May 17, 2022
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MAY 17, 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 17, 2022
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT AGENDA (Pages 7-30)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 31-34)
5. REGULAR AGENDA (Pages 35-44)
6. BOARD APPOINTMENTS (Page 45)
7. STAFF
COMMENTS (Page 46)
8. BCC
COMMENTS (Page 47)
9. ADJOURNMENT (Page 48)
* * * * * * * * * * *
MAY 17, 2022
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Contracts
with four companies for professional services
Page 8
3C-2 Consultant
Services Authorization to contract with Baxter & Woodman, Inc. for the Sims
Road from Lakes of Delray Boulevard to Atlantic Avenue project
3C-3 Consultant
Services Authorization to contract with Baxter & Woodman, Inc. for the
Haverhill Road from Hypoluxo Road to Lantana Road project
D. COUNTY ATTORNEY
Page 9
3D-1 Settlement
agreement with Luis Hernandez
E. COMMUNITY SERVICES
Page 9
3E-1 Receive and file Florida Department of
Health Insurance Portability Accountability Act Attestation form
Page 10
3E-2 Receive and file notice of grant award/fund
availability from the State of Florida, Department of Economic Opportunity for
the Low Income Home Energy Assistance Program
Page 11
3E-3 Appointments to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency Council
F. AIRPORTS
Page 12
3F-1 Receive
and file amendment to grant agreement with the Florida Department of
Transportation for the Perimeter Fence Improvements at Palm Beach County Park
Airport project
MAY 17, 2022
TABLE OF CONTENTS
CONSENT AGENDA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 12
3G-1 Receive
and file annual report for the fiscal year ending September 30, 2021 from the
West Palm Beach Community Redevelopment Agency
3G-2 Receive and file the quarter ending March 31,
2022 information for the Children’s Services Council of Palm Beach County
3G-3 Receive
and file annual report for the fiscal year ending September 30, 2021 from the
Riviera Beach Community Redevelopment Agency
Page 13
3G-4 Settlement offer for full satisfaction of
code enforcement lien against Richard Brophy and
Sandra Brophy
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 Receive and file
standard license agreements with agencies for COVID-19 testing
Page 15
3H-2 Agreement with
the South Florida Water Management District to provide potable water access
from John Stretch Memorial Park to the adjacent S-3 Pump Station
Page 16
3H-3 Consultant
Services Authorization to contract with Architecture Green LLC for the Village
of Windsor Park Phase 1 project
Page 17
3H-4 Supplement to Consultant Services
Authorization to contract with Colome &
Associates, Inc. for the Palm Beach County West County Administration South
Wing Building Renovations project
Page 18
3H-5 Contracts with
two firms for architectural services
Page 19
3H-6 Amendment to contract with Jacobs Project
Management Co. for the General Government Capital Program
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 20
3I-1 Certification
by State or Local Official of the PHA Plans Consistency with the Consolidated
Plan or State Consolidated Plan for the Pahokee Housing Authority
3I-2 Subordination
agreement with various lenders and SREIT San Marco Villas L.L.C. for San Marco
II
MAY 17, 2022
TABLE OF CONTENTS
CONSENT AGENDA
J. PLANNING, ZONING AND
BUILDING
Page 21
3J-1 Authorizing
for the County Administrator or designee to work with Florida Atlantic
University to prepare a Federal Emergency Management and Florida Department of
Emergency Management Hazard Mitigation Grant Program
K. WATER UTILITIES
Page 22
3K-1 Work authorization to contract with
Hinterland Group Inc. for the Finfrock Lift Station
and Force Main Rehabilitation project
3K-2 Indemnity
agreement with Soma Investors, LLC for connection to the County’s wastewater
collection system
Page 23
3K-3 Consultant
Services Authorization to contract with Holtz Consulting Engineers, Inc. for
the Palmetto Park Road Force Main Replacement project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 24
3L-1 Contract with Inwater Research Group for sea turtle monitoring
M. PARKS & RECREATION
Page 25
3M-1 Agreement with the YMCA of South Palm Beach
County and Faith’s Place Center for Arts Education, Inc. for coordination of
summer camp
U.
INFORMATION SYSTEMS SERVICES
Page 26
3U-1 Rescind and replace interlocal
agreement for network services with the Town of Palm Beach
3U-2 Receive and file task order to contract with Woolpert, Inc. for the 2022 Palm Beach County Coastal Orthophotography Project
BB. YOUTH SERVICES
Page 27
3BB-1 Receive and file four contracts for professional services for
doctoral psychology interns
Page 28
3BB-2 Contract with Prime Time Palm Beach County, Inc. for summer camps
for low income children
3BB-3 Contract with Youth Speak Out International Inc. for the Today’s
Digital Citizens Program
Page 29
3BB-4 Contract with Ascension 33, Inc. for the FIT Hub Program
3BB-5 Contract with Digital Vibez, Inc. for the
Wellness Workshops and Family Fitness Events
MAY 17, 2022
TABLE OF CONTENTS
CONSENT AGENDA
CC. SHERIFF
Page 30
3CC-1 Budget transfer from the Law Enforcement Trust Fund for crime
prevention activities
DD. TOURIST DEVELOPMENT
COUNCIL
Page 30
3DD-1 Receive and file grant agreement with the
Children’s Healthcare Charity, Inc. for the promotion of the Honda Classic
PUBLIC HEARINGS – 9:30 A.M.
A. ENGINEERING
& PUBLIC WORKS
Page 31
4A-1 Resolution abandoning public interest in
utility easement at Johnathan’s Landing P.U.D.
4A-2 Resolution abandoning public interest in
utility easement lying in Lot 64 Allegro Replat
Page 32
4A-3 Resolution abandoning public interest in
drainage easement for Prosperity Village Development, LLC
B. HOUSING AND ECONOMIC DEVELOPMENT
Page 33
4B-1 Application to issue revenue refunding bonds
for Oxbridge Academy Foundation, Inc.
C. COMMISSION ON
ETHICS
Page 34
4C-1 Ordinance amending the Palm Beach County Commission
on Ethics Ordinance
MAY 17, 2022
TABLE OF CONTENTS
REGULAR AGENDA
A. ADMINISTRATION
Page 35
5A-1 Resolution commemorating the 30th
anniversary of the opening of the Clarence E. Anthony Branch library
B. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 35
5B-1 Updated management plan for Hungryland Slough Natural Area
C. FACILITIES DEVELOPMENT AND OPERATIONS
Pages 36-37
5C-1 Resolution authorizing conveyance of County
interest in surplus properties to four cities
Pages 38-40
5C-2 Developer Agreement with Jupiter Stadium,
Ltd. for the renovation of the Roger Dean Chevrolet Stadium
D. PARKS & RECREATION
Page 41
5D-1 Ordinance
amending the Palm Beach County Code pertaining to Parks and Recreation
E. HOUSING AND ECONOMIC DEVELOPMENT
Page 42
5E-1 Resolution approving issuance of multifamily
housing revenue bonds for the Island Cove Apartments
Page 43
5E-2 Resolution authorizing issuance of revenue
bonds for the Jupiter Medical Center project
F. ENGINEERING & PUBLIC WORKS
Page 44
5F-1 Budget
documents for repairs to the George Bush Boulevard Bascule Bridge
BOARD
APPOINTMENTS (Page 45)
STAFF COMMENTS (Page 46)
COMMISSIONER COMMENTS (Page 47)
ADJOURNMENT (Page 48)
MAY 17, 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) an Annual Civil Engineering professional
services contract with Civil
Design, Inc. (CDI);
B) an Annual Civil Engineering professional
services contract with Keith
and Associates, Inc. (KAI);
C) an Annual Civil Engineering professional services
contract with Masse Consulting
Services, LLC (MCS); and
D) an Annual Civil Engineering professional
services contract with Mock Roos & Associates, Inc. (MRA).
SUMMARY: Approval of these contracts will provide the civil engineering professional services necessary throughout Palm Beach County on a consultant services authorization basis. The contract period for these contracts is 36 months from the date of approval by the Board of County Commissioners (BCC). The Affirmative Procurement Initiatives selected for these contracts on June 16, 2021 by the Goal Setting Committee are a 20% Small Business Enterprise (SBE) participation and a Minority Business Enterprise evaluation preference for African American owned firms. CDI agreed to 75% SBE participation, KAI agreed to 51% SBE participation, MCS agreed to 87% SBE participation and MRA agreed to 27% SBE participation for their respective contracts. On February 3, 2022, the Consultant’s Competitive Negotiations Act Selection Committee selected CDI, KAI, MCS and MRA and, in accordance with PPM No. CW-O-048, the BCC was notified of the selection on February 4, 2022. CDI, KAI, MCS and MRA have offices located in Palm Beach County and CDI and MCS are certified SBE companies. Countywide (YBH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS
(Cont’d)
2. Staff recommends motion to approve: a Consultant Service Authorization (CSA) to the Annual Civil Engineering Professional Services Contract (R2019-0714) dated June 4, 2019 (Contract) with Baxter & Woodman, Inc. (B&W) in the amount of $452,780.77 for Sims Road from Lakes of Delray Boulevard to Atlantic Avenue (Project). SUMMARY: Approval of this CSA will provide the professional services necessary to design the roadway extension and a new bridge for the Project. While the right-of-way exists for Sims Road from Lakes of Delray Boulevard north to Atlantic Avenue, the roadway is not constructed to Palm Beach County (County) standards within this segment and there is no crossing currently at the Lake Worth Drainage District L-34 Canal so a new bridge is being included in this construction. The Affirmative Procurement Initiative selected for this Contract on November 6, 2019 by the Goal Setting Committee is a 20% minimum mandatory Small Business Enterprise (SBE) participation. B&W agreed to 20% SBE participation for the Contract. B&W agreed to 47.54% SBE participation for this CSA. The cumulative SBE participation to date for the Contract including this CSA is 31.80%. B&W has an office located in Palm Beach County. This Project is included in the Five-Year Road Program. District 5 (YBH)
3. Staff recommends motion to approve: a Consultant Service Authorization (CSA) to the Annual Civil Engineering Professional Services Contract (R2019-0714) dated June 4, 2019 (Contract) with Baxter & Woodman, Inc. (B&W) in the amount of $609,807.90 for Haverhill Road from Hypoluxo Road to Lantana Road (Project). SUMMARY: Approval of this CSA will provide the professional services necessary for the preparation of design plans and construction bid documents to widen the roadway from a 2-lane divided roadway to a 4-lane divided roadway. The Affirmative Procurement Initiative selected for this Contract on November 6, 2019 by the Goal Setting Committee is a 20% minimum mandatory Small Business Enterprise (SBE) participation. B&W agreed to 20% SBE participation for the Contract. B&W agreed to 42.81% SBE participation for this CSA. The cumulative SBE participation to date for the Contract including this CSA is 35.64%. B&W has an office located in Palm Beach County. This Project is included in the Five-Year Road Program. Districts 2 & 3 (YBH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
D. COUNTY ATTORNEY
1. Staff recommends
motion to approve: a Settlement Agreement,
inclusive of attorney’s fees and costs, in the total amount of $75,000 in the
personal injury action styled Luis Hernandez v. Palm Beach County, Case No. 50-2020-CA-007713
(AJ). SUMMARY: This is a personal injury lawsuit
arising from a trip and fall in Boca Raton. Fire Rescue was responding to
a residential fire at 20866 Vinesta Circle. While
Engine 51 was laying the water supply line, the hose became taut, and swept the
Plaintiff, standing directly alongside the roadway, off his feet, causing him
to fall to the ground breaking his shoulder. Plaintiff was
taken by ambulance to West Boca Medical Center where he was diagnosed
with a right shoulder fracture, which required immediate shoulder replacement
(reverse arthroplasty) surgery. Thereafter, Plaintiff treated with a physical
therapist for one year and reached maximum medical improvement with a five
percent impairment as a whole. Countywide (JG)
E. COMMUNITY SERVICES
1. Staff
recommends motion to receive and file:
A) the Florida
Department of Health (FDOH) Health Insurance Portability Accountability Act
(HIPAA) Attestation form; and
B) the FDOH
Independent Capacity Attestation form.
SUMMARY: On January 31, 2022, the Community Services Department (CSD) received a
desk administrative notification letter from FDOH initiating a standard desk
review. A review for compliance with administrative policies and procedures is
required of all FDOH contractors. As part of the desk review process, FDOH also
required signatures on the above listed forms for the Palm Beach County’s
Housing Opportunities for People with AIDS (HOPWA) program. Staff has provided
to FDOH the requested documents along with the completed forms to demonstrate
compliance. The Ryan White Program was selected as a grant
recipient project sponsor from both the City of West Palm Beach and the FDOH
HOPWA program for an amount totaling $2,340,000. The funding provides
supportive and housing services to prevent homelessness for people living with
HIV in Palm Beach County. On October 20, 2020, the Board of County
Commissioners authorized the County Administrator or designee to execute
documents for this purpose. In accordance with County PPM CW-O-051, all
delegated contracts, agreements and grants must be submitted by initiating
department as a receive and file. (Ryan
White Program) Countywide (HH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to:
A) receive and file a Notice of Grant Award/Fund Availability (NFA) modifications from the State of Florida, Department of Economic Opportunity (FDEO), for the Low Income Home Energy Assistance Program (LIHEAP):
1. NFA No. 039822 (Federal Award Identification Number (FAIN) G-2002FLLIEA, Catalog of Federal Domestic Assistance (CFDA) 93.568), to extend the end date from March 31, 2022 to May 31, 2022 with no increase in funding, for the amount of $4,578,218.81;
2. NFA No. 040037 (FAIN 2102FLE5C6, CFDA 93.568), to increase funding by $2,222,987 for a new not-to-exceed amount of $4,273,460, for the program period March 11, 2021 through September 30, 2022; and
B) approve an upward budget amendment in the amount of $2,222,987 to align the budget to the actual grant award in the LIHEAP fund
SUMMARY: On June 15, 2021, the Board of County Commissioners (BCC) ratified the Mayor’s signature on the Federally Funded Subgrant Umbrella Agreement #E2016 (R2021-0783) with the FDEO, for the period October 1, 2020 through September 30, 2023, for the LIHEAP program. Under the terms of the new umbrella agreement, FDEO will issue an NFA for each program award, and issue amendments to NFA’s for any changes. NFA 039822 was issued to extend the program end date with no increase in funding. NFA 040037 was issued to increase funding by $2,222,987 due to additional American Rescue Plan Act funding. Electric bill assistance will be provided to approximately 13,250 low-income individuals and 5,300 families. In Federal Fiscal Year 2021, 3,414 households obtained electric bill assistance and 4,704 households received emergency utility assistance and as a result, either prevented disconnection or restored services. No County match is required. (Community Action Program) Countywide (HH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff
recommends motion to approve: the reappointments
of four current members and the appointments of two new members to the Palm
Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council,
effective May 17, 2022:
|
Seat No. 8 13 15 26 Seat No. |
Reappointment Eileen Perry Miguel Vazquez Tyrina Pinkney Richardo Jackson Appointment |
Recommended By HIV CARE Council HIV CARE Council HIV CARE Council HIV CARE Council Recommended By |
Term Expires 05/16/25 05/16/25 05/16/25 05/16/25 Term Expires |
|
9 20 |
Angelie Diya Alejandro Velez |
HIV CARE Council HIV CARE Council |
12/14/23 05/16/25 |
SUMMARY: The Palm
Beach County HIV CARE Council (HIV CARE Council) nomination process is an open
process with publicized criteria and legislatively defined conflict of interest
standards. Per Resolution No. R2018-0015, the total membership for the HIV CARE
Council shall be no more than 33 at-large members. All nominees have
successfully completed the HIV CARE Council’s nomination process and the HIV
CARE Council recommends the appointments. Ms. Diya will complete the unexpired
term of Mr. Christopher Bish. Ms. Pinkney has
disclosed that she is employed with The Lord’s Place,
Inc.; this agency contracts with the County for services. The HIV CARE Council
provides no regulation, oversight, management, or policy setting
recommendations regarding the subject contract or transactions. Disclosure of
this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of
Section 2-443, of the Palm Beach County Code of Ethics. The diversity count for
the 17 seats that are currently filled is African-American: 6
(35%), Caucasian: 6 (35%), Hispanic-American: 4 (24%) and Asian-American: 1
(6%). The gender ratio (female: male) is 10:7. Ms. Perry is Caucasian. Mr.
Vazquez, Mr. Velez and Ms. Diya are Hispanic-American. Ms. Pinkney and Mr.
Jackson are African-American. Staff conducts targeted outreach in an effort to
proffer candidates for appointments that maintain a diverse composition of the
board. (Ryan White Program) Countywide
(HH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff
recommends motion to receive and file: an amendment to the Public
Transportation Grant Agreement (PTGA) with the Florida Department of
Transportation (FDOT) for a time extension of the Perimeter Fence Improvements
at Palm Beach County Park Airport (LNA), Financial Management Number 436398-1
approved by the Board January 15, 2019 (R2019-0046 and R2019-0047), until
September 30, 2022. Delegation
of authority for execution of the above amendment for extension of the PTGA was
approved by the Board on August 25, 2020 (R2020-1017). SUMMARY: This project will provide for the replacement of the existing fence at
LNA to meet current standards for Palm Beach County airports. The project
consists of demolition of the existing perimeter fence, clearing and grubbing,
tree removal, installation of new security fence, installation of new manual
and electric gates (vehicle and pedestrian) with card access readers, and
installation of security cameras at LNA. The amendment for a time extension of
the PTGA extends the availability of grant funding to allow for the
continuation of project activities at said airport. 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 West Palm Beach Community
Redevelopment Agency (CRA). SUMMARY: The West Palm Beach CRA has
submitted its Annual Report for the Fiscal Year ending September 30, 2021 as
per Sections 163.356(3)(d) and 163.387(8), Florida
Statutes. Countywide (DB)
2. Staff recommends
motion to receive and file: the Quarter Ending 3-31-2022 information for Children’s Services Council
of Palm Beach County (CSCPBC). SUMMARY:
The CSCPBC has submitted their Quarter Ending 3-31-2022
information as per Section 125.901(3)(f), Florida
Statutes. Countywide (DB)
3. 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)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
4. Staff recommends
motion to approve:
a negotiated settlement offer in the amount of
$9,634 for the full satisfaction of a code enforcement lien that was entered
against Richard Brophy and Sandra Brophy
on February 1, 2017. SUMMARY: The Code Enforcement Special Magistrate
(CESM) entered an order on September 7, 2016 for the property owned by Richard Brophy and Sandra Brophy
providing them until December 6, 2016 to bring their property located at 17371
W. Sycamore Dr., Loxahatchee, FL into full compliance. The property had been cited for: 1) expired permits; 2) construction work
without obtaining inspections; and 3) erecting/installing shed without first
obtaining required building permits. 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 Richard Brophy and Sandra Brophy
on February 1, 2017. The Code Enforcement Division issued an Affidavit of
Compliance for the property on November 21, 2019 stating that the cited code
violations had been fully corrected as of November 19,
2019. The total accrued lien amount through March 14, 2022, the date on which
settlement discussions began, totaled $64,228.43. Richard Brophy
has agreed to pay Palm Beach County $9,634 (15%) for full settlement of their
outstanding Code Enforcement lien. District 6 (SF)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file:
A) Standard License Agreement for Use of County-Owned Property for the
period of August 6, 2021 through March 16, 2022 with CDR Health Care, Inc.
(Mid-County Senior Center ) for COVID-19 testing;
B) Standard License Agreement for Use of County-Owned Property for the
period of August 18, 2021 through March
24, 2022 with CDR Health Care, Inc. (Westgate Recreation Center ) for
COVID-19 monoclonal treatment;
C) Standard License Agreement for Use of County-Owned Property for the
period of August 13, 2021 through March
16, 2022 with CDR Health Care, Inc. (South County Civic Center) for
COVID-19 testing;
D) Standard License Agreement for Use of County-Owned Property for the
period of August 13, 2021 through March 16, 2022 with CDR Health Care, Inc.
(Palm Beach Gardens Library Branch) for COVID-19 testing;
E) Standard License Agreement for Use of County-Owned Property for the
period of December 28, 2021 through March 16 2022 with CDR Health Care, Inc. (Caloosa Park) for COVID-19 testing;
F) Standard License Agreement for Use of County-Owned Property for the
period of November 9, 2021 through March
16, 2022 with CDR Health Care, Inc. (West County Clinic) for COVID-19
testing;
G) Standard License Agreement for Use of County-Owned Property for the
period of January 3, 2022 through January 31, 2022 with Garner Environmental
Services (West Boynton Park and Recreation Center) for COVID-19 monoclonal
treatment; and
H) Standard License Agreement for Use of County-Owned Property for the
period of January 18, 2022 through April 18, 2022 with United Way of Palm Beach
County Inc., for tax preparation services at the Jupiter Community Action
Program Office.
SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts,
agreements and grants must be submitted by the initiating Department as a
receive and file agenda item. The Standard Agreements have
been fully executed on behalf of the Board of County Commissioners
(Board) by the County Administrator or designee. The Standard License
Agreements were approved in accordance with R2010-0333,
as amended and approved by the Board on October 1, 2013. These executed
documents are now being submitted to the Board to
receive and file. (FDO Admin) Countywide (DB)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
an agreement with the South Florida Water Management District to
provide potable water access from John Stretch Memorial Park to the adjacent
S-3 Pump Station for a ten-year period commencing retroactively on October 1,
2021 through September 30, 2031. SUMMARY: South Florida Water Management
District (SFWMD) has been receiving potable water from John Stretch Memorial
Park (Park) since January 8, 2002; the most current agreement expired on
September 30, 2021. SFWMD is requesting an additional ten-year agreement until
September 30, 2031. The S-3 Pump Station is located adjacent to the Park on top
of the Herbert Hoover dike located along the south shore of Lake
Okeechobee. SFWMD will pay the County
$1,200 per year for the water service and usage. The Parks and Recreation
Department will continue to have administrative responsibility for this
Agreement. (Property & Real Estate Management) District 6 (HJF)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve:
A) Consultant Services Authorization (CSA) No. 7 to the continuing contract
with Architecture Green LLC
(R2019-1898) to provide professional
architectural/engineering (A/E) design, site plan approval, permitting, and
construction administration services for the Village of Windsor Park Phase 1
project in the amount of $572,600.50;
and
B) Supplement No. 1 to CSA No. 3 to the continuing contract with Architecture Green LLC
(R2019-1898) to provide professional
architectural/engineering (A/E) design, site plan approval, permitting, and
construction administration services for the Bert Winters Park project in the amount of $338,860.23.
SUMMARY: On December 17, 2019, the Board of County Commissioners (Board) approved
the continuing design contract with Architecture Green LLC to provide
architectural services for capital improvement or renovation projects
countywide. CSA No. 7 authorizes professional A/E design services including
site plan approval, permitting and construction administration phase services
for a new dog park; new fitness trail; new restroom facilities; janitor’s room
and main electrical room; new picnic pavilions; new landscaping and irrigation
systems; and a new park entry sign for the new Village of Windsor recreational
park. The new park will serve the residents of the greater West Boynton area.
Supplement No. 1 to CSA No. 3 authorizes professional A/E design services
including site plan approval, permitting and construction administration phase
services for parking area renovations, four new pavilions with picnic tables
and grilling facilities, new playground, new kayak parking and launching area,
a new boat dock and new accessible walkways to connect all new and existing
facilities. These services are required to design and construct the Phase II
amenities at Bert Winters Park. This continuing contract was
presented to the Goal Setting Committee on August 7, 2019 and the
Committee established Affirmative Procurement Initiatives of 20% mandatory
Small Business Enterprise (SBE) subcontracting goal on the contract and an SBE
evaluation preference for the selection. Architecture Green LLC is a SBE firm.
SBE participation for CSA No. 7 is 90.08%; SBE participation for Supplement No.
1 CSA No. 3 is 83.50%. To date, the actual Small/Minority/Women Owned Business
participation for this continuing contract is 90.62%. Architecture Green LLC is
a Palm Beach County Business. The funding source for the Village of Windsor
Park Phase 1 project, CSA No. 7, is from the Impact Fees Z-2 fund. The funding
sources for the Bert Winters Park project, Supplement No.1 to CSA 3, include
the FIND Grant fund, and Infrastructure Sales Tax fund. (Capital
Improvements Division) Districts 1 & 6
(MWJ)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Supplement No. 1 to Consultant Services
Authorization (CSA) No. 13 to the continuing contract with Colome
& Associates, Inc. (R2019-1899) to provide professional
architectural/engineering design, site plan approval, permitting, and
construction administration services for the Palm Beach County West County
Administration South Wing Building Renovations project in the amount of
$180,258.51. SUMMARY: On December 17, 2019, the Board of County
Commissioners (Board) approved the continuing design contract with Colome & Associates, Inc. to provide architectural
services for capital improvement or renovation projects countywide. CSA No. 13
authorized professional architectural, mechanical, plumbing, electrical
engineering, and building assessment for the existing two-story West County
Administration Building located in the Western Community of Belle Glade.
Supplement No. 1 to CSA No. 13 authorizes professional design services,
permitting, bidding assistance and construction administration phase services
for the first and second floor of the south wing of the West County
Administration Building. Renovations to the building are consistent with the
West County Governmental Center Master Plan authorized by the Board during its
Workshop meeting on April 27, 2021. This continuing contract was
presented to the Goal Setting Committee on August 7, 2019 and the
Committee established Affirmative Procurement Initiatives of a 20% mandatory
Small Business Enterprise (SBE) subcontracting goal on the contract and an SBE
evaluation preference for the selection. Colome &
Associates, Inc. committed to an SBE contract goal of 85%. The consultant is an
SBE firm. SBE participation for Supplement No. 1 to CSA No. 13 is 94.34%. To
date, the actual Small/Minority/ Women Owned Business participation for this
continuing contract is 95.19%. Colome &
Associates, Inc. is a Palm Beach County Business. The funding source for this
project is from the Public Building Improvement fund. (Capital
Improvements Division) District 6 (MWJ)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: continuing contracts with two firms to provide architectural services on
an as needed basis for federal or state funded projects with a cumulative limit
of $2,000,000.
Consultants
A) Colome & Associates, Inc.; and
B) Williamson Dacar Associates, Inc.
SUMMARY: The
purpose of these continuing contracts is to pre-select consultants to provide
professional architectural services for capital improvement or renovation
projects. The work may consist of modifications or additions to existing
facilities or design services for new facilities including general government
offices, law enforcement, libraries, fire stations and other Fire Rescue
facilities, parks, community centers, housing (both single family and
multi-family) and other facilities throughout the County. These contracts will
be for a period of two years, with three one- year renewal options and a
cumulative limit of $2,000,000. In accordance with Section 287.055, Florida
Statues, Consultant Competitive Negotiation Act, the estimated construction
cost of each individual project assigned under the continuing contract may not
exceed $4,000,000 or for a study activity the fee for professional services for
each individual study assigned under the continuing contract may not exceed
$500,000. Consultant fees will be negotiated on an
individual basis for the identified projects. Work is
authorized through individual consultant services authorizations when
required during the term of these continuing contracts. Projects under these
continuing contracts may be funded in whole or in part
by federal or state grants. Plans for
single-family residential housing are subject to reuse under Section
287.055(10), Florida Statutes. These continuing contracts are exempt from the
Equal Business Opportunity Ordinance pursuant to Section 2-80.22 thereof.
Projects assigned under these continuing services contracts may include a
Disadvantaged Business Enterprise goal depending on the requirements of the
applicable federal grant, which will be included at the time of project
assignment. (Capital Improvements) Countywide (MWJ)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Amendment No. 1 to extend
the term of the contract with Jacobs Project Management Co. (Jacobs)
(R2017-0773) to provide program management services for the General Government
Capital Program (CGCP) from June 6, 2022 through June 5, 2023, and to update
the contract terms and conditions and increase labor rates. SUMMARY: On
June 6, 2017, the Board of County Commissioners (Board) approved the contract
with Jacobs to provide program management services to assist the Facilities
Development Operations Department (FDO)/Capital Improvements Division (CID)
with the implementation of the GGCP, which includes the Infrastructure Sales
Tax Program and general government Five-Year Capital Improvement Plan. The
original contract term was five years with an option to renew for five
additional one-year terms. The contract is set to expire on June 5, 2022;
Amendment No. 1 exercises the first renewal option to extend the contract
through June 5, 2023. Additionally, Amendment No. 1 authorizes revisions to
contract terms and conditions; sets new hourly rates (labor rates and
multiplier), incorporates the new E-verify language, and adds two staff members
(i.e. an estimator and a project manager) to the personnel complement provided
by Jacobs. The increase in personnel complement under the contract will assist
FDO in the management of GGCP projects. This contract was
advertised according to the County’s prior Small Business Enterprise
(SBE) program where a 15% subcontracting goal was applied. To date, the overall
SBE participation on this contract is 14.77%. Jacobs is not a certified SBE.
The Office of Equal Business Opportunity has reviewed the existing SBE
participation and approved this extension request under the existing SBE
contract terms. The Consultant has a local office in Palm Beach County. Unlike
typical consultant contracts, a Notice to Proceed (NTP) will need to be issued
annually by October 1st for approval as
part of the annual GGCP in the upcoming budget year. The NTP will
be issued administratively in an amount not to exceed the amount
approved as part of the annual capital improvement program. If the NTP is not
issued by October 1st of each fiscal year
(FY), then the County may terminate the contract. Amendment No. 1 sets forth
the hourly rates for the various Jacobs’ personnel and subconsultants
that will perform services during the term of the contract. The contract allows
the raw labor rates to be adjusted for CPI up to 3%
after the first two years. The contract did not address increases to the
multiplier. County contracts are generally for five years and Jacobs has held
its multiplier for the initial five years of this contract. Due
to the unusual increases in operating expenses and overhead that have taken
place over the last five years since the contract was originally approved in
2017, Staff is recommending that the contract be amended to allow for a one
time increase to the multiplier in this year six of the contract, no further
increases to the multiplier would be allowed during the five additional
one-year term. The new rates and multiplier are consistent (and even
lower than) what Staff typically sees on consulting contracts. The contract
value under Amendment No. 1 is for a not to exceed amount of $1,584,668.74.
However, this item only authorizes expenses for the remainder of FY 2022 of
$528,222.91, which will be reflected in the NTP issued
to Jacobs following the approval of this item. All program management costs
(Estimator, Project Executive, Sr. Project Manager, Program Controls Manager
and project controls set-up) will be capitalized to the Infrastructure Sales
Tax projects and the costs associated with the Project
Managers and Field Inspectors will be charged to the applicable projects.
(Capital Improvements Division) Countywide (MWJ)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to execute: a “Certification By State or Local Official
of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan”
for the Pahokee Housing Authority (PHA) in connection with its Annual Plan for
Fiscal Year 2022-2023. SUMMARY: The PHA has prepared its Annual Plan for
Fiscal Year 2022-2023 for submission to the Department of Housing and Urban
Development (HUD). HUD requires the
County to confirm that the plans and programs outlined in the Annual Plan are
consistent with the goals and objectives set forth in the County’s Consolidated
Plan. Consistency with the Consolidated Plan is documented
through a “Certification by State or Local Official of PHA Plans Consistency
with the Consolidated Plan or State Consolidated Plan.” The Department of Housing and Economic Development
has reviewed the PHA Annual Plan Summary and determined that the goals,
objectives, and activities outlined therein are consistent with the Palm Beach
County Consolidated Plan for Fiscal Years 2020-2024. Some specific goals
outlined in the PHA’s Plan which are consistent with the
goals set forth in the County’s Consolidated Plan are: expand the supply
of assisted housing; improve the quality of assisted housing, increase assisted
housing choices; provide an improved living environment; promote self-sufficiency
and development of individuals and families; and, ensure equal opportunity and
affirmatively further fair housing. District 6 (HJF)
2. Staff recommends
motion to approve: a Subordination Agreement – Regulatory
Agreement Only – Governmental Entity (No Subordinate Debt) with various lenders
and SREIT San Marco Villas L.L.C. under the State Housing Initiatives Program
(SHIP) for San Marco II. SUMMARY: On June 3, 2003, the County entered
into a Loan Agreement (R2003-0831) with Trust Lake Park Two, Ltd to provide
$232,663 in SHIP funding towards the construction of 112 affordable apartments
known as San Marco II located at the northwest corner of Congress Avenue and Watertower Road, Lake Park, Florida, 33403. The SHIP
affordability period was 30 years expiring on June 3, 2033. On December 21, 2021, the
SHIP Loan was paid off by Trust Lake Park Two, Ltd with the
affordability period remaining in place until June 3, 2033, as a Declaration of
Restrictions for Rental Properties (the Regulatory Agreement). San Marco II is now part of a $755,000,000
refinancing package being undertaken by the
Borrower. As a condition of the Loan,
the Lender requires that the lien on the property be superior to the Regulatory
Agreement. Lender will not make the loan unless the Governmental Entity
(County) and Borrower agree to subordinate their rights and obligations under
the Regulatory Agreement. District 7 (HJF)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING AND BUILDING
1. Staff recommends
motion to authorize:
A) the County Administrator or designee to
prepare a Federal Emergency Management (FEMA) and Florida Department of
Emergency Management (FDEM) Hazard Mitigation Grant Program (HMGP) application,
in collaboration with the Florida Atlantic (FAU), for a 12 month period and for
reimbursement in an amount of up to $200,000 to develop a Watershed
Master Plan (WMP) for Unincorporated Palm Beach County; and
B) the County Administrator or designee to execute the grant application,
amendments thereto and any other necessary documents related to the FEMA/FDEM
Grant Application Watershed Master Plan;
SUMMARY: On April 7,
2022, FDEM announced the subject HMGP grant opportunity. The grant application
period closes on June 3, 2022. Developing
a WMP is a prerequisite for all communities to achieve a Class 4 or higher
Community Rating System (CRS) rating. On April 8, 2022, the FDEM announced a grant opportunity for CRS
communities to aid them in the development of a WMP to help improve their CRS
ratings. This grant opportunity is for a 25% matching grant for a total
reimbursement grant of $200,000. The County is seeking to work with FAU to
prepare the required grant application studies and technical details for the
County to use for submission of the grant application and development of the
WMP. For almost ten years, Palm
Beach County has been a Class 5 participating CRS community in the FEMA
National Flood Insurance Program (NFIP) CRS program. The CRS program allows
participating communities to achieve significant discounts for NFIP
policyholders on flood insurance premiums for their properties. CRS ratings
rank from 1 (highest rating/discount) to 10 (lowest
rating/discount). A Class 5 rating
allows policyholders in the County to receive discounts of up to 25% from the
standard NFIP premiums. A Class 4 rating (or higher) would achieve discounts of
30% (or more). Working in coordination with the County Emergency Management
Division CRS Coordinator, as well as other County Agencies, County staff work
continuously to maintain and improve the County’s CRS rating and achieve
greater discounts for County property owners. FAU staff is currently working with several municipalities encouraging
them to partner with the County in this effort,
potentially affecting the total scope of work required. When this information is finalized County staff will report back to the BCC with a
formal FAU research agreement, scope of services, and total price. Unincorporated
(RM)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Work Authorization (WA) No.
7 to the Lift Station Rehabilitation Continuing Construction Contract 2020
(Continuing Contract) with Hinterland Group Inc., (Hinterland) for the Finfrock Lift Station and Force Main Rehabilittion
(Project) in the amount of
$493,128.25. SUMMARY: On September
15, 2020, the Board of County Commissioners approved the Palm Beach County
Water Utilities Department (PBCWUD) Contract (R2020-1379) with Hinterland. WA
No. 7 provides for the replacement of approximately 2,800 linear feet of 8-inch
force main from the connection point at the new Finfrock
force main aerial crossing to the existing 10-inch ductile iron force main on
the west side of State Road 715. The Continuing Contract was
procured under the requirements of the Equal Business Opportunity
Ordinance. On January 15, 2020, the Goal Setting Committee applied an
Affirmative Procurement Initiative of a mandatory
20% Small Business Enterprise (SBE) subcontracting participation, of which 3%
shall be among certified African American and/or Hispanic American owned firms.
The Continuing Contract provides for 26.87% SBE participation, which includes
3.47% M/WBE participation, 3.18% MBE (H), and 0.29% WBE. WA No. 7 includes
13.04% SBE participation, which includes 4.22% M/WBE participation, 4.22% MBE
(H), and 0% WBE. The cumulative SBE participation including WA No. 7 is 11.09%
SBE, which includes 5.64% M/WBE participation, 5.56% MBE (H) and 0.07%
WBE. Hinterland is a Palm Beach County
based company. The Project is included
in the PBCWUD FY22 budget. (PBCWUD Project No. 22-002) District 6 (MWJ)
2. Staff recommends
motion to approve: an Indemnity Agreement between Soma Investors, LLC (Property Owner) and
Palm Beach County (County). SUMMARY: The
Property Owner owns a certain parcel located at 3325 Forest
Hill Blvd., in Palm Springs. In order to connect to the County’s
wastewater collection system, the Property Owner proposed a connection to an
existing wastewater service lateral and private lift station located on an
adjacent parcel also owned by the Property Owner. The Property Owner has rights
to use the facilities pursuant to the Lift Station Agreement between Cushman
Fruit Company, Inc., and Children’s Building, Inc., recorded on February 10,
2000 at Official Record Book 11604 Page 473. County staff approved the proposed
connection subject to the Property Owner entering into an Indemnity Agreement
with the County. The Lift Station Agreement secures continued access to the
wastewater service lateral and private lift station for the Property Owner and
ensures the continued maintenance of the wastewater service lateral and private
lift station. This Indemnity Agreement requires the Property Owner to indemnify,
defend, and hold the County harmless if the Property Owner is no longer able to
utilize the wastewater service lateral and private lift station located on the
adjacent parcel. The Indemnity Agreement runs with the land and binds
successors to the terms. District 3 (MWJ)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 7 to the
Consulting/Professional Services Utility Distribution & Collection System
Engineering Services Contract (Contract)
with Holtz Consulting Engineers, Inc. (Consultant) for the Palmetto Park Road
Force Main Replacement (Project) for a not to exceed amount of $251,461.24. SUMMARY:
On December 15, 2020, the Board of County Commissioners approved the Palm Beach
County Water Utilities Department (PBCWUD) Contract (R2020-1897) with Consultant. CSA No. 7 provides for professional engineering services relating to
design and permitting of the Project. These services include utility locates,
surveying, geotechnical engineering, construction plans, permitting and bid
support services for the replacement of approximately 2 miles of 12-inch and
16-inch force main along Palmetto Park Road from Boca Falls Drive to Catskill
Court. This Contract was procured under the
requirements of the Equal Business Opportunity Ordinance. On October 2, 2019,
the Goal Setting Committee applied an Affirmative Procurement Initiative of a
minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal and
an evaluation preference for up to 15 points based upon the relative level of
dollar participation by certified SBE firms. The Contract provides for 96% SBE
participation, which includes 90% MBE participation, 85% MBE (H), and 5% MBE
(A). CSA No. 7 includes 87.82% SBE participation which
includes 43.74% MBE participation, 43.74% MBE (H), and 0% MBE (A). The
cumulative SBE participation including CSA No. 7 is 85.26%, which includes
71.21% MBE participation, 68.8% MBE (H), and 2.4% MBE (A). Consultant is a Palm Beach County based
company. The Project is included in the PBCWUD FY22 budget. (PBCWUD Project No.
22-015) District 5 (MWJ)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve a contract for Consulting/Professional
Services between Palm Beach County and Inwater Research
Group (IRG) for sea turtle monitoring in an amount not-to-exceed $38,012.80,
commencing upon execution and terminating August 30, 2023; and
B) authorize the County Administrator or designee to sign
all future time extensions, task assignments, certifications and other forms
associated with the contract, and necessary minor amendments that do not
substantially change the scope of work, terms or conditions of the Contract
including reducing the amount of hours worked and the contract’s not-to-exceed amount
due to excusable weather delays.
SUMMARY: This
contract provides for a continuation of monitoring and assessment of sea turtle
populations in the Lake Worth Lagoon (LWL) and Jupiter Inlet sites by IRG, a
not–for-profit corporation based in Martin County. IRG is an organization that
focuses on conservation efforts of key coastal species through unique in-water
sampling and data collection techniques. IRG conducted the first ever in-water
assessment of sea turtles in the LWL in 2005, and has continued to assess
populations and collect data utilized for management strategies related to
restoration and enhancement efforts within the lagoon and adjacent
waterways. The LWL Management Plan
recommends assessing sea turtle populations as a means of evaluating the
success of environmental restoration efforts and overall lagoon health. District
1 (SS)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve:
A) an agreement with the YMCA of South Palm
Beach County for the Coordination of Summer Camp at West Boynton Recreation
Center effective June 6, 2022 through July 29, 2022; and
B) an agreement with Faith’s Place Center For Arts Education, Inc. for the Coordination of Summer Camp at
Westgate Park and Recreation Center effective June 6, 2022 through July 22,
2022.
SUMMARY: The
Parks and Recreation Department (Department) wishes to continue its summer day
camp programming partnerships with two not-for-profit agencies. The YMCA of South Palm Beach County will utilize space at West Boynton Park
and Recreation Center for up to 100 children. Faith’s Place will utilize space at Westgate
Park and Recreation Center for up to 100 children. Registration will be open to
the public and Youth Services Summer Camp scholarship recipients are eligible
to attend. These organizations are responsible for all operating expenses and ensuring compliance with CDC
guidelines associated with summer day camp programs. In exchange, the County
will provide use of the facilities at no charge. Districts 2 & 7 (AH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) rescind Interlocal Agreements R2015-0669 and R2017-0654;
B) approve the replacement
Interlocal Agreement providing updated contract terms for
network services with the Town of Palm Beach; and
C) authorize the County Administrator or designee to
approve and execute task orders for additional IT services, up to a maximum
dollar value of $50,000 per task order.
SUMMARY: The Town of Palm Beach has existing Interlocal Agreements with Palm Beach County for digital
imaging services (R2015-0669) and network services (R2017-0654), and has
requested the termination of digital imaging services. Staff recommends
rescinding the existing agreements and replacing them with a new network
services agreement for a period of one year with four automatic one-year
renewals unless notice is given by either party. This
new Interlocal Agreement includes updated contract terms to provide network
services to the Town of Palm Beach. The Florida LambdaRail,
LLC has approved connection of the Town of Palm Beach to the Florida LambdaRail network. District
1 (DB)
2. Staff recommends
motion to receive and file: fully executed
Task Order #9 to Contract R2017-0764 with Woolpert,
Inc. in the amount of $82,500 for the 2022 Palm Beach County Coastal Orthophotography Program. SUMMARY: Woolpert, Inc. provides geospatial services such as planimetric mapping, digital orthophotography,
LiDAR processing and GPS survey
in support of the County’s Geographic Information System. Task Order #9 was initiated by the Environmental Resources Management
Department for the consultant to provide coastal orthophotography.
The Chief Information Officer approved Task Order #9 by delegated authority
with R2017-0764, dated June 6, 2017. This contract was
solicited and entered into under the now-repealed and replaced SBE ordinance,
with an SBE aspirational goal for this contract of 15%. Task Order #9
includes 0% participation due to the highly specialized task. Woolpert, Inc.’s
SBE contractor performs specific tasks and the County has not requested any of
these services under the contract, therefore the cumulative SBE participation
including Task Order #9 is 0%. Countywide (DB)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to receive and file: four contracts for Professional Services
with the following Doctoral Psychology Interns to complete a required
2,000-hour internship that will provide the interns training and experience in
family and youth counseling for the period August 1, 2022, through July 27,
2023:
A) Jasmin Calcote in the amount of $27,200;
B) Megan O’Connor-Szuma
in the amount of $27,200;
C) Madison Strauss in the amount of $27,200;
and
D) Allie Sherman in the
amount of $27,200.
SUMMARY: The Youth Services Department’s Residential
Treatment and Family Counseling Division (Division) is an authorized counselor
training facility for many colleges and universities offering degrees in
psychology, and social work. Doctoral programs require internships to meet
degree and licensing requirements. The
Division is offering its program as a location to obtain this training. Each intern, at a minimum, is
assigned and completes the workload equivalent of a Therapist. The
hourly base rate of a Therapist is $24.43 versus the hourly intern rate of
$13.35. Additionally, each intern will receive a $500 stipend for health
insurance. On September 11, 2012, Agenda Item 3X-3 authorized the County
Administrator or designee to execute future doctoral psychology intern
contracts on behalf of the Board of County Commissioners, after approval of
legal sufficiency by the County Attorney’s Office, and within budgeted
allocations. The contracts span two fiscal years. Sufficient funding is
included in the current budget and in the proposed FY2023 budget to meet the
County obligations. Countywide (HH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
A) a contract for Provision of Services with
Prime Time Palm Beach County, Inc. for the period June 1, 2022, through
September 30, 2022, in an amount not to exceed $169,696 for connecting summer
camps for low income children to expanded learning opportunities; and
B) a budget transfer
of $169,696 in the General Fund from the Evidence-Based Programming unit (Unit
1451) to fund the cost of programming associated with this contract.
SUMMARY: The funding provided under this contract will allow Prime Time to make
connections with summer camps to offer expanded learning opportunities to youth
attending summer camps. This contract includes reporting measurements specific
to Prime Time. After completion of the
contract year, a report will be generated detailing Prime Time’s progress in
meeting their performance measurements. Countywide (HH)
3. Staff recommends
motion to approve:
A)
a Community Based Agency
Contract with Youth Speak Out International Inc., for the period June 6, 2022,
through September 30, 2022, in an amount not to exceed $28,325, for the Today’s
Digital Citizens Program; and
B)
a budget transfer of $28,325 in the General
Fund from the Head Start Match reallocation (Unit 1451) for
evidence-based/promising programming to fund the cost associated with this contract.
SUMMARY: Youth Speak Out International Inc. (YSO)
promotes media literacy as a means of countering media stereotyping. This
approach encourages openness with objectivity and fosters tolerance,
understanding and respect. The Today’s Digital Citizens Program (TDC) is a six-week
hands-on summer program that will provide 187 elementary school students with
opportunities to build their cultural media literacy, media production and
interpersonal communication skills. TDC
is open to all students in Palm Beach County. The programs will
be held at City of Greenacres C.A.R.E.S,
Faith’s Place Center for Arts Education in West Palm Beach, South Olive
Community Center in West Palm Beach, Achievement Centers for Children and
Families (Pine Grove) in Delray Beach. Participants will have a community forum
at the end of the six sessions to showcase the
knowledge acquired throughout the Program. This contract includes a logic model
and reporting measurements specific to YSO. After completion of the
contract, a report will be generated detailing YSO’s progress in meeting their
performance measurements. Districts 2, 3, & 7
(HH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
(Cont’d)
4. Staff recommends
motion to approve:
A)
a Community Based Agency
Contract with Ascension 33, Inc., for the period June 1, 2022, through
September 30, 2022, in an amount not to exceed $31,000, for the FIT Hub Program; and
B)
a budget transfer of $31,000 in the General
Fund from the Head Start Match reallocation (Unit 1451) for
evidence-based/promising programming to fund the cost associated with this contract.
SUMMARY: Ascension 33, Inc. (Ascension) is located in
Belle Glade and offers underserved youth professional dance instruction in
Hip-Hop, Creative Movement, and Contemporary dance and believes dance and
fitness is a coping mechanism for the youth to address health-related issues
such as, obesity, anxiety, depression and low self-esteem. The FIT Hub Program
(Program) will be offered in Belle Glade, South Bay and Pahokee area to a total of 30 youth. The Program is two-pronged: i) 20 youth (ages 15-17) will attend the Program;
and ii) Ascension will hire 20 youth (ages 16-22) as Peer Mentors. This
contract includes a logic model and reporting measurements specific to
Ascension. After completion of the contract, a report will be generated
detailing Ascension’s progress in meeting their performance measurements. District
6 (HH)
5. Staff recommends
motion to approve:
A) a Community Based Agency Contract with Digital
Vibez, Inc., for the period June 1, 2022, through
September 30, 2022, in an amount not to exceed $124,999 for the Wellness
Workshops and Family Fitness Events; and
B) a budget transfer of $124,999 in the General
Fund from the Evidence-Based Programming unit (Unit 1451) to fund the cost of
programming associated with this contract.
SUMMARY: The Wellness Workshops Program (Program) is designed
to combat childhood obesity. Over the contract period, the Program will serve a
projected 750 youth ages 5 – 12 at a number of out-of-school and summer camps
in high-need communities throughout Palm Beach County. Each workshop will
consist of seven one-hour sessions providing dance fitness and nutrition
education. Each workshop series will end with the Family Fitness event focusing
on parental engagement, and providing an opportunity for participants to showcase their accomplishments. This contract includes a
logic model and reporting measurements specific to Digital Vibez.
After completion of the contract, a report will be generated detailing Digital Vibez’s progress in meeting their performance measurements.
Countywide (HH)
MAY 17, 2022
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to approve: a budget transfer of
$42,985 from the Law Enforcement Trust Fund
(LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Section 932.7055(5), Florida
Statutes, provides that the seizing agency shall use Forfeiture proceeds for
school resource officer, crime prevention, safe neighborhood, drug abuse
education and prevention programs, or for other law enforcement purposes, which
include defraying the cost of protracted or complex investigations, providing
additional equipment or expertise, purchasing automated external
defibrillators, and providing matching grant funds. The funds
requested will be used, by the Financial Crimes Unit, to purchase CipherTrace Software. Use of LETF requires approval
by the Board, upon request of the Sheriff.
The current State LETF balance is $2,646,009. Approval of this request
will reduce the State Law Enforcement Trust Fund balance to $2,603,024. The PBSO certifies that the use of these
funds is in accordance with Section
932.7055(5), Florida Statutes. No new positions are
needed and no additional County funds are required. 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 Children’s Healthcare Charity, Inc.,
for the promotion of the Honda Classic, which was held February 21 – 27, 2022.
The Tourist Development Council approved this grant of $75,000 on December 9,
2021. The term of this agreement is August 21, 2021 – May 27, 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 10,500 room nights and also
funded an event which promoted sports tourism in Palm Beach County. District
1 (YH)
* * * * * * * * * * * *
MAY 17, 2022
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. ENGINEERING
& PUBLIC WORKS
1. Staff
recommends motion to adopt: a resolution
abandoning any public interest in a
portion of a utility easement lying in Lot 17 of Southern Cay at Jonathan’s
Landing P.U.D., as recorded in Plat Book 63, Pages 16 and 17
(Abandonment Site), Public Records of Palm Beach County (County). SUMMARY: Adoption of this resolution will eliminate
the public dedication that is in conflict with development plans by Aldo Croatti (Petitioner). All reviewing agencies and utility
service providers have approved this abandonment and the utility easement
serves no present or future public purpose. The Petitioner requested the County
clear the encumbrance to allow an addition to the existing single family home.
All utility service facilities are located in an alternate utility easement at
the front of the lot. The Engineering Department advertised this public hearing
on Sunday, May 1, 2022. The Abandonment Site is located south of Indiantown
Road, east of Alternate A1A, within the Jonathan’s Landing P.U.D. District 1 (YBH)
2. Staff recommends
motion to adopt: a resolution abandoning any public interest
in a portion of a 12-foot wide utility
easement lying in Lot 64, (A P.U.D.) Allegro Replat, according to the map or
plat thereof, as recorded in Plat Book 63, pages 193 through 196, inclusive
(Abandonment Site), Public Records of Palm Beach County (County). SUMMARY: Adoption of this resolution will eliminate
the public dedication that is in conflict with development plans by Jesus
Enrique Lopez Ocanto and Ana Cristina Berrios Arcilla (Petitioners). All reviewing agencies and utility
service providers have approved this abandonment and the portion of the utility
easement to be abandoned serves no present or future
public purpose. The Petitioners requested the County clear the encumbrance to
allow for the addition of a pool to the existing single family home. There are
no utility service facilities located within the Abandonment Site. The
Engineering Department advertised this public hearing on Sunday, May 1, 2022.
The Abandonment Site is located south of Palmetto Park Road on the west side of
State Road 7. District 5
(YBH)
MAY 17, 2022
4. PUBLIC
HEARINGS – 9:30 A.M.
A. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to adopt: a resolution abandoning any public interest
in a portion of that 50-foot drainage
easement as described in Official Record Book 6136, Page 315 (Abandonment
Site), Public Records of Palm Beach County (County). SUMMARY: Adoption of this resolution will eliminate
the public dedication that is in conflict with development by Prosperity
Village Development, LLC (Petitioner). The drainage easement was
dedicated to Palm Beach County by separate instrument on June 15, 1989.
All reviewing agencies and the Northern Palm Beach County Improvement District
have approved this abandonment and a replacement drainage easement has been provided. The Petitioner requested the County clear
the encumbrance to allow for the development of 11 single-family homes. The
Village of North Palm Beach abandoned their interest in this drainage easement
on November 18, 2021. The County has existing drainage facilities within the
development site and outside of the Abandonment Site. The replacement easement
covers these existing drainage facilities. The Engineering Department
advertised this public hearing on Sunday, May 1, 2022. The Abandonment Site is
located within the municipality of North Palm Beach, on the west side of
Prosperity Farms Road, south of Allamanda Drive. District 1 (YBH)
MAY 17, 2022
4. PUBLIC
HEARINGS – 9:30 A.M.
B. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends motion to:
A) approve the
application of Oxbridge Academy Foundation, Inc., d/b/a Oxbridge Academy (the
Borrower), a Florida not-for-profit corporation which is exempt from taxation
pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
for the issuance of the County's Revenue Refunding Bonds (Oxbridge Academy
Project), Series 2022 in a principal amount not to exceed $21,500,000 (the
Bonds);
B)
conduct a Tax Equity &
Fiscal Responsibility Act (TEFRA) Public Hearing pursuant to Section 147(f) of
the Internal Revenue Code of 1986, as amended, concerning the proposed issuance
of the Bonds; and
C)
adopt a Resolution of the
Board of County Commissioners of Palm Beach County, Florida: (a) to authorize
the issuance of the Bonds, in one or more series, taxable or tax-exempt, for
the purpose of making a loan to the Borrower to: (i) refund the outstanding
principal amount of the County’s Adjustable Mode Revenue
Bonds (Oxbridge Academy Foundation, Inc. Project), Series 2014 (the 2014 Bonds)
and the County’s Adjustable Mode Revenue Bonds (Oxbridge Academy Foundation,
Inc. Project), Series 2017A and Series 2017B (collectively, the Series 2017
Bonds and together with the Series 2014 Bonds, collectively, the Original Bonds),
the proceeds of which were used to finance and refinance the costs of the
acquisition, improvement, renovation, installation and equipping of certain
educational facilities on the campus of the Borrower located at 3151 North
Military Trail, West Palm Beach, Florida 33409 (the Project), (b) to approve
the execution and delivery of certain documents required in connection with the
Bonds that are to be paid solely by the Borrower; and (c) to take or delegate
certain other actions as necessary in connection with the Bonds and the
refunding of the Original Bonds.
SUMMARY: Approval of the issuance of the County’s Bonds and the loan of the Bond
proceeds to the Borrower will allow the Borrower to refinance the costs of the
Project, particularly the acquisition, improvement, renovation, installation
and equipping of a coeducational college-preparatory
middle and high school campus for students in grades 7 through 12,
consisting of the acquisition of approximately 54.34 acres of land and the
improvement, installation and equipping thereon of four buildings totaling approximately 194,409 gross square feet of space,
and certain other necessary and useful
renovations, improvements, equipment purchases and other capital expenditures. The
Bonds will not constitute a debt, liability or obligation or a pledge of the
faith and credit or taxing power of the County or of the State of Florida or of
any political subdivision thereof, but shall be payable solely from the
revenues of and proceeds pledged by the Borrower. District 7 (DB)
MAY 17, 2022
4. PUBLIC
HEARINGS – 9:30 A.M.
C. COMMISSION ON ETHICS
1. Staff recommends
motion to adopt: 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 17, 2022
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution commemorating the 30th
anniversary of the opening of the Clarence E. Anthony Branch library and the
presentation of a “Key to the County” to Mr. Anthony for his many years of
service and advocacy. SUMMARY: In 1984, at the age of 24, Clarence E.
Anthony was elected Mayor of South Bay. From the
beginning, Mr. Anthony had the priority of building a public library in South
Bay to provide services to the people who live and work in that area. Over the
last 30 years, the Clarence E. Anthony Branch has served the residents of South
Bay six days a week with access to all of the resources and services the entire
Palm Beach County Library System has to offer. As for his time as Mayor, Mr.
Anthony has said building the library was “probably the most impactful thing I
would say I did in that role”. Clarence E. Anthony now serves as the
CEO/Executive Director of the National League of Cities. Countywide (AH)
B. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: an updated Management Plan (Plan) for Hungryland Slough Natural Area. SUMMARY: The initial
Plan was approved by the Board of County Commissioners on May 21, 2002. The Plan identifies
natural resources present on the natural area and provides for the
preservation, restoration, management and passive recreational use of those
resources. The Natural Areas Management Advisory Committee unanimously
recommended the updated Plan for approval at its March 25, 2022 meeting.
Initial invasive/nonnative vegetation removal, fence and regulatory sign
installation, and public use facilities have been completed
since the original Plan in 2002. Annual management and operating costs,
including prescribed burns/mechanical vegetation reduction, ongoing
invasive/nonnative animal and plant control, repair and replacement of
facilities, and biological monitoring and reporting are estimated to be $410,732. This cost is for
the current fiscal year and is expected to increase as
described in the Summary of Fiscal Impact. Funds for capital improvements, and annual management and operation of
the site are expected to come from the Natural Areas
Fund, Natural Areas Stewardship Endowment Fund, Pollution Recovery Trust Fund,
Ag Reserve Land Management Fund, and/or ad valorem funding sources. District 1 (SS)
MAY 17, 2022
5. REGULAR AGENDA
C. FACILITIES DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to:
A) adopt a resolution authorizing
the conveyance of the County’s interest in one parcel of surplus property that
escheated to the County to the City of West Palm Beach, for the property
located at 1017 N Tamarind Ave, pursuant to Section 197.592(3), Florida
Statutes, without charge and with reservation of mineral and petroleum rights,
but without rights of entry and exploration;
B) approve a County Deed in favor of the City of West Palm Beach;
C) adopt a resolution authorizing
the conveyance of the County’s interest in one parcel of surplus property that
escheated to the County to the City of Belle Glade, for the property located at
1632 E Canal Street S, pursuant to Section 197.592(3), Florida Statutes,
without charge and with reservation of mineral and petroleum rights, but
without rights of entry and exploration; and
D) approve a County Deed in favor of the City of Belle Glade;
E) adopt a resolution authorizing
the conveyance of the County’s interest in one parcel of surplus property that
escheated to the County to the City of South Bay, for the property located at
185 NW 10th Ave 1, pursuant to Section 197.592(3), Florida Statutes,
without charge and with reservation of mineral and petroleum rights, but
without rights of entry and exploration;
F) approve a County Deed in favor
of the City of South Bay;
G) adopt a resolution authorizing the conveyance of the County’s interest in one
parcel of surplus property that escheated to the County to the City of Pahokee,
for the property located at 356 Cypress Avenue, pursuant to Section 197.592(3),
Florida Statutes, without charge and with reservation of mineral and petroleum
rights, but without rights of entry and exploration; and
H) approve a County Deed in favor
of the City of Pahokee.
MAY 17, 2022
5. REGULAR AGENDA
C. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
1. (Cont’d) SUMMARY: Between May 2020 and September 2021, the
County acquired four parcels of property via escheatment located within the
municipal boundaries of West Palm Beach, Belle Glade, South Bay and Pahokee.
These properties serve no present or future County purpose. These parcels are being conveyed to the Cities pursuant to Section
197.592(3), Florida Statute, which requires the conveyance of surplus property
acquired by tax deed to municipalities in which it is located. These
conveyances will relieve the County of potential liability for occurrence on
the property. The County will retain mineral and petroleum rights in accordance
with Section 270.11, Florida Statute, without rights of entry and exploration
on all of these properties. The properties located in West Palm Beach, South
Bay and Pahokee have 2021 total assessed values of $7,016, $1,461 and $10,200,
respectively. Since the parcels do not exceed $25,000 in value, an appraisal is
not required under the County’s Real Property Acquisition, Disposition and
Leasing Ordinance. The property located in Belle Glade is a commercial parcel
improved with an uninhabitable old service station and has a 2021 total
assessed value of $218,802. While
typically any property being disposed which is valued at $25,000 or more
requires an appraisal, this parcel was acquired via tax deed and is being
conveyed free of charge to the City of Belle Glade pursuant to Section197.592(3),
Florida Statutes, as such, no appraisal was obtained. These
conveyances must be approved by a Supermajority Vote (5
Commissioners). (Property & Real Estate Management) Districts 6 & 7 (HJF)
MAY 17, 2022
5. REGULAR AGENDA
C. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A)
approve a Developer Agreement (DA) with Jupiter
Stadium, Ltd.(JSL) for the renovation of
the Roger Dean Chevrolet Stadium (RDCS);
B)
approve a Second Restated Sports Facility Use
Agreement (Restated SFUA) with JSL, the St. Louis Cardinals, LLC (Cardinals),
and the Marlins Teamco, LLC (Marlins) for the use of
RDCS until April 30, 2049;
C)
approve a Reimbursement Resolution declaring Palm Beach County’s official intent
to seek reimbursement from the proceeds of its Revenue Bonds for certain
capital expenditures made with respect to the acquisition, design,
construction, development and equipping of capital renovations and improvements
to RDCS and related facilities;
D)
authorize the County Administrator or designee, who in this case shall be the Director of the Facilities Development
and Operations department, to submit to the Florida Department of Economic
Opportunity and/or the Florida Sports Foundation the required application and
supporting documents for certification of the RDCS Renovation Project under Section
288.11631, Florida Statutes;
E)
approve a budget transfer of $4,600,000 from the
Tourist Development Council Reserves Fund to the Public Building Improvement
Fund; and
F)
approve a budget amendment of $4,600,000 in the Public
Building Improvement Fund to recognize the transfer from the Tourist
Development Council Reserves Fund and to fund the RDCS Renovations Project.
MAY 17, 2022
5. REGULAR AGENDA
C. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
2. (Cont’d) SUMMARY: In
1996, Palm Beach County (County) entered into a Developer Agreement (R96-879D,
as amended) and a Sport Facility Use Agreement (R96-877D, as amended)(SFUA)
with JSL for the use and operation of RDCS and the adjacent two-team baseball
training facilities, clubhouses, playing fields, on-site parking areas and
related structures and improvements. RDCS serves as the spring training
facility for the Cardinals and the Marlins (collectively the Teams). The SFUA
term will expire on April 30, 2027. Construction of RDCS was completed in 1998
therefore, the facility is approaching 25 years of age and requires renovations
to ensure that it: 1) meets updated MLB standards; 2) provides accommodations
comparable to the County’s most recently built Ballpark of the Palm Beaches
(BPPB); and 3) provides for a visitor experience that further solidifies spring training as a tourism generator. On
December 17, 2019, the Board of County Commissioners (Board) approved a term
sheet identifying key provisions of a DA and a Restated SFUA to facilitate the
renovation of RDCS (Renovation Project), and authorized the County
Administrator or designee to commence negotiations. Under the approved Term Sheet, the estimated
project cost of $108,000,000 was to be funded through
a revenue bond which debt service was to be paid through a combination of State
proceeds under Section 288.11631, Florida Statutes, 1st/4th
cent Bed Tax proceeds, and annual use fee contributions from JSL. Negotiations
commenced as authorized by the Board but, in March 2020, had to be halted due to the detrimental effects that the COVID19
pandemic had on Bed Tax collections. In November 2021, the Executive Director
of the Tourist Development Council (TDC) confirmed that Bed Tax collections
were once again at a level that would allow the 1st/4th
cent of Bed Tax proceeds to fund its portion of the proposed debt service.
Therefore, JSL and the County reengaged in negotiations. The Renovation Project
includes public, shared and private use improvements. The Public Use improvements
include replacement of the video scoreboard, upgrading the sound system,
installing Wi-Fi, providing a new group area on the 3rd base line, upgrading
concession stands, expanding the Teams store, expanding maintenance and storage
areas, expanding the visiting clubhouse, relocating the bullpens, installing a
new security system, renovating administrative spaces, improving the press box
area, and including art in public places. The Shared Use improvements
include upgrading and installing new batting cages and agility fields,
expanding the facilities to include a new
theater/classrooms, and providing a restroom facility at the quad. The Private
Use improvements include renovating the Teams’ clubhouses and the pitching
mound. Under the DA, JSL will be responsible for coordinating and administering
all aspects of the design, permitting, construction, development and delivery
of the Renovation Project. The cost of the Renovation Project is estimated at $108,000,000, which will be funded through a
County-issued Revenue Bond to be issued as taxable and tax-exempt in order to
maximize project proceeds.
MAY 17, 2022
5. REGULAR AGENDA
C. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
2. (Cont’d) SUMMARY: The debt
service of the bonds will be met through County
contributions, State contributions and a JSL use fee under the Restated SFUA.
If authorized by the Board, County staff will submit an application for
certification under Section 288.11631, Florida Statutes, in order to receive
State contributions in the amount of $50,000,000 for
the retention of Major League Baseball (MLB) spring training franchises. The
County’s contribution for debt service on the Revenue Bond, as per the approved
Term Sheet, will be capped at $75,100,000 and will be
funded from the 1st/4th cent Bed Tax proceeds; no ad
valorem funds are considered to fund the County’s contribution towards debt
service. JSL’s contribution in the form of an annual use payment will be
equivalent to the debt service on the Revenue Bond minus the aggregate value of
the State and County contributions.
Although the final value of JSL’s contribution will not be certain until
the date of bonds issuance, considering prevailing interest rates as of
4/05/2022 and project proceeds in the amount of $105.5M (i.e. assuming
execution of the Jupiter Funding Agreement), it is estimated to be $44,000,000.
The DA provides that JSL may request to increase the Project Proceeds to an
amount not to exceed $126,000,000 as a function of it having secured additional
funding contributions, or the applicable market interest rates for the sale of
the County Bonds being more favorable that the 3.98% interest rate assumption
used to calculate the Project Proceeds. The increase in Project Proceeds, if
requested by JSL, will be used to fund Tourism
Improvements or improvements within the scope of work. The Restated SFUA amends
and restates the SFUA to: 1) extend the term to April 30, 2049; 2) finance and
fund the RDCS Renovation Project; and 3) update various provisions related to
operation, maintenance, renewal/ replacement (R/R), and marketing services,
among others. The Restated SFUA will enter into full force and effect as of the
date of sale of County Bonds, at which time it will replace and supersede the
existing SFUA in its entirety. Through the course of negotiations and in
preparation for the Renovation Project, JSL has incurred preliminary
expenditures as defined under 26 CFR Sec.1.150-2, which can
be reimbursed up to an amount not to exceed 20% of bonds proceeds. Staff
is requesting approval of a budget transfer from the TDC Reserves Fund to the
Public Building Improvement Fund in order to pay for preliminary expenses
incurred, and for project expenses to be incurred,
prior to bonds issuance. Once the bonds are issued, a
budget transfer will be completed to restore the TDC Reserve Fund. The funding
source for this future obligation will be from the 1st/4th
cent Bed Tax and there is no ad valorem contribution, other than staff time. Due to the unique nature of these agreements, County staff notes
the following contract provisions that differ from the County’s standard
language: 1) In the DA, JSL as the Developer of the Renovation Project
disclaims all warranties related to the work, since JSL’s consultants and
contractors will be providing such warranties as to the work; 2) In both the DA and the Restated SFUA, JSL and
the County agree to attempt dispute resolution including mediation prior to
filing a lawsuit for default; 3) In the DA, JSL and County mutually waive
consequential damages; 4) In both the DA and the Restated SFUA, JSL and County
mutually waive their rights to a jury trial; and 5) The County has no right to
terminate for convenience in either the DA or the Restated SFUA. (FDO
ADMIN) District 1/Countywide
(MWJ)
MAY 17, 2022
5. REGULAR AGENDA
D. PARKS & RECREATION
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
June 14, 2022 at 9:30 a.m.: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter
21, of the Palm Beach County Code (Ordinance
2019-001); pertaining to Parks and Recreation: amending Section 21-18 of
the Palm Beach County Code (definitions); Section 21-19 of the Palm Beach County
Code (regulation of vehicles within parks); Section 21-20 of the Palm Beach County
Code (buildings and other properties); Section 21-25 of the Palm Beach County Code
(boating); Section 21-32 of the Palm Beach County Code (animals); Section
21-35 of the Palm Beach County Code (park usage); Section 21-36 of the Palm Beach
County Code (commercial activities); Section 21-39 of the Palm Beach County Code
(sound disturbances); Section 21-40 of the Palm Beach County Code (aircraft); Section
21-45 of the Palm Beach County Code (enforcement); providing for savings
clause; providing for repeal of laws in conflict; providing for severability;
providing for inclusion in the code of laws and ordinances of Palm Beach County;
and providing for an effective date. SUMMARY: Staff
has determined the need to amend Chapter 21, Article 2 of the Palm Beach County
Code (Parks and Recreation) to conform to state law and provide better
management of park property. In addition to several administrative
modifications, the proposed code changes will:
·
Specify the latitude and longitude of identified
Idle Speed No Wake Zones within 200’ feet of fresh water boat ramps as required
by the Florida Fish and Wildlife Conservation Commission to permit buoy
placement per Florida State Statute;
·
Include language prohibiting adults 18 years or
older from entering or remaining in a designated children’s play area, unless
the adult is supervising and/or accompanying children who are using the
designated children’s play area;
·
Clarify the language regarding sound disturbances in
parks; and
Modernize the language regarding aircraft to
address the responsible operation of remote controlled airplanes, helicopters,
drones and other aerial apparatus consistent with Federal Aviation
Administration regulations and Florida State Statute to ensure the safety of
park patrons and nesting wildlife. Countywide (AH)
MAY 17, 2022
5. REGULAR AGENDA
E. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida;
approving the issuance of Housing Finance Authority of Palm Beach County,
Florida, Multifamily Housing Revenue Bonds (Island Cove Apartments) in the
principal amount of $20,000,000 (the Bonds). SUMMARY: The Bonds are
being issued by the Housing Finance Authority of Palm Beach County, Florida
(the Authority), to finance the costs of acquiring, constructing and equipping
a multifamily rental housing facility containing approximately 60 units to be
known as Island Cove (the Project). The
Project will be located on SW 8th Street, southeast of the
intersection of SW 8th Street and SW 13th Avenue in the City of
Delray Beach, Florida. Pursuant to Section
147(f) of the Internal Revenue Code of 1986, as amended (the Code) these units
will be rented to qualified persons and families whose household incomes do not
exceed 80% of area median income ($73,600 for a family of four). As a result of the
HFA, SAIL and SAIL ELI loans from the Florida Housing Finance Corporation this
project will have a 50-year affordability period. The borrower is Island Cove,
LLC, a Florida limited liability company, or an affiliate thereof (the Borrower),
and the developer is SHAG Island Cove, LLC. The Bonds will be payable solely from revenues derived from the Borrower and/or
other collateral provided by or on behalf of the Borrower. Bryant Miller Olive P.A.
is Bond Counsel to the Authority with respect to the Bonds, and TD Bank, N.A.
or an affiliate thereof will be the direct purchaser of the Bonds. On April 8,
2022, the Authority held a public hearing with respect to the Bonds in the
noticed principal amount of $20,000,000 as required by the Code. The Authority previously held a
public hearing for the Project in 2021 with subsequent approval by the BCC;
however because the proposed principal amount of the Bonds has increased from
$10,000,000 to $20,000,000, another public hearing and BCC approval is
required. Neither the taxing power nor the faith and credit of the County
nor any County funds are pledged to pay the principal,
redemption premium, if any, or interest on the Bonds. District 7 (DCB)
MAY 17, 2022
5. REGULAR AGENDA
E. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
2. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
authorizing the issuance of one or more series of Revenue Bonds by the Palm
Beach County Health Facilities Authority in an aggregate principal amount not
to exceed $200,000,000 (the Bonds) for the purpose of financing and refinancing
the Jupiter Medical Center Project. SUMMARY: Jupiter Medical Center, Inc. (JMC) has requested the
Palm Beach County Health Facilities Authority (Authority) issue tax-exempt
Revenue Bonds in an amount not to exceed $200,000,000, pursuant to a TEFRA
public hearing held by the Authority on April 19, 2022. The bonds will be issued by
the Authority for the purpose of providing funds to loan to JMC to be used to:
(i) pay capital expenditures for the hospital and other healthcare facilities
located at the JMC main campus at 1210 South Old Dixie Highway, Jupiter,
Florida 33458; (ii) potentially provide funds for the refunding of all or a
portion of the Authority’s Hospital Revenue Bonds (Jupiter Medical Center
Project), 2013 Series A previously issued by the Authority to finance
improvements to JMC’s healthcare facilities at the location described above;
and (iii) pay certain expenses incurred in connection with the authorization,
issuance and sale of the Bonds (collectively, the Project). All
facilities to be financed and refinanced by the Bonds
are owned and operated by JMC. Approval by an elected body is required by the Internal Revenue
Code; however, adoption of this resolution does not in any way obligate
the County. Neither the taxing power nor the faith and credit of the County nor any
County funds, shall be pledged to pay the principal,
premium, if any, or interest on the Bonds.
District 1 (DB)
MAY 17, 2022
5. REGULAR AGENDA
F. ENGINEERING &
PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a budget transfer of $206,910 in the General
Fund from Contingency Reserves to the County Transportation Trust Fund; and
B) a budget amendment of $206,910 in the
County Transportation Trust Fund to recognize the transfer and appropriate it
to Bridge Improvements/Major Repairs for the George Bush Boulevard Bascule
Bridge (GBBBB).
SUMMARY: The GBBBB over the Intracoastal Waterway was
originally built in 1949 and has been maintained and inspected on a
regular basis for the last 72 years.
During a bridge opening on March 3, 2022, one of the shafts sheared into
two pieces, essentially leaving the GBBBB inoperable and unable to close. The
GBBBB was closed for 57 days for repairs and was fully
operational on April 29, 2022. The budget transfer and budget amendment
are necessary to fund the emergency repairs for the GBBBB. RoadSafe
Traffic Systems provided traffic control labor and devices. H&H provided expert
bascule bridge inspection, analysis, and coordination, including
installation of replacement bridge machinery components. Steward Machine Co., Inc., fabricated
replacement parts, including shaft, bearing, and bolts. Due to the age and condition of the GBBBB,
the Engineering Department and H&H recommend continuous monitoring of the two bascule leaves. Monitoring will be done by H&H will include strain gauge
testing and cursory inspection of the operating machinery, and a report
documenting the results. The estimated
cost per monitoring visit is $3,000. The
initial monitoring period will be bi-monthly, which may be
reduced to monthly depending on how the GBBBB continues to operate. The estimated initial monitoring costs are
$72,000 per year. A written contract will be prepared to outline the terms and
conditions for the required monitoring. Districts 4 & 7 (YBH)
* * * * * * * * * * * *
MAY 17, 2022
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MAY 17, 2022
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
MAY 17, 2022
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Request
for off-site Proclamation declaring June 2022 as the 10th Annual
Florida Association of Latino Administrators and Superintendents Month in Palm
Beach County
Request
for off-site Proclamation declaring June 2022 as the 10th Annual
Hispanic/Latino Studies Summer Institute Month in Palm Beach County
Request
for off-site Proclamation declaring June 2022 as Freedom to Read during LGBTQ
Pride Month
Request for off-site Proclamation recognizing the 30th
Anniversary of the West Palm Beach 7th Day Baptist Church
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER MELISSA MCKINLAY
District 7 – COMMISSIONER MACK BERNARD
MAY 17, 2022
9. ADJOURNMENT
"If a person decides to appeal any
decision made by this Commission with respect to any matter considered at this
meeting or hearing, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal
is to be based."