May 3, 2022

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

MAY 3, 2022

 

PAGE             ITEM

 

 

 

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


           

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

MAY 3, 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 8-40)

 

 4.        SPECIAL PRESENTATIONS (Page 41)

 

 5.        REGULAR AGENDA (Pages 42-47)

 

 6.        BOARD APPOINTMENTS (Page 48)

 

 7.        STAFF COMMENTS (Page 49)

 

 8.        BCC COMMENTS (Page 50)

 

 9.        MATTERS BY THE PUBLIC – 2:00 P.M. (Page 51)

 

10.       ADJOURNMENT (Page 52)

 

 

 

 

* * * * * * * * * * *


MAY 3, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

B. CLERK & COMPTROLLER

Page 8

            3B-1    Warrant list

            3B-2    Contracts and claims settlements list

 

C. ENGINEERING & PUBLIC WORKS

Page 8

3C-1   Agreement with CSX Transportation, Inc. for reconstruction of the Haverhill Road railroad crossing

3C-2   Contract with Seacoast, Inc. for the Donald Ross Road Bascule Bridge project

Page 9

            3C-3   Amendment to contract with Alan Gerwig & Associates, Inc. to modify the fee schedule

            3C-4   Interlocal Agreement with the Town of Jupiter for drainage improvements on A1A and Indiantown Road

Page 10

            3C-5   Interlocal Agreement with The Town of Jupiter transferring ownership, operations and maintenance of Longshore Drive and Northfork Drive

Page 11

            3C-6   Consultant Services Authorization to contract with WGI, Inc. for the Palmetto Park Road Bascule Bridge over Intracoastal Waterway project

 

E. COMMUNITY SERVICES

Page 12

            3E-1    Agreement with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for supportive services to seniors due to the COVID-19 pandemic

Page3

            3E-2    Data Sharing Agreement with the Florida Department of Health to provide medical care and support for clients with HIV

Page 14

            3E-3    Ratify the Mayor’s signature on the Phase 29 Emergency Food and Shelter Program Grant Application for rental assistance

Page 15

            3E-4    Receive and file Emergency Rental Assistance Program 1 Report from the U.S. Department of the Treasury

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

F. AIRPORTS

Page 16

            3F-1    Receive and file license agreement with Florida Power & Light Company for lease of area at the North Palm Beach County General Aviation Airport

            3F-2    Receive and file terminal space lease agreement with Unifi Aviation, LLC for lease of office space at the Palm Beach International Airport

Page 17

            3F-3    Receive and file consent to sublease between PAE Applied Technologies LLC and Amentum Services, Inc.

            3F-4    Change order to amendment to contract with The Morganti Group, Inc. for Miscellaneous Airport Improvmeents

Page 18

            3F-5    Receive and file general aeronautical services permit with Dade GSE, Inc. for support services to airlines operating at Palm Beach International Airport

            3F-6    Receive and file terminal space lease agreement with G2 Secure Staff, LLC for lease of airline ticket office space at Palm Beach International Airport

Page 19

            3F-7    Change order to contract with Ranger Construction Industries, Inc. for the Northeast Airfield Improvements project

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 19

            3G-1   Receive and file annual report for the fiscal year ending September 30, 2021 from the Palm Springs Community Redevelopment Agency

            3G-2   Receive and file annual report for the fiscal year ending September 30, 2021 from the Westgate Community Redevelopment Agency

Page 20

            3G-3   Receive and file annual report for the fiscal year ending September 30, 2021 from the Boca Raton Community Redevelopment Agency

            3G-4   Receive and file annual report for the fiscal year ending September 30, 2021 from the Riviera Beach Community Redevelopment Agency

            3G-5   Settlement offer for full satisfaction of a code enforcement lien for Alejandro Saravia and Rina Soriano

            3G-6   Recording of the FY 2021 retirements of tangible personal property

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 21

            3H-1   Interlocal agreement with the Clerk of the Circuit Court & Comptroller, 15th Judicial Circuit for fleet management services

Page 22

            3H-2   Amendment to agreement with Global Spectrum, L.P. for operation and management of the Palm Beach County Convention Center

Page 23

            3H-3   Utility Easement Agreement in favor of Florida Power & Light Company for electrical services at the Canyon District Park

            3H-4   Contract with Colome & Associates, Inc. for the Gramercy Park Neighborhood Center project

 

J. PLANNING, ZONING & BUILDING

Page 24

3J-1    Resolution granting County tax exemption for historic rehabilitation of property located in Lake Worth Beach

Pages 25-26

3J-2    Resolutions granting County tax exemption for historical rehabilitation of properties located in Palm Beach

Page 27

3J-3    Resolutions granting County tax exemption for historical rehabilitation of properties located in Delray Beach

Pages 28-29

            3J-4    Resolutions granting County tax exemption for historical rehabilitation of properties located in West Palm Beach

 

K. WATER UTILITIES

Page 29

            3K-1    Work authorization to contract with Johnson-Davis Incorporated for the S.R.15/U.S. 441 from south of Shirley Drive to east of Main Street

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 30

            3L-1    Contract with Florida Fish and Wildlife Conservation Commission for the Bonefish Cove Estuarine Habitat Restoration project

Page 31

            3L-2    Resolution in support of a Waterways Assistance Program Grant Application to the Florida Inland Navigation District for the Providencia Cay Habitat Restoration Project

 

 

 

 

MAY 3, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

M. PARKS & RECREATION

Page 31

            3M-1   Receive and file executed Amphitheater Rental Agreement with DEUTERMANPRODUCTIONS.COM.LLC for the Jupiter Seafood Festival

Page 32

            3M-2   Receive and file executed Entertainment Contractor Agreement with Gary Frost for the Sour Mash concert

Page 33

            3M-3   Ratify the Mayor’s signature on a Waterways Assistance Program grant application to the Florida Inland Navigation District for the redevelopment of the southern portion of Bert Winters Park

Page 34

            3M-4   Ratify the Mayor’s signature on a Waterways Assistance Program grant application to the Florida Inland Navigation District for the renovation of the Peanut Island Park Dock

           

P. COOPERATIVE EXTENSION SERVICE

Page 35

            3P-1    Payment to Friends of Mounts Botanical Garden to fund staff and operational responsibilities at Mounts Botanical Garden

 

Q. CRIMINAL JUSTICE COMMISSION

Page 36

3Q-1   Receive and file amendment to Interlocal Agreement with Florida Atlantic University extending the term of the agreement

 

S. FIRE RESCUE

Page 37

3S-1    Business Associate Agreement with ESO Solutions, Inc. for electronic patient care reporting

3S-2    Resolution authorizing the County Administrator or designee to execute standard agreements with municipalities and independent contractors for swimming lessons

 

AA. PALM TRAN

Page 38

            3AA-1 Resolution approving amendment to the Public Transportation grant agreement with the State of Florida Department of Transportation increasing the agreement for operational expenses for the Go Glades Service

 

 

 

 

 

 

MAY 3, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

CC. SHERIFF

Page 39

            3CC-1 Amendment to contract with the University of North Florida Training and Services Institute, Inc. for the Florida Department of Transportations’ Bicycle Pedestrian Focused Initiative

            3CC-2 Receive and file modification to subgrant agreement with the State of Florida Division of Emergency Management extending the grant period

            3CC-3 Budget amendment for FY 2022 law enforcement services to the School Board of Palm Beach County

Page 40

            3CC-4 Receive and file modification to subgrant agreement with the State of Florida Division of Emergency Management extending the grant period

 

            DD. TOURIST DEVELOPMENT COUNCIL

Page 40

            3DD-1 Receive and file executed FY2022 Grant Agreement management by the Palm Beach County Sports Commission, Inc. for the promotion of the Delray Beach Open

 

 

SPECIAL PRESENTATIONS

Page

            4A       Palm Beach County Arts & Culture Month

            4B       National Correctional Officers and Employees Week

            4C       National Association of Letter Carriers’ Stamp Out Hunger Food Drive Day

            4D       Peace Officers Memorial Day

            4E       National Travel and Tourism Week

            4F       Palm Beach County Small Business Week

            4G       Water Reuse Week

            4H       National Nurses Week

            4I         Building Safety Month

            4J        Hidden Heroes Month

            4K       Emergency Medical Services Week

            4L        Kelley Dunn Day

            4M       National Water Safety Month

            4N       Glenn Jergensen

 

REGULAR AGENDA

 

A. CLERK OF THE CIRCUIT COURT & COMPTROLLER

Page 42

            5A-1    Receive and file presentation of the Palm Beach County Annual Comprehensive Financial Report

 

MAY 3, 2022

 

 

TABLE OF CONTENTS

 

 

            B. COUNTY ATTORNEY

Page 42

            5B-1    Resolution calling for referendum on the November 8, 2022 ballot increasing the millage for the School Board of Palm Beach County

 

            C. AIRPORTS

Page 43

            5C-1   Amendment to contract with Lebolo Construction Management, Inc. for the Federal Inspection Services & Building 846 Storm Resilience Modifications project

 

            D. OFFICE OF RESILIENCE

Page 44

            5D-1   Resolution supporting the expansion of roadways designated as Alternative Fuels Corridors by the Federal Highway Administration

 

            E. FACILITIES DEVELOPMENT AND OPERATIONS

Page 45

            5E-1    Memorandum of Understanding with the University of Florida regarding the sublease of state-owned property located at 571 N. Military Trail in West Palm Beach

 

            F. COMMISSION ON ETHICS

Page 46

            5F-1    Ordinance amending the Palm Beach County Commission on Ethics Ordinance

 

            G. COMMUNITY SERVICES

Page 47

            5G-1   Subrecipient Agreement with United Way of Palm Beach County, Inc. to provide funding assistance for the expansion of hunger relief system in order to increase food bank storage and food processing capacity

 

BOARD APPOINTMENTS (Page 48)

 

STAFF COMMENTS

Page 49

            7A-1    Receive and file updated Board Directive Reports

 

COMMISSIONER COMMENTS (Page 50)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 51)

 

ADJOURNMENT (Page 52)


MAY 3, 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 approve:  a construction agreement (Agreement) with CSX Transportation, Inc. (CSX) in the amount of $1,348,482 for reconstruction of the Haverhill Road railroad crossing, FDOT/AAR Crossing Number 628099B to accommodate the widening of Haverhill Road from north of Caribbean Boulevard to Bee Line Highway (Project).  SUMMARY:  Approval of this Agreement allows CSX to remove and rebuild the existing railroad-crossing surface at Haverhill Road. Palm Beach County (County) is required to reimburse CSX for all materials and labor for modifications to the railroad-crossing surface, for crossing warning devices, for flagging and for construction engineering and inspection required by CSX for the Project. The estimated construction reimbursement cost to CSX from the County under this Agreement is $1,348,482. District 7 (YBH)

 

2.         Staff recommends motion to approve:  a contract with Seacoast, Inc. (SCI) in the amount of $5,719,660 for the rehabilitation of the Donald Ross Road Bascule Bridge (Project).  SUMMARY:  The Donald Ross Road Bascule Bridge is a County maintained structure built in 1998 in need of equipment replacement to extend its service life. Approval of this contract will authorize the construction services necessary to replace the hydraulic, electrical and mechanical equipment within the Donald Ross Road Bascule Bridge. On August 30, 2021, the Office of Equal Business Opportunity granted a waiver of the Affirmative Procurement Initiative requirements because sufficient qualified Small Minority Women Business Enterprises providing the goods or services required by the contract are unavailable in the County, despite every reasonable effort to locate them. SCI was the lowest responsive bidder of three. The contract time for the Project is 390 calendar days. District 1 (YBH)

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

3.         Staff recommends motion to approve: Amendment No. 1 (Amendment) to the Annual Structural Engineering Professional Services Contract (R2020-0547), dated June 2, 2020 (Annual Contract) with Alan Gerwig & Associates, Inc. (AGA), to modify the fee schedule. SUMMARY:  Approval of this Amendment will adjust AGA’s hourly rates, as allowed under Article 1.1.5 of the Annual Contract and supported by the Consumer Price Index (CPI). This article provides that at the consultants request, but no more frequently than once every 12 calendar months, the unburdened (raw) rates may be adjusted by negotiation as an equitable adjustment, if the cost of living index, CPI, supports an increase. The CPI supports an increase of 3.7%. The Affirmative Procurement Initiative selected for this Annual Contract on April 3, 2019 is a 20% minimum mandatory Small Business Enterprise (SBE) participation. AGA agreed to 90% SBE participation for the Annual Contract. The cumulative SBE participation to date for the Annual Contract is 80.12%. Consultant Service Authorizations in the amount of $348,198 have been authorized for AGA to date. AGA is a Palm Beach County based company and is a certified SBE company. Countywide (YBH)

 

4.         Staff recommends motion to approve:  an Interlocal Agreement (Agreement) with the Town of Jupiter (Town) for joint funding of the design, permitting and construction of drainage improvements on A1A from Indiantown Road to approximately 650 feet north (Project). SUMMARY:  Approval of this Agreement will allow Palm Beach County (County) and the Town to share the costs for design and construction of the Project to improve the existing drainage system on A1A from Indiantown Road to approximately 650 feet north, located within the Town. The Town observed flooding on A1A north of Indiantown Road during peak storm events. Depending on the severity of the rain event, both lanes of A1A are under water for more than a day. The Town has requested the County participate in joint funding for the Project. The County is responsible for maintaining A1A within the Project’s limits. The Town agrees to fund the design, permitting, and post design services of the Project at an estimated cost of $71,000. The County agrees to bid, fund and inspect the construction of the Project at an estimated cost of $780,000. Construction costs shall be based upon actual contract costs using contract unit prices and actual construction quantities, said quantities being measured by the County. District 1 (YBH)

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

5.         Staff recommends motion to approve:

 

A) an interlocal agreement to transfer ownership, operations and maintenance of Longshore Drive and Northfork Drive (Roads) to the Town of Jupiter (Town); and

 

B) a county deed to convey the County’s interest in the Roads to the Town.  

 

          SUMMARY: Approval of this interlocal agreement and county deed will transfer ownership of the rights-of-way, operation, and maintenance responsibility for the Roads to the Town.  The County will reserve the County’s interest in petroleum and mineral rights. In a letter dated July 21, 2021, the Town requested this transfer to allow the Town jurisdictional control of the Roads. The purpose of the transfer is to clarify jurisdictional questions, maintenance responsibilities, and permitting requirements for the Roads. It was determined that this transfer and conveyance fully clarifies the responsibilities and conveys all right-of-way interests to the Town. There is a small lessed out parcel that will remain under County ownership until such time that the County is able to convey this property to Martin County for Island Way right-of-way. In accordance with Palm Beach County Ordinance (2019-038), a supermajority vote (5 votes) is required by the Board of County Commissioners (BCC) for all transfers of fee simple real property that requires BCC approval. District 1 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

6.         Staff recommends motion to approve:  a Consultant Service Authorization (CSA) to the Annual Structural Professional Services Contract (R2020-0550) dated June 2, 2020 (Contract) with WGI, Inc. (WGI) in the amount of $422,829.01 for the Palmetto Park Road Bascule Bridge over Intracoastal Waterway – Rehabilitation/Painting and Fender System Repairs (Project). SUMMARY:  Approval of this CSA will provide the structural engineering services to analyze the existing conditions and prepare the necessary structural design plans, specifications and details for the proposed rehabilitation of the structural steel on the moveable spans, and the repainting of the steel members on the bridge. The Affirmative Procurement Initiatives selected for this Contract on April 3, 2019 by the Goal Setting Committee are a 20% minimum mandatory Small Business Enterprise (SBE) participation and an SBE evaluation preference. WGI agreed to 28% SBE participation for the Contract, and 0% SBE participation for this CSA. WGI and its team, including the infrastructure engineering firm Hardesty and Hanover, are uniquely qualified to provide the required specialized structural design for the Project. The cumulative SBE participation to date for the Contract including this CSA is 7.05%. WGI has reaffirmed their commitment to maximizing SBE participation for the Contract, but advises that CSAs requiring specialized work efforts, often do not allow them to provide the needed SBE participation. On June 2, 2020, the Board of County Commissioners approved the Contract with WGI to provide the professional services for structural engineering services throughout the County. WGI is a Palm Beach County based company. This Project is included in the Five-Year Road Program. District 4 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:

 

A) Standard Agreement No. IRP22-9500 for the American Rescue Plan Act (ARPA) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., for the period January 1, 2022 through September 30, 2024, in an amount not-to-exceed $2,931,447, to prevent, prepare for, and respond to the COVID-19 pandemic by providing supportive services to vulnerable seniors; and

 

B) an upward budget amendment in the amount of $2,959,007 in the Division of Senior and Veteran Services (DSVS) Administration Fund to align the budget to the actual grant award.

 

SUMMARY: The major goal of the ARPA Program is to prevent, prepare for, and respond to the pandemic. Supportive services include nutrition services, preventive health, services and support services for family caregivers. Some of the services include helping seniors receive COVID-19 vaccinations and activities that address social isolation. The DSVS is responsible for the programmatic, fiscal, and operational management of ARPA within its designated service area. The program services shall be provided in a manner consistent with the current Department of Elder Affairs Programs and Services Handbook. There is a required County match under RP3B Catalog of Federal Domestic Assistance (CFDA) No. 93.044 in the amount of $71,781, RP3C1 CFDA No. 93.045 in the amount of $93,848, RP3C2 CFDA No. 93.045 in the amount of $140,773 and RP3E CFDA No. 93.052 in the amount of $19,314, totaling $325,716, which is already included in the budget. No additional County match is required. The budget amendment is necessary to align the County budget with the actual grant award. DSVS is responsible for providing services north of Hypoluxo Road. The areas of service include all of the districts, excluding Districts 2, 4, 5 and 7 south of Hypoluxo Road. The Mae Volen Center, Inc. is responsible for providing services in the areas south of Hypoluxo Road. (DSVS) Countywide except for portions of Districts 2, 4, 5 & 7 south of Hypoluxo Road. (HH)

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve the Data Sharing Agreement with the Florida Department of Health (FDOH), for three years effective upon approval of the parties, to match and share limited consented client-level information for the purpose of providing linkage to medical care and social support services for clients with HIV, at no cost to the County; and

 

B) delegate to the County Administrator or designee signatory authority on additional forms and certifications, contracts and agreements and amendments thereto, and any other necessary documents related to the Data Sharing Agreement.

 

SUMMARY: The “Data 2 Care” strategy is supported by the Palm Beach County (PBC) Ending the HIV Epidemic Initiative and is a critical component of our plan to end HIV in PBC by 2030. The agreement requested will include sharing limited client-level information entered into the PBC HIV/AIDS program data management information system with FDOH. The agreement is necessary to be able to match and receive updated client-level information for the purpose of providing linkage to care services for clients with HIV. For the purposes outlined in this agreement, client consent is required in order for the sharing of their information between PBC and FDOH. This agreement will reduce duplication of administrative efforts of both entities, reduce client burden in maintaining service eligibility, facilitate more effective service delivery and utilization of available resources, and increase coordination of services between PBC and FDOH. No County match is required. (Community Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on the Phase 39 Emergency Food and Shelter Program (EFSP) Grant Application, for a period to be determined upon receipt of funding, in the amount of $100,000, for the provision of rental assistance to individuals and families in need;

 

B) ratify the signature of the Mayor on the Phase ARPA-R (American Rescue Plan Act –R) EFSP Grant Application, for a period to be determined upon receipt of funding, in the amount of $320,000, for the provision of rental assistance and emergency hotel/motel funding for individuals and families in need; and

 

C) authorize the County Administrator or designee to execute grant agreements and amendments thereto, and all other necessary documents related to the EFSP.

 

SUMMARY: The Emergency Food and Shelter National Board Program is a restricted federal grant that provides EFSP funds. The ARPA-R dollars are additional dollars released in conjunction with the annual EFSP grant program. The United Way of Palm Beach County, Inc. (United Way) administers the award locally. The Palm Beach County Community Services Department has a long history with United Way and the Emergency Food and Shelter grant. The Division of Human Services (DHS) has received EFSP funds for the past 27 years. The DHS is applying for funds totaling $420,000 to provide rental assistance to families in need and emergency hotel/motel funding for the homeless in our community. During the last EFSP funding cycle 257 households were served, a 10% increase from the previous funding cycle. The EFSP funds are non-recurring funds and no County match is required. The emergency signature process was utilized because there was not sufficient time to submit the grant applications through the regular BCC agenda process. (Division of Human Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to:

 

A) receive and file the Emergency Rental Assistance Program 1 (ERAP 1) Report from the U.S. Department of the Treasury (Treasury), for reallocated funds in the amount of $2,608,943.08 for a new total funding amount of $47,804,943.08 and to extend the end date from September 30, 2022 to December 29, 2022 for the disbursement of the reallocated funds; and

 

B) approve an upward budget amendment in the amount of $2,608,943 in the ERAP Fund to recognize the additional funding received from the Treasury to align the budget to the actual grant award for ERAP 1 funding.

 

SUMMARY: On January 7, 2022, the Deputy Secretary of the U.S. Treasury released instructions on requesting additional ERAP 1 funding that may be available due to reallocations from under-performing jurisdictions. As a high-performing jurisdiction and based on program needs, Palm Beach County requested an additional $20,000,000. On March 14, 2022, the Treasury awarded Palm Beach County $2,608,943.08. The full requested amount was not available as the amount of reallocated funds requested by eligible grantees was far greater than the funding available to distribute. As of March 15, 2022, $59,943,252 has been disbursed on behalf of 7,561 unduplicated households under ERAP. A total of 71% of the funding received has been spent and only 29% remains. The Catalog of Federal Domestic Assistance number for ERAP is 21.023. No County match is required. (Division of Human Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file: License Agreement with Florida Power & Light Company, a Florida corporation (FPL), commencing December 17, 2021, terminating September 30, 2022, and automatically renewing on an annual basis each October 1st to September 30th until canceled, providing for FPL to lease 2,015 square feet of unimproved ground area at the North Palm Beach County General Aviation Airport (F45), for payment of license fees in the amount of $316.88 for the initial term. SUMMARY:  FPL leases hangar space at F45 pursuant to a Space Permit with Signature Flight Support LLC, the fixed base operator.  FPL uses the hangar to store an unmanned aerial vehicle (drone) in connection with FPL’s responsibilities to maintain power transmission systems in south Florida, and FPL requires the use of 2,015 square feet of ground area adjacent to the hangar to stage a mobile command center trailer used to pilot the drone.  FPL will install underground power and cabling to support the command center trailer with the hangar. Delegation of authority for execution of the standard form Terminal Space Lease Agreement was approved by the Board pursuant to R2007-2070. Countywide (AH)

 

2.         Staff recommends motion to receive and file: Terminal Space Lease Agreement (Agreement) with Unifi Aviation, LLC (Unifi), commencing February 18, 2022, terminating September 30, 2022 (initial term), and automatically renewing on an annual basis each October 1st to September 30th until canceled, for Unifi to lease approximately 192 square feet of office space at the Palm Beach International Airport (PBI) terminal building for payment of rental in the amount of $7,766.64 for the initial term. SUMMARY:  Unifi provides support services to airlines at PBI and leases space at the ground level of concourse “C”. Delegation of authority for execution of the standard form Terminal Space Lease Agreement was approved by the Board pursuant to R2018-0995. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

3.         Staff recommends motion to receive and file: 

 

A) February 8, 2022, letter from the Director of Airports to PAE Applied Technologies LLC, a Delaware limited liability company (PAE), and Amentum Services, Inc., a Delaware corporation (Amentum), consenting to the Assignment of Lease Agreement, assigning that certain Lease Agreement dated June 16, 2009 (R2009-0973, as amended)(the Lease) between PAE and County, at the Palm Beach International Airport (PBI) from PAE to Amentum, effective as of February 5, 2022 (Consent); and

 

B) License Agreement with Amentum, commencing February 5, 2022, and expiring September 30, 2025, for Amentum to use approximately 48,716.64 square feet of ground area at PBI for parking in connection with the Lease, for payment of license fees in the amount of $3,298.52 per month.

 

SUMMARY: The Lease provides for hangar, office and terminal facilities at PBI to support the U.S. Navy’s Undersea Test and Evaluation Center (AUTEC) in the Bahamas. The second amendment to the Lease (R2021-0321) enabled PAE to assign the Lease to a Successor Contractor with the Department of Defense for the AUTEC program (Permitted Transferee). The consent approves the Assignment of Lease by PAE to Amentum as the Successor Contractor/Permitted Transferee. The license agreement allows for use of a vehicle parking area at PBI in support of Amentum’s operations under the Lease. Countywide (AH)

 

4.         Staff recommends motion to approve:  Change Order No. 1 to Amendment No. 7 to the Construction Manager (CM) at Risk Contract (Contract) with The Morganti Group, Inc. for CM at Risk Services for Miscellaneous Airport Improvements for Palm Beach County Department of Airports (Department) to extend the project time by 145 calendar days for Work Order SMC 09: Fire Pump Replacement at Palm Beach International Airport. SUMMARY: Amendment No. 7 was approved by the Board on August 17, 2021 in the amount of $605,906 and 244 calendar days (R2021-1161). The contract value to date is $7,348,832.71. The project includes replacement of the two fire pumps that support the fire protection of the terminal facility, which are nearing the end of their service life. The project was scheduled to be substantially complete within 214 calendar days; however, delays in shipment of the diesel fire pump due to supply chain impacts of the global COVID-19 pandemic and current market conditions require the time be extended by 145 calendar days. There is no change in cost associated with this change order. Countywide (AH)

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

5.         Staff recommends motion to receive and file: General Aeronautical Services Permit (Permit) with Dade GSE, Inc. (Dade), commencing March 23, 2022, terminating on September 30, 2022, and automatically renewing on an annual basis each October 1st unless canceled, authorizing Dade to provide support services to airlines operating at the Palm Beach International Airport (PBI), for payment of service fees in the amount of 7% of gross revenues derived from non-signatory airlines operating at PBI. SUMMARY:  Dade provides support services to airlines, including maintenance of ground support equipment.  Delegation of authority for execution of the standard form Permit above was approved by the Board in R2010-0708. Countywide (AH)

 

6.         Staff recommends motion to receive and file:  Terminal Space Lease Agreement (Agreement) with G2 Secure Staff, LLC (G2), commencing March 28, 2022, terminating September 30, 2022 (initial term), and automatically renewing on an annual basis each October 1st to September 30th until canceled, for G2 to lease approximately 388 square feet of airline ticket office space at the Palm Beach International Airport (PBI) terminal building for payment of rental in the amount of $15,183.76 for the initial term. SUMMARY:   G2 provides support services to airlines at PBI, including wheelchair service, cabin cleaning and aircraft ramp service.  G2 also leases space at the third floor ticketing level.  The Agreement provides that upon the March 28, 2022, commencement date, the Terminal Space Lease Agreement with G2 dated June 10, 2021 (R2021-1026) will terminate. Delegation of authority for execution of the standard form Terminal Space Lease Agreement was approved by the Board pursuant to R2018-0995. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

7.         Staff recommends motion to approve: 

 

A) Change Order No. 11 to the contract with Ranger Construction Industries, Inc. in the amount of $137,687.54 for the Northeast Airfield Improvements project at Palm Beach International Airport (PBI); and

 

B) a budget transfer of $137,688 in the Airport’s Improvement and Development Fund to provide budget for the project, including a transfer from Reserves in the amount of $137,688.

 

SUMMARY: The contract with Ranger Construction Industries Inc. for the Northeast Airfield Improvements project at PBI in the amount of $28,745,719.87 and 787 calendar days was approved by the Board on June 18, 2019 (R2019-0840).  Change Orders 1-10 in the amount of $198,527.96 and 41 calendar days were approved under the delegated authorities detailed in PPM CW-F-050.  Approval of Change Order No. 11 will primarily compensate the contractor for additional costs claimed to maintain the drainage flow through a by-pass canal during the installation of box culverts. This requirement was not reflected in the documents at the time of bid. This is a unit price contract based on estimated quantities for work and materials by line item, which are adjusted based on actual quantities upon completion of the work. This change order also includes adjustments to reflect final quantities for items that have been completed.  The Disadvantaged Business Enterprise (DBE) Goal for this project was established at 16%. Ranger has committed to 17.33% participation. The current cumulative DBE participation for this contract, including all change orders is 16%.    Countywide (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to receive and file:  Annual Report for the Fiscal Year ending September 30, 2021 from the Palm Springs Community Redevelopment Agency (CRA).  SUMMARY: The Palm Springs CRA has submitted its Annual Report for the Fiscal Year ending September 30, 2021 as per Section 163.371, Florida Statutes. Countywide (DB)

 

2.         Staff recommends motion to receive and file:  Annual Report for the Fiscal Year ending September 30, 2021 from the Westgate Community Redevelopment Agency (CRA). SUMMARY: The Westgate CRA has submitted its Annual Report for the Fiscal Year ending September 30, 2021 as per Section 163.371, Florida Statutes.   Countywide (DB)

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

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

 

3.         Staff recommends motion to receive and file:  Annual Report for the Fiscal Year ending September 30, 2021 from the Boca Raton Community Redevelopment Agency (CRA). SUMMARY: The Boca Raton CRA has submitted its Annual Report for the Fiscal Year ending September 30, 2021 as per Section 163.371, Florida Statutes.   Countywide (DB)

 

4.         Staff recommends motion to receive and file:  Annual Report for the Fiscal Year ending September 30, 2021 from the Riviera Beach Community Redevelopment Agency (CRA).  SUMMARY: Riviera Beach CRA has submitted its Annual Report for the Fiscal Year ending September 30, 2021 as per Section 163.356(3)(d), Florida Statutes. Countywide (DB)

 

5.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $19,000 for the full satisfaction of a code enforcement lien that was entered against Alejandro Saravia and Rina Soriano on July 1, 2009. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an order on April 1, 2009 for the property owned by Alejandro Saravia and Rina Soriano providing them until May 1, 2009 to bring their property located at 6201 Honeywood Way, Lake Worth, FL into full compliance. The property had been cited for exterior structure in disrepair.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Alejandro Saravia and Rina Soriano on July 1, 2009. The Code Enforcement Division issued an Affidavit of Compliance for the property on March 10, 2022 stating that the cited code violations had been fully corrected as of March 10, 2022. The total accrued lien amount through March 17, 2022, the date on which settlement discussions began, totaled $356,083.86. Mr. Saravia and Mrs. Soriano have agreed to pay Palm Beach County $19,000 (5%) for full settlement of their outstanding Code Enforcement lien. District 3 (SF)

 

6.         Staff recommends motion to approve: the recording of the FY 2021 retirements of tangible personal property (equipment, vehicles, and publications) in the official minutes of the Board of County Commissioners’ meeting as prescribed by Florida Statutes, Chapter 274.  SUMMARY: Florida Statutes, Chapter 274 and the Palm Beach County “Surplus Property Ordinance” require the recording of the disposal (retirement) of tangible personal property from the official records of Palm Beach County at historical value.  Disposal, retirement, and adjustments total $72,734,503.92. Countywide (DB)

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Clerk of the Circuit Court & Comptroller, 15th Judicial Circuit (Clerk), providing fleet management services for a period of five years upon execution of this Agreement.  SUMMARY: The Agreement provides the terms and conditions under which the County provides fleet management services to the Clerk of the Circuit Court & Comptroller. The Agreement establishes the mechanisms by which the County will provide: 1) fuel management, including the billing structure and annual notice of the administrative markup, 2) preventative maintenance and corrective repairs to vehicles and equipment, and 3) management of the Vehicle Replacement Policy Fund. The terms of the Agreement are standard and the rates are consistent with those being charged to County Departments. In the event that the County must out-source the work, a separate commercial repair rate is provided. The rates may be adjusted annually but in no event shall the fees to the Clerk exceed the fee schedule applied to County Departments. The term of the Agreement is five years commencing on May 3, 2022. There are two renewal options for a period of five years each. The Agreement may be terminated by either party for any reason upon 60 days-notice. The County does not require any additional staffing and/or equipment to enter this Agreement. (FDO Admin) Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: a Second Amendment (Amendment) to the Convention Center Operating Agreement (Agreement) with Global Spectrum, L.P., d/b/a Spectra Venue Management (Operator), for the operation and management of the Palm Beach County Convention Center (Convention Center) extending the term for an additional 12 months through September 30, 2023.  SUMMARY: In 2012, Operator was selected to operate and manage the Convention Center through a competitive Request for Proposals (RFP) process. Under the terms of the Agreement (R2012-1047), the Board of County Commissioners (Board) exercised a renewal option to extend the Agreement for five years through September 30, 2022 (R2017-0932).  Staff recommends extending the Agreement for another 12 months for the following reasons: 1) disruptions in operations caused by COVID-19 over the past two years; 2)  the County recently issued an RFP for a new Food and Beverage Services contract at the Convention Center since the current Food and Beverage contract also expires on September 30; and 3) the Tourist Development Council (TDC) Director is retiring and the additional time will allow the new director to become familiar with Convention Center operations before advertising for a new Convention Center operator. Facilities Development and Operations (FDO) and TDC intend to advertise the solicitation for a new operator in the spring of 2023 with an anticipated award in the summer of 2023.  The FDO and TDC Directors recommend this extension as it is deemed beneficial to the interests, health, safety and welfare of the County. This Agreement is exempt from the Purchasing Code, but staff has complied with the requirements of Purchasing Code Section 2-54(b) since this is an extension of a competitively procured contract.  The Agreement provides for the County to pay Operator an annual fixed fee (Annual Fixed Fee) of $214,092 to be paid in monthly installments of $17,841 which may be adjusted annually each October, based on the percentage change in the Consumer Price Index; provided however, the annual adjustment will not increase or decrease by more than 3%. In addition to the Annual Fixed Fee, Operator has the potential to earn an incentive fee (Incentive Fee), which will not exceed $100,000 or 25% of the Annual Fixed Fee, whichever is less, if key performance measures are met in areas of financial, SBE achievement, marketing, sales and customer service. In addition to extending the term for 12 months, the Amendment revises the County standard language on non-discrimination and adds new language on E-Verify. During its December 9, 2021 meeting, the TDC Board approved recommending to the Board approval of the 12-month extension to the Agreement. This Operating Agreement is exempt from the Equal Business Opportunity Ordinance. (TDC/FDO) Countywide (MWJ)

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve: a Utility Easement Agreement (Easement) in favor of Florida Power & Light Company (FPL) for underground electrical improvements and an above ground pad-mounted transformer to service the Canyon District Park (Park).  SUMMARY: The Park is located just south of Boynton Beach Boulevard between Acme Dairy Road and Lyons Road in unincorporated Palm Beach County. During the current development of the Park, underground electric improvements and an above ground pad-mounted transformer were installed. A non-exclusive utility easement will be granted to FPL at no charge, as the electrical improvements will only service the Park. The easement area is approximately 457 feet in length and approximately 10 feet in width, containing 4,927.82 square feet (0.1131 acres). (Property & Real Estate Management) District 5 (HJF)

 

4.         Staff recommends motion to approve: a contract with Colome & Associates, Inc. (Consultant) to provide professional architectural/engineering design, programming, site plan approval, permitting, and construction administration services for the Gramercy Park Neighborhood Center located at 5615 Parke Avenue, West Palm Beach in the amount of $352,374.48. SUMMARY: The professional services include design and consulting services for a new approximately 11,200 square foot Neighborhood/Community Center (Center). The Center includes a large multi-purpose room, classroom, kitchen, offices, building support spaces and site amenities including a parking lot, landscaping and mulch-surfaced walking trails. The solicitation for design professionals was advertised on December 5, 2021 according to the Equal Business Opportunity Ordinance, with final selection on March 14, 2022.  The project was presented to the Goal Setting Committee on November 17, 2021. The Committee established Affirmative Procurement Initiatives of a Minority/Women Business Enterprise (M/WBE) evaluation preference of up to 15 points and a minimum mandatory participation goal of 20% Small Business Enterprise (SBE) participation. The Consultant is a certified SBE firm. The Consultant committed to a 99% SBE participation goal, of which 86% is from African American and/or women-owned business for this contract. The Consultant is a local firm. Funding for this project is from the Infrastructure Sales Tax fund. (Capital Improvements Division) District 7 (MWJ)

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

            J.         PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to:

 

A) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 1020 South Lakeside Drive, Lake Worth Beach; and

 

B) approve a tax exemption covenant for 1020 South Lakeside Drive, Lake Worth Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted.

 

SUMMARY: The resolution will authorize a County tax exemption for the following historic property located within the City of Lake Worth Beach: 1020 South Lakeside Drive, (property is privately owned for residential use). If granted, the tax exemptions shall take effect January 1, 2022, and shall remain in effect for ten years, or until December 31, 2031. The exemption shall apply to 100 percent of the assessed value of all improvements to the historic property, which resulted from restoration, renovation, or rehabilitation of the property. The estimated total tax exempted for the ten years ending December 31, 2031, is $17,666.06. Actual exemption amounts will be based upon the Countywide Millage rate on a yearly basis. It is estimated that approximately $1,766.61 tax dollars will be exempted annually based on the 2022 Countywide Millage Rate. Accompanying each resolution is a Lake Worth Beach approved restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. District 7 (DL)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING (Cont’d)

 

2.         Staff recommends motion to:

 

A) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 1 South County Road, Palm Beach;

 

B) approve a tax exemption covenant for 1 South County Road, Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

C) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 244 Nightingale Trail, Palm Beach;

 

D) approve a tax exemption covenant for 244 Nightingale Trail, Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

E) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 280 Sunset Avenue, Palm Beach;

 

F) approve a tax exemption covenant for 280 Sunset Avenue, Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

G) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 303 Maddock Way, Palm Beach;

 

H) approve a tax exemption covenant for 303 Maddock Way, Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

I) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 473 N. County Road, Palm Beach; and

 

J) approve a tax exemption covenant for 473 N. County Road, Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted.

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING (Cont’d)

 

2.         (Cont’d) SUMMARY: The resolution will authorize a County tax exemption for the following historic properties located within the Town of Palm Beach: 1 South County Road, (property is privately owned for commercial use); 224 Nightingale Trail, (property is privately owned for residential use); 280 Sunset Avenue, (property is privately owned for commercial use); 303 Maddock Way (property is privately owned for residential use); and 473 N. County Road (property is privately owned for residential use). If granted, the tax exemptions shall take effect January 1, 2022, and shall remain in effect for ten years, or until December 31, 2031. The exemption shall apply to 100 percent of the assessed value of all improvements to the historic property, which resulted from restoration, renovation, or rehabilitation of the property. The estimated total tax exempted for the ten years ending December 31, 2031, is $1,452,324.92. Actual exemption amounts will be based upon the Countywide Millage rate on a yearly basis. It is estimated that approximately $145,232.49 tax dollars will be exempted annually based on the 2022 Countywide Millage Rate. Accompanying each resolution is a Town of Palm Beach approved restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. District 1 (DL)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING (Cont’d)

 

3.         Staff recommends motion to: 

 

A) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 227 NE 1st Avenue, Delray Beach;

 

B) approve a tax exemption covenant for 227 NE 1st Avenue, Delray Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

C) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 228 North Dixie Boulevard, Delray Beach;

 

D) approve a tax exemption covenant for 228 North Dixie Boulevard, Delray Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

E) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 235 NE 1st Avenue, Delray Beach; and

 

F) approve a tax exemption covenant for 235 NE 1st Avenue, Delray Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted.

 

SUMMARY: The resolutions will authorize a County tax exemption for the following historic properties located within the City of Delray Beach: 227 NE 1st Avenue, (property is privately owned for residential use), 228 Dixie Boulevard, (property is privately owned for residential use), and 235 NE 1st Avenue, (property is privately owned for residential use). If granted, the tax exemptions shall take effect January 1, 2022, and shall remain in effect for ten years, or until December 31, 2031. The exemption shall apply to 100 percent of the assessed value of all improvements to the historic property, which resulted from restoration, renovation, or rehabilitation of the property. The estimated total tax exempted for the ten years ending December 31, 2031, is $25,133.24. Actual exemption amounts will be based upon the Countywide Millage rate on a yearly basis. It is estimated that approximately $2,513.32 tax dollars will be exempted annually based on the 2022 Countywide Millage Rate. Accompanying each resolution is a City of Delray Beach approved restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. District 7 (DL)

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING (Cont’d)

 

4.         Staff recommends motion to:

 

A) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 224 Almeria Road, West Palm Beach;

 

B) approve a tax exemption covenant for 224 Almeria Road, West Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

C) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 406 35th Street, West Palm Beach;

 

D) approve a tax exemption covenant for 406 35th Street, West Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

E) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 823 38th Street, West Palm Beach;

 

F) approve a tax exemption covenant for 823 38th Street, West Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

G) adopt  a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 3101 Washington Road, West Palm Beach;

 

H) approve  a tax exemption covenant for 3101 Washington Road, West Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;

 

I) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 3815 Eastview Avenue, West Palm Beach; and

 

J) approve a tax exemption covenant for 3815 Eastview Avenue, West Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted.

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING (Cont’d)

 

4.         (Cont’d) SUMMARY: The resolution will authorize a County tax exemption for the following historic properties located within the City of West Palm Beach: 224 Almeria Road, (property is privately owned for residential use); 406 35th Street, (property is privately owned for residential use); 823 38th Street, (property is privately owned for residential use); 3101 Washington Road, (property is owned for residential use); and 3815 Eastview Avenue (property is privately owned for residential use). If granted, the tax exemptions shall take effect January 1, 2022, and shall remain in effect for ten years, or until December 31, 2031. The exemption shall apply to 100 percent of the assessed value of all improvements to the historic property, which resulted from restoration, renovation, or rehabilitation of the property. The estimated total tax exempted for the ten years ending December 31, 2031, is $172,373.08. Actual exemption amounts will be based upon the Countywide Millage rate on a yearly basis. It is estimated that approximately $17,237.31 tax dollars will be exempted annually based on the 2022 Countywide Millage Rate. Accompanying each resolution is a City of West Palm Beach approved restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. Districts 2 & 7 (DL)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: Work Authorization (WA) No. 21 to the 2019 Pipeline Continuing Construction Contract (Continuing Contract) with Johnson–Davis Incorporated, (Contractor) for S.R.15/U.S. 441 from south of Shirley Dr. to east of Main Street; F.D.O.T. # 443994 (Project) in the amount of $570,830.40. SUMMARY: On February 11, 2020, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-0160) with Contractor. WA No. 21 provides for the replacement of the existing water mains and force mains along S.R.-15/U.S. 441 in the City of Pahokee. The Project includes the installation of approximately 900 linear feet of 6-inch and 8-inch water mains and the installation of 950 linear feet of 4-inch and 8-inch force mains including the associated valves, fire hydrants, water services, and site restoration. The Project also includes the grouting of approximately 1,700 linear feet of an abandoned 4-inch force main under the road. The Continuing Contract was procured under the requirements of the Equal Business Opportunity Ordinance. On April 3, 2019, the Goal Setting Committee applied an Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise (SBE) subcontracting participation. The Continuing Contract provides for 20.07% SBE participation. WA No. 21 includes 17.20% SBE participation. The cumulative SBE participation including WA No. 21 is 22.83%. Contractor is a Palm Beach County based company. The Project is included in the PBCWUD FY22 budget. (PBCWUD Project No. 21-065) District 6 (MWJ)

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A)  approve Florida Fish and Wildlife Conservation Commission (FWC) Contract No. 21250 (Contract) for an amount not to exceed $500,000 to contribute to the total cost of construction of the Bonefish Cove Estuarine Habitat Restoration Project (Project) beginning upon Contract execution and expiring June 1, 2025;

 

B)  approve a budget amendment in the Manatee Protection Fund for $500,000 to recognize the revenue from the FWC Contract No. 21250; and

 

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

 

SUMMARY: The Florida Legislature allocated funding in FY2021-2022 to restore habitat in manatee concentrated areas.  The Bonefish Cove Project was selected as a priority project from amongst many viable projects throughout the state. On April 2, 2019, the Board of County Commissioners approved the Lake Worth Lagoon Section 1135 Project (Bonefish Cove) Partnership Agreement (R2019-1177) with the Department of the Army, United States Army Corps of Engineers (ACOE) to implement the Project. This Contract supports the local cost share of the ACOE Project by reimbursing the County up to $500,000 for the cost of excavating, transporting and installing sand to construct the Project. The Contract does not require a match and there is no cost to the County.  Districts 2 & 7 (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to:

 

A) adopt a Resolution For Assistance 2022 in support of a Waterways Assistance Program (WAP) Grant Application to the Florida Inland Navigation District (FIND) to fund up to $365,000 or 50% of the construction costs for the Providencia Cay Habitat Restoration Project (Project); and

 

B) authorize the County Administrator or designee to execute the Grant Project Agreement (Agreement), to sign all future time extensions, task assignments, certifications, and other forms associated with the Agreement, or any necessary minor amendments that do not substantially change the scope of work, or terms and conditions of the Agreement, if the grant is approved.

 

SUMMARY:  The FIND WAP Grant will reimburse the County up to $365,000 to create 5.5 acres of mangrove, oyster reef and seagrass habitat within the Lake Worth Lagoon (LWL). The Project also includes new areas for water-based recreation providing fishing, bird observation and paddling opportunities. If successful in receiving the grant, the deadline to spend the funding will be September 2024. There is no cost to the County at this time. If awarded, the County will have to provide a match in the amount of $365,000, representing a 50% cost-share. Matching funds will come from Manatee Protection Fund. District 7 (SS)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: an executed Amphitheater Rental Agreement for DEUTERMANPRODUCTIONS.COM.LLC for the Jupiter Seafood Festival at Seabreeze Amphitheater, for the period of February 16, 2022 through February 21, 2022. SUMMARY: This Amphitheater Rental Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2009-0335, amended by Resolutions 2009-1807, 2012-1715, and 2014-0166. The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 1 (AH)

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

2.         Staff recommends motion to receive and file: the executed Entertainment Contractor Agreement for Gary Frost in an amount not to exceed $500 for the Sour Mash concert at Canyon Amphitheater on March 19, 2022. SUMMARY: The Parks and Recreation Department produces cultural activities to promote the quality of life in the communities it serves.  A sponsorship in the amount of $500 from Nostalgic America offset the expenses of the event at the Canyon Amphitheater. This Entertainment Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644, 2014-0168 and 2017-1367. The Department is now submitting this agreement in accordance with County PPM CW‑O‑051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 5 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

3.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on a Waterways Assistance Program (WAP) grant application submitted to the Florida Inland Navigation District (FIND) on March 15, 2022, requesting $1,000,000 to fund 50% of the construction costs associated with the redevelopment of the southern portion of Bert Winters Park;

 

B) adopt resolution for assistance under the FIND WAP for grant funding for the redevelopment of the southern portion of Bert Winters Park in the amount of $1,000,000;

 

C) authorize the County Administrator or designee to execute the Grant Project Agreement, as well as task assignments, certifications, standard forms, or amendments to the Agreement that do not change the scope of work or terms and conditions of the Agreement, if the grant is approved;

 

D) authorize the Director of the Parks and Recreation Department to serve as the Project Director; and

 

E) authorize the Director of the Parks and Recreation Department to serve as Liaison Agent and the County Administrator’s designee with FIND for this project.

 

SUMMARY:  The total cost of the project identified in the FIND WAP grant application is $2,000,000. This grant application requests $1,000,000 to fund up to (50%) of the construction costs associated with the redevelopment of southern portion of Bert Winters Park.  Project elements include installation of a new canoe/kayak boat launch, expanded parking, new lighting, waterfront promenade, new picnic facilities and associated infrastructure. The existing parking and day use dock will also be renovated as part of this project. If the FIND grant is approved, the County will provide matching funds using Infrastructure Sales Tax funding.  Due to grant-related items requiring timely execution by the County, staff is requesting Board approval for the County Administrator or designee to approve grant documents and for the Parks and Recreation Director to act as the County Administrator’s designee and Liaison Agent for this project, if funding is approved. The State’s timeframe for this application did not allow for prior approval by the Board. To meet the grant application deadline, Mayor Weinroth signed the application on behalf of the Board as authorized by the Palm Beach County Administrative Code, Section 309.00.  This Code requires that the grant be presented to the Board for ratification at the next available Board meeting after signature by the Mayor. District 1 (AH)

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

4.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on a Waterways Assistance Program (WAP) grant application submitted to the Florida Inland Navigation District (FIND) on March 15, 2022, requesting $175,000 to fund 50% of the expected planning, design, and permitting costs associated with the Peanut Island Park Dock Renovation Project;

 

B) adopt resolution for assistance under the FIND WAP for grant funding for the planning, design and permitting of Peanut Island Park Dock Renovation Project in the amount of $175,000;

 

C) authorize the County Administrator or designee to execute the Grant Project Agreement, as well as task assignments, certifications, standard forms, or amendments to the Agreement that do not change the scope of work or terms and conditions of the Agreement, if the grant is approved;

 

D) authorize the Director of the Parks and Recreation Department to serve as the Project Director; and

 

E) authorize the Director of the Parks and Recreation Department to serve as Liaison Agent and the County Administrator’s designee with FIND for this project.

 

SUMMARY:  The total cost of the project identified in the FIND WAP grant application is $350,000. This grant application requests $175,000 to fund up to (50%) of the planning, design and permitting costs associated with the  renovation and replacement of the Coast Guard Facility docks.  If the FIND grant is approved, the County will provide matching funds from the Florida Boating Improvement Program.  Due to grant-related items requiring timely execution by the County, staff is requesting Board approval for the County Administrator or designee to approve grant documents and for the Parks and Recreation Director to act as the County Administrator’s designee and Liaison Agent for this project, if funding is approved. The State’s timeframe for this application did not allow for prior approval by the Board. To meet the grant application deadline, Mayor Weinroth signed the application on behalf of the Board as authorized by the Palm Beach County Administrative Code, Section 309.00.  This Code requires that the grant be presented to the Board for ratification at the next available Board meeting after signature by the Mayor. Districts 1 & 7 (AH)

 

 

           

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

P.        COOPERATIVE EXTENSION SERVICE 

 

                        1.         Staff recommends motion to approve: payment to Friends of Mounts Botanical Garden (FMBG) in the amount of $50,000 to be withdrawn from the General Fund to contribute to the FMBG to cover a portion of shared funding to maintain existing staff and operational responsibilities at Mounts Botanical Garden of Palm Beach County (Mounts). This serves as the governing authority to allow the Clerk’s Office to issue payment in the amount of $50,000 to the FMBG. SUMMARY: Currently, Palm Beach County Cooperative Extension and the FMBG have several agreements that provide for shared funding responsibilities for staff that work at Mounts. Most of the revenues that are used by the FMBG for these agreements are derived from admissions, special events, gift shop sales, and other donations. As the Mounts had been either closed or allowed to open at reduced capacity since March 2020 and not able to conduct normal business, revenues had significantly declined.  An earlier agenda item approved by the Board of County Commissioners on September 15, 2020 attempted to address this same $50,000 contribution. However, in the opinion of the Clerk’s Office, the specific wording of that agenda item did not allow for the transaction of the $50,000 support to occur. For this reason, staff is presenting this clarifying agenda item to allow the Clerk’s Office to accomplish the original intent. District 7 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to receive and file:

 

A) a third amendment to Interlocal Agreement (R2018-1223) dated December 21, 2021 between Palm Beach County (County) and Florida Atlantic University (FAU) to extend the agreement term from November 13, 2021 to May 13, 2022 and reducing the total agreement price from $128,257 to $123,757; and

 

B) a fourth amendment to Interlocal Agreement (R2018-0099) dated December 31, 2021 between County and the Public Defender for the Fifteenth Judicial Circuit (Public Defender) to extend the agreement from December 31, 2021 to September 30, 2022.

 

SUMMARY: The third amendment to the Interlocal Agreement with FAU extends the term of the agreement. Due to the COVID-19 pandemic, the work under this agreement was unavoidably delayed because it was unsafe for FAU to conduct in-person interviews, collect pertinent data and finalize the process and outcomes evaluation as originally agreed. This resulted in a contract price reduction and extension. This contract is funded by a transfer from the County’s Crime Prevention Trust Fund. On August 14, 2018, the Board of County Commissioners (BCC) delegated signature authority to the County Administrator or designee to execute amendments related to said Interlocal Agreement. The fourth amendment to the Interlocal Agreement with the Public Defender extends the funding period for continued community-based services and the work of their Social Services Coordinator in facilitating the pretrial release of inmates from jail. On January 23, 2018, the BCC delegated signature authority to the County Administrator or designee to execute amendments related to said Interlocal Agreement. In accordance with County PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating department as a receive and file agenda item. Countywide (JW)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to approve: a Business Associate Agreement (BAA) between Palm Beach County and ESO Solutions, Inc., that will be incorporated into all past, present and future agreements between the parties. SUMMARY: ESO Solutions, Inc. is the current provider of an electronic patient care reporting (ePCR) product that interface’s with Fire Rescue’s current fire data management system, for incident reporting, data collection, retention and management. In accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996, the BAA provides for the appropriate safeguard of protected health information that is created, received, maintained, or transmitted on behalf of Fire Rescue. Countywide (SB)

 

2.         Staff recommends motion to adopt: a resolution authorizing the County Administrator or designee which in this case shall be the Fire Rescue Administrator, to execute standard agreements with municipalities and other independent contractors to provide swimming lessons to members of the public through the Palm Beach County Drowning Prevention Coalition’s Learn to Swim Program; providing an effective date; providing for repeal of Resolution 2021-0075. SUMMARY: The Palm Beach County Drowning Prevention Coalition Learn to Swim Program distributes vouchers to the public, which may be redeemed for swimming lessons at designated aquatic facilities within Palm Beach County. This resolution delegates authority to the County Administrator or designee to enter into standardized agreements with municipalities and other independent contractors to provide swimming lessons for a term not to exceed three years.  Each swim class must consist of at least three hours of lessons, and providers are reimbursed their usual and customary fee per swim class up to $60. Countywide (RM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

            AA.      PALM TRAN

 

                        1.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida (BCC), approving Amendment 1 to the Public Transportation Grant Agreement (PTGA) (FM no. 407184-3-84-1) with the State of Florida Department of Transportation (FDOT); for a grant amount of $353,821, which requires a local match of $353,821; increasing the amount of the original agreement by $707,642, bringing the revised total cost of the project to $1,415,284; providing funding assistance to offset the operating costs of providing public transit service in the non-urbanized areas of Palm Beach County;

 

B) approve a budget transfer of $353,821 in Palm Tran’s Grant Fund 1340 to reconcile the budget to the actual grant award; and 

 

C) approve a budget transfer of $353,821 in the General Fund 0001 to recognize the decrease in transfer to Palm Tran Operating Fund 1340 and increase the Contingency Reserve.

 

SUMMARY:  On May 18, 2021, the BCC approved the original agreement FM no. 407184-3-84-1 (R2021-0717) in the amount of $707,642; that provided $353,821 in Fiscal Year 2021. FDOT has issued an amendment to provide Palm Beach County its annual allocation of the Rural Grant Program.  Palm Tran will utilize the funds exclusively for operational expenses for the Go Glades Service in the Glades Lake Region. This FY2022 PTGA Amendment in the amount of $707,642, will provide operating funding in the amount of $353,821, which requires a match of $353,821. The amended total amount of the agreement is $1,415,284. The match is included in Palm Tran’s FY2022 budget. The PTGA will become effective upon FDOT execution and has an expiration date of June 30, 2024. The grant agreement that was approved on May 18, 2021 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. Countywide (MM)    

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

            CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a contract amendment between the Palm Beach County Sheriff’s Office and the University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management to provide $20,557.77 in supplemental funding; and

 

B) approve a budget amendment of $20,558 in the Sheriff’s Grants Fund.

 

SUMMARY: The Board of County Commissioners accepted this grant award for $81,460.61 on September 14, 2021 (R2021-1298). This contract amendment will provide $20,557.77 in supplemental funding, to support the Florida Department of Transportation’s Bicycle Pedestrian Focused Initiative. These funds will be used to pay for overtime costs associated with the High Visibility Enforcement project. There is no match requirement associated with this award. The Catalog of Federal Domestic Assistance number is 20.205, the project number is 433144-1-8404, and the FDOT Contract number is G1X15. Countywide (LDC)

 

2.         Staff recommends motion to receive and file: a Modification #3 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 (BCC) accepted this grant for $461,000 on December 17, 2019 (R2019-1941). On April 6, 2021, the BCC approved an extension through September 30, 2021 (R2021-0452).  On October 19, 2021, the BCC approved an extension through March 31, 2022 (R2021-1565). This agenda item will extend the grant period through September 30, 2022. The Catalog of Federal Domestic Assistance Number for this program is 97.067 and the contract number is R0096. Countywide (LDC)

 

3.         Staff recommends motion to approve: a budget amendment of $1,326,848 in the General Fund for FY 2022 law enforcement services provided by the Palm Beach County Sheriff’s Office to the School Board of Palm Beach County through contractual agreement for the period of April 4, 2022 through September 30, 2022. SUMMARY: The budget amendment is requested to provide law enforcement services as prescribed within the Contractual Agreement between the Palm Beach County Sheriff's Office and the School Board of Palm Beach County. The services of 20 Deputy Sheriffs and 2 Sergeants shall be provided on a daily basis on days designated by the School Board. Countywide (LDC)

 

 

 

 

MAY 3, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

4.         Staff recommends motion to receive and file: a Modification #1 to Subgrant Agreement between the State of Florida Division of Emergency Management and the Palm Beach County Sheriff’s Office, to extend the grant period from March 31, 2022 through September 30, 2022, for enhanced cooperation and coordination among local, tribal, territorial, State, and Federal law enforcement agencies. SUMMARY: The Board of County Commissioners accepted this grant for $352,440 on March 9, 2021 (R2021-0376).  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 R0235. Countywide (LDC)

 

 

DD.     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 Match Point, Inc., for the promotion of the Delray Beach Open by Vitacost.com, which was held February 11 – 20, 2022. The Tourist Development Council approved this grant of $25,000 on October 6, 2021. The term of this agreement is August 11, 2021 – May 20, 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 976 room nights and also funded an event which promoted sports tourism in Palm Beach County. District 7 (YH)

 

 

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


MAY 3, 2022

 

 

4.         SPECIAL PRESENTATIONS – 9:30 A.M.

 

            A)        Proclamation declaring May 2022 as Palm Beach County Arts & Culture Month in Palm Beach County (District 2)

 

B)        Proclamation declaring May 1-7, 2022 as National Correctional Officers and Employees Week in Palm Beach County (District 3)

 

C)        Proclamation declaring May 14, 2022 as National Association of Letter Carriers’ Stamp Out Hunger Food Drive Day in Palm Beach County (District 2)

 

D)        Proclamation declaring May 15, 2022 as Peace Officers Memorial Day in Palm Beach County (District 3)

 

E)        Proclamation declaring May 1-7, 2022 as National Travel and Tourism Week in Palm Beach County (District 5)

 

F)        Proclamation recognizing May 1-7, 2022 as Palm Beach County Small Business Week in Palm Beach County (District 1)

 

G)        Proclamation declaring May 15-21, 2022 as Water Reuse Week in Palm Beach County (District 5)

 

H)        Proclamation declaring May 6-12, 2022 as National Nurses Week in Palm Beach County (District 6)

 

I)          Proclamation declaring May 2022 as Building Safety Month in Palm Beach County (District 4)

 

J)         Proclamation declaring May 6-12, 2022 as Hidden Heroes Month in Palm Beach County (District 6)

 

K)        Proclamation declaring May 15-21, 2022 as Emergency Medical Services Week in Palm Beach County (District 4)

 

L)        Proclamation declaring May 25, 2022 as Kelley Dunn Day in Palm Beach County (District 6)

 

M)        Proclamation declaring May 2022 as National Water Safety Month in Palm Beach County (District 7)

 

N)        Proclamation Honoring Retiring Tourist Development Council Director Glenn Jergensen (District 5)

 

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


MAY 3, 2022

 

 

5.         REGULAR AGENDA

 

A.        CLERK OF THE CIRCUIT COURT & COMPTROLLER

 

1.         Staff recommends motion to receive and file: Presentation of the Palm Beach County Annual Comprehensive Financial Report (ACFR) for fiscal year ending September 30, 2021. SUMMARY: The Clerk of the Circuit Court & Comptroller’s office will provide a year-end financial review based on the Palm Beach County ACFR for fiscal year ending September 30, 2021. (Time: 30 min.) Countywide (LDC)

 

 

B.        COUNTY ATTORNEY

 

1.         Staff recommends motion to adopt: a resolution calling for a referendum to be held on November 8, 2022 for the purpose of submitting to the duly qualified electors of Palm Beach County, Florida a question regarding the School Board of Palm Beach County, Florida’s authority to levy 1.00 mills for operational needs of Palm Beach County public schools for the next four fiscal years beginning July 1, 2023 and ending June 30, 2027; providing for notice of election; providing for an official ballot; providing for absentee voting and early voting; providing for referendum results; providing for severability and providing an effective date. SUMMARY: On March 23, 2022, the School Board of Palm Beach County (School Board) adopted a resolution directing the Board of County Commissioners (BCC) to call an election for voters to decide if the School Board shall have the authority to levy 1.00 mills of ad valorem millage for operational needs of Palm Beach County public schools from July 1, 2023 to June 30, 2027.  The ballots to be used in the referendum election shall contain the following statement: “Shall the Palm Beach County School Board have continued authority to levy 1.00 mills of ad valorem millage for operational needs of public schools dedicated to funding school safety; school police; mental health services; arts, music, physical education, career and choice program teachers; and improved teacher pay beginning July 1, 2023 and automatically ending June 30, 2027, with oversight of all funds by an independent committee of citizens and experts?” The BCC’s adoption of this resolution is in its ministerial capacity under Section 1011.73(2), and is statutorily required for the referendum to be held. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

5.         REGULAR AGENDA

 

            C.        AIRPORTS

 

1.         Staff recommends motion to approve:

 

A) Amendment No. 3 to the Construction Manager (CM) at Risk Contract (Contract) with Lebolo Construction Management, Inc. (LCM) for CM at Risk Services for Miscellaneous Airport Improvements for Palm Beach County Department of Airports (Department) in the amount of $1,518,790.48 and 290 calendar days for Work Order SL 04: Federal Inspection Services (FIS) & Building 846 Storm Resiliency Modifications Package 2 at Palm Beach International Airport (PBI); and

 

B) a budget transfer of $518,791 in the Airport’s Improvement and Development Fund to provide budget for the project; including a transfer from Reserves in the amount of $518,791.

 

SUMMARY: The CM at Risk Contract with LCM was approved by the Board on August 20, 2019 (R2019-1222).  The Contract is for two years with three, one-year renewal options for CM at Risk Services for Airport Improvements for the Department.  LCM is a Boynton Beach, Florida, based firm. The County has exercised the first one-year renewal option. The Contract value to date is $1,003,615.62.  Approval of Amendment No. 3 in the amount of $1,518,790.48 and 290 calendar days will enable LCM to complete Work Order SL 04: FIS & Building 846 Storm Resiliency Modifications Package 2 at PBI.  The Department of Airports Administration and Communications Facility (Building 846) is home for essential personnel who remain on Airport property during hurricanes and other emergency events. This project will provide protection to roof top mounted equipment from impact of wind-borne debris and will replace existing HVAC equipment that is nearing its end of service life with new HVAC equipment as well as provide related structural supports for the new HVAC equipment. The project was presented to the Goal Setting Committee on September 9, 2020 and an Affirmative Procurement Initiative of SBE Subcontracting (Minimum of 20%) of which a MBE Segmented Subcontracting Goal of 5% MBEs composed of African American (AA) firms and Hispanic American (HA) firms was applied. The S/MBE subcontracting participation on this work order is 60.6% with 46.8% participation by HA/AA firms. Current cumulative subcontractor S/M/WBE participation for all work orders to-date under this contract including this amendment is 69.6%.  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)

 

 

 

 

MAY 3, 2022

 

 

5.         REGULAR AGENDA

 

            D.        OFFICE OF RESILIENCE

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, supporting the expansion of roadways designated as Alternative Fuels Corridors (AFCs) by the Federal Highway Administration (FWHA) in Palm Beach County. SUMMARY: The South Florida Clean Cities Coalition is submitting a request to the Florida Department of Transportation (FDOT) that FDOT’s next application to FWHA for designation of AFCs in Florida include certain roads running through Southeast Florida, including U.S. Routes 1, 27, and 441, which run through Palm Beach County. AFCs and pending AFCs are required to have alternative fuel sources, which can include electric vehicle chargers, available at certain minimum distances along the roadway. Certain types of projects located along AFCs are eligible for specific grant funding established under the Federal Bipartisan Infrastructure Law. Several roadways in the County are already designated as AFCs or pending AFCs, including Interstate 95, Florida’s Turnpike, and State Road A1A, and the designation implies no obligation to the County. Countywide (RM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

5.         REGULAR AGENDA

 

E.        FACILITIES DEVELOPMENT AND OPERATIONS

 

1.         Staff recommends motion to:

 

            A) approve a Memorandum of Understanding (MOU) between the County and the University of Florida (University) regarding the understandings and responsibilities involved with the County’s use and sublease of state-owned real property located at 571 N. Military Trail in West Palm Beach (Property); and

 

            B) authorize Director of Facilities Development & Operations (FDO) to execute the sublease for the Property with University and the State of Florida Department of Environmental Protection, Division of State Lands (State).

 

            SUMMARY:  The state-owned real property is approximately two acres and sits adjacent to an approximately two-acre parcel of County-owned land. This four-acre parcel of land contains a building on it commonly known as the Department of Highway Safety and Motor Vehicles (DMV) Building. The DMV office was closed in 2015 and the State no longer uses the property in any capacity.  The state-owned real property is also immediately adjacent to the Mounts Botanical Garden (Mounts).  The University is entering into a 50-year lease agreement (Lease Number 4564) with the State for this state-owned real property. The County and University, through its Institute of Food and Agricultural Sciences, have historically partnered at Mounts through the Palm Beach County Cooperative Service (Cooperative) to provide mutually beneficial educational, agricultural and community services to County residents engaged in agriculture, horticulture, human sciences, and youth development. A sublease of this state-owned land provides the County with an opportunity to further the mission as well as the educational and programmatic goals of the Palm Beach County Cooperative Service and Mounts. It also provides an opportunity to fulfill a long term goal of the Cooperative to construct a Horticulture Education and Welcome Center on a part of, or adjacent to, this state-owned property, which would support Science, Technology, Engineering and Mathematics (STEM) educational missions that benefit schoolchildren, the general public, and other entities such as ornamental horticulture agencies, commercial nurseries, residential landscaping businesses, and fertilizer/pest-control applicators that need to earn state-required licenses/certificates.  As part of the State’s application requirement for the County to pursue a 50-year sublease on the state-owned Property, the Board of County Commissioners adopted a resolution on December 7, 2021 (R2021-1788) formally requesting a sublease to the Property. The University now requires that County execute this MOU before it will provide the County with a “Letter of Sublease Support,” which County needs to complete the State’s application to pursue the 50-year sublease of this Property. The MOU sets forth that the County will have the use of Property as part of the expansion of Mounts and that County will be responsible for all costs associated with the Property.  It also attaches the State’s form sublease with County’s proposed changes to non-standard County provisions. The MOU will terminate if University fails to either obtain the master lease with the State or fails to enter into the Sublease with County, or County fails to enter into the sublease with University and the State.  Staff now seeks approval of this MOU and authorization for the FDO Director, upon County Attorney review and approval, to execute the sublease with University and the State. There is no cost to the County in entering into this MOU with University nor to submitting an application to the State requesting the proposed sublease. Upon subleasing the property, it is envisioned that County shall pay to State an annual $300 administrative fee pursuant to section 18-2,020(8), Florida Administrative Code, and staff estimates that approximately $5,000 in ongoing annual maintenance costs will be incurred until a determination is made on the expansion of the educational and programmatic goals and required capital improvements. (FDO Admin) Countywide/District 7 (MWJ)

 

MAY 3, 2022

 

 

5.         REGULAR AGENDA

 

            F.         COMMISSION ON ETHICS

 

                        1.         Staff recommends a motion to approve on preliminary reading and advertise for public hearing on May 17, 2022 at 9:30a.m.:  an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 2, Article V, Division 8, “The Palm Beach County Commission on Ethics Ordinance” as amended; amending sec. 2-255 (membership, qualifications, terms, vacancies) 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: The Board of County Commissioners adopted the Palm Beach County Commission on Ethics Ordinance as a countywide Ordinance in May of 2011, in accordance with the County Charter. The Charter amendments, which were approved by the voters in November 2010, also called for the establishment of a review committee to review and recommend proposed changes to the Commission on Ethics Ordinance.  This amendment was proposed by the Commission on Ethics and was recommended for approval by the ordinance review committee.  This amendment would replace the  president  of  the  Palm  Beach  Chapter  of  the  Florida  Institute  of CPAs with the president of the Palm Beach Chapter of the Association of Certified Fraud Examiners and the president of the Palm Beach Chapter of the Florida Government Finance Officers Association serving as the appointing entities on a rotating basis. The president of the Palm Beach Chapter of the Association of Certified Fraud Examiners shall make the initial appointment as listed in sec. 2‑255(a)(4). Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY 3, 2022

 

 

5.         REGULAR AGENDA

 

G.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: Subrecipient Agreement with United Way of Palm Beach County, Inc. (UWPBC), for the period April 1, 2022 through September 30, 2026, in an amount not-to-exceed $4,529,858 under the American Rescue Plan Act (ARPA) federal funding categorized in the county as Revenue Replacement, to provide funding assistance for the expansion of hunger relief system in order to increase food bank storage and food processing capacity. SUMMARY: UWPBC will provide Hunger Relief services to residents of Palm Beach County. UWPBC will use ARPA Revenue Replacement funding for Task I and Task II of the capacity-building project. Task I will increase food bank capacity with expansion and enhancements to the current food distribution programs. UWPBC issued a Letter of Interest for potential operators and is currently negotiating with the Palm Beach County Food Bank to operate a commercial kitchen and food processing facility.  The operator will secure additional warehouse space to expand food bank storage capacity as well. The additional warehouse space will have an enhanced volunteer center and space for additional programs such as senior food programs. Office space will be used to house wraparound programs. Lower cost office space will be available for rent by other community partners and small community non-profits. The renting of office space will provide an income stream. Additional equipment, such as forklifts, pallet jacks, and scales will be purchased to ensure that the facility is fully functional. UWPBC will also provide $4,000,000 as a financial support through the MacKenzie Scott Strategic Plan for Task II and other strategies listed in the Hunger Strategic plan for capacity-building projects. The capacity expansion and enhancements will include space to process fresh produce through freezing, drying or other means as appropriate, an area for food preparation, and a commercial teaching kitchen to be used as a space for job training programming, nutrition education classes, and fundraising events with local chefs. Building partnerships with local small business owners and entrepreneurs that own and operate food-related cottage industry businesses who are in need of kitchen space. These businesses could potentially rent the kitchen when not in use, which would benefit small businesses by providing a lower cost space to grow their business and provide an additional income stream. Treasury guidelines allows recipients to transfer funds to subrecipients in several ways, including advance payments. As such, this agreement includes a one-time advance payment for start-up costs in the amount of $1,000,000. No County match is required. (Administration) Countywide (HH)

 

 

 

 

 

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MAY 3, 2022

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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MAY 3, 2022

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

1.         Staff recommends motion to receive and file: the updated Board Directive Reports which include in process and completed board directive items. SUMMARY: At the February 6, 2018 Board of County Commissioners Meeting, direction was given to the County Administrator to submit monthly a status report of the board directives. The report categorizes: 1) In Process Items and 2) Completed Items.  The report continues to be updated on an on-going basis. Countywide (LDC)

 

 

 

 

 

 B.       COUNTY ATTORNEY

 

 

 


MAY 3, 2022

 

 

8.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER MARIA G. MARINO

 

            Request for off-site Proclamation declaring May 5, 2022 as National Day of Prayer in Palm Beach County

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

           

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

District 5 - COMMISSIONER MARIA SACHS

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

            Request for off-site Proclamation declaring May 2022 as Asian American and Pacific Islander Heritage Month in Palm Beach County

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 


MAY 3, 2022

 

 

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

 

 

 

 

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MAY 3, 2022

 

 

10.       ADJOURNMENT

 

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