March 12, 2019
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MARCH 12, 2019
PAGE ITEM
8 2C-3 REVISED
SPONSOR: Proclamation declaring March 25-31, 2019 as National Farmworker
Awareness Week in Palm Beach County (Sponsored by Commissioner Weinroth Weiss)
8 2C-5 DELETED: MOVED
TO OFF-SITE: Proclamation declaring March 18, 2019 as Crohn’s and
Colitis Awareness Day in Palm Beach County (Sponsored by Commissioner Weinroth)
27 3H-1 REVISED MOTION AND SUMMARY: Staff
recommends motion to approve: A) budget
transfer of $2,900,000 within the Law Enforcement Impact Fee Fund; and B) contract with
Song + Associates, Inc., in the amount of $677,280 to provide professional
engineering and architectural consultation as well as services necessary to
complete the required scope of work for the Palm Beach County Sheriff’s Office
(PBSO) headquarters (HQ) annex facility project for a period of two
years or until the construction is complete, whichever is longer. SUMMARY:
This The PBSO HQ Annex Facility is an identified component
of the Law Enforcement Facilities Master Plan and Phase I timing critical to
the timely execution of the PBSO HQ Renewal/Replacement/Renovation project
funded from Infrastructure Sales Tax… The prime consultant is a certified M/WBE
utilizing three sub-consultants that are SBE and no sub-consultants that are
M/WBE. The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance is 15%. This consultant proposed and agreed to provide
77.4% SBE participation. Song
+Associates is a local firm and will be using local sub-consultants for 77.4%
of the work. Funding for this contract
is from Law Enforcement Impact Fees. These funds are reflected in the adopted
Capital Improvement Program for allocation to the project in FY 20, but are
being advanced through this budget transfer due to their immediate availability
and to fully cover the actual contract amount.
The balance of the funds will remain available for use toward
construction. The total Phase I project budget is $6,200,000. (FDO)
28 3H-2 REVISED SUMMARY: Funding for this project is from Fire Rescue Impact Fees. A re-use is
the equivalent of a sole source not requiring a separate Consultant Competitive
Negotiations Act (CCNA) solicitation.
Sole source procurements are exempt from the Equal Business Opportunity
Ordinance. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance for this contract is 15%. The consultant has agreed offered
to provide 78.45% SBE participation and has provided Schedule 1 and 2’s
supporting that participation. Staff
will track and report actual participation achieved. Stephen L. Boruff, AIA Architects &
Planners, Inc. is a local business, certified SBE and is utilizing four
sub-consultants that are SBE and one subconsultant that is Minority/Woman
Business Enterprise. (FDO)
35 3L-2 REVISED
MOTION: Staff recommends motion to: A) approve the Waterways Assistance Program (WAP) grant application
to the Florida Inland Navigation District (FIND) to fund up to $740,022 or 50%
of construction costs for the Sawfish Island Restoration Project (Project); C) authorize
the Director of Environmental Resources Management delegation of authority
to serve as Liaison Agent with FIND for the Project and submit the WAP grant
application; and (ERM)
41 3S-5 REVISED SUMMARY: On August 15, 2017, the Board approved an
Interlocal Agreement (R2017-1072) with the School Board of Palm Beach County
authorizing the Fire Rescue Administrator or designee to execute standard
lease agreements for use of Wellington Community High School for recruiting,
testing, training and graduation/promotion ceremonial purposes. Lease ID: LID‑2019‑2191‑1021
was entered into to secure a location for the Fire Rescue Captain’s promotional
exam on December 15, 2018. Pursuant to the term of the Interlocal Agreement,
paragraphs 1, 3, 5(m), 5(n), 9, 14, 15 and 16, and the last sentence of
Paragraph 11 of the terms and conditions of the School Board’s standard lease
agreement do not apply. (Fire Rescue)
60 5E-2 REVISED SUMMARY: As a result, that specific scope was removed
and issued as a concurrent Amendment No. 2 funded through ad valorem
funds. Amendment No. 1 has 11.21% DBE
participation and Amendment No. 2 has 0% SBE participation. If the County had not separated Amendment No.
2, Morganti would have achieved 10.43% DBE participation. Regardless of the
County’s ultimate decision to split the project into two separate amendments,
The Morganti Group, Inc., has conducted good faith efforts to meet the federal
and contract requirements and hence staff’s recommendation to award. (FDO)
61 5E-3 DELETED FOR FURTHER STAFF REVIEW: Staff recommends motion to conceptually
approve: a request by
the Town of Lake Park (Town) to provide a one year extension of the timeframe
for performance of certain Town obligations under the existing Lake Park Marina
Redevelopment Interlocal Agreement with the County (R2010-1943) to allow for
the issuance of a Request for Proposals (RFP) for redevelopment of the Town’s
Marina property. (FDO)
62 5G-1 REVISED SUMMARY: The BCC continued this item to
March 12, 2019 as it relates to the Home Caregiver Ordinance item that was
also continued. and directed staff to research funding opportunities to
help offset licensing costs to the home caregivers. The Home Caregiver
Ordinance provides that the Board of County Commissioners shall establish by
resolution certain licensing, renewal, and replacement fees. (Public Safety)
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
MARCH 12, 2019
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL/SPECIAL PRESENTATIONS/BCC
AND STAFF COMMENTS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 8)
D. Staff
Comments (Page 9)
E. Commissioner
Comments (Page 10)
3. CONSENT AGENDA (Pages 11-50)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 51-56)
5. REGULAR AGENDA (Pages 57-62)
6. BOARD APPOINTMENTS (Page 63)
7. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
64)
8. ADJOURNMENT (Page 65)
* * * * * * * * * * *
MARCH 12, 2019
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2C-1 Women’s History Month
2C-2 Florida Bicycle Month
2C-3 National Farmworker Awareness Week
2C-4 Ninety Years of Library Services in the
Tri-Cities
2C-5 Crohn’s and Colitis Awareness Day
STAFF COMMENTS
Page 9
2D-1 Receive
and file updated Board Directive Reports
COMMISSIONER COMMENTS (Page 10)
CONSENT AGENDA
A. ADMINISTRATION
Page 11
3A-1 Reappointments
to the Health Facilities Authority
3A-2 Golf
tournament agreement with Trump International Golf Club, L.C.
Page 12
3A-3 Mayor’s
signature of letter supporting House Bill 797
3A-4 Resolution
stating opposition to oil drilling in the Florida Everglades
B. CLERK & COMPTROLLER
Page 13
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Receive
and file Clerk & Comptroller Finance records scheduled for destruction
C. ENGINEERING & PUBLIC WORKS
Page 13
3C-1 Amendment
to contract and task order with Civil Design, Inc. for the Church Street from
Limestone Creek Road to west of Central Boulevard project
Page 14
3C-2 Contract
with Propel Engineering, Inc. for the Gun Club Road from Forest Estates Drive
to Lake Worth Draining District E-3 Canal project
3C-3 Amendment
to Infrastructure Surtax Project Plan for the Lawrence Road from Boynton Beach
Boulevard to Lantana Road resurfacing project
Page 15
3C-4 Work
order with Ranger Construction Industries, Inc. for the Whitehorse Estates
subdivision resurfacing project
3C-5 Amendment
to contract with Southeast Highway Guardrail and Attenuators, LLC to add the
new Equal Business Opportunity Ordinance language
Page 16
3C-6 Amendment
to contract with AUM Construction, Inc. to add the new Equal Business
Opportunity Ordinance language
3C-7 Amendment
to contract with Gerelco Traffic Controls, Inc. to add the new Equal Business
Opportunity Ordinance language
Page 17
3C-8 Change
order with Hardrives of Delray, Inc. for construction of the shoulder barrier
wall on Roebuck Road from Jog Road to Haverhill Road and Roebuck Road/Jog Road
Intersection
3C-9 Resolution
authorizing approval of the Florida Department of Transportation County
Incentive Grant Program for the right-of-way acquisition of Military Trail and
Forest Hill Boulevard intersection improvements
3C-10 Contract
with J.W. Cheatham, LLC for the construction of Mack Dairy Road from Indiantown
Road to 200’ north of Old Indiantown Road project
MARCH 12, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
D. COUNTY ATTORNEY
Page 18
3D-1 Receive
and file official transcript for the closing of the Industrial Development
Revenue Bonds related to the Raymond F. Kravis Center for the Performing Arts,
Inc. project
3D-2 Settlement
agreement with Richard Rosales
3D-3 Settlement
agreement with C&D Construction, Inc.
E. COMMUNITY SERVICES
Page 19
3E-1 Appointments to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency Council
3E-2 Appointment to the Community Action Advisory
Board
Page 20
3E-3 Agreement
with the Area Agency on Aging for in-home and community based services to
seniors
3E-4 Amendment
with CareerSource Palm Beach County, Inc. for technical training services to
low-income participants
Page 21
3E-5 Amendment
to contract with Southeast Florida Behavioral Health Network, Inc. related to
substance use disorders
F. AIRPORTS
Page 21
3F-1 Receive and file extensions of time with the
Florida Department of Transportation for improvements at Palm Beach
International Airport and the Lantana Airport
Page 22
3F-2 Receive and file award modification related
to law enforcement services at Palm Beach International Airport
3F-3 Amendment with Palm Auto Plaza, LLC extending
the term from 10 to 15 years
3F-4 Declaration
of Sidewalk Easement with Drive Shack Palm Beach LLC for construction and
maintenance of sidewalk improvements
Page 23
3F-5 License
Agreement with the United States of America, acting by and through the
Secretary of the Navy, Naval Facilities Engineering Command Southeast for
overflow vehicle parking at Palm Beach International Airport
3F-6 Receive
and file Access Agreement with Nutting Environmental of Florida, Inc. and
Nutting Engineers of Florida, Inc. for due diligence inspections
3F-7 Easement
Agreement with Comcast Cable Communications Management, LLC for cable services
at the Palm Beach International Airport
Page 24
3F-8 Resolution
establishing a standard form Into-Plan Fueling Services Permit
3F-9 Receive
and file a Registration for Distribution of Literature or Picketing at Palm
Beach International Airport to Vince Herrera
Page 25
3F-10 Development Site Lease Agreement with Airport Logistics Park, LLC
for development of industrial warehouse and distribution facilities located
north of Wallis Road
Page 26
3F-11 Agreement with AECOM Technical Services, Inc. for consulting
services related to the Palm Beach County Airports’ Capital Improvement Program
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 26
3G-1 Negotiated
settlement agreement with Marc Scarfone
3G-2 Receive
and file financial statements and management letter from the Boynton Beach CRA
Page 27
3G-3 Tax
Deed Surplus Distribution Agreement with the Clerk and Comptroller
MARCH 12, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 27
3H-1 Contract
with Song + Associates, Inc. for consultation services related to the scope of
work for the Palm Beach County Sheriff’s Office headquarters annex facility
Page 28
3H-2 Contract
with Stephen L. Boruff, A1A Architects & Planners, Inc. for design services
associated with Fire Rescue Station No. 40
3H-3 Resolution
to agreement of lease with Loggerhead MarineLife Center, Inc. for additional
easements for completion of construction
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 29
3I-1 Receive and file Purchase Agreement for
State Tax Credits with The Bank of Tamp for the sale of Voluntary Cleanup Tax
Credits
3I-2 Amendment to agreement with Gulfstream Goodwill
Industries, Inc. to purchase a customized vehicle to provide delivery services
to the Lewis Center
Page 30
3I-3 Receive and file amendments to agreements
with five agencies related to the CDBG program and the HOME Investment
Partnerships program
J. PLANNING, ZONING & BUILDING
Page 31
3J-1 Resolutions
authorizing a county tax exemption on three historic properties
Page 32
3J-2 Appointment
to the Land Development Regulation Advisory Board
K. WATER UTILITIES
Page 32
3K-1 Receive
and file Standard Potable Water and Wastewater Development Agreement with
Bedner Farm, Inc.
Page 33
3K-2 Contract
with V Engineering & Consulting Corp. for water system improvements in Lake
Belvedere Estates
3K-3 Work
task order with Hazen and Sawyer, P.C. for Southern Regional Water Reclamation
Facility effluent pumping improvements
Page 34
3K-4 Tower
Site License Agreement with Crown Castle South LLC for telemetry services
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 34
3L-1 Contract
with the Florida Fish & Wildlife Conservation Commission for oyster
monitoring
Page 35
3L-2 Waterways
Assistance Program grant application to the Florida Inland Navigation District
to fund construction costs for the Sawfish Island Restoration project
3L-3 Waterways
Assistance Program grant application to the Florida Inland Navigation District
to fund the Lake Worth Inlet Flood Shoal Dredging project
Page 36
3L-4 Appointments
to the Groundwater and Natural Resources Protection Board
3L-5 Work supplement to contract with The Vance
Construction Co. for the construction of mangrove island revetments at Tarpon
Cove Islands project
M. PARKS & RECREATION
Page 37
3M-1 Receive and file Entertainment Contractor
Agreements
3M-2 Receive and file Sound and Light Production
Services Contractor Agreement
3M-3 Receive and file Sponsorship Agreement
MARCH 12, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 38
3M-4 Receive and file Independent Contract
Agreements
3M-5 Memorandum of Interlocal Agreement with the
Port of Palm Beach for oversight and maintenance of the Peanut Island Coast
Guard Facility grounds
N. LIBRARY
Page 39
3N-1 Application
to the Florida Department of State, Division of Library and Information
Services for a Library Services and Technology Act Grant
S. FIRE RESCUE
Page 39
3S-1 Appointment
to the Fire Code Board of Appeals and Adjustments
Page 40
3S-2 Appointments
to the Town of Lantana Firefighters’ Pension Fund Board
3S-3 Receive and file municipal ordinances
extending participation in the Fire/Rescue Municipal Services Taxing Unit for
the Town of Lantana and the Village of Palm Springs
3S-4 Resolution conveying 150 fire rescue
self-containing breathing apparatus masks to Palm Beach State College
Page 41
3S-5 Receive and file lease agreement for use of
Wellington Community High School
U. INFORMATION SYSTEMS SERVICES
Page 41
3U-1 Updated
standard rate schedule for IT services provided by ISS to external agencies
3U-2 Interlocal agreement replacement with the
City of Jacksonville for lease of the County’s Inspector General Information
Management System
Page 42
3U-3 Rescind and replace Interlocal Agreement with
the Town of Juno Beach for network and basic telephone services
3U-4 Amendment to Interlocal Agreement with the
Town of Lake Park for additional network services
Page 43
3U-5 Rescind and replace Interlocal Agreement with
the City of Greenacres for network services
X. PUBLIC SAFETY
Page 43
3X-1 Receive
and file Emergency Medical Services grant award letter from the State of
Florida, Department of Health, Bureau of EMS to improve and expand the EMS
system
Page 44
3X-2 Receive
and file modification to subgrant agreement with the State of Florida, Division
of Emergency Management
3X-3 Receive
and five six grant adjustment notices
Page 45
3X-4 Contract
with Linda Gregard, DVM, for relief veterinary services
Z. RISK MANAGEMENT
Page 45
3Z-1 Renewal
of the County’s excess property, liability, and workers’ compensation insurance
programs
MARCH 12, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 46
3AA-1 Resolution authorizing submittal of application
for financial assistance to the Transportation Planning Agency 2019 Local
Initiatives Program for acquisition of three electric buses
3AA-2 Public Transportation Grant Agreement with the
State of Florida Department of Transportation to provide assistance to
implement the Route Performance Maximization for fixed route services
BB. YOUTH SERVICES
Page 47
3BB-1 Receive and file contract with Morgan Corbitt
for completion of the required clinical work hours
3BB-2 Contract with Friends of Youth Services for administrative support
of the Summer Camp Scholarship Program
CC. SHERIFF
Page 48
3CC-1 Receive and file grant modification with the
Office of National Drug Control Policy
3CC-2 Bureau of Justice Assistance State Criminal
Alien Assistance Program FY 2019 Grant
3CC-3 Grant award for the FY 2019 Statewide Criminal
Analysis Laboratory System project
Page 49
3CC-4 Florida Division of Emergency Management
Federally Funding Subgrant Agreement for a FY 2019 State Homeland Security
Grant program for Operation Stonegarden
3CC-5 Receive and file grant modification with the
Office of National Drug Control Policy for the Palm Beach County Narcotics Task
Force
Page 50
3CC-6 Budget transfer from the Law Enforcement Trust
Fund to fund various crime prevention programs
DD. TOURIST DEVELOPMENT COUNCIL
Page 50
3DD-1 Agreement with the Cultural Council to award
grants for small and emerging organizations, children’s and multicultural
projects
PUBLIC HEARINGS – 9:30 A.M.
A. FIRE RESCUE
Page 51
4A-1 Ordinance amending the Palm Beach County
related to the Florida Fire Prevention Code
B.
OFFICE OF FINANCIAL MANAGEMENT AND BUDGET
Page 51
4B-1 Budget amendments and
transfers for balances brought forward, other revenues, reserves and operating
expenses
C. PALM TRAN
Page 52
4C-1 Amendment of the FY 2016 Program of Projects
for Flex Funds to be used for Fare Technology Interoperability
Page 53
4C-2 Program of Project for the FY 2018 Section
5339 Grant allocation from the Federal Transit Administration
Page 54
4C-3 Multi-source funding electronic grant
application for public transportation capital and operating assistance for
public transportation related projects
Page 55
4C-4 Resolution approving the signing and
submission of the FY 2016 Section 5310 grant application for capital assistance
for the enhanced mobility of seniors and individuals with disabilities
MARCH 12, 2019
TABLE OF CONTENTS
PUBLIC HEARINGS CONTINUED
D. PUBLIC SAFETY
Page 56
4D-1 Ordinance amending the Palm Beach County Home Caregiver Ordinance
REGULAR AGENDA
A. PALM TRAN
Page 57
5A-1 Resolution
approving a Public Transportation Grant Agreement with the State of Florida
Department of Transportation for capital assistance for the acquisition of
vehicles for paratransit service
B.
PLANNING, ZONING & BUILDING
Page 57
5B-1 Approval
of seven positions for the Code Enforcement Division for increased caseload
C.
YOUTH SERVICES
Page 58
5C-1 Letter
supporting The Children’s Movement of Florida’s efforts to prioritize state
funding for early childhood development
D.
HOUSING AND ECONOMIC SUSTAINABILITY
Page 58
5D-1 Impact
Fee Affordable Housing Assistance Program to Delray Beach Housing Authority for
the Island Cove project
E.
FACILITIES DEVELOPMENT AND OPERATIONS
Page 59
5E-1 Resolution
authorizing a lease agreement with Loggerhead MarineLife Center, Inc. for
management and operation of the Juno Beach Pier
Page 60
5E-2 Amendment
to contract with The Morganti Group, Inc. for the Palm Tran South Expansion
project
Page 61
5E-3 Time
extension for the Town of Lake Park for performance obligations related to the
Lake Park Marina Redevelopment Interlocal Agreement
F.
ADMINISTRATION
Page 61
5F-1 Resolution
related to the re-evaluation of Lake Okeechobee operations by the U.S. Army
Corps of Engineers
G.
PUBLIC SAFETY
Page 62
5G-1 Resolution
repealing and replacing Resolution R2016-098 related to the Home Caregiver
Ordinance
BOARD
APPOINTMENTS (Page 63)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 64)
ADJOURNMENT (Page 65)
MARCH 12, 2019
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation declaring March 2019 as
Women’s History Month in Palm Beach County (Sponsored by Commissioner McKinlay)
2. Proclamation declaring March 2019 as
Florida Bicycle Month in Palm Beach County (Sponsored by Commissioner Valeche)
3. Proclamation declaring March 25-31,
2019 as National Farmworker Awareness Week in Palm Beach County (Sponsored by
Commissioner Weinroth Weiss)
4. Proclamation Recognizing Ninety Years
of Library Services in the Tri-Cities (Sponsored by Commissioner McKinlay)
5. Proclamation declaring March 18, 2019
as Crohn’s and Colitis Awareness Day in Palm Beach County (Sponsored by
Commissioner Weinroth)
* * * * * * * * * * * *
MARCH 12, 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 Commission Meeting, direction was given to the
County Administrator to bring back as a receive and file once a month a status
report of the board directives to date.
The categories of the board directives have been revised to now reflect
two groups: 1) In Process and 2)
Completed. The report continues to be updated on an on-going basis. Countywide (DN)
2. COUNTY
ATTORNEY
MARCH 12, 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
Request for off-site Proclamation declaring March 18, 2019 as Crohn’s
and Colitis Awareness Day in Palm Beach County
District 5 - COMMISSIONER MARY LOU BERGER
Request for off-site Proclamation declaring March 22, 2019 as All
People’s Day in Palm Beach County
District 6 - COMMISSIONER MELISSA MCKINLAY
District 7 – COMMISSIONER MACK BERNARD,
MAYOR
MARCH 12, 2019
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: the reappointment of three individuals to the Health
Facilities Authority for the term of May 1, 2019 to April 30, 2023:
Reappoint Seat No. Seat
Requirement Nominated
By
Joan Roude 3 Resident
of PBC Mayor Bernard
Commissioner
Valeche
Commissioner
McKinlay
James Howell 4 Resident
of PBC Mayor Bernard
Commissioner
Valeche
Commissioner McKinlay
Tenna Wiles 5 Resident
of PBC Mayor Bernard
Commissioner
Valeche
Commissioner McKinlay
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 January 29, 2019 was circulated
to the BCC notifying the Board of these three reappointments and requesting
their support or asking for additional nominations. No additional nominations
have been received. The HFA’s current
diversity is four Caucasian (80%) and one African-American (20%). The gender ratio (male:female) is 2:3. Staff is continuously working towards
increased diversity. Countywide (HH)
2. Staff recommends
motion to approve: Golf Tournament Agreement between Palm Beach
County, Trump International Golf Club, L.C. and the South Florida Fair and Palm
Beach County Expositions, Inc. for a one day charitable golf tournament to be
held on May 10, 2019. SUMMARY: The Development Site Lease Agreement with
the Trump International Golf Club, L.C. (TIGC), approved on September 3, 1996
(R96-1277D), allows the use of the golf course during the months of May through
October for the County to host either a single two-day, or two one-day
charitable golf tournament(s). The Golf Tournament Agreement provides for the
Trump International Golf Club to be available exclusively for the tournament to
be held on May 10, 2019. Proceeds from the tournament will benefit the John
Picano, Jr. Memorial Fund. Pursuant to the County’s policy pertaining to the
rotation schedule for selecting an organization to participate in the charity
golf tournament, District 6 has chosen the South Florida Fair and Palm Beach
County Expositions, Inc. for this year. District 5 is also in the
rotation to select a charity for a tournament in 2019. Countywide (AH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to approve: the Mayor’s signature on a letter supporting House
Bill 797, related to Public Utility Storm Protection Plans. SUMMARY: For more than a decade, utilities have been
investing to harden the electric grid, and it is indisputable that these
investments have been effective. In Palm
Beach County, we have seen significant improvements in restoring power to our
residents during the most recent storm events. Currently, the state’s
investor-owned utilities are each required to have some sort of incremental
hardening plan that is updated and reviewed every three years, but the Public
Service Commission (PSC) and utilities do not have the authority to pursue a
long-term, wide-ranging plan that would benefit all Floridians. HB 797 would
allow them to do that. Long-range planning will allow utilities to more
efficiently and effectively implement infrastructure investments. The bill
mandates that the long-range plan prioritize projects based on considerations
such as historical reliability performance and the number of customers being
served. To ensure consistent enforcement of these plans and keep overall
electric rates down for consumers, the bill will move the costs of hardening,
vegetation management and undergrounding neighborhood lines out of utility base
rates and into a new cost-recovery clause that the PSC will review every year.
Palm Beach County has been working with our community partners to ensure
that our infrastructure is hardened and that we are prepared to respond during
both pre and post storm to any natural disasters in our local community.
This legislation will provide additional tools to assist community partners in
ensuring they are ready to meet the needs of our residents during storm events.
Countywide (AH)
4. Staff recommends
motion to approve: a
resolution stating Palm Beach County’s opposition to the oil drilling
application that Kanter Real Estate LLC (Kanter) has submitted to the Florida
Department of Environmental Protection, seeking oil drilling rights on property
located in the Florida Everglades, and any future oil drilling in the Florida
Everglades. SUMMARY: The County recently learned that Kanter has submitted an application for
an oil drilling permit to the Florida Department of Environmental Protection
seeking authorization to conduct exploratory oil well drilling operations on
property in the Florida Everglades owned by Kanter. If the permit is granted, it is anticipated
that the oil drilling will exceed 11,000 feet in depth, which is well below the
area known as the Biscayne Aquifer. Palm Beach County and other local agencies
have expressed concerns about the potentially harmful effects to the Everglades
fragile ecosystem and injury to the surrounding wildlife. An oil spill or leak would have substantial
impacts on the water supply for wildlife as well as drinking water. This would also ultimately affect the state’s
fishing industry. Countywide
(AH)
MARCH 12, 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
Workshop October 23, 2018
Zoning November
26, 2018
Workshop November 27, 2018
Regular December 4, 2018
Regular December 18, 2018
Zoning January
8, 2019
Regular January 15, 2019
Zoning January
24, 2019
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to receive and file: a list of
Clerk & Comptroller Finance Department records which have met the revised
required State retention schedule and are scheduled for destruction. SUMMARY: These records have met the
required retention schedule of the Florida Division of Library and Information
Services (§28.30, §28.31, §257.36 (6))
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) the third amendment to the Civil Engineering
Annual Contract R2016-0308 (Contract) with Civil Design, Inc., (CDI) to update
language in sections 7.1, 9, 12, and 20; and
B) a task order
to the Contract with CDI in the amount of $117,876.70 for professional services for Church Street from Limestone Creek Road to
west of Central Boulevard (Project).
SUMMARY: Approval of the third amendment will update
the language of the termination section, criminal history records check
section, commercial non-discrimination section, and scrutinized companies
section to be compliant with new standards. 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 a two-lane roadway with
bike lanes and drainage improvements. The Small Business Enterprise (SBE) goal for
all contracts is 15%. CDI committed to
95% SBE participation for the Contract, and proposes 100% SBE participation for
this task order. Their overall SBE
participation to date for this contract is 91.38%. This solicitation for annual design
professionals was advertised on August 9, 2015 and August 16, 2015 according to
the SBE Ordinance in place at the time, with final selection taking place on
December 9, 2015. CDI is a certified SBE utilizing seven subconsultants that
are certified SBE firms and four that are also M/WBE certified. This Contract is scheduled for resolicitation
by March 21, 2019 pursuant to the new Equal Business Opportunity
ordinance. CDI is a Palm Beach County
based company. District 1 (LBH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve: a contract
with Propel Engineering, Inc. (PEI), in the amount of $351,833.23 for professional engineering services for Gun
Club Road from Forest Estates Drive to Lake Worth Drainage District E-3 Canal
(Project). SUMMARY: Approval of this contract will provide
professional engineering and surveying services necessary for the preparation
of complete design plans and construction bid documents for the Project.
The scope of work consists of widening the existing two-lane roadway to a
three-lane roadway, with bike lanes in each direction. The proposed typical section will consist of
one 11-foot lane in each direction, an 11-foot two-way center left turn lane,
five-foot bike lanes in each direction, with curb and gutter and sidewalk. The
scope of work also includes an exclusive westbound right turn lane with a
signalized intersection at the entrance to the Melaleuca Elementary School. The Small Business Enterprise (SBE) goal for
all contracts is 15%. This
solicitation for design professionals was advertised on February 11, 2018 and
February 18, 2018 according to the SBE Ordinance in place at the time with
Final Selection taking place on May 23, 2018. The prime consultant is a
certified SBE/MWBE utilizing four subconsultants that are SBE/MWBE. This consultant agreed to provide 100% SBE
participation. The SBE participation committed for the Project by PEI is 100%
overall. PEI is a Palm Beach County based company.
District 2 (LBH)
3. Staff recommends
motion to approve:
A)
an amendment to the
Infrastructure Surtax (IST) Project Plan approved by the Board of County
Commissioners (BCC) on April 4, 2017, to increase the budget for the Lawrence
Road from Boynton Beach Boulevard to Lantana Road resurfacing project (Project)
from $1,600,000 to $1,850,000; and
B)
a budget transfer of
$250,000 within the Infrastructure Sales Tax Fund from reserves to increase the
budget for the Project.
SUMMARY:
Approval of the amendment and budget transfer will increase the funding
for the Project from $1,600,000 to $1,850,000. The increase in funding is
needed to address drainage repair and roadway restoration issues that were
encountered at the inception of the Project. The $250,000 increase will be
transferred from the Engineering Department’s IST Reserve account. The Sales
Tax Oversight Committee reviewed this request at their February 21, 2019
meeting and approved it unanimously. This
project is funded through the infrastructure sales tax. Districts 3
& 4 (LBH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to approve:
A) Work Order 2018051-16 in the amount of $525,000 to mill and resurface
the residential streets within the Wynnewood Acres subdivision utilizing Palm
Beach County’s (County) annual asphalt milling and resurfacing contract
R2018-1533 (Contract) with Ranger Construction Industries, Inc. (Ranger); and
B)
Work Order 2018051-17 in
the amount of $440,000 to mill and resurface the residential streets within the
Whitehorse Estates subdivision utilizing the County’s Contract with Ranger.
SUMMARY: Approval of these work orders will allow the contractual services
necessary to construct the improvement for each project. Per County PPM
CW-F-050, these work orders exceed the $200,000 threshold for staff approvals
of work orders to annual contracts, thus requiring approval from the Board of
County Commissioners (BCC). Prior to this work order, approximately $4 million
of Ranger’s $16 million Contract has been spent or encumbered. This annual
construction bid was solicited on July 8, 2018, prior to the effective date of
the Equal Business Opportunity Ordinance and pursuant to the Small Business
Enterprise (SBE) Ordinance requirements. On October 16, 2018, the BCC approved
the Contract with Ranger to provide milling and resurfacing of County roadways
for countywide projects. Ranger proposed 15% SBE participation for the Contract
and for these two work orders. Ranger’s three subcontractors are not M/WBE.
Approval of these work orders will result in a cumulative SBE participation of
15% for all the work orders issued under the Contract. Districts 2 & 6 (LBH)
5. Staff recommends
motion to approve: a second amendment to the annual guardrail contract
R2017-0233, Project No. 2017052, dated March 14, 2017, with Southeast Highway
Guardrail and Attenuators, LLC (Southeast) to increase the amount of the
contract by $768,500, extend the expiration date from March 13, 2019 to March
13, 2020, and add the new Equal Business Opportunity (EBO) Ordinance language
to the contract. SUMMARY: Approval of this second amendment will
increase Southeast’s contract from $800,000 to $1,568,500. This increase is
based on the estimated additional amount to be expended for guardrail
maintenance and replacement throughout Palm Beach County by the user departments. To date, tasks in the amount of
$743,782.68 have been authorized for Southeast. This second amendment will also
add the new EBO Ordinance language to the contract. This contract was presented
to the Goal Setting Committee on February 6, 2019 and a waiver of Affirmative
Procurement Initiative was approved based upon sufficient qualified Small/Minority/Women
Business Enterprises (S/M/WBEs) providing the goods or services required by the
contract are unavailable in Palm Beach County despite every reasonable attempt
to locate them. This is the second of two allowable renewals under this
contract. After this renewal, this contract will be resolicited. Countywide (LBH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve: a second amendment to the annual traffic loops
contract R2017-0232, Project No. 2017050, dated March 14, 2017, with AUM
Construction, Inc. (AUM), to increase the amount of the contract by $450,000,
extend the expiration date from March 13, 2019 to March 13, 2020 and add the
new Equal Business Opportunity (EBO) Ordinance language to the contract. SUMMARY:
Approval of this second amendment will increase AUM’s contract from $1,350,000
to $1,800,000 and extend the expiration date from March 13, 2019 to March 13,
2020. The increased contract amount is based on updated estimates of the
current contract amounts to be expended throughout Palm Beach County. This
second amendment will also add the new EBO Ordinance language to the contract. To
date, AUM has performed $788,000 in task orders. This contract was presented to
the Goal Setting Committee on February 6, 2019 and a waiver of Affirmative
Procurement Initiative was approved based upon sufficient qualified
Small/Minority/Women Business Enterprises (S/M/WBEs) providing the goods or
services required by the contract are unavailable in Palm Beach County despite
every reasonable attempt to locate them. This is the second of two allowable renewals under this contract. After
this renewal, this contract will be resolicited. Countywide (LBH)
7. Staff recommends
motion to approve:
A)
a second amendment to the
annual traffic signal contract R2017-0234, Project No. 2017051, dated March 14,
2017, with Gerelco Traffic Controls, Inc. (Gerelco), to extend the expiration date from March 13,
2019 to September 13, 2019, and add the new Equal Business Opportunity (EBO)
Ordinance language to the contract;
B)
an Assignment Assumption
and Consent Agreement (Agreement) assigning the
annual traffic signal contract R2017-0235, dated March 14, 2017, from
Valiant Power South, LLC (Valiant) to
Ferreira Construction Southern Division Co., Inc. (Ferreira); and
C)
a second amendment to the
annual traffic signal contract R2017-0235 with Ferreira, to extend the
expiration date from March 13, 2019 to September 13, 2019, and add the new EBO Ordinance
language to the contract.
SUMMARY: On February 8, 2019, Ferreira
acquired the assets of Valiant. Approval of the Agreement will allow the
assignment of the traffic signal contract with Valiant to Ferreira. Approval
of these second amendments will extend each contract’s expiration date from
March 13, 2019 to September 13, 2019 and add the new EBO Ordinance language to
the contracts. To date, tasks in the amount of $1,111,859.63 have been
authorized for Gerelco. Tasks in the amount of $333,583.55 have been authorized
for Ferreira. These contracts were presented to the Goal Setting Committee on
February 6, 2019 and a waiver of Affirmative Procurement Initiative was approved
based upon sufficient qualified Small/Minority/Women Business Enterprises
(S/M/WBEs) providing the goods or services required by the contract are
unavailable in Palm Beach County despite every reasonable attempt to locate
them. This is the second of two
allowable renewals under this contract. This is the second allowable
renewal allowed under these contracts. After these renewals, each contract will
be resolicited. Countywide (LBH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to approve: Change Order No. 4 with Hardrives of Delray
Inc. (Hardrives) in the amount of $19,362.75, including a time extension of 110
days, for the construction of the shoulder barrier wall on Roebuck Road from
Jog Road to Haverhill Road and Roebuck Road/Jog Road Intersection Project
R2017-1196. Per PPM CW-F-050, this change
order exceeds the time threshold relating to staff approvals of change orders
to contracts, and requires the Board of County Commissioners’ approval. SUMMARY: Approval of Change Order No. 4 will allow
Hardrives to construct the shoulder barrier wall that was redesigned to address
a conflict found in the field, and will include a time extension of 110 days (completion
date June 29, 2019) for Palm Beach County to prepare a plan revision and to
process the change order. The Small Business Enterprise (SBE) goal for all
contracts is 15%. Hardrives proposed 16%
SBE participation. Their SBE
participation for this change order is 0% and their cumulative SBE
participation to date for this contract including this change order is 3.5%.
However, Hardrives expects to meet the 15% goal by completion of the project. Districts
2 & 7 (LBH)
9. Staff recommends
motion to adopt: a resolution
authorizing approval of the Florida Department of Transportation (FDOT) County
Incentive Grant Program (CIGP) agreement and the three party escrow agreement
for the right-of-way acquisition of SR-809/Military Trail and Forest Hill
Boulevard Intersection Improvements (Project).
SUMMARY: Adoption of this
resolution will authorize approval of the CIGP and three party escrow
agreements for the Project that were signed by the Board of County
Commissioners on January 15, 2019. The
CIGP agreement allows Palm Beach County (County) to participate in right-of-way
funding for the Project with FDOT. FDOT
will acquire the right-of-way. The
estimated total cost for the Project is $10,915,794, and the County agreed to
pay its share of $5,457,897 to FDOT. Districts 2 & 3 (LBH)
10. Staff recommends
motion to approve: a contract with J.W. Cheatham, LLC (Cheatham) in the
amount of $885,066.94 for the construction of Mack Dairy Road from Indiantown
Road to 200’ north of Old Indiantown Road (Project). SUMMARY: Approval of this contract will allow Palm
Beach County (County) to issue a notice to proceed to Cheatham, a Palm Beach
County based company, to begin construction of the Project. Mack Dairy Road will be reconstructed to meet
current design standards. The existing two-lane roadway has substandard lane
and shoulder widths, and insufficient clear zone widths. Per an Interlocal Agreement with Martin
County (R2018-1323) dated September 18, 2018,
the County will provide one-third and Martin County will provide
two-thirds of the total funding necessary to construct the Project. The County
will have full responsibility for maintenance after completion of
construction. Martin County has already
provided its share of the funding to the County. This bid was solicited
on November 11, 2018 prior to the effective date of the Equal Business
Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE)
Ordinance requirements in effect at that time.
The SBE goal for all projects is 15%.
The lowest responsive, responsible bidder, Cheatham, committed to
15.1%. Of the seven subcontractors to
perform on this contract, four are certified SBE’s with participation that
equates to 15.1% of the overall SBE participation. Construction
completion is expected in late 2019. District 1 (YBH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to receive and file: the
official transcript for the closing of the $20,000,000 Industrial Development
Revenue Bonds (Raymond F. Kravis Center for the Performing Arts, Inc., Project)
Series 2018 (Bonds). SUMMARY: The official transcript for the Bonds has
been provided. This transcript should now be received and filed in the Minutes
Department. Countywide (DB)
2. Staff recommends motion to approve: a settlement agreement, inclusive of attorney’s fees and costs, in the amount of $80,000 payable by Palm Beach County in the lawsuit styled Richard Rosales v. Palm Beach County Board of County Commissioners, Case No. 502015CA010103XXXXMB (Pending Lawsuit). SUMMARY: This case stems from disciplinary action issued to Plaintiff, Mr. Rosales, who claimed that the discipline issued to him was the result of retaliation under the Florida Whistleblower’s Act, section 112.3187, Florida Statute. After conducting a jury trial, the Court entered a judgment for lost wages in favor of Plaintiff and against Palm Beach County. In addition to that, Plaintiff is entitled to his attorney’s fees as the prevailing party pursuant to Florida Statute section 112.3187(9), as well as taxable costs. Palm Beach County has entered into a tentative settlement agreement with Mr. Rosales in the total amount of $80,000, inclusive of attorney’s fees and costs, to settle not only the Pending Lawsuit and all rights to appeal, but also any other claims Mr. Rosales may have against Palm Beach County for any type of alleged civil rights violations. Staff recommends that the Board approve the settlement agreement. Countywide (AP)
3. Staff recommends
motion to approve: a settlement agreement with C&D Construction,
Inc. (C&D) in the amount of $560,000 to settle a breach of contract lawsuit
against Palm Beach County (County) for damages and a declaratory judgment
arising out of a rim canal fender system replacement project. SUMMARY: In June 2015, C&D and the
County entered into a written construction contract regarding the Point Chosen
Swing Bridge over Rim Canal Fender System Replacement, Palm Beach County
Project No. 2010906 (the Project) in Belle Glade, Florida for
$1,287,822.96. The Project was originally scheduled to be completed in
January 2016. Due to delays, it was not completed until April 5,
2018. C&D sued the County asserting that the delay was a result of
inadequate information provided by the County to C&D prior to construction,
and to recover the liquidated damages withheld by the County. C&D alleged
damages of approximately $1.635 million in addition to attorney’s fees. The
parties conditionally settled the lawsuit at mediation on February 6,
2019, for $560,000, subject to the approval of the Palm Beach County Board of
County Commissioners. Countywide (AP)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: the appointments of two members to the Palm
Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council,
effective March 12, 2019:
|
Seat No. |
Appointment |
Term Expires |
|
16 |
Matthew
Tochtenhagen |
11/06/2020 |
|
|
|
|
|
25 |
Felisha
Douglas Bowman |
3/11/2022 |
|
|
|
|
SUMMARY: The Palm Beach County HIV CARE Council (HIV
CARE Council) nominations process is an open process with publicized criteria
and legislatively defined conflict of interest standards. Mr. Tochtenhagen and
Ms. Bowman have successfully completed the HIV CARE Council’s nomination
process and the HIV CARE Council recommends these appointments. Mr.
Tochtenhagen will complete the term of Mr. McCoy, who resigned from the HIV
CARE Council. The total membership shall be no more than 33 at-large members,
per Resolution No. R2018-0015. The diversity count for the 20 seats that are
currently filled is African-American: 9 (45%), Caucasian: 8 (40%), and
Hispanic-American: 3 (15%). The gender ratio (female:male) is 12:8. Mr.
Tochtenhagen is Caucasian and Ms. Bowman is African-American. Staff conducted
targeted outreach in an effort to proffer candidates for appointments that
maintain a diverse composition of the board. (Ryan
White Program) Countywide (HH)
2. Staff recommends
motion to approve: the appointment of one member to the
Community Action Advisory Board, effective March 12, 2019:
|
Seat No. |
Appointment |
Seat Requirement |
Term Ending |
|
6 |
Norman Cushon |
Private Sector
Representative |
09/30/2019 |
SUMMARY: The total membership for the Community
Action Advisory Board (CAAB) shall be no more than 15 at-large members, per
Resolution No. R2018-0372, 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. Mr. Cushon meets all applicable
guidelines and requirements outlined in the Resolution adopted by the Board of
County Commissioners on May 6, 2014. Mr. Cushon will complete the term of Ms. Hill,
who resigned from the CAAB. Mr. Cushon has disclosed that he is employed by
CareerSource of Palm Beach County, Inc., which contracts with the County for
services. The CAAB provides no regulation, oversight, management, or policy
setting recommendations regarding contracts. Disclosure of this contractual
relationship is being provided in accordance with the provisions of Section
2-443, of the Palm Beach County Code of Ethics. The diversity count for the 13 seats that are currently filled is
African-American: 10 (77%), Caucasian: 2 (15%), and Hispanic-American: 1 (8%).
The gender ratio (female:male) is 10:3. Mr. Cushon is African-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)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve:
A)
Standard Agreement No. IA019-9500 for Older Americans Act (OAA) with the Area Agency on Aging of Palm Beach/Treasure Coast,
Inc. (AAA), for the period January 1, 2019 through December 31, 2019, to provide
services in accordance with the terms and conditions specified in this agreement
including all attachments, forms and exhibits, which constitute the agreement
document, in an amount not-to-exceed $2,335,334.19, for in-home and
community based services to seniors; and
B) budget amendment of $753,871 in
the Division of Senior Services (DOSS) Administration Fund to align the budget
to the actual grant award.
SUMMARY: The Standard Agreement will allow DOSS to
provide in-home and community based services to seniors. OAA is funded with
$2,335,334 in federal funds, $23,823 in program income and $1,686,403 in county
funds. Services are provided to eligible Palm Beach County individuals age 60
and older and their caregivers. The various services preserve the independence
of seniors and defers the need for more costly institutions. OAA has several
programs which serve seniors. The congregate meals program served 1,832 seniors
in Grant Year (GY) 2017 and 2,049 seniors in GY 2018. The home-delivered meals
program served 596 seniors in GY 2017 and 471 seniors in GY 2018. The in-home
services program served 204 seniors/caregivers in GY 2017 and 190
seniors/caregivers in GY 2018. The number of seniors served is based on the
amount of the grant and the need of clients. The budget amendment is necessary
to align the county budget with the actual grant award. DOSS is responsible for
providing services north of Hypoluxo Road. The areas of service include the
entire County, excluding portions of Districts 3, 4, 5 & 7 south of
Hypoluxo Road. The Mae Volen Senior Center, Inc. is responsible for providing
services in the areas south of Hypoluxo Road. Sufficient funding is included in
the current budget to meet county obligations. (Division of Senior Services) Countywide
except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road.
(HH)
4. Staff recommends
motion to approve: Amendment No. 1 for Consulting/ Professional
Services with CareerSource Palm Beach County, Inc. (CareerSource) (R2018-1748),
to extend the end date from March 31, 2019 to September 30, 2019, and to provide a variety of training services to
low-income participants. SUMMARY:
CareerSource is qualified to provide trades industry training and
work readiness skills training for the Community Action Program (CAP). Funding
for the contract is provided by the Community Services Block Grant (CSBG)
through the Department of Economic Opportunity (DEO). The end date is being
extended to allow CAP to serve additional clients, with no changes to the
original contract amount of $100,000. Qualified clients must be residents of
Palm Beach County and meet the federal poverty guidelines. CareerSource, in partnership with Palm Beach
State College is providing construction trades training, which includes core
classes and welding, electrician, plumbing or heating, ventilation and air
conditioning programs. The contract in its entirety will serve 25 participants,
16 are currently enrolled in class. Charles Duval,
an employee of CareerSource is a member of the Farmworker Program Advisory
Board (FPAB). The FPAB 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 new County funds are required. (Community Action Program) Countywide (HH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to approve: Amendment No. 1 to contract for Provision of
Financial Assistance with
Southeast Florida Behavioral Health Network, Inc. (R2018-1678) (SEFBHN), to
extend the end date from March 30, 2019 to May 31, 2019, for the continuation
of expanded bed capacity, treatment of substance use disorders, care
coordination and prevention programs to educate the community about the dangers
of opioid abuse. SUMMARY: On
October 16, 2018, the Board of County Commissioners (BCC) authorized staff to
continue a previous six month contract with SEFBHN to expand treatment options
in the county. A contract was successfully executed for the period October 1,
2018 through March 30, 2019. During this period of time, 227 Palm Beach County
residents received treatment and care coordination services and 163 Palm Beach
County residents received overdose prevention/education and life-skills
training. SEFBHN will continue to subcontract with agencies for the provision
of additional treatment beds, including scholarships from private treatment of
substance use disorder and detox facilities, and coordinate care for those
needing housing and employment support. Amendment No. 1 will also continue to
provide for the engagement of families with children at risk of addiction
through targeted prevention efforts. The services provided by SEFBHN will
continue to assist in leveraging existing and future federal, state, and local
funding to ensure a seamless continuum of care for residents with substance use
disorders, including co-occurring and poly substances, expand recovery support
capacity and expand the existing network of providers to best meet the needs of
the community and individuals. Linda Kane, employee of SEFBHN, is a member of
the Palm Beach County 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. (Financially
Assisted Agencies) Countywide (HH)
F. AIRPORTS
1. Staff recommends
motion to receive and file: an
extension of time to the following Joint Participation Agreements (JPA) with
the Florida Department of Transportation (FDOT):
A) Upgrade Access
Roadway Signage and Landscaping at Palm Beach International Airport, Financial
Project Number 430992-1-94-01 approved by the Board on March 22, 2016
(R2016-0330 and R2016-0331), is hereby extended until March 31, 2020;
B) Security
Improvements at Palm Beach County Park Airport, Financial Project Number
425723-1-94-01 approved by the Board on December 17, 2013 (R2013-1788 and R2013-1789),
is hereby extended until June 30, 2019; and
C) Construct Hangars
at Palm Beach County Park Airport, Financial Project Number 434600-1-94-01
approved by the Board on December 2, 2014 (R2014-1813 and R2014-1814), is
hereby extended until June 30, 2019.
SUMMARY: Delegation of authority
for execution of the above extensions of time to the JPAs with the FDOT was
approved by the BCC on October 18, 2011 (Agenda Item No. 3F11). Countywide
(AH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
2. Staff recommends
motion to:
A) receive and file an Award Modification (Modification P00008) of Law
Enforcement Officer (LEO) Reimbursement Program Other Transaction Agreement
(OTA) HSTS02-16-H-SLR765 with the Transportation Security Administration (TSA)
in the amount of $72,000 for law enforcement services at Palm Beach International
Airport (PBI) in support of the passenger screening operations at the security
checkpoints in the terminal; and
B) approve a budget amendment in the Airport’s Operating Fund,
for the receipt of $72,000 of funding from the TSA; and an increase to
Airport’s Reserve in the amount of $72,000.
SUMMARY: Delegation of authority for execution of the LEO
Agreements was approved by the BCC on August 14, 2012 (R2012-1093). Countywide
(AH)
3. Staff
recommends motion to approve: a second amendment (Amendment) to
Development Site Lease Agreement with Palm Auto Plaza, LLC d/b/a Palm Beach
Toyota (Palm Auto) (R2014-0037, as amended) (Lease), extending the initial term
from 10 to 15 years, adding one additional five-year renewal term, and
providing for additional rental adjustments based on appraisal. SUMMARY: Palm Auto leases approximately
666,825 square feet of ground at 200 South Congress Avenue, south of the Palm
Beach International Airport, for the development and operation of a retail
automotive sales and service facility. The Lease provides for an initial term
of ten years, plus four five-year renewal options for a total term of 30
years. The Amendment extends the initial
term to 15 years and adds one additional five-year renewal option for a total
term of 40 years, if all renewal options are exercised. The Lease required Palm Auto to expend at
least $5 million in the design, construction, and installation of the initial
leasehold improvements. Palm Auto
expended more than $14.5 million and has requested an extension to the term of
the Lease in order to fully amortize its investment. The Lease provides for
adjustment of rental every three years, commencing October 1, 2019, by the Consumer
Price Index (CPI) in addition to one appraisal-only adjustment. The Amendment
adds two appraisal-only rental adjustments and provides that the first
appraisal adjustment will occur three years earlier than currently provided in
the Lease. The extension of the initial term guarantees a minimum of five
additional years of rental revenue to the County. The Amendment also updates the insurance and
scrutinized companies’ provisions. Countywide (HJF)
4. Staff
recommends motion to approve: a Declaration of Sidewalk Easement
(Declaration) by Palm Beach County and Drive Shack Palm Beach LLC (Drive
Shack), for the construction and maintenance of sidewalk improvements on a
portion of property under lease to Drive Shack on Belvedere Road at the Palm
Beach International Airport (PBI). SUMMARY:
Drive Shack is constructing a new golf-related entertainment venue on
County-owned property near the northeast corner of PBI at the intersection of
Belvedere Road and Australian Avenue pursuant to a Development Site Lease
Agreement (R2017-0939, as amended). The
City of West Palm Beach requires Drive Shack to construct a meandering sidewalk
and install landscaping adjacent to the sidewalk. The sidewalk improvements
will be placed outside of and adjacent to the Belvedere Road right-of-way on
County-owned property under lease to Drive Shack. The Declaration is required by the County’s
Engineering Department to enable public ingress and egress on the sidewalk and
to allow the County to perform maintenance and repairs, if necessary. The Declaration does not constitute a
dedication to the public. Drive Shack
will maintain and repair the sidewalk improvements and is a party to the
Declaration for the purpose of consenting and agreeing to the obligations
imposed upon Drive Shack. Countywide (HJF)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
5. Staff recommends
motion to approve: a License
Agreement (Agreement) with the United States of America, acting by and through
the Secretary of the Navy, Naval Facilities Engineering Command Southeast
(Navy), for overflow vehicle parking on unimproved property north of the Palm
Beach International Airport (PBI), commencing upon Board approval and expiring
on September 30, 2022, without charge. SUMMARY: The Agreement
provides for vehicle parking by Navy reserve personnel. The Navy conducts
drills at their facility on Marine Drive, located north of PBI, and has
requested the right to use either of two unimproved properties, located
adjacent to their facility, from time to time for overflow parking. The Navy
will submit requests when parking is needed, for approval by the Department of Airports
(DOA). Based on availability, DOA will authorize the Navy to use the property
at the northwest corner of Belvedere Road at Clubhouse Drive (Clubhouse Drive
Property) or at the northeast corner of Belvedere Road at Marine Drive
(TreeTown Property). The Agreement will
expire September 30, 2022. The Agreement is being granted to the Navy without
charge and can be terminated for convenience by the Navy or revoked by the
County at any time. Countywide (AH)
6. Staff
recommends motion to receive and file: an Access Agreement with Nutting
Environmental of Florida, Inc., and Nutting Engineers of Florida, Inc.
(collectively, Nutting), authorizing Nutting to perform due diligence inspections
on a 63.43 acre parcel of land identified as Parcel RF-1, west of the Palm
Beach International Airport (PBI), effective January 2, 2019, and expiring
April 30, 2019, at no cost. SUMMARY: Nutting will be performing
environmental audits, soil testing and surveys as a contractor to Airport
Logistics Park, LLC, Florida limited liability company (ALP), with whom a
Development Site Lease Agreement (Lease) is being negotiated by the Department
of Airports for a +39.484 acre portion of Parcel RF-1, north of Wallis
Road, between Military Trail and Haverhill Road, west of PBI. The inspections are being performed on behalf
of ALP as part of ALP’s due diligence under the Lease, and are paid for by ALP
at no cost to the County. Countywide (AH)
7. Staff recommends
motion to approve: an easement agreement
with Comcast Cable Communications Management, LLC (Comcast) for the purposes of
providing a tie point for cable services at the Palm Beach International
Airport (PBI). SUMMARY: The easement agreement will allow Comcast to
install underground coax cable and fiber-optic cabling at PBI that will serve
as a tie-point for existing services, connecting service lines that run along
Belvedere Road and Southern Boulevard. Comcast has requested this easement agreement
for the continuity of cable service provided to both existing and future
tenants at PBI. Countywide (HJF)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
8. Staff recommends
motion to adopt: a resolution of the Board of County Commissioners of
Palm Beach County, Florida; establishing a standard form Into-Plane Fueling
Services Permit (Permit); authorizing the County Administrator or designee to
execute the Permit; providing for adjustment of fees and charges; providing for
severability; and providing for an effective date. SUMMARY: The resolution establishes a new standard form Permit
for use with aeronautical support services providers who provide into-plane
fueling services to air carriers at the Palm Beach International Airport (PBI)
and authorizes the County Administrator or designee to execute the standard
form Permit on behalf of the Board.
Aircraft Service International, Inc. d/b/a Menzies Aviation (Menzies) is
currently the only provider of into-plane fueling services to the commercial
air carriers at PBI. Menzies operates
and maintains the commercial aviation fuel farm and provides into-plane fueling
services to the air carriers at PBI pursuant to a Fuel Farm Facilities Lease
Agreement with Menzies (R99-2004D, as amended).
The air carriers at PBI have expressed interest in using the services of
additional into-plane fueling service providers. The Permit will allow the
Department to authorize additional providers selected by the air carriers to
provide into-plane fueling services. The
Permit requires payment of an initial application fee of $250, an annual Permit
fee of $250, and service fees equal to 7% of gross revenues for services to
non-signatory airlines. The resolution also provides for an increase in fees
and charges in an amount not to exceed 5% per year, which may be rounded up to
the nearest whole dollar or tenth of a percentage point. Countywide (AH)
9. Staff
recommends motion to receive and file: a Registration for Distribution
of Literature or Picketing (Registration) at Palm Beach International Airport
(PBI) issued to Vince Herrera (Applicant), authorizing members of the National
Air Traffic Controllers Association (NATCA) to distribute literature at PBI,
effective January 14, 2019, and expiring January 28, 2019, at no cost. SUMMARY: The Registration authorizes
designated members of NATCA to distribute literature at PBI, in locations
designated by the Department of Airports, in accordance with the Airport Rules
and Regulations (R98-220 as amended). A copy of the literature to be
distributed is attached to the Registration.
The standard form Registration was approved by the BCC on October 3,
1995 (R95-1410). Countywide (AH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
10. Staff recommends
motion to:
A) approve
a
Development Site Lease Agreement (Lease) with Airport Logistics Park, LLC (ALP),
a Florida limited liability company, for the lease of approximately 1,723,753 square
feet (+39.57 acres) of unimproved ground located north of Wallis Road,
west of the Palm Beach International Airport (PBI), for the development of industrial
warehouse and distribution facilities in two phases, effective upon Board
approval and expiring 50 years from the date of beneficial occupancy, with an
initial annual rental of $464,616.35 for the first phase and $483,447.80 for
the second phase.
B) authorize the Director of
the Department of Airports or designee to execute, on behalf of County, the
Owner’s Affidavit, Memorandum of Lease and Ground Lessor’s Estoppel in the form
attached to the Lease; all applications and similar instruments required to
obtain necessary governmental approvals for the development of the property;
and an amendment to the Lease to reflect the final legal description based on
site plan approval.
SUMMARY: The Lease
provides for the development of an approximately 540,000 square feet of industrial
warehouse and distribution facilities in two phases. ALP will pay an initial
annual rental of $464,616.35 for the first phase and $483,447.80 for the second
phase. Rental will be adjusted every
three years, commencing October 1, 2022, subject to a consumer price index
(CPI) cap. In 2034 and 2049, rental will
be adjusted based only on appraised value with no CPI cap. The total
anticipated investment to be made by ALP is $32,000,000. The Lease is
contingent on receipt of all necessary governmental approvals. Construction of
the first phase must be completed within 24 months of the effective date of the
Lease. The second phase must be
completed within an additional 12 months. Wallis Road does not meet current
County standards and must be improved to support the development of the
adjacent County-owned properties. ALP will reimburse the County 15% of the cost
of the Wallis Road improvements in an amount not to exceed $150,000 and
construct a stormwater drainage culvert, at ALP’s sole cost, to accommodate the
stormwater runoff requirements of Wallis Road. The estimated cost of the
culvert is approximately $150,000. The Lease requires the County to deliver an
Owner’s Affidavit, Memorandum of Lease and Ground Lessor’s Estoppel for title
and financing purposes. The Department is requesting a delegation of authority
to the Department Director or designee to sign the documents required by the
Lease, applications for development approvals when the signature of the
property owner is required, and an amendment to the Lease to reflect the final
legal description based on site plan approval. ALP has committed to 15% SBE
participation in the construction of its leasehold improvements. Countywide
(HJF)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
11. Staff recommends
motion to approve: a General
Consulting Agreement with AECOM Technical Services, Inc. for a term of two years,
with two one-year renewal options in the amount of $828,984.74 for the performance of Airport General Consulting
Services related to the approved Palm Beach County Airports’ Capital
Improvement Program. SUMMARY: In order to carry out the approved Capital
Improvement Program for the County, the Department of Airports requires airport
general consulting services. In
accordance with Florida Statutes 287.055 and the Federal Aviation
Administration's Advisory Circular 150/5100-14 (current edition), AECOM
Technical Services, Inc. was competitively selected to provide these services. The
initial agreement of a potential multi-year contract in the amount of
$828,984.74 will provide the Department of Airports with the necessary
continuing professional services to implement the following services: Level 1 Tasks – Palm Beach County Department
of Airports (PBCDOA) Airfield Pavement Management System; PBCDOA Miscellaneous
Planning and Engineering Services; PBCDOA Disadvantaged Business Enterprise
(DBE) Program Outreach Services; Palm Beach International Airport (PBI)
Preliminary Scope Definition for the Interior Tenant Development Guidelines, Design
Standards and Design Review Process; PBI Airline Agreement Development and
Negotiations – Phase 3; Palm Beach County Park Airport (LNA) Southside
Redevelopment Program Phases 1 & 2 Supplemental Construction Management and
Administration Services; and Level 3 Tasks – Miscellaneous Engineering and
Planning Consulting Services. Work to be
completed under these Task III Services will be issued per the level of
authority contained in PPM CW-F-050,
by way of a separate proposal or task authorization. AECOM Technical Services, Inc.
is a Los Angeles, California based firm; however, the majority of the work to
be completed in this agreement will be completed and/or managed through their
West Palm Beach and Tampa, Florida offices in conjunction with several Palm
Beach County-based sub-consultants and firms.
A Disadvantaged Business Enterprise (DBE) goal of 18% was set for this
contract. The initial tasks to be awarded under the agreement contain DBE
participation of 8.44%. AECOM has
committed to 18% DBE participation for this agreement. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated settlement agreement for an initial payment of $5,000 and an
additional 10% of the sales price of the property if sold within five years for
the full satisfaction of a code enforcement lien that was entered against Marc
Scarfone on October 5, 2011. SUMMARY: The Code Enforcement Special
Magistrate (CESM) entered an Order on May 4, 2011 for property owned by Marc
Scarfone giving him until June 3, 2011 to bring his property located on Hamlin
Boulevard in Loxahatchee into full code compliance. The property had been cited
for uncultivated vegetation. Compliance with the CESM’s Order was not achieved
by the ordered compliance date and a fine in the amount of $100 per day was
imposed. The CESM then entered a claim of lien against Marc Scarfone on October
5, 2011. The Code Enforcement Division issued an affidavit of compliance for
the property on May 8, 2018 stating that as of May 7, 2018 the cited code
violation had been fully corrected. The total accrued lien amount through May
31, 2018, the date on which settlement discussions began, totaled $357,627.14. Marc
Scarfone has agreed to pay Palm Beach County an initial payment of $5,000 and
an additional 10% of the sales price of the property if sold within five years
for the full satisfaction of his outstanding code enforcement lien. District
6 (SF)
2. Staff recommends
motion to receive and file: Financial
Statements and Management Letter from the Boynton Beach CRA. SUMMARY: The Boynton Beach CRA has
submitted its financial statements and management letter as per Florida Statute
163.387(8). Countywide (DB)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
G. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET (Cont’d)
3. Staff recommends
motion to:
A) approve Tax Deed Surplus Distribution Agreement between County and Clerk and
Comptroller for tax certificate number 5234-2010.
B) authorize the County Administrator or designee to approve and
execute future disbursement agreements involving Tax Deed sale surplus funds to
be received by the County from the Clerk and Comptroller’s Office (Clerk) up to
a maximum total revenue of $50,000 per agreement.
SUMMARY: This disbursement agreement will allow the Clerk to disburse the Tax Deed
surplus funds being held and avoid having to file an Interpleader action when
there are competing governmental and private entities making claims on the
surplus funds. Pursuant to Chapter 197.582 Florida Statutes, all governmental
liens of record attached to a property must be paid in full first before any
non-governmental liens or judgments can participate in the distribution. For
the subject certificate number, there are four other municipalities in the
County that will be submitting the same distribution agreement for their
respective cities to have the surplus funds distributed equally. The former
owner has several properties in both unincorporated and incorporated Palm Beach
County; which it is likely that more properties will be sold through Tax Deeds.
Any future surplus funds generated from Tax Deed sales will be distributed
equally to the County and participating municipalities. Countywide (DB)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A) budget transfer of $2,900,000 within the Law Enforcement Impact Fee
Fund; and
B) contract with Song + Associates, Inc., in the amount of $677,280 to
provide professional engineering and architectural consultation as well as
services necessary to complete the required scope of work for the Palm Beach
County Sheriff’s Office (PBSO) headquarters (HQ) annex facility project
for a period of two years or until the construction is complete, whichever is
longer.
SUMMARY: This The PBSO HQ Annex Facility is an identified
component of the Law Enforcement Facilities Master Plan and Phase I timing critical
to the timely execution of the PBSO HQ Renewal/Replacement/Renovation project
funded from Infrastructure Sales Tax.
Phase I of the project consists of an approximate 12,400 sf substation
including the infrastructure and support/shared areas for a 9,200 sf expansion
for the Homeland Security/Special Operations Division in the future. Song +
Associates, Inc.’s contract provides for the design permitting and construction
administration of Phase I only on a six acre site on Jog Road, south of
Belvedere Road in West Palm Beach (Terracina civic site). A separate authorization for the Phase II
work will be presented to the Board for consideration in FY 2023. The
solicitation for design professionals was advertised on March 18, 2018
according to the SBE Ordinance in place at the time, with final selection
taking place on June 22, 2018. The prime
consultant is a certified M/WBE utilizing three sub-consultants that are SBE
and no sub-consultants that are M/WBE. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance is 15%. This consultant
proposed and agreed to provide 77.4% SBE participation. Song +Associates is a local firm and will be
using local sub-consultants for 77.4% of the work. Funding for this contract is from Law
Enforcement Impact Fees. These funds are reflected in the adopted Capital
Improvement Program for allocation to the project in FY 20, but are being
advanced through this budget transfer due to their immediate availability and
to fully cover the actual contract amount.
The balance of the funds will remain available for use toward
construction. The total Phase I project budget is $6,200,000. (Capital
Improvements Division) District 2 (LDC)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: a contract with
Stephen L. Boruff, AIA Architects & Planners, Inc. to provide
Architectural/Engineering Design Services associated with Fire Rescue Station
No. 40 in the amount of $281,590 for a period of two years or until the
contractor or project achieves final completion. SUMMARY: This contract provides for the design,
permitting and construction administration services for a two bay single story
prototypical fire station, approximately 5,500 square feet in size located on
the south side of White Feather Trail in Boynton Beach. The re-use of the prototypical design
includes adaptations needed to accommodate the new site and interior
modifications to meet current best practices for fire fighter safety and
accommodations. Funding for this project
is from Fire Rescue Impact Fees. A re-use is the equivalent of a sole source
not requiring a separate Consultant Competitive Negotiations Act (CCNA)
solicitation. Sole source procurements
are exempt from the Equal Business Opportunity Ordinance. The Small
Business Enterprise (SBE) participation goal established by the SBE
Ordinance for this contract is 15%.
The consultant has agreed offered to provide 78.45% SBE
participation and has provided Schedule 1 and 2’s supporting that
participation. Staff will track and
report actual participation achieved.
Stephen L. Boruff, AIA Architects & Planners, Inc. is a local
business, certified SBE and is utilizing four sub-consultants that are SBE
and one subconsultant that is Minority/Woman Business Enterprise. (Capital
Improvements Division) District 3 (LDC)
3. Staff recommends
motion to:
A) adopt a resolution
authorizing a fifth amendment to Agreement of Lease with Loggerhead MarineLife
Center, Inc., a Florida not-for-profit corporation (Center) to grant the Center
additional easements and to extend the deadline for commencement of
construction from November 2, 2018 to November 2, 2019, and extend the deadline
for completion of construction from November 2, 2020 to November 2, 2021;
B) approve a fifth amendment to Agreement of Lease
(Amendment); and
C) approve a Temporary Construction
Easement (TCE) for the temporary staging area for materials and equipment and a
temporary construction office trailer.
SUMMARY: On August 19,
2003 (R2003-1246), the Board approved a 30 year
Agreement of Lease with the
Center to create a scientific research and rehabilitation center for sea
turtles on 1.28 acres within Loggerhead Park in Juno Beach. On May 3, 2011 (R2011-0695), the Board
approved an expansion of the leased premises to 2.39 acres to facilitate
development of new classrooms and offices, exhibit areas, new holding and touch
tanks, additional courtyard seating, a small outdoor amphitheater and an
expanded gift shop (Expansion Project) and added milestones for fund raising
and deadlines for construction. In September of 2016 (R2016-1356), the Board
extended the fund raising milestones and the project construction commencement
date to November 2, 2017 and the completion deadline date to November 2,
2019. The Center has met the fund
raising milestones; however, a one-year extension of the construction
commencement date and completion deadline date was requested. On January 23, 2018 (R2018-0052), the Board
approved a one-year extension of the project construction commencement date to
November 2, 2018, and completion deadline date to November 2, 2020. On October
3, 2018, the Center advised staff that they are ready to proceed on their
ground breaking which they anticipate will commence in May of 2019; therefore,
they are requesting additional deadline extensions of the construction
commencement and completion dates. The
Center is also requesting the approval of temporary and permanent easements
that will be required for this project.
This Amendment extends the construction commencement date to November 2,
2019 and the completion deadline date to November 2, 2021, and grants the
Center the right to install various easements across portions of the Loggerhead
Park property. The Amendment also
deletes the TCE attached as Exhibit “C” to the second amendment of Agreement of
Lease (R2011-0695) and replaces it with the TCE attached as Attachment 4 to
this item. This TCE allows for temporary staging areas for materials and
equipment, and a temporary construction office trailer. Parks supports this
Amendment and TCE and will continue to have administrative responsibility for
the Agreement of Lease. All other terms
and conditions of the Agreement of Lease remain unchanged. (PREM) District 1 (HJF)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive
and file: a Purchase Agreement for
State Tax Credits with The Bank of Tampa for the sale of Voluntary Cleanup Tax
Credits (VCTC). SUMMARY: The attached document has been executed on
behalf of the Board of County Commissioners (BCC) by the Director of the
Department of Housing and Economic Sustainability in accordance with Resolution
R2015-1793 and Agenda Item 3I-3 as approved by the BCC on December 15, 2015,
and April 10, 2018, respectively. Under
the Purchase Agreement for State Tax Credits, The Bank of Tampa purchased a tax
credit certificate worth $52,637.26 under the VCTC Program. The purchase price of the certificates was
$47,899.91. After payment of the
brokerage commission, the County will net $44,741.67 that will replenish the
County’s Brownfields Revolving Loan Fund.
In accordance with County PPM CW-O-051, all delegated contracts,
agreements and grants must be submitted by the initiating Department as a
receive and file agenda item. The VCTC Program does not require a local
match. Countywide (JB)
2. Staff recommends
motion to approve: Amendment No. 002 to an
Agreement (R2015-0425) with Gulfstream Goodwill Industries, Inc. to allow for
the purchase of the customized vehicle it currently leases and to extend the
Agreement date until May 31, 2019. SUMMARY: On April 7, 2015, the County
entered into an Agreement (R2015-0425), as amended by Amendment 001
(R2017-0311) on March 14, 2017, with Gulfstream Goodwill Industries, Inc. (GGI)
to provide $70,000 in Community Development Block Grant (CDBG) funds. The funds were provided for the lease of a
customized vehicle to provide delivery services to the Senator Philip D. Lewis
Center (Center). GGI has $31,792
remaining from their initial $70,000 allocation and has requested the use of
these funds to exercise the option within the lease to purchase the customized
vehicle at the completion of the lease period which is March 23, 2019. Approval of this agenda item would allow for
GGI to receive a reimbursement for the purchase of the customized vehicle for
continued use as a service provider at the Center and extend the Agreement by
60 days to complete the transaction. These are Federal CDBG funds which
require no local match. Countywide (JB)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to receive
and file: the following documents:
A) Amendment 001 to the Agreement (R2018-1589) with Seagull Industries for
the Disabled, Inc., under the Community Development Block Grant (CDBG) Program;
B) Amendment 002 to the Agreement (R2018-0071) with the City of Riviera Beach,
under the CDBG Program;
C) Amendment 002 to the Agreement (R2018-0168) with the Village of Palm Springs,
under the CDBG Program;
D) Amendment 001 to the Agreement (R2018-1579) with the City of South Bay
under the CDBG Program; and
E) Amendment 002 to the Loan Agreement (R2017-1809) with Neighborhood
Renaissance, Inc., under the HOME Investment Partnerships (HOME) Program.
SUMMARY: Amendment 001 with Seagull Industries for the Disabled, Inc. increased
the number of monthly beneficiaries eligible for reimbursement. Amendment 002 with the City of Riviera Beach
revised the project completion date and monthly performance benchmarks.
Amendment 002 with the Village of Palm Springs revised certain administrative
procedures and the monthly performance benchmarks. Amendment 001 with the City
of South Bay provided for surplus funds from their Fiscal Year 2017-2018 grant
allocation to be rolled over to their Fiscal Year 2018-2019 CDBG allocation. Amendment
002 with Neighborhood Renaissance, Inc. revised the units assisted by the HOME
funds. The attached documents have been
executed on behalf of the Board of County Commissioners (BCC) by the Director
of the Department of Housing and Economic Sustainability in accordance with
Agenda Items 5C-5, 3I-3, 3I-3, 5D-1, and 5C-5, as approved by the BCC on July
10, 2018, January 23, 2018, February 6, 2018, July 11, 2017 and July 10, 2018,
respectively. In accordance with County
PPM CW-O-051, all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. The
Federal CDBG funds require no local match and the HOME grant funds are Federal
funds which require a local match provided by State SHIP funds. Districts
3, 6, 7 & Countywide (JB)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to:
A) adopt a resolution of the Board of County Commissioners of Palm
Beach County, Florida, granting a County tax exemption for 49 Palm Square,
Delray Beach;
B) approve
a restrictive covenant for 49 Palm Square, Delray Beach, requiring the
qualifying improvements be maintained during the period that the tax exemption
is granted;
C) adopt a resolution of the Board of County Commissioners of Palm
Beach County, Florida, granting a County tax exemption for 109 N. Dixie
Blvd, Delray Beach;
D) approve
a restrictive covenant for 109 N. Dixie Blvd, Delray Beach, requiring
the qualifying improvements be maintained during the period that the tax
exemption is granted;
E) adopt a resolution of the Board of County Commissioners of Palm
Beach County, Florida, granting a County tax exemption for 702 SE 1st
Street, Delray Beach; and
F) approve
a restrictive covenant for 702 SE 1st Street, Delray Beach,
requiring the qualifying improvements be maintained during the period that the
tax exemption is granted.
SUMMARY: The resolution will authorize a county
tax exemption for the following historic properties located within the City of
Delray Beach: 49 Palm Square, (property is privately owned for residential
use); 109 N. Dixie Blvd, (property is privately owned for residential use) and
702 SE 1st Street, (property is privately owned for residential
use). If granted, the tax exemption shall take effect January 1, 2019, and
shall remain in effect for ten years, or until December 31, 2028. The exemption
shall apply to 100 percent of the assessed value of all improvements to the
historic property, which resulted from restoration, renovation, or
rehabilitation of the property. The estimated total tax exempted for the ten
years ending December 31,
2028, is $125,647. Actual exemption amounts
will be based upon the Countywide Millage Rate on a yearly basis. It is
estimated that approximately $12,564 tax dollars will be exempted annually
based on the 2019 Countywide Millage Rate. Accompanying each resolution is a restrictive covenant,
which requires the qualifying improvements be maintained during the period that
each tax exemption is granted. For fiscal year 2018-2019, the BCC has approved
a total of four exemptions totaling $17,273. District 7 (RPB)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (Cont’d)
2. Staff recommends
motion to approve: appointment of one
member 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
Jaime Plana 11 Landscape
Architect The American Institute of
Architects
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. 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 16 seats
currently filled and a diversity count of Caucasian: 14 (88%),
African-American: 1 (6%), Hispanic-American 1 (6%). The gender ratio
(male:female) is 13:3. Mr. Jaime Plana is a Hispanic-American male. 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: an executed Standard Potable Water and
Wastewater Development Agreement (SDA) with Bedner Farm, Inc., SDA #14-01004-000
(District 6), Recorded in OR BK 30212 PG 1875, received during the month of
October 2018. 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. The Standard Potable Water and Wastewater
Development Agreement with Bedner Farm, Inc., SDA #14-01004-000, authorizes the
Property Owner located at Unincorporated Palm Beach County, Southeast of Duda
Road along East Lake Road, 43.70 Equivalent Residential Connections (ERC’s) for
both potable water and wastewater for five years. 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. District 6 (MJ)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: a contract
with V Engineering & Consulting Corp., for the CD03 Water Distribution
System Improvements Phase 2 Lake Belvedere Estates Project (Project) in the
amount of $1,950,000. SUMMARY: On September 12, 2018, the Water Utilities Department received 11 bids
seeking to undertake the Project. V Engineering & Consulting Corp., was the
lowest responsive responsible bidder in the amount of $1,950,000. The Project
provides for the replacement of approximately 13,600 linear feet of asbestos
cement water main varying in sizes, two aerial crossings, fire protection
improvement and approximately 130 water service conversions from the rear lot
of the residential properties to the front located within Lake Belvedere Estates
in West Palm Beach. 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 Small Business Enterprise (SBE) participation
goal established by the 2002 SBE Ordinance under which this Project was
solicited is 15% overall. The contract with V Engineering & Consulting Corp
provides for 0% overall SBE participation. The second lowest bidder, Southern
Underground Industries, Inc., met the 15% SBE goal established by the 2002 SBE
Ordinance. However, the second lowest bid was in the amount of $2,382,240.80,
which was $432,240.80 higher than the lowest responsive and responsible
bid. The price difference is 22%, which
falls outside the 10% range established for award under the 2002 SBE Ordinance.
V Engineering & Consulting Corp, is not a Palm Beach County Company. V Engineering & Consulting Corp’s
headquarters are located in Miami, Florida. This project is included in the WUD
FY19 Budget (WUD Project No.15-102) District 2 (MJ)
3. Staff recommends
motion to approve: Work Task
Order No. 1 for the Southern Region Water Reclamation Facility (SRWRF) Headworks
Screenings and Effluent Pumping Improvements Project (Project) with Hazen and
Sawyer, P.C., (R2016-0905) in the amount of $152,282.61. SUMMARY: On
July 12, 2016, the Board of County Commissioners (BCC) approved the Water
Utilities Department (WUD) Contract for Professional Consulting/Engineering
Services with Hazen and Sawyer, P.C., to provide engineering services during
design, permitting, bidding and construction phase services for the Project. Work Task Order No. 1 includes additional
construction phase services necessary to support WUD in successfully completing
the construction of the Project. The additional construction phase services
include additional progress meetings, submittal reviews and responses to
requests for information (RFIs). 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. The contract with Hazen and Sawyer, P.C.,
provided for a 20% SBE participation, which includes 20% overall M/WBE
participation consisting of 10% MBE (H), 1% MBE (B), 1% MBE (O) and 8%
MWBE. Work Task Order No.1 includes an
overall SBE participation of 0%. The cumulative participation, including Work
Task Order No. 1, is 38.15% SBE overall participation. Hazen and Sawyer, P.C., is
headquartered in New York, New York, but maintains an office in Palm Beach
County from which the majority of the work under Work Task Order No.1 will be
undertaken. The Project is included the WUD FY19 budget. (WUD Project No. 15-095) District 5
(MJ)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to approve: a Tower Site License Agreement (Telemetry Agreement)
with Crown Castle South LLC for the location of telemetry equipment for a
period of five years with four additional automatic renewals, in the amount of
$5,000. SUMMARY: In an effort to
ensure greater accuracy and efficiency in metering and the operation and
maintenance of Water Utilities Department (WUD) facilities, WUD has undertaken
the expansion of the utilization of Advanced Metering Infrastructure (AMI) in
several areas throughout the WUD service area.
WUD staff identified existing transmission facilities within the Village
of Royal Palm Beach (Village) as a potential area for siting additional
telemetry equipment. On May 15, 2018,
the Board of County Commissioners (BCC) executed an interlocal agreement (ILA)
between the County and the Village for the co-location of the telemetry
facilities (R2018-0768). The ILA
recognizes the County as the water and wastewater service provider to the
Village and provides for the County’s utilization of the Village’s rent free
area on an existing communications tower owned by Crown Castle South LLC (Crown
Castle). The proposed Telemetry
Agreement provides for the co-location of WUD telemetry equipment on the Crown
Castle communications tower. The
Telemetry Agreement is for an initial five year term and provides for four
automatic term renewals. Although the
County will not be assessed annual fees, the County is responsible for an
initial Structural Analysis Fee, Application Fee, and Inspection Fee in the sum
of $5,000. District 6 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve
a contract for Consulting/Professional Services (Contract) with the Florida
Fish & Wildlife Conservation Commission (FWC) to provide oyster monitoring
in an amount not to exceed $72,000, commencing upon execution and expiring
December 30, 2020; and
B) authorize
the County Administrator or designee to sign all future time extensions, task
assignments, certifications, and other forms associated with this contract, and
any necessary minor amendments that do not significantly change the scope of
work, terms, or conditions of this Contract.
SUMMARY: The
contract authorizes FWC to provide oyster monitoring in the Lake Worth Lagoon
(LWL) and compares oyster abundance, recruitment, and health between three
natural reefs and three man-made reefs at County restoration sites as part of
monitoring efforts described in the LWL Management Plan. The monitoring project
is funded by Vessel Registration Fees and the Manatee Protection Fund. District
3 & 7 (SF)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) approve the Waterways Assistance Program (WAP) grant application
to the Florida Inland Navigation District (FIND) to fund up to $740,022 or 50%
of construction costs for the Sawfish Island Restoration Project (Project);
B) adopt a resolution
for assistance through FIND WAP requesting $740,022 to cover a portion of the
construction of the Project;
C) authorize
the Director of Environmental Resources Management delegation of authority
to serve as Liaison Agent with FIND for the Project and submit the WAP grant
application; and
D) authorize
the County Administrator or designee to execute the Grant Project Agreement
(Agreement), as well as task assignments, certifications, standard forms, or
amendments to the Agreement that do not change the scope of work, or terms and
conditions of the Agreement, if the grant is approved.
SUMMARY: The County is submitting a grant
application, which will reimburse the County up to $740,022 for the $1,480,045
Project. If successful in receiving funding, the deadline for spending the
grant will be September 2021. The County’s share for the grant request is anticipated
from a combination of State grants, Vessel Registration Funds, and Manatee
Protection Funds. District 1 (SF)
3. Staff recommends
motion to:
A) approve the Waterways Assistance Program (WAP) grant application
to Florida Inland Navigation District (FIND) to fund up to $140,000 or 50% of
the design, planning and permitting for the Lake Worth Inlet Flood Shoal
Dredging project (Project);
B) adopt a resolution for assistance through FIND
WAP requesting $140,000 to cover a portion of the design, planning and
permitting of the Project;
C) authorize
the Director of Environmental Resources Management delegation of authority to
serve as Liaison Agent with FIND for the
Project and submit the WAP
grant application; and
D) authorize
the County Administrator or designee to execute the Grant Project Agreement
(Agreement), as well as task assignments, certifications, standard forms, or
amendments to the Agreement that do not change the scope of work, or terms and
conditions of the Agreement if the grant is approved.
SUMMARY: The County is submitting a grant application,
which will reimburse the County up to $140,000 for the $280,000 Project. If
successful in receiving funding, the deadline for spending the grant will be
September 2021. The remaining 50% of design, planning and permitting for the
Project is intended to be equally cost-shared between the County and the Marine
Industries Association if the Board of County Commissioners approves the
Memorandum of Understanding at the April 2, 2019 meeting. The County’s share
for the grant request is anticipated from a combination of State grants, Vessel
Registration Funds, and Manatee Protection Funds. District 1 (SF)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to approve: two
appointments to the Groundwater and Natural Resources Protection Board (GNRPB),
for three-year terms beginning March 12, 2019 to March 11, 2022.
Seat No. Appoint Seat
Requirement Term Ending Nominated by
2 Julia
G. Lomonico Attorney 03/11/2022 Palm Beach County
Bar
Association
5 Beth A.
Rappaport Citizen of Palm 03/11/2022 Mayor Bernard
Beach
County Comm.
McKinlay
Comm.
Valeche
Comm.
Weinroth
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. 2 be filled by an attorney and Seat No. 5 be filled
by a citizen of Palm Beach County. The GNRPB has seven seats, six seats
currently filled with a diversity count of Caucasian: 5 (85.7%),
African-American: 1 (14.3%). The gender ratio (female:male) is 2:4. Both
nominees are Caucasian females. Staff will continue to address the need to
increase diversity on our boards. Countywide (SF)
5. Staff recommends
motion to authorize: Work
Supplement No. 0649-5B to the Palm Beach County Artificial Reef &
Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0649) with The Vance
Construction Co. (Vance) at a cost not to exceed $315,000, for a term of 270
days. SUMMARY:
On May 19, 2015, the Board of County Commissioners (BCC) approved the contract
(R2015-0649) with
Vance, a Palm Beach County Small Business Enterprise (SBE). Work Supplement No.
0649-5B will authorize the construction of mangrove island revetments at Tarpon
Cove Islands (Project). At the time of contracting, the SBE participation goal
established by the SBE Ordinance (R2002-0064) was 15% overall. The SBE
participation for this Work Supplement is 100%.
Vance committed to an overall 54.94% SBE participation, but will achieve
91.85% SBE participation including this work supplement. The Project costs are
shared by the Florida Department of Environmental Protection (FDEP) 49% and the
County 51%. Funds will come from the Manatee Protection Fund and FDEP Agreement
No. LP50202 (R2017-0082). Districts 2 & 7 (DC)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following executed
Entertainment Contractor Agreements between Palm Beach County and
A)
Simply Tina LLC, Simply Tina Concert, Seabreeze Amphitheater, on
December 8, 2018;
B) William
John Gruitza, Fern Street Concert, Canyon Amphitheater, on December 15, 2018;
and
C)
Blackwood Productions LLC, Fabulous Fleetwoods Concert, Canyon
Amphitheater, on January 19, 2019.
SUMMARY: These
Entertainment Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board)
by the Director of the Parks and
Recreation Department in accordance with Resolution 2008-1109, amended by
Resolutions 2010‑0644, 2014-0168 and 2017-1367. The
Department is now submitting these agreements in accordance with County
PPM CW‑O‑051, which requires all delegated
contracts/agreements/grants to be submitted by the initiating Department to the
Board as a receive and file agenda item. Districts 1 & 5 (AH)
2. Staff recommends
motion to receive and file: the following executed Sound and Light Production
Services Contractor Agreement between Palm Beach County and Blackwood
Productions, LLC, Simply Tina Concert, Seabreeze Amphitheater, for the period
December 8, 2018, through December 9, 2018. SUMMARY: The Sound and Light Production Services
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 2009-0592,
amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368 and
2018-0179. 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 1 (AH)
3. Staff recommends
motion to receive and file: executed Sponsorship Agreement with Nostalgic America, Inc,
cash sponsorship of a series of nine Legends of the Lawn events, Canyon
Amphitheater, for the period January 1, 2019 through December 31, 2019. SUMMARY: This Sponsorship Agreement has been fully
executed on behalf of the Board of County Commissioners (Board) by the Director
of the Parks and Recreation Department and the County Administrator in
accordance with Resolution 2008-0442, amended by Resolution 2017-0102.
Sponsorship events help offer a balanced schedule of events which promote the
quality of life in the communities we serve.
The Department is now submitting this agreement in accordance with
County PPM CW-O-051, which requires all delegated contracts/agreements/grants
to be submitted by the initiating Department to the Board as a receive and file
agenda item. District 5 (AH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to receive and file: the following
executed Independent Contractor Agreements between Palm Beach County and
A) Christopher
Moreno, Knock and Roll Wheelchair Rugby Tournament Official, CMAA Therapeutic
Recreation Complex, for the period
January 18, 2019 through January 20, 2019;
B) Kristin Little, Knock and Roll Wheelchair Rugby Tournament Official,
CMAA Therapeutic Recreation Complex,
for the period January 18, 2019 through January 20, 2019; and
C)
Robert Lopez, Knock and Roll
Wheelchair Rugby Tournament Official, CMAA Therapeutic Recreation
Complex, for the period January 18,
2019 through January 20, 2019.
SUMMARY: These Independent Contractor Agreements have
been fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 94-422, amended by
Resolutions 2002-2103, 2007-0409, 2012-0168 and 2017-0822. The Department is now submitting these
Agreements in accordance with County PPM CW-O-051, which requires all delegated
contracts/agreements/grants to be submitted by the initiating Department to the
Board as a receive and file agenda item.
District 5 (AH)
5. Staff recommends
motion to approve: a Memorandum of Interlocal Agreement (MOIA)
between Palm Beach County (County) and the Port of Palm Beach (Port) for the
general oversight and maintenance of the Peanut Island Coast Guard Facility
grounds. SUMMARY: In November 1992, the Port leased the
Kennedy Bunker, located on Peanut Island, to the Palm Beach Maritime Museum, a
non-profit organization. The lease was
later expanded to include the former Coast Guard Station, boathouse and dock. The Museum programmed, operated and
maintained the property until their lease expired in 2017. In 1994, the Port leased 36 acres of land on
Peanut Island to the County for development of a park, and in 1999, the park
opened to the public. Following the
termination of the lease with the Maritime Museum in 2017, the Port initiated
discussions with the County Parks and Recreation Department for a possible long
term lease on the former Coast Guard buildings and Kennedy Bunker. In January of 2018, the Port and the County
jointly commissioned a general condition assessment of the buildings and
premises. The assessment revealed a cost estimate of between $2.5 and $4
million to bring the facilities up to code and in a general good state of
repair. The Port formed a task force to determine the best future use of the
former Coast Guard property and a plan of action to finance the required
building repairs. While these planning
discussions are ongoing, the Port requested the County enter into a MOIA for
general oversight of the property and grounds maintenance including mowing and
trash removal. The Port will remain
responsible for site security, and maintenance of the structures and dock. The Port has agreed to pay the County $5,500 annually
with a 3% annual increase to cover the costs of landscape maintenance. This MOIA shall remain in full force and
effect until a determination is made regarding the long term future use of the
property or until terminated by either party.
This agreement will assure that the property’s landscape is maintained
in similar fashion to the park grounds currently maintained by the County’s
Parks and Recreation Department. Districts
1 & 7 (AH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) approve submittal of an Application to the Florida Department of State,
Division of Library and Information Services, for a Library Services and
Technology Act Grant for an estimated amount of $106,600 with local matching funds
of $35,500 for FY 2019; and
B) authorize the County Administrator or designee to
submit the grant application electronically to the Florida Department of State,
Division of Library and Information Services.
SUMMARY: The Palm Beach County Library System is
planning to use the grant funds to purchase technology and supporting equipment
to create 13 mobile media labs. The
mobile media labs are inspired by the existing media lab at the Main Library
called Creation Station. Mobile media
labs will allow residents to do photo editing, sound mixing, video production,
scanning, and other related functions.
The sets will also include the Oculus Virtual Reality machine. Mobile media labs will be housed in library
branches and used for activities and events for residents of all ages. If the
grant is awarded, the Library Department will come back to the Board to present
an agreement with The Florida Department of State, Division of Library
and Information Services laying out all of
the terms and conditions. Countywide (AH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: an appointment
to the Fire Code Board of Appeals and Adjustments to complete the unexpired
term of David Woodside beginning March 12, 2019 through September 30, 2019, and
an appointment for a new three-year term from October 1, 2019 through September
30, 2022.
Nominee Category Seat No. Nominated
By
Kathy Cline Municipal Fire Rep 2 Vice
Mayor Kerner
Commissioner Valeche
Commissioner Weiss
Commissioner
Weinroth
Commissioner
McKinlay
SUMMARY: The Fire Code Board of Appeals and Adjustments is maintained in
accordance with the Palm Beach County Local Amendments to the Florida Fire
Prevention Code (Ordinance 2017-043). On January 8, 2019, a memo was
distributed to the Commissioners requesting nominations to this eight member
board (At-Large). This board is appointed by the Board of County Commissioners
and members serve no more than three consecutive three year terms. No other
nominations were received. The board consists of eight members, with four seats
currently filled and a diversity count of Caucasian: 4 (100%). The nominated
candidate is a Hispanic-American female. The current gender ratio (male:female)
is 4:0. Staff will continue to address the need to increase diversity on our
boards. Countywide (SB)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
2. Staff recommends
motion to approve and select:
A) John Sluth for appointment by the Town of Lantana, as Trustee, on the
Lantana Firefighters’ Pension Fund Board for a term to expire on September 28,
2020; and
B) Michael McCurdy for appointment by the Town of Lantana, as Trustee, on the Lantana
Firefighters’ Pension Fund Board for a term to expire on September 28, 2020.
SUMMARY: Pursuant to the Interlocal
Agreement (R97-1252D) Renewing Pension Agreement Relating to Firefighters’
Pension Plan (R2010-0215) with the Town of Lantana (Town), the Town is
requesting the County’s approval of its selection to appoint John Sluth and
Michael McCurdy, Town residents, to the Lantana Firefighters’ Pension Fund
Board, as Trustees, for a term expiring on September 28, 2020. Under the
Interlocal Agreement, the Town retained the power and responsibility to make
appointments to the Fund’s Board of Trustees for its Chapter 175 plan. Any
Trustee to be appointed by the Town first must be approved by the County. Mr.
Sluth and Mr. McCurdy’s current positions expired on September 28, 2018. District
7 (SB)
3. Staff recommends
motion to receive and file: a
copy of two municipal ordinances extending participation in the Fire/Rescue
Municipal Services Taxing Unit (MSTU) for the following:
A) Town of Lantana Ordinance No. O-15-2017,
extending the Town’s participation through December 31, 2027; and
B) Village of Palm Springs Ordinance No.
2018-20, extending the Village’s participation through December 31, 2028.
SUMMARY: The Fire/Rescue MSTU encompasses
the unincorporated areas of Palm Beach County plus the incorporated areas
within municipalities that have opted to join the MSTU. The County has provided
fire rescue services to the Town of Lantana as a part of the Fire/Rescue MSTU
since October 1, 2008. On November 27, 2017, the Town of Lantana adopted
Ordinance No. O-15-2017 to extend their participation in the MSTU through
December 31, 2027, for County fire rescue services through FY 2028. On January
10, 2019, the Village of Palm Springs adopted Ordinance No. 2018-20 to extend
their participation in the MSTU through December 31, 2028, for County fire
rescue services through FY 2029. A copy of each of these ordinances is being
submitted as a receive and file agenda item for the Clerk’s Office to note and
receive. Countywide (SB)
4. Staff recommends
motion to approve:
a resolution, pursuant to Section 125.38, Florida Statutes,
conveying and transferring one hundred fifty (150) fire rescue self-contained
breathing apparatus (SCBA) masks to Palm Beach State College, contingent upon
receipt of $10 consideration, which is the nominal price established by the Board
pursuant to Section 125.38, and a duly executed Acceptance of Fire Rescue
Vehicle(s) and/or Equipment form; providing for an effective date. SUMMARY: Palm Beach State College (PBSC), has
requested the County convey and transfer 150 SCBA masks for use in the fire
academy programs at Palm Beach Lakes High School and Wellington High School.
The equipment requested by PBSC has minimal useful value to the Fire/Rescue
MSTU and would provide a valuable air source to PBSC used at the high schools
as part of their firefighter skills training. This equipment is currently part
of Fire Rescue’s reserve inventory and would otherwise be scheduled for
transfer to surplus. The total estimated value of this equipment is $15,000. Countywide
(SB)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
5. Staff recommends
motion to receive and file:
fully executed Lease Agreement for the Use of School Facilities (Lease
ID: LID-2019-2191-1021) for use of Wellington Community High School on December
15, 2018. SUMMARY:
On August 15, 2017, the Board approved an Interlocal Agreement
(R2017-1072) with the School Board of Palm Beach County authorizing the Fire
Rescue Administrator or designee to execute standard lease agreements
for use of Wellington Community High School for recruiting, testing, training
and graduation/promotion ceremonial purposes. Lease ID: LID‑2019‑2191‑1021
was entered into to secure a location for the Fire Rescue Captain’s promotional
exam on December 15, 2018. Pursuant to the term of the Interlocal Agreement,
paragraphs 1, 3, 5(m), 5(n), 9, 14, 15 and 16, and the last sentence of
Paragraph 11 of the terms and conditions of the School Board’s standard lease
agreement do not apply. This lease agreement is now being submitted to the
Board as a receive and file agenda item in accordance with Countywide PPM
CW-O-051 for the Clerk and Comptroller’s Office to receive and file. District
6 (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) approve updated standard rate schedule for IT
services provided by Information Systems Services (ISS) to external agencies
effective April 1, 2019; and
B) authorize the County Administrator or designee to provide written notification
regarding the updated standard rate structure to all existing customers whose
services are effected by decreased rates.
SUMMARY: ISS
is requesting Board approval of an updated rate schedule for IT services
provided to external customers. The rate
schedule for IT services offered by ISS was developed based upon an analysis of
market pricing for similar services and will be applicable to all current and
future agreements for such services provided to external agencies. Board
approval is also requested to authorize the County Administrator or designee to provide written notification of the new
rates structure to all applicable external customers who are effected by decreased
rates.
Copies of the notification letters will be presented to the Board as a
receive and file item. Countywide
(DB)
2. Staff
recommends motion to:
A) approve replacement
Interlocal Agreement for application hosting services
with the City of Jacksonville effective September 1, 2018 for an annual revenue
total of $4,145; and
B) authorize the County
Administrator or designee to approve and execute task orders associated with
these services, up to a maximum dollar value of $50,000 per task order.
SUMMARY: The City of Jacksonville’s Interlocal
Agreement with Palm Beach County (R2015-1154) to lease a version of the
County’s Inspector General Information Management System (IGIMS) hosted on Palm
Beach County servers expired on August 31, 2018. The County recommends approving a new agreement
for three years effective September 1, 2018, which includes updated contract
terms to provide application hosting services to the City of Jacksonville. It
will generate $4,145 in annual revenues to the County. Countywide (DB)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
3. Staff recommends
motion to:
A) rescind the Interlocal Agreement R2014-0638;
B approve the replacement Interlocal Agreement for network and basic telephone services with the Town of
Juno Beach for an annual revenue of $5,160; and
C) authorize the County Administrator
or designee to approve and execute task orders associated with these services,
up to a maximum dollar value of $50,000 per task order.
SUMMARY: The Town of Juno Beach has an existing
Interlocal Agreement with Palm Beach County (R2014-0638) for network services
and has requested the addition of basic telephone service. Accordingly, the County recommends rescinding
the existing agreement and replacing it with a new agreement for a period of
one year with four automatic one-year renewals unless notice is given by either
party. This new Interlocal Agreement
includes updated contract terms to provide the increased level of network
services, internet access and basic telephone services to the Town of Juno
Beach and will generate $5,160 in annual revenues to the County, a net increase
of $3,960 annually. The Florida
LambdaRail LLC has approved connection of the Town of Juno Beach to the Florida
LambdaRail network. District 1 (DB)
4. Staff recommends
motion to approve:
A) the first amendment to Interlocal Agreement
R2018-1028 with the Town of Lake Park for additional network services for an
annual revenue of $3,600; and
B) a budget amendment of $19,747 in the General
Fund to allocate funds and recognize revenue related to one-time installation
costs.
SUMMARY: The Town of Lake
Park has an existing network services Interlocal Agreement with Palm Beach
County (R2018-1028) for network services. The agreement is for an initial term
of one year with automatic one-year renewals unless notice is given by either
party. The first amendment adds two new
locations, Art on the Park and Palm Beach County Sheriff’s Office substation to
the agreement, will generate an additional $3,600 in annual revenue to the
County and will fully reimburse the County for the one-time installation costs
at the additional sites estimated at $19,747.
The Florida LambdaRail LLC has approved connection of the Town of Lake
Park to the Florida LambdaRail network. District 7 (DB)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
5. Staff recommends
motion to:
A) rescind Interlocal Agreement R2014-1509 as amended;
B) approve the replacement Interlocal Agreement for network services with the City of Greenacres for
an annual revenue of $5,400;
C) approve a budget amendment of $134,268 in the General
Fund to allocate funds and recognize revenue related to one-time installation
costs; and
D) authorize the County
Administrator or designee to approve and execute task orders associated with
these services, up to a maximum dollar value of $50,000 per task order.
SUMMARY: The City of
Greenacres has an existing
Interlocal Agreement, as amended, with Palm Beach County (R2014-1509) for
network services and has requested connectivity for five additional locations.
The County recommends rescinding the existing agreement and replacing it with a
new agreement for a period of one year with four automatic one-year renewals
unless notice is given by either party.
This new Interlocal Agreement includes updated contract terms to provide
the increased level of network services to the City of Greenacres and will
generate $5,400 in annual revenues to the County, a net increase of $3,000 and
fully reimburse the County for one-time installation costs estimated at
$134,268 to connect the park locations. The Florida LambdaRail LLC has approved connection of the City of
Greenacres to the Florida LambdaRail network. District 2 (DB)
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) receive and file the Emergency Medical Services (EMS) County
Grant ID Code C7050 Award Letter from the State of Florida Department of
Health, Bureau of EMS to improve and expand the EMS system for the period
December 21, 2018 through December 31, 2019 in the amount of $160,789; and
B) approve a downward budget amendment of $40,899 in the EMS Grant Fund to adjust
the budget to reflect the actual grant award of $160,789.
Summary: The
EMS County Grant (CSFA #64.005) is an annual grant provided to Palm Beach
County from the Florida Bureau of EMS, to improve and expand the EMS
system. The funds are used to purchase
EMS equipment which is distributed to EMS providers and other agencies that are
eligible for EMS grant funding. On
December 4, 2018, R2018-1928 authorized the County Administrator to sign the
FY2018-2019 annual EMS county grant application. No
county matching funds are required for this grant. Countywide (LDC)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to:
A) receive and file the executed Modification #1 to Subgrant Agreement 18-DS-X1-10-60-01-246
(R2018-0318) with the State of Florida, Division of Emergency Management (FDEM)
to decrease the amount of funds by $15,359; and
B) approve a downward budget amendment of $15,359 in the Emergency Management Fund
to adjust the budget to the actual grant award.
SUMMARY: On March 13, 2018, the Board of County Commissioners received and filed
an executed Agreement (CFDA 97.067) with FDEM to receive grant funding of
$113,495 from the FY 2017 Homeland Security Grant Program (HSGP) for the period
December 11, 2017 through August 31, 2019 to conduct WebEOC administration and
training activities for the region. This
is an annual federal grant from FDEM for which $98,136 will be used to conduct
WebEOC administration and $15,359 was scheduled to be used for regional
training. This year Miami Dade held the
regional training and the State of Florida inadvertently gave the training
money ($15,359) to Palm Beach County.
Palm Beach County is now sending $15,359 back to the State of Florida
for distribution to Miami Dade for the training they conducted. R2012-1731 gave
the authority to the County Administrator, or designee, to execute these agreements
on behalf of the Board of County Commissioners. No County matching funds are
required. Countywide (LDC)
3. Staff recommends
motion to receive and file: six Grant Adjustment Notices (GAN) #017:
personnel changes; #018: publication/signage; #019 consultant rate; #020 ICJR
new grantee required webinars; #021: Practitioner Designation Training; and
#022 budget revisions with the US Department of Justice (DOJ), Office on
Violence Against Women (OVW), Grants to Improve Criminal Justice Response
Program (ICJR) (2017-WE-AX-0034), which facilitated administrative filing and
approvals through January 31, 2019. SUMMARY: As per grant guidelines, certain expenditures
and work product require approval from the OVW ICJR grant manager. The approval
process is facilitated by drafting a GAN and submitting it through the OVW’s
Grant Management web portal. GAN #017
approved the selected candidates for the vacant Therapist and Victim Advocate
positions. GAN #018 approved signage to show offices are ADA compliant in order
to increase access to services. GAN #019 approved to pay the maximum per day
consultant rate of $650 for Gender Bias Focused training. GAN #020 showed proof
that grant coordinator completed required webinars. GAN #21 approved travel for
the OVW Victim Advocate to attend the required Practitioner Designation
Training. GAN #22 approved requested budget revisions. R2014-1633 authorized
the County Administrator or designee to execute future awards, contracts,
sub-recipient agreements and sub contracts and amendments/modifications
utilizing funding from the DOJ, OVW on behalf of the Board of County
Commissioners. Countywide (LDC)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to:
A) approve a contract for Consulting/Professional
Services with Linda Gregard, DVM, for relief veterinary services at the main
shelter in an amount not to exceed $24,000 for the period March 12, 2019
through March 12, 2020; and
B) authorize the County
Administrator or designee to sign all future renewals, task assignments, and
necessary minor amendments that do not change the scope of work or terms and
conditions of the contract after approval of legal sufficiency by the County
Attorney’s Office and within budget allocations.
SUMMARY: The
Animal Care and Control Division is required to provide appropriate and
necessary veterinary services for sheltered animals. The relief veterinarian
will enable staff to maintain an acceptable number of veterinarians to handle
the volume of animals processed, especially during periods of high influx. Countywide
(SF)
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: renewal of
the County’s excess property, excess liability, and excess workers’
compensation insurance programs for the period April 1, 2019 through March 31,
2020 purchased under Contract No. 15-050/LJ through the County’s contracted
broker, Arthur J. Gallagher Risk Management Services, Inc., at a total cost
not-to-exceed $10,185,333. SUMMARY: The projected 2019-2020 excess insurance
program renewal premiums reflect a total not-to-exceed cost of $10,185,333,
which is a 3.84% increase over the expiring premium. The overall County program
remains stable; however, overall market rates are up significantly due to
numerous natural disasters recorded in the last two years. While the largest
impact is on property premiums, workers compensation, boiler and machinery and
flood all incurred minor increases. In addition, cyber liability will be
purchased as a stand-alone policy. In previous years it was included as part of
our package policy. This change allows us to increase our policy limits from $2
million to $5 million and gives us much broader coverage than in years past.
The current premiums represent a worst-case scenario and the contracted broker will
continue to negotiate with excess carriers until the April 1st
renewal date. The County’s total insurable property value currently stands at
$2.55 billion. Coverage limits contemplate probable maximum loss estimates
using various modeling scenarios and include a $1 million self-insured
retention (SIR) with a 4% windstorm deductible per insured location. The
program also includes $5 million of excess liability insurance and excess
workers’ compensation insurance covering all costs in excess of $2 million per
occurrence. All state mandated surcharges and assessments are included within
the estimated cost. Sufficient funds are budgeted for this coverage. Countywide
(HH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a
resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, authorizing the submittal of an application for financial assistance
pursuant to the Palm Beach Transportation Planning Agency (TPA) 2019 Local
Initiatives Program for funding for a proposed transportation project to
acquire three electric buses and three charging stations; agreeing to fund the
ongoing maintenance and operations expenses associated with the project; and
B) ratify the
Mayor’s signature on a letter of support for the TPA Local Initiatives grant.
SUMMARY: Palm Tran
is submitting a grant application requesting funds needed to acquire three
electric buses and three charging stations. If approved, the grant funds
will be available in Fiscal Year 2024 for Palm Tran to replace three diesel
buses that have reached their useful life with three electric buses and provide
the stations to charge the buses. The current cost of an electric bus is
$1,144,929 and the cost of a charging station is $112,500. Palm Beach
County is requesting $3,772,287 to fund this project. If awarded, there
is a 20% match, which will be met with transportation development credits granted
by Florida Department of Transportation. No County funds are required.
Palm Tran, on behalf of Palm Beach County, will submit the application
electronically to the TPA. Countywide
(DR)
2. Staff recommends
motion to:
A) adopt a
resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, approving a Public Transportation Grant Agreement (PTGA) (FM no.
444672-1-84-01) with the State of Florida Department of Transportation (FDOT),
in the amount of $893,338, to provide operating assistance for the
implementation of Route Performance Maximization (RPM) for fixed route services
in Palm Beach County;
B) approve a FY19
budget transfer of $893,338 in Palm
Tran’s Operating Fund 1340 to recognize the grant award and the decreased
transfer from the General Fund 0001; and
C) approve a FY19 budget transfer of $1,786,676 in Palm Tran’s Operating Fund 1340 to recognize the grant award; and
D) approve
a FY19 budget transfer of
$893,338 in the General Fund 0001 to decrease the transfer to Palm Tran’s
Operating Fund 1340 increase the Contingency Reserve.
SUMMARY: On
June 25, 2018, Palm Tran submitted a proposal to FDOT, under the Public Transit
Service Development Program, to request funding for projects that will improve
system efficiencies and operations. FDOT approved a grant for $893,338
and issued PTGA 444672-1-84-01 to support service increases included in
the RPM program. The service increases are currently being funded with
the existing Palm Tran budget by efficiencies implemented with the RPM.
The agreement has a match requirement of 50% ($893,338), which is included in
Palm Tran’s 2019 budget. The agreement becomes effective upon execution.
The PTGA expires December 31, 2020, unless extended. Acceptance of this grant
does not increase the BCC transfer to Palm Tran. Countywide (DR)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to receive and file: a contract for Professional Services with
Morgan Corbitt, a Postdoctoral Psychology Fellow (Fellow), to complete a
requirement of 2,000 hours of clinical work that will provide training and
experience in family and youth counseling, in the amount of $36,020, for the
period August 5, 2019 through September 30, 2020. SUMMARY: The Youth Services Department’s Residential Treatment and
Family Counseling Division (Division) is an authorized counselor training
facility for many state colleges and universities offering degrees in
psychology, social work, and other related fields. Postdoctoral programs require 2,000 hours of
supervised services in order to meet state licensing requirements. The Division
is offering its program as a location to obtain this training. The cost savings
involved with this fellowship program is financially beneficial to the County.
The Fellow, at a minimum, is assigned and completes the workload equivalent to
a Licensed Family Therapist. The base
hourly rate of a Licensed Family Therapist is $25.26 versus the hourly
fellowship contract rate of $17.76. Additionally, the Fellow will receive a
$500 stipend for health insurance. On October 3, 2006, Agenda Item 3X-2 authorized
the County Administrator or designee to execute future postdoctoral psychology
resident (n/k/a Fellow) contracts on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney’s
Office, and within budgeted allocations. The contract spans two fiscal years,
and sufficient funding is included in the current budget and in the proposed FY
2020 budget to meet county obligations.
The contract was executed early to allow the selected Fellow to make
necessary plans following graduation. Countywide (HH)
2. Staff recommends
motion to approve:
A)
a contract for
Provision of Services with Friends of Youth Services and Palm Beach County,
Inc. (Friends), f/k/a Friends of Community Services, Inc. (Contract), for the
period October 1, 2018, through September 30, 2019, pertaining to the funding
and administrative support of the Summer Camp Scholarship Program, terminating
all prior contracts, providing for four automatic annual renewals at the
County’s sole discretion, providing for $443,326 in scholarship funding and
$15,000 in administrative expenses and providing for office space at Youth
Services Department (YSD) for use by Friends as needed for file storage and
meetings; and
B) a budget transfer of $4,000 in the Department’s general fund
budget to the Summer Camp Scholarship Program to fund the additional cost
associated with this Contract.
SUMMARY: This Contract outlines the working partnership between the County and
Friends for the annual funding administration service responsibilities of the
YSD’s Summer Camp Scholarship Program (SCSP). The SCSP pays full tuition and
associated fees for eligible children to attend day camp during the summer months. Friends receives advance payments from other
funding sources prior to the SCSP start date.
As an exception to Palm Beach County Administrative Code Rule 305.02 and
County policy, approval of this Contract will allow the County to also provide
annual advance payments to Friends, establishing the necessary funding source
for Friends to pay County approved SCSP provider claims from County funds. Without this advance payment, Friends must
make payments on the County’s behalf using other funding sources whose
eligibility criteria differs from the County.
No SCSP provider claims are paid from this advance payment without prior
approval of the County and any unspent funds at the end of each program year
must be returned to the County by Friends.
The effective date of service for the above Contract submitted for
approval is prior to this meeting date. Countywide (HH)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to receive and file: Grant Modification
6, dated January 23, 2019 with the Office of National Drug Control Policy to
extend the current grant period from January 1, 2017 through December 31, 2018
to January 1, 2017 through March 31, 2019. SUMMARY: The Board of County Commissioners (BCC) accepted this grant award for
$90,354 on March 14, 2017 (R2017-0355). On August 15, 2017, the BCC accepted
Grant Modification #1, which provided an additional $67,331 in reimbursable
funding to support additional overtime expenses and equipment costs
(R2017-1089). On October 17, 2017, the BCC accepted Grant Modifications #2 and
Grant Modification #3 which combined provided an additional $50,000 in
reimbursable funding to support operating expenses. On April 10, 2018, the BCC
accepted Grant Modification #4 which provided an additional $36,619 in
reimbursable funding (R2018-0592), On August 14, 2018, the BCC accepted Grant
Modification #5 which provided an additional $38,620 in reimbursable funding
for equipment costs (R2018-1240). This Modification will extend the current
grant from December 31, 2018 to March 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 Bureau of Justice Assistance (BJA) State Criminal Alien
Assistance Program FY 2017 Grant in the amount of $62,398 for the period of
December 20, 2018, through the date all funds have been spent; and
B) approve a budget amendment
of $62,398 increasing the Sheriff’s Grants Fund.
SUMMARY: The Bureau of Justice Assistance (BJA) has
made funds available to be used for correctional purposes. These funds will be
used in accordance with the Department of Justice Reauthorization Act of 2005. There
is no match requirement associated with this award. Countywide (LDC)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a Grant Award for the
FY 2019 Statewide Criminal Analysis Laboratory System Project between the Florida Department of Law Enforcement and
the Palm Beach County Sheriff’s Office for the period of October 1, 2018
through September 30, 2019; and
B) receive
and file the first and second quarterly payments.
SUMMARY: The Florida Department of
Law Enforcement (FDLE) provides state financial assistance to five
locally-funded laboratories in the State of Florida, including Palm Beach
County. The Palm Beach County Sheriff’s
Office (PBSO) operates the Palm Beach County Crime Laboratory. This grant award
provides funding for personnel, equipment, training, and expenses to operate
the Crime Lab. The funding is provided in four quarterly payments. We received
the first and second quarterly payments totaling $177,844.74. Since the total award amount is not known in
advance, $400,000 was budgeted in the Sheriff’s Grant fund. We will amend the budget after the final
quarterly payment is received in August to reconcile the revenue. There is
no match requirement associated with this award. Countywide (LDC)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a Florida Division
of Emergency Management Federally Funded Subgrant Agreement for a FY 2018 State
Homeland Security Grant Program award for Operation Stonegarden, in the amount
of $300,000 for the period of January 15, 2019 through August, 31, 2020; and
B) approve
a budget amendment of $300,000 in the Sheriff’s Grants fund.
SUMMARY: On January 15,
2019, the Palm Beach County Sheriff’s Office (PBSO) received a FY 2018 Homeland
Security Grant Program award for Operation Stonegarden. Funds provided will be used to enhance the United States Border Patrol’s
(U.S.B.P) mission to secure the Nation’s coastline through an all-threats
layered integrated approach in collaboration with local and state law
enforcement agencies, and Border Patrol. Specifically, grant funds
will pay for overtime to reinforce our presence within local communities along
the coast; and intercepting those who have illegally crossed our borders
through highway interdiction and crime suppression operations. There is no match requirement associated
with this award. Countywide (LDC)
5. Staff recommends
motion to:
A) receive and file Grant Modification 3, dated November 27, 2018 with the Office of National
Drug Control Policy to provide an additional $24,392 in grant funds for the
Palm Beach County Narcotics Task Force; and
B) approve a budget amendment
of $24,392 in the Sheriff’s Grant Fund.
SUMMARY: The Board of
County Commissioners (BCC) accepted this grant award for $47,639 on April 10,
2018 (R2018-0593). The BCC accepted grant modification #1 award on July 10,
2018 (R2018-1051) which provided $88,473 in additional grant funding. The BCC
accepted grant modification #2 award on November 20, 2018 (R2018-1823) which
provided $18,704 in additional grant funding. This grant modification will
provide an additional $24,392 in grant funding. There is no match
requirement associated with this award. Countywide
(LDC)
MARCH 12, 2019
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
6. Staff recommends
motion to approve: a budget transfer of $135,000 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 $519,000. 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 $1,563,513.
Approval of this request will reduce the State Law Enforcement Trust Fund
balance to $1,428,513. 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 |
|
Anti-Defamation League |
$25,000 |
|
Best Foot Forward
Foundation, Inc. |
$5,000 |
|
Child Protection Team of
Palm Beach, Inc. |
$10,000 |
|
Children's Case
Management Organization, Inc. |
$5,000 |
|
FAU Center for Autism and
Related Disabilities |
$15,000 |
|
GBDC Entrepreneurship
Institute, Inc. |
$10,000 |
|
Jerome Golden Center for
Behavioral Health, Inc. |
$25,000 |
|
KidSafe Foundation, Inc. |
$5,000 |
|
Palm Beach County PAL,
Inc. |
$10,000 |
|
College for Kids, Inc.
d/b/a Take Stock in Children Palm Beach County |
$25,000 |
|
|
|
|
Total Amount |
135,000 |
DD. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve: an agreement with the Cultural Council of Palm Beach
County, Inc., in the amount of $250,000 to authorize the Cultural Council to
award grants for Category C – Level 1 (Small and Emerging Organizations,
Children’s and Multicultural projects) grants and be reimbursed for
administration costs of the grants for the period beginning on October 1, 2018
and continuing through September 30, 2019. SUMMARY: The County shall
provide an amount of $212,500 to fund Category C-Level l (Small and Emerging
Organizations, Children’s and Multicultural projects of non-profit
organizations pursuant to a process approved by County and administered by the
Cultural Council of Palm Beach County, Inc. (Council). The amount of $37,500 is allocated to the
Council to administer the grant program. Countywide (DN)
* * * * * * * * * * * *
MARCH 12, 2019
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. FIRE RESCUE
1. Staff recommends
motion to adopt: an ordinance of the Board of County
Commissioners of Palm Beach County, Florida; amending Section 12-57 of the Palm
Beach County Code, Table 1.3.8 Schedule of Fire Inspections of the Palm Beach
County Local Amendments to the Florida Fire Prevention Code; revising the
inspection schedule for certain apartments; providing for legislative findings;
providing for applicability; providing for repeal of laws in conflict; providing for severability; providing for enforcement; providing for inclusion in the Code; and providing for
an effective date. SUMMARY: Pursuant to Chapter 633, Florida Statutes,
the State Fire Marshal has adopted Rule Chapter 69A-60, Florida Administrative
Code, an updated statewide minimum firesafety code known as the Florida Fire
Prevention Code, which incorporates Florida editions of NFPA 1 Fire Code and
NFPA 101 Life Safety Code. On December 19, 2017, the Board of County
Commissioners adopted the Palm Beach County Local Amendments to the Florida
Fire Prevention Code (Local Amendments), which are set forth in Chapter 12,
Article IV, Sections 12-56 and 12-57 of the Palm Beach County Code (codifying
Ordinance 2017-043). Palm Beach County Fire Rescue desires to revise the Local
Amendments to modify the inspection schedule for certain apartments to provide
annual inspections which will enhance public safety, improve our ISO PPC
rating, and improve homeowners’ insurance rates in the future for residents
within Palm Beach County Fire Rescue’s jurisdiction. Countywide (SB)
B. OFFICE
OF FINANCIAL MANAGEMENT AND BUDGET
1. Staff recommends
motion to approve: budget amendments
and transfers in various funds reflecting adjustments for balances brought
forward, other revenues, reserves and operating
expenses. The total of the
adjustments is an increase of $154,527,764 in 172 funds. SUMMARY: These
budget amendments and transfers are necessary to adjust FY 2019 budgets to
reflect differences between actual and estimated revenues and expenditures of
FY 2018. These amendments adjust the balances brought forward, various revenue,
expenditure, and reserve accounts to their audited balances. The proposed
adjustments include $37,774,731 additional reserves in the General Fund. The adjustment is a
result of:
·
$12,411,725 net
increase in revenues, excess fees and commission refunds from Constitutional
Officers and Judicial: Sheriff’s Office $3,707,465, Clerk and Comptroller
$1,847,385, Supervisor of Elections $2,224,233, Tax Collector $2,693,289,
Property Appraiser $1,544,147, Judicial $395,206;
·
$11,896,257 BCC
department expenditures less than and revenues greater than originally
estimated;
·
$662,805 in other
agencies i.e. Commission on Ethics, Health Department, General Government, etc.
expenditures and revenues greater than originally estimated;
·
$1,363,735 in major
and other revenues greater than estimated;
·
$6,203,873 returned
to the General Fund as a result of lower health insurance costs; and
·
$4,388,151 less in
debt service costs from the General Fund due to the expiration of a debt
service reserve requirement.
FY 2020 budget projections currently assume these additional reserves
will be carried forward to balance the annual budget. Countywide (DB)
MARCH 12, 2019
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. PALM TRAN
1. Staff recommends
motion to:
A) approve the amendment of the FY 2016 Program of Projects for
Flex Funds to be used for Fare Technology Interoperability;
B) approve the
filing of a multi-source funding (Super-Grant) electronic grant application #
1098-2017-2 for Fare Technology Interoperability, with the Federal Transit
Administration (FTA), for FY 2017, 2018 Section 5307 and Flex Funds (CFDA
20.507). The Super-Grant is for capital funds allocated to Palm Beach
County Board of County Commissioners (BCC) in the amount of
$6,502,681. This is a cost reimbursable agreement that will become
effective upon FTA Award and has an anticipated end date of April 10, 2024;
C) approve
the filing of Standard Form LLL - Disclosure of Lobbying Activities; and
D) 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 in the process of planning the implementation of its Fare Technology
Interoperability (FTI) Project, with the ability to allow regional
interoperability. FTA has authorized Palm Beach County to submit a
Super-Grant application to consolidate a portion of the funds from two pending
Section 5307 allocations for FY2017, FY2018; and Flex funds for the
implementation of the FTI project. The FTA option to submit a Super-Grant
application provides recipients with the flexibility to include funding from
multiple program sources when the funds are being used for the same capital
improvement project. The grant application has a match requirement of
$1,625,670 or 20% of the total project cost. The source of the matching
funds are Toll Revenue Credits provided by the Florida Department of
Transportation (FDOT). The grant also requires execution of the
Disclosure of Lobbying Activities, Form LLL. No County funds are
required. Countywide (DR)
MARCH 12, 2019
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. PALM TRAN (Cont’d)
2. Staff recommends
motion to:
A) approve the Program of Projects (POP) for the FY
2018 Section 5339 Grant allocation, in the amount of $2,188,031, from the Federal
Transit Administration (FTA);
B) approve an
upward budget amendment of $571,173 in Palm Tran’s Grant Fund 1341 to recognize
the actual FY 2018 Section 5339 grant allocation;
C) approve the filing of a
multi-source funding (Super-Grant) electronic grant application # 1098-2018-3
for the South County Facility Expansion, with the Federal Transit
Administration (FTA), for FY2017, 2018 Section 5339; FY2017, 2018 Section
5307 and Flex Funds (CFDA 20.507). The Super-Grant is for capital funds allocated
to Palm Beach County Board of County Commissioners (BCC) in the amount of
$12,866,555. This is a cost reimbursable agreement that will become
effective upon FTA Award and has an anticipated end date of April 10, 2024;
D) approve an
upward budget amendment of $1,500,000 in Palm Tran’s Grant Fund 1341 to
recognize the Flex Funds grant allocation and increase the budget for building
construction;
E) approve the
filing of Standard Form LLL - Disclosure of Lobbying Activities; and
F) 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: The
FTA distributes Section 5339 funds to provide public transportation capital
grants to assist financing capital projects for bus and bus facilities that
will benefit the nation’s transit systems. The grant will fund a portion
of the construction for the expansion of Palm Tran’s South County
administrative and maintenance facility, which is currently at full
capacity. FTA has authorized Palm Beach County to submit a Super-Grant
application to consolidate a portion of the funds from two pending Section 5339
allocations for FY2017, FY2018; Section 5307 FY 2017, FY 2018 and Flex
funds for the expansion. The FTA option
to submit a Super-Grant application provides recipients with the flexibility to
include funding from multiple program sources when the funds are being used for
the same capital improvement project. The FY 2018 5339 allocation has a match
requirement of $547,008 or 20% of the total project cost. The source of the
matching funds are Toll Revenue Credits provided by the Florida Department of
Transportation (FDOT). The grant also requires execution of the
Disclosure of Lobbying Activities, Form LLL. No County funds are
required. Countywide (DR)
MARCH 12, 2019
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. PALM TRAN (Cont’d)
3. Staff recommends
motion to:
A) approve the
filing of a multi-source funding (Super-Grant) electronic grant application #
1098-2018-2, with the Federal Transit Administration (FTA), for FY 2016, 2017,
2018 Section 5307 and Flex Funds (CFDA 20.507). The Super-Grant is for
capital funds allocated to Palm Beach County Board of County Commissioners
(BCC) in the amount of $39,014,729. This is a cost reimbursable agreement
that will become effective upon FTA Award and has an anticipated end date of
April 10, 2024;
B) approve the
Program of Projects (POP) for the FY 2018 Section 5307 Grant allocation, in the
amount of $16,568,016, from the Federal Transit Administration (FTA);
C) approve an upward
budget amendment of $399,431, in Palm Tran’s Grant Fund 1341, to recognize the
actual FY18 Section 5307 grant award;
D) approve the
amendment of the FY 2016 and FY 2017 Section 5307 Program of Projects;
E) approve a budget transfer
of $2,300,000, in Palm Tran’s Operating Fund 1340, to increase the transfer
from Palm Tran’s Grant Fund 1341 for Preventative Maintenance and reduce the
transfer from the General Fund 0001;
F) approve a budget
transfer of $2,300,000, in the General Fund 0001, reducing the transfer to Palm
Tran Operating Fund 1340 and increasing the transfer to Palm Tran Capital Fund
1341 to establish revenue budget for non-grant funded expenditures;
G) approve an upward
budget amendment of $2,300,000, in Palm Tran’s Grant Fund 1341, to establish
budget for non-grant funded expenditures related to the South County Expansion;
H) approve a budget transfer
of $2,300,000, in Palm Tran’s Grant Fund 1341, to reduce the capital
expenditures and increase the transfer to Palm Tran’s Operating Fund 1340 for
preventative maintenance;
I) 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; and
J) approve the
filing of Standard Form LLL - Disclosure of Lobbying Activities.
SUMMARY: The
FTA distributes Section 5307 funds to provide public transportation capital and
operating assistance for public transportation-related projects. The FY 2018 5307 allocation will fund items
necessary for the continued operations of the Palm Tran system including:
$1,328,567 to replace buses that have reached their useful life; $165,680 for
the one-percent project security requirement; $4,573,769 for facility
rehabilitation and South County Expansion; $2,000,000 for Fare Collection
Equipment; and $8,500,000 for preventive
maintenance. FTA has authorized Palm Beach County the submittal of
a Super-Grant application to consolidate the three pending Section 5307
allocations for FY 2016, FY 2017, FY 2018 and Flex funds for Fixed Route
capital projects. The FY2018 allocation
has a match requirement of $4,142,004 or 20% of the total project cost. The
source of the matching funds are Toll Revenue Credits provided by the Florida
Department of Transportation (FDOT). The grant also requires execution of
the Disclosure of Lobbying Activities, Form LLL. No County funds are
required. Countywide (DR)
MARCH 12, 2019
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. PALM TRAN (Cont’d)
4. Staff recommends
motion to adopt: a
resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, approving the signing and submission of the FY 2016 Section 5310 grant
application, supporting documents and assurances, for a total project cost of
$484,916 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). SUMMARY: Palm Tran is
submitting an application for the acquisition of six replacement paratransit
vehicles at a cost of $484,916. 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 $436,425 (90%) of the project cost and
the grant requires a local match of $48,492 (10%). The local match
requirement is available in Palm Tran’s approved budget for FY 2019. The
grant has an anticipated start date of April 2019, and is expected to be
completed by September 2019. Countywide (DR)
MARCH 12, 2019
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
D. PUBLIC SAFETY
1. Staff recommends
motion to adopt: 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: This item was continued from
the February 5, 2019 Board of County Commissioners (BCC) meeting. Back in November 2018, an industry meeting
was held with the home caregiver businesses to discuss proposed revisions to
the Home Caregiver Ordinance. The proposed revisions were also presented to the
League of Cities on November 28, 2018 and the Criminal Justice Commission on
December 17, 2018 with no objection. A
preliminary reading of the proposed ordinance revisions was presented to the
BCC on January 15, 2019 and on February 5, 2019 a public hearing was held. The BCC continued the item to March 12, 2019
and directed staff to address concerns expressed by the industry. In follow up to the BCC’s direction at the
February 5, 2019 meeting, staff held a second industry meeting on February 22,
2019. At that meeting, there were
representatives from three different home caregiver businesses as well as
members from the County Attorney’s Office, State Attorney’s Office, and Palm
Beach County Sheriff’s Office. Agreement
was reached at the meeting on the three items of concern which include: 1)
allowing home caregivers to work up to ten days of first assignment providing
required documents are submitted to Consumer Affairs within 72 hours; 2)
deferring monetary fines or penalties for 18 months while home caregiver
businesses transition home caregivers to Consumer Affairs for direct monitoring
with AHCA and 3) removing the requirement for home caregiver agencies to advise
Consumer Affairs that an employee or independent contractor has taken a leave
of absence of more than 90 days. The
three additional changes were not presented to the League of Cities or the
Criminal Justice Commission since the working group was involved in the follow
up meeting with the home caregiver businesses. Staff believes that with these
three additional changes, all industry concerns have been addressed and
recommend the BCC adopt the Ordinance as revised. As a recap, the other key revisions to the
Ordinance include the following: 1) prohibiting
the advertisement of caregiver services without a valid Home Caregiver ID
badge, 2) defining the term 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 a specified Florida Agency for Health Care
Administration (AHCA) licensed facility, 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 a 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 or discontinuance from employment or placement, 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. Agenda
item 5G1 is a companion item to this agenda item. Countywide (LDC)
* * * * * * * * * * * *
MARCH 12, 2019
A. PALM
TRAN
1. Staff recommends
motion to:
A) adopt a
resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, approving a Public Transportation Grant Agreement (PTGA) (FM no. 444668-1-94-01)
with the State of Florida Department of Transportation (FDOT), in the amount of
$831,945, to provide capital assistance for the acquisition of vehicles for
paratransit service in Palm Beach County;
B) approve an upward FY19 budget amendment of $1,725,283 in Palm
Tran’s Grant Fund 1341 to recognize the grant award and match amount; and
C) approve a FY19 budget transfer of $893,338 in the General Fund 0001 to increase the transfer to Palm Tran’s Grant Fund 1341 and decrease Contingency Reserves to meet the required match.
SUMMARY: On
June 25, 2018, Palm Tran submitted proposals to FDOT, under the Public Transit
Service Development Program, to request funding for projects that will improve
system efficiencies and operations. FDOT approved a grant for $831,945
and issued PTGA 444668-1-94-01 for the purchase of paratransit vehicles.
This grant will allow Palm Tran to reach its contractually required spare ratio
of fifteen-percent (15%) and increase on time performance. The agreement
has a match requirement of fifty-percent (50%) ($831,945), and overmatch of
$61,393, which will be funded by the general fund contingency reserves.
The agreement becomes effective upon execution. The PTGA expires
January 31, 2020 unless extended. Countywide (DR)
B. PLANNING, ZONING & BUILDING
1. Staff requests
motion to approve: seven
positions for the Building Division to be utilized in the Code Enforcement
Division (CED) as follows: five Code Enforcement Officers (CEOs), one Senior
Code Enforcement Officer (SCEO), and one Special Magistrate Secretary. The
Building Division will be funding all seven positions. SUMMARY: The CED enforces violations of the
Florida Building Code (e.g., construction work without required permits),
Unified Land Development Code (ULDC), Property Maintenance Code, Florida Fire
Prevention Code, and other County ordinances. A caseload analysis reflects that
five years ago, Florida Building Code violations, and specifically construction
work without permits, comprised 15-18% of CED’s total caseload, as opposed to
nearly 50% of all violations during FY 2017-18. In-depth analysis reflects that
in FY 2013-14, Code issued 1,435 Florida Building Code violations; and in FY
2017-18, that number increased to 4,430. That is a 208% increase in Florida
Building Code violations. The proposed positions will reside within the CED to
support the Building Division in the continued issuance of violation notices
and adjudications (through the Special Magistrate Hearing process) for Florida
Building Code violations and construction activity without required permits. Countywide
(AH)
MARCH 12, 2019
5. REGULAR AGENDA
C. YOUTH SERVICES
1. Staff recommends
motion to approve:
a letter supporting The Children’s Movement of Florida’s efforts to prioritize
state funding for early childhood development.
SUMMARY: The Children’s Movement of Florida has gathered over 100
letters of support from Mayor’s across Florida (#100Mayors For Early
Childhood), requesting the Governor prioritize funding for early
childhood. The goal of The Children’s Movement of Florida is to connect
local voices to one another, amplify the call for greater state support and
bridge the local concerns to statewide conversations. Their 2019 Agenda is
titled A Strong Start #ForFloridaChildren. The letter shows Palm Beach County’s
support, and urges the Governor of Florida to make investment in early
childhood a priority in the State. Countywide (HH)
D. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to:
A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding
award in the amount of $281,660 to the Delray Beach Housing Authority (DBHA)
for the Island Cove 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 $261,444 in Impact Fee Assistance Program - Roads Zone 5 to appropriate
funds for DBHA;
D) approve a budget transfer of $16,990 in Impact Fee Assistance Program - Parks
Zone 3 to appropriate funds for DBHA; and
E) approve a budget transfer of $3,226 in Impact Fee Assistance Program - Public
Building to appropriate funds for DBHA.
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. DBHA submitted a request for assistance in
response to the NOFA on January 18, 2019. Staff recommends that up to $281,660
be provided as a credit for impact fees associated with the Island Cove
project. DBHA will be given credits for
Roads Zone 5 Impact Fees ($261,444), Parks Zone 3 Impact Fees ($16,990) and
Public Building Impact Fees ($3,226) for the construction of the Island Cove
project. DBHA will pay impact fees above
the allocated $281,660. The project is
located on land lying between SW 8th Street and SW 10th
Street, and between SW 12th Avenue and SW 13th Avenue in
Delray Beach, and will have 54 for-sale workforce townhomes. According to IFAHAP requirements, all
townhomes 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 7 (JB)
MARCH 12, 2019
5. REGULAR AGENDA
E. FACILITIES
DEVELOPMENT AND OPERATIONS
1. Staff
recommends motion to:
A) adopt a resolution
authorizing a lease agreement with Loggerhead MarineLife Center, Inc., a
Florida not for profit corporation (Loggerhead), for the continued management
and operation of the Juno Beach Pier and concession building for the period of
April 1, 2019 through March 31, 2024 at an annual rental rate of $48,198.17;
and
B) approve a lease agreement
with Loggerhead.
SUMMARY: Loggerhead currently
manages and operates the Juno Beach Pier and concession building pursuant to a
Concessionaire Service Agreement (R2014-0359) dated March 11, 2014, which
expires on March 31, 2019. Loggerhead
desires to continue managing and operating the Juno Beach Pier by way of a long
term lease. Pursuant to PREM’s PPM
CW-L-023, the County may directly enter into leases with not for profit
organizations as an alternative to conducting a Request for Proposals (RFP). Agreements with not for profit agencies are
also exempt from the requirements of the Equal Business Opportunity
Ordinance. Parks is satisfied with
Loggerhead’s performance and supports entering into this lease agreement with
Loggerhead. This lease agreement is for
five years from April 1, 2019 through March 31, 2024, with two options to
extend, each for a period of five years. The Guaranteed Annual Rent will be
increased by three percent to $48,198.17 ($4,016.51/month), and is subject to a
three percent increase on April 1 of each year.
Loggerhead has proposed making approximately $88,000 in renovations to
the bait house in order to maximize the use of the space and organize the
concession area to better serve the Pier user’s demands. Based on the proposed renovations, rent
will be abated for 18 months, totaling approximately $72,298, provided
Loggerhead obtains a building permit within 20 months of the Commencement Date
and completes the renovations within 12 months of receipt of the permit. In the event a building permit is not
obtained within the allotted time, or if the project is not completed within 12
months after the permit is issued, Loggerhead will be required to pay back all
abated rent. Parks will continue to have
management responsibility for this lease agreement. (PREM) District 1
(HJF)
MARCH 12, 2019
5. REGULAR AGENDA
E. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
A) Amendment No. 1 to the contract with The Morganti Group, Inc.
(R2017-0419) in the amount of $22,527,000 for the Palm Tran South Expansion
project establishing a Guaranteed Maximum Price (GMP) for construction
management services for the period of 628 days from notice to proceed unless
amended by change order; and
B) Amendment No. 2 to the contract with The Morganti Group, Inc.
(R2017-0419) in the amount of $1,683,000 for the Palm Tran South Expansion
project establishing a Guaranteed Maximum Price (GMP) for construction
management services for the period of 386 days from notice to proceed unless
amended by change order. The 386 days from the notice to proceed will run
concurrent with the 628 days defined in Amendment No. 1 above.
SUMMARY: Amendment No. 1 authorizes the
work for the expansion and renovation of the Palm Tran South Facility which
includes the addition of approximately 28,000 sq. ft. of building space
consisting of offices, locker rooms, training center for bus operators and
ancillary support space. Additional work will consist of a new 135 vehicle
parking lot for employees, and a new bus lift at the existing maintenance
building. Amendment No. 2 authorizes
the scope of work associated with the installation of Closed-Circuit Television
(CCTV), Access Control, Fire Alarm, Audio/Video (A/V) System, Intercom System,
Tele-Data and Cable Television (CATV) system for the expansion and renovation
of the Palm Tran South Facility. The entire project was intended to be funded
from federal funds and included a requirement for Morganti to make a good faith
effort to subcontract at least 10% of the dollar value of the total amount of
this contract to certified DBE subcontractors.
After Morganti completed the subcontractor bidding, the County
determined that specific electronic equipment and infrastructure required to
meet County standards did not comply with the Federal Transportation
Administration’s (FTA) Buy America provision.
As a result, that specific scope was removed and issued as a concurrent
Amendment No. 2 funded through ad valorem funds. Amendment No. 1 has 11.21% DBE participation and
Amendment No. 2 has 0% SBE participation.
If the County had not separated Amendment No. 2, Morganti would have
achieved 10.43% DBE participation. Regardless of the County’s ultimate decision
to split the project into two separate amendments, The Morganti Group, Inc.,
has conducted good faith efforts to meet the federal and contract requirements
and hence staff’s recommendation to award.
Palm Tran staff made that determination after considering the quality,
quantity and intensity of the various efforts made by The Morganti Group, Inc. The Morganti
Group, Inc. is a local business. (Capital Improvements Division) District 7
(LDC)
MARCH 12, 2019
5. REGULAR AGENDA
E. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
3. DELETED FOR FURTHER
STAFF REVIEW: Staff recommends motion to conceptually approve: a
request by the Town of Lake Park (Town) to provide a one year extension of
the timeframe for performance of certain Town obligations under the existing
Lake Park Marina Redevelopment Interlocal Agreement with the County
(R2010-1943) to allow for the issuance of a Request for Proposals (RFP) for
redevelopment of the Town’s Marina property.
SUMMARY: On November 16, 2010, the County and Town entered into
an Interlocal Agreement, which provided the Town with $2.4 Million for
acquisition of .8 acres of land adjacent to the Marina for expansion of boat
trailer parking. The Town closed on the
acquisition in December of 2010 using the County’s grant funding. The Interlocal Agreement required the Town to
complete the boat trailer parking lot expansion, which the Town did. The Interlocal also required the Town to
reconfigure the trailer parking lot and develop a pedestrian promenade, which
the Town has not pursued pending adoption of changes to its Comp Plan and
zoning regulations designed to encourage high intensity mixed use
redevelopment. The Town has recently adopted the contemplated changes to its
Comp Plan and zoning regulations and is seeking approval to issue an RFP for
redevelopment of the Town’s Marina property, including the property purchased
with County grant funding and other adjacent privately owned property. The Town’s concept is that the existing boat
trailer parking areas will remain on the ground floor, with passenger vehicle
parking, retail and residential development built over the top of the trailer
parking. The redevelopment would also
include restaurants, the promenade and other uses, which would provide
increased public access to and use of the waterfront and Marina. Staff supports the Town’s concept for
redevelopment and issuance of the RFP to determine whether the concept is
feasible. While the Town is well behind the timeframes for completing
improvements required by the Interlocal Agreement, this is a large and
complicated project for the Town which if ultimately completed will fulfill the
objectives of the Waterfront Bond Issue to increase public access to the water
and will also assist the Town in accomplishing its economic redevelopment
objectives. The Town has prepared a presentation to the Board providing more
detailed information on its proposal. If
this request is approved by the Board, staff will prepare an amendment to the
Interlocal Agreement for subsequent approval by the Board. (PREM) District 1
(HJF)
F. ADMINISTRATION
1. Staff recommends
motion to adopt: a resolution
related to the re-evaluation of Lake Okeechobee operations by the U.S. Army
Corps of Engineers (Corps). SUMMARY: In January 2019, the Corps
initiated the development of a new Lake Okeechobee System Operating Manual
(LOSOM), which will include a re-evaluation of Lake Okeechobee operations and
is expected to result in revised water level and discharge operations. On
February 26, 2019, the Palm Beach County Board of County Commissioners directed
staff to develop a resolution outlining concerns regarding the potential
impacts of drastically lowering Lake Okeechobee, communicating priorities and
providing recommendations on how Lake Okeechobee operations should be
implemented and evaluated by the U.S. Army Corps of Engineers. Countywide
(MJ)
MARCH 12, 2019
5. REGULAR AGENDA
G. PUBLIC SAFETY
1. Staff recommends
motion to adopt: a resolution of
the Board of County Commissioners of Palm Beach County (BCC), Florida repealing
and replacing Resolution R2016-098, and establishing fees and fines for the
Home Caregiver Ordinance. SUMMARY: The
BCC continued this item to March 12, 2019 as it relates to the Home
Caregiver Ordinance item that was also continued. and directed staff to
research funding opportunities to help offset licensing costs to the home
caregivers. The Home Caregiver Ordinance provides that the Board of County
Commissioners shall establish by resolution certain licensing, renewal, and
replacement fees. This proposed
amendment to the resolution increases licensing fees of the five-year license
from $70 to $100 for applicants requiring fingerprint checks and from $20 to
$30 for applicants submitting an agency affidavit. When the initial fee structure was
established, the fiscal and operational impact was indeterminable, as the
volume was unknown. The current fees set
forth in 2015 have not generated sufficient revenue to offset the cost to
administer the program. The operating
and personnel cost is approximately $216,000.
FDLE fees for submitting and monitoring fingerprints is $66 (94% of the
current fee). In addition, the
resolution updates the fine schedule by specifying violations by type instead
of applying a fixed fine amount for all violations types. Currently, fines for violations to section
17-464 are set at $500. The new fine schedule ranges from $150 to $500
depending on the violation type. Since
licensing began in April of 2016, nearly 11,000 applications have been
processed. Currently, the general fund
is subsidizing this program by $97,000. The
recommended increase in licensing fees will continue to require the general
fund to subsidize the program by $70,000, but keep the fees affordable for home
caregivers. A potential grant opportunity has been identified through the
Palm Beach County Sheriff’s Office Law Enforcement Trust Fund (LETF). Staff will submit an application once it
becomes available at the end of June 2019.
The next available funding period is from Jan 1 to December 31 and typically
award amounts range from $2,500 to $100,000.
Staff recommends approval of the increased fees. However, as another
option, the BCC could elect to not increase the licensing fees knowing there
will be a larger general fund subsidization of this program. If LETF grant funds are awarded in the
future, depending on the amount, the additional grant revenue could help offset
the shortfall not collected in licensing fees. Countywide (LDC)
* * * * * * * * * * * *
MARCH 12, 2019
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 12, 2019
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MARCH 12, 2019
8. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."