March 22, 2022

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

MARCH 22, 2022

 

PAGE             ITEM

 

17                    3L-2                 MOVED TO REGULAR (NOW 5J-1)

 

40                    5F-1                 REVISED SUMMARY: All Traffic Impact Study and Land Use Traffic Study review applications must be accompanied by the associated required fee.  Fees are applied countywide, including municipalities. Since the Board of County Commissioners approved the original application fees on April 15, 2008, the fees have not changed, whereas staff costs have increased. Adopting this resolution will amend the application fees to account for current staff review costs, as well as establish a method to adjust the fees to automatically increase to match the increase in the Consumer Price Index (CPI) on October 1st of each year. Fees will increase 10% every year until after the 5th year, when fees will increase based on the CPI. On October 21, 2021, the Engineering Department sent notice of the proposed fee changes to the Palm Beach Chapter of the Florida Engineering Society (FES) and The Gold Coast Builders Association (GCBA).  A meeting with the GCBA Executive Officer was held and addressed their comments.  No feedback was received from FES. (Eng)

 

41                    5I-1                  ADD-ON: Staff recommends motion to approve: A) participation in the Settlement Agreement and Release between the State of Florida and Endo Health Solutions and Endo Pharmaceutical Inc., (Endo) and authorize the Mayor to execute the Subdivision Settlement and Participation Form sought by Florida’s Attorney General in furtherance of a settlement against Endo in the National Multidistrict Opioid Litigation; and B)  an inter-local agreement with Municipalities that contain more than 50% of the total population of municipalities in order to meet the requirements of the Florida Plan as a Qualified County. SUMMARY: On February 8, 2022, the Board of County Commissioners (BCC) granted the County Attorney’s request to schedule a private meeting for an attorney-client session between the Board of County Commissioners, the County Administrator, County Attorney, Chief Assistant County Attorney and outside counsel, pursuant to Section 286.011(8), Florida Statutes. The meeting was requested to discuss settlement negotiations of pending litigation in which Palm Beach County is presently a party: In re: National Prescription Opiate Litigation, Case Number: MDL 2804 (N.D. Ohio); and Palm Beach County v. Purdue Pharma; et al., Case Number: 1:18-op-46121-DAP (N.D. Ohio). Based on the March 8, 2022, private meeting for the attorney-client session, staff recommends the BCC to approve participation in the Settlement Agreement and Release between the State of Florida and Endo, and authorize the Mayor to execute the Subdivision Settlement and Participation Form.  Further, the County worked with the Palm Beach County League of Cities to secure inter-local agreements with Palm Beach County Municipalities that represent a more than 50% of municipalities’ total population as required by the Florida Plan. Countywide (DO) (Attorney)

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).


           

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

MARCH 22, 2022

 

 

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 7-29)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Pages 30-34)

 

BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Page 35)

 

 5.        REGULAR AGENDA (Pages 36-41)

           

 6.        BOARD APPOINTMENTS (Page 42)

 

 7.        STAFF COMMENTS (Page 43)

 

 8.        BCC COMMENTS (Page 44)

 

 9.        ADJOURNMENT (Page 45)

 

 

 

 

* * * * * * * * * * *


MARCH 22, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

B. CLERK & COMPTROLLER

Page 7

            3B-1    Warrant list

            3B-2    Contracts and claims settlements list

 

C. ENGINEERING & PUBLIC WORKS

Page 7

3C-1   Receive and file report of plat recordations from April 1, 2021 through September 30, 2021

 

D. COUNTY ATTORNEY

Page 7

3D-1   Settlement agreement with Maria V. Costanzo

3D-2   Settlement agreement with Irene M. Zambrano

 

E. COMMUNITY SERVICES

Page 8

            3E-1    Appointments to the Palm Beach County HIV CARE Council

Pages 9-10

            3E-2    Contracts with agencies for recovery services

 

F. AIRPORTS

Page 11

            3F-1    Receive and file aeronautical permit with Baggage Express LLC for support services to airlines

            3F-2    Change order to amendment to contract with The Morganti Group, Inc. for the Escalator Replacement project at Palm Beach International Airport

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 12

            3H-1   Receive and file equipment use agreement with Ric L. Bradshaw for use of a bucket truck

            3H-2   Water Treatment Plant No. 8 Plat

Page 13

            3H-3   Quit Claim Deed from the Solid Waste Authority for a portion of 95th Avenue South

Page 14

            3H-4   Change order to Amendment to contract with Kaufman Lynn Construction, Inc. for the Canyon District Park project

Page 15

            3H-5   Amendment to contract with D. Stephenson Construction, Inc. for the Homeless Resource Center 2 project

 

 

 

MARCH 22, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

K. WATER UTILITIES

Page 16

            3K-1    Subordination of County Utility Interests to the State of Florida Department of Transportation for the easement located south of Atlantic Avenue and east of SR 7

            3K-2    Work authorization to contract with Hinterland Group Inc. for the Lift Station No. 0127 Improvements project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 17

            3L-1    Receive and file change order to the grant agreement with the State of Florida, Department of Environmental Protection for the Palm Beach Resilient Island project

            3L-2    Updated Management Plan for Jupiter Ridge Natural Area

 

M. PARKS & RECREATION

Page18

            3M-1   Budget documents for the Park Ridge Golf Course Greens Renovation project

           

U. INFORMATION SYSTEMS SERVICES

Page 18

            3U-1   Receive and file Notice of Termination of Interlocal Agreement with the Town of Lantana for the Hypoluxo Island Gas line

           

            Z. RISK MANAGEMENT

Page 19

            3Z-1    Renewal of insurance policies with Risk Management Associates, Inc.

 

AA. PALM TRAN

Page 20

            3AA-1 Resolution affirming the BCC’s desire to continue as the Community Transportation Coordinator

            3AA-2 Fiscal Year 2022 Certifications and Assurances to the Federal Transit Administration

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

CC. SHERIFF

Page 21

            3CC-1 Receive and file grant modifications with the Office of National Drug Control Policy for the Narcotics Task Force and the Maritime RADAR project

Page22

            3CC-2 Modification Notices with the U.S. Department of Homeland Security, Transportation Security Administration for five canine teams at Palm Beach International Airport

Page 23

            3CC-3 Receive and file grant modification with the Office of National Drug Control Policy for the Palm Beach County Narcotics Task Force

            3CC-4 Subaward and grant agreement for a FY21 State Homeland Security Grant for specialty team equipment

Page 24

            3CC-5 Subgrant agreement from the State of Florida Department of Transportation for expanded scope and capacity of toxicology testing

            3CC-6 Budget transfer from the Federal Treasury Law Enforcement Trust Fund for law enforcement training and education

Page 25

            3CC-7 Receive and file modification to subgrant agreement with the Florida Division of Emergency Management for specialty team equipment

Page 26

            3CC-8 Budget transfer from the Law Enforcement Trust Fund for crime prevention activities

Page 27

            3CC-9 Grant award from the Florida Department of Law Enforcement for the FY22 Identity Theft and Fraud Grant Program

 

            DD. OFFICE OF COMMUNITY REVITALIZATION

Page 28

            3DD-1 Installation of speed humps in three CCRT communities

 

            EE. TOURIST DEVELOPMENT COUNCIL

Page 29

            3EE-1 Receive and file FY2022 grant agreement with Palm Beaches Marathon, LLC for promotion of the Garden of Life Palm Beaches Marathon

            3EE-2 Receive and file FY2022 grant agreement with Equestrian Sport Productions, LLC for promotion of the Holiday & Horses Circuit

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

TABLE OF CONTENTS

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. PALM TRAN

Page 30

            4A-1    Resolution approving submission of grant application for replacement of paratransit vehicles

Pages 31-32

            4A-2    Electronic grant application with the Federal Transit Administration for replacement of buses

 

            B. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

Page 33

            4B-1    Resolution approving Fiscal Year 2022 mid-year budget amendments and transfers

 

            C. PLANNING, ZONING & BUILDING

Page 34

            4C-1   Ordinance amending the Mortgage Foreclosure Registration Ordinance

 

BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD

Page 35

            4D-1   Ordinance amending the Palm Beach County Environmental Control Ordinance

 

 

 

REGULAR AGENDA

 

A. AIRPORTS

Page 36

            5A-1    Amendment to agreement with RS&H, Inc. for the Palm Beach County Airports Capital Improvement Program

           

            B. HOUSING AND ECONOMIC DEVELOPMENT

Page 37

            5B-1    Resolution authorizing the submission of an Intermediary Relending Program Application to the United States Department of Agriculture Rural Development to provide gap financing to businesses in the wester communities

 

            C. PALM TRAN

Page 38

            5C-1   Addition of positions to support Palm Tran’s Maintenance Section’s move to 24-hours 365-day operations at the North and South facilities

 

            D. FACILITIES DEVELOPMENT & OPERATIONS

Page 39

            5D-1   Contracts with two contracts for the Fire Station Capital Improvements Program - Renovations

 

MARCH 22, 2022

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

            E. PARKS & RECREATION

Page 40

            5E-1    Naming roadway in John Prince Park to Jay DiPietro Way

 

            F. ENGINEERING & PUBLIC WORKS

Page 40

            5F-1    Resolution amending the application fee schedule for reviewing a Traffic Impact Study of the Unified Land Development Code

 

            G. PLANNING, ZONING & BUILDING

Page 41

            5G-1   Resolution amending the schedule of fees for the Code Enforcement division

 

H. COMMUNITY SERVICES

Page 41

            5H-1   Contract with Florida Association of Recovery Residences, Inc. for measuring long-term recovery outcomes

 

 

BOARD APPOINTMENTS (Page 42)

 

 

STAFF COMMENTS (Page 43)   

 

 

COMMISSIONER COMMENTS (Page 44)

 

 

ADJOURNMENT (Page 45)

 


MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to receive and file: a report of plat recordations from April 1, 2021 through September 30, 2021. SUMMARY:  This report is a bi-annual summary of subdivision plats recorded during the fiscal quarters since the previous report. There were 22 plats recorded during this period. This report is required by the Department of Engineering and Public Works Policies and Procedures Manual No. EL-O-2618, governing administrative approval of plats by the County Engineer. Countywide (YBH)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $90,000 in the personal injury action styled Maria V. Costanzo vs. Palm Beach County Board of County Commissioners, Case No. 502020CA002803XXXXMB AA. SUMMARY:  This is a personal injury lawsuit arising from a trip and fall accident in Boca Raton. Plaintiff was walking on a Palm Beach County-owned asphalt pathway when she tripped on a 1”-deep crater in the asphalt causing her to fall forward. Plaintiff suffered hand, wrist, and arm injuries as a result of the accident and underwent medical treatment, including two surgeries. Countywide (JM)

 

2.         Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $75,000 in the personal injury action styled Irene M. Zambrano v. Palm Beach County, Case No. 502021CA001904XXXXMB AB. SUMMARY: This is a personal injury lawsuit arising from a motor vehicle accident in Lake Worth.  While at a stop light, Plaintiff’s vehicle was struck from behind by a Palm Beach County Fire Rescue ambulance.  Following the accident, Plaintiff complained of headaches and suffered neck and back injuries.  As a result, Plaintiff underwent medical treatment, including injections, and was recommended for spinal surgery. Countywide (TSB)

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: the reappointment of one current member and the appointment of one new member to the Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council, effective March 22, 2022:

 

Seat No.

Reappointment

Recommended By

Term Expires

5

Kristina Rowe

HIV CARE Council

03/21/25

 

Seat No.

Appointment

Recommended By

Term Expires

6            

Nancy McConnell

HIV CARE Council

10/18/24

 

 

 

 

 

 

 

 

 

 

 

 

SUMMARY: The Palm Beach County HIV CARE Council (HIV CARE Council) nomination process is an open process with publicized criteria and legislatively defined conflict of interest standards. Ms. Rowe and Ms. McConnell have successfully completed the HIV CARE Council’s nomination process and the HIV CARE Council recommends the appointments. The total membership for the HIV CARE Council shall be no more than 33 at-large members, per Resolution No. 2011-1560. Ms. McConnell will complete the unexpired term of Ms. Skyler King. Ms. Rowe has disclosed that she is employed with Legal Aid Society of Palm Beach County Inc., and Ms. McConnell has disclosed that she is employed with Rebel Recovery Florida, Inc.; both agencies contract with the County for services. The HIV CARE Council provides no regulation, oversight, management, or policy setting recommendations regarding the subject contract or transactions. 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. The diversity count for the 22 seats that are currently filled is African-American: 11 (50%), Caucasian: 6 (27%), Hispanic-American: 4 (18%) and Asian-American: 1 (5%). The gender ratio (female: male) is 11:11. Ms. Rowe and Ms. McConnell are Caucasian. Staff conducts targeted outreach in an effort to proffer candidates for appointments that maintain a diverse composition of the board. (Ryan White Program) Countywide (HH)

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a contract for Provision of Services with Southeast Florida Behavioral Health Network, Inc. (SEFBHN), for the period October 1, 2021 through September 30, 2022, to improve long-term recovery outcomes and quality care by operating the Expanding and Maximizing Better Access to Recovery and Resiliency through Care Coordination (EMBARCC) program, to Palm Beach County residents with substance use and/or co-occurring disorders, in an amount not-to-exceed $650,000;

 

B) a contract for Provision of Services with Palm Healthcare Foundation, Inc. (PHF), for the period October 1, 2021 through September 30, 2023, for the provision of the BeWellPBC Behavioral Health and Wellness Initiative, in the amount not to exceed $200,000, of which $100,000 is budgeted in Fiscal Year (FY) 2022, with an anticipated annual allocation of $100,000 in FY 2023 contingent upon a budgetary appropriation by the Board of County Commissioners (BCC) for the term of this contract; and

 

C) Amendment No. 1 to contract for Provision of Services with Palm Beach County Substance Abuse Coalition, Inc. (PBCSAC) (R2021-1591), for the period October 1, 2021 through September 30, 2023, to amend the payment schedule and scope of work for the provision of recovery support services to individuals, families, and others directly impacted by opioid and substance use disorder, and increase funding by $600,000 for a new total amount not-to-exceed $1,100,000 of which $550,000 is budgeted for FY 2022, with an anticipated annual allocation of $550,000 in FY 2023 contingent upon a budgetary appropriation by the BCC for the term of this contract.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         (Cont’d) SUMMARY: SEFBHN will operate the EMBARCC program. This program will improve long-term recovery outcomes and quality of care by operating and expanding a comprehensive neutral care coordination program to act as an initial and central point of contact for individuals seeking substance use disorder and mental health treatment services. The program will play a pivotal role in an overall transformation towards a recovery-oriented system of care by improving identification of behavioral health needs, maximizing coordination and linkage with needed services across health domains, and optimizing utilization of levels of care in a manner, which is cost-effective, and maximizes the benefit to the individuals receiving services. This will result in anticipated cost-savings, which will be reinvested in needed social, recovery support and prevention services. The BeWellPBC Initiative through PHF seeks to leverage existing resources and efforts to improve Palm Beach County’s behavioral health system of care while also providing platforms for growing support and partnership for community-wide health and wellness. An aim of the initiative is for BeWellPBC to provide logistical support to the Behavioral Health and Substance Use Disorder Steering Committee and assist it with oversight of the updated, coordinated community response plan. This will be implemented through action of the full committee and subcommittees to provide the structure and strategy to streamline continuity, communication, and collaboration across a continuum of support from substance use disorder and mental health services to social, non-clinical health care. Through the work of the committees with support of BeWellPBC, the behavioral health provider community and others will be educated about person-centered, recovery-oriented systems of care, in an effort to build recovery capital as well as foster an environment that maximizes a resident’s opportunities to improve their overall health and wellness and achieve long-term recovery for those with behavioral health and/or substance use disorders. Amendment No 1, with PBCSAC is necessary in order to revise the program amount to $550,000 per fiscal year for two years and revise the scope of work to update the project description and deliverables. PBCSAC will be the facilitating organization to develop an additional Recovery Community Center in Lake Worth, Florida. This project intends to serve 600 unduplicated individuals, families, and others directly impacted by opioid and substance use disorder in FY 2022. The finalization of the contracts were delayed due to an extended review of the agency’s scope of work and budget. Ms. Linda Kane, an employee of SEFBHN, is a member of the Homeless Advisory Committee (HAB). The HAB provides no regulation, oversight, management, or policy-setting recommendations regarding the agency listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. (Community Services Department) Countywide (HH)

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file: General Aeronautical Services Permit (Permit) with Baggage Express LLC, commencing February 15, 2022, terminating on September 30, 2022, and automatically renewing on an annual basis each October 1st unless canceled. SUMMARY: The Permit authorizes Baggage Express to provide support services to airlines operating at the Palm Beach International Airport for payment of service fees in the amount of 7% of gross revenues derived from non-signatory airlines. Delegation of authority for execution of the standard form Permit above was approved by the Board in R2010-0708. Countywide (AH)

 

2.         Staff recommends motion to approve: 

 

A) Change Order No. 3 to Amendment No. 4 of the Construction Manager at Risk Contract with The Morganti Group, Inc. (MGI) for CM at Risk Services for Airport Improvements for Palm Beach County Department of Airports in the amount of $109,422.06 for Work Order MC 15: Escalator Replacement at Palm Beach International Airport (PBI); and

 

B) a budget transfer of $109,422 in the Airport’s Improvement and Development Fund to provide budget for the project, including a transfer from Reserves in the amount of $109,422.

 

SUMMARY:  Amendment No. 4 (Work Order MC 15) in the amount $8,145,981 and 907 calendar days was approved by the Board on September 15, 2020 (R2020-1336) for the Escalator Replacement at PBI. Change Order No. 1 to Amendment No. 4 in the amount of $975,516 was approved by the Board on May 18, 2021 (R2021-0725).  Change Order No. 2 in the amount of $343,870.39 was approved by the Board on February 1, 2022 (R2022-0090). Approval of Change Order No. 3 is required to address the existing conditions at Escalators A and D prior to installing the new handrails.  Following the demolition of the escalators, MGI discovered that there is a steel angle supporting the existing coquina panels that protrudes from the face of the wall, interfering with the clear space required for the escalator handrail. In addition, there is a void between the handrail and wall that will need to be infilled with framing and cement board. This change order also includes the removal of damaged wallpaper adjacent to Escalator N and refinishing of the wall.  Due to the age and poor condition of the wallpaper, it cannot be repaired or matched. MGI has committed to a Disadvantaged Business Enterprise (DBE) goal of 12% for this contract. DBE participation for this change order is 3.8%. Countywide (AH)

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to receive and file: Standard Equipment Use Agreement for the period of December 3, 2021through November 30, 2022, with Ric L. Bradshaw, Sheriff of Palm Beach County for the use of a County-owned bucket truck on an as-needed basis. SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item.  The standard agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator or designee, who in this case was the Director of Facilities Development & Operations Department. The Standard Equipment Use Agreement was approved by the Board on October 1, 2013, Agenda 3H-2.  This executed document is now being submitted to the Board to receive and file. (FDO Admin) Countywide (DB)

 

2.         Staff recommends motion to approve: the Water Treatment Plant No. 8 Plat.  SUMMARY: Water Treatment Plant No. 8 facility (WTP 8) is located off Jog Road, between Belvedere Road and Florida’s Turnpike in West Palm Beach. Palm Beach County’s Water Utilities Department has recently combined the WTP 8 with six adjacent County owned parcels (Expansion Parcels). The combined parcels were subdivided into three parcels of land to be platted. The plat will be recorded in the public records of Palm Beach County. (Property & Real Estate Management) District 2 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) a Quit Claim Deed from the Solid Waste Authority  (SWA) of Palm Beach County for the east 15-foot  portion of 95th Avenue South that is in the process of being abandoned by Palm Beach County; and

 

B) an Access Easement in favor of Solid Waste Authority of Palm Beach County over the 30-foot right-of-way strip of 95th Avenue South which is in the process of being abandoned by Palm Beach County.

 

SUMMARY: The new Mosquito Control facility is being developed on a portion of the undeveloped 7.4 acres of County-owned land (Mosquito Control Property) located approximately 2,000 feet east of State Road 7, on the north side of Lantana Road within unincorporated Palm Beach County.  As part of the development process, the 30-foot right-of-way (Abandonment Area) strip known as 95th Avenue South, lying east of and adjacent to the Mosquito Control Property, is being abandoned by Palm Beach County. The Abandonment Area lies between the Mosquito Control Property and land owned by SWA.  Post abandonment, the Quit Claim Deed (QCD) will convey SWA’s interest in the eastern 15-feet of the Abandonment Area to the County and in exchange the County will grant SWA an Access Easement over the Abandonment Area strip to allow access to the SWA  parcel located north of the Mosquito Control Property and a portion of the County’s undeveloped park property. The Access Easement allows for the realignment of the easement area at a later date once the new access road is constructed to serve both the SWA and County parcels.  Palm Beach County’s Land Development Division requires that both the County and SWA approve the QCD and Access Easement prior to Land Development processing the abandonment. SWA staff will seek the QCD and Access Easement approvals by SWA’s Governing Board at their April 13, 2022 meeting. The QCD and Access Easement will be recorded in the Palm Beach County Public Records after the abandonment of 95th Avenue South has been approved and the abandonment resolution has been recorded. (Property & Real Estate Management) District 6 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: Change Order No. 06 to Amendment No. 1 (R2020-1812) to the construction management contract with Kaufman Lynn Construction, Inc. (R2019-0849) for the Canyon District Park project – Phase 1A increasing the Guaranteed Maximum Price (GMP) in the amount of $253,352.77 for Construction Management Services and increasing contract time by 14 calendar days. SUMMARY: On June 18, 2019, the Board of County Commissioners (Board) approved the contract with Kaufman Lynn Construction, Inc. for construction management services for the Canyon District Park project located at 8802 Boynton Beach Boulevard, Boynton Beach. On December 8, 2020, the Board approved Amendment No. 1 (R2020-1812) for the construction of three soccer/multipurpose fields, a restroom/concessions facility, two retention/recreational lakes, a 12 station fitness trail, and associated parking. Additionally, Amendment No. 1 included clearing, grubbing, leveling and seeding the remainder of the property in order to complete and ensure the effectiveness of the drainage for Phase 1 and the entire property. Change Order No. 06 to Amendment No. 1 authorizes the procurement, hauling, spreading and compacting of approximately 5,500 tons of unwashed sand for three multipurpose fields. Due to heavy and continuous rains, small lime rock shell fragments migrated up from the lower six inches of the root zone to the surface layer of the soccer fields. Consequently, the condition of the soil proved unsatisfactory for the certification and long-term maintenance of the soccer fields. This authorization allows for the procurement and spreading of four inches of unwashed sand to prepare the fields to receive the last two inches of the top soil cap and final turf.  The solicitation for the Construction Manager (CM) was advertised on January 28, 2018 according to the Small Business Enterprise (SBE) Ordinance in place at the time, but this GMP, having been initiated after January 1, 2019, was subject to the requirements of the Equal Business Opportunity Ordinance. The CM is not a certified Small/Minority/ Women Owned Business (S/M/WBE), but has partnered with M.C.O. Construction and Services, Inc., an S/MBE contractor. On November 4, 2020, prior to subcontractor advertisement and bidding, the Goal Setting Committee applied an Affirmative Procurement Initiative to the construction subcontracts of 20% SBE participation, of which 5% must be a Minority Business Enterprise, African American or Hispanic. There is no SBE participation for Change Order No. 06. To date, the CM has achieved 22.63% SBE subcontracting participation overall. The CM is a Palm Beach County Business. The funding sources for this project include the Florida Department of Environmental Protection Grant fund and the Park Impact Fees Z-3 fund. (Capital Improvements Division) District 5 (MWJ)

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve:

 

A) Amendment No. 1 to the contract with D. Stephenson Construction, Inc. (R2020-1576) establishing a Guaranteed Maximum Price for construction management services for the Homeless Resource Center 2 (HRC2) project located at 3680 Lake Worth Road, Lake Worth in the amount of $14,064,641 for a period of 420 calendar days from notice to proceed; and

 

B) Irrevocable Letter of Direction submitted by D. Stephenson Construction, Inc. dated February 17, 2022 and requested by its surety directing the establishment of an escrow account for the project.

 

            SUMMARY: On October 20, 2020, the Board of County Commissioners (Board) approved the contract with D. Stephenson Construction, Inc. (DSC) for the HRC2 project and Task Order No. 1 (R2020-1577) for preconstruction services in the amount of $57,800. The project provides for the construction of a new facility to include 60 new emergency shelter (interim housing) beds, 14 transitional beds, a welcome center, office areas, outdoor facilities, specialized storage, a Palm Beach Sheriff’s Substation, a healthcare facility and support facilities (kitchen, laundry, pantry, community room, shower/rest rooms, cleansing room). Pre-construction services include validating constructability, cost estimating, and procurement services. Amendment No. 1 authorizes the construction of the HRC2 facility including all site work, landscaping, associated culvert canal crossing work, a new entrance on Lake Worth Road, the closure and restoration of the existing entrance on Gulfstream Road and the reconfiguration of the area affected by the construction of the entrance on Lake Worth Road. The Contractor will have 420 calendar days from permit issuance to substantially complete the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $178 per day. The surety bonding the project, Atlantic Specialty Insurance Group (a subsidiary of Intact Insurance Group USA, LLC) has requested that DSC issue an Irrevocable Letter of Direction to the County for the establishment of a project dedicated escrow account. The Irrevocable Letter of Direction is a funds management tool not commonly used by the County in its construction projects. After receiving the Irrevocable Letter of Direction, Staff conducted additional due diligence to fully understand the operational and financial implications of recommending approval; no detrimental impacts were identified. Therefore, Staff is recommending approval of the Irrevocable Letter of Direction. The CM was selected through a competitive solicitation in accordance with the federal requirements provided by the Department of Housing and Economic Development. Under the federal requirements, this project has a 22.4% minority and 6.9% female Equal Employment Opportunity (EEO) participation goal. The EEO minority participation for Amendment No. 1 is 22.4% including 6.9% female participation. D. Stephenson Construction, Inc. is a Palm Beach County business. The funding sources for this project include the Infrastructure Sales Tax fund and Community Development Block Grant. (Capital Improvements Division) District 3 (MWJ)

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: a Subordination of County Utility Interests to the State of Florida Department of Transportation (FDOT).  The Subordination of Utility Easements includes two portions of the following easement recorded in the Official Records of Palm Beach County: ORB 20051 Page 174. SUMMARY: The FDOT has an interest in two portions of the utility easement recorded in the Official Records of Palm Beach County as noted above that have been determined necessary for highway purposes. The utility easement is located south of Atlantic Avenue and east of SR 7. The proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the County to FDOT. The facility located within the utility easement and covered by the Subordination is a 6-inch force main stub out.  FDOT has committed to pay to have the County’s facilities relocated in the future if necessary. The Palm Beach County Water Utilities Department has determined that the subordination of utility interests will not affect any existing and/or current public utility facilities and therefore recommends the subordination. District 5 (MWJ)

 

2.         Staff recommends motion to approve: Work Authorization (WA) No. 6 to the Lift Station Rehabilitation Continuing Construction Contract 2020 (Continuing Contract) with Hinterland Group Inc. (Hinterland) for the Lift Station (LS) No. 0127 Improvements (Project) in the amount of $532,209.10. SUMMARY: On September 15, 2020, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-1379) with Hinterland. WA No. 6 provides for the replacement of 950 linear feet of 4-inch force main necessary to connect LS No. 0127 to the existing force main pipe along Haverhill Road in West Palm Beach. The Project also includes electrical and mechanical rehabilitation of the lift station. The Continuing Contract was procured under the requirements of the Equal Business Opportunity Ordinance. On January 15, 2020, the Goal Setting Committee applied an Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise (SBE) subcontracting participation, of which 3% shall be among certified African American and/or Hispanic American owned firms. The Continuing Contract provides for 26.87% SBE participation, which includes 3.47% M/WBE participation, 3.18% MBE (H), and 0.29 WBE. WA No. 6 includes 30.15% SBE participation which includes 23.17% MBE participation, 23.17% MBE (H), and 0% WBE. The cumulative SBE participation including WA No. 6 is 10.65%, which includes 5.96% MBE participation, 5.87% MBE (H), and 0.09% WBE. Hinterland is a Palm Beach County based company. The Project is included in the PBCWUD FY22 budget. (PBCWUD Project No. 21-009) District 2 (MWJ)

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to receive and file: Change Order No. 2 to the State of Florida, Department of Environmental Protection (FDEP) Grant Agreement No. 2224 (Agreement) for the Palm Beach Resilient Island Project (Project) for the construction of an environmental restoration project. This Change Order No. 2 extends the Agreement’s final deliverables due date from June 1, 2022 to June 30, 2022. There is no change to cost of reimbursement. SUMMARY:  On October 19, 2021, the Board of County Commissioners approved FDEP Grant Agreement R2224 (R2021-1541) for an amount not to exceed $299,971.80 providing for construction of the Project beginning upon agreement execution with final deliverables due June 1, 2022. The Project will construct 1.1 acres of mangrove, oyster reef and bird nesting habitats within the Lake Worth Lagoon. Delegated authority to execute all future time extensions, task assignments, certifications, and any other forms associated with the agreement was approved at that time.  Change Order No. 2 extends the final deliverables due date from June 1 to June 30, 2022 to allow for more time to complete project construction. In accordance with County PPM CW-O-051, all delegated contracts/agreement/grants must be submitted by the initiating Department as a receive and file agenda item.  There is no cost to the County.  Districts 2 & 7 (SS)

 

2.         Staff recommends motion to approve:  an updated Management Plan (Plan) for Jupiter Ridge Natural Area. SUMMARY:  The initial Plan was approved by the Board of County Commissioners (BCC) in November 1996. A ten-year update to the plan was approved by the BCC on June 29, 2010. The Plan identifies natural resources present on the natural area and provides for the preservation, restoration, management and passive recreational use of those resources. The Natural Areas Management Advisory Committee unanimously recommended the Plan for approval at its September 17, 2021 meeting. The State Acquisition and Restoration Council approved the updated plan on February 11, 2022. Initial invasive/nonnative vegetation removal, fence and regulatory sign installation, and public use facilities have been completed. Annual management and operating costs, including prescribed burns/mechanical vegetation reduction, ongoing invasive/nonnative animal and plant control, repair and replacement of facilities, and biological monitoring and reporting are estimated to be $152,803. This cost is for the current fiscal year and is expected to increase as described in the Summary of Fiscal Impact. Funds for capital improvements, and annual management and operation of the site are expected to come from the Natural Areas Fund, Natural Areas Stewardship Endowment Fund, Pollution Recovery Trust Fund, Ag Reserve Land Management Fund, and/or ad valorem funding sources.  District 1 (SS)

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve:

 

A) a budget transfer of $1,732,000 in the Golf Course Operations Fund to the Golf Course Capital Fund for the Park Ridge Golf Course Greens Renovation Project; and

 

B) a budget amendment of $1,732,000 in the Golf Course Capital Fund to recognize the transfer from the Golf Course Operations Fund and appropriate it to the project.

 

SUMMARY:  The budget transfer and budget amendment establish the Park Ridge Golf Course Greens Renovation Project in the Golf Course Capital Fund. This funding will be used to modernize and restore the greens at Park Ridge Golf Course after 16 years of continuous operation.  Funding for this budget transfer is from the Golf Course Operations Fund reserves. District 6 (AH)

 

           

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to receive and file: Notice of Termination of Interlocal Agreement with Town of Lantana for the Hypoluxo Island Gas line non-ad valorem assessment. SUMMARY:  The Town of Lantana has an existing Interlocal Agreement with Palm Beach County dated May 6, 2016 to certify its non-ad valorem assessment roll to the Property Appraiser for the Notice of Proposed Property Taxes and to the Tax Collector for the Actual Property Tax Notice. The Town of Lantana has formally requested the termination of the agreement. Countywide (DB)

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

Z.         RISK MANAGEMENT

 

1.         Staff recommends motion to approve: 

 

A) renewal of the excess property, excess liability, excess workers’ compensation insurance programs, and ancillary policies for the period April 1, 2022 through March 31, 2023 purchased under Contract No. 21-040DP through the County’s contracted broker, Risk Management Associates, Inc. (aka Brown & Brown), at a total cost not-to-exceed $12,170,410; and

 

B) the update of the County Self-Insured Retention Plan to reflect changes associated with the self-insured retentions (SIR) for both excess property and workers’ compensation.

 

SUMMARY: The projected 2022-2023 excess insurance program renewal premiums reflect a total not-to-exceed cost of $12,170,410 which is approximately a 2% overall decrease over the expiring total premium of $12,409,703. Within that number are significant savings (5% in our property premium) as well as significant coverage enhancements throughout our entire excess insurance program. Enhancements include dropping the non-wind property SIR from $1,000,000 to $500,000 and better defining sublimits within our policies resulting in approximately $500,000,000 in additional coverage protections for miscellaneous coverages. Through aggressive marketing, the Broker was also able to limit increases in problem placement areas including technology (cyber), and boiler and machinery. The County’s total insurable property value currently stands at just over $2.6 billion. The program also includes $5 million of excess liability insurance, subject to a $500,000 SIR. Excess workers’ compensation insurance is included covering all costs in excess of $2.25 million per occurrence.  All state-mandated surcharges and assessments are included within the estimated cost.  Sufficient funds are budgeted for this coverage. Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.     PALM TRAN

 

1.         Staff recommends motion to approve: a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida affirming the BCC's desire to continue as the Community Transportation Coordinator (CTC) for Palm Beach County; requesting the Transportation Planning Agency (TPA) of Palm Beach County adopt a resolution officially recommending the BCC as the CTC for Palm Beach County; and requesting the TPA to notify the Florida Commission for the Transportation Disadvantaged (CTD) accordingly. SUMMARY: Since 1999, the BCC, doing business as Palm Tran, Inc., has been the designated CTC for Palm Beach County. It has fulfilled all CTD requirements to coordinate transportation services for the transportation disadvantaged with the most cost effective and efficient service. The agreement between the BCC and CTD to provide services as the designated CTC for Palm Beach County expires June 30, 2022. Section 427.015(2), Florida Statutes requires the TPA to recommend a CTC to the CTD for approval. The BCC needs to notify the TPA by letter and resolution of its desire to continue as the CTC for Palm Beach County. Countywide (MM)

 

2.         Staff recommends motion to: 

 

A)  approve the Fiscal Year 2022 Certifications and Assurances (C&As) to the Federal Transit Administration (FTA);

 

B) authorize the County Administrator or designee to electronically execute and file the required C&As on behalf of the Board of County Commissioners (BCC) and to bind the BCC’s compliance with the C&As; and

 

C) approve the FTA Master Agreement FTA MA (29) dated February 7, 2022.

 

SUMMARY: On February 3, 2022, the FTA released the FY2022 list of C&As. The annual list covers 20 categories such as Lobbying, Alcohol and Controlled Substances Testing, Seniors and Individuals with Disabilities Programs, Non-Discrimination, Disadvantaged Business Enterprises, and Hiring Preferences. The FTA requires grantees to submit C&As within 90 days of publication to signify the County’s commitment to comply with requirements applicable to any FTA award the County pursues during FY2022. The FTA also requires an affirmation from the applicant's attorney that the applicant has authority to make and comply with the Assurances. The FTA Master Agreement (FTA MA (29)) contains the standard terms and conditions that apply to projects financed with funds awarded by the FTA in FY2022. Approval of the FTA MA (29) represents the County’s legal affirmation to abide by the applicable terms and conditions identified in FTA MA (29). These documents do not allocate any funding or pledge any county funds. Countywide (MM)

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) receive and file Grant Modification #3 and #4 with the Office of National Drug Control Policy to provide an additional $43,737 and $250,000 in grant funds for the Palm Beach County Sheriff’s Office; and

 

B) approve a budget amendment of $293,737 in the Sheriff’s Grant Fund.

 

SUMMARY: The Board of County Commissioners (BCC) accepted this grant award for $149,193 on May 5, 2020 (R2020-0502). The BCC approved Grant Modification #1 to provide an additional $36,306 in grant funding on January 12, 2021 (R2021-0096).  The BCC approved Grant Modification #2 to provide an additional $26,656 in grant funding on September 14, 2021 (R2021-1300). Grant Modification #3 will provide an additional $43,737 in grant funding to support overtime for the Palm Beach County Narcotics Task Force. Grant Modification #4 will fund equipment for a Maritime RADAR Project. The Catalog of Federal Domestic Assistance number is 95.001 and the contract number is G20MI0011A. There is no match requirement associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, Contract Award Modification Notice #4 and #5 with the U.S. Department of Homeland Security, Transportation Security Administration (TSA), to provide $73,704 in supplemental funding and to extend the contract agreement through March 31, 2022; and

 

B) approve a budget amendment of $73,704 in the Sheriff’s Grants Fund.

 

SUMMARY: The Board of County Commissioners (BCC) accepted this grant for $126,249 on August 25, 2020 (R2020-1179) to fund five Canine Teams at the Palm Beach International Airport (PBIA) through TSA’s National Explosives Detection Canine Team Program (NEDCTP) for the contract period July 1, 2020 through December 31, 2020. The BCC approved Contract Modification #1 on March 9, 2021 (R2021-0377) which provided $21,042 in additional funding to offset the costs of the five Canine Teams at PBIA and extended the contract period through January 31, 2021. The BCC approved Contract Modification #2 on April 6, 2021 (R2021-0457) which provided $21,042 in additional funding to offset the costs of the five Canine Teams at PBIA and extended the contract period through February 28, 2021. The BCC approved Contract Modification #3 on May 18, 2021 (R2021-0720) which provided $210,416 in additional funding from March 1, 2021 through December 31, 2021. This Contract Modification #4 and #5 will provide $73,704 in additional funding and extend the contract period through March 31, 2022. The purpose of the TSA NEDCTP Program is to provide enhanced security at the PBIA, to promptly respond to threats and suspected explosive devices, which affect air carrier operations. No additional positions are needed and no additional County funds are required. The contract number is 70T02020T9NNCP464. There is no match requirement associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

3.         Staff recommends motion to:

 

A) receive and file Grant Modification #1 with the Office of National Drug Control Policy to provide an additional $34,064 in grant funds for the Palm Beach County Sheriff’s Office; and

 

B) approve a budget amendment of $34,064 in the Sheriff’s Grant Fund.

 

SUMMARY: On April 6, 2021, the Palm Beach County Sheriff’s Office received a grant award from the Office of National Drug Control Policy in the amount of $132,496 for the period of January 1, 2021 through December 31, 2022 (R2021-0456). This Grant Modification #1 will provide an additional $34,064 in grant funding to support overtime for the Palm Beach County Narcotics Task Force. The Catalog of Federal Domestic Assistance number is 95.001 and the contract number is G21MI0011A. There is no match requirement associated with this award. Countywide (LDC)

 

4.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Federally-Funded SubAward & Grant Agreement for a FY21 State Homeland Security Grant in the amount of $763,240, for the period of January 18, 2022 through March 31, 2023; and

 

B) approve a budget amendment in the amount of $763,240 in the Sheriff’s Grant Fund.

 

SUMMARY: On January 18, 2022, the Palm Beach County Sheriff’s Office received a FY21 State Homeland Security Grant Program award from the State of Florida, Division of Emergency Management. These funds will be used for specialty team equipment, training and intelligence and information sharing initiatives. The Catalog of Federal Domestic Assistance Number for this program is 97.067 and the contract number is R0515. There is no match associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

5.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Sheriff’s Office, Expanded Scope & Capacity of Toxicology Testing for Impaired Driving Investigations Project, in the amount of $331,025, for the period of January 12, 2022 through September 30, 2022; and

 

B) approve a budget amendment of $331,025, increasing the Sheriff’s Grants Fund.

 

SUMMARY: On January 12, 2022, the Florida Department of Transportation awarded a grant to the Palm Beach County Sheriff’s Office in the amount of $331,025 to support the Expanded Scope & Capacity of Toxicology Testing for Impaired Driving Investigations Project in Palm Beach County. Funds will support the purchase of a new toxicology testing instrument and for a consultant to provide training on the instrument and impaired driving.  The Catalog of Federal Domestic Assistance number is 20.616, the project number is M5CS-2022-00351, and the DOT Contract number is G2362. There is a required cash match in the amount of $40,542 associated with this award which will be funded through PBSO’s approved operating budget. Countywide (LDC)

 

6.         Staff recommends motion to approve: a budget transfer of $72,400 from the Federal Treasury Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: The 2018 Guide to Equitable Sharing for State, Local and Tribal Law Enforcement Agencies, provides that seizing law enforcement agencies shall use Justice and Treasury Forfeiture proceeds for law enforcement purposes only. Permissible uses include: law enforcement operations and investigations; law enforcement training and education; law enforcement, public safety, and detention facilities; law enforcement equipment; joint law enforcement/public safety operations; contracts for services; law enforcement travel and per diem; law enforcement awards and memorials; drug, gang and other prevention or awareness programs; matching grants; and support of community-based organizations. The transfer of Federal Treasury LETF requested above will allow for the purchase of a four-stall bathroom/shower trailer. Use of Federal Treasury LETF requires approval by the Board, upon request of the Sheriff. The current Federal Treasury LETF balance is $141,738. Approval of this request will reduce the Federal Treasury LETF balance to $69,338. The PBSO certifies that the use of these funds is in accordance with the GUIDE. No new positions are needed and no additional County funds are required. Countywide (LDC)

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

7.         Staff recommends motion to receive and file: a Modification #1 to Subgrant Agreement between the Florida Division of Emergency Management and the Palm Beach County Sheriff’s Office, to extend the grant period through September 30, 2022. SUMMARY: The Board of County Commissioners accepted this grant for $1,103,100 on February 2, 2021 (R2021-0205). These funds are used for specialty team equipment, training and intelligence and information sharing initiatives. This agenda item will extend the grant period from March 31, 2022 through September 30, 2022. The Catalog of Federal Domestic Assistance Number for this program is 97.067 and the contract number is R0286. There is no match associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

8.         Staff recommends motion to approve: a budget transfer of $323,000 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 2022 donation requirement is $129,498. 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 $743,500.  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 $2,276,825. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $1,953,825.  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 (LDC)

 

 

ORGANIZATION

AMOUNT

Child Protection Team of Palm Beach, Inc.

$15,000

Children's Case Management Organization, Inc.

$5,000

College for Kids, Inc.

$40,000

Cultural Council of Palm Beach County, Inc.

$5,000

Faith, Hope, Love, Charity, Inc.

$25,000

Florence Fuller Child Development Centers, Inc.

$25,000

Florida Outreach Center for the Blind, Inc.

$5,000

National Campaign to Stop Violence, Inc.

$20,000

New Hope Charities, Inc.

$25,000

Palm Beach County Substance Abuse Coalition, Inc.

$5,000

Safety Council of Palm Beach County, Inc.

$3,000

Student Aces, Inc.

$10,000

The ARC of Palm Beach County, Inc.

$25,000

Urban League of Palm Beach County, Inc.

$100,000

YMCA of the Palm Beaches, Inc.

$15,000

 

 

Total Amount

$323,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

9.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Grant Award for the FY22 Identity Theft and Fraud Grant Program between the Florida Department of Law Enforcement and the Palm Beach County Sheriff’s Office for the period of January 1, 2022 through June 30, 2022; and

 

B) approve a budget amendment of $10,000 in the Sheriff’s Grants Fund.

 

SUMMARY: On January 1, 2022, the Palm Beach County Sheriff’s Office (PBSO) received a grant award from the Florida Department of Law Enforcement (FDLE) in the amount of $10,000 for the FY22 Identity Theft and Fraud Grant Program. These funds will be used for overtime cost to investigate cases of fraud and identity theft, including those crimes which exploit elderly victims in Palm Beach County. The Grant No. is 8F013.  The CSFA # is 71.042. There is no match requirement associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     OFFICE OF COMMUNITY REVITALIZATION

 

1.         Staff recommends motion to approve:


A)
expenditure of $35,300 for the installation of ten speed humps in the Cannongate-Southwoods Countywide Community Revitalization Team (CCRT) area;


B) expenditure of $3,530 for the installation of one speed hump in the San Castle CCRT area;


C) expenditure of $3,530 for the installation of one speed hump in the Plantation CCRT area;


D) a budget transfer of $42,360 to the Capital Outlay Fund from the CCRT Recoup Funding Account to fund increased costs associated with these speed hump installation projects.


SUMMARY: On October 5, 2021, the Board approved the allocation of $50,400 to install ten speed humps in Cannongate-Southwoods ($42,000), one in San Castle ($4,200), and one in Plantation ($4,200). The approved funding was to cover the costs associated with the construction of these speed humps ($36,840) and signing as well as striping ($13,560), with each of the speed humps costing $3,070 for construction and $1,130 for signing and striping. The requested funding is needed to account for a change in the project contractor pricing, which increased the cost of construction from $36,840 to $79,200, an increase of $3,530 per speed hump. The requested budget transfer of $42,360 is needed to supplement the approved funds to cover the costs of speed hump installation in the Cannongate-Southwood CCRT area ($35,300), the San Castle CCRT area ($3,530), and the Plantation CCRT area ($3,530). Districts 2, 6 & 7 (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

EE.      TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: a fully executed Palm Beach County FY2022 Grant Agreement managed by the Palm Beach County Sports Commission, Inc., on behalf of the Palm Beach County Tourist Development Council with Palm Beaches Marathon, LLC, for the promotion of the Garden of Life Palm Beaches Marathon, which was held December 10 – 12, 2021. The Tourist Development Council approved this grant of $15,000 on September 9, 2021. The term of this agreement is August 10, 2021 – April 12, 2022. 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 (R94-702) 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. This grant agreement generated a total of 2,047 room nights and also funded an event which promoted sports tourism in Palm Beach County. District 7 (YH)

 

2.         Staff recommends motion to receive and file: a fully executed Palm Beach County FY2022 Grant Agreement managed by the Palm Beach County Sports Commission, Inc., on behalf of the Palm Beach County Tourist Development Council with Equestrian Sport Productions, LLC, for the promotion of the Holiday & Horses Circuit, which was held December 1, 2021 – January 2, 2022. The Tourist Development Council approved this grant of $20,000 on September 9, 2021. The term of this agreement is August 1, 2021 – May 2, 2022.  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 (R94-702) 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. This grant agreement is generated a total of 12,375 room nights and also funded an event which promoted sports tourism in Palm Beach County. District 6 (AH)

 

 

 

 

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


MARCH 22, 2022

 

 

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

 

A.        PALM TRAN

 

1.         Staff recommends motion to: 

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the submission of a grant application of $560,000 with a required match of $140,000 for a total project cost of $700,000 in Section 5311 capital funds from the Florida Department of Transportation (FDOT); and

 

B) authorize the Mayor of the Board of County Commissioners to execute the grant application, supporting documents, and assurances.

 

SUMMARY: On February 7, 2022, FDOT notified Palm Tran that the allocation of Section 5311 grant funds will not be provided for transit operating assistance.  For the fiscal years 2022 and 2023 FDOT will allocate 5311 funds for capital projects only.  If awarded, the grant funds will be used to replace paratransit vehicles that have met their useful life providing service in the Lake Region.  The application is for $560,000 in grant funds, which require a local match of $140,000 (20% of project) for a total project cost of $700,000. The grant match is included in Palm Tran’s approved FY 2022 budget. The grant application 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. The indemnification obligation must also be passed on to contractors and/or consultants.  An exception to the indemnification language approved by the County’s PPM is potentially warranted here, taking into consideration the County’s need to provide the services, the amount of the grant award, the County’s current performance of such services and liability for its own acts, and the non-waiver of sovereign immunity beyond the statutory caps of Section 768.28, Florida Statutes. As a result, the Risk Management Department and the County Attorney’s Office do not object to this exception to the standard and have advised Palm Tran to present this matter directly for Board approval. District 6 (MM) 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

4.         PUBLIC HEARINGS – 9:30 A.M.

 

A.        PALM TRAN (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) the filing of a multi-source funding (Super-Grant) electronic grant application #1098-2022-1, with the Federal Transit Administration (FTA), for FY2020 and FY2021 Section 5307 (CFDA 20.507), Section 5339 (CFDA 20.526), and Flex Funds (CFDA 20.507). The Super-Grant is for capital funds allocated to Palm Beach County Board of County Commissioners (BCC) in the amount of $40,788,132. This is a cost reimbursable agreement that will become effective upon FTA Award and has an anticipated end date of March 30, 2030;

 

B) the Program of Projects (POP) for the FY2020 and FY2021 Grant allocations from the FTA, in the amount of $40,788,132 of which $35,780,326 is in Section 5307 funds; $4,207,806 is in Section 5339 funds and $800,000 in FLEX Funds programmed by the Palm Beach Transportation Agency (TPA);

 

C) the amendment of the FY2019 POP for Section 5307 Funds to be used for the purchase of replacement computers and shelter replacement project;

 

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

 

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

 

F) an upward budget amendment of $799,731, in Palm Tran’s Grant Fund 1341, to recognize the actual grant award from application 1098-2022-1;

 

G) a budget transfer of $221,676, in Palm Tran’s Fund 1340, to increase the transfer from Palm Tran’s Grant Fund 1341 to offset the cost of preventative maintenance and reduce the transfer from the General Fund 0001; and

 

H) a budget transfer of $221,676 in the General Fund 0001 to recognize the decrease in transfer to Palm Tran Operating Fund 1340 and increase the Contingency Reserve.

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

4.         PUBLIC HEARINGS – 9:30 A.M.

 

A.        PALM TRAN

 

2.         (Cont’d) SUMMARY:  The FTA distributes Section 5307 and 5339 grant funds to provide capital and operating assistance for public transportation projects.  The FY2020 and FY2021 allocation will fund items necessary for the continued operations of the Palm Tran system. FTA encourages the submittal of Super-Grant applications to consolidate allocations for Fixed Route capital projects. This application includes the following: $25,438,698 to replace buses that have reached their useful life; $1,151,434 for security projects; $1,975,000 for Software and Hardware upgrades, $2,800,000 for facility improvements; $2,308,153 for General Planning Consulting contract; $500,000 for Electrification Master Plan Development, and $1,214,426 for preventive maintenance, and $5,400,421 for Bus Shelters replacement and expansion. The FY2020 and FY2021 allocations have a match requirement of $10,197,033 or 20% of the total project cost. The source of the matching funds comes from Toll Revenue Credits provided by the Florida Department of Transportation. The grant application also requires execution of the Disclosure of Lobbying Activities, Form LLL.  No County funds are required.  Countywide (MM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

4.         PUBLIC HEARINGS – 9:30 A.M.

 

B.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

 

1.         Staff recommends motion to approve:

 

A) Resolution of the Board of County Commissioners of Palm Beach County, Florida approving Fiscal Year (FY) 2022 mid-year budget amendments and transfers; and

 

B) budget amendments and transfers in various funds reflecting adjustments for balances brought forward, other revenues, reserves and operating expenses. The total of the adjustments is an increase of $90,859,709 in 178 funds.

 

SUMMARY: These budget amendments and transfers are necessary to adjust FY 2022 budgets to reflect differences between actual and estimated revenues and expenditures of FY 2021. These amendments adjust the balances brought forward, various revenue, expenditure, and reserve accounts to their audited balances.  For the General Fund, this amendment results in an increased fund balance of $39,173,833.  This adjustment is a result of:

 

·                     $2,276,059 net decrease in revenues, excess fees and commission refunds from Constitutional Officers and Judicial: Sheriff’s Office ($6,185,964), Clerk and Comptroller $3,195,731, Supervisor of Elections $70,082, Tax Collector ($1,463,689), Property Appraiser $238,374, Judicial $1,869,408; and

 

·                     $20,420,500 BCC department expenditures less than originally estimated and revenues higher than originally estimated; and

 

·                     $2,766,279 in general government expenses less than originally estimated and general government revenues higher than originally estimated; and

 

·                     $18,263,112 in major and other revenues higher than estimated.

 

These proposed adjustments result in an increase of $37,710,352 in General Fund reserves.  FY 2022 budget projections currently assume the additional fund balance will be used to balance the annual budget. Countywide (DB)

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

4.         PUBLIC HEARINGS – 9:30 A.M.

 

C.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida; amending Palm Beach County Code Chapter 17 (Ordinance 2011-015) pertaining to Mortgage Foreclosure Registration, Section 17-385, Providing for Repeal of Laws in Conflict; Providing for a Savings Clause; Providing for Severability; Providing for Inclusion in the Code of Laws and Ordinances; Providing for Enforcement; Providing for Penalty; Providing for Captions; and Providing for an Effective Date. SUMMARY: On March 8, 2022, the Board of County Commissioners approved the preliminary reading and permission to advertise for Public Hearing. The Palm Beach County (County) Mortgage Foreclosure Registration Ordinance (Ordinance) requires banks and mortgage companies to register properties in default or foreclosure with the County or its designee, to make inspections of the properties, and to identify a property manager or maintenance company as a point of local contact for each property.  The County Ordinance and fee were established in 2011 in response to the impacts the mortgage foreclosure crisis of 2008 had on properties and neighborhoods due to resulting property vacancies, decreases in property maintenance, and other negative impacts that stem from a financial crisis. The County was challenged to identify and/or locate responsible parties to notify if a property was in disrepair or to secure and maintain the properties while going through the foreclosure process and this Ordinance addressed these issues. Currently, and since implemented, the County has used a vendor to register the applicable properties and to maintain a property status and contact database that is accessible by the County Code Enforcement Division. Per the Ordinance, the bank or mortgage holder pays the fee to register and annually renew, if applicable, each property. The volume of properties registering has significantly decreased and the utility of the program is therefore under review. This amendment revises the annual registration fee imposed to clearly reflect that the fee that is collected by the County or its designee is to cover the cost of the registration program. Unincorporated (SF)

 

 

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RECESS AS THE BOARD OF COUNTY COMMISSIONERS

 

 

CONVENE AS THE ENVIRONMENTAL CONTROL BOARD

 

 

 

 

 

 

MARCH 22, 2022

 

 

4.         PUBLIC HEARINGS – 9:30 A.M.

 

BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD        

 

            D.        HEALTH DEPARTMENT

 

1.         Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, sitting as the Environmental Control Board; amending Palm Beach County Code Chapter 11, Article II, Section 11-20 (Ordinance 78-5, as amended by Ordinances 87-22, 89-14, 94-26, 97-58, 08-011, and 2014-028), and Section 11-24 (Ordinance 78-5, as amended by Ordinances 79-15, 85-25, 85-43, 87-22, 89-14, 92-23, 97-58, 08-011, and 2014-028); providing for County Health Department and Solid Waste Authority permits, licenses and approvals; providing for a fee schedule; providing for applicability; providing for a savings clause; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; and providing for an effective date. SUMMARY: On March 8, 2022, the Board of County Commissioners approved the preliminary reading and permission to advertise. The Palm Beach County Environmental Control Act, Chapter 77-716, Laws of Florida, as amended, establishes the Palm Beach County Board of County Commissioners as the Palm Beach County Environmental Control Board and authorizes the Environmental Control Board to adopt, revise, and amend from time-to-time appropriate ordinances for the implementation, effective enforcement, administration and interpretation of the Act. Palm Beach County Environmental Control Ordinance No. 78-5, as amended and codified in Chapter 11, Article II of the Palm Beach County Code was adopted for this purpose. The proposed ordinance will amend the list of activities required to be permitted, licensed or approved as necessary due to change in the laws and regulations of the State of Florida, and update the fee schedule as necessary to keep pace with rising costs and current regulatory requirements. Major changes involve (a) adding fees in the newly established water laboratory for microbiological and chemical sampling, testing, and analysis, (b) increasing selected existing fees to offset increases in operating costs, (c) the addition of new fee categories. Attachment 2 provides a narrative and fiscal analysis of the proposed fee changes. If the ordinance is approved, the proposed fee schedule will result in a revenue increase of $974,840. The League of Cities reviewed the proposed ordinance amendment and adopted a motion of “no objection”. Countywide (HH)

 

 

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ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD

 

 

RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS


MARCH 22, 2022

 

 

5.         REGULAR AGENDA

 

A.        AIRPORTS

 

1.         Staff recommends motion to approve: Amendment No. 5 to the General Consulting Agreement with RS&H, Inc. for Consulting/Professional Services in the amount of $1,325,943.87 and to exercise the second 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 RS&H, Inc. for general airport planning and design was approved by the Board on May 7, 2019 (R2019-0612) in the amount of $2,004,570.58 in order to carry out the approved Capital Improvement Programs for the County’s Airports. Amendment No. 1 was approved by the Board on May 5, 2020 (R2020-0414) increasing the amount of the contract by $2,304,608.30. Amendment No. 2 was approved by the Board on October 20, 2020 (R2020-1607) increasing the amount of the contract by $3,196,990.03.  Amendment No. 3 was approved by the Board on May 4, 2021 (R2021-0576) exercising the first one year renewal option for the continuation of services provided under this agreement.  Amendment No. 4 was approved by the Board on June 15, 2021 (R2021-0844) increasing the amount of the contract by $2,644,110.87. Approval of Amendment No. 5 will allow the County, at its sole discretion, to exercise the second one-year renewal option for the continuation of services provided under this agreement and will provide an additional $1,325,943.87 to complete the following tasks: Palm Beach International Airport (PBI) Switchgear Normal Power Distribution System Replacement Construction Administration (CA) & Resident Project Representative Services; PBI 400Hz Ground Power Unit (GPU) Replacement CA & RPR Services; PBI Pre-Conditioned Air and GPU Point-of-Use Design & Bidding Services (Supplemental); and Task III Services - Miscellaneous Planning and Engineering Services. Work to be completed under these Task III Services will be issued in accordance with PPM CW-F-050, by way of a separate proposal or task authorization. RS&H, Inc. is a Jacksonville, Florida based firm; however, the majority of the work to be completed in this agreement will be managed through their Fort Lauderdale, Florida offices in conjunction with several Palm Beach County-based and South Florida-based sub-consultants and firms.  A Disadvantaged Business Enterprise (DBE) goal of 18% was set for this contract. RS&H, Inc. committed to 23% DBE participation for this agreement.  The anticipated DBE participation based upon the approved tasks is 33.76%. The current paid to date DBE participation is 32.05%. The DBE participation for this Amendment is 41.13%. Pursuant to changes to Chapter 332, Florida Statutes, effective October 1, 2020, a governing body of a commercial service airport may not approve purchases of contractual services in excess of the Category Five threshold amount of $325,000 provided in Section 287.017, Florida Statutes, on a consent agenda.  This amendment exceeds the threshold amount and must be approved on the regular agenda.  Countywide (AH)

 

 

 

 

MARCH 22, 2022

 

 

5.         REGULAR AGENDA

 

B.        HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to adopt: a resolution authorizing the Department of Housing and Economic Development to submit an Intermediary Relending Program (IRP) Application for up to $1,000,000 to the United States Department of Agriculture (USDA) Rural Development; authorizing acceptance of the funds awarded; and authorizing the County Administrator or designee to execute the Loan Application and all other documents necessary for implementation of the IRP. SUMMARY: Staff is recommending that the County submit an application to USDA, which if approved will increase the County’s $1.4M allocation to $2.4M.  The IRP provides gap financing to businesses located in the County’s western communities to alleviate poverty and increase economic activity and employment.  These loan funds will be leveraged with other public and private loans, and the borrower will pledge security as collateral.  IRP funds are Federal funds, which require no local match. District 6 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

5.         REGULAR AGENDA

 

C.        PALM TRAN

 

1.         Staff recommends motion to approve:

 

A) the addition of two Storekeepers, one Shipping & Receiving Coordinator, three Special Projects Coordinators, three Electronics Technicians, one Maintenance Supervisor and one Training & Technical Specialist positions to the complement of Palm Tran;

 

B) an upward budget amendment of $221,676, to Palm Tran’s Fund 1340, to increase the transfer from the General Fund 0001 to fund the new positions;

 

C) a budget transfer of $221,676 from the General Fund 0001 to recognize the increase in transfer to Palm Tran Operating Fund 1340 and decrease the contingency reserve.

 

SUMMARY:  The two Storekeepers and one Shipping & Receiving Coordinator are necessary to support Palm Tran’s Maintenance Section’s move to 24-hours 365-day operations at both the North and South facilities. Three Special Projects Coordinators would serve as Transit Video Review Specialists. They will ensure tracking system of requests and videos are available for subpoenas and inquiries and will confirm surveillance systems are functioning to assist in accountability, accuracy, storage and retrieval of bus accidents, incidents, complaints and requests from authorized personnel. The three Fare Box technicians are needed to assist in maintaining the equipment for the new fare collection system including the fareboxes, ticket vending machines and Point of Sale devices.  The Maintenance Supervisor and three Transit Electronics Technicians are needed to maintain the growing number of electronics on the fixed route buses needed to maintain safety and security such as cameras, radios, Wi-Fi connections and digital information screens. The Training & Technical Specialist is needed to provide on-going training to the mechanics that maintain and repair the Palm Tran fleet of vehicles. Countywide (MM)

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

5.         REGULAR AGENDA

 

D.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: a continuing construction manager at risk contract with the following contractors for the Fire Station Capital Improvements Program - Renovations on an as needed basis through March 7, 2027.

 

            Contractor                                                        Status                          SBE/Non-SBE

            A) Robling Architecture

               Construction, Inc. (Robling)                           Local                            Non-SBE

            B) Kast Construction Company

                LLC (Kast)                                                    Local                            Non-SBE

 

            SUMMARY: This continuing contract provides for the implementation of the renovation component of the Fire Rescue’s Comprehensive Capital Improvements program. The aforementioned construction managers (CM) at risk will provide preconstruction and construction management services for each renovation project pursuant to a contractually Guaranteed Maximum Price. The specific requirements of the work shall be determined by individual task orders, work orders and amendments issued against this continuing contract. Projects will be assigned on a per station basis with the possibility of multiple renovation projects proceeding concurrently at numerous County owned and managed Fire Stations. The scope of work includes but is not limited to: 1) roof repairs and/or replacement; 2) window and/or door replacements; 3) primary and back-up power system replacements; 4) heating and air conditioning system upgrades and replacements; 5) replacement of fueling systems; 6) parking, paving, grading/ drainage improvements; 7) interior improvements to better facilitate operations; 8) fencing and site security work; and 9) access control/closed circuit television system improvements and installation. The solicitation for the construction managers was advertised on February 28, 2021 according to the Equal Business Opportunity Ordinance, with final selection taking place on June 10, 2021. Protests to the proposed award were filed by Kast, Robling and Core Construction Services of Florida, LLC. Kast’s protest was denied by the County’s Purchasing Director due to lack of standing. Robling’s protest was upheld, leading to a revised award posting which then triggered Core’s protest filing. A lengthy protest process ensued which included a hearing before a Special Master. On November 30, 2021, the Special Master issued its decision to deny Core’s protest and uphold the Purchasing Director’s decision. On February 3, 2021, the Goal Setting Committee established the following Affirmative Procurement Initiatives: for selection a Small Business Enterprise (SBE) evaluation preference of up to 15 evaluation points for SBE plan and CM/SBE partnering, and for the construction phases under the contract a 20% SBE subcontracting goal, of which 5% must be African American and or Hispanic American participation, for the continuing contract. Neither Robling nor Kast are certified Small/Minority/Women-Owned Business Enterprises. Robling has partnered with MCO Construction and Services Inc., a MBE CM, for preconstruction and construction management services in the amount not less than 15% over the duration of the contract. Kast has partnered with two MBE firms, Cooper Construction Management and All-Site Construction Inc., for services in the amount not less than 5% of its preconstruction CM fees, 25% of the CM overhead and profit fee, and 100% of the firm’s construction phase staffing cost, respectively. The funding source for projects under this continuing CM at Risk contract is from the Fire Rescue Improvement fund. (Capital Improvements Division) Countywide (MWJ)

 

 

 

 

 

 

 

MARCH 22, 2022

 

 

5.         REGULAR AGENDA

 

E.        PARKS & RECREATION

 

1.         Staff recommends motion to name: a roadway within John Prince Park to “Jay DiPietro Way.” SUMMARY: For nearly 30 years, Jay DiPietro served as Chairman of the Club Managers Association of America Florida Chapter Seminole Region (CMAA) Charity Golf Tournament and Gala, which raised funds for 10-12 charitable organizations supporting children with disabilities. One of those organizations was Special Olympics Florida-Palm Beach County operated by the Parks and Recreation Department.  During his time as Chairman of the charity golf tournament and under his leadership, Mr. DiPietro and the CMAA donated over $500,000 to Palm Beach County and Special Olympics Florida for the naming rights to the Therapeutic Recreation Complex in John Prince Park. Jay DiPietro was the long time General Manager of Boca West Country Club and an advocate for children particularly those with special needs. The roadway proposed to be named in his memory leads from Lake Worth Road to the Boundless Playground, a four-acre accessible playground that held a special place in his heart. This request is being brought to the Board for approval at the request of Commissioner Maria Sachs. If approved, Parks will coordinate with Planning, Zoning and Building to have the name officially processed and will fabricate a street sign. District 3 (AH)

 

 

F.         ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: a resolution amending the application fee schedule for reviewing a Traffic Impact Study for compliance with Article 12 of the Unified Land Development Code and a Land Use Traffic Study for compliance with Policy 3.5(d) of the Land Use Element of the Comprehensive Plan. SUMMARY: All Traffic Impact Study and Land Use Traffic Study review applications must be accompanied by the associated required fee.  Fees are applied countywide, including municipalities. Since the Board of County Commissioners approved the original application fees on April 15, 2008, the fees have not changed, whereas staff costs have increased. Adopting this resolution will amend the application fees to account for current staff review costs, as well as establish a method to adjust the fees to automatically increase to match the increase in the Consumer Price Index (CPI) on October 1st of each year. Fees will increase 10% every year until after the 5th year, when fees will increase based on the CPI. On October 21, 2021, the Engineering Department sent notice of the proposed fee changes to the Palm Beach Chapter of the Florida Engineering Society (FES) and The Gold Coast Builders Association (GCBA).  A meeting with the GCBA Executive Officer was held and addressed their comments.  No feedback was received from FES. Countywide (YBH)

 

 

 

 

 

MARCH 22, 2022

 

 

5.         REGULAR AGENDA

 

G.            PLANNING, ZONING & BUILDING

 

1.             Staff recommends motion to adopt:  a resolution amending Resolution 2018-0346, which provides for a schedule of fees imposed by the Palm Beach County Division of Code Enforcement. SUMMARY: This resolution amends Resolution 2018-0346, which provides for a schedule of fees to be charged by the Division of Code Enforcement (the Division).  This resolution is being processed simultaneous with changes to the Palm Beach County Mortgage Foreclosure Registration Ordinance (the Ordinance) and reflects the mortgage foreclosure registration fee to cover the costs of the registration program. Unincorporated (SF)

 

H.            COMMUNITY SERVICES

 

1.             Staff recommends motion to approve: a contract for Provision of Services with Florida Association of Recovery Residences, Inc. (FARR), for the period October 1, 2021, through September 30, 2022, for the provision of providing education, training, and engaging FARR certified recovery residences regarding the Recovery Capital Index (RCI), in an amount not-to-exceed $60,000. SUMMARY: FARR is a new agency that will utilize the RCI survey to educate and train providers. The initiative seeks to educate, train and engage FARR certified recovery residences regarding a person’s whole well-being using online-automated surveys. Palm Beach County (PBC) has an interest in appropriately measuring long-term recovery outcomes in the recovery residence environment through the use of RCI. The aim of the project is to build recovery capital capacity within FARR certified recovery residences in PBC. The intent is to foster an environment that maximizes a resident’s opportunity to achieve long-term recovery through education, monitoring and measuring outcomes. The finalization of the contract was delayed due to an extended review of the agency’s scope of work and budget. (Community Services Department) Countywide (HH)

 

I.              COUNTY ATTORNEY

 

1.             Staff recommends motion to approve: A) participation in the Settlement Agreement and Release between the State of Florida and Endo Health Solutions and Endo Pharmaceutical Inc., (Endo) and authorize the Mayor to execute the Subdivision Settlement and Participation Form sought by Florida’s Attorney General in furtherance of a settlement against Endo in the National Multidistrict Opioid Litigation; and B)  an inter-local agreement with Municipalities that contain more than 50% of the total population of municipalities in order to meet the requirements of the Florida Plan as a Qualified County. SUMMARY: On February 8, 2022, the Board of County Commissioners (BCC) granted the County Attorney’s request to schedule a private meeting for an attorney-client session between the Board of County Commissioners, the County Administrator, County Attorney, Chief Assistant County Attorney and outside counsel, pursuant to Section 286.011(8), Florida Statutes. The meeting was requested to discuss settlement negotiations of pending litigation in which Palm Beach County is presently a party: In re: National Prescription Opiate Litigation, Case Number: MDL 2804 (N.D. Ohio); and Palm Beach County v. Purdue Pharma; et al., Case Number: 1:18-op-46121-DAP (N.D. Ohio). Based on the March 8, 2022, private meeting for the attorney-client session, staff recommends the BCC to approve participation in the Settlement Agreement and Release between the State of Florida and Endo, and authorize the Mayor to execute the Subdivision Settlement and Participation Form.  Further, the County worked with the Palm Beach County League of Cities to secure inter-local agreements with Palm Beach County Municipalities that represent a more than 50% of municipalities’ total population as required by the Florida Plan. Countywide (DO)

 

J.             ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.             Staff recommends motion to approve:  an updated Management Plan (Plan) for Jupiter Ridge Natural Area. SUMMARY:  The initial Plan was approved by the Board of County Commissioners (BCC) in November 1996. A ten-year update to the plan was approved by the BCC on June 29, 2010. The Plan identifies natural resources present on the natural area and provides for the preservation, restoration, management and passive recreational use of those resources. The Natural Areas Management Advisory Committee unanimously recommended the Plan for approval at its September 17, 2021 meeting. The State Acquisition and Restoration Council approved the updated plan on February 11, 2022. Initial invasive/nonnative vegetation removal, fence and regulatory sign installation, and public use facilities have been completed. Annual management and operating costs, including prescribed burns/mechanical vegetation reduction, ongoing invasive/nonnative animal and plant control, repair and replacement of facilities, and biological monitoring and reporting are estimated to be $152,803. This cost is for the current fiscal year and is expected to increase as described in the Summary of Fiscal Impact. Funds for capital improvements, and annual management and operation of the site are expected to come from the Natural Areas Fund, Natural Areas Stewardship Endowment Fund, Pollution Recovery Trust Fund, Ag Reserve Land Management Fund, and/or ad valorem funding sources. District 1 (SS)

 

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MARCH 22, 2022

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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MARCH 22, 2022

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

 B.       COUNTY ATTORNEY

 

 

 


MARCH 22, 2022

 

 

8.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER MARIA G. MARINO

 

           

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

Request for off-site Proclamation declaring April 2022 as Guardian Ad Litem Volunteer Appreciation Month in Palm Beach County

           

 

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 declaring March 25-31, 2022 as National Farmworker Awareness Week in Palm Beach County

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 


MARCH 22, 2022

 

 

9.         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."