10/02/18
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
OCTOBER 2, 2018
PAGE ITEM
7 Dist.
2 - ADD-ON: Request for off-site Proclamation declaring October 25,
2018 as Lights on Afterschool Day in Palm Beach County (Sponsored by
Commissioner Burdick)
7 Dist.
6 - ADD-ON: Request for off-site Proclamation declaring November 14-21,
2018 as Farm-City Week in Palm Beach County (Sponsored by Mayor McKinlay)
7 Dist.
7 - ADD-ON: Request for off-site Proclamation declaring November 2018
as Diabetes Awareness Month in Palm Beach County (Sponsored by Vice Mayor
Bernard)
23 4A-1 DELETED FOR FURTHER STAFF
REVIEW: Staff recommends motion to approve on
preliminary reading and advertise for public hearing on October 16, 2018 at
9:30 a.m.: ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Palm Beach County Code,
Chapter 13, Article II, Division 1, (Ordinance No. 2017-030); amending Section
13-22 (Application for COPCN); providing a savings clause; providing
severability; providing inclusion in the Code of Laws and Ordinances; providing
captions; and providing for an effective date.
24 4D-1* REVISED MOTION AND SUMMARY: Staff
recommends motion to approve: installation of a park bench with an
engraved plaque indicating “The Tim Tom and Ann Conner Serenity
Garden”, into the serenity garden at the Senator Philip D. Lewis Center (The
Lewis Center), in honor of and recognition of a $250,000 donation to The
Homeless Coalition of Palm Beach County, Inc., from the estate of The Tim
Tom and Ann Conner Trust. SUMMARY: County PPM CW-O-044 establishes the policy
for naming County-owned facilities and locations. To honor an individual or
group within a County-owned facility, the individual or group must be nominated
by a County Commissioner. Vice Mayor Bernard has nominated The Tim Tom
and Ann Conner Trust in recognition of their generous donation to The Lewis
Center. The donation in the amount of $250,000 will be used for housing
assistance in $5,000 increments for homeless families who are clients of The
Lewis Center. The memorial bench and engraved plaque will be provided by The
Homeless Coalition of Palm Beach County, Inc., at an estimated cost of $1,200. No County funds required. (Division of
Human and Veteran Services) Countywide (HH)
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
OCTOBER 2, 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 5)
D Staff
Comments (Page 6)
E. Commissioner
Comments (Page 7)
3. CONSENT AGENDA (Pages 8-23)
4. REGULAR AGENDA (Pages 24-29)
5. BOARD OF COUNTY COMMISSIONERS SITTING AS
THE CHILD CARE FACILITIES BOARD (Page 30)
6. BOARD APPOINTMENTS (Page 31)
7. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
32)
8. ADJOURNMENT (Page 33)
* * * * * * * * * * *
OCTOBER 2, 2018
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 5
2C-1 Walk to End Alzheimer’s Month
2C-2 Mediation Week
2C-3 Breast Cancer Awareness Month
2C-4 Oktoberfest Weekends
2C-5 Domestic Violence Awareness Month
2C-6 Palm Beach County Poverty Awareness Month
2C-7 National 4-H Week
2C-8 Choose to be G.R.E.A.T. Week
2C-9 Guardianship Month
2C-10 Family Promise Week
STAFF COMMENTS
(Page 6)
COMMISSIONER COMMENTS (Page 7)
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Contract
with Habilitation Center for the Handicapped, Inc. for installation of an ADA
compliant door at the HabCenter facility in Boca Raton
3A-2 Contract
with Florida Outreach Center for the Blind, Inc. for education and increased
awareness of barriers faced by persons with low vision or blindness
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
E. COMMUNITY SERVICES
Page 9
3E-1 Receive
and file project award notification from the Florida Department of Education
related to the Farmworker Career Development Program
3E-2 Reappointments
and appointments to the HIV Comprehensive AIDS Resources Emergency Council
Page 10
3E-3 Appointments
to the Farmworker Career Development Program Advisory Board
F. AIRPORTS
Page 11
3F-1 Receive and file extensions of time the
Florida Department of Transportation’s Joint Participation Agreements
Page 12
3F-2 Change order to amendment with The Morganti
Group, Inc. for third level improvements at Palm Beach International Airport
3F-3 Receive and file five consent to sublease
documents with Galaxy Aviation of Lantana, Inc.
3F-4 Receive and file terminal space lease
agreement with F.B. Enterprise LLC d/b/a Top Flight Aviation Services
Page 13
3F-5 Payment to Sunshine Cleaning Systems, Inc.
for custodial and cleaning services at Palm Beach International Airport
following Hurricane Irma
3F-6 Amendment to lease agreement with Jet
Aviation Associates, Ltd.
OCTOBER 2, 2018
TABLE OF CONTENTS
CONSENT
AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 13
3G-1 Negotiated
settlement offer with Donald Hoffman for satisfaction of a code enforcement
lien
Page 14
3G-2 Negotiated
settlement offer with Rachel & Raymond Stenersen for satisfaction of a code
enforcement lien
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 14
3I-1 Receive and file Affordable Housing
Program: 2018 Plan Consistency Certification for the Village of Valor project
J. PLANNING, ZONING & BUILDING
Page 15
3J-1 Appointment
and reappointments to the Construction Industry Licensing Board
K. WATER UTILITIES
Page 16
3K-1 Work
authorization with Hinterland Group, Inc. for Water Distribution System
Improvements Zones 2, 3 and 4
3K-2 Work
authorization with Johnson-Davis Incorporation for Force Main Improvements on
Lyons Road from Norte Lago to Palmetto Park Road
3K-3 Change
order to Lanzo Trenchless Technologies, Inc.-South for the Glades Priority 1
Collection System Rehab & Sanitary Sewer Evaluation Survey
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 17
3L-1 Receive
and file Florida Greenways and Trails Designation Agreement with the State of
Florida Department of Environmental Protection for a portion of the Hungryland
Slough Natural Area
3L-2 Receive
and file Interlocal Agreements the Riviera Beach Police Department and the City
of West Palm Beach for manatee speed zone law enforcement services
M. PARKS & RECREATION
Page 17
3M-1 Amendment to contract with Chet’s, Inc. for professional
water ski instruction at Burt Aaronson South County Regional Park
Page 18
3M-2 Budget transfer and amendment to establish a
capital account for golf course projects for FY 2019
T. HEALTH DEPARTMENT
Page 19
3T-1 Contract
with the Department of Health for Environmental Health and Engineering programs
X. PUBLIC SAFETY
Page 20
3X-1 Receive
and file two Grant Adjustment Notices
3X-2 Contract with Drug Abuse Treatment
Association and Phamatech, Inc. for drug treatment and testing
Z. RISK MANAGEMENT
Page 21
3Z-1 Renewal
of the Administrative Services Only Agreement with Cigna Health and Life
Insurance Company
CC. SHERIFF
Page 22
3CC-1 Receive and file amendment to the Interlocal
Agreement with the Port of Palm Beach
OCTOBER 2, 2018
TABLE OF CONTENTS
REGULAR AGENDA
A. PUBLIC SAFETY
Page 23
4A-1 Ordinance
amending the Emergency Medical Services Ordinance
B. RISK MANAGEMENT
Page 23
4B-1 Discussion
on supplemental benefits for County employees
C.
FIRE RESCUE
Page 24
4C-1 Ordinance
amending the Palm Beach County Code to fund fire hydrant maintenance and rental
charges from the cities of Riviera Beach and Boca Raton
D.
COMMUNITY SERVICES
Page 24
4D-1 Installation
of an engraved park bench at the Senator Philip D. Lewis Center
E.
HOUSING AND ECONOMIC SUSTAINABILITY
Page 25
4E-1 Neighborhood
Stabilization Program 2 funding award to Village of Valor, Ltd. for the Village
of Valor project
Page 26
4E-2 Impact
Fee Affordable Housing Assistance Program funding award to Village of Valor,
Ltd. for the Village of Valor project
Page 27
4E-3 Housing
Tax Credit Location Government Contribution to Village of Valor, Ltd. for the
Village of Valor project
F.
ADMINISTRATION
Page 28
4F-1 Ordinance
repealing and replacing the Palm Beach County Code portion related to the Equal
Business Opportunity Ordinance
G.
HOUSING AND ECONOMIC SUSTAINABILITY
Page 28
4G-1 Ordinance amending the Palm Beach County
Purchasing Code
Page 29
4G-2 Ordinance amending the Local Preference in
the Palm Beach County Purchasing Code
BOARD OF COUNTY COMMISSIONERS SITTING AS THE
CHILD CARE FACILITIES BOARD
Page 30
5A-1 Reappointments
to the Child Care Advisory Council
BOARD
APPOINTMENTS (Page 31)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 32)
ADJOURNMENT (Page 33)
OCTOBER 2, 2018
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation declaring October 2018 as
Walk to End Alzheimer’s Month in Palm Beach County (Sponsored by Commissioner
Valeche)
2. Proclamation declaring October 14-20,
2018 as Mediation Week in Palm Beach County (Sponsored by Commissioner Burdick)
3. Proclamation declaring October 2018 as
Breast Cancer Awareness Month in Palm Beach County (Sponsored by Mayor
McKinlay)
4. Proclamation declaring the weekends of
October 12-14 and October 19-21, 2018 as Oktoberfest in Palm Beach County
(Sponsored by Commissioner Burdick)
5. Proclamation declaring October 2018 as
Domestic Violence Awareness Month in Palm Beach County (Sponsored by Mayor
McKinlay)
6. Proclamation
declaring October 2018 as Palm Beach County Poverty Awareness Month in Palm
Beach County (Sponsored by Vice Mayor Bernard)
7. Proclamation declaring October 7-14,
2018 as National 4-H Week in Palm Beach County (Sponsored by Commissioner
Berger)
8. Proclamation
declaring October 15-19, 2018 as Choose to be G.R.E.A.T. Week in Palm Beach
County (Sponsored by Commissioner Kerner)
9. Proclamation
declaring October 2018 as Guardianship Month in Palm Beach County (Sponsored by
Commissioner Berger)
10. Proclamation
declaring October 21-28, 2018 as Family Promise Week in Palm Beach County
(Sponsored by Commissioner Kerner)
* * * * * * * * * * * *
OCTOBER 2, 2018
2D. STAFF COMMENTS
1. ADMINISTRATION
COMMENTS
Staff recommends
motion to receive and file:
updated Board Directive Reports which include in process and completed
board directive items. SUMMARY:
At the February 6, 2018 Board of County Commissioners 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. COUNTY
ATTORNEY
OCTOBER 2, 2018
District 1 – COMMISSIONER HAL R. VALECHE
District 2 – COMMISSIONER PAULETTE BURDICK
1. Request
for off-site Proclamation declaring November 17, 2018 as Chuck Shaw Day in Palm
Beach County
2. Request
for off-site Proclamation declaring October 25, 2018 as Lights on Afterschool
Day in Palm Beach County
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER STEVEN L. ABRAMS
District 5 - COMMISSIONER MARY LOU BERGER
District 6 - COMMISSIONER MELISSA MCKINLAY,
MAYOR
Request for off-site Proclamation declaring November 14-21, 2018 as
Farm-City Week in Palm Beach County
District 7 – COMMISSIONER MACK BERNARD, VICE
MAYOR
Request for off-site Proclamation declaring November 2018 as Diabetes
Awareness Month in Palm Beach County
OCTOBER 2, 2018
A. ADMINISTRATION
1. Staff recommends
motion to approve: contract with Habilitation Center for the
Handicapped, Inc. (HabCenter) in an amount not to exceed $5,000 to be used to
purchase and install an Americans with Disabilities Act (ADA) compliant
automatic powered door at an alternate entrance of the HabCenter facility in
Boca Raton. SUMMARY: Approval of this
contract will provide alternative accessibility to persons with disabilities.
In 2017, the Board of County Commissioners approved a $5,000 contract for the
HabCenter to fund the purchase and installation of a new door system in their
main entrance. This request is for an
additional door system in an equally high traffic entrance of the HabCenter’s
building. Countywide (DO)
2. Staff recommends
motion to approve: contract with Florida Outreach Center for the
Blind, Inc. (FOCB) in an amount not to exceed $5,000 to be used to present to
the general public a fundraising event designed to educate and increase
awareness of the barriers faced by persons with low vision or blindness. SUMMARY: Approval of this contract will provide increased
awareness and educate the community about the challenges of blindness as well
as raise funds for programs that help blind and visually impaired individuals.
William Lapp, a member of the Office of Equal Opportunity Handicap
Accessibility and Awareness Grant Review Committee (Committee), has disclosed
that he serves on the Board of Directors for the non-profit Florida Outreach
Center for the Blind, Inc., on which his wife is the executive director.
Disclosure of these relationships are being provided in accordance with the
provision of Section 2-443 of the Palm Beach Code of Ethics. Mr. Lapp requested
an advisory opinion from the Palm Beach County Commission on Ethics (COE)
regarding his eligibility to serve on the Committee. On September 14, 2011, the
COE opined that Mr. Lapp is not prohibited from serving on the Committee, but
must 1) disclose the nature of his conflict before the Committee discusses the
issue; 2) abstain when the vote takes place and not personally participate in
the matter; and 3) file a state voting conflict form. A copy of the advisory
opinion is attached. Mr. Lapp has agreed to and has complied with the COE
direction. Countywide (DO)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) receive and
file Project Award Notification No. 760-4059B-9CFJ1 from the Florida
Department of Education, for the budget period July 1, 2018, through September
30, 2019, in an amount not to exceed $246,216; and
B) approve budget amendment
of $185,321 in the Farmworker Career Development Program fund to reconcile the
budget to the actual grant award.
SUMMARY: The
Project Award Notification No. 760-4059B-9CFJ1 was received from the Florida Department of Education for a grant award
of $246,216
in the National Farmworker Jobs
Program Workforce Investment Act, Title I Section 167. The Florida Department
of Education Project Application was approved on June 5, 2018 (R2018-0826). The
funds are used to provide services to the farmworker population of Palm Beach
County, as well as, the City of Clewiston in Hendry County, as the migrant
seasonal farmworker population is often in transit from one county to another
due to the seasonal crops. The funds are utilized to pay education/vocational
fees for participants enrolled in the program. 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. No County
funds are required. (Farmworker
Career Development Program) Countywide (HH)
2. Staff recommends
motion to approve: two reappointments
and two appointments to the
Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council for
a term of three years, effective October 2, 2018:
Seat No. Reappointment Term Expires
14 Quinton
Dames 10/01/21
17 Christopher Dowden 10/01/21
Seat No. Appointment Term Expires
10 Ashnika
Ali 10/01/21
SUMMARY: The HIV CARE Council nominations process is
an open process with publicized criteria and legislatively defined conflict of
interest standards. All members have successfully completed the HIV CARE
Council’s nomination process and the HIV CARE Council recommends their
appointments. Mr. Dames has disclosed that he is employed by FoundCare, Inc.
and Ms. Ali has disclosed that she is employed by Treasure Coast Health
Council, Inc. d/b/a Health Council of Southeast Florida, which both agencies
contract 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 for the HIV CARE Council shall be no more than 33
at-large members, per Resolution No. R2011-1560. The diversity count for the 16
seats that are currently filled is, African-American: 7 (44%), Caucasian: 6
(38%), and Hispanic-American: 3 (18%). The gender ratio (female:male) is 8:8.
Mr. Dames is an African-American male. Mr. Dowden is a Caucasian male. Ms. Ali
is an Asian-American female. 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)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: six appointments
to the Farmworker Career Development Program Advisory Board, effective October
2, 2018:
Seat No. |
Appointment |
Seat Requirement |
Term Ending |
Nominated
By |
1 |
Sintaiav Gabriel |
Student Representative |
09/30/20 |
Mayor McKinlay Comm. Burdick Comm. Abrams Comm. Berger Comm. Kerner |
3 |
Irene Figueroa |
Farmworker Representative |
09/30/20 |
Comm. Burdick Comm. Abrams Comm. Berger Comm. Kerner |
4 |
Cosha Jackson |
Education |
09/30/20 |
Comm. Burdick Comm. Abrams Comm. Berger Comm. Kerner |
5 |
Brenda Bunting |
Public Sector |
09/30/20 |
Mayor McKinlay Comm. Burdick Comm. Abrams Comm. Berger Comm. Kerner |
7 |
Charles Duval |
Regional Workforce Board |
09/30/20 |
Mayor McKinlay Comm. Burdick Comm. Abrams Comm. Berger Comm. Kerner |
8 |
Stephen Bedner |
Private Sector/Employer |
09/30/20 |
Mayor McKinlay Comm. Burdick Comm. Abrams Comm. Berger Comm. Kerner |
SUMMARY: The total membership for the Farmworker
Career Development Program (FCDP) Farmworker Program Advisory Board shall be no
more than nine at-large members, per Resolution No. R2014-0402, comprised of
students, representatives of business, education, agencies, and farmworker
representatives. Members shall be concerned citizens who understand the
problems encountered by farmworkers and are willing to be advocates for them.
At least one member shall represent the regional workforce agency. The
appointments meet all applicable guidelines and requirements outlined in the
Resolution adopted by the Board of County Commissioners on April 1, 2014. Mr.
Bedner has disclosed that he is the owner of Bedner Growers, Inc., which
contracts with the County for services. The Farmworker Program Advisory Board
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 County Code of Ethics. The FCDP Program Coordinator
and staff have recommended these appointments. The current seats expire on
September 30, 2018 for all existing members.
The new appointments will fill the recently vacant seats. The diversity
count with the approval of this item for the six seats will be
African-American: 3 (50%), Caucasian: 2 (33%), and Hispanic-American: 1 (17%).
The gender ratio (female:male) is 4:2. Ms. Gabriel and Ms. Jackson are
African-American females. Mr. Duval is an African-American male. Ms. Bunting is
a Caucasian female. Mr.Bedner is a Caucasian male. Ms. Figueroa is a
Hispanic-American female. The FCDP Program Coordinator and staff conduct
targeted outreach in an effort to proffer candidates for appointments that will
maintain a diverse composition of the Board. (Farmworker Career Development
Program) Countywide (HH)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: extension of time to the following Joint
Participation Agreements (JPAs) with the Florida Department of Transportation
(FDOT):
A) Security
Improvements at Palm Beach County Park Airport, Financial Project Number
425723-1-94-01 approved by the Board on December 17, 2013 (R2013-1788 and R2013-1789),
is hereby extended until March 31, 2019;
B) Master Plan Update
at Palm Beach International Airport, Financial Project Number 425756-1-94-01
approved by the Board on March 11, 2014 (R2014-0257 and R2014-0258), is hereby
extended until December 31, 2018;
C) Southside Hangar
Development and Infrastructure at Palm Beach County Park Airport, Financial
Project Number 427915-1-94-01 approved by the Board on June 29, 2010 (R2010-1001
and R2010-1002) and amended March 15, 2011 (R2011-0369) and October 18, 2011
(R2011-1570 and R2011-1571), is hereby extended until March 31, 2019;
D) Fuel Farm
Improvements at Palm Beach County Glades Airport, Financial Project Number
427892-1-94-01 approved by the Board on February 3, 2015 (R2015-0149 and R2015-0150),
is hereby extended until September 30, 2019; and
E) Construct Hangars
at Palm Beach County Park Airport, Financial Project Number 434600-1-94-01
approved by the Board on December 2, 2014 (R2014-1813 and R2014-1814), is
hereby extended until March 31, 2019.
SUMMARY: Delegation of authority
for execution of the above extensions of time to the JPAs with the FDOT was
approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide
(AH)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends motion to approve:
A) Change Order No. 2
to Amendment No. 13 (Task M-28) to the Construction Manager (CM) at Risk
Contract with The Morganti Group, Inc. for the Third Level Improvements at Palm
Beach International Airport (PBIA) in the amount of $271,290.21; and
B) budget transfer of
$271,291 in the Airport’s Local fund to transfer local funds to the Airport’s
Improvement and Development Fund, including a transfer from local reserves in
the amount of $271,291.
SUMMARY: The contract with The Morganti Group, Inc. for CM
at Risk Services for Terminal Improvements at PBIA was approved by the Board on
June 4, 2013 (R2013-0663). The contract
is for two years with three one-year renewal options and is a task order based
contract for CM at Risk Services at PBIA.
The Morganti Group, Inc. is a Danbury, Connecticut, based firm; however,
the work will be directly managed by their southeast regional office in Palm
Beach County. Amendment No. 13 (Task
M-28) for the Guaranteed Maximum Price (GMP) in the amount of $7,637,600 and
420 calendar days was approved by the Board on April 10, 2018 (R2018-0378).
Change Order No. 1 in the amount of $116,259.65 was approved by the
Board on June 5, 2018 (R2018-0843).
Change Order No. 2 provides for the replacement of additional flooring
on the third level at PBIA in front of vacant airline check-in counters in an
effort to minimize impacts on airlines and passengers during the next phase of
the construction project. Change Order
No. 2 also provides for the repair and replacement of damaged HVAC duct and
insulation discovered as a result of the construction project. The Disadvantaged Business Enterprise (DBE)
goal for this contract is 13%. The total
to date participation for this contract is 15%. Countywide (AH)
3. Staff recommends
motion to receive and file: five
Consent to Sublease (Consent) documents for Galaxy Aviation of Lantana, Inc.
d/b/a Stellar Aviation of South Palm Beach (Galaxy Aviation), for Palm Beach
County Park Airport (Lantana Airport).
1. Consent for Galaxy
Aviation and Palm Beach Flight Training Corp., effective 4/1/2018;
2. Consent for Galaxy Aviation and Application Dynamics, LLC, effective 4/1/2018;
3. Consent for Galaxy Aviation and A.S. Flight Academy, LLC, effective 3/1/2018;
4. Consent for Galaxy Aviation and Skywalker Aviation, Inc., effective 2/27/2018;
and
5. Consent for Galaxy
Aviation and Total Avionix, Inc., effective 4/1/2018.
SUMMARY: Galaxy Aviation provides fixed
base operator services at Lantana Airport pursuant to a Lease Agreement (R2016-0759)
with the County. The Lease Agreement provides for the sublease of space subject
to the County’s consent. Delegation of authority for execution of the standard County agreements
above was approved by the BCC in R94-1453. Countywide (AH)
4. Staff recommends
motion to receive and file: Terminal Space Lease Agreement (Agreement)
with F.B. Enterprise LLC d/b/a Top Flight Aviation Services (Top Flight),
commencing on August 1, 2018, terminating on September 30, 2018, and
automatically renewing on a year-to-year basis (October 1st through September
30th) thereafter, for the lease of approximately 200 square feet of space at
the Palm Beach International Airport. SUMMARY:
The Agreement provides for the lease of terminal space to aviation-related
businesses. Top Flight is an airline
support provider. As Top Flight has not
provided cancellation notice, the Agreement will automatically renew for a year
on October 1, 2018. Delegation of
authority for execution of the standard form Terminal Space Lease Agreement was
approved by the Board pursuant to R2018-0995. Countywide (AH)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to approve: payment
to Sunshine Cleaning Systems, Inc. (Sunshine) in the amount of $15,625.92.
SUMMARY:
Sunshine was under contract
to perform custodial and cleaning services at Palm Beach International Airport
(PBIA) with a contract term expiring September 30, 2017 (Contract #11052,
approved 9/13/11). During the Hurricane
Irma storm event (September 2017), Sunshine was authorized by Airport staff to
perform specified cleanup and dehumidification services at PBIA. Services were
performed satisfactorily by Sunshine but exceeded authorized limits causing a
dispute and delaying payment for services. Sunshine now agrees to accept the
County’s authorization limits and has invoiced the County accordingly. Due to
the contract expiration, it is necessary for the Board to authorize payment.
Countywide (AH)
6. Staff recommends
motion to approve: first amendment
(Amendment) to Fixed Base
Operator (FBO) Lease Agreement (Lease) (R2017-0281) with Jet Aviation
Associates, Ltd. (Jet), a Florida Limited Partnership, for the lease of approximately
6,995 additional square feet of unimproved ground at the Palm Beach
International Airport (PBIA) and an initial annual ground rental of $4,896.50
and clarifying responsibilities for off-site improvements. SUMMARY: The Amendment provides for the lease of an additional
6,995 square feet of unimproved land near the northwest corner of PBIA. Jet is in the process of completing construction plans for the
development of aviation facilities as required by the Lease and has requested to lease the additional property for
the construction of a foam pond, which would be used for containment in the
event of a foam release from its fire protection systems.
In order to obtain access to the newly-constructed aviation facilities,
Jet will need to develop certain infrastructure improvements that will be
located off-site, including driveway connections to airport roadways, utility
and drainage improvements and a connection to Taxiway W for access to airfield
facilities by aircraft. The Amendment
also clarifies Jet’s right to access the areas for the construction of the
off-site improvements and the on-going maintenance responsibilities of each of
the parties for the off-site improvements. Countywide (HF)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: negotiated settlement offer in the amount of $31,865 for the full
satisfaction of a code enforcement lien that was entered against Donald Hoffman
on September 16, 2015. SUMMARY: The Code Enforcement Special Magistrate
(CESM) entered an Order on June 3, 2015 for property owned by Donald Hoffman
(Mr. Hoffman) giving him until August 2, 2015 to bring his property located at
6896 S Congress Avenue in Lake Worth into full code compliance. The property
had been cited for operating an unlicensed business, vehicle storage and
expired building permits. Only the building permit issues remained unresolved
at the time of the CESM hearing. 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. Hoffman on
September 16, 2015. The Code Enforcement Division issued an affidavit of
compliance for the property on April 26, 2018 stating that as of April 26, 2018
the cited code violations had been fully corrected. The total accrued lien
amount on June 4, 2018, the date on which settlement discussions began, totaled
$63,729.39, of which Mr. Hoffman has agreed to pay Palm Beach County $31,865
(50%) for full settlement of his outstanding code enforcement lien. District
3 (SF)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Staff recommends
motion to approve: negotiated settlement offer in the amount of $6,000 for the full
satisfaction of a code enforcement lien that was entered against Rachel &
Raymond Stenersen on November 1, 2017. SUMMARY: The Code Enforcement
Special Magistrate (CESM) entered an Order on March 3, 2017 for property owned
by Rachel & Raymond Stenersen giving them until August 28, 2017 to bring
their property located at 4289 Coconut Road in Lake Worth into full code compliance.
The property had been cited for installing a garage, shed & shipping
container 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 Rachel &
Raymond Stenersen on November 1, 2017. The Code Enforcement Division issued an
affidavit of compliance for the property on April 24, 2018 stating that as of
April 19, 2018 the cited code violations had been fully corrected. The total
accrued lien amount on May 31, 2018, the date on which settlement discussions
began, totaled $11,995.86, of which Rachel & Raymond Stenersen have agreed
to pay Palm Beach County $6,000 (50%) for full settlement of their outstanding
code enforcement lien. District 3 (SF)
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to ratify:
Affordable Housing Program: 2018 Plan Consistency Certification for the Village of Valor (VOV) project. SUMMARY:
This Certification of Consistency
is being brought forward for ratification, acknowledging that the Director of
the Department of Housing and Economic Sustainability executed the Affordable Housing Program: 2018 Plan
Consistency Certification form acting in his capacity as plan manager of
the Consolidated Plan. Typically, the
Mayor signs the certification form; however, the VOV contacted the County the
day before the form was due, requesting confirmation. Confirmation was needed for their Affordable
Housing Program Grant Application from the Federal Home Loan Bank of Pittsburgh
in the amount of $500,000. The
Affordable Housing Program: 2018 Plan Consistency Certification supports the VOV’s application
to the Federal Home Loan Bank of Pittsburgh for funding to construct a 148-unit
affordable housing development to be located on 12 acres of vacant land
located at 2431 - 2559 2nd Avenue North in Lake Worth (east portion)
and Palm Springs (west portion). The VOV project will
provide 130 apartments and 18 townhomes for affordable rental by very low, low,
and moderate-income persons with a priority given to veterans and their
families, including disabled, homeless, and at-risk of homelessness. The VOV project is an initiative of Faith-Hope-Love-Charity,
Inc., a non-profit agency whose mission is to reintegrate displaced and at-risk
veterans and their families back into communities to sustain independent
living. Palm
Beach County’s Consolidated Plan for Fiscal Years 2015-2020 states that
affordable rental housing is a high priority countywide. The Plan further
states that the supply of affordable rental housing available to very-low, low,
moderate, and middle income residents, as well as veterans, elderly, disabled,
and homeless persons should be increased through new construction. There are
three VOV regular agenda companion items being presented today for BCC approval
including a conceptual approval for up to $2M for the VOV project (Agenda Item
4E-1), $272,306 from the Impact Fee Affordable Housing Assistance Program
(Agenda Item 4E-2) and $115,000 from the Housing Tax Credit Local Government
Contribution Program (Agenda Item 4E-3).
District 3 (JB)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve:
A) appointment of one new member; and
B) three reappointments to the
Construction Industry Licensing Board (CILB).
A) Appoint |
Seat # |
Requirement |
Term |
Nominated by |
Frank Keiser |
6 |
Residential Contractor |
10/2/18-9/30/21 |
Mayor McKinlay Commissioner Abrams Commissioner Kerner Commissioner Valeche |
B) Reappoint Terry Horan |
9 |
Engineer |
10/2/18-9/30/21 |
Mayor McKinlay Commissioner Abrams Commissioner Kerner Commissioner Valeche Fl. Engineering Society |
Raymond Murdock |
2 |
Electrical Contractor |
10/2/18-9/30/21 |
Mayor McKinlay Commissioner Abrams Commissioner Kerner Commissioner Valeche |
Mark Worrell |
1 |
HARV |
10/2/18-9/30/21 |
Mayor McKinlay Commissioner Abrams Commissioner Burdick Commissioner Kerner Commissioner Valeche |
SUMMARY: The CILB was established by Special Act, Laws
of Florida, Chapter 67‑1876, as amended. The Special Act and,
subsequently, Section 489.131, Florida Statutes (F.S.) sets forth the
membership of the Board, which consists of fifteen members. The nomination for
appointment of a new member is Mr. Frank Keiser, who was nominated to replace
Mr. Steve Svopa, the Residential Contractor. The reappointments are Mr. Terry
Horan, Engineer member, who was nominated by the Florida Engineering Society
(FES), Mr. Raymond Murdock, Electrical Contractor and Mr. Mark Worrell, HARV
(Heating, Air Conditioning, Refrigeration and Ventilation) are members that
currently sit on the Board and have both expressed a willingness to serve
second terms; all seats cited in the Special Act, and F.S. establishing the
CILB. Memorandums for appointments and reappointments were sent to the Board of
County Commissioners on July 27, 2018. No other nominations were received. The
CILB has fifteen seats currently filled and a diversity count of Caucasian: 9
(58%), Hispanic-American: 4 (28%), African-American: 1 (7%), and
Native-American: 1 (7%). The gender ratio (female:male) is 2:13. Mr. Keiser,
Mr. Horan and Mr. Murdock are Caucasian males. Mr. Worrell is a Native-American
male. Staff is addressing the need to increase diversity within our boards and
will continue to encourage this in an effort to expand the Board’s diversity. Countywide
(SF)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Work
Authorization (WA) No. 11 to Hinterland Group, Inc., for the CD01 Water
Distribution System Improvements Zones 2, 3 and 4 (Project) in the amount of $1,264,998.80.
SUMMARY: On
January 10, 2017, the Board of County Commissioners approved the Water
Utilities Department (WUD) Pipeline Continuing Construction Contract (Contract)
with Hinterland Group, Inc., (R2017-0072). WA No. 11 provides for the construction of
approximately 5,500 linear feet of water mains throughout the eastern portion
of the WUD service area. The work undertaken as part of the Project will improve
system capacity, improve hydraulic efficiencies, eliminate dead ends and
decrease water retention time in the distribution system resulting in improved
water quality. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance is 15% overall. The Contract with Hinterland
Group, Inc. provides for SBE participation of 15%. WA No. 11 includes 100% overall SBE participation. The cumulative SBE participation to date
including WA No. 11 is 100%. Hinterland
Group, Inc., is a Palm Beach County company. This project is included in the WUD
FY19 Budget. (WUD Project No. 15-013) Districts 4, 5 & 6 (MJ)
2. Staff recommends
motion to approve: Work Authorization (WA) No. 23 for the Force Main
Improvements on Lyons Road from Norte Lago to Palmetto Park Road (Project) with
Johnson-Davis Incorporated in the amount of $653,114.45. SUMMARY:
On July 12, 2016, the Board
of County Commissioners approved the Pipeline
Continuing Construction Contract (Contract) with Johnson-Davis Incorporated (R2016-0902). WA No. 23 provides for the replacement of
approximately 3,300 linear feet of an existing 12-inch asbestos cement (AC)
force main with 12-inch polyvinyl chloride (PVC) force main from Norte Lago to
Palmetto Park Road. The existing AC force main will be grouted in
place. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. The Contract with Johnson-Davis
Incorporated provides for SBE participation of 3.28% overall. WA No. 23 includes 11.51% overall SBE participation.
The cumulative SBE participation, including WA No. 23 is 12.38%. Johnson-Davis Incorporated is a Palm Beach County company. The Project is included in the Water Utilities
Department (WUD) FY19 Budget. (WUD
Project No. 17-047) District 5 (MJ)
3. Staff recommends
motion to approve: Change
Order 2 to Lanzo Trenchless
Technologies, Inc.-South (Lanzo) for the Glades Priority 1 Collection System
Rehab & Sanitary Sewer Evaluation Survey (SSES) Project in the amount of
$260,145 and providing for a 60 day project time increase. SUMMARY: On September 26, 2017, the Board of County Commissioners
approved the Water Utilities Department (WUD) Contract for Glades Priority 1 Collection
System Rehab & SSES Project Belle Glade with Lanzo Trenchless Technologies,
Inc.-South, (R2017-1365). The project, as originally approved, entailed the
rehabilitation of over 22,000 linear feet of gravity sewer main and approximately 300 manholes in 14
lift station basins located in the cities of Belle Glade, Pahokee and South
Bay. However, during the course of
construction it was discovered that additional gravity sewer segments not originally
included in the scope of work are in poor condition and require rehabilitation.
Lanzo has submitted a proposal for the rehabilitation and improvement of the
additional gravity sewer segments in the amount of $260,145. The completion of
this project will result in a reduction of infiltration into the gravity sewer
collection system and an improvement of the wastewater service. The Contract provides for SBE participation
of 3.28%. Change Order No. 2 provides
for 0% SBE participation. The cumulative
SBE participation including Change Order No. 2 is 2.93%. Lanzo Trenchless Technologies, Inc.-South is
a Palm Beach County company. This project
is included in the WUD’s FY 19 Budget.
(WUD Project No. 15-024) District 6 (MJ)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: Florida Greenways and Trails Designation
Agreement (Agreement) with the State of Florida Department of Environmental
Protection (FDEP) for a portion of the Hungryland Slough Natural Area (Natural
Area) for a 20-year term. SUMMARY: On April 10, 2018, staff submitted an
Application for Designation of the Natural Area (R2018-0559) (Application) to
become part of the Florida Greenways and Trails System. The Application
requested that a 2,987-acre portion of the Natural Area be designated as part
of the Florida Greenways and Trails System. A 160-foot-wide strip of land along
the western boundary of the Natural Area is reserved for a proposed road right
of way and is not part of the Application. The natural, recreational and
historic resources found within the designation area are maintained pursuant to
the Management Plan (Agenda Item 3.L.1,
5/21/02), which requires certification every five years from the date of
execution. Neither the Application or Agreement are expected to have any fiscal
impact. 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. District 1 (AH)
2. Staff recommends
motion to receive and file:
A) Interlocal Agreement with the Riviera Beach
Police Department for manatee speed zone law enforcement services from November
15, 2018 to March 31, 2023; and
B) Interlocal Agreement with the City of West Palm
Beach for manatee speed zone law enforcement services from November 15, 2018 to
March 31, 2023.
SUMMARY: On August 21, 2007, the Board of County
Commissioners (BCC) adopted the Manatee Protection Plan (MPP) (agenda item
6B-1) providing for increased law enforcement presence in the County’s
waterways and public education. The Department of Environmental Resources
Management implements the MPP and manages associated law enforcement
agreements. On August 19, 2014,
the BCC approved a standard form Interlocal Agreement (R2014-1193) (Agreement)
with law enforcement agencies for manatee protection and public education.
Delegated authority to the County Administrator or designee to sign all future
time extensions, task assignments, certifications, and other forms associated
with this Agreement was approved at that time. 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. Districts 1 & 4 1 & 7
(AH)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: fourth amendment to Contract No. 800014/LS with Chet’s, Inc., located in Boynton Beach, Florida, providing professional water ski instruction at Burt Aaronson
South County Regional Park renewing the contract for one year to begin October
1, 2018, and to expire September 30, 2019. SUMMARY: On September 30, 2014, Palm Beach County
entered into a contract for consulting/professional services (R2014-1780) with
Chet’s, Inc., to provide a complete water skiing school program at Burt
Aaronson South County Regional Park. The
contract provided an initial one year term, which expired on September
30, 2015, with four one year renewal options. This fourth amendment renews the
Agreement for the fourth and final option period of October 1, 2018, through September 30,
2019. The total annual revenue for this
fourth amendment is $12,420. District 5 (AH)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve:
A) budget transfer of
$4,646,195 in the Golf Course Operations Special Revenue Fund; and
B) budget amendment
of $4,646,195 in the Golf Course Capital Fund to recognize budget transfer from
the Golf Couse Operations Special Revenue Fund and allocate funding to the
existing Osprey Point Golf Course Clubhouse Expansion Project and to establish
the Golf Course Capital Improvements and Renovations FY 2019 Project budget.
SUMMARY: The Golf Course Operations Special Revenue
Fund was developed to retain revenues generated at the County’s golf facilities
so that they would pay for their operating expenses from revenues earned rather
than ad valorem taxes. The purpose of
this budget transfer and budget amendment is to establish a specific capital
account for golf course projects for FY 2019.
Funding for this budget transfer is from the Golf Course Operations
Special Revenue Fund. The Special
Revenue fund is comprised of budgets from five County golf facilities including
Okeeheelee Golf Course, Osprey Point Golf Course, Park Ridge Golf Course,
Southwinds Golf Course, and John Prince Golf Learning Center. These funds are from revenue earned and not
ad valorem taxes and have been earmarked for specific projects. There is no
fiscal impact associated with this budget transfer and amendment. Countywide
(AH)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
T. HEALTH DEPARTMENT
1. Staff recommends
motion to approve:
A) contract with
the Department of Health (DOH) in the amount of $2,114,162 for Environmental
Health and Engineering programs provided by the Palm Beach County Health
Department (CHD) for the period October 1, 2018, through September 30, 2019; and
B) addendum to the contract to
clarify:
1) Paragraph 6.a. - as State employees/personnel, CHD
employees are not "officers, agents, or employees of the County";
2) Paragraph 7.c. - The County shall assure that insurance
coverage for vehicles is available through either a self-insurance program or
insurance purchased by the County except for insurance referenced in paragraph
7.e.;
3) Paragraph 7.d. - The County shall be named as
additional insured on any agreement in which the CHD contracts or subcontracts
any work to be performed on the premises to a third party; and
4) Paragraph 7.e. - As a State agency, the CHD agrees to
be responsible for its own, its officers', employees', or agents' negligent
acts, or omissions, or tortuous acts, which result in claims or suits against
the parties, and agrees to be liable for any damages proximately caused by said
acts or omissions.
SUMMARY: This contract sets forth the funding responsibilities of
the DOH and the County for the operation of the Palm Beach County Health
Department. The State and County share in the funding of the $8,016,697
Environmental Health Budget. The State's share is $2,332,507 (29.10%),
primarily from State general revenue and fees. Funding from the County's FY
2019 budget is $2,114,162 (26.37%) that includes Childcare Enforcement &
Control Funding of $126,888 and is equal to FY 2018 funding. The remaining
local share (44.53%) is comprised of County Authorized Fees of $2,043,806
(25.49%), Federal Funds of $320,831 (4.00%), Department of Environmental
Protection (DEP) Funds of $104,034 (1.30%), and the Air Pollution Tag Fees of
$1,101,357 (13.74%); County funding is used primarily for salaries and benefits.
The environmental staffing is responsible for surveillance of public drinking
water systems, permitting and inspection of septic tanks, regulation of air
pollution sources, inspection and licensing of child care and other group care
facilities, and other duties related to environmental health. The Childcare
Enforcement & Control Funding provides for a full time attorney/Hearing
Officer and a half-time paralegal position to provide counsel for the Child
Care Advisory Council and to serve as Acting Environmental Control Officer for
the Environmental Control Hearing Board. County funds are included in the FY
2019 budget. No additional funds are requested. County staff requested certain
changes to the State's standard contract in order to clarify the insurance and
liability provisions. The State preferred including these in an addendum
instead of revising the standard contract. Countywide (HH)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: two Grant
Adjustment Notices (GAN) #013: Training; and #014: Strategic Plan; 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 August 10, 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 #013 approved
payment for the Sexual Assault Nurse Examiner Program Coordinator and sexual
assault survivor to attend the International Association of Forensic Nurses
Annual Conference. GAN #014 approved the Start By Believing Strategic Plan.
R2014-1633 authorized the County Administrator or designee to execute future
awards, contract, sub-recipient agreements and sub contracts and
amendments/modifications utilizing funding from the DOJ, OVW on behalf of the
Board of County Commissioners. Countywide (LDC)
2. Staff recommends
motion to:
A) approve contract for professional services with Drug
Abuse Treatment Association, Inc. for a total not-to-exceed amount of $156,780
to provide drug abuse and psychiatric treatment for the Delinquency Drug Court
for the period retroactive to October 1, 2018 through September 30, 2021;
B) approve contract for consulting/professional
services with Phamatech Inc. for a total not-to-exceed amount of $666,525 to
provide drug testing for individuals referred by the Adult, Delinquency and
Family Drug Courts for the period retroactive to October 1, 2018 through
September 30, 2021; and
C) authorize the County Administrator or designee to execute
minor amendments and administrative documents associated with the above
contracts, on behalf of the Board of County Commissioners, after approval of
legal sufficiency by the County Attorney’s Office and within budgeted
allocations.
SUMMARY: In July
2018, the Justice Services Division solicited proposals to provide drug
treatment and testing services to individuals referred by the Adult, Delinquency
and Family Drug Courts. These contracts will provide drug treatment to the
participants in the Delinquency Drug Court and drug testing services to all
individuals referred by the Adult, Delinquency, and Family Drug Courts. These
contracts will be funded by the Drug Abuse Trust Fund, the Crime Prevention
Trust Fund, user fees, and ad valorem funds. Countywide (LDC)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A) first annual option to renew the
Administrative Services Only (ASO) Agreement (R2017-1607) dated October 17,
2017 with Cigna Health and Life Insurance Company (CHLIC) for claims
administration for the County’s self-funded Health Maintenance Organization (HMO)
and Point of Service (POS) health insurance plans for the period January
1, 2019 through December 31, 2019;
B) CHLIC’s proposed administrative fees, access fees, utilization fees,
disease management fees, estimated at $1,780,628 and specific stop loss
premiums estimated at $484,243 for the County’s self-funded HMO and POS health
insurance plans for the period of January 1, 2019 through December 31, 2019;
C) the actuarial rates per coverage tier for the County’s self-funded HMO
and POS health insurance plans for plan year 2019; and
D) employee wellness participation cash incentives in the amount of $25 for
completion of the online Health Risk Assessment (HRA) and $25 for participation
in a biometric screening that meets the requirements of the County’s wellness
program.
SUMMARY: Staff recommends Board approval
of the first annual option to renew the ASO Agreement with CHLIC for the period
January 1, 2019 through December 31, 2019 on behalf of the employees of the
Board of County Commissioners (Board), Supervisor of Elections, and Palm Tran,
Inc. (collectively participating in the plan through the provisions of Interlocal
Agreement (R2002-2287). The total projected claims and administrative expenses
for plan year 2019 is $74,706,994 which represents an increase of $5,075,499
over the actuary’s projected cost of the expiring plan year. This includes
expected claims of $73,165,729, fixed administrative, access, utilization, and
disease management fees of $1,780,628, stop loss insurance costs of $484,243
paid to CHLIC, and an estimated $20,000 in taxes/fees mandated by the
Affordable Care Act (ACA). Based on the contract negotiated following a
competitive Request for Proposal that includes level ASO and administrative
fees beginning January 1, 2018 and for five years, the fixed ASO/Access fees of
$1,780,628 represent a flat renewal over the expiring contract, and a flat renewal of specific stop loss
premiums, which will remain at the specific excess insurance cap (stop loss
insurance) of $600,000 per claim for plan year 2019. Specific stop loss
coverage protects the County against catastrophic claim losses and the premium
is estimated at $484,243 for 2019. The County will continue to receive an annual
wellness allowance of $100,000 and two additional contracted on-site
representatives (one service representative and one wellness representative).
Staff is not recommending changes to County or employee funding. The actuary
has certified that the 2019 plan year beginning surplus can sufficiently absorb
the projected increase in claims expenses and will maintain the required margin
for the Office of Insurance Regulation safe harbor surplus threshold. Staff
will closely monitor health fund financial performance and may find it
necessary to recommend plan and/or premium changes in a future plan year, if
claims continue to trend higher. Sufficient funds have been budgeted to fund
the program. Countywide (HH)
OCTOBER 2, 2018
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to receive and file: second amendment to the Interlocal Agreement,
dated August 28, 2018, with the Port of Palm Beach on behalf of the Palm Beach
County Sheriff’s Office to extend the current project period from August 31,
2018 to September 30, 2018. SUMMARY: The Board of County Commissioners (BCC)
accepted this grant award for $22,500 on May 2, 2017 (R2017-0593). The BCC
accepted a first amendment to the grant award, which provided an additional
$150,000 April 10, 2018 (R2018-0591). This second amendment to the Interlocal
Agreement will extend the current grant award from August 31, 2018 to September
30, 2018. Countywide (LDC)
* * * * * * * * * * * *
OCTOBER 2, 2018
A. PUBLIC SAFETY
1. DELETED: Staff recommends motion to approve on
preliminary reading and advertise for public hearing on October 16, 2018 at
9:30 a.m.: ordinance of the Board of County Commissioners
of Palm Beach County, Florida, amending Palm Beach County Code, Chapter 13,
Article II, Division 1, (Ordinance No. 2017-030); amending Section 13-22
(Application for COPCN); providing a savings clause; providing severability;
providing inclusion in the Code of Laws and Ordinances; providing captions; and
providing for an effective date. Summary: The Emergency Medical Services (EMS)
Ordinance establishes standards for issuing Certificates of Public Convenience
and Necessity (COPCN’s) for advanced life support services (ALS) which applies
to the unincorporated and incorporated areas of Palm Beach County. All entities applying for a COPCN are
required to have experience providing ALS services and have staff who have
experience providing ALS services. This amendment permits entities applying for
a Special Secondary Service Provider COPCN who have experienced staff but that
lack experience providing ALS services as an entity, to obtain a Special
Secondary Service Provider COPCN with conditions requiring: 1) successful
provision of service for six-months; and 2) implementation of a formal quality
assurance program meeting at least three times during the six-month
period. All other requirements of the
ordinance apply to Special Secondary Service Provider-COPCN applicants. The six-month condition is documented by
letter of the primary provider and the primary provider is invited to the
quality assurance meetings. Special
Secondary Service Provider COPCN Holders are companies that contract with a
homeowner’s association to provide services within a community. They are also required to contract with the
primary provider of ALS services, and adhere to the primary provider’s ALS
protocols and they must be licensed by the State. The Special Secondary Service Provider COPCN
Holder will report to the County Administrator or designee (Public Safety
Director) at the end of six-months with the letter from the primary provider
and evidence of the formal quality assurance program. The County Administrator or designee will
determine if the conditions have been met and if so, the COPCN shall remain in
effect until the contract with the community expires or is terminated. If the
conditions have not been satisfied, then the Special Secondary Service Provider
COPCN Holder shall be in violation of the EMS Ordinance and the COPCN shall be
subject to immediate suspension by the County Administrator or designee and
revocation by the Board of County Commissioners. The County Administrator or designee may
permit an additional 30 days to satisfy conditions if the Applicant has
demonstrated good faith efforts towards satisfaction of the conditions. The EMS Council has reviewed and recommends
the Board of County Commissioners approval of the Ordinance revisions at the
July 19, 2018 EMS Council meeting. This proposed amendment to the Emergency
Medical Services Ordinance was presented to the League of Cities on August 22,
2018, and was unanimously approved. Countywide (LDC)
B. RISK
MANAGEMENT
1. Staff requests
Board direction: regarding new voluntary supplemental benefits for
County employees. SUMMARY: At the regular meeting of the Board of County Commissioners on September
18, 2018, staff was directed to bring back the topic of supplemental benefits
for County employees for Board discussion. Currently, dental, supplemental life
insurance, short term disability and upgraded long term disability are offered
on a voluntary (employee pay-all) basis to County employees as a part of their
benefits package, but a full suite of supplemental benefits is not offered. Countywide
(HH)
OCTOBER 2, 2018
4. REGULAR AGENDA
C. FIRE RESCUE
1. Staff recommends
motion to approve on preliminary
reading and advertise for public hearing on October 16, 2018 at 9:30 a.m.: ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Palm Beach County Code,
Chapter 26, Article III, Division
2, relating to Municipal Service Benefit Units (MSBU) to fund fire hydrant maintenance and rental charges from the City
of Riviera Beach and the City of Boca Raton; repealing and replacing Exhibit B
to amend, update and restate the boundaries of the MSBU-Riviera Beach; updating
certain provisions relating to the adoption of the non-ad valorem assessment
roll and rate resolution; providing for repeal of laws in conflict; providing for severability; providing for savings clause; providing for inclusion in the code of laws and ordinances; providing for
enforcement; providing for captions; and providing for an effective date. SUMMARY: This ordinance amends the
boundaries of the MSBU-Riviera Beach to include 141 properties that were previously missing from the MSBU-Riviera Beach.
Commencing with tax year 2019, the special assessment for fire hydrant
maintenance and rental on the previously missing parcels will be levied and
collected on the tax roll as a part of the MSBU-Riviera Beach. This ordinance
also updates and restates the boundaries of the MSBU-Riviera Beach and updates
certain provisions relating to the adoption of the non-ad valorem assessment
roll and the rate resolution. District 7 (SB)
D. COMMUNITY SERVICES
1. Staff recommends
motion to approve: installation of a park bench with an
engraved plaque indicating “The Tim Tom and Ann Conner Serenity
Garden”, into the serenity garden at the Senator Philip D. Lewis Center (The Lewis
Center), in honor of and recognition of a $250,000 donation to The Homeless
Coalition of Palm Beach County, Inc., from the estate of The Tim Tom
and Ann Conner Trust. SUMMARY: County PPM CW-O-044 establishes the policy
for naming County-owned facilities and locations. To honor an individual or
group within a County-owned facility, the individual or group must be nominated
by a County Commissioner. Vice Mayor Bernard has nominated The Tim Tom
and Ann Conner Trust in recognition of their generous donation to The Lewis
Center. The donation in the amount of $250,000 will be used for housing
assistance in $5,000 increments for homeless families who are clients of The
Lewis Center. The memorial bench and engraved plaque will be provided by The
Homeless Coalition of Palm Beach County, Inc., at an estimated cost of $1,200. No County funds required. (Division of
Human and Veteran Services) Countywide (HH)
OCTOBER 2, 2018
4. REGULAR AGENDA
E. HOUSING AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to conceptually approve: Neighborhood Stabilization Program 2 (NSP2) funding award in an amount
up to $2,000,000 to Village of Valor, Ltd. (VOV) and Faith-Hope-Love-Charity,
Inc., for the Village of Valor project. SUMMARY: VOV recently met with
County Administration and Housing and Economic Sustainability staff to discuss
the need for gap financing to support their Village of Valor project. The project is a 148 unit rental development
(apartments-townhomes) to be located on vacant land on the north side of 2nd Avenue North, east and west of
Keller’s Canal in Lake Worth (east portion) and Palm Springs (west
portion). The project entails new
construction of 130 apartments and 18 townhomes for affordable rental to very
low, low, and moderate-income persons with a priority given to veterans and
their families, including the disabled, homeless, and at-risk of
homelessness. The assisted units will be
deed-restricted to remain affordable for no less than 30 years. VOV’s project is an initiative of
Faith-Hope-Love-Charity, Inc., a local not-for-profit agency whose mission is
to reintegrate displaced and at-risk veterans and their families back into
communities to sustain independent living.
Faith-Hope-Love-Charity, Inc. is the non-profit Managing Owner / Partner
for the Village of Valor, LLC., and along with KSM Holdings, serve as the
development team for the VOV project.
Village of Valor, Ltd. is the organization / landowner created by the
development team for this project. The estimated development cost of the
project is $31 Million and VOV has identified sources of funding totaling $27
Million, leaving an approximate $4 Million gap.
VOV has launched fundraising activities for an additional $2 Million and
the proposed NSP2 award of up to $2,000,000 will serve as a match to those
funds to close the funding gap. The
actual award is contingent on confirmation that VOV has secured all funding
necessary to complete the project and underwriting of the project by the
Department of Housing and Economic Sustainability (HES) prior to execution of a
NSP2 funding agreement. Upon
confirmation of funding, the NSP2 award will be brought back to the Board of
County Commissioners (BCC) for consideration of final approval. The $2 Million is available from program
income generated from certain NSP2 activities and is subject to applicable NSP2
program requirements. As NSP federal
regulations do not require a competitive process for allocation of funds, staff
supports the direct allocation of these funds in lieu of issuing a Request for
Proposal (RFP) due to the BCC’s priorities to assist at-risk veterans and
disabled communities, and to address the lack of homeless and affordable
housing. This item has three HES
companion items: 3I-1 (Ratify 2018 Plan Consistency Certification form), 4E-2
(Impact Fee Affordable Housing Assistance Program Funding of $227,000) and 4E-3
(Housing Tax Credit Local Government Contribution Program SHIP Funding of $115,000).
These are NSP2 program income funds which require no local match.
District 3 (JB)
OCTOBER 2, 2018
4. REGULAR AGENDA
E. HOUSING AND ECONOMIC SUSTAINABILITY
(Cont’d)
2. Staff
recommends motion to:
A) approve Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $272,306 to Village of Valor, Ltd. (VOV) for the Village of Valor project;
B) authorize the Mayor to execute a Certificate of Award
to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve budget transfer of $236,233 in Impact Fee
Assistance Program – Roads Zone 2 to
appropriate funds for VOV;
D) approve budget transfer of $19,943 in Impact Fee
Assistance Program – Parks Zone 1 to appropriate funds for VOV; and
E) approve budget transfer of $16,130 in Impact Fee
Assistance Program – Public Building to appropriate
funds for VOV.
SUMMARY: On May 14,
2018, the Department of Housing and Economic Sustainability issued a Notice of
Funding Availability (NOFA) making $1,305,932 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2017 funding cycle. VOV submitted a request for assistance in
response to the NOFA on May 21, 2018. Staff recommends that up to $272,306 be
provided as a credit for impact fees associated with the Village of Valor project. VOV will be given credits for Roads Zone 2
Impact Fees ($236,233), Parks Zone 1 Impact Fees ($19,943) and Public Building
Impact Fees ($16,130) for the construction of Village of Valor. VOV will pay impact fees above the allocated
$272,306. The project is located
at 2431 – 2559 2nd Avenue North in Lake Worth and Palm Springs, and
will have 148 multifamily rental units (apartments-townhomes) for affordable
rental to very low, low, and moderate income persons, with a priority for
veterans and their families, including the disabled, homeless, and at-risk of
homelessness. According to IFAHAP requirements,
all 101 apartment units assisted by IFAHAP will be rented to households with
incomes no greater than 140% of Area Median Income (AMI). The assisted units will be deed-restricted to
remain affordable for no less than 15 years. These funds are from
interest earned by the Impact Fee Fund. District
3 (JB)
OCTOBER 2, 2018
4. REGULAR AGENDA
E. HOUSING AND ECONOMIC SUSTAINABILITY
(Cont’d)
3. Staff recommends
motion to:
A) approve Housing
Tax Credit Local Government Contribution funding award in the amount of
$115,000 to Village of Valor, Ltd. (VOV) for the Village of Valor project; and
B) delegate authority to the County Administrator or
designee to execute a funding agreement, amendments thereto, and all other
related documents necessary for implementation of the project.
SUMMARY: On October
13, 2017, the Department of Housing and Economic Sustainability (DHES)
published a Notice of Funding Availability (NOFA) for the Housing Tax Credit
Local Government Contribution Program offering State Housing Initiatives
Partnership (SHIP) funding to be used as the minimum local funding match for
projects seeking tax credits through the Florida Housing Finance Corporation
(FHFC) Housing Credits Program. One
developer submitted a response to the NOFA and SHIP funding in the amount of
$115,000 was reserved for the project.
However, the developer was ultimately unsuccessful in FHFC’s competitive
Housing Credits process, and consequently, the SHIP funds are now available for
other projects. Recently, VOV submitted
to DHES a request for a Housing Tax Credit Local Government Contribution for
the Village of Valor project. The project is an initiative of
Faith-Hope-Love-Charity, Inc., a local not-for-profit agency whose mission is to
reintegrate displaced and at-risk veterans and their families back into
communities to sustain independent living. The project is an
approximately 148 unit rental development (apartments-townhomes) to be located on vacant
land on the north side of 2nd Avenue North, east and west of
Keller’s Canal in Lake Worth (east portion) and Palm Springs (west portion).
The project entails new construction of approximately 130 apartments and 18
townhomes for affordable rental to very low, low, and moderate-income persons with a
priority given to veterans and their families, including disabled, homeless,
and at-risk of homelessness. The
assisted units will be deed-restricted to remain affordable for no less than 30
years. The proposed $115,000 funding award is provided in the form of a 1%
interest-only loan which balloons in 30 years.
The award is contingent on FHFC’s allocation of Housing Credits to
VOV. If FHFC does not allocate Housing
Credits, the SHIP award will be nullified and the funds will be reprogrammed
for other uses by the County. These
are SHIP funds which require no local match. District 3 (JB)
OCTOBER 2, 2018
4. REGULAR AGENDA
F. ADMINISTRATION
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
October 16, 2018 at 9:30 a.m.: ordinance of the Board of County Commissioners of Palm Beach County,
Florida, repealing and replacing Palm Beach County Code, Section 2-80.20
through 2-80.40, as amended, as follows: Section 2-80.20 Policy, Purpose,
and Objectives; Section 2-80.21 Definitions; Section 2-80.22 Scope and
Exclusions; Section 2-80.23 Equal Business Opportunity Office; Section 2-80.24
Commercial Nondiscrimination Policy; Section 2-80.25 Factual Predicate and
Purpose; Section 2-80.26 Administrative Reforms; Section 2-80.27 Affirmative
Procurement Initiatives; Section 2-80.28 Program Administration; Section
2-80.29 Severability Clause; Section 2-80.30 Sunset; Sections 2-80.31 through
2-80.40 Reserved; Providing for Interpretation of Captions; Providing for
Repeal of Laws in Conflict; Providing for a Savings Clause; Providing for
Severability; Providing for Inclusion in the Code of Laws and Ordinances; and
Providing for an Effective Date. SUMMARY: The Board of County
Commissioners accepted the Disparity Study conducted by Mason, Tillman and
Associates, Ltd. on December 19, 2017. The County’s Disparity Study found
statistically significant disparities in the County’s contracting with various
minorities, and recommended implementation of race and gender-neutral remedies
and race and gender-conscious remedies. This Equal Business Opportunity
Ordinance is intended to further the County’s compelling interest in ensuring
that it is neither an active nor passive participant in private sector
marketplace discrimination, and to actively promote equal opportunity for all
segments of the contracting and business community to participate in County
contract opportunities. Countywide (HH)
G. PURCHASING
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
October 16, 2018 at 9:30 a.m.: ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Palm Beach County Code
Chapter 2, Article III, Division 2, Part A (The Palm Beach County Purchasing
Code); Amending Section 2-51 “Application/Exemptions”; Amending Section 2-52
“Definitions”; Amending Section 2-54 “Source Selection”; Amending Section 2-55
“Protested Awards”; Amending 2-57 “Vendor Preferences”; Providing for Repeal of
Laws in Conflict; Providing for Severability; Providing for a Savings Clause;
Providing for Inclusion in the Code of Laws and Ordinances; and Providing for
an Effective Date. SUMMARY: The
current Purchasing Code (Ordinance No. 2005-062), as amended in 2008 (Ordinance
No. 2008-009) and April 20, 2010 (Ordinance 2010-010), established a
centralized purchasing system for the procurement of the County’s goods and
services. This Amendment to the
Purchasing Code includes necessary references to the Office of Equal Business
Opportunity, the Equal Business Opportunity Program, and the Equal Business
Opportunity Policies and Procedures. Countywide
(DW)
OCTOBER 2, 2018
4. REGULAR AGENDA
G. PURCHASING (Cont’d)
2. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
October 16, 2018 at 9:30 a.m.:
ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Section 2-80.47 Limitations of the Palm Beach County Code, the Local
Preference in Purchasing Code; Providing for Repeal of Laws in Conflict;
Providing for Severability; Providing for a Savings Clause; Providing for
Inclusion in the Code of Laws and Ordinances; and Providing for an Effective
Date. SUMMARY:
The current Local Preference Code (Ordinance No. 2002-065), as
amended by Ordinance Nos. 2009-095, 2010-011 and 2015-002, provides a local
preference to Palm Beach County vendors offering their goods or services to
Palm Beach County. This Amendment to the
Local Preference Code includes necessary references to the Equal Business
Opportunity Program and the Equal Business Opportunity Policies and Procedures.
Countywide (DW)
* * * * * * * * * * * *
RECESS
AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE CHILD CARE
FACILITIES BOARD
OCTOBER 2, 2018
5. BOARD
OF COUNTY COMMISSIONERS SITTING AS
THE CHILD CARE FACILITIES BOARD
A. HEALTH DEPARTMENT
1. Staff recommends
motion to approve: reappointment
of two members to the Child Care Advisory Council to fill the positions of a
representative for fire protection, engineering or technology, and a
representative who is the parent of a child currently enrolled in a child care
facility or family child care home. The
reappointments will expire September 30, 2021.
NOMINEE: SEAT No. REQUIREMENT: NOMINATED BY
Elyse W. Brown 5 Represents fire protection, Staff
engineering, or technology.
Kendra Barnes 6 Represents
a parent of a child, Staff
currently enrolled in a child care
facility.
SUMMARY: The Child Care Advisory Council is comprised
of seven members who serve at the pleasure of the Board of County
Commissioners. Council membership must
consist of two members who represent and operate private child care facilities
in Palm Beach County, one of whom operates a family day care home or large
family child care home; one member who represents and operates a parochial
child care facility in Palm Beach County; one consumer protection enforcement
official; one member for fire protection, engineering or technology; and one
member who, at the time of appointment, was the parent of a child attending a
child care facility in Palm Beach County; and one representative from the
Florida Department of Children and Families. The applicant for reappointment to
Seat # 5, Elyse Brown, is a Community Education Specialist with Palm Beach
County Fire Rescue. She has more than 15
years of work experience in the areas of fire and life safety science and
education. The applicant for
reappointment to Seat # 6, Kendra Barnes is the parent of a child currently
enrolled in a child care facility in Palm Beach County. With this approval, the Council will consist
of seven members: one African-American male (14.3%), one African-American
female (14.3%), and five Caucasian females (71.4%). The gender ratio (female: male) is 6:1. Countywide (HH)
* * * * * * * * * * * *
ADJOURN
AS THE CHILD CARE FACILITIES BOARD
RECONVENE
AS THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 2, 2018
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 2, 2018
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
OCTOBER 2, 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."