April 16, 2019
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
APRIL 16, 2019
PAGE ITEM
9 3A-3 DELETED:
DUPLICATE ITEM
10 3B-3 REVISED BACKUP
13 3C-8 REVISED MOTION AND SUMMARY: Staff recommends motion to adopt: A) a resolution to endorse the in
support of an application to the Palm Beach County Transportation Planning
Agency (TPA) from the Westgate Belvedere Homes Community Redevelopment Agency
(Westgate CRA) for the Federal Transportation Alternative Program (TAP)
grant funding for the Westgate Belvedere Homes Community Redevelopment
Agency (Westgate CRA) for the installation of sidewalks, a median and
streetlights on Cherry Road between Military Trail and Quail Drive in the
Belvedere Homes neighborhood; and B) a resolution to endorse the in
support of an application to the Palm Beach County TPA TAP grant funding
for from the Westgate CRA for TAP grant funding for the
installation of wider multi-use sidewalks, landscaping, and streetlights on
Seminole Boulevard between Oswego Avenue and Okeechobee Boulevard in the
Westgate Estates neighborhood. SUMMARY:
Approval of these resolutions will
comply with the a Palm Beach County Transportation Planning Agency (TPA)
requirement, that for federally funded projects, a resolution is necessary to
establish the local agency’s commitment to construction, operation and
maintenance of the project. Since Palm
Beach County (County) is a certified agency for the Local Agency Program, the
Westgate CRA has requested the County’s endorsement of the projects. If the application is approved, the Westgate
CRA will execute a Memorandum of Understanding (MOU) with the County’s
Engineering and Public Works Department.
The MOU covers the Westgate CRA’s commitment to pay for the County’s
costs and any overruns, and commits them to maintain the projects after the
construction is completed. The
Engineering Department will administer the projects County to work
through a County staff liaison (Engineering Department) as they perform the
project from design through construction.
The Westgate CRA will be responsible for maintenance upon
construction completion of each project. (Eng)
38 5C-3 REVISED
SUMMARY: The proposed LHAP maintains the existing strategies, which are:
Purchase Assistance, First Mortgage Loan Assistance Program, Owner Occupied
Housing Rehabilitation, Emergency Repairs, Replacement Housing, Disaster/Post
Disaster/Mitigation Recovery, Foreclosure Prevention, Rental Housing Entry
Assistance, Developer Assistance Rental Program, and Single Family New
Construction. In addition, two new
strategies are being proposed: Developer Homeownership Program strategy and the
Maintenance of the Existing Supply of Affordable Housing Incentive Strategy. The LHAP strategies are detailed in
Attachment 4 to this agenda item. Additionally, the proposed LHAP includes a definition
for “Project Delivery Costs” which will be used to clarify costs associated
with project implementation, and a first priority ranking for Veterans, Special
Needs and Family Self Sufficiency (FSS) Program graduates. (HES)
39 5D-1 REVISED SUMMARY: Staff is recommending
the BCC eliminate the County’s existing audit requirement and accept the
State’s audit requirement. The State
utilizes their external auditor, RMS RSM, (also the County’s
external auditor) to demonstrate the company’s compliance with the required
information (number of new jobs created, existing and new jobs retained and
average annual wage of new jobs) for a three-year job maintenance period on a
payment request basis. (Admin)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 16, 2019
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL/BCC AND STAFF COMMENTS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Staff
Comments (Page 6)
D. Commissioner
Comments (Page 7)
3. CONSENT AGENDA (Pages 8-31)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 32-33)
5. REGULAR AGENDA (Pages 34-39)
6. BOARD OF COUNTY COMMISSIONERS SITTING AS
THE CHILD CARE FACILITIES BOARD (Page 40)
7. BOARD APPOINTMENTS (Page 41)
8. ADJOURNMENT (Page 42)
* * * * * * * * * * *
APRIL 16, 2019
STAFF COMMENTS
(Page 6)
COMMISSIONER COMMENTS (Page 7)
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Agreement
with Friends of Foster Children of Palm Beach County, Inc. to purchase school
supplies for the 2019 Palm Beach County Back to School Bash
3A-2 Streetlight
operation and maintenance in the Homes at Lawrence CCRT area
Page 9
3A-3 Funding for the Supervisor of Elections Federal Election Activities
grant for FY 2019
3A-4 Reappointments
to the Florida Atlantic Research & Development Authority
3A-5 Resolution encouraging the United States
Congress to address climate change and urging them to enact the Energy
Innovation and Carbon Dividend Act of 2910, H.R. 763
B. CLERK & COMPTROLLER
Page 10
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Contract
with Arbor Tree & Land, Inc. for the construction of County Road 880 –
Twenty Mile Bend Slope Protection projects
3C-2 Contract
with Russo Site Development, Inc. for the construction of Lantana Road and
Edgecliff Avenue intersection improvements project
Page 11
3C-3 Contract
with R&D Paving, LLC for the construction of Belvedere Road and Sansbury’s
Way intersection improvements project
3C-4 Amendment
to Interlocal Agreement with the South Indian River Water Control District to
redefine County road rights-of-way segments to be maintained by the District
3C-5 Interlocal
agreement with the Village of Palm Springs for installation and maintenance of
art wrap on County traffic signal control cabinets
Page 12
3C-6 Change
order with Kiewit Infrastructure South Co. for bridge rehabilitation on the
Camino Real/Boca Club Intracoastal waterway bridge
3C-7 Resolution supporting the submittal of a
Local Initiatives Program grant application through the Palm Beach
Transportation Planning Agency to the Florida Department of Transportation to
fund and construct 7’ bicycle lanes on Cresthaven Boulevard between Jog Road
and Military Trail
Page 13
3C-8 Resolutions endorsing the Transportation
Alternative Program grant funding for the Westgate Belvedere Homes Community
Redevelopment Agency
D. COUNTY ATTORNEY
Page 14
3D-1 Settlement
agreement with Cove Club Investors, Ltd.
APRIL 16, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 14
3E-1 Receive
and file amendment to Intergovernmental agreement with the Health Care District
of Palm Beach County for provision of the Ryan White Part A HIV Health Support
Services
Page 15
3E-2 Ratify
the Mayor’s signature on FY 2017 Homeless Management Information System
Capacity Building Project Application to fund two new grant positions
3E-3 Receive and file notice of award grant from
the U.S. Department of Health and Human Services, Health Resources and Services
Administration for improving health outcomes for clients with HIV/AIDS
Page 16
3E-4 Reappointments to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency Council
3E-5 Contract with AIDS Healthcare Foundation,
Inc. for provision of Ryan White Part A HIV Health Support Services
F. AIRPORTS
Page 17
3F-1 Receive and file Terminal Space Lease
Agreement with PrimeFlight Avaition Services, Inc. for lease of ticket space at
Palm Beach International Airport
3F-2 Resolution
approving a Public Transportation Grant Agreement with the Florida Department
of Transportation for the conversion of a domestic gate to an international
gate at Palm Beach International Airport
3F-3 Resolution
approving Supplemental Joint Participation Agreement with the Florida
Department of Transportation for General Federal Inspection Service Facility
Improvements at Palm Beach International Airport
Page 18
3F-4 Resolution
approving a Public Transportation Grant Agreement with Florida Department of
Transportation for the Emergency Generator for Fuel System at Palm Beach County
Glades Airport
3F-5 Resolution approving a Termination Agreement
with Florida Department of Transportation for the Golfview Commercial Property
Acquisition at Palm Beach International Airport
3F-6 Advertising Concession Agreement with
In-Ter-Space Services, Inc.
G. OFFICE OF FINANCIAL MANAGEMENT AND
BUDGETU
Page 19
3G-1 Mayor’s
signature on the Certificate Regarding Matching Funds certifying that the Board
of County Commissioners will provide matching funds for the Supervisor of
Elections’ Federal Election Activities grant for FY 2019
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 19
3H-1 Agreement
with the South Florida Fair and Palm Beach County Expositions, Inc. for use of
the Fair’s Expo Center West building for special needs sheltering during
emergencies
Page 20
3H-2 Receive
and file notice of extension of lease agreement with Theodore W. Winsberg and
Gertrude K. Winsberg
3H-3 Amendment
to Water Service Agreement with the Town of Jupiter for additional water
capacity at Loggerhead Marine Life Center
Page 21
3H-4 Change
order to contract with Hedrick Brothers Construction Company, Inc. for the Main
Detention Center Renewal/Replacement project
APRIL 16, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 21
3I-1 Agreement to Terminate Economic Development
Incentive Agreement with Cancer Treatment Centers of America Global, Inc.
Page 22
3I-2 Receive and file amendments and agreements
relating to the CDBG Program, the SHIP program, and the Neighborhood
Stabilization Program
Page 23
3I-3 Assignment and Assumption Agreement for the
Brownfield Site Rehabilitation Agreement between Pine Lantana Road Holdings,
LLC and Lantana Parcel, LLC
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 23
3L-1 Receive
and file amendment to the State of Florida, Department of Environmental Protection
contract to reimburse the County for FDEP related training and travel costs
M. PARKS & RECREATION
Page 23
3M-1 Receive and file Entertainment Contractor
Agreements
Page 24
3M-2 Receive and file Sound and Light Production
Services Contract Agreements
3M-3 Receive and file Amphitheater Rental
Agreements
S. FIRE RESCUE
Page 24
3S-1 Donation agreement with the Palm Beach
County Sheriff’s office for ballistic vests and helmets to the Fire Rescue’s
Training Division
Page 25
3S-2 Memorandum of Agreement with the City of
Miami related to participation in the Program to Prepare Communities for
Complex Coordinated Terror Attacks Grant Program 2016
3S-3 Receive and file agreements for swimming
lessons for FY 2019
U. INFORMATION SYSTEMS SERVICES
Page 26
3U-1 Rescind
and replace Interlocal Agreement with the Village of Palm Springs related to
network services and disaster recovery server hosting services
X. PUBLIC SAFETY
Page 26
3X-1 Contract
with Compass, Inc. for outreach to the LGBTQ+ community
Page 27
3X-2 Receive and file purchase order for
contractual reentry services from the Florida Department of Corrections
3X-3 Receive and file amendment to the Memorandum
of Understanding with the Florida Department of Highway Safety and Motor Vehicles
related to disclosure of data
AA. PALM TRAN
Page 28
3AA-1 Resolution accepting the grant award in the
amount of $1,096,966 from the State of Florida Department of Transportation
related to enhanced mobility of seniors and individuals with disabilities
Page 29
3AA-2 Resolution accepting the grant award in the
amount of $436,425 from the State of Florida Department of Transportation
related to enhanced mobility of seniors and individuals with disabilities
Page 30
3AA-3 Submittal of FY 2019 Certifications and
Assurances to the Federal Transit Administration
APRIL 16, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
BB. YOUTH SERVICES
Page 30
3BB-1 Addendum to Interlocal Agreement with the
Children’s Services Council of Palm Beach County for a time extension
Page 31
3BB-2 Contract with the Boys and Girls Clubs of Palm
Beach County, Inc. for career readiness program
CC. SHERIFF
Page 31
3CC-1 Sub-Contract Agreement with the Florida
Department of Transportation for the State of Florida Drug Recognition Expert Call-Out Project
PUBLIC HEARINGS – 9:30 A.M.
A. PALM TRAN
Page 32
4A-1 Resolution authorizing the signing and
submission of a grant application to the Florida Department of Transportation
to purchase vehicles and equipment
B. OFFICE OF
FINANCIAL MANAGEMENT AND BUDGET
Page 33
4B-1 Ordinance
amending the Palm Beach County Unified Land Development Code related to
Countywide impact fees
REGULAR AGENDA
A. FACILITIES DEVELOPMENT AND OPERATIONS
Page 34
5A-1 Direction
to design and construct a Supervisor of Elections Production Facility
B.
COMMUNITY SERVICES
Page 35
5B-1 Amendment
to contract with Southeast Florida Behavioral Health Network, Inc. for
provision of financial assistance related to treatment of substance use
disorders
C.
HOUSING AND ECONOMIC SUSTAINABILITY
Page 36
5C-1 Ordinance
establishing an ad valorem tax exemption for Carrier Corporation for Project
Knight
Page 367
5C-2 Ordinance establishing an ad valorem tax
exemption for Carrier Corporation and Otis Elevators Company for Project
Diamond
Page 38
5C-3 Resolution approving the Local Housing
Assistance Plan (LHAP) as required by the State Housing Initiatives Partnership
(SHIP) Program Act
D. ADMINISTRATION
Page 39
5D-1 Modification
to Economic Development Incentive Agreement audit requirement
BOARD OF
COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD (Page 40)
BOARD
APPOINTMENTS (Page 41)
ADJOURNMENT (Page 42)
APRIL 16, 2019
2C. STAFF COMMENTS
1. ADMINISTRATION
COMMENTS
2. COUNTY
ATTORNEY
APRIL 16, 2019
District 1 – COMMISSIONER HAL R. VALECHE
District 2 – COMMISSIONER GREGG K. WEISS
Request for off-site Proclamation
declaring April 27, 2019 as “Army Chief Warrant Officer 2 Jonathan R. Farmer Day” in Palm Beach County
District 3 – COMMISSIONER DAVE KERNER, VICE
MAYOR
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARY LOU BERGER
District 6 - COMMISSIONER MELISSA MCKINLAY
District 7 – COMMISSIONER MACK BERNARD,
MAYOR
APRIL 16, 2019
A. ADMINISTRATION
1. Staff recommends motion to:
A) approve an Agreement with Friends of Foster Children
of Palm Beach County, Inc. (Agreement) in an amount not to exceed $100,000
for the purchase of school
supplies for the 2019
Palm Beach County Back to School Bash (Bash) for the period beginning April 22, 2019 through
October 31, 2019; and
B) authorize advance payments
to the Friends of Foster Children of Palm Beach County, Inc. (Friends) up to $50,000 towards the purchase of school supplies.
SUMMARY: This
Agreement provides a not to exceed
amount of $100,000 to the Friends to implement the 2019 Bash.
The Bash provides
school supplies to Palm
Beach County students
from Pre-K through 12th
grade enrolled in the public or charter
school system. Participating students will also receive school physicals,
immunizations and haircuts. The Bash is an annual event planned, funded
and implemented through a
collaboration of several
nonprofit organizations, community and church based organizations and the
County through the Office of
Community Revitalization. The Bash was originally approved by the BCC in
2006. In order to participate in the Bash, students must be referred
by one of the agencies of
the Bash collaborative, be registered prior to June 28, 2019 and given a personal invitation to the event.
All participating referral agencies, municipalities, community groups and/or religious
organizations are required
to sign an agency
agreement with the Friends and pay a nominal fee for every student referral-registration. Last year's fee was $7.50 per student and the 2019 fee has not been set. The Bash has
been tentatively scheduled for Saturday, July 27,
2019 prior to the start of the 2019/20 school year. In accordance with the Agreement, up to $50,000
of the $100,000 from the County may be provided
as an advance payment to the Friends
to use as upfront
capital toward the purchase
of the school supplies. Countywide
(HH)
2. Staff recommends
motion to approve:
A) an expenditure of $48,000 to extend the
operation and maintenance of 18 cobra head streetlights in the Homes at Lawrence
CCRT area for an additional ten years;
B) a budget transfer of $48,000 from the CCRT
Street Lighting Project account in the Capital Outlay Fund to the Office of
Community Revitalization (OCR) Special Projects and Initiatives Fund for the
Homes at Lawrence Street Lighting Project (Project) account; and
C) a budget amendment of $48,000 in the CCRT
Street Lighting Maintenance Fund to recognize and appropriate the transfer to
the OCR Special Projects and Initiatives Fund.
SUMMARY: The Board of County Commissioners approved
the Project on March 11, 2008. Homes
at Lawrence received 18 cobra head
streetlights with ten years of maintenance through the Neighborhood Street
Lighting Program. The Project was requested by the Palm Beach County
Sheriff's Office and residents of this CCRT area to address public safety
concerns. The Project entailed the installation and ten-year operation and
maintenance of 18 cobra head streetlights along neighborhood streets. A total
of $120,000 was allocated to this Project; $80,000 for the installation of the
lights and $40,000 for their ongoing operation and maintenance for a ten-year
period. The requested transfer of $48,000 is needed to ensure there will be
sufficient funds to cover the ongoing operation and maintenance of the lights
for an additional ten-year period. District 3 (HH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends motion to authorize: the Mayor to sign
the Certificate Regarding Matching Funds certifying that the Board of County
Commissioners will provide matching funds in the amount of $18,490.78 for the
Supervisor of Elections’ Federal Election Activities grant for FY 2019. SUMMARY: The 2018 Florida Legislature
appropriated funds specifically for federal election activities. These funds
are distributed to the Supervisors of Elections (SOE) pursuant to a formula
based on active registered voters in each county. Palm Beach County’s share of the State
funding is $123,271.87. The County is
required to provide a 15% match of $18,490.78, which is included in the SOE’s
FY 2019 budget. Countywide (DN)
4. Staff recommends
motion to approve: the reappointment of two individuals to the Florida
Atlantic Research & Development Authority (Authority):
Reappoint Seat No. Seat Requirement
Nominated By Term
Frederick Yentz 1 PBC
Resident/Employed Comm. Weinroth 06/07/19-06/06/23
In the Private Sector
Michael Daszkal 3 PBC
Resident/Employed Comm. Berger 04/16/19-04/15/23
In the Private Sector
SUMMARY: On October 3, 1985, the Board of County Commissioners (BCC) adopted
Ordinance No. 85-32, which created the Florida Atlantic Research &
Development Authority. The Authority is
comprised of seven members: three Palm Beach County representatives, three
Broward County representatives and the President of Florida Atlantic University
or designee. Representatives must be
employed in the private sector and reside in the County in which they
represent. Even though these are
at-large appointments, historically, staff has requested nominations for the
Authority from the District 4 Commissioner and the District 5 Commissioner.
Commissioner Weinroth has nominated Frederick Yentz and Commissioner Berger has
nominated Michael Daszkal. The current diversity of the two Palm Beach County
representatives is two Caucasian males. One Palm Beach County representative is
vacant. Countywide (HH)
5. Staff recommends
motion to adopt: a resolution
of the Board of County Commissioners (BCC) of Palm Beach County, Florida, encouraging
the United States Congress to take action to address climate change and urging them
to enact the Energy Innovation and Carbon Dividend Act of 2019, H.R. 763
(EICDA) or similar legislation. SUMMARY:
On April 2, 2019, the BCC directed staff to draft a resolution encouraging the
United States (U.S.) Congress to take action to address climate change and
urging them to enact the EICDA or similar legislation. EICDA seeks to impose a national carbon fee
on fossil fuels based on the amount of carbon dioxide the fuel will emit when
burned and allocate the collected proceeds to all U.S. households in equal
shares via a monthly dividend. Setting a national price on carbon emissions
will help ensure that the full environmental, health, and social costs of
greenhouse gas emissions are included in fossil fuel prices, which will lead to
greenhouse gas emissions reductions. Southeast Florida is one of the most
vulnerable areas in the country to climate change impacts, especially sea level
rise. United Nations climate scientists have said that the world has only until
the year 2030 to make massive and unprecedented changes to global energy
infrastructure to limit climate change consequences to moderate levels. To
achieve climate stabilization, greenhouse gas emissions, including carbon
dioxide emissions, should be reduced. Approval of this item advances Palm Beach
County’s commitment to climate mitigation policies and is consistent with the
Southeast Florida Regional Climate Change Compact. Countywide (RPB)
APRIL 16, 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
Comprehensive
Plan January
28, 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: change orders,
work task orders, minor contracts, final payments and other items approved by
the Contract Review Committee and by the department heads for the Engineering
Department; Facilities Development and Operations; Water Utilities Department;
Environmental Resources Department; and the Department of Airports during May
2017. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a
contract with Arbor Tree & Land, Inc. (Arbor) in the amount of $998,615 for
the construction of County Road 880 – Twenty Mile Bend Slope Protection
(Project). SUMMARY: Approval of this contract will allow Palm
Beach County to issue a notice to proceed to Arbor, a Palm Beach County based
company, to begin construction of the Project.
The proposed work consists of canal slope stabilization, guardrail, and
asphalt. This bid was solicited on
November 18, 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%.
Arbor committed to 85% SBE participation. Arbor is a certified SBE.
Construction completion is expected in late 2019. This project is funded through the
infrastructure sales tax. District
6 (YBH)
2. Staff recommends
motion to approve: a contract with Rosso Site Development, Inc. (Rosso)
in the amount of $226,214.01 for the construction of Lantana Road and Edgecliff
Avenue intersection improvements (Project).
SUMMARY: Approval of this
contract will allow Palm Beach County to issue a notice to proceed to Rosso, a
Palm Beach County based company, to begin construction of the Project. The
Project involves the construction of a westbound right turn lane on Lantana
Road at Edgecliff Avenue. The work
includes milling and resurfacing of pavement, and installation of drainage,
curb and gutter and sidewalks. This bid
was solicited on November 4, 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%. Rosso committed to 45% SBE participation. Rosso is a certified SBE. Construction completion
is expected in 2019. District 2 (YBH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve: a
contract with R&D Paving, LLC (R&D) in the amount of $549,770.25 for
the construction of Belvedere Road and Sansbury’s Way intersection improvements
(Project). SUMMARY: Approval of this contract will allow Palm
Beach County to issue a notice to proceed to R&D, a Palm Beach County based
company, to begin construction of the Project. The Project will correct a
misalignment of Sansbury’s Way through the Belvedere Road intersection, realign
and extend the left turn lanes on the east and west approaches, and reconstruct
all four curb returns and curb ramps at the intersection. This Project also includes milling and
resurfacing of the intersection. This bid was solicited on November 18, 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%. R&D committed
to 37.8% SBE participation. R&D is a
certified SBE. Construction completion
is expected in late 2019. District 2 (YBH)
4. Staff recommends
motion to approve: the first amendment to the Interlocal
Agreement (R2013-1773) with the South Indian River Water Control District
(District) dated December 17, 2013, to redefine the Palm Beach County (County)
road rights-of-way segments to be maintained by the District and to increase
the yearly road maintenance cost that the County reimburses the District by
$5000. SUMMARY: Approval of this first amendment will enable the District to continue
to provide maintenance for various County road rights-of-way located within the
boundaries of the District, which have been under interlocal agreement since
1984, for a revised amount from $32,000 to $37,000 yearly. This annual amount
was calculated based on the expected maintenance cost that the County
anticipates for each of the roads. District 1 (YBH)
5. Staff recommends
motion to:
A)
approve an interlocal
agreement (Agreement) with the Village of Palm Springs (Village) for the
installation and maintenance of decorative art wrap (Art Wrap) on Palm Beach
County (County) traffic signal control cabinets; and
B) adopt a resolution delegating to the County
Administrator or designee the authority to enter into Art Wrap agreements with
local agencies and municipalities.
SUMMARY:
Approval of this Agreement will allow the Village to affix Art Wrap on
County operated and maintained signal cabinets. The Village shall present the
Art Wrap to the County for its review and approval. The Village shall be responsible for the
permitting, installation, placement, maintenance, and removal of the Art Wrap
should it interfere with the operation of the traffic signals, at no cost to
the County. Adoption of this resolution will authorize the County Administrator
or designee to execute future Art Wrap agreements. District 3 (YBH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve:
A)
Change Order No. 4 with
Kiewit Infrastructure South Co. (Kiewit) in the amount of $255,508.99 to
replace the bascule leaves couplers on the Camino Real Road/Boca Club over the
Intracoastal Waterway Bridge Rehabilitation Project R2017-1202 (Project);
B) Change Order No. 5 with Kiewit in the
amount of $668,000 including a time extension of 70 days, to complete the
structural steel repairs for the Project; and
C)
a budget transfer of
$1,600,000 in the Road Program Sweep Reserve and appropriate it to the
Project’s account. Per PPM CW-F-050,
these change orders exceed the $100,000 threshold relating to staff approvals
of change orders to contracts, and requires the Board of County Commissioners’
approval.
SUMMARY:
Approval of these change orders and budget transfer will allow Kiewit to
replace the worn mechanical motor couplers, complete the structural repairs,
and include a time extension of 70 days to complete the additional work
encountered while in the field. The
Small Business Enterprise (SBE) goal for all contracts is 15%. Kiewit proposed 15.9% SBE participation. Their SBE participation for this change order
is 0% and their cumulative SBE participation to date including this change
order is 5%. However, Kiewit expects to meet
their SBE goal by completion of the contract.
District 4 (YBH)
7. Staff recommends
motion to adopt: a resolution
to support the submittal of a Local Initiatives Program (LIP) grant application
through the Palm Beach Transportation Planning Agency (TPA) to the Florida
Department of Transportation (FDOT) for funding to construct 7’ buffered
bicycle lanes on Cresthaven Boulevard between Jog Road and Military Trail/S.R.
809 (Project) and to commit to fund the local share of project delivery and the
associated ongoing operation and maintenance expenses. SUMMARY: Adopting this resolution will support Palm
Beach County’s (County) LIP application submittal for funding to construct the
project on both sides of Cresthaven Boulevard for a 2.1 mile segment. If
selected, the proposed project will be built within the existing road
right-of-way and the County will enter into a grant reimbursement agreement
with the FDOT. As part of the
application process, the TPA requires this resolution to support the LIP
application submittal, and the County’s commitment to fund design, construction
management, and operation and maintenance of the project. The LIP grant will
fund 100% of the project’s construction at an estimated cost of
$3,916,325.91. The County’s local
participation funding for the project’s design and construction management is
estimated at $758,509.88. Funding for construction
provided by the LIP will be programmed in 2024.
This project is partially funded
through the infrastructure sales tax. County surtax funds programmed in
2024 for resurfacing this segment of Cresthaven Boulevard in the amount of
$300,000 will offset the County’s local participation funding. District 2 (YBH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to adopt:
A) a resolution to endorse the in
support of an application to the Palm Beach County Transportation Planning
Agency (TPA) from the Westgate Belvedere Homes Community Redevelopment Agency
(Westgate CRA) for the Federal Transportation Alternative Program (TAP)
grant funding for the Westgate Belvedere Homes Community Redevelopment
Agency (Westgate CRA) for the installation of sidewalks, a median and
streetlights on Cherry Road between Military Trail and Quail Drive in the
Belvedere Homes neighborhood; and
B) a resolution to endorse the in
support of an application to the Palm Beach County TPA TAP grant funding
for from the Westgate CRA for TAP grant funding for the
installation of wider multi-use sidewalks, landscaping, and streetlights on
Seminole Boulevard between Oswego Avenue and Okeechobee Boulevard in the
Westgate Estates neighborhood.
SUMMARY: Approval
of these resolutions will comply with the a Palm Beach County
Transportation Planning Agency (TPA) requirement, that for federally
funded projects, a resolution is necessary to establish the local agency’s
commitment to construction, operation and maintenance of the project. Since Palm Beach County (County) is a
certified agency for the Local Agency Program, the Westgate CRA has requested
the County’s endorsement of the projects.
If the application is approved, the Westgate CRA will execute a Memorandum
of Understanding (MOU) with the County’s Engineering and Public Works
Department. The MOU covers the Westgate
CRA’s commitment to pay for the County’s costs and any overruns, and commits
them to maintain the projects after the construction is completed. The Engineering Department will administer
the projects County to work through a County staff liaison (Engineering
Department) as they perform the project from design through
construction. The Westgate CRA will
be responsible for maintenance upon construction completion of each project.
District 2 (YBH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a settlement agreement with Cove Club Investors,
Ltd., a Florida Limited Partnership d/b/a Boca Dunes Golf and Country Club
(Cove Club) in the amount of $550,000 to settle a lawsuit against Palm Beach
County (County) arising out of issues concerning County Water Treatment Plant
#9. SUMMARY: Cove Club operates a semi-private golf and
country club, known as Boca Dunes Golf and Country Club, in Boca Raton,
Florida. In 2013, Cove Club sued the County in the lawsuit styled Cove
Club Investors, LTD. v. Palm Beach County, in the Circuit Court of the 15th
Judicial Circuit in and for Palm Beach County, Florida, Case No. 2013-CA-003916
(Pending Lawsuit), for an injunction, damages, inverse condemnation, trespass,
negligence, and private nuisance regarding the County’s alleged pumping of
excessive amounts of water from wells located on or about Cove Club’s golf
course, interfering with Cove Club’s ability to irrigate the golf course and
causing water features to run dry. Cove Club alleges that these events
began occurring in the mid-2000s and has alleged damages to its business in
excess of $10 million dollars, including the value of water use rights taken;
loss of golf course revenue; costs to modify its irrigation system; pump
station replacement costs; pump repair costs; as well as expert fees incurred.
After court-ordered mediation in September 2015 and extensive negotiations
thereafter, the parties conditionally settled the Pending Lawsuit for $550,000,
subject to the approval of the Palm Beach County Board of County Commissioners.
District 5 (AP)
E. COMMUNITY SERVICES
1. Staff recommends
motion to receive and file: Amendment No. 1 to the Intergovernmental
Agreement for Provision of Ryan White Part A HIV Health Support Services with
the Health Care District of Palm Beach County (HCD) (R2018-0371), for the
period March 1, 2018 through February 28, 2019, to increase the contract total
amount by $7,187 for a new contract amount not to exceed $132,587 for emergency
financial assistance and nutritional supplements. SUMMARY: The purpose
of Amendment No. 1 is to increase the contract total amount by $7,187. Funds in
the amount of $7,187 were swept from the AIDS Pharmaceutical Assistance
category into the Emergency Financial Assistance category. The amendment will
align the changes in dollar amounts swept during the past year and cover
increases to the Emergency Financial Assistance category. Termination of the contract for
future grant years was the sole decision of HCD, whose management decided not
to continue with the contract. HCD
provides emergency financial assistance and nutritional supplements for persons
living with HIV Spectrum Disease. The
Board of County Commissioners authorized the County Administrator or designee
to execute agreements for this purpose. In accordance with County PPM CW-O-051,
all delegated contracts, agreements, and grants must be submitted by the
initiating Department as a receive and file agenda item. No County funds are
required. (Ryan White Program) Countywide
(HH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to:
A) ratify the signature of the Mayor on the FY 2017
Homeless Management Information System Capacity Building Project Application,
for a two year period to be determined by the grantor, in the amount of
$150,000 annually, for two new grant funded positions; and
B) delegate to the County Administrator or designee signatory
authority on additional forms and any other necessary documents related to the
FY 2017 Homeless Management Information System Capacity Building Project
Application.
SUMMARY: The Division of Human and Veteran Services
(DHVS) is applying for funds in the amount of $150,000, per project year for
two new grant funded positions. The
funding will be used in improving the Palm Beach County Continuum of Care (CoC)
Homeless Management Information System (HMIS). The new grant funded positions will have the responsibility of improving
the HMIS software and to upgrade, customize and improve HMIS data quality.
These positions are contingent upon receipt of the actual grant award and will
be eliminated if the grant is discontinued. The Department of Housing and Urban
Development has a two phase process. Phase I is the submission of the grant
application. Phase II is contingent upon Phase I. A 25% County match is
required. The DHVS is supporting the match requirement with in-kind
services in the amount of $207,364 for a two year period. The emergency
signature process was utilized because there was insufficient time to submit
this grant application through the regular agenda process. (Division of
Human and Veteran Services) Countywide (HH)
3. Staff recommends
motion to:
A) receive and file a Notice of Award
Grant No. H89HA00034-26-00 from the U.S.
Department of Health and Human Services, Health Resources and Services
Administration (HRSA), for the budget period March 1, 2019 through February 29,
2020, in the amount of $7,375,244 for new and existing programs to continue
improving health outcomes for clients with HIV/AIDS; and
B) approve a budget amendment in the amount of $3,096,107 in the
Ryan White Care Program fund to align the budget to the actual grant award.
SUMMARY: On October 16, 2018, the Board of
County Commissioners ratified the Ryan White Part A HIV Emergency Relief Grant
Program Application (R2018-1542). The grant will allow the Community Services
Department to continue providing needed medical and support services to Palm
Beach County residents living with HIV/AIDS. No County match is required. (Ryan White Program) Countywide (HH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: three reappointments to the Palm Beach County HIV Comprehensive AIDS Resources
Emergency (CARE) Council, effective April 16, 2019:
Seat No. |
Reappointment |
Term Expires |
16 |
Glenn Krabec |
11/06/2020 |
19 |
Mary Jane Reynolds |
04/15/2022 |
21 |
Cecil Smith |
04/15/2022 |
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. All members have
successfully completed the HIV CARE Council’s nomination process and the HIV
CARE Council recommends their reappointments. The total membership shall be no
more than 33 at-large members, per Resolution No. 2011-1560. The diversity
count for the 22 seats that are currently filled is Caucasian: 9 (41%),
African-American: 9 (41%), Hispanic-American: 3 (14%), and Asian-American: 1
(4%). The gender ratio (female:male) is 13:9. Ms. Reynolds is African-
American, Mr. Krabec is Caucasian and Mr. Smith 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)
5. Staff recommends
motion to receive and file:
A) a contract for Provision of Ryan White Part A HIV Health Support
Services with AIDS Healthcare Foundation, Inc. (AHF), for the period March 1,
2019 through February 28, 2020, in an amount not to exceed $88,825, for the
provision of AIDS pharmaceutical assistance services for persons living with
HIV Spectrum Disease; and
B) an Intergovernmental Agreement for Ryan White
Part A HIV Health Support Services with Florida International University Board
of Trustees (FIU), for the three year period December 31, 2018 through December
30, 2021, in the amount totaling $75,000, of which $25,000 is budgeted in GY 2019
with an anticipated annual allocation of $25,000 in each subsequent grant year
contingent upon a budgetary appropriation by the Board of County Commissioners,
subject to funding approval by U.S.
Department of Health and Human Services, Health Resources and Services
Administration for the provision of program evaluation services intended
to improve health outcomes for persons living with HIV Spectrum Disease.
SUMMARY: The AHF contract will cover pharmaceutical assistance services for HIV
affected clients and replace the expiring contract with the Health Care
District of Palm Beach County following its discontinuance of offering this
service. AHF will review patient eligibility, disseminate the Ryan White Drug
Assistance Formulary to all participating pharmacies and physicians treating
HIV/AIDS patients, fill prescriptions to eligible clients and review and
prepare trend analysis of pharmaceutical usage. AHF will serve an estimated 400
clients. The collaboration between FIU and the Ryan White Program will provide
evaluation services for the Ryan White Program and research opportunities for
FIU. This collaborative with the Ryan White Program will include activities of
well-trained students who can help with short-term and long-term evaluation and
quality improvement projects. This item was executed by delegated authority.
Kristen Harrington, employee of AIDS Healthcare Foundation, Inc. is a member of
the HIV CARE Council. This board provides no regulation, oversight, management,
or policy-setting recommendations regarding the agency contract listed above.
Disclosure of this contractual relationship at a duly noticed public meeting is
being provided in accordance with the provisions of Section 2-443, of the Palm
Beach County Code of Ethics. In accordance with County PPM CW-O-051, all
delegated contracts, agreements, and grants must be submitted by the initiating
Department as a receive and file agenda item. No County funds are required. (Ryan White Program) Countywide
(HH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: Terminal Space Lease Agreement (Agreement)
with PrimeFlight Aviation Services, Inc., a Delaware corporation (PrimeFlight),
commencing March 7, 2019 and terminating on September 30, 2019 (Initial Term),
and automatically renewing on an annual basis each October 1st to September
30th until canceled, for PrimeFlight to lease approximately 308 square feet of
ticket office space in the Palm Beach International Airport (PBI) terminal
building for payment of rental in the amount of $13,598.54 for the Initial
Term. SUMMARY: PrimeFlight
provides aeronautical services, including skycap and wheelchair services to airlines
at PBI. The Agreement provides for the
lease of 308 square feet of terminal space.
The Agreement terminates PrimeFlight’s prior Terminal Space Lease Agreement
dated December 1, 2017 (R2018-0026), under which PrimeFlight leased 193 square
feet of ticket office space. Delegation of authority for execution of the
standard form Terminal Space Lease Agreement was approved by the Board pursuant
to R2018-0995. Countywide (AH)
2. Staff recommends
motion to:
A) adopt a resolution approving a Public Transportation Grant Agreement (PTGA) with the Florida Department of
Transportation (FDOT) in the amount of $1,250,000 for the conversion of Gate B1
to an International Gate at Palm Beach International Airport. This PTGA will
become effective upon final execution by the FDOT with an expiration date of
December 31, 2021; and
B) approve
a budget
amendment of $1,250,000 in the Airport’s Improvement and Development Fund to
recognize the receipt of a grant from the FDOT, and budget additional project
costs of $1,250,000 for a total project cost of $2,500,000; which includes a
transfer from Reserves in the amount of $1,250,000.
SUMMARY: The FDOT has issued a PTGA reflecting their
commitment of funding to the above referenced project in the amount of $1,250,000
or 50% of the eligible project costs, whichever is less. Airport Local Funding in the amount of $1,250,000 is also available for a
total project cost of $2,500,000. Countywide (AH)
3. Staff recommends
motion to:
A) adopt a resolution approving Supplemental Joint
Participation Agreement (SJPA) Number 1 with the Florida Department of
Transportation (FDOT) increasing the original FDOT funding share by additional
$1,200,000 and revising the total cost of the project for General Aviation
Federal Inspection Service (GAFIS) Facility Improvements at Palm Beach
International Airport (PBI). The grant expiration date is December 31, 2020;
and
B) approve a budget amendment of $1,200,000 in the Airport’s
Improvement and Development Fund to recognize the receipt of a grant from the
FDOT, and increase the project cost by $2,400,000; which includes a transfer
from Reserves of $1,200,000.
SUMMARY: On December 5,
2017, the Board of County Commissioners adopted a Resolution (R2017-1788)
approving a Joint Participation Agreement (R2017-1789) with the FDOT in the amount
of $2,250,000 or 50% of the eligible project costs, whichever is less, for
GAFIS at PBI under a multi-year funding plan.
The FDOT has issued SJPA Number 1 as part of the second year funding,
increasing the original funding share by an additional $1,200,000 for a revised
FDOT participation of $3,450,000 bringing the revised total cost of the project
to $6,900,000. The County’s current
local share for this project is $1,200,000. Countywide (AH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to:
A) adopt a resolution approving a Public Transportation Grant Agreement (PTGA) with the Florida Department of
Transportation (FDOT) in the amount of $288,000 for the Emergency Generator for
Fuel System at Palm Beach County Glades Airport (PHK). This PTGA will become effective upon final
execution by the FDOT with an expiration date of December 31, 2021; and
B) approve
a budget
amendment of $288,000 in the Airport’s Improvement and Development Fund to
recognize the receipt of a grant from the FDOT, and budget project costs of $360,000; which includes a
transfer from Reserves in the amount of $72,000.
SUMMARY: The FDOT has issued a
PTGA reflecting their commitment of funding to the above referenced project in
the amount of $288,000 or 80% of the eligible project costs, whichever is less. Airport local funding in the amount of $72,000 is also available for a total
project cost of $360,000. Countywide (AH)
5. Staff recommends motion to:
A) adopt a resolution approving a Termination Agreement with the Florida
Department of Transportation (FDOT) for the Golfview Commercial Property
Acquisition at Palm Beach International Airport (PBI); and
B) approve a budget amendment
of $4,704,879 in the Airport’s Improvement and Development Fund to terminate
the receipt of a grant from the FDOT, and reduce budget project cost of
$9,409,758; which includes a transfer to Reserves in the amount of $4,704,879.
SUMMARY: On June 20, 2017, the Board adopted a resolution
(R2017-0791) approving a Joint Participation Agreement (JPA) (R2017-0792) with
the FDOT
in the amount of $4,704,879 for the Golfview Commercial Property Acquisition at
PBI. The grant expiration date is
December 31, 2019. Based on the inability of the County to successfully
acquire the properties originally
anticipated under this agreement, it has been determined that this JPA is no
longer needed; therefore, the FDOT has provided a Termination Agreement
relieving both parties of any obligations under this agreement. Countywide (AH)
6. Staff recommends
motion to approve: Advertising Concession Agreement (Agreement) with
In-Ter-Space Services, Inc., a Pennsylvania corporation, d/b/a Clear Channel
Airports (CCA), commencing April 1, 2019 for an initial five-year term, with an
initial minimum annual guarantee of $300,000.
SUMMARY: The Agreement allows
CCA to install, operate, and maintain advertising displays at the Palm Beach
International Airport (PBI) for payment of an initial minimum annual guarantee
(MAG) of $300,000 or a percentage fee equal to the sum of 57% of annual gross
revenues for advertising displays, whichever is greater. The MAG adjusts annually based on the greater
of the preceding year’s MAG or 85% of the preceding year’s percentage fee. CCA is required to invest a minimum of
$740,000 to update the advertising displays at PBI during the initial term. The
Agreement provides for a two-year renewal option, subject to an additional
capital investment of $200,000. CCA has
committed to achieving the RFP’s Airport Concession Disadvantaged Business
Enterprise participation goal of 7.5%. Countywide (AH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
G. OFFICE OF FINANCIAL MANAGEMENT AND
BUDGET
1. Staff
recommends motion to authorize: the Mayor to sign the Certificate Regarding Matching Funds certifying
that the Board of County Commissioners will provide matching funds in the
amount of $18,490.78 for the Supervisor of Elections’ Federal Election
Activities grant for FY 2019. SUMMARY: The 2018 Florida
Legislature appropriated funds specifically for federal election
activities. These funds are distributed to the Supervisors of Elections
(SOE) pursuant to a formula based on active registered voters in each
county. Palm Beach County’s share of the State funding is
$123,271.87. The County is required to provide a 15% match of $18,490.78,
which is included in the SOE’s FY 2019 budget. Countywide (DN)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: an agreement with the South Florida Fair and Palm Beach
County Expositions, Inc. (Fair) for use of the Fair’s Expo Center West building
(Expo Center) for sheltering special needs evacuees during emergencies (also
known as the Special Needs Shelter) through April 15, 2039. SUMMARY: On
December 15, 1998, the County entered into an agreement with the Fair whereby
the County funded a project to retrofit and harden the Expo Center for use as a
Special Needs Shelter. The 1998 project included the installation of generators
and other emergency power equipment (collectively, Emergency Power Equipment)
all of which became the maintenance responsibility of the Fair. If the Expo Center was used in an emergency,
the County was required to operate and maintain the Expo Center during the
County’s emergency use and pay the Fair for the use of the Expo Center. The
1998 agreement expired on December 14, 2018.
Similarly, this agreement allows the County to continue to be entitled
to exclusive use and possession of the Expo Center immediately prior to,
during, and after an emergency event, and requires that the County pay the Fair
for such use. This agreement also
permits the County to continue to be able to conduct periodic inspections and
tests of the Expo Center and Emergency Power Equipment to ensure operability in
case of an emergency event. Under this agreement,
the County is now responsible for: 1) the restoration and repair of any and all
damage to the Expo Center; 2) the inspection, maintenance, repair and replacement
of the Emergency Power Equipment; 3) all injuries occurring during its use and
possession of the Expo Center; and 4) hardening and improving the Expo Center
to better support the County’s emergency use of the center, if the County so
chooses. The County is also responsible
for seeking reimbursement from FEMA for any use related restoration costs and
emergency sheltering expenses, but remains financially and physically
responsible for all restoration/repair damages regardless of FEMA’s
reimbursement determination. This agreement
also mentions the July 2018 Emergency Power Equipment fuel tank’s release and
the subsequent remediation required, and acknowledges that the County will
submit an insurance claim against its policy and provide Fair with any insurance
proceeds it receives as a result of the fuel release insurance claim. The term of this agreement is for 20 years
and the County can terminate for any reason with ten business days’ notice to
Fair. (FDO Admin) Countywide (LDC)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to receive and file: a notice of exercise of the tenth option to extend the term of the Lease
Agreement with Theodore W. Winsberg and Gertrude K. Winsberg (R99-842D) for one
year to May 1, 2020 at an annual rental of $1.
SUMMARY: In 1996, the
County purchased 175 acres of property from the Winsbergs for the development
of the Water Utilities Department’s Green Cay Wetlands Water Reclamation
project. The property is located off
Hagen Ranch Road between Boynton Beach Boulevard and Atlantic Avenue. The Board
approved the original Lease Agreement in May of 1999 (R99-842D), which allowed
the Winsbergs to continue to farm the property until the Water Utilities
Department (WUD) was ready to construct its project. Over time, as WUD constructed phases of the
Water Reclamation Project, the area leased to the Winsbergs was reduced and the
Winsbergs currently lease approximately 60 acres. The next phase of the Water Reclamation
Project is not expected to be implemented within the next three years.
Exercising this tenth extension option will extend the term of the Lease
Agreement through May 1, 2020. The
Winsbergs have the right to exercise their option to extend. The County will
continue to have the right to terminate this Lease Agreement upon 120 days’
notice. The annual rental rate for this extension will continue to be
$1/yr. This is the last extension option
available to the Winsbergs. WUD supports the extension and will continue to
have administrative responsibility for this Lease Agreement. This parcel cannot be used for affordable
housing due to deed restrictions. All other terms of the Lease Agreement remain
in full force and effect. (PREM) District 5 (HJF)
3. Staff recommends
motion to approve: a first amendment to Water Service Agreement
(Amendment) between the County and the Town of Jupiter (Town) for additional
water service capacity reservation and connections required by Loggerhead
Marine Life Center (Center) for their proposed expansion project at Loggerhead
Park. SUMMARY: The Center
leases 2.39 acres for their scientific research and rehabilitation center for
sea turtles. The Center is in the
process of expanding their facility, which will require capacity reservation in
excess of what was previously reserved in a Water Service Agreement (Agreement)
between the County and the Town of Jupiter (R2005-1077). This first amendment
will reserve an additional 9.1 Commercial Equivalent Residential Connections
(ERC). All other terms and conditions of
the agreement remain unchanged. Pursuant
to the terms of the lease, the Center is obligated to pay all utility
connection and assessment fees and the Center has already paid the required
fees to the Town. (PREM) District 1 (HJF)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Change
Order No. 20 to the contract with Hedrick Brothers Construction Company, Inc.
(R2016-0430) increasing the Guaranteed Maximum Price (GMP) in the amount of
$2,340,317 and 284 days for the Main Detention Center Renewal/Replacement
Project. SUMMARY: The Board approved Amendment No. 2 in the amount of
$7,928,506 with Hedrick Brothers Construction Company, Inc. for the replacement
of the electronic infrastructure and systems (locking control, access, control,
intercom, CCTV, nurse call and fire alarm) in the south tower of the Main
Detention Center. This change order will
complete the replacement of all analog CCTV infrastructure and cameras located
in the south tower of the Main Detention Center Facility, which are almost 30
years old and past their useful life. The replacement of the infrastructure and
cameras with digital/IP models is required in order to maintain security and
functional standards as well as ensure consistency in video quality and
operational features. The South Tower will remain occupied during construction
except for the immediate area of work. This change order increased the contract
duration by 284 days, but overlaps with other authorized work enabling the
County to realize savings in: 1) concurrent work requirements, 2) supervision,
overhead and general condition costs, 3) security awareness/training required
for construction crews, and 4) to set performance accountability with a single
contractor. The Small Business
Enterprise (SBE) goal established by the SBE Ordinance for this contract is
15%. Hedrick Brothers Construction Co.,
Inc.’s SBE participation for this change order is 88%. Including this change order, Hedrick Brothers
Construction Co., Inc.’s overall SBE participation is 76.6%. This change
order will be funded from Countywide Building Repair/Replacement funds (Ad
Valorem). Hedrick Brothers
Construction Co., Inc. is a Palm Beach County business and it is anticipated
that 100% of this work will be performed by Palm Beach County businesses. (Capital Improvements Division) Countywide/District
2 (LDC)
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve:
A) an Agreement to Terminate Economic Development Incentive Agreement with
Cancer Treatment Centers of America Global, Inc. (Company);
B) a budget transfer of $357,500 from the Economic Development Fund to the
General Fund; and
C) a budget amendment of $357,500 in the General Fund to recognize the
transfer from the Economic Development Fund to the General Fund.
SUMMARY: On November 22, 2016, the County entered into an Economic Development
Incentive Agreement (R2016-1737) with the Company to provide a total incentive
package not to exceed $357,500 over a five year period consisting of a cash
grant not to exceed $157,500 as one half of the local match requirement to the
State’s Qualified Target Industry (QTI) Tax Refund program and a cash subsidy
not to exceed $200,000 as one half of the local match requirement to the
State’s Quick Action Closing Fund (QACF).
The Company requested to withdraw from the incentive programs at the
State and County levels. To date, the County has not disbursed any funds
pursuant to the Agreement. Execution of this Agreement to Terminate Economic
Development Incentive Agreement will amicably terminate the original Agreement.
The $357,500 cash match funded by the general fund contingency reserve is being
returned to the general fund. District 4 (JB)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to receive
and file: the following documents:
A) Amendment 001 to the Agreement (R2018-1583) with The Children’s Place at
HomeSafe, Inc. under the Community Development Block Grant (CDBG) Program;
B) Subordination Agreement - Governmental Entity with Jones Lang Lasalle
Multifamily, LLC, under the State Housing Initiatives Partnership (SHIP)
Program;
C) Conditional Loan Agreement with Gulfstream Goodwill Industries, Inc.,
under the SHIP Program;
D) Amendment 002 to the Loan Agreement (R2017-0427) with Neighborhood
Renaissance, Inc., under the Neighborhood Stabilization Program 2 (NSP2); and
E) First Amendment to Mortgage and Security Agreement and Modification of
Promissory Note with Neighborhood Renaissance, Inc., under NSP2.
SUMMARY: Amendment 001 with The Children’s Place at HomeSafe, Inc. will add
beneficiaries from a second facility located at their 4854 Haverhill Road
Campus. The Subordination Agreement -
Governmental Entity with Jones Lang Lasalle Multifamily, LLC, subordinates the
County’s mortgage, which was received in exchange for a loan for the
construction of Calusa Estates, a 114 unit affordable rental project in Belle
Glade. The Conditional Loan Agreement
with Gulfstream Goodwill Industries, Inc., provides funding for the
construction of six single occupant, housing units in West Palm Beach. Amendment 002 with Neighborhood Renaissance,
Inc., amends the Loan Agreement, which provides up to $4,500,000 for the
construction of Mango Cove Apartments, a 36 unit affordable rental project in
unincorporated Palm Beach County. The
First Amendment to Mortgage and Security Agreement and Modification of
Promissory Note with Neighborhood Renaissance, Inc., extends the completion
date of the Mango Cove Apartments project.
The attached documents have been executed on behalf of the Board of
County Commissioners (BCC) by the Mayor, the County Administrator, and the
Director of the Department of Housing and Economic Sustainability in accordance
with Agenda Item 3I-3, 3I-3, 5C-5 and 5C-6, as approved by the BCC on May 17,
2016, July 11, 2017, July 10, 2018 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. Federal CDBG and NSP2 funds
as well as State SHIP funds do not require a local match. Countywide
(JB)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to execute and consent: to an Assignment
and Assumption Agreement (Agreement) for the Brownfield Site Rehabilitation
Agreement (BSRA) between Pine Lantana Road Holdings, LLC, a Florida Limited
Liability Company (Seller) and Lantana Parcel, LLC, a Florida Limited Liability
Company (Buyer) for property located at 4965 Lantana Road, Property Control
Number 00-42-44-36-37-001-0000 (Subject Property), a Brownfield site located in
unincorporated Palm Beach County. SUMMARY: On September 27, 2016, the
County designated the subject property a Brownfield by Resolution
R2016-1417. Since that time, the BSRA
was entered into between the Seller and the Florida Department of Environmental
Protection (FDEP), the agency overseeing Brownfields in the State, for the
voluntary cleanup of the subject property. The FDEP requires that when a
Brownfield designated property is being sold, the responsibilities of the BSRA
be assigned to the new owner with the consent of FDEP and the local government
having jurisdiction over the subject property. As the local government with
jurisdiction, the County’s consent of the Agreement will facilitate assignment
of the responsibility for rehabilitation of the subject property to the Buyer
in coordination with the FDEP. Approval
by the County is required; however, the approval does not in any way obligate
the County, nor are any County funds pledged for the implementation of the
cleanup. No County funds for implementation are required. District 3
(JB)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file:
Amendment No. 2 to the State of Florida, Department of Environmental
Protection (FDEP) Amended and Restated Contract No. GC913 (R2018-1206)
providing reimbursement to the County for FDEP related training and travel
costs not to exceed $28,000. SUMMARY:
Petroleum storage tank compliance services under a series of contracts with
FDEP have been in effect since 1988. Amendment No. 2 will reimburse the County
for FDEP related training and travel costs not to exceed $28,000. Delegated
authority to sign all future time extensions, task assignments, certifications,
and other forms associated with this contract was approved June 12, 2018. In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating department as a receive and file agenda
item. Countywide (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following executed
Entertainment Contractor Agreements between Palm Beach County and
A)
Peter Sarfati, Solid Brass, Seabreeze Amphitheater, on February 14, 2019
and
B) SRB
Entertainment, LLC, Samantha Russell Band, Canyon Amphitheater, on February 16,
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)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file: the following executed Sound and Light Production
Services Contractor Agreements between Palm Beach County and
A)
Blackwood Productions, LLC, Forbidden Kingdom Festival, Sunset Cove
Amphitheater, for the period February 15, 2019, through February 18, 2019 and
B) Blackwood
Productions, LLC, Solid Brass, Seabreeze Amphitheater, for the period February
14, 2019, through February 15, 2019.
SUMMARY: These Sound
and Light Production Services Contractor Agreements have been fully executed on
behalf of the Board of County Commissioners (Board) by the Director of the Parks and Recreation
Department in accordance with Resolution 2009-0592, amended by Resolutions 2010‑0645,
2014‑0167, 2017-1368 and 2018-0179. The Department is now submitting
these Agreements in accordance with County PPM CW-O-051, which requires all
delegated contracts/agreements/grants to be submitted by the initiating
Department to the Board as a receive and file agenda item. Districts 1 & 5 (AH)
3. Staff recommends
motion to receive and file: the following executed Amphitheater Rental Agreements
between Palm Beach County and
A)
Forbidden Kingdom Music Fest, LLC, Forbidden
Kingdom Fest, Sunset Cove Amphitheater, for the period February 15, 2019,
through February 18, 2019 and
B) The Alliance for
Eating Disorders Awareness, Inc, Celebrating Everybody Walk, Sunset Cove
Amphitheater, on February 23, 2019 and
C) Grand Slam
Events, LLC, Jupiter Seafood Festival, Seabreeze Amphitheater, for the period
February 21, 2019 through February 25, 2019.
SUMMARY: These
Amphitheater Rental Agreements have been fully executed on behalf of the Board
of County Commissioners (Board) by the Director of the Parks and Recreation
Department in accordance with Resolution 2009-0335, amended by Resolutions
2009-1807, 2012-1715, and 2014-0166.
These programs are part of a balanced schedule of events, which promotes
the quality of life in the communities we serve. The Department is now submitting these
Agreements in accordance with County PPM CW-O-051, which requires all delegated
contracts/agreements/grants to be submitted by the initiating Department to the
Board as a receive and file agenda item.
Districts 1 & 5 (AH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: a Donation Agreement with the Palm Beach
County Sheriff’s Office (Sheriff) to provide ballistic vests and helmets to the
County for Fire Rescue training purposes. SUMMARY:
The Sheriff currently owns 40 Point Blank Body Armor ballistic vests and 26 3M
Level III ballistic helmets which have expired, are surplus and/or serve no
useful function to the Sheriff. This equipment will be conveyed to the County
“as is” and will be used by Fire Rescue’s Training Division for training
purposes only.
The
Sheriff typically destroys ballistic material after its useful life has been
reached or surpassed. Countywide (SB)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
2. Staff recommends
motion to approve:
A) a Memorandum of Agreement with the City
of Miami relating to Fire Rescue’s participation in the Program to Prepare
Communities for Complex Coordinated Terror Attacks Grant Program 2016 under the
United States Department of Homeland Security (USDHS) Federal Emergency
Management Agency (FEMA) Preparing for Emerging Threats and Hazards Grant
Agreement Number EMW‑2016‑GR‑00097‑S01, which will
reimburse the County for overtime costs
associated with participating in a regional full scale Complex Coordinated
Terror Attacks exercise for the period of April 16, 2019 through
September 30, 2019; and
B) a budget amendment of $15,000 within the
Fire/Rescue MSTU Fund to recognize the grant award and establish a budget for
the approved sub-recipient grant.
SUMMARY: This Memorandum of Agreement
relates to the City of Miami’s USDHS FEMA Grant Agreement Number EMW‑2016‑GR‑00097‑S01 grant
award for funding various domestic security activities within the South Florida
region. The funding to be provided by the City of Miami will reimburse the
County for overtime costs associated with Fire Rescue’s participation in a
regional full-scale CCTA exercise, known as Heat Shield 3, to be held in
May 2019. This event supports the CCTA Program’s goal of conducting exercises
to validate capabilities and identify opportunities for additional corrective
action. No County matching funds are
required. Countywide (SB)
3. Staff recommends
motion to receive and file:
fully executed standard agreements for swimming lessons for FY 2019 with:
A)
City of Palm Beach Gardens;
B)
City of West Palm Beach;
and
C)
The Young Men’s Christian
Association of the Palm Beaches, Inc.
SUMMARY: On September 27, 2005, the Board adopted
Resolution Number R2005-1906 authorizing the County Administrator, or designee
(the Fire Rescue Administrator), to execute standard agreements with
municipalities and independent contractors to provide swimming lessons to
members of the public through the Palm Beach County Drowning Prevention
Coalition’s Learn to Swim Program. These standard agreements have been fully
executed by the Fire Rescue Administrator, and are 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. Countywide (SB)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) rescind Interlocal Agreement R2016-1894;
B) approve the replacement Interlocal Agreement for network services and disaster recovery server hosting
services with the Village of Palm Springs for an annual revenue of
$4,800; 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 Village of Palm Springs has an existing Interlocal Agreement with Palm
Beach County (R2016-1894) for network services and has requested an increase in
network bandwidth and the addition of disaster recovery server hosting
services. 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 and
server hosting services to the Village of Palm Springs and will generate $4,800
in annual revenues to the County, a net increase of $1,500. The Florida LambdaRail LLC has approved
connection of the Village of Palm Springs to the Florida LambdaRail network. District
3 (DB)
X. PUBLIC SAFETY
1. Staff recommends
motion to approve: the contract for Consulting/Professional
Services with Compass, Inc., for the period retroactive to February 1, 2019
through July 31, 2019 for a not to exceed contract amount of $10,000 to provide
outreach to the Lesbian, Gay, Bisexual, Transgender, Questioning (LGBTQ+)
community. SUMMARY: Palm Beach County Division of Victim Services
(DVS) was awarded a Sexual Assault Services Program Formula Grant,
Contract#18SAS26, (R2018-1814) from the Florida Council Against Sexual Violence
(FCASV) in the amount of $99,654. To assist in meeting the requirements of the
grant with FCASV, Compass, Inc. will collaborate with the DVS to increase awareness
and accessibility of victim services within the LGBTQ+ communities by enhancing
outreach. Compass, Inc. will assign a staff member to dedicate ten hours per
week to collaborate with DVS to assist with developing LGBTQ+/safe signage and
bus shelter advertisements, provide sexual assault needs assessment to clients
referred by the various agency partners and refer to DVS, participate in tabling events, other outreach
events, and large events such as Pridefest, Red Hat Brunch, the Women’s
Wellness Conference, Transgender Day of Remembrance, promote DVS on the
Compass, Inc. website and other social media platforms, and assess for sexual
assault related issues when fielding phone calls and engaging walk-ins at the
Compass Community Center and refer to DVS. Compass, Inc. will also participate
in support groups at least once per month to discuss and promote sexual assault
services, attend the Sexual Assault Response Team monthly meeting and report
the above activities on a quarterly basis to the DVS and Certified Rape Crisis
Center. The contract is retroactive to February 1, 2019, due to the grantor’s
delay in approval of the deliverables. Countywide (LDC)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to receive and file:
A) an amended term purchase order (B3AE2F) for $250,000 for contractual
reentry services from the Florida Department of Corrections (FDC) for the
service period of August 15, 2018 through June 30, 2019, and
B) the following first amendments to Contracts/Interlocal Agreement for
Adult Reentry Services:
1. Contract
#R2018-1651, The Lord’s Place, Inc. (TLP)
2. Contract
#R2018-1652, Gulfstream Goodwill Industries, Inc. (GGI)
3. Interlocal
Agreement #R2018-1653, City of Riviera Beach
Summary: The State of Florida FY2018-19
General Appropriations Act, provided $250,000 (CSFA#70.011) in non-recurring
revenue for reentry services (case management, support services, transitional
housing, substance abuse and mental health treatment, etc.). The target
population is active and recently released inmates from a FDC facility
convicted in and returning to Palm Beach County through the Regional and State
Transitional Offender Reentry (RESTORE) Initiative. Services are provided contractually by three
agencies, TLP, GGI, and City of Riviera Beach.
The term purchase order and the contracts/interlocal agreement were
amended to adjust the pre or post release case management unit rate based on
updated agency costs to provide the services.
The overall amount of the contracts/interlocal agreement did not
change. The new unit rates were approved
retroactive to December 1, 2018. On
October 16, 2018, the Board of County Commissioners authorized the County
Administrator or designee to execute amendments associated with these
contracts/interlocal agreement after legal sufficiency by the County Attorney’s
Office and within budgeted allocations. Countywide
(LDC)
3. Staff recommends
motion to receive and file: the executed Amendment 1 to the Memorandum of
Understanding (MOU) with the Florida Department of Highway Safety and Motor
Vehicles (FLDHSMV) contract number 0612-18 (R2018-0794), to add language
addressing access to and disclosure of data that may include the deceased date
of an individual. Summary: The Division of Consumer Affairs (DCA)
received a request from FDHSMV to execute Amendment 1 to MOU #0612-18, which
amends R2018-0794 by adding language to comply with state and federal law
pertaining to data disclosure and access of deceased date of individuals. The amendment was executed and transmitted to
FDHSMV by the County on 12/18/18 and was returned to the county fully executed
on February 19, 2019. DCA uses the
FDHSMV records in order to perform driving history background checks of Vehicle
for Hire and Tow Truck driver applicants; deceased dates of individuals are not
used as part of the permitting process.
R2018-0798 authorized the County Administrator or designee to sign
future FDHSMV MOUs along with all attachments and required applications,
certifications, amendments, renewals or updated memoranda for access, as well
as, other forms necessary to maintain an active status with the FDHSMV for
driver history checks to verify compliance with the Vehicle for Hire and Tow
Truck Ordinances administered by the DCA.
Countywide (LDC)
APRIL 16, 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, accepting the grant award
for FY18 Section 5310 from the State of Florida Department of Transportation
(FDOT), in the amount of $1,096,966 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);
B) authorize the County Administrator or designee to sign the Notice of Grant Award
FFY2018/YR43;
C) approve the purchase of 15 paratransit vehicles from Florida
Transportation Systems, Inc. from FDOT Contract TRIPS-17-CA-FTS-C utilizing $1,096,966
in FDOT funds, $121,885 in required match and $13,549 in overmatch for a
cumulative purchase price of $1,232,400 pursuant to the terms and conditions of
the Notice of Grant Award FFY2017
Section 5310;
D) authorize the County Administrator or designee to submit FDOT Order Form Contract
TRIPS-17-CA-FTS-C to request purchase of the vehicles/equipment and/or
expenditure of grant funds pursuant to a grant award;
E) approve a downward budget amendment of
$135,434, in Palm Tran’s Operating Fund 1340, to reallocate funds to Palm
Tran’s Capital Fund 1341 to meet match requirements;
F) approve an upward budget amendment of $135,434, in Palm Tran’s Capital Fund 1341, to establish
match funds; and
G)
approve a budget transfer
of $135,434, in the General Fund 0001, reducing the transfer to Palm Tran
Operating Funds 1340 and increasing the transfer to Palm Tran Capital Fund 1341
to establish revenue budget for non-grant funded expenditures.
SUMMARY: Palm Tran will utilize this grant to purchase 15 replacement paratransit
vehicles at a total cost of $1,232,400. The vehicles being replaced were purchased in
2015 with the Public Improvement Revenue Bond funds and have reached their end
of life. This Notice of Grant Award, in the amount of $1,096,966, for
FY2018 Section 5310 funds requires a 10% match of $121,885. An overmatch of $13,549 is required to fully
equip the vehicles to place them into service. The Notice of Award became
effective upon FDOT Execution on February 11, 2019 and vehicles must be ordered
by May 15, 2019. The required match is included in Palm Tran’s FY2019
budget. Countywide (DR)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
2. Staff recommends
motion to:
A) adopt a resolution of the Board of County
Commissioners (BCC), of Palm Beach County, Florida, accepting the grant award
for FY16 Section 5310 from the State of Florida Department of Transportation
(FDOT), in the amount of $436,425 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);
B)
authorize the County
Administrator or designee to sign the Notice of Grant Award FFY2016;
C)
approve the purchase of six
paratransit vehicles from Florida Transportation Systems, Inc. from FDOT
Contract TRIPS-17-CA-FTS-C utilizing $436,425 in FDOT funds, $48,492 in
required match and $8,043 in overmatch for a cumulative purchase price of
$492,960 pursuant to the terms and conditions of the Notice of Grant Award FFY2016 Section 5310;
D) authorize the County Administrator or designee to submit FDOT Order Form for
Contract TRIPS-17-CA-FTS-C to request purchase of the vehicles/equipment and/or
expend grant funds pursuant to a grant award;
E) approve a downward budget amendment of
$56,535, in Palm Tran’s Operating Fund 1340, to reallocate funds to Palm Tran’s
Capital Fund 1341 to meet match requirements;
F) approve an upward budget amendment of $56,535, in Palm Tran’s Capital Fund 1341, to establish
match funds; and
G)
approve a budget transfer
of $56,535, in the General Fund 0001, reducing the transfer to Palm Tran
Operating Funds 1340 and increasing the transfer to Palm Tran Capital Fund 1341
to establish revenue budget for non-grant funded expenditures.
SUMMARY:
Palm Tran will utilize this
grant to purchase six replacement paratransit vehicles at a total cost of
$492,960. The vehicles being replaced were purchased in
2015 with the Public Improvement Revenue Bond funds and have reached their end
of life. This Notice of Grant
Award, in the amount of $436,425, for FY16 Section 5310 funds requires a 10%
match of $48,492. An overmatch of $8,043
is required to fully equip the vehicles to place them into service. The Notice
of Grant Award became effective upon FDOT Execution and vehicles must be
ordered by May 15, 2019. The required
match is included in Palm Tran’s FY2019 budget. Countywide (DR)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
3. Staff recommends
motion to:
A) approve the Fiscal Year 2019 Certifications and
Assurances to the Federal Transit Administration (FTA); and
B)
authorize the County
Administrator or designee to electronically execute and file the required
Certifications and Assurances on behalf of the Board of County Commissioners
(BCC) and to bind the BCC’s compliance with the Certifications and Assurances.
SUMMARY:
On March 13, 2019, the FTA released the FY2019 list
of Certifications and Assurances. The
annual list covers 18 categories; such as Lobbying, Alcohol and Controlled
Substances Testing, Seniors and Individuals with Disabilities Programs,
Non-Discrimination, DBEs and Hiring Preferences. FTA requires grantees to submit
Certifications and Assurances within 90 days of publication to signify the
County’s commitment to comply with requirements applicable to any award the
County pursues during FY2019. The FTA
also requires an affirmation from the applicant's attorney that the applicant
has authority to make and comply with the Assurances. This document does not allocate any funding
or pledge any county funds. Countywide (DR)
BB. YOUTH SERVICES
1. Staff recommends
motion to approve: an Addendum to Interlocal Agreement (R2014-0863)
(Addendum) with the Children’s Services Council of Palm Beach County (CSC),
extending the Agreement one year, October 1, 2019 through September 30, 2020,
to allow the County more time to meet its commitment to expand
evidence-based/promising programming for youth and young adults, at no
additional cost to the County. SUMMARY: In
June 2014, the Board of County Commissioners (Board) approved an Interlocal
Agreement (Agreement) with the CSC, which implemented the partnership between
the CSC and the County relative to the federal Head Start Program. The
Agreement created the framework for local program support and the transfer of
local program oversight and matching fund provision to the CSC. Over a
five-year timeframe, the Agreement obligated the County to make annual payments
towards the Head Start match for the first four years, ending in July 2018, and
beginning in October 2016, obligated the County to reallocate the amount equal
to the reduction in the annual match to fund additional youth programming. All
the payments to the CSC required under the Agreement have been made and this
Addendum allows the County additional time to invest in additional
evidence-based/promising programming for youth and young adults and fulfill its
necessary reporting requirements. Countywide (HH)
APRIL 16, 2019
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
A)
a Community Based Agency
Contract with Boys and Girls Clubs of Palm Beach County, Inc. (BGCPBC), for the
period April 16, 2019 through September 30, 2019, in an amount not to exceed
$230,000 for the Career Bound 2.0 Program to prepare youth and young adults for
college and career readiness including summer employment opportunities; and
B) a
budget transfer of $230,000 in the General Fund from the Head Start Match
reallocation (Unit 1451) for evidence-based/promising programming to fund the
cost associated with this contract.
SUMMARY: The BGCPBC seeks
to partner again with Palm Beach County in 2019 to fund the Career Bound 2.0
Program (Program). This funding will allow the BGCPBC to serve up to a total of
140 youth at four of its Clubs – Belle Glade Teen Center, Florence De George
and Marjorie S. Fisher Clubs in West Palm Beach, and Max M. Fisher in Riviera
Beach. This multi-prong Program will equip 120 teens and 20 alumni with the
knowledge, skills, academic success, personal attributes, and first-employment
experience required to be career ready. In addition, up to 40 youth will be
employed through the teen employability component over a period of ten weeks
during the summer, allowing each participant to be employed as Junior staff for
up to 40 hours per week with one day weekly assigned for training including job
coaching and career exploration. The County has provided funding for summer
programs for four (4) years. Last summer, the Program resulted in a 97.5%
increased employability and work readiness skills, and provided 45 employment
opportunities to youth, exceeding contracted expectations. Districts
2, 6 & 7 (HH)
CC. SHERIFF
1. Staff recommends
motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office, a Sub-Contract
Agreement between the Palm Beach County Sheriff’s Office and the Florida
Department of Transportation, for the State of Florida Drug Recognition Expert
(DRE) Call-Out Project in the amount of $2,500, for the period of March 26,
2019 through September 1, 2019; and
B) approve a budget amendment of $2,500 in the Sheriff’s Grant Fund.
SUMMARY: On March 7, 2019, the Florida Department of
Transportation (FDOT) awarded a DRE grant to the Palm Beach County Sheriff’s
Office in the amount of $2,500, to support FDOT’s efforts to reduce Driving
under the Influence traffic offenses. These funds will be used to pay for
overtime costs to conduct a DRE evaluation. There is no match requirement associated with this award. Countywide (LDC)
* * * * * * * * * * * *
APRIL 16, 2019
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. 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 signing and
submission of the FY2017 Section 5310 grant application, supporting documents
and assurances to the Florida Department of Transportation (FDOT);
B) authorize the County Administrator or designee to sign the application,
supporting documents and assurances and accept a resulting grant award with
terms consistent with the grant application and resolution authorizing the
grant application’s signing and submission;
C) approve the purchase of 12 paratransit vehicles from Florida
Transportation Systems, Inc. from FDOT Contract TRIPS-17-CA-FTS-C utilizing
$883,244 in FDOT funds, $98,138 in required match and $4,538 in overmatch for a
cumulative purchase price of $985,920 pursuant to the terms and conditions of
the resulting Notice of Grant Award;
D) authorize the County Administrator or designee to submit the Order Form FDOT
Contract TRIPS-17-CA-FTS-C to request purchase of the vehicles/equipment and/or
expenditure of grant funds pursuant to a grant award;
E) approve an upward budget amendment of $102,676 in Palm Tran’s Capital Fund 1341 to
establish matching funds; and
F) approve
a budget transfer in the General Fund 0001 of $102,676 decreasing the
Contingency Reserves and increasing the transfer to Palm Tran’s Capital Fund
1341.
SUMMARY: Palm Tran is submitting the FY17 Section 5310 application CFDA 20.513,
for the acquisition of 12 replacement paratransit vehicles, at an anticipated
cost of $985,920. The
vehicles being replaced were purchased in 2015 with the Public Improvement
Revenue Bond funds and have reached their end of life. The grant will provide $883,244 of the
projected cost and requires a local match of $98,138 (10%). An overmatch of $4,538 is required to fully
equip the vehicles to place them into service. Palm Tran is requesting the
match, in the amount of $102,676, from the General Funds Contingency
Reserves. The grant has an anticipated
start date of April 2019 and is expected to be completed by September 2019. Countywide
(DR)
APRIL 16, 2019
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. OFFICE OF FINANCIAL
MANAGEMENT AND BUDGET
Continued
from January 15, 2019
1.
Staff recommends
motion to:
A) adopt an
ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending the Palm Beach County Unified Land Development Code, Ordinance 2003-70,
as amended, by amending Article 13, concerning countywide impact fee amounts
and certain benefit zones, as follows: Chapter B – County district, regional,
and beach parks impact fee; Chapter C – fire-rescue impact fee; Chapter D –
library impact fee; Chapter E – law enforcement impact fee; Chapter F – public
buildings impact fee; Chapter G – school impact fee; Chapter H – road impact
fee; providing for repeal of laws in conflict; providing for severability;
providing for inclusion in the Unified Land Development Code; providing for an
effective date.
B) implement:
I. reduced road impact fees for residential and general retail where
calculated by the methodology;
II. school impact fees at 95% of the amount calculated by the methodology
phased in over a two year period;
III. reactivation of fire rescue impact fees at 95% of the amount calculated
in the methodology;
IV. parks, public buildings, library, law enforcement and all other road
impact fees at the current levels; and
V. changes to the road, school and park impact fee benefit zones.
C) authorize staff to enter a new contract with Tindale
Oliver Associates to revise the impact fee update report to
capture the latest trip generation rates, capital infrastructure costs and
credits.
SUMMARY: The first reading was approved by the BCC on December 4, 2018
with permission to advertise the Public Hearing on January 15, 2019. This item is continued from the Public
Hearing on January 15, 2019. At the
Commission meeting on January 15, 2019, the Board of County Commissioners (BCC)
directed staff to meet with various construction and development industry
representatives so that consultants Tindale Oliver & Associates (TOA) could
provide a detailed explanation of the impact fee study and methodology.
During the March 13th meeting, TOA revealed that the latest
Institute of Traffic Engineers (ITE) data showed trip generation rates had
declined since the completion of the impact fee update; that inclusion of the
latest ITE data would result in lower road impact fees for general office at
less than or equal to 200,000 square feet and certain other land uses; that the
2015 capital infrastructure costs used in the report were now old.
Considering this information, staff now recommends entering a new contract with
TOA so that the impact fee update report may be revised to capture the latest
ITE data and the most recent capital infrastructure costs.
Preliminary estimates are that the revisions will cost between $115K - $145K
and take approximately one year to complete. Following completion of
these updates, staff will bring the impact fee study back to the BCC for final
consideration and adoption. Fees were last increased June 14, 2014. Countywide
(LB)
* * * * * * * * * * * *
APRIL 16, 2019
A. FACILITIES DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to:
A) confirm previous BCC direction to design and construct a County owned Supervisor
of Elections (SOE) Production Facility (Production Facility); and
B) commence design for the
facility and proceed with a priority which will allow the County-owned
Production Facility to be ready for occupancy no later than June 21, 2023.
SUMMARY: On July 21, 2009 (R2009-1211) the
Board entered into a Sublease with Huttig Building Products (Huttig or Lease)
for 76,603 sf of warehouse and office space for the SOE. On September 22, 2015, the BCC approved
(R2015-1342) an extension to the lease for a period of five years, with one
option to renew for two years, which if fully exercised would extend the lease
to June 21, 2023 and recommended that the County and SOE explore options to
construct a County owned facility for the SOE with a targeted completion date
prior to the expiration of this term. In
September 2018, the Board approved $1,500,000 to commence the design of a
County-owned SOE Production Facility, but staff planned to: 1) seek
confirmation on the decision to construct a County-owned facility to replace
the existing leased space; and 2) commence and prioritize staff efforts and
capital funding to coincide with delivering the facility at the right point in
the election cycle. Staff has conducted
early coordination with Supervisor Link who concurs with the need to move
forward with plans for a County facility that better meets the needs of the SOE
and has the flexibility to be responsive to the changing
requirements/equipment. It is the opinion of Supervisor Link that significant
program improvements and efficiencies would be realized if the two facilities
(Main Office on Gun Club) and the Production Facility (in Riviera Beach) were
co-located. As such, the first task assigned to the design team will be a full
programming study and site analysis to document those efficiencies, develop
options for accomplishing same on County owned property, and compare a
co-located option against the current option which has the Main Office and the
Production Facility on properties approximately 2 miles apart. In order to
complete the programming study and site analysis, design and construction by
the beginning of 2023, it will be necessary to make this the highest priority
of all new construction projects. (PREM)
(Countywide/District 7) (HJF)
APRIL 16, 2019
5. REGULAR AGENDA
B. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment No.
2 to the contract for Provision of Financial Assistance with Southeast Florida Behavioral Health
Network, Inc.(R2018-1678) (SEFBHN), to extend the end date from May 31, 2019 to
September 30, 2019 and increase the contract amount by $798,000 for a new total
contract amount not to exceed $1,348,000, 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 and
substance use disorders. SUMMARY: On
October 16, 2018, the Board of County Commissioners (BCC) authorized staff to
continue a previous six-month contract with SEFBHN, for the period of October
1, 2018 through March 30, 2019, to expand treatment options in the County.
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. On March 12, 2019, the
BCC approved Amendment No. 1 extending the end date to May 31, 2019. Under
Amendment No. 2, SEFBHN will continue to subcontract with agencies for the
provision of additional treatment beds, including scholarships from private
treatment of substance use disorders and detox facilities, and will continue to
provide for the engagement of families with children at risk of addiction
through targeted prevention efforts and family members with custody of children
of substance using parents. Expanded services under this agreement will provide
outreach and other services to substance using pregnant women and women with
children, provide recovery support services through recovery peer support and
establishment of recovery community centers and allied recovery community
organizations, and facilitate planning and data integration efforts through an
Opioid Response Plan steering committee and other County initiatives. 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. (Community Services Department) Countywide
(HH)
APRIL 16, 2019
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve on
preliminary reading and advertise for a public hearing on May 7, 2019 at 9:30
a.m.: an ordinance of the Board of County
Commissioners of Palm Beach County, Florida, establishing an exemption from
certain ad valorem taxation to encourage economic development in the County for
Carrier Corporation, an existing business; providing for a finding that
requirements have been met; providing for the amount of revenue available from
ad valorem tax sources for the current fiscal year; providing for the amount of
revenue lost by virtue of the economic development ad valorem tax exemptions
currently in effect; providing for the estimated revenue lost attributable to
the exemption granted to Carrier Corporation; providing for the period of time
for which the exemption will remain in effect and the expiration date of the
exemption; providing for annual reporting requirement; providing for
applicability; providing for inclusion in the Code of Laws and Ordinances;
providing for severability; providing for repeal of laws in conflict; and
providing for an effective date. SUMMARY: This item seeks Board of
County Commissioners (BCC) approval of an ad valorem tax exemption ordinance on
preliminary reading and permission to advertise for a public hearing on May 7, 2019.
On April 2, 2019 (Agenda Item 5C-2), the BCC approved Economic Development
Incentive Agreement (Agreement) with Carrier Corporation (Company) for Project
Knight providing a cash grant in an amount not to exceed $70,000 over a six
year period and an Ad Valorem Tax Exemption in an amount not to exceed $650,000
over a six year period. The Company which is owned by United Technologies
Corporation, serves customers in the commercial aerospace, defense, and
building industries. The State of
Florida approved a Qualified Target Industry (QTI) tax refund for the Company
in the amount of $700,000. Of this amount, $560,000 is from the State of
Florida and $140,000 is a required match from local government entities, split
equally between Palm Beach County ($70,000) and the City of Palm Beach Gardens
($70,000). The BCC approved an
additional incentive in the form of an Ad Valorem Tax Exemption in an amount
not to exceed $650,000 based on the high average and median wages of the jobs
to be created as well as the significant economic impact of this project and
the Company’s key role in the County’s economic success and competitiveness.
The Agreement requires the Company to make a minimum $25 Million capital
investment, create 100 new jobs over a three year period at an annualized
average wage of $91,124 excluding benefits and a median wage of $64,000
excluding benefits. The Company is
required to maintain the new jobs for five years from the date the Agreement
becomes effective. This project is
estimated to have a $248 Million economic impact over a five year period. As required under Palm Beach County’s
Economic Development Ad Valorem Tax Exemption Program implemented by the BCC
through adoption of Ordinance 2013-022, the Company has filed an application
with the Property Appraiser’s (PA) office, and the PA has issued a
determination that the project meets the requirements under Florida Statute
196.012 for an Ad Valorem Tax Exemption (attached as Exhibit B to the proposed
Ordinance). This Ordinance is being
presented to the BCC as required by Florida Statute. The Ad Valorem Tax
Exemption is for real property and tangible personal property improvements
undertaken as the Company renovates and equips an existing facility in Palm
Beach Gardens. Additionally, in Agenda Item
5C-2 the BCC is being requested to approve a similar ordinance for Project
Diamond which is also being undertaken by the Company. Project Knight and Project Diamond are
separate projects of the Company and there will be no duplication in the jobs
created or maintained for each. District 1 (JB)
APRIL 16, 2019
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to approve on
preliminary reading and advertise for a public hearing on May 7, 2019 at 9:30
a.m.: an ordinance of the Board of County Commissioners of Palm Beach
County, Florida, establishing an exemption from certain ad valorem taxation to
encourage economic development in the County for Carrier Corporation; providing
for a finding that requirements have been met; providing for the amount of
revenue available from ad valorem tax sources for the current fiscal year;
providing for the amount of revenue lost by virtue of the economic development
ad valorem tax exemptions currently in effect; providing for the estimated
revenue lost attributable to the exemption granted to Carrier Corporation;
providing for the period of time for which the exemption will remain in effect
and the expiration date of the exemption; providing for annual reporting
requirement; providing for applicability; providing for inclusion in the Code
of Laws and Ordinances; providing for severability; providing for repeal of
laws in conflict; and providing for an effective date. SUMMARY: This
item seeks Board of County Commissioners (BCC) approval of an ad valorem tax
exemption ordinance on preliminary reading and permission to advertise for a
public hearing on May 7, 2019. On October 20, 2015, the Board of County
Commissioners (BCC) approved an Economic Development Incentive Agreement
(R2015-1521) with Carrier Corporation and Otis Elevators Company for Project
Diamond providing an Ad Valorem Tax Exemption in an amount not to exceed $3
Million over a ten year period. Carrier
Corporation (Company) which is owned by United Technologies Corporation, serves
customers in the commercial aerospace, defense, and building industries. The State of Florida approved a Qualified
Target Industry (QTI) tax refund for the Company in the amount of $2.66 Million. Of this amount, $2,128,000 is from the State
of Florida and $532,000 is a required local match from Palm Beach County. The City of Palm Beach Gardens approved a
cash incentive totaling $630,000 and a 100% Ad Valorem Tax Exemption for up to
five years and a 50% exemption for year six through ten. The BCC approved an additional incentive in
the form of an Ad Valorem Tax Exemption in an amount not to exceed $3 Million
based on the high average and median wages of the jobs to be created as well as
the significant economic impact of this project and the Company’s key role in
the County’s economic success and competitiveness. The Agreement requires the Company to make a
minimum $115 Million capital investment, create 380 new jobs over a six year
period at an annualized average wage of $85,000 excluding benefits and retain
these jobs for a period of five years.
Additionally, 70 existing full-time jobs are required to be retained for
a period of five years. The Company is
required to maintain the new jobs for five years from the date the Agreement
becomes effective. This project is estimated to have a $662 Million economic
impact over a five year period. As
required under Palm Beach County’s Economic Development Ad Valorem Tax Exemption
Program implemented by the BCC through adoption of Ordinance 2013-022, the
Company has filed an application with the Property Appraiser’s (PA) office, and
the PA has issued a determination that the project meets the requirements under
Florida Statute 196.012 for an Ad Valorem Tax Exemption (attached as Exhibit B
to the proposed Ordinance). This
Ordinance is being presented to the BCC as required by State statute. The Ad Valorem Tax Exemption is for real
property and tangible personal property improvements undertaken as the company
renovates and equips an existing facility in Palm Beach Gardens. District 1
(JB)
APRIL 16, 2019
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to adopt: a resolution
of the Board of County Commissioners of Palm Beach County, Florida, approving
the Local Housing Assistance Plan (LHAP) as required by the State Housing
Initiatives Partnership (SHIP) Program Act, Subsections 420.907-420.9079,
Florida Statutes, and Rule Chapter 67-37, Florida Administrative Code;
authorizing and directing the County Administrator, or designee, to execute any
necessary documents and certifications needed by the State; authorizing the
submission of the LHAP for review and approval by the Florida Housing Finance
Corporation (FHFC); and providing an effective date. SUMMARY: Palm Beach
County has participated in the SHIP Program since 1993. The State requires that Palm Beach County
submit an LHAP to FHFC every three years.
The proposed LHAP, which is due May 2, 2019, covers Fiscal Years
2019-2020, 2020-2021, and 2021-2022. By
approving the LHAP and submitting it to FHFC, the County will be in a position
to receive funding under the SHIP Program during the three upcoming years when
the State makes funding allocations to participating jurisdictions. The proposed LHAP maintains the existing
strategies, which are: Purchase Assistance, First Mortgage Loan Assistance
Program, Owner Occupied Housing Rehabilitation, Emergency Repairs, Replacement
Housing, Disaster/Post Disaster/Mitigation Recovery, Foreclosure Prevention,
Rental Housing Entry Assistance, Developer Assistance Rental Program, and
Single Family New Construction. In
addition, two new strategies are being proposed: Developer Homeownership
Program strategy and the Maintenance of the Existing Supply of Affordable
Housing Incentive Strategy. The LHAP
strategies are detailed in Attachment 4 to this agenda item. Additionally, the
proposed LHAP includes a definition for “Project Delivery Costs” which will be
used to clarify costs associated with project implementation, and a first
priority ranking for Veterans, Special Needs and Family Self Sufficiency (FSS)
Program graduates. SHIP regulations
require that at least 65% of a local jurisdiction’s allocation be earmarked for
homeownership activities. These are
State SHIP funds which require no local match. Countywide (JB)
APRIL 16, 2019
5. REGULAR AGENDA
D. ADMINISTRATION
1. Staff recommends
motion to approve: a modification of the Economic Development Incentive
(EDI) Agreement audit requirement and retention of the existing performance
security requirement. SUMMARY:
Staff is recommending to the Board of County Commissioners’ (BCC) to consider
approval of a modification to the EDI Agreement audit requirement and
retention of the existing performance security requirement. On January 15,
2019, the BCC directed staff to revisit the EDI Agreement audit and performance
security requirements in connection with the Board’s discussion regarding the
termination of the Agreement with TBC Corporation. County Administration and the Department of
Housing & Economic Sustainability (HES) staff developed the recommended
modifications with input from the Inspector General’s Office, the Internal
Auditor, the Office of Financial Management and Budget, the Business
Development Board (BDB) and the State Department of Economic Opportunity. On
March 26, 2019, County Administration and HES staff met separately with the BDB
staff regarding the proposed recommendations on the two subject provisions.
Based on feedback received April 4, 2019, the BDB supports staff recommendations
on the two subject provisions. Staff is recommending the BCC eliminate the
County’s existing audit requirement and accept the State’s audit
requirement. The State utilizes their
external auditor, RSM, (also the County’s external auditor) to demonstrate the
company’s compliance with the required information (number of new jobs created,
existing and new jobs retained and average annual wage of new jobs) for a
three-year job maintenance period on a payment request basis. Whereas, under
the County requirements, companies are allowed to utilize an internal or
external auditor to demonstrate compliance with the required information
(number of new jobs created, existing and new jobs retained, average annual and
median wage for new jobs and capital investment and advertising compliance) for
a five-year job maintenance period at the end of the Agreement term. If the BCC
accepts the State audit requirements it would not include the additional
information required by the County related to the capital investment,
advertising and median wage. HES staff would verify compliance with these three
additional requirements through internal reports from the company. Staff is also recommending the BCC retains
the County’s existing performance security requirement. The County provides
incentives in the form of cash and/or Ad Valorem Tax Exemption and requires
companies to meet all required terms for the duration of the Agreement.
Whereas, the State provides incentives in the form of refunds on certain taxes
paid, through the Qualified Target Industry Tax (QTI) and does not require
repayment on any funds disbursed, regardless if the company fulfills all
required terms for the duration of the Agreement. (The State also has a High
Impact Performance Incentive program, which provides incentives in the form of
cash and requires a form of security on a case by case basis. However, the
County has not yet participated in this program). Both the State and the County
allow for a pro-rata share of the payment if companies fall below 100% of the
new job creation commitment. However if the job creation falls below 80% of the
commitment, the Agreement could be terminated. Staff supports maintaining the
County’s performance security in the form of an irrevocable Letter of Credit or
Cash Bond to continue to protect taxpayer dollars as well as reduce potential
litigation costs to recover disbursed funds.
The BCC’s approval of the modification to the County’s audit requirement
would make the County’s EDI Agreement provisions align substantially with the
State requirements. On October 16, 2018,
the BCC approved ten modifications to the EDI Agreement (5B-1) to mirror the
State definitions and streamline certain programmatic requirements, and to
retain the audit and performance security requirements. Approval of this
modification to the audit requirement will further align State and County requirements. Staff
recommends BCC approval. Countywide
(JB)
* * * * * * * * * * * *
RECESS
AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE CHILD CARE
FACILITIES BOARD
APRIL 16, 2019
6. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE CHILD
CARE FACILITIES BOARD
A. HEALTH DEPARTMENT
1. Staff recommends
motion to approve: the appointment
of one member to the Child Care Advisory Council to fill the position of a
representative who operates a parochial child care facility. The appointment
will expire September 30, 2020.
NOMINEE: SEAT #:
REQUIREMENT: NOMINATED BY
Sandra Wilensky 3 Represents and operates a Staff
parochial child care facility.
SUMMARY:
The Child Care Advisory
Council is comprised of seven members who serve at the pleasure of the Board of
County Commissioners. Members must consist
of two members who represent and operate private child care facilities in Palm
Beach County, one of whom operates a family day care home or large family child
care home; one member who represents and operates a parochial child care
facility in Palm Beach County; one consumer protection enforcement official;
one member for fire protection, engineering or technology; and one member who,
at the time of appointment, was the parent of a child attending a child care
facility in Palm Beach County; and one representative from the Florida Department of Children and Families. The applicant for appointment to Seat # 3,
Sandra Wilensky, is the operator of a child care facility owned by Temple Beth
Torah of Palm Beach County, Inc. With this approval, the Council will consist
of seven members: one African-American male (14.3%), one African-American
female (14.3%), and five Caucasian females (71.4%). The gender ratio (female: male) is 6:1. Countywide
(HH)
* * * * * * * * * * * *
ADJOURN
AS THE CHILD CARE FACILITIES BOARD
RECOVENE
AS THE BOARD OF COUNTY COMMISSIONERS
APRIL 16, 2019
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 16, 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."