BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 19, 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 7-34)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 35-39)
5. REGULAR AGENDA (Pages 40-45)
TIME
CERTAIN 2:00PM (Disparity Study) (5D-1/Admin) (Page 45)
6. BOARD APPOINTMENTS (Page 46)
7. STAFF COMMENTS (Page 47)
8. COMMISSIONER COMMENTS (Page 48)
9. ADJOURNMENT (Page 48)c
* * * * * * * * * * *
DECEMBER 19, 2017
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Contract
with Legal Aid Society of Palm Beach for Wage Dispute Project
3A-2 Appointment
to the Small Business Assistance Committee
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Work
Order with Ranger Construction Industries, Inc. to mill and resurface Military
Trail to Palmetto Park Road
3C-2 Roadway
transfer agreement with FDOT transferring ownership and maintenance for several
properties to Palm Beach County
Page 9
3C-3 Interlocal
agreement with Village of Palm Springs for water main and force main
adjustments from Forest Hill Elementary School to east of Major Drive
3C-4 Subordination
of utility interests and reimbursement for future facility relocations with the
City of West Palm Beach near the intersection of N. Congress Avenue and Palm
Beach Lakes Boulevard
3C-5 Interlocal
agreement with Village of Palm Springs for water main and force main
adjustments from Sherwood Forest Boulevard over LWDD L-8 Canal
Page 10
3C-6 Contract
with Ranger Construction Industries, Inc. for annual milling and resurfacing
3C-7 Contract
with Ranger Construction Industries, Inc. for resurfacing of Haverhill Road
from Summit Boulevard to Belvedere Road
Page 11
3C-8 First
amendment to contracts with four engineering firms extending the contracts for
one year and modifying the fee schedule
D. COUNTY ATTORNEY
Page 11
3D-1 Settlement
for attorney fees and costs for former County employee
E. COMMUNITY SERVICES
Page 12
3E-1 Amendments
to Contracts with three agencies for Provision of Ryan White Part A HIV Health Support Services
Page 13
3E-2 Amendments
to Agreements with two agencies to provide meals and in-home services to
seniors
3E-3 Ratify
Mayor’s signature on Federally Funded Subgrant Agreement providing assistance
to low income residents of Palm Beach County
F. AIRPORTS
Page 14
3F-1 Change order to Amendment 10 with The
Morganti Group, Inc. for Construction Manager at Risk services and extension of
time
3F-2 Memorandum of Agreement with Aeronautical
Services for a digital Notice to Airmen Manager System at four county airports
3F-3 Memorandum of Lease, Estoppel Certification
and Non-Disturbance Agreement with Galaxy Aviation
3F-4 Easement Agreement with Comcast Cable for
service at PBIA
DECEMBER 19, 2017
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS (Cont’d)
Page 15
3F-5 Receive and file assignment of lease between
PBC and Piedmont Hawthorne Aviation, LLC for hangar agreement at the North County
General Aviation Airport
3F-6 Development Site Lease Agreement with PBI
POST DISTR, LLC, for the development of a warehouse
Page 16
3F-7 Amendment to contract with AECOM Technical
Services, Inc for planning and design services
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 Receive
and file Standard license agreement with the Wellington Chamber of Commerce for
use of County-Owned property
Page 17
3H-2 Agreement
with Susan Narduli for Art Services at the Palm Beach County Convention Center
Courtyard
Page 18
3H-3 Amendments
to five HVAC contracts to provide HVAC services
Page 19
3H-4 Installation
of plaques in the Main County Courthouse’s Criminal and Juvenile Entrance
Lobbies indicating “Judge Daniel T.K. Hurley Courthouse”
Page 20
3H-5 Amendments
to five contracts for Asbestos & Industrial Hygiene Consulting services
3H-6 Amendment
to contract with Robling Architecture Construction, Inc. for renovations to the
Santaluces Aquatic Center
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 21
3I-1 Amendment to Agreement with Aid to Victims
of Domestic Abuse, Inc. revising expense categories eligible for reimbursement
Page 22
3I-2 Assumption Agreement with CDT SP Marina
Bay, LLC for construction of elderly multifamily housing
J. PLANNING, ZONING & BUILDING
Page 23
3J-1 Cost
Reimbursement Agreement between PBC and State of Florida Department of Economic
Opportunity for a Community Planning Technical Assistance grant
K. WATER UTILITIES
Page 23
3K-1 Receive
and file agreements received during the month of August 2017
Page 24
3K-2 Contract with Hazen and Sawyer, P.C., for
improvement projects at the Southern Region Water Reclamation Facility
3K-3 State Financial Assistance Agreement with
FDEP for restoration and repair of the water infrastructure of the Glades
Region
Page 25
3K-4 Contract with DBF Construction LLC for South
County water main replacements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Assignment
of Conservation Easement between PBC and the Village of Palm Springs
M. PARKS & RECREATION
Page 25
3M-1 Agreement between PBC and the PBSO to provide
mutually agreed upon community outreach programs for youth at the Westgate
Recreation Center
DECEMBER 19, 2017
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 26
3M-2 Receive and file ten executed Independent
Contractor Agreements
Page 27
3M-3 Amendment
to Infrastructure Surtax Project Plan to consolidate all Playground Replacement
projects budgets
S. FIRE RESCUE
Page 27
3S-1 Amendment
to Agreement with Elite Medical Specialists, LLC for a time extension for
medical director services
X. PUBLIC SAFETY
Page 28
3X-1 Receive
and file amendment to Interlocal Agreement for Civil Drug Court with the City
of Riviera Beach
3X-2 Receive
and file Victim of Crime Act grant agreement to provide victim advocacy
services
Page 29
3X-3 Receive and file amendment to contract with
the State of Florida, Department of Health increasing the contract amount to
purchase educational materials
BB. YOUTH SERVICES
Page 30
3BB-1 Agency Affiliation Agreement with Everglades
College, Inc. for the students to get clinical experience required to complete
a Master’s/Doctoral degree
CC. SHERIFF
Page 30
3CC-1 Subgrant Agreement from the State of Florida
Department of Transportation for the Occupant Protection Program
Page 31
3CC-2 Subgrant Agreement from the State of Florida
Department of Transportation for the Speed and Aggressive Driving Campaign
3CC-3 Receive and file modification to subgrant
agreement between Emergency Management and the PBSO extending the grant period
3CC-4 Receive and file modification to subgrant
agreement between Emergency Management and the PBSO modifying the budget
distribution, scope of work and deliverables
3CC-5 Federally-Funded Subgrant Agreement for a FY17
State Homeland Security Grant
Page 32
3CC-6 Letter of Agreement and Contract between PBSO
and FDOT for the Drug Recognition Expert Project
3CC-7 Receive and file second amendment to the
Memorandum of Agreement between PBSO and Early Learning Coalition
3CC-8 National Institute of Justice Award Letter for
a FY 2017 DNA Capacity Enhancement and Backlog Reduction Program Grant
Page 33
3CC-9 US Department of Justice, COPS Office Award to
hire 15 new law enforcement deputies to increase community policing and address
drug traffic activities and violent crimes
DD. INTERNAL AUDIT
Page 33
3DD-1 Receive and file Audit Risk Assessment and Work Plan for FY 2018
EE. MEDICAL EXAMINER
Page 33
3EE-1 Contract with AXIS Forensic Toxicology, Inc. to
provide forensic toxicology testing
DECEMBER 19, 2017
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
FF. TOURIST
DEVELOPMENT COUNCIL
Page 34
3FF-1 Amendment to the Tri-Party Agreement between
PBC, the City of Boca Raton and ESPN to produce an annual college football bowl
game
PUBLIC HEARINGS – 9:30 A.M.
A. WATER UTILITIES
Page 35
4A-1 Resolution confirming the Special Assessment
Roll for the 52nd Court North Water Main Extension
B. FIRE RESCUE
Page 35
4B-1 Ordinance adopting the updated Florida Fire
Prevention Code
C. PLANNING,
ZONING & BUILDING
Page 36
4C-1 Ordinance repealing and adopting amendments
to the Florida Building Code
D. ENGINEERING
Page 37
4D-1 Five Year Road Program
E. HOUSING AND
ECONOMIC SUSTAINABILITY
Page 38
4E-1 Tax
Equity & Fiscal Responsibility Act concerning the proposed issuance of revenue
bonds for the Trinity Health Corporation
F.
ADMINISTRATION
Page 39
4F-1 Ordinance
establishing the Prohibition of Conversion Therapy on Minors
REGULAR AGENDA
A. HOUSING AND ECONOMIC SUSTAINABILITY
Page 40
5A-1 Rescind
Impact Fee Affordable Housing Assistance Program award to Community Land Trust
of Palm Beach County for the Davis Landings West project
Page 41
5A-2 Resolution
approving the issuance of hospital revenue bonds for Jupiter Medical Center,
Jupiter Medical Center Foundation, Inc., and Jupiter Medical Center Pavilion,
Inc.
5A-3 Resolution
approving the issuance of housing revenue bonds for Village of Valor to
construction multifamily rental housing
Page 42
5A-4 DELETED: State Initiatives Housing
Partnership funding for multifamily housing
Page 43
5A-5 ADDED:
State Initiatives Housing Partnership funding for multifamily housing
B. FACILITIES
DEVELOPMENT & OPERATIONS
Page 43
5B-1 Amendment to Interlocal Agreement with SFWMD
to purchase interest in the McMurrain Farms property to construct an above
ground reservoir
C. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 44
5C-1 Resolution
approving a Joint Participation Agreement with FDOT for mitigation project
within the Loxahatchee Slough, Pond Cypress and Pine Glades National Areas
DECEMBER 19, 2017
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
D. ADMINISTRATION
Page 45
5D-1 Disparity study and presentation of Mason
Tillman Associates, Ltd.
BOARD APPOINTMENTS (Page 46)
STAFF COMMENTS (Page 47)
COMMISSIONER
COMMENTS (Page 48)
ADJOURNMENT (Page 48)
DECEMBER 19, 2017
A. ADMINISTRATION
1. Staff recommends
motion to approve: Contract with the Legal Aid Society of Palm
Beach County, Inc. totaling $133,000 for the period of January 1, 2018 through
December 31, 2018 for the Wage Dispute Project.
SUMMARY: On December 20, 2016, the County and the
Legal Aid Society of Palm Beach County (Legal Aid Society) entered into a
Contract (R2016-1855) for
$133,000 to cover the
salary and benefits of the staff attorney assigned to the Wage Dispute Project,
together with the support, investigative, court processing services and other
actual costs of the project. The Legal Aid Society has requested to continue
the program for another year. Kimberly Rommel-Enright and Vicki Krusel,
employees of the Legal Aid Society, serve on the Palm Beach County HIV CARE
Council (Council), which is a County Advisory Board. The Council provides no
regulation, oversight, management, or policy-setting recommendations regarding
the contract listed above. Disclosure of this contractual relationship at a
duly noticed public meeting is being provided in accordance with the provisions
of Sect. 2-443 of the Palm Beach County Code of Ethics. Countywide (DO)
2. Staff recommends
motion to approve: appointment
of the following individual to the Small Business Assistance (SBA) Committee
for the seat and term indicated below.
NOMINEE SEAT DESIGNATION TERM NOMINATED
BY
Appoint
Denise C. Albritton 9 Women’s
Business 12/19/17- Comm. Valeche
Organization 09/30/18 Comm. Burdick
SUMMARY: The
SBA Committee is established pursuant to Section 2.80.32, of the Palm Beach
County Code as amended on March 12, 2013.
The committee consists of 15 members representing one black business
owner certified as a small business by the County; one Hispanic business owner
certified as a small business by the County; one woman business owner certified
as a small business by the County; one white male business owner certified as a
small business by the County; one business owner domiciled in Palm Beach
County; one representative of a business incubator program; one representative of
the Hispanic business organization; one representative of the National
Association of Women in Construction; one representative of a Women’s Business
Organization; one certified minority contractor; one representative of the
Associated General Contractors of America; one representative of the Small
Business Development Center; one
representative of a financial institution that assists small businesses; one
representative of the Black Chamber of Commerce; and one representative of a
professional services organization. Ms. Denise C. Albritton was appointed to the
SBA Committee on June 6, 2017, and on November 7, 2017, a Letter of Termination
was sent to Ms. Albritton due to lack of attendance. Since that time, Ms. Albritton has provided a
letter of commitment indicating she will adhere to the attendance
policy of the Committee. The SBA
Committee supports the nomination and a memo was sent to the Board of County
Commissioners on November 27, 2017, requesting approval of the
recommendation. No other nominations
were received. The SBA Committee
consists of 15 members and the terms of the seats are for three years. The SBA Committee reviews and evaluates the
effectiveness of small business programs within County Government. The Committee currently consists of fourteen
(14) members. The current diversity
count is: Caucasian: 7 (50%), African American: 5 (35.7%), and Hispanic: 2
(14.2%). The gender ratio (female:male) is: 7:7. The
nominee for appointment to seat 9 is an African American female. Countywide
(HH)
DECEMBER 19, 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: the
following final minutes of the Board of County Commissioners’ meetings NONE
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements list
as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
4. Staff recommends
motion to receive and file: change
orders, work task orders, minor contracts, final payments and other items
approved by the Contract Review Committee and by the department heads for the
Engineering Department; Facilities Development and Operations; Water Utilities
Department; Environmental Resources Department; and the Department of Airports
during October 2016. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Work Order 2015053-58 in the amount of $680,000 to mill and resurface
Military Trail from the county line north to Palmetto Park Road utilizing Palm
Beach County’s annual asphalt milling and resurfacing contract R2016-0143 with
Ranger Construction Industries, Inc. (Ranger).
SUMMARY: Approval of this work order will allow the contractual services
necessary to construct the improvements. Per County PPM CW-F-050, this
work order exceeds the $200,000 threshold for staff approvals of work orders to
annual contracts, thus requiring approval from the Board of County
Commissioners. Prior to this work order, over $12 million of Ranger’s $20
million contract has been spent or encumbered. The Small Business Enterprise
goal for all contracts is 15%. The SBE participation proposed by Ranger for
this work order is 15%. Approval of this
work order will result in a cumulative SBE participation of 14.3% for all the
work orders issued under the contract. This
project is funded through the infrastructure sales tax. District 4
(LBH)
2. Staff recommends
motion to approve: roadway
transfer agreement with the State of Florida Department of Transportation
(FDOT) to transfer ownership and maintenance responsibilities for State Road
7/SR 7 Extension from Okeechobee Boulevard to Northlake Boulevard to FDOT, and
to transfer ownership and maintenance responsibilities for both State Road
845/Powerline Road from north of the Hillsboro Canal to Glades Road and State
Road 850/Northlake Boulevard from US 1/SR 5/Federal Highway to SR 811/Alt A1A
to Palm Beach County (County). SUMMARY: Approval
of this agreement will transfer all
ownership and maintenance responsibilities for SR 7 Extension from County to
FDOT. County will transfer all rights to
the roadway and right-of-way, as specified in this agreement. Approval of this agreement will also transfer
ownership and maintenance responsibilities for both Powerline Road and
Northlake Boulevard from FDOT to the County.
FDOT will transfer all rights to the roadways and rights-of-way, as
specified in this agreement. Districts 1, 2, 4, 5 & 6 (LBH)
DECEMBER
19, 2017
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve:
A) interlocal agreement with the Village of
Palm Springs (Village) in the amount of $99,625.76 for water main and force
main utility adjustments as part of the Purdy Lane from Forest Hill Elementary
School to east of Major Drive project; and
B)
budget amendment of $99,626 in the Road Impact Fee
Fund – Zone 2 to recognize reimbursement funding from the Village and
appropriate it to the project.
SUMMARY: Approval of this agreement will allow Palm Beach County and the Village to jointly
participate in construction of utility adjustments as part of the roadway
project. The Village agrees to reimburse the County for the cost of these
utility adjustments, which were included in the bid. This budget amendment is
necessary to recognize the funding from the Village for the utility
improvements to be incorporated into the County’s construction of the project. District 2 (LBH)
4. Staff recommends
motion to approve: subordination
of utility interests and reimbursement for future facility relocations with the
City of West Palm Beach (City) on a parcel of land located on the north side of
N. Congress Avenue approximately 1,450 feet northwest of the intersection with
Palm Beach Lakes Boulevard. SUMMARY: Approval of the subordination will
subordinate a City sanitary sewer easement interest and allow Palm Beach
County to accept a warranty deed for
additional right-of-way, free and clear of all encumbrances. As part of the
development conditions associated with a new residential storage facility, the
property owner is required to provide the County with additional right-of-way on the north side of N. Congress
Avenue. District 7 (LBH)
5. Staff recommends
motion to approve:
A) interlocal agreement with the Village of
Palm Springs (Village) in the amount of $62,634 for water main and force main
utility adjustments as part of the Sherwood Forest Boulevard over LWDD L-8 Canal project; and
B) budget amendment
of $62,634 in the Transportation Improvement Fund to recognize reimbursement funding from the Village and
appropriate it to the project.
SUMMARY: Approval of this agreement will allow Palm Beach County and the Village to jointly
participate in construction of utility adjustments as part of the roadway
project. The Village agrees to reimburse the County for the cost of these
utility adjustments, which were included in the bid. This budget amendment is
necessary to recognize the funding from the Village for the utility
improvements to be incorporated into the County’s construction of the project. District 2 (LBH)
DECEMBER
19, 2017
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve:
A) annual milling and resurfacing contract, Project No. 2017053,
with Ranger Construction Industries, Inc. (Ranger) in an amount
not to exceed the total
value of $16,000,000 for work
orders; and
B) annual milling and resurfacing contract, Project No. 2017053, with Community Asphalt Corp. (Community), in an amount
not to exceed the total value of $16,000,000 for work orders.
SUMMARY: Approval of these contracts will establish an annual
milling and resurfacing contract. The Small
Business Enterprise goal for all contracts is 15%. Ranger committed to 15.3% SBE
participation. Community committed to 5.5% SBE participation, which is more
than the 0% SBE participation committed to by General Asphalt, the third bidder
of three total bidders. Ranger is a Palm
Beach County based company.
Community is a Miami-Dade registered company, with an office located in
Palm Beach County. These
contracts are for 12 months, with the possibility of an extension for up to a total of 36 months,
with approval of the
Board of County
Commissioners. Although
Community’s and Ranger’s non-discrimination policies do not conform to the
County’s non-discrimination policy in all respects, Community and Ranger have
contractually agreed that they will not discriminate based on any of the
grounds encompassed within County Resolution No. 14-1421 and will abide by the
Resolution. Countywide (LBH)
7. Staff recommends
motion to approve:
A)
contract with Ranger Construction Industries, Inc.
(Ranger) in the amount of $888,838.50 for the resurfacing of Haverhill Road
from Summit Boulevard to Belvedere Road Project;
B) budget
transfer of $568,009 from the Housing and Community Development Fund to the
Transportation Improvement Fund for the project; and
C) budget
amendment of $568,009 in the Transportation Improvement Fund to recognize the
transfer from the Housing and Community Development Fund and appropriate it to
the project.
SUMMARY: Approval of this contract,
budget transfer and budget amendment will allow Palm Beach County to issue a
notice to proceed to Ranger, a Palm Beach County based company, to begin
construction of the project. The Small Business Enterprise goal for all
projects is 15%, but the responsive bidders cannot be ranked for SBE compliance
for this project due to federal funding restrictions. Ranger was the lowest responsive, responsible
bidder. This project is partially funded thru Community Development Block Grant
funds. Districts 2 & 7 (LBH)
DECEMBER
19, 2017
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to approve:
A) first amendment to the annual structural
engineering contract with Alan Gerwig & Associates, Inc., (AGA) R2017-0026,
dated January 10, 2017, to extend the contract expiration date from January 9,
2018 to January 9, 2019, and modify the fee schedule;
B) first amendment to the annual structural
engineering contract with R.J. Behar & Company, Inc., (RJB) R2017-0027,
dated January 10, 2017, to extend the contract expiration date from January 9,
2018 to January 9, 2019, and modify the fee schedule;
C) first amendment to the annual structural
engineering contract with Stantec Consulting Services Inc., (SCS) R2017-0137,
dated February 7, 2017, to extend the contract expiration date from February 6,
2018 to February 6, 2019, and modify the fee schedule; and
D) first amendment to the
annual structural engineering contract with Wantman Group, Inc., (WGI)
R2017-0138, dated February 7, 2017, to extend the contract expiration date from
February 6, 2018 to February 6, 2019, and modify the fee schedule.
SUMMARY:
Approval of these first amendments will extend the expiration dates of
the annual structural engineering contracts for AGA and RJB from January 9,
2018 to January 9, 2019, and extend the expiration dates for SCS and WGI from
February 6, 2018 to February 6, 2019.
These extensions will provide a continuation of the required
professional services provided by AGA, RJB, SCS and WGI for one year, on a task
order basis. These amendments with AGA,
RJB, SCS and WGI will also adjust their hourly rates as allowed in the original
contracts and shown in Exhibit B1 of each amendment. These amendments are the
first renewals of two possible one year renewals permitted per the original contracts.
To date, tasks in the amount of $20,127.12 have been authorized for AGA with
100% Small Business Enterprise (SBE) participation which meets their commitment
of 100%. Tasks in the amount of
$153,162.89 have been authorized for RJB with 20.35% SBE participation which
exceeds their commitment of 17%. Tasks
in the amount of $125,449.19 have been authorized for SCS with 22.72% SBE
participation which does not meet their commitment of 31%. Tasks in the amount of $262,759.59 have been
authorized for WGI with 48.97% SBE participation which exceeds their commitment
of 15%. AGA, RJB, SCS and WGI are Palm
Beach County based companies. AGA is
certified as an SBE company. Countywide (LBH)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: settlement in the amount of $151,500, inclusive of
the cost of mediation ($1,500), and attorney’s fees and costs, in the case
styled Michael Gleman v. Palm Beach County Board of County Commissioners, case
number 502015CA013856, resulting from the suspension and termination of a
former Water Utilities Department employee.
SUMMARY: On October 20, 2016,
the Water Utilities Department terminated Plaintiff, citing violations of Merit
Rules and progressive discipline from an October 23, 2015, suspension.
Plaintiff was suspended for “[s]tating that there were NEC and OSHA code
violations/citations when none existed”. Plaintiff sued under the Florida
Whistleblower Act, seeking his lost wages and benefits; compensation for his
intangible damages such as humiliation, mental anguish, and loss of reputation;
reinstatement to his former position; and for his attorney’s fees and
litigation costs. Countywide (RMF)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES
1. Staff recommends
motion to approve: Amendments to the Contracts for Provision of
Ryan White Part A HIV Health Support Services with the
agencies listed below, for the period March 1, 2017 through February 28, 2018,
in an amount not to exceed $228,332, for the provision of improving health
outcome services for persons living with HIV Spectrum Disease:
A) Amendment No. 2 with Compass, Inc.
(R2017-0251), to increase funding by $16,924, for a new total contract amount
not to exceed $1,011,832, to improve health outcome services for persons living
with HIV Spectrum Disease;
B) Amendment No. 1 with FoundCare, Inc.
(R2017-0394), to increase funding by $141,408 for a new total contract amount
not to exceed $3,934,357, to improve health outcome services for persons living
with HIV Spectrum Disease; and
C) Amendment No. 1 with Treasure Coast Health
Council, Inc. d/b/a Health Council of Southeast Florida (R2017-0250), to
increase funding by $70,000 for a new total contract amount not to exceed
$469,353, to improve health outcome services for persons living with HIV
Spectrum Disease.
SUMMARY: These
amendments are for services for HIV affected clients. They are necessary to
allow for payment of services rendered during the grant year. Amendment No. 2
with Compass, Inc. increases funding for medical case management and
non-medical case management supportive services. Amendment No. 1 with
FoundCare, Inc. increases funding for health insurance premium and cost sharing
assistance, substance abuse residential, medical transportation, and medical
case management – Minority AIDS Initiative (MAI). Amendment No. 1 with Treasure
Coast Health Council, Inc. d/b/a Health Council of Southeast Florida increases
funding for specialty outpatient medical care. On June 13, 2017 and June 28,
2017, FoundCare, Inc. had a total contract allocation reduction of $85,190 for
a new total amount of $3,792,949. These amendments are being submitted as part
of annual Ryan White funding sweeps to adjust agency contracts to the final
grant award from the Health Resources and Services Administration. Lilia Perez
and Quinton Dames, employees of FoundCare, Inc. and Patricia Huntley, employee
of Compass, Inc., are members of the HIV CARE Council. Marcia V. Hayden,
employee of Treasure Coast Health Council, Inc. d/b/a Health Council of
Southeast Florida is a member of the Planning Commission. These boards provide
no regulation, oversight, management, or policy-setting recommendations
regarding the agency contract listed above. Disclosure of these contractual relationships at a duly noticed public
meeting is being provided in accordance with the provisions of Section. 2-443,
of the Palm Beach County Code of Ethics. No
County funds are required. (Ryan White Program) Countywide (HH)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
2. Staff recommends
motion to approve:
A) Amendment 003 to Standard Agreement No.
IU016-9500 (R2015-1608) for Nutrition Services Incentive Program with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period January 1, 2017 through
December 31, 2017, to
revise, replace and amend portions of the standard agreement and to decrease
the overall total funding by $6,103.42, to provide effective delivery of
nutritious meals to seniors;
B) Amendment 005 to Standard Agreement No. IA016-9500 (R2016-0321)
for Older Americans Act (OAA)
with AAA, for the period January 1, 2017 through December 31, 2017, to
revise and add portions of the
standard agreement, to provide in-home and community-based services to seniors;
and
C) downward budget amendment
of $81,686 in the Division of Senior Services Administration Fund to align the
budget to the actual grant award.
SUMMARY: Grant adjustments are made during the
contract year to align services with need. These amendments are necessary to
incorporate changes made to the standard agreements. Palm Beach County Division
of Senior Services is responsible for providing services north of Hypoluxo Road.
The areas of service include all districts, excluding portions of Districts 3,
4, 5 and 7 south of Hypoluxo Road. The Mae Volen Senior Center, Inc. is
responsible for providing services in the areas south of Hypoluxo Road.
Sufficient funding is included in the budget to meet County obligations.
(Division of Senior Services) Countywide except for portions of Districts 3,
4, 5 & 7 south of Hypoluxo Road (HH)
3. Staff
recommends motion to:
A) ratify
signature of the Mayor on Modification No. 1 to the Florida Department of
Economic Opportunity (DEO) Federal Fiscal Year (FFY) 2017 Low-Income Home
Energy Assistance Program (LIHEAP) Federally Funded Subgrant Agreement No.
17EA-0F-10-60-01-023 (R2017-0996) with the State of Florida, Department of
Economic Opportunity, for the period April 1, 2017 through March 31, 2018, to
increase funding by $381,327 for a new total amount not to exceed $3,349,965,
to provide energy payment assistance to low income residents of Palm Beach
County;
B) delegate
County Administrator, or designee, signatory authority on additional exhibits,
service coordination and referral documents, and any other necessary documents
related to LIHEAP requirements; and
C) approve budget amendment of $381,327 in the Low-Income Home
Energy Assistance Program fund to reconcile the budget to the actual grant
award.
SUMMARY: The State of Florida, Department of Economic Opportunity awarded the
Palm Beach County Community Action Program $2,968,638 in LIHEAP funds. This
modification increases the original LIHEAP agreement amount by $381,327. LIHEAP
funds will be used to provide energy payment assistance to over 7,000
households in Palm Beach County. The DEO sent instructions to return the
modification as soon as possible to avoid disruption of services to clients.
The emergency signature process was utilized because there was insufficient
time to submit this item through the regular agenda process. No additional County match funds are
required. (Community Action Program) Countywide (HH)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Change
Order No. 1 to Amendment No. 10 to the Construction Manager (CM) at Risk
Contract with The Morganti Group, Inc. for CM at Risk Services for Task M-22: Gate Desk Replacement Phase 3 at Palm Beach
International Airport (PBIA) for a time extension of 124 calendar days with no
change in cost. SUMMARY: The Contract with The Morganti Group, Inc. for CM at Risk
Services for Terminal Improvements at PBIA was approved by the Board on June 4,
2013 (R2013-0663). The Contract is for 2
years with 3 one year renewal options and is a task order based contract for CM
at Risk Services at PBIA. The Board
exercised the first one-year renewal option on May 5, 2015 (R2015-0550); the
second one-year renewal option on May 3, 2016 (R2016-0557); and the third and
final one-year renewal option on May 2, 2017 (R2017-0538). The Morganti Group, Inc. is a Danbury,
Connecticut, based firm; however, the work will be directly managed by their
southeast regional office in Palm Beach County.
Amendment No. 10 was approved by the Board on October 18, 2016
(R2016-1479). The contract value to date
is $24,664,300. Approval of Change Order
No. 1 to Amendment No. 10 for a time extension of 124 calendar days with no
change in cost is required to accommodate the airlines’ operations during the
busy travel season and impacts due to other projects. The Disadvantaged
Business Enterprise goal for this contract is 13%. The total to date participation
for this contract is 16.09%. Countywide (AH)
2. Staff recommends
motion to approve:
Memorandum of Agreement (MOA) with Aeronautical Services (AJM-336) of the
Federal Aviation Administration (FAA) for digital Notice to Airmen (NOTAM)
Manager System for Palm Beach International Airport, North Palm Beach County
General Aviation Airport, Palm Beach County Park Airport and Palm Beach County
Glades Airport at no cost to Palm Beach County. SUMMARY: This MOA provides for Palm Beach County
Department of Airports use of the FAA’s web-based direct entry digital NOTAM
system. Each account is password
protected for security purposes and the FAA will provide initial training to
users as well as on-going support of the system. The
digital NOTAM system uses existing county equipment to access the system and
requires no additional equipment or configuration. The term of the MOA is for
one year with automatic renewals. Either
party may terminate this MOA with a 30 day notice. Countywide (AH)
3. Staff recommends
motion to approve: Memorandum of Lease, Estoppel Certificate, and
Non-Disturbance Agreement (Memorandum of Lease) with Galaxy Aviation of
Lantana, Inc., d/b/a Stellar Aviation of South Palm Beach (Galaxy) and
Professional Bank (Lender). SUMMARY:
The purpose of the Memorandum of Lease is to place the public on notice as to
specific terms and conditions of the Amended and Restated Fixed Base Operator
Lease Agreement with Galaxy dated June 21, 2016 (R2016-0759), as amended (Lease),
verify the status of the parties’ obligations under the Lease and to confirm
that County will not disturb the Lender’s possession of the leasehold property
in the event of a foreclosure, provided that there are no defaults of the
tenant’s obligations under the Lease. Countywide (HJF)
4. Staff recommends
motion to approve: Easement
Agreement with Comcast Cable Communications Management, LLC (Comcast) for
service to 1500 Perimeter Road in West Palm Beach at Palm Beach International
Airport (PBIA). SUMMARY: The
Easement Agreement will allow Comcast to install underground coax cable and
fiber-optic cabling to Signature Flight Support Corporation, a tenant at PBIA
located at 1500 Perimeter Road. Countywide (HJF)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to receive and file:
Assignment of the Lease between Palm Beach County and Piedmont Hawthorne
Aviation, LLC, d/b/a Signature Flight Support (Signature) for that certain
Hangar Lease Agreement for Building 11240, Unit 8 (R2010-1111) at the North
County General Aviation Airport. SUMMARY:
Signature leases facilities at the
North County General Aviation Airport and
Palm Beach County Glades Airport for the provision of fixed base operator
services for general aviation aircraft.
Leases for aircraft storage hangars are currently managed directly by
Signature. A scrivener’s error in the
assignment of hangar leases from the County to Signature under the Fixed Base
Operator Lease Agreement (R2010-1109) resulted in the unintentional omission of
Hangar
Lease Agreement for Building 11240, Unit 8 (R2010-1111). Countywide (AH)
6. Staff recommends
motion to:
A) approve
Development
Site Lease Agreement (Lease) with PBI POST DISTR. LLC (PBI POST), a Delaware
limited liability company, for the lease of approximately 326,697 square feet
of unimproved ground located west Post Road and south of Wallis Road for the
development of a warehouse, commencing on December 19, 2017, and expiring 30
years from the date of beneficial occupancy with an option to renew for two additional
terms of ten years each and an initial annual rental of $186,217; and
B) authorize Director of the Department of Airports, or designee, to
execute, on behalf of County, the Owner’s Affidavit, Memorandum of Lease and
Ground Lessor’s Estoppel in the form attached to the Lease, and all
applications and similar instruments required to obtain necessary governmental
approvals for the development of the property.
SUMMARY: The Lease provides for the development of an
approximately 120,000 square foot warehouse for the storage, handling and
distribution of PODS storage containers.
PBI POST will pay an initial annual rental of $186,217, which is $0.02
per square foot higher than the most recent appraised fair market rental value
of the property. Rental will be adjusted every three years, commencing on
October 1, 2022. The total anticipated investment to be made by PBI POST is
approximately $11,000,000. The Lease is contingent on receipt of all necessary
governmental approvals. Construction of the improvements is required to be
completed within 26 months of the effective date of the Lease. The Lease
provides PBI POST with consent to the sublease of the property to PODS
ENTERPRISES, LLC. The Lease requires the County to deliver an Owner’s
Affidavit, Memorandum of Lease and Ground Lessor’s Estoppel for title and
financing purposes. In order to provide the documents within the timeframes
required by the Lease and to ensure that PBI POST can timely process its
applications for development approvals when the signature of the property owner
is required, the Department is requesting a delegation of authority to the
Department Director, or designee, to sign the documents on behalf of the
County. Although neither the AC/DBE nor SBE programs apply to the Lease, PBI
POST has committed to 15% SBE participation in the construction of the
improvements. Countywide (HF)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. Staff recommends
motion to approve: Amendment No. 11 to the General Consulting contract
with AECOM Technical Services, Inc. for Consulting/ Professional Services in
the amount of $59,298 for the continued performance of professional planning
and design services related to the approved Palm Beach County Airports’ Capital
Improvement Program. SUMMARY: The Consulting contract (R2014-0031)
with AECOM Technical Services, Inc. for general airport planning and design was
approved on January 14, 2014 in the amount of $1,641,372 in order to carry out
the approved Capital Improvement Programs for the County’s Airports. Amendments 1 through 10 have been previously
approved by the Board increasing the amount of the contract by $9,771,892,
bringing the total contract to $11,413,264.
Approval of Amendment No. 11 will provide an additional $59,298 to
complete the following: Task I Services
– Specific Projects: Palm Beach International Airport (PBIA) Evaluation of
Noise Levels at Proposed Noise Monitor Site; and, Consulting Services for
Passenger Facility Charge Application.
AECOM Technical Services, Inc. is a Los Angeles, California based firm;
however, the majority of the work to be completed in this contract will be
completed and/or managed through their West Palm Beach and Tampa, Florida
offices in conjunction with several Palm Beach County-based sub-consultants and
firms. A Disadvantaged Business
Enterprise (DBE) goal of 15% was set for this contract. AECOM Technical Services, Inc. has committed to 21% DBE participation
for this contract. The total proposed
DBE participation in this amendment is approximately 14%. The current paid to
date DBE participation is approximately 14%.
Approval of this Amendment No. 11 results in anticipated overall DBE
participation of 18%. Countywide (AH)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file:
Standard License Agreement for Use of County-Owned Property dated November 15,
2017, with the Wellington Chamber of Commerce (Wellington Library Branch
Parking lot). SUMMARY: In accordance with County PPM CW-O-051,
all delegated contracts, agreements and grants must be submitted by the
initiating Department as a receive and file agenda item. The attached standard Agreement, dated
November 15, 2017 has been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator or designee. The Standard License
Agreements were approved in accordance with R2010-0333, as amended and approved
by the Board on October 1, 2013. This executed document is now being submitted
to the Board to receive and file. (FDO Admin) Countywide (LDC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: Agreement for Art Services with Susan Narduli of
Narduli Studio in the amount of $454,000 for the design, permitting,
fabrication and installation of “Light Play” sculptural screens and gates for
the Palm Beach County Convention Center Courtyard. SUMMARY: The County is required to complete an art
project visible to the public located within the boundaries of the Convention
Center property as a City of West Palm Beach regulatory requirement for the
recently constructed Convention Center Parking Garage. The goal of this art
project is to create a rentable outdoor venue by leveraging the existing
Courtyard on the north side of the Convention Center. Award winning artist
Susan Narduli, whose work focuses on integrating art into the environment, will
collaborate with internationally recognized lighting design firm Horton Lees
Brogden. The Courtyard’s new design will be able to accommodate a variety of
events and will include illuminated sculpture screens and gates to define the
limits of the space, control access and achieve a degree of visual blockage and
seclusion from the Courtyard’s surroundings.
That peripheral treatment will then be furthered by flexible seating and
tables, landscaping to provide shade, additional lighting to support evening
activities and event rentals, and new pavers, all with additional design
services by Susan Narduli to complete the full scope of this functional art
project. “Light Play”, the courtyard’s sculptural screens and gates, was chosen
by the Public Art Committee with participation by representatives from the
Convention Center and the City of West Palm Beach. Narduli Studio is not an SBE
and is not local. The duration of the contract is 155 days. The funding for the
art component of the Parking Garage is budgeted at $1,350,000 from the 68M Rev
Bond AC2/Convention Center Parking Garage. Separate contracts to complete the
balance of the Courtyard art project will be necessary and will be prepared for
approval once the design is complete and the scope of work identified. The Artist will lead the design and scope
of all components of this art project with support of the project’s design
professionals. Local architects, landscape architects, engineers and
contractors will also assist in achieving SBE and local participation on the
art project. This particular contract is being advanced before the project’s
construction contract, to meet schedule challenges with the Convention Center’s
existing events. (FDO ADMIN) District
7/Countywide (MJ)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Amendments
No. 3 to five annual HVAC contracts extending the term for one year and
increasing the maximum dollar value by $2,500,000 for HVAC services on a
continuing contract basis.
|
Contractor |
Original Contract Resolution |
Status |
Total dollars in
Work Orders to- date |
Total SBE Participation To-date |
|
A) E. C. Stokes Mechanical Contractor, Inc. |
R2015-0046 |
Local/SBE |
$606,248 |
100.0% |
|
B)
Farmer & Irwin Corp. |
R2015-0047 |
Local/Non-SBE |
$351,698 |
0.0% |
|
C) Precision Air Systems, Inc. |
R2015-0049 |
Local/Non-SBE |
$1,447,701 |
76.7% |
|
D) The Airtex Corporation |
R2015-0050 |
Local/SBE |
$699,010 |
90.6% |
|
E) Thermo Air, Inc. |
R2015-0051 |
Non-Local/Non-SBE |
$378,649 |
25.9% |
SUMMARY: Amendments No. 3 extend the term
of the Contracts for HVAC services for one year through January 12, 2019. The Board approved the annual Contracts on
January 13, 2015, and the original Contracts provided for an initial term of
one year with four renewal options each for a period of one year each. During
the first three years of the Contracts, the County awarded $3,709,909 in work
orders. In addition, Staff is requesting
the cumulative limit be increased by $2,500,000 for a total cumulative value of
$6,500,000. Projects are bid among the
pre-qualified participants. Four of the five contractors are Palm Beach County
businesses and the remaining one is based in Broward. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%.
The cumulative SBE participation for all work orders to-date is 71%. (Capital
Improvements) Countywide (LDC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: installation of engraved granite plaques indicating
“Judge Daniel T.K. Hurley Courthouse” into the Main County Courthouse’s
Criminal and Juvenile Entrance Lobbies and upon the pair of East Entrance Plaza
Clock Towers in the amount of $15,000 for plaque design, fabrication and
installation. SUMMARY: On May 17, 2017, the BCC approved the motion
to waive County policy CW-O-044 and allow the naming of the Main County
Courthouse after retired Judge Daniel T.K. Hurley. The new Courthouse name is proposed to be
integrated into prominent locations with granite plaques and engravings to
match existing accent granite. Specific plaque locations proposed include the
Courthouse’s Criminal and Juvenile Entrance Lobbies and the pair of East Entrance
Plaza Clock Towers due to their combined visibility to passersby, as well as
the public, attorneys and employees entering the Courthouse. Plaque fabrication and installation is
anticipated to be completed in February 2018. In addition to those naming measures
alone, Staff believes it appropriate to add an integrated history exhibition
showcasing the entire 15th Judicial Circuit into a prominent public
space within the Main County Courthouse.
Staff is proposing to meet with past and present judges and court
partners to develop the content for the overall exhibition installed in those
locations. The group will determine
exhibition content relevant to the judicial process, judges and circuit
officers of the 15th Circuit who made history in their careers, and
15th Circuit cases of historic importance. The first phase of the
exhibition will feature retired Judge Hurley and courts related milestones,
which occurred during Judge Hurley’s tenure with future phases going back in
time. The exhibit will consist of text, graphics and audio-visual interviews
with judges and others played on closed loop LCD screen mounted to existing
first floor columns. While the development of the full exhibition will likely
span 3-5 years, as soon as the group identifies the judges to be permanently
features in the exhibit, staff will begin to create video documentation
required to complete all phases of the exhibit.
In a future Board meeting FDO will seek approval for exhibition content,
design and budget for all phases of the project. (FDO ADMIN) Countywide/District 7 (MJ)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: Amendments No. 1 to the continuing Contracts for
Asbestos & Industrial Hygiene Consulting services to extend the term for
one year:
A) Airquest Environmental, Inc. (R2017-0412), Non-SBE/Local, 0% SBE
participation to date;
B) ECO Advisors, LLC. (R2017-0413), SBE/Local, 91.3% SBE participation to
date;
C) Gaudet Associates, Inc. (R2017-0414), SBE/Local 76.2% SBE participation
to date;
D) GLE Associates, Inc. (R2017-0415), Non-SBE/Non-Local, 0% SBE
participation to date; and
E) Professional Service Industry, Inc. (R2017-0417), Non-SBE/Local, 0% SBE
participation to date.
SUMMARY: In January, 2016, the School District of Palm Beach County performed
selection in accordance with the Consultants Competitive Negotiation Act, to
provide asbestos consulting services.
The County piggybacked the School District’s contracts, as it was more
efficient than the County performing its own selection. The School District’s contracts provided an
initial term of two years commencing on January 19, 2016 with three renewal
options each for a period of one year.
On April 4, 2017, the Board approved the annual contracts through
January 18, 2018. Amendments No. 1 extend the term of the contracts’ services
during the first renewal period for one year from January 19, 2018 through
January 18, 2019. During the first two years of these contracts, Airquest
Environmental, Inc. was awarded $35,375, Eco Advisors, LLC was awarded $57,940,
Gaudet Associates, Inc. was awarded $24,096, GLE Associates, Inc. was awarded
$110,585 and Professional Service Industry, Inc. was awarded $12,895 in
Consultant Services Authorizations. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance is 15%. (Capital
Improvements Division) Countywide (LDC)
6. Staff recommends
motion to approve: Amendment No.6 to the contract with Robling
Architecture Construction, Inc. (R-2016-0762) in the amount of $561,384 for the
renovations to the Santaluces Aquatic Center establishing a Guaranteed Maximum
Price (GMP). SUMMARY: This Amendment authorizes the
Construction Manager (CM) to remodel the swimming pool, including resurfacing
of the pool, new pool tile, markers and coping, handrails, new pool drains and
inlet jets, leaking pipe repairs, deck repairs throughout, and repainting the
Administration/Lifeguard/Locker Room building.
Amendment No. 6 establishes a Guaranteed Maximum Price (GMP) of
$561,384. The GMP includes the cost of
the work, the construction manager’s fee and contractor contingency. The duration of construction is 180
days. The Small Business Enterprise
(SBE) participation goal established by the SBE Ordinance is 15%. Robling Architecture Construction, Inc.’s SBE
participation for this Amendment is 26.7%. This project will be funded from
Infrastructure Sales Tax. Robling Architecture Construction, Inc. is a
Palm Beach County business and it is anticipated that 100% of the work will be
performed by Palm Beach County contractors. (Capital Improvements Division) District
3 (LDC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve:
A) Amendment No.
001 to an Agreement (R2017-1467) with Aid to Victims of Domestic Abuse, Inc.
(AVDA) to revise the expense categories eligible for reimbursement; and
B) delegated authority to the County Administrator, or designee,
to execute amendments to the 12 Agreements (R2017-1467 through R2017-1478)
approved by the Board of County Commissioner on October 3, 2017.
SUMMARY: On October 3, 2017, the County entered into an Agreement (R2017-1467)
with AVDA to provide $20,640 in Community Development Block Grant (CDBG) funds
for the provision of transitional housing and supportive services to homeless
victims of domestic abuse and their children. AVDA would like to use the CDBG
funds for eligible expenses in the operating category, not the personnel
category. This Amendment revises the categories eligible for reimbursement.
Delegation of authority to the County Administrator, or designee, to execute
future amendments to the Agreements approved on October 3, 2017, will allow timely
execution of such amendments which will allow recipients to undertake
activities in a continuous uninterrupted manner and allow for timely
expenditure of CDBG funds in order to meet U.S. Department of Housing and Urban
Development expenditure deadlines. These are Federal CDBG funds which
require no local match. Countywide (JB)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to approve:
A) Loan Assignment,
Assumption and Consent Agreement with CDT SP Marina Bay LLC (as Assignee),
and Marina Clinton Associates, Ltd. (as Assignor) approving assumption of
Loan Agreements (R2000-1932 and R2005-1345) and supporting Mortgage and
Security Agreements as amended; and
B) Delegated authority to the
County Administrator, or designee, to execute the Loan Assignment,
Assumption and Consent Agreement and subsequent future potential Subordination Agreements relating to these
loans; and
C) CDT SP Marina Bay, LLC as new
Borrower/Mortgagor (CDT). (HES)
SUMMARY: On November 21,
2000, the County entered into a Loan Agreement (R2000-1932) with Marina
Clinton Associates, Ltd. (MCA) which provided $291,950 in State Housing
Initiative Partnership (SHIP) funds to assist in the construction of Marina Bay
Apartments, a 192 unit elderly multifamily affordable housing project in
unincorporated Lantana. The County secured this three percent (3%) cash flow
dependent loan with a second mortgage which matures on April 30, 2030. On July 12, 2005, the County entered into a
Loan Agreement (R2005-1345) with
MCA which provided $50,000 in SHIP funds for hurricane repairs at Marina Bay
Apartments. The County secured this one percent (1%) cash flow dependent loan
with a third mortgage which matures on April 30, 2021. On May 21, 2013, the
County approved a First Amendment to the $291,950 Mortgage and Security
Agreement and Modification of Promissory Note (R2013-0639) and a First
Amendment to the $50,000 Mortgage and Security Agreement and Modification of
Promissory Note (R2013-0640), extending the maturity date of both Mortgages and
Promissory Notes (these documents together with the two Loan Agreements are
referred to as the (Loan Documents). CDT has contracted with MCA to purchase
the Marina Bay Apartments and desires to assume the Loan Documents, and has
agreed to pay all unpaid interest and fees as of the date of closing that have
been deferred as provided in the Loan Documents. As a provision of the loans, Marina Bay
Apartments is required to provide housing for elderly persons who have low or
very low income pursuant to U.S. Government HUD guidelines. Approval of CDT as
a new Borrower/Mortgagor and CDT’s assumption of the Loan Documents is
recommended by staff based on a review of CDT’s finances and supporting
documentation. The value of the property
is sufficient to support these changes as CDT is also assuming the primary
mortgage on the property. These are State
SHIP funds which require no local match. District 3 (JB)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve:
A) Cost Reimbursement Agreement between Palm
Beach County (as Grantee) and the State of Florida Department of Economic
Opportunity (DEO) for a Community Planning Technical Assistance (CPTA) grant in
the amount of $40,000, received on behalf of the Westgate/Belvedere Homes
Community Redevelopment Agency (Westgate CRA or WCRA) to evaluate and recommend
amendments to Article 3.B.14, Westgate Community Redevelopment Area Zoning
Overlay (WCRAO) within the County’s Unified Land Development Code (ULDC).
B) Interlocal Agreement with the Westgate CRA
for the reimbursement of funds associated with the DEO grant agreement, and
C) budget amendment of $40,000 in the General
Fund (Fund 0001).
SUMMARY: In June 2017, the Department of Planning,
Zoning and Building, on behalf of the Westgate CRA, submitted a CPTA grant
program-funding request to the DEO for assistance to hire professional
consultants to evaluate and recommend amendments to the WCRAO. The WCRAO
Analysis and Amendments project
was selected for funding of a CPTA grant in the amount of $40,000 in August
2017 following a competitive statewide DEO selection process. The DEO CPTA
grant program is offered pursuant to Section 163.3168, Florida Statutes, to
provide direct and/or indirect technical assistance to help Florida communities
find creative solutions to fostering vibrant and healthy communities. The
purpose of an analysis of the WCRA Overlay is to critically examine its
efficacy today, both from a broad perspective, and in a way which looks at the
positive impact and challenges of specific regulation language. An evaluation
of how the Overlay functions within the ULDC and a cross-comparative analysis
of the Overlay within the County’s Comprehensive Plan will be a focus. Districts 2 & 7 (RPB)
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: executed Agreements received during the
month of August 2017.
A) Standard Potable Water
and Wastewater Development Agreement with D.R. Horton, Inc., #01-01242-001 (District
2), Recorded in OR BK 29337 PG 0383.
B) Standard Potable Water
and Wastewater Development Agreement with Willie H. Day and Frankie J. Day, #11-01016-000
(District 6), Recorded in OR BK 29132 PG 0188-0196.
C) Change Order No. 3 for
the Contract for Water Treatment Plant #3 and #9 Wellfield Improvements (WUD
Project No. 15-035) with Florida Design Drilling Corporation (District 6).
SUMMARY: In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants/ procurement items must be submitted by
the initiating Department as a receive and file agenda item and are attached
unless the documents have been recorded in the Public Records of Palm Beach
County. The documents have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Water Utilities Department in
accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now
being submitted to the BCC to receive and file. (MJ)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: Contract for Professional Consulting/Engineering
Services with Hazen and Sawyer, P.C., (Contract) for the Secondary Clarifier
and Effluent Filtration Improvements Project (Project) at the Southern Region
Water Reclamation Facility (SRWRF) in the amount of $1,999,490. SUMMARY: This
Contract will provide professional services during the design, permitting,
bidding and construction required to replace aging infrastructure at the
SRWRF. The Project will focus on the
rehabilitation and improvements to the secondary clarifiers, anaerobic
digesters, biogas generators, effluent filters, transfer pumps and chemical
storage. The Project will enhance operational efficiency by replacing or
rehabilitating equipment which are reaching the end of their serviceable life.
The procurement was undertaken pursuant to the requirements of Florida Statutes
287.055 (Consultants’ Competitive Negotiation Act). The Contract has a term of four years. The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance is 15% overall. The contract with Hazen and Sawyer, P.C.,
provides for a minimum SBE participation of 21%, however, Hazen and Sawyer,
P.C., has committed to an SBE participation of 30.31% overall. Hazen and Sawyer, P.C., is headquartered in New
York, New York, but maintains an office in Palm Beach County from which the
majority of the work under the Contract will be undertaken. The
Project is in the FY18 Capital Improvement Plan adopted by the Board of County
Commissioners. (WUD Project No.
17-022) District 5 (MJ)
3. Staff recommends
motion to:
A) approve State
Financial Assistance Agreement (Agreement) with the Florida Department of
Environmental Protection for $1,000,000 towards the restoration and repair of
the water infrastructure of the Glades Region;
B) authorize County Administrator, or designee, to sign all future
time extensions, task assignments, certifications and other forms associated
with this agreement that do not significantly change the scope of work, terms
or conditions of the Agreement; and
C) approve budget
amendment of $1,000,000 in the Water Utilities Department Capital Improvement
Fund (Fund 4011) to recognize the $1,000,000 grant revenue from the agreement
and reallocate $1,000,000 from the Glades Region Water Distribution Rehabilitation
project to the Lake Region Infrastructure Improvement Project (Project).
SUMMARY: The 2017-2018 General Appropriations Act included an
appropriation of $1,000,000 for the Project, which is being undertaken by the
Water Utilities Department (WUD) in the Glades Region. This Agreement will
reimburse the County up to $1,000,000 towards the implementation of water
infrastructure improvement projects that are required in order to repair and
restore the water infrastructure of the Glades Region. The grant amount will be
utilized to upgrade and replace the existing potable water infrastructure located
along Gator Boulevard from East Sugarhouse Road to Duda Road (WUD Project No.
16-037) and Southwest 4th Street, Southwest 8th Street and Southwest 9th Street
from Southwest Avenue F to Dr. Martin Luther King Jr., Boulevard (WUD Project
No. 16-053) in the City of Belle Glade. The
Project to be funded was chosen based on the ability to meet time and
expenditure deadlines contained within the Agreement. The Project will improve the service level,
system reliability and fire flow in the area. The Agreement requires no funding
match from the County; however, the total cost of the work funded by the
Agreement will exceed $2,000,000. With
County funds covering more than 50% of the project cost, the Section 255.0991,
F.S., restriction against applying local preference in the procurement of
construction services is not applicable. District 6 (MJ)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
4. Staff recommends
motion to approve: Contract with DBF Construction LLC
for the South County Water Main Replacements Phase 5 Project (Project) in the amount of
$2,075,000. SUMMARY: On July 26,
2017, 11 bids were received for the Project.
The Project provides for the replacement of approximately 16,400 feet of old
and substandard asbestos cement water main and approximately 285 water services
located in Sandalfoot Cove in southwest Boca Raton. DBF Construction LLC was
the lowest responsive responsible bidder in the amount of $2,075,000.
The Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance is 15% overall. The Contract with DBF Construction LLC provides for
SBE participation of 7.709%. The second low bidder Man-Con Incorporated also
failed to meet the SBE participation goal and the remaining bidders were
outside of the range established for award under the SBE ordinance. DBF
Construction LLC is not a Palm Beach County Company. The Project is included in
the FY18 Capital Improvement Plan adopted by the Board of County Commissioners.
(WUD Project No. 15-039) District 5 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: Assignment of Conservation Easement between Palm
Beach County and the Village of Palm Springs (Village). SUMMARY:
A Conservation Easement
over a 1.28-acre preserve area was established in 2002 as part of the land
development approval process for a parcel known as the New Light Fellowship
Church. The parcel in which this 1.28-acre
preserve lies was annexed into the Village on December 11, 2014. Since the
County no longer has regulatory authority over the area in question, the parcel
was never developed, and it lies within the jurisdiction of the Village, it is
appropriate to transfer the easement from the County to the Village. This form
will provide a process for transfer of this Conservation Easement to the
Village of Palm Springs. District 3 (AH)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: agreement
between Palm Beach County and the Palm Beach County Sheriff’s Office to utilize
each other’s personnel, expertise, facilities and services, to provide mutually
agreed upon community outreach and programming for youth ages 7-17 at the
County’s Westgate Recreation Center. SUMMARY: The County desires to partner
with the Palm Beach County Sheriff’s Office’s Police Athletic League to provide
mutually agreed upon community outreach and programming for youth ages 7-17 at
the County’s Westgate Recreation Center.
The Police Athletic League (PAL) is a 501(c)(3)
youth enrichment program that endeavors to build partnerships between youth,
law enforcement, and the community through recreational and educational
programs designed to encourage, enhance and develop good citizenship, and
improve the quality of life in Palm Beach County. The County has agreed to provide office space
and assign one Recreation Specialist II and two non-permanent employees to assist PAL with this program
as needed. Palm Beach County Sheriff’s Office will pay for all program costs
and assign one Deputy, one Recreation Specialist, and other support staff as
needed at Westgate Recreation Center. District 7 (AH)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff
recommends motion to receive and file:
the following original executed Independent Contractor Agreements:
A) Modern Bujutsu Karate Florida, Inc., Martial
Arts Instructor, CMAA Therapeutic Recreation Complex, for the period of October
16, 2017 through September 30, 2018;
B) M. Regina Rodrigues, Gentle Yoga TRIP and
Community Program Instructor, CMAA Therapeutic Recreation Complex, for the
period of October 1, 2017 through September 30, 2018;
C) M. Regina
Rodrigues, Gentle Yoga Adults/Seniors Instructor, CMAA Therapeutic Recreation
Complex, for the period of October 1, 2017 through September 30, 2018;
D) Gold Coast
Gymnastics, Inc., Tiny Tot Tumbling Instructor, West Boynton Recreation Center,
for the period of October 5, 2017 through September 30, 2018;
E) Shelly M. Janssen, Youth Dance Instructor,
West Boynton Recreation Center, for the period of August 26, 2017 through
September 30 2017.
F) Shelly M. Janssen, Youth Dance Instructor,
West Boynton Recreation Center, for the period of October 3, 2017 through June
17, 2018.
G) Modern Bujutsu Karate Florida, Inc., Martial
Arts Instructor, West Boynton Recreation Center, for the period of October 4,
2017 through September 30, 2018;
H) Palm Beach County Officials Association,
Inc., Fall 2017 Youth Basketball Officials, West Boynton Recreation Center, for
the period of September 26, 2017 through September 30, 2017;
I) Palm Beach County Officials Association,
Inc., Fall 2017 Youth Basketball Officials, West Boynton Recreation Center, for
the period of October 7, 2017 through October 28, 2017;
J) Palm Beach County Officials Association,
Inc., Fall 2017 Youth Basketball Officials, Westgate Recreation Center, for the
period of October 7, 201, through December 9, 2017.
SUMMARY: In accordance with County PPM CW-O-051, all
delegated contracts/ agreements/grants must be submitted by the initiating
Department as a Receive and File Agenda Item.
These Independent Contractor Agreements have been fully executed on
behalf of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions
2002-2103, 2007-0409, 2012-0168 and 2017-0822, and are now being submitted by
the Board to receive and file. Districts 1, 3 & 7 (AH)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to approve:
A) amendment to the Infrastructure Surtax (IST) Project Plan approved by the
Board of County Commissioners on April 4, 2017;
B) budget transfer of $1,035,750 within the
Infrastructure Sales Tax Fund to combine multiple Playground Replacement
projects into project budgets entitled Playground Replacement-Countywide; and
C) budget transfer of $4,200,000 within the
Infrastructure Sales Tax Fund to combine multiple Sports Lighting Replacement
projects into project budgets entitled Sports Lighting Replacement-Countywide.
SUMMARY: The purpose of the plan amendment is to
consolidate the individual budgets for all Playground Replacement projects into
a project entitled Playground Replacement-Countywide and do the same for all
sports lighting projects. These transfers will modify the fiscal accounting for
these projects, but will in no way modify the scope, timing or total amount of
funding allocated to the Category as presented in the approved April 4, 2017
IST Project Plan. The projects in each of
these categories are planned to be solicited as an annual contract with
individual work orders being issued for individual projects when funding is
made available through the regular budget process. This change is being
recommended so that the County can achieve better pricing through
solicitations, which will allow for economy of scale reductions and eliminate
the cost and time associated with multiple procurements. The budget transfers
will implement the accounting changes for FY 17 and 18 funding. The Sales Tax
Oversight Committee reviewed this request at their November 16, 2017 meeting
and approved it unanimously. Countywide (AH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: First Amendment to Professional Service Agreement with Elite Medical
Specialists, LLC, formally known as Kenneth A. Scheppke, M.D., P.A. for medical
director services to extend the Agreement from December 31, 2017 to December
31, 2018 in an amount not to exceed $198,300. SUMMARY: Pursuant to
State law, Palm Beach County Fire-Rescue, as an Emergency Medical Services
Provider, must employ or contract with a medical director who is a licensed
physician and meets the criteria set out in Chapter 401, Florida Statutes, and
the Rules of the Department of Health, Chapter 64J-1, F.A.C. On December 2,
2014, the County entered into a professional services agreement (R2014-1849)
with Kenneth A. Scheppke, M.D., P.A. for Medical Director services.
Since the inception of the Agreement, Kenneth A. Scheppke, M.D., P.A. was
converted to Kenneth A. Scheppke, M.D., LLC, which was then renamed as Elite
Medical Specialists, LLC. The expiration date of the Agreement is
December 31, 2017, with two optional one year periods of renewal.
Both parties desire to operate under the same terms and conditions of the
Agreement through the end of the first one-year renewal period ending
December 31, 2018. Countywide (SB)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: Second Amendment to the Interlocal Agreement
for Civil Drug Court with the City of Riviera Beach (R2016-0280, amended R2017-0342)
to revise the budget for FY2018 without changing the total funding amounts. Summary: The original Interlocal Agreement with the
City of Riviera Beach was approved by the Board of County Commissioners on
March 1, 2016 for the period October 1, 2015 through September 30, 2018 in the
amount of $401,700 to provide support to the Civil Drug Court program and
substance abuse treatment services. The
First Amendment reallocated $2,000 without changing the total funding
amounts. The Civil Drug Court program,
located in the City of Riviera Beach, provides case management services and
contracts for residential and outpatient substance abuse services arising from
court ordered treatment for indigent clients throughout the County. The Second
Amendment to the Interlocal Agreement revises the existing budget to support
the recovery efforts of clients with substance abuse problems throughout Palm
Beach County by increasing treatment, personnel cost, and equipment by $3,600,
decreasing training, promotional, supplies, and certified assessor cost by
$3,000, and eliminating $600 for communication services. On March 1, 2016, the County Administrator or
designee was authorized to execute minor amendments and administrative documents
associated with this agreement on behalf of the Board of County Commissioners,
after approval of legal sufficiency by the County Attorney’s Office, and within
budgeted allocations. Countywide (LDC)
2. Staff recommends
motion to:
A) receive and file Victim of Crime Act (VOCA) FY2017/2018 grant
agreement o-00073 with the State of Florida, Department of Legal Affairs,
Office of the Attorney General for the period October 6, 2017 through September
30, 2018, to receive grant funding in the amount of $351,734 to provide victim
advocacy services; and
B) approve
budget amendment of $589 in the Public Safety Grant Fund to adjust the
budget to the actual grant award.
Summary: The VOCA FY2017/2018 grant agreement provides
funding for five Victim Advocates who assist Palm Beach County victims of crime
with advocacy services such as crisis counseling, personal advocacy, court
accompaniment, assistance with applying for Victims Compensation, information
and referral, emergency legal advocacy, and safety planning. R2006-0099 authorized the County
Administrator or designee to execute operational agreements with the State of
Florida, Office of the Attorney General, Bureau of Advocacy and Grant Management
on behalf of the Palm Beach County Board of County Commissioners. This
grant requires a 20% cash match, ($87,933.50) that is included in the FY 2018
budget. Countywide (LDC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to:
A) receive and file
Amendment #004 to contract #COHJ3 with the State of Florida, Department
of Health (FL DOH) to increase the contract amount by $4,500 to purchase pre-approved
educational materials beginning November 1, 2017, and to increase the total
not-to-exceed contract amount to $629,500 for the period February 1, 2016
through January 31, 2021.
B) approve budget amendment of $4,500 in the Public
Safety Grants Fund to adjust the budget to the actual grant award.
Summary: The Division of Victim Services has a
five-year contract (COHJ3) with FL DOH to receive grant funds to implement the
Green Dot Strategy for sexual violence prevention. This Amendment provides an
additional $4,500 of funding for the purchase of approved media and marketing
materials for use in the provider’s required annual Social Marketing
Campaign. This Amendment revises program
tasks, deliverables, performance measures, financial consequences, and method
of payments as follows: The Social Marketing Campaign Report (SMCR) must be
completed and submitted as specified for prior approval no later than December
15, 2017; failure to do so will result in a $250 reduction of the monthly
invoice. This amendment added additional
tasks to the monthly deliverables and updates the payment schedule to reflect
the additional $4,500 of funding.
R2017-0343 authorizes the County Administrator or designee to execute
future amendments with FL DOH for the Green Dot Program on behalf of the Board
of County Commissioners. Countywide (LDC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to:
A)
approve Agency Affiliation
Agreement (Agreement) with Everglades College, Inc. d/b/a Keiser University
(Everglades College) for the term January 1, 2018 through December 31, 2018,
with three automatic one-year renewal options, for its students to complete
Master’s/Doctoral Degrees required planned and supervised clinical experience
at various Youth Services Department facilities, at no cost to the County; and
B)
authorize County Administrator, or designee, to execute any future
agreements/minor amendments with Everglades College to provide clinical
supervision to students seeking training and experience in graduate programs of
psychology, social work or other related fields.
SUMMARY: The Youth Services Department’s Residential
Treatment and Family Counseling Division continues to be an authorized
Counselor training facility for many State colleges and universities offering
degrees in graduate programs of Psychology, Social Work or other related fields
of educational study. Master’s/Doctoral Degree programs require field education
experience in order to meet degree and licensing requirements. The County will
continue to offer its services and programs as a means for the students to
obtain the necessary training and experience to earn their respective degree.
There are no costs associated with this Agreement. Approval of the delegated
authority will allow the County Administrator, or designee, to execute any
future Agreement/minor amendments with Everglades College, for supervised
clinical field educational experience. Countywide (HH)
CC. SHERIFF
1. Staff recommends
motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement
from the State of Florida Department of Transportation for the Palm Beach
County Sheriff’s Office, Palm Beach County Occupant Protection Program project,
in the amount of $75,000, for the period of November 6, 2017 through September
30, 2018; and
B) approve budget amendment of $75,000, increasing the
Sheriff’s Grants fund.
SUMMARY: On November 6, 2017, the Florida Department of Transportation awarded a
grant to the Palm Beach County Sheriff’s Office in the amount of $75,000, to
support an Occupant Protection Program project in Palm Beach County. Funds will be used to support overtime costs
associated with the project. There is no
match requirement associated with this award. Countywide (LDC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Sheriff’s Office, Palm Beach County Speed and Aggressive Driving Campaign project, in the amount of $100,000, for the period of November 13, 2017 through September 30, 2018; and
B) approve budget amendment of $100,000, increasing the Sheriff’s Grants fund.
SUMMARY: On November 13, 2017, the Florida Department of Transportation awarded a
grant to the Palm Beach County Sheriff’s Office in the amount of $100,000, to
support a Speed and Aggressive Driving Campaign project in Palm Beach
County. Funds will be used to support
overtime costs associated with the project.
There is no match requirement associated with this award. Countywide (LDC)
3. Staff recommends
motion to receive and file: Modification #1 to Subgrant Agreement between
the Division of Emergency Management and the Palm Beach County Sheriff’s Office
on behalf of the Palm Beach
County Sheriff’s Office to extend the grant period from December 31,
2017 through March 31, 2018. SUMMARY: The Board of County Commissioners accepted
this grant for $236,000 on April 5, 2016 (R2016-0461). This agenda item will
extend the grant period from December 31, 2017 through March 31, 2018. Countywide
(LDC)
4. Staff recommends
motion to:
A) receive and file Modification #1 to Subgrant Agreement between the
Division of Emergency Management and the Palm Beach County Sheriff’s Office on
behalf of the Palm Beach County Sheriff’s Office to modify the budget
distribution, scope of work, and deliverables; and
B) receive
and file Modification #2 to
same Subgrant Agreement to extend the grant period from December 31, 2017
through June 30, 2018.
SUMMARY: The Board of
County Commissioners accepted this grant for $239,384 on November 1, 2016
(R2016-1611). This agenda item will modify the budget distribution, scope of
work, and deliverables through Modification #1 and extend the grant period from
December 31, 2017 through June 30, 2018 through Modification #2. Countywide (LDC)
5. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Federally-Funded Subgrant Agreement for a FY17 State Homeland
Security Grant in the amount of $374,798, for the period of October 25, 2017
through August 31, 2019; and
B) approve budget amendment in the amount of $374,798 in the Sheriff’s Grant Fund.
SUMMARY: On September 1,
2017, the Palm Beach County Sheriff’s Office (PBSO) received a FY17 State
Homeland Security Grant award from the State of Florida, Division of Emergency Management. These funds will be
used for specialty team equipment and intelligence and information sharing
initiatives. There is no match requirement
associated with this award. Countywide (LDC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
6. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a Letter of Agreement and Contract between the Palm Beach County Sheriff’s Office and the Florida Department of Transportation, for the Drug Recognition Expert Project in the amount of $3,600, for the period of November 12, 2017 through August 31, 2018; and
B) approve budget amendment of $3,600 in the Sheriff’s Grant Fund.
SUMMARY: On November 2, 2017, the Florida Department of Transportation (FDOT)
awarded a Drug Recognition Expert (DRE) grant to the Palm Beach County
Sheriff’s Office in the amount of $3,600, to support FDOT’s efforts to reduce
Driving under the Influence traffic offenses. These funds will be used to pay
overtime costs to conduct a DRE evaluation. There is no match requirement
associated with this award. Countywide (LDC)
7. Staff recommends
motion to:
A) receive and file on
behalf of the Palm Beach County Sheriff’s Office, a Second Amendment to
the Memorandum of Agreement between the Palm Beach County Sheriff’s Office and
the Early Learning Coalition of Palm Beach County in the amount of $127,310,
for the period of January 1, 2018 through December 31, 2018; and
B) approve budget amendment of $127,310 in the
Sheriff’s Grant Fund.
SUMMARY: The Board of
County Commissioners accepted this award for $81,609 on April 19, 2016 (R2016-0523).
The Board of County Commissioners (BCC) received and filed an Amendment to the
Memorandum of Agreement on January 10, 2017 which increased the award amount by
$124,814 and extended the award period from December 31, 2016 through December
31, 2017 (R2017-0112) This Second Amendment to the Memorandum of Agreement will
provide an additional $127,310 in reimbursable funding to support personnel and
equipment costs associated with investigative services provided at the
Coalition and likewise will extend the award period from December 31, 2017
through December 31, 2018. There is no match requirement associated with
this award. Countywide (LDC)
8. Staff recommends
motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office a National Institute of
Justice Award Letter for a FY 2017 DNA Capacity Enhancement and Backlog
Reduction Program Grant in the amount of $268,505 for the period January 1,
2018 through December 31, 2019; and
B)
approve budget amendment of $268,505 in the Sheriff’s Grants Fund.
SUMMARY: On November 22, 2017, the Palm Beach County
Sheriff’s Office (PBSO) received an award for the DNA Capacity Enhancement and
Backlog Reduction Program. The Forensic
Biology Unit in the Crime Laboratory of PBSO services over 28 municipalities,
the school systems and assists state and local federal agencies as needed. These funds will
be used to fund the salary and benefits of two full time Forensic Scientists,
training, travel, and contractual services that will
increase the efficiency of the crime lab. There is no match requirement
associated with this award. Countywide
(LDC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
9. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a U.S. Department of Justice, COPS Office Award Document for a
FY17 COPS Hiring Grant in the amount of $1,875,000, for the period of November
1, 2017 through October 31, 2020; and
B) approve budget amendment in the amount of $1,875,000 in the Sheriff’s Grant
Fund.
SUMMARY: On November 1,
2017, the Palm Beach County Sheriff’s Office (PBSO) received a FY17 COPS Hiring
Grant award from the U.S. Department of Justice, COPS Office. These
funds will be used to hire 15 new law enforcement deputies and to increase our
agency’s capacity to perform community policing activities to address drug
trafficking activities and violent crimes. The cash match required
for this grant will be provided through the Law Enforcement Trust Fund. Countywide
(LDC)
DD. INTERNAL AUDITOR
1. Staff recommends
motion to receive and file:
A. Audit Risk Assessment and
Work Plan for FY 2018.
SUMMARY: The County Code, Section
2-463(c), requires the County Internal Auditor to submit a risk-based audit
plan to the Internal Audit Committee prior to the beginning of each fiscal
year. The Internal Audit Committee reviewed and approved the FY 2018 risk
assessment and proposed annual audit work plan for FY 2018 at its October 11,
2017 meeting. The Committee met after
the beginning of FY 2018 due to County offices being closed on the regularly
scheduled meeting date of September 13, 2017 because of Hurricane Irma. Countywide
(DB)
EE. MEDICAL EXAMINER
1. Staff recommends
motion to approve: Contract with AXIS Forensic Toxicology,
Inc. to provide forensic toxicology testing for the period January 1, 2018
through December 31, 2020 in an amount not to exceed $975,000. SUMMARY: The AXIS Forensic
Toxicology, Inc. contract includes various drug detection panels that provide
statutorily required and necessary complex toxicology testing as economically
as possible. The costs of the comprehensive, drugs of abuse (extended),
and drugs of abuse are $210, $175, and $125 respectively. Each drug panel
involves the detection and quantitation of volatiles (alcohol) and drugs in
blood, urine and vitreous fluid from the submitted Medical Examiner case.
Additional tests for carbon monoxide, vitreous chemistry, and drugs not
included in the panel are done at the discretion of the Medical Examiner’s
Office. AXIS Forensic Toxicology, Inc. costs include the cost of the shipment
to them and return and/or destruction of specimens. The type of services
provided in the contract are exempt from the Purchasing Code. Countywide (DC)
DECEMBER 19, 2017
3. CONSENT
AGENDA APPROVAL
FF. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve: Second
Amendment to the Tri-Party Agreement (Agreement) entered into on October
7, 2014, (R2014-1544) amended December 20, 2016 (R2016-1905) by and between
Palm Beach County (County), a political subdivision of the State of Florida,
the City of Boca Raton (City), a municipal corporation, each one constituting a
public agency defined in Part I of Chapter 163, Florida Statutes and ESPN
Productions Inc. a Delaware corporation (hereinafter (ESPN). SUMMARY: ESPN, County and City entered into the
Agreement to produce an annual college football bowl game (hereinafter “Bowl
Game”) featuring teams from Conference USA, the Mid-America Conference (“MAC”)
and the American Athletic Conference (“AAC”) at Florida Atlantic University
(“FAU”) in the City of Boca Raton, Palm Beach County, Florida beginning in
December of 2014. The parties agreed to
amend the Agreement regarding the annual funding to be provided by the County
and City to a not to exceed amount of $280,000. The two types of funding are
Base Cost ($200,000) and Activities Cost ($80,000) to ESPN. Annual funding
shall be split between the City and County not to exceed $140,000 each
annually. The annual funding from the County will be provided by the TDC
Agencies, including TDC Special Projects Fund, Discover The
Palm Beaches and the Palm Beach County Sports Commission. The annual funding by the County for years
beyond the initial three years shall be funded through $50,000 transferred
from Discover’s contract to the TDC Special Projects Fund the Tourism
Promotional Fund along with an additional $50,000 from the TDC Special
Projects Fund to cover the Base Cost funding of $100,000 and $40,000 Activities
Cost funding from the Sports Commission. This event funding has been reviewed
and approved by the TDC Board. (TDC) Countywide (DW)
* * * * * * * * * * * *
DECEMBER 19, 2017
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. WATER UTILITIES
1. Staff recommends
motion to:
A) adopt
Resolution of the Board of County Commissioners, Confirming the Special
Assessment Roll for the 52nd Court North Water Main Extension
(Project); and
B) approve Work Authorization
(WA) No. 13 to Johnson-Davis Incorporated under the Water Utilities Department
(WUD) Continuing Construction Contract (Contract) (R2016-0902) in the amount of
$116,480.45.
SUMMARY: The Project will provide potable water service to
12 residential properties currently on private wells. Petitions in favor of the
installation of a potable water main were provided to WUD with a 58%
favorability rate (7 in favor, 4 not in favor and 1 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 October 12, 2016.
Individual assessments of $11,990.76 per parcel 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. WUD has
encumbered and expended a total of $287,553.07 for previous ITID assessment
projects. Each individual assessment was
determined by using parcel method to divide the assessable cost per parcel. 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 $159,876.80 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. 13 will
provide for the construction of the Project. The Contract with Johnson-Davis
Incorporated provides for SBE participation of 3.28%. WA
No. 13 includes 24.35% overall participation. The cumulative SBE
participation is 12.76% overall.
Johnson-Davis Incorporated is a Palm Beach County Company. (WUD Project
No. 17-012) District 6 (MJ)
B. FIRE RESCUE
1. Staff recommends
motion to adopt: Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, providing that the updated Florida
Fire Prevention Code shall be deemed adopted; providing for local amendments to
the Florida Fire Prevention Code; repealing and replacing Chapter 12, Article
IV, Sections 12-56 and 12-57, of the Palm Beach County Code (codifying
Ordinance 2014-042) in its entirety; providing for legislative findings;
providing for applicability; providing for repeal of laws in conflict;
providing for a savings clause; providing for severability; providing for
inclusion in the code; and providing for an effective date. SUMMARY: Pursuant to Chapter 633, Florida Statutes, every three
years the State Fire Marshal adopts an updated statewide minimum firesafety
code, known as the Florida Fire Prevention Code, in Rule Chapter 69A-60 of the
Florida Administrative Code. This updated Florida Fire Prevention Code is based
on updated Florida editions of the National Fire Protection Association’s Fire
Code (NFPA 1) and Life Safety Code (NFPA 101). The updated Palm Beach County
Local Amendments to the Florida Fire Prevention Code are recommended by staff
and/or the Fire Code Board of Appeals and Adjustments for approval by the Board
of County Commissioners. Some of the recommended changes to the local
amendments include increasing fees for plan review and inspections. The County
will enforce the updated Florida Fire Prevention Code with the updated Palm
Beach County Local Amendments adopted by this Ordinance effective December 31,
2017, or upon the State’s adoption of the updated Florida Fire Prevention Code,
or upon the date this Ordinance is filed with the Department of State,
whichever date is latest. Countywide (SB)
DECEMBER 19, 2017
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. PLANNING, ZONING & BUILDING
1. Staff recommends a motion to
adopt: Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, Repealing Ordinance
2015-028 Palm Beach County Amendments to the Florida Building Code (FBC), 2014
Edition, Chapter 1, “Administration” (FBC-Building) and Figures 1609.1 A, B and
C, Basic Wind Speed Maps (FBC-Building), and Appendix F, “Construction Building
Codes for Turf and Landscape Irrigation Systems” (FBC-Plumbing); Adopting the
Palm Beach County Amendments to the Florida Building Code (FBC), 6th Edition
(2017), Chapter 1, “Administration” (FBC-Building), and Figures 1609.3 (1),
(2), and (3), Basic Wind Speed Maps (FBC-Building), and Appendix F, “Proposed
Construction Building Codes for Turf and Landscape Irrigation Systems”
(FBC-Plumbing); Providing for Applicability; Providing for Repeal of Laws in
Conflict; Providing for Inclusion in the Code of Laws and Ordinances; Providing
for a Savings Clause; Providing for Severability; and Providing for an
Effective Date. SUMMARY: The Florida Legislature enacted Florida
Statute Section 553.73, mandating a statewide Florida Building Code (FBC),
allowing local governments to adopt their own Administrative Chapter of the
FBC. This proposed ordinance adopts an updated Chapter 1 “Administration” of
the FBC 6th Edition (2017) applicable to the unincorporated area of Palm Beach
County, and in those municipalities having an Interlocal Agreement for the
provision of County plan review and inspection services. As in past code
updates, this Administrative Chapter 1 is based upon a model developed
by the Building Officials Association of Florida (BOAF) which was further
refined by the Palm Beach County Building Code Advisory Board (BCAB) and
adapted specifically to align with Palm Beach County regulations. Figures
1609.3 (1), (2), and (3) have been renumbered pursuant to changes in the FBC 6th
Edition (2017) in accordance with Florida Statute Section 553.73, which
provides for local governments to establish specific wind speed/wind borne
debris lines using physical landmarks, whenever possible. This proposed
ordinance also repeals and re-adopts an updated FBC 6th Edition
(2017) Appendix F of the FBC-Plumbing volume regulating new irrigation systems
helping to conserve water and protect the public water supply. On December 5,
2017, the Board of County Commissioners held a preliminary reading of this
ordinance and authorized advertising for public hearing. Unincorporated (AH)
DECEMBER 19, 2017
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
D. ENGINEERING
& PUBLIC WORKS
1. Staff
recommends motion to:
A)
determine that Palm Beach
County (County) has adhered to and implemented its Five Year Road Program
(Program) based on substantial evidence that the funding for the current fiscal
year and the addition of the new fifth year are as contemplated in the
Comprehensive Plan and that fewer than 20% of the Fiscal Year 2016 construction
projects are more than 12 months behind schedule as defined in Attachment “1”;
B) approve Road Program Findings of Fact (per Article
12.M.3.B of the Unified Land Development Code) with a majority plus one affirmative vote that the delay of Lake Worth
Road/Jog Road Intersection Improvements and Old Dixie Highway, Yamato Road to
Linton Boulevard will not result in any link or intersection on the road
network operating at greater than the adopted level of service, and that no
project which was approved and phased based upon such assured construction
would be denied building permits because of the delay of construction projects;
and
C)
adopt Ordinance amending
Ordinance No. 85-40, as amended, establishing an amended Program; providing for
title; purpose; adoption of revised Program and revised list of projects
contained in Exhibit “A”; implementation of the Program; modification of
Program; funding of other roadway improvements, interpretation of exhibit;
repeal of laws in conflict; severability; inclusion in the Code of Laws and
Ordinances; and effective date.
SUMMARY: This
is the annual update of the County’s Program which is required to be considered
each year by the Program Ordinance. The Unified Land Development Code (ULDC)
requires that concurrent with the adoption of the annual Program, the Board of
County Commissioners (BCC) must determine that the appropriate Findings of Fact
associated with the Road Program have been made. Those findings have been made
and are defined in Attachment “1”. The ULDC also requires prior to the
deletion/delay of any construction project from the County’s Program, the BCC
must determine that the findings associated with the delay have been made. They
have been made, and they are defined in Attachment “2”. Exhibit “A” to the
Ordinance contains the road projects to be undertaken by the County in the next
five years and is included in Attachment “3”.
Countywide (LBH)
DECEMBER 19, 2017
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to
receive and file: Proof of publication)
E. HOUSING
AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to:
A) conduct Tax Equity & Fiscal Responsibility Act
(TEFRA) public hearing concerning the proposed issuance of one or more series
of revenue bonds (the Bonds) in an aggregate principal amount not to exceed
$1,500,000,000, including an amount not to exceed $10,000,000 with respect to
the capital facilities located in Palm Beach County, Florida, by the Michigan
Finance Authority; and
B) adopt Resolution of the Board of County
Commissioners of Palm Beach County, Florida, approving the issuance by the
Michigan Finance Authority of its revenue bonds (Trinity Health Credit Group),
in one or more series, in an aggregate principal amount not to exceed
$1,500,000,000, including an amount not to exceed $10,000,000 with respect to
capital facilities located in Palm Beach County, Florida, for the purpose,
among other things, of financing or refinancing the costs of acquisition,
construction, improvement, and equipping of health care facilities owned and
operated by Trinity Health Corporation and certain other matters relating
thereto; and providing an effective date.
SUMMARY: The not to
exceed $1,500,000,000 Bond will be issued by the Michigan Finance Housing
Authority (Authority). The bond proceeds issued by the Michigan Finance
Authority will be used to make a loan to the Trinity Health Corporation
(Corporation) to finance or refinance the costs of acquisition, construction,
improvement, and equipping of various health care facilities, including
facilities owned and operated by the Corporation at the following locations: 1)
Holy Cross West Boca Urgent Care and Imaging Center at 23071 State Road 7 in
Boca Raton and 2) Holy Cross East Boca Urgent Care and Imaging Center at 1799 South
Federal Highway in Boca Raton. The
Authority is authorized to finance facilities of a multistate health
institution, which are located both within and outside the State of Michigan as
long as the multistate health institution or its affiliate operates or manages
a health facility located within Michigan. The Authority will issue one more
series of revenue bonds, in an aggregate principal amount not to exceed
$1,500,000,000, inclusive of an amount not to exceed $10,000,000 to support
capital facilities located in Palm Beach County. The Internal Revenue Code requires that the
Michigan Finance Authority obtain approval through a public hearing of each
governing body, state or local government jurisdiction in which the financed
facilities are to be located. However,
adoption of this Resolution does not in any way obligate the County. Neither the taxing power nor the faith and
credit of the County, nor any County funds, shall be pledged to pay the
principal, premium, if any, or interest on the Bond. District 4 (JB)
DECEMBER 19, 2017
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to
receive and file: Proof of publication)
F. ADMINISTRATION
1. Staff recommends
motion to adopt: Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, establishing the “Prohibition of
Conversion Therapy on Minors Ordinance”; providing for intent; providing for a
title; providing for applicability; providing for definitions; providing for
violations; providing for penalties; providing for enforcement; providing for
repeal of laws in conflict; providing for severability; providing for inclusion
in the code of laws and ordinances; providing for captions; and providing for
an effective date. SUMMARY: The Board of County
Commissioners directed the County Attorney to draft an ordinance of countywide
application banning the practice of conversion therapy on minors. The
Prohibition of Conversion Therapy on Minors Ordinance will protect the physical
and psychological well-being of minors, including lesbian, gay, bisexual,
transgender and/or questioning (LGBTQ) youth, from exposure to the serious
harms and risks caused by conversion therapy by licensed providers. The
Ordinance excludes from the definition of “provider” members of the clergy who
are acting in their roles as pastoral counselors. To date, eight municipalities
in Palm Beach County have enacted similar ordinances, and seven of those
ordinances include fines ranging from $250 to $500 per violation. The County’s
Ordinance will be applicable within the unincorporated areas of Palm Beach
County, and in all municipalities that have not adopted an ordinance in
conflict. Countywide (HH)
* * * * * * * * * * * *
DECEMBER 19, 2017
A. HOUSING
AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to:
A) rescind Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount of $55,999.90 to Community Land Trust of Palm Beach County, Inc. (CLT) for the Davis Landings West project as approved on September 12, 2017;
B) rescind
Certificate of Award to CLT as executed by the Mayor based on delegated
authority approved on September 12, 2017;
C) approve Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in an amount not to exceed $53,062.78 to CLT for the Davis Landings West project;
D) authorize Mayor to execute a new Certificate of Award to be released to the recipient pursuant to IFAHAP Guidelines; and
E) approve
budget transfer of $2,937 in Impact Fee Assistance program – Parks Zone 2 to
adjust down the appropriated funds for CLT to the approved amount.
SUMMARY: On September 12, 2017, the Board of County Commissioners (BCC) approved a funding award of $55,999.90 to CLT under the IFAHAP in connection with the construction of 24 affordable housing units at their Davis Landings West project. IFAHAP Guidelines require the CLT to place deed restrictions on each home it sells in exchange for the receipt of funds. These deed restrictions contain the affordability requirements of the Program and bind present and future homeowners for 15 years. Since September 12, 2017, the CLT has sold four of the 24 units and continues to work with homebuyers towards the sale of other units. The sale of these four units has precluded the CLT’s ability to place the required deed restrictions on these properties when they were sold thereby requiring the reduction of the amount awarded to them. The reduction reflects the amount of IFAHAP assistance associated with these four units The new $53,062.78 amount is based on 20 units and is a “not to exceed amount”. This amount will be adjusted downward should any further sales take place before a new Certificate of Award is presented for the Mayor’s signature. According to IFAHAP requirements, all homes will be sold to households with incomes no greater than 140% of Area Median Income (AMI). The project is located at 3522 Davis Landing Circle in unincorporated Palm Beach County. These funds are from interest earned by the Impact Fee Fund. District 3 (JB)
DECEMBER 19, 2017
5. REGULAR AGENDA
A. HOUSING
AND ECONOMIC SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to adopt: Resolution of the Board
of County Commissioners of Palm Beach County, Florida, approving the issuance
by the Palm Beach County Health Facilities Authority (the Authority) of its
hospital revenue bonds in one or more series in the aggregate face amount not
to exceed $75,000,000 to provide funds for the primary purpose of making a loan
to Jupiter Medical Center, Inc., Jupiter Medical Center Foundation, Inc., and Jupiter
Medical Center Pavilion, Inc., to finance the acquisition of land and the
acquisition, construction, and installation of improvements, facilities, and
equipment with respect to the medical center’s healthcare facilitates located
at its main campus at 1210 South Old Dixie Highway, Jupiter, Florida; and to
refund obligations previously issued by the Authority to finance the
improvements to the medical center’s health care facilities; and providing an
effective date. SUMMARY: The proceeds of the Bonds will be loaned by the
Authority to Jupiter Medical Center, Inc. (JMC), Jupiter Medical Center
Foundation, Inc. and Jupiter Medical Center Pavilion, Inc., each a Florida
not-for-profit corporation. The proceeds
will be used for JMC's healthcare facilities located at its main campus at 1210
South Old Dixie Highway in Jupiter to: 1) finance the cost of land acquisition,
2) construct pediatric emergency facilities, 3) construct a 50,000 square foot
cancer research and treatment center, 4) make improvements to open-heart and
stroke treatment programs, robotics and other capital improvements, and 5)
refund obligations previously issued by the Authority to finance or refinance
improvements to JMC’s healthcare facilities.
All financed or refinanced assets will be owned and operated by JMC. Approval by an elected body is
required by the Internal Revenue Code; however, adoption of this resolution
does not in any way obligate the County. Neither the taxing power nor the
faith and credit of the County, nor any County funds, shall be pledged to pay
the principal, premium, if any, or interest on the Bonds. District 1
(DB)
3. Staff recommends motion to adopt: Resolution of the Board of County Commissioners of Palm Beach County, Florida; approving the issuance of not exceeding $17,000,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds (Village of Valor) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 2-190, Palm Beach County Code of Ordinances; approving Stifel, Nicolaus & Co., Inc. as the Underwriter for said Bonds, within the meaning of Section 2-190 of the Palm Beach County Code of Ordinances; and providing an effective date. SUMMARY: The Bonds are being issued by the Housing Finance Authority of Palm Beach County, Florida (Authority), to finance the costs of acquiring, constructing and equipping a 157 unit multifamily rental housing facility to be known as Village of Valor, to be located at the 2431, 2441, 2559 and 2650 2nd Avenue North in the cities of Lake Worth and Palm Springs. These units will be rented to qualified persons and families as required by Section 142(d) of the Internal Revenue Code of 1986, as amended (Code). 127 of these units will be rented to persons and families at 60% of area median income. The remaining 30 units will be rented at market rates. The Borrower is Village of Valor, Ltd., and the Developer is KSM Holdings Florida, LLC. The Bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower. Bryant Miller Olive P.A. is Bond Counsel and Disclosure Counsel to the Authority with respect to the Bonds, and Stifel, Nicolaus & Co., Inc. is the Underwriter with respect to the Bonds. On December 15, 2017, the Executive Director of the Authority held a public hearing with respect to the Bonds as required by Section 147(f) of the Code. The Bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower. Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, of interest on the Bonds. District 3 (DB)
DECEMBER 19, 2017
5. REGULAR AGENDA
A. HOUSING
AND ECONOMIC SUSTAINABILITY (Cont’d)
4. DELETED:
Staff recommends motion to:
A) approve State Initiatives Housing Partnership
(SHIP) Program conditional funding award of $567,500 to Berkeley Landing, Ltd.;
B) direct staff to negotiate the funding agreement; and
C) authorize County Administrator, or designee, to
execute the funding agreement, amendments thereto, and all other documents necessary
for project implementation.
SUMMARY: On October 3, 2017, (Agenda Item 5B-3) the Board of County Commissioners
(Board) approved the SHIP Fiscal Year 2017-2018 budget allocations including
funding for a Developer Rental Assistance strategy. On October 5, 2017, the
Department of Housing and Economic Sustainability (HES) issued Request for
Proposals HES.2017.2 (RFP) making $700,000 in SHIP funds available for a Local
Government Areas of Opportunity Funding (LGAOF) grant contribution to
multi-family housing developers seeking tax credits from the Florida Housing
Finance Corporation (FHFC) 9% Housing Credit Program. Per FHFC rules, the LGAOF contribution may
only be made to one project. A selection
committee consisting of four voting members met at a public meeting held on
December 6, 2017, and recommended that Berkley Landing, Ltd., an affiliate of
Wendover Housing Partners, LLC be awarded $567,500 for Berkeley Landing, a
108-unit multi-family rental project located at 3100/3124 Broadway Avenue in
Riviera Beach. The SHIP award is
contingent on FHFC approval of 9% Housing Credits for Berkeley Landing, Ltd. If
the 9% Housing Credits are not approved by FHFC, the SHIP award to Berkeley
Landing, Ltd., will be automatically cancelled and the SHIP funds will be
utilized by the County for other SHIP eligible activities. The project will construct 108 new apartment
units for elderly households with incomes no greater than 60% Area Median
Income, including no less than 14 SHIP-assisted units. The SHIP-assisted units will remain
affordable for no less than 30 years. To facilitate project implementation,
staff is requesting authorization for the County Administrator, or designee, to
execute the funding agreements and related documents. These are State SHIP Program grant funds
which do not require a local match.
District 7 (JB)
5. ADDED: Staff recommends
motion to: A) Reject Selection Committee funding recommendation under Request
for Proposals (RFP) HES.2017.2 Local Government Areas of Opportunity Funding
for the 9% Housing Credits 2017 Request for Applications (“RFP- HES.2017.2”),
and B) Cancel RFP-HES.2017.2 and
reject all proposals received thereunder. SUMMARY: On October 5, 2017, the Department of
Housing and Economic Sustainability (HES) issued RFP HES.2017.2 making $700,000
in State Housing Initiatives Partnership (SHIP) funds available for a Local
Government Areas of Opportunity Funding (LGAOF) grant contribution to multi-family
housing developers seeking tax credits from the Florida Housing Finance
Corporation (FHFC) 9% Housing Credits Program.
The LGAOF through FHFC’s Large County RFA 2017-113 is specifically for
projects located in Broward, Duval, Hillsborough, Orange, Pinellas and Palm
Beach Counties. FHFC awards 9% Housing
Credits to at least one (1) project from each county. By the submittal deadline of November 13, 2017, four (4) developers
submitted proposals in response to the RFP.
The four (4) developers include: (1) Banyan Development Group, LLC., (2) Berkeley Landing, Ltd., (3) Housing Trust
Group, and (4) Richmond Group of Florida Inc. A selection committee
consisting of four (4) voting members met at a public meeting held on December
6, 2017 and recommended that Berkeley Landing, Ltd., be awarded $567,500. Protests to the funding recommendation were
submitted by The Richman Group of Florida, Inc., and by Banyan Development
Group, LLC. The protests prompted staff
and County Attorney review of the procedures employed in the RFP evaluation and
selection. As a result, staff identified
procedural flaws in the RFP response and review
process and recommends rejection of the selection committee funding
recommendation and cancellation of the RFP and rejection of all proposals
received thereunder as being in the best interest of the County. The Board of County Commissioners (Board) has
the sole and absolute authority to reject the Selection Committee’s funding
recommendation and cancel the RFP. These are State SHIP Program grant
funds which do not require a local match. Countywide (JB)
B. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Third
Amendment to Interlocal Agreement with the South Florida Water Management
District (SFWMD) for the County’s purchase of SFWMD’s 60.6% interest in the
McMurrain Farms Property for $8,926,380. SUMMARY: The County
(39.4%) and SFWMD (60.6%) jointly own the 571 acre McMurrain Farm property in
the Ag Reserve. The property was initially purchased for interim
agricultural use with plans for SFWMD to construct an above ground reservoir as
part of SFWMD’s Agricultural Reserve Reservoir program. SFWMD has since
determined that the Ag Reserve Reservoir program is not feasible, has
terminated the program, and has declared its interest in the McMurrain Farm
property to be surplus. SFWMD desires to sell its interest in the
property to recover its investment. During the budget process, the Board
programmed $9,000,000 in funding over 3 years to acquire SFWMD’s interest in
the property. SFWMD obtained an appraisal valuing SFWMD’s interest in
property at $8,926,380. This Third Amendment provides for the County to
purchase SFWMD’s 60.6% interest in three installments of $2,975,460. The
first installment is due on January 31March 31, 2018; the second
installment on November 1, 2018 and the third installment on November 1,
2019. Upon payment of each installment, the ownership interests and rental
revenue shall be proportionately adjusted. SFWMD shall continue to manage
property until all installment payments have been paid. This item
requires a supermajority vote (5 Commissioners) for approval. (PREM) District 5 (HJF)
DECEMBER 19, 2017
5. REGULAR AGENDA
C. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to:
A) adopt Resolution approving a Joint Participation Agreement
(JPA) with the State of Florida Department of Transportation (FDOT) for the
FDOT mitigation project (Project) within the Loxahatchee Slough, Pond Cypress
and Pine Glades Natural Areas in association with the extension of SR-7 from
Okeechobee Blvd. northward to Northlake Blvd (SR-7 Extension);
B) adopt Resolution authorizing the Mayor to request
the FDOT to convey surplus property to be utilized for the public purpose of
providing environmental mitigation for the Everglades Snail Kite resulting from
impacts associated with the SR-7 Extension;
C) approve Memorandum of Agreement (MOA) with the FDOT
to establish that the County shall provide mitigation and maintenance services
to fulfill the mitigation commitments associated with construction of the SR-7
Extension and for the FDOT to compensate for these services as provided in the
JPA;
D) approve JPA with the FDOT
for an amount not to exceed $5,385,788 to be disbursed in three reimbursement
payments over approximately three years for specific deliverables set forth in
the JPA. The payments reimburse for staff time and land acquisition and
management costs for maintaining mitigation areas in the Loxahatchee Slough,
Pond Cypress, and Pine Glades Natural Areas consistent with the management
practices of the Natural Areas Program and in accordance with the State and
Federal permits for the SR-7 Extension;
E) approve budget amendment of $2,000,000 which
includes $1,550,000 for land management and $450,000 for land acquisition costs
in FY 2018 in the Environmental Resources Natural Areas Fund (Fund 1226) to
recognize the revenues from the FDOT through the JPA in FY2018; and
F) authorize County
Administrator, or designee, to sign all future time extensions, task
assignments, certifications and other documents associated with the MOA or JPA
and any necessary minor amendments to the documents that do not substantially
change the scope of work or terms and conditions of the MOA or JPA.
SUMMARY: The
MOA and JPA provide the necessary funding to implement the land acquisition and
management activities listed in the Scope of Services of the JPA. These
activities will maintain an area of the Loxahatchee Slough and Pond Cypress
Natural Areas in the vicinity of the existing SR-7 right-of-way alignment, as
well as provide mitigation in the Pine Glades Natural Area for wetland impacts
from the SR-7 Extension. The mitigation
and maintenance associated with the JPA constitute another perpetual obligation
for the Natural Areas Program. FDOT funding reimburses staff costs for exotic
vegetation and animal control, prescribed fire regimens, vegetation monitoring,
and site security relative to the mitigation areas in perpetuity. There are no matching requirements. All
anticipated costs associated with the FDOT mitigation work will be the
responsibility of FDOT. Districts 1
& 6 (AH)
DECEMBER 19, 2017
5. REGULAR AGENDA
D. ADMINISTRATION TIME CERTAIN 2:00PM
1. Staff recommends
motion to:
REVISED:
(A) Receive and file the Palm Beach County
Disparity Study Revised Final Draft Report and Recommendations of Mason Tillman
Associates, Ltd. (MTA):
(B) Defer taking any further action until the Summary Memorandum/Review of
the Palm Beach County Disparity Study by Franklin M. Lee of Tydings &
Rosenberg, LLP. has been adequately reviewed;
and
(C) Direct staff to extend MTA Contract period for an additional ninety
(90) days from the expiration date of existing contract with potential travel
related expenses required by the County.
(A) accept the Palm Beach County
Disparity Study Revised Final Draft Report and recommendations of Mason Tillman
Associates, Ltd. (MTA);
(B) Accept the summary memorandum outlining the findings from the
critical review of the disparity study methodology, data sources, findings and
recommendations prepared by Franklin Lee of Tydings & Rosenberg, LLP and
(C) direct staff on whether to
commence development and implementation of a Minority/Women Business Enterprise
(M/WBE) program with Franklin Lee of Tydings & Rosenberg, LLP.
SUMMARY:
Palm Beach County entered
into a contract with MTA on October 21, 2014 for a disparity study to assess
whether there is disparity in the utilization of M/WBE in contracting in the
areas of construction, professional services and goods and services. MTA
has completed the study and has submitted the final report Revised
Final Draft Report for review and consideration by the Board of County
Commissioners. MTA recommends that Palm Beach County implement both race
and gender- neutral remedies well as race and gender-conscious remedies that
will address the disparity identified in the study. MTA also recommends that
the County continue its Small Business Enterprise Program. Staff is
requesting the BCC not take any further action regarding the results of the
Disparity Study until Franklin M. Lee, Esq., completes and submit his review of
the Disparity Study. It is anticipated this item will be submitted to the
BCC in January 2018. Due to the fact MTA contract terminates on 12/31/2017
it will be necessary to extend the contract by a maximum of ninety (90) days to
ensure contractual services are extended through the presentation of Franklin
Lee. This will commit the consultant to remain available throughout the study
period. Countywide (HH)
* * * * * * * * * *
* *
DECEMBER 19, 2017
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 19, 2017
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
DECEMBER 19, 2017
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
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, MAYOR
G. District
7 – COMMISSIONER MACK BERNARD, VICE MAYOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."