December 3, 2019
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
DECEMBER 3, 2019
PAGE ITEM
21 5D-1 ADD-ON: Staff recommends motion to: A) approve a
Term Sheet which identifies the key provisions of a Developer Agreement (New
DA) and Sports Facility Use Agreement (New SFUA) with Jupiter Stadium Ltd (JSL)
to: 1) facilitate renovation of the Roger Dean Chevrolet Stadium (RDCS) and 2)
extends JSL’s use rights through April 2, 2048; and B) authorize County Administrator or designee to commence
negotiations of a New DA and New SFUA. SUMMARY:
On July 9, 1996, the County and JSL entered into a Developer Agreement
(Original DA R96-879D, as amended by R96-2117 and R97-2068) and Sports Facility
Use Agreement (Original SFUA R96-0877D as amended) to develop and operate a
two-team spring training facility, now known as RDCS, and occupied by the St.
Louis Cardinals and Miami Marlins, collectively referred to as the Teams. On May 3, 2011, the County and JSL entered
into the First Restated Sports Facility Use Agreement (1SFUA R2011-0694) which
replaced the Original SFUA. The purpose of the 1SFUA was to add provisions for
sharing in the renewal/replacement program costs, and extending the term until April
30, 2027. Despite the 1SFUA term being through April 30, 2027, it contained an
early termination option which could be exercised at any time after April 2017
in the event that there were less than four major league clubs conducting their
spring training in the Southeast Florida Corridor. That early termination
option was eliminated with the BCC’s execution of the Developer and Sports
Facility Use Agreement with HW Spring Training Complex. LLC (HWDA R2015-1071 as
amended and HWSFUA R2015-1072 as amended) for the construction of the FitTeam
Ballpark of the Palm Beaches (FTBTPB). The term of the HWSFUA extends through
April 2, 2048 and the BCC was aware at the time of approval of the HWDA and
HWSFUA that a New DA and New SFUA for RDCS would be required to renovate the
RDCS and extend the term of the New SFUA to April 2, 2048; so that the terms of
the two agreements were identical. The proposed scope of work for the RDCS
Project include renovations and expansions in the public spaces, shared spaces
and team use spaces in the amount of $111,000,000. In order to potentially
construct additional Tourism Enhancements as part of the Project, JSL has the
option to request that the BCC sell bonds in an amount not to exceed
$126,000,000 with JSL paying all debt service for the larger amount. Attachment
B to this item describes the proposed improvements and explains why the public
and shared use improvements are characterized as Tourism Enhancements; both
from the spring training visitor experience and in terms of year round events.
The Term Sheet (Attachment C to this agenda item) identifies the key terms of
the New DA and New SFUA. The most substantial difference between the FTBTPB
Agreements and the proposed RDCS Agreements are that: 1) the County’s financial
risk is capped; 2) the present value of the County’s contributions to debt
service are slightly less than the value of those Tourism Enhancements
improvements with the State and JSL contributions to debt services funding the
remainder; and 3) the Teams are committing to escalate, throughout the term of
the New SFUA, the value of each Team’s annual marketing/promotion contribution
equating to $6,746,520 in additional marketing services over the life of the
agreement, when compared to the HWSFUA. Consistent with the requirements of the
HWDA, JSL will be responsible for managing the contract with the construction
manager selected to build the renovations/ expansion; however, JSL is required
to: 1) bid subcontractor’s packages based on 90% construction documents, 2) comply
with all requirements of the Equal Business Opportunity Ordinance, and 3)
implement all other programs designed to protect subcontractors, that are
included in the current version of FDO’s standard construction contract. This
item has no fiscal impact but the fiscal impact will be fully identified when
the New DA and the New SFUA are presented the BCC for approval in the future. The funding source for this future
obligations will be from the 1st and 4th Cent Bed Tax and
there is no ad valorem contribution, other than staff time. The Tourism
Development Council (TDC) considered this item at their November 14, 2019 and
November 26, 2019 meeting and recommended alternate deal terms which include:
1) renewal/replacement (R/R) expenses being lowered by $500,000 annually in FY
2021 through FY 2033 across all TDC funded assets by deferring projects; and 2)
reducing the present value of the County’s contribution to that of the State’s
contribution. To implement this recommendation, JSL would have to: 1) reduce the
scope of the project to reduce the Project cost, and/or 2) fund the difference
resulting from the reduced County contribution. (FDO Admin) Countywide
(MWJ)
NOTE: Items that were revised,
added, deleted, or backup submitted and were not listed on the preliminary
addition/deletion sheet distributed to the Board the prior day are noted with
an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 3, 2019
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 5-18)
4. SPECIAL PRESENTATIONS (Page 19)
5. REGULAR
AGENDA (Pages 20-21)
6. BOARD OF COUNTY COMMISSIONERS SITTING AS
THE CHILD CARE FACILITIES BOARD (Page 22)
7. BOARD
APPOINTMENTS (Page 23)
8. STAFF COMMENTS (Page 24)
9. BCC COMMENTS (Page 25)
10. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 26)
11. ADJOURNMENT (Page 27)
* * * * * * * * * * *
DECEMBER 3, 2019
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 5
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 5
3C-1 Work order to contract with Ranger
Construction Industries, Inc. for milling and resurfacing Island Way from
Indiantown Road to the county line
Page 6
3C-2 Annual concrete and pathway construction
contracts with Hinterland Group, Inc. and Wynn & Sons Environmental
Construction Company
3C-3 Annual small paving and minor construction
contracts with R & D Paving, LLC, Hinterland Group, Inc. and Saffold
Paving, Inc.
E. COMMUNITY SERVICES
Page 7
3E-1 Agreement with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. for provision of home energy assistance to
seniors
Page 8
3E-2 Federal contract with Rapid Results
Institute, Inc. for the 100-Day Challenge to End Homelessness for Persons
Living with HIV/AIDS
F. AIRPORTS
Page 8
3F-1 Resolution
approving a Public Transportation Grant Agreement with the Florida Department
of Transportation to construct hangars at North Palm Beach County General
Aviation Airport
Page 9
3F-2 Receive
and file a summary of adjustments to rental rates within the County’s Airport
System
3F-3 Resolution
approving a Public Transportation Grant Agreement with the Florida Department
of Transportation for Runway 10-28 Rehab at Palm Beach County Park Airport
3F-4 Receive
and file a Memorandum of Lease and Estoppel Certificate related to the
Development Site Lease Agreement with Airport Logistics Park, LLC
Page 10
3F-5 Easement
to the Lake Worth Drainage District for access and maintenance-related activities
in connection with LWDD’s L-4 Canal
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 10
3G-1 Settlement
offer for full satisfaction of a code enforcement lien with Jose Claudio
3G-2 Settlement offer for full satisfaction of a
code enforcement lien with Joseph R. Wallace and Karen L. Wallace
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 11
3H-1 License
agreement with the School Board for use of an office located at the South
County Courthouse for School Board staff assigned to the Courts
3H-2 Agreement
with Medics Ambulance Service, Inc., for interoperable communications
J. PLANNING, ZONING & BUILDING
Page 12
3J-1 Appointment
to the Zoning Commission
DECEMBER 3, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES
Page 12
3K-1 Receive and file executed Standard Potable
Water and Wastewater Development Agreements for the month of August 2019
Page 13
3K-2 Change order to contract with Gilmore
Electric Company, Inc. for the Generator Lug Boxes at Water Treatment Plants 2,
3, 8, 9 and Southern Region Operations Center
3K-3 Amendment to contract with Mock, Roos &
Associates, Inc. for the Lift Station Rehabilitation Project B
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 14
3L-1 Agreement with the Palm Beach County Fishing
Foundation, Inc. to provide donated artificial reef material and temporary
storage of material
3L-2 State of Florida Department of Environmental
Protection Grant Agreement for geotechnical engineering and seepage analysis
for the Loxahatchee River Watershed Hydrological Refinements Phase I Project
M. PARKS & RECREATION
Page 15
3M-1 Receive and file five executed Independent
Contract Agreements
3M-2 Ratify
the Mayor’s signature on a Florida Recreation Development Assistance Program
grant application to fund projects associated with the development of Canyon
District Park
P. COOPERATIVE EXTENSION SERVICE
Page 16
3P-1 Donation
from the Friends of the Mounts Botanical Garden, Inc. for Ribbit the Exhibit
Q. CRIMINAL JUSTICE COMMISSION
Page 17
3Q-1 Appointments
to the Criminal Justice Commission
AA. PALM TRAN
Page 18
3AA-1 Receive and file executed Federal Transit
Administration grant applications
BB. YOUTH SERVICES
Page 18
3BB-1 Contract with Speak Up for Kids of Palm Beach County, Inc. for
funding of two full-time positions for the Guardian Ad Litem Program
SPECIAL PRESENTATIONS
Page 19
4-A Hundley Farms Day
4-B Palm
Beach County Disability Employment Awareness Month
4-C George
Elmore Day
DECEMBER 3, 2019
TABLE OF CONTENTS
REGULAR AGENDA
A. ADMINISTRATION
Page 20
5A-1 Receive and file a briefing presentation by
Colonel Andrew Kelly, Commander and District Engineer of the U.S. Army Corps of
Engineers, Jacksonville District, focusing on Corps activities and regional
water conditions
5A-2 Signature of the Mayor on a letter addressed
to the South Florida Water Management District recommending that SFWMD
communicate their support of the Loxahatchee River Watershed Restoration
Program to the USACE
B.
TOURIST DEVELOPMENT COUNCIL
Page 21
5B-1 Receive and file research study by Downs
& St. Germain to measure the 2019 economic impact that Major League
Baseball has on Palm Beach County
C. ENGINEERING & PUBLIC WORKS
Page 21
5C-1 Direction
establishing a license plate reader policy
BOARD OF
COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD
Page 22
6A-1 Reappointment to the Child Care Advisory
Council
BOARD
APPOINTMENTS (Page 23)
STAFF COMMENTS
Page 24
8A-1 Updated board directives report
COMMISSIONER COMMENTS (Page 25)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 26)
ADJOURNMENT (Page 27)
DECEMBER 3, 2019
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Type Meeting
Date
Regular August 20, 2019
Budget Public Hearing September 10, 2019
Budget Public Hearing September 16, 2019
Zoning September
26, 2019
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to receive and file: change
orders, work task orders, minor contracts, final payments and other items
approved by the Contract Review Committee and by the department heads for the
Engineering Department; Facilities Development and Operations; Water Utilities
Department; Environmental Resources Department; and the Department of Airports
during February 2018.
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Work Order 2018051-74 in the amount of
$410,000 to mill and resurface Island Way from Indiantown Road to the county
line utilizing Palm Beach County’s (County) annual asphalt milling and
resurfacing contract R2018-1533 (Contract) with Ranger Construction Industries,
Inc. (Ranger). SUMMARY: Per County PPM CW-F-050, this work order
exceeds the $200,000 threshold for staff approvals of work orders to annual
contracts, thus requiring approval from the Board of County Commissioners
(BCC). Approval of this work order will allow the contractual services
necessary to construct the improvement. Prior to this work order, approximately
$13 million of Ranger’s $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 with a 15% mandatory Small Business Enterprise
(SBE) goal set as the Affirmative Procurement Initiative. Ranger agreed to 15%
SBE participation for this work order. Approval of this work order will result
in a cumulative SBE participation of 15% for all the work orders issued under
the Contract. District 1 (YBH)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff
recommends motion to approve:
A) an annual small concrete and pathway
construction contract with Hinterland Group, Inc. (Hinterland) in an amount not
to exceed $1,000,000; and
B) an annual small concrete and pathway
construction contract with Wynn & Sons Environmental Construction Company,
Inc. (Wynn & Sons) in an amount not to exceed $1,000,000.
SUMMARY: Approval of these contracts will provide for
small concrete and pathway construction, on an as needed basis. The Engineering
Department bid these annual contracts to help grow small businesses within Palm
Beach County. The intent of these contracts is to keep the individual work task
orders smaller in size to encourage participation of Small Business Enterprise
(SBE) certified firms. The Goal Setting Committee set a 20% mandatory SBE
subcontracting goal for these contracts as the Affirmative Procurement
Initiative (API) on April 3, 2019. Hinterland has agreed to 20% SBE
participation. Wynn & Sons has agreed to 93% SBE participation. Hinterland
and Wynn & Sons are both Palm Beach County based companies. The low bidder,
All-Site Construction, Inc., was deemed non-responsive to the API by the Office
of Equal Business Opportunity. These contracts will be in effect for 12 months
from the date of approval by the Board of County Commissioners and may be
extended for a defined period of time, not to exceed 36 months total contract
time. Countywide (YBH)
3. Staff
recommends motion to approve:
A) an annual small paving and minor
construction contract with R & D Paving, LLC (R & D) in an amount not
to exceed $1,000,000;
B) an annual small paving and minor
construction contract with Hinterland Group, Inc. (Hinterland), in an amount
not to exceed $1,000,000; and
C) an annual small paving and minor
construction contract with Saffold Paving, Inc. (Saffold), in an amount not to
exceed $1,000,000.
SUMMARY: Approval of
these contracts will provide for small paving and minor construction, on an as
needed basis. The Engineering Department bid these annual contracts to help
grow small businesses within Palm Beach County. The intent of these contracts
is to keep the individual work task orders smaller in size to encourage
participation of Small Business Enterprise (SBE) certified firms. The Goal
Setting Committee set a 20% mandatory SBE subcontracting goal for these
contracts as the Affirmative Procurement Initiative on April 3, 2019. R & D
has agreed to 61% SBE participation. Hinterland has agreed to 20% SBE
participation. Saffold has agreed to 75% SBE participation. R & D,
Hinterland and Saffold are all Palm Beach County based companies. These
contracts will be in effect for 12 months from the date of approval by the
Board of County Commissioners and may be extended for a defined period of time,
not to exceed 36 months total contract time. Countywide (YBH)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A)
Standard Agreement No. IP019-9500 for the Emergency Home Energy Assistance
Program (EHEAP) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc.
(AAA), for the period October 1, 2019 through September 30,
2020, to provide services in accordance with the terms and conditions
specified in this agreement, including all attachments, forms and exhibits, in
an amount not to exceed $11,358 with a spending authority
in the amount of $159,577 for client services, to provide home energy
assistance to seniors;
B) Amendment
002 to Standard Agreement No. IP018-9500 (R2018-1978) for EHEAP with AAA, for
the period October 1, 2018 through September 30, 2019, to revise, amend, and
replace portions of the standard agreement and increase overall total funding
by $32,205, to provide home energy assistance to seniors; and
C) a budget amendment of $4,437 in the
Division of Senior Services Administration Fund to align the budget to the
actual grant.
SUMMARY: The Division of
Senior Services (DOSS) is the designated Lead Agency for the AAA Service Area A
and as such is qualified to provide EHEAP services and is funded with $16,463
in federal funds and $139,079 in additional county funds, for the purpose of
staff administration and EHEAP processing costs. EHEAP services are provided to seniors
aged 60 and older experiencing a home energy emergency. Seniors who are unable
to pay their electric bills can receive financial assistance up to twice a
year, once during the heating season (October – March) and once during the
cooling season (April – September). In FY 2019, DOSS served 521 seniors
experiencing a home energy crisis. Under the new standard agreement, DOSS will
serve 510 seniors experiencing a home energy crises. DOSS is responsible for
providing services north of Hypoluxo Road. The areas of service include all of
the districts, excluding portions of Districts 3, 4, 5 and 7 south of Hypoluxo
Road. The Mae Volen Senior Center, Inc. is responsible for providing services
in the areas south of Hypoluxo Road. Sufficient
funding is included in the current budget to meet County obligations. No additional funds are required for this
amendment. (Division of Senior Services) Countywide, except for portions
of Districts 3, 4, 5, and 7 south of Hypoluxo Road (HH)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: a contract for Provision of Services with Rapid
Results Institute, Inc. (RRI), for the period January 5, 2020 through December
31, 2020, in an amount not to exceed $77,869, to facilitate and implement the
100-Day Challenge to End Homelessness for Persons Living with HIV/AIDS (100-Day
Challenge). SUMMARY: The
Community Services Department (CSD) will organize the 100-Day Challenge
to integrate the services of the Ryan White HIV/AIDS Program (RWHAP) Part A
with programs funded by U.S Department of Housing and Urban Development (HUD).
The services will include housing and health care services to homeless and unstably
housed persons living with HIV/AIDS. This integration will help leverage the
assets and resources of both RWHAP Part A and HUD to serve the population
targeted by these programs. Through the 100-Day
Challenge, CSD will increase the percent of RWHAP Part A clients who have
identified housing as a barrier to care and who are connected to housing
services and will increase the percent of unstably housed individuals on the
County’s ‘by-name list’ who are connected to RWHAP Part A services. RRI has
pioneered the 100-Day Challenge and is the only provider with the experience
and expertise to coordinate the 100-Day Challenge. RRI has successfully
coordinated 100-Day Challenges with nonprofits and governmental agencies
nationally and internationally, including HUD and the U.S Department of Health
and Human Services. RRI has lead two other 100-Day Challenges
in Palm Beach County: the Challenge to End Youth Homelessness, during which 120
youth were housed in 2017; and the 100-Day Challenge to End Veteran
Homelessness, during which 79 veterans were housed in 2019. RRI will
facilitate the process of integrating RWHAP Part A and the HUD-funded programs
to ensure that clients from both systems receive both HIV/AIDS care and
homeless services. No County funds are
required. (Ryan White Program) Countywide (HH)
F. AIRPORTS
1. Staff recommends
motion to:
B) approve
a budget amendment of $2,000,000 in the Airport's Improvement and Development Fund to recognize the receipt
of a grant from the FDOT, and budget project
costs of $2,500,000; which includes
a transfer from reserves in the amount
of $500,000.
SUMMARY: The FDOT has issued a PTGA reflecting their commitment of funding to the above referenced project
in the amount
of $2,000,000 or 80% of the eligible project
costs, whichever is less. Airport local funding in the amount of $500,000
is also available for a total project
cost of $2,500,000. Countywide (AH)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to receive and file: a summary of
adjustments to rental rates within the County’s Airport System effective
October 1, 2019, pursuant to Resolution 2007-1291. SUMMARY: The majority of leases for properties within the County’s
Airports System (Airport Properties) provide for adjustment to rental rates
every three years based on the fair market rental value of the property as
determined by appraisal, a percentage change in the Consumer Price Index or a
combination of both. Although the
majority of the lease agreements for Airport Properties specifically provide
the method for adjusting rental rates, some older lease agreements require a
resolution or other action of the Board for the new rental rates to become
effective. Resolution 2007-1291
authorized the County Administrator or designee to approve rental rate
adjustments in accordance with applicable provisions of any lease agreement
approved by the Board or executed by the County Administrator or designee
pursuant to a delegation of signature authority. Countywide (AH)
3. Staff
recommends motion to:
A) adopt a resolution approving
a Public Transportation Grant Agreement (PTGA)
with the Florida
Department of Transportation (FDOT) in the amount
of $600,000 for Runway 10-28 (formerly Runway 9-27) Rehab at Palm Beach County
Park Airport (LNA). This PTGA will become effective
upon final execution
by the FDOT with an expiration date of December
31, 2022; and
B) approve a budget amendment
of $600,000 in the Airport's
Improvement and Development Fund to recognize the receipt
of a grant from the FDOT, and budget project
costs of $750,000;
Airport local funding
in the amount of $150,000 is included in the current budget.
SUMMARY: The FDOT has issued a PTGA reflecting their commitment
of funding to the above referenced project in the amount of $600,000 or 80% of the eligible project costs, whichever is
less. Airport local funding
in the amount of $150,000
is also available for a total project cost of $750,000. Countywide (AH)
4. Staff recommends
motion to receive and file:
A) a Memorandum of Lease (Memorandum) summarizing key terms
of the Development Site Lease Agreement with Airport Logistics Park, LLC (ALP)
(R2019-0300) (Lease), on County-owned land west of the Palm Beach International
Airport (PBI); and
B) an Estoppel Certificate (Certificate) to PNC Bank,
National Association, summarizing key terms of the Lease in support of ALP’s
leasehold mortgage.
SUMMARY: ALP is
constructing a new warehouse development on County-owned property north of
Wallis Road, east of Haverhill Road, west of PBI, pursuant to the Lease. The Memorandum is in the form attached as
Exhibit “E” to the Lease, and the Certificate meets the criteria detailed in
Section 16.06 of the Lease. Agenda item
3F-10, dated March 12, 2019, authorized the Director of the Department of
Airports to execute both documents on behalf of the County. Countywide
(HJF)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to approve: an easement
to the Lake Worth Drainage District (LWDD), for access and maintenance-related
activities in connection with LWDD’s L-4 Canal, over a portion of property
under lease to Airport Logistics Park, LLC (ALP) (R2019-0300), west of the Palm
Beach International Airport (PBI). SUMMARY: ALP is constructing a new warehouse
development on County-owned property north of Wallis Road, east of Haverhill
Road, west of PBI, pursuant to a Development Site Lease Agreement
(R2019-0300). LWDD’s L-4 Canal borders
the northerly boundary of the leasehold premises and LWDD requires an easement
for access and maintenance-related activities in connection with the L-4 Canal.
The easement does not permit LWDD to construct facilities or appurtenances
within the easement premises. ALP’s development required a permit from LWDD for
legal positive outfall to the L-4 Canal, and LWDD requires the easement as a
condition of issuance of that permit.
ALP has joined in the easement for the purpose of consenting and
agreeing to the creation of the easement as to ALP’s leasehold interest. Countywide
(HJF)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated settlement offer in the amount of $21,532 for the full
satisfaction of a code enforcement lien that was entered against Jose Claudio
on July 6, 2011. SUMMARY: The
Code Enforcement Special Magistrate (CESM) entered an Order on March 4, 2009
for a property owned by Jose Claudio giving him until April 3, 2009 to bring his property located at 5970
Purdy Lane into full code compliance. The property had been cited for
overgrown vegetation on the property.
Compliance with the CESM’s Order was not achieved by the ordered compliance
date and a fine in the amount of $100 per day was imposed. The CESM then
entered a claim of lien against Jose Claudio on July 6, 2011. The Code Enforcement Division issued an affidavit of
compliance for the property on September 28, 2010 stating that the cited code
violations had been fully corrected. The total accrued lien amount on August 9,
2019, the date on which settlement discussions began, totaled $43,065.20. Jose
Claudio has agreed to pay Palm Beach
County $21,532 (50%) for full settlement of his outstanding code enforcement
lien. District 2 (SF)
2. Staff recommends
motion to approve: a negotiated settlement offer in the amount of $10,850 for the full
satisfaction of a code enforcement lien that was entered against Joseph R.
Wallace & Karen L. Wallace on May
2, 2018. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered
an Order on December 6, 2017 for the property owned by Joseph R. Wallace
& Karen L. Wallace giving them
until January 5, 2018 to bring their property located at 17108 Fox Trail Lane
into full code compliance. The property had been cited for overgrown
vegetation throughout the property, open storage of trash and debris at the
rear of the property, and vegetative debris throughout premises. Compliance with the CESM’s Order was not
achieved by the ordered compliance date and a fine in the amount of $50 per day
was imposed. The CESM then entered a claim of lien against Joseph R.
Wallace & Karen L. Wallace on May
2, 2018. The Code Enforcement Division issued an affidavit of compliance for
the property on March 13, 2019 stating that the cited code violations had been
fully corrected. The total accrued lien amount through August 30, 2019, the
date on which settlement discussions began, totaled $21,689.05. Mr.
Wallace has agreed to pay Palm Beach
County $10,850 (50%) for full settlement of their outstanding code enforcement
lien. District 6 (SF)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a License Agreement (Agreement) with the School
Board of Palm Beach County (School Board) for use of an office located at the
South County Courthouse for School Board staff assigned to the Courts from
December 3, 2019 through December 2, 2024.
SUMMARY: This Agreement
will allow the School Board to utilize room 2E-220 on the second floor of the
South County Courthouse as office space for staff assigned as a Court Education
Liaison to provide services to the courts, juveniles and parents of juveniles
involved in the court system. This Agreement will replace License Agreement
R2014-1915 between the County and the School Board. The use is permitted
between 8:00AM and 5:00PM, five days a week, subject to security screening and
the facility use rules and procedures. All access to the facility must be
through the public, screened entrance. There is no fee for the use of the
office but the School Board is responsible for returning the room to its
pre-use condition and for reimbursing County for any damage caused by the use.
The term of the Agreement is for five years. There is one renewal option for a
term of five years. Either party may terminate the Agreement with written
notice to the other party at any time, for any reason. (FDO) Countywide (LDC)
2. Staff recommends
motion to approve: an agreement with Medics Ambulance Service, Inc., a
corporation licensed to do business in the State of Florida (Participant), formerly
known as Medics Emergency Services of Palm Beach County, Inc., allowing for
interoperable communications through the countywide and EMS common talk groups
of the County’s 800 MHz Radio System from December 3, 2019 through December 2,
2024. SUMMARY: This agreement provides the terms and conditions under
which the Participant can program into its radios and utilize the countywide
and EMS common talk groups for certain inter-agency communications. This agreement
is intended to replace the Interlocal Agreement R2007-2247 between County and
Participant, amended by First Amendment R2010-0890, by Second Amendment
R2013-1566, and by Third Amendment R2017-0724. The terms of the agreement are
standard and have been offered to all municipalities and local branches of
State/Federal agencies and ambulance service providers with 800 MHz trunked
radio capabilities. There are no charges associated with this agreement, but
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. The agreement may be
terminated by either party, with or without cause. The term of the agreement is
for five years or until the expiration or termination of Participant’s
Certificate of Public Convenience and Necessity, whichever comes first. There
are two renewal options, each for a term of five years. (ESS) Countywide
(LDC)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve: the appointment of one member to the Zoning
Commission (ZC), to complete an unexpired term from December 3, 2019 to
February 2, 2021 for Robert Currie who has resigned.
Appoint Seat # Seat
Requirement Nominated By
Jess M.
Sowards 9 Architect PBC The American
Institute
of Architects
SUMMARY: The ZC is comprised of nine
members appointed by the Board of County Commissioners (BCC). The term of
office for ZC members is three years, with a limit of
three consecutive three-year terms. Seven members shall be appointed by the
BCC, one from each Commissioner as a district appointment. Two members shall be
appointed by a majority vote of the BCC. These shall be architects registered
in the State of Florida and nominated by the Palm Beach County Chapter of The
American Institute of Architects. These appointments are consistent with the
Unified Land Development Code requirements, Article 2.G.3.L, ZC. The Board consists of nine members, with eight seats currently filled
and a diversity count of Caucasian: 6 (75%) and African-American: 2
(25%). The gender ratio (male: female) is 6:2. Mr. Sowards is Caucasian male. Staff has
addressed the need to increase diversity within our boards and will continue to
encourage this in an effort to expand the Board’s diversity. Unincorporated (SS)
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: executed
Standard Potable Water and Wastewater Development Agreements for the month of
August 2019.
A) Standard Potable Water
and Wastewater Development Agreement with Pineridge Gardens, LLC, SDA #01-01262-000
(District 7), Recorded in OR BK 30839 PG 0441; and
B) Standard Potable Water
and Wastewater Development Agreement with The Wellery Delray, LLC, SDA
#03-01048-000 (District 5), Recorded in OR BK 30893 PG 1984.
SUMMARY: In accordance with County PPM CW-O-051, all
delegated contracts/ agreements/grants/procurement items must be submitted by
the initiating Department as a receive and file agenda item and are attached
unless the documents have been recorded in the Public Records of Palm Beach
County. The documents have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Water Utilities Department in
accordance with Resolutions R93-1619, R96-0228 and R2003-0539, and are now
being submitted to the BCC to receive and file. Districts 5 & 7 (MJ)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: Change
Order (CO) No. 4 for the Generator Lug Boxes at Water Treatment Plants (WTPs)
2, 3, 8, 9 & Southern Region Operations Center (SROC) (Project) with Gilmore
Electric Company, Inc. (Contractor) in the amount of $178,584.77 and add 343
calendar days to the substantial and final completion dates. SUMMARY:
On March 13, 2018, the Board of
County Commissioners (BCC) approved the Water Utilities Department (WUD)
Contract for the Generator Lug Boxes at WTPs 2, 3, 8, 9 & SROC (R2018-0290)
(Contract). The Project
provides for the construction of generator connection lug boxes with permanent underground
and overhead conduits. CO No. 4 provides for additional modifications to the
neutral wire configuration and use of new flexible cables to improve the safety
of our Operations and Maintenance personnel. CO No. 4 will increase the
Contract amount by $178,584.77 and add 343 calendar days to the substantial and
final completion dates. 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 100% SBE participation. CO No. 4 includes 100% SBE participation. The
cumulative SBE participation including CO No. 4 is 100%. Contractor is headquartered in Palm Beach
County. The Project is included in the WUD FY20 budget. (WUD Project No. 17-023)
Districts 2 & 5 (MJ)
3. Staff recommends
motion to approve: Amendment No. 2 to the Contract for Consulting/Professional Services Lift Station Rehabilitation
Project B (Contract) with Mock, Roos & Associates, Inc. (Consultant) to
extend the project schedule by 486 calendar days and increase the not to exceed
amount by $198,766.92. SUMMARY: On September 13, 2016, the Board of County
Commissioners (BCC) approved the Water Utilities Department (WUD) Contract
(R2016-1172) with Consultant to provide engineering services during the design, permitting, bidding and construction
phases for the Lift Station Rehabilitation Project B (Project) which includes
the rehabilitation of 60 lift stations. Amendment
No. 2 to the Contract provides for the performance of additional project
management, survey, engineering design and permitting support services as requested
by WUD. These additional services are related to revised requirements occurring
after the Contract was executed. 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 by the 2002 SBE
Ordinance was 15% overall participation. The Contract provides for 96% SBE
participation. Amendment No. 2 includes an overall SBE participation of 100%.
The cumulative SBE participation including Amendment No. 2 is 100%. Consultant is a Palm Beach County company.
The Project is included in the WUD FY20
budget. (WUD Project No. 15-096B)
Countywide (MJ)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve an agreement with the Palm Beach County
Fishing Foundation, Inc. (PBCFF) providing donated artificial reef material in
exchange for placing the material within permitted artificial reef sites for an
amount not to exceed $300,000 beginning January 1, 2020 and ending December 31,
2022, including naming the sites “Reef Dart Reef”;
B) adopt a resolution authorizing the Clerk of the
Court to disburse $300,000 from the Vessel Registration Fee Trust Fund to
provide the necessary funding for the placement of artificial reef material;
C) approve a budget transfer of $300,000 from the
reserves in the Environmental Enhancement Non-Specific Fund to the PBCFF Reef
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 with the PBCFF provides for PBCFF’s donation of Palm Beach County
(County) approved artificial reef material and temporary storage for artificial
reef units. The County will cover the
cost to load, transport, and place the reef material at one or more permitted
County artificial reef sites, with funding of $300,000 from the Vessel
Registration Fee Trust Fund. Countywide (SS)
2. Staff recommends
motion to:
A) approve the State of Florida Department of Environmental Protection (FDEP)
Standard Grant Agreement No. LPA0072 (Agreement) for an amount not to exceed $160,000
providing for geotechnical engineering and seepage analysis for the Loxahatchee
River Watershed Hydrological Refinements Phase I Project (Project) beginning
upon contract execution and expiring December 31, 2021;
B) approve a budget amendment
of $160,000 in the Natural Areas Fund to recognize the grant revenue from FDEP
and a transfer of $160,000 to the Project to provide for the County cost share; 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 substantially
change the scope of work, terms, or conditions of the Agreement.
SUMMARY: The Agreement provides 50% of the cost
share and reimburses the County up to $160,000 for geotechnical engineering and
seepage analysis to define the best method to maintain wet season water levels
and quantify the increased water storage on Loxahatchee Slough and Hungryland
Slough Natural Areas which are major contributors of freshwater to the
Loxahatchee River. The County will
provide up to $160,000 for the Project, using available funds in the Natural
Areas Fund, for a total project cost of $320,000. District 1 (SS)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the
following five executed Independent Contractor Agreements:
A) M. Regina Rodrigues, Gentle Yoga and TRIP at
CMAA Therapeutic Recreation Complex, for the period of October 1, 2019 through
September 30, 2020 in an amount
not to exceed $1,050;
B) M. Regina Rodrigues, Gentle Yoga Adult/Seniors
at CMAA Therapeutic Recreation Complex, for the period of October 1, 2019
through September 30, 2020 in an amount not to
exceed $7,800;
C) Gold Coast Gymnastics, Inc., Youth Gymnastics
at West Boynton Recreation Center, for the period October 3, 2019 through June
4, 2020 in an amount not to exceed $5,656;
D) Modern Bujustu Karate Florida, Inc, Martial
Arts at West Boynton Recreation Center, for the period October 2, 2019 through
August 7, 2020
in an amount not to exceed
$10,632; and
E) Shelly M. Janssen, Youth Dance at West Boynton
Recreation Center, for the period October 1, 2019 through June 6, 2020 in an amount not to exceed $44,835.
SUMMARY: These Independent Contractor
Agreements have been fully executed on behalf of the Board of County
Commissioners (BCC) by the County Administrator and Director of the Parks and
Recreation Department in accordance with Resolution 94-422, amended by
Resolutions 2002-2103, 2007-0409, 2012-0168 and 2017-0822. The Department is now submitting these agreements
in accordance with County PPM CW-O-051, which requires all delegated agreements
to be submitted by the initiating Department to the BCC as a receive and file
agenda item. District 3 (AH)
2. Staff recommends
motion to:
A) ratify
the Mayor’s signature on a Florida Recreation Development Assistance
Program (FRDAP) grant application submitted to the State of Florida Department
of Environmental Protection (FDEP) on October 10, 2019, requesting $200,000 to
fund the project elements associated with the development of Canyon District
Park;
B) authorize the County Administrator or designee to execute the grant Project
Agreement, time extensions, task assignments, certifications, standard forms,
or amendments to the Agreement that do not change the terms and conditions of
the Agreement if the grant is approved; and
C) authorize the Director of the Parks and Recreation Department to serve as designee
with FDEP for this project.
SUMMARY: This grant
application requests $200,000 from FRDAP for the development of Canyon District
Park. Project elements include three
new multipurpose fields, picnic facilities, playground, exercise/hiking trail,
restroom, and parking and associated infrastructure. The grant request is for $200,000 and will
be matched with $200,000 from Zone 3 Impact fees. If
the grant is awarded, and once the project is completed, the Project Agreement
requires a Notice of Limitation of Use to be recorded in public records
limiting the project site to outdoor recreation in perpetuity.
District 5 (AH)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to:
A)
accept the donation of
$51,360 from the Friends of the Mounts Botanical Garden, Inc. (Friends) for the
display of Ribbit the Exhibit, by J Cobb Group which includes $1,360 in County
staff charges for the County Public Art Administrator’s role in contract
management, siting and risk management compliance;
B)
accept the donation of
$1,190 which is a reduction of $110,000 from the original amount. This will be
used for County staff charges for the County Public Art Administrator’s role in
contract management, siting, and risk management compliance for services
rendered in the Big Bugs Exhibition which was cancelled by the artist on the
same day it was approved by the Board of County Commissioners on October 8,
2019; and
C) approve
a budget amendment in the Cooperative Extension Revenue Fund (Fund 1482) in
the amount of $58,640 which resulted from the decrease of the Big Bugs Exhibit
and an increase from the donation for the Ribbit Exhibit.
SUMMARY: The Friends agreed to fund all the costs
associated with a previous exhibition entitled “Big Bugs Exhibition” that was
to take place at the Mounts Botanical Garden on January 10, 2020 through May
10, 2020. An agenda item for this
exhibition was brought before the Board of County Commissioners on October 8,
2019 and was approved. On that same day,
and after approval of the agenda at the BCC meeting, the Friends were advised
that the artist, David Rogers Big Bugs, Inc., abruptly retracted from the agreement
and the Big Bugs Exhibition will no longer take place at Mounts Botanical Garden. The Friends have an opportunity to have
another exhibit displayed at the Mounts Botanical Garden in its stead entitled
“Ribbit the Exhibit” during the months of January 2020 through June 2020.
Ribbit the Exhibit is substantially lower in costs than the previous Big Bugs
Exhibition ($111,190) and approval of this exhibit at this time will allow for
this exhibition to be displayed in a timely manner for the months of January
through June 2020. The Friends agree to fund all costs associated with Ribbit the
Exhibit which covers all expenses, equipment, installation and County staff
charges. This work will be led by
Facilities, Development & Operations/Art in Public Places Section and is
estimated to cost $51,360 to bring the Ribbit the Exhibit Exhibition to The
Mounts Botanical Garden of Palm Beach County from January through June
2020. The donation of $1,190 will
reimburse the County for staff charges for the County Public Art
Administrator’s role in contract management, siting and risk management services
rendered in the Big Bugs Exhibition. District 7 (AH)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve:
A) the appointment of one new member to the Criminal Justice Commission as
follows:
Appoint
Seat No. Requirement Nominated
by Term
Lauren
Whetstone 24 Private Sector Economic Council 01/01/20-12/31/22
B) the reappointment of four members to the Criminal Justice Commission as
follows:
Reappoint
Seat No. Requirement Nominated
by Term
George Elmore 20 Private
Sector Economic Council 01/01/20 -12/31/22
Douglas Duncan 21 Private Sector Economic
Council 01/01/20 -12/31/22
Barbara Cheives 23 Private
Sector Economic Council 01/01/20 -12/31/22
Rachel Docekal 29 Private
Sector Economic Council 01/01/20 -12/31/22
SUMMARY: The CJC is comprised
of 32 members including elected officials and representatives from private and
public sectors. Ten private sector members are nominated for three-year terms
by the Economic Council of Palm Beach County, Inc. (Council), and appointed by
the Board. The Council has nominated Mr. George T. Elmore, Mr. Douglas Duncan,
Ms. Barbara Cheives for their third and final terms and Ms. Rachel Docekal for
a second term. The Council has nominated Ms. Whetstone as a new appointment
replacing Barry Krischer who resigned from the CJC on September 23, 2019. Mr. George Elmore has
disclosed that he is employed by Hardrives of Delray, Inc., which frequently
bids on County Engineering contracts. There is one current engineering contract
in place. The CJC provides no regulation, oversight, management, or policy
setting recommendations regarding or related to this contract. Disclosure of
this contractual relationship is being provided in accordance with the
provision of Section 2-443 of the Palm Beach County Code of Ethics. The Board has 32 seats, 31 seats currently filled and a
diversity count of Caucasian: 23 (76%), African-American: 8 (26%) and Hispanic:
0 (0%). The gender ratio (female: male) is: 12:19. The five nominees include
two Caucasian males, one African-American female and two Caucasian females. Countywide (DMC)
DECEMBER 3, 2019
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) receive
and file the electronically executed Federal Transit Administration (FTA)
Application 1098-2017-2 for $8,007,681 (R2019-1456);
B) receive
and file the electronically executed Federal Transit Administration (FTA) Application
1098-2018-3 for $12,866,555 (R2019-0370);
C) receive
and file the electronically executed Federal Transit Administration (FTA)
Application 1098-2018-2 for $39,014,729 (R2019-0371); and
D) approve an upward
budget amendment of $6,925,000 in Palm Tran’s
Grants Fund 1341 to recognize the grant award.
SUMMARY:
The electronic documents have been fully executed on behalf of the BCC
by Palm Tran through the County Administrator in accordance with R2019-1456, 0370
& 0371, which delegated authority to execute, and to transmit
electronically the BCC’s approval of the grant application, award and resulting
grant agreement. In accordance with County PPM CW-F-003, a signed copy of
agreements executed under delegated authority must be placed on the BCC’s agenda
as a receive and file. The executed documents are now being submitted to
the BCC to allow the Clerk’s Office to receive and file. Countywide
(DR)
BB. YOUTH SERVICES
1. Staff recommends
motion to approve: a contract for
Consulting/Professional Services with Speak Up for Kids of Palm Beach County,
Inc., for the period October 1, 2019 through September 30, 2020, in an amount
of $100,000 for continued funding of two full-time positions for the Guardian
Ad Litem Program. SUMMARY: Speak Up for Kids of Palm Beach County,
Inc. (Speak Up for Kids) is a 501(c)(3) Florida non-profit corporation that
supports the Guardian Ad Litem Program (GAL) within the 15th
Judicial Circuit. Speak Up for Kids
ensures that GAL can recruit, train and support more GAL Volunteer Child
Advocates and advocates for the abused, abandoned and neglected children in the
County’s dependency system, facilitating their development, ensuring their
right to a safe and permanent home, and building their future. Speak Up for
Kids currently supports GAL with more than 20 full-time and part-time
positions, including positions that are grant funded by the Office of the
Florida Attorney General, and is quite familiar with GAL complexities and
strives to have a GAL volunteer, trained and court-appointed, for all abused,
abandoned and neglected children. For the last two years, the Board of County
Commissioners provided funding to allow Speak Up for Kids to hire two full-time
employees; a Child Advocate Manager (CAM) and an Administrative Specialist
(AS), along with associated operational expenses. The CAM will continue to
assist in alleviating heavy caseloads of current CAMs. The AS will continue to
provide administrative support in the Juvenile Court System Division. This contract
allows for continued funding of those two positions in FY2020. The effective date of service for this contract
is October 1, 2019. Countywide (HH)
* * * * * * * * * * * *
DECEMBER 3, 2019
A. Proclamation
declaring December 3, 2019 as Hundley Farms Day in Palm Beach County (Sponsored
by Commissioner McKinlay)
B. Proclamation
declaring December 2019 as Palm Beach County Disability Employment Awareness
Month in Palm Beach County (Sponsored by Vice Mayor Weinroth)
C. Proclamation
declaring December 8, 2019 as George Elmore Day in Palm Beach County (Sponsored
by Commissioner McKinlay)
* * * * * * * * * * * *
DECEMBER 3, 2019
A. ADMINISTRATION
1. Staff recommends
motion to receive and file: a briefing presentation by Colonel Andrew
Kelly, Commander and District Engineer of the U.S. Army Corps of Engineers,
Jacksonville District, focusing on Corps activities and regional water
conditions. SUMMARY: As requested by Commissioner McKinlay and
directed by the Board of County Commissioners on November 5, 2019, staff has
arranged a briefing on regional water issues by Colonel Andrew Kelly of the U.S. Army Corps of Engineers. Colonel Kelly is the Commander and District
Engineer of the Jacksonville District Office of the U.S. Army Corps of
Engineers. Accompanying Colonel Kelly
will be Deputy District Engineer Tim Murphy and Howie Gonzales, Chief of the
Ecosystems Branch. Copies of the
presentation will be distributed upon receipt prior to the meeting date. Countywide (MJ)
2. Staff requests
motion to authorize: the Mayor’s signature on a letter to the South
Florida Water Management District (SFWMD) recommending that SFWMD communicate
their support of the Loxahatchee River Watershed Restoration Project (Project)
to the U.S. Army Corps of Engineers (USACE) and requesting SFWMD to collaborate
with the County on alternative water resources solutions. SUMMARY: In addition to supporting efforts by SFWMD
and USACE to restore the Loxahatchee River watershed, the letter formally requests
that SFWMD collaborate with the County to pursue alternative water resources
solutions that: 1) address County and stakeholder concerns with a single
element of the Project, the proposed Mecca reservoir; 2) achieve ecosystem
restoration goals that are not being addressed by the Project; and 3) are
compatible with other SFWMD efforts to achieve state-mandated water quality
initiatives within the County. The letter also requests that SFWMD’s letter of
support to USACE and/or the accompanying resolution for the Project include
language that: 1) recognizes the County’s concerns with the Mecca reservoir; 2)
communicates SFWMD’s support of a joint SFWMD-County effort to evaluate the
feasibility of complementary water resources projects as described above; and
3) requests that USACE coordinate with SFWMD and the County during future
Project-related activities such as the development of project partnership
agreements, sequencing plans and design activities. The SFWMD Governing Board
is considering the transmittal of a letter of support to USACE for the Project
at their December 12, 2019 meeting. Countywide (MJ)
DECEMBER 3, 2019
5. REGULAR AGENDA
B. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: the
research study conducted by Downs & St. Germain commissioned by the Palm
Beach County Sports Commission (Sports Commission) to measure the 2019 economic
impact that Major League Baseball (MLB) had on Palm Beach County. This
study was commissioned and paid for by the Sports Commission with tourist
development funds approved in the FY2019 annual budget. SUMMARY: The research group of
Downs & St. Germain submitted a report on the economic impact that MLB had
on Palm Beach County during the 2019 Spring Training season. This report found
that the four teams (Miami Marlins, St. Louis Cardinals, Washington Nationals,
and Houston Astros) combined drew an attendance of 270,857 of which 54% or 146,263
attendees traveled from outside of Palm Beach County, occupying 53,800 hotel
room nights. The overall economic impact from the two stadiums was $70.1
million, with visitation impact of $51 million and $19.1 million in team
spending. FITTEAM Ballpark of the Palm Beaches created $37,599,300 of economic
impact while Roger Dean Stadium generated $32,546,200 of economic impact.
Palm Beach County is the only County to accommodate four MLB teams, two of
which competed against each other in the 2019 World Series. This World Series
performance is expected to drive a higher number of visitors to our ballparks
in 2020 as the FITTEAM Ballpark of the Palm Beaches is host to both the Houston
Astros and the Washington Nationals. In addition to MLB, some of the largest
amateur baseball tournaments are taking place at FITTEAM Ballpark of the Palm
Beaches and Roger Dean Chevrolet Stadium creating year-round activity. Countywide
(DC)
C. ENGINEERING & PUBLIC WORKS
1. Staff requests
Board direction: establishing a
policy to allow the installation of license plate readers (LPRs) within Palm
Beach County (County) maintained right-of-way (ROW) for law enforcement
purposes only, as requested by local law enforcement agencies and
municipalities. Staff recommends allowing LPRs within County maintained ROW and
recommends that the LPRs approval process be handled through the County’s
existing ROW permit process. SUMMARY:
Local law enforcement agencies and municipalities within the County have
requested the installation of LPRs on standalone poles within County ROW as
well as on County maintained traffic signal support structures located within
County maintained ROW, and on County maintained traffic signal support structures
located within Florida Department of Transportation (FDOT) and municipally
maintained ROW. LPRs provide personal information from license plate images to
law enforcement agencies in support of their official duties and serve a public
purpose by enhancing the safety and security of the public. Approval of LPRs in FDOT ROW is not being
considered at this time. Since this is the first of future requests, staff is
seeking Board direction allowing LPRs on County ROW and is recommending using
the existing permit process for review and approval of the installation of LPRs
within County ROW. Staff would issue the ROW permit, with a condition that the
LPRs will be used only for law enforcement purposes. LPRs shall be installed in
a manner so as not to interfere with the operation and maintenance of traffic
signals and associated support structures. The permit applicant shall be solely
responsible for all costs associated with the installation, operation,
maintenance, and removal of the LPRs. Countywide (YBH)
D. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A) approve a Term Sheet which
identifies the key provisions of a Developer Agreement (New DA) and Sports
Facility Use Agreement (New SFUA) with Jupiter Stadium Ltd (JSL) to: 1)
facilitate renovation of the Roger Dean Chevrolet Stadium (RDCS) and 2) extends
JSL’s use rights through April 2, 2048; and
B) authorize County Administrator or
designee to commence negotiations of a New DA and New SFUA.
SUMMARY: On July 9, 1996, the County
and JSL entered into a Developer Agreement (Original DA R96-879D, as amended by
R96-2117 and R97-2068) and Sports Facility Use Agreement (Original SFUA
R96-0877D as amended) to develop and operate a two-team spring training
facility, now known as RDCS, and occupied by the St. Louis Cardinals and Miami
Marlins, collectively referred to as the Teams.
On May 3, 2011, the County and JSL entered into the First Restated
Sports Facility Use Agreement (1SFUA R2011-0694) which replaced the Original
SFUA. The purpose of the 1SFUA was to add provisions for sharing in the
renewal/replacement program costs, and extending the term until April 30, 2027.
Despite the 1SFUA term being through April 30, 2027, it contained an early
termination option which could be exercised at any time after April 2017 in the
event that there were less than four major league clubs conducting their spring
training in the Southeast Florida Corridor. That early termination option was
eliminated with the BCC’s execution of the Developer and Sports Facility Use
Agreement with HW Spring Training Complex. LLC (HWDA R2015-1071 as amended and
HWSFUA R2015-1072 as amended) for the construction of the FitTeam Ballpark of
the Palm Beaches (FTBTPB). The term of the HWSFUA extends through April 2, 2048
and the BCC was aware at the time of approval of the HWDA and HWSFUA that a New
DA and New SFUA for RDCS would be required to renovate the RDCS and extend the
term of the New SFUA to April 2, 2048; so that the terms of the two agreements
were identical. The proposed scope of work for the RDCS Project include
renovations and expansions in the public spaces, shared spaces and team use
spaces in the amount of $111,000,000. In order to potentially construct
additional Tourism Enhancements as part of the Project, JSL has the option to
request that the BCC sell bonds in an amount not to exceed $126,000,000 with
JSL paying all debt service for the larger amount. Attachment B to this item
describes the proposed improvements and explains why the public and shared use
improvements are characterized as Tourism Enhancements; both from the spring
training visitor experience and in terms of year round events. The Term Sheet
(Attachment C to this agenda item) identifies the key terms of the New DA and
New SFUA. The most substantial difference between the FTBTPB Agreements and the
proposed RDCS Agreements are that: 1) the County’s financial risk is capped; 2)
the present value of the County’s contributions to debt service are slightly
less than the value of those Tourism Enhancements improvements with the State
and JSL contributions to debt services funding the remainder; and 3) the Teams
are committing to escalate, throughout the term of the New SFUA, the value of
each Team’s annual marketing/promotion contribution equating to $6,746,520 in
additional marketing services over the life of the agreement, when compared to
the HWSFUA. Consistent with the requirements of the HWDA, JSL will be
responsible for managing the contract with the construction manager selected to
build the renovations/ expansion; however, JSL is required to: 1) bid
subcontractor’s packages based on 90% construction documents, 2) comply with all
requirements of the Equal Business Opportunity Ordinance, and 3) implement all
other programs designed to protect subcontractors, that are included in the
current version of FDO’s standard construction contract. This item has no
fiscal impact but the fiscal impact will be fully identified when the New DA
and the New SFUA are presented the BCC for approval in the future. The funding source for this future
obligations will be from the 1st and 4th Cent Bed Tax and
there is no ad valorem contribution, other than staff time. The Tourism
Development Council (TDC) considered this item at their November 14, 2019 and
November 26, 2019 meeting and recommended alternate deal terms which include:
1) renewal/ replacement (R/R) expenses being lowered by $500,000 annually in FY
2021 through FY 2033 across all TDC funded assets by deferring projects; and 2)
reducing the present value of the County’s contribution to that of the State’s
contribution. To implement this recommendation, JSL would have to: 1) reduce
the scope of the project to reduce the Project cost, and/or 2) fund the
difference resulting from the reduced County contribution. (FDO Admin) Countywide
(MWJ)
RECESS
AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE CHILD CARE
FACILITIES BOARD
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DECEMBER 3, 2019
6. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE CHILD
CARE FACILITIES BOARD
A. HEALTH DEPARTMENT
1. Staff recommends
motion to approve: the
reappointment of one member to the Child Care Advisory Council for a second
term of three years to fill the position that requires representation by a
family child care provider and will expire September 30, 2022.
NOMINEE: SEAT #: REQUIREMENT: NOMINATED BY:
Mary L. Morris 2 Represents and
operates Staff
a
family child care home
as
a private enterprise.
SUMMARY: The Child Care Advisory Council, nominated by staff and confirmed
by the BCC, is comprised of seven members who serve at the pleasure of the
Board of County Commissioners. The Palm Beach County Health Department shall
serve as staff to the Council. The Board must consist of two members who
represent and operate private child care facilities in Palm Beach County, one of
whom operates a family day care home or large family child care home; one
member who represents and operates a parochial child care facility in Palm
Beach County; one consumer protection enforcement official; one member for fire
protection, engineering or technology; one member who, at the time of
appointment, was the parent of a child attending a child care facility in Palm
Beach County; and one representative from the Florida Department of Children and Families. A memo
requesting support was sent to all BCC members on October 31, 2019 and no
additional nomination recommendations were received. Mary L.
Morris has been a licensed family child care operator in Palm Beach County for
the past 16 years. With this approval,
the Council will consist of seven members: two African-American (28.6%) and
five Caucasian (71.4%). The gender ratio (female:male) is 6:1. Countywide
(HH)
* * * * * * * * * * * *
ADJOURN
AS THE CHILD CARE FACILITIES BOARD
RECOVENE
AS THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 3, 2019
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 3, 2019
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: the updated Board Directive Reports which
include in process and completed board directive items. SUMMARY: At the
February 6, 2018 Board of County Commissioners Meeting, direction was given to
the County Administrator to submit monthly a status report of the board
directives. The report categorizes: 1) In Process Items and 2) Completed Items. The report
continues to be updated on an on-going basis. Countywide (DN)
B. COUNTY
ATTORNEY
DECEMBER 3, 2019
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
DECEMBER
3, 2019
10. MATTERS BY THE PUBLIC – 2:00 P.M.
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DECEMBER 3, 2019
11. 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."