February 9, 2021
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
FEBRUARY 9, 2021
PAGE ITEM
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
FEBRUARY 9, 2021
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 6-30)
4. SPECIAL
PRESENTATIONS (Page 31)
5. PUBLIC HEARINGS - 9:30 A.M. (Page 32)
6. REGULAR AGENDA (Pages 33-38)
7. BOARD APPOINTMENTS (Page 39)
8. STAFF
COMMENTS (Page 40)
9. BCC
COMMENTS (Page 41)
10. ADJOURNMENT (Page 42)
* * * * * * * * * * *
FEBRUARY 9, 2021
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Task order to contract with W.F. Baird &
Associates Ltd. Incorporated related to FEMA coordination and Flood Insurance
Rate Maps
B. CLERK OF THE CIRCUIT COURT & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 6
3C-1 Contract with Hardrives of Delray, Inc. for
the Palmetto Park Road, SW 7th Avenue to SW 5th Avenue
project
Page 7
3C-2 Work order to contract with Ranger
Construction Industries, Inc. for the Woolbright Road from Hagen Ranch Road to
Military Trail project
3C-3 Work order to contract with Ranger
Construction Industries, Inc. for the Hypoluxo Road from Jog Road to Military
Trail project
Page 8
3C-4 Work order to contract with Ranger
Construction Industries, Inc. for the Kimberly Boulevard from State Road 7 to
Lyons Road project
3C-5 Work order to contract with Ranger
Construction Industries, Inc. for the Northlake Boulevard from Alternate A1A to
US 1 project
Page 9
3C-6 Work order to contract with Ranger
Construction Industries, Inc. for the Alexander Run from Randolph Siding Road
to Indiantown Road project
3C-7 Change order to contract with Hardrives of
Delray, Inc. for a time extension for the Roebuck Road from Jog Road to
Haverhill Road, project
Page 10
3C-8 Work task order to contract with Propel
Engineering, Inc. for the Haverhill Road from south of Ceceile Avenue to north
of Century Boulevard project
3C-9 Agreement with Colors Le Palais of Boynton
Beach Homeowners Association, Inc. for enforcement of traffic laws by the Palm
Beach County Sheriff’s Office
3C-10 Resolution approving the Local Agency Program
agreement with the State of Florida Department of Transportation for services
related to the Belvedere Heights Phase I project
Page 11
3C-11 Contract with CDM Smith Inc. for the Stormwater
Geographic Information System Mapping and Infrastructure Database Development
project
E. COMMUNITY SERVICES
Page 11
3E-1 Ratify the Mayor’s signature on the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. State General Revenue
Program Service Provider Application for various services to seniors
Page 12
3E-2 Amendment to agreement with the Area Agency
on Aging of Palm Beach/Treasure Coast, Inc. for the Emergency Home Energy
Assistance Program for various services to seniors
Page 13
3E-3 Contract with The Arc of Palm Beach County,
Inc. for services for people with intellectual and developmental disabilities
to explore careers
3E-4 Interlocal agreement with The School Board
of Palm Beach County for services in the economic stability service category
FEBRUARY 9, 2021
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 13
3F-1 Resolution
delegating authority to the County Administrator or designee to execute
Supplemental Joint Participation Agreements and Termination Agreements with the
Florida Department of Transportation
Page 14
3F-2 Amendment
to agreement with AECOM Technical Services, Inc. for planning and design
services related to the Palm Beach County Airports Capital Improvement Program
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 15
3H-1 Mortgagee’s Joinder and Consent to a Public
Access Sidewalk Easement in favor of the City of West Palm Beach related to The
Raymond F. Kravis Center for the Performing Arts, Inc.
3H-2 Contract with Song & Associates, Inc. for
services related to the new Mosquito Control Division Compound project
Page 16
3H-3 Receive and file five executed documents
received during the months of October and December 2020
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 17
3I-1 Impact Fee Affordable Housing Assistance
Program funding to BLP Homes, LLC
3I-2 Impact
Fee Affordable Housing Assistance Program funding to The W. 30th
Riviera Land Trust, HRY Development
Page 18
3I-3 Impact
Fee Affordable Housing Assistance Program funding to Riviera Hankinhomes Land
Trust, HRY Development
Page 19
3I-4 Impact
Fee Affordable Housing Assistance Program funding to Riviera Hankinhomes 2 Land
Trust, HRY Development
Page 20
3I-5 Impact
Fee Affordable Housing Assistance Program funding to Wells Landing Apartments,
LLC
Page 21
3I-6 Impact
Fee Affordable Housing Assistance Program funding to ME-ST, LLC
3I-7 Budget
transfer from the Cares Act Relief Fund to the U.S. Department of Housing and
Urban Development Loan Repayment Account for small business assistance
K. WATER UTILITIES
Page 22
3K-1 Three
Partial Release of Utility Easements
3K-2 Contract
with CDM Smith Inc. for System-Wide Force Main Evaluation
Page 23
3K-3 Receive and file Standard Potable Water and
Wastewater Development Agreement and Renewal Agreement received during the
months of September, October and November, 2020
3K-4 Consultant Services Authorization to
contract with Stantec Consulting Services Inc. for the Capital Improvement Plan
Program Management
FEBRUARY 9, 2021
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 24
3L-1 Appointment of Commissioner Maria G. Marino
as Palm Beach County’s representative for voting at the landowner’s meeting of
the Palm Mar Water Control District
M. PARKS & RECREATION
Page 24
3M-1 Receive and file two Independent Contractor
Agreements
Page 25
3M-2 Budget transfers to Okeeheelee Park Parking
Expansion and Special Events Area projects
3M-3 Standard
Independent Contractor Agreement for use when contracting with recreation
instructors and sports officials
X. PUBLIC SAFETY
Page 26
3X-1 Receive and file purchase order from the
Florida Department of Corrections for adult reentry services
3X-2 Receive
and file contract with Barry University, Inc. for services related to human
trafficking
Z. RISK MANAGEMENT
Page 27
3Z-1 Receive and file contract with Diagnostic
Centers of American, LLC for provision of certain medical services
AA. PALM TRAN
Page 27
3AA-1 Resolution approving a FY2021 Public Transportation Grant Agreement
for urbanized public transportation
Page 28
3AA-2 Resolution approving a FY2021 Public Transportation Grant Agreement
for non-urbanized area public transportation
3AA-3 Agreement with the Lakes of Delray, Inc. for
provision of transportation services
CC. SHERIFF
Page 29
3CC-1 Budget transfer from the Law
Enforcement Trust Fund
DD. TOURIST DEVELOPMENT COUNCIL
Page 30
3DD-1 Receive and file FY 2021 Covid Recovery Grant Agreement for the
promotion of The Tim Rand Invite
SPECIAL PRESENTATIONS
Page 31
4A COVID-19 Update by Dr. Alonso and County
Staff
FEBRUARY 9, 2021
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
NONE
REGULAR AGENDA
A. HOUSING AND ECONOMIC SUSTAINABILITY
Page 33
6A-1 HOME Investment Partnerships Program funding
increase to New Urban Community Development Corporation, Inc. for the Henrietta
Townhomes project
B.
FACILITIES DEVELOPMENT AND OPERATIONS
Page 34
6B-1 Quit Claim Deed in favor of Judith A. Hoover
release county interest in a strip of right of way within The Palm Beach Farms
Co. Plat No. 3
Page 35
6B-2 Extension of deadline for LJL Food
Management, Inc. to complete construction of improvements of restaurant space
within the Governmental Center Parking Garage
C. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 36
6C-1 Resolution supporting the State of Florida’s
activities to monitor, analyze, protect and restore the quality of water
resources
D. AIRPORTS
Page 36
6D-1 Corrective
Action Plan required by Federal Aviation Administration
Page 37
6D-2 Airport
Medical Testing Center Agreement with Helix Virtual, Inc. for COVID-19 testing
to airport passengers and employees
E.
ADMINISTRATION
Page 38
6E-1 Direction
regarding a resolution opposing
elimination of statutory authorization for regional planning councils in
Florida as proposed in Senate Bill 62 or similar proposed legislation
BOARD
APPOINTMENTS
Page 39
7A-1 Appointments
to the Commission on Affordable Housing
STAFF COMMENTS (Page 40)
COMMISSIONER COMMENTS (Page 41)
ADJOURNMENT (Page 42)
FEBRUARY 9, 2021
A. ADMINISTRATION
1. Staff recommends
motion to approve: Task Order No. 1778-05 to a continuing Contract (R2019-1778) (Contract) with W.F.
Baird & Associates Ltd Incorporated (Consultant) for professional
engineering services to develop technical information for use during future
Federal Emergency Management Agency (FEMA) coordination and to support the
future submittal of a formal appeal of the FEMA preliminary Flood Insurance
Rate Maps (FIRMs) for eastern Palm Beach County (Project) for a total amount of
$111,790. SUMMARY: On November 19, 2019, the Board of County
Commissioners (BCC) approved the Consultants’ Competitive Negotiation Act
Contract (R2019-1778) with the Consultant, a Palm Beach County company, for professional coastal and marine
engineering services. Task Order No. 1778-05 provides for professional
engineering services in support of the development of technical information for
use during future FEMA coordination and to support the submittal of a formal
appeal, if directed by the BCC, of proposed changes to flood hazard information
within FEMA’s preliminary FIRMs and Flood Insurance Study for eastern Palm
Beach County, published in December 2019. This Contract was procured under the requirements of the Equal Business
Opportunity Ordinance and requires the Consultant to adhere to a 20% mandatory
Small Business Enterprise (SBE) subcontracting goal as the Affirmative
Procurement Initiative. The Consultant agreed to 25% SBE participation. Task
Order No. 1778-05 includes 0% SBE participation due to the highly specialized
nature of the work which will be performed by the Consultant. The cumulative
SBE participation including Task Order No. 1778-05 is 11.3%. The Project is
included in the Fiscal Year 2021 Budget. Districts 1, 2, 3, 4, 5 & 7
(MJ)
B. CLERK
OF THE CIRCUIT COURT & 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 Date Meeting Type
September
15, 2020 Regular
October
20, 2020 Regular
October
22, 2020 Zoning
3. 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 contract with Hardrives of Delray, Inc.
(HDI) in the amount of $4,337,120.16 for the construction of Palmetto Park
Road, SW 7th Avenue to SW 5th Avenue (Project). SUMMARY:
Approval of this contract will provide the construction services necessary to
undertake the Project. Work will include replacing the bridge, widening the
roadway, adding sidewalk and installing drainage improvements. The Affirmative
Procurement Initiative selected for this contract on September 17, 2020 by the
Goal Setting Committee is a 20% minimum mandatory Small Business Enterprise
(SBE) participation. HDI agreed to 20.3% SBE participation. The City of Boca
Raton shall be responsible for operation and maintenance of their requested
utility work upon completion of the Project. HDI was the lowest responsive
bidder of three. The contract time for the Project is 400 calendar days. HDI is
a Palm Beach County based company. This Project is included in the Five-Year Road Program.
District 4 (YBH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff
recommends motion to approve: Work Order 2018051-151 in the amount of $1,062,000 to mill and resurface
Woolbright Road from Hagen Ranch Road to Military Trail 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 improvements. Prior to this meeting date,
approximately $36 million of Ranger’s $48.5 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. Due to the
limited availability of qualified certified SBE subcontractors, the Office of
Equal Business Opportunity issued a waiver on January 17, 2020 that reduced the
mandatory SBE participation to 5%. On June 2, 2020 the second renewal was
approved, and continued with the reduced mandatory SBE participation of 5%.
Ranger agreed to 5% SBE participation for this work order. Work orders approved
on this meeting date will result in a cumulative SBE participation of 8.8% for
all the work orders issued under the Contract. District 5 (YBH)
3. Staff recommends
motion to approve: Work Order 2018051-152 in the amount
of $1,173,000 to mill and resurface Hypoluxo Road from Jog Road to Military
Trail 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 improvements. Prior to this meeting date, approximately $36 million of
Ranger’s $48.5 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. Due to the limited
availability of qualified certified SBE subcontractors, the Office of Equal
Business Opportunity issued a waiver on January 17, 2020 that reduced the
mandatory SBE participation to 5%. On June 2, 2020 the second renewal was
approved, and continued with the reduced mandatory SBE participation of 5%.
Ranger agreed to 5% SBE participation for this work order. Work orders approved
on this meeting date will result in a cumulative SBE participation of 8.8% for
all the work orders issued under the Contract. District 3 (YBH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to approve: Work Order 2018051-153 in the amount
of $365,000 to mill and resurface Kimberly Boulevard from State Road 7 to Lyons
Road 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
improvements. Prior to this meeting date, approximately $36 million of Ranger’s
$48.5 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. Due to the limited availability of
qualified certified SBE subcontractors, the Office of Equal Business
Opportunity issued a waiver on January 17, 2020 that reduced the mandatory SBE
participation to 5%. On June 2, 2020 the second renewal was approved, and
continued with the reduced mandatory SBE participation of 5%. Ranger agreed to
5% SBE participation for this work order. Work orders approved on this meeting
date will result in a cumulative SBE participation of 8.8% for all the work
orders issued under the Contract. District 5 (YBH)
5. Staff recommends
motion to approve: Work Order 2018051-154 in the amount
of $588,000 to mill and resurface Northlake Boulevard from Alternate A1A to US
1 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
improvements. Prior to this meeting date, approximately $36 million of Ranger’s
$48.5 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. Due to the limited availability of
qualified certified SBE subcontractors, the Office of Equal Business
Opportunity issued a waiver on January 17, 2020 that reduced the mandatory SBE
participation to 5%. On June 2, 2020 the second renewal was approved, and
continued with the reduced mandatory SBE participation of 5%. Ranger agreed to
5% SBE participation for this work order. Work orders approved on this meeting
date will result in a cumulative SBE participation of 8.8% for all the work
orders issued under the Contract. District 1 (YBH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve: Work Order 2018051-155 in the amount
of $260,000 to mill and resurface Alexander Run from Randolph Siding Road to
Indiantown Road 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 improvements. Prior to this meeting date,
approximately $36 million of Ranger’s $48.5 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. Due to the
limited availability of qualified certified SBE subcontractors, the Office of
Equal Business Opportunity issued a waiver on January 17, 2020 that reduced the
mandatory SBE participation to 5%. On June 2, 2020 the second renewal was
approved, and continued with the reduced mandatory SBE participation of 5%.
Ranger agreed to 5% SBE participation for this work order. Work orders approved
on this meeting date will result in a cumulative SBE participation of 8.8% for
all the work orders issued under the Contract. This project is included in the infrastructure sales tax. On
September 15, 2020, the BCC advanced the funding for this infrastructure sales
tax project from FY2023 to FY2020. District 1 (YBH)
7. Staff recommends
motion to approve:
A) Change Order No. 11 to the contract
(R2017-1196) with Hardrives of Delray, Inc. (Hardrives) in the amount of
$35,872.40 and a contract time extension of 45 days to remove and replace 791
linear feet of Type F Curb on Roebuck Road from Jog Road to Haverhill Road, and
at the Roebuck Road/Jog Road Intersection (Project); and
B) Change Order No. 12 with Hardrives in the
amount of $39,615.03 and a contract time extension of 20 days to adjust valve
boxes and manholes in unforeseen excessively thick asphalt pavement for the
Project.
SUMMARY: Per PPM CW-F-050, the total of these change
orders exceeds the threshold of $100,000 and allowable time extensions relating
to staff approvals of change orders to contracts, and requires the Board of
County Commissioners approval. Approval of these change orders will compensate
Hardrives for unforeseen additional work deemed necessary for the Project. The
time extension of 65 days changed the completion date to January 10, 2020. The
contract was approved on September 26, 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%.
Hardrives committed to 16% SBE participation. The SBE participation for Change
Order 11 is 28%, and the SBE participation for Change Order 12 is 0%. Their
cumulative SBE participation for this project, including these change orders,
is 13.8%. Based on pending change orders, Hardrives expects to achieve the 16%
SBE participation by final payment. The contract work is complete and the final
inspection was done on October 9, 2020. Districts 2 & 7 (YBH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to approve:
A) a Work Task Order (WTO) to the Annual Intersection Professional Services Contract (R2020-0542) dated June 2, 2020 (Contract) with Propel Engineering, Inc. (PEI) in the amount of $209,694.31 for Haverhill Road from south of Ceceile Avenue to north of Century Boulevard (Project); and
B) a budget transfer of $267,200 in the Road Impact Fee Fund – Zone
2 from reserves to appropriate developer contribution funding received from
Haverhill Commons to the Project.
SUMMARY: Approval of this WTO and budget transfer will provide the professional services necessary to widen Haverhill Road and provide a northbound right turn lane north of the Haverhill Road and Ceceile Avenue intersection. The Affirmative Procurement Initiatives selected for this Contract on May 1, 2019 by the Goal Setting Committee are a 20% minimum mandatory Small Business Enterprise (SBE) participation and an SBE Evaluation Preference. PEI agreed to 89% SBE participation for the Contract and the SBE participation for this WTO met that goal. The cumulative SBE participation to date including this WTO is 90.51%. PEI is a Palm Beach County based company and a certified SBE company. This Project is included in the Five-Year Road Program. Districts 2 & 7 (YBH)
9. Staff recommends
motion to approve: an agreement with Colors Le Palais of Boynton Beach
Homeowners Association, Inc. (Community) for enforcement of the traffic laws of
the state to be performed by the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Approval of this agreement
will authorize PBSO to provide enforcement of the traffic laws of the state
upon the private roadways during normal patrol hours within the Community. District
3 (YBH)
10. Staff recommends
motion to:
A) adopt
a resolution to approve the Local Agency Program (LAP) agreement with the State
of Florida Department of Transportation (FDOT) in the amount of $1,334,856 for
both construction and construction engineering inspection (CEI) of Belvedere
Heights Phase I (Project);
B) approve
the LAP agreement with FDOT which provides a federally funded grant in the
amount of $1,334,856 for both construction and CEI of the Project with an
expiration date of December 31, 2022;
C) approve
an Interlocal Agreement with Westgate Belvedere Homes Community Redevelopment
Agency (Westgate CRA); and
D) approve
a budget amendment of $1,827,866 in the Capital Outlay Fund to recognize the
LAP agreement funding from FDOT and reimbursement funding from Westgate CRA and
appropriate it to the Project.
SUMMARY: Approval of
this agreement will allow Palm Beach County (County) to receive a grant of
$1,334,856 for the Project with a current estimated construction and CEI cost
of $1,827,866. The local match of 26.97% is $493,010. The Project will provide
streetlights, sidewalks and sodding along County roads in the Westgate CRA
area. Approval of the Interlocal Agreement will recognize that the Westgate CRA
will be responsible for all costs above the grant amount and maintenance of the
improvements after construction is complete. The Code of Federal Domestic
Assistance (CFDA) number for this agreement is 20.205 Highway Planning and
Construction. District 2 (YBH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
11. Staff recommends motion to approve: a contract with CDM Smith Inc. (CDM) in the amount of $774,385.56 for professional engineering services for Stormwater Geographic Information System (GIS) Mapping and Infrastructure Database Development (Project). SUMMARY: Approval of this contract will provide the professional services necessary to prepare a GIS mapping and database development work plan that will recommend and initiate the implementation of best practices for data acquisition and management of Palm Beach County stormwater infrastructure. This Project will ensure compliance with state-issued permits and enable relevant stormwater infrastructure data and information to be acquired, organized, mapped and analyzed to assist in the identification of water quality, stormwater, and flooding problems. The Project will provide a framework for future asset management and replacement, vulnerability assessments and comprehensive water resources management planning. An additional deliverable will include the creation of a map of historical projects which will assist in the mapping of drainage facilities. The Affirmative Procurement Initiatives selected for this contract on February 5, 2020 by the Goal Setting Committee are a 15% minimum mandatory Small Business Enterprise (SBE) participation and an SBE evaluation preference. CDM contractually agreed to 18% SBE participation during selection for the contract and the SBE participation during negotiation exceeded that goal. CDM is a Palm Beach County based company. Countywide (YBH)
E. COMMUNITY SERVICES
1. Staff recommends
motion to ratify: the
Mayor’s signature on the Area Agency on Aging of Palm Beach/Treasure Coast,
Inc. (AAA), State General Revenue Program Service Provider Application, for the
period July 1, 2021 through June 30, 2022, for State funds, through AAA
totaling $3,043,592, for various services to seniors:
A) Community Care for the Elderly (CCE) Grant, in
the amount of $1,700,484, to assist seniors and caregivers by providing in-home
services to help seniors live independently;
B) Alzheimer’s Disease Initiative (ADI) Grant, in
the amount of $1,154,821, to assist seniors and caregivers by providing in-home
services to help seniors live independently; and
C) Home Care for the Elderly (HCE) Grant, in the
amount $188,287, to assist seniors and caregivers with the provision of care in
a family-type living arrangement as an alternative to institutional care.
SUMMARY: As a Lead Agency, the Community
Services Department’s Division of Senior Services (DOSS) provides case
management, adult day care services, and contracts with vendors to provide a
variety of in-home services to assist functionally impaired seniors living
independently at home. The CCE grant requires a 10% County match funding in the
amount of $176,821, as well as a County over match of $1,258,157 for the three
grants to cover staff salaries and administrative costs not covered by the
grants. Sufficient funding is available in the FY 2021 budget to meet program
needs. County match and additional funding required to meet FY 2021 obligations
has been appropriated in the adopted FY 2021 budget. In FY 2020, the CCE, ADI
and HCE programs collectively provided 266,431 hours of services to seniors and
caregivers. The application was submitted through the emergency signature
process due to the fact there was insufficient time to submit it through the
regular agenda process. DOSS is responsible for providing services north of
Hypoluxo Road, including all of the districts, excluding District 3, 4, 5 and 7
south of Hypoluxo Road. The Mae Volen Center, Inc. is responsible for providing
services in the areas south of Hypoluxo Road. (DOSS) Countywide except for
portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road (HH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
A) Amendment 001 to Standard Agreement No. IPC20-9500
(R2020-1429) (CFDA# 93.568) for the Emergency
Home Energy Assistance Program (EHEAP) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA), for the period June 1, 2020 through August 31, 2021, to revise, amend, and replace portions of the standard
agreement, and to decrease the total outreach budget and increase crisis
assistance by $19,194, with a spending authority in the amount of $127,957, for
services, to provide home energy assistance to seniors through the Coronavirus
Aid, Relief and Economic Security (CARES) Act;
B) Amendment 003 to Standard Agreement No. IA020-9500 (R2020-0296) (CFDA# 93.044) for the Older Americans Act (OAA) with AAA, for the period January 1, 2020 through December 31, 2020, to revise, amend, and replace portions of the standard agreement and to increase the overall funding by $232,307.30, to provide in-home and community-based services to seniors;
C) Standard Agreement No.
IA021-9500 (CFDA# 93.044) for OAA with AAA, for the period January 1, 2021
through December 31, 2021, in an amount not to exceed $2,712,188 to provide
in-home and community based services to seniors; and
D) a budget amendment of
$2,422,032 in FY 2021 in the Division of Senior Services (DOSS) Administration
Fund to align the budget to the actual grant award.
SUMMARY: Staff recommends approval of the agreements to allow DOSS to provide services to seniors and their caregivers. EHEAP Amendment 001 allows DOSS to be responsible for the programmatic and operational management of EHEAP CARES Act services to seniors. CARES Act funding assists seniors aged 60 and older, adversely impacted by COVID-19, and experiencing a home energy emergency. This amendment allows DOSS’s eligible seniors to receive multiple crisis assistance benefit(s) combined; not to exceed $3,500 during the term of this agreement. In 2020, 419 crisis payments were made for seniors experiencing a home energy emergency. OAA Amendment 003 allows DOSS to provide in-home and community-based services to seniors. In FY 2020, the congregate meal program served 17,557 seniors. Seniors receiving home delivered meals prior and during the COVID-19 pandemic are continuing to do so without interruption in services. Due to the temporary closure of congregate meal sites during the COVID-19 pandemic, congregate meals are currently being managed in two ways: 1) through home delivery meals for those seniors who do not have transportation to pick up their meals and 2) through grab and go at one of DOSS’s two meal distribution sites. The OAA Standard Agreement IA021-9500 allows DOSS to continue providing services to seniors and their caregivers that preserve the independence of seniors and defer the need for more costly institutions. The budget amendment is necessary to align the County budget with the actual grant award. DOSS is responsible for providing services north of Hypoluxo Road. OAA 3B CFDA 93.044 required match is $133,842. OAA C1 & C2 CFDA 93.045 required match is $148,932. OAA 3E CFDA 93.052 required match is $18,602. The areas of service include all of the districts, excluding District 3, 4, 5 and 7 south of Hypoluxo Road. The Mae Volen Center, Inc. is responsible for providing services in the areas south of Hypoluxo Road. (DOSS) Countywide except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road (HH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: the contract for Provision of Financial Assistance
with The ARC of Palm Beach County, Inc. (ARC), for the two period October 1,
2020 through September 30, 2022, in
an amount not-to-exceed $167,690, of which $83,845 is budgeted in FY 2021 with
an anticipated annual allocation of $83,845 in FY 2022, contingent upon a
budgetary appropriation by the Board of County Commissioners, for the term of
the contract, for the provision of services for people with intellectual and
developmental disabilities to explore possible careers, participate in career
and life skill training, prepare for employment, and ultimately, gain more
independence. SUMMARY: On
July 14, 2020, the Board of County Commissioners approved funding allocations
for the Financially Assisted Agencies (FAA) Program. The contract being
recommended in this item reflects dollar amounts included in the FY 2021
budget. The finalization of the contract was delayed due to competing staff
assignments and an extended review of the agency’s scope of work and budget. This
contract represents $83,845 of the total FAA funding allocation of $12,976,690
in FY 2021. In FY 2019, the ARC served 53 clients in the adult learning and
support program and under this new contract will serve approximately 65 clients
in each fiscal year. (Financially Assisted Agencies) Countywide (HH)
4. Staff recommends
motion to approve: an
Interlocal Agreement with The School Board of Palm Beach County (PBC Schools),
for a three year period beginning October 1, 2020 through September 30, 2023,
in an amount totaling $45,000,
of which $15,000 is budgeted for Grant Year 2020 with an anticipated annual
allocation of $15,000 in each subsequent grant year for the term of this
agreement, to provide services in the economic stability service category. SUMMARY: The Community Action Program (CAP) received
an award from the Florida Department of Economic Opportunity Community
Services Block Grant to provide
services to Palm Beach County’s low-income residents. CAP selected PBC Schools
to provide 985 instructional hours of vocational training and skill set
building services, including trades and
work readiness training, to a minimum of four clients. Qualified clients must
be residents of Palm Beach County and meet the federal poverty level guidelines.
No County funds are required.
(Community Action Program) Countywide (HH)
F. AIRPORTS
1. Staff recommends
motion to adopt: a resolution delegating authority to
the County Administrator or designee to execute Supplemental Joint
Participation Agreements (SJPA) and Termination Agreements (TA) with the
Florida Department of Transportation (FDOT) in order to transfer grant funds
from existing Joint Participation Agreements (JPA) to new Public Transportation
Grant Agreements (PTGA); providing for severability; and providing for an
effective date. SUMMARY: The FDOT has
updated and replaced the JPA grant form with a new standard form PTGA. As a
result, the old JPAs need to be modified and/or terminated in order for the
funds to be transferred to new PTGAs. This
resolution authorizes the County Administrator or designee to execute standard
form SJPAs and TAs to facilitate the timely transfer of the grant funds to new PTGAs. The County Administrator or
designee has been delegated the authority to execute the standard form PTGAs (R2020-1017)
on behalf of the Board. Time is of the essence in processing these agreements;
therefore, the Department of Airports is recommending a delegation of authority
to ensure compliance with FDOT processing timeframes. SJPAs and TAs executed pursuant to the resolution
will be received and filed with the Board in accordance with County policy
CW-O-051. The Director of the Department of Airports will be considered
a designee for purposes of this resolution. Countywide (AH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve: Amendment No.
5 to the General Consulting Agreement with AECOM Technical Services, Inc.
(AECOM) for Consulting/ Professional Services, to exercise the first one year
renewal option for the continued performance of professional planning and
design services related to the approved Palm Beach County Airports Capital
Improvement Program. SUMMARY: The
Consulting Agreement with AECOM for general airport planning and design was
approved by the Board on March 12, 2019 (R2019-0301) in the amount of
$828,984.74 in order to carry out the approved Capital Improvement Programs for
the County’s Airports. Amendment No. 1
was approved by the Board on August 20, 2019 (R2019-1160) increasing the amount
of the contract by $1,032,651.29.
Amendment No. 2 was approved by the Board on February 4, 2020
(R2020-0079) increasing the amount of the contract by $1,753,356.78. Amendment
No. 3 was approved by the Board on June 16, 2020 (R2020-0639) increasing the
amount of the contract by $885,789.10.
Amendment No. 4 was approved by the Board on October 6, 2020
(R2020-1514) increasing the amount of the contract by $1,789,325. Approval of
Amendment No. 5 will allow the County, at its sole discretion, to exercise the
first one-year renewal option for the continuation of services provided under
this agreement. AECOM is a Los Angeles,
California based firm; however, the majority of the work to be completed in
this agreement will be completed and/or managed through their West Palm Beach
and Tampa, Florida offices in conjunction with several Palm Beach County-based
sub-consultants and firms. A Disadvantaged Business Enterprise (DBE) goal of
18% was set for this contract. AECOM
committed to 18% in its proposal. The
anticipated DBE participation based upon the approved tasks is approximately
37%. The current paid to date DBE participation is approximately 19%. The
DBE participation for this amendment is 0% as no new tasks are being proposed. Countywide
(AH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a Mortgagee’s Joinder and Consent to a
Public Access Sidewalk Easement, pursuant to the Mortgage by The Raymond F.
Kravis Center for the Performing Arts, Inc. (Center) dated December 6, 1989
(R89-1537-D) in favor of the City of West Palm Beach (City) and the County. SUMMARY: The Kravis Center recently
completed its expansion project. As a
condition of issuing the final Certificate of Occupancy for the project, the
City requires the Kravis Center to provide the City with a sidewalk easement
for the realignment of the sidewalk within the Kravis Center expansion project.
The County has a security interest in said property pursuant to the Mortgage,
as affected by a Partial Release of Mortgage; therefore, the Center has
requested that the County execute the Mortgagee’s Joinder and Consent to join
in and subordinate the County’s interest as mortgagee, to the granting of the
Public Access Sidewalk Easement. On December 11, 2020, the Center granted the
City a Public Access Sidewalk Easement, which was recorded by the City on
December 16, 2020, in Official Record Book 32011, Page 1480, in the public
records of Palm Beach County, Florida, without the inclusion of Mortgagee’s
Joinder and Consent for the County. The
County’s Mortgagee’s Joinder and Consent, will be recorded into the public
records as a separate instrument and will make reference to the recorded Public
Access Sidewalk Easement recently granted.
(Property & Real Estate Management) District 7 (HJF)
2. Staff recommends
motion to approve: a contract
with Song & Associates, Inc. in
the amount of $355,288.10 to provide professional architectural/engineering
(A/E) design, programming, site plan approval, permitting, and construction
administration services for phase 1 of the new Mosquito Control Division
Compound project for a period of three years and four months or until the
construction achieves final completion. SUMMARY: The Mosquito Control
Division Compound project is to be located on an approximately 5.86 acre site
at the intersection of Lantana Road and 95th Avenue South in
unincorporated Lantana. The project entails a new chemical storage building, office/lab
building, a fuel island and surface parking for deliveries, visitors and
employees. Site clearing and infrastructure improvements are also required in
order to add the new buildings and required site amenities, which will be
completed in phases. This contract authorizes the initial phase of the project
and a Consultant Service Authorization will be issued to authorize each
subsequent phase. Phase 1 includes, but is not limited to, professional A/E
design services for the construction of the chemical storage facility, and a
fuel island with a canopy and control kiosk, as well as site development and
improvements. The solicitation for design professionals was advertised on
January 12, 2020 according to the Equal Business Opportunity Ordinance, with the
final selection on September 17, 2020.
The project was presented to the Goal Setting Committee on November 6,
2019. The Committee established Affirmative Procurement Initiatives of a Small
Business Enterprise (SBE) participation evaluation preference of up to 15
points for the selection of the consultant and a minimum mandatory contract
goal of 20% SBE participation. Song & Associates, Inc. is not a SBE, but
will be utilizing three SBE and Minority Business Enterprise sub-consultants on
this project. The consultant has committed to 82% SBE participation for this
contract. SBE participation for Phase 1 of the project is 48.3%. Song &
Associates, Inc. has engaged Alan Gerwig & Associates, Inc., as a
sub-consultant on this project. Anne Gerwig is a 1% owner of Alan Gerwig &
Associates; Ms. Gerwig serves on the Citizens Advisory Committee on Health and
Human Services, which is a purely advisory committee of the Board of County
Commissioners. The Citizens Advisory Committee provides no regulation, oversight
or policy setting recommendations regarding this contract, which was procured
competitively. This disclosure is made pursuant to Section 2-443(d) of the Palm
Beach County Ethics Code. The consultant is not a Palm Beach County Business.
Funding for this project is from the Public
Building Improvement fund. (Capital
Improvements Division) Countywide/District 3 (LDC)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to receive and file: the executed documents received during the
months of October and December 2020.
A) An emergency purchase order agreement with
Chestnut Ridge Foam, Inc. for mattresses and bedsprings for the Royal Palm
Lakes Apartments Pahokee Renovation project in the amount of $21,438.18;
B) An emergency purchase order agreement with
Family Furniture of America Enterprises, LLC for office furniture for the Royal
Palm Lakes Apartments Pahokee Renovation project in the amount of $79,149.73;
C) An emergency purchase order agreement with
Everglades Trading & Office Supply, LLC for cabinets for the Royal Palm
Lakes Apartments Pahokee Renovation project in the amount of $19,992.44;
D) An emergency purchase order agreement
Wabash Valley Mfg, Inc. for receptacles with liner dome lid for the Royal Palm
Lake Apartment Pahokee Renovation project in the amount of $4,851.05; and
E) Supplement No. 1 to Consultant Services
Authorization (CSA) No. 1 to the professional services emergency contract with
Partner Assessment Corporation d/b/a Partner Engineering & Science, Inc.
for the Royal Palm Lakes Property in the amount of $2,215 to collect ten (10)
additional drinking water samples for laboratory analysis of lead. These
samples will further evaluate the lead found in the previous samples of
drinking water.
SUMMARY: On April 6, 2020, the Board of County Commissioners (Board) received
authorization from the Federal Emergency Management Agency (FEMA) to conduct
non-congregate sheltering activities under the Public Assistance Program as
part of the response to the coronavirus emergency. On June 2, 2020, the Board authorized the
County Administrator or designee, which in this case was the Director of
Facilities Development and Operations (FDO), to execute emergency design and
construction contracts to renovate the Pahokee and Belle Glade Facilities as
part of the County’s Non-Congregate Sheltering Strategy for the Western
Communities. The emergency
purchase agreements include the furniture, fixtures and equipment required to
finalize the project. These contracts were fully executed on behalf of the
Board by the Director of FDO. In accordance with the County Policy and Procedures Manual (PPM)
CW-O-051, all delegated contracts, agreements and grants must be submitted by
the initiating department as a receive and file agenda item. Pursuant to Section
2-80.22 of the Equal Business Opportunity (EBO) Ordinance and the County PPM
CW-O-043, this project is exempt from the EBO requirements. The funding source
for these contracts is from the CARES Act Relief fund. (Capital Improvements
Division) Countywide/District 6 (LDC)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $24,555 to BLP Homes, LLC;
B) authorize the Mayor to execute Certificates of Award
to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve a budget transfer of $23,585 in Impact Fee
Assistance Program – Roads Zone 1 to appropriate funds for BLP Homes, LLC; and
D) approve a budget transfer of $970 in Impact Fee
Assistance Program – Public Building to appropriate funds for BLP Homes, LLC.
SUMMARY: On July 27,
2020, the Department of Housing and Economic Sustainability issued a Notice of
Funding Availability (NOFA) making $2,172,279 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2019 funding cycle. BLP Homes, LLC submitted an application in
response to the NOFA. Staff recommends that up to $24,555 be provided as a credit for impact fees
associated with the construction of five affordable single-family housing units
to be located on scattered sites in Riviera Beach (the Project). BLP Homes will be given credits for Roads
Zone 1 Impact Fees ($23,585) and Public Building Impact Fees ($970) for the
construction of the Project. BLP Homes will pay impact fees above the allocated
$24,555. According to IFAHAP requirements, all units will be sold to
persons with incomes no greater than 140% of Area Median Income. The assisted
units will be restricted to remain affordable for 15 years. These funds are
from interest earned by the Impact Fee Fund. District
7 (HJF)
2. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $4,911 to The W. 30th Riviera Land Trust, HRY Development as
Trustee;
B) authorize the Mayor to execute a Certificate of Award
to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve a budget transfer of $4,717 in Impact Fee
Assistance Program – Roads Zone 1 to appropriate funds for The W. 30th
Riviera Land Trust, HRY Development as Trustee; and
D) approve a budget transfer of $194 in Impact Fee
Assistance Program – Public Building to appropriate funds for The W. 30th
Riviera Land Trust, HRY Development as Trustee.
SUMMARY: On July 27,
2020, the Department of Housing and Economic Sustainability issued a Notice of
Funding Availability (NOFA) making $2,172,279 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2019 funding cycle. The W. 30th Riviera Land Trust
submitted an application in response to the NOFA. Staff recommends that up to $4,911 be
provided as a credit for impact fees associated with the construction of an affordable
single family housing unit to be located at W. 30th Street in
Riviera Beach (the Project). The W. 30th
Riviera Land Trust will be given credits for Roads Zone 1 Impact Fees ($4,717)
and Public Building Impact Fees ($194) for the construction of the
Project. The W. 30th Riviera
Land Trust will pay impact fees above the allocated $4,911. According to IFAHAP requirements, the unit
will be sold to persons with incomes no greater than 140% of Area Median
Income. The assisted unit will be
restricted to remain affordable for 15 years. These funds are from interest
earned by the Impact Fee Fund. District 7 (HJF)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $49,110 to Riviera Hankinhomes Land Trust, HRY Development as Trustee;
B) authorize the Mayor to execute Certificates of Award
to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve a budget transfer of $47,170 in Impact Fee
Assistance Program – Roads Zone 1 to appropriate funds for Riviera Hankinhomes
Land Trust, HRY Development as Trustee; and
D) approve a budget transfer of $1,940 in Impact Fee
Assistance Program – Public Building to appropriate funds for Riviera
Hankinhomes Land Trust, HRY Development as Trustee.
SUMMARY: On July 27,
2020, the Department of Housing and Economic Sustainability issued a Notice of
Funding Availability (NOFA) making $2,172,279 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2019 funding cycle. Riviera Hankinhomes Land Trust submitted an
application in response to the NOFA.
Staff recommends that up to $49,110 be provided as
a credit for impact fees associated with the
construction of ten affordable single family housing units to be located on
scattered sites in Riviera Beach (the Project).
Riviera Hankinhomes Land Trust will
be given credits for Roads Zone 1 Impact Fees ($47,170) and Public Building
Impact Fees ($1,940) for the construction of the Project. Riviera Hankinhomes Land Trust will pay impact fees above the allocated $49,110.
According to IFAHAP requirements, all units will be sold to persons with
incomes no greater than 140% of Area Median Income. The assisted units will be restricted to
remain affordable for 15 years. These funds are from interest earned by the
Impact Fee Fund. District 7 (HJF)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
4. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $19,644 to Riviera Hankinhomes2 Land Trust, HRY Development as Trustee;
B) authorize the Mayor to execute Certificates of Award
to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve a budget transfer of $18,868 in Impact Fee
Assistance Program – Roads Zone 1 to appropriate funds for Riviera Hankinhomes2
Land Trust, HRY Development as Trustee; and
D) approve a budget transfer of $776 in Impact Fee
Assistance Program – Public Building to appropriate funds for Riviera
Hankinhomes2 Land Trust, HRY Development as Trustee.
SUMMARY: On July 27,
2020, the Department of Housing and Economic Sustainability issued a Notice of
Funding Availability (NOFA) making $2,172,279 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2019 funding cycle. Riviera Hankinhomes2 Land Trust submitted an
application in response to the NOFA.
Staff recommends that up to $19,644 be provided as
a credit for impact fees associated with the
construction of four affordable single-family housing units to be
located on scattered sites in Riviera Beach (the Project). Riviera
Hankinhomes2 Land Trust will be given
credits for Roads Zone 1 Impact Fees ($18,868) and Public Building Impact Fees
($776) for the construction of the Project.
Riviera Hankinhomes2 Land Trust will
pay impact fees above the allocated $19,644. According to IFAHAP
requirements, all units will be sold to persons with incomes no greater than
140% of Area Median Income. The assisted units will be restricted to remain
affordable for 15 years. These funds are from interest earned by the Impact
Fee Fund. District 7 (HJF)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
5. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $280,052 to Wells Landing Apartments, LLC for the Wells Landing Apartments
project;
B) authorize the Mayor to execute a Certificate of Award
to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve a budget transfer of $230,764 in Impact Fee
Assistance Program – Roads Zone 4 to appropriate funds for Wells Landing
Apartments, LLC;
D) approve a budget transfer of $29,926 in Impact Fee
Assistance Program – Parks Zone 2 to appropriate funds for Wells Landing
Apartments, LLC; and
E) approve a budget transfer of $19,362 in Impact Fee
Assistance Program – Public Building to appropriate funds for Wells Landing
Apartments, LLC.
SUMMARY: On July 27,
2020, the Department of Housing and Economic Sustainability issued a Notice of
Funding Availability (NOFA) making $2,172,279 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2019 funding cycle. Wells Landing Apartments, LLC submitted an
application in response to the NOFA. Staff recommends that up to $280,052 be
provided as a credit for impact fees associated with the Wells Landing project
(Project).
Wells Landing Apartments, LLC will be
given credits for Roads Zone 4 Impact Fees ($230,764), Parks Zone 2 ($29,926),
and Public Building Impact Fees ($19,362) for the construction of the
Project. Wells Landing Apartments,
LLC will pay impact fees above the allocated
$280,052. The Project entails construction of a 124-unit multifamily
housing development located on East Martin Luther King Blvd in Boynton
Beach. According to IFAHAP requirements,
all units will be for rent to persons with incomes no greater than 140% of Area
Median Income. The assisted units will be restricted to remain affordable for
15 years. These funds are from interest earned by the Impact Fee Fund. District 7 (HJF)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
6. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $1,973 to ME-ST, LLC for the 4825 Maine Street project;
B) authorize the Mayor to execute a Certificate of Award
to be released to the recipient pursuant to IFAHAP Guidelines; and
C) approve a budget transfer of $1,973 in Impact Fee
Assistance Program – Public Building to appropriate funds for ME-ST, LLC
(ME-ST).
SUMMARY: On July 27,
2020, the Department of Housing and Economic Sustainability issued a Notice of
Funding Availability (NOFA) making $2,172,279 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2019 funding cycle. ME-ST submitted an application in response to
the NOFA. Staff recommends that up to
$1,973 be provided as a credit for impact fees associated with the 4825 Maine Street project
(Project).
ME-ST will be given credit for Public Building Impact Fees ($1,973) for
the construction of the Project. ME-ST
will pay impact fees above the allocated $1,973. The Project entails
construction of a 14-unit affordable rental building for single homeless
veterans located at 4825 Maine Street in unincorporated Palm Beach County. According to IFAHAP requirements, all units
will be for rent to persons with incomes no greater than 140% of Area Median
Income. The assisted units will be
restricted to remain affordable for 15 years. These funds are from interest
earned by the Impact Fee Fund. District 3 (HJF)
7. Staff recommends
motion to approve:
A)
a budget transfer of
$418,656 from the Cares Act Relief Fund to the U.S. Department of Housing and
Urban Development (HUD) Loan Repayment Account to appropriate funding for
Section 108 small business assistance;
B)
a budget transfer of
$418,656 in the HUD Loan Repayment Account to recognize the funds from the
Cares Act Relief Fund for Section 108 small business assistance;
C)
a budget transfer of $1,469
from the Cares Act Relief Fund to the Housing and Community Development (HCD)
Fund to appropriate funding for Community Development Block Grant Coronavirus
(CDBG) Micro-Loan small business assistance; and
D)
a budget transfer of $1,469
in the HCD Fund to recognize the funds from the Cares Act Relief Fund for CDBG
Micro-Loan small business assistance.
SUMMARY: On April 2,
2020, HUD notified Palm Beach County of the award of $3,935,468 Community
Development Block Grant Coronavirus (CDBG–CV) to assist with the impact of the
Coronavirus pandemic. On May 5, 2020 the
Board of County Commissioners approved $470,000 of the funding to provide small
business assistance by way of the deferment of all existing HUD funded Palm
Beach County business loans. The deferment was in the form of five months
(March thru July 2020) of monthly payments made on current borrowers’
accounts. These loans comprised of 29
Section 108 business loans in the amount of $418,656 and one CDBG Micro Loan in
the amount of $1,469. The budget transfers are necessary to appropriate the
required budget. These are Federal
CDBG-CV grant funds which require no local match. Countywide (HJF)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve:
A) Partial Release of Utility Easement for that
easement recorded in the Official Records of Palm Beach County, ORB 25684, Page
1587;
B) Partial Release of Utility Easement for that
easement recorded in the Official Records of Palm Beach County, ORB 25684, Page
1587; and
C) Partial Release of Utility Easement for that
easement recorded in the Official Records of Palm Beach County, ORB 24069, Page
225.
SUMMARY: Palm Beach County Water Utilities Department
(PBCWUD) is seeking the release of the County’s interest in the utility
easements recorded in the Official Records of Palm Beach County as noted above.
Two Property Owners now own the property encumbered by the easement recorded in
ORB 25684, Page 1587 therefore two Partial Release of Utility Easements are
required. The Property Owners are requesting release of the portion of the
easement that is no longer associated with any public potable water, reclaimed
water and wastewater facilities. As a result of site development for Sherbrooke
Center, these portions of the existing utility easements are no longer
required. PBCWUD has determined that the release of these easements will not
affect existing or new public potable water, reclaimed water and wastewater
facilities and therefore recommends approval of the release. District 3
(MJ)
2. Staff recommends
motion to approve:
A) a contract for Consulting/Professional Services System-Wide Force Main Evaluation with CDM Smith Inc., (CDM); and
B) Consultant Services Authorization (CSA) No. 1 for System-Wide Force Main Evaluation Phase I (Project) for a not to exceed amount of $4,873,810.88.
SUMMARY: The contract will provide consulting/professional
engineering, surveying, field testing, condition assessment, and related
services for Palm Beach County Water Utilities Department (PBCWUD). The contract
has a term of three years with two, one year renewal options. Under CSA No. 1,
CDM shall conduct the initial phase of condition assessments along with
possible repair and maintenance of wastewater force main pipes, including but
not limited to, membrane concentrate pipes, within the service area. The contract with CDM was procured under the
requirements of the Equal Business Opportunity (EBO) Ordinance. The contract
was presented to the Goal Setting Committee on March 4, 2020, and a
minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal and
an evaluation preference for up to 15 points based upon the relative level of
dollar participation by certified African American owned firms were the
Affirmative Procurement Initiatives (API) applied to this contract. CDM has met
the established API for this contract. The contract with CDM provides for 22%
SBE participation, which includes 22% M/WBE participation, 14% MBE (B) and 8%
MBE (A). CSA No. 1 includes 13.29% SBE participation, which includes 11.24%
M/WBE participation, 10.42% MBE (B) and 0.82% MBE (A). While CDM is
headquartered in Boston, Massachusetts, they maintain an office in Palm Beach
County from which the majority of the work under this contract will be
performed. The Project is included in the PBCWUD FY21 Budget. (PBCWUD Project No.
20-015 contract and PBCWUD Project No. 21-012 CSA No. 1) Countywide (MJ)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to receive and file: an executed Standard Potable Water and
Wastewater Development Agreement and a Standard Potable Water and Wastewater
Development Renewal Agreement for the months of September and October 2020, and
one executed Contract received during the month of November 2020.
A) Standard Potable Water and Wastewater
Development Agreement with Jeff Greene SDA #01-01269-000 (District 2), Recorded
in OR BK 31826 PG 1382;
B) Standard Potable Water and Wastewater
Development Renewal Agreement with Mattamy Palm Beach, LLC, SDRA #01-01233-001
(District 2), Recorded in OR BK 31826 PG 1373; and
C) contract with Layne Christensen Company for
the Mechanical Integrity Testing of the Southern Region Pumping Facility, Water
Treatment Plant No. 11 and Southern Region Operations Center Deep Injection
Wells (Project) (PBCWUD Project No. 20-025) (Districts 5 & 6)
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 Palm Beach County
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
2, 5 & 6 (MJ)
4. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 2 to the Consulting/Professional Services
Capital Improvement Plan Program Management Contract (Contract) with Stantec Consulting Services Inc.,
(Consultant) for Program Management and Implementation Services (Project) for a
not to exceed amount of $3,886,714.94. SUMMARY: On February 11, 2020, the Board of County Commissioners approved the
Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-0161)
with Consultant. CSA No. 2 provides for the resources needed to support the
implementation of Capital Improvement Plan projects for one year. The Consultant will provide services
throughout the project life cycle of water, wastewater and reclaimed water
treatment and transmission projects in the areas of delivery, controls,
permitting, communications, and asset management. This Contract was procured
under the requirements of the Equal Business Opportunity Ordinance. On March
20, 2019, the Goal Setting Committee applied an Affirmative Procurement
Initiative of a mandatory 20% Small Business Enterprise (SBE) subcontracting
participation and an evaluation preference for up to 15 points based upon the
relative level of dollar participation by certified African American owned
firms. The Contract provides for 25% SBE participation which includes 25% M/WBE
participation, 22% MBE (B) and 3% WBE. CSA No. 2 includes 40.51% SBE
participation which includes 37.75% MBE (B) and 2.76% WBE. The cumulative SBE participation including
CSA No. 2 is 33.25% SBE, which
includes 30.95% MBE (B) and 2.30% WBE. Consultant is a New York registered U.S.
company whose parent company is domiciled in Canada. Most members of the
Consultant project team will be co-located with PBCWUD staff at the Central
Region Operations Center from which the majority of the work under CSA No. 2
will be undertaken. The Project is included in the PBCWUD FY21 Budget. (PBCWUD
Project No. 20-010) Countywide (MJ)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: a
continuing proxy appointing Commissioner Maria G. Marino as Palm Beach County’s
representative for the purpose of voting at the June 3, 2021 Landowners’ Annual
Meeting and any subsequent landowner’s meetings of the Pal Mar Water Control
District. SUMMARY: This proxy authorizes Commissioner Maria
G. Marino to vote on behalf of the County at the annual landowner’s meeting on
June 3, 2021, and thereafter until revoked.
The number of acres now owned by Palm Beach County in the Pal Mar Water
Control District is 270.14. There is no
cost to the County. District 1 (AH)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following
executed Independent Contractor Agreements:
A)
M. Regina Rodrigues, Gentle
Yoga and/or Body Flexibility at PBC Parks indoor and outdoor locations, for the
period of November 2, 2020 to September 30, 2021 in an amount not to exceed
$13,800; and
B)
Dynamic Livity, LLC,
Outdoor Yoga at PBC Parks in various park locations, for the period of November
30, 2020 to September 30, 2021 in an amount not to exceed $4,410.
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. Countywide (AH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve:
A) a budget transfer of $200,000 within Zone 2
Impact Fee Reserves to Okeeheelee Park Parking
Expansion Project; and
B) a budget transfer of $50,000 within Zone 2 Impact Fee Reserves to
Okeeheelee Park Special Events Area Project.
SUMMARY: This funding will
be used to assist in the expansion of two parking areas within Okeeheelee Park
and includes the expansion of the paved parking area servicing the
existing tennis and pickleball courts
and the development of stabilized grass parking adjacent to the Micanopy
pavilion. Funding for this
budget transfer is from Zone 2 Impact Fee reserves. Reserve funding was accumulated through new fees and residual
balances from completed impact fee eligible projects. District 2 (AH)
3. Staff recommends
motion to approve: a revised Standard
Independent Contractor Agreement to be used by the Parks and Recreation
Department when contracting with recreation instructors and sports officials. SUMMARY: On April 5,
1994, the Board of County Commissioners (BCC) approved Resolution 94-422, as
amended by Resolutions 2002-2103, 2007-0409, 2012-0168, and 2017-0822
delegating authority to execute a standard Independent Contractor Agreement
form and amendments for recreation instructors and sports officials on behalf
of the County to the County Administrator and the Director and Assistant
Director of Parks and Recreation. The use of independent contractors for
recreation programs and sports officiating has been a standard industry
practice in the field of Parks and Recreation for a number of years. Where applicable, staff will issue a request
for services to secure the services of the most qualified contractor. Such qualifications include, but are not
limited to experience in their area of professional expertise, certifications,
and recent professional references. This resolution amends Resolution
2017-0822, by revising the standard Independent Contractor Agreement form to
update existing exhibits and clarify language regarding approval of fees
charged to participants that are collected by the contractor. Countywide (AH)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A)
receive and file Purchase Order for $470,000 for contractual
adult reentry services from the Florida Department of Corrections (FDC) for the
service period of October 1, 2020 through June 30, 2021; and
B)
approve a budget amendment
of $220,000 in the Justice Service Grant Fund to adjust the budget to the
actual grant award.
SUMMARY: The FY20-FY21 General Appropriations Act,
Specific Appropriations 715 provides $470,000 (CSFA#70.011) in non-recurring
general revenue funds to the Palm Beach County Board of County
Commissioners. The funding allocation
increased from $250,000 in FY20 to $470,000 for FY21. The funding is for Adult Reentry Services
(case management and client support services). The target population will be
eligible program participants who are housed and recently released from a FDC
facility and returning to Palm Beach County through the Regional and State
Transitional Offender Reentry (RESTORE) Initiative. Services will be provided
contractually by three agencies, The Lords Place, Inc., City of Riviera Beach
Reentry Center, and Gulfstream Goodwill Industries, Inc. Contract negotiations with the three agencies
have caused a delay in the processing of this item. No County matching funds are required for
this grant. Countywide (SF)
2. Staff recommends
motion to receive and file: contract for Consulting/Professional
Services with Barry University, Inc. (Barry) for the period November 1, 2020
through September 30, 2022 for a not-to-exceed contract amount of $54,999. SUMMARY: The Palm Beach County Human
Trafficking (HT) Task Force formed in January of 2017, as part of a 2016
Enhanced Collaborative Model to combat Human Trafficking grant award from the
Bureau of Justice Administration (BJA), Office on Victims of Crime (OVC), in
direct response to the growing epidemic of HT in Palm Beach County and
surrounding areas. The primary grant awardees for the original funding were the
Palm Beach County Sheriff’s Office (PBSO) and Catholic Charities Diocese of
Palm Beach, with Barry assigned as research partner. In 2019, when the ECM
grant expired, the OVC and BJA released separate grant awards for law
enforcement and victim services. Palm
Beach County Division of Victim Services (PBCVS) applied for and was awarded
funding under the FY 2019 Direct Services to Support Victims of Human Trafficking
Program (CFDA# 16.320) from the U.S. Department of Justice, OVC in the amount
of $900,000 to provide direct services to victims of human trafficking and to
co-lead the HT Task Force. PBSO applied for and awarded the FY 2019 Enhanced
Collaborative Model (ECM) Task Force to Combat Human Trafficking grant, through
the BJA. PBSO’s grant focuses on law
enforcement activities and their role as co-lead of the HT Task Force with
PBCVS. Although these two grants have different focus areas, there are many
areas that overlap. Barry University
will be performing project evaluation and on-going research to assess project
performance and establish data collection guidelines
for project activities for both PBSO and PBCVS. Due to the nature of the
project, PBSO and the PBCVS will be splitting the cost to fund this
multi-agency research project for this grant cycle. R2019-1931 authorized the
County Administrator or designee to execute future contracts and amendments
utilizing funding from the OVC on behalf of the Board of County Commissioners. Countywide
(JW)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends
motion to receive and file: an
executed contract for Consulting/Professional Services by and between Palm Beach
County and Diagnostic Centers of America, LLC, for the provision of certain
medical services, with a not-to-exceed annual cost of $15,000 for each year of the
term beginning January 1, 2021 through December 31, 2023. SUMMARY:
The purpose of the contract is to
provide chest x-ray examination and evaluation services for prospective and
current County and Palm Tran personnel as part of the County’s occupational
health and workers’ compensation program. This exempt contract for professional
medical services has been fully executed on behalf of the Board of County
Commissioners by the Director of Purchasing, through delegated authority, for a
three-year term with two annual options to renew. The attached executed
Contract is submitted to be received and filed in accordance with County Policy
#PPM-CW-O-051. Countywide (HH)
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County
Commissioners, of Palm Beach County, Florida, approving a FY2021 Public
Transportation Grant Agreement (PTGA) in Block Grant funding for urbanized
public transportation operating assistance (FM No. 407188-3-84-01) with the
State of Florida Department of Transportation (FDOT), providing a grant in the
amount of $5,826,074, to offset the operating costs of providing fixed route
services to the public in Palm Beach County;
B) approve a budget transfer of $481,974 in the Palm
Tran Operating Fund 1340 to reconcile the revenue budget to the actual grant
award and reduce the transfer from the General Fund 0001; and
C) approve a budget transfer of $481,974 in the
General Fund 0001 to reduce the transfer to Palm Tran Operating Fund 1340 and
increase Contingency Reserves.
SUMMARY: Palm
Tran will utilize the grant funds to offset the operating costs of providing
fixed route service on all routes in the County. This FY2021 PTGA, in the
amount of $11,652,148, will provide operating funding in the amount of
$5,826,074, which requires a match of $5,826,074. The match is included
in Palm Tran’s FY2021 budget. The PTGA will become effective upon FDOT
execution and has an expiration date of December 31, 2023. The grant
agreement contains an indemnification provision that differs from that adopted
for use by the County under PPM CW-F-049. The grant requires the County, to the
extent permitted by law and in accordance with the provisions of Section 768.28,
Florida Statutes, to indemnify, defend and hold harmless FDOT and all of its
officers, agents and employees from any claim, loss, damage, cost, charge, or
expense arising out of the County’s non-compliance in the performance of this
agreement, including that of its officers, agents or employees. An exception to
the PPM has been recommended by the Risk Management Department and the County
Attorney’s Office, taking into consideration the County’s need to provide the
services, the amount of the grant award, County’s current performance of such
services and liability for its acts, and the non-waiver of sovereign immunity
beyond the statutory caps of Section 768.28, Florida Statutes. The
indemnification obligation must also be passed on to contractors and/or
consultants. Countywide (MM)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
2. Staff recommends
motion to:
A) adopt a Resolution of the Board of County
Commissioners (BCC), of Palm Beach County, Florida, approving a FY2021 Public
Transportation Grant Agreement (PTGA) in Section 5311 Grant funding for
non-urbanized area public transportation operating assistance (FM No.
407184-3-84-01) with the State of Florida Department of Transportation (FDOT),
providing a grant in the amount of $358,649, to offset the operating costs of
providing fixed route services to the public in the rural areas of Palm Beach
County;
B) approve a budget transfer of $538 in the Palm Tran
Operating Fund 1340 to reconcile the revenue budget to the actual grant award
and reduce the transfer from the General Fund 0001; and
C) approve a budget transfer of $538 in the General
Fund 0001 to reduce the transfer to Palm Tran Operating Fund 1340 and increase
Contingency Reserves.
SUMMARY: Palm
Tran will utilize the grant funds to offset the operating costs of providing
fixed route service in the rural areas of the County. This FY2021 PTGA in
the amount of $717,928, will provide operating funding in the amount of
$358,649, which requires a match of $358,649. The match is included in
Palm Tran’s FY2021 budget. The PTGA will become effective upon FDOT
Execution and has an expiration date of December 31, 2023. The grant
agreement contains an indemnification provision that differs from that adopted
for use by the County under PPM CW-F-049. The grant requires the County, to the
extent permitted by law and in accordance with the provisions of Section 768.28,
Florida Statutes, to indemnify, defend and hold harmless FDOT and all of its
officers, agents and employees from any claim, loss, damage, cost, charge, or
expense arising out of the County’s non-compliance in the performance of this
agreement, including that of its officers, agents or employees. An exception to
the PPM has been recommended by the Risk Management Department and the County
Attorney’s Office, taking into consideration the County’s need to provide the
services, the amount of the grant award, County’s current performance of such
services and liability for its acts, and the non-waiver of sovereign immunity
beyond the statutory caps of Section 768.28, Florida Statutes. The
indemnification obligation must also be passed on to contractors and/or
consultants. Countywide (MM)
3. Staff recommends
motion to approve: an
agreement with the Lakes of Delray, Inc. for the provision of transportation
services on routes 70, 81 and 88 effective February 1, 2021 through January 31,
2023, with a two-year renewal option, in the amount of $119,116.80 per
year. SUMMARY: This agreement allows for a slight deviation within Palm
Tran routes 70, 81 and 88 to provide a more accessible pick-up point for the
residents of Delray Lakes, Inc. Homeowners Association. The agreement
eliminates the necessity for customers to pay individual fares upon boarding
Palm Tran buses as instead the County is paid an annual amount, based on a per
dwelling rate, for the service. The
agreement also includes a 3% rate increase pursuant to the agreement. Residents are responsible for paying
individual fares should they transfer from Routes 70, 81 or 88 to another
route. District 5 (MM)
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to approve: a budget transfer of $331,545 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County
Sheriff’s Office (PBSO). SUMMARY: Section 932.7055(5), Florida
Statutes; provides that the seizing agency shall use Forfeiture proceeds for
school resource officer, crime prevention, safe neighborhood, drug abuse
education and prevention programs, or for other law enforcement purposes, which
include defraying the cost of protracted or complex investigations, providing
additional equipment or expertise, purchasing automated external
defibrillators, and providing matching grant funds. Section 932.7055(5), Florida Statutes; also requires that no less
than 25% of the LETF’s previous year’s revenues be used for the support or
operation of drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood and school resource officer programs of various
non-profit organizations. The PBSO’s FY 2021 donation requirement is $152,405.
The PBSO’s support of these programs exemplifies its strong commitment to the
prevention and reduction of crime throughout the communities it serves and its
desire to put money back into these communities to support organizations that
provide such services. The year-to-date
transfer for all donations to outside organizations after approval of this item
is $331,545. The funds requested
are to aid PBSO and qualified organizations that meet the requirements set
forth in Section 932.7055(5), Florida
Statutes. Use of LETF requires approval by the Board, upon request of the
Sheriff. The current State LETF balance
is $1,352,062. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $1,020,517. The PBSO certifies that the use of
these funds is in accordance with Section
932.7055(5), Florida Statutes.
Below is a table indicating the organizations the PBSO seeks to fund and
the corresponding amount of funding proposed per respective organization or
agency. No new positions are needed and
no additional County funds are required. Countywide (DC)
|
ORGANIZATION |
AMOUNT |
|
American Association of
Caregiving Youth, Inc. |
$6,400 |
|
Best Foot Forward
Foundation, Inc. |
$5,000 |
|
Boca West Community
Charitable Foundation, Inc. |
$32,000 |
|
Elizabeth H Faulk
Foundation, Inc. |
$20,000 |
|
Faith, Hope, Love,
Charity, Inc. |
$25,000 |
|
Florence Fuller Child
Development Centers, Inc. |
$25,000 |
|
GBDC Entrepreneurship
Institute, Inc. |
$10,000 |
|
Grandma's Place, Inc. |
$25,000 |
|
Habitat for Humanity of
South Palm Beach County, Inc. |
$10,000 |
|
KidSafe Foundation, Inc. |
$5,000 |
|
Meals on Wheels of the
Palm Beaches, Inc. |
$10,000 |
|
National Campaign to Stop
Violence, Inc. |
$20,000 |
|
Palm Beach County PAL,
Inc. - Belle Glade Basketball |
$25,000 |
|
Palm Beach County
Substance Abuse Coalition, Inc. |
$4,100 |
|
Safety Council of Palm
Beach County, Inc. - Baby in Back Program |
$3,500 |
|
Safety Council of Palm Beach County, Inc. - Mobile Eyes
Program |
$2,500 |
|
Sunset House, Inc. |
$15,000 |
|
Sweet Dream Makers, Inc. |
$10,000 |
|
The ARC of Palm Beach
County, Inc. |
$25,000 |
|
Wounded Veterans Relief
Fund, Inc. |
$25,000 |
|
YMCA of South Palm Beach
County, Inc. |
$13,045 |
|
YMCA of the Palm Beaches,
Inc. |
$15,000 |
|
|
|
|
Total
Amount |
$331,545 |
FEBRUARY 9, 2021
3. CONSENT
AGENDA APPROVAL
DD. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file:
a fully executed Palm Beach County FY2021 Covid Recovery Grant Agreement in the
amount of $20,000 managed by the Palm Beach County Sports Commission, Inc on
behalf of the Palm Beach County Tourist Development Council with USA
Competitions, Inc. for the promotion of The Tim Rand Invite, being held from
March 5 – 7, 2021. The grant agreement was approved by the
Tourist Development Council on September 10, 2020 for a term of June 5, 2020 –
June 7, 2021. SUMMARY: In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a receive and file agenda
item. On June 7, 1994, the Board of
County Commissioners adopted resolution (R94-207) authorizing the Executive
Director of the Tourist Development Council to enter into grant agreements with
Category G (Sports) grantees after they have been approved by the Tourist
Development Council. The grant agreement is expected to produce 1,548 room
nights and will fund an event which promotes sports tourism in Palm Beach
County. District 7 (LDC)
* * * * * * * * * * * *
FEBRUARY 9, 2021
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) COVID-19 Update by
Dr. Alonso and County Staff
* * * * * * * * * * * *
FEBRUARY 9, 2021
5. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
NONE
* * * * * * * * * * * *
FEBRUARY 9, 2021
A. HOUSING
AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve:
A)
a $3,590 HOME Investment
Partnerships Program (HOME) funding increase to New Urban Community Development
Corporation, Inc. (NUCDC), and other revised terms, for Henrietta Townhomes
(the Project);
B)
a Memorandum of Agreement
with the U.S. Department of Housing and Urban Development (HUD) related to
Henrietta Townhomes; and
C)
delegation of authority to
the County Administrator or designee to execute the agreement, amendments
thereto, modifications to current loan documents, subordination agreements, and
all other related documents necessary for implementation of the project.
SUMMARY: On October
19, 2019, the Board of County Commissioners (BCC) approved a HOME award of up
to $500,000 to NUCDC for the refinancing of the Project, a troubled 11-unit
rental property, located at 1301 Henrietta Avenue in West Palm Beach. NUCDC
developed the Project in 2009 with assistance including a $687,096 conditional
grant from the County, consisting of $337,096 in HOME funds and $350,000 in
State Housing Initiatives Partnership (SHIP) Program funds, and a $978,759 HOME
loan from the City of West Palm Beach. The property is at risk of foreclosure
and loss from the County’s affordable housing stock. The new HOME award was to
pay off the first mortgage held by the Florida Community Loan Fund, thereby
preventing foreclosure and preserving affordable rental housing stock. The BCC approved that the HOME funds be
provided as a combination $250,000 loan (at 1% interest for 20 years) and a
$250,000 no-interest conditional loan (forgiven after a 20 year affordability
period). The new HOME investment in the Project was subject to HUD
approval. HUD’s underwriting resulted in
requirements for revised terms which are codified in the Memorandum of
Agreement. It requires a County HOME investment of $503,590, including $460,000
for the mortgage payoff and $43,590 for physical repairs. The entire $503,590 is to be provided as a
no-interest conditional loan that will be forgiven in its entirety at the
conclusion of a new 30 year period of affordability. Project revenues that would have paid HOME
debt service under the original terms will instead be required to fund
replacement reserves necessary to meet the anticipated physical needs of the
Project throughout the period of affordability The County’s existing HOME/SHIP
conditional grant will be modified to conform to the HUD requirements. Staff is working with the City of West Palm
Beach to extend the term of its existing loan and to subordinate to the
County’s new HOME loan. These are federal HOME Program grant funds that require
a local match provided by the State Housing Initiatives Partnership Program. District
7 (HJF)
FEBRUARY 9, 2021
6. REGULAR AGENDA
B. FACILITIES DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to:
A) approve
a Quit Claim Deed in favor of Judith A. Hoover, as Successor Trustee of the
Credit Shelter Trust created under the Richard D. Hoover Trust Declaration
u/a/d 12/24/1986 as amended and restated 2/23/1998 collectively (Judith A.
Hoover, as Successor Trustee) and Hoover Properties, LTD, a Florida Limited Partnership
(collectively Hoover) releasing of record any County interest in a 15′
strip of right of way within The Palm Beach Farms Co. Plat No. 3; and
B) accept
a Utility Easement from Judith A. Hoover, as Successor Trustee and Hoover in
favor of Palm Beach County.
SUMMARY: Hoover has requested that the
County release of record interest the County may have, if any, in the south 1/2
of a 30′ x 712′ foot strip of platted right of way lying north of
and contiguous to Hoover’s property. The right of way, known as Hooper Road, is
located east of N. Benoist Farms Road, north of Southern Blvd. in
unincorporated West Palm Beach. The
right of way was created by The Palm Beach Farms Co. Plat No. 3, as recorded in
Plat Book 2, Page 45 of the Public Records of Palm Beach County, Florida. Various court cases have held that the County
has (with certain limited exceptions) no interest in the platted rights of way
within Plat No. 3 which were not accepted, improved or purchased by the County,
and that the adjacent tract owners own to the centerline of the platted
roadways. However, as part of a
settlement of the litigation surrounding the Palm Beach Farms rights of way,
the County received a quit claim deed from West Peninsular Title Company and
Absolute, Inc., as recorded in Official Records Book 13889, Page 490 of said
Public Records, the intent of which was to release any claim of interest of
West Peninsular/Absolute in those rights of way. While the County’s position
has always been that West Peninsular/Absolute had no interest in the rights of
way, the recordation of the West Peninsular/Absolute Quit Claim Deed to the
County created some ambiguity as to the County’s interest and kept the Palm
Beach County Property Appraiser from adjusting its records to reflect ownership
of the right of way by the adjacent owners.
Execution, delivery and recordation of this Quit Claim Deed to Hoover
will provide record evidence that the County has no interest in this 15′
right of way. The County’s Engineering Department has confirmed that this
specific portion of right of way was included in the West Peninsular Title
Company lawsuit and has no objection to the conveyance. Utility lines and
equipment are located within this portion of the right of way. Hoover has
agreed to grant a utility easement to the County. At closing, the Quit Claim
Deed will be recorded, followed by the Utility Easement. This Utility Easement
will protect the County’s interest in the existing WUD’s utility lines and
improvements. WUD required this easement. This
conveyance must be approved by a Supermajority Vote (5 Commissioners). (Property
& Real Estate Management) District 2/Countywide (HJF)
FEBRUARY 9, 2021
6. REGULAR AGENDA
B. FACILITIES DEVELOPMENT AND OPERATIONS
(Cont’d)
2. Staff recommends
motion to:
A) approve the extension of the deadline for LJL Food
Management, Inc., d/b/a The Hideout Kitchen & Café to complete construction of improvements
under its lease of restaurant space within the Governmental Center Parking
Garage (R2019-1059) by March 31, 2021; and
B) authorize County Administrator or designee, which in
this case shall be the Director of
Facilities Development & Operations Department, to terminate the lease with
LJL Food Management, Inc., d/b/a The Hideout Kitchen & Café if construction
is not completed by March 31, 2021.
SUMMARY: On July 25, 2019, the Board of County
Commissioners (Board) approved the Governmental Center Lease Agreement with LJL
Food Management, Inc., d/b/a The Hideout Kitchen and Café (Café). The lease
requires Café to spend $130,000 on improvements including new HVAC, electrical,
walk-in-cooler, cabinetry, countertops, flooring and fire sprinkler upgrades. Café
was required to complete those improvements within six months (January 31,
2020). The Board has granted Café
multiple extensions to complete construction.
On July 28, 2020, the Board extended the deadline again to September 30,
2020. Although construction was to have
been completed at the time, on October 17, 2020 a fire sprinkler system break,
unassociated with the interior work, delayed the project further. On October
19, 2020, staff sent a notice of an event of default pursuant to the terms of the
Lease. Staff has monitored and confirmed construction progress with weekly
status inspections. On November 19, 2020, Café notified the County that its
contractor was filing for bankruptcy and a hold was placed on the permit until
a new contractor was assigned. Despite
this setback, Café has continued to work on the improvements. Staff recognizes
that the Café's construction process has been severely impacted by Covid-19
restrictions and supply chain delays.
Based on these issues staff recommends extending the deadline for Café
to complete construction until March 31, 2021.
In the event Café is unable to meet this latest deadline, staff requests
authorization for the County Administrator to terminate the lease with LJL Food
Management, Inc., d/b/a The Hideout Kitchen & Café. (Property & Real Estate Management) Countywide
(HJF)
FEBRUARY 9, 2021
6. REGULAR AGENDA
C. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County (County), Florida supporting the State of Florida’s
activities to monitor, analyze, protect and restore the quality of water
resources, as well as provide funding support to local governments. SUMMARY: This resolution is seeking to encourage the State of Florida to
implement the following activities to help improve the quality of water
resources: increase funding for water
quality grant programs to accelerate and expand opportunities for storage and
water quality improvement, in coordination with the U.S. Army Corps of
Engineers, within Lake Okeechobee, and in tributary basins of Lake Okeechobee
and connected coastal ecosystems, including the Lake Worth Lagoon and
Loxahatchee River; expand Florida Department of Environmental Protection’s
Innovative Technology and other water quality improvement-related grant
programs to allow private entities, that may possess innovative technologies
that support water quality improvement in the greater Lake Okeechobee
watershed, to apply directly for said grants as the Eligible Grant Recipient;
to encourage all public and private entities to explore opportunities for
collaboration and implementation of projects and activities that will improve
water quality in the Lake Okeechobee watershed and continue to support sound
agricultural practices and production; and to support the South Florida Water
Management District to identify and prioritize additional funding to focus on projects
that support water quality restoration and maximize nutrient reductions in
water bodies and their contributing watersheds, including septic
upgrades/conversions, and stormwater improvements. There is no cost to the
County. Countywide (SS)
D. AIRPORTS
1. Staff recommends
motion to approve: Corrective Action Plan (CAP) required by Federal
Aviation Administration (FAA), Final Agency Decision (FAD) in Forman v. Palm Beach County, FAA Docket
No. 16-17-13, providing, subject to FAA approval, for: access to the Palm Beach
County Park Airport (Lantana Airport) to jet aircraft capable of utilizing
Runway 10/28; submission of a request to the FAA to conduct an airspace
assessment on Runways 4/22 and 16/34; the initiation of the process for the
repeal of Section 12-6(a) of the Airport Rules and Regulations (R-98-220),
which prohibits pure turbo-jet aircraft and aircraft in excess of 12,500 pounds
engaging in air cargo operations from operating at the Lantana Airport (Jet
Restriction); and submission to the FAA of the CAP on or before March 14, 2021.
SUMMARY:
On January 13, 2021, the FAA issued a FAD determining the Jet Restriction is
not grandfathered under the Airport Noise and Capacity Act (ANCA) and violates
the County’s federal grant obligations. The FAA ordered the County to submit a
CAP within 60 days, which must, subject to FAA approval, “permit immediate
access” to jet aircraft capable of using the Lantana Airport’s existing
runways, and, within 180 days, provide a formal, legal commitment to rescind or
not enforce the Jet Restriction. The CAP provides that the County will submit a
formal request to FAA’s Air Traffic and Flight Standards Divisions to conduct
an assessment on airspace impacts associated with the operation of jet aircraft
on Runways 4/22 and 16/34. In order to provide immediate access, the CAP
provides that County will not enforce the Jet Restriction for aircraft landing
on Runway 10/28 since the FAA previously concluded that Runway 10/28 can be
used by jet aircraft without adverse airspace impacts, and the County will,
after the completion of the airspace assessment, formally repeal the Jet
Restriction. The CAP requires the County to formally notify the City of
Atlantis that the County no longer has the authority to enforce the Jet
Restriction. The CAP provides that jet operations will be considered in the
on-going Part 150 Noise Compatibility Study (R2019-1687) to determine potential
noise impacts on surrounding communities. Upon advice of the County Attorney
and outside counsel, the Department of Airports is requesting approval of the
CAP to ensure no further enforcement action is taken by the FAA. Countywide (AH)
FEBRUARY 9, 2021
6. REGULAR AGENDA
D. AIRPORTS (Cont’d)
2. Staff recommends
motion to approve: Airport Medical Testing Center
Agreement (Agreement) with Helix Virtual, Inc. (Helix), providing for the lease
of approximately 851 square feet of space at the Palm Beach International
Airport (PBI) for the provision of COVID-19 testing to airport passengers and
employees and limited medical services to the general public, commencing upon
Board approval and terminating on September 30, 2021, with three, one-year
renewal terms, for payment of rental in the amount of $27,844.96 for the
initial term. SUMMARY:
This Agreement provides for COVID-19 testing by Helix at
PBI, including polymerase chain reaction (PCR) test and rapid tests. Testing
services are being offered by a growing number of airports throughout the
United States, including the Fort Lauderdale International Airport and Tampa
International Airport, for the purpose of facilitating safe travel in
accordance with CDC guidance and to assist compliance with state-mandated
testing and quarantine orders. COVID-19 testing services will be limited to
passengers with a documented travel itinerary within 72 hours of the test and
airport employees, including employees of airlines and service providers. All testing services will be provided on a
voluntary basis. Results of PCR tests are anticipated to be available within
approximately 24 hours of testing, and rapid test results are generally less
than 30 minutes. Helix has also proposed
providing limited medical services at PBI, including telehealth medicine and
vital assessments. Helix will lease approximately 851 square feet of space
located on the second level of the terminal, east end near Concourse C. The space was formerly an airline lounge and
requires minor improvements. Rental will
commence 60 days after the effective date to provide for a portion of the cost
of improvements; however, Helix anticipates starting operations as quickly as
possible following approval of the Agreement. The Agreement will automatically
renew each October 1st for up to three additional one-year terms,
unless either party elects not to renew. The rental rate will also adjust each
October 1st, based on the then-current terminal rental rate in
accordance with the Signatory Airline Agreement (R2019-1155). Although Airport
Concession Disadvantaged Enterprise (ACDBE) participation was encouraged, it
was not required due to the lack of availability of qualified ACDBE firms
performing medical testing services. ACDBE participation for this Agreement is
0%. Countywide (AH)
FEBRUARY 9, 2021
6. REGULAR AGENDA
E. ADMINISTRATION
1. Staff requests
Board direction: regarding a resolution opposing
elimination of statutory authorization for regional planning councils in
Florida as proposed in Senate Bill 62 or similar proposed legislation. SUMMARY:
At the January 26th BCC Workshop meeting, staff was directed by the
Commission to draft and bring back this resolution for consideration by the
Board. Additionally, the BCC requested staff provide an overview of the
functions and responsibilities of Regional Planning Councils (RPCs) in
Florida. RPCs are referenced in at least 28 different chapters of the Florida
Statutes. Primary powers and duties are
outlined Florida Statute, and include:
▪
To act in an advisory capacity to local governments in
regional, metropolitan, county, and municipal planning matters, and provide
technical assistance on growth management matters.
▪
To conduct studies of the resources of the region.
▪
To prepare and adopt a strategic regional policy plan
that addresses affordable housing, economic development, emergency
preparedness, natural resources of regional significance, and regional
transportation.
▪
To review plans of independent transportation
authorities and metropolitan planning organizations to identify inconsistencies
between those agencies’ plans and applicable local government plans, and to
coordinate land development and transportation policies in a manner that
fosters region wide transportation systems.
Over the past decade, there have been significant changes
to Florida statute that have altered the authority and responsibility of
RPCs. In a continued effort, the sponsor
of Senate Bill 62 is proposing ideas that would further erode the
responsibilities of the RPCs.
The
Resolution contemplated in this agenda item speaks specifically to the filing
of Senate Bill 62 which does the following:
▪
SB 62 removes Regional Planning Councils (RPCs) and
all references thereto from Florida law.
▪
The ten existing RPCs would no longer be governed by
state law. However, RPCs governed by an existing interlocal agreement will
continue to function under the terms and conditions of the enabling agreement.
▪
The bill reassigns RPC functions and duties under
state law, where appropriate, to other state agencies and local governments.
▪
Currently, RPCs serve an administrative/advisory role,
do not preempt local government land use authority, and have no regulatory
powers.
▪
The bill expressly provides that local governments may
enter into agreements to create regional planning entities at the local level
pursuant to ch. 163, F.S. Countywide (AH)
* * * * * * * * * * * *
FEBRUARY 9, 2021
A. HOUSING
AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve: appointment of one nominee to the Commission on
Affordable Housing (CAH) for a new term from February 9, 2021 to February 8,
2024, and appointment of five nominees to the CAH to complete the term through
July 9, 2021.
Seat: Appoint: Nominated By:
Essential Services John-Anthony
Boggess Mayor Dave Kerner
Personnel (new)
Not-for-Profit Provider Timothy
Coppage Vice Mayor Robert
S. Weinroth
of Affordable Housing Commissioner
Melissa McKinlay
For-Profit Provider of Elliot
Johnson Commissioner
Melissa McKinlay
Affordable Housing
Banking and Mortgage Aquannette
Thomas Commissioner Weiss
Banking Industry
Employers within Amy
Robbins Commissioner
Mack Bernard
the Jurisdiction Commissioner Melissa McKinlay
Real Estate Lynda
Charles Commissioner
Melissa McKinlay
Professional or
Joey
Eichner Commissioner
Maria Marino
SUMMARY: Staff recommends appointment of the above
listed individuals to the CAH for one unfilled seat for a term from February 9,
2021 to February 8, 2024, and to fill five vacancies to complete terms through
July 9, 2021. In accordance with Section
420.9076, Florida Statutes 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. Section 420.9076, Florida Statutes calls for
a minimum of 8 and a maximum of 11 members representing various categories
related to affordable housing. John-Anthony Boggess of the School District of
Palm Beach County has disclosed his employer’s existing contracts with the
County. Staff has evaluated these contractual relationships and determined
that the CAH provides no regulation, oversight, management or policy-setting
recommendations regarding any of the disclosed contractual relationships.
Disclosure of these contractual relationships 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. With
the appointment of the five unopposed nominees, a diversity count of the ten
members will demonstrate a racial/ethnic breakdown of Caucasian: 8 (80%) and African American: 2 (20%), and a
gender ratio (female:male) of 2:8. Final composition will depend on the appointment
from the opposed nominees. Countywide (HJF)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
FEBRUARY 9, 2021
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
FEBRUARY 9, 2021
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER MELISSA MCKINLAY
Request for off-site Proclamation in
Memoriam Honoring the Life of Richard Machek
District 7 – COMMISSIONER MACK BERNARD
FEBRUARY 9, 2021
10. 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."