December 18, 2018
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
DECEMBER 18, 2018
PAGE ITEM
23 3I-4 REVISED SUMMARY:… Carol Thompson is a current County employee. Ms. Thompson’s reappointment conforms with BCC Resolution 2013-0193 as it is consistent with the
purpose of the CEDS committee per Article II of the CEDS Committee Amended
Bylaws (1/9/2014). 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… (HES)
38 3DD-1 REVISED SUMMARY: On November 20, 2018, the Fifteenth Judicial Circuit received
a letter committing additional funds to Palm Beach County in the sum of $22,627
from Making Every Day Count, Inc. The funds will support the continued
employment of are to be used to continue the Juvenile Court Case
Manager. This position, which develops protocols
is responsible for the recruitment, training, and coordination of
advocates to assist Delinquency and Family Drug Court participants. The funding
will cover the Juvenile Court Case Manager salary, applicable employment
taxes, and travel costs for the Juvenile Court Case Manager. The increased
funds will allow the Case Manager hours to increase from ten hours to position
will entail 20 hours per week.
Pay is at $20.53 per hour, for one year until the
funds are depleted. The position reports to the
Juvenile Court Operations Manager within of the Fifteenth
Judicial Circuit, under the with
supervision of by the Administrative Judge of the Juvenile
Division. (Court Admin)
44 5E-2 ADD-ON: Staff recommends motion to approve: a Settlement Agreement (Agreement) between the Palm Beach
County Board of County Commissioners (County)
and Lennar Homes, LLC, a Florida limited liability company (Lennar) relative to the provision of
Workforce Housing (WFH Units) in
three residential projects Gulfstream
Preserve, Silverwood Estates, Cambria Parc. SUMMARY: Lennar
is required to provide certain numbers of WFH Units per development orders obtained via residential project approvals. The number of units and how this requirement
is achieved are prescribed in the Comprehensive Plan (Plan), site specific amendments to the
Plan and the Unified Land Development Code (ULDC). Lennar is developing
three projects which contain WFH units and are the
subject of this Agreement. These projects represent the first for-sale WFH
Units created through the County program. Lennar has sought to exercise a
provision in the ULDC that allows them to be released
from this obligation for two of these projects (Gulfstream Preserve and Silverwood Estates).
The third project has not met necessary ULDC
thresholds to exercise this option but is included to provide conformity in
meeting the requirements (Cambria Parc). The County and Lennar are in disagreement on
the satisfaction of meeting these requirements and Lennar appealed the County
determination that the ULDC provisions had not been met. Such an appeal would be
made to a Special Magistrate. The County and Lennar have negotiated an agreement which will specifically address terms and
obligations for the construction, marketing and sales of WFH units for all
three projects. The circumstances
related to this agreement are unique to these three residential projects. At
all times, Lennar is expected to adhere to all ULDC
requirements in addition to the terms of this Agreement. Staff recommends that the Board approve this
Agreement. Countywide (KP) (Admin)
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
DECEMBER 18, 2018
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL/BCC AND STAFF COMMENTS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Staff
Comments (Page 7)
D. Commissioner
Comments (Page 7)
3. CONSENT AGENDA (Pages 9-38)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 39-40)
5. REGULAR AGENDA (Pages 41-44)
6. BOARD APPOINTMENTS (Page 45)
7. ADJOURNMENT (Page 46)
* * * * * * * * * * *
DECEMBER 18, 2018
STAFF COMMENTS
(Page 7)
COMMISSIONER COMMENTS (Page 8)
CONSENT AGENDA
A. ADMINISTRATION
Page 9
3A-1 Appointment
to the Water Resources Task Force
3A-2 Appointment
to the Small Business Assistance Advisory Committee
B. CLERK & COMPTROLLER
Page 10
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Change
order to contract with Engecon Construction, Inc. for
time extension and additional utility items necessary on the Sandalfoot Boulevard/State Road 7 and SW 3rd
Street/State Road 7 bridge replacements
3C-2 34
resolutions initiating eminent domain proceedings declaring the acquisition of
properties as temporary construction easements for construction of roadway
improvements on Seminole Pratt Whitney Road from Orange Boulevard to south of
Northlake Boulevard
Page 11
3C-3 Receive
and file report of plat recordations from April 1,
2018 through September 30, 2018
3C-4 Amendment
to Infrastructure Surtax Project Plan to advance the Whitehorse Drive to
Hypoluxo Road street lighting project
3C-5 Agreement
with Boynton Beach Associates XXVI, LLP to allow for collaboration on
constructing a modified alignment of Flavor Pict Road from State Road 7 to
Lyons Road
Page 12
3C-6 Amendments
to annual structural engineering contract with four companies
D. COUNTY ATTORNEY
Page 12
3D-1 Reimbursement
of attorney fees to Ronald Jones
Page 13
3D-2 Receive and file transcript for closing of
bonds related to the Ocean Avenue, Lantana Bridge and Max Planck Florida
Corporation Projects
E. COMMUNITY SERVICES
Page 13
3E-1 Agreement
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for home
energy assistance to seniors
Page 14
3E-2 Appointment
and proposed seat change on the Homeless Advisory Board
F. AIRPORTS
Page 14
3F-1 Sign easement agreement with Drive Shack
Palm Beach LLC and the City of West Palm Beach for construction and maintenance
of signage on Drive Shack property
Page 15
3F-2 Easement agreement with Comcast Cable
Communications Management, LLC for service to airport property
3F-3 Amendment with Paradies-Palm
Beach, LLC replacing the Tropical News kiosk to provide expanded concession
space
3F-4 Receive and file addendum to airline
agreement with Frontier Airlines, Inc. to receive a short-term license for
seasonal demands
DECEMBER 18, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
(Cont’d)
Page 16
3F-5 Agreements for rental car lease and
concession with two companies for operation of a rental car concession at PBIA
3F-6 Receive and file time extensions to four
Joint Participation Agreements with FDOT
G. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET
Page 17
3G-1 Negotiated settlement offer for three code
enforcement liens
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 Amendment
to agreement with Palms West Hospital Limited Partnership extending the terms
of the agreement for interoperable radio communications
Page 18
3H-2 Amendment
to Interlocal Agreement with the Drug Enforcement Administration – Miami
Division extending the terms of the agreement for interoperable radio
communications
3H-3 Amendment
to agreement with Susan Narduli for art services for
the Palm Beach County Convention Center Courtyard
Page 19
3H-4 Standard
license agreement with Thalle Construction Co., Inc.
for placement of temporary storm water discharge pipes and staging area for
construction materials at Paul Rardin Park
3H-5 Amendments to five annual HVAC contracts
extending the term for a year
Page 20
3H-6 Amendment to contract with Hedrick Brothers
Construction Co., Inc. for electronics and security systems renewal at the main
county courthouse
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 21
3I-1 Receive and file agreements with four
municipalities for the CDBG program
3I-2 Reimbursement to the City of Lake Worth for
the 8th Avenue North greenway project
Page 22
3I-3 Certification of Consistency with the
Consolidated Plan for the Isles of Pahokee II, LLC
Page 23
3I-4 Appointment/reappointments to the Treasure
Coast Regional Planning Council’s Comprehensive Economic Development Strategy
(CEDS) Committee
J. PLANNING, ZONING & BUILDING
Page 24
3J-1 Appointment
to the Construction Board of Adjustment and Appeals
K. WATER UTILITIES
Page 24
3K-1 Consultant
Service Authorization with Keshavarz &
Associates, Inc. for engineering services related to the replacement of
existing water main in the Village of Royal Palm Beach
Page 25
3K-2 Contract
with Insituform Technologies, LLC for the Palm Beach
County Sanitary Sewer Collection System Rehabilitation Project Phase 1
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Ratify the Mayor’s signature on a Florida Department of
Economic Opportunity 2018-2019 Florida Job Growth Grant Fund Application to
partially fund the USS Clamagore Artificial Reef Project
Page 26
3L-2 Termination
of a non-exclusive ingress and egress easement related to the Pine Glades
Natural Area
DECEMBER 18, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 27
3M-1 Receive and file11 Independent Contractor
Agreements for swimming coaches and water exercise instructors
Page 28
3M-2 Receive and file two Sound and Light
Production Services Contractor Agreements
3M-3 Receive and file two Entertainment Contractor
Agreements
3M-4 Receive and file Amphitheater Rental
Agreement
Page 29
3M-5 Receive and file 2018 South Florida Water
Management District Indian River Lagoon License Plate Funding Agreement
3M-6 Receive and file Florida Inland Navigation
District Project Agreement for costs associated with the redevelopment of the
Ocean Inlet Park Marina
Page 30
3M-7 Ratify the Mayor’s signature on a Florida
Recreation Development Assistance Program grant application associated with the
development of Canyon District Park Phase One
3M-8 Ratify the Mayor’s signature on a Florida
Recreation Development Assistance Program grant application associated with the
Caloosa Park Redevelopment project
Page 31
3M-9 Agreement with Team Services Florida, LLC to
provide sports officials
N. LIBRARY
Page 31
3N-1 Application to the Florida Department of
State, Division of Library and Information Services, for State Aid to Libraries
S. FIRE RESCUE
Page 32
3S-1 Resolution
conveying and transferring 150 fire-rescue self contained breathing masks to the Palm Beach
County Fire Rescue Cadet Battalion, Inc.
3S-2 Institutional
Review Board Authorization Agreement with the University of Miami IRB for the
Firefighter Cancer Cohort Study
3S-3 Amendment
to agreement with Elite Medical Specialists, LLC for medical director services
U. INFORMATION SYSTEMS SERVICES
Page 33
3U-1 Rescind
and replace the Interlocal Agreement with the City of Lake Worth for network
services
3U-2 Rescind and replace the Interlocal Agreement
with the Health Care District of Palm Beach County for network and colocation
services
Page 34
3U-3 Addendum
to AT&T ILC Intrastate Pricing Schedule for a one year time extension
X. PUBLIC SAFETY
Page 34
3X-1 Receive and file two grant adjustment notices
3X-2 Amendment to contract with NMS Management
Services, Inc. to provide drug testing to indigent defendants on pretrial
supervised release
BB. YOUTH SERVICES
Page 35
3BB-1 Amendment to contract with the City of Greenacres to reflect programming offered during the school
year
DECEMBER 18, 2018
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. SHERIFF
Page 35
3CC-1 Department of Justice, Office of Justice
Programs FY2018 Justice and Mental Health Collaboration Program grant award to
address school and community violence
3CC-2 Department of Justice, Office of Justice
Programs FY2018 Innovations in Community-Based Crime Reduction Program grant
award to address the disproportionate rate of violent crimes and related crime
drivers in the South End community of the City of Lake Worth
Page 36
3CC-3 Subgrant Agreement
from the State of Florida Department of Transportation for the Palm Beach
County Impaired Driving Initiative
3CC-4 Subgrant Agreement
from the State of Florida Department of Transportation for the Palm Beach
County Speed and Aggressive Driving Campaign project
3CC-5 U.S. Department of Transportation, Federal
Railroad Administration FY2018 Law Enforcement Strategies for Reducing
Trespassing Pilot grant to address Railroad Trespassing in the City of Lake
Worth
Page 37
3CC-6 Agreement with the State of Florida, Office of
Attorney General to fund one victim advocate to concentration on the victim
population and expand services to the human trafficking victim population
3CC-7 National Institute of Justice Award Letter for
a FY2018 DNA Capacity Enhancement and Backlog Reduction Program Grant to fund
the salary and benefits for two full time Forensic Scientists
DD. COURT ADMINISTRATION
Page 38
3DD-1 Donation from Making Every Day Count, Inc. for
continued support of the Delinquency and Family Drug Court programs
EE. OFFICE OF EQUAL OPPORTUNITY
Page 38
3EE-1 Contract with the Legal Aid
Society of Palm Beach County, Inc. for the Wage Dispute Project
PUBLIC HEARINGS – 9:30 A.M.
A. ENGINEERING & PUBLIC WORKS
Page 39
4A-1 Reserve drainage easement over a portion of
the unimproved south right-of-way for Linton Boulevard
4A-2 Resolution abandoning public interest in
portion of a drainage easement lying within Polo Trace II Plat No. 1
4A-3 Resolution abandoning public interest in
portion of drainage easement lying at the northeast corner of the Palmwood Road and Little Cypress Circle intersection
Page 40
4A-4 Determine that Palm Beach County had adhered
to and implemented its Five Year Road Program
DECEMBER 18, 2018
TABLE OF CONTENTS
REGULAR AGENDA
A.
FACILITIES DEVELOPMENT & OPERATIONS
Page 41
5A-1 Concessionaire
lease agreement with US Soccer 5, LLC for the operation of a mini soccer
complex concession at John Prince Park
Page 42
5A-2 Amendment to contract with James B. Pirtle Construction Company, Inc. for the PBSO Forensic
Sciences and Technology Facility project
Page 43
5A-3 Amendment
to concessionaire agreement with Hawkhaven, LLC to
permit the sale of beer and wine
B.
COMMUNITY SERVICES
Page 43
5B-1 Florida
Power & Light Company – FPL Care to Share Agreement to provide utility
assistance to household at risk of power being disconnected
C.
FIRE RESCUE
Page 44
5C-1 Interlocal
agreement with the School Board of Palm Beach County related to Clinical Field
Experience
D. HOUSING AND ECONOMIC SUSTAINABILITY
Page 44
5D-1 Amendment
to agreement with the Business Development Board to reflect a new reporting
format
E. ADMINISTRATION
Page 44
5E-1 Resolution
urging the legislature and Governor to create and provide funding for a
statewide opioid addiction task force.
BOARD
APPOINTMENTS
Page 45
6A-1 League
of Cities appointments to the Treasure Coast Regional Planning Council
ADJOURNMENT (Page 46)
DECEMBER 18, 2018
2C. STAFF COMMENTS
1. ADMINISTRATION
COMMENTS
2. COUNTY
ATTORNEY
DECEMBER 18, 2018
District 1 – COMMISSIONER HAL R. VALECHE
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER DAVE KERNER, VICE
MAYOR
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARY LOU BERGER
District 6 - COMMISSIONER MELISSA MCKINLAY
District 7 – COMMISSIONER MACK BERNARD,
MAYOR
DECEMBER 18, 2018
A. ADMINISTRATION
1. Staff recommends
motion to approve: one new appointment to the Water Resources Task Force for the remainder
of a full three year term commencing December
18, 2018 and ending September 30, 2021.
Seat No. Appointment Seat
Requirement Nominated By Term Ending
2 Elvadianne Culbertson Alternate
League of Cities September
30, 2021
SUMMARY: The Water Resources Task Force is comprised of 14
members: six City elected officials; one County Commissioner (or their
appointee); one water and/or wastewater provider or utility official; one Lake
Worth Drainage District representative; one drainage/water control district
elected official; one South Florida Water Management District Governing Board
member; one environmental representative; one land owner in Palm Beach County
actively farming that land to represent agricultural interests; and one Indian
Trail Improvement District (ITID) representative. Designated
alternates are also required for each seat. The diversity of the current 12
Task Force members and seven alternates is as follows:
18 Caucasian (95%) and one African-American (5%). The gender ratio (female:male) is 5:14. The alternate appointee nominated by the League
of Cities is a Caucasian female. Seven alternate seats, the water and/or
wastewater provider or utility official member seat and the ITID member seat
remain vacant at this time. Staff is actively seeking to increase diversity on
this board. Countywide (MJ)
2. Staff recommends
motion to approve: appointment of the following
individual to the Small Business Assistance (SBA) Advisory Committee for the
seat and term indicated below.
NOMINEE SEAT DESIGNATION TERM NOMINATED
BY
Bonnie
Horner 6 Business
Incubator Program 12/04/18 to
06/17/19 Mayor Bernard
Commissioner Valeche
Vice
Mayor Kerner
Commissioner McKinlay
SUMMARY: The SBA Advisory 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 a 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 Advisory Committee supports this nomination. Memos were
sent to the Board of County Commissioners on October 31, 2018 and
November 20, 2018. No other nominations were received. The SBA Advisory Committee consists of 15
members and the terms of the seats are for three years. The SBA Advisory
Committee reviews and evaluates the effectiveness of small business programs within
county government. The Committee consists of 14 members and the
current diversity count is: Caucasian: 5 (35.7%), African American: 6 (42.8%),
and Hispanic: 3 (21.4%), with a gender ratio (female:male) of: 8:6. The addition of this member
will change the diversity count as follows: Caucasian: 5 (33.3%), African
American: 6 (40%), Hispanic: 3 (20%), and Native American: 1 (6.6%), with a
gender ratio (female:male)
of: 9:6. The nominee is seeking appointment to complete the term of a board
member who resigned. Countywide (DW)
DECEMBER 18, 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
Joint Workshop/Legislative Delegation November
2, 2017
Regular October 2, 2018
Regular October 16, 2018
Zoning October
25, 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: Change Order No. 1 with Engecon
Construction, Inc. (Engecon) in the
amount of $113,188, including a time extension of 14 days, for the
additional utility items requested by Palm Beach County (County) Water
Utilities Department (WUD) on the Sandalfoot
Boulevard/State Road 7 and SW 3rd Street/State Road 7 bridge
replacements project R2018-0365. Per PPM
CW-F-050, this change order exceeds the $100,000 threshold relating to staff
approvals of change orders to contractors, and requires the Board of County
Commissioners’ approval. SUMMARY: Approval of Change Order No. 1 will
compensate for additional costs and delays due to upsizing the County WUD
existing force main from 8” to 12”.
During the course of the bridge construction, WUD requested an upgrade
of their existing 8” force main. All costs will be paid
by WUD. The Small Business Enterprise (SBE) goal for all contracts is 15%. Engecon proposed
25% SBE participation. Their SBE
participation for this change order is 100% and their cumulative SBE
participation to date including this change order is 66%. District 5
(LBH)
2. Staff recommends
motion to adopt: thirty-four resolutions to initiate eminent
domain proceedings by declaring the acquisition of residential properties
designated as parcels 206, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219,
220, 222, 224, 226, 229, 230, 232, 234, 235, 236, 237, 238, 239, 240, 241, 242,
243, 244, 247, 251, 252A, and 253 as permanent easements and parcel 327 as a
temporary construction easement necessary for the construction of roadway
improvements on Seminole Pratt Whitney Road from Orange Boulevard to south of
Northlake Boulevard (71st Lane North to 87th Lane North)
(Project). SUMMARY: To
date, the property owners have not
accepted the offers to purchase made by Palm Beach County and attempts to
negotiate the purchases have been unsuccessful. Adoption of these resolutions
will initiate eminent domain proceedings pursuant to Chapters 73, 74,
127, and Section 337.27, Florida
Statutes as amended, against 34
residential parcels having a total appraised value of $583,174. The parcels are necessary for the
reconstruction of Seminole Pratt Whitney Road from a two lane undivided roadway
to a four lane divided roadway. The
Project also includes the installation of drainage and sidewalks. Eminent
domain proceedings are necessary to acquire the residential parcels at this
time in order to expedite construction of the Project, which is
funded in the current Five Year Road Program. District 6 (MAB)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to receive and file: a report of plat recordations
from April 1, 2018 through September 30, 2018. SUMMARY:
This report is a bi-annual summary of subdivision plats recorded during the
fiscal quarters since the previous report. There were 20 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)
4. Staff recommends
motion to approve:
A)
an amendment to the Infrastructure Surtax (IST) Project Plan approved
by the Board of County Commissioners (BCC) on April 4, 2017, to advance
the “SR7 (Whitehorse Drive to Hypoluxo
Road)” street lighting project (Project) from FY2025 to FY2019; and
B)
budget transfer of $106,000 within the IST Fund
from reserves to advance the funds for the Project from FY2025 to FY2019.
SUMMARY: The
purpose of this amendment and budget transfer is to advance the funding for the
Project from FY2025 to FY2019. The
Project is currently funded within the IST at $106,000
in FY2025. Advancing the funds will allow Engineering to proceed with the
design process for the Project. The
existing SR7 high mast lighting system is a safety issue and is deteriorating more
rapidly than originally anticipated. It is in disrepair and close to the end of
its useful life span and in need of a replacement LED lighting system. The Project will be constructed in
conjunction with the “SR7 High Mast Towers Rehab (Hypoluxo Road to north of
Lake Worth Road)” street lighting project which is also funded by the IST at
$500,000 in FY2021. The original intent of the two projects was to rehabilitate
the towers (in FY2021) by converting to LED lights (in FY2025). The new scope of these projects involve
removing and replacing the high mast street lights
with a new LED lighting system (with design in FY2019 and construction in
FY2021). This amendment will also
effectively merge the two projects for greater efficiency and use of resources,
providing for a single design and construction project. The funding of the
Project will remain at $106,000 but be advanced
through the Engineering Department’s IST Reserve account from FY2025 to FY2019.
The budget transfer will implement the accounting changes for the FY2019
funding. The Sales Tax Oversight Committee reviewed this request at their
November 15, 2018 meeting and approved it unanimously. Districts 3 & 6 (LBH)
5. Staff recommends motion to approve: an agreement with Boynton Beach Associates XXVI, LLLP, a Florida Limited Partnership (Developer) to allow Palm Beach County (County) and Developer to collaborate on constructing a modified alignment of Flavor Pict Road, from State Road 7 (SR 7) to Lyons Road (Project). SUMMARY: Approval of this agreement will allow Palm Beach County (County) to work with the Developer to complete the construction of the Project on a straight alignment in lieu of the previously designed alignment (Curved Alignment). The western segment of the Project is from SR 7 to 2,300 feet east of SR 7. The County began construction of the Project on October 11, 2017, under contract with Rosso Site Development, Inc. (Rosso). While the Project was under construction, the Developer acquired ownership of the property immediately adjacent to the Project. During the development planning for the property, the Developer determined that the Curved Alignment on the western segment of the Project conflicted with the development plans of the property. The Developer subsequently contacted the Engineering Department, and offered to pay all additional costs to construct a road that would replace the Curved Alignment with a straight alignment on the western segment. The Developer also offered to dedicate all of the necessary rights-of-way, prepare the necessary design plans, and obtain all required permits to build the straight alignment on the western segment instead of the Curved Alignment. The Engineering Department reviewed the Developer’s offer and recommends approval of this Agreement. District 5 (LBH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve:
A) third amendment to the annual structural
engineering contract with Alan Gerwig &
Associates, Inc., (AGA) R2017-0026, dated January 10, 2017, to extend the
contract expiration date from January 9, 2019 to January 9, 2020, and modify
the fee schedule;
B) third amendment to the annual structural
engineering contract with R.J. Behar & Company, Inc., (RJB) R2017-0027,
dated January 10, 2017, to extend the contract expiration date from January 9,
2019 to January 9, 2020, and modify the fee schedule;
C) third amendment to the annual structural
engineering contract with Stantec Consulting Services
Inc., (SCS) R2017-0137, dated February 7, 2017, to extend the contract
expiration date from February 6, 2019 to February 6, 2020, and modify the fee
schedule; and
D) third amendment to the
annual structural engineering contract with Wantman
Group, Inc., (WGI) R2017-0138, dated February 7, 2017, to extend the contract
expiration date from February 6, 2019 to February 6, 2020, and modify the fee
schedule.
SUMMARY: Approval of these third amendments will
extend the expiration dates of the annual structural engineering contracts for
AGA and RJB from January 9, 2019 to January 9, 2020, and extend the expiration
dates for SCS and WGI from February 6, 2019 to February 6, 2020. These
extensions will provide a continuation of the required professional services
provided by AGA, RJB, SCS and WGI for one year, on a task order basis. These
amendments with AGA, RJB, SCS and WGI will also adjust their hourly rates as
allowed in the original contracts and shown in Exhibit B3 of each
amendment. These amendments are the
second renewals of two possible one year renewals
permitted per the original contracts. The Small Business Enterprise (SBE) goal
for all contracts is 15%. Tasks in the amount of
$219,605.39 have been authorized for RJB with 14.19% SBE participation which
does not meet their commitment of 17%.
Tasks in the amount of $149,633.35 have been
authorized for SCS with 25.44% SBE participation which does not meet their
commitment of 31%. Tasks in the amount of $335,874.33
have been authorized for WGI with 42.63% SBE participation which exceeds their
commitment of 15%. Tasks in the amount of $496,216.82
have been authorized for AGA with 91.39% SBE participation which does not meet
their commitment of 100%. AGA is certified as an SBE
company. AGA, RJB, SCS and WGI are all Palm Beach County based companies. RJB, SCS, and AGA have agreed to improve
their SBE percentages to attain their commitments. Countywide (LBH)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a reimbursement of attorney’s fees and costs in the amount of
$12,679.90, incurred by Ronald Jones in successfully defending a complaint
filed against him before the Palm Beach County Commission on Ethics. SUMMARY: A complaint was filed
February 23, 2017, against Ronald Jones, a Palm Beach County employee, alleging
a violation of the Code of Ethics by manipulating data to artificially inflate
on-time performance rates for Palm Tran Connection. Following a hearing on the matter, on July
30, 2018, the Hearing Officer found that there was insufficient evidence to
prove such a violation, and dismissed the charge. This motion is consistent
with County Policy PPM CW-F-057, which authorizes the County Attorney to review
and approve requests for reimbursement on behalf of present and former county
officials and employees who prevail in actions brought before the Palm Beach County
Commission on Ethics, provided the matter was connected to an official County
function and in furtherance of a public purpose. Countywide (LB)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends motion to receive and file: the official transcript for the closing of the Palm Beach County, Florida $22,540,000 Revenue Improvement Refunding Bonds (Ocean Avenue, Lantana Bridge and Max Planck Florida Corporation Projects), Series 2018 (Bonds) SUMMARY: The official transcript for the Bonds has been provided. This transcript should now be received and filed in the Minutes Department. Countywide (DB)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A)
Standard Agreement No. IP018-9500 for Emergency Home Energy
Assistance Program (EHEAP) with the Area Agency on Aging of Palm Beach/Treasure
Coast, Inc. (AAA), for the period October
1, 2018 to September 30, 2019, to provide services in accordance with the terms and conditions
specified in this Agreement including all attachments, forms and exhibits,
which constitute the Agreement document, in an amount not to exceed $15,795,
for administration costs and community outreach; and a spending
authority in the amount
of $89,520, directly paid by AAA, for client services to provide home
energy assistance to seniors; and
B)
budget amendment of $5,631 in the Division of Senior
Services Administration Fund to align the budget to the actual grant award.
SUMMARY:
The Division of Senior Services
(DOSS) is the designated Lead Agency for the AAA Service Area A and as such is
qualified to provide EHEAP services and is funded with
$15,795 in federal funds and $129,428 in additional county funds, for the
purpose of staff administration and EHEAP processing costs. DOSS is responsible for providing services
north of Hypoluxo Road. The areas of service include the entire County, excluding
portions of Districts 3, 4, 5 and 7 south of Hypoluxo Road. The Mae Volen Senior Center, Inc. (Service Area B),
is responsible for providing services in the areas south of Hypoluxo Road. Sufficient funding is included in the
current budget to meet County obligations. (Division of Senior Services) Countywide,
except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road
(HH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: a proposed seat change for one current
member and four new appointments to the
Homeless Advisory Board (HAB), effective December 18, 2018.
|
Current
Seat No. |
Proposed Seat No. |
Appointment |
Member
Category |
Nominated
By |
Term Ending |
|
10 |
7 |
Sophia Eccleston |
Homeless Coalition of Palm Beach County
Representative |
The Homeless Coalition of Palm Beach County |
09/30/20 |
|
Seat No. |
|
Appointment |
Member
Category |
Nominated
By |
Term Ending |
|
2 |
|
Javaro Sims |
Law Enforcement Representative |
Palm Beach County Law Enforcement Planning
Council |
09/30/21 |
|
3 |
|
Erica Whitfield |
School District of Palm Beach County
Representative |
School District of Palm Beach County |
09/30/21 |
|
9 |
|
Katrina Long-Robinson |
Business Community Representative |
Economic Council of Palm Beach County |
09/30/20 |
|
13 |
|
Taylor Materio |
Faith-Based Community Representative |
Community Services Department |
09/30/21 |
SUMMARY: On May
1, 2007, the Board of County Commissioners (BBC) established the Homeless
Advisory Board (HAB) to monitor the Ten-Year Plan to End Homelessness in Palm
Beach County (Ten-Year Plan). The total membership for the HAB shall be
no more than 14 at-large members, per Resolution No. R2016-0038,
comprised of members representing government, business providers, law
enforcement, advocates, education, faith-based and the formerly homeless.
Members representing the Palm Beach County Continuum of Care and the homeless
community are essential to the work of the Board. Due to an effort to most accurately reflect mandatory requirements, a seat
change is being recommended for Ms. Eccelston. Ms. Eccelston is currently in Seat No. 10 - Business Community
Representative, but will be moved to Seat No. 7 -
Homeless Coalition of Palm Beach County Representative. Ms. Long- Robinson will
complete the term of Ms. Smallridge, who resigned
from the HAB. The diversity count for the eight seats that are currently filled
is Caucasian: 5 (62%) and African-American: 3 (38%). The
gender ratio (female:male)
is 4:4. Mr. Sims and Ms. Long-Robinson are African-American. Ms. Whitfield and
Ms. Materio are Caucasian. Staff conducted targeted
outreach in an effort to proffer candidates for appointments that maintain a
diverse composition of the Board. (Division of Human and Veteran Services) Countywide
(HH)
F. AIRPORTS
1. Staff recommends
motion to approve: a Sign Easement Agreement (Easement) with Palm
Beach County, Drive Shack Palm Beach LLC (Drive Shack) and the City of West
Palm Beach (City) for the construction and maintenance of a
directional/wayfinding sign on a portion of property under lease to Drive Shack
on Belvedere Road at the Palm Beach International Airport (PBIA). SUMMARY:
Drive Shack is constructing a new golf-related entertainment venue on
County-owned property near the northwest corner of PBIA at the intersection of
Belvedere Road and Australian Avenue, pursuant to a Development Site Lease
Agreement (R2017-0939, as amended). The
City imposed a development condition, requiring Drive Shack to replace an
existing sign directing traffic to the City’s downtown area, and to provide an
easement for the sign. The sign and
easement will be on County-owned property, under lease to Drive Shack. Countywide
(HJF)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends motion to approve:
an Easement Agreement with Comcast Cable Communications Management, LLC
(Comcast) for service to 3800 Perimeter Road in West Palm Beach at the Palm
Beach International Airport (PBIA). SUMMARY: The Easement Agreement will
allow Comcast to install underground coax cable and fiber-optic cabling to
Atlantic Aviation – West Palm Beach, LLC (Atlantic), a tenant at PBIA located
at 3800 Perimeter Road. Countywide (HJF)
3. Staff recommends motion to approve: a
Tenth Amendment (Amendment) to Retail Concession Agreement (Agreement) with Paradies-Palm Beach, LLC (Paradies)
(R2007-2052), providing for replacement of the Tropical News kiosk and
conversion of KidZoo toy store (KidZoo)
at the Palm Beach International Airport (PBIA) into meeting/event space at no
cost to the County; providing for extension of the term for two additional
years to September 30, 2024, with the right to terminate the Agreement in its
entirety or, in part, as to individual concession units to provide for the
phased transition to new concessionaire(s) during the remainder of the term of
the Agreement. SUMMARY: The Amendment provides for the replacement of
the Tropical News kiosk located on Concourse B to provide for expanded
concession space, which will include additional space for grab and go food and
beverages. This Amendment also provides for the
conversion of the KidZoo, which is located
pre-security in the main terminal at PBIA, into meeting/event space. Paradies requested
the ability to close the KidZoo due to a significant
decline in sales due to its pre-security location. The costs of the improvements to the Tropical
News kiosk and renovation of the KidZoo will be paid by Paradies at no
cost to the County. Paradies
will continue to pay the same Minimum Annual Guarantee notwithstanding the
closure of the KidZoo. The
Agreement currently expires September 30, 2022. The Amendment provides for the
extension of the Agreement until September 30, 2024 with the right to terminate
the Agreement, in whole or in part, through the
remainder of the term in order to provide for the phased transition of
concession units to new concessionaire(s).
The Airport Concession Disadvantaged Business Enterprise (ACDBE) goal was established at 25%.
Paradies committed to 25% ACDBE participation and has reported 27%
participation to date. Countywide (AH)
4. Staff recommends
motion to receive and file: an Addendum to Airline Agreement (Addendum)
with Frontier Airlines, Inc., a Colorado corporation, commencing October 15,
2018, and terminating on the date the Non-Signatory Airline Agreement with
Frontier Airlines, Inc. (R2015-1611), 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: The Addendum allows
airlines to receive a short-term license to use facilities at PBIA to
accommodate their seasonal demands.
Delegation of authority for execution of the standard County Addendum
agreement above was approved by the BCC in R2016-0976.
Countywide (AH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to approve: agreements for Rental Car
Lease and Concession (Agreements), commencing January 1, 2019 and expiring June
30, 2021, with optional month to month renewals for up to 12 months thereafter,
for the operation of a rental car concession at the Palm Beach International
Airport (PBIA), with the following companies (Concessionaires):
A)
The Hertz Corporation
(Hertz) d/b/a Hertz, for payment of a Minimum Period Guarantee (MPG) for the
first year in the amount of $1,765,154 and facility rentals of $24,753.12; and
B) Hertz d/b/a Dollar Rent A Car, and Thrifty Car
Rental, for an initial MPG of $936,154 and facility rentals of $64,218.
SUMMARY: The Agreements provide for the operation of rental car concessions at
PBIA. The Agreements require the
Concessionaires to pay concession fees equal to the greater of the MPG or 10%
of gross revenues. In addition, the
Concessionaires are required to pay facility rentals for the lease of reservation
counter and office areas based on standard terminal rental rates, which are adjusted annually in accordance with the Signatory
Airline Agreement (R2014-1033). An Airport
Concession Disadvantaged Business Enterprise (ACDBE) goal was
established at 3.19%. All of the Concessionaires have committed to
achieving the ACDBE Goal. Countywide (AH)
6. Staff
recommends motion to receive and file: an
extension of time to the following Joint Participation Agreements (JPA)
with the Florida Department of Transportation (FDOT):
A) Taxiway C Drainage Improvements at Palm Beach
International Airport, Financial Project Number 430993-1-94-01 approved by the
Board on December 15, 2015 (R2015-1768 and R2015-1769), is hereby extended
until March 31, 2021;
B) Miscellaneous
Taxiway Rehabilitation (Taxiways F, G, H and M) at Palm Beach International
Airport, Financial Project Number 436216-1-94-01 approved by the Board on
February 3, 2015 (R2015-0145 and R2015-0146), is hereby extended until March
31, 2021;
C) Federal Inspection
Services (FIS) Facility at Palm Beach International Airport, Financial Project
Number 436513-1-94-01 approved by the Board on December 2, 2014 (R2014-1807 and
R2014-1808), is hereby extended until March 31, 2020; and
D) Perimeter Fence
Improvements at North Palm Beach County General Aviation Airport, Financial
Project Number 430950-1-94-01 approved by the Board on December 17, 2013
(R2013-1784 and R2013-1785), and amended on December 2, 2014 (R2014-1809 and R2014-1810),
is hereby extended until September 30, 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)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT AND BUDGET
1. Staff recommends
motion to approve:
a negotiated settlement offer in the amount of $20,000 for the full
satisfaction of three code enforcement liens that were entered against Eire LW
Road, LLC on March 6, 2013. SUMMARY: The Code Enforcement Special
Magistrate (CESM) entered three Orders on December 5, 2012 for property owned
by Eire LW Road, LLC (Eire) giving them until January 4, 2013 to bring their
properties located at 2664 2nd Avenue North, 2665 Lake Worth Road
and 2648 2nd Avenue North in Lake Worth into full code compliance.
The properties had been cited for uncultivated vegetation.
Compliance with the CESM’s Orders was not achieved by the ordered compliance
date and a fine in the amount of $100 per day was
imposed for each code lien. The CESM then entered three claims of lien against
Eire on March 6, 2013. Eire filed for Chapter 11 Bankruptcy on June 25, 2013
and the aggregate pre-petition claim for our three liens was $51,614.61. The
three code liens are still attached to the subject
parcels and are junior to a senior bank mortgage. Eire and their legal counsel
have agreed to pay $20,000 (38.8%) to settle all three liens. The three subject
parcels were annexed into the Village of Palm Springs
on December 11, 2014 and are no longer under Palm Beach County’s jurisdiction. District
3 (JB)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a first amendment to Agreement
(R2015-0921) with Palms West Hospital Limited Partnership, (Hospital) 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 October 5, 2018 through October 5, 2021. SUMMARY: The
Agreement provides the terms and conditions which gives the Hospital the ability
to program its radios and utilize the countywide common talk groups
for certain inter-agency communications expired on October 5, 2018. The
Agreement provided for three renewal options, each for a period of three years.
The Hospital has approved a renewal to extend the term of the Agreement
retroactively through October 5, 2021, 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 Hospital is required to pay all costs
associated with its subscriber units and to comply with established operating procedures
for the system. The Agreement may be terminated by
either party, with or without cause with ten days notice.
This first amendment renews the term; updates the attachment; updates the
reference to the most recent Motorola contract; and adds standard County
nondiscrimination provision. Other than the changes set forth herein, all other
terms remain the same. (ESS) Countywide (LDC)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: a first amendment to Interlocal Agreement
(R2013-1565) with the Drug Enforcement Administration – Miami Division,
(Participant) 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 November 4, 2018 through November 4, 2023. SUMMARY: The Agreement provides the terms and
conditions which gives the Participant the ability to program its radios and
utilize the countywide common talk groups for certain
inter-agency communications expired on November 4, 2018. The Agreement provided
for three renewal options, each for a period of five years. The Participant has
approved a renewal to extend the term of the Agreement retroactively through
November 4, 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 Participant is required to pay all costs associated with its subscriber
units and to comply with established operating procedures for the system. The
Agreement may be terminated by either party, with or
without cause with ten days notice. This first amendment
renews the term; updates the attachment; updates the reference to the most
recent Motorola contract; updates the notices as to the Participant and adds
standard County nondiscrimination, assignment and severability provisions. Other than the changes set forth herein, all
other terms remain the same. (ESS) Countywide
(LDC)
3. Staff recommends
motion to approve: a second amendment
to Agreement for Art Services (R2017-1895) with Susan Narduli
of Narduli Studio to decrease the fixed fee amount by
$4,625 and extend the contract duration by an additional 456 days to November
30, 2019 for the Palm Beach County Convention Center Courtyard. SUMMARY: On December 19, 2017, the Board approved an
Agreement for Art Services with Susan Narduli
(Artist) of Narduli Studio in the
amount of $454,000 for the design, permitting, fabrication and
installation of “Light Play” (sculptural screens artwork) for the Palm Beach
County Convention Center Courtyard. On
March 13, 2018 the Board approved the first amendment to the Artist’s contract
(R2018-0255) adding $340,600, plus an
extension of 275 days to oversee the programming and design of the entire Courtyard project to use the
artwork as the vehicle for converting
the Courtyard into a unique rentable venue. Through the design development
process, Convention Center staff determined that additional improvements were necessary
to support the specific operations, functionality and circulation requirements
of the new venue adding design scope in the amount of
$75,375. In addition, it was also determined to be most efficient and effective
for the project’s Construction Manager to install all footers, including those
currently in the Artist’s contract.
Thus, this second amendment includes an $80,000 reduction to the Artist
contract for footers that were originally included in her scope of work. The net impact to the project price is a
$4,625 reduction in the contract amount. Based on Convention Center facility
rental bookings and the desire to accomplish the Courtyard construction
concurrent with another major scheduled renewal/replacement project, Courtyard
construction has been rescheduled to June-September 2019 (as opposed to 2018),
thus a 456 day extension to the Artist contract is required. Funding for this
Courtyard art project is from the $68M Rev Bond AC2/Convention Center Parking
Garage. Following the completion of the Artist’s
and architect’s design, a separate construction contract will be presented to
the BCC for approval. (FDO Admin)
District 7/Countywide (MJ)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: a Standard License
Agreement in favor of Thalle Construction Co., Inc. (Thalle) for the period of December 21, 2018 through
December 20, 2019 for the placement of temporary storm water discharge pipes
and a staging area for construction materials within the County’s Paul Rardin Park. SUMMARY:
Paul Rardin Park is located at 460 State Road 715,
northwest of Belle Glade. The U.S. Army
Corps of Engineers (USACE) is replacing a water control structure adjacent to
the Park as part of the restoration of the Herbert Hoover Dike. Thalle was awarded the construction project. The Board initially
approved a License Agreement in July 2014 (R2014-1040), allowing Thalle to use part of the Park for the placement of
temporary above ground storm water discharge pipes and
the staging of construction materials for the project. Due to continuous delays in the project, the
Board approved additional License Agreements (R2015-1390), (R2017-0047), and (R2018-0412). The current License Agreement expires on
December 20, 2018. Thalle
has advised staff that due to weather delays combined with soil material
shortages, the project will not be completed by the
expiration date. Thalle is requesting the continued
use of the Park property for an additional 12 months from December 21, 2018
through December 20, 2019. The license
area is 34,000 square feet (.78 acres). The County may terminate the License
Agreement at any time. The restoration
of the Herbert Hoover Dike is in the best interest of the community’s safety
and welfare. The construction project is federally funded and any charge for the license would be
passed through to the USACE. Therefore,
this License Agreement is being granted at no charge.
(PREM) District 6 (HJF)
5. Staff recommends
motion to approve: Amendment
No. 4 to five annual Heating, Ventilation and Air Conditioning (HVAC) contracts
extending the term for one year for HVAC services on a continuing contract
basis for the period of January 13, 2019 to January 12, 2020.
|
|
Contractor |
Original Contract Resolution # |
Status |
Total Dollars in Work Orders to-date |
Total SBE Participation to-date |
||
|
A) |
E.C. Stokes Mechanical Contractor, Inc. |
R2015-0046 |
SBE/Local |
$1,723,262 |
98.68% |
||
|
B) |
Farmer & Irwin Corp. |
R2015-0047 |
Non-SBE/Local |
$1,161,570 |
0% |
||
|
C) |
Precision Air Systems, Inc. |
R2015-0049 |
Non-SBE/Local |
$1,528,485 |
72.71% |
||
|
D) |
The Airtex Corporation |
R2015-0050 |
SBE/Local |
$829,773 |
92.10% |
||
|
E) |
Thermo Air, Inc. |
R2015-0051 |
Non-SBE/ Non-Local |
$579,376 |
22.30% |
||
SUMMARY:
Amendment No. 4 extends the term of the contract for HVAC services for
one year through January 12, 2020. The
Board approved the annual contract on January 13, 2015, and the original
contract provided for an initial term of one year with four renewal options
each for a period of one year. During
the first four years of the contract, the County awarded $6,049,068 in work
orders. The annual HVAC contract is for
indefinite-quantity contracts with a maximum cumulative value of $6,500,000 for
the term. Projects are
bid among the pre-qualified participants and additional firms may become
prequalified at any time. Four of the
five contractors are Palm Beach County businesses and one is
based in Broward County.
Amendment No. 4 includes five annual HVAC contractors with two of the
contractors being SBE certified and three being non-SBE certified. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance is 15%. The cumulative SBE participation for
all work orders to-date is 64%. (Capital Improvements) Countywide
(LDC)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Amendment
No. 1 to the contract with Hedrick Brothers Construction Co., Inc. (R2017-0164)
in the amount of $13,580,467 for the Main County Courthouse, Electronics and
Security Systems Renewal and Replacement project establishing a Guaranteed
Maximum Price (GMP) for construction management services. The duration of this construction is 682 days
from notice to proceed unless amended by change order. SUMMARY: This Amendment authorizes the
renewal/replacement of Electronics & Security Systems within the
Main County Courthouse (MCCH), Central Energy Plant (CEP), and State
Attorney/Public Defender’s building. These systems include:
programmable logic controllers (PLC’s), CCTV surveillance and video management,
security management, elevator override control, electronic access control,
intercom, lighting control, duress and fire alarm. The project also includes the expansion of
the Command Center. All work will be completed after
business hours and on weekends, while maintaining full functionality of all
systems throughout the duration of the project. The contract establishes a
Small Business Enterprise (SBE) goal of 25%, as well as a separate SBE CM
partner goal of 15%. Hedrick Brothers Construction Co., Inc.’s SBE
participation for this Amendment is 32.5%, with 15% SBE partner involvement. This Amendment will be
funded from the Public Building Fund and from FY17, FY18 and FY19
Infrastructure Sales Tax. Hedrick Brothers Construction Co., Inc. is a Palm
Beach County Business and it is anticipated that 97%
of the work will be performed by Palm Beach County businesses. The solicitation
for this project was issued in September 2016, the CM contract awarded on
February 7, 2017 and preconstruction services authorized on April 10, 2017. (Capital
Improvements Division) Countywide/District 7 (LDC)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive and file: the following four agreements for capital improvement projects as funded
under the Fiscal Year 2018-2019 Community Development Block Grant (CDBG)
Program:
A) agreement with the City of Greenacres
for $159,265 under the CDBG Program;
B) agreement with the Town of Lantana for $71,832
under the CDBG Program;
C) agreement with the Village
of Palm Springs for $133,263 under the CDBG Program; and
D) agreement with the City of
Riviera Beach for $160,890 under the CDBG Program.
SUMMARY: The attached documents have been executed on behalf of
the Board of County Commissioners (BCC) by the Director of the Department of
Housing and Economic Sustainability in accordance with Agenda Item 5C-5,
as approved by the BCC on July 10, 2018.
The agreement with the City of Greenacres
provides $159,265 in CDBG funds towards the construction costs associated with
the installation of drainage improvements in the First Street drainage
system. The agreement with the Town of
Lantana provides $71,832 in CDBG funds for the installation of sidewalks along
North 7th Street. The agreement with the Village of Palm Springs
provides $133,263 in CDBG funds towards the design and engineering services
required to create a park connector pathway system. The agreement with the City of Riviera Beach
provides $160,890 in CDBG funds towards construction costs
for improvements along Avenue M.
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. These are Federal CDBG
funds which do not require a local match. Districts
2, 3, & 7 (JB)
2. Staff recommends
motion to approve: a reimbursement to the City of Lake Worth in the amount of $199,081.84 for
the 8th Avenue North greenway project. SUMMARY: On February
6, 2018, the County entered into an agreement (R2018-0167) with the City of
Lake Worth (City) for a grant of $291,846 of Community Development Block Grant
(CDBG) funds for the construction of a greenway on 8th Avenue North
from North A Street to North F Street. The date in the agreement for completion
of all activities was August 31, 2018.
The work was completed before August 31, 2018,
however, the request for reimbursement was sent on September 18, 2018, which is
after the required date of submission. The City has made the final payment to
the contractor and is requesting reimbursement of $199,081.84, which remains
available in the project budget.
Approval of this agenda item will reimburse the City for expenses
already incurred in connection with the construction of the greenway along 8th
Avenue North. These are Federal CDBG funds which
require no local match. District 3 (JB)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
3. Staff recommends
motion to:
A) approve a “Certification of Consistency with the
Consolidated Plan” for the Isles of Pahokee II, LLC, in connection with their
funding application to the U.S. Department of Housing and Urban Development (HUD);
and
B) Authorize the County Administrator, or designee, to execute
this Certification of Consistency with the Consolidated Plan and subsequent
Certifications for this project.
SUMMARY: The Isles of Pahokee II, LLC (a Housing Trust Group entity) has prepared
an application to HUD seeking funding through the Annual Contributions Contract
(ACC) Program. HUD requires that the
County confirm that the activities are consistent with the County’s current
Consolidated Plan through the execution of a form titled “Certification of
Consistency with the Consolidated Plan.”
The Department of Housing and Economic Sustainability (DHES) has
reviewed the Project Abstract for the Isles of Pahokee Phase II (the Project). The Project entails renovation of 129 public
housing units on two sites - Padgett Island, located at Padgett Circle and E. 7th
Street, and Fremd Village, located at Shirley Drive
and Belle Glade Road - both in unincorporated Palm Beach County in the vicinity of the City of Pahokee. The Project will consist of 20 efficiency
units, 58 one-bedroom units, 39 two-bedroom units and 12 three-bedroom
units. All 129 units will receive an ACC
operating subsidy and will be available to elderly households whose incomes do
not exceed 60% of Area Median Income. DHES has reviewed the Project Abstract and
determined that the Project is consistent with the Consolidated Plan goal to
“Increase 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 through new construction and/or rehabilitation of existing
units”. Because the Project is
consistent with the County’s Consolidated Plan, staff recommends execution of
this certification. District 6 (JB) (HES)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
4. Staff recommends
motion to approve: appointment/reappointment of the following individuals to the Treasure
Coast Regional Planning Council’s Comprehensive Economic Development Strategy
(CEDS) Committee, for the January 1, 2019 to December 31, 2019 term.
Appoint: Nominated By:
Joan Goodrich Mayor
Bernard Vice Mayor Kerner
Commissioner
Valeche Commissioner Weiss
Commissioner
Weinroth Commissioner McKinlay
Reappoint: Nominated By:
Nepoleon Collins Mayor Bernard Vice
Mayor Kerner
Commissioner
Valeche Commissioner Weiss
Commissioner
Weinroth Commissioner McKinlay
Charles Duval Mayor
Bernard Vice Mayor Kerner
Commissioner
Valeche Commissioner Weiss
Commissioner
Weinroth Commissioner McKinlay
Gary Hines Mayor
Bernard Vice Mayor Kerner
Commissioner
Valeche Commissioner Weiss
Commissioner
Weinroth Commissioner McKinlay
Carol Thompson Mayor
Bernard Vice Mayor Kerner
Commissioner
Valeche Commissioner Weiss
Commissioner
Weinroth Commissioner McKinlay
SUMMARY: The Treasure Coast Regional Planning Council (TCRPC) manages and
maintains the CEDS Committee whose purpose is to oversee and guide
district-wide economic development planning.
The TCRPC region is comprised of Palm Beach, Martin, St. Lucie and
Indian River Counties. The CEDS
Committee is a requirement of the U.S. Department of Commerce Economic
Development Administration and is comprised of five appointees from each of the
participating counties. The TCRPC
annually requests the Board of County Commissioners (BCC), as the appointing
authority for Palm Beach County, to review its existing members, and to either
appoint or reappoint members. Staff
recommends the appointment and reappointment of the above five individuals. Gary
Hines of the Business Development Board of Palm Beach County, Inc., Nepoleon Collins of the City of South Bay, Charles Duval of
CareerSource Palm Beach County and Joan Goodrich of the City and CRA of Delray
Beach, have disclosed their employer’s existing contracts, if any, with the
County. Staff has evaluated these contractual relationships and determined that
the above Committee provides no regulation, oversight, management or
policy-setting recommendations regarding any of the disclosed contractual
relationships. Carol Thompson is a
current County employee. Ms.
Thompson’s reappointment conforms with BCC Resolution
2013-0193 as it is consistent with the purpose of the CEDS committee per
Article II of the CEDS Committee Amended Bylaws (1/9/2014). 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 five representatives
recommended for appointment/reappointment by the BCC demonstrates a racial/ethnic
breakdown as follows: Caucasian: 3 (60%) and
African-American: 2 (40%). The gender
ratio (female:male) is 2:3. Countywide
(JB)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends motion to approve: the appointment of one new member and
reappointment of one member to the Construction Board of Adjustment and Appeals
(CBAA):
Appoint Seat Requirement Term Nominated
by
Fred K. Kutscher 3 Electrical
Contractor 12/18/18–12/17/21 International
Brotherhood of
Electrical
Workers
Union
728 (IBEW)
Re-appoint Seat Requirement Term Nominated
by
Margie Joy Walden 9 Member
of Public 12/18/20–12/17/21 Vice-Mayor Kerner
at Large
Comm.
McKinlay
Comm.
Valeche
SUMMARY:
Fred K. Kutscher has been nominated by the
International Brotherhood of Electrical Workers Local Union 728 (IBEW) to serve
a three-year term as the electrical contractor on the Construction Board of
Adjustment and Appeals (Board). Memorandums for re-appointment were sent to the Board of County Commissioners (BCC) on
November 8, 2018. No other nominations were received.
The term of office is three years, with a limit of three consecutive three-year
terms. The board has 11 seats with seven currently filled and a diversity count
of Caucasian: 6 (86%) and Hispanic: 1 (14%). The
gender ratio (female: male) is 1:6. The nominees are a Caucasian male and a
Caucasian female. Staff will continue to address the need to increase diversity
on our boards. Countywide (SF)
K. WATER UTILITIES
1. Staff recommends
motion to approve: a Consultant Service Authorization (CSA) No. 9
to the Engineering/Professional Services Contract with Keshavarz
& Associates, Inc., for engineering services necessary to support the
replacement of an existing water main in the Village of Royal Palm Beach (Project) in the amount of $222,258. Summary: On June 20, 2017, the Board of County Commissioners approved the Water
Utilities Department (WUD) Engineering/Professional Services Contract with Keshavarz and Associates,
Inc. (R2017-0817). CSA No. 9 provides for engineering services relating to the surveying, design and
permitting of the Project. These services
include subsurface utility exploration, survey, construction plans, technical
specifications, permitting, community outreach and bid support services for the
replacement of approximately 7,600-feet of existing 6-inch and 8-inch water
main, including the affected water services along Sandpiper Avenue, Meadowlark
Drive and Oriole Court in the Village of Royal Palm Beach. The Small Business Enterprise (SBE)
participation goal is 15% overall. The contract with Keshavarz and Associates,
Inc., provides for 90% SBE participation. This Authorization
includes 87.89% participation. The cumulative SBE
participation is 89.93%. Keshavarz and Associates,
Inc., is a Palm Beach County Company. (WUD
Project No.18-070) District 6 (MJ)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: a contract with Insituform
Technologies, LLC, (IT) for the Palm Beach County Sanitary Sewer Collection
System Rehabilitation Project Phase 1 (Project) in the amount of $3,713,242.30.
Summary: On April 4, 2018, three bids were received for the Project, which provides for the
rehabilitation of wastewater gravity pipelines, manholes and associated service
laterals. The lowest bidder, Ric-Man Construction
Florida, Inc. (RM), did not meet the minimum experience requirement specified
in the bid document. As a result, RM’s bid was determined to be
non-responsible. As the second lowest bidder, IT was determined to be the lowest responsible and
responsive bidder for the Project. RM subsequently filed a bid protest claiming
that the experience requirements were properly met per
the requirements of the solicitation. On June 26, 2018, the Director of
Purchasing recommended the bid protest be denied. RM then proceeded with a Request
for a Hearing before a Special Master. On October 9, 2018, the Special Master
recommended the bid protest be denied. The Small Business Enterprise (SBE)
participation goal is 15% overall. The contract with IT provides for 0.6% SBE
participation. IT is not a Palm Beach County Company. IT’s headquarters
are located in Chesterfield, Missouri.
The Project is in the FY19 Water Utilities Department (WUD) budget. (WUD
Project No. 15-098A) Countywide (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to:
A) ratify the
signature of the Mayor on a Florida Department of Economic Opportunity (DEO)
2018-2019 Florida Job Growth Grant Fund Application (Grant Application)
submitted on October 30, 2018, requesting $2,000,000 to partially fund the USS Clamagore
Artificial Reef Project;
B) authorize the Director of Environmental
Resources Management to serve as the Liaison Agent with DEO for this project;
and
C) authorize the County Administrator, or designee, to execute the Grant Agreement
(Agreement), sign all future time extensions, task assignments, certifications,
and other forms associated with this Agreement, and any necessary minor
amendments that do not significantly change the scope of work, terms or
conditions of this Agreement.
SUMMARY: The Grant Application requests $2,000,000
from DEO to partially fund the USS Clamagore project. Palm Beach County
has a contract with CRB Geological and Environmental Services, Inc. (CRB-GES)
to deploy the USS Clamagore
as an artificial reef offshore of the County. On January 10, 2017, the
Board of County Commissioners approved a contract (R2017-0114) with CRB-GES to
provide services that include procurement, preparation, towing, and scuttling
of the approximately 320’ retired United States Naval Submarine USS Clamagore in
90-100’ of water at a County-permitted artificial reef location offshore of
Jupiter/Juno Beach. At that time, the County agreed to provide $1,000,000 of
funding to cover a portion of the project costs. Project costs are $4,435,000
with $2,435,000 raised to date that include other funding sources and in-kind
services. DEO
provides funding assistance for projects that create economic diversification
and growth. The USS
Clamagore project is part of Palm Beach County’s
Artificial Reef Program. A 2001 Socioeconomic
Study of Reefs in Southeast Florida concluded artificial reefs in Palm Beach
County have an economic impact of $148,000,000 per year in sales and generates
1,800 jobs. No matching funds are required to qualify for this grant. District
1 (AH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve: the termination of a Non-Exclusive Ingress
and Egress Easement (Termination Easement) dated August 26, 2014, and recorded
in Official Records Book 27002, Page 792 of the Public Records of Palm Beach
County, Florida. SUMMARY: On August 19, 2014,
Palm Beach County (County) entered into an agreement with American Equities
Ltd. No. 6 (AE6) (R2014-1220), providing for the phased grant of easements to
the County across AE6’s 80 acre property for the County’s access to the Pine
Glades Natural Area. AE6 sold the
property and assigned its rights under the Agreement to SR II, LLC. Pursuant to
that agreement, the County is replacing a previously executed, but unrecorded
termination of a non-exclusive access easement over the 80 acres with this new
Termination Easement. This new Termination Easement reflects the change in
ownership and proposed development of the property. No County funds are required. District 1 (AH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following executed Independent Contractor
Agreements between Palm Beach County and
A) Caroline Ann Karolinko, US Synchronized Swimming Coach, Aqua Crest Pool,
for the period of October 1, 2018 through September 30, 2019;
B) East Coast Aquatic Club, LLC, USA Swimming
Coach, Aqua Crest Pool, for the period of October 1, 2018 through September 30,
2019;
C) LB2 Enterprises, Inc., d/b/a Palm Beach Masters, US Masters Swimming
Coach, Aqua Crest Pool, for the period of October 1, 2018 through September 30,
2019;
D) Patricia Ann Fisher, Water Exercise
Instructor, Aqua Crest Pool, for the period of October 1, 2018 through
September 30, 2019;
E) Gordon Andrews, USA Swimming Coach, Lake Lytal Pool, for the period of October 1, 2018 through
September 30, 2019;
F) LB2 Enterprises, Inc., d/b/a Palm Beach
Masters, US Masters Swimming Coach, Lake Lytal Pool,
for the period of October 1, 2018 through September 30, 2019;
G) Derek Jones, US Diving Coach, North County
Aquatic Complex, for the period of October 1, 2018 through September 30, 2019;
H) Kiril Zahariev, USA Swimming Coach, North County Aquatic Complex,
for the period of October 1, 2018 through September 30, 2019;
I) LB2 Enterprises, Inc., d/b/a Palm Beach
Masters, US Masters Swimming Coach, North County Aquatic Complex, for the
period of October 1, 2018 through September 30, 2019;
J) Mary Lou Putnam, Water Exercise Instructor,
North County Aquatic Complex, for the period of October 1, 2018 through
September 30, 2019; and
K) Stephen Van Coppenolle,
Water Exercise Instructor, North County Aquatic Complex, for the period of
October 1, 2018 through September 30, 2019.
SUMMARY:
These Independent Contractor Agreements have been
fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 94-422, amended by
Resolutions 2002-2103, 2007-0409, 2012-0168 and 2017-0822. The Department is now submitting these
agreements in accordance with County PPM CW-O-051, which requires all delegated
contracts/agreements/grants to be submitted by the initiating Department to the
Board as a receive and file agenda item. Districts 1, 2, & 4 (AH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file: the following executed
Sound and Light Production Services Contractor Agreements between Palm Beach
County and
A) Blackwood
Productions, LLC, Let it Be Concert, Seabreeze Amphitheater, for the period
October 13, 2018 through October 14, 2018; and
B) Blackwood
Productions, Florida Jam Concert, Sunset Cove Amphitheater, for the period
October 19, 2018 through October 21, 2018.
SUMMARY: These 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. The Department is now submitting these
agreements in accordance with County PPM CW-O-051, which requires all delegated
contracts/agreements/grants to be submitted by the initiating Department to the
Board as a receive and file agenda item.
Districts 1 & 5 (AH)
3. Staff recommends
motion to receive and file: the following executed Entertainment Contractor
Agreements between Palm Beach County and
A) Geoffrey Schwartz, Let It Be Concert,
Seabreeze Amphitheater, on October 13, 2018 and
B) Frank Loverso,
Whitestone Band Concert, Canyon Amphitheater, on October 20, 2018.
SUMMARY: These
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. The
Department is now submitting these agreements in accordance with County
PPM CW‑O‑051, which requires all delegated
contracts/agreements/grants to be submitted by the initiating Department to the
Board as a receive and file agenda item.
Districts 1 & 5 (AH)
4. Staff recommends
motion to receive and file: the following executed
Amphitheater Rental Agreement between Palm Beach County and Music Jam
Productions, LLC, Florida Jam Concert,
Sunset Cove Amphitheater, for the period October 19, 2018 through October 21,
2018. SUMMARY: 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. This program is part of a balanced schedule
of events which promotes the quality of life in the
communities we serve. The Department is now submitting this agreement in
accordance with County PPM CW-O-051, which requires all delegated
contracts/agreements/grants to be submitted by the initiating Department to the
Board as a receive and file agenda item.
District 5 (AH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
5. Staff recommends
motion to:
A) receive
and file fully executed 2018 South Florida Water Management District (SFWMD)
Indian River Lagoon License Plate Funding Agreement No. 4600003895 for a
culvert replacement project at Riverbend Park for the
period October 26, 2018 through October 25, 2019;
B) approve budget amendment
of $75,000 within the Park Improvement Fund to establish budget for the
approved grant; and
C)
approve budget transfer of $65,559 within the Park
Improvement Fund from General Recreation Facilities Repair and Renovation to Riverbend Park culvert replacement project.
SUMMARY:
On September
18, 2018, the Board authorized submission of an Indian River Lagoon License
Plate grant application to the SFWMD, R2018-1410, requesting $87,593 for the
replacement of a culvert at Riverbend Park. The grant is funded
through the sale of specialty license plates sold in Palm Beach County. SFWMD asked the County to accept reduced
funding in the amount of $75,000 in order to partially
fund a competing grant application. The
grant requires a minimum of 25% County match and the grant will
be matched with $65,559 or 47% from the Parks and Recreation Department
Capital Budget. The Board also authorized the County Administrator, or designee,
to execute the grant funding agreement, SFWMD Agreement, and other standard
state and/or federal grant forms related to this project if the grant was approved. This
grant was approved, the SFWMD Agreement has been fully
executed, and is now being submitted to the Board to receive and file. This grant agreement runs from October 26,
2018 through October 25, 2019. District
1 (AH)
6. Staff recommends
motion to:
A)
receive and file a fully executed Florida Inland Navigation
District (FIND) Project Agreement No. PB-18-200 for planning, design and
permitting costs associated with the redevelopment of the Ocean Inlet Park
Marina for the period October 30, 2018 through September 30, 2020; and
B) approve a budget amendment
of $200,000 within the Park Improvement Fund to establish budget for the
approved grant.
SUMMARY: On
May 15, 2018, the Board authorized submission of a Waterways Assistance Program
(WAP) grant application, R2018-0772, to fund a portion of the planning, design
and permitting costs associated with the redevelopment of Ocean Inlet Park
Marina. The Board also authorized the
County Administrator, or designee, to execute the Project Agreement, (FIND
Project No. PB-18-200) and other grant forms related to this project if the
grant were approved. The grant was approved, the Project Agreement has been fully executed
in accordance with Board authorization, and is being submitted to the Board to
receive and file and to establish budget for the grant. The FIND grant requires a $200,000 (50%) match, which will be funded from the Infrastructure Sales Tax. The
grant term is from October 30, 2018 through September 30, 2020, with a possible
one year time extension. District 4 (AH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
7. Staff recommends
motion to:
A) ratify
the signature of the Mayor on a Florida Recreation Development Assistance
Program (FRDAP) grant application submitted to the State of Florida Department
of Environmental Protection (FDEP) on October 18, 2018, requesting $50,000 to
fund the project elements associated with the development of Canyon District
Park Phase One;
B) authorize the County Administrator, or designee, to execute the grant Project
Agreement, as well as time extensions, task assignments, certifications,
standard forms, or amendments to the Agreement that do not change the terms and
conditions of the agreement if the grant is approved; and
C) authorize the Director of the Parks and Recreation Department to serve as Liaison
Agent with FDEP for this project.
SUMMARY: This grant application requests $50,000
from FRDAP for the development of Canyon District Park Phase One. Project
elements include three new multipurpose fields, picnic facilities, exercise
trail, restroom, and parking and associated infrastructure. The grant
requests $50,000 in funding, and will be matched with
$50,000 from Zone 3 Impact fees. If the grant is awarded,
and once the project is completed, the Project Agreement requires a Notice
of Limitation of Use to be recorded in public records limiting the project site
to outdoor recreation in perpetuity. District
5 (AH)
8. Staff recommends
motion to:
A) ratify
the signature of the Mayor on a Florida Recreation Development Assistance
Program (FRDAP) grant application submitted to the State of Florida Department
of Environmental Protection (FDEP) on October 18, 2018, requesting $50,000 to
fund the project elements associated with the Caloosa
Park Redevelopment project;
B) authorize the County Administrator, or designee, to execute the grant Project
Agreement, as well as time extensions, task assignments, certifications,
standard forms, or amendments to the Agreement that do not change the terms and
conditions of the Agreement if the grant is approved; and
C) authorize the Director of the Parks and Recreation Department to serve as Liaison
Agent with FDEP for this project.
SUMMARY:
This grant application requests $50,000 from FRDAP for the Caloosa Park Redevelopment project. Project
elements include renovation of the exercise trail, bike trail, and playground
as well as new landscaping and picnic facilities and ADA upgrades to the
existing parking and restroom. The
grant requests $50,000 in funding with no matching funds required. If
the grant is awarded, and once the project is
complete, the Project Agreement requires a Notice of Limitation of Use
to be recorded in public records limiting the project site to outdoor
recreation in perpetuity. District 4 (AH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
9. Staff recommends
motion to:
A) approve
an agreement with Team Services Florida, LLC, to
provide sports officials to officiate adult softball, youth basketball and
youth volleyball at County Recreation Facilities, in an amount not-to-exceed
$61,384, for a period of one year beginning January 1, 2019 through December
31, 2019, with four one year renewals options; and
B) authorize the County Administrator, or designee, to
execute all future renewal options, task assignments, certifications and other
forms associated with this agreement and any minor amendments that do not
change the scope of work, terms or conditions of this agreement.
SUMMARY:
The Parks and Recreation Department operates sports programs and
amenities including softball, basketball and volleyball. Qualified officials are needed for adult
softball, youth basketball and youth volleyball at County recreation
facilities. The current agreement (R2013-1836) expires on December 31,
2018. Procurement for
sports official services are exempt from the Palm Beach County Purchasing Code
and where possible shall be competitively bid by the Department. On October 15, 2018, a Request for Services
(RFS) was issued seeking submittals for sports
officiating services at County facilities. Only one bid was
received and the Department now desires to enter into an agreement with
the responsive bidder. The cost of this Agreement is offset by program fees. Countywide
(AH)
N. LIBRARY
1. Staff recommends
motion to:
A) approve the submittal
of an application to the Florida Department of State, Division of Library and
Information Services, for State Aid to Libraries in an estimated amount of
$990,538 for FY 2019;
B) approve the associated State Aid to Libraries
Grant Agreement with The State of Florida, Department of State; and
C) authorize the County Administrator, or designee, to execute any
other necessary agreements, amendments, forms and certifications associated
with the State Aid to Libraries grant agreement.
SUMMARY: The
State provides an annual operating grant to eligible libraries based upon their
annual operating expenditures from local funds.
Estimated State Aid revenue has been included in the County Library’s FY 2019 proposed budget.
The time frame for the agreement to determine
the award begins with the start of the Grantee’s second preceding fiscal year
(October 1, 2016) and concludes with the end of the State of Florida’s current
fiscal year (June 30, 2019). There is no
match requirement for this grant. Countywide
(AH)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends motion
to approve: a resolution,
pursuant to Section 125.38, Florida Statutes, conveying and transferring 150
fire-rescue self contained breathing apparatus (SCBA)
masks to the Palm Beach County Fire Rescue Cadet Battalion, Inc., a Florida not
for profit corporation, contingent upon receipt of $10 consideration, which is
the nominal price established by the Board pursuant to Section 125.38, and a
duly executed Acceptance of Fire Rescue Vehicle(s) and/or Equipment form;
providing for an effective date. SUMMARY: The Palm Beach
County Fire Rescue Cadet Battalion, Inc. (CB), has requested the County convey
and transfer 150 SCBA masks for use by the cadets in the basic firefighter
skills training provided by the CB. The equipment requested by the CB has
minimal useful value to the Fire/Rescue MSTU and would provide a valuable air
source to CB members as part of their firefighter skills training. This
equipment is currently part of Fire Rescue’s reserve inventory and would otherwise be scheduled for transfer to surplus. The
total estimated value of this equipment is $15,000. Countywide (SB)
2. Staff recommends
motion to approve: an Institutional Review Board (IRB)
Authorization Agreement with the University of Miami IRB for the Firefighter
Cancer Cohort Study (FFCCS) effective upon approval and continuing for the
duration of the County’s participation as a study site. SUMMARY: The
cancer cohort study is a FEMA-funded research project, established in July 2016
that will develop and test a framework for establishing a long-term prospective
study of firefighter carcinogenic exposures and health effects. The current
cancer cohort study is a joint effort between the University of Miami, the
University of Arizona, the National Institute for Occupational Safety and
Health (NIOSH), Boston Fire Department, Tucson Arizona Fire Department and Palm
Beach County Fire Rescue (PBCFR). As a participating study site, several PBCFR
firefighters, who have voluntarily chosen to participate, have been trained as
researchers to either collect their own biological samples (for example; blood,
urine, breath, and cheek cells) or to coordinate the study at PBCFR. The
research study is subject to extensive federal regulations, including review
and oversight of the study by an institutional review board pursuant to an IRB
Authorization Agreement. There are no County funds required for this
Agreement. Countywide (SB)
3. Staff recommends
motion to approve: a second
amendment to Professional Service Agreement with Elite Medical Specialists,
LLC, formally known as Kenneth A. Scheppke, M.D.,
P.A. for medical director services to extend the Agreement from December 31,
2018 to December 31, 2019 in an amount not to exceed $198,300. SUMMARY: Pursuant to State law,
Palm Beach County Fire-Rescue, as an Emergency Medical Services Provider, must
employ or contract with a medical director who is a licensed physician and meets the criteria set out in Chapter
401, Florida Statutes, and the Rules of the Department of Health, Chapter
64J-1, F.A.C. On December 2, 2014, the County entered into a Professional
Service Agreement (R2014-1849) with Kenneth A. Scheppke,
M.D., P.A. for Medical Director services beginning on
January 1, 2015 through December 31, 2017, with two optional one year periods
of renewal. Since the inception of the Agreement, Kenneth A. Scheppke, M.D., P.A. was converted
to Kenneth A. Scheppke, M.D., LLC, which was then
renamed as Elite Medical Specialists, LLC. A first amendment (R2017-1926) was approved on
December 19, 2017 to extend the Agreement through December 31, 2018.
Both parties desire to operate under the same terms and conditions of the
Agreement through the end of the second and final one year
period of renewal extending the Agreement through December 31, 2019. Countywide
(SB)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) rescind the Interlocal Agreement R2011-0774, dated May 17, 2011;
B) approve the
replacement Interlocal Agreement for network services
with the City of Lake Worth for an annual revenue of $12,900; 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 Lake Worth has an existing Interlocal Agreement with
Palm Beach County (R2011-0774) for network services and has requested an
increase in their bandwidth. Accordingly, the County recommends rescinding the existing
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 new Interlocal Agreement
includes updated contract terms to provide the increased level of network
services and internet access to the City of Lake Worth and will generate
$12,900 in annual revenues to the County, a net increase of $10,800 annually.
The Florida LambdaRail LLC has approved connection of
the City of Lake Worth to the Florida LambdaRail
network. District 3 (DB)
2. Staff recommends
motion to:
A) rescind Interlocal Agreement R2014-0171, dated February 4, 2014 as amended;
B) approve the replacement Interlocal Agreement for
network and colocation services with the Health Care District of Palm Beach
County (HCD) for an annual revenue of $120,156;
C) approve the HCD’s request that Palm Beach County contribute $16,671 of the
estimated $33,342 network installation costs for the proposed new location; and
D) 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
Health Care District of Palm Beach County has an existing Interlocal Agreement,
as amended, with Palm Beach County (R2014-0171) for network and colocation
services. The HCD is adding a new location at the JFK Medical Center
North Campus to help with the current opioid epidemic and has requested network
services at that site. They have also requested that Palm Beach County
assist with the installation cost for the new site. The County recommends
rescinding the existing 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 seventeen HCD sites and continues the current colocation
services. The JFK Medical Center North Campus site will generate $1,800
in additional annual revenues to the County. The one-time installation
cost to connect this site is estimated at $33,342 and
is proposed to be split evenly between the HCD and the County. The
Florida LambdaRail LLC has approved connection of the
HCD to the Florida LambdaRail network. Countywide
(DB)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
3. Staff recommends
motion to approve: Addendum to AT&T ILEC Intrastate
Pricing Schedule to allow for an extension of services for 12 months. SUMMARY:
The extension of this pricing schedule allows the County to maintain the
current price rates while finalizing the conversions associated with the
Unified Communications project that replaced the legacy telephone systems. Countywide (DB)
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: two Grant
Adjustment Notices (GAN) #015: Financial Management training; and #016:
supplemental clergy training materials; 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 October 31, 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 #015 approved
payment for the Financial Point of Contact, Ngoc Chau, to attend the 2018
Financial Management training. GAN #016 approved the supplemental clergy training
materials, which includes the Clergy quick reference guide and card. The Clergy Toolkit work product was approved
by GAN #012 (R2018-1236) and previously approved by the grantor on May 30,
2018. R2014-1633 authorized the County
Administrator, or designee, to execute future awards, contracts, 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 approve:
a first amendment to the contract for Professional Services with NMS Management
Services, Inc. (R2018-1231) for the period of August 14, 2018 through September
30, 2019, to provide drug-testing services to indigent defendants on pretrial
supervised release, court ordered for random drug testing for a total
not-to-exceed amount of $58,000. Summary: As part of the
MacArthur Safety and Justice Challenge grant program, funding
was allocated to the Public Safety Department’s
Pretrial Services Office for drug testing services to be provided to indigent
defendants. Currently, all defendants on
pretrial supervised release that have been court ordered for drug testing are
required to pay for their drug testing, which ranges from $20 to $65 per test.
With a pretrial population that is 85% indigent, defendants could not afford to
pay for the drug tests, sometimes resulting in a violation of pretrial release
conditions. This contract provides funding for approximately 960 indigent
defendants’ drug testing services. This
amendment expands the number of drug testing locations to include out of county
and out of state testing facilities, which makes it more convenient for the
pretrial defendants. Countywide (LDC)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to approve: second amendment to Community Based Agency Contract
with the City of Greenacres (City) (R2017-1509), for
the period October 1, 2018 through September 30, 2019, to reflect programming
offered during the school year and including an increase in the number of
clients served each month, at no additional cost to the County. SUMMARY: In October 2017, the Board of
County Commissioners (Board) approved a Community Based Agency Contract with
the City to provide Youth Programs – Cool Zone/Hot Spot, which included two
one-year options for renewal at the County’s sole discretion. In September
2018, the Board approved a first amendment (R2018-1451), extending the program
through September 30, 2019, and providing for continued funding in the amount of $77,000. The City desires to change the
months the program is offered from 12 to approximately
ten to reflect services rendered during the school year, while increasing the
number of clients served from 40 to 49. The City provides different programming
during the summer months in the form of summer camps. Program outcomes are
aligned with Palm Beach County’s Youth Master Plan action area, Social
and Emotional Learning. District 2 (HH)
CC. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a Department of Justice, Office of Justice Programs, FY2018 Justice and
Mental Health Collaboration Program grant award in the amount of $750,000 for
the period of January 1, 2019 through December 31, 2021; and
B) approve budget amendment of $750,000 in the Sheriff’s Grants
Fund.
SUMMARY: On September 26,
2018, the Palm Beach County Sheriff’s Office (PBSO) received a Federal grant
award in the amount of $750,000 to address school and
community violence. Funding provided will be used for
personnel costs, contractual services, supplies, travel/training, data
collection and assessment tools, and community awareness. The PBSO will provide the 20% required match and
overmatch in-kind contribution in the amount of
$212,086 through its approved operating budget.
One PBSO position is created with this action. An increase in funding from the County may be requested through our annual budget process once the
grant period ends. Countywide (LDC)
2. Staff recommends
motion to:
A) accept
on
behalf of the Palm Beach County Sheriff’s Office a Department of Justice,
Office of Justice Programs, FY2018 Innovations in Community-Based Crime
Reduction Program grant award in the amount of $1,000,000 for the period of
October 1, 2018 through September 30, 2021; and
B) approve budget
amendment of $1,000,000 in the Sheriff’s Grants Fund.
SUMMARY: On October 1,
2018, the Palm Beach County Sheriff’s Office (PBSO) received a federal grant
award in the amount of $1,000,000 to address the
disproportionate rate of violent crimes and related crime drivers in the South
End community of the City of Lake Worth.
Funding provided will be used for personnel
costs, contractual services, supplies, equipment, travel/training, community
outreach, supplies, and community awareness.
There is no match
requirement associated with this award. Two PBSO positions are created with this action. An increase in funding
from the County may be requested through our annual
budget process once the grant ends. Countywide (LDC)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
3. Staff recommends
motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office, a Subgrant
Agreement from the State of Florida Department of Transportation for the Palm
Beach County Sheriff’s Office, Palm Beach County Impaired Driving Initiative,
in the amount of $150,000, for the period of November 16, 2018 through
September 30, 2020; and
B) approve budget amendment of $150,000, increasing the Sheriff’s Grants fund.
SUMMARY: On November 16, 2018, the Florida Department of Transportation awarded a
grant to the Palm Beach County Sheriff’s Office in the amount
of $150,000, to support an Impaired Driving Initiative in Palm Beach
County. Funds will be
used to support overtime costs associated with the Impaired Driving
project. There is no match
requirement associated with this award. Countywide (LDC)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Sheriff’s Office, Palm Beach County Speed and Aggressive Driving Campaign project, in the amount of $100,000, for the period of November 2, 2018 through September 30, 2019; and
B) approve budget amendment of $100,000, increasing the Sheriff’s Grants fund.
SUMMARY: On November 2, 2018, the Florida Department of Transportation awarded a
grant to the Palm Beach County Sheriff’s Office in the amount
of $100,000, to support a Speed and Aggressive Driving Campaign project
in Palm Beach County. Funds will be used to support overtime costs associated with the
project. There is no match
requirement associated with this award. Countywide (LDC)
5. Staff recommends
motion to:
A) accept
on
behalf of the Palm Beach County Sheriff’s Office a U.S. Department of
Transportation, Federal Railroad Administration, FY2018 Law Enforcement
Strategies for Reducing Trespassing Pilot grant award in the amount of $75,000
for the period of October 1, 2018 through December 31, 2019; and
B) approve budget
amendment of $75,000 in the Sheriff’s Grants Fund.
SUMMARY: On November 5,
2018, the Palm Beach County Sheriff’s Office received a Federal grant award in the amount of $75,000 to address Railroad Trespassing in
the City of Lake Worth which can be the cause of accidents, injuries, death,
and vicarious trauma. Funding provided will be used
for overtime costs associated with a robust enforcement campaign. There is no match requirement. Countywide (LDC)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
6. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office an agreement between
the State of Florida, Office of the Attorney General and the Palm Beach County
Sheriff’s Office for a Victim of Crime Act (VOCA) award in the amount of $153,588 for the period October 1, 2018 through
September 30, 2019; and
B) approve budget amendment
of $153,588 in the Sheriff’s Grants Fund.
SUMMARY: On
October 1, 2018, the Palm Beach County Sheriff’s Office (PBSO) received a VOCA
grant. These funds will be used to
continue to allow for one victim advocate allocation
to concentrate on the victim population in Palm Beach County and will
additionally expand services to the human trafficking victim population through
the addition of one additional allocation.
Both positions will coordinate services with PBSO officers, the County’s
Victim Services Programs, and other municipal agencies to offer crisis
intervention, lethality assessments, safety plans, and case management
services. The PBSO will
be reimbursed for personnel expenses totaling $153,588. The PBSO will provide the 20% required match and
overmatch contribution in the amount of $51,196
through its approved operating budget. One new PBSO position is
created and one existing position is continued with this action. An
increase in funding from the County may be requested
through our annual budget process once the grant ends. Countywide (LDC)
7. Staff recommends
motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office a National Institute of
Justice Award Letter for a FY 2018 DNA Capacity Enhancement and Backlog
Reduction Program Grant in the amount of $312,793 for the period January 1,
2019 through December 31, 2020; and
B) approve budget amendment of $312,793 in the
Sheriff’s Grants Fund.
SUMMARY: On September 17, 2018, the Palm Beach County
Sheriff’s Office (PBSO) received an award for the DNA Capacity Enhancement and
Backlog Reduction Program. The Forensic
Biology Unit in the Crime Laboratory of PBSO services over 28 municipalities,
the school systems and assists state and local federal agencies as needed. These funds will be used to fund the salary and benefits of two full
time Forensic Scientists, training, travel, and contractual
services that will increase the efficiency of the crime lab. There is no
match requirement associated with this award. Countywide (LDC)
DECEMBER 18, 2018
3. CONSENT
AGENDA APPROVAL
DD. COURT ADMINISTRATION
1. Staff recommends
motion to:
A) accept on behalf of the Fifteenth Judicial
Circuit, a donation in the sum of $22,627 from, “Making Every Day Count, Inc.”
as continuing support of the Delinquency and Family Drug Court programs;
B) continue the approve
utilization of the funds for the continued support of a part-time Court Administration Juvenile
Court Case Manager position within the Fifteenth Judicial Circuit – Court
Administration; and
C) approve budget amendment of $22,627 to the general fund.
SUMMARY: On November
20, 2018, the Fifteenth Judicial Circuit received a letter committing
additional funds to Palm Beach County in the sum of $22,627 from Making Every
Day Count, Inc. The funds will support the continued employment of are
to be used to continue the Juvenile Court Case Manager. This position,
which develops protocols is responsible for
the recruitment, training, and coordination of advocates to assist Delinquency
and Family Drug Court participants. The funding will cover the Juvenile
Court Case Manager salary, applicable employment taxes, and travel costs for
the Juvenile Court Case Manager. The increased funds will allow the Case
Manager hours to increase from ten hours to position will entail 20
hours per week. Pay is at $20.53
per hour, for one year until the funds are depleted.
The position reports to the Juvenile Court Operations Manager within of
the Fifteenth Judicial Circuit, under the with supervision of
by the Administrative Judge of the Juvenile Division. Countywide
(AH)
EE. OFFICE OF EQUAL OPPORTUNITY
1. Staff recommends
motion to approve: a contract with the Legal Aid Society of Palm
Beach County, Inc. totaling $136,990 for the period January 1, 2019 through
December 31, 2019 for the Wage Dispute Project.
SUMMARY: On December 19, 2017,
the County and the Legal Aid Society of Palm Beach County, Inc. (Legal Aid
Society) entered into a contract (R2017-1863) for $133,000 to cover the salary
and benefits of the staff attorney assigned to the Wage Dispute Project, and
the support, investigative, court processing services and other actual costs of
the project. The Legal Aid Society has requested to continue the program for
another year. In 2017, 318 individuals were provided
service under the contract period. For
the current year, this figure has increased to 336. Kimberly Rommel-Enright, an employee of the
Legal Aid Society, serves on the Palm Beach County HIV CARE Council (Council),
which is a County Advisory Board. The Council provides no regulation, oversight,
management, or policy-setting recommendations regarding the contract listed
above. Disclosure of this contractual relationship at a duly noticed public
meeting is being provided in accordance with the
provisions of Section 2-443 of the Palm Beach County Code of Ethics. Countywide
(DO)
* * * * * * * * * * * *
DECEMBER 18, 2018
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to:
A) reserve a drainage
easement over an approximately
4,500 foot long portion of the
unimproved southern right-of-way (ROW) for Linton Boulevard that varies in width from 16.2 feet to 40
feet and lies between the Lake Worth Drainage District (LWDD) E-2½ Canal and
the LWDD E-2-E Canal (Abandonment Site) as shown on the plat of Addison Reserve
Plat Two, recorded in Plat Book 77, Pages 3-8, and the plat of Addison Reserve
Plat Three, recorded in Plat Book 78, Pages 5-8, Public Records, Palm Beach
County (County);
B) approve a utility
easement for Florida Power & Light Company (FPL) over the Abandonment Site;
C) approve a utility
easement for AT&T, Florida (AT&T) over the Abandonment Site; and
D) adopt a resolution
abandoning any public interest in the Abandonment Site.
SUMMARY: Approval of the utility easements, reservation of the drainage easement
and adoption of this resolution will eliminate the public dedication that is in
conflict with the future plans of Addison Reserve Country Club, Incorporated
(Petitioner). The Abandonment Site is located north of Clint Moore Road and
approximately 790 feet east of Florida’s Turnpike District 5 (LBH)
2. Staff
recommends motion to adopt: a resolution to abandon any public interest
in a portion of a drainage easement lying
within Tract S-1, as shown on Polo Trace II Plat No. 1, Plat Book 75, Page 193
(Plat 1); a portion of a Palm Beach
County utility easement recorded in Official Record Book (ORB) 13297, Page 569,
also lying within Tract S-1 in Plat 1; two utility easements lying
within Tract O-2, as shown on Plat
1; portions of two sewer easements, and three utility easements all lying
within Tract C, as shown on Polo
Trace II Plat No. 2, Plat Book 77, Page 76 (Plat 2); a utility easement lying
within Tracts B and C, as shown on Plat
2, Tract O-1, as shown on Polo
Trace II Plat No. 3, Plat Book 83, Page 1 and Parcel A, as shown on Polo Trace
II Golf Course, Plat Book 88, Page 160; and one utility easement and two well
site easements recorded in ORB 6348,
Page 53 and shown on Polo Trace II Golf Course, Plat Book 88, Page 160
(Abandonment Sites) all recorded in the public records of Palm Beach County
(County), Florida. SUMMARY:
Adoption of this resolution will eliminate all public interest in the
Abandonment Sites that are in conflict with the future redevelopment plans of
Polo Trace Associates, LLLP (Petitioner). The Abandonment Sites are located on
the west side of Hagen Ranch Road and approximately 0.80 miles south of Flavor
Pict Road. District 5
(LBH)
3. Staff
recommends motion to adopt: a resolution to abandon any public interest
in a 50-foot wide by approximately
146-foot long portion (Abandonment Site) of the drainage easement lying within the single-family lot located at
the northeast corner of the intersection of Palmwood
Road and Little Cypress Circle, as described in Deed Book 1038, Page 689,
Public Records of Palm Beach County. SUMMARY: Adoption of this resolution will eliminate the public
interest in the Abandonment Site where an error in construction caused an
encroachment. It has been determined that the remaining drainage easement is
sufficient for the public drainage needs. The petition site is located north of
Donald Ross Road and east of Palmwood Road. District 1 (LBH)
DECEMBER 18, 2018
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file:
Proof of publication)
A. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to:
A) determine that Palm Beach County (County) has adhered to and implemented its Five Year Road Program (Program) based on substantial evidence that the funding for the current fiscal year and the addition of the new fifth year are as contemplated in the Comprehensive Plan and that fewer than 20% of the Fiscal Year 2017 construction projects are more than 12 months behind schedule as defined in Attachment “1”;
B) adopt an Ordinance
amending Ordinance No. 85-40, as amended, establishing an amended Program;
providing for title; purpose; adoption of revised Program and revised list of
projects contained in Exhibit “A”; implementation of the Program; modification
of Program; funding of other roadway improvements, interpretation of exhibit;
repeal of laws in conflict; severability; inclusion in the Code of Laws and
Ordinances; and effective date; 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: This is the annual update of the County’s Program, which is required to be considered each year by the Ordinance. The Unified Land Development Code (ULDC) requires that concurrent with the adoption of the annual Program, the Board of County Commissioners must determine that the appropriate findings of fact associated with the Program have been made. Those findings have been made. Exhibit “A” to the Ordinance contains the road projects to be undertaken by the County in the next five years. 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 2019 through Fiscal Year 2023. Countywide (LBH)
* * * * * * * * * * * *
DECEMBER 18, 2018
A. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a Concessionaire Lease Agreement with US Soccer 5, LLC (US Soccer), a limited
liability company, for the operation of a mini soccer complex concession at
John Prince Park (Park) for $48,000/year ($4,000/month) for a period of ten years commencing no later than 30 days
after the issuance of a certificate of occupancy. SUMMARY: In July 2018, a Request For
Proposals (RFP) was issued for the operation of a mini soccer complex
concession at the Park for park visitors.
Proposals were received from Soccer Town
Pembroke Pines, LLC (Soccer Town) and US Soccer. A Selection Committee reviewed the proposals
and ranked US Soccer the highest. The guaranteed annual rent is $48,000/year
($4,000/month), with annual 2% increases.
US Soccer will pay a commission fee equal to the amount by which 10% of
US Soccer’s annual gross revenues exceeds the guaranteed annual rent. US Soccer
has proposed making $990,486 in capital improvements which
includes four 7v7 fields (35-45 yards wide x 55-70 yards long), two 5v5 fields
(25 yards wide x 40 yards long), installation of a trailer/container for
check-in, and an outdoor cafe/service/patio area. The term of the Concessionaire Service
Agreement is for ten years, with two ten year options to extend. US Soccer has posted a $5,000 security
deposit. The Parks Department will
manage and administer the Concessionaire Lease Agreement. (PREM) District 3
(HJF)
DECEMBER 18, 2018
5. REGULAR AGENDA
A. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
A) Amendment No. 1 to the contract with James B. Pirtle
Construction Company, Inc. d/b/a Pirtle Construction
Company (R2015-0852) in the amount of $26,305,228 for the Palm Beach County
Sheriff’s Office (PBSO) Forensic Sciences and Technology Facility project
establishing a Guaranteed Maximum Price (GMP) for construction management
services for the period of 429 days from notice to proceed unless amended by
change order;
B) budget transfer of $1,200,000 within the Public
Building Impact Fee Fund;
C) budget transfer of
$1,200,000 from the General Fund Contingency Reserves to the Public Building
Improvement Fund; and
D) budget amendment of $1,200,000 in the Public Building
Improvement Fund to recognize the transfer from General Fund Contingency
Reserves and to fund the PBSO Forensic Sciences and Technology Facility
Project.
SUMMARY: This
Amendment authorizes construction of an approximately 87,000 sq. ft. secure
lab/office/warehouse facility with an 800 to 1000 vehicle impound lot. At
the completion of this project, the Evidence Unit will vacate five satellite
facilities and one leased property. The duration of construction is 429
days. The contract establishes a Small Business Enterprise (SBE) goal of 15%.
James B. Pirtle Construction Company, Inc.’s
SBE participation for this Amendment is 21.6%. Including this Amendment,
James B. Pirtle Construction Company, Inc.’s overall
SBE participation is 21.4%. James B. Pirtle
Construction Company, Inc. is a Broward County business and it is anticipated that 55% of the work will be performed by
Palm Beach County businesses. The budget amendment and transfers are necessary
due to a budgetary shortfall of $2,400,000 and to fully fund
the construction, remaining soft costs and contingency. All major
subcontractor bids were reviewed by Staff and found to be competitive with the
greatest percentage of the shortfall being due to a combination of industry manpower shortages, the significant amount of competing
construction opportunities and design requirements unique to this
facility. Due to this facility being designed to accommodate the long term needs of Palm Beach County Sheriff’s Office
(PBSO), both County staff and PBSO believe that cutting the scope would not be
a prudent way to close the funding gap. This
Amendment will be funded from Public Building Impact
Fees, 176M 08 Jail Expansion Bond proceeds and, FY17, FY18 and FY19
Infrastructure Sales Tax Funds (f.k.a. Evidence
Building) and ad valorem funds. The solicitation for the project was issued
in Feb. 2015, the CM contract awarded on July 7, 2015 and preconstruction
services authorized on July 13, 2015. (Capital Improvements Division) Countywide/District
2 (LDC)
DECEMBER 18, 2018
5. REGULAR AGENDA
A. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends motion
to approve: a second amendment to
Concessionaire Service Agreement (R2013-1018) dated August 13, 2013, as
amended, with Hawkhaven, LLC d/b/a Lazy Loggerhead
Café (Hawkhaven) to permit the sale of beer and
wine. SUMMARY: Hawkhaven manages
and operates the Lazy Loggerhead Café in the Carlin Park concession building
pursuant to Concessionaire Service Agreement (R2013-1018) which runs until
August 31, 2020. Hawkhaven has requested the ability
to sell beer and wine on the premises.
The sale of alcohol at beachside food and beverage concessions is
consistent with other similar concession operations in South Florida and in
other County park concessions such as golf courses and museums. Allowing Hawkhaven
to serve beer and wine will address current public dining preferences and will
result in increased revenue to the County. This second amendment permits the
sale of beer and wine; updates the insurance, non-discrimination and inspector
general provisions; and adds the conflict of interest, scrutinized companies,
heading and condemnation provisions. The
Board may terminate the Concessionaire Service Agreement upon 90 days written
notice. All other terms of the Agreement
will remain in full force and effect. Parks will continue to have
administrative responsibility for the Agreement. (PREM) District 1 (HJF)
B. COMMUNITY SERVICES
1. Staff recommends
motion to approve: a Florida
Power & Light Company (FPL)-FPL Care To Share Agreement to prevent loss of
power for residents of Palm Beach County for the period of January 1, 2019
through December 31, 2023, for an amount to be determined by FPL. SUMMARY: The FPL Care To
Share Agreement enables the Department of Community Services to provide utility
assistance to households at risk of their power being disconnected. The
Division of Human and Veteran Services has been administering the FPL Care to
Share program in Palm Beach County since July 1, 2006. The program is sponsored
by the Florida Power & Light Company and is designed to provide emergency
assistance funds to customers who are in a crisis situation and unable to pay
their electric bill. Since the Division of Human and Veteran Services
has administered the program, FPL Care To Share has provided $1,542,906
(through September 2018) to assist households in Palm Beach County. The program
assists over 300 households per year, with 1,625 assisted over the most recent
5-year period. Voluntary contributions
from FPL customers, along with corporate contributions from FPL fund the FPL
Care To Share program. A standard upper limit payment
of $500 per participant per grant year is provided. No
County match is required. (Division of Human and Veteran Services) Countywide
(HH)
DECEMBER 18, 2018
5. REGULAR AGENDA
C. FIRE RESCUE
1. Staff recommends
motion to approve: an Interlocal Agreement relating to
Clinical Field Experience with the School Board of Palm Beach County, Florida
for the period December 18, 2018 through December 31, 2023. SUMMARY: Under this agreement
Palm Beach County Fire Rescue will provide clinical field experience for
students enrolled in a duly approved Emergency Medical Responder (EMR) training
program at secondary schools located throughout Palm Beach County. The first
three years of this agreement will serve as a pilot program for students
enrolled in the EMR program at Palm Beach Lakes High School and Wellington
Community High School. At the successful completion of the three
year pilot program, clinical field experience opportunities may be
expanded to students enrolled in an EMR program at additional high schools.
Students will respond with County paramedics under actual emergency conditions
to observe and to assist in delivering emergency medical care using basic life
support techniques for which the student has been trained
under their EMR program. This clinical field experience is an
integral and required part of the EMR program, and will enhance the available
job pool of qualified personnel. Countywide (SB)
D. HOUSING AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve: Amendment No. 2 to the
Agreement (R2016-1422) with the Business Development Board of Palm Beach
County, Inc. (BDB) to amend the Scope of Services. SUMMARY: On September
27, 2016, the Board of County Commissioners (BCC) entered into an Agreement
(R2016-1422), as amended (R2017-1707) on November 7, 2017, with the BDB to
provide business recruitment, expansion, and retention services and general
marketing for Palm Beach County. The
Agreement period is from October 1, 2016 through September 20, 2021 and is in
the third year of its five year term. The
public/private partnership between the County and the BDB works towards
creating a stable and diverse economic climate throughout Palm Beach
County. The Agreement’s Scope of
Services is reviewed annually and revised as appropriate to capitalize on
changes within the Palm Beach County economy and business community. In consultation with the BDB, the revisions
to the Agreement include a new reporting format to facilitate monitoring and
contract compliance. In addition, an annual report pursuant to Section 125.045,
Florida Statutes and a requirement to advise HES of meetings with
Glades-focused business recruitment, expansion, and retention efforts have been added. The
revised Scope of Services is provided as an attachment
to this Agenda Item. These are County Ad Valorem funds. Countywide
(JB)
E. ADMINISTRATION
1. Staff recommends
motion to approve: a resolution urging the
legislature and Governor to create and provide funding for a statewide opioid
addiction task force. SUMMARY: On
December 4, 2018, the Board of County Commissioners requested a resolution be
brought forth to urge the legislature and Governor to create and fund a
statewide opioid addiction task force.
The impact of the national opioid epidemic can easily
be seen and felt in Florida where this type of addiction has become an alarming
public safety and health crisis.
In Florida, opioid overdose incidents and deaths pose serious threats to
public health, and the state ranks fourth in the nation for total care costs
attributed to opioid abuse. Residents
throughout the state, in rural and suburban communities alike, are confronting
opioid addiction and resulting overdose deaths.
While local task forces may be best equipped to address the distinct
needs of a particular community, a
statewide task force would be better suited to address more universal issues
and problems typically caused by or found in communities dealing with the
opioid epidemic. Countywide (DW)
2. ADD-ON: Staff recommends
motion to approve: a Settlement Agreement (Agreement)
between the Palm Beach County Board of County Commissioners (County) and Lennar Homes, LLC, a
Florida limited liability company (Lennar)
relative to the provision of Workforce Housing (WFH Units) in three residential projects Gulfstream Preserve, Silverwood
Estates, Cambria Parc. SUMMARY: Lennar is
required to provide certain numbers of WFH Units per development orders
obtained via residential project approvals.
The number of units and how this requirement is achieved are prescribed
in the Comprehensive Plan (Plan), site specific amendments to the Plan and the Unified Land
Development Code (ULDC). Lennar is developing three projects
which contain WFH units and are the subject of this Agreement. These
projects represent the first for-sale WFH Units created through the County
program. Lennar has sought to exercise a provision in the ULDC that allows them
to be released from this obligation for two of these
projects (Gulfstream Preserve and Silverwood
Estates). The third
project has not met necessary ULDC thresholds to exercise this option but is
included to provide conformity in meeting the requirements (Cambria Parc). The
County and Lennar are in disagreement on the satisfaction of meeting these
requirements and Lennar appealed the County determination that the ULDC
provisions had not been met. Such an appeal would be
made to a Special Magistrate. The County and Lennar have negotiated an agreement which will specifically address terms and
obligations for the construction, marketing and sales of WFH units for all
three projects. The circumstances
related to this agreement are unique to these three residential projects. At
all times, Lennar is expected to adhere to all ULDC
requirements in addition to the terms of this Agreement. Staff recommends that the Board approve this
Agreement. Countywide (KP)
* * * * * * * * * * * *
DECEMBER 18, 2018
A. ADMINISTRATION
(Treasure
Coast Regional Planning Council)
1. Staff recommends
motion to ratify: the following Palm Beach County League of Cities (League)
representatives to the Treasure Coast Regional Planning Council (TCRPC),
beginning January 1, 2019 to December 31, 2019:
Nominees Seat No. Representing
Regular appointments:
Anne Gerwig, Mayor
4 Village of
Wellington
Jeff Hmara, Councilman 5 Village of Royal Palm Beach
Omari Hardy, Commissioner 6 City of Lake Worth
Abby Brennan, Mayor
7 Village
of Tequesta
David Norris, Councilman 8 Village of North Palm Beach
Alternate
appointments:
Paula Ryan, Commissioner 4A City
of West Palm Beach
Kristine de Haseth,
Commissioner 5A Town
of Ocean Ridge
Robert Gottlieb, Vice Mayor 6A Town
of South Palm Beach
Maria Marino, Mayor 7A City
of Palm Beach Gardens
Vacant
8A
SUMMARY: In accordance with the TCRPC Rules of
Order, the Board of County Commissioners (BCC) appointed its members and
alternates for the coming year before the Council’s annual meeting on December
14, 2018. The TCRPC Rules of Order also require the BCC ratify the League’s members.
The League appointed the above municipal representatives at their November 28,
2018 meeting. Countywide (RPB)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 18, 2018
7. 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."