April 10, 2018 @ 9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
APRIL 10, 2018
PAGE ITEM
8 2C-11 ADD-ON:
Proclamation declaring April 2018 as Dr. Martin Luther King Jr. Memorial Month
in Palm Beach County (Sponsored by Commissioner Burdick)
8 2C-12 ADD-ON:
Proclamation declaring April 2018 as National County Government Month in Palm
Beach County (Sponsored by Mayor McKinlay)
8 2C-13 ADD-ON: Proclamation
declaring April 8-14, 2018 as National Library Week in Palm Beach County
(Sponsored by Commissioner Abrams)
29 3I-2 REVISED SUMMARY:… . Amendment 001 with Neighborhood Renaissance,
Inc. (NRI), amends the Loan Agreement which provides up to $4,500,000 in NSP2
SHIP funds for the construction of 36 rental units. These executed documents are now being submitted to the BCC to receive and file….
47 3U-2 REVISED MOTION
AND SUMMARY: Staff recommends motion to approve: A) Addendum Agreement FL17-1861-02 -03 to
Pricing Schedule Agreement, FL10-1778-00 for AT&T Switched
Ethernet Service, R-2010-0666 required to provide improved service
offerings from AT&T to allow for the continued upgrade of the County’s
NG911 network; and, B) Special Service Arrangement Agreement (SSA) FL17-1424-03
-04 with AT&T for enhanced E911 transport equipment to allow
for the continued upgrade of the County’s NG911 network. SUMMARY:
These agreements will allow County Public Safety, 911 Division, to continue to
modernize and enhance the E911 network to serve the citizens of Palm Beach
County. The Addendum Agreement (FL17-1861-02 -03) will allow the
County to move certain E911 circuits to AT&T due to the elimination of this
circuit offering by the current provider, State of Florida MyFlordaNetwork (MFN).
The Special Service Arrangement Agreement (FY17-1424-03 -04) will
allow the County to complete the service re-engineering plan for the E911
network under a single service provider. Together, these agreements and
the service reconfiguration could potentially save over $500,000 per year in
911 service costs…. (ISS)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 10, 2018
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS/BCC AND STAFF COMMENTS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 8)
D. Staff
Comments (Page 9)
E. Commissioner
Comments (Page 10)
3. CONSENT AGENDA (Pages 11-53)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 54-55)
5. REGULAR AGENDA (Pages 56-62)
6. BOARD APPOINTMENTS (Page 63)
7. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
64)
8. ADJOURNMENT (Page 65)
* * * * * * * * * * *
APRIL 10, 2018
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2C-1 Drowning Prevention Awareness Month
2C-2 Second Chance Month
2C-3 Certificate of Congratulations to Jazzman
Lezama
2C-4 National Corrections Officers and Employees
Week
2C-5 Water Conservation Month
2C-6 Palm Beach County Small Business Week
2C-7 Palm Beach County Sheriff’s Office Volunteer
Day
2C-8 Fair Housing Month
2C-9 National Teen Pregnancy Prevention Month
2C-10 Florida Water Professionals Month
2C-11 Dr. Martin Luther King Jr. Memorial Month
2C-12 National County
Government Month
2C-13 National Library Week
2D. STAFF COMMENTS
Page 9
2E. COMMISSIONER COMMENTS
Page 10
CONSENT AGENDA
A. ADMINISTRATION
Page 11
3A-1 Appointment
to Water Resources Task Force
3A-2 12th
Annual Palm Beach Partners Business Matchmaker Conference & Expo
Page 12
3A-3 Certificate
regarding matching funds for 2018 election activities
B. CLERK & COMPTROLLER
Page 12
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.
3B-5 Destruction
request for records meeting State retention schedule
C. ENGINEERING & PUBLIC WORKS
Page 13
3C-1 Contract
with R.J. Behar & Company, Inc. for Overhead Flashing School Zone project
3C-2 Amendment to contract with Electrical Design
Associates, Inc. extending the contract expiration date by one year
3C-3 Receive and file amendment and supplement
agreement with the Florida Department of Transportation
Page 14
3C-4 Resolution approving a County Incentive Grant
Program agreement with the Florida Department of Transportation for the design
of intersection improvements
3C-5 Contract with Engecon Construction, Inc. for
construction of bridges at Sandalfood Blvd and State Road 7 and at SW 3rd
Street and State Road 7
3C-6 Release and termination of rights allowing
Community Land Trust to provide clear titles on land being used for affordable
housing
3C-7 Interlocal agreement with the City of West
Palm Beach for utility adjustments related to the Australian Avenue and Palm
Beach Lakes Boulevard project
Page 15
3C-8 Interlocal agreement with the City of Boynton
Beach related to aquatic management services in the Lake Shore Haven and Lake
Eden Plat Four project
D. COUNTY ATTORNEY
Page 15
3D-1 Dissolution
of the Palm Beach County Public Building Corporation, Inc
APRIL 10, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 15
3E-1 Appointments
to the Homeless Advisory Board
Page 16
3E-2 Appointment
to the Community Action Advisory Board
3E-3 Receive
and file Notice of Award Grant from the U.S. Department of Health and Human
Services to continue improvement health outcomes for clients with HIV/AIDS
3E-4 Restructuring
of seats on the Palm Beach County HIV Comprehensive AIDS Resources Emergency
Council
Page 17
3E-5 Contract
with AIDS Healthcare Foundation, Inc. for provision of improving health
outcomes for persons living with HIV Spectrum Disease
3E-6 Resolution
amending minimum number of meetings for the Community Action Advisory Board
F. AIRPORTS
Page 18
3F-1 License
agreement with Airport Terminal Services, Inc. to place self-service kiosks in
the terminal
3F-2 Voluntary
termination agreement with Platinum Aviation Holdings, LLC
3F-3 Amendment
to contract with The Morganti Group, Inc. for security improvements at PBIA
3F-4 Resolution
with the Florida Department of Transportation for security improvements at Palm
Beach County Park airport
Page 19
3F-5 Amendment
to contract with The Morganti Group, Inc. for terminal improvements at PBIA
3F-6 Amendment
to contract with The Morganti Group, Inc. for concourse and lobby furniture at
PBIA
Page 20
3F-7 Amendment
to contract with The Morganti Group, Inc. for access roadway and utility
project at PBIA
Page 21
3F-8 Amendment
to agreement with CH2M Hill, Inc. related to the Capital Improvement Program at
PBIA
Page 22
3F-9 Other
Transaction Agreement with the United States of America, through the
Transportation Security Administration for use of security checkpoint areas at
PBIA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 22
3G-1 Negotiated
settlement offer with George S. Tolmie for Code Enforcement Lien satisfaction
3G-2 Negotiated settlement offer with Realtyfire
Investments WPB 11512, LLC for Code Enforcement Lien satisfaction
Page 23
3G-3 Negotiated settlement offer with John D.
Gwynn for Code Enforcement Lien satisfaction
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 23
3H-1 Receive
and file amendments to Interlocal agreements with six municipalities related to
the Homeless Resource Center
Page 24
3H-2 Receive
and file Standard License Agreements for Use for senior centers
3H-3 Amendment to contract with Robling
Architecture Construction, Inc. for the Osprey Point Golf Course New Café
Page 25
3H-4 Annual contracts with six companies for
painting and weatherproofing projects
3H-5 Annual contracts with ten companies for
demolition projects
APRIL 10, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 26
3H-6 Amendment to interlocal agreement with the
Solid Waste Authority of Palm Beach for interoperable radio communications
3H-7 Amendment to interlocal agreement with the
Town of Jupiter for interoperable radio communications
3H-8 Amendment to Interlocal agreement with the
City of Miramar for interoperable radio communications
Page 27
3H-9 Declaration of easement for Fire Station No.
57 within the Boca Lago PUD
3H-10 Extension of lease agreement with Theodore W.
Winsberg and Gertrude K. Winsberg for the Green Cay Wetlands Water Reclamation
project
3H-11 Utility easement granted to the City of Lake
Worth for John Prince Park
Page 28
3H-12 Unity of Title unifying County and State
property within the Morikami Park
3H-13 Standard license agreement with Thalle
Construction Company, Inc. granting a temporary staging area during
construction within Paul Rardin Park
3H-14 Receive and file lease extension for Bedner
Farm, Inc.
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 29
3I-1 Purchase Agreement for Tax Credits with the
State of Florida’s Voluntary Cleanup Tax Credit Program to support cleanup and
redevelopment of designated Brownfield sites
3I-2 Receive and file Certificate of Award for
Developer Affordable For-Sale Housing Units to Community Land Trust of Palm
Beach County
Page 30
3I-3 Receive and file documents executed in
connection with loans made to businesses under the Housing and Urban
Development Section 108 Loan Program
Page 31
3I-4 Receive and file documents executed in
connection with loans made to businesses under the Housing and Urban
Development Section 108 Loan Program
Page 32
3I-5 Receive and file documents executed in
connection with loans made to businesses under the Housing and Urban
Development Section 108 Loan Program
Page 33
3I-6 Receive and file documents executed in
connection with loans made to businesses under the Housing and Urban
Development Section 108 Loan Program
Page 34
3I-7 Receive and file documents executed in
connection with loans made to businesses under the Housing and Urban
Development Section 108 Loan Program
Page 35
3I-8 Receive and file documents executed in
connection with loans made to businesses under the Housing and Urban
Development Section 108 Loan Program
Page 36
3I-9 Certification by State or Local Official of
PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan for
the Pahokee Housing Authority
J. PLANNING, ZONING & BUILDING
Page 36
3J-1 Resolution
granting tax exemption to a historic property located in Delray Beach
Page 37
3J-2 Resolution
granting tax exemption to three historic properties located in West Palm Beach
APRIL 10, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES
Page 38
3K-1 Contract
with Hinterland Group, Inc. for Lift Station Rehabilitation project
3K-2 Amendment to contract with Mock, Roos &
Associates, Inc. providing consulting for the Lift Station Rehabilitation
project
3K-3 Encroachment agreement with Florida Gas
Transmission Company LLC for water main installation
Page 39
3K-4 Change order with R.J. Sullivan Corp. for
Anion Exchange System project at Water Treatment Plant 8
3K-5 Work authorization with Hinterland Group
Inc. lift station improvements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 40
3L-1 Florida
Department of Environmental Protection Office of Greenways and Trails
Application for the Hungryland Slough Natural Area
3L-2 Interlocal
agreement with the Town of Lantana for construction of mangrove planters at
Lyman Kayak Park
Page 41
3L-3 Termination
of State Financial Assistance Recipient Agreement with the Florida Department
of Agriculture and Consumer Services for mosquito control activities
3L-4 Purchase
order from the Department of Health providing domestic mosquito control
services to mitigate the spread of the Zika virus
M. PARKS & RECREATION
Page 42
3M-1 Receive and file executed Independent
Contract Agreement with the Palm Beach County Officials Association
3M-2 Receive and file executed Amphitheater Rental
Agreement with Grand Slam Events
3M-3 Receive and file four executed Entertainment Contractor
Agreements
Page 43
3M-4 Boat slip lease and service agreement with
Seven Kings Management, Inc.
3M-5 Project Cooperation Agreement with O.B.
Pioneer Park, LLC for construction of an Orange Bowl Field at Glades Pioneer
Park
N. LIBRARY
Page 44
3N-1 Agreement
with the Palm Beach County School Board to implement the Summer Food Services
Program
3N-2 Agreement
with the Palm Beach County School Board to increase adult literacy learners’
access to resources and instructors
R. HUMAN RESOURCES
Page 45
3R-1 Contract
with NMS Management Services, Inc. for provision of drug and alcohol testing
services
S. FIRE RESCUE
Page 45
3S-1 Receive
and file executed Interlocal Agreements for swimming lessons
3S-2 Receive
and file executed Independent Contractor Agreement for swimming lessons
Page 46
3S-3 Ratify FY 2017 Fire Prevention and Safety
grant application for purchase and distribution of smoke and carbon monoxide
alarms
APRIL 10, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
U. INFORMATION SYSTEMS SERVICES
Page 46
3U-1 Task
order with BAE Systems Inc. to provide GPS coordinates on infrastructure for
Palm Beach County Water Utilities
Page 47
3U-2 Addendum
agreement with AT&T Switched Ethernet Services allowing for the continued
upgrade of the County’s NG911 network
3U-3 Management
Control Agreement with the State Attorney’s Office for Criminal Justice
Information Systems Security Policy
X. PUBLIC SAFETY
Page 48
3X-1 Criminal
History Record User Agreement and Agency Contact Form with the Florida Department
of Law Enforcement for criminal history background checks
Page 49
3X-2 Grant
adjustment notices with the US Department of Justice for administrative filing
and approvals
3X-3 Receive
and file term purchase order from the Florida Department of Corrections for
contractual reentry services
3X-4 Receive
and file Grants Unit Change Request with the Florida Department of Health
Emergency Medical Services expanding EMS systems
Page 50
3X-5 Contract
with The Lord’s Place, Inc. providing transitional housing services for the
Family Drug Court/Dependency participants
Z. RISK MANAGEMENT
Page 50
3Z-1 Ratify
signature on Memorandum of Understanding for Driver’s License and/or Motor
Vehicle Record Data Exchange
AA. PALM TRAN
Page 51
3AA-1 Submittal of the Fiscal Year 2018
Certifications and Assurances to the Federal Transit Administration
3AA-2 Amendment to contract with Fisher &
Phillips, LLC for collective bargaining agreement services
CC. SHERIFF
Page 52
3CC-1 Receive and file amendment to Interlocal
agreement with the Port of Palm Beach providing grant funds for the Port
Security Program
3CC-2 Receive and file grant modification with the
Office of National Drug Control Policy for the Palm Beach County Narcotics Task
Force
3CC-3 Acceptance of a High Intensity Drug Trafficking
Area Program grant for expenses related to the Palm Beach County Narcotics Task
Force
Page 53
3CC-4 Grant Award for the FY 2018 Statewide Criminal
Analysis Laboratory System Project
3CC-5 Budget amendment recognizing federal allocation
from US Department of Homeland Security/FEMA for law enforcement personnel
costs for protection activities
DD. WESTGATE/BELVEDERE HOMES COMMUNITY
REDEVELOPMENT AGENCY
Page 53
3DD-1 Resolution endorsing the Local Initiatives
Program grant funding for the improvements along the Westgate Avenue Corridor
3DD-2 Resolution endorsing the Transportation
Alternatives Program grant funding for improvements in the Belvedere Heights
neighborhood
APRIL 10, 2018
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
A. HOUSING AND
ECONOMIC SUSTAINABILITY
Page 54
4A-1 Application of Tuscan Gardens of Delray
Beach Properties, LLC for issuance of revenue bonds
B. PALM TRAN
Page 55
4B-1 Filing of Federal Transit Administration
grant Application
REGULAR AGENDA
A. ADMINISTRATION
Page 56
5A-1 Interlocal
agreement with the City of West Palm Beach and the School Board of Palm Beach
County reducing paperwork required for Small and/or Minority/Women-Owned
Business Enterprises
5A-2 Amendment to Interlocal Agreement with the Palm
Beach Metropolitan Planning Organization d/b/a Palm Beach Transportation
Planning Agency for annual extension of staff and services
B.
PLANNING, ZONING & BUILDING
Page 56
5B-1 Addition of four positions to the
Contractors Certification Division to focus on State Contractors registration
and unlicensed contractors
C.
HOUSING AND ECONOMIC SUSTAINABILITY
Page 57
5C-1 Acquisition
of parcels in the Brooks Subdivision site for development of affordable housing
Page 58
5C-2 Resolution
recommending approval of Project Zeus 2 as a Qualified Target Industry
Page 59
5C-3 Resolution
recognizing the need for and creation of affordable housing
5C-4 Resolution
modifying financing fees for Industrial Development Bonds
Page 60
5C-5 Resolution
authorizing Palm Beach County to enter into a Controlling Entity Agreement with
the Bank of Belle Glade and CIDC-Palm Beach County Community Development Entity
LLC
Page 61
5C-6 Resolution
approving the amended Local Housing Assistance Plans for FY 2013-2016 and
2016-2019
D.
FACILITIES DEVELOPMENT & OPERATIONS
Page 62
5D-1 Acquisition
of land in western Delray Beach for construction of Fire Rescue Station
BOARD
APPOINTMENTS (Page 63)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 64)
ADJOURNMENT (Page 65)
APRIL 10, 2018
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation
declaring April 2018 as Drowning Prevention Awareness Month in Palm Beach
County (Sponsored by Vice Mayor Bernard)
2. Proclamation
declaring April 2018 as Second Chance Month in Palm Beach County (Sponsored by
Commissioner Kerner)
3. Certificate
of Congratulations to Jazzman Lezama on being honored as a Youth Ambassador by
the Florida Department of Juvenile Justice (Sponsored by Vice Mayor Bernard)
4. Proclamation
declaring May 6-12, 2018 as National Correctional Officers and Employees Week
in Palm Beach County (Sponsored by Commissioner Kerner)
5. Proclamation
declaring April 2018 as Water Conservation Month in Palm Beach County
(Sponsored by Mayor McKinlay)
6. Proclamation
declaring April 29-May 5, 2018 as Palm Beach County Small Business Week in Palm
Beach County (Sponsored by Commissioner Valeche)
7. Proclamation
declaring April 18, 2018 as Palm Beach County Sheriff’s Office Volunteer Day in
Palm Beach County (Sponsored by Mayor McKinlay)
8. Proclamation
declaring April 2018 as Fair Housing Month in Palm Beach County (Sponsored by
Commissioner Berger)
9. Proclamation
declaring May 2018 as National Teen Pregnancy Prevention Month in Palm Beach
County (Sponsored by Commissioner Burdick)
10. Proclamation
declaring April 2018 as Florida Water Professionals Month in Palm Beach County
(Sponsored by Commissioner Berger)
11. ADD-ON:
Proclamation declaring April 2018 as Dr. Martin Luther King Jr. Memorial Month
in Palm Beach County (Sponsored by Commissioner Burdick)
12. ADD-ON:
Proclamation declaring April 2018 as National County Government Month in Palm
Beach County (Sponsored by Mayor McKinlay)
13. ADD-ON: Proclamation
declaring April 8-14, 2018 as National Library Week in Palm Beach County
(Sponsored by Commissioner Abrams)
* * * * * * * * * * * *
APRIL 10, 2018
2D. STAFF COMMENTS
1. ADMINISTRATION
COMMENTS
2. COUNTY
ATTORNEY
APRIL 10, 2018
District 1 – COMMISSIONER HAL R. VALECHE
District 2 – COMMISSIONER PAULETTE BURDICK
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER STEVEN L. ABRAMS
District 5 - COMMISSIONER MARY LOU BERGER
1. Request
for off-site presentation of Proclamation declaring April 18, 2018 as Business
Ethics Day in Palm Beach County
District 6 - COMMISSIONER MELISSA MCKINLAY,
MAYOR
1. Request
for off-site presentation of Proclamation declaring April 13, 2018 as MV Grand
Classica Day in Palm Beach County
District 7 – COMMISSIONER MACK BERNARD, VICE
MAYOR
APRIL 10, 2018
A. ADMINISTRATION
1. Staff recommends
motion to approve: League
of Cities appointment to the Water Resources Task Force (WRTF) for the
remainder of a full three year term commencing April 10, 2018 and ending
September 30, 2018.
Seat No. Appointment Seat
Requirement Seat Representative
Term Ending
6
Don
Magruder
Alternate League
of Cities
09/30/18
SUMMARY: The
Water Resources Task Force is comprised of 14 members: six City elected
officials; one County Commissioner; one special independent district water
and/or wastewater provider or utility water or wastewater provider representative;
one Lake Worth Drainage District representative; one drainage/water control
district representative; one South Florida Water Management District Governing
Board member; one environmental representative; one land owner actively farming
to represent agricultural interests; and one Indian Trail Improvement District
(ITID) representative. The resolution also requires designated alternates for
each seat. The alternate member for this League of Cities seat has been open
for a while due to a resignation. This slot is a League of Cities selection.
The League of Cities appointee for the Seat 6 alternate is for the remainder of
the current three-year term ending September 30, 2018. There are currently 13
members (the ITID member slot remains unfilled at this time) and seven
alternate members on the WRTF with a diversity count of Caucasian: 19 (95%),
African-American: 1 (5%). The gender ratio (female:male) is 6:14. The proposed
League of Cities alternate member appointee is a Caucasian male. (MJ)
2. Staff recommends
motion to approve: payment in an
amount not to exceed $9,000 for participation in the 12th Annual
Palm Beach Partners Business Matchmaker Conference & Expo to be held on
September 21, 2018, in the Kravis Center Cohen Pavilion. SUMMARY:
The Palm Beach County
Office of Small Business Assistance, Department of Airports, and Palm Tran are
participating with the City of Riviera Beach, the School District of Palm Beach
County, the City of West Palm Beach, the Center for Technology, Enterprise
& Development, Inc. (TED Center), Paragon Florida, Inc., and the Solid
Waste Authority (SWA) to present the 2018 Business Matchmaker Conference &
Expo (a statewide conference). This is the 12th Annual
Matchmaker Conference & Expo held in Palm Beach County, and Palm Beach
County will contribute a total of $9,000 with the County’s contribution broken
down as follows: the Office of Small Business Assistance – $3,000,
Department of Airports – $3,000, and Palm Tran – $3,000. Payment will be
made on or before May 4, 2018, to the Center for Technology Enterprise and
Development, Inc., the fiscal agent for the conference. The conference
and expo will provide Small Business Enterprise owners an opportunity to
collaborate with larger businesses in an effort to increase business
opportunities and knowledge of programs offered by the above listed
governmental and non-profit partners. Countywide (HH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends motion to authorize: Mayor to sign the Certificate Regarding Matching Funds certifying that the Board of County Commissioners will provide matching funds in the amount of $21,020.93 for the Supervisor of Elections’ Federal Election Activities grant for FY 2018. SUMMARY: The 2017 Florida Legislature appropriated funds specifically for federal election activities. These funds are distributed to the Supervisors of Elections (SOE) pursuant to a formula based on active registered voters in each county. Palm Beach County’s share of the State funding is $140,139.56. The County is required to provide a 15% match of $21,020.93 which is included in the SOE’s FY 2018 budget. Countywide (DN)
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:
Meeting
Type Meeting
Date
Zoning January
25, 2018
Workshop January 30, 2018
Comprehensive Plan January
31, 2018
Zoning February
22, 2018
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
January 2017. Countywide
5. Staff recommends
motion to receive and file: list of
Clerk & Comptroller (Clerk) Finance Department records which have met the
revised required State retention schedule and are scheduled for destruction. SUMMARY: These records have met the
required retention schedule of the Florida Division of Library and Information
Services (§28.30, §28.31, §257.36 (6))
APRIL
10, 2018
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: contract with R.J. Behar & Company, Inc. (RJB),
in the amount of $89,814.76 for professional construction engineering and
inspection (CEI) services for the construction phase of the Overhead Flashing
School Zone Signs project. SUMMARY: Approval of this contract will provide the professional CEI services necessary for
the construction phase of the overhead flashing school zone signs at five
school locations throughout Palm Beach County (County). The schools are West
Riviera Elementary, Lincoln Elementary, Roosevelt Elementary, Palm Springs
Middle and Hidden Oaks Elementary. The Small Business Enterprise (SBE) goal for
all contracts is 15%. The SBE participation committed to by RJB at the time
they were selected for this project was 0% overall. However, the SBE
participation RJB is now proposing for this contract is 11.20%. RJB is based in Broward County with an office
located in Palm Beach County. Districts
2, 3 & 7 (LBH)
2. Staff recommends
motion to approve: the second amendment to the annual street lighting
design contract with Electrical Design Associates, Inc., (EDA) R2016-0603,
dated May 17, 2016, to extend the contract expiration date from May 16, 2018 to
May 16, 2019, modify the fee schedule, and allow for other amendments to the
contract. SUMMARY: Approval of this second amendment will extend
the expiration date of the annual street lighting design contract with EDA from
May 16, 2018 to May 16, 2019; adjust their hourly rates as allowed in the
original contract; amend
“Section 5.2. Payments”; and add “Section 21 – Chapter 119, F.S. Public
Records” and “Section 22 – Additional Reporting” to the original contract per
Palm Beach County (County) requirements.
To date, tasks in the amount of
$25,602.64 have been authorized for EDA with 100% Small Business Enterprise
(SBE) participation which meets their commitment of 100%. EDA is a County based company and is a
certified SBE company. This is the
second of two allowable renewals under this contract. After this renewal, the contract will need to
be re-solicited. Countywide (LBH)
3. Staff recommends
motion to receive and file:
A) Amendment Number Two to the County Incentive Grant Program (CIGP)
agreement, R2013-1291, with the Florida Department of Transportation (FDOT)
extending the expiration date of the CIGP agreement for the Congress Avenue
Extension from Northlake Boulevard to Alt A-1-A project from December 31, 2017
to June 30, 2018; and
B) Supplemental Agreement Number One to the Local Agency Program (LAP)
agreement, R2016-0023, with FDOT extending the expiration date of the LAP
agreement for the Canal Point Pedestrian Bridge Over the L-10 Canal project
from December 31, 2017 to June 30, 2018.
SUMMARY:
These agreements are being submitted to the Clerk and Comptroller of
Palm Beach County in accordance with Countywide PPM CW-O-051. The Deputy County
Engineer approved the CIGP Amendment Number Two on November 7, 2017 and the LAP
Supplemental Agreement Number One on November 9, 2017. These approvals are authorized by resolution
R2012-0035 and the County Administrator’s delegation letters. Districts 1
& 6 (LBH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to:
A)
adopt resolution to approve a County Incentive
Grant Program (CIGP) agreement with the State of Florida Department of
Transportation (FDOT) that allows the County to receive up to $110,000 toward
the design of the SR-7 at Weisman Way Intersection Improvements project
(Project); and
B)
approve budget amendment of
$110,000 in the Road Impact Fee Fund – Zone 3 Fund to recognize the CIGP
agreement with FDOT and appropriate the funds to the project.
SUMMARY: Adoption of the Resolution to approve this
Agreement will allow Palm Beach County (County) to receive a grant of up to
$110,000 (50/50 matching funds) toward the project which has a current
estimated design cost of $220,000. The
County will be responsible for all costs above this grant amount. District 6 (LBH)
5. Staff recommends
motion to approve: contract with Engecon Construction, Inc. (ECI) in
the amount of $4,413,458.07 for the construction of bridges at Sandalfoot
Boulevard and State Road 7, and at SW 3rd Street and State Road 7
(Project). SUMMARY: Approval of
this contract will allow Palm Beach County to issue a notice to proceed to ECI,
a Palm Beach County based company, to begin construction of the project. The
project includes all work necessary to
remove the existing bridges and construct the new bridges, drainage and traffic
signals. The Small Business Enterprise (SBE) goal for all projects is 15%. The
lowest responsive, responsible bidder, ECI, committed to 23.2% SBE
participation. District 5 (LBH)
6. Staff recommends
motion to approve: release and
termination of rights of reverter (Release) to remove a reverter clause
contained in five Palm Beach County (County) deeds given to Community Land
Trust of Palm Beach County, Inc. (CLT) for surplus lands along Kirk Road. SUMMARY: As requested by the County’s
Housing Finance Authority, the Release will allow CLT to provide clear title to
future purchasers by removing the reverter clause contained in the deeds from
the County now that land is being used for affordable housing. District
3 (LBH)
7. Staff recommends
motion to approve:
A) interlocal agreement with the City of West
Palm Beach (City) in the amount of $1,003,252.80
for water main and force main utility adjustments as part of the Australian
Avenue and Palm Beach Lakes Boulevard project; and
B) budget amendment of $1,003,253 in the Road
impact Fee fund – Zone 2 to recognize reimbursement funding from the City and
appropriate it to the project.
SUMMARY: Approval of this agreement will allow Palm Beach County (County) and the City to jointly participate in
construction of utility adjustments as part of the roadway project. The City
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 City for the utility improvements to be incorporated into the
County’s construction of the project. District 7 (LBH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to approve: interlocal agreement with the City of Boynton Beach
(City) to allow the City to use Palm Beach County’s (County) Municipal Service
Taxing Unit (MSTU) program to assess benefitting property owners for the cost
of aquatic management services to clean up the private canals in Lake Shore
Haven and Lake Eden Plat Four (Project).
SUMMARY: Approval of the agreement will allow the City
to use the County’s MSTU program (County Code, Chapter 26 – Special Districts,
Article II, Municipal Service Taxing Unit), to establish an assessment on the
benefitting property owners for the cost of the project. The City requested the County facilitate an
assessment process for monthly aquatic management services including algae,
border grass and invasive exotic plant control for 10 years. The City will
prepare the scope of services and specifications and will oversee all aspects
of the project at the City’s cost. The City will also reimburse the County a
maximum of $5,000 for administration of the MSTU program. District 4 (LBH)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: filing of articles of dissolution for the Palm Beach County Public Building Corporation, Inc. (Corporation) a Florida non-profit corporation with Federal I.D. Number 32-0289969. SUMMARY: The Corporation was created in 1981 for the purpose of structuring certain bond transactions. Bonds are no longer processed in the same manner and the Corporation is no longer utilized for any transactions. By dissolving the Corporation, the County will no longer be paying annual fees to maintain the Corporation active with the Division of Corporations. Countywide (DB)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: appointments
to the Homeless Advisory Board, effective April 10, 2018:
Seat No |
Appointment |
Seat Requirement |
Nominated By |
Term Ending |
5 |
Anne Gerwig |
Palm Beach County League
of Cities Representative |
Palm Beach County League
of Cities |
09/30/19 |
7 |
Sally Chester |
Homeless Coalition of
Palm Beach County Representative |
Homeless Coalition of
Palm Beach County |
09/30/20 |
9 |
Kelly Smallridge |
Business Community Representative |
Economic Development
Council |
09/30/20 |
SUMMARY: On
May 1, 2007, the Board of County Commissioners established the Homeless
Advisory Board (HAB) to implement the Ten-Year Plan to End Homelessness in Palm
Beach County. The total membership for the HAB shall be no more than 14
at-large members, per Resolution No. R2016-0038, comprised of members
representing government, business, providers, law enforcement, advocates,
education, faith-based and the formerly homeless. Members representing the Palm
Beach County Continuum of Care and the homeless community are essential to the
work of this board. Ms. Anne Gerwig has disclosed that she is employed by Alan
Gerwig & Associates, Inc., which contracts with the County for services. The
HAB provides no regulation, oversight, management, or policy setting
recommendations regarding contracts. The Board has 14 seats; 9 seats are
currently filled with a diversity count of African-American: 5 (56%),
Caucasian: 3 (33%) and Native-American: 1 (11%). The gender ratio (female:
male) is 4:5. The nominees are three Caucasian females. The Contracts-Grant
Coordinator and staff conduct targeted outreach in an effort to proffer
candidates for appointments that maintain a diverse composition of the Board. (Division
of Human and Veteran Services) Countywide (HH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: appointment
to the Community Action Advisory Board (CAAB), effective April 10, 2018:
Seat No |
Appointment |
Seat
Requirement |
Term
Ending |
Nominated
By |
4 |
Anne Lynch |
Public Sector Representative |
09/30/19 |
Vice Mayor Bernard Comm. Burdick Comm. Kerner CAAB |
SUMMARY: The total
membership for the Community Action Advisory Board shall be no more than 15
at-large members, per Resolution No. R-2014-0588, comprised of one-third
elected public officials or their representatives, one-third private sector
members recommended by the CAAB and one-third low-income representatives
selected by a democratic process in the target neighborhoods served. Members
will fully participate in the planning, implementation, and evaluation of the
Community Services Block Grant program to serve low-income communities. The
Resolution requires that CAAB members solicit and recommend Public Sector
member nominations for transmittal to the Board of County Commissioners (BCC).
The BCC was notified by memo dated March 1, 2018 seeking nominations for the
above at-large seat. Ms. Lynch meets all applicable guidelines and requirements
outlined in the Resolution adopted by the BCC on May 6, 2014. The Board has 15
seats; 14 seats are currently filled with a diversity count of
African-American: 13 (93%) and Caucasian: 1 (7%). The gender ratio
(female:male) is 10:4. Ms. Lynch is a Caucasian female. The Community Action
Program Coordinator and staff conduct targeted outreach in an effort to proffer
candidates for appointments that maintain a diverse composition of the Board. (Community Action
Program) Countywide (HH)
3. Staff recommends
motion to receive and file:
Notice of Award Grant No. H89HA00034 from the U.S. Department of Health
and Human Services, Health Resources and Services Administration, for the
budget period March 1, 2018 through February 28, 2019, in an amount not to
exceed $1,542,341, for new and existing programs to continue improving health
outcomes for clients with HIV/AIDS. SUMMARY: On December 5, 2017, the Board of County
Commissioners ratified the Mayor’s signature on the Ryan White Part A HIV
Emergency Relief Grant Program application (R2017-1776). This amount represents
approximately 20% of the anticipated final award. The grant will allow the
Community Services Department to continue providing needed medical and support
services to Palm Beach County residents living with HIV/AIDS. No County match is required. The budget will be amended once final notice
of award is received. (Ryan White Program) Countywide (HH)
4. Staff recommends
motion to approve: restructuring
of seats for current members of the
Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council,
effective April 10, 2018. The HIV CARE
Council nomination process is an open process with publicized criteria and
legislatively defined conflict of interest standards. Due to an effort to most
accurately reflect mandatory requirements, seat changes for the current members
are being recommended. On January 29, 2018, the CARE Council approved the
recommendation to restructure membership seating to 27 seats, six-seat
reduction from the previous structure of 33 seats. All changes to membership
seating are in compliance with the U.S. Department of Human Services, Health
Resources and Services Administration (HRSA) and per the HIV CARE Council
Resolution R2011-1560. The seat changes will allow for greater focus on
members’ responsibilities to participate and make recommendations concerning
program plans and priorities. No currently seated members will be displaced
from the CARE Council as a result of the restructuring. (Ryan White Program) Countywide
(HH)
APRIL
10, 2018
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to approve:
A) Contract for
Provision of Ryan White Part A HIV Health Support Services with AIDS Healthcare
Foundation, Inc., for the three year period March 1, 2018 through February 28,
2021, in the amount totaling $562,050, of which $187,350 is budgeted in Grant
Year (GY) 2018 with an anticipated annual allocation of $187,350 in each
subsequent grant year, contingent upon a budgetary appropriation by the Board
of County Commissioners, subject to funding approval by the Health Resources
Services Administration (HRSA), for the provision of improving health outcomes
for persons living with HIV Spectrum Disease; and
B) Intergovernmental
Agreement for Ryan White Part A HIV Health Support Services with the Health
Care District of Palm Beach County, for the three year period March 1, 2018
through February 28, 2021, in
the amount totaling $376,200, of which $125,400 is budgeted in GY 2018 with an
anticipated annual allocation of $125,400 in each subsequent grant year
contingent upon a budgetary appropriation by the Board of County Commissioners,
subject to funding approval by HRSA, for the provision of improving health
outcomes for persons living with HIV Spectrum Disease.
SUMMARY: On January 23, 2018, the Board of County Commissioners approved funding
allocations for the Ryan White Program. The listed agencies were selected and
recommended for contracting through the Request for Proposal process. These
contracts cover services for HIV affected clients which include nutritional
supplements, emergency financial assistance, local supplemental drug
reimbursement program, medical case management, early intervention services,
laboratory diagnostic testing, outpatient/ambulatory medical care and medical
transportation. Kristen Harrington, employee of AIDS Healthcare Foundation,
Inc. is a member of the HIV CARE Council. This board provides no regulation,
oversight, management, or policy-setting recommendations regarding the agency
contract listed above. Disclosure of this contractual relationship 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)
6. Staff
recommends motion to adopt: resolution
amending R2014-0588, providing for a minimum of four meetings per year and
amended attendance policy of the Community Action Advisory Board, and providing
for an effective date. SUMMARY: The
proposed Resolution amends R2014-0588 by modifying the number of meeting dates
per year. Resolution R2014-0588 required Community Action Advisory Board (CAAB)
members to meet a minimum of ten times per year. The proposed Resolution
provides that CAAB members will meet a minimum of four times a year. Other
counties within Florida with similar advisory boards have adopted a meeting schedule
allowing for quarterly meetings, which has proven effective. This modification
allows for greater focus on members’ responsibilities to participate in
implementation of programs designed to serve low-income citizens of their
County, while still allowing an opportunity to make recommendations concerning
program plans, priorities, and budgets. The board’s modified attendance policy
has been approved by its members and does not conflict with the provisions of
the Board Resolution No. R2013-0193 which established uniform policies and
procedures for County advisory boards. (Community Action Program) Countywide
(HH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file:
License Agreement with Airport Terminal Services, Inc., commencing
February 13, 2018, terminating February 28, 2018 (Initial Term), and
automatically renewing on a month-to-month basis thereafter but not beyond September
30, 2019, providing for the use of ten square feet of space on the third level
of the Palm Beach International Airport terminal for the placement of two
self-service kiosks that convert cash to prepaid credit cards and the payment
of license fees in the amount of $73.29 per square foot. SUMMARY: Delegation of authority for execution of the standard
County agreements above was approved by the BCC in R2007-2070. Countywide
(AH)
2. Staff recommends
motion to approve: Voluntary Termination Agreement for Development Site
Lease Agreement for Specialized Aviation Service Operator Facility at North
Palm Beach County General Aviation Airport (Agreement) with Platinum Aviation
Holdings, LLC (Platinum), effective April 30, 2018. SUMMARY: Platinum has lost its operating partner for its
Development Site Lease Agreement for Specialized Aviation Service Operator
Facility at the North Palm Beach County General Aviation Airport (Lease) and
has requested the Lease be terminated. Platinum will continue to remit ground
rent until the April 30, 2018, effective date of the Agreement. The Department
of Airports does not object to this termination. Countywide (HJF)
3. Staff
recommends motion to approve: Amendment
No. 12 to the Construction Manager (CM) at Risk Contract with The Morganti
Group, Inc. for CM at Risk Services for Task M-27: Security Improvements Phase 3 – Replace
Existing Controllers at Palm Beach International Airport (PBIA) in the amount
of $393,088 and 150 Calendar Days. 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 two years with three 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 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. The contract value to date is
$24,855,225. Approval of Amendment No.
12 in the amount of $393,088 and 150 Calendar Days will provide funds to
complete Task M-27: Security
Improvements Phase 3 – Replace Existing Controllers at PBIA. Airport Local Funds are being utilized to
fund this project. The Disadvantaged
Business Enterprise goal for this contract is 13%. The total to date
participation for this contract is 16%. Countywide (AH)
4. Staff recommends
motion to:
A) adopt resolution approving a Joint
Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) in the amount of $217,199 for Security Infrastructure and
Operational Improvements Program at Palm Beach County Park Airport (LNA). This JPA will become effective upon final
execution by the FDOT with an expiration date of December 31, 2020; and
B) approve budget amendment of $217,199 in the Airport’s
Improvement and Development Fund to recognize the receipt of a grant from the
FDOT, and budget project cost of $271,499; which includes a transfer from
Reserves of $54,300.
SUMMARY: The FDOT has issued a JPA reflecting their
commitment of funding to the above referenced project in the amount of $217,199
or 80% of the eligible project costs, whichever is less. Airport Local Funding in the amount of $54,300 is also available for a total
project cost of $271,499. Countywide
(AH)
APRIL
10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to approve:
A) Amendment No. 13
to the Construction Manager (CM) at Risk Contract with The Morganti Group, Inc.
for CM at Risk Services for Task M-28: Third Level Improvements at Palm Beach
International Airport (PBIA) in the amount of $7,637,600 and 420 Calendar Days;
B) budget amendment
of $2,900,000 in the Airport’s Improvement and Development Fund to recognize
Passenger Facility Charge (PFC) revenue, and to decrease Airport Reserves by
$4,737,600 to provide budget for The Morganti Group, Inc. contract of
$7,637,600; and
C) budget transfer of
$2,900,000 in the Airport’s PFC fund to transfer PFC funds to the Airport’s
Improvement and Development Fund, including a transfer from PFC Reserves in the
amount of $2,900,000.
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 two years with three 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 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. The contract value to date is
$24,855,225. Approval of Amendment No.
13 in the amount of $7,637,600 and 420 Calendar Days will provide funds to
complete Task M-28: Third Level Improvements at PBIA. Airport Passenger Facility Charges and Local
funds are being utilized to fund this project. The Disadvantaged Business
Enterprise goal for this contract is 13%.
The total to date participation for this contract is 16%. Countywide
(AH)
6. Staff recommends
motion to approve: Amendment No. 14 to the Construction Manager (CM)
at Risk Contract with The Morganti Group, Inc. for CM at Risk Services for Task
M-33: Concourse B Holdroom and Lobby Furniture at Palm Beach International
Airport (PBIA) in the amount of $3,117,900 and 240 Calendar Days. 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 two years with three 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 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.
The contract value to date is $24,855,225. Approval of Amendment No. 14
in the amount of $3,117,900 and 240 Calendar Days will provide funds to
complete Task M-33: Concourse B Holdroom and Lobby Furniture at PBIA. Local funds are being utilized to fund this
project. The Disadvantaged Business
Enterprise goal for this contract is 13%.
The total to date participation for this contract is 16%. Countywide
(AH)
APRIL
10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. Staff recommends
motion to approve:
A) Amendment No. 15
to the Construction Manager (CM) at Risk Contract with The Morganti Group, Inc.
for CM at Risk Services for Task M-36: Parcel I Site Access Roadway &
Utilities Project at Palm Beach International Airport (PBIA) in the amount of
$4,951,000 and 330 Calendar Days; and
B) budget transfer of
$1,831,000 in the Airport’s Improvement and Development fund to provide budget
for The Morganti Group, Inc. contract; including a transfer from Reserves of
$1,831,000.
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 two years with three 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 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.
The contract value to date is $24,855,225. Approval of Amendment No. 15 in the amount of
$4,951,000 and 330 Calendar Days will provide funds to complete Task M-36:
Parcel I Site Access Roadway & Utilities Project at PBIA. Florida
Department of Transportation funds and Airport Local funds are being utilized
to fund this project. The Disadvantaged
Business Enterprise goal for this contract is 13%. The total to date participation
for this contract is 16%. Countywide (AH)
APRIL
10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
8. Staff recommends
motion to approve: Amendment No. 2 to the General Consulting
Agreement with CH2M Hill, Inc. for Consulting/Professional Services in the
amount of $2,065,542.89 and to exercise the first one year renewal option for
the continued performance of professional planning and design services related
to the approved Palm Beach County Airports Capital Improvement Program. SUMMARY: The Consulting Agreement
(R2016-0700) with CH2M Hill, Inc. for general airport planning and design was
approved on June 7, 2016 in the amount of $1,877,401.43 in order to carry out
the approved Capital Improvement Programs for the County’s Airports. Amendment No. 1 was previously approved by
the Board on June 20, 2017 (R2017-0795) increasing the amount of the contract
by $2,308,452.97. Approval of Amendment
No. 2 will exercise the first one year renewal option for the continuation of
services provided under this Agreement and will provide an additional
$2,065,542.89 to complete the following tasks: Task
I Services –
Palm Beach County Glades Airport (PHK) Fuel Farm Replacement Construction
Administration (CA) Services; North Palm Beach County General Aviation Airport
(F45) Perimeter Security Fence Improvements CA Services; Palm Beach County Park
Airport (LNA) Fuel Farm and Wash Rack Design, Permitting and Bidding Services;
PHK Runway and Taxiway Rehabilitation Design and Bidding Services; Palm Beach International Airport (PBI)
Construct Golfview Infrastructure CA Supplemental Services; PBI Emergency Power Assessment; PBI
Accessibility Transition Plan Consulting and Design; PBI Service Animal Relief
Area Design, Permitting, Bidding and CA Services; PBI Airfield Circuitry Master
Plan Drawings Update; PBI Customs and Border Protection Facility Review and
Development Assessment; PBI Parcel I Site Access roadway and Utilities CA and
Quality Acceptance (QA) Materials Testing Services; PBI Concourse C Holdroom
Seating Design and Bidding Services; LNA Southside Redevelopment Program Phase 1
and 2 Additional Construction Management and Inspection Services; 2018
Environmental Compliance Monitoring, Inspection and Training Services; and Task III Services - Miscellaneous Planning and
Engineering Services. Work to be
completed under these Task III Services will be issued per the level of
authority contained in PPM CW-F-050, by way of a separate proposal or task authorization. CH2M Hill,
Inc. is an Englewood, Colorado based firm, however, the majority of the work to
be completed in this Agreement will be completed and/or managed through their
Palm Beach Gardens, Florida office in conjunction with Palm Beach County-based
subconsultant firms. A Disadvantaged
Business Enterprise (DBE) goal of 15% was set for this contract. CH2M Hill, Inc. committed to 21% in their
proposal. The anticipated DBE
participation based upon the approved tasks is approximately 17.11%, which will
increase as additional tasks are assigned by the County. The current paid
to date DBE participation is approximately 12.86%. Approval of this Amendment
No. 2 is anticipated to increase the DBE participation to 21.34%. Countywide (AH)
APRIL
10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff recommends
motion to approve: Other
Transaction Agreement (OTA) with the United States of America, acting through
the Transportation Security Administration (TSA), providing for the use of
security checkpoint and baggage makeup areas at the Palm Beach International
Airport (PBIA) at no cost to the TSA and for the reimbursement of the County
for janitorial services in the amount of $2,198.80 per month, electrical costs
incurred by the County for the TSA’s equipment and HVAC and lighting for TSA’s
passenger and baggage screening space in the amount of $10,816.20 per month,
commencing June 1, 2018, terminating on May 31, 2019, and automatically
renewing on a June 1st to May 31st annual basis to May
31, 2023. SUMMARY: Pursuant to the
Aviation and Transportation Security Act (ATSA) of 2001, the TSA is required to
conduct screening of all passengers, property and baggage. In order to carry out its statutory mandate,
the TSA requires use of security checkpoint and baggage makeup areas at PBIA
and space for a TSA radio transmitter.
Although the County is not permitted to charge the TSA for use of the
security checkpoint and baggage makeup areas under the ATSA, the OTA is
necessary to formalize the obligations of the TSA and County related to use of
the areas by the TSA. The OTA also
provides for TSA’s reimbursement to the County for electrical costs and
janitorial services performed by the County’s janitorial contractor at the
security checkpoint and baggage makeup areas. The OTA will automatically renew
each June 1 until May 31, 2023, unless the OTA is terminated. Countywide
(AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff
recommends motion to approve: negotiated settlement
offer in the amount of $17,500 for the full satisfaction of a Code Enforcement
Lien that was entered against George S. Tolmie on March 4, 2015. SUMMARY: The
Code Enforcement Special Magistrate (CESM) entered an Order on December 3, 2014
for property owned by George S. Tolmie (Mr. Tolmie) giving him until January 2,
2015 to bring his property located at 4878 Kirkwood Road in Lake Worth into
full Code Compliance. The property had been cited for overgrowth of vegetation.
Compliance with the CESM’s Order was not achieved by the ordered compliance
date and a fine in the amount of $50 per day was imposed. The CESM then entered
a claim of lien against Mr. Tolmie on March 4, 2015. Code Enforcement issued an
Affidavit of Compliance for the property on March 8, 2017 stating that as of
March 7, 2017 the cited code violation had been fully corrected. The total
accrued lien amount on December 15, 2017, the date on which settlement
discussions began, totaled $50,396.84, of which Mr. Tolmie has agreed to pay
Palm Beach County $17,500 (35%) for full settlement of his outstanding Code
Enforcement Lien. District 3 (SF)
2. Staff recommends
motion to approve: negotiated settlement offer in the amount of $10,617 for the full
satisfaction of a Code Enforcement Lien that was entered against Realtyfire
Investments WPB 11512, LLC on June 7, 2017. SUMMARY: The Code
Enforcement Special Magistrate (CESM) entered an Order on September 7, 2016 for
property owned by Realtyfire Investments WPB 11512, LLC (Realtyfire) giving
them until September 17, 2016 to bring this property located at 11512 56th
Place North in West Palm Beach into full Code Compliance. The property had been
cited for a pool fence barrier in disrepair. Compliance with the CESM’s Order
was not achieved by the ordered compliance date and a fine in the amount of
$500 per day was imposed. The CESM then entered a claim of lien against
Realtyfire on June 7, 2017. Code Enforcement issued an Affidavit of Compliance
for the property on March 20, 2017 stating that as of November 7, 2016 the
cited code violation had been fully corrected. The total accrued lien amount on
December 7, 2017, the date on which settlement discussions began, totaled
$26,541.12, of which Realtyfire has agreed to pay Palm Beach County $10,617
(40%) for full settlement of their outstanding Code Enforcement Lien. District
6 (SF)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
3. Staff recommends
motion to approve: negotiated settlement offer in the amount of $21,415 for the full
satisfaction of a Code Enforcement Lien that was entered against John D. Gwynn
on May 22, 2007. SUMMARY: The Code Enforcement Special Magistrate (CESM)
entered an Order on February 7, 2007 for property owned by John D. Gwynn (Mr.
Gwynn) giving him until March 9, 2007 to bring his property located at 4682
Davis Road in Lake Worth into full Code Compliance. The property had been cited
for overgrown vegetation and debris. Compliance with the CESM’s Order was not
achieved by the ordered compliance date and a fine in the amount of $100 per
day was imposed. The CESM then entered a claim of lien against Mr. Gwynn on May
22, 2007. Code Enforcement issued an Affidavit of Compliance for the property
on November 21, 2007 stating that as of November 21, 2007 the cited code
violation had been fully corrected. The total accrued lien amount on August 31,
2017, the date on which settlement discussions began, totaled $64,244.38, of
which Mr. Gwynn has agreed to pay Palm Beach County $21,415 (33%) for full
settlement of his outstanding Code Enforcement Lien. District 3 (SF)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file:
A) First Amendment to Interlocal Agreement with Town of Lake Park dated
December 20, 2017 to extend the term of the Agreement for acceptance of Town
referred individuals into the Homeless Resource Center (HRC) to July 10, 2022;
B) First Amendment to Interlocal Agreement with Town of Jupiter dated
January 29, 2018 to extend the term of the Agreement for acceptance of Town
referred individuals into the Homeless Resource Center (HRC) to May 21, 2022;
C) First Amendment to Interlocal Agreement with Town of Palm Beach dated
January 29, 2018 to extend the term of the Agreement for acceptance of Town
referred individuals into the Homeless Resource Center (HRC) to May 21, 2022;
D) First Amendment to Interlocal Agreement with Village of Palm Springs
dated January 11, 2018 to extend the term of the Agreement for acceptance of
Village referred individuals into the Homeless Resource Center (HRC) to May 21,
2022;
E) First Amendment to Interlocal Agreement with City of Belle Glade dated
February 14, 2018 to extend the term of the Agreement for acceptance of City
referred individuals into the Homeless Resource Center (HRC) to July 10, 2022;
and
F) First Amendment to Interlocal Agreement with Town of Jupiter Inlet Colony
dated February 14, 2018 to extend the term of the Agreement for acceptance of
Town referred individuals into the Homeless Resource Center (HRC) to May 21,
2022.
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 interlocal agreements have been
fully executed on behalf of the Board of County Commissioners (Board) by the
County Administrator or her designee. The Standard Interlocal Agreement was
approved by the Board on December 20, 2011 with Agenda Item 3H-7. These
executed documents are now being submitted to the Board to receive and file.
(FDO Admin) Countywide (LDC)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to receive and file:
A) Standard License
Agreement for Use of County-Owned Property dated February 12, 2018, with Gloria
Raya (Mid County Senior Center); and
B) Standard License
Agreement for Use of County-Owned Property dated February 16, 2018, with Kerry
Barnes (North County Senior Center).
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 Agreements
have been fully executed on behalf of the Board of County Commissioners (Board)
by the County Administrator or her designee. The Standard License Agreements
were approved in accordance with R2010-0333, as amended and approved by the
Board on October 1, 2013. These executed documents are now being submitted to
the Board to receive and file. (FDO Admin) Countywide (LDC)
3. Staff recommends
motion to approve: Amendment No.
10 to the contract with Robling Architecture Construction, Inc. (R2016-0762) in
the amount of $1,950,348 for the Osprey Point Golf Course New Cafe (Phase II)
establishing a Guaranteed Maximum Price (GMP).
SUMMARY: This Amendment
authorizes the construction of a 4,030 sq. ft. new café consisting of a dining room
for 100 patrons, a full service bar, full service kitchen, restrooms and other
ancillary support spaces. The duration of construction is 420 days. The Small
Business Enterprise (SBE) goal established by the SBE Ordinance for this
contract is 15%. Robling Architecture
Construction, Inc.’s SBE participation for this Amendment is 15.2% and
including this Amendment, Robling Architecture Construction, Inc.’s overall SBE
participation is 33.6%. This project will be funded from park impact fees zone
3 and golf course revenue. Robling Architecture
Construction, Inc. is a SBE and a Palm Beach County business and it is
anticipated that 100% of the work will be performed by Palm Beach County
businesses. (Capital Improvements Division) District
5 (LDC)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Annual Contracts with the following contractors for
Painting & Weatherproofing on an as-needed basis for projects typically
under $100,000:
Contractor |
Status |
SBE or Non-SBE |
A) A-1 Paint, Inc. of Palm Beach |
Local |
SBE |
B)
Advanced Painting Contractors, Inc. |
Local |
Non-SBE |
C)
Clean Air Restoration, Inc. d/b/a Chandler Construction Company |
Local |
Non-SBE |
D)
H.A. Contracting Corp. |
Local |
Non-SBE |
E)
WGM Quality Painting, Inc. |
Local |
SBE |
SUMMARY: These Contracts are for two years
and is an indefinite-quantity with a maximum value of $1,000,000 across all
Painting contractors. The Contract will terminate when a total of $1,000,000 in
work orders are issued among the pool of Painting contractors, or when the two
year term period has expired, whichever occurs first. The contract provides for up to three one-year
term renewals, each for a not-to-exceed total amount of $500,000 at the sole
option of the County. Firms may become pre-qualified and join the bidding pool
at any time during the term or renewals. The work consists of the painting
interior and/or exterior, surface treatment including but not limited to
caulking, sealants, patching, priming and application of paint coating to the
substrates and systems. The work is to
be awarded as work orders on a lump sum, competitively quoted basis among the
pool of five Painting contractors. The specific magnitude of the work shall be
determined by individual work orders issued. The Small Business Enterprise
(SBE) participation goal established by the SBE Ordinance is 15%. SBE actual
participation will be identified on each work order, and will be tracked
cumulatively for each work order issued. (Capital Improvements) Countywide
(LDC)
5. Staff recommends
motion to approve: Annual Contracts with the following contractors for
demolition on an as-needed basis for projects typically under $100,000:
Contractor |
Status |
SBE or Non-SBE |
A) Allied Bean Demolition,
Inc. |
Non-Local |
Non-SBE |
B) Arbor Tree and Land,
Inc. d/b/a ATL Diversified Industries |
Local |
SBE |
C) ATF Builders, Inc. |
Non-Local |
Non-SBE |
D) Bader’s Group, LLC |
Local |
SBE |
E) Camino Real Group, Inc.
d/b/a Alpha Wrecking Group |
Non-Local |
Non-SBE |
F) Cross Environmental Services, Inc. |
Non-Local |
Non-SBE |
G) GHD
Services, Inc. |
Local |
Non-SBE |
H) The BG Group, LLC. |
Local |
Non-SBE |
SUMMARY: These Contracts are for two years
and is an indefinite-quantity with a maximum value of $500,000 across all
demolition contractors. The Contract will terminate when a total of $500,000 in
work orders are issued among the pool of Demolition contractors, or when the
two year term period has expired, whichever occurs first. Firms may become
pre-qualified and join the bidding pool at any time during the term or
renewals. The contract provides for up to three one-year term renewals, each
for a not-to-exceed total amount of $500,000 at the sole option of the County.
The work consists of the demolition of specified structures and the demolition
of other items such as swimming pools, septic tanks, fences and similar site
elements. The work is to be awarded as work orders on a lump sum, competitively
quoted basis among the pool of eight Demolition contractors. The specific
magnitude of the work shall be determined by individual work orders
issued. The Small Business Enterprise
(SBE) participation goal established by the SBE Ordinance is 15%. SBE actual
participation will be identified on each work order, and will be tracked cumulatively
for each work order issued. (Capital
Improvements) Countywide (LDC)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Third
Amendment to Interlocal Agreement (R2002-2063) with the Solid Waste Authority
of Palm Beach County, (Authority) to extend the term of the Agreement for
interoperable radio communications through the countywide common talk groups of
the County’s 800 MHz Radio System to November 18, 2022. SUMMARY: The Agreement, which provides the terms and conditions
under which the Authority can program its radios and utilize the countywide
common talk groups for certain inter-agency communications expired on November
18, 2017. The Agreement provided for three renewal options, each for a period
of five years. The Authority has approved a renewal to extend the term of the
Agreement to November 18, 2022, and the renewal now requires Board approval.
The terms of the Agreement are standard and have been offered to all
municipalities and local branches of State/Federal agencies with 800 MHz
trunked radio capabilities. There are no
charges associated with the Agreement. The Authority is required to pay all
costs associated with its subscriber units and to comply with established
operating procedures for the System. The Agreement may be terminated by either
party, with or without cause with ten days’ notice. This Third Amendment renews
the term, updates the attachment, and adds standard County nondiscrimination
and third party beneficiary provisions.
Other than the changes set forth herein, all other terms remain the
same. (ESS) Countywide (LDC)
7. Staff recommends
motion to approve: First Amendment to Interlocal Agreement R2013-0612
dated May 21, 2013 with the Town of Jupiter (Town) to extend the term of the
Agreement for interoperable communications through the countywide common groups
of the County’s Public Safety Radio System to May 20, 2023. SUMMARY: The Agreement, which provides the terms and
conditions under which the Town can program its radios and utilize the
countywide common talk groups for certain inter-agency communications expires
on May 21, 2018. The Agreement provides for three renewal options, each for a
period of five years. The Town has approved a renewal to extend the term of the
Agreement and the renewal now requires Board approval. The terms of the
Agreement are standard and have been offered to all municipalities and local
branches of State/Federal agencies with Project 25 (P25) radio capabilities in
the 800 MHz spectrum. There are no charges associated with the Agreement. The
Agreement may be terminated by either party, with or without cause with ten
days’ notice. This First Amendment renews the term, updates the attachment,
modifies the provisions on preventative maintenance and notices, and adds the
County’s standard nondiscrimination provision. Other than the changes set forth
herein, all other terms remain the same. (ESS) Countywide (LDC)
8. Staff recommends
motion to approve: First
Amendment to Interlocal Agreement (R2012-1095) with City of Miramar, a
political subdivision of the State of Florida (City) to extend the term of the
Agreement for interoperable radio communications through the countywide common
talk groups of the County’s 800 MHz Radio System to August 14, 2022. SUMMARY: The Agreement, which provides
the terms and conditions under which the City can program its radios and
utilize the countywide common talk group’s inter-agency communications expired
on August 14, 2017. The Agreement provides for three renewal options, each for
a period of five years. The City has approved a renewal to extend the term of
the Agreement to August 14, 2022, and the renewal now requires Board approval.
The terms of the Agreement are standard and have been offered to all
municipalities and local branches of State/Federal agencies with 800 MHz
trunked radio capabilities. There are no charges associated with the Agreement.
The City is required to pay all costs associated with its subscriber units and
to comply with established operating procedures for the System. The Agreement
may be terminated by either party, with or without cause with ten days’ notice.
This First Amendment renews the term, updates the attachment, updates the
County’s responsibilities, provides the disclosure of County Code Section
2-421–2440 establishing the Office of the Inspector General and adds standard
County nondiscrimination and Third Party beneficiary provisions. Other than the changes set forth herein, all
other terms remain the same. (ESS) Countywide (LDC)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: Declaration
of Easement over a portion of Fire Station No. 57 located within the Boca Lago
PUD in unincorporated Palm Beach County. Summary: The County’s Fire
Station No. 57 is being replatted as part of a Pulte Home Company (Pulte)
residential redevelopment project known as Boca Lago PUD Replat No. 1 – PULTE,
all located within the Boca Lago PUD. The County’s Land Development Division is
requiring that Pulte include the Fire Station in the replat to establish the
site as a platted parcel. During County
departmental review of the Pulte replat, the County’s Water Utility Department
requested that PREM record a Declaration of Easement over an existing WUD lift
station in the southwest corner of the Fire Station site. The easement area measures approximately
21’x32’ and covers an area of 680 square feet (.02 acres). The easement will be
recorded to provide public notice of its existence and location. (PREM) District
5 (HJF)
10. Staff recommends
motion to receive and file: notice of exercise of the ninth option to extend the term of the
Lease Agreement with Theodore W. Winsberg and Gertrude K. Winsberg (R99-842D)
for one year for rent of $1/yr. SUMMARY:
In 1996, the County purchased 175 acres of property from the
Winsbergs for the development of the Water Utilities Department’s Green Cay
Wetlands Water Reclamation project. The
property is located off Hagen Ranch Road between Boynton Beach Boulevard and
Atlantic Avenue. The Board approved the
original Lease Agreement in May of 1999 (R99-842D), which allowed the Winsbergs
to continue to farm the property until the Water Utilities Department (WUD) was
ready to construct its project. Over
time, as WUD constructed phases of the Water Reclamation Project, the area
leased to the Winsbergs was reduced and the Winsbergs currently lease
approximately 60 acres. The next phase
of the Water Reclamation Project is not expected to be implemented within the
next three years. Exercising this ninth
extension option will extend the term of the Lease Agreement through May 1,
2019. The Winsbergs have the right to exercise their option to extend and the
Board has no discretionary authority to not allow the exercise of the
option. The County will continue to have
the right to terminate this Lease Agreement upon 120 days’ notice. The annual
rental rate for this extension will continue to be $1/yr. One one-year extension options remain
available to the Winsbergs. WUD supports the extension and will continue to
have administrative responsibility for this Lease Agreement. All other terms of
the Lease Agreement remain in full force and effect. (PREM) District 5
(HJF)
11. Staff recommends
motion to approve: Utility Easement in favor of the City of Lake Worth
to support John Prince Park. SUMMARY: The Palm Beach County Parks
Department has developed 4.2 acres within John Prince Park on the north side of
6th Avenue South for a five pen dog park, which has been named Lake Woof Dog
Park. The dog park is located along the
southwest shore of Lake Osborne and features five potable water drinking
fountains with multiple taps to accommodate both dogs and their owners. Each
separate pen includes a drinking fountain. This easement is required for the
water lines serving the water fountains. This easement is approximately 1,513’
long by 15’ – 23’ wide and covers an
approximate area of 22,933 square feet (0.53 acres). The non-exclusive easement will be granted to
the City of Lake Worth at no charge since this easement is required by the City
as a condition of providing water service. This non-exclusive easement will be
recorded to document its existence and location. (PREM) District 3 (HJF)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
12. Staff recommends
motion to approve: Unity of Title to unify
County and State owned property located within Morikami Park (Park), west of
Delray Beach, as one plot of land. SUMMARY: The Park is an existing
+/-173.17 acre Palm Beach County Regional Park located in unincorporated Palm
Beach County, west of Delray Beach. The
Park is comprised of nine individual parcels, seven of which are owned by the
County and two are owned by the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida (Trustees). The County and Trustees have
agreed to record a Unity of Title for the Park property to unify the County
land and Trustees land as one plot of land to support the future development of
the Park. Upon the recording of the Unity of Title, the County and Trustees
parcels will be considered as a single unified property that will simplify
future development of the property for County park purposes. (PREM) District
5 (HJF)
13. Staff recommends
motion to approve: Standard License Agreement in favor of Thalle
Construction Company, Inc. (Thalle) for the placement of temporary storm water
discharge pipes and a staging area for construction materials within the
County’s Paul Rardin Park. SUMMARY: Paul Rardin Park is located at 460
State Road 715, northwest of Belle Glade.
The U.S. Army Corps of Engineers (USACE) is replacing a water control
structure adjacent to the Park as part of the restoration of the Herbert Hoover
Dike. Thalle was awarded the construction project. The Board initially approved
a License Agreement in 2014 (R2014-1040), allowing Thalle to use part of the
Park for the placement of temporary above ground storm water discharge pipes
and the staging of construction materials for the project. Due to delays in the
project, the Board approved additional License Agreements in October 2015
(R2015-1390) and in January 2017 (R2017-0047), which expired on December 20,
2017. Prior to the expiration of the License Agreement, Thalle assured Staff
that the project would be completed and
the property vacated by mid December 2017.
On December 13, 2017, Thalle advised Staff that the project completion
would be delayed due to lack of materials to finish construction of the
embankment on the levy. Thalle has
requested the continued use of the Park for an additional 12 months until
December 20, 2018. Staff received the
executed copy of the License Agreement from Thalle on February 26, 2018, and
placed the item on the first available agenda. The license area is 34,000
square feet (.78 acres). The County may terminate the License Agreement at any
time. The restoration of the Herbert Hoover Dike is in the best interest of the
community’s safety and welfare. The
construction project is federally funded and any charge for the license would
be passed through to the USACE.
Therefore, this License Agreement is being granted at no charge. (PREM) District
6 (HJF)
14. Staff recommends
motion to receive and file: notice
of exercise of the 17th one year extension option under the Lease with Bedner
Farm, Inc. (R2001-0582) for Bedner Farm’s continued agricultural use of
approximately 246 acres located in the Ag Reserve for $122,918.50/year. SUMMARY: Bedner Farm leases two parcels of property in
the Ag Reserve from the County. One parcel is approximately 156 acres located
just west of the Turnpike and north of Atlantic Avenue. The other parcel is
approximately 90 acres located west of U.S. 441 and north of Boynton Beach
Boulevard. The Lease currently expires
on May 31, 2018. Exercising this 17th
option extends the term to May 31, 2019. There remain 24 annual extension
options through May 31, 2043. The annual rental rate is currently
$122,918.50/year ($500/acre). Pursuant
to the Lease, Bedner Farm has the right to exercise its option and the Board
has no discretionary authority to deny the exercise of the option. PREM will continue to have administrative
responsibility for this Lease. (PREM) Districts 5 & 6 (HJF)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to:
A) approve standard form Purchase Agreement for Tax Credits (Purchase Agreement) in
connection with the State of Florida’s Voluntary Cleanup Tax Credit (VCTC)
Program; and
B) authorize
the County Administrator, or designee, to
execute the standard form Purchase Agreement.
SUMMARY: On December 15, 2015, the Board of County Commissioners (BCC) adopted
Resolution R2015-1793 authorizing the Department of Housing and Economic
Sustainability (HES) to utilize the VCTC Program to actively support the
cleanup and redevelopment of designated Brownfield sites within the County for
business growth and expansion opportunities. This program provides for tax
credits to be issued to applicants as an incentive to conduct voluntary cleanup
of certain dry-cleaning solvent contaminated sites and sites in designated
Brownfield areas. Local governments that
apply for and receive tax credits from the Florida Department of Environmental
Protection can offset cleanup costs by selling their tax credits for an amount
between 80-85% of the face value of the tax credit. Funds received from the sale of tax credits
will replenish the County’s Brownfields Revolving Loan Fund Program. The standard form Purchase Agreement
recommended for BCC approval will be used by the County to sell these
credits. The Purchase Agreement is
presented for approval in anticipation of its use for projects that are being
processed by HES at this time. No County funds for implementation are
required. Countywide (JB)
2. Staff recommends
motion to receive
and file:
A) Certificate of Award for Developer Affordable For-Sale Housing Units to
Community Land Trust of Palm Beach County, Inc., under the Impact Fee Affordable
Housing Assistance Program (IFAHAP); and
B) Amendment 001 to the Loan Agreement (R2017-0427) with Neighborhood
Renaissance, Inc., under the Neighborhood Stabilization Program 2 (NSP2).
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 documents have been executed on behalf of the Board of County
Commissioners (BCC) by the Mayor or the County Administrator in accordance with
Agenda Items 5A-1, and 3I-3 as approved by the BCC on December 19, 2017, and
May 7, 2016, respectively. The
Certificate of Award for Developer Affordable For-Sale Housing Units awards
$53,062.78 in IFAHAP funds as a reimbursement of impact fees associated with
the construction of 20 homes. Amendment
001 with Neighborhood Renaissance, Inc. (NRI), amends the Loan Agreement which
provides up to $4,500,000 in NSP2 SHIP funds for the construction
of 36 rental units. These executed
documents are now being submitted to the BCC to receive and file. NSP2 grant
funds are Federal funds which do not require a local match. IFAHAP funds are from interest earned by the
Impact Fee Fund. Districts 2 & 3 (JB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to receive and file: documents executed in connection with loans
made to Businesses located in un-incorporated Palm Beach County under the
Housing and Urban Development (HUD) Section 108 Loan Program.
Kiddie Haven
Pre-School, Inc.
A) Section 108 Loan Agreement, dated January 28, 2014, for $131,000.
B) Deposit Account Control Agreement, dated January 28, 2014.
C) Palm Beach County Section 108 Promissory Note, dated January 28, 2014,
for $131,000.
D) Security Agreement, dated January 28, 2014, for $131,000.
E) Guaranty Agreement, dated January 28, 2014, for $131,000.
F) Borrower’s Certificate, dated January 28, 2014.
G) Section 108 Loan Program Agreement between Palm Beach County & Kiddie
Haven Pre-School, Inc., dated January 28, 2014 for $131,000.
Pinewood
Cleaners, Inc. (dba Cricket Cleaners)
A) Section 108 Loan Agreement, dated April 14, 2014, for $179,000.
B) Security Agreement, dated April 14, 2014, for $179,000.
C) Palm Beach County Section 108 Promissory Note, dated April 14, 2014, for
$97,000.
D) Palm Beach County Section 108 Promissory Note, dated April 14, 2014,
for $82,000.
E) Section 108 Loan Program Agreement between Palm Beach County and Pinewood
Cleaners, Inc., dated April 14, 2014, for $179,000.
F) Collateral Security Agreement, dated April 14, 2014, for $179,000.
G) Guarantor’s Certificate, dated April 14, 2014.
H) Guaranty Agreement, dated April 14, 2014, for $179,000.
I) Borrower’s
Certificate, dated April 14, 2014.
Magic
Bubbles, Inc.
A) Collateral Security Mortgage Agreement, dated November 17, 2014, for
$277,000.
B) Collateral Security Mortgage and Security Agreement (w/ Assignment of Leases
and Rents), dated November 17, 2014, for $277,000.
C) Mortgage Amendment, dated May 1, 2015, for $277,000.
D) Section 108 Loan Program Agreement between Palm Beach County and Magic
Bubbles, Inc., dated November 17, 2014, for $277,000.
E) Section 108Loan Agreement, dated November 17, 2014, for $277,000.
F) Security Agreement, dated November 17, 2014, for $277,000.
G) Subordination Agreement, dated November 17, 2014.
H) Palm Beach County Section 108 Promissory Note, dated November 17, 2014,
for $277,000.
I) Guaranty
Agreement, dated November 17, 2014, for $277,000.
J) Mortgagor’s Certificate, dated November 17, 2014, for $277,000.
K) Borrower’s Certificate, dated November 17, 2014.
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. During the Department’s administrative review of
files, documents were identified that need to be presented as a receive and
file. The attached documents have been executed on behalf of the Board of
County Commissioners (Board) by the County Administrator or Designee in
accordance with Resolution R2009-0725, and are now being submitted to the Board
to receive and file. These are Federal funds which require no local match.
District 3 (JB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
4. Staff recommends
motion to receive and file: documents executed in connection with loans
made to businesses located in unincorporated Palm Beach County under the
Housing and Urban Development (HUD) Section 108 Loan Program.
BI
Development Group, LLC.
A) Partial Release of Mortgage Lien from Pam Beach County to BI Development
Group, LLC, dated November 16, 2016.
B) Mortgage and Security Agreement (with Assignments of Leases and Rents),
dated October 5, 2016, for $478,507.
C) Cross-Default, Cross-Contribution, and Cross-Collateralization Agreement,
dated, October 5, 2016.
D) Intercreditor Agreement between First bank and Palm Beach County, dated,
October 5, 2016.
E) Section 108 Loan Agreement, date, October 5, 2016, for $478,507.
F) Section 108 Loan Program Agreement between Palm Beach County and BI Development
Group, LLC, dated October 5, 2016, for $478,507.
G) Palm Beach County Section 108 Promissory Note, dated October 5, 2016, for
$478,507.
H) Guaranty Agreement, dated October 5, 2016, for $478,507.
I) Guarantor’s
Certificate for Permits ETC, Inc., dated October 31, 2016.
J) Guarantor’s Certificate for Atlantic Engineering Services, Inc., dated
October 31, 2016.
Kwik Stop
No: 1819, Inc.
A) Palm Beach County Section 108 Promissory Note to Kwik Stop No: 1819,
Inc., dated April 1, 2016 for $186,700.
B) Section 108 Loan Agreement, Agreement between Palm Beach County and Kwik
Stop No: 1819, Inc., dated April 1, 2016 for $186,700.
C) Section 108 Loan Program Agreement between Palm Beach County and Kwik
Stop No: 1819, Inc., dated April 1, 2016 for $186,700.
D) Collateral Mortgage and Security Agreement w/ Assignment of Leases and
Rents, dated April 1, 2016 for $186,700.
E) Security Agreement, dated April 1, 2016 for $186,700.
F) Collateral Security Agreement (RM & MS#101), dated April 1, 2016 for
$370,300.
G) Collateral Security Agreement (SB Corner Store), dated April 1, 2016 for
$370,300.
H) Collateral Security Agreement (South Bay Investors), dated April 1, 2016
for $370,300.
I) Collateral
Security Agreement (Moore Haven Marathon), dated April 1, 2016 for $370,300.
J) Collateral Security Agreement (M&K’s, LLC), dated April 1, 2016 for
$370,300.
K) Collateral Security Agreement (M&N Corporation#101), dated April 1,
2016 for $370,300.
L) Collateral Security Agreement (Clewiston Marathon), dated April 1, 2016
for $370,300.
M) Subordination, Non-disturbance and Attornment Agreement, dated April 1,
2016.
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. During the Department’s administrative review of
files, documents were identified that need to be presented as a receive and
file. The attached documents have been
executed on behalf of the Board of County Commissioners (Board) by the County
Administrator or Designee in accordance with Resolution R2009-0725, and are now
being submitted to the Board to receive and file. These are Federal funds
which require no local match. District 6 (JB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
5. Staff recommends
motion to receive and file: documents executed in connection with loans
made to Businesses located in un-incorporated Palm Beach County under the
Housing and Urban Development (HUD) Section 108 Loan Program.
Deep Waters
Marine, Inc.
A) Palm Beach County Section 108 Loan Agreement with Deep Waters Marine,
Inc., dated, December 7, 2016 for $423,000.
B) Section 108 Loan Program Agreement between Palm Beach County and Deep
Waters Marine Air, Inc., dated, December 7, 2016 for $423,000.
C) Palm Beach County - Section 108 Promissory Note, dated, December 7, 2016
for $423,000
Rhema
Holdings, LLC.
A) Palm Beach County Section 108 Loan Agreement with Rhema Holdings, LLC,
dated, December 7, 2016 for $246,000
B) Section 108 Loan Program Agreement between Palm Beach County and Rhema
Holdings, LLC, dated, December 7, 2016 for $246,000.
C) Mortgage and Security Agreement with Assignment of Leases and Rents,
dated, December 7, 2016 for $246,000
D) Collateral Security Mortgage and Security Agreement with Assignments of
Leases and Rents, dated, December 7, 2016 for $423,000
E) Intercreditor Agreement, dated, December 7, 2016
F) Collateral Security Agreement, dated, December 7, 2016
G) Guaranty Agreement, dated, December 7, 2016
H) Palm Beach County - Section 108 Promissory Note, dated, December 7, 2016
for $246,000
I) Assignment and
Assumption of Retail Installment Contract, dated, December 7, 2016
Tepuy
Commercial Properties, LLC
A) Palm Beach County Section 108 Loan Agreement with Tepuy Commercial
Properties, dated, March 31, 2017 for $248,000
B) Section 108 Loan Program Agreement between Palm Beach County and Tepuy
Commercial properties, dated, March 31, 2017 for $248,000.
C) Collateral Security Agreement, dated, March 31, 2017 for $248,000
D) Palm Beach County – Section 108 Promissory Note, dated, March 31, 2017
for $248,000.00
E) Mortgage Agreement with Assignment of Leases and Rents, dated, March 31,
2017 for $248,000
F) Intecreditor Agreement between Bank of Belle Glade and Palm Beach County,
dated, March 31, 2017
G) Guaranty Agreement, dated, March 31, 2017
H) Environmental Indemnity Agreement, dated, March 31, 2017
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. During the Department’s administrative review of
files, documents were identified that need to be presented as a receive and
file. The attached documents have been executed on behalf of the Board of
County Commissioners (Board) by the County Administrator or Designee in
accordance with Resolution R2009-0725, and are now being submitted to the Board
to receive and file. These are Federal funds which require no local match.
District 7 (JB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
6. Staff recommends
motion to receive and file: documents executed in connection with loans
made to Businesses located in un-incorporated Palm Beach County under the
Housing and Urban Development (HUD) Section 108 Loan Program.
EHR Tech,
LLC.
A) Section 108 Loan Agreement, dated October 14, 2013, for $609,000.
B) Section 108 Loan Program Agreement between Palm beach County and EHR
Tech, LLC, dated October 14, 2013, for $609,000.
C) Mortgage and Security Agreement (w/ Assignment of Leases & Rents),
dated October 14, 2013, for $609,000.
D) Cross-Default, Cross-Contribution, and Cross-Collateralization Agreement,
dated October 14, 2013, for $609,000.
E) Security Agreement, dated October 14, 2013, for $609,000.
F) Palm Beach County Section 108 Promissory Note, dated October 14, 2013,
for $609,000.
G) Guaranty Agreement, dated October 14, 2013.
GUS
Distributing, Corp.
A) Section 108 Loan Program Agreement between Palm Beach County and GUS
Distributing Corp., dated January 16, 2014, for $196,000.
B) Section 108 Loan Agreement, dated January 16, 2014, for $196,000.
C) Collateral Mortgage and Security Agreement (w/ Assignment of Leases and
Rents), dated January 16, 2014, for $196,000.
D) Collateralization Agreement, dated January 16, 2014, for $196,000.
E) Section 108 Promissory Note, dated January 16, 2014, for $196,000.
F) Control Agreement, dated January 16, 2014, for $196,000.
G) Pledge Agreement, dated January 16, 2014, for $196,000.
H) Guarantor’s Certificate, dated January 16, 2014.
I) Borrower’s
Certificate, dated January 16, 2014.
Samar
Baroush, Abdul and Ghasiba Shatara.
A) Section 108 Loan Program Agreement between Palm Beach County and Samar
Barhoush, Abdul and Ghasiba Shatara, dated September 10, 2013, for $51,000.
B) Section 108 Loan Agreement, dated September 10, 2013, for $51,000.
C) Mortgage and Security Agreement (w/ Assignment of leases and Rents),
dated September 10, 2013, for $51,000.
D) Collateralization Agreement, dated September 10, 2013, for an extended
loan of $51,000.
E) Purchase Agreement, dated September 10, 2013, for $51,000.Pledge
Agreement, dated September 10, 2013, for $51,000.
F) Control Agreement, dated September 10, 2013.
G) Section 108 Promissory Note, dated September 10, 2013, for $51,000.
H) Pledge Agreement , dated September 10, 2013.
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. During the Department’s administrative review of
files, documents were identified that need to be presented as a receive and
file. The attached documents have been
executed on behalf of the Board of County Commissioners (Board) by the County
Administrator or Designee in accordance with Resolution R2009-0725, and are now
being submitted to the Board to receive and file. These are Federal funds
which require no local match. District 6 (JB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
7. Staff recommends
motion to receive and file: documents executed in connection with loans
made to Businesses located in un-incorporated Palm Beach County under the
Housing and Urban Development (HUD) Section 108 Loan Program.
Jupiter CY,
LLC
A) Section 108 Loan Program Agreement with Jupiter CY, LLC for $2,300,000;
B) Palm Beach County Section 108 Loan Agreement with Jupiter CY, LLC for
$2,300,000;
C) Mortgage and Security Agreement with Assignment of Leases and Rents from
Jupiter CY, LLC for $2,300,000;
D) Collateral Mortgage Agreement from 1410 S.B. PT, LLC for $2,300,000;
E) Control Agreement with Melbourne RI Manger, LLC;
F) Control Agreement with Marina Del Ray Apartments Limited Partnership;
G) Purchase Agreement with Ronald Finvarb and Richard Finvarb;
H) Pledge Agreement with Ronald Finvarb;
SSB
Investment, Inc.
A) Mortgage and Security Agreement with Assignment of Leases and Rents,
dated March 20, 2013, for $244,000.
B) Environmental Indemnity Agreement, dated March 20, 2013.
C) Palm Beach County Promissory Note, dated March 20, 2013, for $244,000.
D) Section 108 Loan Agreement, dated March 20, 2013, for $244,000.
E) Section 108 Loan Program Agreement between Palm Beach County and SSB
Investment, Inc., dated March 20, 2013, for $244,000.
BI
Development Group, LLC.
A) Palm Beach County Section 108 Promissory Note, dated August 29, 2013 for
$1,028,000.
B) Mortgage and Security Agreement w/ Assignment of Leases and Rents, dated
August 29, 2013 for $1,028,000.
C) Cross-Default, Cross-Contribution, and Cross-Collateralization Agreement,
dated August 29, 2013 for Section 108, DOE, and USDA IRP Loan.
D) Section 108 Loan Agreement, dated August 29, 2013 for $1,028,000.
E) Section 108 Loan Program Agreement between Palm Beach County and BI
Development Group, LLC, dated August 29, 2013 for $1,028,000.
F) Pledge Agreement, dated August 29, 2013 for Section 108, DOE, and USDA
IRP Loan.
G) Control Agreement (M.I.M., Inc.), dated August 29, 2013 for $1,028,000.
H) Control Agreement (Purdy Lane, Inc.), dated August 29, 2013 for
$1,028,000.
I) Redemption
Agreement (Purdy Lane, Inc.), dated August 29, 2013 for $1,028,000.
J) Redemption Agreement (M.I.M., Inc.), dated August 29, 2013 for
$1,028,000.
K) Guaranty Agreement, dated August 29, 2013 for Section 108, DOE, and USDA
IRP Loan.
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. During the Department’s administrative review of
files, documents were identified that need to be presented as a receive and
file. The attached documents have been
executed on behalf of the Board of County Commissioners (Board) by the County
Administrator or Designee in accordance with Resolution R2009-0725, and are now
being submitted to the Board to receive and file. These are Federal funds
which require no local match. Districts 1 & 6 (JB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
8. Staff recommends
motion to receive and file: documents executed in connection with loans
made to Businesses located in un-incorporated Palm Beach County under the Housing
and Urban Development (HUD) Section 108 Loan Program.
RM & MS
#101, LLC.
A) Palm Beach County Section 108 Promissory Note to RM & MS #101, LLC,
dated April 1, 2016 for $370,300.
B) Section 108 Loan Agreement, Agreement between Palm Beach County and RM
& MS #101, LLC, dated April 1, 2016 for $370,300.
C) Section 108 Loan Program Agreement between Palm Beach County and RM &
MS #101, LLC, dated April 1, 2016 for $370,300.
D) Mortgage and Security Agreement w/ Assignment of Leases and Rents, dated
April 1, 2016 for $370,300.
E) Intercreditor Agreement, dated April 1, 2016 for $370,300.
F) Collateral Security Agreement (Kwik Stop), dated April 1, 2016 for
$370,300.
G) Collateral Security Agreement (SB Corner Store), dated April 1, 2016 for
$370,300.
H) Collateral Security Agreement (South Bay Investors), dated April 1, 2016
for $370,300.
I) Collateral
Security Agreement (Moore Haven Marathon), dated April 1, 2016 for $370,300.
J) Collateral Security Agreement (M&K’s, LLC), dated April 1, 2016 for
$370,300.
K) Collateral Security Agreement (M&N Corporation#101), dated April 1,
2016 for $370,300.
L) Collateral Security Agreement (Clewiston Marathon), dated April 1, 2016
for $370,300.
Direct Fresh
Marketing, Inc.
A) Palm Beach County Section 108 Promissory Note, dated December 11, 2015
for $321,000.
B) Mortgage and Security Agreement w/ Assignment of Leases and Rents, dated
December 11, 2015 for $321,000.
C) Section 108 Loan Program Agreement between Palm Beach County and Direct
Fresh Marketing, Inc, dated December 11, 2015 for $321,000.
D) Section 108 Loan Agreement, dated December 11, 2015 for $321,000.
E) Intercreditor Agreement, dated December 11, 2015 for $321,000.
F) Collateral Security Agreement, dated December 11, 2015 for $321,000.
G) Security Agreement, dated December 11, 2015.
H) Guaranty Agreement, dated December 11, 2015 for $321,000.
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. During the Department’s administrative review of
files, documents were identified that need to be presented as a receive and
file. The attached documents have been executed on behalf of the Board of
County Commissioners (Board) by the County Administrator or Designee in
accordance with Resolution R2009-0725, and are now being submitted to the Board
to receive and file. These are Federal funds which require no local match.
Districts 6 & 7 (JB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
9. Staff recommends
motion to execute: “Certification By State or Local Official of PHA
Plans Consistency with the Consolidated Plan or State Consolidated Plan” for
the Pahokee Housing Authority in connection with their Fiscal Year 2018 Annual
Public Housing Authority (PHA) Plan. SUMMARY: The Pahokee Housing
Authority has prepared its Annual PHA Plan for the Fiscal Year beginning July
1, 2018. The Department of Housing and
Urban Development requires the County to confirm that the plans and programs
outlined in their Annual PHA Plan are consistent with those set forth in the
County’s Consolidated Plan. Confirmation
of this consistency is documented through a “Certification by State or Local
Official of PHA Plans Consistency with the Consolidated Plan or State
Consolidated Plan.” The Department of
Housing and Economic Sustainability (HES) has reviewed the Pahokee Housing
Authority’s draft Annual PHA Plan and determined that the goals, objectives and
plans outlined therein are consistent with those outlined in the Palm Beach
County FY 2015-2020 Consolidated Plan.
Specifically, the Annual PHA Plan will: continue the provision of
affordable housing to very-low income persons in the Glades; serve veterans
under the Veterans Affairs Supportive Housing Program; increase the stock of
affordable housing units via demolition and/or disposition of existing housing
units to convert into Low Income Housing Tax Credit units; develop vacant sites
in collaboration with private partners; prioritize the special needs
population; implement improved safety measures in its properties; adopt a
deconcentration and income targeting policy; implement a Section 8 Project-Based
Voucher Program in its new development activities; improve the quality and
choice of assisted housing; ensure equal opportunity and affirmatively
furthering fair housing; promote youth programs and self-sufficiency. The County’s Fiscal Year 2015-2020
Consolidated Plan identified the City of Pahokee as an area which lacks
adequate and suitable housing. The
County’s Fiscal Year 2015-2020 Consolidated Plan prioritizes the need for
affordable rental housing, economic development and job training, and public
services for residents of this area. District 6 (JB)
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to:
A) adopt resolution of the
Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a
County tax exemption for the
historic rehabilitation of the property located at 55 SE 7th Avenue, Delray Beach, (Residential); and
B) approve restrictive
covenant for 55 SE 7th Avenue, Delray Beach, (Residential)
requiring the qualifying improvements be maintained during the period that the
tax exemption is granted.
SUMMARY: The resolution will authorize a County tax
exemption for the following historic
property
located within the City of Delray Beach: 55 SE 7th Avenue, (property is
privately owned for Residential use). If granted, the tax exemption shall take effect January 1, 2018, and
shall remain in effect for 10 years, or until December 31, 2027. The exemption
shall apply to 100 percent of the assessed value of all improvements to the
historic property, which resulted from restoration, renovation, or
rehabilitation of the property. The estimated total tax exempted for the 10
years ending December 31, 2027, is $47,089. Actual exemption amounts will be based
upon the Countywide Millage rate on a yearly basis. It is estimated that
approximately $4,708 tax dollars will be exempted annually based on the 2018
Countywide Millage Rate. Accompanying each resolution
is a restrictive covenant, which requires the qualifying improvements be
maintained during the period that each tax exemption is granted. For fiscal
year 2017-2018, the BCC has approved a total of two exemptions totaling
$20,713. District 7 (RPB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (Cont’d)
2. Staff recommends
motion to:
A) adopt resolution of the
Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a
County tax exemption for the
historic rehabilitation of the property located at 421 31st
Street, West Palm Beach, (Residential);
B) approve
restrictive covenant for 421 31st Street, West Palm Beach,
(Residential) requiring the qualifying improvements be maintained during
the period that the tax exemption is granted;
C) adopt
resolution of the Board of County Commissioners (BCC) of Palm Beach County,
Florida, granting a County tax exemption for the historic rehabilitation of the property located at 317 Cordova Road, West Palm Beach, (Residential);
D) approve
restrictive covenant for 317 Cordova Road, West Palm Beach, (Residential)
requiring the qualifying improvements be maintained during the period that the
tax exemption is granted;
E) adopt
resolution of the Board of County Commissioners (BCC) of Palm Beach County,
Florida, granting a County tax exemption for the historic rehabilitation of the property located at 327 Dyer Road, West Palm Beach, (Residential); and
F) approve
restrictive covenant for 327 Dyer Road, West Palm Beach, (Residential)
requiring the qualifying improvements be maintained during the period that the
tax exemption is granted.
SUMMARY: The resolution will authorize a County tax
exemption for the following historic properties located within the City of West
Palm Beach: 421 31st Street, (property is privately owned for
residential use); 317 Cordova Road (property is privately owned for residential
use); and 327 Dyer Road, (property is privately owned for residential use). If granted, the
tax exemption shall take effect January 1, 2018, and shall remain in effect for
10 years, or until December 31, 2027. The exemption shall apply to 100 percent
of the assessed value of all improvements to the historic property, which
resulted from restoration, renovation, or rehabilitation of the properties. The
estimated total tax exempted for the 10 years ending December 31, 2027, is
$111,620. Actual exemption amounts will be based upon the Countywide Millage
rate on a yearly basis. It is estimated that approximately $11,162 tax dollars
will be exempted annually based on the 2018 Countywide
Millage Rate. Accompanying each resolution is a
restrictive covenant, which requires the qualifying improvements be maintained
during the period that each tax exemption is granted. For fiscal year
2017-2018, the BCC has approved a total of two
exemptions totaling $20,713. District 2 (RPB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: contract
with Hinterland Group, Inc., (Contract) for the Lift Station Rehabilitation
Project B; Bid Package 1 (Project) in the amount of $4,215,900. SUMMARY:
On November 8, 2017, five bids
were received for the rehabilitation of 28 lift stations located throughout the
Water Utilities Department (WUD) service area. Hinterland Group, Inc., was
determined to be the lowest responsive and responsible bidder in the amount of
$4,215,900. The Project will provide for the lift station upgrades necessary to
meet current WUD standards. The Project work involves upgrading the mechanical,
electrical and civil components including discharge piping, pumps, control
panel, slabs, wet well, valve vaults and putting all stations on the WUD
Supervisory Control and Data Acquisition (SCADA) system. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. The Contract provides for SBE participation of 95% overall. Hinterland
Group, Inc., is a Palm Beach County company. The Project is included in the WUD
FY 18 Budget. (WUD
Project No. 15-096B) Districts 2, 3, 4, 5 & 6 (MJ)
2. Staff recommends
motion to approve: Amendment No. 1 to the Contract with Mock, Roos & Associates, Inc., for
Consulting/Professional Services for the Lift Station Rehabilitation Project B
(Project) in an amount not to exceed $247,209.66.
SUMMARY: On September 13, 2016, the Board of County
Commissioners (BCC) approved the Water Utilities Department (WUD)
Consulting/Professional Services Contract (Contract) with Mock, Roos & Associates, Inc., for design
and bidding services required to rehabilitate 60 lift stations for a term of
five years (R2016-1172). Amendment No. 1 to the Contract updates the Scope of Work to provide
engineering services during construction for 28 lift stations to be
rehabilitated under the Project. These
services include coordination meetings, construction inspection, shop drawing
review, responding to requests for information (RFIs), review of Operation and
Maintenance (O&M) Manuals, assistance with issuance of Substantial and
Final Completion and record drawings review. No time extension will be provided
as part of Amendment No. 1. The Small Business Enterprise (SBE) participation
established by the SBE Ordinance is 15% overall. The Contract with Mock, Roos & Associates, Inc., provides
for SBE participation of 98% overall. Amendment No. 1 has 100% of SBE participation. The cumulative SBE
participation, including Amendment No. 1
is 100%. Mock, Roos & Associates,
Inc., is a Palm Beach County company. The Project is included in the WUD FY18 Budget. (WUD Project No. 15-096B) Countywide
(MJ)
3. Staff recommends
motion to approve: Encroachment Agreement (Agreement) with Florida Gas
Transmission Company LLC (FGT). SUMMARY: The Water Utilities Department (WUD) plans to construct an 18-inch water
main along Belvedere Road crossing an existing easement (Book 27363, Page 1648)
on the east side of the Florida Turnpike. The existing easement is granted to
FGT by the Florida Department of Transportation for their use only. Prior to
the construction of the water main, FGT has requested that the County enter
into an Agreement to allow the installation of the water main within their
easement area and crossing their existing utilities. FGT requested that the County execute the
Agreement first as FGT will be recording the Agreement. (WUD Project No. 15-102) District 2
(MJ)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
4. Staff recommends
motion to approve: Change Order No. 5 with R. J. Sullivan Corp., for the
Water Treatment Plant (WTP) No. 8 Anion Exchange System Project in the amount
of $299,115 with a 45-day time extension to the final completion date. SUMMARY: On March 22, 2016, the Board of County
Commissioners (BCC) approved the Contract for the WTP No. 8 Anion Exchange
System Project (Project)
(R2016-0372) with R.J. Sullivan Corp. Change
Order No. 5 provides for additional water quality and operational improvements
and requires an increase of $299,115 and 45 calendar days for final completion
of the Project. The Anion Exchange System removes both color and organics and
was substantially complete on January 11, 2018. The free chlorine disinfection
has been moved from pre-filtration to post anion exchange to reduce
disinfection byproducts. Additional water quality improvements are needed to
optimize disinfection throughout the treatment process. Operation improvements
are needed to better interface existing equipment with the new anion exchange
system. The Contract provides for SBE participation of 62.98%. Change Order No.
5 provides for 56% SBE participation. The cumulative SBE participation
including Change Order No. 2 is 62.80%. R.J. Sullivan Corp., maintains an
office in Boca Raton from which the majority of the work will be undertaken.
This Project is included in the Water Utilities Department (WUD) FY 18 Budget. (WUD Project No. 13-022) District
2 (MJ)
5. Staff recommends
motion to approve: Work
Authorization (WA) No. 10 for Improvements to Lift Station 8148 (Project)
Project with Hinterland Group Inc. in the amount of $243,713.45. SUMMARY:
On March 10, 2015, the Board of
County Commissioners (BCC) approved the Water Utilities Department (WUD) Lift Station Rehabilitation Continuing Construction Contract (Contract)
with Hinterland Group, Inc. (R2015-0318). WA No. 10 provides for the rehabilitation of
Lift Station 8148. The Scope of Services involves upgrading the mechanical,
electrical and civil components, including discharge piping, pumps, control
panel, slabs, wet well, valve vaults, and putting all stations on the WUD
Supervisory Control and Data Acquisition (SCADA) system. A temporary
construction easement has been granted to WUD providing access to the site through
January 17, 2019, and the necessary improvements will be completed before that
date. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. The Contract with Hinterland Group, Inc., provides for SBE participation
of 100%. WA No. 10 includes 100% overall participation. The cumulative SBE
participation, including WA No. 10 is 100% overall. Hinterland Group, Inc., is
a Palm Beach County company. The Project is included in the FY18 Capital
Improvement Plan adopted by the BCC. (WUD Project No. 15-023) District 6 (MJ)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Florida Department of Environmental Protection (FDEP) Office of
Greenways and Trails Application (Application) for Designation of Public Lands
or Waterways as part of the Florida Greenways and Trails System for a portion
of the Hungryland Slough Natural Area (Natural Area); and
B)
authorize County
Administrator, or designee, to execute
the FDEP Greenways and Trails Program Designation Agreement (Agreement) and sign a Resource Certification
(Certification) every five years during the term of the Agreement.
SUMMARY: The Application requests that a 2,987-acre portion of the Natural Area
be designated as part of the Florida Greenways and Trails System. A 160-foot-wide strip of land along the
western boundary of the Natural Area is reserved for a proposed road right of
way and is not part of the Application. If the Application is approved by the
State’s Greenways and Trail Council, the County is required to sign a 20-year
term Agreement to complete the designation. To
maintain the designation, Certification is required every 5 years from the date
of execution requiring that the site’s natural, recreational, cultural, and/or
historic resources be maintained. The natural, recreational and historic
resources found within the designation area are maintained pursuant to
Management Plan (Item 3.L.1, 5/21/02), and neither the Application nor Agreement
are expected to have any fiscal impact. District 1 (AH)
2. Staff recommends
motion to:
A)
approve Interlocal Agreement (Agreement) with the Town of
Lantana (Town) for the construction of two mangrove planters at Lyman Kayak
Park (Project) at a cost of $15,000 for a term beginning upon execution through
December 31, 2019;
B)
approve budget transfer of $15,000 from the Manatee
Protection Program to the Project; and
C)
authorize County
Administrator, or designee, to sign all future time extensions and necessary
minor amendments that do not significantly change the terms or conditions of
the Agreement.
SUMMARY: The Project includes placement of armor stone to
protect the planting areas and provide habitat for colonizing oysters. The Town is committed to provide the
necessary armor stone and long-term maintenance of the site upon completion.
The County’s cost is estimated at $15,000, which will come from Manatee Funds. District
4 (AH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A)
approve termination
of State Financial Assistance Recipient Agreement No. 024757 with the Florida
Department of Agriculture and Consumer Services (FDACS) for mosquito control
activities performed during the contract period October 1, 2017 through
September 30, 2018, for an amount not to exceed $52,566.66;
B) approve State Financial
Assistance Recipient Agreement No. 025118 (Agreement) with FDACS for mosquito
control activities performed during the contract period of October 1, 2017
through September 30, 2018, for an amount not to exceed $52,566.66; and
C) authorize County Administrator, or designee, to sign
all future time extensions, task assignments, certifications, and other forms
associated with this Agreement, and any necessary minor amendments that do not
substantially change the scope of work, terms or conditions.
SUMMARY: Agreement No. 024757 was terminated by FDACS because of internal payment
issues by FDACS. Agreement No. 025118 corrects FDACS internal processing issues
by changing the recipient’s name from Palm Beach County to Palm Beach County,
acting on behalf of Palm Beach County Mosquito.
All other terms of Agreement No. 024757 remain the same in Agreement No.
025118. Countywide (AH)
4. Staff recommends
motion to:
A) accept Purchase Order No. B2A889 from the Department of
Health (DOH) providing for domestic mosquito control services in the effort to
mitigate the spread of the Zika virus;
B) approve budget amendment of $325,000 in the General Fund to recognize
DOH funding for Purchase Order No. B2A889; and
C) authorize Office of Financial Management & Budget
(OFMB) to administratively amend the budget to recognize funding associated
with purchase orders received from the State of Florida DOH for mitigating the
spread of the Zika virus.
SUMMARY:
DOH has issued a Statement
of Work 17-180 (SOW) and Purchase Order No. B2A889 for Palm Beach County
Mosquito Control to provide domestic mosquito control services for the
mitigation of the Zika virus. ERM is
anticipating additional purchase orders. The time and amount of future purchase
orders are uncertain as previous purchase orders have been issued monthly;
therefore, ERM is requesting OFMB’s authorization to administratively amend the
budget. All purchase orders must be
completed in the time and manner specified in the SOW. Allowable expenses
include backpack sprayers and pesticides, barrier spray (Adulticide and
Larvicide), and mosquito surveillance supplies used for biological and chemical
control of larval and adult mosquitoes. Countywide (AH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: following original executed Independent
Contractor Agreement:
Palm Beach County Officials Association,
Inc., Youth Basketball League, Westgate Recreation Center, for the period of
February 17, 2018 through May 5, 2018.
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. This Independent Contractor Agreement has
been fully executed on behalf of the Board of County Commissioners (Board) by
the 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 is now being submitted by the Board to receive and
file. District 7 (AH)
2. Staff recommends
motion to receive and file: following original executed Amphitheater Rental Agreement:
Grand Slam Events, Jupiter Seafood Festival,
Seabreeze Amphitheater, for the period March
1, 2018, through March 5, 2018.
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. The Amphitheater Rental Agreement has been fully executed on behalf of
the Board of County Commissioners (Board) by the Director of the Parks and
Recreation Department in accordance with Resolution 2009-0335, amended by
Resolutions 2009-1807, 2012-1715, and 2014-0166 and is now being submitted to the Board to receive
and file. This program is part of a
balanced schedule of events which promote the quality of life in the
communities we serve. An estimated
15,000 people attended the event produced under the Amphitheater Rental
Agreements. District 1 (AH)
3. Staff recommends motion
to receive and file: following original executed Entertainment Contractor Agreements
for four community events:
A) Peter Sarfati, Solid Brass, Seabreeze
Amphitheater, on February 14, 2018;
B) Richard Smith, Big City Dogs, Canyon Amphitheater, on February 17, 2018;
C) Richard Benjamin,
The Fabulons, Canyon Amphitheater, on March 17, 2018; and
D) Blackwood Productions LLC, The Fabulous
Fleetwoods, Canyon Amphitheater, on April 21, 2018.
SUMMARY: The Parks and Recreation Department produces cultural activities to
promote the quality of life in the communities it serves. The Parks and Recreation Department produced
three popular cultural events at Canyon Amphitheater and one popular cultural
event at Seabreeze Amphitheater. These
events were attended by an estimated 1,800 people and generated positive
support and goodwill for the County. A
sponsorship from GL Homes offset the expenses of the concerts at the Canyon
Amphitheater. 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.
The Entertainment Contractor Agreements have been fully executed on
behalf of the Board of County
Commissioners (Board) by the Director
of the Parks and Recreation Department in accordance with Resolution 2008-1109,
amended by Resolutions 2010‑0644, 2014-0168 and 2017-1367, and are now
being submitted to the Board to receive and file. Districts 1 & 5 (AH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to approve: month-to-month boat slip lease and service agreement and Addendum to
lease and service agreement with Seven Kings Management, Inc., a Florida
corporation for and on behalf of the City of Riviera Beach for $704.00 per
month. SUMMARY: The Parks and Recreation Department is
responsible for the operation and maintenance of Peanut Island Park, which is
only accessible by County staff via boat. The
Parks and Recreation Department has been renting a boat slip at the Riviera
Beach Marina since 1999. In 2016, the City of Rivera Beach entered into a
management agreement with Seven Kings Management, Inc. to manage the Marina
necessitating a revised contract and lease agreement with Seven Kings
Management, Inc. Our current rental rate
is $534.34 per month and has not increased since 2003. Under Seven Kings
Management Inc., the rent will increase to $704.00 per month. The agreement term
is month-to-month and is revocable by 90 day notice to Seven Kings Management,
Inc. The City of Riviera Beach
Marina meets requirements with regard to proximity and travel distance from
Peanut Island Park, boat slip size, accessibility, parking, utilities,
gasoline, security, and price. There are no adequate land based County owned
boat slip facilities nearby that provide the essential services available at
the City of Riviera Beach Marina. District 1 (AH)
5. Staff recommends
motion to:
A) approve Project Cooperation Agreement with O.B.
Pioneer Park, LLC (OBLLC) for the design, permitting and construction of an
Orange Bowl Field at Glades Pioneer Park;
B) approve Escrow Agreement with OBLLC and Sharon R.
Bock in the amount of $1.5 million for the County’s 50% financial match of the
project cost; and
C) approve $1,500,000 budget transfer from the General
Fund Contingency Reserve to the Orange Bowl Field at Glades Pioneer Park Project
budget.
SUMMARY: On March 13,
2018, the Board adopted resolution R2018-0331 authorizing: 1) the acceptance of
a donation of goods and services, with conditions, from the Orange Bowl
Committee for the Orange Bowl Legacy Gift at Glades Pioneer Park; 2) finding
that an emergency exists and it is in the public’s interest to waive the
Consultant’s Competitive Negotiations Act and competitive bidding selection
requirements; and 3) authorized the County Administrator, or designees, to
negotiate a Project Agreement with the Orange Bowl Committee for the design and
construction of park improvements at Glades Pioneer Park. For the past several
weeks, staff has negotiated a Project Cooperation Agreement with the OBLLC that
allows for the OBLLC to donate $1.5 million towards a renovation project at
Glades Pioneer Park provided that the County contribute a matching amount and
agree to name the field “Orange Bowl Field at Glades Pioneer Park”. The term of
the Project Cooperation Agreement is April 10, 2018 until December 15, 2018 or
six months after the approval of 100% of the Construction Documents, whichever
is later. Staff has also negotiated with the OBLLC and the Clerk &
Comptroller on an Escrow Agreement for the disbursement of County funds towards
the project with Clerk and Comptroller, Sharon R. Bock, serving as Escrow
Agent. The Escrow Agreement requires that the County and the OBLLC each
indemnify the Clerk and Comptroller, serving as Escrow Agent, 50% equally,
against any costs, claims or actions the Escrow Agent may incur as a result of
the Escrow Agreement, except for any acts or omission that constitutes willful
misconduct, bad faith, breach of fiduciary duty, gross negligence or fraud by
the Escrow Agent. The County’s Parks and Recreation and Facilities Development
and Operations Department’s design standards will be adhered to throughout the
project and are included as part of the Project Cooperation Agreement. Both parties have agreed that $70,000 of the
project funds will be set aside for ongoing monthly specialized maintenance of
the synthetic athletic turf for 48 months following project conclusion. District 6 (AH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) approve agreement with the Palm Beach County
School Board to implement the Summer Food Services Program for children at all
Palm Beach County Library System branches from June 4, 2018 through August 3,
2018, excluding holidays and weekends; and
B) authorize
the County Administrator or designee to execute this Agreement and similar
agreements with the School Board for future Food Service Programs for children
up to the age of 18 if the program is deemed successful.
SUMMARY: The
School Board Summer Food Service provides meals to all children in approved
geographical areas of need where 50 percent or more of the children qualify for
free and reduced price meals during the school year. All children 18 years and
under are eligible for nutritious lunch meals and an afternoon snack. The
service is conducted by the Palm Beach County School Board School Food Service
who will serve lunch in the meeting rooms of the selected Palm Beach County
Library System locations. Summer Food Services staff members are responsible
for delivery, distribution, and clean up during the lunch program. The School
Board will leave snack items to be shared in the late afternoon from the
Children’s Services desks in the library for children 18 years and under. In the
summer of 2017, a total of 10,237 lunches and 10,675 snacks were served at
seven participating Palm Beach County Library System locations and the Mandel
Library of West Palm Beach. Countywide (AH)
2. Staff
recommends motion to:
A) approve agreement with the Palm Beach County
School Board to coordinate efforts to increase adult literacy learners’ access
to resources and instructors across Palm Beach County from June 1, 2018 through
July 31, 2020; and
B) authorize
the County Administrator, or designee, to execute substantially similar agreements with the Palm Beach County School
Board in the future if this initial agreement
is continued in subsequent fiscal years.
SUMMARY: The
Palm Beach County Library System and the Palm Beach County School Board provide
complementary services to adult literacy learners, serving both native English
speakers seeking to increase reading comprehension and those seeking to learn
English as a second language. This agreement would result in the School Board
providing Palm Beach County Library tutor/student teams access to the School
Board’s Delray Full Service Center and Adult Education Center in West Palm
Beach. It will allow library program
students living in the West (Glades) Area to enroll in the School Board’s Adult
Education literacy services including assessments, with fees waived for
services and office supplies needed by School Board instructors in the West
Area. In exchange the Library System will add Burlington English software to
Library public access computers, provide advanced reservation access to the
Belle Glade Branch Library study rooms, and provide avenues for improved
information sharing to support literacy efforts in Palm Beach County. Countywide
(AH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
R. HUMAN RESOURCES
1. Staff recommends
motion to approve: Contract with NMS Management Services, Inc., to provide drug and alcohol testing services for Palm Beach County’s
employee drug and alcohol testing program, at an annual cost of $41,450. SUMMARY: NMS Management Services,
Inc. will provide drug and alcohol testing for Palm Beach County applicants and
employees in safety-sensitive positions, as required under the Omnibus
Transportation Employee Testing Act of 1991. Services shall commence on May 1,
2018, for a term of five years, at an annual cost of $41,450. Countywide (DO)
S. FIRE RESCUE
1. Staff recommends
motion to receive and file:
fully executed standard Interlocal Agreements for Swimming Lessons for
FY 2018 with:
A) Village of Wellington; and
B) City of West Palm Beach.
SUMMARY: On September 27, 2005, the Board
adopted Resolution Number R2005-1906 authorizing the County Administrator, or
designee (the Fire Rescue Administrator), to execute standard agreements with
municipalities and independent contractors to provide swimming lessons to
members of the public through the Palm Beach County Drowning Prevention
Coalition’s Learn to Swim Program. These standard Interlocal Agreements have
been fully executed by the Fire Rescue Administrator, and are now being
submitted to the Board as a Receive and File agenda item in accordance with
Countywide PPM CW-O-051 for the Clerk and Comptroller’s Office to receive and
file. Countywide (SB)
2. Staff recommends
motion to receive and file: fully executed standard Independent
Contractor Agreement for Swimming Lessons for FY 2018 with The Young Men’s
Christian Association of the Palm Beaches, Inc.
SUMMARY: On September 27, 2005, the Board adopted
Resolution Number R2005-1906 authorizing the County Administrator, or designee
(the Fire Rescue Administrator), to execute standard agreements with
municipalities and independent contractors to provide swimming lessons to
members of the public through the Palm Beach County Drowning Prevention
Coalition’s Learn to Swim Program. This standard Interlocal Agreement has been
fully executed by the Fire Rescue Administrator, and is now being submitted to
the Board as a Receive and File agenda item in accordance with Countywide PPM
CW-O-051 for the Clerk and Comptroller’s Office to receive and file. Countywide
(SB)
APRIL
10, 2018
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (Cont’d)
3. Staff recommends
motion to:
A) ratify FY 2017 Fire
Prevention and Safety (FPS) grant
application electronically submitted to the U.S. Department of Homeland
Security’s (DHS), Federal Emergency Management Agency (FEMA) on March 15, 2018,
requesting $209,172 to fund 95% of the purchase and distribution of 3,000 smoke
and carbon monoxide alarms, for a term beginning three years from the date of
award; and
B) authorize the County
Administrator, or designee (Fire Rescue Administrator), to act as the County’s
representative for the purpose of electronically signing and submitting the FY
2018 FPS grant application,
including Applicant Acknowledgements, and Assurances and Certifications via the
DHS FEMA website.
SUMMARY: This grant application requests $209,172 from DHS FEMA for the purchase
and distribution of 3,000 smoke and carbon monoxide alarms through Fire
Rescue’s Family Fire Risk Reduction Program. The total project cost identified
in the grant application is $219,630. The required match for this grant is
$10,458 (5% of the federal share), which will be funded from Fire Rescue’s
contingency reserve and has been included in the FY 2018 budget. Fire Rescue’s
Family Fire Risk Reduction Program is a fire safety education and smoke and
carbon monoxide alarm installation program. The program distributes
multi-lingual fire safety education materials and installs smoke and carbon
monoxide alarms to high risk families through outreach programs, presentations,
community door to door canvasing events, and other individual inquires to Fire
Rescue’s Community Education Section. The objectives of the program are to;
educate residents on home fire safety and prevention methods, and inform public
of the risks of smoke inhalation, fire dangers, and carbon monoxide poisoning.
The goals of the program are to: increase the number of homes that have smoke
and carbon monoxide alarms installed, reduce the number of fire-related and
other hazard-related injuries, and prevent the loss of life from residential
fires. Countywide (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: Task Order No. 1 with BAE Systems
Inc. to locate and provide Global Positioning System (GPS) coordinates of features
within Palm Beach County’s water distribution system and wastewater collection
system for a not to exceed amount of $500,000. SUMMARY: Palm Beach
County Water Utilities Department (PBC WUD) requires professional surveying
services to locate and provide GPS coordinates of features within the water
distribution system as well as the wastewater collection system in Water &
Wastewater Zones 1, 2, 3, 4, 5 and 6. PBC WUD desires to use an approach
that delivers the most value in terms of quality, schedule and cost. The
collected GPS coordinates will assist PBC WUD with realigning valves, fire
hydrants and manholes within its utility service area to an accurate field
location based on surveying above ground assets. The improved accuracy
will enhance PBC WUD’s ability to efficiently locate utility assets, improve
cost estimates of capital improvement projects and locate assets with a high
degree of accuracy. BAE SYSTEMS will work with the PBC WUD to develop a
mutually agreeable pilot area delivery schedule for all six Zones. Countywide
(DCB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
2. Staff recommends
motion to approve:
A) Addendum Agreement FL17-1861-03 to
Pricing Schedule Agreement, FL10-1778-00 for AT&T Switched
Ethernet Service, R-2010-0666 required to provide improved service
offerings from AT&T to allow for the continued upgrade of the County’s
NG911 network; and,
B) Special Service Arrangement Agreement
(SSA) FL17-1424-04 with AT&T for enhanced E911 transport equipment to
allow for the continued upgrade of the County’s NG911 network
SUMMARY: These
agreements will allow County Public Safety, 911 Division, to continue to modernize
and enhance the E911 network to serve the citizens of Palm Beach County. The
Addendum Agreement (FL17-1861-03) will allow the County to move certain
E911 circuits to AT&T due to the elimination of this circuit offering by
the current provider, State of Florida MyFlordaNetwork (MFN). The Special
Service Arrangement Agreement (FY17-1424-04) will allow the County to complete
the service re-engineering plan for the E911 network under a single service
provider. Together, these agreements and the service reconfiguration
could potentially save over $500,000 per year in 911 service costs. The
continued implementation of the NG911 network developed and administered by the
Public Safety and Information Systems Services Departments will rely on the
provisions and capabilities provided in these agreements. These
agreements will be appended to the existing AT&T Master Agreement,
#201004050310UA, approved by the Board of County Commissioners on April 10,
2010 (R2010-0666). Countywide (DCB)
3. Staff recommends
motion to approve: Management Control Agreement (MCA)
between the Palm Beach County Board of County Commissioners (County) and the
State Attorney’s Office, 15th Judicial Circuit (SAO) as required by the U.S.
Department of Justice, Federal Bureau of Investigation Criminal Justice
Information Systems (CJIS) Security Policy.
SUMMARY: ISS provides various data transport and network
services used to operate SAO systems, including access to the National Crime
Information Center (NCIC) and the Florida Crime Information Center
(FCIC). The CJIS Security Policy requires that a formal MCA be entered
into with any non-criminal justice agency, such as ISS, having access to NCIC
and/or FCIC, criminal history and criminal justice information. Countywide
(DCB)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) approve Criminal History Record User Agreement (User Agreement) and Agency Contact Form for
Non-Criminal Justice Purposes with the Florida Department of Law Enforcement
(FDLE) Criminal Justice Information Services (CJIS) which authorizes the
Department of Public Safety Division of Consumer Affairs (DCA) to process
“level 2” criminal history background checks on vehicle for hire (VFH) drivers
through FDLE’s databases;
B) authorize County Administrator, or designee, to sign future User Agreements and
Agency Contact Forms including amendments and renewals with the FDLE CJIS for
“level 2” criminal history background checks for the VFH and Home Caregiver
ordinances administered by the DCA;
C) approve
Volunteer & Employee Criminal History System (VECHS) Application for
Qualified Entities which authorizes the DCA to process “level 2” criminal
history background checks on home caregivers through FDLE’s databases; and
D) authorize
County Administrator, or designee, to sign future VECHS applications, user
agreements, amendments and/or renewals for criminal history background checks
on home caregivers with the FDLE.
SUMMARY: The DCA received a request from
the FDLE to sign a new User Agreement to enable DCA to process “level 2”
criminal history background checks on vehicle for hire drivers by using live
scan technology to submit fingerprints to the FDLE and Federal Bureau of
Investigation (FBI) databases. The new User agreement includes non-substantive
changes compared to the agreement currently in place, which was approved by the
Board of County Commissioners on August 19, 2014 (R2014-1214). The User
agreement outlines the responsibilities of both parties to include retention of
applicant fingerprints, notification program, privacy, and security. Alternatively, DCA also uses the VECHS
program to administer “Level 2” criminal background checks on home caregivers
by using the same live scan technology to submit fingerprints to the FDLE and
Federal Bureau of Investigations (FBI) databases. DCA received a request from
the FDLE to sign a new VECHS application. The updated VECHS application was
requested by FDLE to re-evaluate DCA’s justification to be an approved user
through the VECHS program. Subsequently,
if the VECHS application is denied, DCA will request approval to process “level
2” background checks on home caregivers through the non-VECHS program to
resemble the process used for vehicle for hire drivers. FDLE instructed DCA to
follow this administrative process. Countywide (LDC)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to receive and file: four Grant Adjustment Notice
(GAN) numbered 31, 32, 33, and 34, with the US Department of Justice (DOJ),
Office on Violence Against Women (OVW), Grants to Encourage Arrest Policies and
Enforcement of Protection Orders Program (GTEA) (2014-WE-AX-0011), which
facilitated administrative filing and approvals through February 16, 2018.
1. GAN #31: Hold Funds;
2. GAN #32: Release Funds;
3. GAN #33: Duplicate to GAN #30 Work Product Approval;
and
4. GAN #34: Remove Special Condition #42 (HIV
Certification) for compliance.
Summary: As per grant guidelines, certain
expenditures and work product require approval from the OVW GTEA grant
manager. The approval process is
facilitated by drafting a GAN and submitting it through the OVW’s Grant
Management web portal. GAN #31 placed a
hold on funds due to delinquent financial reports. This was an error due to the previous grant
manager providing an incorrect date of grant close-out. GAN #32 released the funds as all Financial
Status Reports had been submitted and all financial reporting requirements were
met. GAN #33 is a duplicate of GAN #30,
that was received and filed on February 6, 2018, (R2018-0183) which facilitated
approval of producing a 7-point response card specifically for law enforcement
to assist with response to sexual assault cases. GAN #34 removed special
condition #42 as HIV certification was provided for compliance. R2014-1633
authorized the County Administrator, or designee, to execute future awards,
contract, sub-recipient agreements and sub contracts and
amendments/modifications utilizing funding from the DOJ, OVW on behalf of the
Board of County Commissioners. Countywide
(LDC)
3. Staff recommends
motion to receive and file: term purchase order (B20D51) for $500,000
for contractual reentry services from the Florida Department of Corrections
(FDC) for the service period of November 1, 2017 through June 30, 2018. Summary: The FY2017-18 General Appropriations Act
provided $500,000 in non-recurring general revenue funds to the Palm Beach
County Board of County Commissioners.
The funding is for reentry services (case management, support services,
transitional housing, substance abuse and mental health treatment, etc.) for
former inmates and offenders returning to Palm Beach County from the FDC
through the Regional and State Transitional Offender Reentry (RESTORE)
Initiative. Administrative issues have
caused a delay in the processing of this item. No county matching funds are required for this grant. Countywide (LDC)
4. Staff recommends
motion to receive and file: approved Florida
Department of Health Emergency Medical Services (EMS) Section, Grants Unit
Change Request in the amount of $9,459.91 for EMS Grant ID Code C6050 to
improve and expand EMS systems for the period December 20, 2017 through January
31, 2019. Summary: The
County was awarded $201,688 during the FY 2017-18 grant cycle from the State of
Florida Department of Health, Bureau of EMS, to improve and expand the EMS
systems. Unspent balance of $6,940.62 from the previous FY 2016-17 grant cycle,
Grant ID Code C5050, plus interest earned of $2,519.29 for a sum total of
$9,459.91 will roll over into the FY 2017-18 grant cycle, Grant ID Code C6050
bringing the total to $211,147.91. The
grant funding may be used by the County or municipal agencies to purchase EMS
equipment or provide training. On December 5, 2017, R2017-1847 authorized the
County Administrator to sign the Grant Budget Change Request form for the EMS
County Grant Award funds. There is no ad valorem funding required.
Countywide (LDC)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
5. Staff recommends
motion to approve: contract for consulting/professional
services with The Lord’s Place, Inc. for a not-to-exceed contract amount of
$30,000 to provide transitional housing services for the Family Drug
Court/Dependency participants for a contract term April 10, 2018 through
September 30, 2021. Summary: The Division of Justices Services, in
conjunction with the Fifteenth Judicial Circuit and other collaborators
operates the Family Drug Court program. The Family Drug Court program is a
rehabilitation program designed to identify, case manage, drug test, and
provide outpatient and inpatient substance abuse treatment services to
substance abusing parents of abused and neglected children. This contract will
provide Family Drug Court client(s) being discharged from residential treatment
who need housing to enter either Burkle Place or Halle Place. These facilities
provide the only housing available to family units for substance abusing
indigent citizens and are managed by The Lord’s Place, Inc. It will offer
short-term housing with a goal for the client to obtain stable employment and
housing that supports reunification. Countywide (LDC)
Z. RISK MANAGEMENT
1. Staff recommends
motion to:
A) ratify the signature of the Mayor on the Memorandum of Understanding For
Driver’s License and/or Motor Vehicle Record Data Exchange; and
B) delegate
to the County Administrator, or designee, signature authority to execute any
future renewals, addendums or other documents related to this Memorandum of
Understanding.
SUMMARY: The Memorandum of Understanding For Driver’s
License and/or Motor Vehicle Record Data Exchange with the Florida Department
of Highway Safety and Motor Vehicles allows the County, through its Risk Management
Department, to continue to ensure only authorized drivers with valid licenses
are allowed to operate County vehicles. This is to ensure the safety of County
employees and the general public. The record data exchange provides an
automated file from the State to the County on a weekly basis. The file
contains information on each authorized driver including notification of an
invalid license, and the reason why a license has been suspended or revoked. A
newly executed document is required by the State of Florida every three years
as a condition of continuing the Driver’s License and Motor Vehicle Record Data
Exchange with the County under the provisions of the Driver’s Privacy
Protection Act, which protects the personal information contained within the
files. Countywide (HH)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff
recommends motion to:
A)
approve electronic submittal
of the Fiscal Year 2018 Certifications and Assurances to the Federal Transit
Administration (FTA);
B) authorize the County Administrator or designee to
electronically execute and file the required Certifications and Assurances on
behalf of the Board of County Commissioners (BCC) and to bind the BCC’s
compliance with the Certifications and Assurances; and
C) approve FTA Master Agreement FTA MA (24) dated
October 2, 2017.
SUMMARY: On February 26, FTA released the FY2018
list of Certifications and Assurances.
The annual list of Assurances covers 21 categories such as Lobbying,
Alcohol and Controlled Substances Testing, Seniors and Individuals with
Disabilities Programs, Non-Discrimination, DBEs and Hiring Preferences. FTA requires grantees to submit
Certifications and Assurances within 90 days of publication. Submitting the assurances to the FTA,
signifies the County’s commitment to comply with the pre-award requirements
that apply to any award the County pursues during FY2018. The FTA also requires an affirmation from the
applicant's attorney that the applicant has authority to make and comply with
the Assurances. The FTA Master Agreement
MA (24) contains the standard terms and conditions for an award of federal
assistance administered by the FTA and supersedes the previous FTA MA (23)
dated October 1, 2016. These documents do not allocate any funding or pledge
any county funds. Countywide (DR)
2. Staff recommends
motion to approve: contract amendment increasing the not to exceed
amount to $125,000 with Fisher & Phillips, LLP for specialized professional
services in the area of collective bargaining agreement negotiations and
related labor and employment matters. SUMMARY:
Palm Tran has employees represented by two labor unions, the Service
Employees International Union (SEIU) and the Amalgamated Transit Union (ATU)
Local 1577. Fisher & Phillips, LLP provides representation, on an as needed
basis, in the areas of collective bargaining negotiations, terminations,
arbitrations and labor issues. Due to the volume of matters generated by the
two labor unions, Palm Tran needs to execute a contract amendment increasing
the not to exceed amount of the contract from $75,000 to $125,000 in order to
allow for the continued utilization of the professional services provided by
Fisher & Phillips. The amendment takes effect upon Board approval. The
termination date of the original agreement is September 30, 2019 with two
one-year renewal options. Countywide (DR)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) receive and file First Amendment to
the Interlocal Agreement, dated February 22, 2018, with the Port of Palm Beach
on behalf of the Palm Beach County Sheriff’s Office to provide an additional
$150,000 in grant funds for the Port Security Program and likewise to extend
the current project period from August 31, 2017 to August 31, 2018; and
B) approve budget
amendment in the amount of $150,000 in the Sheriff’s Grant Fund.
SUMMARY: The Board of
County Commissioners accepted this grant award for $22,500 on May 2,
2017(R2017-0593). This First Amendment to the Interlocal Agreement will provide
an additional $150,000 in reimbursable funding to support equipment expenses to conduct training
exercises at the Port. There is a $50,000 cash match associated with this award
which will be provided through our Law Enforcement Trust Funds. Countywide
(LDC) Countywide (LDC)
2. Staff recommends
motion to:
A) receive and file Grant Modification 4, dated March 7, 2018, with the Office of National
Drug Control Policy to provide an additional $36,619 in grant funds for the
Palm Beach County Narcotics Task Force; and
B) approve budget amendment
of $36,619 in the Sheriff’s Grant Fund.
SUMMARY: The Board of
County Commissioners (BCC) accepted this grant award for $90,354 on March 14,
2017(R2017-0355). On August 15, 2017, the BCC accepted Grant Modification #1,
which provided an additional $67,331 in reimbursable funding to support
additional overtime expenses and equipment costs (R2017-1089). On October 17,
2017, the BCC accepted Grant Modifications #2 and Grant Modification #3 which
combined provided an additional $50,000 in reimbursable funding to support
operating expenses. This Grant Modification #4 will provide an additional
$36,619 in reimbursable funding. There is no match requirement
associated with this award.
3. Staff recommends
motion to:
A) accept on
behalf of the Palm Beach County Sheriff’s Office, a High Intensity Drug
Trafficking Area (HIDTA) Program grant in the amount of $47,639 for the Palm
Beach Narcotics Task Force, for the period of January 1, 2018 through December
31, 2019; and
B) approve budget amendment
of $47,639 in the Sheriff’s Grant Fund.
SUMMARY: On March 7, 2018,
the Palm Beach County Sheriff’s Office (PBSO) received an award from the Office of National
Drug Control Policy. The funds
will be used for overtime reimbursement and other expenses associated with the
Palm Beach Narcotics Task Force. There is no match
requirement associated with this award. Countywide (LDC)
APRIL 10, 2018
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a Grant Award for the
FY2018 Statewide Criminal Analysis Laboratory System Project between the Florida Department of Law Enforcement and
the Palm Beach County Sheriff’s Office for the period of October 1, 2017
through September 30, 2018; and
B) approve budget amendment of $412,014 in the
Sheriff’s Grant Fund.
SUMMARY: The Florida Department of
Law Enforcement provides state financial assistance to five locally-funded
laboratories in the State of Florida, including Palm Beach County. The Palm Beach County Sheriff’s Office
operates the Palm Beach County Crime Laboratory. This grant award provides
funding for personnel, equipment, training, and expenses to operate the Crime
Lab. There is no match requirement associated with this award. Countywide
(DC)
5. Staff recommends
motion to approve: budget amendment of $3,293,988 in the General Fund
to recognize the federal allocation received by the Palm Beach County Sheriff’s
Office under the Fiscal Year 2017 Presidential Residence Protection Assistance
Grant (PRPA). SUMMARY: On December 20, 2017, the Palm Beach County
Sheriff’s Office received a federal grant award from the U.S. Department of
Homeland Security/Federal Emergency Management Agency as reimbursement for the
extraordinary law enforcement personnel costs incurred for protection
activities directly associated with the designated residence of the President
during the period January 21, 2017 through September 30, 2017. There is no
match requirement associated with this award.
No new positions are needed. Countywide
(LDC)
DD. WESTGATE/BELVEDERE
HOMES COMMUNITY REDEVELOPMENT AGENCY
1. Staff recommends
motion to approve:
resolution to endorse the Local Initiatives Program (LI) grant funding
for the Westgate Belvedere Homes Community Redevelopment Agency (Westgate CRA)
to install Complete Streets elements in the Westgate Avenue Corridor by
providing bike lanes, street trees, pedestrian scale lighting and on street
parking in certain areas (Project). SUMMARY: Approval of this resolution will comply with
a Palm Beach County Transportation Planning Agency requirement, that for
federally funded projects, a resolution is necessary to establish the local
agency’s commitment to construct, operate and maintain the project. Since Palm
Beach County (County) is a certified agency for the Local Agency Program, the
Westgate CRA has requested the County’s endorsement and support of the project.
The Westgate CRA will be responsible for the design through construction and
maintenance, with the County’s (Engineering Department) endorsement. District
7 (RPB)
2. Staff recommends
motion to approve:
resolution to endorse the Transportation Alternatives Program grant
funding for the Westgate Belvedere Homes Community Redevelopment Agency
(Westgate CRA) to install sidewalks and streetlights in the Belvedere Heights
neighborhood Phase 2 Project (Project). SUMMARY: Approval of this resolution will comply with
a Palm Beach County Transportation Planning Agency requirement, that for
federally funded projects, a resolution is necessary to establish the local
agency’s commitment to construct, operate and maintain the project. Since Palm
Beach County (County) is a certified agency for the Local Agency Program, the
Westgate CRA has requested the County’s endorsement and support of the project.
The Westgate CRA will be responsible for the design through construction and
maintenance, with the County’s (Engineering Department) endorsement. District
2 (RPB)
* * * * * * * * * * * *
APRIL 10, 2018
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. HOUSING
AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to:
A) approve application of Tuscan Gardens of Delray Beach Properties, LLC for the
issuance of the County’s tax-exempt and/or taxable Revenue Bonds, Series 2018
(the Bonds), in an aggregate principal amount not to exceed $32,755,000;
B) conduct Tax Equity and Fiscal Responsibilities Act (TEFRA) public hearing
pursuant to Section 147(f) of the Internal Revenue Code, as amended concerning
the proposed issuance of one or more series of Revenue Bonds in an aggregate
principal amount not to exceed $69,000,000; and
C) adopt resolution of the Board of County Commissioners of Palm Beach County,
Florida, authorizing the issuance of the County's tax-exempt and/or taxable
Revenue Bonds, Series 2018, in the aggregate principal amount not to exceed
$69,000,000 for the purpose of providing funds to make a loan to Tuscan Gardens
of Delray Beach Properties, LLC and/or any one or more affiliates thereof (the
"Obligated Group") to provide funds to finance, refinance, or
reimburse all or a portion of the costs of: (I) developing approximately 7.57
acres of land in unincorporated Palm Beach County, Florida near Delray Beach,
Florida to serve as an assisted living and memory care rental community for
seniors known as Tuscan Gardens of Delray, consisting of approximately 130
total units of senior housing, including 80 assisted living units and 50 memory
support units (the “Project”); (II) funding capitalized interest on the Bonds;
(III) funding certain pre-development costs of the Project; (IV) funding debt
service reserve; (V) refunding the County’s taxable revenue bonds (Tuscan
Gardens of Delray Beach Project) Series 2017; and (VI) funding the cost of
issuance for the Bonds; authorizing the execution and delivery of a loan
agreement with the Obligated Group and a trust indenture; awarding the sale of
the Bonds by a negotiated sale; authorizing officials of the County to take
certain action in connection with the issuance of the Bonds; making certain
other covenants and agreements in connection with the issuance of the Bonds;
and providing an effective date.
SUMMARY: The Obligated Group has requested the County issue tax-exempt and/or
taxable Revenue Bonds in an amount not to exceed $69,000,000, inclusive of
$36,245,000 from an application approved by the Board of County Commissioners
pursuant to a TEFRA public hearing on December 20, 2016 and $32,755,000 from
the 2018 application. Bond proceeds will
be used to: finance, refinance, or reimburse all or a portion of the costs of
the acquisition, construction, pre-development, development, installation and
equipping of a senior living facility and the underlying land, including
related facilities, fixtures, furnishings and equipment, to be located on
approximately 7.57 acres at the southwest corner of the intersection of Frost
Lane and Sims Road near Delray Beach in unincorporated Palm Beach County,
Florida 33484; fund capitalized interest on the Bonds; fund certain
pre-development costs of the Project; refund the County’s taxable revenue bonds
issued on December 15, 2017; and fund the cost of issuance for the Bonds. 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 5
(DB)
APRIL 10, 2018
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. PALM TRAN
1. Staff
recommends motion to:
A) approve filing of
the Section 5339 Federal Transit Administration (FTA) electronic Grant
Application for $1,616,858 in capital funds allocated to Palm Beach County
Board of County Commissioners (BCC) in FY2017;
B) approve filing of
Standard Form LLL - Disclosure of Lobbying
Activities;
C) authorize
the County Administrator or designee to electronically execute, on behalf of
the BCC, and to transmit electronically the BCC’s approval of the grant
application, award, and the resulting grant agreement; and
D) approve upward budget amendment of $65,977 in Palm Tran’s Grants
Fund 1341 to recognize the grant award.
SUMMARY: The
FTA distributes Section 5339 funds to provide public transportation capital
grants to assist financing capital projects for bus and bus facilities that
will benefit the nation’s transit systems.
The grant will fund a portion of the construction for the expansion of
Palm Tran’s South County administrative and maintenance facility, which is
currently at full capacity. The current
estimated project cost is $25 million and is expected to be completed in late
2019. On November 5, 2013, the BCC approved the acquisition of the land to
expand the existing facility (R2013-1609). The project will increase space for
administration, training/orientation and provide additional parking for buses
and employees. The final planning
approval is estimated to be completed in June 2018, and the projected
construction completion date is projected for December 2019. Execution of the FTA award represents the
County’s legal affirmation to abide by FTA and other federal requirements as
described in The Master Agreement FTA MA (24) dated
October 1, 2017, submitted for Board approval on April 10, 2018 under item
3AA-1. The grant requires a 20%
local match, which is being met by the use of toll revenue credits “soft match”
provided by the Florida Department of Transportation. The grant also requires
execution of a Standard Form LLL - Disclosure of Lobbying Activities. No
County funds are required. Countywide
(DR)
* * * * * * * * * * * *
APRIL 10, 2018
A. ADMINISTRATION
1. Staff recommends
motion to approve: Interlocal
Agreement among Palm Beach County
(County), the City of West Palm Beach (City), and the School Board of Palm
Beach County (School Board) for Certification of Small and/or Minority/Women-Owned
Business Enterprises to simplify the certification process and reduce the
volume of paperwork required of small and minority/women-owned business
enterprises (SBEs and M/WBEs). SUMMARY: The County, City and School Board wish to
enter into an agreement for certification of SBEs and M/WBEs to simplify the
certification process. Each agency will accept the certification of SBEs and
M/WBEs by the other agencies, except where differences in support documentation
and domicile requirements occur. In the case
of discrepancies in required support documentation, the agencies have agreed to
the use of a coversheet that will explain what, if any, additional documents
will be required by the other agencies. There
will be no additional cost to the County to implement this program. Countywide
(HH)
2. Staff recommends
motion to approve: amendment to the Interlocal Agreement with the Palm Beach
Metropolitan Planning Organization d/b/a the Palm Beach Transportation Planning
Agency (TPA) for Staff and Services to extend the term of the Agreement from
September 30, 2018 to September 30, 2019. SUMMARY: On March 12, 2013,
Palm Beach County and the TPA entered into an Interlocal Agreement for Staff
and Services. This Amendment revises the
current agreement (R2013-0211) between the TPA and the County by extending the
term of the Agreement from September 30, 2018 to September 30, 2019, and
granting to the TPA, the option to extend the term of the Agreement for up to
two additional one year periods These modifications were requested by the TPA
to accommodate the TPA’s exploration of the transition to an agency that would
no longer be hosted by the County. In
the event the governmental entities making up the TPA (i.e., the county,
municipalities and the port) agree to provide a portion of the financial
contributions necessary for the operation of the TPA, the compressed term of
the Agreement should allow for an easier cessation of services, facilitate the independence
of the TPA, and the termination of the Agreement. The Amendment also terminates
the TPA’s relationship with the County Attorney’s Office, without the necessity
for action by either party, upon contract with outside counsel. This
modification was requested by the County Attorney. At the February 15, 2018 TPA
Governing Board meeting, the TPA Board approved the Amendment to the Interlocal Agreement for
Staff and Services between Palm Beach County and the Palm Beach Metropolitan
Planning Organization. Countywide (DR)
B. PLANNING, ZONING & BUILDING
1. Staff requests
motion to approve: four positions for the Building Division to
be utilized in Contractors Certification Division as follows: three Senior
Clerk Typists and one Field Investigator. Building Division will be funding the
four positions. SUMMARY: The four new
positions will focus on State Contractors registration and unlicensed
contractors. The proposed positions will reside within the Contractors
Certification Division to support the Building Division permitting and
regulatory enforcement. This would include registering and maintaining current
licensing information for State Certified Contractors applying for permits in
unincorporated Palm Beach County and to conduct investigation and enforcement
of complaints relating to State Certified and unlicensed contractors. The
additional staff would enhance and improve customer service. Two thirds of the
contractors currently registered with the County are State Licensed
contractors. Pursuant to Florida Statutes, the registration of these
contractors can be funded with permit fees from the Building Division. In
addition, Florida law authorizes permit fees to be utilized to fund
investigation and enforcement activity relating to State Certified and
unlicensed contractors. Countywide (AH)
APRIL 10, 2018
5. REGULAR AGENDA
C. HOUSING
AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to:
A) approve acquisition of four parcels of land
(Parcels) and the adjacent drainage easement in the Brooks Subdivision site,
located in the City of Riviera Beach;
B) delegate authority to the County Administrator, or
designee, to execute all actions and documents necessary to complete the
acquisition; and
C) authorize expenditure of up to $120,000 to be used
for the acquisition of the four Parcels.
SUMMARY: Brooks
Subdivision is a single-family affordable housing development that was not
completed, and remains vacant. It is comprised of 22 lots, including 18 lots
owned by the County, the four Parcels currently owned by Brook’s Subdivision
LLC., and a drainage easement. The four
Parcels are currently delinquent on taxes and are scheduled to be auctioned for
a Tax Deed Sale at the end of April 2018.
The four Parcels are also encumbered by multiple liens and a mortgage to
the City of Riviera Beach (the City) in excess of $500,000, and a judgment
resulting from the original development in excess of $200,000. If approved, the County would acquire the
four Parcels through a donation from the owner(s) or through auction via Palm
Beach County Tax Deed Sale. Staff anticipates that the four Parcels would be
acquired by auction and the drainage easement acquired by donation. If the four
Parcels are acquired through auction, the County’s bid will not exceed the
appraised value on the four Parcels and the judgement would be eliminated with
the transfer of title. However, the liens
and mortgage in favor of the City will remain, and staff would endeavor to work
towards a satisfactory resolution with the City in an effort to achieve the
common goal of developing the property for affordable and/or workforce housing. The total cost to acquire the four Parcels
through auction is estimated not to exceed $120,000. Due to the nature of the tax deed sale
process, the environmental assessment for these parcels will be completed after
taking title to the parcels. Acquiring
the four Parcels along with the drainage easement would complete the County’s
ownership of the entire subdivision, provide site control and enable its future
development for affordable and/or workforce housing. The funding for the acquisitions and all
expenses related thereto would be through the State Housing Initiatives
Partnership (SHIP) Program. These
are grant funds and require no local match. District 7 (JB)
APRIL 10, 2018
5. REGULAR AGENDA
C. HOUSING
AND ECONOMIC SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to:
A) adopt Resolution by the Board of County Commissioners of Palm Beach County,
Florida, recommending approval of Project Zeus 2, a company authorized to do
business in the State of Florida, as a Qualified Target Industry (QTI) business
pursuant to s.288.106, Florida Statues; providing for local financial support
for the Qualified Target Industry Tax Refund Program not to exceed $301,000
over an eight year period; providing for severability; and providing for an
effective date; and
B) conceptually
approve Economic Development Incentive for Project
Zeus 2 in the form of a cash incentive not to exceed $301,000 over an eight
year period and an ad valorem tax exemption not to exceed $1,548,000 over an
eight year period.
SUMMARY: Project Zeus 2 is contemplating expanding operations in Palm Beach
County or Georgia. The project will
invest $100,400,000 to construct a new facility, renovate an existing facility,
and equip both. The project will create
215 new jobs over a five year period at an annualized average wage of
$91,124. The estimated five year local
economic impact is $551 Million. Project
Zeus 2 qualifies for the Qualified Target Industry (QTI) Tax Refund program
which continues to be funded by the Florida Legislature. The company is being
offered a $3,053,000 incentive. Of this amount, $1,204,000 is from the State of
Florida and $301,000 is a required match from local government entities. Palm Beach County will provide the required
local match as a cash grant as the project would be located in unincorporated
Palm Beach County in addition to an ad valorem tax exemption not to exceed $1,548,000
provided the project meets the requirements under s196.012, Florida Statutes,
for an ad valorem tax exemption. The incentive will be paid over a period of
eight years provided the project meets the State of Florida requirements; paid
according to the State’s QTI Refund and secured by a letter of credit or bond.
The company will be required to enter into a formal agreement memorializing
their commitments and establishing terms under which the cash and ad valorem
exemption incentives will be disbursed.
The company name will be disclosed at such time. District 1 (JB)
APRIL 10, 2018
5. REGULAR AGENDA
C. HOUSING
AND ECONOMIC SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to:
A) adopt Resolution of the Board of County Commissioners of Palm Beach County,
Florida, recognizing the need for affordable housing and the importance of
financially supporting the preservation, redevelopment, and creation of
affordable housing; repealing and replacing Resolution No. 2009-2013 in its
entirety; providing for severability; and providing for an effective date; and
B) approve revised Impact Fee Affordable Housing Assistance Program (IFAHAP)
Guidelines.
SUMMARY: On November 17, 2009, the Board County Commissioners adopted Resolution
2009-2013 to authorize the use of impact fee investment earnings from roads,
parks, and public buildings for affordable housing projects. On September 14, 2010 (Item 5E-1), the BCC
approved the IFAHAP Guidelines that established eligible uses of funding,
affordability standards, and a funding application process. On January 10, 2017
(Item 5B-1), the BCC approved revisions to the guidelines to expand program
operating procedures and affordability requirements.The proposed new Resolution
will repeal and replace R2009-2013 in order to delete outdated time-specific
language and to remove requirements for IFAHAP policy review and funding
recommendations by the Commission on Affordable Housing. The proposed revisions
to the IFAHAP Guidelines: update the
department name; enhance application submittal requirements with additional
information necessary to determine project viability; clarify that program assistance is provided
only in the form of a certificate that reduces impacts fees due, but disallows
reimbursement of impact fees already paid; and correct an inconsistency in the
affordability period required of rental housing projects. Following BCC
approval, PPM CW-F-036, Impact Fee Affordable Housing Assistance Program, will
be revised to make departmental operating procedures consistent with changes to
the Resolution and Guidelines. Countywide (JB)
4. Staff recommends
motion to adopt: Resolution by the Board of County Commissioners of Palm
Beach County, Florida, modifying financing fees for Industrial Development
Bonds in Palm Beach County; rescinding Resolution R2012-1010; and providing for
an effective date. SUMMARY: Support for the Industrial Development Bond
(IDB) program is provided by the Department of Housing and Economic
Sustainability (HES) and the County Attorney’s Office, including: financial and
project eligibility analysis; review and preparation of all ordinances,
resolutions, or agreements; and other procedures necessary to facilitate each
IDB issuance, re-funding, or re-financing.
On June 19, 2007, the Board of County Commissioners (Board) approved
Resolution R2007-0927, establishing policies and fees for the County’s IDB
program. On July 10, 2012, the BCC
approved Resolution R2012-1010; setting maximum financing fees for for-profit
and non-profit bond applications ($100,000 and $50,000, respectively); and
eliminating financing fees for bond re-financing and re-funding. The approved 2012 fee structure charges
different application fees based on the applicant, application type, and
application amount, and places fee caps on projects, although to date no
project has requested an issuance large enough to trigger the fee
maximums. The recommended fee schedule
simplifies the process and aligns Palm Beach County fees with those charged by
other counties in the State. The
proposal sets one fee structure for all applicants and application types,
reduces the number of incremental fees that were based on the bond amount from
seven incremental rates down to two rates and removes fee caps as demonstrated
in Attachment 2. Countywide (DB)
APRIL 10, 2018
5. REGULAR AGENDA
C. HOUSING
AND ECONOMIC SUSTAINABILITY (Cont’d)
5. Staff recommends
motion to:
A) adopt Resolution by the Board of County Commissioners (BCC) of Palm Beach
County, Florida authorizing Palm Beach County (PBC) to enter into a Controlling
Entity Agreement with the Bank of Belle Glade and CIDC-Palm Beach County Community
Development Entity LLC (CDE); authorizing the CDE to submit New Markets Tax
Credit (NMTC) Program applications to the United States Department of the
Treasury Community Development Financial Institutions Fund (CDFI Fund); authorizing
the acceptance of funding through the NMTC Program; authorizing the use of
funds awarded through the NMTC Program to spur new or increased private-sector
investments in designated projects in Palm Beach County and rural counties
surrounding Lake Okeechobee; authorizing the Department of Housing and Economic
Sustainability to establish and manage the NMTC loan program; authorizing the
County Administrator, or designee, to execute all documents required to apply
for and receive funds awarded through the NMTC Program and all documents
required to implement the NMTC loan program, and issue debt obligations
pursuant thereto, and to provide additional information as may be required;
repealing Resolution 2011-1106; providing for severability; and, providing for
an effective date; and
B) repeal Resolution 2011-1106 in its entirety.
SUMMARY: On July 19, 2011, the BCC adopted Resolution R2011-1106 and approved an
Agreement (R2011-2007) establishing PBC as the controlling entity of the
CDE. The NMTC Program is a PBC
Legislative Priority and the CDE has applied in previous years without success
for the NMTC funds. Previous tax credit
applications submitted by the CDE were for $40,000,000. Partnering with a local
bank and providing funding opportunities to rural counties through NMTC
allocations, improves the qualification of the applicant and increases the
chance of success. The allocated tax
credits are sold to private investors to raise capital for economic and
community development projects.
Investors receive a 39% tax credit against their federal income tax,
which has made the NMTC Program highly competitive. In the event the
application is successful, PBC will receive and manage 80% of the allocated tax
credits to apply towards qualifying projects within PBC, and the Bank of Belle
Glade will control the remaining 20% to apply towards projects located in the
rural counties surrounding Lake Okeechobee.
Additionally, the CDE will collect fees of 5% of the awarded amount and
1% on project loans. Fees collected,
less any administrative costs, will be split equally between PBC and the Bank
of Belle Glade. The 2018 NMTC Program has not been released by the U.S.
Department of Treasury, so the submittal dates and tax credit amounts are not
yet known. No County funds will be
pledged to complete any project financed through the sale of credits allocated
through the NMTC Program. These are federal funds that do not require a match.
Countywide (JB)
APRIL 10, 2018
5. REGULAR AGENDA
C. HOUSING
AND ECONOMIC SUSTAINABILITY (Cont’d)
6. Staff recommends
motion to adopt: Resolution of the Board of County Commissioners of
Palm Beach County, Florida, approving the amended Local Housing Assistance
Plans (LHAP) for Fiscal Years 2013-2016 and 2016-2019 as required by the State
Housing Initiatives Partnership (SHIP) Program Act, Subsections
420.907-420.9079, Florida Statutes; and Rule Chapter 67-37, Florida
Administrative Code; authorizing the submission of the amended LHAPs for review
and approval by the Florida Housing Finance Corporation (FHFC); providing for
severability; and providing an effective date. SUMMARY: At the February
27, 2018, Board of County Commissioners (BCC) Workshop, staff presented the
amendments to the SHIP LHAP’s. Staff was
authorized to finalize the amendments and present them at an upcoming BCC
meeting. On April 16, 2013, the BCC approved the SHIP 2013-2016 LHAP
(R2013-0487 and R2013-0488), and on April 19, 2016 the BCC approved the SHIP
2016-2019 LHAP (R2016-0503). These LHAPs
establish how Palm Beach County utilizes its SHIP allocation for the fiscal
years identified. The proposed
amendments to the LHAPs are provided in detail in the attached in
strikethrough/underline format.
Three of the amendments are to make the strategies consistent with the
current SHIP requirements and to align the funding assistance and terms for the
various income categories as summarized in Attachment 1 and below. The fourth amendment is a new strategy that
would promote and support the construction of single-family homes, which is
consistent with the County’s efforts to provide affordable housing options to
eligible individuals.
1. First Mortgage Loan Assistance Program and the Replacement
Housing: The existing maximum award each
program allows is $220,000. The
amendment increases the award to $317,647 in accordance with SHIP regulations,
which allow awards up to 90% of the average area purchase price as established
by the U.S. Treasury, which currently is $317, 647 for Palm Beach County.
2. Owner Occupied Housing Rehabilitation, Roof Repair Replacement, and
Emergency Repair: The existing Programs
have tiered maximum awards and affordability periods based on income levels. The proposed amendment aligns funding
assistance for all income categories at a maximum of $80,000 and establishes a
15-year affordability period. It also places the primary emphasis on addressing
code, health, life, safety and hurricane hardening and requires consent from all property owners
(i.e. duplex, triplex, etc.) when implementing work that impacts multiple
owners.
3. Disaster Mitigation Program:
The proposed amendment allows long-term hurricane hardening measures
that help prevent future storm damage.
It also aligns the maximum award amount ($58,000) for all eligible
homeowners. The proposed amendment will also reduce the affordability period on
the mortgage form 30 years to 15 years.
4. Single Family New Construction Program: To encourage the development of affordable
single-family homes, we propose adding a strategy that would assist general
contractors, non-profits and/or for-profit housing developers in developing
homeownership opportunities. Funds can
be used for eligible construction related costs. The maximum assistance provided per unit will
not exceed 90% of average area purchase price for Palm Beach County as
established by the U.S. Treasury.
These amendments impact both the 2013-2016 LHAP and the 2016-2019
LHAP. These are State SHIP Program grant
funds which do not require a local match. Countywide (JB)
APRIL 10, 2018
5. REGULAR AGENDA
D. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve:
atypical development costs associated with the proposed acquisition of a 5.09
acre vacant parcel of land in unincorporated western Delray Beach for the
development of a Fire Rescue Station. SUMMARY: On November
7, 2017 (R2017-1708), the Board approved an Agreement for Purchase and Sale to
acquire a 5.09 acre parcel of land in unincorporated western Delray Beach to
satisfy the need to construct a Fire Station in the southeastern area of the Ag
Reserve. The subject site lies approximately 1,600 feet east of the Lyons
Road/Linton Boulevard intersection and is currently being used as a plant
nursery. The Phase 2 Environmental Study of the property indicated the presence
of agrochemicals in the soil which are below the Commercial/Industrial Direct
Contact target clean-up levels, but higher than the Residential Direct Contact
target clean-up level. While the Station would be classified as a
commercial use, Staff believes it appropriate to be very conservative and
reduce the presence of agrochemicals to the residential target level. The cost
to remove soils on the portion of the property to be developed for the Station
is estimated to between $900,000 - $1,200,000. This is approximately
$500,000-$700,000 more than has been spent on other fire stations for the removal
of unsuitable soils such as muck. Despite the additional cost resulting
from the County’s voluntary mitigation to residential target levels, Staff
believes it appropriate to move forward at this time: 1) as all of the
properties in Fire Rescue’s search area appear to have historically been used
in agricultural production and are likely to have similar levels of
agrochemicals; 2) call volumes support the construction of the station in
advance of anticipated new development which could provide a civic site;
3) due to the potential to sell approximately 2.5 acres of the property to a
residential developer, thereby recovering a portion of the remediation costs;
and 4) due to the possibility that the County could exchange the entire
property with a developer for a civic site that has already been mitigated to
residential standards thus eliminating the cost. The Study also identified
groundwater contamination which will require that the County use potable water
for landscape irrigation, which usage will be minimized through the
implementation of xeriscaping so the additional operating cost is not material.
Fire Rescue does not want to risk waiting for a civic site dedication in that
projected call volumes in the service area may require the station prior to a
potential civic site dedication becoming available. As such, Staff is
recommending that the BCC approve proceeding to close per the terms of the
Purchase and Sale Agreement with a $10,000 reduction in price approved by the
Seller. (PREM) District 5 (HJF)
* * * * * * * * * * * *
APRIL 10, 2018
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 10, 2018
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
APRIL 10, 2018
8. 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."