June 18, 2019

9:00am

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 18, 2019

 

PAGE             ITEM

 

20                    3H-3               DELETED FOR FURTHER STAFF REVIEW (FDO)

 

21                    3H-5               DELETED FOR FURTHER STAFF REVIEW (FDO)

 

29                    3K-6                REVISED MOTION: Staff recommends motion to approve: A) Work Authorization (WA) No. 2 to the contract for Optimization and Improvements Design-Build with Cardinal Contractors Inc., for the Water Treatment Plant (WTP) No. 3, 9 and 11 Fluoride System Improvements (Project) in the amount of $1,897,879.71 $1,985,000; and B) a budget transfer of $1,985,000 in the Capital Improvement Fund.  The transfer funds the contract with monies from the Western Region Operations Center and Reclaimed Water System units both which were completed under budget.  (WUD)

 

31                    3K-8                REVISED SUMMARY: approved the WUD Continuing Construction Contract for Pipe Wet Tapping and Line Stops (R2016-0894) with Rangeline Tapping Services, Inc.  The Contract provides materials and installation services for system-wide pipe wet tapping and line stops projects in the amount of $4,763,649.10.  The Contract included a 12-24-month term with the option of two 12-month renewals at the discretion of the County. On January 10, 2017, Amendment No. 1 (R2017-0076) to the Contract reduced the Labor Unit Price for Bid Item No.235 (Mobilization/Demobilization (4”-16” Pipe Size) from $5,000.00 to $500.00 decreasing the Contract amount by $270,000 for a total Contract amount of $4,493,649.10. (WUD)

 

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 (*).


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JUNE 18, 2019

 

 

                                                                                                                                    COMMISSION

                                                                                                                                    CHAMBERS

 

 

PRESENTATION OF EMPLOYEE SERVICE AWARDS - 9:00 A.M.   (Page 7)

 

 

 1.        CALL TO ORDER – 9:30 A.M.

 

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 8)

D.        Commissioner Comments (Page 9)

 

 3.        CONSENT AGENDA (Pages 10-39)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Page 40-42)

 

 5.        REGULAR AGENDA (Pages 43-50)

            TIME CERTAIN: 2:00 P.M. – 5E-1 – FACILITIES DEVELOPMENT AND OPERATIONS (Page 47)

 

 6.        BOARD APPOINTMENTS (Page 51)

 

 7.        ADJOURNMENT (Page 52)

 

 

 

 

* * * * * * * * * * *


JUNE 18, 2019

 

 

TABLE OF CONTENTS

 

 

PRESENTATION OF EMPLOYEE SERVICE AWARDS (Page 7)

 

STAFF COMMENTS (Page 8)

 

COMMISSIONER COMMENTS (Page 9)

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 10

            3A-1    Appointments to the Water Resources Task Force

 

B. CLERK & COMPTROLLER

Page 10

            3B-1    Warrant list

            3B-2    Change orders, work task orders, minor contracts, final payments, etc.

            3B-3    Contracts and claims settlements list

            3B-4    Report of County Officials Bonds

 

C. ENGINEERING & PUBLIC WORKS

Page 11

            3C-1   Receive and file proportionate share agreement with ZF Development II, LLC

            3C-2   Receive and file proportionate share agreement with Lennar Homes, LLC

            3C-3   Receive and file proportionate share agreement with Cleveland Clinic Florida Health System Nonprofit Corporation

            3C-4   Receive and file a report of plat recordations from October 1, 2018 through March 31, 2019

            3C-5   Change order with Weekley Asphalt Paving, Inc. for contract extension on the SW 18th Street and Military Trail project

 

D. COUNTY ATTORNEY

Page 12

            3D-1   Amendment to contract with Locke Lord LLP for bond counsel and related legal services

            3D-2   Amendment to contract with Bryant Miller Olive, P.A. for disclosure counsel and related legal services

 

F. AIRPORTS

Page 12

            3F-1    Change order to contract with West Construction, Inc. for a time extension for the Southside Redevelopment Phase 1 & 2 at Palm Beach County Park Airport

Page 13

            3F-2    Easement agreements with Comcast Cable Communications Management LLC for cable installation to hangar buildings leased and operated by Atlantic at Palm Beach International Airport

            3F-3    Receive and file license agreement with United Airlines, Inc.

            3F-4    Receive and file an Into-Plane Fueling Services Permit with FSM Group, LLC

            3F-5    Receive and file license agreement with Sky Chefs, Inc.

            3F-6    Receive and file an Automobile Transport Operator Permit with FL Auto Hauling, LLC

Page 14

            3F-7    Receive and file license agreement with All-Site Construction, Inc.

            3F-8    Receive and file consent to sublease between Aircraft Service International, Inc. and FSM Group, LLC

            3F-9    Receive and file consent to sublease documents for Signature Flight Support Corporation with 14 corporations

 

 

 

 

 

JUNE 18, 2019

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS (Cont’d)

Page 15

            3F-10  Receive and file extensions of time to nine Joint Participation Agreements

Page 16

            3F-11  Amendment to contract with The Morganti Group, Inc. for Construction Manager at Risk Services for airport terminal improvements/enhancements

            3F-12  Amendment to contract with The Morganti Group, Inc. for Construction Manager at Risk Services for airport improvements in Concourse C

Page 17

            3F-13  Contract with Ranger Construction Industries, Inc. for northeast airfield improvements at Palm Beach International Airport

Page 18

            3F-14  Amended and restated fuel farm facilities lease agreement with Aircraft Service International, Inc.

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 18

            3G-1   Recording of the FY 2018 retirements of tangible personal property

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 19

            3H-1   Amended and restated license agreement with Genealogical Society of Palm Beach County, Inc. for use of the Main Library

            3H-2   Amended and restated Interlocal Agreement with the City of Coconut Creek for interoperable communications

Page 20

            3H-3   Amended and restated agreement with Delray Medical Center Inc., for interoperable communications

            3H-4   Amended and restated agreement with the Department of Homeland Security, Transportation Security Administration for interoperable communications

Page 21

            3H-5   Amended and restated agreement with JFK Medical Center Limited Partnership for interoperable communications

            3H-6   Amended and restated agreement with St. Mary’s Medical Center, Inc. for interoperable communications

Page 22

            3H-7   Amended and restated agreement with Wellington Regional Medical Center, LLC for interoperable communications

            3H-8   Work order to contract with All Site Construction, Inc. for the Okeeheelee Park Ski Slalom Course Boat Dock Replacement project

Page 23

            3H-9   Change order to contract with Robling Architecture Construction, Inc. decreasing the guaranteed maximum price for HVAC improvements at two Water Utilities buildings

Page 24

            3H-10 Contract with Kaufman Lynn Construction, Inc. for the Canyon District Park project

 

                       

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 25

            3I-1     Budget amendment for the Workforce Housing Trust Fund

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

K. WATER UTILITIES

Page 26

            3K-1    Receive and file executed Standard Potable Water and Wastewater Development Agreements received during the months of February and March 2019

Page 27

            3K-2    Contract with B&B Underground Construction Inc., for Water District Improvements Phase 2 Wynnewood Acres Project

            3K-3    Contract with Midas SouthEast, LLC for the Lift Station Rehabilitation 2018 project

Page 28

            3K-4    Consultant Services Authorization with Kimley-Horn and Associates, Inc. for Water Treatment Plant No. 8 Rehabilitation and Replacement Evaluation project

            3K-5    Work authorization to contract with Globaltech, Inc. for Water Treatment Plant No. 8 Anion Exchange Rehabilitation and Cleaning project

Page 29

            3K-6    Work authorization to contract with Cardinal Contractors Inc. for Water Treatment Plant No. 3, 9 and 11 Fluoride System Improvements project

Page 30

            3K-7    Contract with D.B.E. Management, Inc. for the 24” Reclaimed Water Main Extension project

Page 31

            3K-8    Amendment to contract with Rangeline Tapping Services, Inc. for pipe wet tapping and line stops

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 31

            3L-1    Receive and file amendment to grant agreement with the State of Florida Department of Environmental Protection, Land and Water Conservation Fund Program

Page 32

            3L-2    Work order to contract with McCulley Marine Services, Inc. for construction of artificial reefs

            3L-3    Recreational Trails Program grant agreement with the State of Florida, Department of Environmental Protection for the Royal Palm Beach Pines Trail System project

Page 33

            3L-4    Amendment to grant agreement with the State of Florida, Department of Environmental Protection for projects located in the Lake Worth Lagoon

 

U. INFORMATION SYSTEMS SERVICES

Page 33

            3U-1   Amendment to agreement with the Lake Worth Christian School Society, Inc. for wireless network equipment services

Page 34

            3U-2   Amendment to Interlocal Agreement with the City of Delray Beach for a change in network services

            3U-3   Rescind and replace Interlocal Agreement with the Loxahatchee River Environmental Control District for network and GIS hosting services

            3U-4   Receive and file letter extending the term of the Affiliate Connection Agreement with the Florida LambdaRail, LLC

 

X. PUBLIC SAFETY

Page 35

            3X-1    Receive and file Interlocal Agreements with nine municipalities for reimbursement of Emergency Medical Services grant funding for medical equipment

Page 36

            3X-2    Appointment to the Emergency Medical Services Advisory Council

            3X-3    Receive and file amendments to three contracts for ex-offender adult reentry services

 

 

 

 

 

JUNE 18, 2019

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

AA. PALM TRAN

Page 37

            3AA-1 Agreement with the School District to provide bus passes for middle and high school students

           

BB. YOUTH SERVICES

Page 37

            3BB-1 Amendment to contract with The Children’s Home Society of Florida to provide adoption assistance services to eligible Title IV-E residents

Page 38

            3BB-2 Agreement with The Johns Hopkins University to allow for planned and supervised clinical experiences for its students

 

CC. INTERNAL AUDIT

Page 38

            3CC-1 Receive and file audit reports

 

            DD. SHERIFF

Page 39

            3DD-1 Letter of Donation from the Police Athletic League to fund a Recreation Specialist for the San Castle Community Center

 

            EE. MEDICAL EXAMINER

Page 39

            3EE-1 Receive and file purchase order from the Florida Department of Health for the Florida Enhanced State Opioid Overdose Surveillance Program

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. ENGINEERING & PUBLIC WORKS

Page 40

            4A-1    Ordinance repealing and replacing the ordinance that governs permitting of facilities placed in the County’s Right-of-Way

            4A-2    Ordinance repealing and replacing the Palm Beach County Telecommunications Right-of-Way Ordinance

            4A-3    Resolution abandoning public interest in a portion of a right-of-way south of Woolbright Road on the east side of Military Trail

            4A-4    Resolution abandoning public interest in a portion of right-of-way south of Lake Worth  Road and west of the Lake Worth Drainage District E-2W Canal

Page 41

            4A-5    Ordinance amending the Five Year Road program ordinance

 

            B. COUNTY ATTORNEY

Page 41

            4B-1    Ordinance amending the Tourist Development Ordinance related to vacation rentals

 

            C. ADMINISTRATION

Page 42

            4C-1   Ordinance repealing and replacing the Palm Beach County Code related to garbage collection

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

A. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

Page 43

            5A-1    Receive and file presentation on property values and the Property Appraiser’s FY 2020 budget proposal

 

            B. WATER UTILITIES

Page 43

            5B-1    Addition of Chief Water/Wastewater Plant Operators

 

            C. COMMUNITY SERVICES

Page 44

            5C-1   Ordinance establishing The Palm Beach County Infectious Disease Elimination Program

 

            D. HEALTH DEPARTMENT

Page 44

            5D-1   Resolution amending the Florida Department of Health in Palm Beach County Fee Schedule

 

            E. FACILITIES DEVELOPMENT AND OPERATIONS

Page 45

            5E-1    Second Homeless Resource Center siting on County property located at 3680 Lake Worth Road

Page 46

            5E-2    Resolution conveying six parcels to the Westgate/Belvedere Homes Community Redevelopment Agency

Page 47

            5E-3    Amendment to Interlocal Agreement with the Town of Lake Park to extend timeframe for performance of certain Town obligations related to the Lake Park Marina

 

            F. YOUTH SERVICES

Page 48

            5F-1    Allocations for funding in the Action Area of Ensuring Safety and Justice to six corporations

 

            G. HOUSING AND ECONOMIC SUSTAINABILITY

Page 49

            5G-1   Neighborhood Stabilization Program 2 for the Village of Valor, Ltd.

 

H. PARKS & RECREATION

Page 50

            5H-1   Resolution repealing the adoption of the Boynton Beach Municipal Golf Course Advisory Committee

 

I. PALM TRAN

Page 50

            5I-1     Resolution approving the Title VI Fare equity analysis for the pilot Flex Route and Dial-A-Ride service in the Glades Region

 

 

BOARD APPOINTMENTS (Page 51)

 

 

ADJOURNMENT (Page 52)

 


JUNE 18, 2019

 

 

            PRESENTATION OF EMPLOYEE SERVICE AWARDS9:00 A.M.

 

Presentation of annual Service Awards to 236 County employees with 20, 25, 30, 35 and 40 years of service. SUMMARY: This is Palm Beach County’s 53rd annual Service Awards ceremony to honor County employees for their dedicated service. Countywide (DO)

 


JUNE 18, 2019

 

 

2C.      STAFF COMMENTS

 

 

1.         ADMINISTRATION COMMENTS

 

 

 

 

 

 

2.         COUNTY ATTORNEY

 

 

 


JUNE 18, 2019

 

 

2D.      COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER, VICE MAYOR

 

 

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

 

 

 

District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

District 7 – COMMISSIONER MACK BERNARD, MAYOR

 

 


JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: two new South Florida Water Management District (SFWMD) appointments to the Water Resources Task Force for the remainder of a three year term commencing June 18, 2019 and ending September 30, 2019 and a full three-year term commencing October 1, 2019 and ending September 30, 2022.

 

                                    Seat No.     Appointment      Seat Requirement      Nominated By          Term Ending

                                    11                  Jay Steinle               Member                     SFWMD                    09/30/22

                                    11                  Mark Elsner              Alternate                   SFWMD                    09/30/22

 

SUMMARY: The Water Resources Task Force is comprised of 14 members: six City elected officials; one County Commissioner (or their appointee); one water and/or wastewater provider or utility official; one Lake Worth Drainage District representative; one drainage/water control district elected official; one South Florida Water Management District Governing Board member; one environmental representative; one land owner in Palm Beach County actively farming that land to represent agricultural interests; and one Indian Trail Improvement District (ITID) representative. Designated alternates are also required for each seat. The diversity of the current ten Task Force members and seven alternatives is as follows: 17 Caucasian (100%). The gender ratio (female:male) is 3:14. The member and alternate appointees nominated by SFWMD are Caucasian males. Six alternate seats, two City elected official member seats and a water and/or wastewater provider or utility official member seat remain vacant at this time. Staff is actively seeking to increase diversity on this board. Countywide (MJ)

 

 

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 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 August 2017. Countywide

 

3.         Staff recommends motion to approve:  Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller’s Office.  Countywide

 

4.         Staff recommends motion to:

 

A) review for sufficiency Report of County Officials Bonds dated June 2019, and

 

B) receive and file Report of County Officials Bonds dated June 2019.

 

SUMMARY: Ordinance No. 98-51 sets the various bond amounts for specified county officers and provides for examination of the sufficiency of all the bonds at the regular meeting of the Board of County Commissioners in January and June of each year. Countywide (DB)

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to receive and file:  a proportionate share agreement for $179,509.11, Project Control Number 2018-0073, with ZF Development II, LLC, dated February 11, 2019, for their proposed project located at 22508 and 22866 S.W. 65th Avenue, Boca Raton, Florida 33428.  SUMMARY:  In accordance with Countywide PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. This agreement was executed by the County Administrator on February 11, 2019 per Resolution R2016-0125. District 5 (LB)

 

2.         Staff recommends motion to receive and file:  a proportionate share agreement for $283,249, Project Control Number 2008-0129, with Lennar Homes, LLC, dated February 11, 2019 for their proposed project located east of Lyons Road and south of Lake Worth Road.  SUMMARY:  In accordance with Countywide PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. This agreement was executed by the County Administrator on February 11, 2019 per Resolution R2016-0125. District 6 (LB)

 

3.         Staff recommends motion to receive and file:  a proportionate share agreement for $984,881, Project Control Number 1998-00077, with Cleveland Clinic Florida Health System Nonprofit Corporation, dated March 13, 2019 for their proposed project located at the northeast corner of Lake Worth Road and Lyons Road. SUMMARY: In accordance with Countywide PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. This agreement was executed by the County Administrator on March 13, 2019 per Resolution R2016-0125. District 6 (LB)

 

4.         Staff recommends motion to receive and file: a report of plat recordations from October 1, 2018 through March 31, 2019. SUMMARY: This report is a bi-annual summary of subdivision plats recorded during the fiscal quarters since the previous report. There were 29 plats recorded during this period. This report is required by the Department of Engineering and Public Works Policies and Procedures Manual Item No. EL-O-2618, governing administrative approval of plats by the County Engineer. Countywide (YBH)

 

5.         Staff recommends motion to approve:  Change Order No. 3 with Weekley Asphalt Paving, Inc. (Weekley) for a contract time extension of 80 days to the S.W. 18th Street and Military Trail Project R2017-0238 (Project).  SUMMARY:  Per PPM CW-F-050, this change order exceeds the cumulative threshold relating to staff approvals of change orders to contracts, and requires the Board of County Commissioners approval. Change Order No. 3 will extend the contract time 80 days due to delays associated with unforeseen utility conflicts and weather.  The contract was solicited on March 14, 2017, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance at the time.  The SBE goal for all contracts is 15%.  Weekley proposed 15.9% SBE participation.  The SBE participation for this change order is 0% and the cumulative SBE participation to date including this change order is 13%.  Weekley did not meet the SBE goal due to contract SBE items actual quantities being less than proposed plan quantities. The Project is complete. District 4 (YBH)

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve:  Amendment No. 1 to contract R2016-1105 (Contract) for Bond Counsel and related Legal Services with the law firm of Locke Lord LLP (Bond Counsel), to exercise Palm Beach County’s (County) option to renew the contract for a three-year term, extending the expiration date to September 30, 2022.  SUMMARY: On May 16, 2019, pursuant to PPM CW-F-079, the County Finance Committee evaluated Bond Counsel’s performance under the Contract and recommended that the County exercise its three-year renewal option under Section 16 of the Contract.  Approval of Amendment No. 1 will extend Bond Counsel’s Contract expiration date to September 30, 2022.  Countywide (DB)

2.         Staff recommends motion to approve:  Amendment No. 1 to contract R2016-1106 (Contract) for Disclosure Counsel and related Legal Services with the law firm of Bryant Miller Olive, P.A. (Disclosure Counsel), to exercise Palm Beach County’s (County) option to renew the Contract for a three-year term, extending the expiration date to September 30, 2022.  SUMMARY:  On May 16, 2019, pursuant to PPM CW-F-079, the County Finance Committee evaluated Disclosure Counsel’s performance under the Contract and recommended that the County exercise its three-year renewal option under Section 16 of the Contract.  Approval of Amendment No. 1 will extend Disclosure Counsel’s Contract expiration date to September 30, 2022. Countywide (DB)

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:

 

A) Change Order No. 12 to the contract with West Construction, Inc. in the amount of $441,042.40 and 135 calendar days for the Southside Redevelopment Phase 1 & 2 at Palm Beach County Park Airport (LNA); and

 

B) a budget transfer of $441,042 in the Airport’s Improvement and Development      Fund including a transfer from Reserves in the amount of $441,042.

 

SUMMARY: The contract with West Construction, Inc. for the Southside Redevelopment Program Phase 1 and 2 at LNA in the amount of $6,353,448.52 and 420 calendar days was approved by the Board on July 11, 2017 (R2017-0935).  Change Orders 1-11 in the amount of $398,748.72 and 239 calendar days were approved under the delegated authorities detailed in PPM No. CW-F-050.  Change Order No. 12 in the amount of $441,042.40 and 135 calendar days primarily includes installation of a 30,000-gallon by-pass storage tank, connections and controls to support the hangar 600 and 700 row development at LNA.  This is in accordance with Palm Beach County Amendments to the Florida Fire Prevention Code requiring automatic sprinkler systems and the National Fire Protection Association (NFPA) Section 409 Standards for Aircraft Hangars.  It was the designer’s interpretation that the NFPA classification of the hangar being a Group III hangar for storage of aircraft only did not require the addition of an oil water separator and the by-pass storage tank.  However, during the permit review process it was clarified that unless the aircraft meets the definition of unfueled aircraft an oil water separator and by-pass holding tank are required.  This removal of the fuel from the aircraft prior to storage is not feasible.  The Disadvantaged Business Enterprise (DBE) Goal for this project was established at 11%. West Construction, Inc. committed to 11.85% participation.  The DBE to date participation for this contract is 10.2%. DBE participation for this Change Order is 0%. Countywide (AH)

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve:  two easement agreements with Comcast Cable Communications Management, LLC (Comcast) for service to i) Hangar Buildings A, B, and C leased and operated by Atlantic Aviation – West Palm Beach, LLC (Atlantic), and ii) Hangar Buildings G, H, and I also leased and operated by Atlantic, located along Perimeter Road in West Palm Beach at the Palm Beach International Airport (PBI), at no cost. SUMMARY: These easement agreements will allow Comcast to install underground coax cable and fiber-optic cabling to hangar buildings leased and operated by Atlantic, a tenant at Palm Beach International Airport, with its primary location at 3800 Perimeter Road. Countywide (HJF)

 

3.         Staff recommends motion to receive and file:  a License Agreement (Agreement) with United Airlines, Inc. (United), commencing May 1, 2019 and expiring May 31, 2019, and automatically renewing on an monthly basis until canceled or until September 30, 2019, for United to use approximately 207 square feet of office space in the Palm Beach International Airport (PBI) terminal building for payment of a license fee in the amount of $1,017.41 per month. SUMMARY: United leases a baggage service office at PBI through their Signatory Airline Agreement (R2014-1721, as amended). United is currently renovating their baggage service office.  The Agreement provides for United to use a temporary baggage service office to provide customer assistance to their passengers. Delegation of authority for execution of the standard form license agreement was approved by the Board pursuant to R2007-2070. Countywide (AH)

 

4.         Staff recommends motion to receive and file: an Into-Plane Fueling Services Permit (Permit) with FSM Group, LLC, a Nevada limited liability company (FSM), commencing April 1, 2019 and terminating September 30, 2019, with automatic October 1st to September 30th annual renewals unless canceled.  SUMMARY:  The Permit allows FSM to provide into-plane fueling services to air carriers at the Palm Beach International Airport.  Delegation of authority for execution of the standard County agreement above was approved by the Board in R2019-0298. Countywide (AH)

 

5.         Staff recommends motion to receive and file:  a License Agreement (Agreement) with Sky Chefs, Inc. (Sky Chefs), commencing April 10, 2019 and expiring April 30, 2019, and automatically renewing on an monthly basis through September 30, 2022, for Sky Chefs to use ramp space for airline catering truck parking at the Palm Beach International Airport (PBI) for payment of a license fee in the amount of $750.00 per month.  SUMMARY: Sky Chefs provides food and beverage services to airlines at PBI through their In-Flight Catering Permit (R2016-1676).  Sky Chefs requested ramp space to park up to three airline catering trucks used in conjunction with their In-Flight Catering Permit. Delegation of authority for execution of the standard form license agreement was approved by the Board pursuant to R2007-2070. Countywide (AH)

 

6.         Staff recommends motion to receive and file:  an Automobile Transport Operator Permit (Permit) with FL Auto Hauling, LLC, a Florida limited liability company, commencing April 1, 2019 and terminating September 30, 2019, with automatic annual renewals each October 1, unless canceled. SUMMARY: The Permit allows the permittee to engage in car carrier operations at the Palm Beach International Airport, including the use of a fenced staging area near the economy parking lot.  Delegation of authority for execution of the standard County agreement above was approved by the Board in R2014-1576. Countywide (AH)

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

7.         Staff recommends motion to receive and file:  a license agreement with All-Site Construction, Inc. (All-Site), commencing April 23, 2019 and expiring September 30, 2019, for All-Site to use approximately 300 square feet of office space in the Palm Beach International Airport (PBI) without charge.  SUMMARY: The Facilities Development and Operations Department (FDO) awarded FDO Project Number 17410 Contract to All-Site to perform maintenance services at PBI and All-Site has requested the use of an office for storage of equipment and materials in support of the contract. The license agreement can be canceled by either party upon 5 days’ notice. Delegation of authority for execution of the standard for license agreement was approved by the Board pursuant to R2007-2070. Countywide (AH)

 

8.         Staff recommends motion to receive and file:  a Consent to Sublease, consenting to a Fuel Facilities Access Agreement (Access Agreement) between Aircraft Service International, Inc., a Delaware corporation, d/b/a Menzies Aviation (Menzies) and FSM Group, LLC, a Nevada limited liability company (FSM), at the Palm Beach International Airport (PBI). SUMMARY: Menzies operates the fuel farm at PBI under the Fuel Farm Facilities Lease Agreement (Fuel Farm Lease) (R99-2004D, as amended).  On April 1, 2019, the County approved an Into-Plane Fueling Services Permit with FSM that enables FSM to fuel commercial airlines at PBI. The Access Agreement addresses the terms and conditions whereby FSM may enter Menzies’ leasehold interest at the fuel farm to obtain fuel.  The fuel farm lease enables Menzies to sublease an interest under the fuel farm lease, subject to the County’s consent. Delegation of authority for execution of the standard form consent to sublease was approved by the Board in R94-1453.  Countywide (AH)

 

9.         Staff recommends motion to receive and file:  14 Consent to Sublease (Consent) documents for Signature Flight Support Corporation (Signature) for Palm Beach International Airport (PBI).

 

1. Consent for Signature and Jet Access Aviation LLC, effective 7/1/2018.

2. Consent for Signature and Abaco Four, LLC, effective 4/1/2018.

3. Consent for Signature and GM International Services LLC, effective 2/1/2018.

4. Consent for Signature and Jet Access Aviation LLC, effective 8/1/2018.

5. Consent for Signature and Libertas Enterprises Corporation, effective 6/1/2018.

6. Consent for Signature and Air Bear, LLC, effective 5/1/2018.

7. Consent for Signature and Preferred Cabling Systems, LLC, effective 8/1/2018.

8. Consent for Signature and New World Aviation, effective 8/1/2018.

9. Consent for Signature and NetJets Services, Inc., effective 8/1/2018.

10. Consent for Signature and Bombardier Aerospace Corporation, effective 3/1/2018.

11. Consent for Signature and Jet Access Aviation LLC, effective 7/1/2018.

12. Consent for Signature and XOJET, Inc., effective 7/1/2018.

13. Consent for Signature and TRT Leasing, Inc., 6/1/2018.

14. Consent for Signature and Soles Technologies, LLC, effective 5/1/2018.

 

SUMMARY:  Signature provides fixed based operator services for general aviation aircraft at PBI pursuant to a Lease Agreement dated September 30, 2004 (R2004-1990), as amended.  The lease agreement provides for the sublease of space subject to the County’s consent. Delegation of authority for execution of the standard County agreements above was approved by the Board in R94-1453. Countywide (AH)

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

10.       Staff recommends motion to receive and file:  an extension of time to the following Joint Participation Agreements (JPA) with the Florida Department of Transportation (FDOT):

 

A) Security Improvements at Palm Beach County Park Airport, Financial Project Number 425723-1-94-01 approved by the Board on December 17, 2013 (R2013-1788 and R2013-1789), is hereby extended until August 31, 2019;

 

B) Construct Hangars at Palm Beach County Park Airport, Financial Project Number 434600-1-94-01 approved by the Board on December 2, 2014 (R2014-1813 and R2014-1814), is hereby extended until August 31, 2019;

 

C) Rehab Runway 17/35 and Associated Taxiways at Palm Beach County Glades Airport, Financial Project Number 436390-1-94-01 approved by the Board on  March 22, 2016 (R2016-0328 and R2016-0329), is hereby extended until September 30, 2020;

 

D) Pavement Rehabilitation at Palm Beach County Park Airport, Financial Project Number 429730-1-94-01 approved by the Board on March 22, 2016 (R2016-0332 and R2016-0333), is hereby extended until July 31, 2020;

 

E) Cargo Facility Access Improvements at Palm Beach International Airport, Financial Project Number 434607-1-94-01 approved by the Board on March 14, 2017 (R2017-0279 and R2017-0280), is hereby extended until September 30, 2019;

 

F) Aircraft Rescue and Fire Fighting Facility Improvements at Palm Beach International Airport, Financial Project Number 436389-1-94-01 approved by the Board on March 22, 2016 (R2016-0326 and R2016-0327), is hereby extended until September 30, 2020;

 

G) Runway Pavement Rehabilitation and Repair (8R-26L & 13-31) at North Palm Beach County General Aviation Airport, Financial Project Number 429733-1-94-01 approved by the Board on March 14, 2017 (R2017-0273 and R2017-0274), is hereby extended until September 30, 2020;

 

H) Parking Revenue Center at Palm Beach International Airport, Financial Project Number 431030-1-94-01 approved by the Board on March 14, 2017 (R2017-0275 and R2017-0276), is hereby extended until September 30, 2020; and

 

I) Runway 3-21 Rehabilitation at Palm Beach County Park Airport, Financial Project Number 434631-1-94-01 approved by the Board on March 14, 2017 (R2017-0277 and R2017-0278), is hereby extended until September 30, 2020.

 

SUMMARY:  Delegation of authority for execution of the above extensions of time to the JPAs with the FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

11.       Staff recommends motion to approve: 

 

A) Amendment No. 1 to the Construction Manager (CM) at Risk Contract (Contract) with The Morganti Group, Inc. (MGI) for CM at Risk Services for Airport Improvements for Palm Beach County Department of Airports (Department) in the amount of $874,931 and 210 calendar days for Work Order MC 06: 3rd Level Interior Improvements Phase 1B at Palm Beach International Airport (PBI); and

 

B) a budget transfer of $874,931 in the Airport’s Improvement and Development Fund to provide budget for the MGI contract. This includes a transfer from Reserves of $874,931.

 

SUMMARY:  The CM at Risk Contract with MGI was approved by the Board on January 15, 2019 (R2019-0042).  The Contract is for two years with three one year renewal options for CM at Risk Services for Airport Improvements for the Department.  In order to complete certain capital improvement projects at the County’s four Airports, the Department requires a CM at Risk contractor to provide preconstruction and construction services, which include conducting the procurement process for assigned tasks/work orders, project management and construction supervision.  Task/work orders issued under this Contract may be eligible for reimbursement with Federal/State funds at a later date.  MGI was one of two firms selected to provide these services.  MGI is a Danbury, Connecticut, based firm; however, the work will be directly managed by their southeast regional office in Palm Beach County.  Approval of Amendment No. 1 in the amount of $874,931 and 210 calendar days will enable MGI to complete Work Order MC 06: 3rd Level Interior Improvements Phase 1B. This project is part of the ongoing terminal improvements/enhancements and will complete the terrazzo flooring on the third level of the terminal at PBI. A DBE goal of 12% was established for this contract. DBE participation for this project is 14%. Countywide (AH)

 

12.       Staff recommends motion to approve: 

 

A) Amendment No. 2 to the Construction Manager (CM) at Risk Contract (Contract) with The Morganti Group, Inc. (MGI) for CM at Risk Services for Airport Improvements for Palm Beach County Department of Airports (Department) in the amount of $4,221,574 and 240 calendar days for Work Order MC 03: Concourse C Furniture Replacement at Palm Beach International Airport (PBI); and

 

B) a budget transfer of $400,000 in the Airport’s Improvement and Development Fund, including a transfer from Reserves in the amount of $400,000.

 

SUMMARY: The CM at Risk Contract with MGI was approved by the Board on January 15, 2019 (R2019-0042).  The Contract is for two years with three one year renewal options for CM at Risk Services for Airport Improvements for the Department.  In order to complete certain capital improvement projects at the County’s four Airports, the Department requires a CM at Risk contractor to provide preconstruction and construction services, which include conducting the procurement process for assigned tasks/work orders, project management and construction supervision.  MGI was one of two firms selected to provide these services.  MGI is a Danbury, Connecticut, based firm; however, the work will be directly managed by their southeast regional office in Palm Beach County.  Approval of Amendment No. 2 in the amount of $4,221,574 and 240 calendar days will enable MGI to complete Work Order MC 03: Concourse C Furniture Replacement at PBI.  This project is part of the ongoing terminal enhancements and will complete the second phase of the furniture replacement.  The first phase was completed last year in Concourse B.  The existing chairs in the hold rooms of Concourse C will be replaced with a variety of new seating groups and work bars/tables.  It also includes electrical infrastructure to support charging stations integral to the furniture and replacement of flooring.  A DBE goal of 12% was established for this contract.  DBE participation for this project is 21%. Countywide (AH)

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

13.       Staff recommends motion to approve: 

 

A) a contract with Ranger Construction Industries, Inc. (Ranger) in the amount of $28,745,719.87 and 787 calendar days for the Northeast Airfield Improvements at Palm Beach International Airport (PBI);

 

B) a budget amendment of $16,727,447 in the Airport’s Improvement and Development Fund to recognize Passenger Facility Charge (PFC) revenue and to provide budget for the Ranger contract, including a transfer from Reserves in the amount of $102,055; and

 

C) a budget transfer of $16,727,447 in the Airport’s PFC Fund to transfer PFC funds to the Airport’s Improvement and Development Fund, including a transfer from PFC Reserves in the amount of $16,727,447.

 

SUMMARY: This project was advertised utilizing the County’s competitive bid process. On March 26, 2019, two bids were received for the Northeast Airfield Improvements at PBI.  Of the two bids, Ranger, a Palm Beach County company, has been identified as the lowest responsible/responsive bidder in the amount of $28,745,719.87. The project includes new and rehabilitative taxiway/apron pavement construction, associated electrical improvements and relocation of impacted utilities in the northeast section of the airfield in the vicinity of Concourse C.  In addition, the project includes the installation of large drainage pipes to replace an open stormwater conveyance canal.  The Disadvantaged Business Enterprise (DBE) Goal for this project was established at 16%.  Ranger has committed to a minimum of 17.33% participation.  Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

14.       Staff recommends motion to:

 

A) approve an Amended and Restated Fuel Farm Facilities Lease Agreement with Aircraft Service International, Inc., a Delaware corporation, d/b/a Menzies Aviation (Menzies) (Amended Agreement), amending and replacing an Airport Building/Ground Lease Agreement (R93-1323D) and Fuel Farm Facilities Lease Agreement (R99-2004D); extending the term of the leasehold by three years to June 30, 2024; providing for a minimum capital expenditure of $2,487,650 for the improvement of the commercial aviation fuel farm facilities at the Palm Beach International Airport (PBI) and rental credit in an amount not to exceed $817,094; and requiring Menzies to provide third-party into-plane fueling operators with access to the fuel farm facilities.

 

B) approve a budget transfer of $817,094 in the Airport’s Improvement and Development Fund including a transfer from Reserves in the amount of $817,094.

 

SUMMARY: Menzies leases and operates the commercial aviation fuel farm facilities at PBI and provides into-plane fueling services to the airlines pursuant to two agreements. The Amended Agreement combines and replaces the two existing agreements with a single updated agreement. The Amended Agreement requires Menzies to invest a minimum of $2,487,650 to complete various improvements necessary for the safe and efficient operation of the fuel farm facilities.  Menzies will be entitled to receive a rental credit in an amount not to exceed $817,094 to reimburse a portion of the costs of the improvements. The existing agreements expire on June 30, 2021. Menzies has requested a three-year extension to amortize its investment in the fuel farm facilities. The airlines have indicated a desire to select third-party fueling operators to service their aircraft. In order to accommodate the airlines, the Amended Agreement requires Menzies to provide third-party into-plane fueling operators access to fuel farm facilities to obtain fuel stored in the facilities. The Amended Agreement also includes liquidated damages provisions for certain failures that cause impacts to or delays in flight operations, including the failure to provide timely access to the fuel farm facilities resulting in a delay of a scheduled flight. A budget transfer is necessary to establish the project and record the rental credit and includes a transfer from reserves in the amount of $817,094. Countywide (HJF)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: the recording of the FY 2018 retirements of tangible personal property (equipment, vehicles, and publications) in the official minutes of the Board of County Commissioners’ meeting as prescribed by Florida Statutes, Chapter 274. SUMMARY:  Florida Statutes, Chapter 274 and the Palm Beach County “Surplus Property Ordinance” require the recording of the disposal (retirement) of tangible personal property from the official records of Palm Beach County at historical value. Disposal, retirement, and adjustments total $55,383,395.30. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: an Amended and Restated License Agreement with the Genealogical Society of Palm Beach County, Inc., a not for profit 501(c)(3) education organization, for the continued use of space within the Main Library, located at 3650 Summit Boulevard, West Palm Beach, commencing on July 10, 2019, with automatic renewals on a year to year basis unless terminated by either party upon 180 days notice, at a service fee rate of $200 per month.  SUMMARY:  In 2007, the Board approved a License Agreement (R2007-1103) with the Genealogical Society of Palm Beach County, Inc., for use of 1,719 SF of space in the County’s Main Library for storage and display for research materials, as well as free instruction in genealogical research to the public.  On June 16, 2009, the Board approved the First Amendment to License Agreement (R2009-0991) which acknowledged the correct square footage as 1,719 SF and provided automatic annual renewals. The current term will expire on July 9, 2019.  This Amended and Restated License Agreement will: i) replace the existing License Agreement; ii) commence on July 10, 2019, and extend through July 9, 2020, with automatic annual renewals thereafter, unless cancelled by either party upon 180 days notice; iii) increase the monthly service fee for utilities and custodial costs to $200, with five percent (5%) annual increases; and iv) update various standard County provisions.  The Library Department will have administrative responsibility for this Amended and Restated License Agreement. (PREM) District 2   (HJF)

 

2.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the City of Coconut Creek (City), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the City for a period of five years upon execution of this Agreement. SUMMARY: This Agreement provides the terms and conditions under which the City can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications.  This Agreement terminates and replaces the Interlocal Agreement (R2009-1173) between County and City, amended by First Amendment R2014-0930, and adds the procedure to be followed to obtain a Federal Shared Encryption Key for direct radio interoperability with Federal Agencies.  The County’s System will not be utilized for routine operational communications by the City. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The City is required to pay all costs associated with the City’s subscriber units and to comply with the established operating procedures for the County’s System.  This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         DELETED: Staff recommends motion to approve: an Amended and Restated Agreement (Agreement) with Delray Medical Center, Inc., a Florida For Profit Corporation licensed to do business in the State of Florida (Hospital), allowing for interoperable communications through the countywide EMS and common talk groups of the County’s Public Safety Radio System (County’s System) to the Hospital for a period of five years upon execution of this Agreement. SUMMARY: This Agreement provides the terms and conditions under which the Hospital can program into its radios and utilize the countywide EMS and common talk groups for certain types of inter-Agency communications. This Agreement terminates and replaces the Agreement R2015-1115 between County and Hospital. The County’s System will not be utilized for routine operational communications by the Hospital. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement.  The Hospital is required to pay all costs associated with the Hospital’s subscriber units and to comply with the established operating procedures for the County’s System.  This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

4.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the Department of Homeland Security, Transportation Security Administration (Agency), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the Agency for a period of five years upon execution of this Agreement. SUMMARY: This Agreement provides the terms and conditions under which the Agency can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. This Agreement terminates and replaces the Interlocal Agreement (R2009-0756) between County and Agency, amended by First Amendment R2014-1041. The County’s System will not be utilized for routine operational communications by the Agency.  The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The Agency is required to pay all costs associated with the Agency’s subscriber units and to comply with the established operating procedures for the County’s System.  This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         DELETED: Staff recommends motion to approve: an Amended and Restated Agreement (Agreement) with JFK Medical Center Limited Partnership , d/b/a JFK Medical Center North Campus, a Foreign Limited Partnership licensed to do business in the State of Florida (Hospital), allowing for interoperable communications through the countywide EMS and common talk groups of the County’s Public Safety Radio System (County’s System) to the Hospital for a period of five years upon execution of this Agreement.  SUMMARY: This Agreement provides the terms and conditions under which the Hospital can program into its radios and utilize the countywide EMS and common talk groups for certain types of inter-Agency communications. This Agreement terminates and replaces the Agreement R2016-0989 between County and Hospital. The County’s System will not be utilized for routine operational communications by the Hospital.  The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The Hospital is required to pay all costs associated with the Hospital’s subscriber units and to comply with the established operating procedures for the County’s System. This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

6.         Staff recommends motion to approve: an Amended and Restated Agreement (Agreement) with St. Mary’s Medical Center, Inc., a Florida For Profit Corporation licensed to do business in the State of Florida (Hospital), allowing for interoperable communications through the countywide EMS and common talk groups of the County’s Public Safety Radio System (County’s System) to the Hospital for a period of five years upon execution of this Agreement. SUMMARY: This Agreement provides the terms and conditions under which the Hospital can program into its radios and utilize the countywide EMS and common talk groups for certain types of inter-agency communications. This Agreement terminates and replaces the Agreement R2015-1622 between County and Hospital. The County’s System will not be utilized for routine operational communications by the Hospital. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement.  The Hospital is required to pay all costs associated with the Hospital’s subscriber units and to comply with the established operating procedures for the County’s System. This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to approve: an Amended and Restated Agreement (Agreement) with Wellington Regional Medical Center, LLC., a Florida Limited Liability Company licensed to do business in the State of Florida (Hospital), allowing for interoperable communications through the countywide EMS and common talk groups of the County’s Public Safety Radio System (County’s System) to the Hospital for a period of five years upon execution of this Agreement. SUMMARY: This Agreement provides the terms and conditions under which the Hospital can program into its radios and utilize the countywide EMS and common talk groups for certain types of inter-Agency communications.  This Agreement terminates and replaces the Agreement R2016-0703 between County and Hospital. The County’s System will not be utilized for routine operational communications by the Hospital.  The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement.  The Hospital is required to pay all costs associated with the Hospital’s subscriber units and to comply with the established operating procedures for the County’s System.  This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

8.         Staff recommends motion to approve: Work Order No. 19-045 to the contract with All Site Construction, Inc. (R2015-0155) in the amount of $383,098 for the Okeeheelee Park Ski Slalom Course Boat Dock Replacement project for the period of 190 days from permit issuance or until project is complete. SUMMARY: The work consists of the replacement of the existing fixed wooden docks with a new floating dock system anchored with new concrete piles. The existing docks are more than 20 years old and have received high traffic use, are aged and in need of replacement.  The new system will provide for years of maintenance free use. This work order under the Minor Annual Contract was solicited pursuant to the requirements of the Equal Business Opportunity Ordinance. The annual contract was presented to the Goal Setting Committee on January 2, 2019 and an API of Sheltered Market was applied.  However since the project was over $100,000, the sheltered market API does not apply to this project.  All Site Construction, Inc. is an MBE.  All Site Construction, Inc. achieved on this Work Order 100% S/M/WBE participation through 34.7% MBE and 65.3% WBE participation. The overall participation on the Annual Minor Construction contract is 59%. The funding source for this work is from the 2006 $50 Million Waterfront Access Bond and Park Improvement Fund. The total construction duration is 190 days. (Capital Improvements Division) District 2 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         Staff recommends motion to approve: Change Order No. 4 to the contract with Robling Architecture Construction, Inc. (R2017-0307) decreasing the Guaranteed Maximum Price (GMP) for the Water Utilities Division Central Regional Operations Center Buildings 1 & 10 Heating, Ventilation, and Air Conditioning (HVAC) Improvements project in the amount of $130,662.30.  SUMMARY:  On March 14, 2017, the Board approved Amendment No. 1 to the construction management services continuing contract with Robling Architecture Construction, Inc. (R2016-0762) in the amount of $1,219,255 for construction management services related to modifications to the HVAC systems, repainting of the entire interior of the building, replacement of worn and outdated carpet at the Administration Building, HVAC modifications at the Operations and Maintenance Building and chillers, and adding epoxy flooring in the Meter Shop and Storage Building. There is $130,662.30 remaining as a result of deleted scope, buyout savings, unused allowances, and unused owner contingency.  The amendment was funded through the Water Utilities Department User Fees.  All savings will be returned to the Water Utilities Department User Fees. This bid was solicited on March 14, 2017, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance requirements.  The SBE goal established by the SBE Ordinance for this contract is 15% and the final SBE participation achieved is 74.5% of which 20% was achieved by a WBE.  Robling Architecture Construction, Inc. is a Palm Beach County business. (Capital Improvements Division) District 2 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

10.       Staff recommends motion to approve:

 

A) Construction Manager at Risk (CMAR) contract with Kaufman Lynn Construction, Inc. (KL) for the Canyon District Park project; and

 

B) Task Order No. 1 with KL for preconstruction services in the amount of $59,798 for the Canyon District Park project for a period of 175 calendar days from the Notice to Proceed.

 

SUMMARY: The project consists of a district park on 52 acres located south of Boynton Beach Boulevard and west of Acme Dairy Road.  The construction budget for Canyon District Park is $13,000,000. Park improvements will be constructed in two phases, based on the community’s immediate needs.  The Phase 1 improvements include three soccer/multipurpose fields, a restroom/concession facility, two retention/recreational lakes, 12 station fitness trails and grass/asphalt parking spaces.  Phase 2 may include several of the following: additional soccer/multipurpose fields, baseball/softball fields, running track, restrooms, playground, picnic pavilions, a maintenance facility, asphalt parking and access roads along with associated site/utility improvements.  Task Order No. 1 only authorizes pre-construction services.  Once the construction documents are completed, the construction manager (CM) will bid the work and provide a guaranteed maximum price (GMP).  Work will be authorized with amendments to the Board for identified Phases. This solicitation for CM contractors was advertised on January 28, 2018 according to the SBE Ordinance in place at the time, with a 15% SBE goal and CM/SBE Partnering Incentive.  KL is not a certified S/MWBE, and is partnering, through a subcontractor agreement, with MCO Construction Services, Inc. (MCO) a S/MWBE for preconstruction services in amount of 25% of the CM fee for Task Order No. 1. Ann McNeill of MCO has disclosed that she formerly served on the Small Business Advisory Board n/k/a Office of Equal Business Opportunity Advisory Committee (OEBO Advisory Committee) and currently serves on the Groundwater and Natural Resources Protection Board (GNPB). The OEBO Advisory Committee is a purely advisory board and provided no regulation, oversight, management or policy setting recommendations regarding this Contract. The OEBO Advisory Committee provides County-wide recommendations regarding small business opportunities. Ms. McNeill is a current member of the GNPB, which is not a purely advisory board.  However, the GNPB provides no regulation, oversight, management or policy setting recommendations regarding this Contract.  Pursuant to the Code of Ethics Section 2-443(d) this matter is disclosed herein to allow KL to utilize MCO as a partner in this Contract. KL is on notice that all GMP’s issued pursuant to this contract will be subject to the requirements of the OEBO Ordinance including requesting Affirmative Procurement Initiatives be set prior to bidding the subcontracts. Phase 1 construction will be funded with Park Impact Fees.  Phase 2 improvements will be funded through Infrastructure Sales Tax proceeds available in FY2021.  KL is a local business. (Capital Improvements Division) District 5 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: a budget amendment of $2,526,500 in the Workforce Housing Trust Fund to appropriate in-lieu fees received during FY2019 for the Workforce Housing Trust Fund budget.  SUMMARY:  On March 13, 2018, the BCC approved the WHP Financial Assistance Strategy to utilize the WHP funds to provide financial assistance to qualified buyers. The strategy was amended on May 15, 2018, to include a provision for the purchase and sale of workforce housing units.  Palm Beach County’s Workforce Housing Program (WHP) was established in 2006 to encourage the development of workforce housing units for households in low, moderate and middle-income groups.  The WHP offers an in-lieu payment option whereby developers that choose to opt out of constructing workforce-housing units can make a payment for each for-sale or rental unit.  In-lieu payments are deposited in the Workforce Housing Trust Fund.  The $2,526,500 were received as in-lieu payments from developers for the following developments that opted out of constructing workforce-housing units: Countywide (HJF)

 

 

Kennedy Development Partners - Ranchette Lakes

$81,500

Gulf Stream Views, LLC - Briny Breezes Blvd.

$81,500

Mattamy Palm Beach LLC - Point of Woods

$244,500

Polo Trace Associates LLC - Polo Trace PUD

$2,119,000

Total

$2,526,500

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to receive and file: executed Standard Potable Water and Wastewater Development Agreements received during the months of February and March 2019.

 

A) Standard Potable Water and Wastewater Development Agreement with Sunco TH LLC, SDA #02-01153-000 (District 3), Recorded in OR BK 30432 PG 1797;

 

B) Standard Potable Water and Wastewater Development Agreement with Glades 95th Owner, LLC, SDA # 09-01088-000 (District 5), Recorded in OR BK 30432 PG 1815;

 

C) Standard Potable Water and Wastewater Development Agreement with SFD 441, LLC, SDA #09-01089-000 (District 5), Recorded in OR BK 30495 PG 1109;

 

D) Standard Potable Water and Wastewater Development Agreement with Colony at Lake Worth, LLC, SDA # 02-01154-000 (District 2), Recorded in OR BK 30495 PG 1119;

 

E) Standard Potable Water and Wastewater Development Agreement with Boynton Beach Associates XXVI, LLLP, SDA # 03-01045-000 (District 5), Recorded in OR BK 30495 PG 1129; and

 

F) Standard Potable Water and Wastewater Development Agreement with Lakeside Centre (Edens), LLC, SDA# 09-01090-000 (District 5), Recorded in OR BK 30507 PG 1339.

 

SUMMARY: In accordance with County PPM CW-0-051, all delegated contracts/ agreements/grants/procurement items must be submitted by the initiating Department as a receive and file agenda item and are attached unless the documents have been recorded in the Public Records of Palm Beach County. The documents have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Water Utilities Department (WUD) in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now being submitted to the BCC to receive and file. Districts 2, 3 & 5 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: a contract with B&B Underground Construction Inc., for the CD03 Water Distribution System Improvements Phase 2 Wynnewood Acres Project (Project) in the amount of $2,675,611.25. SUMMARY: On January 23, 2019, the Water Utilities Department (WUD) received 13 bids seeking to undertake the Project. B&B Underground Construction Inc., was the lowest responsive and responsible bidder in the amount of $2,675,611.25. The Project provides for the replacement of approximately 18,700 feet of asbestos cement water main varying in sizes; fire protection improvement and approximately 180 water services conversions located within Wynnewood Acres in West Palm Beach. This contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the amended Equal Business Ordinance on October 16, 2018. SBE participation goal established by the 2002 SBE Ordinance under which this Project was solicited is 15% overall participation. The contract with B&B Underground Construction Inc., provides for 85.57% overall SBE participation. B&B Underground Construction Inc., is a Palm Beach County Company. This project is included in WUD’s FY19 Budget. (WUD Project No.15-102) District 2 (MJ)            

 

3.         Staff recommends motion to approve: a Continuing Construction Contract (Contract) for the Lift Station Rehabilitation 2018 Project (Project) with Midas SouthEast, LLC formally known as T.V. Diversified, LLC (TVD), for a 24-month term in the amount of $5,367,566.88 with the option of one 12-month renewal. SUMMARY: On November 1, 2018, two bids were received for the Water Utilities Department (WUD) Continuing Construction Contract for the Project. Midas SouthEast, LLC, was determined to be the lowest responsible and responsive bidder. The second lowest bidder, Hinterland Group Inc., (HGI) filed a Bid Protest on December 27, 2018, claiming, that the lowest responsive and responsible bid was submitted as an unbalanced bid. On March 19, 2019, the County Purchasing Director recommended the bid protest be denied and no further actions were taken by HGI. The Contract will be used to expedite utility capital improvement projects, facilitate the completion of much needed rehabilitation work and reduce response time for corrective action/repairs for any necessary emergency lift station projects. The Contract award is for the unit bid prices received and the overall bid dollar amount of $5,367,566.88 was utilized to establish the unit prices for work to be undertaken under the Contract. The Contract does not guarantee nor authorize Midas SouthEast, LLC, to perform any work. Work will be assigned during the 24-month Contract period by Work Authorizations drawn against the Contract, subject to approval pursuant to the requirements of PPM CW-F-050. The unit prices contained in the Contract will be used to determine the amount of each Work Authorization. Any supplements to work authorizations for changes that occur during construction will be subject to the change order limits for construction contracts as established under PPM CW-F-050.  The Small Business Enterprise (SBE) participation goal established by the 2002 SBE Ordinance under which this Project was solicited is 15% overall participation. The Contract with TVD currently known as Midas SouthEast, LLC, provides for 16.23% SBE participation. Midas SouthEast, LLC, is a Palm Beach County Company.  The requirements of the new Office of Economic Business Opportunity Ordinance will be added at the time of renewal. (WUD Project No.18-032R) Countywide (MJ)  

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

4.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 10 for Water Treatment Plant (WTP) No. 8 Rehabilitation and Replacement Evaluation (Project) with Kimley-Horn and Associates, Inc., for a fixed price of $194,345.04. SUMMARY:  On July 11, 2017, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Contract for Consulting/Professional Services for Water Treatment and Water Resources Engineering Services with Kimley-Horn and Associates, Inc., (R2017-0903) (Contract). CSA No. 10 provides for professional engineering services to perform the condition assessment and rehabilitation and replacement evaluation of WTP No. 8 to identify any necessary improvements. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the amended Equal Business Opportunity Ordinance on October 16, 2018.  The SBE participation goal established under the 2002 Ordinance was 15% overall participation.  The Contract provides for 28% SBE participation and 7% Minority/Women Business Enterprise (M/WBE) participation.  CSA No. 10 includes 31.06% SBE and 19.51% M/WBE participation.  The cumulative SBE and M/WBE participation is 33.81% SBE and 6.19% M/WBE. Kimley-Horn and Associates, Inc., is headquartered in Raleigh, North Carolina but maintains an office in Palm Beach County from which the majority of the work under CSA No. 10 will be undertaken.  The Project is included in WUD’s FY19 budget. (WUD Project No. 19-036) District 2 (MJ)

 

5.         Staff recommends motion to approve: Work Authorization (WA) No. 3 to the Contract for Optimization and Improvements Design-Build with Globaltech, Inc., for the Water Treatment Plant (WTP) No. 8 Anion Exchange Rehabilitation and Cleaning (Project) in the amount of $1,239,354.21. SUMMARY:  On January 15, 2019, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Contract for Optimization and Improvements Design-Build (R2019-0099) with Globaltech, Inc.  WA No. 3 provides for the replacement of piping and valves in the Anion Exchange (AIX) treatment process vessels 1 to 7, implementation of caustic cleaning of resin in AIX vessels 1 to 21, installation of safety improvements for AIX vessels 1 to 21 and replacement of two high service pump bay rollup doors with hurricane resistant rollup doors. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the amended Equal Business Opportunity Ordinance on October 16, 2018.  The SBE participation goal established under the 2002 Ordinance was 15% overall participation.  The Contract provides for 58% SBE participation which includes 12% MWBE participation, 10% MWBE (H), 1% MWBE (B) and 1% MWBE (O).  WA No. 3 includes 98.23% SBE, 2.64% MBE (H) and 0.48% MBE (O) participation.  The cumulative SBE and M/WBE participation including WA No. 3 is 98.23% SBE, 2.64% MBE (H) and 0.48% MBE (O) participation. Globaltech, Inc., is a Palm Beach County company. The Project is included in WUD’s FY19 budget. (WUD Project No. 19-039) District 2 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

6.         Staff recommends motion to approve: A) Work Authorization (WA) No. 2 to the contract for Optimization and Improvements Design-Build with Cardinal Contractors Inc., for the Water Treatment Plant (WTP) No. 3, 9 and 11 Fluoride System Improvements (Project) in the amount of $1,897,879.71 $1,985,000; and B) a budget transfer of $1,985,000 in the Capital Improvement Fund.  The transfer funds the contract with monies from the Western Region Operations Center and Reclaimed Water System units both which were completed under budget. SUMMARY:  On January 15, 2019, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Contract for Optimization and Improvements Design-Build (R2019-0100) with Cardinal Contractors, Inc.  WA No. 2 provides for replacement of fluoride injection systems including storage tanks, pumps, primary and secondary piping and safety improvements at WTP No. 3, 9 and 11. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the amended Equal Business Opportunity Ordinance on October 16, 2018.  The SBE participation goal established under the 2002 Ordinance was 15% overall participation.  The Contract provides for 31% SBE participation which includes 21% M/WBE participation, 16% MBE (H) and 5% MBE (O).  WA No. 2 includes 32.02% SBE, 7.47 MBE (B) and 6.49% MBE (O) participation. The cumulative SBE and M/WBE participation including WA No. 2 is 32.02% SBE, 7.47% MBE (B) and 6.49% MBE (O) participation. Cardinal Contractors, Inc., is headquartered in Sunrise, Florida but maintains an office in Palm Beach County from which the majority of the work under WA No. 2 will be undertaken. The Project is included in WUD’s FY19 budget. (WUD Project No. 19-023) Districts 5 & 6 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

7.         Staff recommends motion to approve:

 

A) a contract with D.B.E. Management, Inc. d/b/a DBE Utility Services (DBE) for the 24” Reclaimed Water Main Extension (RCWM) Under the Florida Turnpike west of the Southern Region Water Reclamation Facility (Project) in the amount of $1,196,161;

 

B) a Consultant Service Authorization (CSA) No. 10 to the Construction Engineering Services Contract (R2017-0817) between the County and Keshavarz and Associates, Inc. (KAI), for a not to exceed amount of $149,474; and

 

C) an Encroachment Agreement Florida Gas Transmission Company LLC (FGT).

 

SUMMARY: On January 24, 2019, the Water Utilities Department (WUD) received eight bids seeking to undertake the Project. DBE was the lowest responsive and responsible bidder in the amount of $1,196,161. The Project provides for extension of a new 24-inch Reclaimed Water Main (RCWM) west of the Southern Region Water Reclamation Facility (SRWRF), crossing under the Florida Turnpike (Turnpike) and Lake Worth Drainage District E2E and E2W canals via horizontal directional drilling to an existing 24” RCWM located in the west boundary of the preserve parcel associated with the Valencia Cove South development. This contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the amended Equal Business Ordinance on October 16, 2018. The Small Business Enterprise (SBE) participation goal established by the 2002 SBE Ordinance under which this Project was solicited is 15% overall participation. The contract with DBE provides for 89.49% SBE participation. DBE is a Palm Beach County company.  On June 20, 2017, WUD entered into a contract with KAI to provide Professional Engineering Consulting Services for the Utility Distribution & Collection System (R2017-0817). CSA No. 10 provides construction-engineering services for the Project. The contract with KAI was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the amended Equal Business Ordinance on October 16, 2018. The Small Business Enterprise (SBE) participation goal established by the 2002 SBE Ordinance under which this Project was solicited is 15% overall. The contract with KAI provides for 100% overall SBE participation. KAI is a Palm Beach County company. The Project requires crossing an existing easement (Book 27363, Page 1648) within the east side of the Turnpike right-of way. The easement is granted to FGT by the Florida Department of Transportation for their use only. Prior to the construction of the 24” RCWM, FGT has requested that the County enter into an agreement to allow the installation of the 24” RCWM within their easement area and crossing their existing utilities. FGT requested that the County execute the agreement first as FGT will be recording the agreement. This Project is included in the WUD FY19 Budget. (WUD Project No.17-062) District 5 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

8.         Staff recommends motion to approve: Amendment No. 3 to the Water Utilities Department (WUD) Continuing Construction Contract for Pipe Wet Tapping & Line Stops Contract (Contract) with Rangeline Tapping Services, Inc., renewing the Contract for an additional one year period. SUMMARY: On July 12, 2016, the Board of County Commissioners (BCC) approved the WUD Continuing Construction Contract for Pipe Wet Tapping and Line Stops (R2016-0894) with Rangeline Tapping Services, Inc.  The Contract provides materials and installation services for system-wide pipe wet tapping and line stops projects in the amount of $4,763,649.10.  The Contract included a 12-24-month term with the option of two 12-month renewals at the discretion of the County. On January 10, 2017, Amendment No. 1 (R2017-0076) to the Contract reduced the Labor Unit Price for Bid Item No.235 (Mobilization/Demobilization (4”-16” Pipe Size) from $5,000.00 to $500.00 decreasing the Contract amount by $270,000 for a total Contract amount of $4,493,649.10. On May 15, 2018, Amendment No. 2 (R2018-0765) to the Contract renewed the Contract for an additional one year through July 11, 2019 with no cost increase to the contract amount of $4,493,649.10. Amendment No. 3 to the Contract constitutes a one year Contract renewal through July 10, 2020 with no cost increase to the contract amount of $4,493,649.10. Amendment No. 3 is to provide necessary time extension to the Contract to expedite the installation of pipe wet taps and line stops for emergency pipe repairs, pipe and valve replacement and construction projects throughout WUD service area. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the amended Equal Business Ordinance on October 16, 2018. The Small Business Enterprise (SBE) participation goal established by the 2002 SBE Ordinance under which this Project was solicited is 15% overall. The Contract with Rangeline Tapping Services, Inc., provides for 100% overall SBE participation.  WUD staff coordinated with the Office of Equal Business Opportunity to confirm that the proposed renewal was consistent with the principles of the Equal Business Opportunity Ordinance. Rangeline Tapping Services, Inc., is a Palm Beach County company. This project is included in the WUD FY19 Budget (WUD Project No.16-022) Countywide (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to receive and file:  Amendment No. 1 to the State of Florida Department of Environmental Protection (FDEP), Land and Water Conservation Fund Program (LWCF) Grant Agreement No. LW638 (R2016-0376), providing an extension of a one year period to begin April 15, 2019, and remain in effect until April 15, 2020. SUMMARY: On April 7, 2015, the Board of County Commissioners (BCC) ratified the Mayor’s signature on LWCF Program Grant Application (R2015-0436) requesting $200,000 in funding to assist with the Loxahatchee Slough Natural Area Trails Project (Project). On March 22, 2016, the BCC approved Grant Agreement No. LW638 (R2016-0376). The County’s required match of $200,000 (100%) will be provided through a transfer from the Natural Areas Fund (1226). The project includes a parking lot, hiking trail and picnic area, the construction of a new fishing pier and two wildlife observation platforms. Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with this Agreement was approved at that time. In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a receive and file agenda item. District 1 (SS)

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d) 

 

2.         Staff recommends motion to approve:  Work Order No. 0226-1 to the Palm Beach County (PBC) Artificial Reef and Breakwater Contract (R2019-0226), Project No. 2018ERM03 with McCulley Marine Services, Inc. (McCulley), for an amount not to exceed $321,426 providing for the construction of artificial reefs offshore of PBC for a period of 120 calendar days.  SUMMARY:  On February 5, 2019, the Board of County Commissioners approved an annual construction contract with McCulley, a St. Lucie County Company, for the PBC Artificial Reef & Breakwater Annual Contract, Project No. 2018ERM03 (R2019-0226). Work Order No. 0226-1 will authorize the construction of artificial reef projects at a cost of $321,426. At the time the contract was solicited, the Small Business Enterprise (SBE) Ordinance (R2002-0064) was in effect, with award recommendation taking place on October 17, 2018. McCulley committed to an overall 15.5% SBE participation in the contract. McCulley will only achieve 2.96% SBE participation with this first work order, due to limited trucking services associated with the deployment of these artificial reefs. This work order includes a Florida Fish and Wildlife Conservation Commission (FWC) Grant #18105, that was approved by the Board on November 20, 2018 (R2018-1786 and R2018-1787), that will contribute $60,000 towards the projects’ costs. District 1 (LDC)

 

3.         Staff recommends motion to:

 

A) approve a Recreational Trails Program (RTP) Standard Grant Agreement No. T1803 (Agreement) with the State of Florida, Department of Environmental Protection (FDEP) for the Royal Palm Beach Pines Trails System project (Project) for an amount not to exceed $162,125, expiring two years from execution;

 

B) approve a budget transfer of $162,125 from the Natural Areas Fund (1226) to the Environmental Resources Management (ERM) Capital Projects Fund (3654);

 

C) approve a budget amendment of $324,250 in the ERM Capital Projects Fund (3654) to recognize the grant from FDEP and the transfer from the Natural Areas Fund (1226);

 

D) authorize the County Administrator or designee to sign all future time extensions, task assignments, certifications, and other forms associated with this Agreement, and any necessary minor amendments that do not significantly change the scope of work, terms, or conditions of the Agreement; and

 

E) execute a Notice of Limitation of Use/Site Dedication form that dedicates the 761.1-acre, County-owned portion of Royal Palm Beach Pines Natural Area (Project Area) as a passive outdoor recreation area for the use and benefit of the general public in perpetuity.

 

SUMMARY:  The RTP is administered by FDEP and funded by the United States Department of Transportation. The Agreement will reimburse the County up to $162,125 for the renovation and construction of passive recreational facilities within the Project Area. The expected $324,250 total project cost will be shared by RTP (50%) and County (50%). The County’s required match of $162,125 (100%) will be provided using a combination of in-kind services ($44,285) and funds from the Natural Areas Fund ($117,840). The Agreement will become effective upon execution by FDEP and will expire two years following its execution. A Notice of Limitation of Use/Site Dedication dedicating the Project Area as a public outdoor recreation area must be recorded in the public records as part of the RTP grant documentation. District 6 (SS)

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d) 

 

4.         Staff recommends motion to approve:  Amendment No. 1 to Grant Agreement No. LP50202 (R2017-0082) with the State of Florida, Department of Environmental Protection (FDEP) providing financial assistance for projects located in the Lake Worth Lagoon (LWL) for a no-cost extension of 24 months beginning on August 31, 2020 and expiring on August 31, 2022.  SUMMARY:  Amendment No. 1 to Grant Agreement No. LP50202 provides for a 24-month extension and minor task adjustments to reallocate $382,500 in contractual service funds from Task No. 1 Lake Worth Lagoon Living Shorelines to Task No. 2 Tarpon Cove Mangrove Islands. The time extension and reallocation of funds between project tasks is necessary to maximize the reuse of free beneficial sand material used to cap existing muck sediments and to complete a larger portion of the Tarpon Cove Mangrove Islands. The agreement reimburses project costs and does not require match. This funding is part of the State of Florida Legislature’s General Appropriations Act. Countywide (SS)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to approve:

 

A) the third amendment to Agreement R2014-0344, as amended with Lake Worth Christian School Society, Inc. for wireless network equipment services for an annual revenue of $5,580; and

 

B) a budget amendment of $6,330 in the General Fund to allocate funds and recognize revenue related to one-time installation costs.

 

SUMMARY: The Lake Worth Christian School Society, Inc. has an existing Agreement with Palm Beach County (R2014-0344), as amended, for an initial term of one year with automatic one-year renewals unless notice is given by either party.  The third amendment adds 31 wireless network nodes at the customer site, will generate an additional $5,580 in annual revenue to the County, and will fully reimburse the County for one-time installation costs estimated at $6,330 to install the new equipment.  District 3 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

U.        INFORMATION SYSTEMS SERVICES (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve the third amendment to Interlocal Agreement R2013-0308 with the City of Delray Beach for a change in network services for an annual revenue increase of $3,600; and

 

B) authorize the County Administrator or designee to approve and execute task orders associated with these services, up to a maximum dollar value of $50,000 per task order.

 

SUMMARY:  The City of Delray Beach has an existing Interlocal Agreement with Palm Beach County (R2013-0308) as amended, for network services. Services were activated to only three of the locations under this agreement.  The third amendment removes all of the inactive locations as well as the two active locations of Miller Park and the Police Department Training Center from the agreement and adds data transport services to the Northwest Regional Data Center. This will result in an increase of $3,600 in annual revenue. The Florida LambdaRail LLC has approved connection of the City of Delray Beach to the Florida LambdaRail network. District 7 (DB)

 

3.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2013-1673, as amended;

 

B) approve the replacement Interlocal Agreement for network services with the Loxahatchee River Environmental Control District for an annual revenue of $3,600; 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 Loxahatchee River Environmental Control District has an existing Interlocal Agreement with Palm Beach County (R2013-1673, as amended) for network and GIS hosting services and has requested an increase in network bandwidth at one of their locations and the discontinuance of GIS 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 services to the Loxahatchee River Environmental Control District and will generate $3,600 in annual revenues to the County. The Florida LambdaRail LLC has approved connection of the Loxahatchee River Environmental Control District to the Florida LambdaRail network. District 1 (DB)

 

4.         Staff recommends motion to receive and file: a fully executed letter exercising the option to extend the term of the Affiliate Connection Agreement R2014-0851, dated June 3, 2014 between the Florida LambdaRail, LLC. (FLR) and Palm Beach County by one year to April 15, 2020 at a cost of $462,100. SUMMARY: This Agreement has a term of four years with the option to extend for four successive one-year terms upon written notice. On April 2, 2019, the Board of County Commissioners authorized the County Administrator or designee to exercise the remaining three successive one-year term renewal options with the Florida LambdaRail, LLC. This letter has been fully executed on behalf of the Board of County Commissioners by the Information Systems Services Director as the authorized designee of the County Administrator exercising the option for the second one-year extension. Countywide (DB)

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file:  the following Interlocal Agreements with governmental agencies for the reimbursement of Emergency Medical Services (EMS) grant funding for medical equipment:

1. City of Riviera Beach

2. City of Palm Beach Gardens

3. City of Delray Beach

4. City of Greenacres

5. Village of North Palm Beach

6. Village of Tequesta

7. Town of Palm Beach

8. City of Boynton Beach

9. City of West Palm Beach

 

SUMMARY: The County was awarded $160,789 (CSFA # 64.005) during the FY 2018-19 grant cycle from the State of Florida Department of Health, EMS Bureau, to improve and expand EMS systems. The grant funding may be used by the County or municipal agencies to purchase EMS equipment and accordingly, the County has agreed to reimburse the following municipalities: the City of Riviera Beach for the purchase of one Stryker Stretcher not to exceed the amount of $22,934, the City of Palm Beach Gardens for the purchase of five AEDs not to exceed the amount of $13,675, the City of Delray Beach for the purchase of pediatric equipment not to exceed the amount of $9,000, the City of Greenacres for the purchase of one Lucas Device and three tablets not to exceed the amount of $20,192, the Village of North Palm Beach for the purchase of one Zoll Monitor not to exceed the amount of $27,317, the Village of Tequesta for the purchase of one Lucas Device not to exceed the amount of $17,192, the Town of Palm Beach for the purchase of Tactical Gear not to exceed the amount of $20,609, the City of Boynton Beach for the purchase of one Lucas Device not to exceed the amount of $10,876, and the City of West Palm Beach for the purchase of one Zoll Autopulse not to exceed the amount of $14,636. On August 13, 2013, the County Administrator or designee was authorized to execute these standard agreements between the County and various governmental and non-governmental agencies and make non-substantive and ministerial changes on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. There is no ad valorem funding required. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

2.         Staff recommends motion to approve: one “At Large” appointment to the Emergency Medical Services Advisory Council (EMS Council) for the term from June 18, 2019 through September 30, 2020.

 

Nominee

Seat    

Designation

Nominated by

 

Pamela Tahan

18

PBC Independent Hospital CEO

Self

 

 

 

 

 

 

SUMMARY: Per Resolution R2014-0100, the Board of County Commissioners approved a representative make-up of the EMS Council to include 20 members.  Thirteen members are representatives of the various components of the EMS system with specific requirements and seven members are Commission District Consumer appointments.  The previous occupant of this seat has resigned and letters were sent to the Palm Beach County Independent Hospitals for a new nominee. The one nominee is a Caucasian female who will complete the former member’s Council term.  With the appointment to this seat, the EMS Council will have 19 seats filled. The EMS Council will have a diversity count as follows: Caucasian: 16 (84%) and African American: 3 (16%). The gender ratio (male: female) will be 11:8. Countywide (LDC)

 

3.         Staff recommends motion to receive and file: the following executed Second Amendments to Contract for Ex-Offender 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: Palm Beach County Division of Justice Services subcontracts with reentry providers to coordinate adult and juvenile reentry services to those returning to Palm Beach County from incarceration. On October 16, 2018, the Board of County Commissioners authorized the County Administrator or designee to execute amendments associated with these contracts/interlocal agreements after legal sufficiency by County Attorney’s Office and within budgeted allocations.  Based on expense estimates, it is necessary to reallocate funding between providers to ensure utilization of grant funding prior to expiration.  In addition, $4,429 in funding from the Edward Byrne Memorial Justice Assistance Grant (JAG) was reallocated from the Reentry Program to Palm Beach County Sheriff’s Office to achieve compliance with National Incident Based Reporting System (NIBRS). The second amendment to the GGI contract modified the budget, decreasing the total allocation by $84,161 from $238,494 to $154,333 and added compensation for prosocial activities as an allowable expense.  The second amendment to TLP contract modified the budget, increasing the total allocation by $79,732 from $343,502 to $423,234 and added compensation for pro-social activities as an allowable expense. The second amendment to the City of Riviera Beach agreement added compensation for prosocial activities as an allowable expense. These contract amendments are retroactive to April 1, 2019. (LDC) Countywide

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.      PALM TRAN

 

1.         Staff recommends motion to approve: an agreement with the School District of Palm Beach County to provide bus passes for the period of July 1, 2019 until June 30, 2024. SUMMARY:  Since August 1998, Palm Beach County and the School Board have collaborated to provide reduced price bus passes to their students. This agreement provides options for daily and monthly passes at Palm Tran’s published rates. The School Board, under the terms of the new agreement, will be able to purchase one-day bus passes at a cost of $3.50 each and monthly passes at a cost of $55 for middle and high school students. Due to low demand, this agreement removes the 20-week pass, at a cost of $250, which was for the exclusive use of the School Board. The School Board purchased only 200 of these passes, compared to purchasing 2,376 of the reduced 31-day pass during the previous three-year agreement period.  The School Board purchased a total of $237,715 in bus passes during the term of the previous agreement. Palm Tran’s current agreement limits pass usage to school hours. The new agreement will extend the use of the monthly and daily passes to include use outside of school hours.  This agreement will be approved by the School Board on their consent agenda dated June 19, 2019. Countywide (DR)

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to approve: a first amendment to Community Based Agency Contract (R2017-1088) with The Children’s Home Society of Florida (CHS) renewing the contract for the period July 1, 2019 through June 30, 2020, in the amount of $50,000 to provide adoption assistance services to eligible Title IV-E residents.

 

SUMMARY: On August 15, 2017, the Palm Beach County Board of County Commissioners (Board) approved a contract with CHS to provide pre- and post-adoption services through June 30, 2019, which included one one-year option for renewal. The adoption assistance services are designed to encourage more adoptions out of the foster care/dependency system and assist children in their transition to a successful and lifelong adoptive setting. In December 2016, August 2017 and December 2018, the Board approved the Inter-Agency Agreement, Amendment #0001 and Amendment #0002, respectively, with the Florida Department of Children and Families (DCF) under which the County submits for the allowable reimbursement by DCF for the pre- and post-adoption services paid to CHS.  The estimated revenue from DCF is $18,000 over the term of this first amendment, which will offset the expense. This first amendment will allow CHS to continue providing pre- and post-adoption services. Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

BB.     YOUTH SERVICES (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve an Agency Affiliation Agreement (Agreement) with The Johns Hopkins University for one year effective upon approval of the parties, for its students to complete planned and supervised clinical experiences required for a Master’s or Doctoral degree, at various Youth Services Department facilities, with no additional cost to the County; and

 

B) authorize the County Administrator or designee to execute any future agreements/minor amendments with The Johns Hopkins University to provide clinical supervision to students seeking training and experience in graduate programs of psychology, social work or other related fields. 

 

SUMMARY: The Youth Services Department’s Residential Treatment and Family Counseling Division continues to be an authorized counselor training facility for many state colleges and universities offering degrees in graduate programs of psychology, social work or other related fields of educational study. Master’s/Doctoral Degree programs require field education experience in order to meet degree and licensing requirements. The County will continue to offer its services and programs as a means for the students to obtain the necessary training and experience to earn their respective degree. There are no costs associated with this Agreement. Approval of the delegated authority will allow the County Administrator, or designee, to execute any future agreement/minor amendments with The Johns Hopkins University, for supervised clinical field educational experience. Countywide (HH)

 

 

CC.     INTERNAL AUDIT

 

1.         Staff recommends motion to receive and file:

 

Audit reports reviewed by the Audit Committee at its March 20, 2019 meeting as follows:

 

1.  19-01 Planning, Zoning & Building – Contractors’ Certification

2.  19-02 Risk Management – Countywide Vehicle Management

3. 19-03 Risk Management - Memorandum of Understanding (MOU) with Florida Department of Highway Safety and Motor Vehicles (DMV).

 

SUMMARY: County Code Section 2-260.16 requires the Internal Audit Committee to review audit reports prior to issuance.  County Code Section 2-463 requires the County Internal Auditor to send those reports to the Board of County Commissioners.  At its meeting on March 20, 2019, the Committee reviewed and authorized distribution of the attached audit reports. We are submitting these reports to the Board of County Commissioners as required by the County Code. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Letter of Donation from the Palm Beach County Police Athletic League, Inc., for a donation in the amount of $82,791, for the period of June 1, 2019 through May 31, 2020, and

 

B) approve a budget amendment of $82,791 in the Sheriff’s Grant Fund.

 

SUMMARY: On May 24, 2019, the Palm Beach County Police Athletic League (PAL) provided a letter of donation to the Palm Beach County Sheriff’s Office (PBSO) to fund the first year salary of a Recreation Specialist who will be assigned to the San Castle Community Center where PAL will be collaborating with Palm Beach County Office of Community Revitalization (OCR) to provide recreational and educational programming at the San Castle Community Center. PAL will also provide funding for a 15-passenger van to be used for PAL recreational activities. One PBSO position is created with this action. An increase in funding from the County may be requested through our annual budget process once the grant period ends. There is no match requirement associated with this award. Countywide (LDC)

 

 

EE.      MEDICAL EXAMINER

 

1.         Staff recommends motion to:

 

A) receive and file a Purchase Order (B47FB8) from the Florida Department of Health (DOH) for the Florida Enhanced State Opioid Overdose Surveillance (FL-ESOOS) Program to provide comprehensive and specialized toxicology testing services for the period of February 11, 2019 through June 30, 2019 in the amount of $30,498.15, and

 

B) approve a budget amendment of $30,498 in the general fund to recognize the supplemental grant funding.

 

SUMMARY:  The Center for Disease Control and Prevention (CDC) established the FL-ESOOS to enable states to develop and adapt surveillance systems to address the rising rate of overdoses attributable to opioids.  Florida is among the states funded in 2018. The County was awarded $30,498.15 from the FL-ESOOS Program Supplemental (CFDA # 93.136).  The PBC Medical Examiner’s Office will provide pertinent surveillance data specific to the opioid crisis to the DOH.  This information will include the results from comprehensive primary, enhanced and specialized toxicology testing services, over and above normal operating levels, for all suspected opioid-involved overdose deaths within Florida’s Medical Examiner District 15.  The statistical data provided will help in the development of a surveillance system to address the rising rate of overdoses attributable to opioids and provide supplemental funding to the Medical Examiner’s Office, which offsets some of the increased toxicology costs. No County match is required for this grant. Countywide (LDC)

 

 

* * * * * * * * * * * *


JUNE 18, 2019

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

A.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: an ordinance of the Board of County Commissioners (BCC) of Palm Beach County (County), Florida, repealing and replacing Palm Beach County Code Chapter 23, Article III, Ordinance No. 2008-006, governing right-of-way permitting; providing for title; definitions; permit required; permit application; provider and pass-through provider permit applications; provider and pass-through provider permit review; obligations of permittee; construction surety; enforcement remedies; permit revocation; abandonment of a facility; appeals; insurance; indemnification; force majeure; reservation of rights and remedies;   severability; inclusion in the code of laws and ordinances; savings clause; captions; and for an effective date. SUMMARY: This ordinance repeals and replaces the existing ordinance that governs permitting of facilities placed in the County’s Right-of-Way.  This ordinance will also govern placement of Small and Micro Wireless Facilities to be consistent with the “Advanced Wireless Infrastructure Deployment Act,” which relates to 5G wireless deployment.  Additional clarifications are proposed to assist staff in their review of permit applications for all types of facilities. Countywide (YBH)

 

2.         Staff recommends motion to adopt: an ordinance of the Board of County Commissioners (BCC) of Palm Beach County (County), Florida, repealing and replacing Palm Beach County Code Chapter 23, Article VII, Ordinance No. 2000-009, Palm Beach County Telecommunications Right-of-Way Ordinance, governing registration for use of right-of-way; providing for title; definitions; registration required; registration term and renewal; registration revocation and termination; insurance; abandonment; severability; inclusion in the code of laws and ordinances; enforcement; savings clause; captions; and for an effective date.  SUMMARY: This ordinance repeals and replaces the existing ordinance that governs the requirements for telecommunication companies to register with the County prior to applying for approval to install facilities within the County’s Right-of-Way.  This ordinance will expand the registration requirements to all types of communication companies and pursuant to the “Advanced Wireless Infrastructure Deployment Act,” which relates to 5G wireless technology deployment. These revisions are consistent with revisions proposed concurrently to the County’s Right-of-Way Permitting Ordinance. Countywide (YBH)

 

3.         Staff recommends motion to adopt: a resolution abandoning any public interest in all of that portion of the 25-foot right-of-way (ROW) reservation described in Deed Book 61, Page 166, lying in Parcel G, Delray Dunes First Section, according to the plat thereof, as recorded in Plat Book 28, Pages 222 through 224; and all of that portion of the 25 foot ROW reservation described in Deed Book 61, Page 166 and Deed Book 62, Page 245, lying in the parcel of land described in the deed recorded in O.R.B. 29713, Page 1191 (Abandonment Site), all of the Public Records of Palm Beach County (County). SUMMARY: Adoption of this resolution will eliminate the public dedication that is in conflict with future redevelopment plans by JKM Boynton ALF, LLC (Petitioner).  The Abandonment Site is located approximately .64 miles south of Woolbright Road on the east side of Military Trail. All reviewing agencies and utility service providers have approved this abandonment. The Engineering Department has determined that the Abandonment Site is surplus and serves no present or future public purpose. District 4 (YBH)

 

4.         Staff recommends motion to adopt: a resolution abandoning any public interest in a portion of a 30-foot wide unimproved right-of-way (ROW) lying in Block 28, Palm Beach Farms Company Plat No. 3, according to the plat thereof, as recorded in Plat Book 2, Page 45 (Abandonment Site), Public Records of Palm Beach County (County). SUMMARY: Adoption of this resolution will eliminate the public dedication that is in conflict with future redevelopment plans by Lake Worth Road Villas, LLC (Petitioner).  The Abandonment Site is located ¼ mile south of Lake Worth Road and immediately west of the Lake Worth Drainage District E-2W Canal. All reviewing agencies and utility service providers have approved this abandonment. The Engineering Department has determined that the Abandonment Site is surplus and serves no present or future public purpose. District 6 (YBH)

JUNE 18, 2019

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

A.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

5.         Staff recommends motion to:

 

A) adopt an ordinance to amend Ordinance No. 85-40, as amended, establishing an amended Five Year Road program (Program); providing for title; purpose; adoption of revised program and revised list of projects; implementation of the program; modification of the program; funding of other roadway improvements; interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date; and

 

B) approve the hiring of professionals to design, appraise and assist in the acquisition of lands, rights-of-way, and easements necessary to undertake the projects identified in the program, as approved herein, including but not limited to the employment of real estate appraisers, engineers, certified public accountants, business damage consultants and experts, and other professionals deemed necessary.

 

SUMMARY:  On May 7, 2019, the Board of County Commissioners (BCC) approved this amendment on preliminary reading and authorized advertisement for today’s Public Hearing for final adoption.  Since the development and adoption of Palm Beach County’s (County) program on December 3, 1985, the progress and evolution of current and near term projects have continued to be monitored. Traffic counts, costs and revenues have been updated. The most recent update to the program was December 18, 2018. Revisions are being proposed to modify the program to reflect this updated information. A mid-year ordinance amendment with a preliminary reading and a public hearing is required in order to accomplish this (Item A).  The approval to hire professionals will facilitate the property acquisitions necessary to accomplish the road goals of the program, as amended herein, for Fiscal Year 2019 through Fiscal Year 2023 (Item B).  Countywide (YBH) 

 

 

            B.        COUNTY ATTORNEY

 

          1.         Staff recommends a motion to adopt:  an ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending the Tourist Development Ordinance of Palm Beach County, Ordinance 95-30, as amended, amending Article III, Chapter 17 of the Palm Beach County Code; Amending Section 17-117 entitled Vacation Rentals; Providing for Repeal of Laws in Conflict; Providing for Severability; Providing for Inclusion in the Code of Laws and Ordinances; Providing for Captions and Providing for an Effective Date.  SUMMARY:  The purpose of this ordinance is to clarify the County’s regulation of short term rental units, as defined in Palm Beach County Ordinance No. 95-30, as amended.  This amendment is recommended due to current litigation involving Hosting Platform/Booking Service companies, the County and Tax Collector. The League of Cities concurred with adoption of this ordinance at its April 24, 2019 meeting. Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

            C.        ADMINISTRATION

 

1.         Staff recommends motion to adopt: an ordinance of the Board of County Commissioners of Palm Beach County, Florida, repealing and replacing Palm Beach County Code, Section 25-1, and Palm Beach County Ordinance No. 96-9 pertaining to garbage collection; providing for a title; providing for definitions; providing for requirements, prohibitions and exemptions; providing for enforcement, penalties and citation procedures; providing for inclusion in the Code Enforcement Citation Ordinance of Palm Beach County, Florida; providing for repeal of laws in conflict; providing for severability; providing for captions; providing for a savings clause; providing for inclusion in the Code Of Laws and Ordinances; and providing for an effective date. SUMMARY:  The repeal and replacement of Palm Beach County Code, Section 25-1, and Ordinance No. 96-9 is necessary due to the increase in population and development in Palm Beach County that has resulted in the need for new and improved methods of collection through automation and a need for better efficiency in collection while maintaining a high level of service throughout the County. New, larger garbage carts will be provided to the public that will also assist the haulers in maintaining an orderly, timely and consistent schedule for the collection of garbage and yard waste. The new ordinance will also limit the time that garbage and yard waste will remain at the collection point and in public view. On June 4, 2019, the Board of County Commissioners held a preliminary reading of this ordinance and authorized advertising for public hearing. Countywide (HJF)

 

 

 

 

 

 

* * * * * * * * * * * *


JUNE 18, 2019

 

 

5.         REGULAR AGENDA

 

A.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

 

1.         Staff recommends motion to receive and file: presentation on property values and the Property Appraiser’s FY 2020 budget proposal. SUMMARY: The Property Appraiser will provide a presentation on property values and the Property Appraiser’s FY 2020 budget proposal (Time: 15 Minutes) Countywide (DB)

 

 

B.        WATER UTILITIES

 

1.         Staff recommends motion to approve: six positions for the Water Utilities Operations Division of the Water Utilities Department (WUD), to be utilized in the Water Treatment Plants as Chief Water/ Wastewater Plant Operators.  SUMMARY:  One of the main focuses of WUD is to provide our 600,000 customers with the highest quality water 24/7, 365 days a year, through the sound operation of our water/wastewater plants. This goal requires skilled, licensed technicians following stringent regulatory rules utilizing complex treatment processes. To fulfill this mission, WUD has requested 12 additional Chief Operator positions to be added to the Department’s current complement.  Six positions will be funded as a result of this approval and the other six positions are being requested as part of the WUD FY 2020 budget. These staff will provide enhanced safety, improved operational reliability and water quality integrity, enhanced leadership and career advancement. This proposal includes staffing two or more licensed operators on each shift (3 shifts over 24 hours) at each facility to promote and enhance safety. These plants are located throughout the County, some in remote areas and each facility ranges in size from 13 acres to over 127 acres. Each plant utilizes industrial equipment with moving parts, high voltage electrical components, open tank basins and deep wells. Access to machinery includes having to go outside in the elements, climb up stairs and take samples or readings at regular intervals during each shift.  Having two staff on-site around the clock provides additional safeguards and protection for both the employees and the facilities alike.  Additional management level positions of Chief Water/Wastewater Plant Operator will ensure operational reliability and water quality integrity. The Department’s credibility depends upon safe drinking water, so it is essential to have management staff leading the facilities at all times. In addition, water and wastewater treatment technological complexity and stringent water quality compliance are two other aspects that were considered for obtaining supplemental chief operators. These new positions require the highest level of state operations licensing with a minimum of five years of practical experience, which will allow WUD to attract and hire staff with advanced knowledge, skills and abilities. On January 25, 2019, the Water Utilities Advisory Board supported the Department’s need for the additional positions. Countywide (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

5.         REGULAR AGENDA

 

C.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on July 2, 2019 at 9:30 a.m.:  an ordinance of the Board of County Commissioners of Palm Beach County, Florida, to be entitled “The Palm Beach County Infectious Disease Elimination Program”, establishing authority for an infectious disease elimination program pursuant to Florida Statute 381.0038(4); providing for a title; providing for applicability; providing for definitions; providing authorization for a needle exchange program; providing conditions precedent to establishing the needle exchange program; providing for approval of operator; providing for security of sites and equipment; providing for needle exchange program operations; providing for data and reporting requirements for needle exchange program; providing for lawful participation in needle exchange program; providing for enforcement; providing for state, county and municipal funding prohibited; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing for an effective date.  SUMMARY:  The Florida Legislature recently approved the infectious Disease Elimination Act (the Act), as codified in Section 381.0038(4), Florida Statutes, authorizing the Board of County Commissioners to establish a sterile needle and syringe exchange program within its geographic boundaries with the goal of eliminating infectious diseases, including HIV and Hepatitis C. This ordinance, if adopted, will allow a needle exchange program to operate in Palm Beach County.  A subsequent contract with an eligible provider must be approved and executed by the Board of County Commissioners prior to any program initiating operations within the County.  The Center for Disease Control also states the programs have proven to increase entry into substance use disorder treatment, reduce needle stick injuries to first responders, reduce overdose deaths, and save health care dollars by preventing infections and preventing HIV and viral Hepatitis. The approved legislation adds Florida to a list of 39 states in the country already offering needle/syringe exchange programs. No County funds are required for the program, as they are expressly prohibited by the Act. Countywide (LDC)

 

 

D.        HEALTH DEPARTMENT

 

1.         Staff recommends motion to adopt:  a resolution amending the Florida Department of Health in Palm Beach County Fee Schedule (Resolution R2016-0582) to add a $62.50 fee to perform comprehensive emergency management plan (CEMP) review for home health agencies, nurse registries, hospice and home medical equipment providers, update vital statistics fees by adding a notary fee of $10, reduce expedited birth/death certificate fees from $15 to $10, reduce vital check fees from $5 to $4, include a Veteran Administration death certificate fee of $5, and eliminate two community health and nutrition service fees: community health education, $25; and long-distance learning fee $15.  SUMMARY:  This resolution amends the fee schedule approved on May 3, 2016 (R2016-0582) by adding an initial and annual review fee for the CEMPs of facilities as required under Chapter 400 of the Florida Statutes. The $62.50 fee is calculated in the same manner as the Palm Beach County Division of Emergency Management’s Healthcare CEMP review program authorized under Chapter 27P-20, FAC. The resolution also updates vital statistics fees by adding a notary fee (providing on-site customer access), reducing the expedited birth/death certificate fee, reducing vital check fee and including a Veteran Administration (VA) death certificate fee. Funeral homes are not charged for veteran’s death certificates, but the VA provides an administrative cost to the Department. Also, the two community health and nutrition service fees being eliminated by the resolution are due to the fact that community health education has been funded through the program budget and the University of South Florida agreement, which hosted the long-distance learning program and associated fee, has ended. Countywide (HH)

 

 

 

 

JUNE 18, 2019

 

 

5.         REGULAR AGENDA

 

E.        FACILITIES DEVELOPMENT AND OPERATIONS

 

                        TIME CERTAIN: 2:00 P.M.

 

1.         Staff recommends motion to approve:

 

A) siting of the County’s second Homeless Resource Center (HRC2) upon +/-5 acres of vacant County-owned property located at 3680 Lake Worth Road in western Lake Worth; and

 

B) a Public Ownership (PO) Zoning District Deviation from the requirement that the HRC building structure be located at least 250 feet from the property line of residentially zoned parcels, to a distance of no less than 90 feet to the west and east to allow for construction of the HRC2 on the property.  

 

SUMMARY: On December 4, 2018, the BCC reviewed the estimated capital cost and projected operating cost of a HRC2 and directed Staff to move forward with the development process.  Staff has since updated and completed its review of facility siting options and has concluded that using the undeveloped portion of the County-owned property at 3680 Lake Worth Road, and accessed from Coconut Road, as the site for the HRC2 is in the best interest of the County.  Staff came to this conclusion after a preliminary evaluation of approximately 34 privately held properties.  The seven highest ranked were then evaluated against nine pre-established criteria to determine if any of those would warrant a recommendation other than using vacant County-owned property.  There were none that resulted from this evaluation and comparison against the subject property. Staff then began its community outreach efforts consistent with requirements of the Unified Land Development Code (ULDC) and the FDO PPM FDO-S-004 entitled “Public Outreach and Community Involvement for Homeless Resource Centers”.  That process resulted in 32 Operating Provisions.  These Operating Provisions have been developed to closely replicate those development conditions applied to the Lewis Center given the proven success of that facility, and to memorialize representations made during meetings with municipal representatives and members of the public regarding both near- and long-term measures to protect the surrounding community against any undue impact from the siting and operation of the HRC2. While only a conceptual site plan has been developed at this time it is known to Staff that the design will not be able to satisfy a provision of the ULDC which requires 250 feet of separation for a HRC from residentially zoned property and as such Staff is recommending that the Board approve a PO Zoning District Deviation to allow not less than 90 feet of separation from residential properties to the west and east.  Staff is recommending the BCC include the 32 Operating Provisions as conditions of approval for the requested deviation, which is authorized by the ULDC and will have the identical effect as development conditions applied to any other Development Order granted by the BCC. The total project cost is estimated at $8M and would be funded through a combination of Infrastructure Surtax (IST), Community Development Block Grant (CDBG) and Ad Valorem dollars.  (FDO) District 3/Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

5.         REGULAR AGENDA

 

E.        FACILITIES DEVELOPMENT AND OPERATIONS (Cont’d)

 

2.         Staff recommends motion to:

 

A) adopt a resolution authorizing the conveyance of six parcels of real property to the Westgate/Belvedere Homes Community Redevelopment Agency (CRA), pursuant to Florida Statutes Section 125.38, without charge and with reservation of mineral and petroleum rights without rights of entry and exploration; and

 

B)  approve a County Deed in favor of the CRA.

 

SUMMARY:  The County owns six parcels of land totaling 3.79 acres located within the boundaries of the CRA. These properties were purchased with Community Development Block Grant Funds in the County’s name on behalf of the CRA between 1999 and 2005.  The purchases were made to alleviate flooding in the north Westgate area by constructing small drainage ponds.  Since then, additional parcels have been purchased in the north Westgate area directly in the CRA’s name.  The CRA believes that sufficient drainage has been provided. The CRA has requested that the County convey these six parcels to the CRA so they can actively manage and permit their own projects. Further, the CRA is working with an adjacent property owner, Mickey Fernandez, doing business as Mi Pais Express, to assist his redevelopment project, and intends to grant a maintenance and access easement over a portion of the property located on Westgate Avenue being conveyed to the CRA.  The County will convey these parcels to the CRA without charge, and retain mineral and petroleum rights without rights of entry and exploration in accordance with Florida Statute Section 270.11.  Both the Property and Real Estate Management Division and the Engineering Department support the conveyance of these six parcels to the  CRA. This conveyance must be approved by a Supermajority Vote (5 Commissioners).   (PREM) District 7 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

5.         REGULAR AGENDA

 

E.        FACILITIES DEVELOPMENT AND OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve:  Amendment Two to Interlocal Agreement with the Town of Lake Park (Town) which provides a one year extension of the timeframe for performance of certain Town obligations under the existing Lake Park Marina Interlocal Agreement with the County (R2010-1943) and authorizes the Town to issue a Request for Proposals (RFP) or conduct a Public Private Partnership (PPP) Procurement Process for redevelopment of the Town’s Marina property.  SUMMARY:   On November 16, 2010, the County and Town entered into an Interlocal Agreement which provided the Town with $2.4 Million for acquisition of .8 acres of land adjacent to the Marina for expansion of boat trailer parking.  The Town closed on the acquisition in December of 2010 using the County’s grant funding. The Interlocal Agreement required the Town to complete the boat trailer parking lot expansion, which the Town did.  The Interlocal Agreement also required the Town to reconfigure the trailer parking lot and develop a pedestrian promenade, which the Town has not pursued pending adoption of changes to its Comp Plan and zoning regulations designed to encourage high intensity mixed use redevelopment. The Town has recently adopted the contemplated changes to its Comp Plan and zoning regulations and is seeking the County’s approval to select a developer for redevelopment of the Town’s Marina property, including the property purchased with County grant funding and other adjacent privately owned property. The Town will either issue an RFP or utilize the PPP procurement process established under F.S. Section 255.065, which allows for direct negotiations with a selected developer.  This Amendment Two provides the Town one year in which to conduct its RFP or PPP procurement process. The Town will require that developers incorporate as many of the existing boat trailer parking spaces as possible into the ground floor of the redevelopment, with passenger vehicle parking, retail and residential development built over the top of the trailer parking.  Developers will also be required to include restaurants, the promenade and other uses, which would provide increased public access to and use of the waterfront and Marina.  Upon selection of a proposal, which meets the requirements set forth above, County and Town staff will prepare another amendment to the Interlocal Agreement and present it to the Board for approval.  Staff supports the Town’s concept for redevelopment and selection of a developer through either the RFP or PPP procurement process.  While the Town is well behind the timeframes for completing improvements required by the Interlocal Agreement, this is a large and complicated project for the Town which if ultimately completed will fulfill the objective of the Waterfront Bond Issue to increase public access to the water and will also assist the Town in accomplishing its economic redevelopment objectives. The Town has prepared a presentation to the Board providing more detailed information on its request. (PREM) District 1 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

5.         REGULAR AGENDA

 

F.         YOUTH SERVICES

 

1.         Staff recommends motion to conceptually approve: allocations for funding in the Action Area of Ensuring Safety and Justice, for the period October 1, 2019 through September 30, 2022, in an estimated total amount of $583,552, annually:

 

Proposer

Annual Amount

Children of Inmates, Incorporated

$71,451

Communities in Schools of Palm Beach County, Inc.

$62,779

Community Child Care Center of Delray Beach, Inc. d/b/a Achievement Centers for Children and Families

$111,853

Gulfstream Goodwill Industries, Inc.

$115,894

Milagro Foundation, Inc. d/b/a Milagro Center

$68,000

The Urban League of Palm Beach County, Inc.

$153,575

Total

$583,552

 

SUMMARY: On March 11, 2019, the Youth Services Department issued a Request for Proposals (RFP) for Community Based Agency (CBA) funding for three years, beginning in FY2020.  Proposals were accepted for the Ensure Safety and Justice Action Area identified as a priority in the Youth Master Plan (YMP).  This Action Area provides for intervention and alternatives to crime and strengthening prevention efforts to deter entry into the delinquency system. Funding for these CBAs comes from existing budget previously used to fund five contracts transferred from Community Services (under the Financially Assisted Agency (FAA) program for youth violence prevention). These contracts/programs were approved to continue under new contracts with the last renewal option set to expire September 30, 2019.  All five agencies were eligible to submit a proposal. To continue to align programs with the YMP and incorporate evidence-based promising/programming with outcomes and performance measures, the RFP was issued. Final contracts with each Agency will be presented to the Board after contract negotiations are complete. Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

5.         REGULAR AGENDA

 

            G.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to:

 

A) approve a Neighborhood Stabilization Program 2 (NSP2) funding award of $2,000,000 to Village of Valor, Ltd. (VOV) for the Village of Valor project, contingent on resolution of a lis pendens on the project site;

 

B) direct staff to negotiate the NSP2 funding agreement; and

 

C) delegate authority to the County Administrator or designee to execute the agreement, amendments thereto, and all other related documents necessary for implementation of the project.

 

 

SUMMARY: Staff recommends Board of County Commissioners’ (BCC) approval of a NSP2 award of $2 Million to VOV for the Village of Valor project (Project) which has a total development cost of $31.4 Million. The Project includes new construction of 130 apartments and 18 townhomes for affordable rental to very low, low, and moderate-income persons, with priority given to veterans and their families, including the disabled, homeless and at-risk of homelessness.  It is to be located on vacant land on the north side of 2nd Avenue North, east and west of Keller’s Canal in Lake Worth (east portion) and Palm Springs (west portion).  Staff is also requesting authorization to negotiate the funding agreement with VOV and execute all related documents contingent on resolution of a lis pendens on the project site.  The lis pendens relates to a $4,198,000 loan for acquisition of the property, which matured on February 1, 2018.  VOV was not able to satisfy the mortgage due to the delays in securing the project financing but has now secured all of its funding sources.  The Project’s $31.4 Million financing includes the $2 Million NSP2 allocation which was conceptually approved by the BCC on October 2, 2018 (Agenda Item 4E-1), contingent on VOV securing all other funding necessary to complete the project.  In addition, VOV has been awarded a $272,306 allocation from the County’s Impact Fee Affordable Housing Assistance Program (IFAHAP). At the time of the BCC’s conceptual approval of the $2 Million NSP2 allocation, the Project included 148 units at affordable rent rates based on VOV’s plans to obtain development funding from the highly competitive State Apartment Incentive Loan and 9% Housing Credits Programs. However, the tax credit financing was not secured and is being offset by an increase in the amount of mortgage/bond financing.  To support the increased debt service, VOV increased the total number of housing units from 148 to 157 and restructured the housing unit mix from 100% affordable to a 20%-80% affordable-workforce unit mix (with priority still given to veterans and their families).  Under the new structure, contingent on the BCC’s approval of the staff recommendation, the $2 Million in NSP2 funds will be used toward the construction of the 32 affordable housing units.  Whereas, the remaining 125 workforce housing units will be financed through the other funding sources included in the Project.  The $2 Million NSP2 loan will bear no interest and require no repayment of principal during its 30-year term.  At the satisfactory conclusion of the 30-year term, the full principal amount would be forgiven; however, should VOV default by violating NSP2 affordability requirements during the 30-year term, the full principal amount will become due.  The NSP2 mortgage will not close prior to satisfaction of the existing mortgage. These are NSP2 program income funds which require no local match. District 3 (HJF)

 

 

 

 

 

 

 

 

 

 

 

JUNE 18, 2019

 

 

5.         REGULAR AGENDA

 

H.        PARKS & RECREATION

 

1.         Staff recommends motion to:

 

A) adopt a resolution repealing Resolution R81-914, which will rescind the Boynton Beach Municipal Golf Course Advisory Committee operating statement; and

 

B) approve Amendment No. 1 to the lease agreement R90-871D, between Palm Beach County and the City of Boynton Beach deleting the requirement to establish the Boynton Beach Municipal Golf Course Advisory Committee.

 

SUMMARY:  On February 12, 1980, Palm Beach County executed a lease agreement for approximately 150 acres of land on Jog Road with the City of Boynton Beach for the development of a municipal golf course.  Within the lease agreement, the parties agreed to establish a five member advisory committee comprised of three City of Boynton Beach appointees and two Palm Beach County appointees.  The committee was tasked with providing advice to the City on planning, construction, maintenance, and operation of the golf course.  The golf course has been operating for over 30 years and the advisory committee has not conducted official business since 2015. The municipal golf course development project has been complete for many years and the City of Boynton Beach has a professional golf operations and maintenance staff that are experienced in the operation of golf facilities. As a result, the City no longer requires the services of a citizen advisory committee. District 3 (AH)

 

 

I.          PALM TRAN

 

1.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, approving the Title VI Fare equity analysis required by the Federal Transit Administration showing that the fares for the pilot Flex Route and Dial-A-Ride service in the Glades Region, Go Glades, has no disparate impact to either minority or low-income populations with an effective date of June 18, 2019. SUMMARY:  On August 14, 2018, as a part of the Route Performance Maximization (RPM) Project the BCC authorized staff to implement a pilot Flex Route and Dial-A-Ride service for the Glades region.  On December 18, 2018, the BCC approved a contract with MV Transportation and the “Go Glades” pilot service commenced on December 21, 2018. At the December 18, 2018 meeting, Palm Tran advised the BCC that it would present a fare equity analysis to the Board six months after service commenced. In accordance with Federal Transit Administration guidelines, all grant recipients are required to adopt a Title VI program. Palm Tran’s Title VI program update, which was approved by the BCC on September 24, 2013, requires an equity analysis to be conducted in conjunction with all major service changes. Palm Tran contracted with Tindale Oliver to conduct the analysis and the results show that there is no disparate impact to low-income or minority populations. Countywide (DR)

 

* * * * * * * * * * * *


JUNE 18, 2019

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

* * * * * * * * * * * *


 JUNE 18, 2019

 

 

 7.        ADJOURNMENT

 

"If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based."