April 12, 2022
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
APRIL 12, 2022
PAGE ITEM
6 3B-2 REVISED
MOTION: (Clerk)
Meeting Date Meeting
Type
November 3, 2021 Comprehensive Plan
January 25, 2022 Workshop
February 1, 2022 Child Care Facilities Board
Environmental
Control Hearing Board
10 3H-1 REVISED SUMMARY: The FDOT is
currently in the planning and design stages for improvements along East 7th
Street to South Lake Avenue in Pahokee. As a part of the roadway project FDOT
will be resurfacing the roadway, adding sidewalk on the south side of the road
to provide sidewalk continuity along the corridor, and making lighting, signage
and pavement marking improvements. The County will grant FDOT a license to
occupy and use portions of the County’s properties for tying in existing
property features with the roadway improvements to be
constructed by FDOT. The license is subject to a resolution authorizing
its adoption. (Property & Real Estate Management) District 6 (HJF)
(FDO)
21 3M-2 REVISED MOTION: Staff recommends motion to approve: a second amendment
to Airspace Agreement between Palm Beach County (County) and the Florida
Department of Transportation (FDOT), which expires on April 11, 2022. This amendment will extend use of for
the Blue Heron Bridge Causeway right-of-way property located adjacent to Phil
Foster Memorial Park until a new agreement is executed. (Parks)
28 5B-1* REVISED SUMMARY: Palm
Beach County has participated in the SHIP Program since 1993. The State
requires that Palm Beach County submit an LHAP to FHFC every three years. The
proposed LHAP, which is due May 2, 2022, covers Fiscal Years 2022-2023,
2023-2024 and 2024-2025. By approving this
LHAP and submitting it to FHFC, the County will be in a position to receive
funding under the SHIP Program during the three upcoming years when the State
makes funding allocations to participating jurisdictions. The proposed LHAP
maintains the existing strategies: Purchase Assistance, First Mortgage Loan
Assistance Program, Owner Occupied Housing Rehabilitation, Emergency Repairs,
Replacement Housing, Disaster Assistance, Foreclosure Prevention, Rental
Housing Assistance, Developer Assistance Rental Program and Single Family New
Construction. The LHAP strategies are detailed in Attachment 4 to this agenda item. The LHAP
contains the list of housing strategies the County anticipates using during the
3 year period (FY 2022 - 2025). SHIP funding is approved annually by the
State, and currently we are awaiting the Governor’s final approval of the
State’s Budget. Today’s agenda item incorporates the State’s estimated funding
for Palm Beach County for FY 2022-2023. To expend SHIP funding on a strategy,
the strategy must be included in the LHAP. Some strategies are
proposed for the LHAP, but funding may not be recommended at this time.
Those strategies are added to the toolbox for
future use. When the need to fund these strategies arise, the County can
re-program SHIP funds or use the program income earned to fund the strategy. Additionally, the proposed LHAP includes a
definition for Project Delivery Costs, which will be used
to clarify costs associated with project implementation, and a first priority
ranking for Veterans, Special Needs and Senior Citizens. SHIP regulations require that at least 65% of
a local jurisdiction’s allocation be earmarked for
homeownership activities. These are State SHIP funds, which require no local
match. Countywide (HJF) (HED)
28 5B-2 ADD-ON: Staff requests Board direction: on the Countywide Housing Plan. SUMMARY: On
March 29, 2022, the Board of County Commissioners directed staff to provide an
update on the Housing Summit Steering Committee’s draft of the Countywide
Housing Plan For All with 4 areas of focus including
Funding & Financing, Planning & Regulatory Reform, Neighborhood
Revitalization & Community Development and Racial Equity. The primary recommendation of the Plan is for
the County to approve a $200M bond program to create 20,000 units over a
10-year period equating to average subsidy of $10,000 per unit. The Board directed staff to
further review the plan, potential projects and funding sources that
support affordable housing. Staff will
continue working with the Housing Summit Steering Committee and Housing
Leadership Council to finalize the plan.
Countywide (HJF)
30 5E-1 ADD-ON: Staff recommends motion to: A) approve prioritized project list; B) approve project selection criteria;
and C) confirm continuance of activities to lead to the August 23, 2022
ballot for the Environmental and Water General Obligation Bond Referendum. SUMMARY:
Staff will provide a progress update on
the proposed Environmental and Water General Obligation Bond Referendum,
including ballot language due to the Supervisor of Elections by May 20, 2022, a
prioritized project list, further details on anticipated operations and
maintenance costs, proposed project selection criteria, and other timelines
leading to the August 23, 2022 Primary Election. Countywide (DB) (Admin)
NOTE: Items that were revised,
added, deleted, or backup submitted and were not listed
on the preliminary addition/deletion sheet distributed to the Board the prior
day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 12, 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 6-25)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 26)
5. REGULAR AGENDA (Pages 27-30)
6. BOARD APPOINTMENTS (Page 31)
7. STAFF
COMMENTS (Page 32)
8. BCC
COMMENTS (Page 33)
9. ADJOURNMENT (Page 34)
* * * * * * * * * * *
APRIL 12, 2022
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 6
3C-1 Contract with HSQ Group, Inc. for the
Australian Avenue Drainage Improvements from Banyan Boulevard to 45th
Street project
E. COMMUNITY SERVICES
Page 7
3E-1 Appointments
to the Homeless Advisory Board
F. AIRPORTS
Page 8
3F-1 Receive
and file grant agreement from the Federal Aviation Administration for
Concessions Rent Relief
Page 9
3F-2 Receive
and file amendment to grant agreement from the Federal Aviation Administration
for Airport Coronavirus Relief
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 10
3H-1 Resolution
approving a license in favor of Florida Department of Transportation for
occupancy and use of three County properties in Pahokee
Page 11
3H-2 Agreement with
Florida Public Utilities for the Supervisory of Election Production Facility
project
Page 12
3H-3 Agreement with BellSouth Telecommunications,
LLC for relocation of cable for the second Homeless Resource Center
APRIL 12, 2022
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 13
3I-1 Ratification of letter terminating the Job
Growth Incentive Grant Agreement with Digital Risk, LLC
Page 14
3I-2 Receive
and file amendments to agreements with two agencies for construction of homes
Page 15
3I-3 Amendment to Series A and C bonds for
construction of a new medical detox facility in Delray Beach
K. WATER UTILITIES
Page 16
3K-1 Twelve
subordinations of county utility interests to the State of Florida Department
of Transportation for easements located south and north of Atlantic Avenue and
east of State Road 7
3K-2 Resolution amending the Water Utilities
Advisory Board resolution
Page 17
3K-3 Contract with Hinterland Group Inc. for lift
station improvements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 18
3L-1 Task order to contract with Olsen
Associates, Inc. for topographic and hydrographic surveying
3L-2 Appointment to the Natural Areas Management
Advisory Committee
Page 19
3L-3 Contract with the State of Florida Fish and
Wildlife Conservation Commission for aquatic exotic plant control services
M. PARKS & RECREATION
Page 20
3M-1 Recreation Facility Rental Agreement with the
Young Men’s Christian Association for use of the America Therapeutic Recreation
Complex in John Prince Park
Page 21
3M-2 Amendment to
Agreement with the Florida Department of Transportation for the Blue Heron
Bridge Causeway right-of-way property
N. LIBRARY
Page 21
3N-1 Agreement with the Palm Beach County School
Board to implement the Summer Food Services Program and all library branches
APRIL 12, 2022
TABLE OF CONTENTS
CONSENT AGENDA
P. COOPERATIVE EXTENSION SERVICE
Page 22
3P-1 Grant
agreement with the Western Palm Beach County Farm Bureau, Inc. for the Palm
Beach County Sweet Corn Fiesta
S. FIRE RESCUE
Page 22
3S-1 Interlocal
agreement with the Town of Highland Beach for Fire-Rescue Dispatch Services
Page 23
3S-2 Amendment to Interlocal Agreement with the
Town of Palm Beach for Fire Vehicle Maintenance
Z. RISK MANAGEMENT
Page 23
3Z-1 Contract with Concentra for Occupational
Health Physician/Medical Director Services
AA. PALM TRAN
Page 24
3AA-1 Resolution authorizing submittal of application to the Palm Beach
Transportation Planning Agency 2022 Local Initiatives Program to purchase four
electric buses and four charging stations
CC. TOURIST DEVELOPMENT COUNCIL
Page 25
3CC-1 Resolution amending the delegation of authority for execution of
grant agreements to the County Administrator and/or the Palm Beach County
Tourist Development Council Executive Director
PUBLIC HEARINGS – 9:30 A.M.
A. PUBLIC SAFETY
Page 26
4A-1 Issuance
of Special Secondary Services Provider Certificate of Public Convenience and
Necessity to Rural/Metro Fire Department, Inc. for Sikorsky Aircraft RMS
APRIL 12, 2022
TABLE OF CONTENTS
REGULAR AGENDA
A. AIRPORTS
Page 27
5A-1 Amendment
to contract with The Morganti Group, Inc., for
miscellaneous airport improvements
B. HOUSING AND ECONOMIC
DEVELOPMENT
Page 28
5B-1 Resolution approving the submission of the
Local Housing Assistance Plan to the Florida Housing Finance Corporation
C.
COMMUNITY SERVICES
Page 29
5C-1 Low
Income Home Energy Assistance Program HVAC Replacement Program Guidelines
D.
COUNTY ATTORNEY
Page 30
5D-1 Ordinance
amending the Palm Beach
County Solicitation and Distribution on Public Roads Ordinance
BOARD
APPOINTMENTS (Page 31)
STAFF COMMENTS (Page 32)
COMMISSIONER COMMENTS (Page 33)
ADJOURNMENT (Page 34)
APRIL 12, 2022
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file: Warrant List – Backup information can be
viewed in the Clerk & Comptroller’s Office.
2. Staff recommends
motion to approve: the following final minutes of the Board of
County Commissioners’ meetings:
Meeting Date Meeting
Type
November 3, 2021 Comprehensive Plan
January 25, 2022 Workshop
February 1, 2022 Child Care Facilities Board
Environmental
Control Hearing Board
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements
list as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
C. ENGINEERING & PUBLIC WORKS
1. Staff recommends motion to approve: a contract with HSQ Group, Inc. (HSQ) in the amount of $2,679,239.13 for professional engineering services for the Australian Avenue Drainage Improvements from Banyan Boulevard to 45th Street (Project). SUMMARY: Approval of this contract will authorize the professional services necessary for preparation of design plans and construction bid documents to install a new closed drainage system and outfalls, replace and/or widen bridges, and reconstruct the roadway. The Affirmative Procurement Initiatives selected for this contract on October 7, 2020 by the Goal Setting Committee are a 20% minimum mandatory Small Business Enterprise (SBE) participation and an SBE evaluation preference. HSQ agreed to 90.35% SBE participation for this contract. On November 4, 2021, the Consultant’s Competitive Negotiation Act Selection Committee selected HSQ and, in accordance with PPM No. CW-O-048, the Board of County Commissioners was notified of the selection on November 5, 2021. HSQ is a Palm Beach County based company and a certified SBE company. This Project is included in the Five-Year Road Program and the infrastructure sales tax. District 7 (YBH)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends motion to approve: the reappointment of one current member and appointment of one new member to the Homeless Advisory Board (HAB), effective April 12, 2022:
Seat No. |
Reappointment |
Seat Requirement |
Recommended By |
Term Expires |
11 |
Joshua Butler |
Formerly Homeless
Individual or Family |
Homeless and
Housing Alliance |
09/30/24 |
Seat No. |
Appointment |
Seat Requirement |
Recommended By |
Term Expires |
6 |
Mason Youell |
VA Medical Center |
Veterans Administration
Medical Center |
09/30/24 |
SUMMARY: On May 1, 2007, the Board of County Commissioners (BCC) established the HAB. Per Resolution No. R2016-0038, the total membership for the HAB shall be no more than 14 at-large members, comprised of members representing government, business providers, law enforcement, advocates, education, faith-based and the formerly homeless. Members representing Palm Beach County’s Continuum of Care and the homeless community are essential to the work of this board. Mr. Butler is an employee of Gulfstream Goodwill Industries, Inc. This agency contracts with the County for services. The HAB provides no regulation, oversight, management, or policy setting recommendations regarding the subject contracts or transactions. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. The diversity count for the 11 seats that are currently filled is African-American: 6 (55%) and Caucasian: 5 (45%). The gender ratio (female: male) is 7:4. Mr. Butler is African-American and Mr. Youell is Caucasian. Staff conducts targeted outreach in an effort to proffer candidates for appointments that maintain a diverse composition of the board. (Division of Human and Community Services) Countywide (HH)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff
recommends motion to:
A) receive and file
Federal Aviation
Administration (FAA) Grant Agreement Number 3-12-0085-070-2022 in the amount of
$2,964,535 for Concessions Rent Relief Airport Rescue Grant at Palm Beach
International Airport (PBI). Delegation
of authority for execution of this grant was approved
by the BCC on August 25, 2020 (R2020-1017).
This grant is effective as of January 7, 2022 with an expiration date of
January 6, 2026;
B) receive and file
Amendment No. 1 to FAA
Grant Agreement Number 3-12-0085-070-2022 correcting a scrivener’s error; and
C) approve a budget amendment of $2,964,535 in the
Airport’s Improvement and Development Fund to recognize the receipt of a grant
from the FAA; including a transfer to Reserves in the amount of
$2,964,535.
SUMMARY: The FAA has issued a Grant Offer (Assistance Listings Number 20.106)
reflecting their commitment of funding of $2,371,628 to in-terminal Small
Airport Concessions and $592,907 to in-terminal Large Airport Concessions for a
total of $2,964,535 for PBI. On July 16, 2021, the Department of Airports
submitted a grant application for the Concessions Rent Relief Airport Rescue,
however; the Grant Agreement reflects an application date of July 16,
2022. On March 2, 2022, the FAA provided
Amendment No. 1 to correct said scrivener’s error. Acceptance of this grant and Amendment No. 1
reimburses the Department of Airports for providing relief from rent and
minimum annual guarantees to each eligible in-terminal airport concessions at
PBI. This grant began on January 7, 2022
and expires January 6, 2026. This grant
does not require a local match. Countywide (AH)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to:
A)
receive and file
Federal Aviation Administration (FAA) Letter
Amendment (Amendment No. 1) to Grant Agreement Number
3-12-0085-066-2021 in the amount of $4,994 for Airport
Coronavirus Relief Grant Program (ACRGP) at Palm
Beach International Airport (PBI). Delegation
of authority for execution of the grant was approved by the BCC on August 25, 2020 (R2020-1017). The
grant is effective as of April 8, 2021
with an expiration date of April 7, 2025;
and
B) approve a
budget amendment of $4,994 in the Airport's Improvement
and Development Fund to recognize the receipt
of a grant from the FAA;
including a transfer to Reserves in the
amount of $4,994.
SUMMARY: On
June 8, 2021, the Board approved FAA Grant
Agreement Number 3-12-0085-066-2021 in the amount of $7,665,990
for PBI (R2021-0740).
The FAA has issued a Letter Amendment (Amendment No. 1) in the amount of $4,994 increasing the maximum obligation of
the ACRGP grant from $7,665,990 to $7,670,984.
Acceptance of this Letter Amendment (Amendment No. 1) provides
the Department of Airports with additional funding
for the reimbursement of on-going operations and maintenance costs for PBI,
after eligible U.S. airports declined or failed to claim their funds. This
grant began on April 8, 2021 and expires on April 7, 2025.
This grant does not require a local match.
Countywide (AH)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to:
A) adopt a resolution approving a license in favor of Florida Department of Transportation
(FDOT) for the occupancy and use of a portion of three County properties for
tying in existing property features with the roadway improvements to be
constructed by Florida Department of Transportation; and
B) approve a license in
favor of FDOT which shall continue until completion of the roadway
improvements, but no later than June 30, 2024.
SUMMARY: The FDOT is currently in the planning and design stages for improvements along East 7th Street to South Lake Avenue in
Pahokee. As a part of the roadway project FDOT will be resurfacing the
roadway, adding sidewalk on the south side of the road to provide sidewalk
continuity along the corridor, and making lighting, signage and pavement
marking improvements. The County will grant FDOT a license to occupy and use
portions of the County’s properties for tying in existing property features
with the roadway improvements to be constructed by FDOT.
The license is subject to a resolution authorizing its adoption. (Property
& Real Estate Management) District 6 (HJF)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A) approve an agreement with Florida Public Utilities (FPU) for natural gas
and to extend and install gas lines to the Supervisor of Election Production
Facility (Facility) being constructed at 4215 Cherry Road in the amount of
$90,857; and
B) authorize the County
Administrator or designee, which in this case shall be the Director of Facilities,
Development & Operations (FDO) to execute the agreement on behalf of the Board
of County Commissioners (Board).
SUMMARY: This agreement sets forth the terms and conditions under which FPU will
provide natural gas, extend the main gas line and install a gas service line
and meter at the Facility. This agreement is FPU’s standard agreement for these
services, but it includes a non-standard indemnification provision. FPU’s
counsel has advised that no changes can be made to
their standard agreement without going before the Public Service Commission,
which will take many months and cause the construction project to be delayed.
The non-standard language provides that each party assume liability for their
own actions, but does not reference the statutory limits of liability under Section
768.28, Florida Statutes, and therefore there is a possibility that the County
could be held liable for an amount above the statutory limits. Due to the
potential delay to the underlying construction project, in accordance with PPM
CW-F-049, the Department of Risk Management and the County Attorney’s Office
have approved the non-standard provision and Staff now seeks Board approval of
this agreement and authorization permitting the FDO Director to execute this Agreement.
The funding for this agreement is from the 51.05M NAV Public Improvement
Revenue Bonds, 21A, CP, Supervisor of Elections Building Fund. (FDO) District
7 (MWJ)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to:
A) approve an agreement with BellSouth Telecommunications, LLC., d/b/a
AT&T Southeast (AT&T)(Agreement) for the relocation of cable to
facilitate the construction of a turn lane that will grants
access to the County’s second Homeless Resource Center (HRC2) in the
amount of $9,872.90 (HRC2); and
B) authorize the County
Administrator or designee, which in this case shall be the Director of Facilities,
Development & Operations (FDO) to execute the Agreement on behalf of the Board
of County Commissioners (Board).
SUMMARY: This Agreement sets forth the terms and conditions under which AT&T
will remove and relocate certain cable lines to permit the construction of a
turn lane, which is part of the HRC2 construction project. This negotiated
Agreement includes non-standard limitation of liability and indemnification provisions.
In accordance with PPM CW-F-049, the Department of Risk Management and
the County Attorney’s Office have approved the non-standard provisions and Staff now seeks Board
approval of this Agreement and authorization permitting the FDO Director to
execute this Agreement. The funding
source for this Agreement is from the Infrastructure Sales Tax fund. (FDO) District
3 (MWJ)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to approve:
A) the ratification of a
letter dated February 22, 2022 terminating the Job Growth Incentive (JGI) Grant Agreement with Digital Risk, LLC
(Company);
B)
a budget amendment of
$86,500 in the Economic Development Incentive Fund to establish a budget for
the repayment received and a transfer back to the General Fund; and
C)
a budget amendment of $300,000 in the General
Fund to recognize the transfer of funds from the Economic Development Incentive
Fund to the General Fund.
SUMMARY: On October
16, 2012, Palm Beach County entered into a JGI Grant Agreement (R2012-1592)
(the Agreement) with the Company to provide a JGI not to exceed $300,000 over a
period of three years. Under the Agreement,
the Company was required to create 600 new jobs with the first 150 new jobs to be created by December 31, 2014 and the remaining jobs to be
created by 2018. The Company was also
required to maintain the new jobs for four years from the date of job creation.
On April 10, 2019, the Company sent a letter to the Florida Department of
Economic Opportunity Division of Strategic Business Development requesting a
voluntary withdrawal from their Quick Action Closing Fund Agreement. The
$86,500 funds paid to Company under the Agreement (R2012-1592) have been refunded to Palm Beach County. Approval of this
letter will constitute termination of the original agreement. The undisbursed
$213,500 funded by the general fund contingency reserve is
being returned to the general fund. District 4 (DB)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
2. Staff recommends
motion to receive
and file: the following HOME funded amendments
to agreements.
A) Amendment 001 to a HOME Loan Agreement
(R2021-1076) with Habitat
Housing Solutions, Inc. for $315,672 extending the completion date from July
31, 2022 to March 31, 2023; and
B) Amendment 001 to a HOME Community Housing
Development Organizations (CHDO) Loan Agreement (R2021-1077) with Community
Land Trust of Palm Beach County, Inc. for $92,000 and a grant of $9,500
extending the completion date from May 31, 2022 to August 31, 2022.
SUMMARY: The documents have been executed
on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and
Economic Development in accordance with Agenda Item 5A-3 and 6D-4, as approved by the BCC on February 11, 2020,
and November 17, 2020, respectively.
Agenda Item 5A-3 dated February 11, 2020, awarded HOME funds to
successful respondents to Request for Proposal HES.2019.1, and Agenda Item
6D-4, dated November 17, 2020, awarded HOME/CHDO funds to successful
respondents to Request for Proposal HES.2020.1. The Loan Agreement (R2021-1076)
with Habitat Housing Solutions, Inc., provided $315,672 in HOME funding toward the
construction of three single family homes in the Glades area. The COVID-19 resurgence, supply chain issues
and delays in the Loan closing have impacted the
progress of the project extending project completion from July 31, 2022 to
March 31, 2023. The Loan Agreement (R2021-1077) with the Community Land
Trust of Palm Beach County, Inc. provided $92,000 in HOME funding toward the
construction of a single family home in Lake Worth and
a $9,500 grant for CHDO operating costs.
COVID-19 related issues have impacted the
design portion of the project and an extension of project completion dates from
May 31, 2022 to August 31, 2022 is required. 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. HOME Program grant funds are
Federal funds, which require a 25% local match provided by SHIP funds. Districts
3 & 6 (HJF)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
3. Staff recommends
motion to:
A)
approve a request for an
Amendment to Series A of 2021 Bond, an Amendment to Series C of 2021 Bond and
an Amendment to Loan Agreement R2020-0711 pursuant to which such Bonds were
issued to finance a project on behalf of Caron of Florida, Inc.; and
B) adopt a
Resolution of the Board of County Commissioners of Palm Beach County, Florida
authorizing the amendments to the Revenue Bonds, Series A, B and C of 2021 (the
2021 Bonds), previously issued in an aggregate principal amount not exceeding
$47,885,000, for the purpose of making a loan to finance a project on behalf of
Caron of Florida, Inc.; confirming that such revenue bonds shall not constitute
a debt, liability or obligation of Palm Beach County, Florida or the State of
Florida or any political subdivision thereof, but shall be payable solely from
the revenues herein provided; approving and authorizing the execution and
delivery of the documents necessary to complete such amendments.
SUMMARY: The 2021 Bonds were issued on
January 12, 2021 to finance a project consisting of: (i) the construction,
installation and equipping of a new medical and detox facility to be located at
4675 W. Linton Boulevard, Delray Beach, Florida; (ii) the acquisition and
renovation of Fairways on the Green, a residential housing facility used for
extended care treatment services to individuals suffering from chemical
dependency, sexual trauma and gambling addiction located at 2045 Lowson Boulevard, Delray Beach, Florida; and (iii) the
payment of the costs of issuance of the 2021 Bonds. The proposed amendments will: (a) modify the terms of the Series A
of 2021 Bond and the Series C of 2021 Bond to, among other things: (i) convert
the interest rate from a variable rate to a fixed rate; and (ii) modify the
prepayment provisions of the Series A of 2021 Bond and the Series C of 2021
Bond; and (b) make corresponding amendments to the Loan Agreement and make
certain other necessary amendments to the terms and conditions of the Loan
Agreement. Neither the taxing power nor the faith and
credit of the County nor any County funds, shall be pledged
to pay the principal, premium, if any, or interest on the 2021 Bonds. Districts 4
& 7 (DB)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve: twelve Subordinations of County Utility Interests to the State of Florida
Department of Transportation (FDOT). The Subordinations of Utility Easements
includes portions of the following easements recorded in the Official Records
of Palm Beach County: ORB 14959 Page 0909, ORB 20051 Page 0166, ORB 20051 Page
0170, ORB 20051 Page, 0174, ORB 20294 Page 438, ORB 220294 Page 0438 and ORB
25595 Page 1127. SUMMARY: The FDOT has an interest in portions of the
utility easements recorded in the Official Records of Palm Beach County as
noted above that have been determined necessary for highway improvement
purposes. The utility easements are located south and north of Atlantic Avenue
and east of State Road 7. The proposed use of these lands for highway
improvement purposes will require subordinations of the interest claimed in
such lands by the County to FDOT. The
facilities located within the utility easements and covered by the
Subordinations include two 6-inch force main stub outs, a 4-inch force main
stub out, a 4-inch force main, and an 8-inch water main. 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 subordinations of
utility interests will not affect any existing public utility facilities and
therefore recommends the subordinations. District 5 (MWJ)
2. Staff recommends
motion to adopt: a Resolution of the Board of
County Commissioners or Palm Beach County, Florida, Amending Resolution R2014-0457,
Relating to the Water Utilities Advisory Board (WUAB). SUMMARY: Resolution No. R2014-0457 provides for an 11 member
WUAB. The membership consists of seven
District members, two Countywide At-Large members, one Lake Region member and
one Royal Palm Beach member. The requested change includes
those districts in which the Department provides water and wastewater service
to less than 10% of the district area; that District Member is not required to
be a current customer of the Department but is preferable that District Members
are either a current customer of the Department or a customer of a local
government utility which purchases bulk water or wastewater service from the
Department. The WUAB has 11 seats, 8 seats currently filled and a
diversity count of 6 Caucasian (75%), 1 Hispanic-American (12.5%), 1 African-American (12.5%). The gender ratio (male/female)
is 5:3. Countywide (MWJ)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
3. Staff recommends
motion to approve: a contract for the improvements to Lift Stations 1043, 1045 and 5209
(Project) with Hinterland Group Inc. (HGI) in the amount of $1,822,000. SUMMARY:
On July 7, 2021, the Palm
Beach County Water Utilities Department (PBCWUD) received four bids for the
Project. The Project provides for the
rehabilitation of Lift Stations 1043, 1045, and 5209; and includes mechanical,
electrical, and civil rehabilitation including new pumps, control panels and
appurtenances, discharge piping, wet well and manhole coating, new potable
water services, one new wet well, and temporary bypass pumping. This contract was procured under the requirements of the Equal Business
Opportunity Ordinance. On May 19, 2021, the Goal Setting Committee approved an
Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small
Business Enterprise (SBE) subcontracting participation of which 5% shall be
among certified African American and/or Hispanic American owned firms. The low
bidder Foster Marine Contractors, Inc., (FMC) failed to meet the established
API for the Project, and therefore their bid was found
to be non-responsive, due to the failure of FMC to list subcontractors on their
Schedule 1 and failure to submit Schedule 2 documents for those subcontractors.
On September 24, 2021, FMC filed a bid protest claiming the Office of Equal
Business Opportunity’s evaluation was inconsistent and the County should waive
these irregularities. On December 14,
2021, FMC formally withdrew their bid protest citing rising costs. No further
action was taken on behalf of FMC. The second lower
bidder BLDM USA, LLC failed to meet the established API for the Project, and
therefore their bid was found to be non-responsive.
HGI was determined to be the lowest responsive and responsible bidder in the amount of $1,822,000. HGI has met the established API
for this Project. The contract with HGI provides for 21.69% SBE participation, which includes 5.67% MBE, 0.3% MBE (B), and
5.37% MBE (H). HGI is a
Palm Beach County based company. The Project is included in the PBCWUD FY22
budget. (PBCWUD Project No. 20-008) Districts 3
& 5 (MWJ)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: Task Order No. 1543-15 to a continuing contract
with Olsen Associates, Inc. (Olsen) in the amount of $179,163 to provide
professional engineering, environmental surveys, reporting, and documentation
to be used in permit required monitoring. SUMMARY: On October 8, 2019, the Board of County
Commissioners approved the contract (R2019-1543) with Olsen, a Jacksonville
company. Task Order No. 1543-15 authorizes Olsen to conduct yearly topographic
and hydrographic surveying required by project permits. The task order also
contains optional tasks for post-hurricane surveys and damage assessment
reports to aid in securing disaster assistance funding. Costs will be paid from
the Beach Improvement Fund. The contract requires Olsen to adhere to 20%
mandatory Small Business Enterprise (SBE) subcontracting goal as the
Affirmative Procurement Initiative. Olsen has agreed to 24% SBE participation. The
SBE participation for this task order is 70.6%. Districts 1
& 4 (YBH)
2. Staff recommends
motion to approve: the appointment of one At-Large member to the
Natural Areas Management Advisory Committee (NAMAC). Seat No. 6 is for a term
of two years and five months beginning April 12, 2022 through
September 30, 2024.
Seat No. |
Appointment |
Seat Requirement |
Term Ending |
Nominated By |
6 |
Don Marchetto |
Citizen with interest in preservation &
conservation of natural areas |
9/30/24 |
Mayor Weinroth Vice Mayor Weiss Comm. Marino Comm. Kerner Comm. McKinlay Comm. Bernard |
SUMMARY: Resolution No. R2013-1328 provides for a
seven-member NAMAC. Membership
consists of one member with experience in the management of natural areas, one
biological scientist, one professional educator with knowledge of South Florida
ecosystems, one representative of a local municipal government parks and
recreation program, one member of the Palm Beach County Parks and Recreation
Department staff, and two citizens having an interest in preservation and
conservation of natural areas.
With this appointment, all seven seats will be filled and diversity
count of Caucasian: 6 (86%), and African American: 1
(14%). The gender ratio (female:male)
is 4:3. Seat No. 6 nominee is a Caucasian male. Staff
continues to address the need for increased diversity within our boards and
will encourage expansion of this Board’s diversity. Countywide (SS)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A)
approve Governmental Contract No. FWC21149 with
the State of Florida Fish and Wildlife Conservation Commission (FWC) providing
funding, to be specified in a task assignment on a reimbursable basis based on
actual activities completed, for a three-year period of aquatic exotic plant
control services performed by Palm Beach County’s Department of Environmental
Resources Management, Mosquito Control Division, on a task assignment basis,
beginning upon execution of the Contract and ending three years after the date
of execution; and
B) authorize the County Administrator or designee to
sign all future time extensions, task assignments, certifications, and other
forms associated with this contract, and any necessary minor amendments that do
not substantially change the scope of work, terms, or conditions of this contract.
SUMMARY: The Governmental Contract No. FWC21149, through task assignments, will
provide funding for the Aquatic Plant Control Program on a reimbursement basis,
with approval by the FWC of Mosquito Control’s annually
submitted work plans. This contract contains an indemnification and termination
provision that differs from that adopted for use by the County under PPM
CW-F-049. In accordance with PPM CW-F-049, the Risk
Management Department and the County Attorney’s Office have reviewed the terms
and agreed to the deviations, taking into consideration the County’s need to perform
aquatic exotic vegetation control services on eligible water bodies within Palm
Beach County, the County’s current performance of such work and liability for
its acts, and the non-waiver of sovereign immunity beyond the statutory caps of
Section 768.28, Florida Statutes. There
is no cost to the County. Districts 2, 3 &
4 (SS)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve:
a Recreation Facility Rental
Agreement with the Young Men’s Christian Association of the Palm Beaches, Inc.
(YMCA) for use of the swimming pool and other recreation facilities at the Club
Managers Association of America Therapeutic Recreation Complex (TR Complex) in
John Prince Park for the period May 1, 2022 to April 30, 2023 with two one year
renewal options. SUMMARY:
On January 12, 2021, the
Board approved a Lease Agreement with the YMCA for five acres of land in Lake Lytal Park to relocate their existing Branch located in
Palm Springs. In the next few months,
the YMCA will close on the sale of their existing property and have to vacate
the premises. While waiting for their
new facility to be constructed within Lake Lytal
Park, the YMCA and Parks have collaborated on a partnership that will allow the
YMCA to offer expanded services to their members and the general
public and reduce operational costs to the County. The Facility Rental
Agreement requires the YMCA to assume all operations of the Gleneagles Country
Club Aquatic Center including all staffing, lifeguard services and scheduling
of all aquatic, recreational and instruction-based programming. The seasonal facility will
be operated on a year round basis providing expanded recreational
opportunities during the winter months. The YMCA will provide services to both
its members and non-members and will not require the general
public to become members. The
YMCA will coordinate the schedule to ensure that all previously established
County programs are maintained. The YMCA will be responsible to provide all
janitorial services of the pool and deck, restrooms and support areas. The YMCA will also be
permitted to use the Fountains Country Club Recreation Center up to 25
hours per week for classes and programs.
These services will be made available to
members and non-members and these expanded programs will not displace
previously established County programs. The YMCA has agreed that any and all charges for aquatic or recreation programs will
be at or near the County established fee schedule and the YMCA will pay a
monthly rental fee of $5,628 for the use of Park facilities. Staff feels this
agreement is a win-win for both parties as the YMCA has the opportunity to
continue offering services and the County is the recipient of expanded year
round programming at the TR Complex at no additional cost. District 3 (AH)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve: a second amendment to
Airspace Agreement between Palm Beach County (County) and the Florida
Department of Transportation (FDOT), which expires on April 11, 2022. This amendment will extend use of for
the Blue Heron Bridge Causeway right-of-way property located adjacent to Phil
Foster Memorial Park until a new agreement is executed.
SUMMARY: On April 12, 2002, the County entered into a 20 year Airspace Agreement
(R2002-0358) with FDOT for the causeway property underneath the Blue Heron
Bridge adjoining Phil Foster Memorial Park for public park purposes. In 2004,
the agreement (R2004-1458) was modified to allow
launching of non-motorized vessels under the bridge. The current agreement
expires on April 11, 2022 and the County and FDOT have been working on a new
agreement for several months. Since the terms and conditions of the new
agreement have yet to be finalized, FDOT is providing the County with a second amendment
to the Airspace Agreement with language allowing the County to continue to
occupy the premises until a new agreement can be finalized. This amendment continues for an indefinite
period and only expires upon execution of a new lease agreement with FDOT. District
7 (AH)
N. LIBRARY
1. Staff recommends
motion to approve: an
agreement with the Palm Beach County School Board to implement the Summer Food
Services Program for children at all Palm Beach County Library System
branches during the summer months from May 31, 2022 through August 31, 2025,
excluding holidays and weekends, with automatic annual renewals until one party
terminates the Agreement, not to exceed five years. SUMMARY: The
School Board Summer Food Service provides meals to all children in approved
geographical areas of need where 50 percent or more of the children qualify for free and reduced price meals during the school
year. All children up through age 18 are
eligible for nutritious lunch meals and an afternoon snack. The service is conducted by the Palm Beach County School Board School
Food Service who will serve lunch in the meeting rooms of the selected Palm
Beach County Library System locations. Summer Food Services staff
members are responsible for delivery, distribution, and clean up during the
lunch program. The School Board will leave snack items to be
shared in the late afternoon from the Children’s Services desks in the
library for children through age 18. Since the summer of 2017, over 180,000
lunches and snacks were served at Palm Beach County
Library System locations as part of a larger effort to serve the nutritional
needs of Palm Beach County residents. Countywide (AH)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: a grant agreement with the Western
Palm Beach County Farm Bureau, Inc. in an amount not to exceed $25,000 from
Agricultural Economic Development Program funds to assist in conducting the
2022 Palm Beach County Sweet Corn Fiesta. SUMMARY: The 2022 Palm Beach County Sweet Corn
Fiesta will be held on April 24, 2022. This agreement allows for reimbursement of expenses
incurred after December 1, 2021.
This event will increase public awareness of local agriculture on a
regional and statewide basis. It
provides an opportunity for a local agricultural organization, the Western Palm
Beach County Farm Bureau, to stage an event that will make our residents more
aware of the economic significance of our largest vegetable row crop in our
County’s billion-dollar agricultural industry while bringing in people from
surrounding counties. The Sweet Corn Fiesta is planning on opening and
operating this year in accordance with CDC guidelines. This is the 22nd year
for the event. The Palm Beach County Agricultural Enhancement Council has
reviewed the request and met with representatives of the Western Palm Beach
County Farm Bureau. Countywide (AH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: an Interlocal Agreement for Fire-Rescue Dispatch Services
with the Town of Highland Beach (Town), for a period commencing on November 1,
2023 through April 30, 2034. SUMMARY: In an effort to enhance the provision
of fire-rescue services, the Board of County Commissioners authorized the Fire
Rescue Department to provide countywide communications services effective June
1, 2005. The Town is set to commence providing fire-rescue services on May 1,
2024 and the agreement provides for a contractual commitment for dispatch
services to the Town as part of the Countywide Common Dispatch program. The agreement
further authorizes the Fire Chief or designee and the Town's Fire Chief or
designee to enter into Letter(s) of Understanding to develop Common Dispatch
plans and procedures. The proposed agreement is for a ten
year period through April 30, 2034. Countywide (SB)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
2. Staff recommends
motion to approve: a first amendment to Interlocal Agreement (R2012-0457) with
the Town of Palm Beach (Town), to retroactively extend the term of the agreement
allowing Palm Beach County Fire Rescue (PBCFR) to provide Fire Vehicle
Maintenance to the Town from March 20, 2022 through March 19, 2027. SUMMARY: The agreement, which provides the
terms and conditions under which PBCFR Support Services personnel provides
maintenance and emergency repair services to the Town’s Fire-Rescue emergency
response apparatus expired on March 20, 2022. The
parties desire for the County to continue to provide such services to the Town
for five additional years. The Town has approved a renewal to
retroactively extend the term of the agreement through March 19, 2027
and the renewal now requires the Board approval. The amendment extends the
term, updates standard County provisions and adds language on fleet
connectivity modules and vehicle transportation. Countywide (SB)
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: a contract for Occupational Health
Physician/Medical Director Services with Concentra to provide full-time,
on-site physician services for the County’s occupational health clinic for the
period of April 12, 2022 through April 12, 2023 with two two-year options to
renew at the County’s sole discretion in a not-to-exceed, all-inclusive amount
of $464,900. SUMMARY: Staff issued a Request for Proposals for
Occupational Health Physician services due to our current physician – Earl Campazzi of Island Medical Care electing to terminate his
current contract with 90-day notice in order to focus more on his private
practice after 16 years of service to the County. The new contract with Concentra calls for
on-site occupational health physician services five days per week, eight hours
per day. The contract with Concentra provides for on-site physician services
for a not-to-exceed amount of $464,900 in year one with two two-year options to
renew containing an annual Consumer Price Index increase at an amount not to
exceed 3% annually. Countywide (HH)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to adopt:
A) a Resolution of the Board of County Commissioners (BCC) of
Palm Beach County, Florida, authorizing the submittal of an application for
financial assistance pursuant to the Palm Beach Transportation Planning Agency
(TPA) 2022 Local Initiatives Program for a proposed transportation project to
acquire four electric buses and four charging stations in addition to agreeing
to fund the ongoing maintenance and operations expenses associated with the
project; and
B) a Resolution of the BCC of Palm Beach County, Florida, authorizing
the submittal of an application for financial assistance pursuant to the TPA
2022 Local Initiatives Program for a proposed transportation project for Palm
Beach County bus stop improvements in addition to an agreement to fund the
ongoing maintenance and operations expenses associated with the project.
SUMMARY:
Local Initiatives grants, through the TPA, have funding availability of
up to $5 million in federal money to assist public agencies in implementing
specific projects. Palm Tran is requesting funds needed to acquire four
electric buses and four charging stations. If approved, the grant funds
will be available in Fiscal Year 2027 for Palm Tran to replace four diesel
buses that have reached the end of their useful life with four electric buses
and provide the stations to charge the buses. The current cost of an
electric bus is $1,144,929 and the cost of a charging station is
$112,500. Palm Tran is also requesting funds for a Bus Stop Improvement
Program that will provide Palm Tran passengers with upgraded bus shelters and
improved passenger amenities at their bus stops. Based on preliminary
capital cost estimates, the cost of improvements at each bus stop will range
from $21,000 for a bus stop with fewer amenities, to $132,000 for a bus stop
with the highest level of amenities. Palm Beach County is requesting
$5,000,000 per project to help offset the total project cost of each endeavor.
If awarded, there is a 20% match, which will be met
with transportation development credits granted by Florida Department of
Transportation. No County funds are required. Countywide (MM)
APRIL 12, 2022
3. CONSENT
AGENDA APPROVAL
CC. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida
amending Resolution No. R94-702 that
delegated authority to the County Administrator and/or the Palm Beach County
Tourist Development Council Executive Director for the execution of standard
form grant agreements with grantees requesting Categories A, B, F, and G, grant
funds. SUMMARY: This resolution
amends the resolution (Resolution No. R94-702) that approved, among other
things, the Category G Standard Grant Agreement (Agreement), which is managed
by the Palm Beach County Sports Commission, to promote consistency with uniform
policies and procedures for grant management. This resolution deletes and
replaces the agreement that was approved under
Resolution R94-702. The new agreement eliminates restrictions related to the
Event Budget, adds language to clarify that reimbursement is restricted to
allowable expenses, corrects a typo in section 2.2, eliminates the requirement
for line-item expense restrictions, and allowing for flexibility of spending
within the allowable expense categories.
Countywide (YH)
* * * * * * * * * * * *
APRIL 12, 2022
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. PUBLIC SAFETY
1. Staff recommends
motion to approve: the issuance of a Special
Secondary Service Provider Certificate of Public Convenience and Necessity
(COPCN) with conditions to Rural/Metro Fire Department, Inc. (Rural/Metro Fire)
for Sikorsky Aircraft RMS community located at 17900 Beeline Highway, Jupiter,
Florida (Sikorsky community). SUMMARY:
Rural/Metro Fire has applied for a Special Secondary Service Provider COPCN to
provide Advanced Life Support (ALS) first response, non-transport services for
the Sikorsky community pursuant to its contract with Sikorsky Aircraft
Corporation. The Department of Public
Safety, Division of Emergency Management has reviewed the application and
recommends approval of a Special Secondary Service ALS Provider - Non-Transport
COPCN to be issued to Rural/Metro Fire. The
application was found to be in compliance and eligible for a one-time COPCN
with conditions based on the PBC Code of Ordinances, Chapter 13, Sections 13-22. The
COPCN will be issued for operations restricted to the
confines of the Sikorsky community for the period of April 12, 2022, until
Rural/Metro Fire contractual agreement with Sikorsky Aircraft is
terminated. Palm Beach County Fire
Rescue is the Primary COPCN holder for the Sikorsky community. In accordance
with law, Rural/Metro Fire has signed a Memorandum of Understanding with Palm
Beach County Fire Rescue to coordinate their emergency services at an emergency
scene. The Emergency Medical Services
Advisory Council has also approved the recommendation to grant Rural/Metro Fire
a Special Secondary Service ALS Provider - Non-Transport COPCN. District 1
(SB)
* * * * * * * * * * * *
APRIL 12, 2022
A. AIRPORTS
1. Staff recommends
motion to approve:
A) Amendment No. 9 to the Construction Manager (CM) at Risk Contract (Contract) with The Morganti Group, Inc. (MGI) for CM at Risk Services for Miscellaneous Airport Improvements for Palm Beach County Department of Airports (Department) in the amount of $889,840 and 175 calendar days for Work Order SMC 12: West People Tube Repair at Palm Beach International Airport (PBI); and
B) a budget transfer of $889,840 in the Airport’s Improvement and Development Fund to provide budget for the project, including a transfer from Reserves in the amount of $889,840.
SUMMARY: The CM at
Risk Contract with MGI was approved by the Board on August 20, 2019 (R2019-1221).
The Contract is for two years with three one-year renewal options for CM at
Risk Services for Airport Improvements for the Department. MGI is a Danbury, Connecticut, based firm;
however, the work will be directly managed by their
southeast regional office in Palm Beach County. The County has exercised the
first one-year renewal option. The contract value to date is $7,348,832.71.
Approval of Amendment No. 9 in the amount of $889,840
and 175 calendar days will enable MGI to complete SMC 12: West People Tube
Repair at PBI. This project includes repairs to the elevated pedestrian walkway
between the long term parking garage and the terminal. The damage was caused by an operator of an oversized vehicle failing to
heed the early warning signs for the maximum clearance height on the ground
level south entrance lanes to the terminal. The vehicle struck the bottom of
the walkway causing damage to the stucco façade, framing, fire sprinklers and
electrical systems. The walkway was not being used at the time and was closed until it was
determined that there was no structural damage.
The project was presented to the Goal Setting
Committee on March 2, 2021 and an Affirmative Procurement Initiatives of 12%
SBE participation was applied. The
subcontractor SBE participation on this project is 86%. In addition, MGI’s S/MBE teaming partner, Cooper will
provide 15% of the Construction Management fees. Current cumulative
subcontractor S/M/WBE participation for all work orders to-date under this
contract including this amendment is 42%.
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)
APRIL 12, 2022
5. REGULAR AGENDA
B. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to adopt: a Resolution of
the Board of County Commissioners (BCC) of Palm Beach County, Florida,
approving the Local Housing Assistance Plan (LHAP) as required by the State
Housing Initiatives Partnership (SHIP) Program, Subsections 420.907-420.9079,
Florida Statutes, and Rule, Chapter 67-37, Florida Administrative Code,
authorizing and directing the County Administrator or designee to execute any
necessary documents and certifications needed by the State, authorizing the
submission of the LHAP for review and approval by the Florida Housing Finance
Corporation (FHFC); and providing for an effective date. SUMMARY: Palm Beach County has
participated in the SHIP Program since 1993. The State requires that Palm Beach
County submit an LHAP to FHFC every three years. The proposed LHAP, which is
due May 2, 2022, covers Fiscal Years 2022-2023, 2023-2024 and 2024-2025. By approving this LHAP and submitting it to
FHFC, the County will be in a position to receive funding under the SHIP
Program during the three upcoming years when the State makes funding
allocations to participating jurisdictions. The proposed LHAP maintains the
existing strategies: Purchase Assistance, First Mortgage Loan Assistance
Program, Owner Occupied Housing Rehabilitation, Emergency Repairs, Replacement
Housing, Disaster Assistance, Foreclosure Prevention, Rental Housing
Assistance, Developer Assistance Rental Program and Single Family New
Construction. The LHAP strategies are detailed in Attachment 4 to this agenda item. The LHAP
contains the list of housing strategies the County anticipates using during the
3 year period (FY 2022 - 2025). SHIP funding is approved annually by the
State, and currently we are awaiting the Governor’s final approval of the
State’s Budget. Today’s agenda item incorporates the State’s estimated funding
for Palm Beach County for FY 2022-2023. To expend SHIP funding on a strategy,
the strategy must be included in the LHAP. Some strategies are
proposed for the LHAP, but funding may not be recommended at this time.
Those strategies are added to the toolbox for
future use. When the need to fund these strategies arise, the County can
re-program SHIP funds or use the program income earned to fund the strategy. Additionally, the proposed LHAP includes a
definition for Project Delivery Costs, which will be used
to clarify costs associated with project implementation, and a first priority
ranking for Veterans, Special Needs and Senior Citizens. SHIP regulations require that at least 65% of
a local jurisdiction’s allocation be earmarked for
homeownership activities. These are State SHIP funds, which require no local
match. Countywide (HJF)
2. Staff requests
Board direction: on the Countywide Housing Plan. SUMMARY: On March 29, 2022, the
Board of County Commissioners directed staff to provide an update on the
Housing Summit Steering Committee’s draft of the Countywide Housing Plan For All with 4 areas of focus including Funding &
Financing, Planning & Regulatory Reform, Neighborhood Revitalization &
Community Development and Racial Equity.
The primary recommendation of the Plan is for the County to approve a
$200M bond program to create 20,000 units over a 10-year period equating to
average subsidy of $10,000 per unit. The
Board directed staff to further review the plan,
potential projects and funding sources that support affordable housing. Staff will continue working with the Housing
Summit Steering Committee and Housing Leadership Council to finalize the
plan. Countywide (HJF)
APRIL 12, 2022
5. REGULAR AGENDA
C. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) approve
the Low Income Home Energy Assistance Program
(LIHEAP) HVAC Replacement Program Guidelines; and
B) authorize
the County Administrator or designee to execute
agreements with eligible property owners, and amendments thereto, related
certifications, and all other documents necessary to implement the LIHEAP HVAC
Replacement Program.
SUMMARY: The Community Services Department (CSD)
received $11,684,535 in LIHEAP funding to assist low-income households in
meeting their immediate home energy needs. These funds have
historically been used to assist clients with their electricity bills.
However, many low- income homeowners have the need to replace their air
conditioning units. Replacement of heating/cooling units is an allowable
expense under the LIHEAP grant. To meet this need, CSD is implementing the
LIHEAP HVAC Replacement Program, beginning with a pilot program for
unincorporated areas and expanding to other jurisdictions in FY 2023. The
Community Action Program will work with the Division of Senior and Veteran
Services for outreach and assistance to seniors who are eligible for this
program. CSD expects to assist 100 clients in FY 2022 through this program. No County match is required. (Community
Action Program) Countywide (HH)
APRIL 12, 2022
5. REGULAR AGENDA
D. COUNTY ATTORNEY
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
Tuesday, April 26, 2022: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida (County) repealing County Code
Chapter 18, Article I, Section 18-17, the “Palm Beach County Solicitation and Distribution on
Public Roads Ordinance”
(Solicitation Ordinance); providing for repeal of laws in conflict; providing
for inclusion in the code of laws and ordinances; providing for an effective
date. SUMMARY:
Adoption of this ordinance repeals the Solicitation Ordinance, which prohibits persons from displaying information
of any kind, distributing materials or goods, or soliciting business or
charitable contributions of any kind, on roads. In light of recent First
Amendment case law, where courts have found regulations similar to the
Solicitation Ordinance as unconstitutional, staff recommends repeal of
the Solicitation Ordinance in its entirety. Countywide (YBH)
E. ADMINISTRATION
1. Staff recommends
motion to:
A) approve prioritized project list;
B) approve project selection criteria; and
C) confirm
continuance of
activities to lead to the August 23, 2022 ballot for the Environmental and
Water General Obligation Bond Referendum.
SUMMARY: Staff will provide a progress update on the proposed Environmental
and Water General Obligation Bond Referendum, including ballot language due to
the Supervisor of Elections by May 20, 2022, a prioritized project list,
further details on anticipated operations and maintenance costs, proposed
project selection criteria, and other timelines leading to the August 23,
2022 Primary Election. Countywide (DB)
* * * * * * * * * * * *
APRIL 12, 2022
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 12, 2022
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
APRIL 12, 2022
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Request for off-site Proclamation declaring April 24-30, 2022 as
National Crime Victims’ Rights Week 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 April 28, 2022 as
Workers' Memorial Day in Palm Beach County
District 7 – COMMISSIONER MACK BERNARD
APRIL 12, 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."