July 10, 2018 @ 9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JULY 10, 2018
PAGE ITEM
10 2E
(Dist 2) ADD-ON: Request for off-site proclamation recognizing the 60th
Anniversary of the Arc (Sponsored by Commissioner Burdick)
23 3G-4 REVISED MOTION: Staff recommends motion to approve: appointment/reappointment of the following individuals to the County Financing Committee for the term beginning August 14, 2018 to August 13, 2021:
B. Reappoint Nominee Seat No. Nominated By
Paul Dumars Local Government Mayor McKinlay
Vice Mayor Bernard
Commissioner Valeche
Commissioner Burdick
Commissioner
Berger
42 3AA-2 REVISED MOTION: Staff recommends motion to: A) adopt a Resolution of the Board of County
Commissioners of Palm Beach County (BCC), Florida, authorizing the execution
and submittal of a grant application, and grant agreement with the Florida
Commission for the Transportation Disadvantaged (CTD), in the amount of $49,789 for the Administrative Support Grant Program
(CSFA 55.001) to provide funds for operational and planning expenses for the Designated
Official Planning Agency. This is a deliverable agreement and has an anticipated
start date of July 1, 2018 and anticipated end date of June 30, 2019; and B) authorize the
County Administrator or designee to submit and execute, on behalf of the BCC, a
transportation disadvantaged local program administrative support grant agreement
with the Palm Beach Transportation Planning Agency (TPA) in order to fund the
Palm Beach TPA’s transportation disadvantaged planning activities in fiscal
year 2018/19. (Palm Tran)
48 5A-1 DELETED FOR FURTHER STAFF REVIEW
55 5F-3 REVISED MOTION: (OFMB)
|
FY 2018 Adopted |
FY 2019 Rollback |
FY 2019 Proposed |
|
|
|||
|
Millage |
Taxes |
Millage |
Taxes |
Millage |
Taxes |
Over/(Under)
Rollback |
|
Countywide
Non-Voted |
4.7815 |
$845,592,790 |
4.5537 |
$855,180,813 |
4.7815 |
$897,961,450 |
$42,780,637 |
5.00% |
Library |
0.5491 |
51,710,218 |
0.5247 |
52,213,620 |
0.5491 |
54,641,698 |
2,428,078 |
4.65% |
Fire-Rescue
MSTU |
3.4581 |
247,874,640 |
3.2966 |
249,966,384 |
3.4581 |
262,212,204 |
12,245,820 |
4.90% |
Jupiter
Fire-Rescue MSTU |
2.0038 |
20,679,964 |
1.9237 |
20,924,187 |
1.9026 |
20,694,681 |
(229,506) |
(1.10%) |
|
|
|
|
|
|
|
|
|
Aggregate-Excluding
Voted Debt |
6.5925 |
$1,165,857,612 |
|
|
6.5789 |
$1,235,510,033 |
|
|
|
|
|
6.3543 |
$1,193,331,892 |
|
|
|
3.53% |
Countywide
Voted-Debt |
0.1208 |
$21,379,848 |
|
0.1165 |
$21,898,908 |
|
|
|
Countywide-Library
Voted-Debt |
0.0400 |
3,766,907 |
|
|
0.0410 |
4,079,967 |
|
|
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
JULY 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 (Page 11-44)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 45-47)
5. REGULAR AGENDA (Pages 48-60)
6. BOARD
APPOINTMENTS (Page 61)
7. MATTERS
BY THE PUBLIC (Page 62)
8. ADJOURNMENT (Page 63)
* * * * * * * * * * *
JULY 10, 2018
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2C-1 Park and Recreation Month
STAFF COMMENTS
Page 9
2D-1 Updated Board Directive
Report
2D-2 Recognition of Krystin
Berntsen
COMMISSIONER COMMENTS (Page 10)
CONSENT AGENDA
A. ADMINISTRATION
Page 11
3A-1 Appointment
to the CareerSource Palm Beach County, Inc. Board of Directors
3A-2 Amendment to Contract with CareerSource Palm
Beach County, Inc. to Administer Grant Funds
Page 12
3A-3 Installation of speed humps in the San
Castle Countywide Community Revitalization Team area
3A-4 Appointment to the Small Business Assistance
Committee
B. CLERK & COMPTROLLER
Page 13
3B-1 Warrant
List
3B-2 Minutes
3B-3 Contracts
C. ENGINEERING & PUBLIC WORKS
Page 13
3C-1 Contract
with Engecon Construction, Inc. for the construction of Palmetto Park Road from
SW 7th Avenue to SW 5th Avenue project
3C-2 Contract
with Stantec Consulting Services Inc. for professional engineering services for
the 6th Avenue South over Lake Osborne Drive Bridge Replacement project
Page 14
3C-3 Task
order with Alan Gerwig & Associates, Inc. for professional services for
Wabasso Drive over the Lake Worth Drainage District Lat. 2 Canal project
3C-4 Report
of plat recordations from October 1, 2017 through March 30, 2018
3C-5 Amendment
to contract with Simmons & White, Inc. extending the contract expiration
date for one year
Page 15
3C-6 Highway
maintenance memorandum of agreement with the Florida Department of
Transportation for lighting improvements on Congress Avenue from north of 45th
Street to Blue Heron Boulevard
3C-7 Contract
with Florida Safety Contractors, Inc. for construction of overhead flashing
school zone signs
3C-8 Work
order to contract with Ranger Construction Industries, Inc. to mill and
resurface Lawrence Road from Boynton Beach Boulevard to south of Lantana Road
D. COUNTY ATTORNEY
Page 16
3D-1 Settlement
agreement with Joyce Erkus
JULY 10, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 16
3E-1 Appointments
to the Palm Beach County HIV Comprehensive AIDS Resources Emergency Council
Page 17
3E-2 Amendment
to agreement with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc.
to provide home energy assistance to seniors
3E-3 Receive
and file contract for Provision of Financial Assistance with Feeding Florida,
Inc.
Page 18
3E-4 Memorandum
of Agreement with Children’s Services Council of Palm Beach County and United
Way of Palm Beach County, Inc.
F. AIRPORTS
Page 18
3F-1 Non-Signatory Airline Agreements with
OneJet, Inc.
3F-2 Interlocal Agreement with the Village of
Palm Springs regarding airport zoning regulations
Page 19
3F-3 Change order to contract with The Morganti
Group, Inc. for Construction Manager at Risk services
3F-4 Change order to contract with West
Construction, Inc. for the Southside Redevelopment Program Phase 1 and 2
project at Palm Beach County Park Airport
Page 20
3F-5 Solar Canopy Energy Agreement with Florida
Power & Light for the installation of a Solar Canopy and Solar Trees at
PBIA
Page 21
3F-6 Settlement Agreement with MSP Partners
Realty, LLC
3F-7 Receive and file change order with A!
Property Services Group, Inc.
3F-8 Resolution establishing a new form Terminal
Space Lease Agreement
Page 22
3F-9 Resolution adopting a standard form Second
Amendment to Agreement for Rental Car Lease and Concession
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 22
3G-1 Budget
transfers from Scholl Impact Fee Zones
3G-2 Settlement
offer with Pedro L. Castillo for satisfaction of a code enforcement lien
Page 23
3G-3 Recording
of the FY 2017 retirements of tangible personal property
3G-4 Appointment/reappointment
to the County Financing Committee
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 24
3H-1 Receive and file Standard License Agreement
with UMTB Donor Services Foundation
3H-2 Annual contracts with two contractors for
Overhead Door Replacement
3H-3 Receive
and file notification of the cumulative total of time extensions to the
contract with West Construction, Inc.
Page 25
3H-4 Change
order to Amendment with Robling Architecture Construction, Inc. for HVAC
improvements
3H-5 Amendment
to Interlocal Agreement with the City of Ft. Lauderdale for interoperable radio
communication
Page 26
3H-6 Contract
with Harvard Jolly Inc. for architectural/engineering services at Lake Lytal
Park
3H-7 Consultant
Services Authorization with Colome & Associates, Inc. for architectural/
engineering services at Water Utilities Department Central Regional Operations
Center
JULY 10, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 27
3H-8 Amendment
to Agreement with AT&T Corp. for new communication systems associated with
construction projects
3H-9 Easement
in favor of Florida Power & Light for underground electric utility
facilities at Burt Reynolds Park
3H-10 Declaration of Restrictive Covenant at Bert Winters Park to satisfy
grant requirements by Florida Inland Navigation District
Page 28
3H-11 Amendment to Access Easement in favor of Sannlor Properties II, LLC
3H-12 Budget transfer within the Fire Rescue Improvement Fund to fund Fire
Station 19 Remediation and Repair
I. HOUSING AND ECONOMIC
SUSTAINABILITY
Page 29
3I-1 Amendment to agreement with Community Land
Trust of Palm Beach County, Inc. related to affordable housing
3I-2 Subordination agreement with NEF
Preservation Mortgage Loan Fund I LP and Lakeside Commons, Ltd. for low income
housing
Page 30
3I-3 Appointments to the Commission on
Affordable Housing
K. WATER UTILITIES
Page 31
3K-1 Consultant
Services Authorization with Baxter & Woodman, Inc. for improvements to
Master Repump Station 9-North Project
3K-2 Contract
with All Webbs Enterprises, Inc. for Water Treatment Plans and System-Wide
Wellfield Improvements project
Page 32
3K-3 Interlocal
Agreement with the City of Lake Worth relating to Assessment of Joint
Wastewater Transmission System
3K-4 Supplement
with Globaltech, Inc. for East Center Regional Water Reclamation Facility
Reclaimed Water Facility Improvements project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 33
3L-1 Agreement with the State of Florida,
Department of Environmental Protection for the Jupiter/ Carlin Shore Protection
Project
3L-2 Agreement
with the State of Florida, Department of Environmental Protection for the South
Lake Worth Inlet Management Plan Implementation
M. PARKS & RECREATION
Page 34
3M-1 Receive and file Amphitheater Rental
Agreement
3M-2 Receive and file Sound and Light Production
Services Contractor Agreement
3M-3 Receive and file Entertainment Contractor
Agreement
Page 35
3M-4 Receive and file Independent Contractor
Agreement
3M-5 Budget transfer for renovations at Caloosa
Park
P. COOPERATIVE
EXTENSION
Page 35
3P-1 Donation from the Friends of the Mounts
Botanical Garden, Inc. to renovate and expand the Garden Shop
JULY 10, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
S. FIRE RESCUE
Page 36
3S-1 Write-off
of uncollectible emergency transport patient accounts
U. INFORMATION SYSTEMS SERVICES
Page 36
3U-1 Rescind
and replace Interlocal Agreement with the City of Palm Beach Gardens for
network services
Page 37
3U-2 Interlocal
Agreement with the Town of Lake Park for network services and internet access
at government locations
3U-3 Budget
transfer for improvements to the 4th floor ISS areas
3U-4 Donation
of computer equipment to the Palm Beach County Law Enforcement Exchange, Inc.
X. PUBLIC SAFETY
Page 38
3X-1 Memorandum
of Understanding with Catholic Charities of the Diocese of Palm Beach, Inc.
related to human trafficking
3X-2 Contract
with Crystal Ramsey, DVM for veterinary services
3X-3 Receive
and file four Grant Adjustment Notices
Page 39
3X-4 Receive
and file Volunteer & Employee Criminal History System User Agreement with
the Florida Department of Law Enforcement for level 2 criminal history
background checks
3X-5 Appointments
to the Consumer Affairs Hearing Board
Page 40
3X-6 Statewide
Mutual Aid Agreement with the Florida Division of Emergency Management
3X-7 Ratify the Mayor’s signature for the Sexual
Assault Services Formula Grant Program for increased availability to victim
services
Z. RISK MANAGEMENT
Page 41
3Z-1 Amendment
to contract with Island Medical Care, LLC for consulting/professional physician
services at the occupational health clinic
AA. PALM TRAN
Page 41
3AA-1 Execution and submittal of grant application
with the Florida Commission for the Transportation Disadvantaged to provide
Palm Tran Connections Services at discounted rates
Page 42
3AA-2 Execution and submittal of grant application
with the Florida Commission for the Transportation Disadvantaged for
operational and planning expenses
BB. YOUTH SERVICES
Page 43
3BB-1 Receive and file contracts for professional
services with four doctoral psychology interns to provide family and youth
counseling
CC. SHERIFF
Page 43
3CC-1 Receive and file Grant Modification with the
Office of National Drug Control Policy to provide additional funds to the Palm
Beach County Narcotics Task Force
3CC-2 Receive and file Modification to Subgrant
Agreement with the City of Miami
Page 44
3CC-3 Receive and file Modification to Subgrant
Agreement with the Division of Emergency Management
3CC-4 Memorandum of Agreement with the City of Miami
for a FY17 Urban Area Security Initiative
3CC-5 Donation from The Howard E. Hill Foundation for
the FY2019 Gunfire Detection and Location project
JULY 10, 2018
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
A. FIRE RESCUE
Page 45
4A-1 Resolution setting the special assessment
rate to fund fire hydrant maintenance and rental fees charged by the City of
Riviera Beach or its Utility Special District
B. ENGINEERING
& PUBLIC WORKS
Page 45
4B-1 Resolution confirming the special assessment
process for paving and drainage improvements of Bishoff Road, dead end to Jog
Road project
Page 46
4B-2 Five Year Road Program Findings of Fact
C. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
Page 47
4C-1 Conduct a public hearing for the use of the
Uniform Method of collecting non-ad valorem special assessments
REGULAR AGENDA
A. COMMUNITY SERVICES
Page 48
5A-1 Budget transfer to replace a loss of State
grant funds providing for homeless prevention services
B. PLANNING, ZONING & BUILDING
Page 48
5B-1 Ordinance amending Chapter 14 of the Palm
Beach County Code related to property maintenance to improve public safety and
welfare
C. HOUSING
AND ECONOMIC SUSTAINABILITY
Page 49
5C-1 Amendment to the Palm Beach County Action
Plan for Fiscal Year 2016-2017 for acquisition of property and neighborhood
development on Meridian Road in West Palm Beach
5C-2 Resolution approving issuance of Palm Beach County
Facilities Revenue Bonds for improvements to life care communities at Abbey
Delray
Page 50
5C-3 Resolution authorizing the execution of
amendment to Indenture of Trust related to refinancing the County’s Revenue
Bonds for Palm Beach Day Academy, Inc.
5C-4 Fiscal Year 2018-2019 State Housing
Initiatives Partnership budget allocations for affordable housing strategies
Page 51
5C-5 Resolution approving the Palm Beach County
Action Plan for Fiscal Year 2018-2019
Page 52
5C-6 Conditional Loan Agreement with Gulfstream
Goodwill Industries, Inc. to fund housing for low income and disabled residents
D. YOUTH
SERVICES
Page 53
5D-1 Allocations for Health & Wellness and
Educational Supports for Community Based Agencies
E. PALM TRAN
Page 54
5E-1 Labor Management Agreement with Palm Tran,
Inc. for 40 Palm Tran employees
JULY 10, 2018
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
F. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
Page 54
5F-1 Impact fee exemption request for The Home at
Tamarind
Page 55
5F-2 Budget transfer to the Supervisor of
Election to fund a special election
5F-3 Proposed millage rates for the FY 2019
budget
G. PUBLIC SAFETY
Page 56
5G-1 Interlocal Agreement with the Health Care
District of Palm Beach County to provide nursing services to disaster relief
shelters
5G-2 Discussion and direction regarding
implementation of a juvenile transitional step-down program
H. FIRE
RESCUE
Page 57
5H-1 Florida Department of Health Emergency
Medical Services Matching Grant to fund a Chronic Disease Management Project
I. FACILITIES
DEVELOPMENT & OPERATIONS
Page 58
5I-1 Resolution authorizing conveyance of County
interest in vacant parcel located north of Springfield Street and west of
Military Trail
Page 59
5I-2 Resolution authorizing conveyance of two surplus
County-owned parcels to the City of Pahokee
Page 60
5I-3 Resolution authorizing conveyance of County
interest in surplus property to Richard Bernard Haines
BOARD APPOINTMENTS
(Page 61)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 62)
ADJOURNMENT (Page
63)
JULY 10, 2018
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation
declaring July 2018 as Park and Recreation Month in Palm Beach County
(Sponsored by Mayor McKinlay)
* * * * * * * * * * * *
JULY 10, 2018
2D. STAFF COMMENTS
1. ADMINISTRATION
COMMENTS
Staff recommends
motion to receive and file: The updated Board Directive Report which includes in process
and completed board directive items. SUMMARY: At
the February 6, 2018 Board of County Commission Meeting, direction was given to
the County Administrator to bring back as a receive and file once a month a
status report of the board directives to date. The categories of the
board directives have been revised to now reflect two groups: 1) In
Process and 2) Completed. The report continues to be
updated on an on-going basis. Countywide (DN)
2. Recognition of Krystin Berntsen as
Government Engineer of the Year
3. COUNTY
ATTORNEY
JULY 10, 2018
District 1 – COMMISSIONER HAL R. VALECHE
District 2 – COMMISSIONER PAULETTE BURDICK
Request for off-site proclamation
recognizing the 60th Anniversary of the Arc
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER STEVEN L. ABRAMS
District 5 - COMMISSIONER MARY LOU BERGER
District 6 - COMMISSIONER MELISSA MCKINLAY,
MAYOR
District 7 – COMMISSIONER MACK BERNARD, VICE
MAYOR
JULY 10, 2018
A. ADMINISTRATION
1. Staff recommends
motion to approve: appointment of Connor Lynch to the CareerSource Palm
Beach County, Inc. Board of Directors (Board) for the period July 10, 2018
through July 9, 2021.
Nominee/ Appointment |
Seat No. |
Term |
Area of Representation |
Nominated By |
Connor Lynch |
26 |
7/10/18-7/9/21 |
Private Sector |
Business Development
Board of Palm Beach County, Inc. |
SUMMARY: On November 18, 2014, the
Board of County Commissioners approved the Third Amendment to Interlocal
Agreement (R2014-1650) creating the Palm Beach Workforce Development Consortium
(R2007-1220) which establishes the current Board composition. The Agreement
states that 14 private sector members are appointed by the BCC. The Federal
Workforce Innovation and Opportunity Act requests that an emphasis be placed on
Chief Executive Officers or high level management positions for both community
and business sector appointments. The CareerSource Palm Beach County, Inc. Board
of Directors is comprised of a minimum of 19 members with representation
established in Attachment 3 to this agenda item. The board has a maximum of 33 seats, with 22
currently filled and diversity count of Caucasian: 17 (77%), African-American: 4 (18%) and Hispanic: 1 (5%). The
gender ratio (female:male) is: 11:11.
This nominee is a Caucasian male. Countywide (HH)
2. Staff recommends
motion to approve: Second Amendment to the Contract to Administer Grant
Funds with CareerSource Palm Beach County, Inc. (CSPBC). SUMMARY: On December 16,
2014, the Board of County Commissioners (BCC) approved a Contract to Administer
Grant Funds (R2014-1894) with CSPBC which services include the design,
coordination, and implementation of the local workforce development system for
Palm Beach County. On April 19, 2016, the BCC approved the First Amendment to
the Contract to Administer Grant Funds (R2016-0532) with CSPBC to conform to
standard contract language utilized by the County. CSPBC receives Federal funding through the
State Department of Economic Opportunity (DEO). Funds are received by the DEO
from the US Department of Labor, US Department of Health & Human Services,
and the US Department of Agriculture. These are formula funds which are based
on the Federal budget and the local population statistics. The Fiscal Year
2018-2019 Budget, in the amount of $14,489,148, includes the following revenue
sources: $11,670,260 from the US Department of Labor; $2,198,888 from the US
Department of Health and Human Services for Temporary Assistance for Needy
Families; $320,000 from the US Department of Agriculture for the Supplemental
Nutrition Assistance Program; and $300,000 from private grants and local government. At the June 5, 2018 BCC meeting, the BCC
approved the Fiscal Year 2018-2019 CSPBC Budget, in the amount of $14,489,148.
CSPBC is requesting a Second Amendment to the Contract to Administer Grant
Funds. The amendment makes certain changes to language
of the contract to update contact information and bring the contract terms
current with County requirements and Federal Regulations. Staff is recommending approval of the
Second Amendment to the Contract to Administer Grant Funds. Countywide
(HH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends motion to approve:
A) expenditure of $36,400 for the installation
of 14 speed humps in the San Castle Countywide Community Revitalization Team
(CCRT) area; and
B) budget transfer of $36,400 to the Capital Outlay Fund from the CCRT Recoup
Funding Account for the San Castle Speed Humps Installation Project.
SUMMARY: The
installation of speed humps was requested by neighborhood residents from the
San Castle CCRT area to address the need to slow down traffic and improve
safety along neighborhood streets. Approval of the requested funds and the
associated budget transfer will fund the construction of 14 speed humps to
address this need with CCRT Recoup Funding reserves. County policy requires
that 60 percent of affected property owners for each street sign a petition in
support of the project. The necessary supporting petitions have been received. District
5 (DW)
4. Staff recommends
motion to approve: appointment
of the following individual to the Small Business Assistance (SBA) Committee
for the seat and term indicated below:
NOMINEE
SEAT DESIGNATION TERM NOMINATED
BY
Lillian Reyes
8 National
Association of 07/10/18 to
10/05/18 Mayor McKinlay
Woman in Construction Vice-Mayor Bernard
Commissioner Valeche
Commissioner Abrams
SUMMARY: The
SBA Committee is established pursuant to Section 2.80.32, of the Palm Beach
County Code as amended on March 12, 2013. The committee consists of 15
members representing one black business owner certified as a small business by
the County; one Hispanic business owner certified as a small business by the
County; one woman business owner certified as a small business by the County;
one white male business owner certified as a small business by the County; one
business owner domiciled in Palm Beach County; one representative of a business
incubator program; one representative of the Hispanic business organization;
one representative of the National Association of Women in Construction; one
representative of a Women’s Business Organization; one certified minority
contractor; one representative of the Associated General Contractors of
America; one representative of the Small Business Development Center; one
representative of a financial institution that assists small businesses; one
representative of the Black Chamber of Commerce; and one representative of a
professional services organization. The
SBA Committee supports the nomination to fill the vacancy created by the
resignation of the former member. A
memo was sent to the Board of County Commissioners on June 18, 2018, requesting
approval of the recommendation. No other nominations were received. The
SBA Committee consists of 15 members and the terms of the seats are for three years. The
SBA Committee reviews and evaluates the effectiveness of small business
programs within County Government. The Committee currently consists of 14
members. The current diversity count is: Caucasian: 5 (35.7%), African
American: 7 (50%), and Hispanic: 2 (14.2%). The gender ratio
(female:male) is: 8:6. The nominee for appointment to seat 8 is a
Caucasian female. Countywide (HH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Type Meeting
Date
Workshop March 27, 2018
Workshop April 24, 2018
Zoning April 26, 2018
Regular May 01, 2018
Comprehensive Plan May 02, 2018
Regular May 15, 2018
Zoning May 24, 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
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: contract
with Engecon Construction, Inc. (ECI) in the amount of $4,769,315.71 for the
construction of Palmetto Park Road from SW 7th Avenue to SW 5th
Avenue (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 will remove and replace the existing concrete bridge over
the E-4 (El Rio) Canal on Palmetto Park Road, and includes installation of
drainage structures, sidewalks, curbs and gutters, and utilities. The Small Business Enterprise (SBE) goal for
all projects is 15%. The lowest
responsive, responsible bidder, ECI committed to 16.4% SBE participation. The
funding for this project is included in a companion agenda item 4B-2 (the Five
Year Road Program Mid-Year update). Construction completion is expected in
2020. District 4 (LBH)
2. Staff recommends
motion to approve: contract with Stantec Consulting Services
Inc. (SCS), in the amount of $663,978.92 for professional engineering services for the 6th Avenue South
over Lake Osborne Drive Bridge Replacement project. SUMMARY:
Approval of this contract will provide the professional services necessary to prepare
design plans and construction bid documents for the bridge replacement project.
SCS will prepare design plans for an increase in the vertical clearance over
Center Drive and Lake Osborne Drive; continuous bicycle lanes and sidewalks
throughout the project corridor; pedestrian access from 6th Avenue
North to John Prince Park and the adjacent neighborhoods along Lake Osborne
Drive; and the maintenance or enhancement of the horizontal and vertical
clearances of the bridge over Lake Osborne, which is frequently used by
recreational boaters. The Small Business Enterprise (SBE) goal for all
contracts is 15%. SCS initially committed to 25% SBE participation for this
project, and has subsequently proposed a 25.12% SBE participation for this
contract, thus exceeding their original commitment. SCS’ principal address is
located in Alberta, Canada. Their United States headquarters is located in
Broomfield, Colorado, and they also have an office located in Palm Beach County.
Project construction completion is anticipated in 2022. Construction funds are
available in the Five Year Road Program in FY 2020. District 3
(LBH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve: task order
to the annual structural engineering contract R2017-0026 with Alan Gerwig &
Associates, Inc. (AGA) in the amount of $118,555.92 for professional services
for Wabasso Drive over the Lake Worth Drainage District Lat. 2 (LWDD L-2) Canal
(934237) project. SUMMARY: Approval of this task order will provide the professional services necessary for the
preparation of design plans and construction bid documents for the
project. The Engineering
Department’s Roadway Production
Division is proposing to replace the existing bridge on Wabasso Drive over the
LWDD L-2 Canal with a reinforced circular concrete pipe culvert with concrete
headwall. The existing crossing of the
LWDD L-2 Canal consists of a short single-span bridge that needs to be
replaced. The Small Business Enterprise
(SBE) goal for all contracts is 15%. AGA
proposes 100% SBE participation for this task order. AGA is a Palm Beach County based company.
Design completion is anticipated in early 2020. Construction funds are available in FY 2021. This
project is funded by the infrastructure sales tax. District 7 (LBH)
4. Staff recommends
motion to receive and file:
report of plat recordations from October 1, 2017 through March 30, 2018.
SUMMARY: This report is a bi-annual summary of subdivision plats
recorded during the fiscal year quarters since the previous report. There were
22 plats recorded during this period. This report is required by the Department
of Engineering and Public Works Policies and Procedures Manual Item No.
EL-O-2618, governing administrative approval of plats by the County Engineer. Countywide
(LBH)
5. Staff recommends
motion to approve:
A) first amendment to the annual traffic signal
design contract with Simmons & White, Inc. (S&W) R2017-0985, dated
August 15, 2017, to extend the contract expiration date from August 14, 2018 to
August 14, 2019, and allow for other amendments to the contract; and
B) first amendment to the annual traffic signal design contract with Wantman
Group, Inc. (WGI) R2017-1444, dated October 3, 2017, to extend the contract
expiration date from October 2, 2018 to October 2, 2019, and allow for other
amendments to the contract.
SUMMARY: Approval of these first
amendments will extend the expiration dates of the annual traffic signal design
contracts with S&W from August 14, 2018 to August 14, 2019, and with WGI
from October 2, 2018 to October 2, 2019; and add “Section 22 – Additional
Reporting” to both original contracts per Palm Beach County requirements. To date, one task in the amount of $43,070.54
has been authorized for S&W with 84% Small Business Enterprise (SBE)
participation that exceeds their SBE commitment of 76%. To date, one task in the amount of $48,495.78
has been authorized for WGI with 0% SBE participation that does not meet their
SBE commitment of 46%. The one task for
WGI was for multiple design reviews which did not involve the services proposed
by their SBE subconsultants. S&W and WGI are both County based companies. S&W is a certified SBE company. This is the first of two allowable renewals
under these contracts. After the second
renewal, the contracts will need to be re-solicited. Countywide (LBH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff
recommends motion to:
A) adopt resolution approving a highway maintenance
memorandum of agreement (HMMOA) with the Florida Department of Transportation
(FDOT) for the construction of new decorative street lighting on Congress
Avenue from north of 45th Street to Blue Heron Boulevard (project);
and
B) approve interlocal agreement (Agreement) with the
City of Riviera Beach (City) for ownership, operation and maintenance
responsibility of the project.
SUMMARY: Adoption of this Resolution to approve the HMMOA will allow the FDOT to
construct the project, which will provide a decorative street lighting system
with approximately 90 new lights within the City, for the City to operate and
maintain. The HMMOA is required since
the project is located within a Palm Beach County (County) road right-of-way.
Construction will be funded by FDOT at an estimated cost of $2,400,000 and
ownership, operation and maintenance responsibility will be assigned to the
City by the Agreement. The City further agrees to apply for a right-of-way
permit from the County prior to construction. District 7 (LBH)
7. Staff recommends
motion to approve: contract with Florida Safety Contractors,
Inc. (FSCI) in the amount of $532,222.64 for the construction of overhead
flashing school zone signs (project). SUMMARY: Approval
of this contract will allow Palm Beach County (County) to issue a notice to
proceed to FSCI, a Hillsborough County based company, to begin construction of
the project. The proposed work will add
overhead flashing school zone signs at six schools throughout the County. On
September 12, 2017, the Board of County Commissioners approved a Local Agency
Program Agreement (R2017-1209) with the Florida Department of Transportation
(FDOT) whereby the FDOT granted the County $591,941 toward the construction of
the project. Construction is expected to
be completed in early 2019. The Small Business Enterprise (SBE) goal for all
projects is 15%, but the SBE compliance is not applicable due to federal
funding restrictions. Districts 2, 3 & 7 (LBH)
8. Staff recommends
motion to approve: Work Order 2017053-2 in the amount of $1,070,000 to mill and resurface
Lawrence Road from Boynton Beach Boulevard to south of Lantana Road utilizing
Palm Beach County’s annual asphalt milling and resurfacing contract R2017-1873
with Ranger Construction Industries, Inc. (Ranger). SUMMARY: Approval of this work order
will allow the contractual services necessary to construct the improvements.
Per County PPM CW-F-050, this work order exceeds the $200,000 threshold for
staff approvals of work orders to annual contracts, thus requiring approval
from the Board of County Commissioners. Prior to this work order, approximately
$1 million of Ranger’s $16 million contract has been spent or encumbered. The
Small Business Enterprise (SBE) goal for all contracts is 15%. The SBE
participation proposed by Ranger for this work order is 15.3%. Approval of this work order will result in a
cumulative SBE participation of 14.2% for all the work orders issued under the
contract. This project is funded through
the infrastructure sales tax. Districts 3 & 4 (LBH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: Settlement Agreement, inclusive of attorney’s fees
and costs, in the total amount of $75,000 in the personal injury action styled Joyce
Erkus v. Palm Beach County, Case No. 502017CA008124XXXXMB. SUMMARY: On February 19, 2016, at the
WUD Southern Region Water Reclamation Facility, Plaintiff Joyce Erkus suffered
bodily injury and incurred medical expenses.
Countywide (RMF)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: new appointments to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency (CARE) Council for a term of three
years, effective, July 10, 2018:
Seat No. |
Appointment |
Term Expires |
12 |
Alejandro M.
Rodriguez |
07/09/21 |
|
|
|
22 |
Dale M. Smith |
07/09/21 |
SUMMARY: The HIV CARE Council nominations process is an open process with
publicized criteria and legislatively defined conflict of interest standards.
Mr. Rodriguez and Mr. Smith have both successfully completed the HIV CARE Council’s
nomination process and the HIV CARE Council recommends these appointments. Mr.
Rodriguez has disclosed that he is employed by Compass, Inc., which contracts
with the County for services. The HIV CARE Council provides no regulation,
oversight, management, or policy setting recommendations regarding contracts.
Disclosure of this contractual relationship is being provided in accordance
with the provisions of Section 2-443, of the Palm Beach Code of Ethics. The
total membership shall be no more than 33 at-large
members, per Resolution No. 2011-1560. The diversity count for the 17 seats
that are currently filled is Caucasian: 8 (47%), African American: 7 (41%), and
Hispanic: 2 (12%). The gender ratio (female:male) is 9:8. Mr. Rodriguez is a
Hispanic male and Mr. Smith is an African-American male. The Ryan White Program
Manager and staff conduct targeted outreach in an effort to proffer candidates
for appointments that will maintain a diverse composition of the Board. (Ryan White Program) Countywide (HH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
A)
Amendment 009 to Standard Agreement No. IP015-9500 (R2015-1449) for Emergency
Home Energy Assistance Program (EHEAP) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA), for the period April 1, 2015 through
September 30, 2018, to revise, amend, and replace portions of the standard agreement
and increase overall total funding to $33,746, to provide home energy
assistance to seniors;
B) Renewal Agreement No. 2015-305-9500
(R2016-1332) for the Housing Finance Agency (HFA) Hardest Hit Fund (HHF)
Elderly Mortgage Assistance (Elmore) Program with AAA, for the period July 1,
2018 through June 30, 2019, to renew the Agreement for the second one-year
renewal term, to assist senior homeowners with collecting documents necessary
to determine the homeowner’s eligibility for the Elmore Program; and
C) budget amendment of $10,104 in the
Division of Senior Services Administration Fund to align the budget to the
actual grant award.
SUMMARY: EHEAP
Amendment 009 is necessary to incorporate changes made to the Standard
Agreement. This amendment revises the 2017-2018 funding allocation and extends
the period end date to September 30, 2018. Elmore is a foreclosure prevention
assistance program funded by the Department of Health and Human Services via
AAA. The HFA has determined that the senior homeowners targeted for assistance
under the Elmore Program in many instances require special assistance and
services in assembling and providing the documents and information needed in
order to qualify and process their applications. The Division of Senior Services
(DOSS) is the designated Lead Agency for the AAA Service Area A and as such is
qualified to provide such services. A rate of $47 shall be paid to DOSS for
each hour that is spent in person assisting the senior homeowners. DOSS is responsible for providing services
north of Hypoluxo Road. The areas of service include all of the County,
excluding portions of Districts 3, 4, 5 and 7 south of Hypoluxo Road. The Mae
Volen Senior Center, Inc. is responsible for providing services in the areas
south of Hypoluxo Road. Sufficient
funding is included in the current budget to meet County obligations. No additional funds are required for this
amendment. (Division of Senior Services) Countywide, except for portions of
Districts 3, 4, 5, & 7 south of Hypoluxo Road (HH)
3. Staff recommends
motion to receive and file: contract for Provision of Financial
Assistance with Feeding Florida, Inc., for the period May 15, 2018 through
September 30, 2018, in an amount not to exceed $8,000, for developing an action
plan that outlines specific steps to address and reduce hunger in Palm Beach
County. SUMMARY: This contract addresses food insecurity in
Palm Beach County; specifically regarding distribution of fresh produce to
disadvantaged households. Feeding Florida, Inc. will continue to assess the
existing supply chain, and review the current analysis to lay out specific
action plans for the communities most in need. They have used proven supply
chain techniques designed to approach the issues using available data in the
most efficient manner possible. Feeding Florida, Inc. focuses on the goals
identified in The Hunger Relief Plan for Palm Beach County, released in October
2015. This item is being submitted in accordance with Countywide PPM No.
CW-O-051 to allow the Clerk and Comptroller’s Office to receive and file the
executed contract. (Financially Assisted Agencies) Countywide (HH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
4. Staff recommends
motion to approve: Memorandum of Agreement with Children’s Services Council of Palm
Beach County and United Way of Palm Beach County, Inc., for the period October 1,
2018 through September 30, 2019, in an amount totaling $508,996 of which
$162,457 is funded by Palm Beach County.
SUMMARY: On June 19, 2018,
the Board of County Commissioners approved funding allocations for the
Financially Assisted Agencies (FAA) Program. The Memorandum of Agreement (MOA)
being recommended in this item reflects the dollar amounts included in the
proposed FY 2019 Budget. This is a three party MOA among Palm Beach County,
Children’s Services Council of Palm Beach County (CSC) and United Way of Palm
Beach County, Inc. (United Way). United Way will subcontract with 211 Palm
Beach/Treasure Coast, Inc. (211) as part of the collaboration to connect people
to services 24 hours a day. United Way agrees to serve as a fiscal agent and
will make payments on a monthly basis to 211 for the services rendered. The
County will provide an advance one-time payment of $162,457 to United Way in
accordance with Palm Beach County Administrative Code Rule 305.02. CSC will
fund $206,422 and United Way will fund $140,117 of the total MOA amount. All three agencies
will be part of the program and fiscal monitoring of this MOA. United Way will
be the responsible agent for verifying that the deliverables are completed by
the MOA end date. (FAA) Countywide (HH)
F. AIRPORTS
1. Staff
recommends motion to receive and file:
A) Non-Signatory Airline Agreement with OneJet, Inc., a
California corporation, commencing March 1,
2018, and terminating September 30, 2019, with automatic October 1st to
September 30th annual term renewals unless canceled; and
B) Addendum To Airline Agreement with OneJet, Inc., a
California corporation, commencing March 1, 2018, and terminating on the date
the Non-Signatory Airline Agreement with OneJet, Inc., either expires or is
canceled, providing for changes in leased facilities on a short-term basis due
to seasonal demands at the Palm Beach International Airport.
SUMMARY: Non-Signatory Airline Agreements provide for the use of airport facilities by
airlines on a short-term or seasonal basis in connection with their operations
at the airport. Delegation of authority for
execution of the standard County Non-Signatory Airline Agreement was approved
by the Board of County Commissioners (BCC) in R2014-1575. Delegation of authority for execution of the
standard County Addendum agreement above was approved by the BCC in R2016-0976.
Countywide (AH)
2. Staff recommends motion to approve: Interlocal
Agreement with The Village of Palm Springs regarding airport zoning
regulations. SUMMARY: This
Interlocal Agreement with The Village of Palm Springs allows for the adoption
of consistent airport zoning ordinances regulating certain land development
activity in the vicinity of Palm Beach International and Palm Beach County Park
airports, pursuant to Chapter 333 of the Florida Statutes. Countywide
(LB)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
3. Staff recommends
motion to approve:
A) Change Order No. 1
to 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 $202,476.16; and
B) budget transfer of $202,477 in the Airport’s
Improvement and Development fund to provide budget for The Morganti Group, Inc.
contract; including a transfer from Reserves of $202,477.
SUMMARY: Amendment
No. 15 in the amount of $4,951,000 and 330 calendar days was approved by the
Board on April 20, 2018 (R2018-0380).
Approval of Change Order No. 1 in the amount of $202,476.16 will provide
funds for the disposal of unsuitable soils under the Task M-36: Parcel I Site
Access Roadway & Utilities Project at PBIA. Airport local funds are being
utilized to fund this change order. The Disadvantaged Business Enterprise goal
for this contract is 13%. The total to
date participation for this contract is 16.5%. Countywide (AH)
4. Staff recommends motion
to approve: Change Order No. 7 to the contract with West Construction, Inc. for a time
extension of 78 calendar days and no increase in cost, for the Southside
Redevelopment Program Phase 1 and 2 project at Palm Beach County Park (Lantana)
Airport. SUMMARY: The contract with West Construction, Inc. for the
Southside Redevelopment Program Phase 1 and 2 project at Lantana Airport in the
amount of $6,353,448.52 and 390 calendar days was approved by the Board on July
11, 2017 (R2017-0935). Change Orders 1-6
in the amount of $90,020.51 and 101 calendar days were approved under the
delegated authorities detailed in PPM CW-F-050.
Approval of Change Order No. 7 for 78 calendar days and no increase in
cost will increase the contract time for substantial completion to 569 calendar
days. The Disadvantaged Business
Enterprise (DBE) Goal for this project was established at 11%. The total to date participation for this
contract is 1%. DBE participation is largely in later phases of this contract. Countywide
(AH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff
recommends motion to:
A) approve
a
Solar Canopy Energy Agreement (Canopy Agreement) with Florida Power & Light
Company, a Florida corporation (FPL), for the license of approximately 6,574
square feet of ground area at the Palm Beach International Airport (PBIA) cell
phone waiting lot, for the installation and operation of renewable
energy-generating equipment known as a Solar Canopy, and associated equipment,
commencing upon Board approval, and expiring 15 years following completion of
construction, for payment of an annual license fee by FPL commencing upon
completion of construction, calculated at $18 per kilowatt multiplied by the
actual capacity of kilowatts of solar power installed by FPL;
B) approve
a
Solar Tree Energy Agreement (Solar Tree Agreement) with FPL, for the license of
approximately 9,481 square feet of ground area along James L. Turnage Boulevard
at PBIA, for the installation and operation of renewable energy-generating
equipment known as Solar Trees, and associated equipment, commencing upon Board
approval, and expiring ten years following completion of construction, at no
cost to FPL;
C) approve a Memorandum of Agreement
in the form attached to the Canopy Agreement, to be recorded in the public
records, to memorialize the existing of the Canopy Agreement;
D) approve a Memorandum of
Agreement in the form attached to the Solar Tree Agreement, to be recorded in
the public records, to memorialize the existing of the Solar Tree Agreement;
and
E) authorize the Director of the
Department of Airports or designee to execute, on behalf of the County,
amendments to the Canopy Agreement, Solar Tree Agreement, or Memorandums of
Agreement, to replace the legal description exhibits based upon as-built
surveys.
SUMMARY: FPL has requested license agreements to use
portions of property at PBIA for the installation and maintenance of one Solar
Canopy and three Solar Trees. The Solar
Canopy and Solar Trees will be installed and maintained at FPL’s expense. FPL will pay a license fee for the Canopy
Agreement estimated at approximately $1,080 per year, based on 60 kilowatts of
solar power generation. The renewable
energy used will be returned to FPL’s electric grid. The Solar Trees will be approximately 18 feet
high and will be placed approximately 30 feet apart, along the PBIA entrance
road, and will feature sponsorship identification. The Solar Canopy will provide sun shade over
ten parking spaces at the PBIA cell phone lot, located adjacent to the PBIA
Travel Plaza at the southwest corner of Belvedere Road at Florida Mango Road. Separate
Memorandums of Agreement, in the forms attached to each agreement, will be
recorded to provide notice of the existence of each agreement. The Department of Airports is requesting a
delegation of authority to the Department Director to sign amendments to
reflect the as-built location of the Solar Canopy or the Solar Trees. Countywide
(AH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to:
A) approve a Settlement Agreement
(Agreement) with MSP Partners Realty, LLC (MSP), providing for payment in the
amount of $175,000 in four monthly installments of $43,750 each to the County
to resolve a dispute related to the repair of certain shared drainage
improvements at the Airport Center complex; and
B) authorize the Director of the Department of Airports
or designee to execute, on behalf of the County, the Ground Lease Estoppel
Certificate and Agreement (Estoppel Certificate) in the form attached to the Agreement.
SUMMARY:
The Agreement provides for the
resolution of a dispute with MSP related to repairs made to a portion of the
drainage system at the Airport Center complex (Drainage System 1) shared by the
Hilton Palm Beach Airport (Hilton) and County-owned buildings. In December 2014
MSP, the owner of the Hilton, was notified that portions of the shared drainage
system required repair pursuant to the Lease Agreement (R92-471(D), as amended)
with the County. County staff and MSP were unable to reach agreement on the
final scope of work for the repairs or allocation of costs. On March 21, 2016,
MSP was notified that it would be in default of the Lease Agreement unless MSP
completed the repairs to Drainage System 1 and that, if MSP failed to complete
the repairs, the County would proceed with repairs and seek reimbursement from
MSP for its share of the costs, which was estimated to be $248,000. MSP
subsequently requested an Estoppel Certificate from the County in order to
obtain financing from Wells Fargo; however, MSP was unable to obtain the
financing due to the outstanding default notice. MSP has offered to settle the
dispute for $175,000 in exchange for the Estoppel Certificate. Delegation of
authority to execute the Estoppel Certificate to the Director of the Department
of Airports will allow the Estoppel Certificate to be delivered within the
timeframe required by the Agreement. The
Agreement is being recommended by the Department of Airports, Facilities
Development and Operations Department and County Attorney’s Office. Countywide
(DO)
7. Staff recommends
motion to receive and file: Change
Order No. 5 to the contract
with A1 Property Services Group, Inc. for a time extension of 88 calendar days
and no increase in cost for Building 3400 Heating, Ventilating and Air
Conditioning and Roof Improvements at Palm Beach International Airport (PBIA). SUMMARY:
The contract with A1 Property Services Group, Inc. for Building 3400 Heating,
Ventilating and Air Conditioning and Roof Improvements at PBIA in the amount of
$757,867 was approved by the Board on December 6, 2016 (R2016-1751). Change Orders 1-5 in the amount of $29,604
and 199 calendar days were approved under the delegated authorities detailed in
PPM CW-F-050. Change Order No. 5 as well
as the Final Contract Summary were approved by the Contract Review Committee on
May 16, 2018; however, Change Order No. 5 is being brought to the Board for receive
and file due to the cumulative time extensions exceeding 120 days limit per PPM
CW-F-050. Countywide (AH)
8. Staff recommends
motion to adopt: resolution establishing
a new standard form Terminal Space Lease Agreement; authorizing the County
Administrator or designee to execute the standard form Terminal Space Lease
Agreement; and becoming effective upon adoption. SUMMARY: The Resolution establishes a new standard form Terminal
Space Lease Agreement for use in leasing space to non-airline tenants that
provide aeronautical support services at the Palm Beach International Airport,
and authorizes the County Administrator or designee to execute the standard
form Terminal Space Lease Agreement on behalf of the Board. Countywide
(AH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff recommends
motion to adopt: resolution adopting a
standard form Second Amendment to Agreement for Rental Car Lease and
Concession; authorizing the County Administrator or designee to execute the
standard form Second Amendment; and becoming effective upon adoption. SUMMARY: The resolution establishes a
standard form Second Amendment to Agreement for Rental Car Lease and Concession
(Amendment) for use in extending the term of the Agreements for Rental Car
Lease and Concession at the Palm Beach International Airport for a period of three
months, and authorizes the County Administrator or designee to execute the
standard form Amendment on behalf of the Board. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve:
A) budget transfer
from School Impact Fee Zone 1 reserve account to School Impact Fee Zone 1
appropriation account for $1,080,660;
B) budget transfer
from School Impact Fee Zone 2 reserve account to School Impact Fee Zone 2
appropriation account for $2,458,509;
C) budget transfer
from School Impact Fee Zone 3 reserve account to School Impact Fee Zone 3
appropriation account for $1,792,449; and
D) budget transfer
from School Impact Fee Zone 4 reserve account to School Impact Fee Zone 4
appropriation account for $699,340.
SUMMARY: Impact fees
budgeted in reserve accounts cannot be appropriated until funds have been
collected. These budget transfers recognize school impact fee revenues as
of May 18, 2018 and allow for their appropriation so that the County may remit
funds to the School District in accordance with Article 13 of the Unified Land
Development Code (ULDC). Countywide (LB)
2. Staff recommends
motion to approve: negotiated
settlement offer in the amount of $11,376 for the full satisfaction of a code
enforcement lien that was entered against Pedro L. Castillo on March 2, 2016. SUMMARY:
The Code Enforcement Special Magistrate (CESM) entered an Order on December
2, 2015 for property owned by Pedro L. Castillo (Mr. Castillo) giving him until
January 31, 2016 to bring his property located at 14747 Orange Boulevard in
Loxahatchee into full code compliance. The property had been cited for
installing accessory structures and a fence without the proper building
permits. Compliance with the CESM’s Order was not achieved by the ordered compliance
date and a fine in the amount of $50 per day was imposed. The CESM then entered
a claim of lien against Mr. Castillo on March 2, 2016. The Code Enforcement
Division issued an affidavit of compliance for the property on January 18, 2017
stating that as of January 17, 2017 the cited code violations had been fully
corrected. The total accrued lien amount on May 3, 2018, the date on which
settlement discussions began, totaled $22,752.64, of which Mr. Castillo has
agreed to pay Palm Beach County $11,376 (50%) for full settlement of his
outstanding code enforcement lien. District 6 (SF)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
3. Staff recommends
motion to approve: the
recording of the FY 2017 retirements of tangible personal property (equipment,
vehicles, publications) in the official minutes of the Board of County
Commissioners’ meeting as prescribed by Florida Statutes, Chapter 274. SUMMARY:
Florida Statutes, Chapter 274 and the Palm Beach County “Surplus Property
Ordinance” require the recording of the disposal (retirement) of tangible
personal property from the official records of Palm Beach County at historical
value. Disposal, retirement, and adjustments total $67,156,611.27. Countywide
(DB)
4. Staff recommends motion to approve: appointment/reappointment of the following individuals to the County Financing Committee for the term beginning August 14, 2018 to August 13, 2021:
A. Appoint Nominee Seat No. Nominated By
Ron Horan Local Government Mayor McKinlay
Vice Mayor Bernard
Commissioner Valeche
Commissioner Burdick
B. Reappoint Nominee Seat No. Nominated By
Paul Dumars Local Government Mayor McKinlay
Vice Mayor Bernard
Commissioner Valeche
Commissioner Burdick
Commissioner Berger
SUMMARY: The County
Financing Committee (CFC) meets as needed to review and make recommendations to
the County Administrator regarding the issuance of debt obligations and
management of outstanding debt, including but not limited to the selection and
procurement of all outside professional services. The CFC consists of 5
members and upon approval of this item, five seats are currently
occupied. The CFC is currently comprised of the Director of the Office of
Financial Management & Budget (Sherry Brown), a representative from the
Clerk & Comptroller’s Office (Stephen Weiss), two representatives from
local government agencies (Leanne Evans, School District Treasurer and Paul
Dumars, Solid Waste Authority Director of Financial Services), a Board appointee
(Thais Sullivan), and a County Department Director, if needed. Leanne
Evans has served the limit of three consecutive three year terms. Paul Dumars
has served since August 2012, has attended all meetings in that time period,
and is seeking reappointment. The local government finance officer
appointees will serve a term of three years, at which time the appointee may be
reappointed, or a new appointee selected by the Board. The diversity
count, including these appointments, is Caucasian: 3 (60%) and African American:
2 (40%). The gender ratio (male:female) is 3:2. Countywide
(DB)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file:
A) Standard License Agreement for Use of County-Owned Property dated March
23, 2018, with UMTB Donor Services Foundation (Office of the Medical Examiner);
and
B) Standard License Agreement for Use of County-Owned Property dated May
17, 2018, with Wanda I. Serbia (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 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)
2. Staff recommends
motion to approve: annual contracts
with the following contractors for Overhead Door Replacement on an as-needed
basis for projects typically under $100,000:
Contractor |
Status |
SBE or Non-SBE |
A) Florida Dock & Door Company |
Non-Local |
Non-SBE |
B) General Garage Door Co., Inc. |
Local |
Non-SBE |
SUMMARY: These contracts are for two years
and are an indefinite-quantity with a maximum value of $1,000,000 across all
Overhead Door Replacement contractors. The contracts will terminate when a
total of $1,000,000 in work orders are issued among the pool of Overhead Door
Replacement contractors, or when the two year term period has expired,
whichever occurs first. The contracts
provide for up to three one year term renewals, 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 replacement of overhead
and manual garage doors (rolling and sectional). The work is to be awarded as work orders on a
lump-sum, competitively quoted basis among the pool of two Overhead Door
Replacement 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)
3. Staff recommends
motion to receive and file: notification
of the cumulative total of time extensions to the contract with West
Construction, Inc. (R2016-0986) for the Riverbend Park improvements project
having reached the 120 day time extension reporting threshold. SUMMARY:
In accordance with PPM CW-F-050, when the cumulative time extensions approved
by the Lead Department and the Contract Review Committee exceeds 120 days, the
Department is required to notify the Board that it has reached this reporting
threshold. With approval of Change Order
No. 3 by the Contract Review Committee, the cumulative total of days for this
project is 124. This item notifies the
Board that the cumulative threshold has been reached and will be reset by this
notification. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance is 15%. West Construction, Inc.’s cumulative
SBE participation for this contract is 17%. (Capital Improvements Division) District
1 (LDC)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Change Order
No. 2 to Amendment No. 1 with Robling Architecture Construction, Inc.
(R2017-0307) in the amount of $99,892.90 and a 90 day time extension for the
Water Utilities Department Central Regional Operations Center (WUD CROC)
Building 1 and 10 HVAC Improvements project.
SUMMARY: On March 14, 2017, the Board approved Amendment No. 1 to
the continuing services contract with Robling Architecture Construction, Inc.
in the amount of $1,219,255 for modifications to the WUD CROC Administration
Building and the Operations/Maintenance Building which includes upgrades to the
chillers and modifications to the heating, ventilation and air conditioning
(HVAC) systems. Change Order No. 2 provides for a new mechanical supply
fan module. This change is necessary as the manufacturer cannot provide
replacement components of the existing supply fan module which was the original
intent. This change order extends the completion date by 90 days due to the
time associated with approvals, material ordering and equipment installation.
The Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance is 15%. This change order
includes 100% SBE participation and the overall SBE participation for this
contract is 33.7%. Robling Architecture
Construction, Inc. is a Palm Beach County business. This project is being
funded from Water Utilities Department Fees.
(Capital Improvements Division) District 5 (LDC)
5. Staff recommends
motion to approve: Second
Amendment to Interlocal Agreement (R2008-0758) with the City of Ft. Lauderdale
(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 retroactively from May 5, 2018 to May 5, 2023. SUMMARY:
The Agreement, which provides the terms and conditions under which the
City can program its radios and utilize the countywide common talk groups for
certain inter-agency communications expired on May 5, 2018. The Agreement
provided for three renewal options, each for a period of five years. The City has
approved a renewal to extend the term of the Agreement retroactively from May
5, 2018 to May 5, 2023, 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 Second Amendment renews the term, updates the
attachment, and adds the standard County nondiscrimination provision. Other than the changes set forth herein, all
other terms remain the same. (ESS) Countywide (LDC)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve:
A) contract with Harvard Jolly Inc. to provide professional
architectural/engineering design, permitting, and construction administration
services for a new Aquatic Complex at Lake Lytal Park; and
B) Consultant Services Authorization (CSA) No. 1 with Harvard Jolly Inc.
for master planning services as the initial phase of the Aquatic Complex design
in the amount of $16,880.65.
SUMMARY: Lake Lytal Pool
was constructed in 1975 and has served the residents of central Palm Beach
County for over 42 years. The facility is in dire need of replacement given its
age, heavy usage and limited footprint for expansion. The new Aquatic Complex will be located on
vacant land in the western portion of the park and may include the following
features: main entrance ticketing
building, concession/party room building, 70M pool, 25 yard teaching pool,
family water play area, locker and rest rooms building, an active water
features area, and other amenities including parking areas. The estimated cost of phase one of the
project is $5M and the facility will be constructed in multiple phases. CSA No. 1 authorizes the master planning of
the aquatic center site that could also include the co-location of a YMCA
complex containing a community center, day care center, and competitive skate
park. Negotiations between the YMCA and County are ongoing. Harvard Jolly Inc. is a national business
with a Palm Beach County office and will be using Palm Beach County subconsultants
for a majority of the work. The Small
Business Enterprise (SBE) goal established by the SBE Ordinance is 15%. Harvard
Jolly Inc. is estimating an overall contract SBE participation of 30%. SBE participation under CSA No. 1 is
51.6%. Funding for this project is
with Infrastructure Sales Tax funds.
(Capital Improvements Division) District 2 (LDC)
7. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 46 with
Colome & Associates, Inc. (R2014-1916) to provide architectural/engineering
services for Water Utilities Department Central Regional Operations Center (WUD
CROC) Flat Deck Roof Replacements in the amount of $109,811. SUMMARY: This CSA authorizes architectural and
structural engineering design services for the design development, cost
estimating, construction/permit documents, bidding and construction
administration services for the replacement of six existing building flat roof
systems with new built-up roofing systems and adding a mechanical exhaust
system to the existing open air pavilion/housing generators. Colome & Associates, Inc. is a local
business and will be using all local sub-consultants. The Small Business
Enterprise goal established by the SBE Ordinance is 15%. SBE participation under this CSA is
100%. Overall SBE participation on this
contract is 94.9%. Funding for this work
is from the Water Utilities Department User Fees. (Capital Improvements Division) District
2 (LDC)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends
motion to approve:
Amendment No. 2 to extend the term through July 15, 2020 to the Master Agreement
with AT&T Corp. (Construction Master Agreement) (R2013-889) which provides
for the development and installation of new communication systems and
applications associated with construction projects when integration with
AT&T provided network services is required. SUMMARY: The
Construction Master Agreement provides the mechanism by which the County can
approve additional work authorizations for the development, installation, and
integration of various communication systems associated with construction projects. The
initial term of the Construction Master Agreement was for three years with two
renewal periods each for a period of two years. Amendment No. 1
(R2016-0765) extended the term for the first renewal option. Amendment
No. 2 extends the term for the final renewal option through July 15,
2020. The funding source for each individual work authorization will be
identified prior to the award of the individual work authorization.
(Capital Improvements) Countywide (LDC)
9. Staff recommends
motion to approve: easement
in favor of Florida Power & Light (FPL) for underground electric utility
facilities and an above ground pad-mounted transformer to service the expansion
project within Burt Reynolds Park located in Jupiter. SUMMARY: On
July 12, 2016, the Board approved a contract with Ahrens Enterprises, Inc.
d/b/a Ahrens Companies (R2016-0881) to construct the Burt Reynolds Park west
side expansion project (Project), which was completed in late 2017. The
new construction required the replacement and relocation of the existing
transformer and underground power cable. A non-exclusive easement in
favor of FPL will be granted for underground electric utility facilities and an
above ground pad-mounted transformer. The easement area is approximately
ten feet in width by approximately 447 feet in length, containing approximately
4,330 square feet (0.10 acres). This easement is being granted at
no charge, as the improvements will only service the Park. (PREM) District
1 (HJF)
10. Staff recommends
motion to approve:
A) Declaration
of Restrictive Covenant over a portion of Bert Winters Park to satisfy
dedication and grant requirements imposed by Florida Inland Navigation District
(FIND); and
B) Site
Dedication over a portion of Bert Winters Park to satisfy grant program
guidelines of the Florida Fish and Wildlife Commission (FWC).
SUMMARY: In
December 2015, the County Parks Department received approval from the Board
(R2015-1806) for a budget amendment within the Park Improvement Fund to
establish budget for a FIND $1,000,000 grant to be used at Bert Winters Park in
Juno Beach. In October 2017, the Parks Department received approval from
the Board (R2017-1493) for a budget amendment within the Park Improvement Fund
to establish a budget for a FWC $200,000 grant. Both grants were secured
to help fund the redevelopment costs to update and create new boat launching
facilities at Bert Winters Park. The FIND Project Agreement requires the
County to dedicate the project site for public use as a boat launching facility
for a minimum period of 25 years from the date of project completion. The
FWC grant agreement requires the County to dedicate the project site as a
boating access facility for a minimum period of 20 years from the date of
project completion. A Declaration of Restrictive Covenant for the FIND
grant and a Site Dedication for the FWC grant will be recorded to satisfy the
grant requirements. The Bert Winters boat launching redevelopment project is
expected to be complete in July 2018. Staff will insert the completion
date on each document prior to recording in the County public records.
(PREM) District 1 (HJF)
JULY
10, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
11. Staff recommends
motion to approve: Second Amendment to Access Easement in
favor of Sannlor Properties II, LLC (Sannlor). SUMMARY: Morikami
Park (Park) is located on Jog Road in western Delray Beach between Linton
Boulevard and Clint Moore Road. On June 20, 1995, the Board approved a
Use and Management Agreement (Agreement) (R95-8240) with the American Orchid
Society, Inc. (AOS) whereby the orderly development of the Park and the
adjacent AOS property would occur in the best interest of both parties.
The Agreement required the County to grant AOS easements for access, storm
water drainage and signage over Park property. The Board approved an
Access Easement (R2011-1786) with AOS and has since approved a First Amendment
to Access Easement (R2014-1455) in favor of Sannlor Properties II, LLC
(Sannlor). Sannlor is the successor in interest to the AOS property and has
redeveloped the site as a day care and private school for autistic
children. The First Amendment to Access Easement modified the legal
description to add security fencing, a card reader gate and a vehicle turn
around area for the new school. This Second Amendment to Access Easement
will modify the legal description to include a portion of the security fencing
left out of the First Amendment and will also include a grassy area east of the
access driveway which Sannlor is currently maintaining. The Second
Amendment to Access Easement is being granted at no charge since it is
consistent with the original intent of the Agreement. (PREM) District 5 (HJF)
12. Staff recommends
motion to approve:
A) budget transfer of $460,000 within the Fire
Rescue Improvement Fund (3700) from Fire Rescue Capital Reserves to Fire
Station 19 Remediation and Repairs to fully fund this project; and
B) Amendment No. 4 to the contract with
Trillium Construction Inc. (R2016-0764) in the amount of $1,365,630 for the
repair and renovation of Fire Station No. 19 in Jupiter, establishing a
Guaranteed Maximum Price (GMP).
SUMMARY: Amendment
No. 4 authorizes the repair and renovation of Fire Station 19 which was damaged
by water intrusion associated with a vehicle accident with the station’s
backflow device last year requiring the demolition and reconstruction of the
interior north side of the building and replacing the destroyed items that were
located within that area of the station. Amendment No. 4 also includes the
renovation of the remainder of the station to update the layout to comply with
new standards for the separation of the bunker gear from the apparatus bay,
single occupancy dorms and restrooms as well as several other
renewal/replacement projects. Amendment No. 4 establishes a Guaranteed
Maximum Price (GMP) of $1,365,630 and 218 days for completion. The GMP
includes the cost of the work, the construction manager’s fee and contractor
contingency. Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance is 15%. Trillium Construction Inc.’s SBE
participation for this Amendment is 37%. Trillium Construction Inc. is a Palm
Beach County business and is using local subcontractors for 91% of the
work. This item is being presented to the Board for approval as the
amount of the GMP exceeds the $1,290,000 the staff authorization level approved
previously by the Board. Funding for this work is from the Fire Rescue MSTU
Contingency and will be partially offset by an insurance claim. (Capital
Improvements Division) District 1 (LDC)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve:
A) Amendment 001 to
an Agreement (R2017-1810) with Community Land Trust of Palm Beach County, Inc.
(CLT), to revise the number of affordable homes and to reallocate the awarded
HOME Investment Partnerships (HOME) Program funds; and
B) Partial Release
of Mortgage and Security Agreement to remove the encumbrance from two home
sites no longer in the project.
SUMMARY: On October 17, 2017, the County entered into an Agreement (R2017-1810)
with the CLT to provide $749,767 in HOME Program funds which included $95,000
in operating funds and $654,767 in set-aside funds for the construction of
eight affordable homes on scattered sites in Palm Springs. These funds were awarded by the Board of County
Commissioners (BCC) on July 11, 2017 (Agenda Item 5D-1) pursuant to a Request
for Proposals DES.2017.1 (RFP) advertised by the Department of Housing and
Economic Sustainability which made $158,984 in operating funds and $1,186,954
in set-aside funds available. The CLT’s
RFP proposal was for eight homes and requested the award of $95,000 in
operating funds and $800,000 in set-side funds.
After the award of $532,187 to the first ranking proposal, only $654,767
in set-aside funds remained available for award to the CLT. The CLT has
indicated that at the level of funding now available through the Agreement, it
is unable to construct all eight homes and is requesting the reduction of the
number of homes to six. Staff concurs
with the CLT that the available funds are at a level commensurate with the
construction of six homes and recommends approval of Amendment 001 to the
Agreement which reduces the number of homes to be built and reallocates the
already awarded funds between the remaining homes. At the closing for the
funding conducted on October 31, 2017, the CLT executed a Mortgage and Security
Agreement (Mortgage) which secured the funding made available through the
Agreement. The Mortgage encumbered eight
home sites. With the approval of
Amendment 001 to the Agreement and the reduction of the number of homes from
eight to six, approval of the Partial Release of Mortgage and Security
Agreement will remove the encumbrance of the Mortgage from two home sites no
longer in the project. These are Federal HOME Program grant funds which
require a 25% local match provided by State SHIP funds. District 3
(JB)
2. Staff recommends
motion to approve: Subordination Agreement
with NEF Preservation Mortgage Loan Fund I LP, and Lakeside Commons, Ltd., for
an amount not to exceed $8,900,000. SUMMARY: On August 19, 2003, the
County entered into a Loan Agreement (R2003-1215) with Lakeside Commons, Ltd.,
a Florida limited partnership, which provided, $231,313 in State Housing
Initiative Partnership (SHIP) funds to assist in the construction of Lakeside
Commons Apartments, a 99 rental unit complex to serve very low and low income
households. The project is located at 550
Executive Center Drive in West Palm Beach.
The County secured this three percent (3%) cash flow dependent loan with
a second mortgage for a term of 30 years.
Lakeside Commons, Ltd., wishes to refinance the existing first mortgage
and proposes to encumber the property with a new first mortgage from NEF
Preservation Mortgage Loan Fund I LP, a Delaware limited partnership, in the
amount of $8,900,000. Staff recommends
approval of this subordination subject to the receipt of $98,376.75 from
Lakeside Commons, Ltd., which will bring the loan payments up to date as of
April 30, 2018. These are SHIP grant funds which require no local match.
District 7 (JB)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to approve: appointment
of the following individuals to the Commission on Affordable Housing (CAH), for
the July 1, 2018 to June 30, 2021, term:
Appoint: Nominated By:
Leonard
Tylka Vice Mayor Mack Bernard Commissioner
Hal R. Valeche Commissioner Steven
Abrams
Miguel
Jose´ Muniz Vice Mayor Mack Bernard Commissioner
Hal R. Valeche
Commissioner Paulette
Burdick Commissioner Steven
Abrams
Laurel
Robinson Commissioner Hal R.
Valeche Commissioner Paulette
Burdick Commissioner
Steven Abrams
Ezra
M. Krieg Vice Mayor Mack
Bernard Commissioner Hal
R. Valeche
Commissioner Paulette
Burdick Commissioner Steven
Abrams
Joseph
E. Gray Vice Mayor Mack Bernard Commissioner Hal R. Valeche
Commissioner
Paulette Burdick Commissioner
Steven Abrams
Corey
W. O’Gorman Vice Mayor Mack Bernard Commissioner Hal R. Valeche
Commissioner Paulette
Burdick Commissioner Steven
Abrams
Gail
Williams Vice Mayor Mack
Bernard Commissioner Hal
R. Valeche
Commissioner Paulette
Burdick Commissioner Steven
Abrams
James
T. Houston Mayor Melissa McKinlay
George
A. Campbell Mayor Melissa McKinlay
SUMMARY: F.S. 420.9076
requires that Palm Beach County establish the members of an Affordable Housing Advisory
Committee as a condition of receiving State Housing Initiatives Partnership
(SHIP) Program funding from the Florida Housing Finance Corporation. The County established the CAH in 1993
through adoption of the Affordable Housing Ordinance (No. 93-8). The CAH functioned until 2011 when it became
inactive due to resignations and subsequent difficulty recruiting members due
to concerns regarding conflicts of interest.
On May 17, 2017, the Board adopted a new Affordable Housing Ordinance
(No. 2017-017) that included changes to the responsibilities of the CAH that
have alleviated prior conflict of interest concerns. In accordance with F.S.
420.9076 and the Palm Beach County Affordable Housing Ordinance (No. 2017-017),
the CAH will function to review local affordable housing policies and incentive
strategies, and to provide recommendations to the County regarding the same. F.S.
420.9076 calls for a minimum of eight and a maximum of 11 members representing
various subjects related to affordable housing. At this time, staff recommends the appointment
of the above nine individuals. Vacant seats remaining include: a representative
of essential services personnel and a representative who actively serves on the
local planning agency pursuant to F.S. 163.3174. Ezra M. Krieg of Gulfstream
Goodwill Industries, Inc., and Corey W. O’Gorman of PLACE Planning and Design,
Inc., and James T. Houston of Houston Realty have disclosed their employers’
existing contracts with the County.
Staff has evaluated these contractual relationships and determined
that the CAH provides no regulation, oversight, management or policy-setting
recommendations regarding any of the disclosed contractual relationships.
Disclosure of these contractual relationships at a duly noticed public meeting
is being provided in accordance with the provisions of Section 2-443 of the Palm
Beach County Code of Ethics. A diversity count of the nine representatives
recommended for appointment by the BCC demonstrates a racial/ethnic breakdown
as follows: Caucasian: 5 (56%); African-American: 3 (33%); and
Hispanic-American: 1 (11%). The gender
ratio (female:male) is 2:7. Countywide (JB)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 4 for
the Improvements to Master Repump Station 9-North Project (Project) with Baxter
& Woodman, Inc., d/b/a Mathews Consulting for a fixed price of $190,517.49. SUMMARY: On June 20,
2017, the Board of County Commissioners approved the Water Utilities Department
(WUD) Contract for Consulting/Professional Services for General Utility,
Architectural & Value Engineering Services with Baxter & Woodman, Inc.,
d/b/a Mathews Consulting (R2017-0815). CSA No. 4 provides for engineering
services relating to the design, permitting and bidding services for the
Project. The Project includes the addition of a new pump, modifications to the
temporary bypass, new variable frequency drives, replacement of the existing
generator, structural improvements to the building and site access control. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance is 15% overall. The
Contract with Baxter and Woodman, Inc.,
d/b/a Mathews Consulting provides for SBE participation of 26% overall.
CSA No. 4 includes 40.29% overall participation. The cumulative SBE
participation, including CSA No. 4, is 33.83% overall. Baxter and Woodman, Inc., is headquarted in Crystal Lake,
Illinois but maintains an office in Palm Beach County from which the majority
of the work under CSA No. 4 will be undertaken. (WUD Project No. 18-036) District
5 (MJ)
2. Staff recommends
motion to approve:
A) contract with All Webbs Enterprises, Inc., for the
Water Treatment Plant (WTP) Nos. 2, 3, 8, and 9 System-Wide Wellfield
Improvements Project Phase 2 (Project) in the amount of $6,247,790; and
B) a $6,536,000 budget transfer in the Water Utilities Department Capital
Improvement Fund (Fund 4011).
SUMMARY: On March 21, 2018, four bids were received to rehabilitate
four surficial production wells located in Delray Beach and West Palm Beach and
the replacement of six surficial production wells located in West Palm Beach
and Boca Raton. Rehabilitation and replacement of production wells is necessary
in order to restore capacity and ensure a reliable water supply to the WTPs. All Webbs Enterprises, Inc. was determined to be the lowest responsive and
responsible bidder in the amount of $6,247,790. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with All Webbs
Enterprises, Inc. provides for SBE participation of 100% overall. The
Office of Small Business Assistance determined that All Webbs Enterprises, Inc. met the 15% SBE requirement. All Webbs Enterprises, Inc. is a Palm
Beach County company. (WUD Project No. 16-017) Districts 2 & 5 (MJ)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
3. Staff recommends
motion to:
A) approve Interlocal
Agreement between Palm Beach County (County) and the City of Lake Worth (City)
relating to Assessment of Joint Wastewater Transmission System (Agreement); and
B) authorize the County Administrator or designee to execute an Assessment Initiation Form, which is attached to the Agreement as Exhibit “B”, for future Joint Wastewater Transmission System assessment and improvement projects subject to the Agreement.
SUMMARY:
The County and the City
previously entered into an agreement (R2001-0315) to jointly construct, operate
and maintain a 14-mile Joint Wastewater Transmission System (System) from the
City’s master pump station to the East Central Regional Wastewater Reclamation
Facility, as well as an agreement to provide for a one-time assessment of the
System (R2005-2421). The Water Utilities Department (WUD) and the City have
determined that an evaluation of the condition of the System is again
necessary, which requires the execution of a new Agreement. Under the terms of
the Agreement, WUD will hire a Consulting Engineer to evaluate the condition of
the transmission pipeline and associated pump stations, recommend remedial
actions and estimate the cost of such remedial actions. The County and the City will cost-share the
engineering costs for the assessment per the percentage allocations established
in Section 3 of the Agreement. The Agreement additionally allows for ongoing
assessments of the System to be initiated without further approval by the Board
of County Commissioners in accordance with the delegation to the County
Administrator or designee set forth above. (WUD Project No. 18-045) Districts 2 & 3 (MJ)
4. Staff recommends
motion to approve: Supplement No. 2 with Globaltech, Inc., for the East
Central Regional Water Reclamation Facility Reclaimed Water Facility
Improvements Project (R2017-0078) in the amount of $253,966.78 with a 166 day
time extension to the substantial completion date and a 107 day time extension
to the final completion date. SUMMARY:
On March 10,
2015, the Board of County Commissioners (BCC) approved the contract for the
Optimization and Improvements Design-Build (Project) (R2015-0315) with
Globaltech, Inc. The current contract amount is $1,385,104.84. Supplement No. 2 provides for the
replacement of two existing propeller mixers, a 12-inch butterfly valve (BFV),
and a new communications panel, with an increase in cost of $253,966.78.
Supplement No. 2 will additionally extend the substantial completion date of
the Project by 166 days and eliminate the 60-day period between substantial and
final completion that was provided for in the original contract. This results
in the need to only extend the final completion date by 107 days to allow for
final completion to occur the day after substantial completion. The mixer replacement within the Flash Mix
Basin will improve the coagulation/flocculation process prior to the deep bed
filters enhancing the removal of phosphorous and suspended solids in the
reclaimed water. The 12-inch BFV will allow for future connection to the High
Service Pump Station for process piping and the new communications panel will
better integrate the reclaimed water delivery system. The contract provides for
SBE participation of 75%. Supplement No. 2 provides 100% SBE participation. The
cumulative SBE participation including Supplement No. 2 is 95.61%. Globaltech,
Inc., 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.
17-011) District 7 (MJ)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve
Agreement No. 18PB5 (Agreement) with the State of Florida, Department of
Environmental Protection for the Jupiter/Carlin Shore Protection Project
(Project) for an amount not to exceed $160,000 beginning on January 26, 2016
and expiring July 31, 2021;
B) approve
budget amendment of $160,000 in the Beach Improvement Fund for the Jupiter/Carlin Shore Protection Project; and
C) authorize
the County Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with this Agreement and
other necessary minor amendments that do not significantly change the scope of
work, terms, or conditions of this Agreement.
SUMMARY: The Agreement reimburses the County up to
$160,000 for completed permitting, which began in 2016. The Agreement also
reimburses the County for design-related monitoring and any future monitoring
tasks for the County’s scheduled re-nourishment in FY2020. A local match of up
to $160,000 is required (100% match), which is
available in the Beach Improvement Fund from tourist development taxes. District 1 (AH)
2. Staff recommends
motion to:
A) approve
Agreement No. 18PB6 (Agreement) with the State of Florida, Department of
Environmental Protection for the South Lake Worth Inlet Management Plan
Implementation (Project) for an amount not to exceed $60,000 beginning on
January 1, 2018 and expiring October 1, 2019;
B) approve
budget amendment of $60,000 in the Beach Improvement Fund for the South Lake Worth Inlet Management Plan Implementation;
and
C) authorize
the County Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with this Agreement and
other necessary minor amendments that do not significantly change the scope of
work, terms, or conditions of this Agreement.
SUMMARY:
Permit-required biological and physical monitoring associated with the
operation of the sand transfer plant, located on the inlet’s north jetty, is
estimated to be $80,000 for 2018. The Agreement reimburses the
County up to $60,000, with a required local match of up to $20,000 (25%), which
is available in the Beach Improvement Fund from tourist development taxes. District
4 (AH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following original executed Amphitheater Rental Agreement:
Music Jam Productions, LLC, Florida
Jam Concert, Sunset Cove Amphitheater, from May 18, 2018 to May 20, 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 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. District 5 (AH)
2. Staff recommends
motion to receive and file: the
following original executed
Sound and Light Production Services Contractor Agreement:
Blackwood Productions, LLC, Florida Jam Concert, Sunset Cove
Amphitheater, for the period May 18, 2018 through May 20, 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 Sound and Light Production
Services 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 2009-0592,
amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368 and
2018-0179, and is now being submitted to the Board to receive and file. District
5 (AH)
3. Staff recommends
motion to receive and file: the
following original executed
Entertainment Contractor Agreement:
Thomas J. Regis, Sunnyside Swing
Concert, Canyon Amphitheater, on May 19, 2018.
SUMMARY: The Parks and Recreation Department produces cultural activities to promote
the quality of life in the communities it serves. A sponsorship from GL Homes
offset the expenses of the concert. 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. District 5 (AH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to receive and file: the
following original executed Independent Contractor Agreement:
Palm Beach County Officials Association,
Inc., Youth Basketball League, West Boynton Beach Recreation Center, for the
period April 28, 2018 through September 29, 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 3 (AH)
5. Staff recommends
motion to approve: budget transfer
of $33,064 within the 2003 $25 Million General Obligation Recreational and
Cultural Facilities Bond Fund Reserves to the Caloosa Park Exercise Course
Improvement project. SUMMARY: This funding will be utilized to assist in the
renovation and replacement of exercise equipment along the existing exercise
course at Caloosa Park. Funding for this budget transfer is from the
2003 $25 Million General Obligation
Recreational and Cultural Facilities Bond Fund reserves. Reserve funding was
accumulated through interest and residual balances from completed bond projects
in this fund. This budget transfer will
exhaust all remaining reserves in this bond fund. District 4 (AH)
P. COOPERATIVE
EXTENSION
1. Staff recommends
motion to:
A) accept
the donation of $9,035 from the Friends of the Mounts Botanical Garden, Inc.
(Friends) to fund the architectural design work for the renovation and
expansion of the Garden Shop in the Mounts Botanical Garden of Palm Beach
County (Garden); and
B) approve
budget amendment (Fund 1482) in the amount of $9,035.
SUMMARY: The Friends of Mounts Botanical Garden has made a donation of $9,035 to
the County for the conceptual design to renovate the gift shop and for the
design of the electrical grid in the Mounts Botanical Garden. The Cooperative
Extension Department is working with Facilities Development and Operations for
this renovation. The renovation and
expansion will further enhance the garden.
No ad valorem funding is required for this project. Countywide
(AH)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve: the
write-off of uncollectible emergency transport patient accounts to remove these
amounts from the County’s general ledger for the following period:
October 1, 2013
through September 30, 2014 (FY 2014) $11,980,325.53
SUMMARY: In December 1994, the Board authorized Fire
Rescue to transport critically ill/injured patients and bill for those
services. The County contracts with a private company for these billings and
collections services. The County receives payment from a number of sources,
including commercial insurance, Medicare, Medicaid, and private individuals.
During the period October 1, 2013 to September 30, 2014, Fire Rescue generated
$42,721,650.35 in gross transport billings and collected (to-date)
$20,916,947.89. After adjustments of $9,824,376.93, required under the
guidelines of the Medicare/Medicaid programs, the balance of $11,980,325.53 is
currently deemed to be uncollectible. This balance is primarily due to partial
payments, insurance denial based on medical necessity, the inability to obtain
accurate patient and/or insurance information, and patients without medical
coverage or high deductibles. Staff recommends the amount deemed uncollectible
be written-off the County’s general ledger. Countywide (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) rescind
Interlocal Agreement R2013-0308.2, dated March 12, 2013 as amended;
B) approve the
replacement Interlocal Agreement for network services
with the City of Palm Beach Gardens for an annual revenue of $9,900; and
C) authorize the
County Administrator or designee, to approve and execute Task Orders associated
with these services, up to a maximum dollar value of $50,000 per Task Order.
SUMMARY: The
City of Palm Beach Gardens has an existing Interlocal Agreement, as amended,
with Palm Beach County (R2013-0308.2) for network services. The County
recommends rescinding that Agreement and replacing it with a new Agreement for
an initial term of one year with automatic one-year renewals unless notice is
given by either party. This revised Agreement includes updated contract
terms to provide network services and internet access to the City Hall, four
Fire Stations, Tennis Center, Golf Course and Skate Park locations and removes service
from the Mirasol Park location. It will generate $9,900 in annual
revenues to the County and fully reimburse the County for one-time installation
costs estimated at $17,351 to connect the Tennis Center. The Florida
LambdaRail LLC has approved connection of the City to the Florida LambdaRail
network. District 1 (DCB)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
2. Staff recommends
motion to:
A) approve Interlocal
Agreement for network services with the Town of Lake
Park for an annual revenue total of $10,500; and
B) authorize the County Administrator or designee, to
approve and execute Task Orders associated with these services, up to a maximum
dollar value of $50,000 per Task Order.
SUMMARY: Under this
Agreement, Palm Beach County Information Systems Services (ISS) will provide
network services and internet access to the Town of Lake Park at the Town Hall,
Public Works and Public Library locations.
The Agreement is for an initial term of one year with automatic one-year
renewals unless notice is given by either party, and will generate $10,500 in
annual revenue to the County and fully reimburse the County for one-time
installation costs estimated at $78,183. The Florida LambdaRail LLC has
approved connection of the Town of Lake Park to the Florida LambdaRail network.
District 7 (DCB)
3. Staff recommends
motion to approve: budget transfer in the amount of $252,142
within the Information Technology Capital Improvements fund to reallocate
project expenditure budgets and initiate a new Information Systems Services
(ISS) Capital Project, “Renovation of Former 4th Floor Data Center”.
SUMMARY: ISS manages more than 40
active Capital Improvement projects related to Information Technology for Palm
Beach County. Three projects – Novell
Metadirectory (Unit I237), Visual Planning Technologies-System (Unit I267), and
LEX Backup & Recovery (Unit I337) were completed with residual balances
remaining; and one project – Oce Printer Replacement (Unit I308) will not be
required due to a decision to phase-out the in-house printing operation. A new ISS Capital Project, “Renovation of
Former 4th Floor Data Center” will be established with a budget of
$252,142 by reallocating balances from the above referenced projects. This project is necessary to renovate space
on the 4th floor of the Governmental Center, which became available
when the ISS Enterprise Data Center was relocated to the Vista Center. Countywide
(DCB)
4. Staff
recommends motion to approve:
A) donation of computer equipment (network
storage device and network switch) with a remaining book value of $5,564.01 to
the Palm Beach County Law Enforcement Exchange (LEX), Inc., a registered 501
(c) (3) organization; and
B) donation of the County-developed
software applications comprising the LEX information sharing program.
SUMMARY: Palm
Beach County Law Enforcement Exchange, Inc. (LEX) was formed to enable and
promote data sharing among local law enforcement agencies in Palm Beach
County. LEX is organized as a non-profit organization whose board members
include various police chiefs from municipal police departments, a designee
from the Palm Beach Sheriff’s Office (PBSO) and the State Attorney. In
June 2017, PBSO notified LEX that PBSO would no longer participate in the LEX
program. In conjunction with this decision, some PBSO-owned computer
equipment was donated to LEX. In December 2017, responsibility for
providing technical support transitioned from ISS to a third party service
provider. In order to maintain the existing infrastructure intact, LEX
has requested the County to donate two equipment items to LEX, as well as the
LEX application software. One equipment item is fully depreciated and the
other has a residual value of $5,564.01. The LEX software was developed
in-house by ISS programming staff. Countywide (DCB)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to approve: Memorandum of
Understanding (MOU) with Catholic Charities of the Diocese of Palm Beach, Inc.
to formalize the coordination efforts for the delivery of forensic
examinations, advocacy services and counseling services for identified human
trafficking victims of sexual assault. The terms of this agreement commences on
May 15, 2018, and continues through September 30, 2019 with no financial
obligation. Summary: The MOU outlines the respective duties,
responsibilities, policies, and procedures that will be undertaken by Catholic
Charities of the Diocese of Palm Beach, Inc. and the County when providing
forensic examinations, advocacy services and counseling services to identified
trafficking victims of sexual assault.
With specific grant directives imposed on Catholic Charities of the Diocese
of Palm Beach, Inc., in handling human trafficking victims of sexual assault,
this agreement establishes a coordinated and comprehensive response for victim
services at the local level. Catholic
Charities of the Diocese of Palm Beach, Inc. previously provided services to
human trafficking victims of sexual assault. However, this
agreement formalizes the cooperative arrangements between Catholic Charities of
the Diocese of Palm Beach, Inc. and the County to ensure a coordinated response
is provided to human trafficking victims of sexual assault and is commensurate
with services available to sexual assault victims in the community at large. Countywide
(LDC)
2. Staff recommends
motion to:
A)
approve contract for Veterinary Services with Crystal Ramsey, DVM, for relief
veterinary services at the main shelter in an amount not to exceed $24,000 for
the period July 10, 2018 through July 10, 2019; and
B)
authorize the County Administrator or designee to sign all future renewals, task
assignments, and necessary minor amendments that do not change the scope of
work or terms and conditions of the contract after approval of legal
sufficiency by the County Attorney’s Office and within budget allocations.
Summary: The
Animal Care and Control Division is required to provide appropriate and
necessary veterinary services for sheltered animals. The relief veterinarian
will enable staff to maintain an acceptable number of veterinarians to handle
the volume of animals processed, especially during periods of high influx. Countywide
(SF)
3. Staff recommends
motion to receive and file: four
Grant Adjustment Notices (GAN) #003: Release Funds; #007: Completed
Required Webinars; #008: Removal of Special Conditions Related to Financial
Clearance; and #7D: Travel; with the US
Department of Justice (DOJ), Office on Violence Against Women (OVW), Grants to
Improve Criminal Justice Response Program (ICJR) (2017-WE-AX-0034), which
facilitated administrative filing and approvals through March 16, 2018. Summary: As per grant guidelines, certain expenditures
and work product require approval from the OVW ICJR grant manager. The approval process is facilitated by
drafting a GAN and submitting it through the OVW’s Grant Management web
portal. GAN #003 released the funds as
all programmatic reports had been submitted and all reporting requirements met.
GAN #007 approved the webinar completion checklist. Grantees were required to
complete mandatory webinars and submit a checklist verifying compliance. GAN
#008 removed Special Condition 50 related to financial clearance by the
approval of the budget and budget narrative.
GAN #7D denied the request to pay for two staff to attend the Florida
Council Against Sexual Violence Biennial Training Summit because it was not an
OVW sponsored training. 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)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to receive and file: Volunteer & Employee Criminal History
System (VECHS) User Agreement with the Florida Department of Law Enforcement
(FDLE), which authorized the Department of Public Safety Division of Consumer
Affairs (DCA) to process “level 2” criminal history background checks on home
caregiver applicants. Summary: The DCA received a request from the FDLE to
sign a new VECHS User Agreement to enable DCA to process “level 2” criminal
history background checks on home caregiver applicants using live scan
technology to submit fingerprints to the FDLE and Federal Bureau of
Investigation databases. The new
agreement includes non-substantive changes compared to the agreement currently
in place, which was approved by the Board of County Commissioners on March 1,
2016, (R2016-0299). The agreement outlines the responsibilities of both parties
to include retention of applicant fingerprints, notification program, privacy,
and security. R2018-0582 authorized the
County Administrator or designee to sign future VECHS applications, user
agreements, amendments and/or renewals for criminal history background checks
on home caregivers with FDLE. Countywide (LDC)
5. Staff recommends
motion to approve: appointment of two nominees to Consumer Affairs
Hearing Board (CAHB) for the term of July 10, 2018 to September 30, 2020 as
follows:
Seat |
Appointment |
Seat Requirement |
Nominated by |
1 |
Steven Goldberg |
Citizen/Resident—Attorney (new) |
Comm. Valeche Comm. Burdick Comm. Kerner Comm. Abrams |
3 |
David Shane |
Citizen/Resident (new) |
Comm. Valeche Comm. Burdick Comm. Kerner Comm. Abrams |
Summary: The
Consumer Affairs Ordinance was approved by the Board of County Commissioners
(BCC) on December 17, 2013, and codified in Chapter 9, Article I of the Palm
Beach County Code. The Consumer Affairs Ordinance established a seven member
CAHB. The CAHB serves in both an advisory capacity to the County Commissioners
and as an Appeals Hearing Board to hear and act on consumer concerns about
unfair/deceptive business practices and appeals relating to the towing, vehicle
for hire, moving, home caregiver, adult entertainer, water taxi, and consumer
affairs ordinances. Members are selected from various businesses, professions
and the general public. A memo was sent to the BCC on May 23, 2018, seeking
nominations for the above two at-large seats. The CAHB has seven seats, five
are currently filled. The two nominees are both Caucasian males. With the appointments to these seats, the
CAHB will have seven seats filled. The CAHB will have a diversity count as
follows: Asian: 2 (29%) African American: 1 (14%) and Caucasian: 4 (57%). The
gender ratio (male: female) will be 7:0. Countywide (LDC)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
6. Staff recommends
motion to approve: Statewide
Mutual Aid Agreement (SMAA) with the Florida Division of Emergency Management
(FDEM) for a period of one year from date of execution with automatic renewal
each year. Summary: The SMAA is promulgated by the State of
Florida and sets forth the standard protocols to be used in the request,
utilization, and reimbursement process associated with requests for mutual aid
resources. The State has issued an update to the SMAA and has requested all
signatories execute the updated agreement. The 2018 update includes the SMAA to
be used for smaller events; no declaration of a state of emergency is needed
for the agreement to be activated. It also includes new forms to be used for
requesting reimbursement. The Agreement
is for a term of one year with automatic renewal with no expiration unless
notice is given of cancellation at least 60 days prior to renewal. All County municipalities and most taxing
districts with emergency response capabilities are signatories on the SMAA, or
are in the process of becoming signatories.
Palm Beach County is vulnerable to a wide range of disasters that are
likely to cause the disruption of essential services and the destruction of the
infrastructure needed to deliver critical services. The County may be either
the requesting or assisting government in accordance with terms of the SMAA.
The requesting party has the responsibility for reimbursing the assisting party
for expenses incurred and reimbursement
from the Federal Emergency Management Agency would be sought if a declared
disaster. Countywide (LDC)
7. Staff recommends
motion to:
A) ratify the Mayor’s signature of
approval for the Sexual Assault Services Formula Grant Program (SASP) for
$173,751 for the first year of an award period from August 1, 2018 through July
31, 2021 to increase availability of victim services for adult, youth, and
child victims, expand advocacy services to include collateral victims, and
increase awareness and accessibility of victim services within the lesbian,
gay, bisexual, and transgender (LGBT) communities; and
B) authorize the County Administrator or designee to
execute the grant award and amendments and to submit electronic reports
after approval of legal sufficiency by the County Attorney’s Office and within
budget allocations.
Summary: The Division of Victim Services provides
advocacy services to victims of sexual assault. Staff also participates in
sexual assault specific community outreach to increase awareness and community
engagement in sexual violence services and education. The SASP is a three year
grant, up to $173,751 may be requested for the period of August 1, 2018 through
July 31, 2019. Awards for subsequent
years are anticipated to be the same or a similar amount. If awarded, the SASP will fund two Victim Advocates
to increase intervention, advocacy, accompaniment, and support services to
adult, youth, and child victims of sexual assault and those collaterally
impacted by the victimization. In addition, a part-time sexual assault outreach
coordinator will be added to increase sexual assault awareness and a working
knowledge of the existing services that are available for victims of sexual
assault specifically in the LGBT community.
No County matching funds are
required for this grant. Countywide
(LDC)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: First
Amendment to contract for Consulting/ Professional Services with Island Medical
Care, LLC., (Dr. Earl Campazzi, M.D.) (R2015-1059) to provide 96 hours per
month of on-site physician services for the County’s occupational health clinic
for the period of September 1, 2018 through August 31, 2019 (with one annual
option to renew at the County’s sole discretion) in a not-to-exceed amount of
$173,534.40. SUMMARY: Following a competitive process in 2015 that
included the public advertisement of an expiring contracted position for an
on-site physician for the County’s occupational health clinic, Dr. Earl
Campazzi, M.D. (Island Medical Care, LLC) was selected as the contracted
physician. On August 18, 2015, the Board approved a three-year contract with
Dr. Campazzi that provided for 96 hours per month of on-site physician services
for an amount not-to-exceed $505,440 ($168,480 annually), and allowed for two
consecutive one year renewals at the County’s sole discretion (R2015-1059). The
First Amendment to Contract for Consulting/Professional Services exercises the
first one-year renewal and provides for a 3% cost of living adjustment for an
annual not-to-exceed amount of $173,534.40. The First Amendment also updates
certain contract terms to conform to the County’s standard contract language. Countywide
(HH)
AA. PALM TRAN
1. Staff recommends
motion to adopt: resolution
of the Board of County Commissioners of Palm Beach County (BCC), Florida,
authorizing the execution and submittal of a grant application, standard
assurances and grant agreement with the Florida Commission for the
Transportation Disadvantaged (CTD), in the amount of $4,271,633 for the Trip
& Equipment Grant Program (CSFA 55.001) to provide Palm Tran Connection
Service (Connection) trips and discounted daily and monthly fixed route
passes. This is a unit cost agreement
and has an anticipated start date of July 1, 2018 and anticipated end date of
June 30, 2019. SUMMARY: Since June 1999,
the BCC has received annual funding from the State of Florida through the CTD
to provide opportunities for non-sponsored transportation disadvantaged citizens, not covered under ADA regulations. These funds
help them to obtain access to transportation for daily living needs when they
are not sponsored for that need by any other available federal, state or local
funding source. Palm Tran Connection and
Palm Tran Fixed Route provide these services.
It is estimated over 2,500 County residents will utilize this program by
taking over 11,300 trips monthly on Connection. 2,700 County residents will
utilize this program on fixed route service using monthly passes. For FY2018-19, the County has been awarded
$3,844,470, which requires a local match of 10% or $427,163 for a total grant
agreement of $4,271,633. The total anticipated
cost to provide TD Service is $5,922,395, which requires the County to
overmatch $1,650,761 in order to maintain the program at its current level. A
budget amendment will be included when the fully executed agreement is brought
to the BCC as a receive and file item. Countywide (DR)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
2. Staff
recommends motion to:
A) adopt a Resolution of the Board of County Commissioners of Palm Beach County
(BCC), Florida, authorizing the execution and submittal of a grant application,
and grant agreement with the Florida Commission for the Transportation
Disadvantaged (CTD), in the amount of $49,789 for the
Administrative Support Grant Program (CSFA 55.001) to provide funds for
operational and planning expenses for the Designated Official Planning Agency. This is a deliverable agreement and has an
anticipated start date of July 1, 2018 and anticipated end date of June 30,
2019; and
B) authorize the County Administrator
or designee to submit and execute, on behalf of the BCC, a transportation
disadvantaged local program administrative support grant agreement with the
Palm Beach Transportation Planning Agency (TPA) in order to fund the Palm Beach
TPA’s transportation disadvantaged planning activities in fiscal year 2018/19.
SUMMARY:
Since 1999, the Board of County Commissioners (BCC) has been the
designated Community Transportation Coordinator (CTC) for Palm Beach
County. Palm Tran has assumed
responsibilities for the implementation of the CTC designation. On June 1, the State legislative staff
directed the Florida Commission for the Transportation Disadvantaged (CTD) to
have each community transportation coordinator pay the planning agency within
its service area from the additional funds it received in the Trip and
Equipment Grant. This includes the
Administrative Support Grant (TD Planning Grant), which normally is granted to
the Palm Beach TPA directly. The TPA
serves as the designated official planning agency for CTD in Palm Beach
County. The TPA has received this annual
allocation in the past to carry out specific planning activities. The allocation for fiscal year 2018/19 for
$49,789 does not require a match. A budget amendment will be included when the fully executed
agreement is brought to the BCC as a receive and file item. Countywide
(DR)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to receive and file: contracts for Professional
Services with the following Doctoral Psychology Interns to complete a required
2,000-hour internship that will provide the interns training and experience in
family and youth counseling for the period August 6, 2018, through August 2,
2019:
A) Morgan Corbitt in the amount of
$24,920;
B) Taylor Schnaper in the amount of
$24,920;
C) Rachelle Sosu in the amount of
$24,920; and
D) Ashley White in the amount of $24,920;
SUMMARY:
The Youth Services Department’s Residential Treatment and Family
Counseling Division (Division) is an authorized counselor training facility for
many state colleges and universities offering degrees in psychology, social
work, etc. Doctoral programs require internships in order to meet degree and
licensing requirements. The Division is
offering its program as a location to obtain this training. The interns provide the equivalent of four
FTEs at a cost of less than two FTEs. Each intern, at a minimum, is assigned
and completes the workload equivalent to a Family Therapist. The hourly rate of a Family Therapist is
$21.79 versus the hourly intern rate of $12.21.
Additionally, each intern shall receive a $500 stipend for health
insurance. On September 11, 2012, Agenda Item 3X-3 authorized the County
Administrator, or designee, to execute future doctoral psychology intern
contracts on behalf of the Board of County Commissioners, after approval of
legal sufficiency by the County Attorney’s Office, and within budgeted
allocations. The contracts span two fiscal years, and sufficient funding is
included in the current budget and in the proposed FY 2019 budget to meet
County obligations. Countywide (HH)
CC. SHERIFF
1. Staff recommends
motion to:
A) receive and file Grant Modification #1, dated May 29, 2018, with the Office of National
Drug Control Policy to provide an additional $88,473 in grant funds for the
Palm Beach County Narcotics Task Force; and
B) approve budget amendment
of $88,473 in the Sheriff’s Grant Fund.
SUMMARY: The Board of County Commissioners accepted this grant award for $47,639
on April 10, 2018 (R2018-0593). This Grant Modification #1 will provide an
additional $88,473 in reimbursable funding. There is no match requirement
associated with this award. Countywide (LDC)
2. Staff recommends
motion to receive and file: Modification #1 to Subgrant Agreement between
the City of Miami and the Palm Beach County Sheriff’s Office on
behalf of the Palm Beach County Sheriff’s Office to extend the grant
period from June 30, 2018 through September 30, 2018. SUMMARY: The Board of
County Commissioners accepted this grant for $622,675 on June 6, 2017
(R2017-0769). This agenda item will extend the grant period from June 30, 2018
through September 30, 2018. Countywide (LDC)
JULY 10, 2018
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
3. Staff recommends
motion to receive and file: Modification
#3 to Subgrant Agreement between the Division of Emergency Management and the
Palm Beach County Sheriff’s Office on behalf of the Palm Beach County Sheriff’s Office to extend the
grant period from June 30, 2018 through September 30, 2018. SUMMARY: The Board of County Commissioners accepted this grant for $239,384 on
November 1, 2016 (R2016-1611). On December 19, 2017, the grant was modified to
include a budget modification and project period extension (R2017-1935). This
agenda item will extend the grant period from June 30, 2018 through September
30, 2018 through Modification #3. Countywide (LDC)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a Memorandum of
Agreement with the City of Miami for a FY17 Urban Area Security Initiative (UASI)
Grant in the amount of $574,478, for the period of June 5, 2018 through June
30, 2019, and
B) approve budget amendment of $574,478
in the Sheriff’s Grant Fund.
SUMMARY: The 2017 UASI grant supports various
domestic security initiatives within the County and South Florida Region 7,
including our intelligence operations, training and exercises, and specialty
teams. The UASI is a federally-funded
homeland security grant program, pass-through the State of Florida to the City
of Miami, as the UASI’s fiscal agent. There is no match requirement
associated with this award. Countywide (LDC)
5. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a donation from The H.E. Hill Foundation,
Inc., in the amount, of $50,000 for the FY2019 Gunfire Detection and Location
Project; and
B) approve budget amendment of $50,000 in the
Sheriff’s Grant Fund.
SUMMARY: On June 6, 2018, the
Palm Beach County Sheriff’s Office (PBSO) received a donation from The Howard E. Hill Foundation to offset the contractual services
cost of the Gunfire Detection and Location Project. PBSO
is providing a $55,000 match requirement through our FY18 general fund budget. Countywide (LDC)
* * * * * * * * * * * *
JULY 10, 2018
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. FIRE RESCUE
1. Staff recommends
motion to adopt:
A) resolution
setting the special assessment rate to fund fire hydrant maintenance and rental
fees charged to the County by the City of Riviera Beach or its Utility Special
District in a certain unincorporated area within the County’s Fire-Rescue jurisdiction
and the City’s water utility services area; and providing for sunset of this
Resolution; and
B) resolution
adopting the assessment roll for a special assessment to fund fire hydrant
maintenance and rental fees charged to the County by the City of Riviera Beach
or its Utility Special District in a certain unincorporated area within the
County’s Fire-Rescue jurisdiction and the City’s water utility services area;
and providing for sunset of this Resolution.
SUMMARY: Pursuant to Section 26-110 of the
Palm Beach County Code (codifying Ordinance No. 2018-010), these resolutions
adopt the special assessment rate and assessment roll for the levy and
collection of a special assessment in a certain unincorporated area that
receives fire rescue services from the County and water utility services from
the City of Riviera Beach or its Utility Special District (collectively the
City). The properties included in the assessment roll receive the same special
benefit from the hydrants as a part of the County’s fire protection services as
do the properties that are specially assessed within the Municipal Service Benefit Unit for Fire Hydrant
Maintenance and Rental - Riviera Beach (MSBU-Riviera Beach). Therefore, Palm Beach County Code Section 26‑110
requires that the special assessment amount be determined in the
same manner as the special assessment amount that is levied in the MSBU-Riviera Beach. The special assessment
rate is currently $52.86 per parcel. District 7 (SB)
B. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to:
A) adopt resolution confirming the Municipal Service
Taxing Unit (MSTU) special assessment process for paving and drainage
improvements of Bishoff Road, dead end to Jog Road (Project); and
B) approve budget transfer from the Unincorporated
Improvement Fund Reserves in the amount of $211,500 and appropriate it to the
project.
SUMMARY: Adoption of
this Resolution will allow Palm Beach County to assess 100% of the entire cost
of the project, estimated at $331,500, to all 14 benefitting property
owners. On July 7, 2016, the Board of
County Commissioners approved the allocation of $120,000 to the project for
design. Approval of the budget transfer
will allocate the remaining required balance, with contingency, to the project.
The project includes construction of roadway pavement, driveway reconstruction
and drainage improvements. Benefitting property owners will be assessed a
maximum of $249.46 per abutting front footage. Assessments will be payable in
20 equal annual installments at an interest rate of five and one half percent
(5.5%) per annum. District 2 (LBH)
JULY 10, 2018
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. ENGINEERING & PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to:
A)
approve the Five Year Road
Program (Program) Findings of Fact (per Article 12.M.3.B of the Unified Land
Development Code) with a majority plus one affirmative vote that the delay of
the Linton Boulevard/Military Trail Intersection Improvements and the PGA
Boulevard/Military Trail Intersection Improvements will not result in any link
or intersection on the road network operating at greater than the adopted level
of service, and no development projects are phased to this construction;
B)
adopt an Ordinance to amend
Ordinance No. 85-40, as amended, establishing an amended program; providing for
title; purpose; adoption of revised program and revised list of projects;
implementation of the program; modification of the program; funding of other
roadway improvements; interpretation of exhibit; repeal of laws in conflict;
severability; inclusion in the Code of Laws and Ordinances; and effective date;
and
C) approve the hiring of
professionals to design, appraise and assist in the acquisition of lands,
rights-of-way, and easements necessary to undertake the projects identified in
the program, as approved herein, including but not limited to the employment of
real estate appraisers, engineers, certified public accountants, business
damage consultants and experts, and other professionals deemed necessary.
SUMMARY:
Since the original development and adoption of Palm Beach County’s
(County) program on December 3, 1985, the progress and evolution of current and
near term projects have continued to be monitored. The most recent update to the program was
December 19, 2017. Traffic counts, costs and revenues have been updated. Revisions are being
proposed to modify the program to reflect this updated information. The
Findings of Fact for the delay of Linton Boulevard/Military Trail and PGA
Boulevard/Military Trail Intersection Improvements require a majority plus one affirmative vote for approval. On June 19, 2018, the Board of County
Commissioners approved this amendment on preliminary reading and authorized
advertisement for today’s Public Hearing for final adoption. A mid-year ordinance
amendment with a preliminary reading and a public hearing is required in order
to accomplish this. The approval to hire professionals will facilitate
the property acquisitions necessary to accomplish the road goals of the
program, as amended herein, for Fiscal Year 2018 through Fiscal Year 2022. Countywide (LBH)
JULY 10, 2018
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to:
A) conduct a public hearing for approval of the use of the Uniform
Method of collecting non-ad valorem special assessments provided for in Chapter
197, Florida Statutes pursuant to the Notice of Intent adopted by Resolution
97-2152 and Resolution 2011-1833;
B) adopt the non-ad valorem special assessment roll and specify the unit of
measurement and amount of the assessment; and
C) authorize the Mayor to certify the non-ad valorem assessment roll on electronic media
to the Tax Collector pursuant to Chapter 197, Florida Statutes.
SUMMARY: On December 16, 1997, the Board approved Resolution 97-2152, and on
November 15, 2011, the Board approved Resolution 2011-1833, expressing the
intent of Palm Beach County to use the Uniform Method of collecting non-ad
valorem special assessments. The Uniform
Method in Resolution 97-2152 provides for inclusion of water and street
improvement project special assessments on the tax bill. The Uniform Method in
Resolution 2011-1833 provides for the abatement of nuisance conditions. Placing
these accounts on the tax bill reduces administrative (including collections)
costs and provides for a more efficient collection of amounts due to the
County. A public hearing is required to implement this collection method for
new special assessment projects to be included on the 2018 tax bill. Countywide
(DB)
* * * * * * * * * * * *
JULY 10, 2018
A. COMMUNITY
SERVICES
1. DELETED FOR FURTHER STAFF REVIEW: Staff
recommends motion to approve: budget transfer in the amount of
$158,500 from the General Fund, Contingency Reserves to the Division of Human
and Veteran Services to replace a loss of State grant funds for the period of
July 1, 2018 through June 30, 2019. SUMMARY: During the 2018 Legislative Session, the
Department of Children & Families (DCF) received budget authority for
continued Challenge Grant funding in FY 2018-2019. However, no legal transfer
authority (proviso language) was provided for the Florida Housing Finance
Corporation to release the funding from the Local Housing Trust Fund to DCF.
Therefore, there is no source of funding for Challenge Grants in the upcoming
FY 2018-2019. On May 22, 2018, the Department of Community Services was
notified that the State of Florida would be amending contract IP003 to remove
the Challenge Grant funds in the amount of $158,500 effective July 1, 2018. As
this contract was originally approved on November 21, 2017 for the period of
October 1, 2017 through June 30, 2019, these funds were sub-contracted out to
The Homeless Coalition of Palm Beach County, Inc. for the development of
system-wide performance measures for homeless prevention services and Catholic
Charities of the Diocese of Palm Beach, Inc. for financial assistance to needy
families. Approval of this item will allow the continuation of contracted
services. The portion of funds unspent in FY 2018 will be carried forward to FY
2019. (Division of Human and Veteran Services) Countywide (HH)
B. PLANNING, ZONING &
BUILDING
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
August 14, 2018: Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending
Chapter 14 of the Palm Beach County Code (Ordinances 2003-051, 2005-061,
2009-009, and 2012-008) pertaining to property maintenance; amending Section
14-3 (Duties and Powers of the Code Official); amending Section 14-22 (General
Definitions); amending Section 14-31 (General); amending Section 14-32
(Exterior Property Areas); amending Section 14-36 (Extermination); amending
Section 14-61 (Definitions); amending Section 14-62 (Nuisances Declared);
amending Section 14-63 (Nuisance To Be Abated); amending Section 14-64
(Procedure For Enforcement); amending Section 14-67 (Notice Of Assessment);
providing for savings clause; providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the Code of Laws and Ordinances;
providing for enforcement; providing for penalty; providing for captions; and
providing for an effective date. SUMMARY: This Ordinance revises provisions in the
Property Maintenance Code to improve public safety and welfare, provide for
definitions consistent with recent Unified Land Development Code changes,
ensure that developed and vacant properties and abandoned golf courses meet
minimum maintenance requirements, update swimming pool barrier requirements,
require owners of multiple occupancy structures to provide for extermination
within the structure and make changes recommended by the County Attorney’s
Office. Based on multiple discussions with the Board of County Commissioners
with regard to abandoned golf courses, this Ordinance requires grass,
weeds and low-growing vegetation on abandoned or inactive golf courses to be
mowed to seven inches on the first 25 feet from the property line and 18 inches
on the remainder of the property. Countywide
(SF)
JULY 10, 2018
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve: the Thirteenth Amendment to the Palm Beach County Action
Plan for Fiscal Year 2016-2017. SUMMARY: On July 12,
2016 (R2016-0937) the Board of County Commissioners approved the Action Plan
for Fiscal Year 2016-2017, including $325,000 of Community Development Block
Grant (CDBG) funding for the Parks and Recreation Department (Parks) for the
acquisition of properties and development of a neighborhood park at 1543 and
1551 Meridian Road in West Palm Beach, in the unincorporated Plantation
neighborhood. Negotiations with the
owners of the initial project site did not result in an agreement for the
acquisition. Subsequent extensive
efforts to identify a feasible alternate site within the Plantation
neighborhood have not been successful.
In order to meet expenditure requirements mandated by the U.S.
Department of Housing and Urban Development, the funds must now be reallocated
to an activity that can move forward.
Parks has proposed the use of these CDBG funds for the development of a
neighborhood park at 2508 Bridgeman Drive in West Palm Beach, in the
unincorporated Westgate/ Belvedere Homes CRA. The project will include the
construction of a playground, basketball court, and related amenities. Preliminary site design is already complete,
and project implementation can move forward expediently. Staff has recommended
an additional $75,000 in CDBG funds for this project which is included in the Department
of Housing and Economic Sustainability’s Agenda Item 5C-5; the Palm Beach
County Action Plan for Fiscal Year 2018-2019. These are federal CDBG grant
funds which require no local match. District 2 (JB)
2. Staff recommends
motion to adopt: resolution of the Board
of County Commissioners of Palm Beach County, Florida, approving the issuance
of one or more series of Palm Beach County Health Facilities Revenue Bonds
(Lifespace Communities, Inc.) by the Palm Beach County Health Facilities
Authority in an aggregate principal amount not to exceed $215,000,000 (the Bonds)
for the purpose of financing the Project as described herein. SUMMARY:
Lifespace Communities, Inc., an Iowa nonprofit corporation (Corporation), has
requested the Palm Beach County Health Facilities Authority (Authority) to
issue Revenue Bonds in an amount not to exceed $215,000,000 pursuant to a TEFRA
public hearing held on June 1, 2018. The
bonds are to be issued by the Authority for the purpose of providing funds to
the Corporation to finance, refinance, and reimburse the costs of additions
renovations, remodeling, equipping and miscellaneous capital improvements to
the life care communities of Lifespace Communities, Inc., known as Abbey
Delray, located at 2000 Lowson Boulevard in Delray Beach; The Waterford,
located at 601 Universe Boulevard in Juno Beach; and Village on the Green,
located at 500 Village Place in Longwood (Seminole County). All facilitates to be financed by the Bonds
are owned or leased and operated by the Corporation. The Authority issues Bonds to finance
projects for the Village on the Green community pursuant to an Interlocal
Agreement between the Authority and Seminole County. Seminole County is
separately approving the issuance of the Bonds by the Authority for the Village
on the Green projects. Approval by an
elected body is required by the Internal Revenue Code; however, adoption of
this Resolution does not in any way obligate the County. Neither the taxing power nor the faith and
credit of the County, nor any County funds, shall be pledged to pay the
principal, premium, if any, or interest on the Bonds. Districts 1 &
7 (DCB)
JULY 10, 2018
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to adopt: resolution of the Board
of County Commissioners of Palm Beach County, Florida, authorizing the
execution of a First Amendment to Indenture of Trust relating to the County's
Revenue Bonds (Palm Beach Day Academy, Inc. Project) Series 2013 and an IRS
Form 8038 with respect thereto; providing for a general authorization to
perform all acts consistent with the requirements of the Amendment; and
providing an effective date. SUMMARY: In 2013, the County issued Revenue
Bonds (Palm Beach Day Academy, Inc. Project) Series 2013 (2013 Bonds) to
refinance the County's Tax-Exempt Adjustable Mode Revenue Bonds (Palm Beach Day
Academy, Inc. Project) Series 2006 (2006 Bonds). The 2006 Bonds were issued to refinance
earlier Industrial Development Revenue Bonds issued by the County and to
finance capital assets for Palm Beach Day Academy, Inc. (Company) located at
241 Seaview Avenue in Palm Beach and 1901 South Flagler Drive in West Palm
Beach. The 2013 Bonds are owned by Wells Fargo Bank, National Association
(Bank). The Bank and the Company have
agreed to reduce the interest rate borne by the 2013 Bonds. The 2013 Bonds are payable solely from
revenues derived from the Company. A resolution authorizing the First Amendment
to Indenture of Trust (Amendment) is needed, based on the recommendation of the
Company bond counsel and the County Attorney’s Office, as the 2013 Authorizing
Resolution (R2013-0401) may not explicitly address the ability of the Company
and Bank to reduce the 2013 Bonds interest rate and amend the Indenture of
Trust. Neither the taxing power nor
the faith and credit of the County, nor any County funds, shall be pledged to
pay the principal, premium, if any, or interest on the Bond. Districts 1
& 7 (DB)
4. Staff recommends
motion to approve:
A) Fiscal Year 2018-2019 State Housing Initiatives Partnership (SHIP)
budget allocations for affordable housing strategies as follows:
·
Purchase Assistance $900,000
·
Owner Occupied Housing
Rehabilitation $327,667
·
Foreclosure Prevention $ 60,000
·
Administrative Costs $143,074
and;
B) budget amendment to the Affordable Housing Trust Fund 2017-2018 Budget
to recognize a funding allocation for the Fiscal Year 2018-2019 State Housing
Initiative Partnership (SHIP) Program grant award of $1,430,741.
SUMMARY: Palm Beach County receives an annual allocation from the State of
Florida Housing Finance Corporation through the State Housing Initiatives
Partnership (SHIP) Program to implement various affordable housing programs and
other related activities. On April 10,
2018, the Board of County Commissioners approved the SHIP Amended Local Housing
Assistance Plan (LHAP) for fiscal years 2016-2017, 2017-2018 and 2018–2019
(R2018-0608). For Fiscal Year 2018-2019,
Palm Beach County is to receive $1,430,741, an approximate $3 million reduction
from the previous year. If Palm Beach County were fully funded, the allocation
would have been approximately $10 million.
SHIP regulations require that a minimum of 65% of a local jurisdiction’s
SHIP funding be allocated to homeownership activities, and 20% of the fiscal
year’s funding allocation be expended on special needs households. In accordance with the SHIP regulations, the
funds are required to be encumbered within two years and expended within three
years of the allocation. These are State SHIP funds which require no local
match. Countywide (JB)
JULY 10, 2018
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
5. Staff recommends
motion to:
A) adopt resolution
approving the Palm Beach County Action Plan for Fiscal Year 2018-2019;
authorizing the County Administrator, or designee, to execute Standard Forms
424 and Certifications for the Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs;
and funding agreements, amendments thereto, and other documents necessary for
implementation of CDBG, HOME, and ESG activities; and
B) approve conditions to certain CDBG funded capital projects as specified in
Attachment 4 of this agenda item.
SUMMARY: At the April 24,
2018 Workshop (Agenda Item 4B), the Board of County Commissioners (BCC)
conceptually approved program funding strategies for the CDBG and HOME Programs
for Fiscal Year 2018-2019. At the time
of the Workshop, the Department of Housing and Urban Development (HUD) had not
issued the projected municipal award amounts, so we used the current year’s
program allocations as our guide. During
the Workshop, we advised the BCC that approximately $890,000 in CDBG funds were
to be determined. As part of the
proposed final Action Plan (AP), we have identified $890,000 in County capital
projects, as well as other CDBG eligible projects. In May 2018, HUD issued the
funding notifications for each municipality, and Palm Beach County has received
a funding increase in each program. HUD
has allocated $6,442,365 in CDBG funds (10.6% increase), $2,340,834 in HOME
funds (43.8% increase), and $524,079 in ESG funds (1% increase) for FY
2018-2019. The AP funding recommendations
are consistent with the strategies presented to the BCC on April 24, 2018,
which include utilizing the pro-rata share formula for CDBG funding allocations
to municipalities. The AP also allocates
CDBG funds needed to fill budget gaps in several existing CDBG capital projects
in order to complete those projects and meet the expenditure and National
Objective requirements of the U.S. Department of Housing and Urban
Development. CDBG allocations total $6,442,365
plus program income of $10,000. Several
CDBG funded capital projects include conditions that must be met by municipal
sub-recipients (i.e. City of Pahokee’s-Pahokee Gymnasium, Village of Palm
Springs-Foxtail Palm Park, City of South Bay-Tanner and Cox Parks). HOME allocations total $2,340,834. The AP
also incorporates the ESG funding recommendations made by the Homeless and
Housing Alliance (HHA). ESG allocations total $524,079. The HHA Non-Conflict Grant Review Committee
met on April 23, 2018 and recommended ESG funding for five activities. Any
revisions directed by the Board today will be incorporated into the Action Plan
before submittal to HUD by the August 16, 2018 deadline. The ESG required local match ($524,079)
will be provided by the four ESG-funded agencies, the Department of Community
Services, and the Department of Housing and Economic Sustainability. The HOME required local match ($497,428) will
be provided from the State Housing Initiatives Partnership Program. CDBG funds
require no local match. This Agenda Item will approve a total of $9,307,278
in federal funding. Countywide (JB)
JULY 10, 2018
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
6. Staff recommends
motion to:
A) approve Conditional Loan Agreement in the amount of $100,000 with Gulfstream
Goodwill Industries, Inc. (Goodwill) utilizing State Housing Initiative
Partnership (SHIP) funding for the purpose of constructing two multi-unit
buildings for housing very-low to extremely-low income, disabled residents; and
B) delegate authority to the County Administrator, or
designee, to execute the Conditional Loan Agreement, amendments thereto, and
all other documents necessary for project implementation including
subordination agreements.
SUMMARY:
Goodwill has acquired property, via donation by the City of West Palm Beach
(City), located at the northeast corner of North Tamarind Avenue and 20th
Street, for the purposes of constructing six single occupant housing units for
developmentally disabled, very-low or extremely-low income residents. The property consists of two lots. The
property located at 2100 N. Tamarind Avenue was quit claimed from the County to
the City in 2002. The property located on 2108 Tamarind Avenue was acquired by
the City from a private entity in 2008. The cost of the construction, including
all requirements, is estimated to be $950,000.
The Florida Housing Finance Corporation (FHFC) has agreed to fund
$592,000, and Goodwill has applied for $120,000 of SHIP funding from the
City. If approved, this additional
$100,000 of SHIP funding will partially fund the remaining construction costs. The SHIP funds recommended for this project
come from the SAIL/Tax Credit Match activity.
The funding set aside for this activity was not used, because the tax
credit project selected by the State in Palm Beach County was not the tax
credit project recommended by the County Commission. Goodwill is working with several other local
foundations and the City for the remaining funding. The County’s SHIP loan funding would be
contingent on Goodwill securing all funding for the project prior to the
release of any funds by the County. The funding request was submitted by Gulfstream
Goodwill Industries, Inc. and did not go through a request for proposal (RFP)
process. Since the FHFC does not require
a RFP process for its funds, staff is presenting the request for Commission
approval. The project will be compatible with the surrounding neighborhood and
include six units, a case manager office, and a common laundry facility. Each
unit will be approximately 700 square feet with a bedroom, bathroom, and
cooking facilities to provide for independent living. The property and units
will be owned and operated by Goodwill throughout the life of the project and
Goodwill will provide counseling and support services to the residents. The
County’s 15 year affordability requirements for all units will be recorded
against the property and the loan will be made cash flow dependent. The Office
of Financial Management and Budget Agenda Item 5F-1 is a companion item. District 7 (JB)
JULY 10, 2018
5. REGULAR AGENDA
D. YOUTH
SERVICES
1. Staff recommends
motion to conceptually approve: allocations for funding in the areas of Health & Wellness and
Educational Supports, for the period October 1, 2018 through September 30,
2019, with two one-year extensions at the option of the County, in an estimated
total amount of $863,697:
Proposer |
Action
Area |
Amount |
|
|
Health & Wellness |
Educational Supports |
|
Center
for Child Counseling, Inc. |
X |
|
$60,000 |
Compass,
Inc. |
X |
|
$48,645 |
Connection
Education Center of the Palm Beaches, Inc. |
X |
|
$118,500 |
For
The Children Inc. |
X |
|
$75,000 |
The
School Board of Palm Beach County, Florida |
X |
|
$63,750 |
|
|
|
|
Big
Brothers Big Sisters of Palm Beach and Martin Counties, Inc. |
|
X |
$46,453 |
Boys
& Girls Clubs of Palm Beach County, Inc. |
|
X |
$91,451 |
College
for Kids Inc. (Take Stock in Children) |
|
X |
$93,300 |
Junior
Achievement of the Palm Beaches & Treasure Coast, Inc. |
|
X |
$40,000 |
Seagull
Industries for the Disabled, Inc. |
|
X |
$48,896 |
The
Arc of Palm Beach County, Inc. |
|
X |
$32,952 |
The
Palm Beach County Literacy Coalition, Inc. |
|
X |
$51,467 |
The
Guatemalan-Maya Center, Inc. |
|
X |
$48,645 |
Urban
Youth Impact, Inc. |
|
X |
$44,638 |
|
|
|
|
Total |
|
|
$863,697 |
SUMMARY: On April 9, 2018, the Youth Services
Department issued a Request for Proposals (RFP) for Community Based Agencies
(CBAs) funding in FY2019. Proposals were
accepted for two Actions Areas identified as priorities in the Youth Master
Plan: Health & Wellness and Educational Supports. Funding for the CBAs
comes from the Head Start reallocation money identified for
evidence-based/promising programming and services for youth and young adults. Countywide
(HH)
JULY 10, 2018
5. REGULAR AGENDA
E. PALM TRAN
1. Staff recommends
motion to approve:
A)
Labor Management
Agreement (LMA) between Palm Tran, Inc. and the Palm Beach County Board of
County Commissioners (BCC), as joint employer, and the Service Employees
International Union, Florida Public Services Union, CtW, CLC (SEIU)
representing 40 regular full-time, non-professional, supervisory employees of
Palm Tran, Inc. for the three year period of October 1, 2017 through September
30, 2020; and
B) Letter of Agreement (LOA) between Palm
Tran, Inc. and SEIU establishing an implementation schedule as supplement to
the Labor Management Agreement.
SUMMARY: On January 19, 2018, Palm Tran began
contract negotiations with SEIU for the purpose of negotiating the terms and
conditions of employment for 40 Palm Tran employees (30 Operations Supervisors,
ten Maintenance Supervisors). On May 16,
2018, Palm Tran and SEIU tentatively agreed to the terms and conditions of the
LMA. The Agreement was ratified by SEIU
on June 2, 2018. Of the 41 Articles
included in the LMA, 12 were amended during the negotiation process. In general, changes to the non-economic work
rules will allow for increased efficiency and effectiveness of operations, as
well as align current business practices to formalized PPM’s. The negotiated
wage article established fair wages by effectively addressing wage compression
between supervisors and their direct subordinate staff. The wage compression
allows supervisors to be paid one half of one percentage point above the top
wage bus operators and maintenance technicians.
In addition, the amended wage article provides: Operations and
Maintenance Supervisors 3% in Fiscal Year (FY) 18; Operations Supervisors 2% in
FY19 and Maintenance Supervisors 3% in FY19
Operations Supervisors 1.5% in FY20 and Maintenance Supervisors .5% in
FY20. This represents a total wage
increase over the term of the agreement of $224,260 or an average annual
increase of 3.5%. The LOA sets forth an
implementation schedule for the FY18 wage increase (no later than the third
full pay period following ratification by the BCC) which is retroactive to the
first full pay period following October 1, 2017.
F. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to authorize: the Impact Fee Manager to
use an amended version of the standard form school declaration and restrictive
covenant for a special transaction with Gulfstream Goodwill Industries.
Inc. SUMMARY:
Gulfstream Goodwill Industries, Inc. was awarded a grant by the Florida
Housing Finance Corporation to acquire land and develop affordable housing for
persons with developmental disabilities. The development known as The Home at
Tamarind will be located at 2100 N. Tamarind Avenue in West Palm Beach and will
be designed to house a maximum of ten residents containing six individual units
with each unit having one bedroom and one bathroom. Gulfstream Goodwill Industries is seeking a
school impact fee exemption because occupancy rules will require residents to be
at least 18 years old and no longer attending public schools. Article 13 of the
Unified Land Development Code allows for a school impact fee exemption provided
the proposed development has no impact on the school system and a declaration
and restrictive covenant is executed. The
standard form of the declaration and restrictive covenant was designed for
senior housing development (55-years and older – adult communities). Approval of the motion will authorize the
Impact Fee Manager to execute an amended version of the school declaration and
restrictive covenant customized especially for The Home at Tamarind. The Department of Housing and Economic
Sustainability Agenda Item 5C-6 is a companion item. District 7 (LB)
JULY 10, 2018
5. REGULAR AGENDA
F. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Staff recommends
motion to approve: budget
transfer of $840,000 from General Fund contingency to the Supervisor of
Election (SOE). SUMMARY: The
SOE’s Fiscal Year 2018 budget did not include funding for a special election.
The cost of the special election was $840,000 and the State will reimburse the
SOE for the election; however, it is not likely to occur in the current fiscal
year. Funds are needed to continue normal operations. Countywide (DB)
3. Staff
recommends motion to authorize:
A) Staff to submit
proposed millage rates for the FY 2019 budget to the Property Appraiser as
follows:
|
FY 2018 Adopted |
FY 2019 Rollback |
FY 2019 Proposed |
|
|
|||
|
Millage |
Taxes |
Millage |
Taxes |
Millage |
Taxes |
Over/(Under) Rollback |
|
Countywide
Non-Voted |
4.7815 |
$845,592,790 |
4.5537 |
$855,180,813 |
4.7815 |
$897,961,450 |
$42,780,637 |
5.00% |
Library |
0.5491 |
51,710,218 |
0.5247 |
52,213,620 |
0.5491 |
54,641,698 |
2,428,078 |
4.65% |
Fire-Rescue
MSTU |
3.4581 |
247,874,640 |
3.2966 |
249,966,384 |
3.4581 |
262,212,204 |
12,245,820 |
4.90% |
Jupiter
Fire-Rescue MSTU |
2.0038 |
20,679,964 |
1.9237 |
20,924,187 |
1.9026 |
20,694,681 |
(229,506) |
(1.10%) |
|
|
|
|
|
|
|
|
|
Aggregate-Excluding
Voted Debt |
6.5925 |
$1,165,857,612 |
6.3543 |
$1,193,331,892 |
6.5789 |
$1,235,510,033 |
|
3.53% |
|
|
|
|
|
|
|
|
|
Countywide
Voted-Debt |
0.1208 |
$21,379,848 |
|
0.1165 |
$21,898,908 |
|
|
|
Countywide-Library
Voted-Debt |
0.0400 |
3,766,907 |
|
|
0.0410 |
4,079,967 |
|
|
B) Staff to submit
to the Property Appraiser public hearing dates of Tuesday, September 4 at 6
p.m. and Monday, September 17 at 6 p.m. in the Commission Chambers, 6th
floor of the Governmental Center for FY 2019;
C) Administrative
adjustments to establish funding in the FY 2019 budget for capital projects
approved and established in the current fiscal year. These projects were
approved in the current fiscal year (FY 2018) after the preparation of the proposed
budget and are therefore not currently included in the FY 2019 budget.
These adjustments will have no impact on proposed ad valorem taxes and will be
incorporated into the tentative budget to be presented at the first public
hearing; and
D) Administrative
adjustments to establish funding in the FY 2019 budget for designated fund
balances for contingency and other projects and carryover for
encumbrances. These balances and encumbrances were approved in the
current fiscal year (FY 2018) after the preparation of the proposed budget and
are therefore not currently included in the FY 2019 budget. These
adjustments will have no impact on proposed ad valorem taxes and will be
incorporated into the tentative budget to be presented at the first public
hearing.
SUMMARY: The
proposed millage rates for Countywide, Library, & Fire Rescue MSTU are at
the current year millage rate, and above rollback. The millage rate for
the Jupiter Fire MSTU is below the current year millage rate, and below
rollback. Countywide (DB)
JULY
10, 2018
5. REGULAR AGENDA
G. PUBLIC SAFETY
1. Staff recommends
motion to approve: interlocal
agreement with the Health Care District (HCD) of Palm Beach County to provide
nursing staffing services to disaster relief shelters beginning July 10, 2018
and remaining in effect until May 31, 2023. Summary: The HCD will provide nursing and medical
assistant staffing services to the disaster relief shelters, which may include
first aid to residents with minor health needs, health education, monitoring
shelter environment for health issues, and other nursing care services. For any declared disaster, the HCD
agreed to submit for reimbursement directly through the Federal Emergency
Management Agency (FEMA) Public Assistance (PA) Program. Typically, FEMA’s
share of eligible costs is 75%, unless a higher percentage is approved. Funding of the 25% nonfederal share of
eligible costs is contingent upon the State of Florida future
appropriations. Typically, the State
contributes 12.5% of the nonfederal share.
The County agrees to reimburse the HCD for the remaining share of the
eligible staffing costs. In the event a
disaster has not been declared, the County will reimburse the HCD for staff
costs directly associated with HCD employees working at shelters. Overtime
costs, at straight time pay and time and one-half pay, will be reimbursed
following the HCD Compensation and Cost Policy for Essential Emergency or
Disaster Employees. The County will not
reimburse for the employees regularly scheduled salary. The agreement does not provide a disclosed
amount for reimbursement due to the uncertainty of the level of impact a
disaster can have on Palm Beach County. Countywide (LDC)
2. Staff requests
Board discussion and direction: regarding proceeding with implementing
a juvenile transitional step-down program in Palm Beach County (County). SUMMARY: At the May 15, 2018 meeting, the
Board of County Commissioners directed staff to formalize conversations with
the Department of Juvenile Justice (DJJ) regarding a partnership to create a
juvenile transitional step-down facility in Palm Beach County and report back
on those conversations. Prior to the
Board Directive, as part of the Reentry Task Force (RTF) Strategic Plan,
conversations occurred between the Chair of the Juvenile Reentry Task Force
(Judge Kathleen Kroll) and the DJJ (Secretary Christina Daly) to determine DJJ’s
interest. On May 3, 2018, the Juvenile
RTF hosted DJJ Secretary Daly and her team along with members of County
Administration to discuss County juvenile reentry initiatives. At that meeting, DJJ offered to support a
Legislative Budget Request (LBR) to fund programming for a juvenile
transitional step-down facility, with the facility and costs for renovation
provided by the County. Since the Board’s Directive, formalized conversations
have resulted in DJJ’s request for the County to submit a LBR and for DJJ to
conduct a site visit to the County to evaluate potential sites and provide
feedback for renovation estimates for a hardened facility. DJJ advised county staff to submit a
proposal for a three-year pilot project. The current proposal includes strengthening
existing post-release services for case management, transitional jobs,
mentoring, transition planning, family reunification and support services (Year
1); implementation of a transitional step-down facility while continuing to
enhance services (Year 2 and 3); and an overall evaluation of the pilot project
(Year 3). The pilot project would
ultimately create and implement a residential transitional step-down facility
that would bring committed juveniles (25 at a time) closer to home and utilize
evidence-based practices and services for the last 90-120 days of their
detainment. The estimated cost of the
programming for the facility, excluding costs for facility renovations
(incurred by the County) and care and control of the facility (presumably paid
by DJJ) is approximately $2,007,500 annually.
The County will not provide direct services at the facility; rather,
Request for Proposals would be distributed to solicit vendors. The County would select and manage the
contract of an appropriate entity to deliver program services such as
treatment, education, employment, mentoring and transition planning. If the
pilot is successful, continuation funding would be sought from a variety of
sources including County funding. Countywide (LDC)
JULY
10, 2018
5. REGULAR AGENDA
H. FIRE
RESCUE
1. Staff recommends
motion to:
A)
accept Florida Department
of Health (DOH) Emergency Medical Services (EMS) Matching Grant, ID Code M6063,
award in the amount of $137,730 for the cost of a Chronic Disease Management
Project (CDMP) for the period of May 23, 2018 through June 30, 2019;
B) approve
the addition of one grant funded on-call Chronic Disease Management Project
Coordinator position at an hourly rate of $29.42 on a temporary basis for the
duration of the one year program;
C)
approve budget amendment
within the Fire/Rescue MSTU Fund to recognize the $137,730 grant award,
establish budget for the approved grant and transfer $45,910 from contingency
reserves for Fire-Rescue’s matching requirement; and
D) authorize County
Administrator or designee to execute certifications, standard forms,
reimbursement requests, amendments or documents relating to work activities and
time frames that do not change the general scope or terms and conditions of the
grant.
SUMMARY: This
$137,730 grant will be used to fund the cost of a CDMP. The total project cost
identified in the grant application is $183,640. The required match for this
grant is $45,910 (25%), which will be funded from Fire Rescue’s contingency
reserve. This grant will provide funding for an on-call Chronic Disease
Management Project Coordinator, overtime for paramedics, a vehicle and
necessary medical equipment. The project coordinator position will be removed
from the complement upon expiration of the program, unless the grant is
renewed. The vehicle and medical
equipment will be owned by and will remain with Fire Rescue. The CDMP will
assist patients diagnosed with congestive heart failure that have been recently
released from Delray Medical Center to their home. The program will consist of
a series of home visits for seven to ten individual patients over a 30-day
period for each patient conducted by the Chronic Disease Management Project Coordinator
and paramedics. The goal of the program is to reduce the number of
non-emergency calls from the same individual and over-utilization of the 911
emergency medical care system. Countywide (SB)
JULY
10, 2018
5. REGULAR AGENDA
I. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A) adopt resolution
authorizing the conveyance of the County’s interest in a 0.06 acre vacant parcel
of County-owned unbuildable land located north of Springfield Street, and west
of Military Trail in unincorporated Palm Beach County to M&M Investment
Associates, LLC for $20,000 with reservation of mineral and petroleum rights,
but without rights of entry and exploration pursuant to Florida Statutes
Section 270.11;
B) approve
Deposit Receipt and Contract for Sale and Purchase agreement with M&M
Investment Associates, LLC for the sale of 0.06 acres of County surplus
property; and
C) approve
County Deed in favor of M&M Investment Associates, LLC.
SUMMARY: Palm
Beach County acquired a 0.06 acre parcel located north of Springfield Street
and west of Military Trail in Lake Worth by Tax Deed in March 2016. This
property is unbuildable, serves no present or future County purpose and has
remained on the surplus property list since it was acquired. The 2017
assessed value issued by the Property Appraiser is $4,000. In November
2017, PREM was contacted by an adjacent property owner expressing an interest in
the parcel. In accordance with Florida Statutes Section 125.35(2), notice
of the County’s intent to sell this parcel was sent to all adjacent property
owners of the County parcel. Three responses of interest were received.
On March 27, 2018, Staff provided each party notice and afforded them the
opportunity to submit a bid. On April 26, 2018, two bids were received
from: Juan Guillermo Escobar in the amount of $10,000 and M&M Investment
Associates, LLC for $20,000. On May 3, 2018, Mr. Escobar withdrew his bid
and his deposit was returned. Pursuant to Florida Statutes Section 125.35(2),
the Board may effect a private sale of the parcel upon a finding that the value
of a parcel is $15,000 or less, and when due to its size, shape, location, and
value it is of use to only one or more adjacent property owners. Staff
recommends a finding by the Board that due to the parcel’s size, shape,
location, and value it is of use to only one or more adjacent property owners,
and that the Board sell this parcel to the highest bidder, M&M Investment
Associates, LLC in “As-Is” condition. The County will retain mineral
rights in accordance with Florida Statutes Section 270.11, but will not retain
rights of entry and exploration. Closing is anticipated to occur within
60 days of Board approval. This conveyance must be approved by a
Supermajority Vote (5 Commissioners). (PREM) District 2 (HJF)
JULY
10, 2018
5. REGULAR AGENDA
I. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A) adopt resolution
authorizing the conveyance of two surplus County-owned parcels of land to the
City of Pahokee (City) without charge pursuant to Florida Statutes Section
270.11, and without reservation of mineral and petroleum rights;
B) approve County
Deed which reserves a utility easement across a small portion of one of the two
properties being conveyed in favor of the City; and
C) approve
Assignment and Assumption of Contract to the City for the MetroPCS
California/Florida, Inc. PCS Site Agreement relating to the City’s use of
the properties for communication facilities.
SUMMARY: On
April 30, 2013, the Glades Utility Authority (GUA) conveyed the former Pahokee
Elevated Water Tower #1 property (Parcel A-3) and the former Pahokee Elevated
Water Tower #3 and Lift Station property (Parcel A-9) to the County. The
properties are located within the municipal boundaries of the City. The
City had previously conveyed Parcel A-9 to GUA in 2011 and Parcel A-3 in
2012. The County’s Water Utilities Department (WUD) is no longer
utilizing the water towers or the properties and has declared the properties as
surplus, with the exception of a small portion of Parcel A-9 upon which WUD
maintains a lift station and improvements. An easement will be reserved
in the County Deed for the lift station improvements. Pursuant to the
City’s reverter rights as set forth in Official Record Book 25987, Page 1095,
recorded on April 30, 2013, the properties shall revert to the City when they
are no longer used by the County for utility purposes. The City has
requested that the County convey the surplus properties back to the City.
The City has executed an “As-Is” Acknowledgement accepting the properties
without warranties and/or representations and an Assignment and Assumption of
Contract. GUA’s conveyance of Parcel A-9 to the County included all of
GUA’s rights and obligations pursuant to an agreement with MetroPCS
California/Florida, Inc., dated April 29, 2005, which rights and duties will be
assigned to the City at the time of closing. On May 8, 2018, the City
adopted a Resolution approving the “As-Is” Acknowledgement and the Assignment
and Assumption of Contract. The properties will be conveyed without
charge. This conveyance must be approved by a supermajority vote (5
Commissioners). (PREM) District 6 (HJF)
JULY
10, 2018
5. REGULAR AGENDA
I. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to:
A) adopt resolution
authorizing the conveyance of the County’s interest in a 0.13 acre of surplus
property to Richard Bernard Haines (Haines), as Heir and as Successor Personal
Representative of the Richard Haines, Jr. Estate, without reservation of
mineral and petroleum rights at no charge; and
B) approve County
Deed in favor of Haines.
SUMMARY: Unbeknownst
to the County, on October 31, 2017, Haines mistakenly conveyed to the County a
0.13 acre surplus property containing a 1,240 sf single-family residence
located at 1115 Grant Street in West Palm Beach, with an assessed value of
$45,112. At the time of the conveyance of the parcel to the County, it
was associated with the assets of the decedent, Richard Haines, Jr.
Haines has requested that the County re-convey the parcel to him. As the
conveyance to the County was in error and without consideration, Staff
recommends that the County re-convey the surplus parcel to Haines without
competitive bidding under the alternative disposition procedures established by
Ordinance 2002-067. This requires a finding by the Board that Haines is
the only person capable of reasonably utilizing the parcel for its highest and
best use. This finding is based upon the County’s lack of legal arguments
to support County ownership of this property and will avoid needless
litigation. Haines has requested that such parcel be conveyed without
reservation of phosphate, mineral, metals and petroleum rights. This
conveyance must be approved by a Supermajority Vote (5 Commissioners).
(PREM) District 7 (HJF)
JULY 10, 2018
A. COMMISSION
DISTRICT APPOINTMENTS
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JULY 10, 2018
7. MATTERS BY THE PUBLIC – 2:00 P.M.
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JULY 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."
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