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 (*).
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
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
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
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
A. COMMISSION
DISTRICT APPOINTMENTS
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MAY 3, 2022
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
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."