October 22, 2019

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

OCTOBER 22, 2019

 

PAGE             ITEM

 

  9                    3A-1                REVISED MOTION: A) approve the following project agreements (Agreements) to implement various community improvement projects and initiatives through the Office of Community Revitalization’s (OCR) Neighborhood Engagement and Transformation (NEAT) Grants Program for a total of $150,000: 3. an agreement with The School Board of Palm Beach County, Florida on behalf of Royal Palm Beach Community High School in an amount not-to-exceed $10,000 for a little free library project; 17. an Agreement with Rebuilding Together of the Palm Beaches, Inc. in an amount not-to-exceed $10,000 for a home repair project. (Admin/OCR)

 

10                    3C-2               REVISED SUMMARY: The increased contract amount is based on updated estimates that exceed the current contract amount to be expended throughout Palm Beach County by the user departments. To date, tasks in the amount of $12,449,461 have been authorized for Ranger. The first amendment was pulled from the October 8, 2019 Board of County Commissioner’s agenda so that it could be re-presented to the Goal Setting Committee (GSC).  The GSC set a 15% Small Business Enterprise (SBE) subcontracting goal for this contract as the Affirmative Procurement Initiative on October 11, 2019. The contract was presented to the Goal Setting Committee on April 3, 2019 and October 11, 2019, and a 15% SBE participation for the Affirmative Procurement Initiative was applied. This bid was solicited on August 7, 2018. , prior to the effective date of the EBO Ordinance and pursuant to the SBE Ordinance at the time. Ranger proposed has agreed to 15% SBE participation. Their cumulative SBE participation to date is 15.3%.  This is the first of two allowable extensions, not to exceed 36 months total contract time, as the contract provides. (Eng)

 

11                    3C-3               DELETED FOR FURTHER STAFF REVIEW

 

12                    3C-6               DELETED

 

38                    3T-1                REVISED MOTION: Staff recommends motion to approve adopt: the a resolution effecting the transfer and donation of 11 SPOT Vision Screeners (Vision Testers) along with the title transfer from Florida Department of Health Palm Beach County (FDOHPBC) fixed assets inventory to the Health Care District of Palm Beach County (HCD) for use by the HCD School Health Division. (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

43                    3CC-1             REVISED MOTION: Staff recommends motion to approve: Contracts for the Handicap Accessibility and Awareness Grant Program with the following non-profit agencies listed below, for the period October 22, 2019 through September 30, 2020, in a total amount not to exceed $30,000 for services. A) Contract with The ARC of Palm Beach County, Inc. funds will be used to for the provision of improving accessibility and equal opportunity and promoting awareness of the rights and ambitions of persons with disabilities through an awareness program targeting local businesses, employers and community leaders, including Business Leader Breakfasts, Job-a-palooza, a career exploration event aimed at transition age teens with and without disabilities, and an interactive job fair for adults with disabilities seeking to enter the workforce, in an amount not to exceed $4,875; and;B) Contract with Best Buddies International, Inc. funds will be used to sustain current school chapters and continue to promote one-to-one friendships between students with and without intellectual and developmental disabilities (IDD) to develop social skills that will aid in future employment, independence and integration into society post-graduation, in an amount not to exceed $3,500; and C) Contract with Easter Seals of Florida, Inc. funds will be used to market a 12 week skills training course which assists individuals with disabilities or other special needs for work in the hospitality field, in an amount not to exceed $3,500; and D) Contract with Florida Outreach Center for the Blind, Inc. funds will be used to purchase office equipment to increase the safety of students, staff, visitors and volunteers, as well as ensure that sensitive student information and supplies are  and to secure sensitive student information and supplies, in an amount not to exceed $10,000; and E) Contract with Jeff Industries, Inc. funds will be used to purchase computer equipment to be used by persons with chronic mental illnesses with co-occurring disorders and residual substance abuse transition from temporary housing to permanent affordable housing, learn employment skills, apply for benefits and complete on-line job applications. The with a  a goal is to attain self-sufficiency which will result in enhanced recovery and individual progress,  in an amount not to exceed $2,000; and F) Contract with Sea Turtle Adventures, Incorporated funds will be used to purchase a motorized beach wheelchair which would to allow for full participation and inclusion by adults with disabilities in beach cleanups, beach-combing events, shorebird observations, mangrove cleanups, and sea turtle related experiences and in programs offered to partner agencies, in an amount not to exceed $6,125. (OEO)

 

49                    4D-1               DELETED FOR FURTHER STAFF REVIEW: Staff recommends motion to approve: A) the Program of Projects for the FY2019 Section 5307 and Section 5339 Grant allocations, in the amount of $17,429,929 (5307); $2,087,965 (5339), and $50,000 in FLEX Funds programmed by the Palm Beach Transportation Agency (TPA) from the Federal Transit Administration; (Palm Tran)

 

50                    4E-1                REVISED SUMMARY:  The PRC has not met to review a qualifying real estate transaction in 3 years, and currently does not have enough members to achieve a quorum.  Staff is submitting a companion agenda item to approve a Resolution reducing the number of committee members from 5 to 3 to assist in filling the Committee.  This repealed and replaced PREM Ordinance also requires disclosure of appraised values in the summary section of the agenda item presented for Board approval. (FDO)

 

53                    5D-1               REVISED MOTION:  Staff recommends motion to adopt approve: the sale of one Westgate/Belvedere Homes Community Redevelopment Agency (CRA)-owned property to Elite Capital & Development Inc., for $84,000 and other considerations subject to the terms of the CRA’s Purchase Agreement.  (Westgate CRA)

 

56                    5F-1                REVISED SUMMARY: Within the five-year extension, it is the Department’s intent to request design phase funding ($500K) in FY2021 during the regular budget process as part of our five-year Capital Program. Should the Board not approve the five-year extension, funding for the design phase would need to be identified immediately either from reserves or another capital funding source the Development Order would become null and void because the County could not resume development, as required by the settlement agreement by May 31, 2020. (Parks)

57                    5G-1               ADD-ON: Staff recommends motion to approve: postponing further consideration of the proposal dated October 15, 2019 by Related/City Place Hotel, LLC, for development of 250 hotel rooms to augment the number of rooms available for use by the Convention Center, until completion of the ongoing study of Convention Center operations. SUMMARY: Related developed the existing 400 room Hilton Convention Center Headquarters Hotel which opened for business in 2016.  The County provided Related $27M in ad valorem funding assistance, and also acquired 3.6 acres of land for the Hotel from the City for $10M and leased the land and Hotel  to Related under a 99 year ground lease.  Since the Hotel opened, operating performance of the Convention Center has improved dramatically, and the Hotel has experienced a very high occupancy rate. Staff has had numerous discussions with Related regarding the need for additional hotel rooms, as Related operates the existing Hotel, owns 1.8 acres across the street in a logical location for development of an additional hotel and could deliver additional rooms most expeditiously.  Staff would like to see 400-600 rooms developed, while Related believes that based on current Convention Center performance, market conditions and financing availability, the market will only support development of 250 rooms at this time.  In response to those discussions, Related submitted the attached proposal to develop additional rooms on its 1.8-acre site using the same ground lease structure currently in place for the existing Hotel.  Related is proposing to develop 250 hotel rooms at this time, with ability to develop an additional 250 rooms should market conditions permit. To develop the initial 250 rooms, Related is seeking financial assistance of $6.25M upon obtaining building permits, and $15M payable by the County over a 25-year period.  Related would require comparable financial assistance to construct the second phase of 250 rooms. Bed taxes cannot be used to fund construction of a hotel, so any financial assistance provided to Related would have to be funded by ad valorem.  Related has committed to seek to have the City contribute up to 25% of the County’s financial assistance,  however, it is staff’s recommendation that the County not move forward with additional rooms unless and until the City agrees to financially contribute.  Related is also requesting the County lease it 450 parking spaces within the existing Convention Center Garage at a rate to be determined.  The construction cost of those spaces is approximately $9M. Related is also requesting that the County release Related from its existing obligations to construct 650 parking spaces for the existing Hotel .Finally, Related is requiring that the County not allow a competing hotel to be developed for 5 years after completion of construction of the second phase, with no set timeframe for completion.  The Tourist Development Council recently hired a consultant, Convention, Sports and Leisure International (CSL) to evaluate existing Convention Center operations, and among other things, make recommendations on the number of hotel rooms required to support the existing Convention Center  and future expansion, parking spaces required for the Convention Center, existing Hotel and additional rooms to be constructed, and the level of financial assistance required to support development of additional hotel rooms.  CSL will also evaluate the potential to develop a new hotel on the existing Convention Center site. CVB has been contacted by several developers interested in developing a hotel on the Convention Center site. The ability to develop a new hotel on the Convention Center site would allow the County to issue a Request for Proposals and introduce a competitive element into these negotiations.  Currently, staff has a limited basis for evaluating Related’s proposal. The results of CSL’s study will provide the County the more detailed information required to make an informed decision.  The study may also facilitate the option to conduct a competitive RFP process. In addition, Related will be providing detailed financial information on its existing Hilton Hotel operations as required by the Hotel Lease, which will assist in evaluating Related’s request for financial assistance. In light of the foregoing, Staff strongly recommends that any decision on Related’s proposal be postponed until completion of CSL’s study and receipt of Related’s financial information. (FDO)

 

 

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

 

 

OCTOBER 22, 2019

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

 

 1.        CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

 2.        AGENDA APPROVAL/BCC AND STAFF COMMENTS

 

A.        Additions, Deletions, Substitutions

B.        Adoption

            C.        Staff Comments (Page 7)

            D.        Commissioner Comments (Page 8)

 

 3.        CONSENT AGENDA (Pages 9-44)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Page 45-50)

 

 5.        REGULAR AGENDA (Pages 51-56)

 

 6.        BOARD APPOINTMENTS (Page 57)

 

 7.        MATTERS BY THE PUBLIC – 2:00 P.M. (Page 59)

 

 8.        ADJOURNMENT (Page 59)

 

 

 

 

* * * * * * * * * * *


OCTOBER 22, 2019

 

TABLE OF CONTENTS

 

 

STAFF COMMENTS (Page 7)

 

COMMISSIONER COMMENTS (Page 8)

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 9

            3A-1    Project agreements for various community improvement projects and initiatives

 

B. CLERK & COMPTROLLER

Page 10

            3B-1    Warrant list

            3B-2    Contracts and claims settlements list

           

C. ENGINEERING & PUBLIC WORKS

Page 10

            3C-1   Work task order to contract with HSQ Group, Inc. for the SW 18th Street and Boca Rio Road intersection improvements

            3C-2   Amendment to contract with Ranger Construction Industries, Inc. for annual milling and resurfacing

Page 11

            3C-3   Work orders to contract with Ranger Construction Industries, Inc. to mill and resurface High Ridge Road from Miner Road to Hypoluxo Road  and Central Boulevard from Donald Ross Road to Indian Creek Parkway utilizing the County’s Contract with Ranger

            3C-4   Amendment to contract with Stantec Consulting Services, Inc. for the Lake Osborne Drive over Lake Bass Canal Bridge Replacement project

Page 12

            3C-5   Work task order to contract with Stantec Consulting Services, Inc. for the Belvedere Road over Lake Worth Drainage District E-3 Canal bridge replacement project

            3C-6   Resolution conveying four properties to the Village of Palm Springs

Page 13

            3C-7   Fiscal Year 2020 sidewalk program

            3C-8   Resolution conveying parcel on Church Street to West Jupiter Community Group, Inc.

Page 14

            3C-9   Interlocal agreement with the Town of Jupiter for replacing traffic signal support structures at the intersection of Military Trail and Indian Creek Parkway

            3C-10 Resolution abandoning interest in utility easement on the Golf and Tennis Club of Villages of Oriole

 

E. COMMUNITY SERVICES

Page 15

            3E-1    Contracts for provision of financial assistance with five agencies

Page 16

            3E-2    Contracts for provision of financial assistance with three agencies

Page 17

            3E-3    Contracts for provision of financial assistance with two agencies

Page 18

            3E-4    Amendment to contract for provision of financial assistance with Housing Partnership, Inc.

Page 19

            3E-5    Contracts for provision of financial assistance with Alzheimer’s Community Care, Inc. and 211 Palm Beach/Treasure Coast, Inc.

Page 20

            3E-6    Receive and file amendment to project award from the Florida Department of Education

Page 21

            3E-7    Contract for provision of professional services with CareerSource Palm Beach County, Inc.

            3E-8    Receive and file contract for provision of Ryan White Part A HIV Health Support Services with AIDS Healthcare Foundation, Inc.

 

OCTOBER 22, 2019

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS

Page 22

            3F-1    Terminal Building Lease Agreement with the General Services Administration

            3F-2    Amendment to Development Site Lease Agreement with FlightSafety International Inc.

            3F-3    Receive and file extension of time to Joint Participation Agreements with the Florida Department of Transportation

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 23

            3G-1   Annual report for the Fiscal Year ending September 30, 2019 from the Lake Worth Beach CRA

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 23

            3H-1   Amendment to contract with The Weitz Company, LLC for the Green Cay Nature Center Renovations project

Page 24

            3H-2   Amendment to contract with Robling Architecture Construction In. for construction management services

            3H-3   Termination Agreement with the Town of Palm Beach Shores related to radio equipment maintenance

Page 25

            3H-4   Termination Agreement with the Town of South Palm Beach related to radio equipment maintenance

            3H-5   Amended and restated agreement with the Town of Lantana for direct access to the County Public Safety Radio System

            3H-6   Interlocal agreement with the Village of North Palm Beach for interoperable communications

Page 26

            3H-7   Amended and restated agreement with the Town of Ocean Ridge for direct access to the County Public Safety Radio System

            3H-8   Amended and restated Interlocal agreement with the Town of Loxahatchee Groves for interoperable communications

Page 27

            3H-9   Utility easement agreement in favor of Florida Power & Light for electrical services at Okeeheelee Park

            3H-10 Contract with Protect Video, Inc. for electrical services

Page 28

            3H-11 Work order to contract with Andrea Construction Inc. for the Fire Rescue 911 Call Center Uninterrupted Power Supply System Replacement project

Page 29

            3H-12 Increase in the maximum dollar value of the minor construction annual contracts

 

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 30

            3I-1     Amendment to agreement with the City of Belle Glade transferring Community Development Block Grant funds from the computer equipment account to the vehicle lease account

            3I-2     Receive and file amendment to Economic Development incentive Agreement with Carrier Corporation

Page 31

            3I-3     Contract with the Palm Beach County Black Business Investment Corporation for consulting/ professional services

            3I-4     Receive and file agreement with the Business Loan Fund of the Palm Beaches, Inc. for technical assistance to small businesses

Page 32

            3I-5     Interlocal agreement with the Florida Atlantic Research and Development Authority for the Technology Business Incubator

            3I-6     Receive and file agreement with the Center for Technology, Enterprise and Development, Inc. for the development and expansion of small businesses

 

OCTOBER 22, 2019

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

I. HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

Page 33

            3I-7     Agreement with the Florida Atlantic University Board of Trustees for seminars and internships

            3I-8     Contract for Sale and Purchase form for use in the sale of workforce housing units in Silverwood Estates

 

J. PLANNING, ZONING & BUILDING

Page 34

            3J-1    Interlocal Agreement with the Village of Palm Springs providing for the annexation of one enclave located on the west side of Davis Road, south of Lake Worth Road

 

K. WATER UTILITIES

Page 34

            3K-1    Consultant Services Authorization to contract with Kimley-Horn and Associates, Inc. for the Water Treatment Plant No. 11 High Service Pump Station Electrical Building Improvements project

Page 35

            3K-2    Work authorization to contract with Hinterland Group Inc. for the Barfield Highway from Pelican River to East 7th Street, Pahokee water main replacement project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 35

            3L-1    State of Florida, Fish and Wildlife Conservation Commissioner agreement for artificial reef construction

Page 36

            3L-2    Grant agreement with the Federal Emergency Management Agency Hazardous Mitigation Grant program for wildfire mitigation

 

Q. CRIMINAL JUSTICE COMMISSION

Page 37

            3Q-1   Ratify Mayor’s signature on grant application to the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Formula Federal FY 19 Direct Grant for the PBSO to join NIBRS

Page 38

            3Q-2   Receive and file grant adjustment notice for the Federal Fiscal Year 2019 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant

 

            T. HEALTH DEPARTMENT

Page 38

            3T-1    Transfer and donation of SPOT Vision Screeners to the School Health Division

 

            V. TRANSPORTATION PLANNING AGENCY

Page 38

            3V-1    Amendment to the Interlocal Agreement for staff and services delineating the final transition terms

 

X. PUBLIC SAFETY

Page 39

            3X-1    Bill of Sale to Retirement Home for Horses, Inc. for ownership of 15 horses

            3X-2    Receive and file amendment to contract with the Florida Council Against Sexual Violence

Page 40

            3X-3    Contract with Compass, Inc. for outreach to the Lesbian, Gay, Bisexual, Transgender, Questioning community

Page 41

            3X-4    Receive and file amendment to subcontract with the Florida Council Against Sexual Violence

 

 

 

 

 

OCTOBER 22, 2019

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

BB. YOUTH SERVICES

Page 42

            3BB-1 Amendment to the Behavioral Health Cooperative Agreement with the School Board of Palm Beach County, Florida for school based therapeutic services

 

CC. OFFICE OF EQUAL OPPORTUNITY

Page 43

            3CC-1 Contracts for the Handicap Accessibility and Awareness Grant Program with six non-profit agencies

 

            DD. COMMISSION ON ETHICS

Page 44

            3DD-1 Memorandum of Understanding with the Delray Beach Community Redevelopment Agency

 

            EE. TOURIST DEVELOPMENT COUNCIL/CULTURAL COUNCIL

Page 44

            3EE-1 Agreement with the Cultural Council of Palm Beach County, Inc. for grants to community-based non-profit cultural organizations

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. WATER UTILITIES

Page 45

            4A-1    Ordinance amending the Palm Beach County Code related to Liens of Assessments

 

            B. ENGINEERING & PUBLIC WORKS

Page 46

            4B-1    Ordinance amending the Palm Beach County Code related to Priority of Lien, Interest, and Method of Payment of Special Assessments

Page 47

            4B-2    Reservation of a utility easement on Myers Road

            4B-3    Resolution abandoning public interest in right-of-way south of Lake Worth Road and west of Polo Road

 

            C. HOUSING AND ECONOMIC SUSTAINABILITY

Page 48

            4C-1   Public hearing as required by the Brownfields Redevelopment Act

 

            D. PALM TRAN

Page 49

            4D-1   Program of Projects for the FY2019 Section 5307 and Section 5339 Grant allocations

 

            E. FACILITIES DEVELOPMENT & OPERATIONS

Page 50

            4E-1    Ordinance repealing and replacing Chapter 22, Article VI of the Palm Beach County Code related to the Real Property Acquisition, Disposition and Leasing Ordinance

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

A. AIRPORTS

Page 51

            5A-1    Receive and file Federal Aviation Administration Grant Agreement to conduct a noise compatibility plan study at Palm Beach County Park Airport

 

            B. ENGINEERING & PUBLIC WORKS

Page 52

            5B-1    Interlocal agreement with the City of Westlake to transfer traffic regulatory authority to Palm Beach County for segment of Seminole Pratt Whitney Road between East Sycamore Drive and 60th Street North

 

            C. HOUSING AND ECONOMIC SUSTAINABILITY

Page 53

            5C-1   Resolution approving the issuance of Housing Finance Authority bonds for Brenton at Abbey Page 53

            5C-2   Resolution approving the issuance of Housing Finance Authority bonds related to the Internal Revenue Code of 1986

 

            D. WESTGATE/BELVEDERE HOMES CRA

Page 53

            5D-1   Sale of a Westgate/Belvedere Homes CRA owned property to Elite Capital & Development Inc

 

            E. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 54

            5E-1    Resolution authorizing issuance of Public Improvement Revenue Refunding Bonds related to the Convention Center Project

Page 55

            5E-2    Resolution authorizing issuance of Sewer Revenue Refunding Bonds related to the FPL Reclaimed Water Project

 

            F. PARKS & RECREATION

Page 56

            5F-1    Direction regarding a five-year time extension for development of the Cam D. Milani park site

            5g-1    Postponing further consideration of the development of 250 hotel rooms

 

BOARD APPOINTMENTS

Page 57

            6A-1    Appointments to the Commission on Affordable Housing

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 58)

 

ADJOURNMENT (Page 59)

 


OCTOBER 22, 2019

 

 

2C.      STAFF COMMENTS

 

 

1.         ADMINISTRATION COMMENTS

 

 

 

 

 

 

2.         COUNTY ATTORNEY

 

 

 


OCTOBER 22, 2019

 

 

2D.      COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

 

 

 

District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 

 


OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to:

 

A) approve the following project agreements (Agreements) to implement various community improvement projects and initiatives through the Office of Community Revitalization’s (OCR) Neighborhood Engagement and Transformation (NEAT) Grants Program for a total of $150,000:

 

1. an Agreement with Cabana Colony Residents League, Inc. in an amount not-to-exceed $5,000 for a reflective tag and flashlight project;

2. an Agreement with Paragon Florida, Inc. in an amount not-to-exceed $5,000  for a memorial garden project;

3. an agreement with The School Board of Palm Beach County, Florida on behalf of Royal Palm Beach Community High School in an amount not-to-exceed $10,000 for a little free library project;

4. an Agreement with Syheita Rhoden in an amount not-to-exceed $16,800 to purchase items for a landscaping project ($6,800) and a Wall painting project ($10,000);

5. an Agreement with Community Faith Outreach Ministries, Incorporated in an amount not-to-exceed $5,800 for a community seed bank project;

6. an Agreement with Larry Diegart in an amount not-to-exceed $2,500 for a community event project;

7. an Agreement with Nelida Mejia in an amount not-to-exceed $9,300 for a community playground project;

8. an Agreement with Herbert Crawford in an amount not-to-exceed $10,000 for a youth football team project;

9. an Agreement with Bettye Lawson in an amount not-to-exceed $5,000 for a landscaping project;

10. an Agreement with Nicholas LaRose in an amount not-to-exceed $7,500 for a school mural project;

11. an Agreement with Colin Walkes in an amount not-to-exceed $10,000 for a bus stop covering project;

12. an Agreement with the City of South Bay in an amount not-to-exceed $10,000 for a family movie night project;

13. an Agreement with Kings Tutoring and Mentoring Foundation, Inc. in an amount not-to-exceed $19,900 for a Youth football team project ($10,000) and a mobile meal café project ($9,900);

14. an Agreement with One Love-One Community Foundation, Inc. in an amount not-to-exceed $4,500 for a cultural experience project;

15. an Agreement with Bonnie Hodges Leech in an amount not-to-exceed $11,200 for a mural project ($4,700)  a food pantry project ($5,000) and an IRS 501(c)3 tax exempt status project ($1,500);

16. an Agreement with Paint Your Heart Out Palm Beach County, Inc.  in an amount not-to-exceed $7,500 for a painting project;

17. an Agreement with Rebuilding Together of the Palm Beaches, Inc. in an amount not-to-exceed $10,000 for a home repair project., and

17. an Agreement with Rebuilding Together of the Palm Beaches, Inc. in an amount not-to-exceed $10,000 for a home repair project.

 

B) delegate authority to the County Administrator or designee to approve minor changes to the scope of work of these Agreements that do not increase the awarded grant funding.

 

SUMMARY:  The NEAT Grants Program was established by the Board of County Commissioners (BCC) on March 13, 2018 to provide funding for eligible neighborhood improvement projects and initiatives proposed in neighborhoods located within unincorporated Palm Beach County and the Lake Region municipalities, with funding priority given to Countywide Community Revitalization Team neighborhoods. A NEAT Agency Review Committee, comprised of representatives from the Planning, Zoning and Building Department, Engineering, Land Development, Purchasing, Parks and Recreation, Emergency Management, Public Affairs, the Palm Beach County Sheriff’s Office, and Risk Management, was formed to review the applications and recommend projects for funding.  The committee evaluated the 45 applications received and recommended 21 projects for funding in an amount totaling $150,000. This agenda item includes 17 Agreements for the recommended 21 projects. The projects will be completed in FY 2020 and include a variety of activities.  Staff is also requesting that the BCC delegate authority to the County Administrator or designee to approve minor changes to the scope of work, which do not increase the total amount of the awarded grant funding. Countywide (HH)

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to receive and file:  Warrant List – Backup information can be viewed in the Clerk & Comptroller’s Office.

 

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

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: a work task order to the intersection improvements annual contract (R2017-0779) dated June 20, 2017 with HSQ Group, Inc., (HSQ) in the amount of $165,685.05 for professional services for the S.W. 18th Street and Boca Rio Road intersection improvements (Project).  SUMMARY:  Approval of this work task order will provide the design services necessary for the Project.  The services include surveying, signal design, drainage, curb and gutter, sidewalk, and signing and pavement markings for the Project. The contract was presented to the Goal Setting Committee on February 6, 2019, and a 20% mandatory Small Business Enterprise (SBE) subcontracting goal was set as the Affirmative Procurement Initiative. HSQ proposed 75% SBE participation for the contract.  Their SBE participation for this work task order is 61.8%. Their cumulative SBE participation to date including this work task order is 79.56%. HSQ is a Palm Beach County based company and a certified SBE company. Districts 4 & 5 (YBH)

 

2.         Staff recommends motion to approve: a first amendment to the annual milling and resurfacing construction contract R2018-1533, Project No. 2018051, dated October 16, 2018, with Ranger Construction Industries, Inc. (Ranger), to retroactively extend the expiration date from October 15, 2019 to October 15, 2020, increase the contract by $15,400,000 and update contract language. SUMMARY: Approval of this first amendment will increase the contract with Ranger from $16,000,000 to $31,400,000, retroactively extend the expiration date from October 15, 2019 to October 15, 2020 and update the Commercial Non-Discrimination, Maintenance of  Payroll Records, Local Government Prompt Payment Act, Proposal Form, Audit of Contractor’s Records, and the Equal Business Opportunity Program sections and add the Vendor Self Service Registration Required section. The increased contract amount is based on updated estimates that exceed the current contract amount to be expended throughout Palm Beach County by the user departments. To date, tasks in the amount of $12,449,461 have been authorized for Ranger. The first amendment was pulled from the October 8, 2019 Board of County Commissioner’s agenda so that it could be re-presented to the Goal Setting Committee (GSC).  The GSC set a 15% Small Business Enterprise (SBE) subcontracting goal for this contract as the Affirmative Procurement Initiative on October 11, 2019. The contract was presented to the Goal Setting Committee on April 3, 2019 and October 11, 2019, and a 15% SBE participation for the Affirmative Procurement Initiative was applied. This bid was solicited on August 7, 2018. , prior to the effective date of the EBO Ordinance and pursuant to the SBE Ordinance at the time. Ranger proposed  has agreed to 15% SBE participation. Their cumulative SBE participation to date is 15.3%.  This is the first of two allowable extensions, not to exceed 36 months total contract time, as the contract provides. Countywide (YBH)

 

  

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

3.         DELETED Staff recommends motion to approve:

 

A) Work Order 2018051-62 in the amount of $225,000 to mill and resurface High Ridge Road from Miner Road to Hypoluxo Road utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2018-1533 (Contract) with Ranger Construction Industries, Inc. (Ranger); and

 

B) Work Order 2018051-63 in the amount of $1,175,000 to mill and resurface Central Boulevard from Donald Ross Road to Indian Creek Parkway utilizing the County’s Contract with Ranger.

 

SUMMARY: Per County PPM CW-F-050, these work orders exceed the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC).  Approval of these work orders will allow the contractual services necessary to construct the improvements. Prior to these work orders, approximately $12 million of Ranger’s $16 31.4 million Contract has been spent or encumbered. On October 16, 2018, the BCC approved the Contract with Ranger to provide milling and resurfacing of County roadways for countywide projects. The Contract was renewed on October 22, 2019.  The Contract was presented to the Goal Setting Committee on October 11, 2019 and an Affirmative Procurement Initiative of 15% was applied. Ranger proposed 15% Small Business Enterprise (SBE) participation for the Contract and for these work orders. Approval of these work orders will result in a cumulative SBE participation of 15% for all the work orders issued under the Contract. Districts 1 & 3 (YBH)

 

 

4.         Staff recommends motion to approve:

 

A) the fourth amendment to the structural engineering services annual contract (R2017-0137) dated February 7, 2017 with Stantec Consulting Services, Inc. (SCSI); and

 

B) Supplement No. 1 (supplement) in the amount of $191,779.06, to the work task order dated August 2, 2017 with SCSI for the design of Lake Osborne Drive over Lake Bass Canal Bridge Replacement (Project).

 

SUMMARY: Approval of this fourth amendment will update the language of the termination section, criminal history records check section, non-discrimination section, scrutinized companies section and add the vendor self-service registration required section to be compliant with current Palm Beach County standards.  Approval of this supplement will provide the design services necessary for the project.  The design services are for bridge replacement design and construction plans based upon the completed study.  The solicitation for design professionals was advertised on August 7, 2016 and August 14, 2016.  The annual contract was approved on February 7, 2017, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance at that time.  The SBE goal for all contracts was 15%.  SCSI proposed 31% SBE participation. Their SBE participation for this supplement is 31.2%.  Their cumulative SBE participation to date including this supplement is 30.4%.  SCSI is a Palm Beach County based company. This project is funded by the infrastructure sales tax. District 3 (YBH)

 

                       

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

5.         Staff recommends motion to approve: a work task order to the structural engineering annual contract (R2017-0137) dated February 7, 2017 with Stantec Consulting Services, Inc. (SCSI) in the amount of $339,291.71 for professional services for the Belvedere Road over Lake Worth Drainage District (LWDD) E-3 Canal bridge replacement (Project). SUMMARY:  Approval of this work task order will provide the design services necessary for the project. The services include production of construction plans to replace the existing twin bridges with a single bridge on Belvedere Road over the LWDD E-3 Canal.  The solicitation for design professionals was advertised on August 7, 2016 and August 14, 2016.  The annual contract was approved on February 7, 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 was 15%.  SCSI proposed 31% for the contract. Their SBE participation for this work task order is 32.5%. Their cumulative SBE participation to date including this work task order is 30%.  SCSI is a Palm Beach County (County) based company. District 2 (YBH)

 

6.         DELETED  Staff recommends motion to approve:

 

A)  adopt a resolution authorizing the conveyance to the Village of Palm Springs (Village) of four parcels with property control numbers 70-43-44-08-04-000-0482, 70-43-44-19-11-002-0249, 70-43-44-19-08-000-1050, and 70-42-44-24-04-000-0410; and

 

B)  approve a Palm Beach County (County) deed to convey the parcels at no cost to the Village.

 

SUMMARY: On October 25, 2018, the Village requested the transfer of the County’s property interest in the subject parcels to allow the municipality to maintain and have jurisdictional control throughout its municipal boundaries for a public purpose. The County normally reserves its interest in phosphate, minerals, metals and petroleum rights per Section 270.11(1), Florida Statutes. However, the Village has requested the release of this reservation because it requires the properties to be free and clear without encumbrances, which could impede the use of the properties. Three of the four parcels were acquired by tax deed, and one was acquired by a dedication for drainage purposes. Staff has determined that the parcels serve no present or future County purpose. All parcels are located within the Village’s municipal boundaries. The parcels are being conveyed to the Village pursuant to Section 125.38, Florida Statutes. This conveyance will relieve the County of potential liability and the cost of maintenance for these properties. All purchases, sales and exchanges of fee simple title to real property must be approved by a super majority vote (5 Commissioners) pursuant to County Ordinance 2009-052. District 3 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

7.         Staff recommends motion to approve: the Fiscal Year 2020 sidewalk program. SUMMARY: Approval of the program will allow construction of the proposed projects that have been compiled in response to requests from the Palm Beach County School District, the Palm Beach County Sheriff’s Office, the Board of County Commissioners, and residents of Palm Beach County. The proposed projects include 14 new construction projects and 11 major maintenance projects. The total program cost is $1,500,000 and is allocated among the following categories: Countywide (YBH)

 

 

School Related

$893,480

Non-School Related

$81,800

Major Maintenance

$500,000

Minor Maintenance & Support

$24,720

Total

$1,500,000

 

 

8.         Staff recommends motion to:

 

A) adopt a resolution authorizing the conveyance of Palm Beach County’s (County) interest in the northern 3 feet of a 66 foot posted and viewed right-of-way (Parcel) for Church Street, CMB 11-364 dated November 16, 1927, to West Jupiter Community Group, Inc., a Florida not-for-profit corporation (WJCG); and

 

B) approve a County deed in favor of WJCG.

 

SUMMARY: Adoption of the resolution will authorize the approval of a County deed to convey the north 3 feet of the 66 foot posted and viewed right-of-way (Parcel) for Church Street, that was established in CMB 11-364, on November 16, 1927 (approximately 1,276 square feet) to WJCG. The County deed will reserve an interest in phosphates, minerals, metals, and petroleum rights per Section 270.11, Florida Statutes.  WJCG requested the conveyance of the parcel since the County has never used it, does not and will not require the parcel for current or future right-of-way purposes, and the parcel will help WJCG meet building setback requirements. The parcel is being conveyed pursuant to Section 125.35 (2), Florida Statutes. The parcel is of insufficient size and shape to be issued a building permit for any type of development and, due to its location, is of use only to WJCG. Per the aforementioned statute and criteria, the County can affect this conveyance. This conveyance will relieve the County of potential liability and the cost of maintenance for this parcel. All purchases, sales and exchanges of real estate must be approved by a super majority vote (5 Commissioners) pursuant to County Ordinance 2009-052. District 1 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

9.         Staff recommends motion to approve:

 

A) an interlocal agreement with the Town of Jupiter (Town), for the replacement of existing span wire with mast arm traffic signal support structures at a cost of $140,000 at the intersection of Military Trail and Indian Creek Parkway (Project); and

 

B) a budget amendment of $140,000 in the Transportation Improvement Fund to recognize the Town’s participation and appropriate it to the project.

 

Summary:  Approval of this agreement and budget amendment will allow the Palm Beach County (County) Traffic Division to complete the project using the County’s annual signal construction contractor. The Town will provide the engineering design and construction plans for the project. The Town will remove or relocate the existing decorative street light pole located within the project’s scope. Construction will be funded by the Town at an estimated cost of $140,000; any remaining funding needed over $140,000 will be furnished by the County. After completion of the project, the Town will restore any landscaping affected. The County will construct the Project and will assume maintenance responsibility upon final acceptance. District 1 (YBH)

 

10.       Staff recommends motion to adopt:  a resolution abandoning any public interest in all of a 669-foot long utility easement as depicted on the plat of Golf and Tennis Club of Villages of Oriole (abandonment site), recorded in Plat Book 31, Page 213, of the Public Records of Palm Beach County, lying in Section 16, Township 46 South, Range 42 East, Palm Beach County.  SUMMARY: Adoption of this resolution will eliminate the public dedication that is in conflict with future development plans by 13 FH Avalon LP (Petitioner). The abandonment site is located west of Jog Road and ¼ mile north of Atlantic Avenue. All reviewing agencies and utility service providers have approved this abandonment and the Engineering Department has determined that the utility easement serves no present or future public purpose. District 5 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: the contracts for Provision of Financial Assistance with the below listed agencies, for the three year period October 1, 2019 through September 30, 2022, in an amount totaling $1,243,212, of which $414,404 is budgeted for FY 2020 with an anticipated annual allocation of $414,404 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of these contracts, to provide services in the service category of economic stability:

 

A) The Lord’s Place, Inc., for the provision of job training and employment services to low-income individuals, in an amount not to exceed $150,000, of which $50,000 is budgeted in FY 2020 with an anticipated annual allocation of $50,000 in each subsequent fiscal year for the term of this contract;

 

B) Palm Beach Habilitation Center, Inc., for the provision of financial literacy services to adults with disabilities, in an amount not to exceed $180,000, of which $60,000 is budgeted in FY 2020 with an anticipated annual allocation of $60,000 in each subsequent fiscal year for the term of this contract;

 

C) Farmworker Coordinating Council of Palm Beach County, Inc., for the provision of family preservation and economic stabilization services to migrant/seasonal farm workers who are at risk of becoming homeless, in an amount not to exceed $497,550, of which $165,850 is budgeted in FY 2020 with an anticipated annual allocation of $165,850 in each subsequent fiscal year for the term of this contract;

 

D) Habilitation Center for the Handicapped, Inc., for the provision of on-the-job training, job coaching and case management services for adults with special needs, in an amount not to exceed $180,162, of which $60,054 is budgeted in FY 2020 with an anticipated annual allocation of $60,054 in each subsequent fiscal year for the term of this contract; and

 

E) Coalition for Independent Living Options, Inc., for the provision of emergency financial assistance and life skills training, for families with disabilities, in an amount not to exceed $235,500, of which $78,500 is budgeted in FY 2020 with an anticipated annual allocation of $78,500 in each subsequent fiscal year for the term of this contract.

 

SUMMARY: On July 2, 2019, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program. The contracts being recommended in this item reflect dollar amounts included in the FY 2020 budget. These contracts represent $414,404 of the total FAA funding allocation of $13,299,507 in FY 2020. In 2019, The Lord’s Place, Inc. served 23 low-income individuals with individualized employment service plans. Under the new contract, 20 low-income individuals will be assisted with clerical, culinary, or retail job training programs. Palm Beach Habilitation Center, Inc. will provide a new service under the economic stability category. Under the new contract, 30 adults with disabilities will be assisted with training in financial literacy. In 2019, Farmworker Coordinating Council of Palm Beach County, Inc. assisted 270 migrant/seasonal farm workers with self-sufficiency programs. Under the new contract, 350 migrant/seasonal farm workers will be assisted with emergency rental and utility assistance, financial literacy workshops, transportation and support groups. Habilitation Center for the Handicapped, Inc. will provide a new service under the economic stability category. Under the new contract, 20 adults with special needs will be assisted with on-the-job training services, job placement and case management. Coalition for Independent Living Options, Inc. will provide new services under the economic stability category. Under the new contract, 60 families with disabilities will be assisted with emergency financial assistance, life skill training and linkages with community resources. Whitney Davis, an employee of The Lord’s Place, Inc., is a member of the Palm Beach County HIV CARE Council. This board provides no oversight, regulation, management, or policy-setting recommendations regarding the agency contract listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. (Financially Assisted Agencies) Countywide (HH)

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve: the contracts for Provision of Financial Assistance with the below listed agencies, for the three year period October 1, 2019 through September 30, 2022, in an amount totaling $743,388, of which $247,796 is budgeted for FY 2020 with an anticipated annual allocation of $247,796 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of these contracts, to provide services in the service category of economic stability: 

 

A) Community Caring Center of Palm Beach County, Inc., for the provision of vocational skills training and employment placement support services to low-income families, in an amount not to exceed $195,888, of which $65,296 is budgeted in FY 2020 with an anticipated annual allocation of $65,296 in each subsequent fiscal year for the term of this contract;

 

B) The Urban League of Palm Beach County, Inc., for the provision of financial literacy and workforce development services to low-income families, in an amount not to exceed $337,500, of which  $112,500 is budgeted in FY 2020 with an anticipated annual allocation of $112,500 in each subsequent fiscal year for the term of this contract; and

 

C) Pathways to Prosperity, Inc., for the provision of self-sufficiency services to low-income families, in an amount not to exceed $210,000, of which $70,000 is budgeted in FY 2020 with an anticipated annual allocation of $70,000 in each subsequent fiscal year for the term of this contract.

 

SUMMARY: On July 2, 2019, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program. The contracts being recommended in this item reflect dollar amounts included in the FY 2020 budget. These contracts represent $247,796 of the total FAA funding allocation of $13,299,507 in FY 2020. Community Caring Center of Palm Beach County, Inc. will provide a new service under the economic mobility category. Under the new contract, 20 families will be assisted with vocational skills training, employment placement support and business development classes. The Urban League of Palm Beach County, Inc. will provide a new service under the economic stability category. Under the new contract, 47 households will be assisted with financial literacy education, workforce development and linkage and referrals to other services. In 2019, Pathways to Prosperity, Inc. served 37 households with self-sufficiency services. Under the new contract, 40 households will be assisted with self-sufficiency services. Soulan Johnson, an employee of The Urban League of Palm Beach County, Inc., is a member of the Advisory Commission on Women. Patrick Franklin, CEO of The Urban League of Palm Beach County, Inc., is a member of the Housing Finance Authority and the Infrastructure Surtax Independent Citizen Oversight Committee. Disclosure of these contractual relationships at a duly noticed public meeting are being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. (Financially Assisted Agencies) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to approve: the contracts for Provision of Financial Assistance with the below listed agencies, for the three year period October 1, 2019 through September 30, 2022, in an amount totaling $352,602, of which $117,534 is budgeted for FY 2020 with an anticipated annual allocation of $117,534 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of these contracts, to provide services in the service category of economic stability: 

 

A) Children’s Case Management Organization, Inc. d/b/a Families First of Palm Beach County, for the provision of comprehensive home and community-based social work case management services to assist relative caregiver families who have children under the age of 18, in an amount not to exceed $187,500, of which $62,500 is budgeted in FY 2020 with an anticipated annual allocation of $62,500, in each subsequent fiscal year for the term of this contract; and

 

B) El Sol, Jupiter’s Neighborhood Resource Center, Inc., for the provision of employment services to day laborers to increase the frequency and level of job offers available, in an amount not to exceed $165,102, of which $55,034 is budgeted in FY 2020 with an anticipated annual allocation of $55,034 in each subsequent fiscal year for the term of this contract.

 

SUMMARY: On July 2, 2019, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program. The contracts being recommended in this item reflect dollar amounts included in the FY 2020 budget. These contracts represent $117,534 of the total FAA funding allocation of $13,299,507 in FY 2020. In 2019, Children’s Case Management Organization, Inc. served 50 families under the kin support project program. The program provides comprehensive home and community-based social work case management services to assist relative caregiver families. Under the new contract, 25 families will be assisted with case management services. In 2019, El Sol, Jupiter’s Neighborhood Resource Center, Inc. served 559 clients with employment services and educational and vocational training. Under the new contract, 400 clients will be served. Keisha Jackson, an employee of Children’s Case Management Organization, Inc., is a member of the Palm Beach County HIV CARE Council. Heather Tate-Boldt, an employee of El Sol, Jupiter’s Neighborhood Resource Center, Inc., is a member of the Citizens Advisory Committee on Health and Human Services Advisory Board. These boards provide no oversight, regulation, management, or policy-setting recommendations regarding the agency contract listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. (Financially Assisted Agencies) Countywide (HH).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to approve: Amendment No. 1 to contract for Provision for Financial Assistance with Housing Partnership, Inc. (R2017-1622), for the period October 1, 2017 through September 30, 2020, increasing to the contract amount by $236,275 for a new total contract amount not to exceed $655,378, to provide supportive housing services to adults with severe and persistent mental health issues and community based outpatient services to children and families with mental health issues.  SUMMARY: Amendment No. 1 is required in order to merge the scopes of work of both County contracts with the Housing Partnership, Inc. (HPI) and the Parent-Child Center, Inc. (PCC) (R2017-1622). HPI and PCC merged corporate existence under the title of Housing Partnership, Inc. d.b.a. Community Partners of South Florida. HPI provides case management support and housing assistance through its Supportive Housing Opportunity Program to single adults with a severe and persistent mental illness who are able to live independently, and families with a head of household who has a mental health or substance disorder and is transitioning from welfare to work. In 2018, the agency provided housing assistance to 130 families through a supportive housing plan along with coordinated services to increase the family’s opportunities for self-sufficiency and decreased homelessness. PCC provides the Community Based Outpatient Services Program, which provides quality, trauma-informed, holistic, and evidenced based mental health interventions and care coordination to children and families in Palm Beach County. These therapeutic services typically occur in the client’s home, school, or other local community location. In 2018, PCC provided mental health coordination and services to 1,875 clients. The County will terminate its contract with PCC effective on the date Amendment No. 1 with HPI becomes effective. No additional County funds required. (Financially Assisted Agencies) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to approve:

 

A) a contract for Provision of Financial Assistance with Alzheimer’s Community Care, Inc., for the four year period October 1, 2019 through September 30, 2023, in an amount totaling $2,254,884, of which $563,721 is budgeted for FY 2020 with an anticipated annual allocation of $563,721 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of this contract, for the provision of dementia specific wrap-around services for residents and family caregivers; and

 

B) a contract for Provision of Financial Assistance with 211 Palm Beach/Treasure Coast, Inc., for the three year period October 1, 2019, through September 30, 2022, in an amount totaling $620,580, of which $206,860 is budgeted in FY 2020 with an anticipated annual allocation of $206,860 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of this contract, to provide an information helpline to serve as a source of information and referrals to Palm Beach County families and elder crisis outreach services.

 

SUMMARY: On July 2, 2019, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program. The contracts being recommended in this item reflect dollar amounts included in the FY 2020 budget. These contracts represent $770,581 of the total FAA funding allocation of $13,299,507 in FY 2020. During the last contract period, Alzheimer’s Community Care, Inc., through its family nurse consultant program served 354 Palm Beach County residents with a suspected diagnosis of Alzheimer’s disease, or other neurocognitive disorder and 355 residents received services at the adult day care. Under this contract, approximately 900 families will receive a variety of services, which includes guidance and support to family caregivers, cognitive evaluations, support groups, cognitive evaluations and specialized Alzheimer’s day care services. 211 Palm Beach/Treasure Coast, Inc. operates a 24-hour day, 365 day per year telephone helpline/hotline service providing an array of support and assistance, including information, assessment, advocacy, referral and linkage to appropriate community agencies, as well as crisis intervention and suicide prevention. For the elder crisis outreach program, services for each client are provided in a range of one day to four months with an average of three weeks per client. Staff is trained in crisis intervention and suicide prevention. During the last contract period, 211 Palm Beach/Treasure Coast, Inc. served 627 clients and achieved 79.83% of their outcome. Under this contract, 450 clients under the elder crisis outreach program will be served. (Financially Assisted Agencies) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         Staff recommends motion to:

 

A) receive and file Amendment No. 1 to Project Award Notification No. 760-4059B-9CFJ1 from the Florida Department of Education, for the budget period July 1, 2018 through September 30, 2019, to increase the grant amount by $10,851 for a new not to exceed amount of $257,067, to provide career counseling, vocational training, job placement assistance and support services to eligible migrant/seasonal farmworkers and their dependents;

 

B) receive and file a Project Award Notification No. 760-4050B-0CFJ1 from the Florida Department of Education, for the budget period July 1, 2019 through September 30, 2020, in an amount no to exceed $225,143, to provide career counseling, vocational training, job placement assistance and support services to eligible migrant/seasonal farmworkers and their dependents; and

 

C) approve a budget amendment of $174,660 in the Farmworker Career Development Program fund to reconcile the budget to the actual grant award.

 

SUMMARY: Amendment No. 1 to Project Award Notification No. 760-4059B-9CFJ1 was received from the Florida Department of Education (FDOE). Amendment No. 1 increased the total grant award for Grant Year (GY) 2018 by $10,851. The GY 2018 FDOE Project Application was approved by the Board of County Commissioners on June 5, 2018 (R2018-0826), for the period July 1, 2018 through September 30, 2019. These funds were used to pay educational and vocational fees for farmworkers and their dependents enrolled in the program. Project Award Notification No. 760-4050B-0CFJ1 for GY 2019 was received from the FDOE issuing a grant award of $225,143 for the Farmworker Career Development Program (FCDP) under Title I, Section 167 of the Workforce Innovation and Opportunity Act. The GY 2019 FDOE Project Application was approved by the BCC on July 2, 2019 (R2019-0938), for the period July 1, 2019 through September 30, 2020. The FCDP has served residents for over 40 years in Palm Beach County, with an emphasis in the Tri-City Glades, as well as the City of Clewiston in Hendry County, as the migrant seasonal farmworker population is often in transit from one county to another due to the seasonal crops. From GY 2016 through GY 2018, the FCDP has served a total of 288 clients enrolled in the support services and training programs, with 127 clients obtaining permanent employment in the fields of medical, commercial truck driving, security, and construction. The job success rate for clients obtaining permanent jobs outside of farm work is 44%. Under the new grant, FCDP will continue to provide vocational training, educational and support services to 98 migrant/seasonal farmworkers and their dependents to obtain economic self-sufficiency through permanent and stable employment outside of farm work. In accordance with County PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. No County funds are required. (Farmworker Career Development Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

7.         Staff recommends motion to approve: a contract for Provision of Professional Services with CareerSource Palm Beach County, Inc. (CareerSource), for the period August 1, 2019 through March 31, 2020, in an amount not to exceed $100,000 to provide a variety of training services to low-income participants. SUMMARY: CareerSource will provide employment skills training, work readiness training, entrepreneurship training and job placement services to assist low-income residents in moving towards self-sufficiency. Qualified clients must be residents of Palm Beach County and meet the federal poverty guidelines. Funding for the contract is provided by the Community Services Block Grant (CSBG). The agency is an important component of the CSBG Self-Sufficiency Program. In 2018, 193 clients were enrolled and 83 clients completed the vocational training. In this program, 47% of the participants obtained employment and maintained employment for over 90 days. Charles Duval, an employee of CareerSource is a member of the Farmworker Program Advisory Board (FPAB). The FPAB provides no regulation, oversight, management, or policy-setting recommendations regarding the agency listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. No County funds are required. (Community Action Program) Countywide (HH)

 

8.         Staff recommends motion to receive and file: a contract for Provision of Ryan White Part A HIV Health Support Services with AIDS Healthcare Foundation, Inc. (AHF), for the period March 1, 2019 through February 28, 2020, in an amount not to exceed $21,422, for the provision of emergency financial assistance with prior authorization and nutritional supplement services for persons living with HIV Spectrum Disease. SUMMARY: AHF will provide new support services to HIV clients that qualify for emergency financial assistance and nutritional supplement services. Emergency financial assistance includes HIV medications with prior authorization. Emergency anti-retroviral medications are provided to clients on a limited or short-term basis when no other payer sources are available. The provision of food and/or nutritional supplement services must be prescribed as a treatment per the medical provider’s recommendation. All activities performed under this service category must be pursuant to a medical provider’s referral and based on a nutritional plan developed by the registered dietitian or other licensed nutrition professional. AHF will review client eligibility for the Ryan White Program pursuant to Palm Beach County HIV CARE Council standards and eligibility. AHF will also ensure that clients are not enrolled in another medication assistance program for the same medication. Kristen Harrington, employee of AHF, is a member of the HIV CARE Council. This board provides no regulation, oversight, management, or policy-setting recommendations regarding the agency contract listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section. 2-443, of the Palm Beach County Code of Ethics. The Director of Purchasing or designee through Ord. No. 2015-004 § 3, 1-13-15; Ord. No 2018-022, § 2, 10-16-18 has delegated authority to execute this contract. In accordance with County PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. No County funds are required. (Ryan White Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS

 

1.         Staff recommends motion to:

 

A) approve a Terminal Building Lease Agreement (Lease) with the General Services Administration (GSA), an executive agency of the United States of America, for the lease of approximately 11,101 square feet of space within the Palm Beach International Airport (PBI) Terminal Building, for payment of initial annual rental of $873,602.77, commencing November 1, 2019 and expiring October 31, 2027; and

 

B) authorize the County Administrator or designee to execute, on behalf of County, Rental Adjustment Amendments in the form attached as Exhibit “E” to the Lease, to reflect rental adjustments to be made each October 1st throughout the term of the Lease.

 

SUMMARY:  The Lease provides for the lease of office and support space by the GSA for the Transportation Security Administration. Rental rates are established in accordance with the rates for non-signatory airlines under the PBI Signatory Airline Agreement (R2019-1155) and are subject to adjustment each October 1.  GSA requires that rental rate adjustments be made through an amendment on the form attached as Exhibit “E” to the Lease.  The Department is requesting a delegation of authority to the County Administrator or designee to sign Rental Adjustment Amendments. For purposes of this delegation, the Director of Airports shall be considered a designee. Countywide (HJF)

 

2.         Staff recommends motion to approve:  the first amendment to Development Site Lease Agreement (Amendment) with FlightSafety International Inc. (FlightSafety) (R2000-0154) (Lease) at 3887 Southern Boulevard at the Palm Beach International Airport (PBI). SUMMARY:  FlightSafety leases approximately 127,021 square feet of ground area and 32,120 square feet of building area at PBI for aviation training.  The Lease estimated the square footage of the building area, pending completion of a building expansion. The Amendment updates the Lease to reflect the actual square footage of the building. The Amendment also updates various provisions to ensure consistency with other leases at PBI, including provisions related to rental adjustment, security deposit nondiscrimination, Americans with Disabilities Act, Inspector General and third-party beneficiaries. The Amendment is effective as of October 1, 2019.  Countywide (AH)

 

3.         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) Fuel Farm Improvements at Palm Beach County Glades (Pahokee) Airport, Financial Project Number 427892-1-94-01 approved by the Board on February 3, 2015 (R2015-0149 and R2015-0150), until June 30, 2020; and

 

B) Cargo Facility Access Improvements at Palm Beach International Airport (PBI), Financial Project Number 434607-1-94-01 approved by the Board on March 14, 2017 (R2017-0279 & R2017-0280), until January 31, 2020.

 

SUMMARY: The extension of time agreements will extend the availability of grant funding to allow for the continuation of project activities at said airports. 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)

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to receive and file: the Annual Report for the Fiscal Year ending September 30, 2018 from the Lake Worth Beach CRA.  SUMMARY: The Lake Worth Beach CRA has submitted its Annual Report for the Fiscal Year ending September 30, 2018 as per Section 163.356(3)(c), Florida Statutes. Countywide (DB)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Amendment No. 3 to the contract with The Weitz Company, LLC (R2016-0763) in the amount of $1,233,393 for improvement to the Green Cay Nature Center Renovations project establishing a Guaranteed Maximum Price (GMP) for construction management services for a period of 190 days from notice to proceed. SUMMARY: On June 21, 2016, the Board of County Commissioners approved the continuing services contract with The Weitz Company, LLC for construction management services for capital projects under $2,000,000. The existing roof has outlived its useful life and the facility is experiencing leaks and wood deterioration. Amendment No. 3 authorizes construction management services for the replacement of the existing metal roof, replacement of the deteriorated wood timbers, painting and weatherproofing of the main facility and entry tower. The Construction Manager (CM) was selected pursuant to the Small Business Enterprise (SBE) ordinance but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity ordinance. The continuing CM contract was presented to the Goal Setting Committee on February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was applied. The CM is not an SBE. To date the CM has achieved 23.09% SBE subcontracting participation and submitted 8.3% SBE participation on this Amendment. The CM is a local business utilizing all local subcontractors. The funding source is from the Public Building Improvement Fund. (FDO Admin) District 5 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: 

 

A) a budget transfer in the amount of $525,000 within the Fire Rescue Improvement Fund; and

 

B) Amendment No. 12 to the contract with Robling Architecture Construction Inc, (R2016-0762) in the amount of $762,460 for the county-owned Fire Rescue Station No. 28 Re-roof project establishing a Guaranteed Maximum Price (GMP) for Construction Management Services for a period of 120 days from notice to proceed.  

 

SUMMARY: On June 21, 2016, the Board of County Commissioners approved the continuing services contract with Robling Architecture Construction, Inc., for construction management services for capital projects under $2,000,000. The existing roof at Fire Station No. 28 is at the end of its service life and a failure to replace this roof could affect the ability to maintain operations. Amendment No. 12 authorizes construction management services for a complete re-roof of the entire fire rescue building to include heating ventilation and air conditioning (HVAC) curb replacements, new roof insulation and rainwater drainage improvements. The Construction Manager (CM) was selected pursuant to the Small Business Enterprise (SBE) ordinance but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity ordinance. The CM is a SBE and Palm Beach County business utilizing all local subcontractors. The GMP was presented to the Goal Setting Committee on February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was applied. To date the CM has achieved 37.96% SBE subcontracting participation and will provide 70.91% SBE participation for this Amendment. The funding source for this work is the Fire Rescue Improvement Fund. (FDO Admin) District 6 (LDC)

 

3.         Staff recommends motion to approve: a Termination Agreement (Agreement), effective October 31, 2019, with the Town of Palm Beach Shores (Participant) setting forth the conditions for an early termination of; 1) the Interlocal Agreement (R2015-1256) providing direct access to the County’s 800 MHz Radio System, and 2) the Interlocal Agreement (R2014-0929) providing radio equipment maintenance services. SUMMARY:  On September 22, 2015, the Board approved an Interlocal Agreement R2015-1256, (Direct Access Agreement) with the Participant, providing the Participant with direct access to the County’s 800 MHz Radio System.  On July 1, 2014, the Board approved an Interlocal Agreement (R2014-0929), extended to June 30, 2021, by First Amendment (R2017-0810) (Maintenance Agreement), providing the Participant with radio equipment maintenance services. The Participant recently voted to transition its police services from the Participant to the Palm Beach County Sheriff’s Office, which transition will be effective on November 1, 2019.  Consequently, the Participant is requesting the Direct Access Agreement and the Maintenance Agreement be terminated on October 31, 2019 and the FY 2020 annual maintenance fee and annual replacement fund contribution be prorated through the date of termination. This Agreement sets forth the conditions for the early termination and authorizes pro rata payment (October 1, 2019 through October 31, 2019) of the fees. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: a Termination Agreement (Agreement), effective September 30, 2019, with the Town of South Palm Beach (Participant) setting forth the conditions for an early termination of; 1) the Interlocal Agreement (R2009-1661) providing direct access to the County’s 800 MHz Radio System, and 2) the Interlocal Agreement (R2014-1920) providing radio equipment maintenance services. SUMMARY: On October 6, 2009, the Board approved an Interlocal Agreement (R2009-1661), extended to October 4, 2017 by First Amendment (R2013-1166) and to October 4, 2021 by Second Amendment (R2017-1032) (Direct Access Agreement) with the Participant, providing the Participant with direct access to the County’s 800 MHz Radio System.  On December 16, 2014, the Board approved an Interlocal Agreement (R2014-1920), extended to October 4, 2021 by First Amendment (R2017-1034) (Maintenance Agreement), providing the Participant with radio equipment maintenance services. The Participant recently voted to transition its police services from the Participant to the Palm Beach County Sheriff’s Office, which transition was effective on October 1, 2019.  Consequently, the Participant requested the Direct Access Agreement and the Maintenance Agreement be terminated on September 30, 2019. This Agreement sets forth the conditions for the early termination. (ESS) Countywide (LDC)

 

5.         Staff recommends motion to approve: an Amended and Restated Agreement (Agreement) with the Town of Lantana (Participant) to allow for direct access to the County’s Public Safety Radio System (System) from October 22, 2019 through October 21, 2024. SUMMARY: This Agreement provides the terms and conditions under which the Participant can directly access the System.  This Agreement terminates and replaces the Interlocal Agreement (R2009-0559) between County and Participant amended by First Amendment R2013-0674, and by Second Amendment R2017-0640. The terms of this Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. The Participant has been interoperable with the County’s System since 2005.  The annual fees are consistent with those being charged to the County Departments.  In addition, the Participant is required to pay all costs associated with Participant’s subscriber units and to comply with the established operating procedures for the 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 on October 1st of any year, with a minimum of six months’ notice. (ESS) Countywide (LDC)

 

6.         Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Village of North Palm Beach (Municipality), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the Municipality retroactively from October 6, 2019 through October 5, 2024. SUMMARY: This Agreement provides the terms and conditions under which the Municipality can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications.  This Agreement is intended to replace the Interlocal Agreement (R2009-1172) between County and Municipality, amended by First Amendment R2014-1525, 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 Municipality. 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 Municipality is required to pay all costs associated with the Municipality’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)

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to approve: an Amended and Restated Agreement (Agreement) with the Town of Ocean Ridge (Participant) to allow for direct access to the County’s Public Safety Radio System (System) from October 22, 2019 through October 21, 2024.  SUMMARY:  This Agreement provides the terms and conditions under which the Participant can directly access the System.  This Agreement terminates and replaces the Interlocal Agreement (R2017-1312) between County and Participant. The terms of this Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. The Participant has been interoperable with the County’s System since 2008.  The annual fees are consistent with those being charged to the County Departments.  In addition, the Participant is required to pay all costs associated with Participant’s subscriber units and to comply with the established operating procedures for the 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 on October 1st of any year, with a minimum of six months’ notice. (ESS) Countywide (LDC)

 

8.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the Town of Loxahatchee Groves (Municipality), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the Municipality retroactively from July 20, 2019 through July 19, 2024. SUMMARY:  This Agreement provides the terms and conditions under which the Municipality can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications.  This Agreement is intended to replace the Interlocal Agreement (R2009-1172) between County and Municipality, amended by First Amendment R2014-0595, 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 Municipality. 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 Municipality is required to pay all costs associated with the Municipality’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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         Staff recommends motion to approve:

 

A)  a Utility Easement Agreement in favor of Florida Power & Light (FPL) for electrical service to the Wake Board Sports Concession (Concession) at Okeeheelee Park; and

 

B) a Declaration of Easement for Palm Beach County Water Utilities Department (WUD) to provide utility services to the Concession at Okeeheelee Park.

 

SUMMARY:  Okeeheelee Park is located on the north side of Forest Hill Boulevard just east of the Florida Turnpike. On March 22, 2016, the Board approved a Concessionaire Service Agreement (R2016-0397) with JR Wake Parks, LLC, dba APEX Wake Parks (APEX) for the operation of a cable wake board and water sports concession on an interior lake within Okeeheelee Park.  Both FPL and WUD are providing utility services to support these facilities.  The Utility Easement in favor of FPL is for the installation and maintenance of underground power lines and a pad mounted transformer. The Declaration of Easement is for water/sewer services to the Concession area. The FPL easement area encompasses 6,039 square feet, varies in width from 15 feet wide to 20 feet wide, and on its centerline runs approximately 381 feet in length.  The Declaration of Easement area is 20 feet wide, runs approximately 563 feet on its centerline and contains an area of 10,670.22 square feet.  Both the Utility Easement and Declaration of Easement are perpetual easements being granted at no charge since they provide services only to the Concession.  Both easements will be recorded in the public records of Palm Beach County. (Property & Real Estate Management) District 2 (HJF)

 

10.       Staff recommends motion to approve:  annual contract with the following contractor for electrical services on an as-needed basis through November 17, 2019:

 

Contractor                                        Status                                   SBE or Non-SBE

Protect Video, Inc.                           Local                                      SBE

 

SUMMARY:  On November 18, 2014, the Board approved the annual electrical contract.  The work consists of electrical system and component installations, upgrades, replacements, modifications and repair.  This contractor now join the list of seven already prequalified contractors for a total of eight with a contract expiration date of November 17, 2019.  Firms may become pre-qualified and join the bidding pool at any time during the term.  These are indefinite-quantity contracts with a cumulative maximum value of $1,000,000 across all pre-qualified contractors.  Work is to be awarded as work orders on a lump sum, competitively bid.  Contractors are allowed to qualify at any time and be added to this contract.  Projects $75,000 and over are advertised on the vendor self-service website while projects $200,000 and over are also advertised in the newspaper. Projects under $75,000 are bid among the pool of pre-qualified contractors (currently five have pre-qualified) and for projects over $75,000, the bidding pool is expanded to include any additional bidders responding to the specific project advertisement that submit a qualification application at least ten days before the bid due date. Since the beginning of these annual contracts, the County awarded $892,577 in work orders.  These annual contracts were presented to the Goal Setting Committee on January 2, 2019 and the Committee established an Affirmative Procurement Initiative of Small Business Enterprise (SBE) Price Preference. SBE actual participation will be identified on each work order, and will be tracked cumulatively for each work order issued.  Current cumulative SBE participation for all work orders to-date is 67.43%. (Capital Improvements) Countywide (LDC) 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

11.     Staff recommends motion to approve:

 

A) a budget transfer of $876,304 within the Fire Rescue MSTU Fund; and

 

B) Work order No. 19-067 to the annual minor construction contract with Andrea Construction Inc., (R2015-0157) in an amount of $796,640 for the Fire Rescue 911 Call Center (Call Center) Uninterrupted Power Supply (UPS) System Replacement project for a period of 120 days from notice to proceed or until project is complete.

 

SUMMARY:  The Fire Rescue Call Center resides in the Emergency Operations Center located at 20 South Military Trail in West Palm Beach. The Call Center currently has 12 consoles dedicated to emergency 911 call and dispatch operations. The increased call volume over the last several years has created a need to increase the existing quantity of 911 dispatch consoles from 12 to 20. The existing UPS System, that currently supports the Call Center, has been in operation since the building’s inception in 1999 and was designed to support the original programmatic needs of Fire Rescue at the time of construction. A UPS system provides for no interruption in power between a commercial power outage and the start-up of the emergency generator. The expanded quantity of dispatch consoles and electronic equipment needed to support the larger call volume has created a need to increase the UPS capacity and the rooms cooling capacity to support the added heat load. This Work Order will replace the 14 existing ferrups-type UPS systems with two 160kva/144kw UPS systems and add mechanical cooling to the room. The new modern technology UPS systems are being designed to meet the immediate and future needs to support the reliability requirements to the Call Center. This project was competitively advertised and new contractors were invited to participate in the project bid by submitting prequalification documents prior to submission of the bid response.  The minor construction contract was presented to the Goal Setting Committee on January 2, 2019 and a sheltered market for projects less than $100,000 Affirmative Procurement Initiative (API) was applied to the annual contract. Since this project was over $100,000, no API applied. Andrea Construction Inc., submitted 51.37% S/M/WBE participation on this work order. The overall participation on the annual minor contract is 56.55%. Funding for this project is from the Fire Rescue MSTU Fund. (Capital Improvements Division) District 2 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

12.     Staff recommends motion to approve: an increase in the maximum dollar value of the minor construction annual contracts by $1,500,000 for general construction services on an annual contract basis.  SUMMARY:  On February 3, 2015 (R2015-0155 through R2015-0168), the Board initially approved the annual minor construction contract for an initial term of one year, with four renewal options each for a period of one year, at the sole option of the County.  During the first four years of the contract, the County awarded $10,696,004.44 in work orders.  Staff is requesting the cumulative limit be increased by $1,500,000 for a total cumulative value of $12,000,000 in order to accommodate the current and anticipated new projects required to be accomplished before the term of this contract expires on February 2, 2020. Work is to be awarded as work orders on a lump sum, competitively bid basis. Contractors are allowed to qualify at any time and be added to the contract.  Projects $100,000 and over are advertised on Vendor Self Service (VSS) while projects $200,000 and over are advertised in the newspaper.  For projects under $100,000, the bid pool consists of the pre-qualified contractors.  For projects over $100,000, the bid pool is expanded to include any additional bidders responding to the specific project advertisement. The annual minor construction contract was presented to the Goal Setting Committee on January 2, 2019 where an Affirmative Procurement Initiative (API) of Sheltered Market for projects under $100,000 was applied to projects advertised under this contract from January 2 – October 2, 2019. On October 2, 2019, the minor construction contract was again presented to the GSC where the following API was applied: 1) Sheltered Market for projects under $100,000; 2) Price Preference for Single Trade projects over $100,000; and 3) 25% small business enterprise subcontracting goal for multi-trade projects over $100,000, which will apply to projects advertised under this contract between October 2, 2019 – February 2, 2020. S/M/WBE actual participation will be identified on each work order, and will be tracked cumulatively over all work orders issued. Current cumulative S/M/WBE participation for all work orders to-date is 56.55%. (Capital Improvements) Countywide (LDC) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 003 to an agreement (R2014-0820) with the City of Belle Glade to transfer Community Development Block Grant (CDBG) funds in the computer equipment account to the vehicle lease account.

 

SUMMARY: Staff recommends approval of Amendment No. 003 to the agreement (R2014-0820) with the City of Belle Glade.  On June 3, 2014, the County entered into an agreement (R2014-0820), as amended by Amendment No. 001 (R2015-1563) on November 3, 2015, and by Amendment No. 002 (R2017-1043) on August 15, 2017, with the City of Belle Glade to provide $70,263.68 in CDBG funding for the lease of three vehicles and the purchase of four iPads and their related accessories with internet service to be used for code enforcement activities.  The City has requested that $3,000 of the funds in the computer equipment account be transferred into the vehicle lease account to accommodate lease payments for the new vehicles recently leased.  These are Federal CDBG funds, which require no local match. District 6 (HJF)

 

2.         Staff recommends motion to receive and file: Amendment No. 1 to the Economic Development Incentive Agreement (Agreement) with Carrier Corporation (Carrier). SUMMARY: Staff recommends the Board of County Commissioners (BCC) receive and file Amendment No. 1 to the Agreement (R2019-0466) with Carrier.  On April 2, 2019, the BCC approved the Agreement to provide a cash grant in an amount not to exceed $70,000 and an ad valorem tax exemption in an amount not to exceed $650,000 over a six-year period.  At that time, the BCC also delegated authority to the County Administrator to execute future amendments to the Agreement in anticipation of the BCC’s April 16, 2019 action on Economic Development Incentive (EDI) Program policy recommendations. On April 16, 2019, the BCC approved modifications to the Agreement audit requirements. The modifications eliminated the County’s existing audit requirement and replaced it with the State audit to demonstrate a company’s compliance with number of new jobs created, existing and new jobs retained for a three-year job maintenance period and average annual wage for new jobs.  Amendment No. 1, executed by the County Administrator on September 6, 2019, incorporates the BCC approved EDI Program policies into the Agreement. In accordance with County PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. District 1 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to approve: a contract for Consulting/Professional Services with the Palm Beach County Black Business Investment Corporation (BBIC) in the amount of $54,000 for the period October 1, 2019 to September 30, 2020. SUMMARY: Staff recommends the Board of County Commissioners’ (BCC) approval of a contract for Consulting/Professional Services with BBIC.  On September 16, 2019, the BCC approved the Fiscal Year 2019-2020 Budget, which included an allocation of $54,000 for BBIC.  This Consulting/Professional Services contract will fund a portion of BBIC’s operational expenses for providing consulting and financial assistance to existing and start-up small businesses in Palm Beach County.  The BBIC is required to obtain four business loan approvals from financial institutions totaling at least $500,000, while serving 270 clients and creating/retaining 25 full-time equivalent jobs.  The BBIC, a non-profit organization, was formed in accordance with the Florida Small & Minority Business Act of 1985.  The major objectives of the BBIC are to provide financial resources to new and existing businesses, and to foster increased employment and social stability within the Black community.  The BBIC fills the gap between financial institutions and small businesses, providing services not offered by other agencies in Palm Beach County. These are County Ad Valorem funds. Countywide (DB)

 

4.         Staff recommends motion to receive and file: an agreement with the Business Loan Fund of the Palm Beaches, Inc. d/b/a Center for Enterprise Opportunity (CEO) for $80,000 under the Fiscal Year 2019-2020 Community Development Block Grant (CDBG) Program. SUMMARY: Staff recommends the Board of County Commissioners’ (BCC) receive and file an agreement with CEO. The attached document to the agenda item has been executed on behalf of the BCC by the Director of the Department of Housing and Economic Sustainability in accordance with Agenda Item 5A-3 as approved by the BCC on July 2, 2019. The agreement with CEO provides $80,000 in Fiscal Year 2019-2020 CDBG funds to provide technical assistance and business support services to small businesses and persons developing small businesses.  CEO is required to create a minimum of 5.5 full-time equivalent jobs countywide, conduct four business plan training seminars, close four credit builder loans/microloans and provide business and financial counseling to no less than 40 unduplicated clients.  Additionally, at least 51% of the jobs must be held by, or made available to, low and moderate income persons who must reside in the Palm Beach County CDBG jurisdiction during the term of the Agreement. CEO, a non-profit organization, will also provide loans for the establishment, stabilization, and expansion of small businesses. In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. These are Federal CDBG funds which do not require a local match. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

5.         Staff recommends motion to approve: an Interlocal Agreement with the Florida Atlantic Research and Development Authority (FARDA) in the amount of $200,000 for the period October 1, 2019 to September 30, 2020. SUMMARY: On September 16, 2019, the Board of County Commissioners’ (BCC) approved the Fiscal Year 2019-2010 Budget which included $200,000 for FARDA to fund FARDA’s operational expenses for the Technology Business Incubator (TBI) providing technical assistance and business support services to emerging technology companies. FARDA will be required to provide 15 internships through TBI and Research Park companies, create at least 15 new jobs, develop a soft landings center program and apply for the provisional soft landings center designation from the International Business Innovation Association. FARDA was formed in 1985 by Broward and Palm Beach Counties as a special district whose public purposes includes the development, operation, management and financing of research and development parks in affiliation with one or more institutions of higher education, organized under Part V Chapter 159 of the Florida Statutes.  FARDA brands itself as the Research Park at Florida Atlantic University (FAU) whose mission is to create and sustain the ideal environment for innovation and invention, maximizing the academic and entrepreneurial talent and regional resources in South Florida to accelerate economic development and prosperity.  In 2000, the Research Park created the TBI to develop a pipeline of companies that would remain in the Research Park and/or Palm Beach County over the long term.  FARDA currently serves all 38 companies located in the Research Park at FAU, including those in the Technology Business Incubator. All companies in the Research Park at FAU are required to have or develop a substantial relationship to FAU, involving students and/or faculty in order to increase research and development in the FAU community, leading to job creation and economic activity in the Research Park at FAU and beyond. These are County Ad Valorem funds. Countywide (DB)

 

6.         Staff recommends motion to receive and file: an agreement with the Center for Technology, Enterprise and Development, Inc. (TED Center) for $226,000 under the Fiscal Year 2019-2020 Community Development Block Grant (CDBG) Program. SUMMARY: Staff recommends the Board of County Commissioners’ (BCC) receive and file an Agreement with the TED Center. The attached document to this agenda item has been executed on behalf of the BCC by the Director of the Department of Housing and Economic Sustainability in accordance with Agenda Item 5A-3 as approved by the BCC on July 2, 2019. The agreement with TED Center provides $226,000 in Fiscal Year 2019-2020 CDBG funds to assist with operational expenses for the development and expansion of small businesses and microenterprises (defined as “commercial enterprises” that have five or fewer employees). The TED Center is required to create a minimum of 15 full-time equivalent jobs countywide, with a minimum of four of the newly created jobs being held by persons residing in the Glades area.  Additionally, at least 51% of the jobs must be held by, or made available to, low and moderate income persons who must reside in the Palm Beach County CDBG jurisdiction during the term of the agreement. The TED Center, a non-profit organization, is a business incubator with associated programs and services designed to improve the viability and strength of microenterprises and small businesses.  In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. These are Federal CDBG funds, which do not require a local match. Countywide (DB)

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

7.         Staff recommends motion to approve: an agreement with the Florida Atlantic University Board of Trustees (FAU) in the amount of $50,000 for the period October 1, 2019 to September 30, 2020. SUMMARY: Staff recommends the Board of County Commissioners’ (BCC) approval of an Agreement with FAU.  On September 16, 2019, the BCC approved the Fiscal Year 2019-2020 Budget, which included an allocation of $50,000 to FAU for the FAU Tech Runway (FAUTR) project.  FAUTR consists of a 28,000 square-foot facility that provides incubator workspace at the Florida Atlantic University Boca Raton Campus, and also provides mentoring, education seed grants, and introductions to investors to aid entrepreneurs and small developing companies that create jobs and provide internships to Florida Atlantic University students.  This agreement will fund FAUTR with operational expenses in order to expand its services in northern Palm Beach County supporting Technology, Life Science and Neuroscience efforts at the FAU Jupiter campus.  FAU will also be required to host at least two educational seminars for entrepreneurs, provide ten internships, arrange two introductory meetings between potential angel/venture capital investment funds to small developing companies, and create at least five new jobs.  All companies assisted through these funds are required to have or develop a substantial relationship to FAU, involving students and/or faculty, which leads to job creation and economic activity at FAU and in Palm Beach County. These are County Ad Valorem funds. Countywide (DB)

 

8.         Staff recommends motion to approve:

 

A) a revised Contract for Sale and Purchase form for use in the sale of workforce housing units acquired by the County in Silverwood Estates; and

 

B) delegated authority to the County Administrator or designee to make modifications to the Contract for Sale and Purchase form including final sales price.

 

SUMMARY: Staff recommends the Board of County Commissioners’ (BCC) approval of a revised Contract for Sale and Purchase form, and also providing for delegation of authority to make modifications to the form, for use in the sale of workforce housing units acquired by the County in Silverwood Estates.  On September 10, 2019 (Agenda Item 5B-3), the BCC approved a Contract for Sale and Purchase form for this purpose. Revisions to the document have become necessary to preserve the 15-year compliance period and any discounts to the sale price as provided in the Workforce Housing Program (WHP) Financial Assistance Strategy. In June 2019, the County acquired six units from Lennar Homes, LLC, in the Silverwood Estates development, and is currently in the process of selling those units to qualified buyers as part of the WHP.  If approved, this revised sales contract form will be used as the agreement for those sales.  The funds received by the County resulting from the sale of these units will be returned to the Workforce Housing Trust Fund.  In compliance with the Property & Real Estate Management (PREM) Division Ordinance, approval of this item requires a super-majority vote (5 Commissioners). Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING 

 

1.         Staff recommends motion to approve: an Interlocal Agreement with the Village of Palm Springs providing for the annexation of one enclave generally located on the west side of Davis Road, south of Lake Worth Road. SUMMARY: The Village of Palm Springs has identified the enclave as eligible for annexation pursuant to Section 171.046, Florida Statutes (F.S.). On December 21, 2017, the Village of Palm Springs adopted Resolution No. 2017-49 to petition the County to enter into an Interlocal Agreement for the annexation of one enclave consisting of two parcels totaling 1.91 acres, as identified in Exhibit A of the Interlocal Agreement. The annexation has been processed through the County’s review departments, including Fire Rescue; Engineering; Planning, Zoning & Building; Environmental Resources Management; Parks and Recreation; Water Utilities; County Attorney; Property and Real Estate Management; Sheriff's Office; and the Office of Financial Management and Budget. The proposed annexation was previously scheduled for the Board of County Commissioners (BCC) meeting on January 23, 2018, but was removed per the Village request. On January 10, 2018, Village staff resubmitted the proposed annexation as voluntary, therefore eliminating the need for an enclave interlocal. However, the Village did not take action regarding the proposed voluntary annexation. Subsequent to discussion between Village and County staff, the Village provided the County a letter requesting that the enclave interlocal agreement be scheduled again for BCC consideration. The Village provided written notice to all owners of real property located within the enclave. The proposed annexation meets the requirements of Chapter 171, F.S., and is consistent with the Intergovernmental Coordination Element of the County’s Comprehensive Plan. District 3 (RPB)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 12 (CSA) to the contract for Consulting/Professional Services for Water Treatment and Water Resources Engineering Services (Contract) with Kimley-Horn and Associates, Inc., (Consultant) for the Water Treatment Plant No. 11 (WTP 11) High Service Pump Station Electrical Building Improvements (Project) Construction Phase Services for a not to exceed amount of $300,000. SUMMARY:  On July 11, 2017, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Contract (R2017-0903) with Consultant.  CSA No. 12 provides for construction phase services for the Project. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity (EBO) Ordinance on October 16, 2018. The SBE participation goal established by the 2002 SBE Ordinance was 15% overall participation. The Contract provides for 28% SBE participation which includes 7% Minority/Women Business Enterprise (M/WBE) participation. CSA No. 12 includes 60% SBE participation all of which is MBE (O) participation. The cumulative SBE and M/WBE participation is 32.22% and 16.64% respectively.  Consultant is headquartered in Raleigh, North Carolina but maintains an office in Palm Beach County from which the majority of the work will be undertaken.  The Project is included in the WUD FY20 budget. (WUD Project No. 18-005) District 6 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: Work Authorization (WA) No. 15 to the Pipeline Continuing Construction Contract 2017 (Contract) with Hinterland Group Inc., (Hinterland) for the Barfield Highway from Pelican River to East 7th Street, Pahokee; Water Main Replacement (Project) in the amount of $262,482.02. SUMMARY: On January 10, 2017, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Contract (R2017-0072) with Hinterland. WA No. 15 provides for the installation of approximately 1,300 linear feet of 8-inch water main, seven water service and connections along East 7th Street in Pahokee. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new 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 15% SBE participation. WA No. 15 includes 100% SBE participation. The cumulative SBE participation including WA No. 15 is 100%. Hinterland is a Palm Beach County company. The Project is included in the WUD FY20 budget. (WUD Project No. 17-060) District 6 (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) approve a State of Florida, Florida Fish and Wildlife Conservation Commission (FWC) Agreement No. 19044 (Agreement) to provide up to $60,000 of State funding (CSFA 77-007) for the construction of the Palm Beach County Artificial Reef Construction 2019-2020 (Project), expiring August 31, 2020;

 

B)  adopt a resolution authorizing the Clerk of the Court to disburse $80,000 from the Saltwater Vessel Registration Fee Trust Fund to provide matching funding for the Project, including $20,000 for contingencies;

 

C) approve a budget amendment of $60,000 in the Environmental Enhancement Saltwater Fund, including a transfer from the Saltwater Vessel Registration Fee Trust Fund of $80,000 for a total of $140,000 in funding for the Project; and

 

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

 

SUMMARY:  The Agreement reimburses the County up to $60,000 for the placement of a minimum of 645 tons of limestone boulders at Palm Beach Mid-Depth Artificial Reef Site.  The estimated total project cost is $120,000.  The resolution and budget transfer from the Saltwater Vessel Registration Fee Trust Fund, a non-ad valorem source, will cover the County’s $80,000 cost including a $20,000 contingency and the 50% cost share of $60,000. District 1 (SS)

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

2.         Staff recommends motion to:

 

A) approve a Federally-Funded Subaward and Grant Agreement (Agreement) with the Federal Emergency Management Agency (FEMA) Hazardous Mitigation Grant Program (HMGP) 4283-26-R (Contract) through the State of Florida, Division of Emergency Management (FDEM) for Wildfire Mitigation (Project) for an amount not to exceed $562,500, expiring March 31, 2021;

 

B) approve a budget amendment of $562,500 in the Department of Environmental Resources Management (ERM) Natural Areas Fund (1226) to recognize the grant from FDEM; and

 

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

 

SUMMARY: The HMGP application was approved by the Board of County Commissioners on April 4, 2017 (R2017-0463).  HMGP administered by FDEM provides funding from FEMA to mitigate risks from natural hazards such as wildfire. The Agreement will reimburse Palm Beach County (County) up to $562,500 for mechanical chopping/shredding of vegetation to reduce highly flammable fuel loads of saw palmetto and other shrubs that have encroached and increased in size and density on County owned natural areas. The County will utilize specialized equipment to reduce overgrown vegetation to mitigate the risk of wildfire and to allow for lower fire intensity during prescribed burns.  Once the fuels are reduced, the threat of a wildfire is significantly reduced. The expected $750,000 total project cost will be shared by FDEM (75%) and County (25%). The County has a required match of $187,500, which will be achieved using a combination of in-kind services ($93,750) and funds from the Natural Areas Fund ($93,750). The Agreement will become effective upon execution by FDEM, and will expire on March 31, 2021. Districts 1,3,4,6 & 7 (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:

 

A) ratify the Mayor’s signature on a grant application to the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Formula Federal FY19 (County FY20) Direct Grant (JAGD) in the amount of $141,531 beginning October 1, 2019 through September 30, 2020 with $137,285 going to the Palm Beach County Reentry Program and $4,246 going to the Palm Beach County Sheriff’s Office (PBSO) to become NIBRS (National Incident-Based Reporting System) compliant pursuant to a special condition of this grant; and

 

B) authorize the County Administrator or designee to execute the grant award, amendments, documents, and electronic grant reporting forms, related to this grant, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budget allocations.

 

SUMMARY: Palm Beach County was allocated $141,531 in Federal FY19 (County FY20) funds as part of the JAG Direct Program (CFDA#16.738) for expenditure during the period October 1, 2019 through September 30, 2020. The Criminal Justice Commission (CJC) approved recommendations made by the CJC’s Finance Committee to allocate these funds to the existing Palm Beach County Reentry Program. This award will provide $137,285 continuation funding to the Reentry Program. The program provides transitional services to juveniles and adults reentering society from jail and prison. Pursuant to a special condition of this grant, $4,246 will be transferred to PBSO to become NIBRS compliant. In 2016, the FBI formally announced its intention to sunset the Uniform Crime Reporting (UCR) Program’s traditional Summary Reporting System and replace it with the UCR Program’s NIBRS by January 1, 2021. The FBI intends for NIBRS to be the law enforcement crime data-reporting standard for the nation. Currently all municipalities and PBSO report crime under the FBI’s UCR Program to the Florida Department of Law Enforcement (FDLE) which is designated by the FBI as Florida’s Statistical Analysis Center. FDLE is currently working on NIBRS compliance requirements to be promulgated to municipal police departments and sheriff’s offices in Florida. The emergency procedure, pursuant to Palm Beach County Administrative Code, Section 309, was used because of the limited time for submission of the grant application following the funding announcement. No local match is required for this grant. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

2.         Staff recommends motion to receive and file: Grant Adjustment Notice (GAN) number one for the Federal Fiscal Year 2017 (County FY18) Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant (JAG) Program (2019-JAGC-PALM-1-N2-143) for the term of October 1, 2017 through September 30, 2019 to provide an extension of the grant period to September 30, 2020. SUMMARY: Palm Beach County was allocated $322,513 in Federal FY17 (County FY18) as part of the FDLE JAG Program (2019-JAGC-PALM-1-N2-143), (catalog #16.738) for the Reentry Program. GAN 1 for this grant provides for an extension from September 30, 2019 to September 30, 2020 to fully expend the funds. GAN 1 was approved by FDLE on September 4, 2019. This grant retroactively compensates the County for program expenditures during County fiscal years 2018, 2019 and 2020. The JAG funds were held nationwide until June 26, 2018 due to a federal lawsuit. The Board of County Commissioners (the Board) at their March 13, 2018 meeting, in item 5E-1, approved continuation of the Reentry Program pending resolution of federal litigation and subsequent release of JAG allocations. On June 20, 2019, the CJC was notified by FDLE that the pending application, previously approved by the Board on January 15, 2019 (R2019-0125), was awarded. The award delay resulted in the need to adjust the budget thereby creating excess funds and the need for extensions into fiscal years 2019 and 2020 to fully expend the funds. This GAN was executed on behalf of the Board by the Executive Director of the Criminal Justice Commission, in accordance with R2019-1196. No County matching funds are required for this grant.  Countywide (LDC)

 

 

            T.        HEALTH DEPARTMENT

 

1.         Staff recommends motion to adopt: approve: a resolution effecting  the transfer and donation of 11 SPOT Vision Screeners (Vision Testers) along with the title transfer from Florida Department of Health Palm Beach County (FDOHPBC) fixed assets inventory to the Health Care District of Palm Beach County (HCD) for use by the HCD School Health Division. SUMMARY: FDOHPBC is requesting approval to transfer and donate fixed assets. Palm Beach County’s Fixed Assets Office requires BCC approval to remove these assets from the FDOHPBC fixed asset inventory. The acquisition cost of these items was $75,810 and the remaining book value of these items totals $0 in accordance with values based on FDOHPBC and Palm Beach County depreciation schedule as of August 2, 2019. Countywide (HH)

 

 

V.        TRANSPORTATION PLANNING AGENCY

 

1.         Staff recommends motion to approve: a second amendment to the Interlocal Agreement for Staff and Services (Agreement) between the Transportation Planning Agency (TPA) and the Board of County Commissioners (BCC) delineating the final transition terms from a county hosted to independent. SUMMARY:   On April 16, 2019, the BCC received and filed an extension to the Agreement by the TPA that allows the continuation of the terms for one additional year. The terms of the original agreement allow for the continuation of employment of TPA staff as county employees and provides for the use of county office space, equipment and services.  As County staff and the TPA continue to facilitate the transition of the TPA to an independent agency, TPA staff have moved from county staff to TPA staff as of September 27, 2019. The TPA anticipates the move in date to the new facility is likely to occur no later than the end of November 2019.  The terms of the Second Amendment to the Agreement delineate the transition date of employment for TPA staff and creates revised terms for the use of county office space, equipment and services. Countywide (DR)

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY

 

1.         Staff recommends a motion to ratify: 

 

1) a Bill of Sale to Retirement Home for Horses, Inc., a Florida not-for-profit corporation;

 

2) a contract for Surrender & Ownership Transfer to Southwest Florida Horse Rescue, Inc.; and

 

3) a Release of Horse to Equine Rescue & Adoption Foundation, Inc.

 

SUMMARY:  Recently, the County was awarded ownership of 15 horses and has placed a number of the horses with rescues throughout the State of Florida.  Several of the rescues that agreed to adopt horses required the County to sign paperwork transferring ownership to the rescue before the horses could be transferred.  In order to expedite the transfer of the horses, the contracts were signed and are being brought

back to the Board of County Commissioners for ratification. Countywide (SF)

 

2.         Staff recommends motion to receive and file: Amendment 5 to Contract 16TFGR26 with the Florida Council Against Sexual Violence (FCASV) for the period July 1, 2019 through June 30, 2020 to revise the original community assessment requirements. SUMMARY:  The Division of Victim Services was awarded an annual grant from FCASV. The funds are used to support and provide sexual assault recovery services to primary and secondary victims.  Amendment 5 to Contract 16TFGR26 (R2016-1195, CSFA 64.061 and CSFA 64.069) replaces the original community needs assessment requirements. The sexual assault community assessments will now become a multi-year project, with the following focused requirements during the 2019-2020 term. During the first quarter (July-September), the provider will identify the social service providers, healthcare providers, and faith community members intended to participate in focus group meetings. During the second quarter (October-December), the provider will draft and send invitations to the identified social service providers, healthcare providers and faith community members. During the third and fourth quarters (January-March and April-June), the provider will schedule and conduct one focus group each quarter. Attachment I, Section C.4.b.3 is revised to require submission of the Community Assessment Report to the Council by the 15th of the month following each quarter, instead of the 10th of the month following each quarter. R2006-0095 authorized the County Administrator or designee to execute FCASV grant contracts on behalf of the County.  No County matching funds are required. Countywide (SF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

3.         Staff recommends motion to approve: a contract for Consulting/Professional Services with Compass, Inc., for the period retroactive to August 1, 2019 through July 31, 2021 for a not-to-exceed contract amount of $11,760 to provide outreach to the Lesbian, Gay, Bisexual, Transgender, Questioning (LGBTQ+) community. SUMMARY: Palm Beach County Division of Victim Services (DVS) was awarded a Sexual Assault Services Program (SASP) Formula Grant, Contract #18SAS26, (R2018-1814) from the Florida Council Against Sexual Violence (FCASV).  This is the second year of the three-year grant with a total allocation amount of $202,789.  To assist in meeting the requirements of the grant with FCASV, Compass, Inc. will collaborate with the DVS to increase awareness and accessibility of victim services within the LGBTQ+ communities by enhancing outreach. Compass, Inc. will assign staff to dedicate a minimum of 20 hours per month and a minimum of 111.25 hours per quarter  to collaborate with DVS to assist in the development and implementation of a geo-fencing advertising campaign, provide sexual assault needs assessment to clients referred by the various agency partners and refer to DVS,  participate in tabling events, other outreach events, and large events such as Palm Beach Pride, Red Hat Brunch, the Women’s Wellness Conference, Transgender Day of Remembrance, promote DVS on the Compass, Inc. website and other social media platforms, and assess for sexual assault related issues when fielding phone calls and engaging walk-ins at the Compass Community Center and refer to DVS. Compass, Inc. will also participate in support groups at least once per month to discuss and promote sexual assault services, attend the Sexual Assault Response Team and Community Action Network monthly meetings, participate in the Sexual Assault Coordinating Council meetings, and report the above activities on a quarterly basis to the DVS and Certified Rape Crisis Center. The previous contract with Compass ended July 31, 2019. This contract is retroactive to August 1, 2019 due to the annual funding being awarded later than anticipated. Countywide (SF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

4.         Staff recommends motion to:

 

A) receive and file executed Amendment 4 for subcontract #16TFGR26 with the Florida Council Against Sexual Violence (FCASV) in the amount of $619,318 to define tasks and deliverables for the period of July 1, 2019 through June 30, 2020, to provide sexual assault recovery services;

 

B) receive and file Subcontract #19OAG26 with FCASV for the period July 1, 2019 through June 30, 2020, to receive grant funding in the amount of $19,756 to provide sexual assault recovery services; and

 

C) approve a budget amendment of $132,426 in the Public Safety Grants Fund to adjust the budget to the actual grant awards.

 

SUMMARY:  These are annual grants that are awarded to the Palm Beach County Division of Victim Services (PBCDVS). The funds are used to support and enhance sexual assault recovery services to primary and secondary victims.  Amendment 4 to subcontract #16TFGR26 (R2016-1195,CSFA 64.061 and CSFA 64.069) revises the contract amount to $619,318, which is inclusive of the $463,460 allocation received in the previous three grant periods and $155,858 allocated for this grant period, defines tasks and deliverables such as client eligibility, services including a 24-hour helpline, information and referral, crisis intervention, advocacy, accompaniment, community awareness, system coordination, support/personal growth groups, therapy, and documentation thereof. Funds are used to cover a Victim Advocate and Sexual Assault Outreach Coordinator.  Subcontract #19OAG26 (R2016-1197,CSFA No. 41.010) funds a portion of the salary and benefits for a Sexual Assault Care Coordinator who specializes in follow up care to victims of sexual assault, such as medical and social service appointments. If grant funding ceases, the positions associated with these grants will be deleted from the Victim Services complement. R2006-0095 authorized the County Administrator or designee to execute FCASV grant contracts on behalf of the County.  No County matching funds are required. Countywide (SF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file:

 

A) Amendment No. 2 to the Behavioral Health Cooperative Agreement (R2017-1608) (Amendment No. 2) with the School Board of Palm Beach County, Florida to provide school based therapeutic services to students enrolled in public schools in Palm Beach County, and their families, for the period July 1, 2019 through June 30, 2020, with no additional cost to the County; and

 

B) Amendment No. 1 to Addendum Concerning Student Information (R2017-1608) with the School Board modifying Youth Services’ access to the student identifiable information for the period July 1, 2019 through June 30, 2020, with no additional cost to the County.

 

SUMMARY: In October 2017, the Board of County Commissioners (Board) received and filed the Behavioral Health Cooperative Agreement and Contract/Agreement Addendum Concerning Student Information (Agreement) with the School Board of Palm Beach County, Florida. In August 2018, the Board received and filed Amendment No. 1 to the Agreement, which extended the term for an additional year to June 30, 2019. Amendment No. 2 to the Behavioral Health Cooperative Agreement extends the term one (1) additional year to June 30, 2020. Amendment No. 1 to Addendum Concerning Student Information extends County’s access to the student identifiable information to June 30, 2020. On June 5, 2001, R2001-0892 authorized the County Administrator or designee to execute future standard Cooperative Agreements with the School Board on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations.  Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     OFFICE OF EQUAL OPPORTUNITY

 

1.         Staff recommends motion to approve: the contracts for the Handicap Accessibility and Awareness Grant Program with the following non-profit agencies, for the period October 22, 2019 through September 30, 2020, in a total amount not to exceed $30,000 for services.

 

A) The ARC of Palm Beach County, Inc. funds will be used to improve accessibility and equal opportunity and promote awareness of the rights and ambitions of persons with disabilities through an awareness program targeting local businesses, employers and community leaders, including Business Leader Breakfasts, Job-a-palooza, a career exploration event aimed at transition age teens with and without disabilities, and an interactive job fair for adults with disabilities seeking to enter the workforce, in an amount not to exceed $4,875;

 

B) Best Buddies International, Inc. funds will be used to sustain current school chapters and continue to promote one-to-one friendships between students with and without intellectual and developmental disabilities (IDD) and develop social skills that will aid in future employment, independence and integration into society post-graduation, in an amount not to exceed $3,500;

 

C) Easter Seals of Florida, Inc. funds will be used to market a 12 week skills training course which assists individuals with disabilities or other special needs for work in the hospitality field, in an amount not to exceed $3,500;

 

D) Florida Outreach Center for the Blind, Inc. funds will be used to purchase office equipment to increase the safety of students, staff, visitors and volunteers, as well as ensure that sensitive student information and supplies are secure, in an amount not to exceed $10,000;

 

E) Jeff Industries, Inc. funds will be used to purchase computer equipment to be used by persons with chronic mental illnesses with co-occurring disorders and residual substance abuse transition from temporary housing to permanent affordable housing, learn employment skills, apply for benefits and complete on-line job applications. The goal is to attain self-sufficiency which will result in enhanced recovery and individual progress, in an amount not to exceed $2,000; and

 

F) Sea Turtle Adventures, Incorporated funds will be used to purchase a motorized beach wheelchair, which would allow for full participation and inclusion by adults with disabilities in beach cleanups, beach-combing events, shorebird observations, mangrove cleanups, and sea turtle related experiences and in programs offered to partner agencies, in an amount not to exceed $6,125.

 

SUMMARY: The Handicap Accessibility and Awareness Grant Program, which derived funds from fines collected from parking violations in designated handicap parking spaces, was discontinued by the State of Florida in 2005 and absorbed into the County’s General Fund on October 1, 2017. On July 2, 2019, the BCC adopted Ordinance 2019-027, which included a provision for the Fair Housing Board to review proposals and make recommendations on the award of the program’s budgeted grant funds. Through a competitive application process, the Fair Housing Board reviewed responsive proposals submitted by non-profit agencies in conformance with the Ordinance and established program guidelines to support the recommendation to fund the agencies listed above. Funding for the Program was approved in the FY 2020 budget. Countywide (DO)

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     COMMISSION ON ETHICS

 

1.         Staff recommends motion to approve: a Memorandum of Understanding (MOU) with the Delray Beach Community Redevelopment Agency and Palm Beach County to engage the services of the Palm Beach County Commission on Ethics retroactive and in effect from January 13, 2019 through September 30, 2022. SUMMARY: The Delray Beach Community Redevelopment Agency (Delray Beach CRA) agreed to subject itself to the jurisdiction and authority of the Commission on Ethics and its Executive Director. This MOU identifies the roles and responsibilities of the Commission on Ethics and the Delray Beach CRA in implementing the Palm Beach County Code of Ethics, and establishes a schedule of fees to be paid by the Agency to the County in exchange for services. As required by the Commission on Ethics Ordinance, all fees paid under this agreement must be used to fund the Commission on Ethics’ operations. The MOU is subject to final approval of the Board of County Commissioners. Districts 4 & 7 (LDC)

 

 

EE.      TOURIST DEVELOPMENT COUNCIL/CULTURAL COUNCIL

 

1.         Staff recommends motion to approve: an agreement with the Cultural Council of Palm Beach County, Inc., in the amount of $250,000 to authorize the Cultural Council to award grants for Category C – Level 1 (Small and Emerging Organizations, Children’s and Multicultural projects) grants and be reimbursed for administration costs of the grants for the period beginning on October 1, 2019 and continuing through September 30, 2020. SUMMARY: The County shall provide an amount of $212,500 to fund Category C-Level l (Small and Emerging Organizations, Children’s and Multicultural projects) of non-profit organizations pursuant to a process approved by County and administered by the Cultural Council of Palm Beach County, Inc. (Council). The amount of $37,500 is allocated to the Council to fund the administration of the grant program. Countywide (LDC)

 

 

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


OCTOBER 22, 2019

 

 

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

 

            A.        WATER UTILITIES

 

1.         Staff recommends motion to:

 

A) adopt an ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending section 27-161, “Liens of Assessments”, of Chapter 27, Article VIII of the Palm Beach County Code, the “Potable Water, Wastewater, and Reclaimed Water Special Assessment Ordinance”; providing for laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date; and

 

B) approve a resolution of the Board of County Commissioners of Palm Beach County, Florida, amending Resolution R2005-0588, as amended by Resolution R2008-2085; pertaining to the Special Assessment Project for the Atlantic Avenue and State Road 7 Area Wastewater Force Main Extension Project.

 

SUMMARY: The Potable Water, Wastewater, and Reclaimed Water Special Assessment Ordinance (Ordinance) provides for the levying of assessments and associated liens upon properties that will specially benefit from the construction or reconstruction of potable water, wastewater, and/or reclaimed water facilities.  The Board of County Commissioners (Board) has approved certain assessment projects, allowing assessment liens to be paid in not more than 20 equal annual installments. It was recently discovered that, based on an unintended re-amortization of remaining assessment amounts for certain property owners (Affected Owners) in an existing assessment project, the Affected Owners’ annual installment payment amounts had been reduced below the original annual installment payment amount. This re-amortization has resulted in the Affected Owners not being on schedule to pay off their assessment liens in 20 equal annual installments, which is the maximum number of annual installments currently permitted by the Ordinance.  In order to pay off the assessment lien in 20 annual installments, each Affected Owners’ annual installment payment amount would need to be increased beyond the original annual installment payment amount provided to each Affected Owner at the time of the placement of the assessment lien.  Such an increase to the annual installment payment amounts may cause financial hardship to the Affected Owners.  The amendment to the ordinance will allow the Board, upon good cause shown, to approve a resolution directing that a lien(s) may be made payable in more than 20 annual installments, which may not be equal and which may bear a fluctuating interest rate. Any such resolutions shall be limited to address procedural irregularities in the collection process, which irregularity is not the fault of the property owner.  The amended resolution for the Atlantic Avenue and State Road 7 Area Wastewater Force Main Extension Project will allow the Affected Owners within that project to elect to extend their payment schedules from 20 to 25 years. Countywide (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

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

 

B.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to:

 

A) adopt an ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending section 26-30.5, “Priority of Lien, Interest, and Method of Payment of Special Assessments”, of Chapter 26, Article II of the Palm Beach County Code, the Municipal Service Taxing Unit (MSTU) Special Assessment Ordinance”; providing for laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date;

 

B) approve a resolution amending Resolution R2019-0935; pertaining to the MSTU special assessment for Cinquez Park Area Paving and Drainage Improvement Project; 

C) approve a resolution amending Resolution R2013-0232; pertaining to the MSTU special assessment for Cinquez Park Area Potable Water Improvement Project; and

 

D) approve a resolution amending Resolution R2016-1572; pertaining to the MSTU special assessment for Chase Court, Dixie Lane, Dryden Road and Arlington Drive Paving and Drainage Improvement Project (collectively Improvement Projects).

 

Summary: The MSTU Special Assessment Ordinance (Ordinance) provides for the levying of assessments and associated liens upon properties that will specially benefit from the construction of street improvements and related projects.  The Board of County Commissioners (BCC) has approved certain assessment projects, allowing assessment liens to be paid in not more than 20 equal annual installments. It was recently discovered that, based on an unintended re-amortization of remaining assessment amounts for certain property owners (Affected Owners) in existing assessment projects, the Affected Owners’ annual installment payment amounts had been reduced below the original annual installment payment amount. This re-amortization has resulted in the Affected Owners not being on schedule to pay off their assessment liens in 20 equal annual installments, which is the maximum number of annual installments currently permitted by the Ordinance. In order to pay off the assessment lien in 20 annual installments, each Affected Owners’ annual installment payment amount would need to be increased beyond the original annual installment payment amount provided to each Affected Owner at the time of the placement of the assessment lien. Such an increase to the annual installment payment amounts may cause financial hardship to the Affected Owners. The amendment to the Ordinance will allow the BCC, upon good cause shown, to approve a resolution directing that a lien(s) may be made payable in more than 20 annual installments, which may not be equal and which may bear a fluctuating interest rate. Any such resolutions shall be limited to address procedural irregularities in the collection process, which irregularity is not the fault of the property owner. The amended resolutions for the Improvement Projects will allow the Affected Owners within those projects to elect to extend their payment schedules from 20 to 25 years. Countywide (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

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

 

B.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

2.         Staff recommends motion to:

 

A) reserve a utility easement for Palm Beach County over a 1,273-foot long portion of the right-of-way (ROW) of Myers Road, also known as 52nd Drive South, variable in width, dedicated in Deed Book 1088, Page 518 and all of Tract “E” Colony at Lake Worth PUD, according to the plat thereof as recorded in Plat Book 113, Pages 69 through 72 (abandonment site), Public Records of Palm Beach County (County); and

 

B) adopt a resolution abandoning any public interest in the abandonment site.

 

SUMMARY: Adoption of this resolution will eliminate the public dedication that is in conflict with the future plans of the American German Club, Incorporated (Petitioner). The abandonment site is located west of Haverhill Road, between Lantana Road and Nash 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. Reservation of the utility easement will allow existing Palm Beach County Water Utilities Department facilities to remain. District 2 (YBH)

 

3.         Staff recommends motion to adopt: a resolution abandoning any public interest in the north 15-feet of a 1,284-foot long portion of the 30-foot wide right-of-way (ROW) lying south of Tracts 11 and 12, Block 28, Palm Beach Farms Company Plat No. 3, according to the plat thereof, as recorded in Plat Book 2, Pages 45 through 54, and the plat of Gulfstream Preserve, according to the plat thereof, as recorded in Plat Book 118, Pages 185 through 192 (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 development plans by Mattamy Palm Beach, LLC (Petitioner).  The abandonment site is located ¼ mile south of Lake Worth Road and west of Polo Road. 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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

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

 

C.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends a motion to conduct: a public hearing as required by the Brownfields Redevelopment Act (the Act) set forth in Sections 376.77-376.86, Florida Statutes, designating the real property located at 22866-22508 SW 65th Avenue within unincorporated Palm Beach County, Florida, 33428, further identified by Property Control Numbers 00-42-47-30-02-002-0000 and 00-42-43-27-05-081-0371 (the Subject Property), as a Brownfield Area to be known as the Residences at Boca Dunes Green Reuse Area, pursuant to Section 376.80 (2)(c), Florida Statutes, for the purpose of rehabilitation, job creation and promoting economic development; providing an effective date; and for other purposes. SUMMARY: On September 10, 2019, the Board of County Commissioners (BCC) approved two motions related to the Subject Property: 1) a waiver of the statutory requirement that one of the two public hearings to be held after 5:00 p.m.; and 2) advertising of public hearings on Tuesday, October 22, 2019, at 9:30 a.m. and November 19, 2019, at 9:30 am.  On August 1, 2019, Richman Boca Dunes Development Partners, LLC and Richman Boca Dunes Development Partners II, LLC, Florida Limited Liability Companies (collectively Boca Dunes) submitted a request to Palm Beach County’s Department of Housing and Economic Sustainability to designate the Subject Property as a Brownfield Area.  Boca Dunes is owner of the Subject Property and has control thereover as confirmed by the two warranty deeds attached. Boca Dunes plans to develop the Subject Property as a residential community, which the Palm Beach County Planning and Zoning Divisions have confirmed is allowed with the High Residential, eight units per acre (HR-8) future land use designation and Planned Unit Development zoning on the site.  The rezoning of the northern 55.75 acres of the Golf Course was approved at the January 24, 2019, BCC hearing via Resolution R2019-0179. The preliminary master plan approved, indicates 446 multifamily units over three pods: 354 in Pod A, 64 units in Pod B and 28 units in Pod C.  The final site plan shows 354 units in 15 residential buildings.  There is one clubhouse and three one-story garage buildings.  Prior to redevelopment, Boca Dunes is seeking a Brownfield designation under Section 376.80(12) of the Act. No County funds for implementation are required. District 5 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

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

 

D.        PALM TRAN

 

1.         DELETED FOR FURTHER STAFF REVIEW: Staff recommends motion to approve:


A) the Program of Projects for the FY2019 Section 5307 and Section 5339 Grant allocations, in the amount of $17,429,929 (5307); $2,087,965 (5339), and $50,000 in FLEX Funds programmed by the Palm Beach Transportation Agency (TPA) from the Federal Transit Administration;

 

B) the filing of a multi-source funding (Super-Grant) electronic grant application #1098-2019-2, with the Federal Transit Administration (FTA), for FY2019 Section 5307 (CFDA 20.507), Section 5339 (CFDA 20.526) and Flex Funds (CFDA 20.507).  The Super-Grant is for capital funds allocated to Palm Beach County Board of County Commissioners (BCC) in the amount of $19,567,894.  This is a cost reimbursable agreement that will become effective upon FTA Award and has an anticipated end date of March 30, 2025;

 

C) the filing of Standard Form LLL - Disclosure of Lobbying Activities; and

 

D) authorization for the County Administrator or designee to execute on behalf of the BCC, and to transmit electronically the BCC’s approval of the Grant Application, award and the resulting grant agreement.

 

SUMMARY:  The FTA distributes Section 5307 and 5339 grant funds to provide capital and operating assistance for public transportation projects.  The FY2019 allocation will fund items necessary for the continued operations of the Palm Tran system, which includes the following: $5,912,630 to replace buses and relief vehicles that have reached their useful life; $174,299 for the one-percent project security requirement; $2,419,965 for facility improvements; $1,511,000 for Shop Maintenance Equipment; $500,000 for General Planning Consulting contract; $500,000 for South County Expansion furniture and $8,500,000 for preventive maintenance, and $50,000 for Bus Shelters.  FTA encourages the submittal of Super-Grant applications to consolidate allocations for Fixed Route capital projects.  The FY2019 allocations have a match requirement of $4,891,974 or 20% of the total project cost.  The source of the matching funds are Toll Revenue Credits provided by the Florida Department of Transportation.  The grant application also requires execution of the Disclosure of Lobbying Activities, Form LLL. No County funds are required. Countywide (DR)                

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

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

 

E.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to adopt: an ordinance of the Board of County Commissioners of Palm Beach County, Florida, repealing and replacing Chapter 22, Article VI of the Palm Beach County Code (Ordinance No. 2009-052 The Palm Beach County Real Property Acquisition, Disposition and Leasing Ordinance); providing for a title; providing for definitions; providing for determination of value; providing for standards and procedures for the sale or lease of real property; providing for delegation of authority; providing for supermajority vote; providing for the property review committee; providing for repeal of laws in conflict; providing for severability; providing captions; providing for inclusion in the code of laws and ordinances; and providing an effective date. SUMMARY:  The Palm Beach County Acquisition, Disposition and Leasing Ordinance (commonly referred to as the PREM Ordinance) was amended in 2009 to implement recommendations of the Palm Beach County Grand Jury, including requiring a supermajority vote to approve all purchases, sales and exchanges and establishing a Property Review Committee (PRC) to review real estate transactions which:  i) are based upon appraisals utilizing hypothetical conditions, extraordinary assumptions, or assume a change in land use, comprehensive plan amendment or concurrency other than currently exists; ii) the price varies from the appraisal value by more than 10%; or iii) are an exchange of real properties in which the value of the property to be conveyed or received by the County exceeds $250,000. Transactions for less than $250,000 are exempt from PRC review.  At the request of Engineering and the County Attorney’s Office, the 10% valuation threshold is being increased to 15% for acquisitions of right-of-way generally, and acquisitions which involve eminent domain and/or inverse condemnation litigation will be exempt from PRC review. At the request of Housing and Economic Sustainability, this repealed and replaced PREM Ordinance allows for the sale of workforce housing units in accordance with the Workforce Housing Program to be sold directly to a qualified buyer without a competitive process, without an additional appraisal beyond that obtained by the County in connection with acquisition of the unit, and without review by the PRC.  The sale of workforce housing units acquired by the County is governed by the Workforce Housing Financial Assistance Strategy adopted by the Board and requires flexibility in the pricing and sales process utilized to transfer the units to qualified buyers.  Resolution R2013-1421 established the PRC with five members with a mix of qualifications and three-year terms.  The PRC has not met to review a qualifying real estate transaction in three years, and currently does not have enough members to achieve a quorum.  Staff is submitting a companion agenda item to approve a resolution reducing the number of committee members from five to three to assist in filling the Committee.  This repealed and replaced PREM Ordinance also requires disclosure of appraised values in the summary section of the agenda item presented for Board approval. Except for the changes noted above, this repealed and replaced PREM Ordinance contains the same provision as the existing PREM Ordinance. (Property & Real Estate Management) Countywide (HJF)

 

 

 

 

 

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OCTOBER 22, 2019

 

 

5.         REGULAR AGENDA

 

A.        AIRPORTS

 

1.         Staff recommends motion to:

 

A) receive and file the Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0086-017-2019 in the amount of $709,056 to Conduct Noise Compatibility Plan Study at Palm Beach County Park Airport (LNA); 

 

B) approve a budget amendment of $709,056 in the Airport’s Improvement and Development Fund to recognize the receipt of grant funding from the FAA, and the appropriation of local funds from the reserves in the amount of $78,784 for a total budgeted project cost of $787,840; and

 

C) approve a contract with Harris Miller Miller & Hanson, Inc. (HMMH) in the amount of $787,840 for the preparation of the Part 150 Noise Compatibility Study at LNA.

 

SUMMARY:  This grant begins on September 24, 2019 and expires on September 23, 2023. The grant agreement provides for a 10% match of the total project costs of $787,840.  Delegation of authority for execution of the above standard form Grant Agreement was approved by the BCC on October 3, 2006 (R2006-2086).  In an effort to address community concerns with the noise impacts of aircraft overflights, particularly helicopters, in the vicinity of LNA, the Department of Airports (Department) is recommending the County initiate a Noise Compatibility Study under Part 150 of Title 14 of the Code of Federal Regulations (Part 150 Study).  The Part 150 Study provides a structured approach for airport operators, neighboring communities and the FAA to work together to address aircraft noise concerns, while offering members of the public an opportunity for active and direct participation in the process.  This effort will follow Federal guidelines and recommendations related to the Part 150 Study review process in order to gain Federal approval for appropriate mitigation efforts developed under the study.  In accordance with Section 287.055, Florida Statutes, and the FAA’s Advisory Circular 150/5100-14 (current edition), HMMH was competitively selected to provide professional services associated with the Part 150 Study.  The contract with HMMH in the amount of $787,840 will provide the Department with the support necessary to develop and prepare the Part 150 Study.  HMMH is a Burlington, MA based firm with several offices throughout the country. A Disadvantaged Business Enterprise (DBE) goal of 8.5% was set for this contract. HMMH committed to 100% DBE participation.  Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

5.         REGULAR AGENDA

 

B.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: an interlocal agreement (agreement) with the City of Westlake (City) for the transfer of traffic regulatory authority (Authority) from the City to Palm Beach County (County) for the segment of Seminole Pratt Whitney Road between East Sycamore Drive and 60th Street North. SUMMARY: Seminole Pratt Whitney Road is a County owned road. Section 316.006 (2), Florida Statutes, gives original jurisdiction to chartered municipalities on all non-state roads within their jurisdictional boundaries. This agreement will transfer authority from the City to the County. The County will operate and maintain all traffic control devices on Seminole Pratt Whitney Road, including the traffic signals and the County Fire Station No. 22 signal. The City agrees to reimburse the County for reasonable costs associated with maintenance, including the costs of electricity. The terms of this agreement become effective upon execution by the County to September 30, 2023, and shall renew automatically every five years. District 6 (YBH)

 

 

C.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners of Palm Beach County, Florida; approving the issuance of Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds (Brenton at Abbey Park). SUMMARY: The bonds are being issued by the Housing Finance Authority of Palm Beach County, Florida (Authority), to finance the costs of acquiring, constructing, renovating and equipping a 160 unit multifamily rental housing facility now known as Pinnacle at Abbey Park to be renamed Brenton at Abbey Park, (Project), located at 1921 Abbey Park Road in West Palm Beach.  These units will be rented to qualified persons and families as required by Section 142(d) of the Internal Revenue Code of 1986, as amended (Code).  The Borrower is Fairfield Abbey Park, LP, and the Developer will be an affiliate of the Borrower. The bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower. Bryant Miller Olive P.A. is Bond Counsel to the Authority with respect to the bonds, and RBC Capital Markets, LLC is the Placement Agent.  On June 14, 2019, the Authority held a public hearing with respect to the bonds in the noticed principal amount of $19,000,000 as required by Section 147(f) of the Code.  Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, of interest on the bonds. District 2 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

5.         REGULAR AGENDA

 

C.        HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the issuance of not exceeding $50,000,000 Housing Finance Authority of Palm Beach County, Florida (the Authority), Homeowner Revenue Bonds, Multiple Series (the Bonds) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended; and providing an effective date. SUMMARY: The Program provides financing to qualified applicants for the purchase of single-family owner-occupied homes within the Authority’s area of operation through the provision of below market interest rate mortgage loans over a three-year origination period.  In 2019, the income limit for a one or two person household applying to the Program is $83,600, and the income limit for households having three or more persons is $96,140.  Income limits are adjusted annually by the U.S. Treasury Department.  To implement the Program, the Authority will apply for private activity bond allocation to issue such Bonds in one or more series, or the Authority may elect to convert all or a portion of any private activity bond allocation for the issuance of bonds to finance multifamily rental housing projects for occupancy by persons or families at 60% of area median income. Prior to the issuance of any bonds, the Authority will seek approval from the Board of County Commissioners in accordance with Section 2-190, Palm Beach County Code of Ordinances.  Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. Countywide (DB)

 

 

D.        WESTGATE/BELVEDERE HOMES CRA

 

1.         Staff recommends motion to approve: the sale of one Westgate/Belvedere Homes Community Redevelopment Agency (CRA)-owned property to Elite Capital & Development Inc., for $84,000 and other considerations subject to the terms of the CRA’s Purchase Agreement. SUMMARY: Pursuant to Ordinance No. 89-6, Board of County Commissioners (BCC) approval is required for disposition of any real property owned by the CRA. The 0.33-acre vacant land is located between two single-family homes off of Genessee Avenue. Elite Capital & Development Inc. has proposed to purchase the property for the appraised value of $84,000 to build two workforce single-family homes according to the terms of the attached Purchase Agreement to this agenda item. Elite Capital will have a maximum of two years to design, permit, build and complete the project. Funds received from the sale of the property will be put back in the CRA’s general fund for future redevelopment activities. If for any reason, the owner fails to complete the project in accordance with the terms of the Purchase Agreement, the property will revert back to the CRA.  The CRA Board approved the sale at their August 12, 2019 meeting. Districts 2 & 7 (RB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

5.         REGULAR AGENDA

 

            E.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners of Palm Beach County, Florida: (i) authorizing the issuance of Public Improvement Revenue Refunding Bonds, Federally Taxable Series 2019A (Convention Center Project), in the principal ‎amount of not to exceed $46,000,000 for ‎the purpose of financing the costs of the refunding of the ‎County's Public Improvement Revenue Refunding Bonds, Series ‎‎2011 (Convention Center Project) and paying certain costs of ‎issuance related thereto; providing certain of the terms and ‎payment of such bonds; providing for the rights, security and ‎remedies of the holders thereof, making certain covenants and ‎agreements in connection therewith; (ii) authorizing the ‎issuance of Public Improvement Revenue Refunding Bonds, ‎Federally Taxable Series 2019B (Convention Center Hotel ‎Project), in the principal amount of not to exceed $26,000,000 for the purpose of financing the ‎costs of the refunding of the County's Taxable Public Improvement ‎Revenue Bonds, Series 2013 (Convention Center Hotel Project) and ‎paying certain costs of issuance related thereto; providing ‎certain of the terms and payment of such bonds; providing for ‎the rights, security and remedies of the holders thereof, ‎making certain covenants and agreements in connection ‎therewith; (iii) authorizing the issuance of Public Improvement ‎Revenue Refunding Bonds, Federally Taxable Series 2019C ‎‎(Convention Center Parking Facility Project), in the principal amount ‎of not to exceed $61,000,000 for the ‎purpose of financing the costs of the refunding of all or a portion of the County's ‎Public Improvement Revenue Bonds, Series 2015A (Various Capital ‎Improvements Project) and paying certain costs of issuance ‎related thereto; providing certain of the terms and payment ‎of such bonds; providing for the rights, security and remedies ‎of the holders thereof, making certain covenants and ‎agreements in connection therewith; (iv) authorizing the use of ‎a preliminary official statement, official notices of sale and ‎summary notices of sale in connection with the public sale of ‎such bonds; (v) authorizing the Chair or County Administrator ‎to accept the best bid for the purchase of the bonds and delegating the award thereof and the determination of certain details in connection therewith; ‎‎(vi) authorizing the Debt Manager to “deem final” for the ‎purposes of Securities and Exchange Commission Rule 15c2-12 the ‎preliminary official statement prepared in connection with ‎the bonds; (vii) approving the form of and authorizing the ‎execution of an official statement and escrow deposit ‎agreements; (viii) appointing a registrar and paying agent in ‎connection with the bonds; (ix) appointing an escrow agent ‎under the escrow deposit agreements; and (x) authorizing the ‎proper officers of the county to do all acts necessary and ‎proper for carrying out the transactions contemplated by the ‎resolution; and providing for an effective date.‎  SUMMARY:  The County’s Financial Advisors have reviewed the Public Improvement Revenue Refunding Bonds, Series 2011 and the Taxable Public Improvement Revenue Bonds, Series 2013 and determined that these bonds can be refunded for a savings. Based on current market conditions, the estimated savings on the Series 2011 Public Improvement Revenue Refunding Bonds have a net present value of $4,241,526 (10.27%).  These bonds will be refunded at a not to exceed amount of $46 million on a competitive basis.  Based on current market conditions, the estimated savings on the Series 2013 Taxable Public Improvement Bonds have a net present value of $3,040,078 (13.73%). These bonds will be refunded at a not to exceed amount of $26 million on a competitive basis.  The County’s Financial Advisors have reviewed the Public Improvement Revenue Bonds, Series 2015A, which were issued on a tax-exempt basis for the purpose of constructing a public garage adjacent to the County Convention Center and determined that these bonds can be refunded on a taxable basis in order to provide operational flexibility for the use of the garage. These bonds will be refunded at a not to exceed amount of $61 million on a competitive basis. Countywide (DB)

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

5.         REGULAR AGENDA

 

E.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)

 

2.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners of Palm Beach County, Florida: (i) supplementing Resolution No. R84-1206 of the County, as amended and supplemented; (ii) authorizing the issuance of not exceeding $50,000,000 principal amount of Palm Beach County, Florida Water and Sewer Revenue Refunding Bonds, Series 2019 (FPL Reclaimed Water Project) in connection with the refunding of all or a portion of the ‎County's Water and Sewer Revenue Bonds, Series ‎‎2009 (FPL Reclaimed Water Project); (iii) providing for certain other details relating to the 2019 Bonds; (iv) approving the forms of and authorizing the use of an official notice of sale and summary notice of sale in connection with the public sale of the 2019 Bonds; (v) approving the form of and authorizing the distribution of a preliminary official statement relating to the 2019 Bonds; (vi) authorizing the Debt Manager to “deem final” for the ‎purposes of Securities and Exchange Commission Rule 15c2-12 the ‎preliminary official statement prepared in connection with ‎the 2019 Bonds; (vii) approving the form of and authorizing the ‎execution of an escrow deposit agreement and official statement; (viii) authorizing the purchase of bond insurance, a debt service reserve surety bond or other form of credit enhancement in connection with all or a portion of the 2019 Bonds under the circumstances provided; (ix) appointing a registrar and paying agent in ‎connection with the 2019 Bonds; (x) providing for the undertaking required by Rule 15c2-12 of the Securities And Exchange Commission; (xi) authorizing the Mayor or County Administrator to accept the best bid for the 2019 Bonds; and (xii) authorizing the ‎proper officers of the County to do all acts necessary and ‎proper for carrying out the transactions contemplated by the ‎resolution; providing for the repeal of prior inconsistent resolutions or proceedings; and providing for an effective date.‎  SUMMARY:  The County’s Financial Advisors have reviewed the Water and Sewer Revenue Bonds, Series 2009 and determined that these bonds can be refunded for a savings. Based on current market conditions, the estimated savings on the Series 2009 Water and Sewer Revenue Bonds have a net present value of $12,758,408 (26.17%). These bonds will be refunded at a not to exceed amount of $50 million on a competitive basis. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

5.         REGULAR AGENDA

 

F.         PARKS & RECREATION

 

1.         Staff requests:

 

A) board direction regarding a five-year time extension for development of the Cam D. Milani park site located within the Town of Highland Beach from June 1, 2020 to May 31, 2025; and 

 

B) authorization for the Mayor to execute a letter to the Town of Highland Beach providing notification of the Board’s direction.

 

SUMMARY:  At the October 8, 2019 meeting, the Board postponed approval of the five-year time extension for development of the Cam D. Milani park site and directed staff to bring back alternatives for funding design and development of the Cam D. Milani park property. On May 18, 2010, the Board approved a stipulated settlement agreement with the Town of Highland Beach regarding the Town’s approval, with conditions, of the County’s special exception use application for the development of the Cam D. Milani park property. The stipulated settlement agreement was executed by the Town on June 1, 2010.  On September 14, 2010, the Board approved an addendum to the stipulated settlement agreement (R2010-1374) to correct scrivener’s errors.  In the settlement agreement, the County agreed not to proceed with development of the park, other than addressing certain compliance conditions, for a period of ten years from the date of adoption for the amended development order (June 1, 2010). The settlement agreement also provided the County the right to extend the postponement at its sole option for two periods of five years each for a maximum postponement of 20 years.  Should the County determine to extend the postponement period for five additional years, a letter notifying the Town of the extension is required within 6-12 months of the ten-year anniversary of the initial postponement. Within the five-year extension, it is the Department’s intent to request design phase funding ($500K) in FY2021 during the regular budget process as part of our five-year Capital Program. Should the Board not approve the five-year extension, funding for the design phase would need to be identified immediately either from reserves or another capital funding source the Development Order would become null and void because the County could not resume development, as required by the settlement agreement by May 31, 2020. Immediate funding sources from Parks are not recommended and would require reallocation of Impact Fees from the Canyons District Park project or would impact other FDO county-wide priorities. If the design was phased ($250K), the potential funding sources for the first phase would remain the same. Inasmuch as the County requires the property to maintain Comprehensive Plan level of service requirements for beach park acres, and funding for the development of the park site has not yet been appropriated due to budgetary constraints and competing priorities, staff recommends postponing development of the Cam D. Milani park site for an additional five-year period. This extension would allow us to design and permit the site and to identify a funding source for future development. District 4 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OCTOBER 22, 2019

 

 

5.         REGULAR AGENDA

 

G.        FACILITIES DEVELOPMENT & OPERATIONS          

 

1.         Staff requests motion to approve: postponing further consideration of the proposal dated October 15, 2019 by Related/City Place Hotel, LLC, for development of 250 hotel rooms to augment the number of rooms available for use by the Convention Center, until completion of the ongoing study of Convention Center operations. SUMMARY:  Related developed the existing 400 room Hilton Convention Center Headquarters Hotel which opened for business in 2016.  The County provided Related $27M in ad valorem funding assistance, and also acquired 3.6 acres of land for the Hotel from the City for $10M and leased the land and Hotel  to Related under a 99 year ground lease.  Since the Hotel opened, operating performance of the Convention Center has improved dramatically, and the Hotel has experienced a very high occupancy rate.  Staff has had numerous discussions with Related regarding the need for additional hotel rooms, as Related operates the existing Hotel, owns 1.8 acres across the street in a logical location for development of an additional hotel and could deliver additional rooms most expeditiously.  Staff would like to see 400-600 rooms developed, while Related believes that based on current Convention Center performance, market conditions and financing availability, the market will only support development of 250 rooms at this time.  In response to those discussions, Related submitted the attached proposal to develop additional rooms on its 1.8-acre site using the same ground lease structure currently in place for the existing Hotel.  Related is proposing to develop 250 hotel rooms at this time, with ability to develop an additional 250 rooms should market conditions permit. To develop the initial 250 rooms, Related is seeking financial assistance of $6.25M upon obtaining building permits, and $15M payable by the County over a 25-year period.  Related would require comparable financial assistance to construct the second phase of 250 rooms. Bed taxes cannot be used to fund construction of a hotel, so any financial assistance provided to Related would have to be funded by ad valorem.  Related has committed to seek to have the City contribute up to 25% of the County’s financial assistance,  however, it is staff’s recommendation that the County not move forward with additional rooms unless and until the City agrees to financially contribute.  Related is also requesting the County lease it 450 parking spaces within the existing Convention Center Garage at a rate to be determined.  The construction cost of those spaces is approximately $9M. Related is also requesting that the County release Related from its existing obligations to construct 650 parking spaces for the existing Hotel .Finally, Related is requiring that the County not allow a competing hotel to be developed for 5 years after completion of construction of the second phase, with no set timeframe for completion.    The Tourist Development Council recently hired a consultant, Convention, Sports and Leisure International (CSL) to evaluate existing Convention Center operations, and among other things, make recommendations on the number of hotel rooms required to support the existing Convention Center  and future expansion, parking spaces required for the Convention Center, existing Hotel and additional rooms to be constructed, and the level of financial assistance required to support development of additional hotel rooms.  CSL will also evaluate the potential to develop a new hotel on the existing Convention Center site.  CVB has been contacted by several developers interested in developing a hotel on the Convention Center site.  The ability to develop a new hotel on the Convention Center site would allow the County to issue a Request for Proposals and introduce a competitive element into these negotiations.  Currently, staff has a limited basis for evaluating Related’s proposal.  The results of CSL’s study will provide the County the more detailed information required to make an informed decision.  The study may also facilitate the option to conduct a competitive RFP process. In addition, Related will be providing detailed financial information on its existing Hilton Hotel operations as required by the Hotel Lease, which will assist in evaluating Related’s request for financial assistance.  In light of the foregoing, Staff strongly recommends that any decision on Related’s proposal be postponed until completion of CSL’s study and receipt of Related’s financial information.  Administration/Countywide  (HJF)

 

 

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OCTOBER 22, 2019

 

 

6.         BOARD APPOINTMENTS

 

            A.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: appointment of one individual per seat from the following nominees to the Commission on Affordable Housing (CAH) to complete the term through July 9, 2021.

 

Seat:              Requirement:                      Appoint:                    Nominated By:

 

2                      Banking or mortgage           Eric A. Lieberman    Comm.  Weiss

                        banking industry                                                      Comm. McKinlay

 

8                      For-profit provider of            John David Page     Mayor Bernard

                        affordable housing                                                  Comm. Weiss

                                                                                                            Comm. McKinlay           

 

5                      Real estate                            Keith Ahronheim      Mayor Bernard

                        Professional                                     or

                                                                        Neil Picart                  Mayor Bernard

                                                                                    or

                                                                        Michael S. Weiner   Mayor Bernard

                                                                                                            Comm. Weiss

                                                                                                            Comm. Weinroth

                                                                                                            Comm. McKinlay           

                                         

SUMMARY: Staff recommends appointment of the above listed individuals to the CAH to serve terms through July 9, 2021.  In accordance with F.S. 420.9076 and Ordinance No. 2017-017, the CAH functions to review local affordable housing policies and incentive strategies, and to provide recommendations to the County regarding the same. F.S. 420.9076 requires a minimum of eight and a maximum of 11 members representing various categories related to affordable housing (see Attachment 2 to agenda item for listing).  The recommended appointments will fill current vacancies in three seats. As required by section 2-443 of the Code of Ethics, this will serve as public disclosure at a duly noticed public meeting that John David Page has multiple contracts with the Board of County Commissioners in the form of loans and bond issues for various properties in which Mr. Page has a material interest. Staff evaluated these contractual relationships and determined that the CAH is purely advisory and provides no regulation, oversight, management or policy-setting recommendations regarding the disclosed contractual relationship. A diversity count of the current six CAH members demonstrates a racial/ethnic breakdown as follows: Caucasian: 5 (83%); African-American: 1 (17%). The gender ratio (female:male) is 2:4. Countywide (HJF)

 

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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OCTOBER 22, 2019

 

 

7.         MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

 

 

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OCTOBER 22, 2019

 

 

8.         ADJOURNMENT

 

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