September 13, 2022

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

SEPTEMBER 13, 2022

 

PAGE             ITEM

 

13                     3A-3                 REVISED SUMMARY:  The Tax Collector has constructed a new facility known as the Westlake Service Center located at 16440 Town Center Parkway South, Westlake, Florida 33470 and has leased property from the State of Florida and is constructing a new facility adjacent to the North County Judicial Complex to be known as the North County Service Center.  Upon completion of the new facility in North Palm Beach Gardens, the Tax Collector will close the facility located in the North County Judicial Complex and move to the new facility in North Palm Beach Gardens, allowing that space to be better utilized by the County. The Florida Constitution requires that the Board of County Commissioners approve by resolution the use of branch offices by the Tax Collector for the conduct of County business. (Admin)

 

85                     6B-2                 MOVED TO PUBLIC HEARING (NOW 5G-1)

 

93                     6G-1                 REVISED MOTION AND SUMMARY: Staff recommends motion to receive and file: a fully executed XII Federation of International Polo, World Polo Championship Agreement (Agreement) for the Federation of International Polo, World Polo Championship (WPC) with Global Polo Entertainment, Inc. (GPE), USPA Global Licensing, Inc. (USPAGL), and the Palm Beach County Sports Commission, Inc. (PBCSC), for $100,000 for the promotion of Palm Beach County through the Federation of International Polo, World Polo Championship (WPC) related marketing and events hosted in Palm Beach County. This agreement is between the Sports Commission and the GPE in which Palm Beach County is not a party to this item. SUMMARY:  Recently the property, which has been known as the International Polo Club was sold to the United States Polo Association (USPA) and renamed the USPA National Polo Center, with that sale came a commitment from the GPE to host the WPC. The WPC is considered the Olympics of polo and is expected to generate 4,640 room nights in Palm Beach County during the two weeks of competition.  These room nights are based on eight polo teams/400 participants from around the World, including players, equestrian sport staff, barn managers, grooms, exhibitors, and vendors with an additional 2,500 traveling spectators from Latin America, Europe, and the United States.  Estimated spending in Palm Beach County will produce an approximate economic impact of $5,051,881. This Agreement is between the PBCSC, GPA, and USPAGL, to which Palm Beach County is not a party. The investment funding from Palm Beach County through the agreement with the PBCSC and is budget through the special events line item which funding Tourist Development Council (TDC) Sports Commission Agency budget will not exceed $100,000 as approved by the Sports Commission PBCSC and the Tourist Development Council. TDC. As part of the Agreement Palm Beach County will be featured prominently as the Title Sponsor on all marketing vehicles, including social media, digital and print publications. In addition, two 30-second commercials will be aired, one on Global Polo TV during the opening game and re-aired during the final game and the second on ESPN linear broadcast and on-demand during the opening game.  Recognition during the trophy ceremony and introductions to Federation of International Polo representatives will create opportunities to build relationships for future events and solidify Palm Beach County as the headquarters for U.S. Polo. (TDC)

 

 

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


           

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

SEPTEMBER 13, 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 12-74)

 

 4.        SPECIAL PRESENTATIONS (Page 75)

 

 5.        PUBLIC HEARINGS - 9:30 A.M. (Pages 76-81)

 

 6.        REGULAR AGENDA (Pages 82-93)

 

 7.        BOARD OF COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD (Page 94)

 

 8.        BOARD APPOINTMENTS (Page 95)

 

 9.        STAFF COMMENTS (Page 96)

 

10.       BCC COMMENTS (Page 97)

 

11.       MATTERS BY THE PUBLIC – 2:00 P.M. (Page 98)

 

12.       ADJOURNMENT (Page 99)

 

* * * * * * * * * * *


SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A. ADMINISTRATION

Page 12

            3A-1    Ratify appointment to the Treasure Coast Regional Planning Council

            3A-2    Donation Agreement between the Supervisor of Elections, the School Board of Palm Beach County and Palm Beach County providing for the donation of 300 mobile storage cabinets

Page 13

            3A-3    Resolution acknowledging the acquisition of a new facility by the Tax Collector to expand its services and authorizing branch offices for the conduct of County Business

 

B. CLERK & COMPTROLLER

Page 13

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

3B-4    Receive and file proof of publications for Unclaimed Monies

 

C. ENGINEERING & PUBLIC WORKS

Page 14

            3C-1   Contract with Municipal Contractors Inc. for the Ellison Wilson Road and Universe Boulevard Intersection Improvements project

            3C-2   Contract with Municipal Contractors, Inc. for the Northlake Boulevard and Military Trail Intersection Improvements project

            3C-3   Contract with R&D Paving, LLC for the Lyons Road/Sansbury’s Way buffered bike lines project

Page 15

            3C-4   Resolution approving agreement with the State of Florida Department of Transportation for the Seminole Boulevard from Oswego Avenue to Okeechobee Boulevard project

            3C-5   Budget amendment from the Westgate Belvedere Homes Community Redevelopment Agency for the Cherry Road from Military Trail to Quail Drive project

Page 16

            3C-6   Amendment to contract with general Asphalt Co., LLC recognizing the firm’s name change

            3C-7   Work order to contract with General Asphalt Co., LLC for the Pipers Glen Boulevard from Jog Road to Military Trail project

 

D. COUNTY ATTORNEY

Page 17

            3D-1   Receive and file official transcript for the closing of the Tuscan Gardens Delray Beach Senior Living Facilities Refunding Bonds

 

 

 

 

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

E. COMMUNITY SERVICES

Pages 17-18

            3E-1    Amendments to contracts with seven agencies for services provided under the CARES Act

Page 19

            3E-2    Reappointments to the Citizens Advisory Committee on Health and Human Services

Page 20

            3E-3    Receive and file subrecipient agreement with Gulfstream Goodwill Industries, Inc. for provision of food services

            3E-4    Amendment to contract with Adopt-A-Family of the Palm Beaches, Inc. for operation of REACH to provide emergency shelter for families in need

Page 21

            3E-5    Amendment to contract with Florida Association of Recovery Residences, Inc. for the provision of education, training and engaging FARR certified recovery residences

Page 22

            3E-6    Receive and file Comprehensive Opioid Abuse Program Award with the Department of Justice for an additional 12 months

Page 23

            3E-7    Amendment to contract with Palm Beach County Food Bank, Inc. to provide food distribution services to the low-income residents of Palm Beach County

 

F. AIRPORTS

Page 24

            3F-1    Receive and file amendment with the Florida Department of Transportation for the Conversion of Gate B1 to International Gate project

            3F-2    Reappointment to the Citizens’ Committee on Airport Noise

Page 25

            3F-3    Airport Baggage Cart Concessions Agreement with Smarte Carte, Inc.

            3F-4    Two Rental Car Lease Concession agreements

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 26

            3G-1   Negotiated settlement offer with Rogelio R. Riveron for full satisfaction of two code enforcement liens

            3G-2   Authorize the County Administrator or designee to process budget amendments within the ARPA Response Projects Fund

Page 27

            3G-3   Budget documents recognizing school impact fee revenues

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 28

            3H-1   Ratify emergency work order to Farmer & Irwin Corp. for the Water Treatment Plant #11 HVAC Replacement project

Page 29

            3H-2   Work order to contract with Andrea Construction, Inc. for the Palm Beach Sheriff’s Office K-9 Parking Lot Surface, Canopies and Restroom Renovations project

Page 30

            3H-3   Work order to contract with D.A.C. Air Conditioning Corp. for the Water Utilities Department Southern Region Water Reclamation Facility Building A, J, and JJ – HVAC Replacements project

Page 31

            3H-4   Work order to contract with Randolph Construction Group, Inc. for the Four Points – Youth Services 2nd Floor Renovations project

Page 32

            3H-5   Receive and file change order to amendment to contract with Kaufman Lynn Construction, Inc. for the Canyon District Park – Phase 1 project

Page 33

            3H-6   Change order to amendment to contract with Kast Construction Company LLC for the Palm Beach Sheriff’s Office Headquarters Renovation project

Page 34

            3H-7   Utility easement in favor of the City of Delray Beach for a water main, sewer main and equipment to service the Palm Tran South County Facility

            3H-8   Receive and file notice of exercise of the fourth extension option under the lease agreement with Verizon Wireless Personal Communications, L.P. for antennas at the Southern Region Water Reclamation Facility

Pages 35-36

            3H-9   Change order and amendments to contract with Hedrick Brothers Construction Co, Inc. for the Main Detention Center East and South Towers project

Page 37

            3H-10 Contract with Ovations Food Services, L.P. for food and beverage operation services at the Palm Beach County Convention Center

           

I. HOUSING AND ECONOMIC DEVELOPMENT

Page 38

            3I-1     Nomination of Robin Henderson as Chairperson of the Housing Finance Authority of Palm Beach County, Florida

            3I-2     Engagement letter for accounting services between the Housing Finance Authority of Palm Beach County, Florida and Weinstein Zugman, LLC

Page 39

            3I-3     Receive and file amendment to agreement with the Town of Lake Park for playground improvements at Lake Shore Park

            3I-4     Receive and file purchase agreement to RELX U.S. Holdings, Inc.

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

I. HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

Page 40

            3I-5     Receive and file renewal of data sharing agreement with the Florida Department of Economic Opportunity

            3I-6     Amendment to contract between the Housing Finance Authority of Palm beach County, Florida and Greenberg Traurig, P.A. and Bryant Miller Olive P.A. for bond and disclosure counsel

Page 41

            3I-7     Interlocal agreement with the Florida Atlantic Research and Development Authority

            3I-8     Agreement with the Florida Atlantic University Board of Trustees

            3I-9     Agreement with the Palm Beach County Film and Television Commission, Inc.

Page 42

            3I-10   Agreement with the Palm Beach County Black Business Investment Corporation

 

J. PLANNING, ZONING & BUILDING

Page 42

            3J-1    Reappointments to the Historic Resources Review Board

Page 43

            3J-2    Reappointments to the Building Code Advisory Board

 

K. WATER UTILITIES

Page 44

            3K-1    Supplement to work authorization to contract with Hinterland Group Inc. for the Gravity Main and Manhole Rehabilitation project

Page 45

            3K-2    Receive and file Standard Potable Water and Wastewater Development Agreements for April and May, 2022

            3K-3    Resolution amending the Special Assessment process for the Chapel Road Water Main Extension project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 46

            3L-1    Resolution requesting support from the State of Florida Department of Environmental Protection for the Palm Beach County Shore Protection projects

            3L-2    Receive and file task assignment change order with the Florida Fish and Wildlife Conservation Commission

Page 47

            3L-3    Receive and file task assignment to the contract with the State of Florida, Department of Environmental Protection for routine petroleum storage compliance inspections

            3L-4    Receive and file task assignment to contract with the State of Florida, Department of Environmental Protection for cleanup of petroleum contamination sites

 

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

M. PARKS & RECREATION

Page 48

            3M-1   Receive and file sponsorship agreement with Vic Canales Media Group, LLC

            3M-2   Receive and file two entertainment contractor agreements

Page 49

            3M-3   Receive and file amphitheater rental agreement for DEUTERMANPRODUCTIONS.COM.LLC

            3M-4   Receive and file three amphitheater rental agreements with AEG Presents SE, LLC

Page 50

            3M-5   Receive and file five sound and light production service contractor agreements

            3M-6   Receive and file special events rental agreement with Full-A-Vybez Ent LLC

Page 51

            3M-7   Receive and file national recreation and park association grant agreement

            3M-8   Receive and file two first amendments to independent contractor agreements

Page 52

            3M-9   Receive and file resident caretaker lease agreement with Diego Torres-Malaga

            3M-10 Receive and file tee time advertising and sales agreement with Can-Am Golf Ventures, LLC

 

N. LIBRARY

Page 53

            3N-1   Application to the Florida Department of State, Division of Library and Information Services, for State Aid to Libraries

 

P. COOPERATIVE EXTENSION SERVICE

Page 53

            3P-1    Agreement with Friends of Mounts Botanical Garden, Inc. for partial funding of a horticulturist position

Page 54

            3P-2    Agreement with Friends of Mounts Botanical Garden, Inc. for partial funding of a gardener position

            3P-3    Agreement with the Palm Beach Soil and Water Conservation District to provide soil and water resource conservation services for FY 2023

 

Q. CRIMINAL JUSTICE COMMISSION

Page 55

            3Q-1   Contract with the Southeast Florida Behavioral Health Network for the Frequent Utilizer – “Next Steps’ pilot project

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

S. FIRE RESCUE

Page 56

3S-1    Receive and file two standard swimming lesson agreements

3S-2    Emergency services agreement with the Village of Tequesta for fire-rescue dispatch and related communication services

Page 57

3S-3    Interlocal agreement with the City of Boca Raton for Hazardous Materials Emergency Response Services

3S-4    Interlocal agreement with the City of Delray Beach for Hazardous Materials Emergency Response Services

Page 58

3S-5    Interlocal agreement with the City of West Palm Beach for Hazardous Materials Emergency Response Services

3S-6    Memorandum of Agreement with the Children’s Services Council of Palm Beach County for the Drowning Prevention Coalition

3S-7    Donation agreement with the Palm Beach County Sheriff for a vehicle and supporting equipment

 

U. INFORMATION SYSTEMS SERVICES

Page 59

            3U-1   Amendment to interlocal agreement with the City of Atlantis for network services

 

X. PUBLIC SAFETY

Page 59

            3X-1    Receive and file contractual service agreements with the Fifteenth Judicial Circuit

Page 60

            3X-2    Contract with Legal Aid Society of Palm Beach County, Inc. for provision of civil legal services to indigent citizens

Page 61

            3X-3    Receive and file amendment to contract with the Drug Abuse Foundation of Palm Beach County, Inc.

Page 62

            3X-4    Contract with the Battered Women’s Justice Project, Inc. for domestic violence training for law enforcement

Page 63

            3X-5    Receive and file grant adjustment modification with the U.S. Department of Justice, Office of Justice Programs to support eh Victims of Human Trafficking Program

Page 64

            3X-6    Reappointment to the Consumer Affairs Hearing Board

 

 

 

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

AA. PALM TRAN

Page 65

            3AA-1 Reappointments to the Palm Tran Service Board

 

BB. YOUTH SERVICES

Page 66

            3BB-1 Receive and file amendment to agreement with the Florida Department of Children and Families

            3BB-2 Receive and file agreement with the School Board of Palm Beach County for classroom instruction at the Highridge Family Center

 

CC. SHERIFF

Page 67

            3CC-1 Receive and file modification to grant award with the Department of Justice, Office of Justice Programs

            3CC-2 Receive and file subgrant agreement with the Florida Division of Emergency Management

            3CC-3 Memorandum of Agreement with the City of Miami for a FY21 Urban Area Security Initiative Grant

 

DD. COMMISSION ON ETHICS

Page 68

            3DD-1 Memorandum of Understanding with the Lake Worth Community Redevelopment to engage the services of the Palm Beach County Commission on Ethics

 

EE. TOURIST DEVELOPMENT COUNCIL

Page 69

            3EE-1 Receive and file three grant agreements managed by the Palm Beach County Sports Commission, Inc.

Page 70

            3EE-2 Receive and file two grant agreements managed by the Palm Beach County Sports Commission, Inc.

Page 71

            3EE-3 Receive and file two grant agreements managed by the Palm Beach County Sports Commission, Inc.

            3EE-4 Agreement with the Cultural Council of Palm Beach County, Inc.

Page 72

            3EE-5 Agreement with the Film & Television Commission, Inc.

            3EE-6 Agreement with the Palm Beach County Sports Commission, Inc.

Page 73

            3EE-7 Amendments to agreements with the Palm Beach County Sports Commission, Inc, the Film & Television Commission, Inc. and the Cultural Council of Palm Beach County, Inc.

 

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

EE. TOURIST DEVELOPMENT COUNCIL (Cont’d)

Page 74

            3EE-8 Amendment with Discover Palm Beach County for the provision of services under the County’s Tourist Development Plan. 

            3EE-9 Agreement with Discover Palm Beach County for the provision of services under the County’s Tourist Development Plan

 

 

SPECIAL PRESENTATIONS

Page 75

            4A       Certificate of Recognition to Lawrence Mundy

            4B       Lagoon Keepers Day

            4C       Hunger Action Month

            4D       Senior Month

            4E       Disability Voting Rights Week

            4F       Jack and Barbara Nicklaus Day

            4G       Diaper Need Awareness Week

            4H       The Guatemalan – Maya Center Day

            4I         National Firefighter Memorial Weekend

            4J        Hispanic Heritage Month

            4K       National Preparedness Month

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. PUBLIC SAFETY

Page 76

            5A-1    Issuance of COPCN to the Town of Highland Beach

 

            B. WATER UTILITIES

Page 77

            5B-1    Postpone resolution confirming the Special Assessment Roll for the 80th Lane North Water Main Extension project

 

            C. PLANNING, ZONING & BUILDING

Page 78

            5C-1   Ordinance adopting an Interlocal Service Boundary Agreement with the City of Greenacres

 

            D. HOUSING AND ECONOMIC DEVELOPMENT

Page 79

            5D-1   Resolution designating property located at 5976 Okeechobee Boulevard as a Brownfield Area

 

 

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

PUBLIC HEARINGS – 9:30 A.M.

 

E. PALM TRAN

Page 80

            5E-1    Resolution approving the 2022 update to the Title VI Program

 

            F. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 81

            5F-1    Ordinance amending the Palm Beach County Unified Land Development Code related to Impact Fees

 

 

REGULAR AGENDA

 

A. AIRPORTS

Page 82

            6A-1    Agreement with AVCON, Inc. related to the Airports’ Capital Improvement Program

Page 83

            6A-2    Contract with All Florida Contracting Services, LLC for the Fuel Farm Emergency Generator project at Palm Beach County Glades Airport

 

            B. ADMINISTRATION

Page 84

            6B-1    Resolution establishing non-ad valorem special assessments pursuant to the Palm Beach County Local Provider Participation Fund Ordinance

Page 85

            6B-2    Ordinance amending the Palm Beach County Code related to fair notice of termination of residential tenancies

 

            C. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY

Page 86

            6C-1   Resolution approving the Westgate/Belvedere Homes Community Redevelopment Agency’s FY 2023 budget

            6C-2   Resolution authorizing the Westgate/Belvedere Homes Community Redevelopment Agency to issue a revenue note

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

D. HOUSING AND ECONOMIC DEVELOPMENT

Page 87

            6D-1   State Housing Investment Partnership Program award to Davis Commons, LLC with the Community Land Trust of Palm Beach County and the Treasure Coast

Page 88

            6D-2   Proposed FY 2022-2023 State Housing Initiatives Partnership Program budget allocations for affordable housing strategies

Page 89

            6D-3   Budget amendment to the Affordable Housing Trust Fund 2023-2022 budget

Page 90

            6D-4   Resolution approving the issuance of Housing Finance Authority of Palm Beach County, Florida bonds for Calusa Pointe II

 

            E. FACILITIES DEVELOPMENT AND OPERATIONS

Page 91

            6E-1    Termination of interlocal agreement with the Town of Lake Park and acceptance of and reallocation of Waterfront Access Bond fund to the Peanut Island Improvements project

 

F. PARKS & RECREATION

Page 92

            6F-1    Memorandum of Understanding with the City of Riviera Beach, the Town of Palm Beach and the Town of Palm Beach Shore for use of Peanut Island

 

G. TOURIST DEVELOPMENT COUNCIL

Page 93

            6G-1   Receive and file XII Federal of International Polo, World Polo Championship Agreement with Global Polo Entertainment, Inc. for promotion of Palm Beach County

 

BOARD OF COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD

Page 94

            7A-1    Appointments to the Child Care Advisory Council

 

BOARD APPOINTMENTS (Page 95)

 

STAFF COMMENTS

Page 96

            9A-1    Receive and file updated Board Directive Reports

 

COMMISSIONER COMMENTS (Page 97)

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 98)

ADJOURNMENT (Page 99)


SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to ratify: the following Palm Beach County League of Cities (League) representative to the Treasure Coast Regional Planning Council (TCRPC), beginning September 13, 2022 to December 31, 2022:

 

Nominee                                                       Seat No.        Representing

 

Alternate appointment:

Yvette Drucker, Council Member                 5A                City of Boca Raton

 

 

SUMMARY: In accordance with the TCRPC Rules of Order, the Board of County Commissioners (BCC) appointed its members and alternates for the coming year before the Council’s annual meeting on December 10, 2021. The TCRPC Rules of Order also require the BCC ratify the League’s members. The League appointed the above municipal representative at their July, 2022 meeting. Countywide (DL)

 

2.         Staff recommends motion to approve: a Donation Agreement between the Supervisor of Elections (SOE), the School Board of Palm Beach County (School District) and Palm Beach County providing for the donation of 300 mobile storage cabinets to the School District. SUMMARY: The SOE is currently in possession of 300 mobile storage cabinets that have been classified as surplus because of the inefficiencies of their continued use. The storage cabinets are not able to accommodate recently purchased polling equipment because of the size and configuration of the new elections equipment. The SOE has confirmed the School District would like to use the mobile storage cabinets. A donation of these cabinets to the School District will allow for continued use of otherwise good equipment. The surplus cabinets were originally purchased with County funds. According to PPM CW-O-067, as the cabinets have a fair market value of $40 each and the total overall dollar value threshold exceeds $1000, the SOE must ask for the Board of County Commissioner’s approval in order to donate the cabinets to the School District. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, acknowledging the acquisition of a new facility by the Tax Collector to expand its services and authorizing branch offices for the conduct of County Business. SUMMARY:  The Tax Collector has constructed a new facility known as the Westlake Service Center located at 16440 Town Center Parkway South, Westlake, Florida 33470 and has leased property from the State of Florida and is constructing a new facility adjacent to the North County Judicial Complex to be known as the North County Service Center.  Upon completion of the new facility in North Palm Beach Gardens, the Tax Collector will close the facility located in the North County Judicial Complex and move to the new facility in North Palm Beach Gardens, allowing that space to be better utilized by the County. The Florida Constitution requires that the Board of County Commissioners approve by resolution the use of branch offices by the Tax Collector for the conduct of County business. Countywide (AH)

 

 

B.        CLERK & COMPTROLLER

 

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

 

2.         Staff recommends motion to approve:  the following final minutes of the Board of County Commissioners’ meetings:

 

                        Meeting Date                                   Meeting Type

                        March 29, 2022                                Workshop

                        April 12, 2022                                   Regular

 

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

 

4.         Staff recommends motion to receive and file proof of publications: “Unclaimed Monies” advertised by the Clerk of the Circuit Court & Comptroller of Palm Beach County. SUMMARY: Pursuant to Section 116.21, Florida Statutes, the Clerk advertised certain unclaimed monies held which are subject to forfeiture to Palm Beach County. Section 116.21, Florida Statutes, requires that the proof of publication “shall be filed and recorded in the minutes of the County Commission of such county.” Countywide

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: a contract with Municipal Contractors, Inc. (MCI) in the amount of $230,186 for the construction of the Ellison Wilson Road and Universe Boulevard Intersection Improvements (Project). SUMMARY: Approval of this contract will authorize the construction services necessary to resurface Ellison Wilson Road at Universe Boulevard, add a northbound right turn lane and replace the sidewalk. The Affirmative Procurement Initiative selected for this contract on February 2, 2022 by the Goal Setting Committee is a 20% minimum mandatory Small Business Enterprise (SBE) participation. MCI agreed to 99% SBE participation. Bids for the contract were received by the Engineering Department on April 26, 2022. MCI was the lowest responsive bidder of six. The contract time for the Project is 120 calendar days. MCI has an office located in Palm Beach County and is a certified SBE company. This Project is included in the Five-Year Road Program. District 1 (YBH)

 

2.         Staff recommends motion to approve: a contract with Municipal Contractors, Inc. (MCI) in the amount of $303,000 for the construction of the Northlake Boulevard and Military Trail Intersection Improvements (Project). SUMMARY: Approval of this contract will authorize the construction services necessary to mill and resurface along Northlake Boulevard at Military Trail and extend the existing eastbound left turn lanes. The Affirmative Procurement Initiative selected for this contract on February 2, 2022 by the Goal Setting Committee is a 20% minimum mandatory Small Business Enterprise (SBE) participation. MCI agreed to 94.15% SBE participation. Bids for the contract were received by the Engineering Department on May 17, 2022. MCI was the lowest responsive bidder of three. The contract time for the Project is 120 calendar days. MCI has an office located in Palm Beach County and is a certified SBE company. This Project is included in the Five-Year Road Program. District 1 (YBH)

 

3.         Staff recommends motion to approve: a contract with R & D Paving, LLC (RDP) in the amount of $5,862,084.91 for the construction of Lyons Road/Sansbury’s Way buffered bike lanes (Project). SUMMARY:  Approval of this contract will authorize the construction services necessary to widen Lyons Road/Sansbury’s Way to add buffered bike lanes from Forest Hill Boulevard to Okeechobee Boulevard. Because this Project is funded by a federal grant (R2021-1899) through the Florida Department of Transportation’s Local Agency Program, the Equal Business Opportunity Ordinance is not applicable. The Code of Federal Domestic Assistance number for R2021-1899 is 20.205 Highway Planning and Construction. This Project also includes relocation of utilities for the Water Utilities Department (WUD). WUD shall be responsible for operation and maintenance of the utility work upon completion of the Project. Bids for the contract were received by the Engineering Department on June 21, 2022. RDP was the lowest responsive bidder of five. The contract time for the Project is 360 calendar days. RDP has an office located in Palm Beach County. This Project is included in the Five-Year Road Program. Districts 2 & 6 (YBH)

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

4.         Staff recommends motion to:

 

A) adopt a resolution to approve the Local Agency Program (LAP) agreement with the State of Florida Department of Transportation (FDOT) in the amount of $942,000 for the construction of pedestrian lighting and multi-use trails on Seminole Boulevard from Oswego Avenue to Okeechobee Boulevard (Project);

 

B) approve the LAP agreement with FDOT which provides a federally funded grant in the amount of $942,000 for the Project with an expiration date of December 31, 2024; and

 

C) approve a budget amendment of $942,000 in the Capital Outlay fund to recognize the LAP agreement funding from FDOT and reimbursement funding from Westgate Belvedere Homes CRA (Westgate CRA) and appropriate it to the Project.

 

SUMMARY: Approval of this agreement and budget amendment will allow Palm Beach County (County) to receive a grant of $942,000 for the Project with a current estimated construction cost of $2,600,385. The Project will provide pedestrian lighting and multi-use trails along Seminole Boulevard. The local match is $1,658,385, which is 64% of the estimated Project cost. Westgate CRA entered into an Interlocal Agreement (R2021-0467) with the County whereby Westgate CRA agreed to be responsible for all costs above the grant amount and maintenance of the improvements after the Project is complete. The Catalog of Federal Domestic Assistance number for this grant is 20.205 Highway Planning and Construction. The start date of the LAP agreement shall be upon its full execution and it will expire on December 31, 2024. District 7 (YBH)

 

5.         Staff recommends motion to approve: a budget amendment in the amount of $328,550 in the Capital Outlay Fund to recognize reimbursement funding from the Westgate Belvedere Homes Community Redevelopment Agency (Westgate CRA) and appropriate it to Cherry Road from Military Trail to Quail Drive (Project). SUMMARY:  Approval of this budget amendment will allocate the funding necessary to design the Project. The Westgate CRA received a Local Agency Program federally funded grant through the Florida Department of Transportation for the construction of the Project, which will provide a sidewalk, a multi-use pathway and pedestrian lighting along Cherry Road. Palm Beach County will administer the Project on behalf of Westgate CRA. The Westgate CRA is responsible for all costs for the Project above the grant amount. Districts 2 & 7 (YBH)

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

6.         Staff recommends motion to approve:

 

A) Amendment No. 1 (Amendment) to the Annual Milling and Resurfacing Construction Contract (R2021- 0986), dated August 17, 2021 (Contract) with General Asphalt Co., LLC (General), f/k/a General Asphalt Company, Inc. to recognize the firm’s name change; and

 

B) Work Order 2021050-10 in the amount of $363,000 to mill and resurface SW 8th Street from SW 65th Avenue to Boca Rio Road utilizing Palm Beach County’s (County) Contract R2021-0986, as amended, with General.

 

SUMMARY: Approval of this Amendment will recognize that General filed with the state of Florida to officially change their name on December 21, 2021. Per County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC). Approval of this work order will allow the contractual services necessary to construct the improvements. This is the first work order to be issued under General’s $50 million Contract that was approved by the BCC on August 17, 2021. This Contract is one of three contracts that had an available total of $50 million for the annual asphalt milling and resurfacing program. The Affirmative Procurement Initiative selected for this Contract on September 16, 2020 by the Goal Setting Committee is a 15% minimum mandatory Small Business Enterprise (SBE) participation. General agreed to 15% SBE participation for the Contract and for this work order. This project is included in the infrastructure sales tax. District 5 (YBH)

 

7.         Staff recommends motion to approve: Work Order 2021050-12 in the amount of $348,000 to mill and resurface Pipers Glen Boulevard from Jog Road to Military Trail utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2021-0986, as amended on September 13, 2022 (Contract) with General Asphalt Co., LLC (General). SUMMARY:  Per County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC). Approval of this work order will allow the contractual services necessary to construct the improvements. Prior to this meeting date, none of General’s $50 million Contract that was approved on August 17, 2021, by the BCC, has been spent or encumbered. This Contract is one of three contracts that had an available total of $50 million for the annual asphalt milling and resurfacing program. The Affirmative Procurement Initiative selected for this Contract on September 16, 2020 by the Goal Setting Committee is a 15% minimum mandatory Small Business Enterprise (SBE) participation. General agreed to 15% SBE participation for the Contract and for this work order. The cumulative SBE participation, including this work order is 15%. This project is included in the infrastructure sales tax. District 5 (YBH)

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to receive and file:  the official transcript for the closing of the $42,925,000 Tuscan Gardens Delray Beach (Palm Beach County, Florida) Senior Living Facilities Revenue Refunding Bonds Series 2021A; and $9,825,000 Tuscan Gardens Delray Beach Senior Living Facilities Revenue Refunding Bonds Series 2021B (Bonds).  SUMMARY:  The official transcript for the Bonds has been provided.  This transcript should now be received and filed in the Minutes Department.  Countywide (HJF)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:

 

A) Amendment No. 1 to contracts for Provision of Services with Rebel Recovery Florida, Inc. (R2022-0168), to extend the end date from September 30, 2022 to September 30, 2023, with no change to the total contract amount of $199,751, for the provision of homeless prevention services for Palm Beach County residents under the Coronavirus Aid, Relief and Economic Security (CARES) Act;

 

B) Amendment No. 1 to contracts for Provision of Services with Legal Aid Society of Palm Beach County, Inc. (R2021-0998), to extend the end date from September 30, 2022 to September 30, 2023 and decrease the contract amount by $650,000 for a new contract amount not-to-exceed $350,000, for the provision of Rapid Response Eviction Assistance Program services to assist PBC residents who are facing eviction due to the COVID-19 pandemic under the CARES Act;

 

C) Amendment No. 1 to Subrecipient Agreement with Southeast Florida Behavioral Health Network, Inc. (SEFBHN) (R2020-1648), to extend the end date from September 30, 2022 to September 30, 2023, with no change to the total contract amount of $1,000,000, for the provision of rapid re-housing services for individuals with substance use disorder, mental health or co-occurring disorders;

 

D) Amendment No. 2 to Subrecipient Agreement with Adopt-A-Family of the Palm Beaches, Inc. (R2021-0025), to extend the end date from September 30, 2022 to September 30, 2023, with no change to the total contract amount of $402,183, for the provision of homeless prevention services under the CARES Act;

 

E) Amendment  No. 2 to Subrecipient Agreement with Farmworker Coordinating Council of Palm Beach County, Inc. (R2021-0026), to extend the end date from September 30, 2022 to September 30, 2023, with no change to the total contract amount of $95,951, for the provision of homeless prevention services under the CARES Act;

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

1.         (Cont’d)

F) Amendment No. 2 to Subrecipient Agreement with Vita Nova, Inc. (R2021-0029), to extend the end date from September 30, 2022 to September 30, 2023, with no change to the total contract amount of $277,782, for the provision of homeless prevention services under the CARES Act; and

 

G) Amendment No. 2 to Subrecipient Agreement with The Lord’s Place, Inc. (The Lord’s Place) (R2021-0028), to extend the end date from September 30, 2022 to September 30, 2023 and increase the contract amount by $785,008, for a new contract amount not-to-exceed $1,264,091, for the provision of homeless prevention services under the CARES Act.

 

SUMMARY: On June 8, 2020, Palm Beach County received additional funding (ESG-CV2) to continue the response to the COVID-19 pandemic. ESG Program funds will be used to prevent, prepare for and respond to the COVID-19 pandemic among individuals and families who are homeless or receiving homeless assistance, to support additional homeless assistance, and homelessness prevention activities. These funds will assist approximately 991 individuals and families who are homeless, or at risk of homelessness due to the COVID-19 pandemic. The reduction in funding for Legal Aid is due to funding being made available through a different funding source for services currently being provided. Legal Aid will be able to continue their contracted activity with funding through the Emergency Rental Assistance Program. This allowed the additional funding to be used by The Lord’s Place for emergency shelter and homeless outreach services. Nancy McConnell, CEO of Rebel Recovery Florida, Inc., Kristina Rowe and Kimberly Rommel Enright, employees of Legal Aid and Tyrina Pinkney, employee of The Lord’s Place, are members of the Palm Beach County HIV Care Council. Linda Kane, employee of SEFBHN is a member of the Homeless Advisory Board. These boards provide no regulation, oversight, management, or policy-setting recommendations regarding the agencies listed above. Disclosure of these contractual relationships at a duly noticed public meeting is being provided in accordance with the provision of Section 2-443, of the Palm Beach County Code of Ethics. No County match is required. (Division of Human Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve: the reappointment of two current members to the Citizens Advisory Committee on Health and Human Services (CAC/HHS), effective October 1, 2022:

 

Seat No.

Reappointment

Seat Requirement

Term Ending

Nominated By

2

Dr. Merlene Ramnon

Florida Department of

Health Representative

   09/30/25

Mayor Weinroth

Vice Mayor Weiss

Comm. Marino

Comm. Kerner

Comm. Bernard

CAC/HHS

 

 

 

 

 

3

Dr. Thomas Cleare

A Component of the

Health and Human Services System of Care

   09/30/25

Mayor Weinroth

Vice Mayor Weiss

Comm. Marino

Comm. Kerner

Comm. Bernard

CAC/HHS

 

SUMMARY: The CAC/HHS consists of 11 at-large members with at least one member being a resident west of the 20 Mile Bend and at least one member being a representative of the Palm Beach County League of Cities, per Resolution R2013-1563. The resolution requires that the executive committee of the CAC/HHS solicit and recommend member nominations for transmittal to the Board of County Commissioners (BCC). The BCC was notified by memo dated June 8, 2022 requesting nominations for appointments. The CAC/HHS received the two reappointment applications and determined that both of the applicants would be beneficial to the board. All nominees meet all applicable guidelines and requirements outlined in the resolution. The CAC/HHS provides no regulation, oversight, management, or policy setting recommendations regarding the subject contracts or transactions. The diversity count for the nine seats that are currently filled is: Caucasian: 6 (67%), and African-American: 3 (33%). The gender ratio (female:male) is 7:2. Dr. Merlene Ramnon identifies as African-American and Dr. Thomas Cleare identifies as Caucasian. Ex-officio membership consists of one African-American male (25%), one African-American female, (25%), one Caucasian female (25%) and one Caucasian male (25%). Staff conducts targeted outreach to ensure candidates for appointments maintain a diverse composition of the CAC/HHS. (Financially Assisted Agencies) Countywide (HH)

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to receive and file: a Subrecipient Agreement with Gulfstream Goodwill Industries, Inc. (GGI), for the period February 1, 2022 through September 30, 2023 for the amount of $72,768, for the provision of food services to Palm Beach County residents who are experiencing homelessness at the COVID-19 shelter located in the city of Pahokee. SUMMARY: On June 8, 2020, Palm Beach County received additional funding in special Emergency Solutions Grant (ESG) Program funds to be used to prevent, prepare for and respond to the coronavirus pandemic (COVID-19) among individuals and families who are homeless or receiving homeless prevention assistance services. This agreement will provide meal kits to approximately 40 unduplicated individuals and families. The agreement was executed by the County Administrator in accordance with Agenda Item 6C-3, dated May 5, 2020, which delegated signature authority to the County Administrator or designee. 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. Mr. Joshua Butler, an employee of Gulfstream Goodwill Industries, Inc. is a member of the Homeless Advisory Board. The board does not provide any regulation, oversight, management, or policy-setting recommendation regarding the subject contract or transactions. Disclosure of these contractual relationships at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. No County funds are required.  (Division of Human Services) Countywide (HH)

 

4.         Staff recommends motion to approve: Amendment No. 1 to the contract for Provision of Services with Adopt-A-Family of the Palm Beaches, Inc. (R2021-0039) to increase the annual amount by $75,000, for the three year period October 1, 2020 through September 30, 2023, for the operation of Program Responding to Emergencies and Altering the Crisis of Homelessness (REACH), to provide emergency shelter for families in need, in an amount totaling $1,166,853, of which $338,951 was budgeted in Fiscal Year (FY) 2021 with an anticipated annual allocation of $413,951 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of this contract. SUMMARY: Program REACH (the Program) is administered by Adopt-A-Family, Inc. (AAF) and serves homeless families consisting of adults with minor dependent children who are residents of Palm Beach County. The increase in funding is needed due to an increase in operating costs to run the shelter, including staffing and insurance. Funding is available in FY 2022 through the Community Development Block Grant. Funding for FY 2023 is included in the Department’s Budget Request. Program REACH is open and staffed 24 hours a day, 365 days a year. The Program works in coordination with the Senator Philip Lewis Homeless Resource Center to meet the goals of the County’s Plan to end homelessness. AAF has served 103 families including 203 children. Of those served, 88% exited to permanent housing and remained stably housed. Countywide (HH)

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to approve: Amendment No. 1 to contract for Provision of Services with Florida Association of Recovery Residences, Inc. (FARR) (R2022-0269), to extend the end date from September 30, 2022 to September 30, 2023 and to increase the total amount by $60,000 for a new contract amount not-to-exceed $120,000, for the provision of providing education, training, and engaging FARR certified recovery residences regarding the Recovery Capital Index (RCI). SUMMARY: The FARR Recovery Capital Initiative seeks to educate, train and engage FARR certified recovery residences regarding the RCI. Palm Beach County has an interest in appropriately measuring long-term recovery outcomes in the recovery residence environment through the use of RCI. The aim of the project is to build recovery capital capacity within FARR certified recovery residences in Palm Beach County. The intent is to foster an environment that maximizes a resident’s opportunity to achieve long-term recovery through education, monitoring and measuring outcomes. FARR currently has 103 housing providers certified statewide, representing 1,492 locations and 6,384 beds. Palm Beach County accounts for 51 of the statewide recovery residence programs (49.5%), representing 635 locations (42.5%) and 2,712 beds (42.5%). Housing stability is a key predictor of achieving long-term recovery outcomes. As such, Palm Beach County has a keen interest in ensuring that recovery residences certified in the county are rigorously screened and monitored to provide safe and stable housing environments. Thus, another aim of this initiative is to make sure that FARR has sufficient capacity to also achieve housing stability for recovery residence residents utilizing the RCI. (Community Services Department) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         Staff recommends motion to:

 

A) receive and file Palm Beach County Comprehensive Opioid Abuse Program Award #2019-AR-BX-K023 (R2021-0781) Funded Award Details with the Department of Justice (DOJ) Comprehensive Opioids, Stimulants, Substance Abuse Program (COSSAP), for the period October 1, 2019 through September 30, 2023, to provide an additional12 months to complete the research for this project with no change to the original total amount of $1,200,000;

 

B) approve Amendment No. 1 to Subrecipient Agreement with Southeast Florida Behavioral Health Network, Inc. (SEFBHN) (R2021-0301), to extend the end date from September 30, 2022 to September 30, 2023 and to increase the total amount by $143,960 for a new contract amount not-to-exceed $1,097,880, to continue services under the DOJ COSSAP demonstration program; and

 

C) approve Amendment No. 1 to Interlocal Agreement with Florida Atlantic University (FAU) (R2021-0302),to extend the end date from September 30, 2022 to September 30, 2023 and to increase the total amount by $63,000 for a new contract amount not-to-exceed $189,000, to continue research services under the DOJ COSSAP demonstration program.

 

SUMMARY: The DOJ approved a one-time no-cost project period extension for the Comprehensive Opioid Abuse Program Award #2019-AR-BX-K023 with Palm Beach County Community Services Department (CSD) to provide an additional 12 months to complete the research for the COSSAP. The Board of County Commissioners (BCC) authorized staff to execute two-year agreements with SEFBHN and FAU for the period October 1, 2020 through September 30, 2022 to implement the COSSAP demonstration program in Palm Beach County. To date, COSSAP funding has been used to support a care coordinator/housing specialist to assist program participants in securing a recovery housing placement through an established Recovery Housing Voucher Program and Recovery Residence Provider Network. Recovery support services have been provided by a peer recovery support specialist, who has had access to Recovery Support Services Funds to further assist participants. This intervention program has prioritized and expedited recovery support services to individuals at high risk for overdose. CSD, Office of Behavioral Health and Substance Use Disorders COSSAP program focuses on a comprehensive, person-centered, recovery-oriented approach with the goal of ensuring housing stability to support persons involved with the criminal justice system who have a substance use disorder. The DOJ has approved a no cost extension of the initial grant award to September 30, 2023 to allow for the demonstration program to be completed. SEFBHN will continue to provide services to a minimum of 46 unduplicated clients and FAU will continue to evaluate the outcome of the demonstration program and publish a final report.  No funding will be provided by the County. No County match is required. (Community Services) Countywide (HH)

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

7.         Staff recommends motion to approve: Amendment No. 1 to the contract for Provision of Services with Palm Beach County Food Bank, Inc. (PBCFB) (R2022-0660), for the period of May 1, 2022 through September 30, 2022, to revise portions of the contract and to increase the overall funding by $100,000 for a new total contract amount not-to-exceed $450,000, to provide food distribution services to the low-income residents of Palm Beach County. SUMMARY: The above agency has the space and resources to provide food pantry services for the low-income residents of Palm Beach County (PBC). Funding is provided by the Community Services Block Grant. To help end hunger needs in PBC, PBCFB distributes the majority of food to approximately 200 partners. In 2021, PBCFB was able to assist with 14.5 million meals distributed to low-income residents. PBCFB is experiencing an increased demand for food assistance due to inflation. PBC families and caregivers are turning to food banks for food donations and food sources to bridge the gap to reduce food insecurity. Funding will be used to assist with the purchase of non-perishable food items to meet the distribution needs of our community partner agencies to provide hunger relief to eligible low-income individuals and families who are PBC residents. No County match is required. (Community Action Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file: Amendment No. 1 to the Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for the Conversion of Gate B1 to International Gate at Palm Beach International Airport (PBI). Delegation of authority for execution of this Amendment was approved by the BCC on August 25, 2020 (R2020-1017). SUMMARY:  The FDOT has submitted Amendment No. 1 to the PTGA changing the original scope to provide for the additional efforts needed to support the overall improvements to the Concourse B expansion project and not convert Gate B1 to an International Gate as originally planned. On April 16, 2019, the Board adopted a resolution (R2019-0494) approving a PTGA (R2019-0495) with the FDOT in the amount of $1,250,000 or 50% of the eligible project costs, whichever is less for the Conversion of Gate B1 to International Gate at PBI. This project provided for the planning, design, permitting and construction of improvements on Gate B1 in order for international traffic to have the ability to access the Federal Inspection Services facility on Level 1 of the terminal.  Existing funds will support the overall improvements to Concourse B that are currently underway. This change requires execution of an amendment to the PTGA. Countywide (AH)

 

2.         Staff recommends motion to approve: the reappointment of the following individual to the Citizens’ Committee on Airport Noise (CCAN) with a term commencing on October 1, 2022 and expiring on September 30, 2025.

 

SEAT               NAME                         ACTION                      ORGANIZATION

No. 11             Nancy Pullum             Reappointment            Good Neighbor Council for                                                                                                              Aircraft Noise Control

 

SUMMARY: Per Resolution No. R2013-1304, CCAN consists of 11 seats.  Four seats are recommended for appointment by the organizations approved by the Palm Beach County Board of County Commissioners (BCC). The Good Neighbor Council For Aircraft Noise Control, Inc. submitted its recommendation, Nancy Pullum, for representation on CCAN by letter.  The diversity of the current eight appointees is as follows: five Caucasian, one African-American, one Hispanic American and one Unknown. The gender ratio (female: male) is 6:2. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

3.         Staff recommends motion to approve: Airport Baggage Cart Concession Agreement (Agreement) with Smarte Carte, Inc., at the Palm Beach International Airport (PBI) commencing October 1, 2022 and expiring September 30, 2025, with one two-year renewal option, for payment of annual concession fees of $3,000. SUMMARY:  This Agreement provides for continuity of baggage cart rental availability at PBI for passenger convenience. Smarte Carte will provide self-service baggage carts for use by passengers at PBI with dispensers located at baggage claim, the arrivals level curb and parking garages. Smarte Carte will pay fixed annual concession fees in the amount of $3,000, payable in equal monthly installments. Smarte Carte will reimburse the County for electrical usage associated with the dispensers based on estimated usage. The Request For Submittal established an Airport Concession Disadvantaged Business Enterprise participation goal of 10%. Smarte Carte has committed to achieving the 10% goal. Smarte Carte is a Minnesota corporation. Countywide (AH)

 

4.         Staff recommends motion to approve: agreements for Rental Car Lease and Concession (Agreements), commencing October 1, 2022, and expiring September 30, 2027, with one two-year renewal option, for the operation of a rental car concession at the Palm Beach International Airport (PBI), with the following companies (Concessionaires):

 

A) Avis Budget Car Rental, LLC, (Avis-Budget) as the sole owner of Avis Rent A Car System, LLC (Avis) and Zipcar, Inc. (Zipcar), for payment of an initial Minimum Annual Guarantee (MAG) in the amount of $650,000 plus facility rentals for the rental car reservation counter area; and

 

B) Avis-Budget, as the sole owner of Budget Rent A Car System, LLC (Budget) and Payless Car Rental, Inc. (Payless), for payment of an initial MAG in the amount of $650,000 plus facility rentals for the rental car reservation counter area.          

 

SUMMARY: The Agreements provide for the operation of rental car concessions at PBI. The Agreements require payment of concession fees equal to the greater of the MAG or 10% of gross revenues. In addition, Concessionaires are required to pay facility rentals for the lease of reservation counter areas based on standard terminal rental rates, which are $65.11 per square foot for fiscal year 2023, and which are adjusted annually in accordance with the Signatory Airline Agreement (R2019-1155). The rental car reservation counter area for the Avis/Zipcar Agreement is approximately 318 square feet, resulting in an initial facility rental of $20,704.98. Avis-Budget will construct a new reservation counter for the Budget/Payless Agreement, subject to a rental credit not to exceed $50,000 to offset the cost of construction, and will pay facility rental based on the actual size of the reservation counter and queue area. An Airport Concession Disadvantaged Business Enterprise (ACDBE) goal was established at 3.22% of the purchase of goods and services.  Under both Agreements, Avis-Budget has committed to 3.28% ACDBE participation. Countywide (AH)

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: a negotiated settlement offer in the amount of $70,000 for the full satisfaction of two code enforcement liens that were entered against Rogelio R. Riveron on October 2, 2013. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on May 5, 2010 for the property owned by Rogelio R. Riveron providing him until May 20, 2010 to resolve the electrical violations and July 4, 2010 to bring his property located at 3102 Giuliano Ave, Lake Worth, FL into full compliance. The property had been cited for construction work without permits. Compliance with the CESM’s Order was not achieved by the ordered compliance date and fines in the amount of $500 per day for unpermitted electrical installations and $150 per day for all unpermitted structures were imposed. The CESM then entered two claims of lien against Rogelio R. Riveron on October 2, 2013. The Code Enforcement Division issued two Affidavits of Compliance for the property stating that the cited code violations had been fully corrected as of April 25, 2022. The total accrued lien amount through May 10, 2022, the date on which settlement discussions began, totaled $3,367,866.55. Mr. Riveron’ s daughter, Maritza Reyes, has agreed to pay Palm Beach County $70,000 (2%) for full settlement of their outstanding Code Enforcement lien. District 3 (SF)

 

2.         Staff recommends motion to authorize: the County Administrator or designee to administratively process budget amendments within the ARPA Response Projects Fund 1164 to allow for a carry forward of unexpended funds into the next fiscal year until such point when these funds are fully expended. SUMMARY: On March 8, 2022 the Palm Beach County Board of County Commissioners (Board) approved  agenda item 3G-2 to change the project categories approved by the Board on November 2, 2021 to revenue replacement within the American Rescue Plan Act (ARPA). On July 12, 2022, the Board approved agenda item 3G-2 to transfer the funds to a new fund to properly account for all of the funds as Revenue Replacement.  As this change caused these funds to no longer be considered a grant, the authority to carry forward the budget based on amounts spent in the prior year is not currently in place. This agenda item will permit the County Administrator or designee to administratively approve the carryforward of unexpended amounts at the end of each fiscal year into the next fiscal year until such point when these funds are fully expended.  No changes will be made to the allocations previously approved by the Board during these administrative carry forward entries. Countywide (DB)

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

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

 

3.         Staff recommends motion to approve:

 

A) a budget amendment of $20,994,102 recognizing additional impact fee revenue and the transfer from School Impact Fee Zone 1 reserve account to School Impact Fee Zone 1 appropriation account for $4,817,137 for a combined total of $25,811,239;

 

B) a budget transfer from School Impact Fee Zone 2 reserve account to School Impact Fee Zone 2 appropriation account for $2,978,050;

 

C) a budget transfer from School Impact Fee Zone 3 reserve account to School Impact Fee Zone 3 appropriation account for $2,825,837; and

 

D) a budget transfer from School Impact Fee Zone 4 reserve account to School Impact Fee Zone 4 appropriation account for $2,609,430.

 

SUMMARY: Impact fees budgeted in reserve accounts cannot be appropriated until funds have been collected. These budget transfers recognize school impact fee revenues as of August 9, 2022 and allow for their appropriation so that the County may remit funds to the School District in accordance with Article 13 of the Unified Land Development Code. Countywide (RB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to ratify: Emergency Work Order #22-018 issued to Farmer & Irwin Corp. (Contractor) on July 26, 2022 in the amount of $210,831 for emergency work for the Water Treatment Plant (WTP) #11 HVAC Replacement emergency project completed under the annual heating, ventilation and air conditioning (HVAC) contract with the Contractor. SUMMARY: On January 7, 2020, the Board of County Commissioners (Board) approved the annual HVAC contract (R2020-0020) with the Contractor to provide HVAC services related to system and component installations, upgrades, replacements, modifications and repairs. The existing HVAC units at WTP #11 that service the WTP’s electrical room, are 15 years old, have experienced multiple failures and have reached the end of their useful life. WTP #11 services three local cities in the Glades area and currently, there are no backup units for this plant. Although Staff had been servicing, maintaining and repairing the units as needed, a series of recent failures triggered the need to address this replacement under an emergency authorization to ensure that WTP#11 could continue to operate. Work Order No. 22-018 authorized the Contractor to procure and replace two 20-ton split HVAC systems for the electrical room located at WTP #11. Due to the critical nature of the services provided at this facility, any further delay could prove detrimental to the interests, health, safety and welfare of the citizens in the service area. This project was awarded as emergency purchase in accordance with Palm Beach County Purchasing Code 2-54(f) and County PPM CW-L-008. The Director of the Facilities Development and Operations Department executed this emergency work order under her construction authority pursuant to the Purchasing Code Section 2-53(f). In accordance with PPM CW-L-008, staff is submitting this emergency work order to the Board for ratification as the cost of work exceeds $200,000. Pursuant to section 2-80.22 of the Equal Business Opportunity (EBO) Ordinance and the County PPM CW-O-043, this project is exempt from EBO requirements. The contractor is a local business. The funding source for this project is Water Utilities Department Operation and Maintenance Fund. (Capital Improvements Division) District 6 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: Work Order No. 22-024 to the annual minor construction contract with Andrea Construction, Inc. (Contractor) (R2020-0143) for the Palm Beach Sheriff’s Office (PBSO) K-9- Parking Lot Surface, Canopies and Restroom Renovations project in the amount of $371,264 for a period of 90 calendar days from permit issuance. SUMMARY: On February 11, 2020, the Board of County Commissioners (Board) approved the annual minor construction contract with the Contractor to provide construction services associated with repairs, improvements and renovations to County properties. Work Order No. 22-024 includes the installation of three canopies, the addition of asphalt parking and renovation of the existing restrooms to achieve Americans with Disabilities Act compliant facilities. This project was competitively advertised, and new contractors were invited to bid on the project by submitting prequalification documents prior to the submission of the bid response. The Contractor will have 90 calendar days from permit issuance to substantially complete the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $80 per day. On August 21, 2019, the Goal Setting Committee applied the following Affirmative Procurement Initiatives (API) for this annual contract: 1) Sheltered Market for projects less than $100,000; or 2) 10% Small Business Enterprises (SBE) Price Preference for single-trade projects $100,000 or more; or 3) a minimum mandatory 25% SBE subcontracting goal for multi-trade projects. Since this project is a multi-trade project over $100,000, the applicable API is 25% SBE subcontracting goal. The Contractor is an SBE and committed to 64.66% SBE participation on this work order. The cumulative SBE participation on the annual minor contract is 77.80%. The Contractor is a local business. The funding source for this project is from the Public Building Improvement Fund. (Capital Improvements Division) District 3 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve: Work Order No. 22-020 to the annual heating, ventilation and air conditioning (HVAC) contract with D.A.C. Air Conditioning Corp. (Contractor) (R2020-0231) for the Water Utilities Department (WUD) Southern Region Water Reclamation Facility (SRWRF) Building A, J, and JJ – HVAC Replacements project in the amount of $294,070 for a period of 120 calendar days from permit issuance. SUMMARY: On March 10, 2020, the Board of County Commissioners (Board) approved the annual contract with the Contractor for HVAC services related to system and component installations, upgrades, replacements, modifications and repairs on an as needed basis. The existing HVAC systems at buildings A, J, and JJ at the WUD SRWRF are 32 years old, have experienced multiple failures and have outlived their useful life. Work Order No. 22-020 includes the removal and replacement of the existing HVAC units and standalone HVAC controls in buildings A, J, and JJ at the WUD SRWRF. This project was competitively advertised, and new contractors were invited to bid on the project by submitting prequalification documents prior to the submission of the bid response. The Contractor will have 120 calendar days from permit issuance to substantially complete the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $80 per day. On August 21, 2019, the Goal Setting Committee applied the following Affirmative Procurement Initiatives (API) for this annual contract: 1) Sheltered Market for projects less than $100,000; or 2) 10% Small Business Enterprises (SBE) Price Preference for single-trade projects $100,000 or greater. Since this project is over $100,000, the applicable API is the latter. The Contractor is not an SBE but committed to 2.98% SBE participation on this work order. The cumulative SBE participation on the annual electrical contract is 34.69%. The Contractor is not a local business. The funding source for this project is from the Water Utilities Department Operation and Maintenance Fund. (Capital Improvements Division) District 5 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: Work Order No. 22-023 to the annual minor construction contract with Randolph Construction Group, Inc. (Contractor) (R2020-0566) for the Four Points –Youth Services 2nd Floor Renovations project in the amount of $988,362 for a period of 270 calendar days from notice to proceed.  SUMMARY: On June 2, 2020, the Board of County Commissioners (Board) approved the annual minor construction contract with the Contractor (R2020-0566) to provide construction services associated with repairs, improvements and renovations to County properties. Work Order No. 22-023 authorizes renovation services to approximately 13,000 square feet of the 2nd  floor Four Points building to include new offices, new work stations, revised electrical and data systems, new flooring, modifications to the existing heating ventilation and air conditioning system, lighting system, and fire alarm system; and new finishes throughout. The renovation services authorized under this work order provide for the reconfiguration of the existing 2nd floor space in order to consolidate the Youth Services Department staff into one central location. This project was competitively advertised, and new contractors were invited to bid on the project by submitting prequalification documents prior to the submission of the bid response. The Contractor will have 270 calendar days from notice to proceed to substantially complete the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $550 per day. On August 21, 2019, the Goal Setting Committee applied the following Affirmative Procurement Initiatives (API) for this annual contract: 1) Sheltered Market for projects less than $100,000; or 2) 10% Small Business Enterprises (SBE) Price Preference for single-trade projects $100,000 or more; or 3) a minimum mandatory 25% SBE subcontracting goal for multi-trade projects. Since this project is a multi-trade project over $100,000, the applicable API is 25% SBE subcontracting goal. The Contractor is a Small/Minority Business Enterprise(S/MBE) and committed to 62.77% S/MBE participation on this work order. The cumulative SBE participation on the annual minor construction contract is 76.86%. The Contractor is a local business. The funding sources for this project are from the Infrastructure Sales Tax (IST) Fund and the Public Building Improvement Fund. (Capital Improvements Division) District 3 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to receive and file: Change Order No. 08 to Amendment No. 1 (R2020-1812) to the construction management contract with Kaufman Lynn Construction, Inc. for the Canyon District Park– Phase 1 project increasing the contract time by 61 calendar days. SUMMARY: On June 18, 2019, the Board of County Commissioners (Board) approved the contract with Kaufman Lynn Construction, Inc. (R2019-0849) for construction management services for the Canyon District Park project located at 8802 Boynton Beach Boulevard, Boynton Beach. On December 8, 2020, the Board approved Amendment No. 1 (R2020-1812) for the construction of three soccer/multipurpose fields, a restroom/concessions facility, two retention/ recreational lakes, a 12-station fitness trail, and associated parking, in the amount of $10,793,121.02 for a period of 365 calendar days from notice to proceed. Additionally, Amendment No. 1 included clearing, grubbing, leveling and seeding the remainder of the property in order to complete and ensure the effectiveness of the drainage for Phase 1 and the entire property.  Change Order No. 08 authorized an increase to the project duration by 61 calendar days. In accordance with Policies and Procedures Memoranda (PPM) CW-F-050, when the time extensions to a project totals or exceeds 120 days of the original project completion date, then an agenda item notifying the Board of the item that puts the cumulative value in the excess category must be presented as a receive and file. To date, the cumulative value of time extensions, including Change Order No. 08, is 125 calendar days. This agenda item is being submitted to notify the Board that Change Order No. 08 puts the cumulative value time extensions in excess of the 120 days threshold established by PPM CW-F-050. The solicitation for the Construction Manager (CM) was advertised on January 28, 2018 according to the Small Business Enterprise (SBE) Ordinance in place at the time, but this GMP, having been initiated after January 1, 2019, was subject to the requirements of the Equal Business Opportunity (EBO) Ordinance. The CM is not a certified Small/Minority/Women Owned Business (S/M/WBE), but has partnered with M.C.O. Construction and Services, Inc., an S/M/WBE contractor. On November 4, 2020, prior to subcontractor advertisement and bidding, the Goal Setting Committee applied an Affirmative Procurement Initiative (API) to the construction subcontracts of 25% SBE participation, of which 3% must be a Minority Business Enterprise (MBE), African American or Hispanic. There is no SBE participation for Change Order No. 08. To date, the cumulative SBE participation on this project is 25.35% of which 2.90% is MBE participation. The CM is not a Palm Beach County Business. The funding sources for this project are from the Florida Department of Environmental Protection Grant Fund and the Park Impact Fees Z-3 Fund. (Capital Improvements Division) District 5 (MWJ)

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to approve: Change Order No. 4 to Amendment No. 3 (R2021-0345) of the construction management (CM) at risk contract with Kast Construction Company LLC (R2020-0249.1) increasing the Guaranteed Maximum Price (GMP) in the amount of $2,406,618.50 for the Palm Beach Sheriff’s Office Headquarters (PBSO HQ) Renovation Project. SUMMARY: On March 9, 2021, the Board of County Commissioners (Board) approved Amendment No. 3 (R2021-0345) to the CM contract with Kast Construction Company LLC (R2020-0249.1) for the PBSO HQ Renovation project establishing a Guaranteed Maximum Price (GMP) in the amount of $33,653,791. Amendment No. 3 authorized interior and exterior work including, but not limited to, hardening the existing exterior wall and window systems including new wall cladding to be installed for hurricane protection; adding new reinforced concrete walls; replacement of the existing roofing system; replacement and upgrades to the heating, ventilation and air conditioning systems; renovation of the fire suppression and lighting systems; and renovations to the interior of all three levels of the facility to accommodate additional offices, workstations and conference spaces. Change Order No. 4 includes the cost of materials, equipment, additional work, as well as credits due to buyout savings. The additional work includes, but is not limited to, electrical and low voltage changes, painting doors, the pre-action fire suppression system; installation of electrical components, louvers, ductwork; adding card readers, data cables, cable trays, emergency exterior lighting circuits and wall packs along with a concrete ramp and handrails for compliance with the American with Disabilities Act. The CM contract with Kast Construction Company LLC was awarded pursuant to the Small Business Enterprise (SBE) Ordinance but this GMP, having been initiated after January 1, 2019, was subject to the requirements of the Equal Business Opportunity Ordinance. Kast Construction Company LLC is not an SBE, but has partnered with All-Site Construction, Inc., an SBE CM. In September 2020, prior to subcontractor advertisement and bidding, the Goal Setting Committee applied an Affirmative Procurement Initiative to the construction subcontracts of 25% SBE participation, of which 5% must be a Minority Business Enterprise (MBE) African American or Hispanic American. The original SBE participation on Amendment No. 3 was 41.349% of which 7.64% was MBE participation. The SBE participation for Change Order No. 4 is 45.79% SBE subcontracting participation of which 10.07% is MBE participation. To date, including Change Order No. 4 to Amendment No. 3, Kast Construction Company LLC has achieved 33.04% SBE participation of which 6.99% is MBE participation. Kast Construction Company LLC is a Palm Beach County business. The funding source for this project is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) District 3 (MWJ)

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to approve: a Utility Easement (Easement) in favor of the City of Delray Beach (City) for a water main, sewer main, and appurtenant equipment to service the Palm Tran South County Facility (Facility). SUMMARY: The Facility is located at 100 North Congress Avenue in Delray Beach. During the recent redevelopment of the Facility an underground water main, sewer main, and appurtenant equipment (the Improvements) were installed. A non-exclusive Easement will be granted to the City at no charge, as the Improvements will only service the Facility. The sewer main easement area is approximately 12 feet in width and 68 feet in length, containing approximately 885 square feet (0.020 acres).  The water main easement area is approximately 12 feet in width and 645.63 feet in length, containing approximately 7,759 square feet (0.178 acres).  The City will execute the Easement as grantee upon the Board of County Commissioners approval. (Property and Real Estate Management) District 7 (HJF)

 

8.         Staff recommends motion receive and file: a notice of exercise of the fourth extension option under the Lease Agreement (R2002-1464) with Verizon Wireless Personal Communications, L.P. for the continued use of nine wireless communications antennas located on the roof top of the Southern Region Water Reclamation Facility in Boynton Beach. SUMMARY: Since August 20, 2002, Verizon Wireless Personal Communications, L.P. (Verizon) has operated and maintained nine wireless communication antennas and radio equipment on the rooftop of the Southern Region Water Reclamation Facility located at 12751 Hagen Ranch Road in Boynton Beach.  The initial term of the lease agreement was for five years ending on August 19, 2007, and contained five extension options, each for a period of five years. Verizon is exercising its fourth five-year extension option for the period of August 20, 2022, through August 19, 2027.  The annual rent will increase by 3% from $52,605.20 to $54,183.36 effective August 20, 2022.  The Water Utilities Department is satisfied with Verizon’s performance and will continue to have administrative responsibility of the lease agreement.  Pursuant to the terms of the lease agreement, Verizon has the right to exercise its option and the Board of County Commissioners has no discretionary authority to not allow the exercise of the option.  There remains one five-year option available to Verizon. All other terms and conditions of the Lease Agreement will remain in full force and effect. (Property & Real Estate Management) District 5 (HJF)

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         Staff recommends motion to approve:

 

A) Change Order No. 44 to Amendment No. 5 to construction management (CM) at risk contract with Hedrick Brothers Construction Co, Inc. (Hedrick Brothers) (R2016-0430) documenting charges against the contingency fund for additional work in the amount of $230,876.71 and to extend the project duration by 105 calendar days for the Main Detention Center (MDC) East and South Towers Project;

 

B) Amendment No. 7 to construction management (CM) at risk contract with Hedrick Brothers (R2016-0430) establishing a Guaranteed Maximum Price (GMP) in the amount of $1,458,061 for the MDC, Building “B” Pipelining Project for a period of 136 calendar days; and

 

C) Amendment No. 8 to CM at risk contract with Hedrick Brothers (R2016-0430) establishing a GMP in the amount of $1,542,101 for the MDC, Central Energy Plant Chiller 3 & 4 Replacement Project for a period of 353 calendar days. 

 

SUMMARY: On April 5, 2016, the Board of County Commissioners (Board) approved the construction management at risk contract with Hedrick Brothers (R2016-0430) for the Detention Facilities Project (Project). The Project included a five-year capital improvement program for the renewal/replacement of major building systems at the County’s detention facilities including the MDC, the Western Detention Center and the Central Detention Center. The Project includes the renewal/ replacement of the following major building systems at these detention facilities: mechanical including heating ventilation and air conditioning; fire protection; plumbing and boilers; electrical; low voltage including electronic security systems and fire alarm, security doors and hardware; roofing; weatherproofing and other similar improvements. On August 25, 2020, the Board approved Amendment No. 5 to replace roofing, air conditioning systems, boilers, mechanical grilles, doors and frames, cell bars, painting, and a security camera system at the East and South towers. Change Order No. 44 to Amendment No. 5 authorizes additional construction services for the replacement of the existing detention grade metal doors, frames, handles, hinges, associated hardware; and increases the project duration by 105 calendar days to allow Hedrick Brothers to procure and install the new materials needed to complete the work. When the GMP for Amendment No. 5 was being developed, select areas were not available for in-depth investigation due to inmate occupancy and limited access. The fixtures are original to the building, have further deteriorated and developed rust due to years of heavy use and have been determined to be at the end of their useful life. In accordance with the terms and conditions of the CM at risk contract, the additional work was unforeseen and is funded from the project contingency resulting in a zero dollar change order (i.e. contract price remains unchanged).

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         (Cont’d) In 2020, the 35-year-old sanitary pipes servicing the Palm Beach County Courts, Clerk of Courts, Correction Office, and Medical Center at the main jail backed-up and overflowed into the surrounding offices and courtrooms. Consequently, operations halted and this prompted staff to initiate restoration work. Amendment No. 7 authorizes construction phase services to clean out the existing cast iron piping and to insert a resin saturated pipe liner at building “B” located at the MDC. The liner will improve overall flow within the pipes. This work will prevent further deterioration of the existing pipe and restore flow capacity to levels comparable to new condition. Amendment No. 8 authorizes the procurement and installation of two new chillers to replace chillers 3 and 4 at the MDC Central Energy Plant. The chillers at the MDC Central Energy Plant are more than 34 year old, and are at the end of their service life. The CM Contract was awarded on April 5, 2016 according to the Small Business Enterprise (SBE) Ordinance in place at the time, but these GMP Amendments, having been initiated after January 1, 2019, are subject to the requirements of the Equal Business Opportunity Ordinance. Hedrick Brothers is not an SBE, but has partnered with Cooper Construction Management & Consulting, Inc., a Small/Minority Business Enterprise construction manager for services in an amount not less than 15% of the construction management fee and is sharing in Hedrick Brother’s earned overhead/ profit. A mandatory 15% SBE subcontracting goal was applied to Amendment No. 5. Hedrick Brothers committed to an SBE participation goal of 54.37% of which 33.17 is Small/Minority/Women Owned Business participation for Amendment No. 5.  There is no SBE participation for Change Order No. 44. To date, the cumulative SBE participation under Amendment No. 5 is 45.33%. On June 15, 2022, prior to subcontractor advertising and bidding, Amendment #7, the MDC Building ‘B” pipelining project, was presented to the Goal Setting Committee (GSC) and the Committee established an Affirmative Procurement Initiative (API) of 3% SBE participation for the project. Hedrick Brothers committed to SBE participation for Amendment No. 7 of 12.50% of which 5.81% will be African American or Hispanic participation. On October 20, 2021, prior to subcontractor advertising and bidding, the MDC Central Energy Plant Chiller 3 & 4 Replacement project was presented to the GSC and the Committee established an API of 20% SBE participation. Hedrick Brothers committed to an SBE participation of 49.25% for Amendment No. 8. The cumulative SBE participation for this contract is 59.35%. The funding source for both Amendment No. 7 and 8 is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) District 3 (MWJ)

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

10.       Staff recommends motion to approve: a contract with Ovations Food Services, L.P. d/b/a OVG Hospitality (Ovations) for food and beverage operation services at the Palm Beach County Convention Center (Convention Center) from October 1, 2022 through September 30, 2027 (the Agreement). Ovations will receive 7% of the net profit of the food and beverage operations and the County will receive 93% of the net profit. SUMMARY: The Agreement provides for Ovations to manage, operate and market food and beverage operations services at the Convention Center for five years with the option for one five-year renewal. Ovations will be paid 7% of the net profit from the food and beverage operations. Ovations will also make a capital contribution for new equipment and other fixtures of $1,250,000 during the initial term of the Agreement and of $500,000 during the renewal term, if the option to renew is exercised by the parties. Ovations’ capital contribution will be amortized over the term of the Agreement. The County receives: 1) 93% of the net profit of food and beverage operations; and 2) cash/credits for potential sponsorships and rebates on certain food and beverage products that Ovations might secure through regular course of business. The contract contains a mutual waiver of consequential damages clause, which has been reviewed by the County Attorney’s Office. The solicitation for this contract was advertised on March 25, 2022 in accordance with the Equal Business Opportunity Ordinance, Ovations was the only respondent, with the final selection taking place on May 23, 2022. The solicitation was presented to the Goal Setting Committee (Committee) on March 16, 2022. The Committee established Affirmative Procurement Initiatives of a Small Business Enterprise (SBE) evaluation preference of up to 15 points based on the level of SBE participation for the selection of the food and beverage operator and a minimum mandatory contract goal of 10% SBE participation of which 5% must be Minority or Women Business Enterprise (M/WBE) participation on the purchase of food, including catering, disposable paper and plastic products, non-alcoholic beverages and professional services. Ovations committed to 22% M/WBE participation on the purchase of food, including catering, disposable paper and plastic products, non-alcoholic beverages and professional services. (FDO/TDC) Countywide (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to approve: the nomination of Robin Henderson as Chairperson of the Housing Finance Authority of Palm Beach County, Florida (Authority), for the term of September 13, 2022 through September 13, 2023. SUMMARY: Staff recommends Board of County Commissioners’ (BCC) approval of the nomination of Robin Henderson as Chairperson of the Authority.  At their regular meeting of June 17, 2022, the Authority Board nominated Mrs. Henderson as its Chairperson to serve a term of one year in accordance with Ordinance No. 2002-022, as amended. This ordinance requires the nomination of the Chairperson to be submitted to the BCC for approval. Countywide (HJF)

 

2.         Staff recommends motion to approve: an Engagement Letter for accounting services between the Housing Finance Authority of Palm Beach County, Florida (Authority), and Weinstein Zugman, LLC, for a one year term from October 1, 2022 through September 30, 2023 in an amount not to exceed $14,500. SUMMARY: The Housing Finance Authority of Palm Beach County, Florida (Authority) was established by the Board of County Commissioners (BCC) in 1979 in accordance with Part IV, Chapter 159, Florida Statutes.  Section 2-189 of the Palm Beach County Code of Ordinances requires that all contracts of the Authority for the purchase of goods and services in excess of $10,000 shall be approved by the BCC.  The Engagement Letter sets forth the terms under which Weinstein Zugman, LLC, will provide accounting services to the Authority for the Fiscal Year ended September 30, 2022, in an amount not to exceed $14,500.00.  Weinstein Zugman, LLC was selected by the Authority to provide accounting services pursuant to a Request for Qualifications due June 6, 2022. The Engagement Letter provides is for a one-year term. The Engagement Letter was approved by the Authority on June 17, 2022, subject to BCC approval. Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

3.         Staff recommends motion to receive and file: Amendment 001 to Agreement R2021-1532 with the Town of Lake Park extending the completion date from September 30, 2022 to December 31, 2022 for the installation of playground improvements and shade structure at Lake Shore Park funded under Fiscal Year 2021/2022 Community Development Block Grant (CDBG) Program. SUMMARY: This document has been executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Development in accordance with Agenda Item 3I-8, as approved by the BCC on October 19, 2021. Amendment 001 extends the completion date until December 31, 2022, for the installation of playground improvements and shade structure at Lake Shore Park.  The completion date under the original agreement is September 30, 2022 for the allotted $95,655 in CDBG funding.  The Town is on schedule to expend 30% of the CDBG budget by July 2022. The time extension is needed due to delay in the Town’s approval and authorization for playground expansion along with extensive lead time to obtain needed playground equipment. 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. These are Federal CDBG funds which require no local match. District 1 (HJF)

 

4.         Staff recommends motion to receive and file: a Purchase Agreement for State Tax Credits for the sale of Voluntary Cleanup Tax Credits (VCTC) to RELX U.S. Holdings, Inc. SUMMARY: The document has been executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Development (DHED), per signatory authority of April 30, 2018, in accordance with Agenda item 3I-3 and resolution R2015-1793 as approved by the BCC on December 15, 2015 and April 10, 2018, respectively. Under the Purchase Agreement for State Tax Credits, RELX U.S. Holdings, Inc. purchased a tax credit certificate worth $16,510.51 under the VCTC Program. The purchase price of the certificate was $15,437.33. After payment of the brokerage commission, the County will receive $14,446.70, which will be used to replenish the County’s Brownfields Revolving Loan Fund. The VCTC Program does not require a local match. Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

5.         Staff recommends motion to receive and file: Renewal of a Data Sharing Agreement with the Florida Department of Economic Opportunity (DEO) for an additional three years from June 21, 2022 through June 20, 2025. SUMMARY: The document has been executed on behalf of the Board of County Commissioners by the Director of the Department of Housing and Economic Development (DHED), per County Administrator delegation of signatory authority dated July 30, 2019, and in accordance with June 4, 2019 BCC approval through Agenda Item 4C-1. The original DEO Data Sharing Agreement was in effect from June 21, 2019 through June 20, 2022. Under this renewed three-year agreement, the County will be able to obtain detailed information on employment and wages at no cost. The DHED uses this information to perform economic impact analyses for proposed projects in terms of job creation and gross domestic product.  Since this information is not publicly available, the agreement is needed to establish guidelines for receiving confidential Quarterly Census of Employment and Wages (QCEW) data including confidential Reemployment Assistance Program data. The QCEW provides data such as: the number of employers or reporting units, monthly employment, average employment, total wages, and average wages by the North American Industry Classification System. Countywide (HJF)

 

6.         Staff recommends motion to approve: a second amendment to contract for Bond and Disclosure Counsel Services between the Housing Finance Authority of Palm Beach County, Florida (HFA) and Greenberg Traurig, P.A. and Bryant Miller Olive P.A., respectively, to increase the fees to said firms for certain matters. SUMMARY: On July 11, 2017 (Agenda Item 3I-2), the Board of County Commissioners (BCC) approved a first amendment to contract for Bond and Disclosure Counsel Services (Contract) between the HFA and each of the two above named law firms. The contract was for an initial term of three years and allowed for automatic one-year renewals thereafter unless one of the parties wished to terminate. The legal services provided by these firms include advice on all actions necessary for the HFA’s issuance of bonds, the preparation of bond documents and bond counsel opinions, the review and comment on all documents prepared by others in connection with bond issuances, and the preparation of the bond offering documents and opinions thereon as disclosure counsel. On June 17, 2022, the HFA Board approved Resolution No. 2022-06 authorizing second amendments to the contracts with Greenberg Traurig P.A. and Bryant Miller Olive P.A. subject to BCC approval.  Approval by the BCC of both second amendments is requested pursuant to Section 2-189 of the Housing Finance Authority of Palm Beach County Ordinance, which requires that all contracts for the purchase of goods and services in excess of $10,000 be approved by the BCC. Countywide (HJF)

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

7.         Staff recommends motion to approve: an Interlocal Agreement with the Florida Atlantic Research and Development Authority (FARDA) in the amount of $200,000 for the period October 1, 2022 to September 30, 2023. SUMMARY: FARDA currently serves 25 companies located in the Research Park at Florida Atlantic University (FAU), including those in Global Ventures. The Interlocal Agreement requires FARDA to: provide 15 internships through Global Ventures and Research Park at FAU companies, create at least 15 new full-time equivalent jobs, provide outreach to a minimum of 25 companies, continue to develop its soft landings center program and represent Global Ventures and Research Park at FAU in at least two international trade shows virtually or in person, to promote the Research Park and Global Ventures. These are County Ad Valorem funds. Countywide (HJF)

 

8.         Staff recommends motion to approve: an agreement with the Florida Atlantic University Board of Trustees (FAU) in the amount of $50,000 for the period October 1, 2022 to September 30, 2023. SUMMARY: This agreement will fund operational expenses to support the Florida Atlantic University Tech Runway Program located at their Palm Beach County Boca Raton and Jupiter campuses.  The Program facilitates venture capitalist investment in business incubation and acceleration.  FAU will also be required to: host at least two educational seminars for Tech Runway entrepreneurs on FAU Jupiter campus or greater Jupiter area, provide ten student internships, arrange two introductory meetings for potential angel investors seeking investment funds for early-stage ventures, and create at least five new permanent full-time equivalent jobs in Palm Beach County. Funding for this agreement will consist of $50,000 in Ad Valorem Funds. These are County Ad Valorem funds. Countywide (HJF)

 

9.         Staff recommends motion to approve: an agreement with the Palm Beach County Film and Television Commission, Inc. (F&TV Commission) in the amount of $75,000 for the period October 1, 2022 to September 30, 2023. SUMMARY: This agreement with the F&TV Commission will fund operational and educational expenses for the Film & TV Tech Prep Program (Program), which is entering its 26th year of operation.  The Program continues to support the development of the film and television industry in Palm Beach County through an enhanced strategic plan drafted by educators and industry professionals. This funding will assist in the planning, facilitation and execution of all aspects in the production of the 2023 Student Showcase of Films (SSOF), which is the largest film competition and awards ceremony within the State of Florida. The SSOF honors Florida high school and college student filmmakers and celebrates the artistic successes they have achieved in this field.  Upon execution of the agreement, the County agrees to provide an initial advance payment to the Agency of $37,500 to be used as cash flow. These are County Ad Valorem funds.  Countywide (HJF)

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

10.       Staff recommends motion to approve: an agreement for Consulting/Professional Services with the Palm Beach County Black Business Investment Corporation (BBIC) in the amount of $54,000 for the period October 1, 2022 to September 30, 2023. SUMMARY: This Consulting/Professional Services Agreement will fund a portion of BBIC’s operational expenses for providing consulting and financial assistance to existing and start-up small businesses in Palm Beach County.  The BBIC is required to obtain four business loan approvals from financial institutions totaling at least $500,000, while serving 270 clients and creating/retaining 15 full-time equivalent jobs.  Funding for this agreement will consist of $54,000 of Ad Valorem Funds. These are County Ad Valorem funds. Countywide (HJF)

 

 

            J.         PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to approve: the reappointment of three members to the Historic Resources Review Board (HRRB).

                                             

Reappointments        Seat      Requirement     Recommended By               Term        

Friederike Mittner           4          None                  Comm. Bernard                             9/13/22-9/12/25                                                                                         Comm. Kerner

                                                                             Comm. McKinlay

                                                                             Mayor Weinroth

 

Aimee Sunny                 1         None                 Comm. Bernard                 9/13/22 – 9/12/25

                                                                             Comm. Kerner                                             

                                                                             Comm. McKinlay

                                                                             Mayor Weinroth

 

Meredith Ellis                 6         None                 Comm. Bernard                 9/13/22 – 9/12/25

                                                                             Comm. Kerner

                                                                                                                 Comm. McKinlay

                                                                 Mayor Weinroth

           

SUMMARY: The Unified Land Development Code (ULDC) Article 2.G.3.H provides for the membership of the HRRB. The term of office of each member is for three years.  HRRB seats are at-large positions appointed by the Board of County Commissioners (BCC). The Planning Division forwarded a memo (dated July 18, 2022) and forms to the BCC notifying the Board of the vacancies, and requesting nominations. The advisory board has nine seats, seven currently filled, and two vacancies, and a diversity count of Caucasian: 7 (100%). The gender ratio (male: female) is 2:5. The nominees Friederike Mittner, Aimee Sunny and Meredith Ellis, are Caucasian females. Staff has addressed the need to increase diversity within our boards and will continue to encourage this in an effort to expand the Board’s diversity. Unincorporated (DL)

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

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

 

2.         Staff recommends motion to approve: the reappointment of three members and

appointment of one new member to the Building Code Advisory Board (BCAB).

 

Reappointment          Seat              Requirement                       Recommended By                            Term 

Wayne Cameron           1                   Building Official                   BOAPBC                                 9/13/22-9/12/25

Jacek Tomasik               6                   Building Official                   BOAPBC                                 9/13/22-9/12/25

Edward Lynch              14                  Building Contractor             Associated Builders              9/13/22-9/12/25

                                                                                                    & Contractors-FECC

                                                                                                   

Appointment             Seat                 Requirement                       Nominated By                                    Term

Frank Coppola, III      10                     General Contractor             Gold Coast Builders              9/13/22-9/12/25

 

 

SUMMARY: The BCAB was established by a Special Act of the Florida Legislature in 1974, and amended in 2001. The term of office for board members is three years with no limit to the number of terms a member may serve. The Board is comprised of 16 members; one registered architect appointed from nominees submitted by the Palm Beach Chapter of the American Institute of Architects; one professional engineer appointed from nominees submitted by the Palm Beach Chapter of the Florida Engineering Society; seven members appointed from nominees submitted by any recognized regional industry trade association; and seven Building Officials, one from each commission district, appointed from nominees submitted by the Building Officials Association of Palm Beach County (BOAPBC). This Advisory Board has 16 seats, 13 currently filled and 3 vacancies, and a diversity count of Caucasian: 9 (69%), African-American: 2 (15%), Asian-American: 1 (8%) and Hispanic-American: 1 (8%). The gender ratio (male: female) is 12:1. The nominees are three Caucasian males and one Asian-American male. Staff has addressed the need to increase diversity within our boards and will continue to encourage this in an effort to expand the Board’s diversity. Countywide (RM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: Supplement No. 5 to Work Authorization (WA) No. 2 to the Continuing Contract for Wastewater Gravity Lines & Manhole Rehabilitation (Continuing Contract) with Hinterland Group Inc. (Contractor) for the Gravity Main and Manhole Rehabilitation (Project) in the amount of $238,379.63. SUMMARY:  On February 5, 2019, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Continuing Contract (R2019-0216) with Contractor. WA No. 2 completes the rehabilitation of 30,735 linear feet of existing gravity sewer mains located within West Palm Beach. The work involved the cleaning and video inspection of the gravity sewer mains, inspection of the gravity sewer manholes, repair of the gravity sewer mains as necessary, the rehabilitation of the gravity sewer mains using cured-in-place pipe and finally, the rehabilitation of the gravity sewer manholes. The Continuing Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established under the 2002 Ordinance was 15% overall participation. The Continuing Contract provides for 91.845% SBE participation. WA No. 2 includes 100% SBE participation. Supplement No. 5 to WA No. 2 includes 100% SBE participation. The cumulative SBE participation including Supplement No. 5 to WA No. 2 is 51.3%. Contractor is a Palm Beach County based company. The project is included in the PBCWUD FY22 Budget. (PBCWUD Project 20-048) Districts 2 & 3 (MWJ)  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to receive and file: four executed Standard Potable Water and Wastewater Development Agreements for the months of April and May 2022.

 

A) Standard Potable Water and Wastewater Development Agreement with Elan Polo Gardens Owner, LLC, SDA #02-01170-000 (District 6), Recorded in OR BK 33514 PG 1930;

 

B) Standard Potable Water and Wastewater Development Agreement with Amelia Estates Phase 2 LLC, SDA #14-01005-000 (District 6), Recorded in OR BK 33514 PG 1921;

 

C) Standard Potable Water and Wastewater Development Agreement with Divosta Homes, L.P., SDA #02-01171-000 (District 3), Recorded in OR BK 33514 PG 1942; and

 

D) Standard Potable Water and Wastewater Development Agreement with Elan Palm Reserve Owner, LLC, SDA #05-11132-000 (District 3), Recorded in OR BK 33588 PG 0594.

 

SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/ agreements/grants/ procurement items must be submitted by the initiating Department as a receive and file agenda item and are attached unless the documents have been recorded in the Public Records of Palm Beach County. The documents have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Palm Beach County Water Utilities Department in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now being submitted to the BCC to receive and file. Districts 3 & 6 (MWJ)

 

3.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, amending Resolution No. R2021-1873 pertaining to the Special Assessment process for the Chapel Road Water Main Extension (Project), reducing the individual assessment from $37,548.50 to $30,040.73 per parcel. SUMMARY: On December 7, 2021, the BCC adopted Resolution No. R2021-1873 authorizing the Project. Pursuant to Section 9 of Ordinance No. 2001-0010, property owners are entitled to a reduction in their individual assessment if the final cost of the project falls below the original estimate. The assessment adopted by the BCC was based upon an estimated assessable cost of $75,097 prior to construction start. The actual assessable cost is $60,081.46 after the completion of construction. This Project is based on an assessment of two residential properties and a total length of 216 linear feet of potable water main. The individual cost to the property owners decreased from $37,548.50 to $30,040.73 per parcel using the parcel method. (PBCWUD Project No. 20-060) District 3 (MWJ)

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to adopt: a resolution requesting the State of Florida Department of Environmental Protection (FDEP) support the appropriation of funds for Palm Beach County’s Shore Protection Projects (Projects) within its FY2023/2024 Beach Management Funding Assistance Program. SUMMARY: The County is requesting that FDEP appropriate $820,179 for four shoreline restoration Projects in FY2023/2024. The resolution is a requirement of Florida Administrative Code Rule 62B-36.005, which provides that the local sponsor (i.e., the County) must submit a resolution by its governing board declaring support for the Projects, willingness to serve as the local sponsor, and ability and willingness to provide the necessary local funding share to implement the Projects. If the Florida Legislature approves funding for all of the Projects, the County’s matching share would be $618,290. The County is requesting $200,000 for the North County Comprehensive Shore Protection Project – Segment 1, $190,097 for the North County Comprehensive Shore Protection Project – Segment 2, $175,000 for the North County Comprehensive Shore Protection Project – Segment 3, and $255,082 for the South Lake Worth Inlet Management Plan. Districts 1 & 4 (SS)

 

2.         Staff recommends motion to receive and file: Task Assignment Change Order No. 1 to Task Assignment No. PM1, Contract No. FWC21149 with the Florida Fish and Wildlife Conservation Commission (FWC), increases the Task Assignment No. PM1 by $1,661.16 bringing the total for the State FY2021/2022 to $7,661.16. This Change Order No. 1 does not alter the original completion date of June 30, 2022. SUMMARY: On April 12, 2022, the Board of County Commissioners approved FWC Contract No. FWC21149 (R2022-0361) (Contract) for aquatic vegetation control services in the following lakes:  Clarke, Ida, Osborne, and Pine. This Contract facilitates County treatment and control of aquatic exotic plants within the Chain of Lakes.  County work is reimbursed by FWC.  Delegated authority to execute all future time extensions, task assignments, certifications, and any other forms associated with this Contract was approved at that time. 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. There is no cost to the County.  Countywide (SS)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

3.         Staff recommends motion to receive and file: Task Assignment No. 6 to the State of Florida, Department of Environmental Protection (FDEP) Contract No. GC913 (R2017-0838) (Contract) providing for routine compliance inspections at 803 petroleum storage tank facilities within Palm Beach, Martin and St. Lucie Counties, and funding in the amount of $553,553, with a performance period of July 1, 2022 through June 30, 2023. SUMMARY:  Petroleum storage tank compliance services under a series of contracts with FDEP have been in effect since 1988. On June 20, 2017, the Board of County Commissioners approved Contract No. GC913 (R2017-0838) (Contract) with FDEP. Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with this Contract was approved at that time. 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.  There is no cost to the County. Countywide (SS)

 

4.         Staff recommends motion to receive and file: Task Assignment No. 7 to the State of Florida, Department of Environmental Protection (FDEP) Contract No. GC896 (R2016-0787) (Contract) providing for ongoing site management activities for cleanup of petroleum contamination sites for an amount not to exceed $671,517. The task performance period is from July 1, 2022 through June 30, 2023. SUMMARY:  On June 21, 2016, the Board of County Commissioners approved the FDEP Contract to administer the Petroleum Restoration Program through the Department of Environmental Resources Management (ERM).  Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with this Contract was approved at that time. On June 17, 2022, Task Assignment No. 7 was executed through delegation of authority. The task assignment was executed by FDEP on June 22, 2022. 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. There is no cost to the County. Countywide (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: an executed Sponsorship Agreement with Vic Canales Media Group, LLC, for a cash sponsorship in the amount of $25,000 for the Annual 4th of July Celebration at Sunset Cove Amphitheater, on July 4, 2022. SUMMARY: This Sponsorship Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator and Director of the Parks and Recreation Department in accordance with Resolution 2008-0442, amended by Resolution 2017-0102. Sponsorship events help offer a balanced schedule of events, which promote the quality of life in the communities we serve.  The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 5 (AH)

 

2.         Staff recommends motion to receive and file: the following two executed Entertainment Contractor Agreements:  

 

A) Sanderford Sound, Inc. in an amount not to exceed $3,100 for the Odyssey Road Concert at the Sunset Cove Amphitheater on July 4, 2022; and

 

B) Light F/X Pros, LLC in an amount not to exceed $25,000 for the 4th of July Celebration at Sunset Cove Amphitheater on July 4, 2022.  

 

SUMMARY: The Parks and Recreation Department produces cultural activities to promote the quality of life in the communities it serves. A sponsorship in the amount of $25,000 from Vic Canales Media Group offset the expenses of the 4th of July celebration.  These Entertainment Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator and Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644, 2014-0168 and 2017-1367. The Department is now submitting these agreements in accordance with County PPM CW‑O‑051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 5 (AH)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

3.         Staff recommends motion to receive and file: an executed Amphitheater Rental Agreement for DEUTERMANPRODUCTIONS.COM.LLC for the Stick Figure Concert at Sunset Cove Amphitheater, for the period of June 25, 2022 through June 26, 2022. SUMMARY:  This Amphitheater Rental Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2009-0335, amended by Resolutions 2009-1807, 2012-1715, and 2014-0166. The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 5 (AH)

 

4.         Staff recommends motion to receive and file: the following three executed Amphitheater Rental Agreements with AEG Presents SE, LLC.

 

A) Rebelution Concert at Sunset Cove Amphitheater for the period of June 4, 2022 through June 5, 2022;

 

B) Dirty Heads Concert at Sunset Cove Amphitheater for the period of July 15, 2022 through July 16, 2022; and

 

C) Iration and Atmosphere Concert at Sunset Cove Amphitheater for the period of July 22, 2022 through July 23, 2022.

 

SUMMARY: These Amphitheater Rental Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2011-1960.  The Department is now submitting these agreements in accordance with County PPM CW-O-051 which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 5 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

5.         Staff recommends motion to receive and file: the following five executed Sound and Light Production Service Contractor Agreements:

 

A) Sanderford Sound, Inc. in an amount not to exceed $700 for Rebelution concert at Sunset Cove Amphitheater on June 4, 2022 through June 5, 2022;

 

B) Sanderford Sound, Inc. in an amount not to exceed $700 for Stick Figure concert at Sunset Cove Amphitheater on June 25, 2022 through June 26, 2022;

 

C) Sanderford Sound, Inc. in an amount not to exceed $6,340 for the 14th Annual 4th of July Celebration at Sunset Cove Amphitheater on July 4, 2022 through July 5, 2022;

 

D) Sanderford Sound, Inc. in an amount not to exceed $700 for Dirty Heads concert at Sunset Cove Amphitheater on July 15, 2022 through July 16, 2022; and

 

E) Sanderford Sound, Inc. in an amount not to exceed $700 for Iration and Atmosphere concert at Sunset Cove Amphitheater on July 22, 2022 through July 23, 2022.

 

SUMMARY:  These Sound and Light Production Service Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2009-0592, amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368 and 2018-0179.  The Department is now submitting these agreements in accordance with County PPM CW-O-051 which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 5 (AH)

 

6.         Staff recommends motion to receive and file:  an executed Special Events Rental Agreement for Full-A-Vybez Ent LLC for the Florida Jerk Festival at John Prince Park, from May 27, 2022 through May 31, 2022. SUMMARY: This Special Events Rental Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution R2021-1552. The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 3 (AH)

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

7.         Staff recommends motion to:

 

A) receive and file a fully executed National Recreation and Park Association Grant Agreement in the amount   of $3,000 for the period June 10, 2022 through August 31, 2023; and 

 

B) approve a budget amendment of $3,000 within the General Fund to establish budget for the grant.

 

SUMMARY: The National Recreation and Park Association in partnership with the Centers for Disease Control and Prevention awarded the Palm Beach County Parks and Recreation Department a $3,000 Supporting Healthy Aging Through Parks and Recreation Grant. The grant is intended to support the implementation of arthritis appropriate evidence-based interventions (AAEBIs) through the Parks and Recreation Department. The AAEBIs will address inequities in low-income communities, and people with disabilities and/or living with chronic conditions. The grant does not require a County fund match. District 6 (AH)

 

8.         Staff recommends motion to receive and file: the following two executed First Amendments to Independent Contractor Agreements:

 

A) a first amendment to the Independent Contractor Agreement with Stephen VanCoppenolle, Adult Water Aerobics Program, at the North County Aquatic Complex, to increase the amount of the agreement (R2021-1835) by $1,000 for a total amount not to exceed $5,250 for the period October 1, 2021 through September 30, 2022; and

 

B) a first amendment to the Independent Contractor Agreement with LB2 Enterprises Inc., US Masters Swimming Program at North County Aquatic Complex, to increase the amount of the agreement (R2021-1833) by $15,000 for a total amount not to exceed $116,000 for the period October 1, 2021 through September 30, 2022.

 

SUMMARY:  These first amendments to the Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator and the Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, 2012-0168 and 2017-0822.  The Department is now submitting these amendments in accordance with County PPM CW-O-051 which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 1 (AH)

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

9.         Staff recommends motion to receive and file: an executed Resident Caretaker Lease Agreement with Diego Torres-Malaga, a full time County employee, for the residence at DuBois Park, executed on July 26, 2022. SUMMARY: This Resident Caretaker Lease Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2016-1606. The Department is now submitting this agreement in accordance with County PPM CW-O-051 which requires all delegated agreements to be submitted by the initiating Department as a receive and file agenda item. District 1 (AH)

 

10.       Staff recommends motion to receive and file:  an executed Tee Time Advertising and Sales Agreement between Palm Beach County and Can-Am Golf Ventures, LLC, in an amount not to exceed $40,000 for the period August 1, 2022 through July 31, 2023. SUMMARY: This Tee Time Advertising and Sales Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of Parks and Recreation in accordance with Resolution 2013-1607. This agreement helps to sell tee times at non-peak times that would otherwise not be sold. Can-Am Golf Ventures, LLC receives a commission fee ranging from 9%-12% (amount varies depending on the Golf Course) of the tee time sold. The Department is now submitting this Agreement in accordance with County PPM CW-O-051 which requires all delegated agreements to be submitted by the initiating Department as a receive and file agenda item. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

N.        LIBRARY

 

1.         Staff recommends motion to:

 

A) approve submittal of an Application to the Florida Department of State, Division of Library and Information Services, for State Aid to Libraries in an estimated amount of $871,581 for FY 2023;

 

B) approve the associated State Aid to Libraries Grant Agreement and Certification of Hours, Free Library Service, and Access to Materials Form with The State of Florida, Department of State; and

 

C) authorize the County Administrator or designee to execute any other necessary agreements, amendments, forms and certifications associated with the State Aid to Libraries Grant Agreement.

 

SUMMARY:  The State provides an annual operating grant to eligible libraries based upon annual operating expenditures from local funds. Estimated State Aid revenue has been included in the County Library’s FY 2023 budget. The timeframe for the agreement to determine the award begins with the start of the Grantee’s second preceding fiscal year (October 1, 2020) and concludes with the end of the State of Florida’s current fiscal year (June 30, 2023). There is no match requirement for this grant. Countywide (AH)

 

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to approve:  an agreement with the Friends of Mounts Botanical Garden, Inc. (FMBG) from October 1, 2022 through September 30, 2023 for continued partial funding of $68,914 for a horticulturist position to assist in the care and maintenance of The Mounts Botanical Garden of Palm Beach County (MBG). SUMMARY:  FMBG will continue to provide funding to the County in an amount not to exceed $68,914 ($43,625 for salary and $25,289 for fringe benefits) to support 65.5% of an existing horticulturist position beginning October 1, 2022 and ending on September 30, 2023.  Palm Beach County will be funding the remaining $36,298 ($22,978 for salary and $13,320 for fringe benefits) at a funding level of 34.5% for a total of $105,212.  The position will continue to support the MBG. District 7 (AH)

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

P.        COOPERATIVE EXTENSION SERVICE (Cont’d)

 

2.         Staff recommends motion to approve:  an agreement with the Friends of Mounts Botanical Garden, Inc. (FMBG) from October 1, 2022 through September 30, 2023 for continued partial funding of $40,352 for a gardener position to assist in the care and maintenance of The Mounts Botanical Garden of Palm Beach County (MBG).  SUMMARY:  FMBG will continue to provide funding to the County in an amount not to exceed $40,352 ($26,738 for salary and $13,614 for fringe benefits) to support 60% of an existing gardener position beginning October 1, 2022 and ending on September 30, 2023.  Palm Beach County will be funding the remaining $26,901 ($17,825 for salary and $9,076 for fringe benefits) at a funding level of 40% for a total of $67,253. The position will continue to support the MBG. District 7 (AH)

 

3.         Staff recommends motion to approve:  an agreement with the Palm Beach Soil and Water Conservation District in an amount not to exceed $79,000 to provide soil and water resource conservation services for FY 2023. The term of this agreement is from October 1, 2022 through September 30, 2023. SUMMARY:  This agreement provides funding for the Palm Beach Soil and Water Conservation District’s (District) Resource Conservation Activities. The agreement requires Palm Beach County to provide $79,000 in funding to the District for payment of soil and water resource conservation services and health insurance benefits. This is for the same amount that was provided to the District for FY 2022. The District provides free services to improve water quality and water conservation in rural, agricultural, and urban communities throughout Palm Beach County. The Agriculture Mobile Irrigation Lab, Nursery Overhead Efficiency Project, and the Best Management Practices (BMPs) implementation/cost share saved 313 million gallons of water and provided $342,940 of financial assistance on 4,972 acres of land (FY 2020/21). BMP implementation assists USDA/NRCS with planning and design practices such as irrigation, land smoothing, water control structures, and irrigation water management. These practices address natural resource concerns and deliver environmental benefits such as water improvement, reduction of soil erosion and sediments, and creation of wildlife habitats. The District coordinates community-oriented activities throughout the County to include youth in environmental education. Ambassador of the Wetlands, Envirothon, and the Conservation Poster contest are offered at no cost.  During the 2021/2022 school year, over 500 elementary and high school students participated in these programs. Countywide (AH)

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:

 

A) approve a contract for Consulting and Professional Services with the Southeast Florida Behavioral Health Network, Inc., a not-for-profit, for the period of September 13, 2022 through September 13, 2023, in an amount not to exceed $250,000 for the Frequent Utilizer - “Next Steps” pilot project as part of the John D. Catherine T. MacArthur Foundation Safety and Justice Challenge; and

 

B) authorize the County Administrator or designee to execute any amendments, reports, or documents relating to this agreement on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office and within budgeted allocations. 

 

SUMMARY: Under the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge (SJC) project, the County, through its Criminal Justice Commission (CJC), has received $3.4 million in grant funding to: 1) reduce local jail populations without compromising public safety; and 2) identify and reduce racial and ethnic disparities in local jail populations and criminal justice systems. The need to increase access to resources for participants at the First-Appearance hearings who are identified as “high systems users” with behavioral health and substance abuse challenges and who cycle through jail for low-level offenses is apparent based on previous Sequential Intercept Mapping exercises and input from criminal justice stakeholders. The Frequent Utilizer - “Next Steps” is a pilot project designed to increase access to behavioral health support services such as, but not limited to, case management, care coordination, peer support, supportive housing, behavioral health treatment, vocational training, transportation, emergency shelter and assistance applying for various public benefits.  The goals are to reduce recidivism, improve engagement in treatment, and increase connection to identified needs, thereby assisting them in stabilizing their lives. This pilot will incorporate a “Housing First” strategy whereby case management focuses on helping the client identify, obtain and retain housing.  Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to receive and file: fully executed standard agreements for swimming lessons through September 30, 2023 with:

 

A) Young Men’s Christian Association of The Palm Beaches, Inc., from May 30, 2022 through September 30, 2023; and

 

B) Just Jack, Inc., from July 28, 2022 through September 30, 2023.

 

SUMMARY: On May 3, 2022, the Board of County Commissioners adopted Resolution Number R2022-0450 authorizing the County Administrator or designee to execute standard agreements with municipalities and independent contractors to provide swimming lessons to members of the public through the Palm Beach County Drowning Prevention Coalition’s Learn to Swim Program. The County Administrator has designated the Fire Rescue Administrator to execute these standard agreements. Pursuant to Countywide PPM CW-O-051 these two standard agreements are being submitted to receive and file. Countywide (RM)

 

2.         Staff recommends motion to approve: an Emergency Services Agreement for Mutual Assistance, Automatic Aid, Dispatch Services, and Fire Vehicle Maintenance and Repair Services with the Village of Tequesta (Village), for a period of five years commencing on October 1, 2022 through September 30, 2027. SUMMARY: In an effort to enhance the provision of fire rescue services, the Board of County Commissioners (Board) authorized the Fire Rescue Department to provide countywide fire-rescue dispatch and related communication services effective June 1, 2005. This agreement provides the terms and conditions under which the Fire Rescue Department will continue to provide all the necessary equipment and services to implement and provide Common Dispatch and related communication services to the Village, along with providing the mechanism for implementing mutual assistance and automatic aid/closest unit response. The Agreement also provides for the Village to remain the primary fire rescue response provider to four geographical areas in the County’s service area, and for the County to provide fire vehicle maintenance and repair to the Village’s emergency response apparatus. The agreement further authorizes the parties’ respective fire chiefs to enter into Letters of Understanding to develop automatic aid/closest unit response and Common Dispatch plans and procedures. The agreement may be terminated by either party, upon 90 days prior notice to the other party. Countywide (SB)

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE (Cont’d)

 

3.         Staff recommends motion to approve: an Interlocal Agreement for Hazardous Materials Emergency Response Services and Funding with the City of Boca Raton (City) for a period of ten years, commencing on October 1, 2022 through September 30, 2032. SUMMARY: The Countywide Regional Hazardous Materials (Hazmat) emergency response program established through the Palm Beach County Regional Hazardous Materials response Ordinance of 1998 currently consists of four teams, one of which is partially provided by the City together with the City of Delray Beach. Pursuant to a funding interlocal agreement (R2022-0727) with the Solid Waste Authority of Palm Beach County (SWA), for FY2023 the SWA shall provide funding to partially cover the cost of the response teams, in the amount of $2,528,561 paid directly to the County. Each of the four teams shall receive 25% of the annual funding received by the County from the SWA.  Pursuant to this Interlocal Agreement between the County and the City, the amount paid to the City for FY2023 shall be $316,070.25 for their 50% participation in one of the teams.  Funding for each subsequent fiscal year will be increased by the same percentage increase, if any, received by the County from the SWA. Countywide (SB)

 

4.         Staff recommends motion to approve: an Interlocal Agreement for Hazardous Materials Emergency Response Services and Funding with the City of Delray Beach (City) for a period of ten years, commencing on October 1, 2022 through September 30, 2032. SUMMARY: The Countywide Regional Hazardous Materials (Hazmat) emergency response program established through the Palm Beach County Regional Hazardous Materials response Ordinance of 1998 currently consists of four teams, one of which is partially provided by the City together with the City of Boca Raton. Pursuant to a funding interlocal agreement (R2022-0727) with the Solid Waste Authority of Palm Beach County (SWA), for FY2023 the SWA shall provide funding to partially cover the cost of the response teams, in the amount of $2,528,561 paid directly to the County. Each of the four teams shall receive 25% of the annual funding received by the County from the SWA.  Pursuant to this Interlocal Agreement between the County and the City, the amount paid to the City for FY2023 shall be $316,070.25 for their 50% participation in one of the teams. Funding for each subsequent fiscal year will be increased by the same percentage increase, if any, received by the County from the SWA. Countywide (SB)

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE (Cont’d)

 

5.         Staff recommends motion to approve: an Interlocal Agreement for Hazardous Materials Emergency Response Services and Funding with the City of West Palm Beach (City) for a period of ten years, commencing on October 1, 2022 through September 30, 2032. SUMMARY: The Countywide Regional Hazardous Materials (Hazmat) emergency response program established through the Palm Beach County Regional Hazardous Materials response Ordinance of 1998 currently consists of four teams, one of which is provided by the City. Pursuant to a funding interlocal agreement (R2022-0727) with the Solid Waste Authority of Palm Beach County (SWA), for FY2023 the SWA shall provide funding to partially cover the cost of the response teams, in the amount of $2,528,561 paid directly to the County. Each of the four teams shall receive 25% of the annual funding received by the County from the SWA.  Pursuant to this Interlocal Agreement between the County and the City, the amount paid to the City for FY2023 shall be $632,140.25 for their team. Funding for each subsequent fiscal year will be increased by the same percentage increase, if any, received by the County from the SWA. Countywide (SB)

 

6.         Staff recommends motion to approve:  Memorandum of Agreement (MOA) with the Children’s Services Council of Palm Beach County (CSC) providing funding of up to $100,000 for the Drowning Prevention Coalition for a period of one year, commencing on October 1, 2022 through September 30, 2023. SUMMARY: The MOA provides $100,000 of funding from CSC for FY2023 for the Drowning Prevention Coalition program (DPC), managed by Palm Beach County Fire Rescue. The MOA allocates $50,000 of the funds to DPC expenses and the remaining $50,000 to fund vouchers for swimming lessons for children between the ages of 2 and 12. The vouchers are redeemed by the public at designated aquatic facilities within Palm Beach County. The DPC is funded with a transfer from the general fund and this CSC funding will defray some costs associated with the program. Countywide (RM)

 

7.         Staff recommends motion to approve: a Donation Agreement with the Palm Beach County Sheriff’s Office (PBSO) providing for the donation of a vehicle and supporting equipment, to Palm Beach County Fire Rescue (PBCFR). SUMMARY: The PBSO currently owns a Ford Expedition in their fleet that has been classified as surplus, obsolete, or the continued use of which is uneconomical or inefficient. PBCFR has been cleared to launch the Unmanned Aircraft System Program, giving Incident Commanders an aerial overview of an incident. This vehicle will serve as the primary response vehicle in the program, supplementing the Incident Command Post. Countywide (SB)

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

            U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to approve: the second amendment to Interlocal Agreement to provide network services to the City of Atlantis.  SUMMARY:  The City of Atlantis has an existing Interlocal Agreement with Palm Beach County (R2020-0106) for network services and requested increased bandwidth with the first amendment (R2021-1845). This second amendment to Interlocal Agreement returns the upgraded network services to the City back to the original 50MB bandwidth. District 2 (DB)

           

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: the following executed Contractual Service Agreements with the Fifteenth Judicial Circuit (Court) for the period of July 1, 2022 through June 30, 2024:

 

A) Contractual Services Agreement for Professional Psychological or Expert Witness Services in Adult and/or Juvenile Criminal Matters; and

 

B) Contractual Services Agreement for Expert Examining Committee Member Services in Guardianship Matters.

 

SUMMARY:  The Court has contracted with the Division of Justice Services’ Forensic Psychology Office to provide court-ordered forensic evaluations and testimony services. Seniors, adults, teens, and children throughout the county are directed to the Forensic Psychology Office with the appropriate court order, outlining which specific evaluation is required. The scope of services provided in each agreement includes competency and psychological evaluations for adult and juvenile criminal matters, psychological evaluations for child welfare, and appointment as an examining committee member in relation to guardianship matters. These agreements compensate the County Forensic Psychology Office for the contractual services provided to the Court. R2005-0792 authorizes the County Administrator or designee to sign agreements to provide psychological services to the Court. Countywide (SF)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve a contract for Professional Legal Services with Legal Aid Society of Palm Beach County, Inc. (LASPBC) to provide civil legal services to the indigent citizens of Palm Beach County in the amount not to exceed $1,167,800 for the period October 1, 2022 through September 30, 2023; and

 

B) authorize County Administrator or designee to execute amendments and administrative documents associated with the above contracts, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney's Office, and within budgeted allocations.

 

SUMMARY: This contract between the County and LASPBC ensures the seamless continuation of legal services for indigent citizens of Palm Beach County.  The contract funds the State mandate for general civil legal services ($901,614), the Public Guardianship Program ($152,542), and the Domestic Violence Representation Program ($113,644). The State mandated funding for LASPBC is a local requirement, mandated by Article V of the Florida Constitution. Section 939.185, Florida Statutes, allows the Board of County Commissioners to assess additional court costs, not to exceed $65. The $65 additional court cost generates $275,000 in revenue, which partially offsets the costs of these programs. Two staff members of the Legal Aid Society of Palm Beach County, Inc. serve on a County Advisory Board. Kristina Rowe and Kimberly Rommel-Enright serve on the HIV Care Council. This Board provides no regulation, oversight, management, or policy-setting recommendations regarding the Legal Aid Society of Palm Beach County, Inc. contract. Disclosure of the contractual relationship at a duly noticed public meeting is being provided in accordance with the provision of Section 2-443 of the Palm Beach County Code of Ethics. Countywide (SF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

3.         Staff recommends motion to receive and file: the first amendment to contract for Professional Services with Drug Abuse Foundation of Palm Beach County, Inc. (DAF) (R2021-1275) increasing the contract amount by $168,056 for a new total not-to-exceed contract amount of $618,452 for the period of October 1, 2021 through September 30, 2024. SUMMARY: On October 1, 2021, Palm Beach County’s Department of Public Safety, Division of Justice Services, entered into contracts with DAF and Counseling Services of Lake Worth, Inc. (CSLW) (R2021-1276) to provide Substance Use Disorder (SUD) treatment services to participants in the Fifteenth Judicial Circuit’s Adult Drug Court program. PBCJS was notified on May 6, 2022, that CSLW is permanently closing due to unforeseen circumstances. To ensure the continuity of treatment services for individuals with SUD in Palm Beach County, DAF has agreed to provide SUD treatment services to all referred Adult Drug Court participants. DAF will hire additional staff, which will expand the intake capacity of their program and support the needs of Adult Drug Court. The CSLW contract had a remaining balance of $168,056 that will be reallocated to DAF, increasing their contract and meeting the increased demand for SUD treatment services in Palm Beach County. R2021-1275 authorized the County Administrator or designee to execute amendments and administrative documents associated with these contracts, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (SF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

4.         Staff recommends motion to: 

 

A) approve a contract for Consulting/Professional Services with the Battered Women’s Justice Project, Inc. (BWJP) in the amount not to exceed $300,000 for the period September 13, 2022 through September 30, 2025 to provide an assessment of our county’s response to Domestic Violence and implement customized training for law enforcement to address identified gaps;

 

B) approve a budget transfer of $300,000 in the Domestic Violence Trust Fund to the General Fund to provide funds for this contract;

 

C) approve a budget amendment of $300,000 in the General Fund to recognize the transfer from the Domestic Violence Trust Fund and establish the budget; and

 

D) authorize the County Administrator or designee to execute contracts and amendments with BWJP after approval of legal sufficiency by the County Attorney’s Office and within the allocated budget amount.

 

SUMMARY:  The Criminal Justice Commission allocated $300,000 from the Domestic Violence Trust Fund to the Division of Victim Services to contract with the BWJP on a three-year project. The goal of the project is to continue to advance the consistency and quality of responses by law enforcement and the criminal justice system to victims of domestic violence. The program, goals and objectives are designed to improve law enforcement response to both victims and offenders. Specific training topics will focus on law enforcement working with marginalized survivors and developing relationships with culturally specific communities. The Learning Management System will be implemented by BWJP to enhance training, providing recruits and advanced professionals the venue to improve their capacity to work with victims. Data analysis will focus on patterns and gaps documented in a final report, which will be presented to community stakeholders. Countywide (RS)

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

5.         Staff recommends motion to receive and file: one Grant Adjustment Modification (GAM) #560066 No Cost Extension with the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) Office for Victims of Crime FY 2019 Direct Services to Support Victims of Human Trafficking Program (2019-VT-BX-K029), which facilitated an administrative filing and approvals through July 31, 2022. SUMMARY:  As per grant guidelines, certain expenditures and work products require approval from the DOJ OJP grant manager.  The approval process is facilitated by drafting a GAM and submitting it through the DOJ’s Justgrants web portal. GAM #560066 approved a one-year no cost extension of the award period with a new end date of September 30, 2023. Due to the COVID-19 pandemic, community outreach, engagement and awareness efforts were greatly impacted and delayed.  Restrictions related to the pandemic, (i.e. suspension of law enforcement sting operations, industry shut-downs, etc.) made it difficult to identify victims of human trafficking and provide direct services. As a result of the extension, direct services and referrals will be expanded. There will also be an increase in engagement activities, community outreach and education throughout Palm Beach County with a specific focus on the western, rural “Glades” region. R2020-1762 authorized the County Administrator to submit grant adjustments/modifications related to the current grant on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (RS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

6.         Staff recommends motion to approve: the reappointment of one nominee to the Consumer Affairs Hearing Board (CAHB) for the term of October 1, 2022 to September 30, 2025 as follows:

 

Seat

Appointment

Seat Requirement

Nominated by

2

George Kinoshita

Resident

Mayor Weinroth

Vice Mayor Weiss

Commissioner Marino

Commissioner Kerner

Commissioner Sachs

Commissioner McKinlay

Commissioner Bernard

 

SUMMARY:  The Consumer Affairs Ordinance was approved by the Board of County Commissioners (BCC) on December 17, 2013, and codified in Chapter 9, Article I of the Palm Beach County Code. The Consumer Affairs Ordinance established a seven member CAHB.  The CAHB serves in both an advisory capacity to the BCC and as an Appeals Hearing Board to hear and act on appeals relating to the towing, vehicle for hire, moving, home caregiver, adult entertainer, water taxi, and consumer affairs ordinances. Members are selected from various businesses, professions and the general public. Member terms are for three years with a limit of three consecutive terms expiring September 30.  This nominee is a reappointment of seat 2 for a term of October 1, 2022 – September 30, 2025.  A memo was sent to the BCC on June 16, 2022 seeking nominations for the above at-large resident seat. The CAHB has a maximum of seven members. With the reappointment of this nominee, the CAHB will have seven seats filled. The CAHB will have a diversity count as follows: Caucasian: 4 (57%), Asian: 2 (29%), and African American: 1 (14%). The gender ratio (male: female) will be 7:0. Countywide (RS)

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.     PALM TRAN

 

1.         Staff recommends motion to approve: five reappointments and four appointments of members to the Palm Tran Service Board (PTSB).

 

Nominee                                     Category, Seat Number                  Term to Expire              Nominated by

Kerry Rawn                              Disability Advocate, Seat 2                  09/30/25                     Mayor Weinroth

Appointment                                                                                                                                         Comm. Marino

                                                                                                                                                                Comm. McKinlay

                                                                                                                                                                Vice-Mayor Weiss

                                                                                                                                                                Comm. Bernard

                                                                                                                                                                Comm. Kerner

 

Kashamba Miller-Anderson      Elected Municipal Official, Seat 4        09/30/25                   Mayor Weinroth

Appointment                                                                                                                                         Comm. McKinlay

                                                                                                                                                                Comm. Kerner

 

L. James Gibbs                          Business Community Rep., Seat 5      09/30/25                    Mayor Weinroth

Reappointment                                                                                                                                    Comm. McKinlay

                                                                                                                                                                Comm. Kerner

                                                                                                                                                                

Donte’ Mickens                       Multicultural Rep., Seat 6                      09/30/25                     Mayor Weinroth

Reappointment                                                                                                                                    Comm. Marino

                                                                                                                                                                Comm. McKinlay

                                                                                                                                                                Comm. Kerner

 

Brandon Williams                    Certified Paratransit User, Seat 8          09/30/25                      Mayor Weinroth

Appointment                                                                                                                                         Comm. McKinlay

                                                                                                                                                                Comm. Kerner

                                                                                                                                                                                                                Carmencita Mitchell               Reg. Fixed-Route Bus Rider, Seat 9    09/30/25                       Mayor Weinroth

Reappointment                                                                                                                                    Comm. McKinlay

                                                                                                                                                                Comm. Kerner            

           

I. Joel (Joey) Acevedo            Fixed-Route Bus Operator, Seat 10     09/30/25                       Mayor Weinroth

Reappointment                                                                                                                                    Comm. Marino

                                                                                                                                                                Comm. McKinlay

                                                                                                                                                                Comm. Kerner

                                                                                                                                                                               

Tricia Hallison-Mischler           Citizen At Large, Seat 11                      09/30/25                      Mayor Weinroth

 Appointment                                                                                                                                        Comm. McKinlay

                                                                                                                                                                Comm. Kerner

                                                                                                                                            

Tammy Jackson-Moore            Resident of the Glades/Lake               09/30/25                    Mayor Weinroth

Reappointment                           Region Area, Seat 13                                                                  Comm. McKinlay

                                                                                                                                                                Comm. Kerner

 

SUMMARY:  The Palm Tran Service Board is composed of 13 At-Large members with specific seat categories. There are five board members who are requesting reappointments and four candidates requesting appointment. For Seat 4, the Palm Beach County League of Cities solicited applications in conjunction with Palm Tran and made a formal recommendation to appoint Kashamba Miller-Anderson as the elected municipal official. There are 13 seats comprising the PTSB but only 9 current members.The ethnic and gender composition of the current 9 members include: Caucasian: 3 (30%), African-American: 3 (30%), Hispanic-American: 1 (10%), Multicultural: 1 (10%), Asian American 1 (10%) Gender ratio (male: female) 7:2. Countywide (MM)

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file: Amendment #0003 to Inter-Agency Agreement with the Florida Department of Children and Families (DCF) (R2020-0700) (Amendment), effective the date on which the Amendment has been signed by both parties, to increase the reimbursable amount received by the County from DCF to $38,950, annually through State Fiscal Year 24/25, for eligible expenses consistent with Title IV-E under the Social Security Act. SUMMARY: In June 2020, the Board approved an Inter-Agency Agreement (Agreement) with DCF to certify local funds as a State match for reimbursement of eligible expenses consistent with Title IV-E under the Social Security Act. The Agreement was for five years, with an optional five-year renewal. Also in June 2020, the Board approved the current Community Based Agency Contract with The Children’s Home Society of Florida (R2020-0701) (Contract), as amended, to offer pre- and post-adoption support services. DCF receives federal funding and calculates reimbursement to the County using the Florida Safe Families Network Title IV-E Adoption Client Eligibility Rate for the month of service, after which a 50% reimbursement rate is applied.  Under the original Agreement, DCF reimbursed the County $18,000 annually.  Amendments #0001 and #0002 increased the DCF reimbursement amount to the County, $26,126 and $35,000, respectively. Amendment #0003 increases reimbursement amount up to $38,950 through State Fiscal Year 24/25. On September 14, 2021, Agenda Item 3BB-3 authorized the County Administrator or designee to execute future agreements/minor amendments on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (RS)

 

2.         Staff recommends motion to receive and file: a Cooperative Agreement with the School Board of Palm Beach County (School District) to continue classroom instruction for youth in the education program at the Highridge Family Center for the period July 1, 2022, through June 30, 2024, at no additional cost to the County. SUMMARY: The Youth Services Department’s Residential Treatment and Family Counseling Division is an authorized counselor training facility that provides comprehensive family services (Program) to prevent children from entering the Juvenile Justice System.  The Program will continue to serve male and female youth between the ages of 11 and 16 who are receiving residential treatment for substance abuse, disciplinary issues and truancy. The School District and the County pledge to develop and support joint program initiatives that will facilitate the effective and efficient delivery of services for youth served in the educational Program located at the Highridge Family Center. On June 5, 2001, Agenda Item No. 3X-2 authorized the County Administrator or designee to execute standard Cooperative Agreements with the School District on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (RS)

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF

 

1.         Staff recommends motion to receive and file: a Modification #2 to Grant Award Agreement between the Department of Justice, Office of Justice Programs and the Palm Beach County Sheriff’s Office to extend the grant period from September 30, 2022 through March 31, 2023. SUMMARY: The Board of County Commissioners accepted this grant for $1,000,000 on December 18, 2018 (R2018-2044). On August 17, 2021, the grant period was extended from September 30, 2021 through September 30, 2022 (R2021-1138). This agenda item will extend the grant period from September 30, 2022 through March 31, 2023. The Department of Justice Office of Justice Programs Catalog of Federal Domestic Assistance Number for this program is 16.817 and the contract number is 2018-BJ-BX-0004. Countywide (RS)

 

2.         Staff recommends motion to receive and file: a Modification #4 to Subgrant Agreement between the Florida Division of Emergency Management and the Palm Beach County Sheriff’s Office, to extend the grant period through December 31, 2022 to address the identified planning, equipment, training, and exercise needs for acts of terrorism. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for $461,000 on December 17, 2019 (R2019-1941). On April 6, 2021, the BCC approved an extension through September 30, 2021 (R2021-0452). On October 19, 2021, the BCC approved an extension through March 31, 2022 (R2021-1565).  On May 3, 2022, the BCC approved an extension through September 30, 2022 (R2022-0453). This agenda item will extend the grant period through December 31, 2022.  The Catalog of Federal Domestic Assistance Number for this program is 97.067 and the contract number is R0096. Countywide (RS)

 

3.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Memorandum of Agreement (MOA) with the City of Miami for a FY21 Urban Area Security Initiative (UASI) Grant in the amount of $1,909,519 for the period of August 2, 2022 through June 30, 2023, and

 

B) approve a budget amendment of $1,909,519 in the Sheriff’s Grant Fund.

 

SUMMARY: On July 8, 2022, the Palm Beach County Sheriff’s Office (PBSO) received notification of a grant award in the amount of $1,909,519 for the FY21 Urban Area Security Initiative (UASI) Grant Program. The UASI is a federally-funded homeland security grant program, pass-through the State of Florida to the City of Miami, as the UASI’s fiscal agent. The funds will be used for various domestic security initiatives within the County and the Southeast Florida Region 7, including intelligence operations, cyber security training, and equipment for our specialty teams and coastal RADAR System expansion project. There is no match requirement associated with this award. The Catalog of Federal Domestic Assistance number is 97.067 and the contract number is R0521. Countywide (RS)

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     COMMISSION ON ETHICS

 

1.         Staff recommends motion to approve: a Memorandum of Understanding (MOU) with the Lake Worth Community Redevelopment Agency and Palm Beach County to engage the services of the Palm Beach County Commission on Ethics for a five year term effective October 5, 2021. SUMMARY: The Lake Worth Community Redevelopment Agency (Lake Worth CRA) agreed to subject itself to the jurisdiction and authority of the Commission on Ethics and its Executive Director. This MOU identifies the roles and responsibilities of the Commission on Ethics and the Lake Worth CRA in implementing the Palm Beach County Code of Ethics, and establishes a schedule of fees to be paid by the Agency to the County in exchange for services. As required by the Commission on Ethics Ordinance, all fees paid under the agreement must be used to fund Commission on Ethics operations. The MOU is subject to final approval of the Board of County Commissioners. District 3 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

EE.      TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: three fully executed Palm Beach County FY2022 Grant Agreements managed by the Palm Beach County Sports Commission, Inc., on behalf of the Palm Beach County Tourist Development Council (TDC) with:

 

A) Perfect Game USA, Inc., for the promotion of the Perfect Game Wood Bat Association Florida Invitationals, held July 20 – 22 and July 26 - 28, 2022, for the term February 20, 2022 – October 28, 2022. This grantee was approved by the TDC on April 14, 2022, in the amount of $9,500;

 

B) Prospect Select Baseball Inc., for the promotion of the Prospect Select The Wave Invitational, held July 15 – 19, 2022, for the term February 15, 2022 – October 19, 2022. This grantee was approved by the TDC on April 14, 2022, in the amount of $8,000; and

 

C) Perfect Game USA, Inc., for the promotion of the Perfect Game 13U National Showcase/Perfect Game 14U National Showcase, held July 23 – 25 & July 29 - 31, 2022, for the term February 23, 2022 – October 31, 2022. This grantee was approved by the TDC on April 14, 2022, in the amount of $8,500;

 

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, as amended, authorizing the Executive Director of the TDC to enter into grant agreements with Category G (Sports) grantees after they have been approved by the TDC. Room nights generated for Perfect Game USA, Inc., Perfect Game Wood Bat Association Florida Invitationals, were 798, room nights generated for Prospect Select Baseball Inc., Prospect Select The Wave Invitational were 840, and room nights generated for Perfect Game USA, Inc., Perfect Game 13U National Showcase/Perfect Game 14U National Showcase, were 756. Districts 1 & 7 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

EE.      TOURIST DEVELOPMENT COUNCIL (Cont’d)

 

2.         Staff recommends motion to receive and file: two fully executed Palm Beach County FY2022 Grant Agreements managed by the Palm Beach County Sports Commission, Inc., on behalf of the Palm Beach County Tourist Development Council (TDC) with:

 

A) Perfect Game USA, Inc., for the promotion of the Ultimate Baseball Championship/Perfect Game 13U WWBA National Championship, held from June 20 - 23, 2022, and July 2 – 6, 2022, for the term January 20, 2022 – October 6, 2022. This grantee was approved by the TDC on March 10, 2022, in the amount of $50,000; and

 

B) Perfect Game USA, Inc., for the promotion of the Perfect Game 18U World Series/Perfect Game 16U Florida Elite Championship, held from July 8-12 & July 11-14, 2022, for the term February 8 – October 14, 2022.  This grantee was approved by the TDC on April 14, 2022, in the amount of $33,000.

 

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, as amended authorizing the Executive Director of the TDC to enter into grant agreements with Category G (Sports) grantees after they have been approved by the TDC. Room nights generated for Perfect Game USA, Inc., Ultimate Baseball Championship/Perfect Game 13U WWBA National Championship, were 4000, and room nights generated for Perfect Game USA, Inc., the Perfect Game 18U World Series/Perfect Game 16U Florida Elite Championship, were 2,820. Districts 1 & 7 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

EE.      TOURIST DEVELOPMENT COUNCIL (Cont’d)

 

3.         Staff recommends motion to receive and file: two fully executed Palm Beach County FY2022 Grant Agreements managed by the Palm Beach County Sports Commission, Inc., on behalf of the Palm Beach County Tourist Development Council (TDC) with:

 

A) Players International Management, Inc., for the promotion of the USTA Boys 18’s & 16’s National Clay Court Championships, held July 10 – 17, 2022, for the term February 10, 2022 – October 17, 2022. This grantee was approved by the TDC on April 14, 2022, in the amount of $20,000; and

 

B) The Polo Club of Boca Raton Property Owners Association, Inc., for the promotion of the USTA Girls 12’s National Clay Court Championships held July 10 – 17, 2022, for the term February 10 – October 17, 2022.  This grantee was approved by the TDC on April 14, 2022, in the amount of $5,000.

 

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, as amended, authorizing the Executive Director of the TDC to enter into grant agreements with Category G (Sports) grantees after they have been approved by the TDC. Room nights generated for Players International Management, Inc., were 2,500, and room nights generated for The Polo Club of Boca Raton Property Owners Association, Inc., were 500. Districts 4, 5 & 7 (YBH)

 

4.         Staff recommends motion to approve: an agreement with the Cultural Council of Palm Beach County, Inc., (CULTURE) for the provision of services under the County’s Tourist Development Plan during the period of October 1, 2022, through September 30, 2027, for an amount not to exceed $2,534,788 in Contractual Services, $1,084,675 in Category (C) II Grants, $4,115,286 in Category (B) Grants, $395,239 in County direct costs, $4,221,131 in Reserves, $2,000,000 in Stimulus, and $103,600 in beach payback for a total of $14,454,719. SUMMARY: The agreement provides for CULTURE to provide tourism marketing services under the County’s Tourist Development Plan for a five-year period, from October 1, 2022, through September 30, 2027.  The current contract (R2017-1632), as amended, expires on September 30, 2022. The Agreement provides for Fiscal Year 2023, Exhibit “A” – Annual Budget, Exhibit “E” - Performance Measures, Exhibit “G” – Salary Structure, Exhibit “H” – Organizational Chart, and Exhibit “N” – Diversity Structure.  This Agreement contains certain terms regarding County’s participation in tourism events, as outlined in Exhibit “C” – Sponsorship Benefits Package. This agreement has been approved by the Tourist Development Council Finance Committee and TDC Board. Countywide (YBH)

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

EE.      TOURIST DEVELOPMENT COUNCIL (Cont’d)

 

5.         Staff recommends motion to approve: an agreement with the Palm Beach County Film & Television Commission, Inc., (PBCFTC) for the provision of services under the County’s Tourist Development Plan during the period of October 1, 2022, through September 30, 2027, for an amount not to exceed $1,212,310 in contractual services, $160,429 in County direct costs, $1,028,774 in Reserves, $750,000 in Stimulus, and $21,550 in beach payback for a total of $3,173,063. SUMMARY: The agreement provides for PBCFTC to provide tourism marketing services under the County’s Tourist Development Plan for a five-year period, from October 1, 2022, through September 30, 2027.  The current contract (R2017-1635), as amended, expires on September 30, 2022. The agreement provides for Fiscal Year 2023, Exhibit “A” – Annual Budget, Exhibit “F” - Performance Measures, Exhibit “H” – Salary Structure, Exhibit “J” – Organizational Chart, and Exhibit “N” – Diversity Structure.  The agreement contains certain terms regarding County’s participation in tourism events, as outlined in Exhibit “L” – Sponsorship Benefits Package. This agreement has been approved by the Tourist Development Council Finance Committee and TDC Board. Countywide (YBH)

 

6.         Staff recommends motion to approve: an agreement with the Palm Beach County Sports Commission, Inc. (PBCSC) for the provision of services under the County’s Tourist Development Plan during the period of October 1, 2022, through September 30, 2027, for an amount not to exceed $1,983,780 in contractual services, $1,217,619 in grants, $250,000 in special event funding, $271,204 in County direct cost, $3,265,768 in Reserves, $500,000 in Stimulus, and $40,800 in beach payback, for a total of $7,529,171. SUMMARY: The agreement provides for PBCSC to provide tourism marketing services under the County’s Tourist Development Plan for a five-year period, from October 1, 2022, through September 30, 2027.  The current contract (R2017-1634), as amended, expires on September 30, 2022. The agreement contains certain terms regarding County’s participation in tourism events outlined in Exhibit “K” – Sponsor Benefits Package. This agreement has been approved by the Tourist Development Council Finance Committee and TDC Board. Countywide (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

EE.      TOURIST DEVELOPMENT COUNCIL (Cont’d)

 

7.         Staff recommends motion to approve:

 

A) the sixth amendment to the agreement dated October 17, 2017, with Palm Beach County Sports Commission, Inc. (PBCSC) (R2017-1634) for the provision of services under the County’s Tourist Development Plan;

 

B) the sixth amendment to the agreement dated October 17, 2017, with Palm Beach County Film & Television Commission, Inc. (PBCFTC) (R2017-1635) for the provision of services under the County’s Tourist Development Plan; and

 

C) the sixth amendment to the agreement dated October 17, 2017, with the Cultural Council of Palm Beach County, Inc. (CULTURE) (R2017-1632) for the provision of services under the County’s Tourist Development Plan.

 

SUMMARY: As part of Tourist Development Plan, the PBCSC, PBCFTC, and CULTURE (AGENCIES) host events and activities which in the best interest of the County are benefitted by having participation of County Commissioners, County Administration, County Officials, TDC members, and staff. The sixth amendment to the agreement with the PBCSC clarifies Sections 1.A and 3 of the agreement regarding County’s participation in tourism events and adds a new Exhibit “K” regarding a Sponsorship Benefits Package provided to the County in consideration of County’s payments to the PBCSC. The sixth amendment to the agreement with the PBCFTC clarifies Sections 1.A and 3, of the agreement regarding County’s participation in tourism events and adds a new Exhibit “L” regarding a Sponsorship Benefits Package provided to the County in consideration of County’s payments to the PBCFTC.  The sixth amendment to the agreement with CULTURE clarifies Sections 4, and 17, of the agreement regarding County’s participation in tourism events and adds a new Exhibit “C” regarding a Sponsorship Benefits Package provided to the County in consideration of County’s payments to CULTURE. The sixth amendments have been reviewed and approved by the TDC Board. Countywide (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

EE.      TOURIST DEVELOPMENT COUNCIL (Cont’d)

 

8.         Staff recommends motion to approve: the sixth amendment to the agreement dated October 17, 2017, with Discover Palm Beach County (DPBC) (R2017-1633) for the provision of services under the County’s Tourist Development Plan. SUMMARY:  As part of Tourist Development Plan, DPBC hosts events and activities, which in the best interest of the County are benefitted by having participation of County Commissioners, County Administration, County Officials, Tourist Development Council (TDC) members, and staff. The sixth amendment to the agreement with the DPBC clarifies Sections 1.A and 3 of the agreement regarding County’s participation in tourism events and adds a new Exhibit “N” regarding a Sponsorship Benefits Package provided to the County in consideration of County’s payments to the DPBC. The sixth amendment has been reviewed and approved by the TDC Board. Countywide (YBH)

 

9.         Staff recommends motion to approve: an agreement with Discover Palm Beach County, Inc., (DPBC) for the provision of services under the County’s Tourist Development Plan during the period of October 1, 2022, through September 30, 2027, for an amount not to exceed $14,217,090 in contractual services, $296,639 in County direct  costs, $9,501,744 in reserves, $7,000,000 in stimulus, $70,000 in special events, and $241,600 in beach payback, for a total of $31,327,073. SUMMARY:  The agreement provides for DPBC to provide tourism marketing services under the County’s Tourist Development Plan for a five-year period, from October 1, 2022, through September 30, 2027. The current contract (R2017-1633) as amended, expires on September 30, 2022. The agreement provides, among other things, for Fiscal Year 2023, Exhibit “A” – Annual Budget, Exhibit “H” - Performance Measures, Exhibit “I” – Salary Structure, Exhibit “K” – Table of Organization Chart, and Exhibit “M” – Organization Diversity Schedule. The agreement contains certain terms regarding County’s participation in tourism events, as further outlined in Exhibit “N” – Sponsor Benefits Package. This agreement has been approved by the Tourist Development Council (TDC) Finance Committee and TDC Board. Countywide (YBH)

 

 

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SEPTEMBER 13, 2022

 

 

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

 

            A)        Certificate of Recognition presented to Lawrence Mundy (District 7)

 

B)        Proclamation declaring September 16, 2022 as Lagoon Keepers Day in Palm Beach County (District 1)

 

C)        Proclamation declaring September 2022 as Hunger Action Month in Palm Beach County (District 6)

 

D)        Proclamation declaring September 2022 as Palm Beach County Senior Month (District 1)

 

E)        Proclamation declaring September 12-16, 2022 as Disability Voting Rights Week in Palm Beach County (District 4)

 

F)        Proclamation declaring September 13, 2022 as Jack and Barbara Nicklaus Day in Palm Beach County (District 5)

 

G)        Proclamation declaring September 24-October 2, 2022 as Diaper Need Awareness Week in Palm Beach County (District 4)

 

H)        Proclamation declaring September 26, 2022 as The Guatemalan – Maya Center Day in Palm Beach County (District 5)

 

I)          Proclamation declaring October 8-9, 2022 as National Firefighter Memorial Weekend (District 3)

 

J)        Proclamation declaring September 15 – October 15, 2022 as Hispanic Heritage Month in Palm Beach County (District 2)

 

K)        Proclamation declaring September 2022 as National Preparedness Month in Palm Beach County (District 3)

 

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SEPTEMBER 13, 2022

 

 

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

 

A.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: the issuance of a Pilot Program Services Primary Provider Certificate of Public Convenience and Necessity (COPCN) for the Town of Highland Beach for the period May 1, 2024 through December 31, 2028. SUMMARY: In accordance with the Palm Beach County Code, Chapter 13, Article II, EMS Ordinance, any agency desiring to provide primary Advanced Life Support (ALS) and ALS/Basic Life Support (BLS) transport services must submit an application to the County and meet the requirements for issuance of a COPCN.  Applications for primary provider COPCNs are issued every six years for a six-year term. Applications for COPCNs are accepted only during the time specified in the public notice, except that a COPCN for Pilot Program Services may be approved as provided in Section 13-24 of the EMS Ordinance. The Town of Highland Beach has applied for a Pilot Program Services Primary Provider COPCN. The EMS Ordinance Administrator’s responsibilities include reviewing the application for compliance with the EMS Ordinance application requirements, consideration of the need for the proposed service in the requested area, and preparing a report with recommendations for the EMS Advisory Council (Council).  Consideration of the need for the proposed services was primarily based on the Town of Highland Beach terminating their Interlocal Service Agreement with the City of Delray Beach for Fire and EMS Services effective midnight April 30, 2024; and the citizens of the Town of Highland Beach approved a referendum on November 2, 2021 to establish and fund the Highland Beach Fire and Rescue Department. The Administrator’s report with the recommendations was subsequently submitted to the Council for their review and recommendation.  On July 21, 2022, the Council reviewed the Administrator’s report on the application and heard an oral presentation from the Town of Highland Beach. Out of the 14 Council members voting, the Council voted (9 – yes, 5 – no) to postpone their decision until additional information was reviewed and the Council would re-convene on August 11, 2022. At the August 11, 2022 Council meeting, the Administrator reviewed the report with the recommendations previously submitted to the Council for their review and recommendation.  Out of the 14 Council members voting, the Council voted (14 – yes, 0 – no) to approve a Pilot Program Services Primary Provider COPCN for the Town of Highland Beach. District 4 (SB)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

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

 

B.        WATER UTILITIES

 

1.         Staff recommends motion to postpone and continue the Public Hearing, the adoption of the Resolution under Motion A, and the approval of the Work Authorization under Motion B, to December 20, 2022:

 

A) adopt a Resolution of the Board of County Commissioners, confirming the Special Assessment Roll for the 80th Lane North Water Main Extension (Project) and;

 

B) approve Work Authorization (WA) No. 23 to Johnson-Davis Incorporated (Contractor) under the Palm Beach County Water Utilities Department (PBCWUD) 2019 Pipeline Continuing Construction Contract (Contract) (R2020-0160) in the amount of $160,364.80. The total assessable cost including WA No. 23 for this Project is $213,285.72.

 

SUMMARY: The Project will provide potable water service to 12 residential properties currently on private wells. Petitions in favor of the installation of a potable water main were provided to PBCWUD with a 67% favorability rate (8 in favor, 0 not in favor, and 4 no response). Individual assessments of $17,773.81 per parcel will be assessed based on 90% of the total estimated cost of the Project. Each individual assessment was determined by using the parcel method to divide the assessable cost per parcel. The assessment is payable over a 20-year time period in equal annual payments of principal and 5.5% interest. The total assessable cost of the Project is $213,285.72 and includes the costs of surveying, design, drafting, permitting, construction, inspection, administration and construction contingency.  WA No. 23 will provide for the construction of the Project. This Contract was procured under the requirements of the Equal Business Opportunity Ordinance. On April 3, 2019, the Goal Setting Committee applied an Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise (SBE) subcontracting participation. This Contract provides for 20.07% SBE participation. WA No.23 includes 20.04% SBE participation. The cumulative SBE participation including WA No. 23 is 23.36%. Contractor is a Palm Beach County based company. The Project is included in the PBCWUD FY22 budget. (PBCWUD Project No. 21-013) District 6 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

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

 

C.       PLANNING, ZONING & BUILDING

 

1.         Staff recommends a motion to:

 

A) adopt an Ordinance of the Board of County Commissioners of Palm Beach County Florida, adopting an Interlocal Service Boundary Agreement with the City of Greenacres to coordinate future land use, public facilities and services, in advance of annexation; authorizing the Mayor of the Board of County Commissioners to sign the Interlocal Agreement; providing for severability; providing for captions; and providing for an effective date; and

 

B) initiate a Comprehensive Plan amendment to add by a reference in the Intergovernmental Coordination Element to the Joint Planning Area identified in the Interlocal Service Boundary Agreement between the City of Greenacres and the Board of County Commissioners.

 

SUMMARY: ln accordance with Palm Beach County policy to promote interlocal agreements with municipalities to address service delivery issues, Palm Beach County and City of Greenacres staff jointly prepared an lnterlocal Service Boundary Agreement (ISBA) and Joint Planning Agreement (JPA). In November 2020 and December 2020, the City of Greenacres and Palm Beach County respectively adopted resolutions to commence negotiations for an ISBA/JPA. The subject unincorporated area is within the future annexation area of the City, generally located on the southeast corner of Lake Worth Road and S. Jog Road, as depicted in Exhibit A of the ISBA/JPA. By Ordinance No. 2022-01, adopted on August 15, 2022, the City accepted the terms of the proposed ISBA/JPA, including an agreement with the County Fire Rescue to coordinate the transition of fire rescue services. On August 23, 2022, the BCC held a preliminary reading of this ordinance and authorized advertising for public hearing. The proposed ISBA/JPA does not annex any property, but rather provides a more flexible mechanism for annexation to occur within the proposed area. Pursuant to Section 171.203(9), Florida Statutes, requiring each party of the interlocal service boundary agreement to amend the intergovernmental coordination element of the Comprehensive Plan no later than six months following entry of the agreement, this item also initiates an amendment to acknowledge the agreement by reference. District 3 (DL)

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

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

 

D.        HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends a motion to adopt: a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, making certain findings and designating the real property located at 5976 Okeechobee Boulevard, within unincorporated Palm Beach County, Florida 33417, further identified by Property Control Numbers 00-42-43-26-00-000-1300, 00-42-43-26-00-000-1340, and 00-42-43-26-05-004-0000 (the Subject Property), as a Brownfield Area pursuant to Section 376.80(2)(c), Florida Statutes, to be known as The Town of Palm Beach - Okeechobee  Blvd. Former Landfill and Shooting Range Green Reuse Area, for the purpose of rehabilitation, job creation and promoting economic development; providing for an effective date; and, for other purposes. SUMMARY: On July 12, 2022, the BCC approved two motions to allow for a Brownfield Area designation of the Subject Property: 1) A waiver of the statutory requirement that one of two public hearings be held after 5:00 p.m.; and 2) The advertising of public hearings on Tuesday, August 23, 2022 at 9:30 a.m., and Tuesday, September 13, 2022 at 9:30 a.m.  On August 23, 2022, the BCC approved a motion to approve on first reading and to advertise for adoption on September 13, 2022. On June 2, 2022, CRE Fund at Okeechobee Boulevard LLC (CRE Fund), as contract lessor with the Town of Palm Beach, submitted a revised application to the Department of Housing and Economic Development to designate the Subject Property as a Brownfield Area.  The Subject Property was formerly operated as a permitted yard trash disposal facility and shooting range, and is impacted by metal and organic contaminants in soil and groundwater.  CRE Fund plans to develop the Subject Property as a mixed-use development.  The rezoning of the 27.66 acre site was approved at the May 26, 2022 BCC Zoning Hearing (Resolution R2022-0537), concurrent with a future land use amendment (Ordinance 2022-013), to allow for the development of 708 multifamily dwelling units, which includes 177 on-site Workforce Housing rental units, and 21,839 square feet of commercial uses.  The approved Preliminary Site Plan indicates two seven-story and three three-story residential buildings; six one-story buildings comprised of two Retail buildings, a Type 1 Restaurant, two club houses, and a guardhouse; 1,355 parking spaces; and, two recreational areas.  Prior to redevelopment, CRE Fund is seeking a “Brownfield Area” designation under Florida’s Brownfields Redevelopment Act. No County funds for implementation are required. District 2 (HJF)

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

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

 

            E.        PALM TRAN

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the 2022 update to the Title VI Program for Palm Tran public transportation services. SUMMARY:  Palm Beach County is a recipient of Federal Transit Administration (FTA) grants to operate the County's public transportation services, and is obligated to demonstrate compliance with the requirements outlined in Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin. As such, the County submits a formal Title VI Program to the FTA every three years incorporating necessary updates to fulfill all Federal obligations. The last update was submitted in 2019. The 2022 update includes all of the requirements outlined in FTA Circular 4702.1B, which was published on October 1, 2012, and identifies the policies and procedures that will be taken to ensure that Palm Tran provides services without excluding or discriminating on the grounds of race, color or national origin, or without creating additional barriers to accessing services and activities. The update must be approved by the BCC prior to submittal to FTA. The County's current Title VI Program expires on November 30, 2022. Countywide (MM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

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

 

F.         OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending the Palm Beach County Unified Land Development Code, Ordinance 2003-70, as amended, by amending Article 13, concerning updated language, countywide impact fee amounts and certain benefit zones, as follows: Chapter A - general, Chapter B - county district, regional, and beach parks impact fee; Chapter C - fire-rescue impact fee; Chapter D - library impact fee; Chapter E - law enforcement impact fee; Chapter F - public buildings impact fee; Chapter G - school impact fee; Chapter H - road impact fee; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Unified Land Development Code; providing for an effective date. SUMMARY: The Board of County Commissioners (the Board) conducted the first reading of the ordinance August 30, 2022 and granted permission to advertise the Public Hearing.  The Board unanimously voted to adjust all impact fees not to exceed 50%, per Section 163.31801, Florida Statutes. Adoption of the ordinance will also reduce the Park Impact Fee Benefit Zones from three zones to two zones; change the impact fee review period from a biennial review to a quadrennial review; and change the title of the Impact Fee Coordinator to Impact Fee Manager. Rates will be implemented in accordance with Section 163.31801 Florida Statutes beginning January 1, 2023. Countywide (RM)

 

 

G.        ADMINISTRATION

 

1.         Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending sections 14-81 and 14-82 of the  Palm Beach County Code; providing for authority; providing for required written fair notice of termination of residential tenancies with specific duration and certain tenancies without specific term and written fair notice requirements for rental payment increases for residential tenancies with specific duration and certain tenancies without specific term; providing for enforcement; providing for severability; providing for inclusion in the code; and providing for an effective date. SUMMARY: At the request of the Board of County Commissioners, this ordinance is being proposed for consideration and seeks to amend Sections 14-81 and 14-82 of the Palm Beach County Code to require a 60-day written notification for either non-renewal of a residential lease, termination of a residential lease, or an increase of the rental rate by more than 5% for tenancies of a specific duration under Sections 83.575(1), or for tenancies without a specific term under Sections 83.57(1) through (3), Florida Statutes.  This ordinance shall apply in unincorporated and incorporated areas of Palm Beach County, subject to certain limitations. Similar ordinances have passed in other counties in the state as well as several municipalities in Palm Beach County.  This ordinance provides that any municipal ordinances in Palm Beach County either adopted before or after the adoption of this ordinance would remain in effect.  It also allows a municipality to opt out of the provisions of this ordinance.  The ordinance provides for an enforcement mechanism in the unincorporated areas of the county through Palm Beach County Code Enforcement and includes fines for such violations.  In incorporated Palm Beach County, any municipal code enforcement officers or any law enforcement agency having jurisdiction of the area within which the residential tenancy at issue is located would enforce this ordinance. This ordinance is anticipated to have a beneficial impact for residents and will help renters navigate the highly competitive rental market by providing more time to adjust to higher rents or seek alternative housing, and will help landlords in sooner identifying certain residential units that may become available in order to identify new occupants. Countywide (MM)

 

 

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SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

A.        AIRPORTS

 

1.         Staff recommends motion to approve: 

 

A) the General Consulting Agreement with AVCON, Inc. (AVCON) for a term of two years, with two one year renewal options in the amount of $796,697.19 for the performance of Airport General Consulting Services related to the approved Palm Beach County Airports’ Capital Improvement Program; and

 

B) a budget transfer from Reserves in the amount of $796,698 to budget the AVCON contract.

 

SUMMARY:   In order to carry out the approved Capital Improvement Program for the County, the Department of Airports requires airport general consulting services. In accordance with Section 287.055, Florida Statutes, and PPM CW-O-048, AVCON was competitively selected to provide these services. The initial agreement of a potential multi-year contract in the amount of $796,697.19 will provide the Department of Airports with the necessary continuing professional services to implement the following services:  Level 1 Tasks – 2023 Annual Stormwater Pollution Prevention Plan (SWPPP) Compliance Monitoring, Inspection, and Training Services; 2022 Annual Airport Facilities Inspections and Level 3 Tasks – Miscellaneous Architectural, Engineering, Planning and Construction Consulting Services.  Work to be completed under these Task III Services will be issued per the level of authority contained in PPM CW-F-050, by way of a separate proposal or task authorization. AVCON is an Orlando, Florida based firm; however, the majority of the work to be completed in this agreement will be completed and/or managed through their Boca Raton, Florida offices in conjunction with several Palm Beach County-based sub-consultants and firms.  On September 1, 2021, the Goal Setting Committee established an Affirmative Procurement Initiatives (API) for this contract of a mandatory SBE subcontracting goal of 20%. The initial tasks to be awarded under the agreement contain SBE participation of 40.66%. AVCON is a State of Florida certified MBE firm and has committed to 37.75% SBE participation for this agreement. Pursuant to changes to Chapter 332, Florida Statutes, effective October 1, 2020, a governing body of a commercial service airport may not approve purchases of contractual services in excess of the Category Five threshold amount of $325,000 provided in Section 287.017, Florida Statutes, on a consent agenda. This agreement exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

A.        AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve: 

 

A) a contract with All Florida Contracting Services, LLC (AFCS) in the amount of $395,500 and 185 calendar days for the Fuel Farm Emergency Generator at Palm Beach County Glades (Pahokee) Airport; and

 

B) a budget transfer in the amount of $73,280 in the Airport’s Improvement and Development Fund to provide for the AFCS contract; including a transfer from Reserves of $73,280.

 

SUMMARY: This project was advertised utilizing the County’s competitive bid process.  On May 24, 2022, four bids were received for the Fuel Farm Emergency Generator at Pahokee Airport.  AFCS, a Broward County, Florida company has been identified as the lowest responsible/responsive bidder in the amount of $395,500. This project provides for the installation of an emergency generator system to power the existing fuel farm and airfield electrical vault, including generator enclosure with subbase fuel tank, all electrical conduit, conductors, automatic transfer switch, connections, foundation, and all required site work at Pahokee Airport.  A Disadvantaged Business Enterprise (DBE) goal of 8.22% was established for this project.  AFCS has committed to a minimum of 8.23% DBE participation. Pursuant to changes to Chapter 332, Florida Statutes, effective October 1, 2020, a governing body of a commercial service airport may not approve purchases of contractual services in excess of the Category Five threshold amount of $325,000 provided in Section 287.017, Florida Statutes, on a consent agenda. This contract exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

B.        ADMINISTRATION

 

1.         Staff seeks motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, establishing Non-Ad Valorem Special Assessments pursuant to the Palm Beach County Local Provider Participation Fund Ordinance for the purpose of benefitting assessed hospital properties through enhanced Medicaid payments for local services; and

 

B) approve a first amendment to an Interlocal Agreement entered into on September 14, 2021,  between the County and the Health Care District of Palm Beach County, (the District), for the provision of administrative coordination of the special assessment authorized by the Local Provider Participation Fund (LPPF) Ordinance.

 

SUMMARY: On August 26, 2021, the Board of County Commissioners adopted Ordinance 2021-024, establishing an LPPF Ordinance.  The LPPF Ordinance required 13 hospitals located in the Agency for Health Care Administration’s (AHCA) Region 9, which is Palm Beach County, to pay a uniform, Non-Ad Valorem Special Assessment, set annually by resolution of the Board of County Commissioners, on hospitals that have an ownership or leasehold interest in real property in Palm Beach County. Funds collected through the LPPF assessments are sent to the Florida AHCA, through intergovernmental transfers, consistent with federal guidelines, as the non-federal share of increased Medicaid managed care payments facilitated under a new hospital directed payment program, (DPP) that was approved for the State of Florida in 2021 by the Centers for Medicare & Medicaid Services. Through the DPP, AHCA will make payments to Medicaid managed care organizations (MCOs) in order to fund increased payments by MCOs to the local hospitals to fund services provided to Medicaid patients. This year, the assessment shall equal 0.20% of gross patient revenue for each Assessed Property specified in the attached Non-Ad Valorem Assessment Roll.  Staff recommends adoption of the Resolution of the Board of County Commissioners establishing Non-Ad Valorem Special Assessments pursuant to the LPPF Ordinance. Staff also recommends approval of the first amendment to the Interlocal Agreement with the District, which exercises a one-year renewal option so that the LPPF Assessments will continue to be coordinated and administered by the District.  Pursuant to the Resolution, the County and the District are compensated in an amount not-to-exceed $300,000, per the administration fee provision of the LPPF Ordinance. No County funds are required. Countywide (HH)

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

B.        ADMINISTRATION (Cont’d)

 

2.         MOVED TO PUBLIC HEARING (NOW 5G-1) Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending sections 14-81 and 14-82 of the  Palm Beach County Code; providing for authority; providing for required written fair notice of termination of residential tenancies with specific duration and certain tenancies without specific term and written fair notice requirements for rental payment increases for residential tenancies with specific duration and certain tenancies without specific term; providing for enforcement; providing for severability; providing for inclusion in the code; and providing for an effective date. SUMMARY: At the request of the Board of County Commissioners, this ordinance is being proposed for consideration and seeks to amend Sections 14-81 and 14-82 of the Palm Beach County Code to require a 60-day written notification for either non-renewal of a residential lease, termination of a residential lease, or an increase of the rental rate by more than 5% for tenancies of a specific duration under Sections 83.575(1), or for tenancies without a specific term under Sections 83.57(1) through (3), Florida Statutes.  This ordinance shall apply in unincorporated and incorporated areas of Palm Beach County, subject to certain limitations. Similar ordinances have passed in other counties in the state as well as several municipalities in Palm Beach County.  This ordinance provides that any municipal ordinances in Palm Beach County either adopted before or after the adoption of this ordinance would remain in effect.  It also allows a municipality to opt out of the provisions of this ordinance.  The ordinance provides for an enforcement mechanism in the unincorporated areas of the county through Palm Beach County Code Enforcement and includes fines for such violations.  In incorporated Palm Beach County, any municipal code enforcement officers or any law enforcement agency having jurisdiction of the area within which the residential tenancy at issue is located would enforce this ordinance. This ordinance is anticipated to have a beneficial impact for residents and will help renters navigate the highly competitive rental market by providing more time to adjust to higher rents or seek alternative housing, and will help landlords in sooner identifying certain residential units that may become available in order to identify new occupants. Countywide (MM)

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

C.        WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida approving the Westgate/Belvedere Homes Community Redevelopment Agency’s (CRA) Fiscal Year 2023 Budget for its Redevelopment Trust Fund and Capital Improvements Fund. SUMMARY: The budget is comprised of four components; (a) the Redevelopment Trust Fund, in the amount of $3,706,219, representing the CRA’s Annual Tax Increment Financing (TIF), rental income and balance brought forward from previous years; and (b) the Capital Improvement Fund, in the amount of $13,000,000, representing projected loan proceeds, balances of reimbursable grants awarded to the CRA by County, State, and Federal governments for construction activities; (c) the Transportation Planning Agency (TPA) Fund representing construction funds expected to be reimbursed by the TPA and the Florida Department of Transportation; and (d) the Debt Service Fund which shows how funds are allocated to pay back loans. The TIF revenues will be used for obligations to Florida Power & Light for street lighting, CRA operations and other programs and projects. Districts 2 & 7 (RS)

 

2.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida authorizing the Westgate/Belvedere Homes Community Redevelopment Agency’s (CRA) to issue a Revenue Note Series 2022 in a principal amount not to exceed $11 Million to finance roadway improvement projects within the CRA. SUMMARY: The CRA is seeking an $11 million loan to fund the construction of transportation improvement projects on Westgate Avenue, Seminole Boulevard and Cherry Road. The County Ordinance No. 89-6 (the Ordinance) that created the CRA allows the Agency to issue loans, but Section 163.358(3), Florida Statutes, stipulates that the issuance of revenue bonds by the CRA needs to be authorized by the Board of County Commissioners. However, the Community Redevelopment Act defines “bonds” as any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures, or other obligations. The CRA does not currently have any debt. The CRA will repay the loan with a portion of the Tax Increment Funds received annually in accordance with the Ordinance and the Amended Community Redevelopment Plan adopted on October 3, 2017 by County Resolution No. 2017-1522. The annual loan payment is estimated at $1.03 Million. Debt service fund will be included in the CRA annual budget. This loan is payable solely out of revenues pledged to and received by a community redevelopment agency and deposited to its redevelopment trust fund.  Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the loan. Districts 2 & 7 (RS)

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to:

 

A) approve a State Housing Investment Partnership (SHIP) Program award of $2,000,000 to Davis Commons, LLC in Partnership with the Community Land Trust of Palm Beach County and the Treasure Coast (CLT of PBCTC);

 

B) direct staff to negotiate the loan agreements; and

 

C) authorize the County Administrator or designee to execute the loan agreement(s), amendments thereto, and all other documents necessary for project implementation.

 

SUMMARY: On May 24, 2022, the Department of Housing and Economic Development issued Request for Proposals HED.2022.3 making $2,000,000 in SHIP funding available to developers for new construction of affordable housing.  A selection committee met at a public meeting on July 7, 2022, and recommended funding the Davis Commons, LLC in partnership with CLT of PBCTC who was the sole applicant. Davis Commons, LLC will develop Davis Commons, a 20-unit affordable townhome community on a two-acre site in unincorporated Palm Beach County near Lake Worth Beach. Palm Beach County donated one acre of the two-acre parcel to the Community Land Trust.  Eleven units will be developed on the County donated land. All 20 units will be SHIP assisted and will be affordable to homeowners with incomes no greater than 120% of Area Median Income. All SHIP assisted units will remain affordable in perpetuity in accordance with the Community Land Trust model. The total cost of the project is $7,547,235. The funding agreements and related documents pursuant to these SHIP funds will be between the County and the Community Land Trust or their respective successors and/or assigns. To facilitate project implementation, staff requests authorization for the County Administrator or designee to execute the loan agreements and related documents. These are State SHIP Program grant funds that do not require a local match. District 3 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) the proposed $10,302,276 Fiscal Year 2022-2023 State Housing Initiatives Partnership (SHIP) Program budget allocations for affordable housing strategies as follows:

 

·                     Purchase Assistance with/without Rehabilitation                       $2,500,000

·                     Foreclosure Prevention                                                                  $   507,049

·                     Owner Occupied Housing Rehabilitation                                    $2,700,000

·                     Emergency Repairs                                                                         $1,050,000

·                     Single Family New Construction                                                   $1,000,000

·                     Developer Rental Assistance Program                                        $1,000,000

·                     Project Delivery                                                                                $   515,000

·                     Administrative Costs                                                                        $1,030,227

 

B) a budget amendment to the Affordable Housing Trust Fund 2022-2023 Budget to recognize a funding allocation for the Fiscal Year 2022-2023 State Housing Initiative Partnership (SHIP) Program grant award of $10,302,276.

 

SUMMARY: Staff recommends that the Board of County Commissioners (BCC) approve the proposed SHIP budget allocations for Fiscal Year 2022-2023. Palm Beach County receives an annual allocation from the State of Florida Housing Finance Corporation through the SHIP Program to implement various affordable housing programs and other related activities.  On April 12, 2022, the BCC approved the SHIP Local Housing Assistance Plan for fiscal years 2022-2023, 2023-2024 and 2024-2025 (R2022-0374). For Fiscal Year 2022-2023, Palm Beach County will receive $10,302,276.  At the July 13, 2022 public meeting of the Commission on Affordable Housing, staff’s proposed budget recommendations received unanimous support. SHIP regulations require that a minimum of 65% of a local jurisdiction’s SHIP funding be allocated to homeownership activities, and 20% of the fiscal year’s funding allocation be expended on special needs households. Special needs households will be assisted through the Purchase Assistance, Foreclosure Prevention, Owner Occupied Housing Rehabilitation, Emergency Repair, Single Family New Construction, and the Developer Rental Assistance Program strategies. In accordance with SHIP regulations, the funds need to be encumbered within two years and expended within three years of allocation. These are State SHIP funds which require no local match. Countywide (HJF)

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

3.         Staff recommends motion to approve: a budget amendment of $248,225 to the Affordable Housing Trust Fund 2021-2022 Budget to recognize a funding increase to the Fiscal Year 2021-2022 State Housing Initiative Partnership (SHIP) Program grant award. SUMMARY: For SHIP Fiscal Year 2021-2022, which began on July 1, 2021, Palm Beach County received an allocation of $7,333,993 from the Florida Housing Finance Corporation (FHFC). The FHFC recently awarded the County an additional $248,225 in SHIP funds for Fiscal Year 2021-2022 which increased the total allocation to $7,582,218. These SHIP funds are to be used to implement various affordable housing programs and other related activities. Due to the increase in foreclosure prevention requests, the recommendation is to add these funds to the Foreclosure Prevention Program.  On April 16, 2019, the Board of County Commissioners approved the SHIP Local Housing Assistance Plan for Fiscal Years 2019-2020, 2020-2021 and 2021-2022 (R2019-0547).  These are State SHIP funds, which require no local match. Countywide (HF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

4.         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 (Calusa Pointe II) by the Housing Finance Authority of Palm Beach County, Florida (the Authority) in the principal amount of $20,000,000 (the Bonds). SUMMARY: The Bonds are being issued by the Authority to finance the costs of acquiring, constructing and equipping a multifamily rental housing facility containing approximately 144 units to be known as Calusa Pointe II (the Project). The Project will be located southeast of the intersection of SR 80 and CR 837A in the City of Belle Glade, 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 60% of area median income ($55,200 for a family of four for 2022). The Borrower (as defined below) has agreed that the Project will have a 50-year affordability period. The borrower is SP Field LLC, a Florida limited liability company, or an affiliate thereof (the Borrower), and the developer is Southport Development, Inc. The Bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower. Greenberg Traurig, P.A. is Bond Counsel to the Authority with respect to the Bonds, and RBC Capital Markets, LLC will be the underwriter or placement agent for the Bonds.  The resolution of the Authority authorizing the issuance of the Bonds will include language substantially as follows:

 

The County assumes no responsibility for monitoring compliance by the Borrower of applicable federal income tax, securities laws or other regulatory requirements.

 

The Borrower understands and agrees that it is responsible for, monitoring its compliance with all applicable federal income tax, federal securities law and other regulatory requirements, retaining adequate records of such compliance, and retaining qualified counsel to respond to or assist the Authority and the County in responding to any audit, examination or inquiry of the Internal Revenue Service, the Securities and Exchange Commission or other regulatory body.

 

The Borrower assumes responsibility for monitoring compliance with applicable provisions of federal tax laws and U.S. Treasury Regulations relative to the Bonds, and shall retain adequate records of such compliance until at least three years after the Bonds are retired.

 

In the event of any audit, examination or investigation by the Internal Revenue Service with respect to the tax-exempt status of the Bonds or any other related tax matters, the Borrower shall be responsible for retaining qualified counsel to respond to such audit. 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 6 (HJF)

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

E.        FACILITIES DEVELOPMENT AND OPERATIONS

 

1.         Staff recommends motion to approve:

 

A) termination of the Lake Park Interlocal Agreement (R2010-1943) with the Town of Lake Park (Town) and authorize the County Administrator or designee who in this case shall be the Director of Facilities Development & Operations, to execute documents to effectuate the same and which may be required to clear title;

 

B) acceptance of and reallocation of $2,400,000 of Waterfront Access Bond funds reimbursed by the Town pursuant to the Lake Park Marina Interlocal Agreement, to the Peanut Island Improvements project; and

 

C) a budget amendment of $2,400,000 within the Waterfront Access Bond to establish budget in the Peanut Island Park Improvements project.

 

            SUMMARY:  On November 16, 2010, the County and Town entered into an Interlocal Agreement, which provided the Town with $2.4 million from the Waterfront Access Bond for the planned expansion of the Lake Park Marina (Marina) to be accomplished in two phases over a term of five years. First, the acquisition of 0.8 acres of land adjacent to the Marina for the expansion of boat trailer parking and second, closing of Lakeshore Drive to develop a pedestrian promenade. The Town closed on the acquisition in December 2010 using the County’s grant funding and completed the boat trailer parking lot expansion.  However, closing of Lakeshore Drive to develop a pedestrian promenade was delayed pending adoption of changes to the Town's Comprehensive Plan and zoning regulations designed to encourage high intensity mixed-use redevelopment. All required Comprehensive Plan amendments and zoning regulations were adopted as of May 2018.  While it was the Town's intent to select a developer through either a Request for Proposals (RFP) or Public Private Partnership (PPP) procurement process, in January 2021, the Town received two unsolicited proposals for the development of the Marina and adjacent area. The Interlocal Agreement has been amended thrice (in 2014, 2019 and 2020) to provide the Town sufficient time to complete the redevelopment process. Pursuant to the Interlocal Agreement as amended, the Town had until October 20, 2021 to complete the RFP and/or PPP process and present to the Board of County Commissioners for its review the proposal it had selected as the most responsive. On January 24, 2022, the Town notified the County that it intended to reimburse the funds received from the Waterfront Access Bond and on July 15, 2022, it delivered to the County the corresponding payment. Since the Town has reimbursed the County, staff recommends that the Interlocal Agreement be terminated and funds reallocated to the Peanut Island Improvements project noting that to ensure compliance with U.S. Treasury Regulations applicable to the issued bond, the funds will need to be expended within two years of receipt. (PREM) Districts 1 & 7 (HJF)

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

F.         PARKS & RECREATION

 

1.         Staff recommends motion to approve:  a Memorandum of Understanding (MOU) between Palm Beach County, the City of Riviera Beach, the Town of Palm Beach and the Town of Palm Beach Shores for the recreational and educational use of the leased area of Peanut Island. SUMMARY: The Port of Palm Beach (Port) and Palm Beach County (County) have agreed to a long-term lease agreement (R2022-0034) for the renovation, operation and management of approximately 42 acres of land on Peanut Island including the historic Coast Guard facilities and Kennedy Bunker.  Peanut Island is located within the Intracoastal Waterway adjacent to the Lake Worth Inlet and the municipalities of Riviera Beach, Palm Beach and Palm Beach Shores. It is the County’s desire to work closely with all parties to the MOU to seek input on program offerings and cross-promote the facilities as a local resource and for destination tourism.  The municipal parties to this MOU will communicate and coordinate with the County if they wish to sponsor a group for a guided tour of the historic facilities or visit the island as part of a community-wide celebration or program. This MOU shall be effective once executed by the Board and will remain in effect until the 30-year term lease with one 25-year renewal option between the County and the Port terminates. Districts 1 & 7 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 13, 2022

 

 

6.         REGULAR AGENDA

 

G.        TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: a fully executed XII Federation of International Polo, World Polo Championship Agreement (Agreement) for the Federation of International Polo, World Polo Championship (WPC) with Global Polo Entertainment, Inc. (GPE), USPA Global Licensing, Inc. (USPAGL), and the Palm Beach County Sports Commission, Inc. (PBCSC), for $100,000 for the promotion of Palm Beach County through the Federation of International Polo, World Polo Championship (WPC) related marketing and events hosted in Palm Beach County. This agreement is between the Sports Commission and the GPE in which Palm Beach County is not a party to this item. SUMMARY:  Recently the property, which has been known as the International Polo Club was sold to the United States Polo Association (USPA) and renamed the USPA National Polo Center, with that sale came a commitment from the GPE to host the WPC. The WPC is considered the Olympics of polo and is expected to generate 4,640 room nights in Palm Beach County during the two weeks of competition.  These room nights are based on eight polo teams/400 participants from around the World, including players, equestrian sport staff, barn managers, grooms, exhibitors, and vendors with an additional 2,500 traveling spectators from Latin America, Europe, and the United States.  Estimated spending in Palm Beach County will produce an approximate economic impact of $5,051,881. This Agreement is between the PBCSC, GPA, and USPAGL, to which Palm Beach County is not a party. The investment funding from Palm Beach County through the agreement with the PBCSC and is budget through the special events line item which funding Tourist Development Council (TDC) Sports Commission Agency budget will not exceed $100,000 as approved by the Sports Commission PBCSC and the Tourist Development Council. TDC. As part of the Agreement Palm Beach County will be featured prominently as the Title Sponsor on all marketing vehicles, including social media, digital and print publications. In addition, two 30-second commercials will be aired, one on Global Polo TV during the opening game and re-aired during the final game and the second on ESPN linear broadcast and on-demand during the opening game.  Recognition during the trophy ceremony and introductions to Federation of International Polo representatives will create opportunities to build relationships for future events and solidify Palm Beach County as the headquarters for U.S. Polo. District 6 (YBH)

 

 

 

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RECESS AS THE BOARD OF COUNTY COMMISSIONERS

 

 

CONVENE AS THE CHILD CARE FACILITIES BOARD


SEPTEMBER 13, 2022

 

 

7.         BOARD OF COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD

 

A.        HEALTH DEPARTMENT

 

1.         Staff recommends motion to approve: the appointment of members to the Child Care Advisory Council to fill the positions listed below.

 

SEAT #

NOMINEE:

REQUIREMENT:

Term

NOMINATED BY:

2

Karen Davis-Robinson

Represents and operates a Large Family Child Care Home as a private enterprise.

10/1/22 to 9/30/25

Mayor Weinroth

Comm. McKinlay

7

Colleen Kelly-Statler

Represents the Department of Children and Families.

10/1/22 to 9/30/25

Mayor Weinroth

Comm. McKinlay

 

SUMMARY: The Child Care Advisory Council is comprised of seven members who serve at the pleasure of the Board of County Commissioners.  Members must consist of two members who represent and operate private child care facilities in Palm Beach County, one of whom operates a family day care home or large family child care home; one member who represents and operates a parochial child care facility in Palm Beach County; one consumer protection enforcement official; one member for fire protection, engineering or technology; and one member who, at the time of appointment, was the parent of a child attending a child care facility in Palm Beach County; and one representative from the Florida Department of Children and Families. The applicant for appointment to Seat 2, Karen Davis-Robinson, is the owner and operator of Robinson Tiny Tots Family Child Care LLC.  She has owned her Family Child Care Home since 2014. The applicant for appointment to Seat 7, Colleen Kelly-Statler, is a contract manager with the Department of Children and Families with over 24 years of experience in serving children and families in Palm Beach County.  She was appointed to the Council on October 1, 2021 to complete the term of a predecessor. She is recommended for appointment to her first full term of service. The diversity count for the six seats currently filled is Caucasian: 3 (50.0%), African American: 2 (33.3%), and Hispanic-American: 1 (16.7%).  The gender ratio (female: male) is 6:0. The nominee for Seat 2 is an African American female and the nominee for Seat 7 is a Caucasian female. Staff continues to address the need for increased diversity within our boards and will continue to encourage expansion of this Council’s diversity. Countywide (HH)

 

 

 

 

 

ADJOURN AS THE CHILD CARE FACILITIES BOARD

 

RECOVENE AS THE BOARD OF COUNTY COMMISSIONERS

 

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


SEPTEMBER 13, 2022

 

 

8.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


SEPTEMBER 13, 2022

 

 

9.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

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

 

 

 

 

 

 B.       COUNTY ATTORNEY

 

 

 


SEPTEMBER 13, 2022

 

 

10.       COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER MARIA G. MARINO

 

           

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

            Request for off-site Certificate of Recognition to Helman Ruiz

            Request for off-site Certificate of Recognition to Abraham Segundo

            Request for off-site Certificate of Recognition to Carlos Mahecha

            Request for off-site Certificate of Recognition to Mirta Luaces

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

Request for off-site Proclamation declaring September 25-October 1, 2022 as Childhood Cancer Awareness Week in Palm Beach County

 

 

District 5 - COMMISSIONER MARIA SACHS

 

Request for off-site Certificate of Congratulations presented to Linda Lavrey on her 70th birthday

 

Request for off-site Certificate of Congratulations presented to Andria Shore on her 70th birthday

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

           

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 


SEPTEMBER 13, 2022

 

 

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

 

 

 

 

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SEPTEMBER 13, 2022

 

 

12.       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."