January 15, 2019
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JANUARY 15, 2019
PAGE ITEM
14 3C-6 REVISED SUMMARY: Approving the second amendment will update
the language of the termination section, criminal history records check
section, commercial non-discrimination section, and scrutinized companies
section. This solicitation for annual design professionals was advertised on
November 13, 2016 and November 20, 2016, according to the SBE Ordinance in
place at the time, with final selection taking place on February 16, 2017. The prime consultant is a certified MWBE
utilizing two subconsultants that are SBE/MWBE. This consultant agreed to provide
16% SBE participation and 0% M/WBE participation. This Annual Intersection Improvements
contract is scheduled for renewal by June 19, 2019, and will have the new EBO
Ordinance added at that time. to be compliant with current county
requirements. Approval of this task order will provide the professional engineering services necessary for the
preparation of design plans and construction bid documents for the
Project. The Project will provide an additional westbound and eastbound through
lane on the west side of the intersection in addition to milling and
resurfacing. The Small Business Enterprise (SBE) goal for all contracts is 15%. BPA
committed to 16% SBE participation for the Contract. BPA proposes 21.65% SBE
participation for this task order, and the overall SBE participation for this
Contract is 29.45% and 78.34% MWBE (H). BPA is a Miami based company
with an office located in Palm Beach County. (Eng)
32 3L-1 DELETED FOR FURTHER STAFF REVIEW (ERM)
51 4C-1 REVISED MOTION: Staff recommends motion to adopt: a resolution of
the Board of County Commissioners of Palm Beach County, Florida, approving the
signing and submission of the Section 5310 grant application, supporting
documents and assurances, total project cost of $1,218,851 for capital
assistance under grants for the enhanced mobility of seniors and individuals
with disabilities CFDA 20.513, as administered by the Florida Department of
Transportation (FDOT); establishing an effective date. , and
designating and authorizing Palm Tran’s Executive Director to sign the
application, accept a grant award, purchase vehicles/equipment and/or expend
grant funds pursuant to a grant award, unless specifically rescinded. (Palm Tran)
53 5A-4 ADD-ON: Staff recommends motion to approve: A) the creation of two temporary positions
within the Department of Housing and Economic Sustainability (DHES) to intake,
process, underwrite and close homebuyer files through the Workforce Housing
Program (WHP), B) a budget transfer
of $100,000 from the General Fund Contingency Reserves; and C) a budget amendment of $100,000 to
the Economic Development Fund to recognize and appropriate the transfer of
funds from the General Fund Contingency Reserves. SUMMARY: County
Administration is requesting the approval of contingency funding in an amount
not to exceed $100,000 to retain dedicated staff in DHES to work on the WHP
initiative, which is very labor intensive.
DHES undertook implementation of the WHP for-sale component with its
existing staff in August 2017. As this
was a new initiative, the first major tasks included developing the WHP
operating procedures, marketing tools, program guidelines, application intake
regulations and closing processes. DHES
developed the operating infrastructure in collaboration with Planning and
County Attorney staff, the then two participating WHP developers and their
preferred lenders. In March of 2018,
DHES kicked off its mandatory WHP orientation sessions for potential buyers
and, to date, have conducted 18 such sessions at various locations. Approximately 389 prospective buyers have
gone through the orientation sessions and been certified to move through the
developer-lender qualifying processes. Thirty-seven of the certified applicants
have been subsequently income certified to purchase a WHP unit. Of which, 14 of those individuals have closed
on homes. DHES is now in the process of
holding its first WHP housing tour, which is scheduled for Saturday, January 26th
at Silverwood Estates Townhomes. Given
the intensity of the WHP program and the defined time frames by which the units
must be sold at the WHP price points, DHES existing staff has been strained
with balancing its implementation with their regular workload of administering
state and federal program initiatives.
Therefore, there is a pressing need to hire dedicated staff to perform
WHP functions and to relieve the existing staff to return to performing their
regular assignments. Staff envisions
hiring two employees on either a part time or full time basis as needed. The
ongoing need for the positions will be evaluated and addressed for further
consideration in the proposed FY2019-2020 budget process. Staff is requesting the Board’s approval. Countywide (JB) (Admin)
53 5A-5 DELETED FOR FURTHER STAFF REVIEW/ADD-ON: Staff recommends motion to approve: the appointment of one individual to the
Florida Atlantic Research & Development Authority (Authority) to complete
an unexpired term ending June 7, 2019:
Reappoint Seat
No. Seat Requirement Nominated By
Frederick Yentz 1 PBC
Resident/Employed Comm. Weinroth
In the Private Sector
Summary: On October 3, 1985, the Board of County
Commissioners (BCC) adopted Ordinance No. 85-32, which created the Florida
Atlantic Research & Development Authority.
The Authority is comprised of seven members: three Palm Beach County
representatives, three Broward County representatives and the President of
Florida Atlantic University or designee.
Representatives must be employed in the private sector and reside in the
County in which they represent. Even
though this is an at-large appointment, historically, staff has requested
nominations for the Authority from the District 4 Commissioner, and
Commissioner Weinroth has nominated Frederick Yentz. The current diversity of
the two Palm Beach County representatives is: two Caucasian males. Mr. Yentz is a Caucasian male. Countywide (HH)
(Admin)
60 6A-1 REVISED MOTION: Staff
recommends motion to approve: the reappointment of one individual to the Health Facilities Authority
for the term of January 15, 2019 to April 30, 2023 and appointment of one
individual for the term January 15, 2019 to April 30, 2021: (Admin)
Reappoint Seat No. Seat Requirement Nominated By
Gerald Robinson 1 Resident
of PBC Mayor Bernard
Vice-Mayor
Kerner
Comm.
Valeche
Comm.
Weiss
Comm.
McKinlay
Comm.
Weinroth
Appoint Seat
No. Seat
Requirement Nominated
By
James Carroll 2 Resident of
PBC Comm. Valeche
OR
Appoint Seat No. Seat Requirement Nominated By
Yolette Bonnet 2 Resident of
PBC Mayor Bernard
Vice-Mayor
Kerner
Comm.
Weiss
Comm.
McKinlay
Comm.
Weinroth
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
JANUARY 15, 2019
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. Special
Presentations (Page 8)
D. Staff
Comments (Page 9)
E. Commissioner
Comments (Page 10)
3. CONSENT AGENDA (Pages 11-48)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 49-51)
5. REGULAR AGENDA (Pages 52-59)
6. BOARD APPOINTMENTS (Page 60)
7. ADJOURNMENT (Page 61)
* * * * * * * * * * *
JANUARY 15, 2019
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2C-1 Mentoring Awareness Month
2C-2 Human Trafficking Awareness Month
2C-3 Susan G. Komen Race for the Cure Day
2C-4 Census Day
2C-5 Dr. Martin Luther King Jr. Coordinating
Committee Month
2C-6 Recognizing Volunteers Who Helped Pass
Florida Amendment 4
STAFF COMMENTS
Page 9
2D-1 Board
Directives Update
COMMISSIONER COMMENTS (Page 10)
CONSENT AGENDA
A. ADMINISTRATION
Page 11
3A-1 Appointment
to the Water Resources Task Force
3A-2 Appointment
to the Health Council of Southeast Florida, Inc.
B. CLERK & COMPTROLLER
Page 12
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Report
of County Officials Bonds
3B-5 Annual
Financial Reports for Fiscal Year 2017-2018
C. ENGINEERING & PUBLIC WORKS
Page 12
3C-1 Amendment
to contract with Wynn & Sons Environmental Construction Co., Inc. extending
the expiration date
Page 13
3C-2 Tri-party
Interlocal agreement with the East Central Regional Wastewater Treatment
Facilities Operation Board and the City of West Palm Beach to construct a new
access road on ECR property
3C-3 Work
order with Ranger Construction Industries, Inc. to mill and resurface Pinehurst
Drive from Lake Worth Road to Forest Hill Boulevard
3C-4 Resolution
to approve recordation and filing of maintenance map certifying three streets
have been maintained
3C-5 Interlocal
agreement with the City of West Palm Beach for future payment for utility relocation
associated with the development of Fire Station No. 8 on Northlake Boulevard
Page 14
3C-6 Amendment
and task order with Network Engineering Services, Inc. to update certain
language
3C-7 Incentive
Grant Program with the State of Florida Department of Transportation for the
right-of-way acquisition of Military Trail at Forest Hill Boulevard
D. COUNTY ATTORNEY
Page 15
3D-1 Settlement
agreement with Karen Williams
3D-2 Settlement
agreement with Travon Mitchell
JANUARY 15, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 15
3E-1 Receive
and file U.S. Department of Housing and Urban Development FY 2018 Continuum of
Care Program Grant Agreement
Page 16
3E-2 Appointment
to the Community Action Advisory Board
3E-3 Contract
with Gulfstream Goodwill Industries, Inc. for vocational training services
Page 17
3E-4 Ratify
the Mayor’s signature on Modification No. 4 to the Florida Department of
Economic Opportunity Federal Fiscal Year 2017 Low-Income Home Energy Assistance
Program Federally Funded Subgrant Agreement with the State of Florida
Department of Economic Opportunity
F. AIRPORTS
Page 18
3F-1 Receive and file license agreement with Avis
Budget Car Rental, LLC for rental car parking
3F-2 Receive and file five consent to sublease
documents for Aviation West Palm Beach LLC
3F-3 Change order with West Construction, Inc.
for the Southside Redevelopment Program at the Lantana Airport
Page 19
3F-4 Receive and file extension of time to the
Joint Participation Agreement with the Florida Department of Transportation for
construction of hangars at the Glades Airport
3F-5 Resolution approving Supplemental Joint
Participation Agreement with the Florida Department of Transportation for
hangars and infrastructure at the Glades Airport
3F-6 Resolution approving Supplemental Joint
Participation Agreement with the Florida Department of Transportation for
additional tie-down/transient apron at the North Palm Beach County Airport
Page 20
3F-7 Construction manager at risk contract with
The Morganti Group, Inc. for airport improvement at four airports
3F-8 Amendment to Airport Ground Transportation
Concession Agreement with SE Florida Transportation, LLC
Page 21
3F-9 Receive and file two consent to sublease
documents for Jet Aviation Associates, Ltd.
3F-10 Resolution approving a Public Transportation Grant Agreement with
the Florida Department of Transportation for perimeter fence improvements at
the Lantana Airport
3F-11 Amendment to agreement with Piedmont Hawthorne Aviation, LLC
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 22
3G-1 Receive
and file financial statements from the Florida Development Finance Corporation
3G-2 Appointment
to the Contract Review Committee
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 22
3H-1 State
of Florida – Hazard Mitigation Grant Program Application for FEMA funding to
replace skylights in the Judge Robert T.K. Hurley Courthouse with a hardened
roof
Page 23
3H-2 License
agreement with the School Board of Palm Beach County for use of courthouse
facilities for Youth Court programming
3H-3 Mortgagee’s
Joinder and Consent of the Kravis Center replat in favor of the City of West
Palm Beach and the County
3H-4 Easement
agreement in favor of the Florida Inland Navigation District at the Jupiter
Beach Park and Carlin Park
Page 24
3H-5 Amendment
with Cedars Electro-Mechanical, Inc. extending the term for one year
3H-6 Amendments
to five contracts extending the term for one year
Page 25
3H-7 Amendments
to 17 contracts extending the term for one year
JANUARY 15, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 26
3I-1 Receive and file Notice of Termination
letter terminating the Job Growth Incentive Grant Agreement with TBC Parent
Holding Corporation, TBC Retail Group, Inc. and TBS Shared Services, Inc.
Page 27
3I-2 Receive and file executed documents in
connection with a loan made to Shellco Construction Corp., Simplified, Inc.,
and Simplified Fabricators, Inc.
Page 28
3I-3 Receive and file executed documents in
connection with a loan made to Prestige Commercial Kitchen, Inc.
J. PLANNING, ZONING & BUILDING
Page29
3J-1 Reappointments
to the Land Development Regulation Advisory Board
K. WATER UTILITIES
Page 29
3K-1 Receive
and file executed agreements received during the months of September and
October 2018
Page 30
3K-2 Contracts
with Globaltech, Inc. and Cardinal Contractors, Inc. for Optimization and
Improvements Design-Build Services
3K-3 Non-standard
Utility Easement granted by Congress Avenue Properties, LTD on properties
located within Blackbird Subdivision
3K-4 Subordination
of Utility Interest to the State of Florida Department of Transportation
Page 31
3K-5 Change
order with Gilmore Electric Company, Inc. for generator lug boxes at various
water treatment plants
3K-6 Work
authorization to contract with Hinterland Group, Inc. for Sanitary Sewer Lining
Project Lift Station Basin 4101 project
3K-7 Reappointment
to the Water Utilities Advisory Board
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 32
3L-1 Contract
with Coston Marine Services, Inc. and McCulley Marine Services, Inc. for
construction of artificial reefs in the Atlantic Ocean
3L-2 State
of Florida Department of Environmental Protection Standard Grant Agreement for
Juno Beach Nourishment
Page 33
3L-3 Agreement
and License for Property Access to trim vegetation with Seaview at Juno Beach
Property Owner’s Association, Inc. to trim vegetation of county owned
beachfront property in Juno Beach
3L-4 Work
order with Wynn and Sons Environmental Construction Company, Inc. for
construction of public use facilities at Loxahatchee Slough Natural Area
Page 34
3L-5 Appointment
to the Groundwater and Natural Resources Protection Board
JANUARY 15, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 34
3M-1 Budget transfers for the Park Ski Lake Dock
Replacement project at Okeeheelee Park
Page 35
3M-2 Amendment to
the Infrastructure Surtax Project Plan related to the West Boynton Parking Lot
Light Replacement Project
3M-3 Non-standard Special Event Area Rental
Agreement with Delray Beach Arts, Inc. for Garlic Fest 2019
3M-4 Receive and file Amphitheater Rental
Agreements
Page 36
3M-5 Receive and file Sound and Light Production
Services Contractor Agreements
3M-6 Receive and file Entertainment Contractor
Agreement
Page 37
3M-7 Receive and file Independent Contractor
Agreements
Q. CRIMINAL JUSTICE COMMISSION
Page 38
3Q-1 Ratify
the Mayor’s signature on grant application to the Florida Department of Law
Enforcement to fund the Palm Beach County Reentry Program
3Q-2 Receive
and file Grant Adjustment Notice 3 from the Federal Fiscal Year 2016 Florida
Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant
Program
Page 39
3Q-3 Receive
and file contract with Uptrust, Inc. for a court date reminder system for
criminal court defendants
X. PUBLIC SAFETY
Page 40
3X-1 Receive
and file Project Budget Adjustment Amendments for ex-offender reentry services
Page 41
3X-2 Mutual
Aid Agreement with the United Way of Palm Beach County, Inc. to coordinate the
Volunteer and Donation Unit, Emergency Support Function
3X-3 Receive
and file executed Special Service Arrangement to purchase and install E911
equipment
Page 42
3X-4 Contract
with Florida Commission on Community Service for Citizen Corps program
initiatives
3X-5 Receive
and file amendment to contract with Phamatech, Inc. to provide drug-testing
services
AA. PALM TRAN
Page 43
3AA-1 Resolution approving a Public Transportation
Grant Agreement with the State of Florida Department of Transportation for
fixed route services in the Lake Region area
3AA-2 Resolution approving a Public Transportation
Grant Agreement with the State of Florida Department of Transportation for
fixed route services in the Lake Region area
Page 44
3AA-3 Resolution approving a Public Transportation
Grant Agreement with the State of Florida Department of Transportation for flex
service in the Lake Region area
3AA-4 Filing of FY2017 electronic Grant Application
with the Federal Transit Administration for Emergency Relief funds
Page 45
3AA-5 Agreement with Lakes of Delray, Inc. for
transportation services on all Palm Tran fixed routes 70, 81 and 88
BB. YOUTH SERVICES
Page 45
3BB-1 Contract with Digital Vibez, Inc. for Fitness
Jamz Program Family Night events
JANUARY 15, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. INTERNAL AUDIT
Page 45
3CC-1 Receive and file Audit recommendation status
follow-up report as of November 15, 2018
Page 46
3CC-2 Appointment to the Internal Audit Committee
DD. SHERIFF
Page 46
3DD-1 Receive and file amendment to the Memorandum of
Agreement with the Early Learning Coalition of Palm Beach County
3DD-2 Accept a Federally-Funded Subgrant Agreement
for a FY19 State Homeland Security Grant
Page 47
3DD-3 Budget transfer from the Law Enforcement Trust
Fund to various agencies to help support drug education
Page 48
3DD-4 Budget transfer from the Law Enforcement Trust
Fund for the FY2019 match for the 2017 COPS Hiring Program grant
PUBLIC HEARINGS – 9:30 A.M.
A. ENGINEERING & PUBLIC WORKS
Page 49
4A-1 Reserve a drainage easement over property on
Linton Boulevard
B. PARKS & RECREATION
Page 50
4B-1 Ordinance
amending the Palm Beach County Code pertaining to parks and recreation
C. PALM TRAN
Page 51
4C-1 Resolution
approving the signing and submission of the Section 5310 grant application
related to mobility of seniors and individuals with disabilities
D. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET
Page 51
4D-1 Ordinance
amending the Palm Beach County Unified Land Development Code concerning
countywide impact fee amount and certain benefit zones
REGULAR AGENDA
A. ADMINISTRATION
Page 52
5A-1 Pre-registration
of the County in the “SolarTogether” program offered by Florida Power and Light
Page 53
5A-2 Establishment
of the 2020 Census Complete Count Committee
5A-3 Interlocal
Agreement with the Health Care District of Palm Beach County relating to the
Addiction Stabilization Center
B. FACILITIES DEVELOPMENT AND OPERATIONS
Page 54
5B-1 Resolution
authorizing extension of lease agreement with LJL Food Management, Inc.
Page 55
5B-2 Concessionaire
Lease Agreement with Rick Macci Academy, Inc. for the operation of a tennis,
racquetball and pro shop at Burt Aaronson South County Regional Park
JANUARY 15, 2019
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
C. PUBLIC SAFETY
Page 55
5C-1 Resolution
repealing and replacing Resolution 2014-1097 to expand the use of the Victims
of Crime Emergency Support Fund
Page 56
5C-2 Ordinance
amending the Palm Beach County Code related to the Palm Beach County Home
Caregiver Ordinance
D. HOUSING AND ECONOMIC SUSTAINABILITY
Page 57
5D-1 Economic
Development Incentive Grant Agreement with MobileHelp, LLC
Page 58
5D-2 Impact
Fee Affordable Housing Assistance Program funding to the Community Land Trust
of Palm Beach County, Inc. for the Kirk Road Homes project
Page 59
5D-3 HOME Investment Partnerships Program funding
award to Isles of Pahokee II, LLC
BOARD
APPOINTMENTS
Page 60
6A-1 Reappointment
and appointment to the Health Facilities Authority
ADJOURNMENT (Page 61)
JANUARY 15, 2019
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation
declaring January 2019 as Mentoring Awareness Month in Palm Beach County
(Sponsored by Mayor Bernard)
2. Proclamation
declaring January 2019 as Human Trafficking Awareness Month in Palm Beach
County (Sponsored by Commissioner McKinlay)
3. Proclamation
declaring January 26, 2019 as Susan G. Komen Race for the Cure Day in Palm
Beach County (Sponsored by Mayor Bernard)
4. Proclamation
declaring April 1, 2020 as Census Day in Palm Beach County (Sponsored by
Vice-Mayor Kerner)
5. Proclamation
declaring January 2019 as Dr. Martin Luther King Jr. Coordinating Committee
Month in Palm Beach County (Sponsored by Commissioner Weiss)
6. Proclamation
Recognizing Volunteers Who Helped Pass Florida Amendment 4 (Sponsored by Mayor
Bernard)
* * * * * * * * * * * *
JANUARY 15, 2019
2D. STAFF COMMENTS
1. ADMINISTRATION
COMMENTS
Staff recommends
motion to receive and file: the updated Board Directive Reports which
include in process and completed board directive items. SUMMARY: At the
February 6, 2018 Board of County Commissioners Meeting, direction was given to
the County Administrator to bring back as a receive and file once a month a
status report of the board directives to date.
The categories of the board directives have been revised to now reflect
two groups: 1) In Process and 2) Completed. The report continues to
be updated on an on-going basis. Countywide
(DN)
2. COUNTY
ATTORNEY
JANUARY 15, 2019
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
Request for off-site presentation of
Certificate of Congratulations to Telica Abrams-Cunningham
District 7 – COMMISSIONER MACK BERNARD,
MAYOR
JANUARY 15, 2019
A. ADMINISTRATION
1. Staff recommends
motion to approve: an
Indian Trail Improvement District (ITID) appointment to the Water Resources
Task Force for the remainder of a full three year term commencing January 15,
2019 and ending September 30, 2019.
Seat No.
Appointment Seat
Requirement Nominated
By Term Ending
14 Michael Johnson Member
ITID 09/30/19
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 13 Task Force members and seven alternatives is as follows: 19
Caucasian (95%) and one African-American (5%). The gender ratio (female:male)
is 6:14. The ITID appointee is a Caucasian male. Six alternate seats and the
water and/or wastewater provider or utility official 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: the appointment of one individual to the Health
Council of Southeast Florida, Inc. for a two year term beginning January 15,
2019 and ending September 30, 2021:
Reappoint Seat
No. Seat
Requirement Nominated
By Mario Dickerson 10 Health Care
Purchaser Mayor Bernard
Comm.
Valeche
Comm. Weiss
Comm.
Weinroth
Comm.
McKinlay
Vice-Mayor
Kerner
SUMMARY: The Health
Council of Southeast Florida, Inc. (Council) is a not-for-profit corporation
established pursuant to Section 408.033, Florida Statutes, for the purpose of
providing and coordinating health planning activities within Palm Beach,
Martin, St. Lucie, Indian River and Okeechobee Counties. The Council consists
of 12 members: six representatives for
Palm Beach County; two members appointed by Martin County; two members
appointed by St. Lucie County; one member appointed by Indian River County; and
one member appointed by Okeechobee County.
The appointees must be representatives of health care providers, health
care purchasers, and non-governmental health care consumers, not to exclude
elected government officials. A memo
dated December 17, 2018 was circulated to the Board of County Commissioners
requesting support of Mr. Dickerson’s appointment or requesting additional nominations.
No additional nominations were received. With this appointment, the diversity
of the Palm Beach County representatives (6) include two Caucasian females, two
African-American males, and two vacant positions (two health care consumers). Countywide
(HH)
JANUARY 15, 2019
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
Child Care Facilities Board October 2, 2018
Comprehensive Plan October 31, 2018
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to:
A) review for sufficiency Report of County Officials
Bonds dated January 2019; and
B) receive and file Report of County
Officials Bonds dated January 2019.
SUMMARY: Ordinance No. 98-51 sets the various bond amounts for specified county
officers and provides for examination of the sufficiency of all the bonds at
the regular meeting of the Board of County Commissioners in January and June of
each year. Countywide (DB)
5. Staff recommends
motion to receive and file: annual financial reports, excess fees and
unexpended budget for Fiscal Year 2017-2018,
for the Clerk & Comptroller, Tax Collector, and Property Appraiser. SUMMARY:
The financial reports of these Constitutional Officers were submitted to
the Office of the Clerk & Comptroller on or before October
31, 2018, in accordance with F.S. 218.36. The amounts shown for the Tax Collector and
the Property Appraiser represent the total payment to the County. A portion of these revenues are budgeted in
the Library, Fire-Rescue, and various other special revenue funds. The amounts shown as additional/decrease in excess fees
will be included in the adjustment for additional balances brought forward,
which will be brought to the Board of County Commissioners in March 2019.
Countywide (DB)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a
second amendment to the annual pathway contract R2018-0012, Project No.
2017055, dated January 23, 2018, with Wynn & Sons Environmental
Construction Co., Inc. (Wynn & Sons), to extend the expiration date from
January 22, 2019 to July 22, 2019. SUMMARY: Approval of this second
amendment will extend the expiration date from January 22, 2019 to July 22,
2019. The Palm Beach County Small
Business Enterprise (SBE) goal for all contracts is 15%. Wynn & Sons’
overall contract SBE goal is 80%. To
date, tasks in the amount of $3,708,663 have been authorized. As an SBE, the
majority of Wynn & Sons’ work is self-performed. This is the first six
month extension of an allowable 24 month extension under this contract.
After the 24 months extension, the contract will need to be resolicited. This
six month contract extension, from January 22, 2019 to July 22, 2019, is less
than the one year extension which is normally approved for annual contracts,
but will provide staff with sufficient time to amend the contract to
incorporate the requirements of the new Equal Business Opportunity Ordinance. Countywide (LBH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve: a tri-party interlocal agreement and
temporary construction easement (TCE) with the East Central Regional Wastewater
Treatment Facilities Operation Board (ECR) and its agent, the City of West Palm
Beach, to allow Palm Beach County (County) to construct a new access road
within the East Central Regional Wastewater Treatment Facility (ECRF) property.
SUMMARY: Approval of this interlocal agreement and TCE
will allow the County to construct the new ECR access road within the ECRF
property. The County is constructing roadway and drainage improvements to widen
Roebuck Road from east of Jog Road to east of Haverhill Road from its existing
2-lanes to a 4-lane divided roadway (Project). The Project requires the removal
and relocation of the existing access road to the ECRF. Upon completion of the Project, ECR will own
and maintain the access road within the ECRF. Districts 2 & 7 (LBH)
3. Staff recommends
motion to approve: Work Order 2018051-1 in the amount of $425,000 to mill and resurface
Pinehurst Drive from Lake Worth Road to Forest Hill Boulevard utilizing Palm
Beach County’s annual asphalt milling and resurfacing contract R2018-1533 with
Ranger Construction Industries, Inc. (Ranger).
SUMMARY: Approval of this work order will allow the contractual
services necessary to construct the improvements. On October 16, 2018, the
Board of County Commissioners (BCC) approved the contract with Ranger to
provide milling and resurfacing of County roadways for countywide projects. Per
County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff
approvals of work orders to annual contracts, thus requiring approval from the
BCC. This will be the first work order issued under this Ranger contract. The
Small Business Enterprise (SBE) goal for all contracts is 15%. The SBE
participation proposed by Ranger for this work order is 15%. Approval of this
work order will result in a cumulative SBE participation of 15% for all the
work orders issued under the contract. This
project is funded through the infrastructure sales tax. District 2 (LBH)
4. Staff recommends
motion to adopt: a resolution to approve recordation and filing of a
maintenance map for Palm Beach County (County) certifying that the County
streets designated as Aladdin Avenue, Barkis Avenue and Coelebs Avenue
(Streets) have been maintained or repaired continuously and uninterrupted by
the County for more than four years and that the drainage infrastructure
associated with these Streets, lying in Section 19, Township 45 South, Range 43
East, (Drainage Easement) has vested in the County. SUMMARY: Adoption
of this resolution will confirm that in accordance with Section 95.361(1),
Florida Statutes, which provides that upon four years of continuous and
uninterrupted maintenance or repair of the Streets, the Drainage Easement for
the appurtenant drainage has vested in the County as shown in a maintenance map
being filed with the Clerk of the Circuit Court. The Road and Bridge Division director has
certified the limits of maintenance on the maintenance map. District
3 (LBH)
5. Staff recommends
motion to approve: an interlocal
agreement (Agreement) with the City of West Palm Beach (City) for future
payment for utility relocation associated with the development of Fire Station
No. 8 located at 10965 Northlake Boulevard. SUMMARY: Approval of this Agreement will allow the
City to convey right-of-way (ROW) for Northlake Boulevard to Palm Beach County
(County) which is required to be free and clear of all encumbrances. However, AT&T Corp. (AT&T) currently
has underground fiber optic utility lines located within the ROW. The City,
with this agreement, commits to pay the County up to $78,000 if, and when, the
County requires AT&T to relocate the existing lines on or before June 30,
2038. Districts 1 & 6 (LBH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve:
A) the second amendment to the Intersection
Improvements Annual Contract (Contract) R2017-0778 with Network
Engineering Services, Inc. d/b/a Bolton Perez & Associates, Inc. (BPA), to
update language in sections 7.1, 9, 12, and 20; and
B) a task order to the Contract with BPA in the amount of $150,228.06 for professional services for the Hypoluxo Road and Jog Road intersection
improvements (Project).
SUMMARY:
Approving the second amendment will update the language of the
termination section, criminal history records check section, commercial
non-discrimination section, and scrutinized companies section. This
solicitation for annual design professionals was advertised on November 13,
2016 and November 20, 2016, according to the SBE Ordinance in place at the
time, with final selection taking place on February 16, 2017. The prime consultant is a certified MWBE
utilizing two subconsultants that are SBE/MWBE. This consultant agreed to
provide 16% SBE participation and 0% M/WBE participation. This Annual Intersection Improvements contract
is scheduled for renewal by June 19, 2019, and will have the new EBO Ordinance
added at that time. to be compliant with current county requirements.
Approval of this task order will
provide the professional engineering services necessary for the preparation of design
plans and construction bid documents for the Project. The Project will provide
an additional westbound and eastbound through lane on the west side of the
intersection in addition to milling and resurfacing. The
Small Business Enterprise (SBE) goal for all contracts is 15%. BPA committed to
16% SBE participation for the Contract. BPA proposes 21.65% SBE participation
for this task order, and the overall SBE participation for this Contract is
29.45% and 78.34% MWBE (H). BPA is a Miami based company with an office
located in Palm Beach County. District 3 (LBH)
7. Staff recommends
motion to approve:
A) a County Incentive Grant Program (CIGP)
locally funded agreement in the amount of $5,457,897 with the State of Florida
Department of Transportation (FDOT) for the right-of-way acquisition of
SR-809/Military Trail at Forest Hill Boulevard (Project); and
B) a three party escrow agreement with FDOT and
the State of Florida Department of Financial Services, Division of Treasury, to
establish an escrow account for the right-of-way acquisition for the Project.
SUMMARY: Approval of this CIGP agreement will
authorize a total payment of $5,457,897 to FDOT to be held in escrow and
distributed as follows: the first
payment of $1,137,120 is to be paid within 30 days of execution of this CIGP
agreement, the second payment of $330,086 will be made no later than October
31, 2019 and the third payment of $3,990,691 will be made no later than October
31, 2020. The payments are for Palm Beach County’s (County) 50% share of the
right-of-way acquisition for the Project, which has an estimated total cost of
$10,915,794. If total costs exceed this
amount, the excess amount will be paid equally by FDOT and the County. The
Project’s right-of-way acquisition will be performed by FDOT. The FDOT will acquire all right-of-way
parcels necessary for the construction of turn lane improvements on all
approaches of the intersection of SR-809/Military Trail and Forest Hill
Boulevard. The Board of County Commissioners approved a locally funded
agreement and three party escrow agreement for the design phase of the Project
on March 14, 2017 as R2017-0244 and R2017-0245.
Approval of the escrow agreement will allow County funds to be deposited
into an escrow account that has been established by FDOT for the Project. Districts
2 & 3 (LBH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a settlement
agreement, inclusive of attorney’s fees and costs, in the total amount of
$137,500 in the personal injury action styled Karen Williams vs. Palm Beach
County, Case No. 502017CA003587XXXXMB AK. SUMMARY: On September 3, 2015, while traveling on NW 1st
Avenue near the intersection of West Palm Beach Road in the City of South Bay,
Palm Beach County, a Palm Beach County Water Utilities driver caused the truck
he was driving to collide with Plaintiff Karen Williams’ vehicle, resulting in
vehicular damage and bodily injury. Countywide
(RMF)
2. Staff recommends
motion to approve: a settlement
agreement, inclusive of attorney’s fees and costs, in the total amount of
$105,000 in the personal injury action styled Travon Mitchell vs. Palm Beach
County Board of County Commissioners, Case No. 502018CA002189XXXXMB
AF. SUMMARY: On July 11, 2017, on Gun Club Road, a Palm
Tran bus rear-ended a vehicle that had stopped at the red light at Congress
Avenue. As a result of the accident, Plaintiff Travon Mitchell suffered bodily
injury and incurred medical expenses. Countywide (RMF)
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) receive and file
a U.S. Department of Housing and Urban Development (HUD) FY 2017 Continuum of
Care (CoC) Program Grant Agreement No. FL0710L4D051700, for the period of
October 1, 2018 through September 30, 2019, in the amount of $153,758 to
provide funding for the coordination of activities related to ending
homelessness; and
B) ratify the signature of the Mayor on the Phase 36 Emergency Food
and Shelter Program (EFSP) Grant Application in the amount of $300,000 for
rental assistance for a grant period to be determined upon receipt of the
funding.
SUMMARY: The Palm Beach County CoC
Planning Project grant provides funding for the coordination and evaluation of
activities related to ending homelessness. These activities involve
coordination of monthly CoC and Sub-Committee meetings, homeless service system
performance evaluation, technical assistance and training, and annual
monitoring of all CoC and emergency shelter grant funded projects to ensure
performance outcomes and fiscal accountability. A 25% cash match of $38,440 is
required and is included in the FY 2019 budget. On October 17, 2017, the BCC
authorized the County Administrator, or designee, to execute agreements for
this purpose. The Emergency Food and Shelter National Board Program is a
restricted federal grant that provides EFSP funds. The award is administered
locally by the United Way of Palm Beach County, Inc. (United Way). On November
26, 2018, United Way released the Phase 36 EFSP Application. The Division of
Human and Veteran Services (DHVS) has received EFSP funds for the past 24
years. The DHVS has applied for funds in the amount of $300,000 to provide
rental assistance to families in need. During the last EFSP funding cycle 394
households were served, a 6% increase from the previous funding cycle. The EFSP funds are non-recurring funds and
no County match is required. The emergency signature process was utilized
because there was not sufficient time to submit the application through the
regular BCC agenda process. 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. (Division of Human and Veteran
Services) Countywide (HH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: the appointment of one member to the
Community Action Advisory Board, to complete a three year term effective
January 15, 2019 through September 30, 2019:
Seat No. |
Appointment |
Seat
Requirement |
Term Ending |
Nominated By |
1
Christina Lambert Public
Sector 09/30/19 Mayor
Bernard
Representative Vice
Mayor Kerner
Comm.
Valeche
Comm.
Weiss
Comm.
Weinroth
SUMMARY: The total membership for the Community Action Advisory Board (CAAB)
shall be no more than 15 at-large members, per Resolution No. R-2018-0372,
comprised of one-third elected public officials or their representatives,
one-third private sector members recommended by the CAAB and one-third
low-income representatives selected by a democratic process in the target
neighborhoods served. Members will fully participate in the planning,
implementation, and evaluation of the Community Services Block Grant program to
serve low-income communities. The resolution requires that CAAB members solicit
and recommend Public Sector member nominations for transmittal to the Board of
County Commissioners (BCC). The BCC was notified by a memo dated November 26,
2018, seeking nominations for the above at-large seat. Ms. Lambert meets all
applicable guidelines and requirements outlined in the resolution adopted by
the BCC on May 6, 2014. Ms. Lambert is the West Palm Beach City Commissioner
for District 5. Ms. Lambert will complete the term of Mr. Neering, who resigned
from the CAAB. The diversity count for the 12 seats that are currently filled
is African-American: 10 (83%), and Caucasian: 2 (17%). The gender ratio
(female: male) is 9:3. Ms. Lambert is Hispanic-American. Staff conducted
targeted outreach in an effort to proffer candidates for appointments that
maintain a diverse composition of the Board. (Community Action Program) Countywide (HH)
3. Staff recommends
motion to approve: a contract
for Provision of Financial Assistance with Gulfstream Goodwill Industries,
Inc., for the period October 1, 2018 through March 30, 2019, in an amount not
to exceed $50,000, for a variety of vocational training services. SUMMARY: These funds are provided by the
Community Services Block Grant (CSBG). Qualified clients must be residents of
Palm Beach County and meet the Federal Poverty Guidelines. A portion of CSBG
funds will be used to provide training for eligible participants. Gulfstream
Goodwill Industries, Inc. (Gulfstream Goodwill) will provide training and
employment services to eligible participants. Gulfstream Goodwill will assess
each participant to develop an employment and training Personal Development
Plan (PDP). Job readiness, skills training programs and support services will
be available to all participants. Since 2016, 210 clients completed vocational training
certifications and 231 clients obtained employment. Joshua Butler, an employee
of Gulfstream Goodwill is a member of the Homeless Advisory Board (HAB). The
HAB provides no regulation, oversight, management, or policy-setting
recommendations regarding the agency listed above. Disclosure of this
contractual relationship at a duly noticed public meeting is being provided in
accordance with the provisions of Section 2-443, of the Palm Beach County Code
of Ethics. No County funds are required. (Community Action Program) Countywide
(HH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to:
A) ratify
the signature of the Mayor on Modification No. 4 to the Florida Department of
Economic Opportunity Federal Fiscal Year (FFY) 2017 Low-Income Home Energy
Assistance Program (LIHEAP) Federally Funded Subgrant Agreement No.
17EA-0F-10-60-01-023 (R2017-0996) with the State of Florida Department of
Economic Opportunity, for the period April 1, 2017 through September 30, 2020,
to increase the funding by $1,298,143 for a new total amount not to exceed
$7,643,949, to provide energy payment assistance to approximately 13,000
unduplicated low-income households residing in Palm Beach County; and
B) approve a budget amendment of $1,298,143 in the LIHEAP fund to
align the budget to the actual grant award.
SUMMARY: Modification No. 4 to the FFY
2017 LIHEAP Federally Funded Subgrant Agreement No. 17EA-0F-10-60-01-023
enables the Community Action Program (CAP) to provide assistance to
approximately 13,000 unduplicated low-income households over the grant period with
energy bills and crisis assistance to prevent service disconnection and to restore
utility services. The emergency
signature process was utilized because there was not sufficient time to submit
the subgrant agreement through the regular BCC agenda process. No County
funds are required. (Community
Action Program) Countywide (HH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: a license
agreement with Avis Budget Car Rental, LLC (Avis), commencing December 1, 2018,
terminating December 31, 2018 (Initial Term), and automatically renewing on a
month-to-month basis thereafter but not beyond November 30, 2019, providing for
the use of 149,257 square feet of paved parking at 2401 Turnage Boulevard for
the parking of vehicles in connection with Avis’ car rental operations at the
Palm Beach International Airport and the payment of license fees in the amount
of $8,706.66 for the Initial Term. SUMMARY: Avis operates at PBI under an Agreement for
Rental Car Lease and Concession and requires a paved area for overflow parking
of their rental cars. The license agreement
allows Avis to utilize a paved area for that purpose. Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R2007-2070. Countywide
(AH)
2. Staff recommends
motion to receive and file: five
Consent to Sublease (Consent) documents for Atlantic Aviation West Palm Beach
LLC d/b/a Atlantic Aviation PBI (Atlantic) for Palm Beach International Airport
(PBI).
1. Consent for Atlantic and Moorland
Promontory LLC, effective 11/15/2018.
2. Consent for Atlantic and Intrepid Production Holdings LLC c/o Airmax, effective
12/1/2018.
3. Consent for Atlantic and Lone Mountain Aircraft Management, LLC,
effective 10/1/2018.
4. Consent for Atlantic and
Joseph H. Howley, effective 10/1/12018.
5. Consent for Atlantic and
Rory McIlroy Enterprises, Inc. c/o Zenflight, effective 8/1/18.
SUMMARY: Atlantic provides fixed based
operator services for general aviation aircraft at the PBI pursuant to a Lease
Agreement dated October 18, 2000 (R2000-1067), as amended. The lease agreement
provides for the sublease of space subject to the County’s consent. Delegation of authority for execution of the standard County agreements
above was approved by the BCC in R94-1453. Countywide (AH)
3. Staff recommends
motion to approve:
A)
Change Order No. 9 to
the contract with West Construction, Inc. in the amount of $176,192.09
for the Southside Redevelopment Program Phase 1 and 2 project at Palm Beach
County Park (Lantana) Airport; and
B)
a budget transfer of $176,192 in the Airport’s Improvement and
Development Fund to provide budget for West Construction, Inc. Change Order No.
9; including a transfer from reserves of $176,192.
SUMMARY: The contract
with West Construction, Inc. for the Southside Redevelopment Program Phase 1
and 2 project at Lantana Airport in the amount of $6,353,448.52 and 390 calendar
days was approved by the Board on July 11, 2017 (R2017-0935). Change
Orders 1-8 in the amount of $200,682.30 and 209 calendar days were approved
under the delegated authorities detailed in PPM CW-F-050. Approval of
Change Order No. 9 in the amount of $176,192.09 will increase the contract to
$6,730,322.91. Scope of work included in this change order is primarily
to install a 1,000-gallon oil water separator and trench drain modifications
required during agency review comments. The contract time may be addressed if
needed in a future change order once the impacts are determined following
approval of the change order. The Disadvantaged Business Enterprise (DBE)
Goal for this project was established at 11%. West Construction, Inc.
committed to 11.85% participation. The DBE to date participation for this
contract is 2.83%. The DBE participation is primarily in later phases of
this contract. DBE participation for this change order is 2.57%. Countywide (AH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff
recommends motion to receive and file:
an extension of time to the Joint Participation Agreement (JPA) with
the Florida Department of Transportation (FDOT) to construct hangars at Palm
Beach County Glades Airport (PHK), Financial Project Number 431031-1-94-01
approved by the Board on December 20, 2016 (R2016-1868 and R2016-1869), until
June 30, 2020. SUMMARY: Delegation
of authority for execution of the above extension of time to the JPA with the
FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide
(AH)
5. Staff recommends motion to:
A) adopt a resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with
the Florida Department of Transportation (FDOT) increasing the original
FDOT funding share by an additional $1,100,000 and revising the total cost of
the project for hangars and infrastructure at Palm Beach County Glades Airport
(PHK). The grant expiration date is
December 31, 2020; and
B) approve a budget amendment of
$1,100,000 in the Airport’s Improvement and Development Fund to recognize the
receipt of a grant from the FDOT, and increase the project cost by $1,375,000; which
includes a transfer from reserves of $275,000.
SUMMARY: On December
5, 2017 the BCC adopted a resolution (R2017-1786 and R2017-1787) approving a
Joint Participation Agreement (JPA) with the FDOT in the amount of $500,000 or 80% of the
eligible project costs, whichever is less, for hangars and infrastructure at
PHK under a multi-year funding plan. The
FDOT has issued SJPA Number 1 as part of the second year funding, increasing
the original funding share by an additional $1,100,000 for a revised FDOT
participation of $1,600,000 bringing the revised total cost of the project to
$2,000,000. The County’s current local share for this project is $275,000 to
provide the mandatory match. Countywide (AH)
6. Staff recommends
motion to:
A) adopt a resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with
the Florida Department of Transportation (FDOT) increasing the original
FDOT funding share by an additional $1,620,000 and revising the total cost of
the project to Construct Additional Tie-Down/Transient Apron at North Palm Beach
County General Aviation Airport (F45).
The grant expiration date is December 31, 2020; and
B) approve a budget amendment of $1,620,000 in the Airport’s
Improvement and Development Fund to recognize the receipt of a grant from the
FDOT, and increase the project cost by $2,025,000; which includes a transfer
from reserves of $405,000.
SUMMARY: On
February 6, 2018, the BCC adopted a resolution (R2018-0153 and R2018-0154)
approving a Joint Participation Agreement (JPA) with the FDOT in the amount
of $1,500,000 or 80% of the eligible project costs, whichever is less, to
Construct Additional Tie-Down/Transient Apron at F45 under a multi-year funding
plan. The FDOT has issued SJPA Number 1
as part of the second year funding, increasing the original funding share by an
additional $1,620,000 for a revised FDOT participation of $3,120,000 bringing
the revised total cost of the project to $3,900.000. The
County’s current local share for this project is $405,000 to provide the
mandatory match. Countywide (AH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. Staff recommends
motion to approve: the Construction Manager (CM) at Risk contract with The
Morganti Group, Inc. (Morganti) for a term of two years with three one-year
renewal options for CM at Risk Services for Airport Improvements for Palm Beach
County Department of Airports. SUMMARY: In
order to complete certain capital improvement projects at the County’s four airports,
the Department of Airports (Department) requires a CM at Risk contractor to
provide preconstruction and construction services, which include conducting the
procurement process for assigned tasks/work orders, project management and
construction supervision. Morganti was
one of two firms selected to provide these services. Morganti has proposed teaming with Cooper
Construction Management and Consulting, Inc. (Cooper), as its Disadvantaged
Business Enterprise (DBE) partner, to provide DBE outreach for assigned
tasks/work orders, project management and construction supervision services in
an amount not less than 12% of the fees paid by the County for such services in
connection with this contract. Projects
to be assigned under this contract may include the Terminal Federal Inspection
Service (FIS) Facility Expansion at Palm Beach International Airport (PBI),
Concourse Expansion (PBI), Escalator and Elevator Replacement (PBI), Third
Level Flooring Phase 2 (PBI), 400Hz and Electrical Switchgear Replacement
(PBI), Aircraft Rescue and Fire Fighting (ARFF) Facility Improvements (PBI),
Hangar and Infrastructure at the General Aviation Airports, along with
Miscellaneous Airport Apron, Taxiway or Roadway Improvements at any of the four
airport facilities. The services under
this contract are task/work order based.
The specific projects that will be assigned under this contract will be
determined at a later date and approved in accordance with PPM CW-F-050 with
the appropriate bonds and insurance documents. Morganti is based in Danbury,
Connecticut; however, the work will be directly managed by its southeast
regional office in Palm Beach County. A
DBE goal of 12% was established for this contract. Morganti will be required to demonstrate its
good faith efforts to achieve the established DBE goal for each of the
tasks/work orders assigned under this contract, in addition to the services
provided by Cooper. Countywide (AH)
8. Staff recommends
motion to approve: the third amendment (Amendment) to Airport Ground
Transportation Concession Agreement (Agreement) (R2015-0776) with SE Florida
Transportation, LLC (SEFT), a Florida limited liability company, providing for
reduction in concession fees to the greater of a minimum annual guarantee (MAG)
of $210,000 or a per capita charge of $0.065 per deplaned/arriving passenger. SUMMARY:
SEFT provides on-demand taxi, sedan and shared-ride services to passengers
at the Palm Beach International Airport (PBI).
The number of deplaned passengers at PBI has increased, but the number
of ground transportation trips continues to decline due in large part to the
increased use of transportation network company (TNC) services. Due to the declining number of non-TNC trips
at PBI, drivers for both SEFT, and its Airport Concession Disadvantaged
Business Enterprise partner, Imperial Transportation, P.B.C., Inc. (Imperial),
have requested reductions in the weekly fees the drivers pay to the companies
for use of vehicles, dispatch services, equipment and other related costs. The
Amendment provides for a reduction in the per capita charge from $0.08 to
$0.065. The MAG is reduced to $210,000 from $240,000; however, it is
anticipated that the per capita charge will exceed the MAG. Based on an estimated 3.3 million
deplanements, the reduction in per capita charge is anticipated to be
approximately $50,000 per year to the County, which SEFT and Imperial have
agreed to pass-thru directly to the drivers in the form of reduced fees. SEFT has also agreed to a permanent reduction
in driver fees from July through September of each year at a cost to SEFT of
approximately $60,000 per year in order to further mitigate the reduced number
of ground transportation trips during the slower summer months. Drivers for SEFT will receive an average
reduction of approximately $1,300 per year, and drivers for Imperial will
receive an average reduction of $520 per year.
Actual reductions will vary based on the mode of transportation provided
and the number of weeks services are provided by individual drivers. Increased
TNC trip volume is anticipated to mitigate revenue declines caused by this
Amendment. Countywide (AH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff recommends
motion to receive and file: two
Consent to Sublease (Consent) documents for Jet Aviation Associates, Ltd. (Jet
Aviation), for Palm Beach International Airport (PBI).
1. Consent for Jet Aviation and
Clay Lacy Aviation, effective 10/1/2018.
2. Consent for Jet Aviation
and Jet Genius Holdings, Inc., effective 11/12/2018.
SUMMARY: Jet Aviation provides fixed
based operator services at PBI pursuant to a lease agreement (R99-2239) with
the County. The lease agreement provides for the sublease of space subject to
the County’s consent. Delegation of authority for execution of the standard County agreements
above was approved by the BCC in R94-1453.
Countywide (AH)
10. Staff recommends
motion to:
A) adopt a resolution approving a Public
Transportation Grant Agreement (PTGA) with
the Florida Department of Transportation (FDOT) in the amount of
$600,000 for Perimeter Fence Improvements at Palm Beach County Park Airport
(Lantana Airport). This PTGA will become
effective upon final execution by the FDOT with an expiration date of December
31, 2020; and
B) approve a budget amendment
of $600,000 in the Airport’s Improvement and Development Fund to recognize the
receipt of a grant from the FDOT, and budget additional project costs of
$600,000 for a total project cost of $750,000. There is $150,000 in the current
FY 2019 budget.
SUMMARY: The FDOT has issued a
PTGA reflecting their commitment of funding to the above referenced project in
the amount of $600,000 or 80% of the eligible project costs, whichever is less. Airport local funding
in the amount of $150,000 is also
available for a total project cost of $750,000. Countywide (AH)
11. Staff recommends
motion to approve: third amendment
(Amendment) to Fixed Base Operator Lease Agreement (Agreement) with Piedmont
Hawthorne Aviation, LLC, d/b/a Signature Flight Support (Signature), a Delaware
limited liability company, exercising the option to extend the Agreement for
five years, deleting Exhibit “E”, authorizing the use of a standard form
sublease, and updating the construction requirement procedures and Notice
provisions. SUMMARY: Under the
Agreement (R2010-1109), Signature leases facilities at the North County
General Aviation Airport (F45) and the Palm Beach County Glades Airport
(PHK). The Amendment exercises the
Agreement’s option to extend the term for an additional five years, commencing
September 1, 2020, and terminating August 31, 2025. The Amendment also deletes
Exhibit “E” as the required improvements have been completed, authorizes
Signature to use a standard form sublease, updates the construction
requirements procedures and Notice provisions and includes the new standard
County provision for scrutinized companies. Countywide (HF)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: financial
statements from the Florida Development Finance Corporation. SUMMARY: The
Florida Development Finance Corporation has submitted their financial
statements as per Section 288.9610, Florida Statutes. Countywide (DB)
2. Staff recommends
motion to approve: the appointment of Paul F. King, Esq. to the
Contract Review Committee (CRC).
Nominee Seat No. Nominated
By
Paul F.
King 4 Commissioner McKinlay
Vice Mayor Kerner
SUMMARY: On
December 6, 2011, the Board of County Commissioners voted to add an At-Large
appointee to the CRC. The Board directed that the new member be a
representative from the community with general contracting experience, or an
attorney experienced in construction law. The Honorable Robert S. Kleinberg
formerly held this seat and elected not to be re-appointed. Staff previously
notified the Board as to the vacancy and we have attempted to fill the seat for
more than a year. Retired Assistant County Attorney Paul F. King, Esq. has come
forward and has shown interest in serving in this capacity. Mr. King was an
Assistant County Attorney for 26 years, and has experience with the CRC. The
term of this seat expires on September 20, 2021. Countywide (DB)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to:
A) approve a State of Florida – Hazard Mitigation Grant Program (HMGP) Application
for Federal Emergency Management Agency (FEMA Region IV) funding in the amount
of $776,754 for removal of skylights and replacement with a permanent hardened
roof at the Judge Robert T.K. Hurley Courthouse; and
B) authorize the County Administrator, or designee, to sign all future time
extensions, task assignments,
certifications, any/all other forms associated with this grant, and any
necessary minor amendments that do not change the scope of work, terms or
conditions of this grant.
SUMMARY: The Palm Beach County Local
Mitigation Strategy (LMS) Working Group approved and prioritized this hazard
mitigation project funding. The total
estimated project cost is $1,136,265, with $1,035,672 being eligible for
inclusion in the HMGP application. Of
that eligible amount, $776,754 (75%) would come from the HMGP award and the
remaining $258,918 (25%) would be required as a County match. The purpose of the project is to replace
skylights that were installed at the time of original construction in 1995, and
that failed to prevent water intrusion during Hurricane Irma in 2017, with a
permanent hardened roof solution to preclude a repeat occurrence, protect the
facility against damage, and preserve continuity of operations. The County’s
share will come from existing funds within the Public Building Improvement Fund
(Ad Valorem). (FDO Admin) District
7 (LDC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: a license agreement (Agreement) with the School
Board of Palm Beach County (School Board) for use of the County’s courthouse
facilities for Youth Court programming from January 15, 2019 through January
14, 2024. SUMMARY: This Agreement will allow the School Board to
continue to utilize the County’s courthouse facilities for Youth Court. The specific dates of each use, the
courthouse and the courtroom to be used will be scheduled by the School Board
on a Youth Court Calendar and delivered to the Court Services Division of the
Palm Beach County Sheriff’s Office (PBSO) and the County Facilities Development
& Operations Department (FDO) up to three months in advance. Each use will occur between 5:00PM and 9:00PM
and is subject to the General Conditions of Use attached to the Agreement as
well as PBSO approval of the Youth Court calendar, which approval may include
special conditions such as additional security, time and/or duration
modifications, courtroom changes or payment for out of pocket expenses. There
is no fee for the use of the Courthouse facilities; however, the School Board
is responsible for compensating the County for any repairs, cleaning or
services required to restore the facility to its pre-use condition. The term of the Agreement is for five years
with two renewal options, each for a period of five years; and the County
reserves the right to revoke the Agreement for any reason whatsoever upon 15
days notice. Additionally, the County
reserves the right to cancel a Youth Court event with as much advance notice as
reasonably practicable if: 1) the County determines that a weather related
situation requires cancellation, 2) a state of emergency has been declared in
Palm Beach County, 3) the Courthouse facility is damaged, requires repair or is
required for other uses as determined by County, or 4) for other good cause as
determined in the County’s sole discretion.
The School Board is solely responsible for providing supervision,
security and oversight of all participants, invitees and guests for each use of
the facilities. (FDO) Countywide (LDC)
3. Staff recommends
motion to approve: Mortgagee’s
Joinder and Consent of the Kravis Center replat pursuant to the mortgage by The
Raymond F. Kravis Center for the Performing Arts, Inc. (Center) dated December
6, 1989 (R89-1537-D) in favor of the City of West Palm Beach (City) and the
County. SUMMARY: The proposed
redevelopment of the Kravis Center requires the Kravis Center property be
replatted and a portion of the property be dedicated as road right-of-way. The
County contributed $10,000,000 to the development and construction of the
Kravis Center and has a security interest in the property pursuant to the mortgage,
as affected by a Partial Release of Mortgage. The Center has requested that the
County execute the Mortgagee’s Joinder and Consent as co-mortgagee to allow for
the approval of the replat and to provide for the subordination and consent of
two 10’ to 15’ (approximate) wide strips of land located along Okeechobee Boulevard
(.26 acres) and South Sapodilla Avenue (.15 acres), totaling .41 acres, as
right-of-way dedications. The consent is
being approved in support of the proposed redevelopment of the performing arts
facility. (PREM) District 7 (HJF)
4. Staff recommends
motion to approve: an Easement Agreement (Easement) in favor of the
Florida Inland Navigation District (FIND) at the County's Jupiter Beach Park
and Carlin Park in Jupiter. SUMMARY: This perpetual easement is for the
pumping, transmission and placement of beach compatible sand in connection with
FIND’s inlet dredging and the beach renourishment project within the County’s
Jupiter Beach Park and Carlin Park. This Easement allows the dredged material
from the inlet to be deposited along an approximately .86 mile stretch of beach
within the undeveloped beach front portion of the Jupiter Beach and Carlin
Park. The County will have the right to
terminate the Easement upon 12 months written notice to FIND. The Easement is
being granted to FIND at no charge, as it will provide beach renourishment to
the Parks. (PREM) District 1 (HJF)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: Amendment No.
1 with Cedars Electro-Mechanical, Inc. (R2018-1776) to extend the term from
January 13, 2019 through January 12, 2020 for the annual contract for heating,
ventilation and air conditioning (HVAC) services on a continuing contract
basis. SUMMARY: Amendment No. 1
extends the term of Cedars 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. This is the last renewal for this
contract. The work consists of HVAC
services associated with repairs, improvements and renovations to County
properties. Work is to be awarded as
work orders on a lump sum, competitively quoted basis among the pool of six
pre-qualified contractors. During the
first four years of these contracts, the County awarded $4,964,534 in work
orders. The annual HVAC contract is for
indefinite-quantity contracts with a maximum cumulative value of $8,500,000 for
the term. Current cumulative SBE
participation for all work orders to-date and among all six contractors is
72.46%. Cedars Electro-Mechanical, Inc. is a SBE, Palm Beach County business.
Cedars has received a letter advising that the EBO Ordinance became effective
on January 1, 2019 and all quotes/bids solicited after January 1, 2019 must
comply with its requirements. This HVAC
annual contract was scheduled for the Goal Setting Committee on January 2,
2019. (Capital Improvements) Countywide (LDC)
6. Staff recommends
motion to approve: Amendment No. 2 to five annual contracts extending
the term for one year for the period of January 19, 2019 through January 18,
2020 for asbestos consulting services on a continuing contract basis.
A) Airquest Environmental, Inc. (R2017-0412), Non-SBE/Local, 0% SBE
participation to date;
B) ECO Advisors, LLC. (R2017-0413), SBE/Local, 88.4% SBE participation to
date;
C) Gaudet Associates, Inc. (R2017-0414), SBE/Local 71.2% SBE participation
to date;
D) GLE Associates, Inc. (R2017-0415), Non-SBE/Non-Local, 0% SBE
participation to date; and
E) Professional Service Industries, Inc. (R2017-0417), Non-SBE/Local, 0% SBE
participation to date.
SUMMARY: In January, 2016, the School District of Palm Beach County performed
selection in accordance with the Consultants Competitive Negotiation Act, to
provide asbestos consulting services. The County piggybacked on the School
District’s contracts, as it was more efficient than the County performing its
own selection. The School District’s
contracts provided an initial term of two years, with three renewals options
each for a period of one year. Amendment
No. 2 extends the term of the contract services during the second renewal
period for one year from January 19, 2019 through January 18, 2020 based on the
past limited need for consultants with this expertise. Since 2016, the County
has awarded $350,037 in work among all consultants. Due to the projected ongoing need for these
services and the availability of SBE owned firms, staff is going to proceed
with a County solicitation pursuant to the EBO Ordinance. When the new contracts are awarded these will
be terminated. The cumulative SBE participation for all work orders to date is
32.8%. (Capital Improvements Division) Countywide (LDC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: amendments
to 17 annual Minor Construction contracts extending the term for one year from
February 3, 2019 through February 2, 2020 for minor construction services on a
continuing contract basis.
|
Contractor |
Original Contract Resolution |
Status |
Total dollars in Work Orders to-date |
Total SBE Participation To-date |
|
A) All-Site Construction Inc. |
R2015-0155 |
Local/MBE |
$1,038,493 |
61% |
|
B) Andrea Construction, Inc. |
R2015-0157 |
Local/SBE |
$2,089,343 |
44% |
|
C) ANZCO, Inc. |
R2015-0158 |
Local/SBE |
$1,362,691 |
41% |
|
D) Carrick Contracting Corporation |
R2017-0297 |
Local/Non-SBE |
$23,993 |
0% |
|
E) Cooper Construction Management
& Consulting, Inc. |
R2017-0298 |
Local/MBE |
$167,460 |
32% |
|
F) DCOTA Contracting, Inc. |
R2015-0161 |
Local/MBE |
$54,975 |
61% |
|
G) Green Building Construction Corp |
R2017-0299 |
Local/MBE |
$0 |
0% |
|
H) J. Rawn Enterprises, Inc. |
R2015-0165 |
Local/SBE |
$42,972 |
35% |
|
I) Joe Schmidt Construction, Inc. |
R2015-0164 |
Local/SBE |
$1,643,716 |
58% |
|
J) McTeague Construction Co., Inc. |
R2017-0301 |
Non-Local/Non-SBE |
$55,200 |
0% |
|
K) Newbold Construction, Inc. |
R2017-0809 |
Local/MBE |
$0 |
0% |
|
L) One Call Property Services, Inc. |
R2017-0302 |
Local/SBE |
$0 |
0% |
|
M) Ralph Della-Pietra Inc. |
R2015-0167 |
Local/SBE |
$422,680 |
22% |
|
N) Randolph Construction Group, Inc. |
R2017-1040 |
Local/MBE |
$14,670 |
100% |
|
O) RJS Construction Group, Inc |
R2017-0304 |
Local/Non-SBE |
$244,572 |
28% |
|
P) Robling Architecture Construction, Inc. |
R2015-0168 |
Local/SBE |
$173,302 |
85% |
|
Q) Thermal Concepts, Inc. |
R2017-0305 |
Non-Local/Non-SBE |
$0 |
0% |
SUMMARY: The
amendment extends the term of the contract for minor construction services for
one year through February 2, 2020. The Board approved the annual contract on
February 3, 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 $7,381,612 in work orders.
The cumulative SBE participation for all work
orders to-date is 53%. The annual
Minor Construction contract is for indefinite-quantity contracts with a maximum
cumulative value of $9,000,000 for the term.
Projects are bid among the pre-qualified participants and additional
firms may become prequalified at any time. Fifteen of the 17 contractors are
Palm Beach County businesses. Of the two
remaining contractors, one is based in Broward County and the other is based in
Martin County. The amendment includes 17
prequalified contractors with seven of the contractors being SBE certified and
six being MBE certified. Each of these
pre-qualified contractors have received a letter advising that the EBO
Ordinance became effective on January 1, 2019 and all quotes/bids solicited
after January 1, 2019 must comply with its requirements. These contracts were scheduled for Goal
Setting Committee on January 2, 2019. (Capital Improvements) Countywide
(LDC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive and file: the Notice of
Termination letter terminating the Job Growth Incentive Grant Agreement
(R2009-0949) with TBC Parent Holding Corporation, TBC Retail Group, Inc. and
TBC Shared Services, Inc. (collectively TBC). SUMMARY: On June 2, 2009,
the County entered into a Job Growth Incentive Grant Agreement (R2009-0949)
with TBC to provide up to $40,000 in local matching support under the State of
Florida Qualified Target Industry Tax Refund program. To date, the County
disbursed $30,800 in local matching support funds based on invoices submitted
by TBC. These disbursements were
contingent on full compliance with all stipulations and reporting requirements
specified in the Agreement. TBC has agreed to the termination of the Agreement
due to non-compliance and allowed the County to recover the $30,800 in grant
funds from TBC’s security deposit with the remaining balance of the security deposit
returned to TBC. The effective date of
the termination was May 11, 2018. District 1 (JB)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff
recommends motion to receive and file: documents executed in connection with a loan made to Shellco
Construction Corp., Simplified Inc., and Simplified Fabricators Inc. under the
Housing and Urban Development (HUD) Section 108 Loan Program as follows:
A) Palm Beach County Section 108 Loan Commitment
Letter, dated October 1, 2018, for $600,000;
B) Palm Beach County Section 108 Promissory Note, dated
October 31, 2018, for $600,000;
C) Palm Beach County Section 108 Loan Agreement, dated
October 31, 2018, for $600,000;
D) Palm Beach County Section 108 Loan Program
Agreement, dated October 31, 2018, for $600,000;
E) Palm Beach County Section 108 Security Agreement,
dated October 31, 2018;
F) Palm Beach County Section 108 Guaranty Agreement,
dated October 31, 2018;
G) Palm Beach County Section 108 Further Assurances and
Errors and Omissions Statement;
H) Collateral Security Mortgage Agreement, dated
October 31, 2018;
I) Intercreditor Agreement, dated October 31, 2018;
J) UCC-1 Financing Statement (Florida Secured
Transaction Registry)
K) Borrower’s Certificate (Incumbency and Resolutions)
– Shellco Construction Corp.
L) Borrower’s Certificate (Incumbency and Resolutions)
– Simplified Inc.
M) Borrower’s Certificate (Incumbency and Resolutions)
– Simplified Fabricators Inc.
N) Corporate Guarantor’s Certificate (Incumbency and
Resolutions) – Simplified Holdings, LLC
O) Opinion of Borrower Counsel for Section 108 Loan.
SUMMARY: The attached
documents have been executed on behalf of the Board of County Commissioners
(BCC) by the County Administrator, or designee, in accordance with Resolution
R2009-0725. The $600,000 working capital
loan will be used to support the business operations as a manufacturer of specialized
truck beds, including organization/storage equipment and accessories, for
commercial vehicles used in industries such as construction and
landscaping. The project will create 22
full time equivalent jobs over five years.
The HUD Section 108 Loan Program offers state and local governments the
availability of funding to support businesses by providing gap financing for
projects that promote business growth and create and retain jobs. To meet a HUD National Objective, at least 51
percent of the jobs created are made available to, or held by, Low-Moderate
income persons. In 2002, the BCC
approved the development and administration of the Palm Beach County Section
108 Loan Program as well as the incorporation of the County 108 Program into
the Palm Beach County Five-Year Consolidated Plan (R2002-0989 and
R2002-0990). The County’s loan-supported
projects have generated more than $98M in capital investments and created
almost 2,000 new jobs. Each dollar loaned by the County has been leveraged by
$3.66 in private investments. 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 funds which require no local match.
District 6 (JB)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to receive and file: documents
executed in connection with a loan made to Prestige Commercial Kitchen, Inc.,
under the Housing and Urban Development (HUD) Section 108 Loan Program as
follows:
A) Palm Beach County Section 108 Loan Commitment Letter, dated, October 31,
2018, for $373,000;
B) Palm Beach County Section 108 Promissory Note, dated, October 31, 2018,
for $373,000;
C) Palm Beach County Section 108 Loan Agreement, dated, October 31, 2018,
for $373,000;
D) Palm Beach County Section 108 Loan Program Agreement, dated, October 31,
2018, for $373,000;
E) Palm Beach County Section 108 Security Agreement, dated, October 31,
2018;
F) Palm Beach County Section 108 Guaranty Agreement, dated, October 31,
2018;
G) Palm Beach County Section 108 Further Assurances and Errors and Omissions
Statement;
H) UCC-1 Financing Statement (Florida Secured Transaction Registry);
I) Borrower’s Certificate (Incumbency and Resolutions);
J) Corporate Guarantor’s Certificate (Incumbency and Resolutions); and
K) Opinion of Borrower Counsel for Section 108 Loan.
SUMMARY: The attached documents have been executed on behalf of the Board of
County Commissioners (BCC) by the County Administrator, or designee, in
accordance with Resolution R2009-0725.
Prestige Commercial Kitchen is a rapidly growing installer and wholesale
supplier of commercial kitchens. Founded
in 2013 by Victor Ortiz and Adrian Silva, the company builds walk-in
coolers/freezers and installs commercial kitchens for customers including
hotels, casinos, restaurants, country clubs, and schools. Prestige Commercial Kitchen’s total project
cost is $1,719,190, consisting of a $373,000 Section 108 loan. The company expansion plans include
purchasing a building and new equipment.
The project will create 19 full time equivalent jobs over five
years. The HUD Section 108 Loan Program
offers state and local governments the availability of funding to support
businesses by providing gap financing for projects that promote business growth
and create and retain jobs. To meet a
HUD National Objective, at least 51 percent of the jobs created are made
available to, or held by, Low-Moderate income persons. In 2002, the BCC approved the development and
administration of the Palm Beach County Section 108 Loan Program as well as the
incorporation of the County 108 Program into the Palm Beach County Five-Year
Consolidated Plan (R2002-0989 and R2002-0990).
The County’s loan-supported projects have generated more than $98M in
capital investments and created almost 2,000 new jobs. Each dollar loaned by
the County has been leveraged by $3.66 in private investments. 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 funds
which require no local match. District 2 (JB)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends motion to approve: the reappointment
of three members to the Land Development Regulation Advisory Board (LDRAB), for
the term from February 6, 2019, to February 8, 2022.
Reappoint Seat # Seat Requirement Nominated
By
Terrence
Bailey 10 Public Works Director Florida Engineering Society
Derek Zeman 14 Land Surveyor Florida
Surveying & Mapping Society
Charles
Duane Drawdy 15 Commercial Builder AGC Florida East Coast Chapter
SUMMARY: The LDRAB is comprised of 18 members. The term
of office for Board members is three years, with a limit of three consecutive
three-year terms. Nine of the members shall be appointed by a majority of the
Board of County Commissioners (BCC) upon a recommendation by the following
organizations: Gold Coast Builders Association, League of Cities, Florida
Engineering Society, American Institute of Architects, Environmental
Organization, Realtors Association of the Palm Beaches, Florida Surveying and
Mapping Society, Associated General Contractors of America and The Palm Beach
County Planning Congress. Seven members will be appointed by the BCC; one from each
commissioner as a district appointment, with consideration of expertise stated
in Article 2. G.3. A.3.b. The BCC shall also appoint two at-large alternate
members, by a majority vote of the BCC with consideration of the expertise
noted above. Derek Zeman has disclosed that he is an officer of DPRM, Inc. that
contracts with the County. Charles Duane Drawdy has disclosed that he has an
ownership position in Drawdy Construction Company, Inc. that contracts with the
County. The LDRAB provides no
regulation, oversight, management, or policy-setting recommendations regarding
the subject contract(s). 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. The Board consists of
18 members, with 17 seats currently filled and a diversity count of Caucasian:
15 (88%), African-American: 1 (6%), Hispanic-American 1 (6%). The gender ratio
(male: female) is 13:4. Mr. Terrence Bailey is an African-American male, and
Mr. Zeman and Mr. Drawdy are Caucasian males. Staff will continue to address
the need to increase diversity on our boards. Unincorporated (LB)
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: executed
agreements received during the months of September and October 2018.
A) Standard Potable Water
and Wastewater Development Agreement with Lynx Zuckerman at Fort Myers, LLC,
SDA # 03-01041-000 (District 3), Recorded in OR BK 30182 PG 1229.
B) Standard Potable Water
and Wastewater Development Agreement with Divosta Homes, L.P., SDA #
02-01146-002 (District 6), Recorded in OR BK 30182 PG 1238.
C) Standard Potable Water
and Wastewater Development Agreement with Polo Trace Associates, LLLP, SDA
#03-01042-000 (District 5), Recorded in OR BK 30182 PG 1248.
SUMMARY: The documents have been fully executed on behalf
of the Board of County Commissioners (BCC) by the Director of the Water
Utilities Department (WUD) in accordance with Resolutions R93-1619, R96-0228,
and R2003-0539 and are now being submitted to the BCC to receive and file. In
accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants/procurement items must be submitted by the
initiating Department as a receive and file agenda item and are attached unless
the documents have been recorded in the Public Records of Palm Beach County. Countywide
(MJ)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve:
A) a contract for Optimization and Improvements
Design-Build Services with Globaltech, Inc.; and
B) a contract for Optimization and Improvements
Design-Build Services with Cardinal Contractors, Inc.
SUMMARY: These two contracts will
improve the County’s water, wastewater, and reclaimed water treatment and other
County facilities by providing Design-Build services for optimization, energy
efficiency, continuing compliance with regulatory requirements, safety,
security, sustainability, alternative water supply and replacement or repair of
critical components. The Design-Build
services will be for projects less than $2,000,000 of construction value. Work
Authorizations will be negotiated and issued in accordance with the standard
County procedures outlined in Countywide PPM CW-F-050. Each contract has a term
of three years. This
contract was procured under the requirements of the 2002 Small Business
Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the amended
Equal Business Ordinance on October 16, 2018. The SBE participation goal
established by the 2002 SBE Ordinance was 15% overall participation. Globaltech, Inc., has agreed to meet a
58% SBE goal which includes 12% MWBE participation, 10% MWBE (H) , 1% MWBE (B)
and 1% MWBE (O). Globaltech, Inc., is a local company and was a Certified SBE Company on the date of the selection committee
meeting. Cardinal Contractors, Inc., has agreed to meet or exceed a 31% SBE goal which
includes 21% MWBE participation, 16% MWBE (H) and 5% MWBE (O). Cardinal Contractors, Inc. is a local company. (WUD Project No. 18-031) Countywide (MJ)
3. Staff recommends
motion to accept: a
non-standard Utility Easement (Easement) granted by Congress Avenue Properties,
LTD., to the County on properties located within Blackbird Subdivision, Parcel
4 and Innovation Subdivision, Parcel 1. SUMMARY: The
proposed Easement is required at five separate locations over lands where the
Water Utilities Department (WUD) owned utilities are proposed to be
installed. The Easement will provide WUD
staff access to the property for operation and maintenance purposes. Congress
Avenue Properties, LTD., has requested modifications to the standard utility
easement language that require approval by the Board of County Commissioners.
The changes include the insertion of two additional paragraphs that state: (1)
Grantor reserves the right to use the easement areas for purposes that do not
necessarily interfere with Grantee’s use of the premises; and (2) Grantor
reserves the right to require the Grantee to relocate the easements at
Grantor’s expense. The process and responsibilities of each of the parties in
relocating any portion of easement and the underlying utilities are also
detailed within the Easement. (WUD Project 16-544) District 1 (MJ)
4. Staff recommends
motion to approve: a Subordination of Utility Interests to the State of
Florida Department of Transportation (FDOT). SUMMARY: On April 11, 2006, a
utility easement for public utility facilities associated with the extension of
the wastewater force main along Atlantic Avenue was granted to the County by
the then Property Owner. The utility easement was recorded in the
Official Records of Palm Beach County, ORB 20294, Page 438. The FDOT has an
interest in a portion of this utility easement that has been determined to be
necessary for highway purposes. The proposed use of these lands for highway
purposes will require subordination of the interest claimed in such lands by
the County to FDOT. FDOT has committed to pay to have the County’s facilities relocated
in the future if necessary. The Water Utilities Department has
determined that the subordination of utility interests will not affect any
existing public utility facilities and therefore recommends the subordination. District
5 (MJ)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve: Change
Order No. 2 with Gilmore Electric Company, Inc., for the Generator Lug Boxes at
Water Treatment Plants (WTPs) 2, 3, 8, 9 & Southern Region Operations
Center (SROC) (Project) in the amount of $127,363 with a 55-day time extension.
SUMMARY: On March 13, 2018, the
Board of County Commissioners (BCC) approved the contract for the Project (R2018-0290)
with Gilmore Electric Company, Inc. Change
Order No. 2 provides for revisions to the generator lug box locations, an
increase of $127,363 and 55 calendar days for final completion of the Project. The
installation of exterior lug boxes for connection of temporary generators for
electrical backup will improve safety and increase reliability of emergency
power. The generator lug boxes will be used during scheduled maintenance and/or
failure of the existing emergency generators. This contract was procured under
the requirements of the 2002 Small Business Enterprise (SBE) Ordinance prior to
the adoption of the amended Equal Business Ordinance on October 16, 2018. The contract
provides for 100% SBE participation. Change
Order No. 2 provide 100% SBE participation. The cumulative SBE participation
including Change Order No. 2 is 100%. Gilmore Electric Company, Inc., is
headquartered in Palm Beach County. This Project is included in the WUD FY 19
Budget. (WUD Project No. 17-023) Districts 2 & 5 (MJ)
6. Staff recommends
motion to approve: Work
Authorization No. 4 to the Continuing Construction Contract for Wastewater
Gravity Lines and Manhole Rehabilitation with Hinterland Group, Inc., for
Sanitary Sewer Lining Project Lift Station Basin 4101 (Project) in the amount
of $1,062,018.68. SUMMARY: On December 5, 2017, the Board of County Commissioners (BCC) approved
the Water Utilities Department (WUD) Continuing Contract for Wastewater Gravity
Lines and Manhole Rehabilitation (R2017-1819) to Hinterland Group, Inc. Work
Authorization No. 4 provides for the rehabilitation of approximately 17,000
linear feet of existing wastewater gravity pipelines and 110 manholes within
Lift Station Basin 4101 located in Royal Palm Beach. The work will include
cleaning of the gravity sewer pipelines and manholes, video inspection and
rehabilitation of the pipelines and manholes where necessary. This contract was procured under the
requirements of the 2002 SBE Ordinance prior to the adoption of the amended
Equal Business Ordinance on October 16, 2018. The contract with Hinterland
Group, Inc., provides for 94.9% SBE participation. Work Authorization No. 4 includes 100% SBE
participation. The cumulative SBE participation to date, including Work
Authorization No. 4 is 100%. Hinterland Group, Inc., is a Palm Beach County
company. The Project is included in the FY 19 Capital Improvement Plan adopted
by the BCC. (WUD Project 18-071) District 6 (MJ)
7. Staff recommends
motion to approve: the
reappointment of an At-Large member to the Water Utilities Advisory Board for a
third term of three years effective January 15, 2019 through September 30,
2021.
Nominee: Requirements: Seat
No. Nominated by:
Beverly Scott Current WUD Customer
10 Mayor
Bernard
Resides in Glades of PBC Comm.
Weinroth
Comm.
McKinlay
Vice-Mayor
Kerner
SUMMARY: Resolution
No. R2014-0457 provides for an 11 member Water Utilities Department Advisory
Board (WUDAB). The membership consists
of seven district members, two Countywide At-Large members, one Lake Region
member and one Royal Palm Beach At-Large member. On September 30, 2018, Beverly
Scott’s term as a member of the WUDAB expired.
Mrs. Scott hasserved on the WUDAB since October 16, 2012. Mrs. Scott has
indicated a desire to continue as a WUDAB member and has demonstrated her
commitment by maintaining good attendance, and fellow support from the other
members of the Board. Countywide (MJ)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to approve: annual contracts with the
below listed construction vendors, for Palm Beach County Artificial Reef and
Breakwater Annual Contract, Project No. 2018ERM03
for a period of two years:
A) Coston Marine
Services, Inc. (Contractor A) not to exceed $1,500,795; and
B) McCulley Marine
Services, Inc. (Contractor B) not to exceed $1,478,743.
SUMMARY: These construction
contracts are being established to construct artificial reefs in the Atlantic
Ocean and inshore marine restoration projects. The County will authorize
projects by contract work orders, when needed and adequately funded. Two bids were received. The Department of Environmental Resources Management recommends
awarding the work to two contractors.
This will provide redundancy and capacity for multiple, concurrent
projects. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance (R2002-0064) is 15% overall. Contractor A, a
Palm Beach County SBE, was the higher responsive, responsible bidder.
Since it had 20% SBE participation and fell inside the range for the ranking of responsive bidder
consideration, Contractor A was ranked lowest responsive bidder. Contractor B, a
St. Lucie County company, was the next lowest responsive, responsible
bidder with no SBE participation. The initial contract term is two years,
which may be extended for an additional one year upon approval by the Board of
County Commissioners. Countywide (DC)
2. Staff recommends
motion to:
A) approve State of Florida Department of Environmental Protection (FDEP)
Standard Grant Agreement No. 18PB8
(Agreement) with the FDEP to provide up to $129,237.76 for Juno Beach
Nourishment (Project) permitting expenses for a term beginning on January 26,
2016 and expiring December 31, 2019;
B) approve a budget amendment of $129,238 in the
Environmental Resources Management Capital Projects Fund to recognize the
revenue award from the FDEP; and
C) authorize
the County Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with the Agreement, and
any necessary minor amendments that do not significantly change the scope of
work, terms, or conditions of this Agreement.
SUMMARY: The FDEP Agreement No. 18PB8 Juno Beach
Nourishment will reimburse the County up to $129,237.76 for permitting expenses
related to the third nourishment of the Project. A 100% match is required. The total Project permitting cost of
$258,475.53 will be shared by the FDEP 50% and the County 50%. District
1 (AH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve
an Agreement and License for Property Access to Trim Vegetation (Agreement)
between Palm Beach County (County) and Seaview at Juno Beach Property Owner’s
Association, Inc. (Association) for permit approved trimming of vegetation on
County owned beach front property in Juno Beach, for a term of five years
beginning upon execution of this Agreement and ending January 15, 2024; and
B) authorize
the County Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with the Agreement, and
any necessary minor amendments that do not significantly change the scope of
work, terms, or conditions of this Agreement.
SUMMARY: The Association is located on the west
side of Highway A1A in Juno Beach immediately south of the Juno Beach Pier. The
Agreement allows the Association to trim approximately 200 linear feet of
native vegetation on County property along the east side of Highway A1A. The
Agreement replaces and terminates an existing trimming Agreement (R2015-0204),
set to expire on February 3, 2020. The new Agreement allows the Association to
trim approximately 60 additional linear feet and establishes a consistent trim
height with neighboring properties. The Association will be responsible for
obtaining all local and state permits, and for damages to County property due
to trimming. The Agreement provides for monitoring to ensure that trimming will
not adversely impact sea turtle nesting activities on the beach nor threaten
the viability of the vegetation which helps to stabilize the dune. No County funds required. District 1
(AH)
4. Staff recommends
motion to approve: Work Order No. ERM
18C-05 to the Palm Beach County Annual Pathway and Minor Construction Contract
Federalized Project No. 2015056 (Contract), as amended, with Wynn and Sons
Environmental Construction Company, Inc. (Wynn and Sons), for an amount not to
exceed $790,615.96, providing for the construction of public use facilities at
Loxahatchee Slough Natural Area upon execution until September 30, 2019. SUMMARY: On March 1, 2016, the Board of County
Commissioners (BCC) approved the Contract with Wynn and Sons (R2016-0231). The
Contract was amended on January 10, 2017 (R2017-0022) and February 6, 2018
(R2018-0136) to extend its expiration date and increase the amount of work
authorized under the Contract. Tasks issued under Work Order No. ERM 18C-05
will be partially or fully funded by a Federal Land and Water Conservation Fund
pass-through grant from the State of Florida Department of Environmental
Protection (FDEP). Therefore, Small Business Enterprise participation and
geographic preferences are not applicable. The FDEP grant will fund up to
$200,000 of the cost of the public use facilities. The grant requires a 50% County match, which is included in the
Department of Environmental Resources Management’s Capital Project Fund (3654). District 1 (DC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to approve: the appointment
of one member to the Groundwater and Natural Resources Protection Board
(GNRPB), Seat No. 3, to complete a three-year term beginning January 15, 2019
through May 5, 2020.
Seat No. Appoint Seat
Requirement Term Ending Nominated by
3 Winifred P. Said Member of an
05/05/20 Palm Beach County
Environmental Chapter
of the Florida
Organization
Native
Plant Society
SUMMARY: The GNRPB is comprised of seven members as
specified in Article 2.G.3.F.3 of the Unified Land Development Code (ULDC). The
membership consists of one professional engineer, one attorney, one hydrologist
or hydrogeologist, one citizen possessing expertise and experience in managing
a business, one biologist or chemist, one concerned citizen, and one member of
an environmental organization. Ordinance 92-20 and Article 2.G.3.F.3 of the
ULDC requires that Seat No. 3 be filled by a member of an environmental
organization. The GNRPB has seven seats, six seats currently filled and
diversity count of Caucasian: 5 (85.7%), and African-American: 1 (14.3%). The
gender ratio (female:male) is 2:4. The nominee is a Caucasian female. Staff
will continue to address the need to increase diversity on our boards. Countywide
(AH)
M. PARKS & RECREATION
1. Staff recommends
motion to:
A) approve a budget transfer of $15,952 within the $50 Million GO Waterfront
Access Bond from the Burt Reynolds Park West Side Expansion project to the
Okeeheelee Park Ski Lake Dock Replacement project; and
B) approve a budget transfer of $165,135 within the $50
Million GO Waterfront Access Bond from Reserves to the Okeeheelee Park Ski Lake
Dock Replacement project.
SUMMARY: Five
competition ski lakes and associated service structures were constructed within
Okeeheelee Park by the Department in the early 1980’s. The existing dock structures are utilized
primarily by the public and the members of the Ski Club of the Palm Beaches for
activities associated with water skiing.
Heavy use over the years coupled with a marine environment has caused
the structures to deteriorate to a point where replacement of the entire dock
system is necessary. On May 1, 2018, (Budget Transfer 18-0601),
$350,000 was transferred from the Park Improvement Fund to establish budget for
the Okeeheelee Park Ski Lake Dock Replacement project to replace the
wood/composite docks with new aluminum floating docks. The estimate to complete this project is
$398,713 and this transfer will be adequate to fully fund the project and any
unanticipated change orders or project modifications. Funding for this budget transfer is from the
$50 Million GO Waterfront Access Bond fund and will exhaust the Bond reserves. District 2
(AH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
2. Staff recommends
motion to approve:
A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by the
Board of County Commissioners on April 4, 2017; and
B)
a budget transfer of
$285,000 within the IST Fund to transfer $269,044 within the IST Fund and
$15,956 from IST Department Reserves to fund the West Boynton Parking Lot Light
Replacement Project.
SUMMARY: The purpose of this transfer is to address an immediate maintenance need
for an IST project that was identified for funding in a future year. The
replacement of parking lot lighting at West Boynton Park and Community Center
is scheduled to be funded in FY 2022 in the amount of $285,000 through IST
proceeds. These lights are failing more
rapidly than anticipated and, if they become non-functional, would potentially
pose a safety hazard to those utilizing the parking area given the reduction in
illumination. The Parks and Recreation
Department wishes to advance this project to FY 2019 so these potential safety
issues can be addressed before additional failures. Conversely, the need to
replace the racquetball courts at Haverhill Park has been diminished as a
result of temporary repairs completed by the Parks and Recreation Department
and can be delayed until FY 2022. This
project was originally funded for $270,000 ($269,044) in FY 2018. Funds are available in the Parks Department
IST Reserve to make up the $15,956 difference.
The Sales Tax Oversight
Committee reviewed this request at their November 15, 2018 meeting and approved
it unanimously. This project is funded through the infrastructure sales tax.
Countywide (AH)
3. Staff recommends
motion to approve: a non-standard Special
Event Area Rental Agreement with Delray Beach Arts, Inc., for Garlic Fest 2019
from February 5, 2019, through February 12, 2019, at John Prince Park. SUMMARY:
The South Florida Garlic
Fest is a premier food and entertainment event in South Florida. The event is
dedicated to exploring the numerous health and culinary possibilities of
garlic. Garlic Fest serves as a
gathering festival focal point for musicians, artists of every genre, and
culinary artists. Now in its 20th year,
the South Florida Garlic Fest is affectionately known as “The Best Stinkin’
Party in Florida”. This is the third
year that this event will be held at John Prince Park. In previous years, the
event required a permit by the special events section. However, due to the
success and increased scope of the event, a Special Event Area Rental Agreement
is required. District 3 (AH)
4. Staff recommends
motion to receive and file: the following executed Amphitheater Rental Agreements
between Palm Beach County and
A) Grand Slam
Events, LLC, Beachtoberfest, Seabreeze Amphitheater, for the period October 25,
2018 through October 29, 2018; and
B) JMF Corporation, LLC, Griot Festival, Sunset Cove Amphitheater, for the
period November 17, 2018 through November 18, 2018.
SUMMARY: These
Amphitheater Rental 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 2009-0335, amended by Resolutions
2009-1807, 2012-1715, and 2014-0166.
These programs are part of a balanced schedule of events, which promote
the quality of life in the communities we serve. 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)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
5. 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, Nostalgia Swing
Band concert, Canyon Amphitheater, for the period November 17, 2018 through
November 18, 2018; and
B) Blackwood Productions, LLC, Griot
Festival, Sunset Cove Amphitheater, for the period November 17, 2018 through
November 18, 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. District 5 (AH)
6. Staff recommends
motion to receive and file: the following executed Entertainment Contractor Agreement
between Palm Beach County and Robert Haft, Nostalgia Swing Band, Canyon Amphitheater, on November 17, 2018. SUMMARY: The Entertainment Contractor
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 2008-1109, amended by Resolutions 2010‑0644,
2014-0168 and 2017-1367. 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)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
7. Staff recommends
motion to receive and file: the following
executed Independent Contractor Agreements between Palm Beach County and
A) first amendment with the Gold Coast Gymnastics, Inc, Tiny Tot Tumbling
Instructor, West Boynton Recreation Center, for the period December 12, 2017
through September 30, 2018; and
B) Modern Bujutsu
Karate, Inc, Martial Arts Instructor, West Boynton Recreation Center, for the
period October 3, 2018 through September 30, 2019; and
C) M. Regina Rodrigues, Gentle Yoga TRIP and
Community Programs Instructor, CMAA Therapeutic Recreation Complex for the
period October 1, 2018 through September 30, 2019; and
D) M. Regina Rodrigues, Gentle Yoga
Adults/Seniors Instructor, CMAA Therapeutic Recreation Complex, for the period of October 1, 2018 through
September 30, 2019; and
E) Gold Coast
Gymnastics, Inc, Tiny Tot Gymnastics Instructor, West Boynton Recreation
Center, for the period of October 4, 2018 through September 30, 2019; and
F) Shelly M. Janssen, Youth Dance Instructor,
West Boynton Recreation Center, for the period of August 18, 2018 through
September 29, 2018; and
G) Shelly M. Janssen, Youth Dance Instructor,
West Boynton Recreation Center for the period of October 2, 2018 through September
28, 2019; and
H) Palm Beach County Officials Association,
Fall 2018 Youth Basketball Officials, Westgate Recreation Center, for the
period September 22, 2018 through September 29, 2018; and
I) Palm Beach County Officials Association,
Fall 2018 Youth Basketball Officials, West Boynton Recreation Center, for the
period of October 2, 2018 through December 31, 2018; and
J) Palm Beach County Officials Association, Fall 2018 Youth Basketball
Officials, Westgate Recreation Center, for the period October 6, 2018 through
November 10, 2018; and
K) Palm Beach County Officials Association,
Fall 2018 Junior Volleyball Officials, West Boynton Recreation Center for the
period November 6, 2018 through December 31, 2018.
SUMMARY:
These Independent 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 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 3 & 7 (AH)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) ratify the Mayor’s signature on a grant application
to the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial
Justice Assistance Formula Federal FY2017 (County FY2018) Grant (JAGC) in the
amount of $322,513 beginning October 1, 2017 through March 31, 2019 to fund the
Palm Beach County Reentry Program; and
B) authorize the County Administrator, or designee, to
execute the grant award, amendments, documents, and electronic grant reporting
forms, related to this grant, on behalf of the Board of County Commissioners,
after approval of legal sufficiency by the County Attorney’s Office, and within
budget allocations.
SUMMARY: Palm Beach
County was allocated $322,513 in Federal FY2017 (County FY2018) funds as part
of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program
(CFDA#16.738) for expenditure for the period retroactive to October 1, 2017
through March 31, 2019. The Criminal Justice Commission (CJC) approved
recommendations made by the CJC’s Finance Committee to allocate these funds to
the existing Palm Beach County Reentry Program. The JAG funds were held
nationwide until June 26, 2018 due to a federal lawsuit. This award will
retroactively compensate the County for the program expenditures during County
FY18 and continue into FY19 until the funds are expended. The program provides
transitional services to juveniles and adults reentering society from jail and
prison. A competitive Request for Applications (RFA) was distributed and
multiple agencies responded. Gulfstream Goodwill Industries, Inc., the City of
Riviera Beach and The Lord’s Place, Inc., were selected as providers based on
contracting, eligibility, project scope, budget, experience, administration/
organizational capacity and references. The emergency procedure, pursuant to
Palm Beach County Administrative Code, Section 309, was used because of the
limited time for submission of the grant application following the funding
announcement. No
local match is required for this grant. Countywide
(DC)
2. Staff recommends
motion to receive and file: Grant Adjustment Notice (GAN) three from the Federal Fiscal Year 2016
(County FY17) Florida Department of Law Enforcement (FDLE) Edward Byrne
Memorial Justice Assistance Grant (JAG) Program 2017-JAGC-PALM-1-F9-015 for the
term of October 1, 2016 through September 30, 2017 to reinstate the grant for
vendor clarification of expenditures, provide an extension of the grant period,
change the project director, and relinquish an unexpended balance of
$16,453.28. SUMMARY: Grant 2017-JAGC-PALM-1-F9-015
was awarded to Palm Beach County in the amount of $233,395 for the Adult
Reentry Program. GAN three provides for an extension from December 31, 2017 to
September 30, 2018 to clarify vendor expenditures, a budget modification to
reflect changes in contractual services, a change in the project director due
to personnel changes of CJC staff, and a relinquishment of the unexpended
balance of funds in the amount of $16,453.28 to the Florida Department of Law
Enforcement. This GAN has been fully executed on behalf of the Board of County
Commissioners by the Executive Director of the Criminal Justice Commission
(CJC), in accordance with R2016-1029. No County matching funds are required for this
grant. Countywide (DC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
3. Staff recommends
motion to:
A) receive and file a no cost contract for
consulting/professional services with Uptrust, Inc., for the period November 8,
2018 through November 18, 2019 to implement a court date reminder system for
criminal court defendants in the Fifteenth Judicial Circuit, Palm Beach County,
Florida, with services to be paid by Robert F. Kennedy Human Rights directly to
Uptrust, Inc.; and
B) authorize
the County Administrator, or designee, to execute any amendments relating to
this agreement on behalf of the Board of County Commissioners, after approval
of legal sufficiency by the County Attorney’s Office, and within budgeted
allocations.
SUMMARY: Palm Beach County was awarded $2,000,000 from the John D. and Catherine
T. MacArthur Foundation (the Foundation) on October 2, 2017 as an
implementation site in the Foundation’s Safety and Justice Challenge (SJC). The
goal of the SJC is to safely reduce Palm Beach County’s jail population of
2,210 by 16.7% by September 30, 2019 through five main and two supportive
strategies which have been identified and are being implemented by our SJC Core
Team of stakeholders. This agreement will address the strategy to reduce the
number of defendants admitted to the Palm Beach County jail for a failure to
appear (FTA) for court. In 2016, 14% (3,528 defendants) of jail admissions were
for FTA. Court reminder systems have proven very successful in other
jurisdictions across the nation in reducing FTA’s by as much as 50%. This
reminder system will be in addition to the existing Clerk’s Office paper
notification process and will be done through text messages upon the defendant’s
enrollment by signing a consent form required by the Federal Communications
Commission. Funding for the consultant’s work will be provided by Robert F.
Kennedy Human Rights as a one-year pilot project. The Director of the
County Purchasing Department executed this agreement pursuant to Palm Beach
County Purchasing Policy and Procedures CW-L-008. No County matching funds are required. Countywide (DC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the following Project Budget Adjustment
Amendments for ex-offender reentry services:
A) Third Project Budget Adjustment Amendment, Contract #R2017-1388
(City of Riviera Beach - Adult Reentry);
B) Fourth Project Budget Adjustment Amendment, Contract
#R2017-1386 (The Lord’s Place, Inc. - Adult Reentry);
C) Fifth Project Budget Adjustment Amendment, Contract
#R2017-1387 (Gulfstream Goodwill Industries Inc. - Adult Reentry); and
D) Sixth Project Budget Adjustment Amendment, Contract
#R2017-1389 (Gulfstream Goodwill Industries Inc. - Juvenile Reentry).
SUMMARY: Palm Beach County Division of Justice
Services subcontracts with reentry providers to coordinate adult and juvenile
reentry services to those returning to Palm Beach County from
incarceration. On September 12, 2017,
the Board of County Commissioners authorized the County Administrator, or
designee, to execute amendments and administrative documents associated with
these contracts. Project budget
adjustments were executed by the Public Safety Director on October 25, 2018 to
adjust the budgets within approved line items in order for the contracted
providers to be reimbursed their full budgeted allocations. The third adjustment to the contract with the
City of Riviera Beach reduced designated allowable “out of pocket” expenses
from $4,100 to $2,800, reallocated funds within operational expenses, and added
updated County required language related to the termination, criminal history
records checks and scrutinized companies articles. The fourth adjustment to the Lord’s Place,
Inc. reallocated funds within operational expenses and added updated County
required language related to the termination, criminal history records checks
and scrutinized companies articles. The
fifth adjustment to the contract with Gulfstream Goodwill Industries, Inc.
(adult reentry) reduced designated allowable “out of pocket” expenses from
$13,295 to $9,108.43 and reallocated funds within operational expenses. The sixth adjustment to the contract with
Gulfstream Goodwill Industries, Inc. (juvenile reentry) reduced the contract
amount from $361,101 to $334,023 and the excess funding was used to fund other
shortages in the reentry program due to Department of Corrections funding
restrictions. All four contract adjustments are effective retroactively as of
September 1, 2018. Countywide (LDC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to:
A) approve a Mutual Aid Agreement with the United Way
of Palm Beach County, Inc. (UWPBC) to be the lead agency to coordinate the
Volunteer and Donation Unit, Emergency Support Function (ESF #15) during times
of disasters for a five year period upon execution of the contract; and
B)
authorize the County Administrator, or designee, to sign all future renewals, task
assignments, and necessary minor amendments that do not change the scope of
work or terms and conditions of the contract after approval of legal
sufficiency by the County Attorney’s Office.
SUMMARY: The UWPBC will provide the resources,
training and lead coordination efforts needed with other non-profits
organizations during disasters to coordinate donations from the public and
spontaneous volunteers who want to help in response and recovery
operations. The County is responsible
for reimbursing the UWPBC for all unreimbursed costs and expenses incurred over
and above the cost of conducting its normal business operations in
emergencies/disasters within the County as they relate to the fulfillment of
the Volunteer and Donations Unit. In the
event a disaster is declared, the County would submit its claims for
reimbursement through the Federal Emergency Management Agency (FEMA) Public
Assistance (PA) Program. The County will
bear the risk that FEMA does not approve full reimbursement of documented
expenses or that a disaster is not declared. Countywide (LDC)
3. Staff recommends
motion to receive and file: the executed Special Service Arrangement Agreement (FL16-2311-05) for
the purchase and installation of E911 equipment, software, and maintenance with
AT&T for the period July 31, 2017 through July 30, 2022. SUMMARY: This
agreement was necessary to upgrade Next Generation 911 (NG911) call taking
equipment at PBSO and to allow future integration into the County’s 911
network. The equipment is now compatible
with Text-to-911 services that allows 911 call takers to receive text messages
along with phones calls. This agreement
will also allow for additional NG911 call taking workstations to be added and
equipment for future growth as the situation may dictate due to increased call
volume in an increasing population in the County. There were provisions added
to this agreement so that equipment and software upgrades can be purchased as
new technologies become available. The fiscal impact will depend on actual
purchases of equipment and software and monthly maintenance based on the
established rates and charges. The County’s Purchasing Department Director
executed this agreement pursuant to Palm Beach County Purchasing Policy and
Procedures CW-L-008. Due to a staff
oversight, the receive and file item was not submitted within the proper time
limit. Countywide (LDC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to:
A)
approve a contract
agreement with Florida Commission on Community Service dba Volunteer Florida
serving as the administrative agency for the FY 2018-19 Federal Emergency
Management Performance Grant Program (EMPG) for the period retroactive to October
1, 2018 through May 31, 2019, in the amount of $5,000 for Citizen Corps program
initiatives to include Community Response Emergency Response Team (CERT)
training and associated supplies; and
B) approve a downward budget amendment of $250 in the
Emergency Management Fund to adjust the budget to the actual grant award.
SUMMARY:
This is an annual grant (CFDA # 97.042) from Volunteer Florida that will
be used for Citizen Corps program activities which includes CERT training and
related supplies. This contract was
received on October 19, 2018 hence the delay in requesting approval to fund
this program. In-kind
donation of volunteer hours will be used to fulfill the matching requirement of
$5,000 for the Citizen Corps grant. Countywide (LDC)
5. Staff recommends
motion to receive and file: the first amendment to the
contract for Consulting/Professional Services with Phamatech, Inc. (R2018-1520)
for the period of October 1, 2018 through September 30, 2021, for a total
not-to-exceed amount of $666,525 to provide drug-testing services to all
participants referred by the Adult, Delinquency, and Family Drug Courts. SUMMARY: This amendment will allow for the expansion
of the types of confirmation testing that can be requested. The confirmation testing shows qualitative results of drugs and/or drug metabolites
present in a test. These confirmations
are needed to help identify and access the treatment needs of the
participants. This amendment outlines
the respective responsibilities, policies, and procedures that will be
undertaken by Phamatech, Inc. and the County with the use of and restrictions
regarding Room 3.1003 in the building located at 205 N. Dixie Highway, West
Palm Beach, Florida 33401 (Main Courthouse).
This amendment was executed in accordance with R2018-1519 and
R2018-1520, which authorized the
County Administrator, or designee, to execute minor amendments and
administrative documents associated with the above contracts, on behalf of the
Board of County Commissioners, after approval of legal sufficiency by the
County Attorney’s Office and within budgeted allocations. Countywide (LDC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a resolution of the Board of County Commissioners of Palm Beach County,
Florida, approving a Public Transportation Grant Agreement (PTGA) (FM No.
407184-2-84-01) with the State of Florida Department of Transportation (FDOT),
in the amount of $647,014 to provide funding assistance for FY2019 to offset
the operating costs of providing fixed route services to the public in the
non-urbanized (Lake Region) areas of Palm Beach County;
B) approve a downward
budget amendment of
$313,379 in Palm Tran Capital Fund 1341; and
C) approve an upward budget amendment of $10,128 in Palm Tran Operating Fund.
SUMMARY: Palm Tran will utilize this grant to offset the operational expenses of
fixed route service on Routes 40 and 47 in the Lake Region. This PTGA in the
amount of $647,014 for FY2019 will provide funding in the amount of $323,507
which requires a match of $323,507. The
PTGA will become effective upon FDOT execution and has an expiration date of
June 30, 2020. The match is included in Palm Tran’s FY2019 budget. Countywide
(DR)
2. Staff recommends
motion to:
A) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida,
approving a Public Transportation Grant Agreement (PTGA) (FM No. 407188-2-84-01)
with the State of Florida Department of Transportation (FDOT), in the amount of
$10,324,040 to provide funding assistance for FY2019 to offset the operating
costs of providing fixed route services to the public in Palm Beach County;
B) approve a downward
budget amendment of
$5,337,955 in Palm Tran Grants Fund 1341; and
C) approve a downward budget amendment of $175,935 in Palm Tran Operating Fund 1340 to reconcile the
budget to the actual grant award.
SUMMARY: Palm Tran will utilize the grant funds to offset the operating costs of
providing fixed route service on all routes in the County. This PTGA in the amount of $10,324,040 for
FY2019 will provide operating funding in the amount of $5,162,020, which
requires a match of $5,162,020. The PTGA
will become effective upon FDOT execution and has an expiration date of June
30, 2020. The match is included in Palm Tran’s FY2019 budget. Countywide (DR)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
3. Staff recommends
motion to:
A) adopt a resolution of the Board of County Commissioners of Palm Beach County,
Florida, approving a Public Transportation Grant Agreement (PTGA) (FM no.
445194-1-84-01) with the State of Florida Department of Transportation (FDOT),
in the amount of $1,200,000 to provide operating assistance to offset the
operating costs of providing the flex service in the non-urbanized (Lake Region)
areas of Palm Beach County;
B) adopt a resolution of the Board of
County Commissioners of Palm Beach County, Florida, approving a Public
Transportation Grant Agreement (PTGA) (FM no. 444671-1-94-01) with the State of
Florida Department of Transportation (FDOT), in the amount of $840,000 to
provide capital assistance to offset costs of acquiring vehicles for the flex
service in the non-urbanized (Lake Region) areas of Palm Beach County;
C) approve a FY19 budget amendment
of $840,000 in Palm Tran’s Grant Fund 1341 to recognize the grant awards; and
D) approve a FY19 budget amendment
of $1,200,000 in Palm Tran Operating Fund 1340 to recognize the grant awards.
SUMMARY: On
June 25, 2018, Palm Tran submitted to the Florida Department of Transportation
(FDOT) a proposal under the Public Transit Service Development Program that
provides funding for projects that will improve system efficiencies and
operations. FDOT has approved two
projects for a total of $2,040,000 in grant funds. PTGA 445194-1-84-01 (Go Glades Pilot) and
PTGA 444671-1-94-01 (Go Glades Vehicles) have no match requirement. The
agreements become effective upon execution.
PTGA 444671-1-94-01 (Go Glades Vehicles) expires January 31, 2020 and
PTGA 445194-1-84-01 (Go Glades Pilot) expires June 30, 2020, unless
extended. Countywide (DR)
4. Staff recommends
motion to:
A) approve the filing of the FY2017
Section 5324 (CFDA 20.527) electronic Grant Application1098-2019-1 with the
Federal Transit Administration (FTA) for Emergency Relief funds up to the
amount of $1,297,034. This is a cost
reimbursable agreement that will become effective upon FTA Award and has an anticipated end date of September 30,
2019;
B) approve the filing of Standard Form LLL - Disclosure
of Lobbying Activities; and
C) authorize the County Administrator,
or designee, to execute on behalf of the BCC, and to transmit electronically
the BCC’s approval of the Grant Application award and the resulting grant
agreement, in addition to authorize any future modifications/ amendments for
the above named award after approval of legal sufficiency by the County
Attorney’s Office.
SUMMARY: Palm Tran is seeking reimbursement under FTA’s Emergency Relief Program
for emergency operating expenses for evacuations, temporary emergency service,
disaster preparation, emergency (temporary) repairs and protective measures related
to Hurricane Irma. Palm Tran must seek
reimbursement for these expenses from the FTA prior to seeking reimbursement
from the Federal Emergency Management Administration. Any amount received will be to reimburse
costs incurred in prior fiscal years. No match is required. Execution of the FTA award represents the
County’s legal affirmation to adhere to FTA and other federal requirements as
described in the Master Agreement FTA MA (24) dated
October 1, 2017, approved by the Board on April 10, 2018 under item 3-AA1. No
County funds are required. Countywide
(DR)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
5. Staff recommends
motion to approve: a two year Agreement
with Lakes of Delray, Inc. for the provision
of transportation services on all Palm Tran fixed routes 70, 81 and 88
effective February 1, 2019, in the amount of $231,458.30. SUMARY: Lakes of Delray,
Inc. has contracted with Palm Tran for bus service for its residents since the
inception of the development in 1982. This agreement allows Lakes of Delray
residents to ride Palm Tran Routes 70, 81 and 88 fare-free. Palm Tran fixed routes 81 and 88 serve Delray
Beach on major arterials as they traverse east and west. Since the
implementation of the Route Performance Maximization (RPM) Project, Palm Tran
Route 70 no longer directly services the Lakes of Delray community but connects
with Routes 81 and 88. This agreement includes a 3% rate increase pursuant to
the agreement. District 5 (DR)
BB. YOUTH SERVICES
1. Staff recommends
motion to approve:
A)
a contract for Provision of
Services with Digital Vibez, Inc. (Digital Vibez), for the period October 1,
2018 through September 30, 2019, in an amount not to exceed $27,000, for the
Fitness Jamz Program Family Night events; and
B) a
budget transfer of $27,000 in the General Fund from the Head Start Match
reallocation (Unit 1451) for evidence-based/promising programming to fund the
cost associated with this Contract.
SUMMARY: Digital Vibez’s Fitness Jamz Program
(Program) is designed to combat childhood obesity. This Program aims to serve 850 youths, ages
five through 12, at 18 locations in high-need communities throughout Palm Beach
County. Over the course of each eight
week workshop, seven weeks are dedicated to fitness and nutrition education,
and ends with a culminating event (Family Night) focused on parental
engagement. This contract will provide funding for 15 of the 18 Family Night
events. Family Night provides an opportunity for Program participants to
showcase their accomplishments and hard work to their families and caregivers
through an educational and physical engagement event. This Program also receives funding from Prime
Time Palm Beach County to assist with funding other portions of this Program’s
expense, including the other three Family Night events. The effective date of service for the above contract
submitted for approval is prior to this meeting date. Countywide (HH)
CC. INTERNAL AUDIT
1. Staff recommends
motion to receive and file: audit recommendation status follow-up
report as of November 15, 2018. SUMMARY: County Code Section 2-260.16 requires the Internal Audit
Committee to review audit reports prior to issuance. County Code Section 2-463 requires the County
Internal Auditor to send those reports to the Board of County Commissioners. At
its meeting on December 12, 2018, the Committee reviewed and authorized
distribution of the Audit Recommendation Status Follow-up Report as of November 15, 2018.
We are submitting this report to the Board of County Commissioners as
required by the County Code. Countywide (DB)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
CC. INTERNAL AUDIT
(Cont’d)
2. Staff recommends
motion to appoint: the following individual to the Internal Audit
Committee:
Seat # |
Nominee |
Seat Requirement |
Term |
3 |
Adair Barton |
Not seat specific |
Expires 9/30/21 |
All members of the Internal Audit Committee are required to be citizens
of the County, independent of County operations and officials, with experience
in business or finance; government accounting, auditing, operations or
financial management; or other relevant experience. SUMMARY: At its December 12, 2018 meeting, the Committee
unanimously recommended the appointment of Mr. Barton to fill the vacancy in
Seat 3. If appointed, Mr. Barton will serve the balance of the current
three-year term for Seat 3 ending September 30, 2021. Mr. Barton is currently serving as the
Alternate Member on the Committee. The
audit committee has five full member seats and one alternate member seat. Following Mr. Barton’s appointment, the five
full member seats will be filled and the alternate member seat will be vacant.
Diversity count after this appointment will be: Caucasian: 3 (60%), Asian
American: 1 (20%), African American: 0 (0%), and Hispanic: 1 (20%). The gender ratio (male: female) will be 4:1. Mr. Barton is a Caucasian male. Countywide (DB)
DD. SHERIFF
1. Staff recommends
motion to:
A) receive and file on
behalf of the Palm Beach County Sheriff’s Office, a third amendment to
the Memorandum of Agreement between the Palm Beach County Sheriff’s Office and
the Early Learning Coalition of Palm Beach County in the amount of $129,856,
for the period of January 1, 2019 through December 31, 2019; and
B) approve a budget
amendment of $3,170 in the Sheriff’s Grant Fund.
SUMMARY: The Board of
County Commissioners (BCC) accepted this award for $81,609 on April 19, 2016
(R2016-0523). The BCC received and filed an amendment to the Memorandum of
Agreement on January 10, 2017 which increased the award amount by $124,814 and
extended the award period from December 31, 2016 through December 31, 2017 (R2017-0112) The BCC received and filed an amendment to
the Memorandum of Agreement on December 19, 2017 which increased the award
amount by $127,310 and extended the award period from December 31, 2017 through
December 31, 2018 (R2017-1938). The budget amendment will align the current
grant budget with the actual grant award value and extend the award period from
December 31, 2018 through December 31, 2019. There is no match requirement
associated with this award. Countywide (LDC)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Federally-Funded Subgrant Agreement for a FY19 State Homeland
Security Grant in the amount of $475,634, for the period of November 5, 2018
through August 31, 2020; and
B) approve a budget
amendment in the amount of $475,634 in the Sheriff’s Grant Fund.
SUMMARY: On November 5,
2018, the Palm Beach County Sheriff’s Office (PBSO) received a FY19 State
Homeland Security Grant award from the State of Florida, Division of Emergency Management. These funds will be used for specialty team
equipment and intelligence and information sharing initiatives. There is no match associated with this
award. Countywide (LDC)
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF (Cont’d)
3. Staff recommends
motion to approve: a budget transfer of $395,774 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055(5) provides
that the seizing agency shall use forfeiture proceeds for school resource
officer, crime prevention, safe neighborhood, drug abuse education and
prevention programs, or for other law enforcement purposes, which include
defraying the cost of protracted or complex investigations, providing
additional equipment or expertise, purchasing automated external defibrillators,
and providing matching grant funds. F.S. 932.7055(5) also requires that no less
than 25% of the LETF’s previous year’s revenues be used for the support or
operation of drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood and school resource officer programs of various
non-profit organizations. The PBSO’s FY 2019 donation requirement is $177,018.
The PBSO’s support of these programs exemplifies its strong commitment to the
prevention and reduction of crime throughout the communities it serves and its
desire to put money back into these communities to support organizations that
provide such services. The year-to-date
transfer for all donations to outside organizations after approval of this item
is $384,000. The funds requested
are to aid PBSO and qualified organizations that meet the requirements set
forth in F.S. 932.7055. Use of LETF requires approval by the Board, upon
request of the Sheriff. The current State LETF balance is $1,344,056. Approval
of this request will reduce the State Law Enforcement Trust Fund balance to
$948,282.
The PBSO certifies that the use of these funds is in accordance
with F.S. 932.7055. Below is a table
indicating the organizations the PBSO seeks to fund and the corresponding
amount of funding proposed per respective organization or agency. No new positions are needed and no additional
County funds are required. Countywide
(DC)
ORGANIZATION |
AMOUNT |
Faith, Hope, Love,
Charity, Inc. |
$25,000 |
Florida Sheriffs Youth
Ranches, Inc. - Harmony in the Streets |
$130,000 |
Grandma's Place, Inc. |
$20,000 |
Gulf Stream Council of
the Boy Scouts of America, Inc. |
$10,000 |
National Campaign to Stop
Violence, Inc. |
$20,000 |
Palm Beach County PAL,
Inc. - Tennis Program |
$25,000 |
Palm Beach County
Substance Abuse Coalition, Inc. |
$3,000 |
Palm Beach Recovery
Coalition, Inc. |
$25,000 |
Safety Council of Palm
Beach County, Inc. - Baby in Back Program |
$3,500 |
Safety Council of Palm
Beach County, Inc. - Mobile Eyes Program |
$2,500 |
Sunset House, Inc. |
$15,000 |
The ARC of Palm Beach
County, Inc. |
$25,000 |
Urban League of Palm
Beach County, Inc. |
$50,000 |
Wounded Veterans Relief
Fund, Inc. |
$25,000 |
Young Women's Christian
Association of Palm Beach County, Inc. |
$5,000 |
PBSO - Radio Services -
Fuel Trailer |
$11,774 |
|
|
Total Amount |
$395,774 |
JANUARY 15, 2019
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF (Cont’d)
4. Staff recommends
motion to approve: a budget transfer of $775,000 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO)
to be used for the FY2019 match for the 2017 COPS Hiring Program grant. SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency
shall use forfeiture proceeds for school resource officer, crime prevention,
safe neighborhood, drug abuse education and prevention programs, or for other
law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise, purchasing
automated external defibrillators, and providing matching grant funds. The
funds requested will be used for the FY2019 match for the U.S. Department of
Justice Office of Community Oriented Policing Services 2017 COPS Hiring Program
grant. Use of LETF requires approval by the Board, upon request of the
Sheriff. The current State LETF balance
is $948,282. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $173,282. The PBSO certifies that the use of
these funds is in accordance with F.S. 932.7055. No new
positions are needed and no additional County funds are required. Countywide (DC)
* * * * * * * * * * * *
JANUARY 15, 2019
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. ENGINEERING
& PUBLIC WORKS
4A-1 Continued from 12/18/18 BCC meeting
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)
JANUARY 15, 2019
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. PARKS & RECREATION
1. Staff recommends
motion to adopt: an ordinance of the Board of County Commissioners of
Palm Beach County, Florida, amending Chapter 21 of the Palm Beach County Code
(Ordinance 2011-003) pertaining to parks and recreation; amending Section 21-18
of the Palm Beach County Code (Definitions); Section 21-19 of the Palm Beach
County Code (Regulation of Vehicles within Parks); Section 21-20 of the Palm Beach
County Code (Buildings and Other Properties); Section 21-22 of the Palm Beach
County Code (Plant and Wildlife Protection and Preservation); Section 21-24 of
the Palm Beach County Code (Swimming and Wading); Section 21-25 of the Palm
Beach County Code (Boating); Section 21-27 of the Palm Beach County Code
(Fishing); Section 21-29 of the Palm Beach County Code (Picnic Areas and Use);
Section 21-30 of the Palm Beach County Code (Camping); Section 21-32 of the
Palm Beach County Code (Animals); Section 21-33 of the Palm Beach County Code
(Alcoholic Beverages); Section 21-35 of the Palm Beach County Code (Park
Usage); Section 21-36 of the Palm Beach County Code (Commercial Activities);
Section 21-37 of the Palm Beach County Code (Reserved Park/Facility Areas);
Section 21-38 of the Palm Beach County Code (Permits); Section 21-41 of the
Palm Beach County Code (Pollution of Waters); Section 21-43 of the Palm Beach
County Code (Public Utilities); Section 21-45 of the Palm Beach County Code
(Enforcement); Section 21-46 of the Palm Beach County Code (Penalties);
providing for savings clause; providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the Code of Laws and
Ordinances; and providing for an effective date. SUMMARY: At the December 4, 2018 meeting, the Board
approved on preliminary reading and advertisement for public hearing on January
15, 2019, an ordinance to amend Chapter 21, Article 2 of the Palm Beach County
Code (Parks and Recreation) to conform to state law and provide better management
of park property. In addition to several
administrative modifications, the proposed Code changes will:
·
Clarify persons must be
covered with clothing or bathing suits as to prevent indecent exposure in all
park areas;
·
Specify the latitude and
longitude of previously identified Vessel-exclusion Zones as required by FWC;
·
More clearly define when
a lost or abandoned boat or floating structure is blocking public use of park
facilities;
·
Address the tampering
with and damage of public park utility fixtures;
·
Include language
pertaining to shark fishing and chumming in areas with designated guarded swim
areas for public safety;
·
Update the types of park
facilities available for reservation; and
·
Update language on time,
place and manner of park amenity use. Countywide - (AH)
JANUARY 15, 2019
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. PALM TRAN
1. Staff recommends
motion to adopt: a resolution of the Board of County Commissioners of
Palm Beach County, Florida, approving the signing and submission of the Section
5310 grant application, supporting documents and assurances, total project cost
of $1,218,851 for capital assistance under grants for the enhanced mobility of
seniors and individuals with disabilities CFDA 20.513, as administered by the Florida
Department of Transportation (FDOT); establishing an effective date. ,
and designating and authorizing Palm Tran’s Executive Director to sign the
application, accept a grant award, purchase vehicles/equipment and/or expend
grant funds pursuant to a grant award, unless specifically rescinded. SUMMARY:
Palm Tran is submitting an application for the acquisition of 16
replacement paratransit vehicles at a cost of $1,218,851. The vehicles being replaced were purchased in 2015 with
Public Improvement Revenue Bond funds and have reached their end of life. The
grant will provide $1,096,966 (90%) of the project cost and the grant requires
a local match of $121,885 (10%). The local match requirement is available in
Palm Tran’s approved budget for FY2019.
The grant has an anticipated start date of March 2019, and is expected
to be completed by September 2019. Countywide (DR)
D. OFFICE
OF FINANCIAL MANAGEMENT AND BUDGET
1. Staff recommends
motion to:
A) adopt an ordinance of
the Board of County Commissioners of Palm Beach County, Florida, amending the
Palm Beach County Unified Land Development Code, Ordinance 2003-70, as amended,
by amending Article 13, concerning countywide impact fee amount and certain
benefit zones, as follows: Chapter B –
County District, Regional, and Beach Parks Impact Fee; Chapter C – Fire-Rescue
Impact Fee; Chapter D – Library Impact Fee; Chapter E – Law Enforcement Impact
Fee; Chapter F – Public Buildings Impact Fee; Chapter G – School Impact Fee;
Chapter H – Road Impact Fee; providing for repeal of laws in conflict;
providing for inclusion in the Unified Land Development Code; providing for an
effective date; and
B) receive
and file an Impact Fee Review Committee Report to the
Board of County
Commissioners.
SUMMARY: At the Commission meeting on December 4,
2018, the BCC approved a motion to advertise a public hearing on proposed
impact fee increases and adjustments.
The approval provided for advertisement of proposed increases and
adjustments to all of the fees to the full amount allowed under the ordinance
with the exception of school impact fees and road impact fees for general
office. Increases for these two
components would be phased in over a two-year period beginning April 1, 2019
and April 1, 2020. The BCC also directed
staff to meet with various construction and development industry representatives
to discuss and consider a counterproposal to phase in all fees over a two-year
period. Staff met with industry
representatives December 19, 2018 and agreed to the counterproposal. For fees with increases, the compromise
provides for half of the fee increase to take effect in 2019 and the remaining
half to take effect one year later in 2020. The impact fee update also includes
proposed revisions and adjustments to the roads, schools and park impact fee
benefit zones. Fees were last increased
June 14, 2014. Countywide (LB)
* * * * * * * * * * * *
JANUARY 15, 2019
A. ADMINISTRATION
1. Staff recommends
motion to authorize: the County Administrator to pre-register Palm
Beach County in the “SolarTogether” program offered by Florida Power &
Light Company (FPL), no later than January 25, 2019, providing for the County’s
intent to subscribe for the maximum allocation deemed appropriate by the County
Administrator to secure solar-generated electric power via universal solar
capacity built by FPL specifically for this program. SUMMARY: FPL recently announced its "SolarTogether"
shared solar program. Large energy users are invited to subscribe to FPL's
program and share in the benefits of off-site solar energy production. This
program will further establish Palm Beach County’s commitment to sustainability
and climate resilience by helping the County reduce its annual greenhouse gas
emissions while lowering its energy costs. Participants will receive solar
energy credits at a rate that increases annually in exchange for a fixed-rate
subscription fee based on the participant’s subscription share. The greater the
subscription share, the greater the subscription credit. Program steps are as
follows:
1) Interested
customers pre-register by January 25, 2019, with their desired subscription
level (up to 100% of the customer’s FPL electricity demand).
2) FPL
enrolls pre-registered participants on a first-come, first-served basis up to
the designed solar capacity.
3) FPL
builds the SolarTogether off-site systems, expected to be complete in 2020.
4) Once
the solar system is complete, participants receive a monthly solar credit that
increases annually in exchange for a monthly subscription fee.
5) Eventually,
the subscription credit exceeds the subscription cost, expected to be between
Year 3 and Year 5 of program participation.
The cost to participate is based on a monthly subscription charge of
$6.76 per kW. The monthly subscription credit is $.0308 per kWh attributed to
the customer, which is based on subscription share and solar energy produced.
The credit will increase each year by 1.45%. FPL estimates participants will
get a net bill reduction between three to five years and a simple payback of
five to seven years. Program demand will likely exceed capacity, as other South
Florida counties have already signed up to participate. The Office of
Resilience is helping to facilitate participation of FPL’s SolarTogether
program across County departments to catalyze sustainability efforts. PBCWUD
would like to subscribe to an annual minimum of 1,000 kW (or 1 MW) of
solar-generated electric power through FPL’s SolarTogether program, which is a
83.3 kW monthly subscription share. Funding is available in PBCWUD’s
anticipated FY2020 and ongoing budget to support the additional $6,760 annual
cost. Other County departments with FPL electricity accounts might ask to join
the program as well. Countywide (RPB)
JANUARY 15, 2019
5. REGULAR AGENDA
A. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to approve: the establishment of the 2020 Census Complete
Count Committee. SUMMARY: The 2020 Census Complete Count Committee (CCC) will be comprised of
governmental and community leaders and organizations to increase awareness and
motivate residents to respond to the 2020 Census. CCCs serve as “census
ambassador” groups that play an integral part in ensuring a complete and
accurate count of the community in the 2020 Census. Countywide (DW)
Proposed committee representatives are:
County
League of Cities
Education (School District, all colleges and
universities)
Faith-Based organizations
Media (particularly non-English)
Community-Based organizations (League of Women
Voters, HOAs, United Way, non-profit organizations)
Businesses (Economic Council and Chambers)
CareerSource
3. Staff recommends
motion to approve: an Interlocal
Agreement with the Health Care District of Palm Beach County and the Palm Beach
County Board of County Commissioners, relating to the Addiction Stabilization
Center (ASC), for the period January 15, 2019 through January 14, 2020, in an
amount not to exceed $1,000,000, for the purpose of providing a revenue
guarantee for the establishment of the ASC facility. SUMMARY: On February 6,, 2018, the Board approved the concept of an ASC
with an Emergency Room component, and authorized staff to work with the
Healthcare District and other community partners in order to find an
appropriate location for the facility and ensure its establishment in the
County. This followed an unsuccessful attempt to locate the ASC at the County’s
“Stockade” facility, due to licensing regulations in accordance with Florida’s
Agency for Health Care Administration (ACHA) and non-practical renovations that
would have been required. The ASC will provide an exemplary model that will
help address the critical and immediate need for the care of individuals
affected by opioids or other addictive substances. It will provide a central
location with an emergency room component that will allow for lifesaving
overdose intervention and a behavioral health component, which will include
immediate psychiatric identification of the best treatment to assist patients
in addressing their addiction moving forward. The Health Care District will
also open an additional Medication Assisted Treatment outpatient clinic, which
will be co-located on the property. Countywide (HH)
4. Staff recommends
motion to approve: A) the creation of two
temporary positions within the Department of Housing and Economic Sustainability
(DHES) to intake, process, underwrite and close homebuyer files through the
Workforce Housing Program (WHP), B)
a budget transfer of $100,000 from the General Fund Contingency Reserves; and C) a budget amendment of $100,000 to
the Economic Development Fund to recognize and appropriate the transfer of
funds from the General Fund Contingency Reserves. SUMMARY: County
Administration is requesting the approval of contingency funding in an amount
not to exceed $100,000 to retain dedicated staff in DHES to work on the WHP
initiative, which is very labor intensive.
DHES undertook implementation of the WHP for-sale component with its
existing staff in August 2017. As this
was a new initiative, the first major tasks included developing the WHP
operating procedures, marketing tools, program guidelines, application intake
regulations and closing processes. DHES
developed the operating infrastructure in collaboration with Planning and
County Attorney staff, the then two participating WHP developers and their
preferred lenders. In March of 2018,
DHES kicked off its mandatory WHP orientation sessions for potential buyers
and, to date, have conducted 18 such sessions at various locations. Approximately 389 prospective buyers have
gone through the orientation sessions and been certified to move through the
developer-lender qualifying processes. Thirty-seven of the certified applicants
have been subsequently income certified to purchase a WHP unit. Of which, 14 of those individuals have closed
on homes. DHES is now in the process of
holding its first WHP housing tour, which is scheduled for Saturday, January 26th
at Silverwood Estates Townhomes. Given
the intensity of the WHP program and the defined time frames by which the units
must be sold at the WHP price points, DHES existing staff has been strained
with balancing its implementation with their regular workload of administering
state and federal program initiatives.
Therefore, there is a pressing need to hire dedicated staff to perform
WHP functions and to relieve the existing staff to return to performing their
regular assignments. Staff envisions
hiring two employees on either a part time or full time basis as needed. The
ongoing need for the positions will be evaluated and addressed for further
consideration in the proposed FY2019-2020 budget process. Staff is requesting the Board’s approval. Countywide (JB)
5. Staff recommends motion to
approve: the appointment of one individual to the
Florida Atlantic Research & Development Authority (Authority) to complete
an unexpired term ending June 7, 2019:
Reappoint Seat No. Seat Requirement Nominated By
Frederick Yentz 1 PBC
Resident/Employed Commissioner Weinroth
In the Private Sector
Summary: On October 3, 1985,
the Board of County Commissioners (BCC) adopted Ordinance No. 85-32, which
created the Florida Atlantic Research & Development Authority. The Authority is comprised of seven members:
three Palm Beach County representatives, three Broward County representatives
and the President of Florida Atlantic University or designee. Representatives must be employed in the
private sector and reside in the County in which they represent. Even though this is an at-large appointment,
historically, staff has requested nominations for the Authority from the
District 4 Commissioner, and Commissioner Weinroth has nominated Frederick
Yentz. The current diversity of the two Palm Beach County representatives is:
two Caucasian males. Mr. Yentz is a Caucasian
male. Countywide (HH)
JANUARY 15, 2019
5. REGULAR AGENDA
B. FACILITIES
DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to:
A) adopt a resolution authorizing a nine month extension of the term of the Governmental
Center Lease Agreement with LJL Food Management, Inc., a Florida Corporation,
d/b/a Tina’s Café;
B) approve a sixth amendment to the Governmental Center Lease Agreement with Tina’s
Café’s (R2002-0829); and
C) direct staff to conduct a new Request for Proposal (RFP) for food service operations at the Robert
Weisman Palm Beach County Governmental Center.
SUMMARY: LJL Food
Management, Inc., d/b/a Tina’s Café, has been the food service provider
operating in the Governmental Center Parking Garage since
2005. The current Lease Agreement with Tina’s Café will expire on January
31, 2019. On October 16, 2018, (Agenda Item 5D-4) the Board did not
support staff’s recommendation to allow the lease to expire and convert the
space for use by County Departments. The Board indicated that a full
service restaurant is an important amenity for the Governmental
Center. The Board requested that Tina’s provide more detailed information
on its capital expenditures to assist the Board in deciding whether to extend the
Lease with Tina’s or issue a new RFP. On November 13, 2018, Tina’s
responded with the letter attached to this agenda item as Attachment 2 which
included a petition of support for extending the Lease with Tina’s and
identified expenses of approximately $20,000 to bring a Fire Suppression system
up to code, and cited various other maintenance expenses of $10,000 without
providing any supporting documentation. Staff reviewed Tina’s claimed
expenses against our records. On January 6, 2012 and again on February
25, 2015 Tina’s was cited by West Palm Beach Fire Department for continued code
violations associated with its fire suppression system. According to
building permits, the cost to cure these violations was $4,849. Annual
financial statements which Tina’s is required to provide identify annual
repairs and maintenance expenditures of $7,187 in 2017, $6,432 in 2016,
$12,140, in 2015 and $6,835 in 2014. Staff recommends that the County
conduct an open and competitive RFP process for selection of a food service
vendor. Typically the County promotes periodic rebidding of County
service contracts to provide opportunities to new vendors to compete for County
contracts. This vendor has been in place for 13 years.
Additionally, there is a long history of Tina’s defaulting on payment of rent
(even after rental reductions) and otherwise failing to comply with its
obligations under the lease. Currently, Tina’s is late paying rent for
December and is required to pay $6,917 of deferred rent on January 1,
2019. Conducting a new competitive RFP will identify whether other
vendors could provide better meal selection, service and pricing, and would
also ensure that the rental rate is competitive. (PREM) Countywide (HJF)
JANUARY 15, 2019
5. REGULAR AGENDA
B. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: a
Concessionaire Lease Agreement with Rick Macci Academy, Inc. d/b/a Rick Macci
Tennis Academy, a Florida corporation, for the operation of a tennis,
racquetball and pro shop concession at Burt Aaronson South County Regional Park
for $18,000/year ($1,500/month) for the period of January 15, 2019 through
January 14, 2039. SUMMARY: The Parks and Recreation Department desires
to continue to provide tennis and racquetball services at Burt Aaronson South
County Regional Park through a concession operation. The current Concessionaire Service Agreement
(R2014-1635) expired on October 31, 2018, but has been extended on a month to
month basis until this new Concessionaire Lease Agreement is finalized
(R2018-1684). A Request For Proposals
(RFP) was issued in May 2018. Proposals
were received from Rick Macci Academy, Inc., Rodriguez & Partners, LLC and
W Boca Raton Tennis Academy, LLC. A
Selection Committee reviewed the proposals and ranked Rick Macci Academy, Inc.
the highest. The guaranteed annual rent is $18,000/year ($1,500/month), with
annual 2% increases. Rick Macci Academy,
Inc. has proposed making $2,581,000 in capital improvements which includes
clear span structures, additional courts, landscaping, improvements to the
existing pro shop, and a 4,300 sf building for a fitness center, tennis museum,
snack/juice bar lounge, and pro shop.
The term of the Concessionaire Lease Agreement is for 20 years, with no
options to extend. Rick Macci Academy, Inc. has posted a $2,500 security
deposit. The Parks and Recreation
Department will manage and administer the Concessionaire Lease Agreement. Pursuant
to the extension to the term of the Concessionaire Service Agreement, dated
October 16, 2018 (R2018-1684), with Tennis Insights, Inc., a 15 day notice to
terminate the existing Concessionaire Service Agreement, effective January 15,
2019, was sent by the Parks and Recreation Department. (PREM) District 5
(HJF)
C. PUBLIC SAFETY
1. Staff recommends
motion to adopt: a resolution of the Board of County Commissioners,
Palm Beach County, Florida repealing and replacing Resolution No. R2014-1097;
Expanding the uses of Victims of Crime Emergency Support Fund. SUMMARY: Palm Beach County Victims of Crime Emergency
Support Fund (the Victim Fund), is funded by private donations, lawfully mandated
fines and penalties and revenue received from a DUI Diversion Program operated
by the Office of the State Attorney. The
purpose of the fund is for providing emergency financial assistance to victims
of crime, surviving family members and their families, staff training and
development and awareness/recognition events.
The fund currently has a balance of $543,866 and increases by
approximately $100,000 each year.
Additionally, the average amount expended per fiscal year is $25,000 due
to limitations set forth in the current resolution. It is being requested to expand the use of
the Victim Fund per fiscal year as follows:
1) Increase funds from $0 to $40,000 to support a Violent Crimes Rape
Crisis Helpline that is answered by trained counselors on a 24-hour basis to
provide active listening and supportive counseling to victims of violent crime
who are in crisis. A grant previously
funded a portion of the Helpline; however that grant no longer allocates
funding for the Helpline; 2) Increase funds from $5,000 to $40,000 for
professional development to allow additional staff to attend conferences and
trainings to maintain certifications that are a requirement of their job and to
purchase educational and training equipment/materials and to purchase equipment
and supplies for use at the sexual assault forensic exam site(s); and 3)
Increase funds from $5,000 to $15,000, for events/awareness to allow for
advertising through bus shelters, billboards, radio spots and public service
announcements to promote services for victims of violent crime. Countywide (LDC)
JANUARY 15, 2019
5. REGULAR AGENDA
C. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
February 5, 2019 at 9:30 a.m.: an ordinance of the Board of County Commissioners
of Palm Beach County, Florida, amending Chapter 17, Article XV of the Palm
Beach County Code, the “Palm Beach County
Home Caregiver Ordinance” (R2015-038); amending
Section 17-463 (Definitions); amending Section 17-464 (Home Caregiver ID
Badge); amending Section 17-465 (Disqualifications); amending Section 17-466
(Administrative Appeal); amending Section 17-468 (Penalties); providing for
repeal of laws in conflict; providing for a savings clause; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for captions; and providing for an effective date. SUMMARY: On
October 20, 2015, the Board of County Commissioners enacted the Home Caregiver
Ordinance as a way to curtail abuse, neglect, and exploitation of the
elderly and disabled persons by Home Caregivers. Issuing of ID badges began in April of 2016,
with nearly 11,000 applications processed.
Over the course of administering the ordinance and with input from the
Criminal Justice Commission Elder Abuse Prevention Task Force, several areas
were identified that require revision to improve the efficacy of the
ordinance. Highlighted revisions include
the following: 1) prohibiting the
advertisement of caregiver services without a valid Home Caregiver ID badge, 2)
defining certain terms: Home Care Business, Partner, and Home Caregiver ID badge,
3) extending exemptions to court appointed guardians and persons working under
the direction and control of specified Florida Agency for Health Care
Administration (ACHA) licensed facilities, 4) including clerk/court staff,
Florida Department of Children and Families, and Florida Department of Elder
Affairs as personnel authorized to inspect the license, 5) adding language for
processing civil citations, 6) creating a requirement for Home Care Businesses
to require each Home Caregiver to provide proof of a valid Home Caregiver ID
badge prior to assignment, 7) creating a violation for a Home Care Business to
provide or make available the services of Home Caregiver without having a Home
Caregiver ID badge, 8) creating a violation for the failure of the agency,
registry or provider to notify the Division within 15 days of the caregiver’s
ineligibility, discontinuance from employment or placement, or leave of
absence, 9) replacing the term “license” with “Home Caregiver ID badge”, and
10) adding a verification option for level two background checks using the
Agency for Health Care Administration licensing database. The proposed revisions to the Home Caregiver
Ordinance were presented to the League of Cities on November 28, 2018 with no
objections and supported by the Criminal Justice Commission on December 17,
2018. Countywide (LDC)
JANUARY 15, 2019
5. REGULAR AGENDA
D. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve:
A) an Economic Development Incentive Agreement with MobileHelp, LLC
(Company), to provide a cash grant in an amount not to exceed $45,000 over a
six year period;
B) a budget transfer of $45,000 from the General Fund Contingency Reserves
to the Department of Housing and Economic Sustainability Fund Economic
Incentive Growth Program; and
C) a budget amendment of $45,000 in the Department of Housing and Economic
Sustainability Fund to recognize the funds from the General Fund.
SUMMARY: On August 14, 2018, the Board of County Commissioners (BCC) conceptually
approved (R2018-1253) an economic development incentive for the Company
totaling $45,000. This agreement
discloses the name of the Company, MobileHelp, LLC, previously referred to as
Project Mercury. The Company provides
medical personal emergency response services. The Agreement requires the
Company to make a minimum capital investment of $3,600,000 to lease, renovate,
and equip a 41,000 square foot facility. The Company shall create 150 new jobs
over a three year period and retain 198 existing full time jobs. These new jobs must have an annualized
average wage of $53,298 excluding benefits and a median annual wage of $53,298
excluding benefits. The Company is
required to maintain the new jobs for five years from the date of creation and
will maintain the existing retained jobs for five years from the effective date
of the Agreement. The five year economic
impact is estimated to be $295 Million.
The Agreement requires a performance security in the form of either a
clean, irrevocable Letter of Credit or Cash Bond equal to the full amount of
the maximum incentive to be awarded to the Company. In addition, the Agreement states that in the
event the Company fails to satisfy job creation requirements but fulfills all
other applicable requirements, the Company shall forfeit a pro-rata share of
the incentive amount due for the number of jobs created. If the Company’s fulfillment of the job
creation requirement falls below 80%, the County has the right, in its sole
discretion to terminate the Agreement. The State of Florida approved a
Qualified Target Industry (QTI) tax refund for the Company in the amount of
$450,000. Of this amount, $360,000 is
from the State of Florida and $90,000 is a required match from local government
entities. The Company and the State
entered into an agreement for the QTI tax refund. The required $90,000 match to the QTI tax
refund will be split equally between Palm Beach County ($45,000) and the City
of Boca Raton ($45,000). The Palm Beach
County match will be provided in the form of a cash grant in an amount not to
exceed $45,000 over a six year period provided the project meets the
requirements under Florida Statute 196.012. District 4 (JB)
JANUARY 15, 2019
5. REGULAR AGENDA
D. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to:
A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding
award in the amount of $16,422 to the Community Land Trust of Palm Beach
County, Inc. (CLT) for the Kirk Road Homes project;
B) authorize the Mayor to execute a Certificate of Award to be released to the
recipient pursuant to IFAHAP Guidelines;
C) approve a budget transfer of $14,561 in Impact Fee Assistance Program – Roads
Zone 2 to appropriate funds for CLT;
D) approve a budget transfer of $1,472 in Impact Fee Assistance Program – Parks
Zone 1 to appropriate funds for CLT; and
E) approve a budget transfer of $389 in Impact Fee Assistance Program – Public
Building to appropriate funds for CLT.
SUMMARY: Since 2009, the County has authorized the use of impact fee investment
earnings from roads, parks, and public buildings to be used for affordable
housing projects. On May 14, 2018, the Department
of Housing and Economic Sustainability issued a Notice of Funding Availability
(NOFA) making $1,305,932 in IFAHAP funding available from Palm Beach County’s
Fiscal Year 2017 funding cycle. CLT
submitted a request for assistance in response to the NOFA on May 21,
2018. Staff recommends that up to
$16,422 be provided as a credit for impact fees associated with the Kirk Road
Homes project. CLT will be given credits for Roads Zone 2 Impact Fees
($14,561), Parks Zone 1 Impact Fees ($1,472) and Public Building Impact Fees
($389) for the construction of the Kirk Road Homes project. CLT will pay impact fees above the allocated
$16,422. The project is located at 2634
Kirk Road, Palm Springs, and will have two single-family units for
homeownership. According to IFAHAP requirements, both units will be sold to
households with incomes no greater than 140% of Area Median Income (AMI). The assisted units will be deed-restricted to
remain affordable for 15 years. These funds are from interest earned by
the Impact Fee Fund. District 3 (JB)
JANUARY 15, 2019
5. REGULAR AGENDA
D. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to:
A) approve a HOME Investment Partnerships (HOME)
Program funding award of $802,121 to Isles of Pahokee II, LLC (IOP);
B) approve a HOME Program funding award of $343,765 to
Adopt-A-Family of the Palm Beaches, Inc. (Adopt-A-Family);
C) direct
staff to negotiate the funding agreements; and
D) authorize the County Administrator, or designee, to
execute the funding agreements, amendments thereto, and all other documents
necessary for project implementation.
SUMMARY: Staff is requesting the Board of County Commissioners’ (BCC)
consideration of an alternate recommendation to the Selection Committee’s
recommendation related to the subject HOME Request for Proposals. On July 8, 2018, the Department of Housing
and Economic Sustainability issued Request for Proposals HES.2018.1 (RFP)
making $1,145,886 in HOME Program funds available for the creation of
affordable rental housing through new construction or rehabilitation, with or
without acquisition. A selection committee
consisting of five voting members met at a public meeting held on September 26,
2018, and recommended that: a) IOP
be awarded $572,943 (50%) of the funds for the rehabilitation of six of 129
units known as the Isles of Pahokee Phase II in Pahokee; b) Adopt-A-Family be awarded $343,765 (30%) of the funds for the
new construction of four of 14 housing units known as Third Avenue Homes in
Lake Worth; and c) Neighborhood
Renaissance Inc. be awarded $229,178 (20%) of the funds for the construction of
four of a 36 unit multi-family rental complex known as Mango Cove in
unincorporated Palm Beach County. Staff is recommending the BCC awards the
$1,145,886 among two of the projects as follows: $802,121 (70%) for IOP, as it
was the highest ranked project by the selection committee and is located in the
Glades region where there is a critical need for senior housing, and $343,765
(30%) to Adopt-A-Family. No funding is recommended for Mango Cove as in 2016,
the project was fully funded in part with the use of program income from the
sale of foreclosed homes NRI purchased and rehabilitated with a $12M
Neighborhood Stabilization Program 2 allocation approved by the BCC in 2011.
The BCC has the sole authority to modify, reject, or approve funding
recommendations under the RFP. Agencies
approved for the HOME allocations by the BCC would be provided the funds in the
form of a repayable loan. The HOME funded units will be rented to households
with incomes no greater than 80% of Area Median Income (AMI). To facilitate
project implementation, staff requests authorization for the County
Administrator, or designee, to execute the funding agreements and related
documents. BCC approval of the staff recommendation is requested. These are Federal HOME Program grant
funds which require a 25% local match provided by State SHIP funds. Districts 2,3 & 6 (JB)
* * * * * * * * * * * *
JANUARY 15, 2019
A. ADMINISTRATION
1. Staff
recommends motion to approve: the
reappointment of one individual to the Health Facilities Authority for the term
of January 15, 2019 to April 30, 2023 and appointment of one individual for the
term January 15, 2019 to April 30, 2021:
Reappoint Seat
No. Seat
Requirement Nominated
By Gerald Robinson 1 Resident of PBC Mayor Bernard
Vice-Mayor
Kerner
Comm. Valeche
Comm.
Weiss
Comm.
McKinlay
Comm.
Weinroth
Appoint Seat
No. Seat
Requirement Nominated
By James Carroll 2 Resident of PBC Comm. Valeche
OR
Appoint Seat
No. Seat Requirement Nominated By Yolette Bonnet 2 Resident
of PBC Mayor Bernard
Vice-Mayor
Kerner
Comm. Weiss
Comm.
McKinlay
Comm.
Weinroth
SUMMARY: Per Section 154.207, Florida Statutes and Resolution Nos. R77-379,
R77-398 and R92-563, the Health Facilities Authority (HFA) is composed of five
members appointed at-large by the Board of County Commissioners (BCC). A memo dated December 6, 2018 was circulated
to the BCC notifying the Board that Dr. Robinson’s term with the HFA expired on
April 30, 2018, and requesting support of Dr. Robinson’s reappointment or
asking for additional nominations. The memo additionally asked the BCC to
support either Mr. Carroll’s appointment, Ms. Bonnet’s appointment or to submit
additional nominations. No additional
nominations have been received for either of the candidates. The HFA’s current diversity is three
Caucasian (100%): two females and one male.
Mr. Robinson and Mr. Carroll are Caucasian male and Ms. Bonnet is an
African-American female. Staff
is continuously working towards increased diversity. Countywide (HH)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JANUARY 15, 2019
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."