March 12, 2024
8:00 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MARCH 12, 2024
PAGE ITEM
42 3X2 *DELETED – staff pulled for further review, moved to
4/2/24 (PSD)
61 6A1 *REVISED MOTION / TITLE /
SUMMARY / Staff
recommends motion to
approve: Appointment of two (2)
members to the Zoning Commission (ZC) for the term of March 12, 2024 to
February 2, 2027, to fill the vacancy for two (2) at-large seats, Seat #8 and
Seat #9.
Nominees Nominated By
Jess
Sowards Commissioner
Bernard
Commissioner
Baxter
or
James
Williams Commissioner
Bernard
or
Susan
Kennedy Vice Mayor
Marino
or
Rolando
Barrero Mayor Sachs
or
William
Reicherter Commissioner
Baxter
or
Jean Marie
DaRocha Commissioner
Woodward
SUMMARY:
The primary function of the Zoning Commission (ZC) is to take action on
and make recommendations to the Board of County Commissioners (BCC) regarding
proposed zoning applications and proposed revisions to the Unified Land
Development Code (ULDC). The Zoning Division sent a memorandum to the BCC on
February 5, 2024 requesting nominations. The ZC is comprised of nine (9) members, with
each County Commissioner appointing one (1) member each and two (2) members
appointed at-large by a majority vote of the BCC. The term of office is three (3) years and as
of March 2, 2013 (R2013-0193), no person shall be appointed or reappointed for
more than three (3) consecutive terms. Pursuant to ULDC Article 2.G.L.3,
“consideration shall be given to applicants who have experience or education in
planning, law, architecture, landscape architecture, natural resource
management, real estate, engineering, and related fields.” Mr. Jess Sowards has
completed one (1) term in ZC Seat #9, is
available for re-appointment, and regarding attendance has attended all but one
(1) out of the past twelve (12) ZC meetings. Mr. Jess Sowards has disclosed
that he has an ownership position in Currie Sowards Aguila Architects, that
contracts with the County for architectural services. The ZC provides no
regulation, oversight, management or policy-setting recommendations regarding
the subject contract. Disclosure of these contractual relationships at a duly
notice public meeting is being provided in accordance with the provisions of
Sec. 2-443, of the Palm Beach County Code of Ethics. The ZC consists of nine
members, with six (6) seats currently filled with a diversity count of: five
(5) Caucasian (83%) and one (1) African-American (17%). Mr. Jess
Sowards, Mr. James Williams and Mr. William Reicherter are Caucasian
males, Mr. Rolando Barrero is a Hispanic-American male, Ms. Susan Kennedy and
Ms. Jean Marie DaRocha are Caucasian females. Staff is addressing the need to
increase diversity within our Board and will continue to encourage this to
expand this Board’s diversity. Countywide (SS)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*). *
* * * * * * * * * *
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 12, 2024
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 9 - 46)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 47 -
50)
5. REGULAR
AGENDA (Pages 51 - 60)
6. BOARD
APPOINTMENTS (Pages 61 - 62)
7. STAFF
COMMENTS (Page 63)
8. BCC
COMMENTS (Page 64)
9. ADJOURNMENT (Page 65)
* * * * * * * * * * *
MARCH 12, 2024
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Contract
with Heavy Civil, Inc. for the construction of drainage improvements on A1A.
Page 10
3C-2 Contract
with Florida Blacktop, Inc. for the construction of Palmetto Park Road & SR
7.
E. COMMUNITY SERVICES
Page 10
3E-1 Agency
for Health Care Administration Health Care Licensing Renewal Application to
renew the Division of Senior and Veteran Services North County Adult Day Care
Center license.
Page 11 - 12
3E-2 Ratify
the Mayor’s signature on Standard Agreement for the Older American Act.
Page 13
3E-3 Amendment
No. 5 with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. to
amend, revise and replace portions of the standard agreement and increase the
overall total funding.
Page 14 - 15
3E-4 Amendments
with Area Agency on Aging of Palm Beach/Treasure Coast, Inc., and with AAA to
revise and replace portions of the standard agreements.
Page 16
3E-5 Ratify
the Mayor’s signature on the Ryan White HIV/AIDS Program Part A Estimated
Unobligated Balance Report.
Page 17
3E-6 Amendment
No. 7 to DCF Unified Homeless Grant Contract to increase the grant award
amount.
MARCH 12, 2024
TABLE OF CONTENTS
CONSENT AGENDA
E. COMMUNITY SERVICES
Page 18
3E-7 Subrecipient
Agreement with The Salvation Army in Emergency Solutions Grant programs funds
to provide emergency shelter to families with minor children experiencing
homelessness.
Page 19
3E-8 Amendment
No. 1 to the Low Income Home Energy Assistance Program Vendor Agreement with
FP&L, and with City of Lake Worth Beach Utilities.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 20
3G-1 Negotiated
settlement for full satisfaction of a code enforcement lien against Arlene J.
Lynch.
Page 21
3G-2 Negotiated
settlement for full satisfaction of a code enforcement lien against Andrew D.
and Karyl J. Baxter.
3G-3 Budget
Transfer in the ARPA Response Replacement Projects Fund to modify project
budgets of previously approve categories.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 22
3H-1 Second
Amendment to the Interlocal Agreement with the City of Boca Raton to replace
and update the substantial completion date for the construction of the 400’
self-supported public safety radio communications tower.
3H-2 Temporary
Construction Easement in favor of South Florida Regional Transportation
Authority
to allow temporary use for a construction staging
area.
Page 23
3H-3 Zero-dollar
value Change Order No. 1 with Lebolo Construction Management, Inc. for the
Jupiter Health Center Renovations project.
Page 24
3H-4 First
Amendment with JFK Medical Center to extend the term of the Agreement for interoperable
communications.
Page 25
3H-5 First
Amendment with Jupiter Medical Center Inc. to extend the term of the Agreement
for interoperable communications.
MARCH 12, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 26
3H-6 Change
Order No. 5 with Lebolo Construction Management, Inc. for the C.L. Brumback
Health Center Renovations project to increase the construction days.
Page 27
3H-7 Change
Order No. 19 with Kast Construction Company LLC for the Supervisor of Elections
Production Facility project.
Page 28
3H-8 Declaration
of Easement in favor of Palm Beach County for water meter, a back flow
preventer, a fire hydrant, and appurtenant equipment.
Page 29
3H-9 Standard
License Agreement for Use of County-Owned property, and a First Amendment
adjacent to the County Stockade and property located at 9620 Weisman Way.
Page 30
3H-10 License
Agreement in favor of Hotwire Communications, Ltd. to use County-Owned property
known as Roger Dean Stadium Sports Complex.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 31
3I-1 Impact Fee Affordable Housing Assistance
Program funding award, and authorize the
Mayor to execute a Certificate of Award.
Page 32
3I-2 Amendment 002 with the City of Greenacres
extending the Agreement completion date.
Page 33
3I-3 Amendment 002 with the City of Lake Worth
Beach to extend the performance timeline.
K. WATER UTILITIES
Page 34
3K-1 Consultant
Services Authorization No. 7 with Mock, Roos & Associates, Inc. for
Engineering Services for the East-West Water Main Interconnection Feasibility
Study.
MARCH 12, 2024
TABLE OF CONTENTS
CONSENT AGENDA
K. WATER UTILITIES
Page 35
3K-2 Contract
with DMR Construction Services, Inc. for Western Region North Wastewater
Treatment Facility.
3K-3 Second
Amendment with Seacoast Utility Authority to purchase and sale of Bulk Potable
Water and Wastewater Service.
Page 36
3K-4 Interlocal
Agreement with the City of West Palm Beach, East Center Regional Wasterwater
Treatment Facilities Operation Board, and the Palm Beach County for Enhancement
of the Reclaimed Water Facility; and Work Order NO. 3 with Globaltech, Inc. for
design and construction of the enhancements/improvements.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 37
3L-1 Resolution
authorizing Director of ERM to submit a grant application FWC Florida Boating Improvement Program grant
for construction costs for the Old Bridge Park Dock Replacement project.
M. PARKS & RECREATION
Page 37
3M-1 Entertainment Contractor Agreement with Frank
LoVerso for the Whitestone concert.
Page 38
3M-2 Special Events Rental Agreement with Lights 4
Hope, Inc. for the Lights 4 Hope Event.
N. LIBRARY
Page 39
3N-1 Agreement
with Palm Beach County Food Bank, Inc. to provide Weekend Meal Program to
children.
Q. CRIMINAL JUSTICE COMMISSION
Page 40
3Q-1 Appointment
of one new member to the Criminal Justice Commission.
MARCH 12, 2024
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY
Page 41
3X-1 Agreements
with Public Safety Answering Point locations for the installation, operation
and maintenance of the 9-1-1 emergency call handling system.
Page 42
3X-2 Memorandum
of Agreement with Palm Beach State College to formalize the coordination
efforts for the delivery of forensic exams and services when responding to
student and employee victims of sexual assault.
Z. RISK MANAGEMENT
Page 42
3Z-1 First
Amendment with Diagnostic Centers of America, LLP for the provision of certain
medical services.
Page 43
3Z-2 Memorandum
of Understanding with FLHSMV for Driver’s License and/or Motor Vehicle Record
Data Exchange.
Page 44
3Z-3 Renewal
of the excess property, excess liability, excess workers’ compensation
insurance programs and ancillary policies with Risk Management Associates, Inc.
CC. SHERIFF
Page 45
3CC-1 Budget Transfer from LETF for PBSO’s support of
various programs for its strong commitment to the prevention and reduction of
crime throughout Palm Beach County.
MARCH 12, 2024
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
A. HOUSING AND ECONOMIC DEVELOPMENT
Page 46
4A-1 Tax Equity & Fiscal Responsibility Act
Public Hearing concerning issuance in County Industrial Development Revenue
Bonds, and adopt a Resolution.
B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 47
4B-1 Adopt an Ordinance as amended to the Surplus
Property Ordinance.
Page 48
4B-2 Approve a Resolution approving Fiscal Year
2024 Mid-Year Budget Amendments and Transfers.
C. OFFICE OF EQUAL BUSINESS OPPORTUNITY
Page 49
4C-1 Adopt an Ordinance modifying the definition
of the current gross annual revenue size standards for small businesses.
REGULAR AGENDA
A. HOUSING AND ECONOMIC DEVELOPMENT
Page 50
5A-1 Adopt a Resolution providing for a
referendum to determine whether the Board may grant economic development ad
valorem tax exemptions to new businesses and expansions of existing buisnesses.
Page 51 - 52
5A-2 Rescind the American Rescue Plan Act
Response Replacement Fund award to Vita Nova, Inc.; approve HOME American
Rescue Plan Program, and direct staff.
Page 53
5A-3 Approve two ad-valorem funded positions for
HED to assist with the administration of housing programs.
Page 54
5A-4 2023 Crime Statistics Report for the Palm
Beach County Urban High-Crime Job Tax Credit Program.
MARCH 12, 2024
TABLE OF CONTENTS
REGULAR AGENDA
B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 55
5B-1 Adopt a Resolution approving revisions to
the Investment Policy.
C. FACILITIES DEVELOPMENT & OPERATIONS
Page 56
5C-1 Second Amendment with Connemara Associations,
Inc. extending the term of agreement.
Page 57
5C-2 Interlocal Agreement with the Town of
Hypoluxo for the purchase of land located at 7200 S. Federal Highway.
Page 58
5C-3 Request from staff for direction regarding
the potential disposition of the County-Owned property located at 429 Park
Place.
Page 59 - 60
5C-4 Request from staff for direction regarding
the master planning of the 45th Street Complex.
BOARD
APPOINTMENTS (Pages 61 - 62)
6A-1 Appointment
of two (2) members to the Zoning Commission.
6B-1 Commissioner
District Board Appointments.
STAFF
COMMENTS (Page 63)
BCC COMMENTS (Page 64)
ADJOURNMENT (Page 65)
MARCH 12, 2024
3. CONSENT AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Date Meeting Type
January
30, 2024 Workshop
February
6, 2024 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
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a
contract with Heavy Civil, Inc. (HCI) in the amount of $345,122.50 with a
contract time of 240 calendar days for the construction of drainage
improvements on A1A from Indiantown Road to approximately 650’ north (Project).
SUMMARY: Approval of this
contract will authorize the construction services necessary to install drainage
pipes, structures, and water quality improvements for the Project. On May 3,
2023, the Goal Setting Committee applied an Affirmative Procurement Initiative
of a 20% minimum mandatory Small
Business Enterprise (SBE) participation. HCI agreed to 20.8% SBE participation
for this contract. Bids for the
contract were received by the Engineering & Public Works (EPW)
Department on November 7, 2023. HCI was the lowest responsive bidder of two
bidders. The contract time for the Project is 240 calendar days. This Project is included in the Five-Year
Road Program. District 1
(YBH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to approve: a
contract with Florida Blacktop, Inc. (FBI) in the amount of $587,622.84 with a
contract time of 180 calendar days for the construction of Palmetto Park Road
& SR 7 and SW 18th Street & SR 7 Intersection Improvements
(Project). SUMMARY: Approval of
this contract will authorize the construction services necessary to relocate and reconfigure the traffic separators on
both Palmetto Park Road and SW 18th Street to extend the left turn
lanes to go south on SR 7. On August 2, 2023, the Goal Setting Committee
applied an Affirmative Procurement Initiative of a 20% minimum mandatory Small Business Enterprise (SBE) participation.
FBI agreed to 63.96% SBE participation for this contract. Bids for the contract were received by
the Engineering and Public Works Department (EPW) on November 7, 2023. FBI was
the lowest responsive bidder of four bidders. The contract time for the Project
is 180 calendar days. FBI 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 5
(YBH)
E. COMMUNITY SERVICES
1. Staff recommends
motion to receive and file: the Agency for Health Care Administration (AHCA) Health Care Licensing
Renewal Application, for the period March 18, 2024 through March 17, 2026, to
renew the Division of Senior and Veteran Services (DSVS) North County Adult Day
Care Center license as required by AHCA. Summary:
AHCA is responsible for the licensure and regulation of health facilities,
including adult day care centers. Adult day care centers are required to be
licensed by AHCA with a renewal every two (2) years through a licensing
application process. The attached AHCA Health Care Licensing Application is
required 60 days prior to the expiration of the current license, which is March
17, 2024. The licensing renewal enables DSVS to continue to operate the adult
day care center. The center provides support and care for the elderly and/or
adults with Alzheimer’s and for adults with disabilities so that they can live
independently. There is no cost to Palm Beach County as county-operated or
municipally operated centers applying for licensure are exempt from the payment
of license fees. On July 11, 2017, the Board of County Commissioners
authorized the County Administrator, or designee, to execute renewal
applications for this purpose. 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. DSVS is responsible for providing services north of Hypoluxo Road. The
areas of service include all of the districts, excluding District 2, 4, 5 and 7
south of Hypoluxo Road. The Mae Volen Senior Center, Inc. is responsible for
providing services in the areas south of Hypoluxo Road. (DSVS) Countywide
except for portions of Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
2. Staff recommends
motion to:
A) ratify
the Mayor’s signature on Standard
Agreement No. IA024-9500
for the Older Americans Act (OAA) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA), for the period January 1, 2024 through
December 31, 2024, in an amount not-to-exceed
$3,189,303, to provide in-home and community based services to seniors; and
B) approve an
upward Budget Amendment of $974,641 in the Division of Senior and Veteran
Services (DSVS) Administration Fund to align the budget to the actual grant
award.
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
2. Summary: The OAA Standard Agreement
(Catalog of Federal Domestic Assistance (CFDA) #93.044, #93.045 & #93.052)
allows DSVS to continue providing services to eligible seniors age 60 and older
and their caregivers. OAA provides
funding for critical services that help older adults maintain their
independence. Services include caregiver and in-home support services
and meals. The congregate meal program provides meals and nutrition education
in churches, community and senior centers and other public and private
facilities strategically located throughout Palm Beach County. The home-delivered
meal program provides meals and nutrition education to homebound seniors. The
in-home services program provides support services to families/caregivers
caring for frail older family members. In Grant Year (GY) 2023, spanning from
January 1, 2023, to December 19, 2023: OAA 3B served 199 clients, with a
contract amount of $2,530,720; OAA C2 served 423 clients, with a contract
amount of $707,667; OAA C1 served 1,628 clients, with a contract amount of
$861,030; and OAA 3E served 72 clients, with a contract amount of $415,448. In
GY 2022, from January 1, 2022, to December 31, 2022: OAA 3B served 241 clients,
with a contract amount of $1,146,877; OAA C2 served 457 clients, with a
contract amount of $568,852; and OAA 3E served 74 clients, with a contract amount
of $170,049. There is a required County
match under 3B CFDA No. 93.044 in the amount of $141,256, C1 CFDA No. 93.045 in
the amount of $80,726, C2 CFDA No. 93.045 in the amount of $91,350 and 3E CFDA
No. 93.052 in the amount of $19,556, totaling $332,888, which is already
included in the budget. No additional County match is required. The number
of seniors served is based on the amount of the grant and the need of the
clients. The upward budget amendment is necessary to align the County budget
with the actual grant award. DSVS is responsible for providing services north
of Hypoluxo Road. The areas of service include all of the districts, excluding
District 2, 4, 5 and 7 south of Hypoluxo Rd. The Mae Volen Center, Inc. is
responsible for providing services in the areas south of Hypoluxo Road. The emergency signature process was utilized
because there was not sufficient time to submit the required form through the
regular agenda process. (DSVS) Countywide except for portions of
Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
3. Staff recommends motion to:
A) receive and file Amendment 005 to Standard Agreement
No. IRP22-9500 (R2022-0395) for the American
Rescue Plan Act (ARPA) with the Area Agency on Aging of Palm Beach/Treasure
Coast, Inc. (AAA), for the period January 1, 2022 through
September 30, 2024, to amend, revise and replace portions of the standard
agreement and increase the overall total funding by $500,000 for a new
not-to-exceed amount of $2,662,277, to prevent, prepare
and respond to the pandemic
by providing supportive services to vulnerable seniors; and
B) approve an upward Budget Amendment of $500,000 in the
Division of Senior and Veteran Services (DSVS) Administration Fund to align the
budget with the amended grant award.
Summary: To address the requirements of senior citizens and family caregivers, the American
Rescue Plan (ARP) Program prevents, prepares for, and responds to the
coronavirus pandemic. Amendment 005 increases
funding by $500,000. On December 19, 2023, the Board of County Commissioners
(BCC) approved Older Americans Act Amendment 004 to Standard Agreement
IRP22-9500, which reduced the allocation for ARP Home Delivered Meals under
Title III-C2 of the Older Americans Act by $500,000, allowing AAA to reallocate
the funds for ARP Family Caregivers under Title III-E of the Older Americans
Act. On December 19, 2023, the BCC authorized the County Administrator, or
designee, signatory authority on additional forms, contracts/agreements and
amendments thereto. In accordance with County PPM CW-O-051, all delegated
contracts, agreements, and grants must be submitted by the initiating Department
as receive and file agenda item. DSVS is responsible for providing
services north of Hypoluxo Road. The areas of service include all of the
districts, excluding District 2, 4, 5 and 7 south of Hypoluxo Road. The Mae
Volen Center, Inc. is responsible for providing services in the areas south of
Hypoluxo Road. There is a 10% required
County match in the amount of $55,556 that is already included in the budget. ARP Amendment 005 Catalog of Federal
Domestic Assistance (CFDA) Number is 93.045. (DSVS) Countywide except for
portions of Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
4. Staff recommends
motion to:
A) receive and file Amendment 003 to Standard Agreement No. IZ023-9500 (R2023-1279) for Alzheimer’s Disease Initiative (ADI) with Area Agency on Aging of
Palm Beach/Treasure Coast, Inc.
(AAA) for
the period July 1, 2023 to June 30, 2024, to
revise and replace portions of the
Standard Agreement, with no change to the total agreement amount of
$2,365,100,
to assist seniors afflicted with
Alzheimer’s disease and dementia, as well as their caregivers, with services to
help seniors reside independently in their homes;
B) receive and file Amendment 002 to Standard Agreement No.
IC023-9500 (R2023-1277) for Community Care for the Elderly (CCE) with AAA for the period July 1, 2023 to June 30, 2024, to revise and replace portions of the Standard Agreement,
with no change to the total agreement
amount of $3,128,970, to prevent or delay
institutional placement;
C) receive and file Amendment 002 to Standard Agreement No. IH023-9500 (R2023-1278) for Home
Care for the Elderly (HCE) with AAA for the period July 1,
2023 to June 30, 2024, to revise and replace portions of the Standard
Agreement, with no change to the total
agreement amount of $187,863, to encourage the
provision of care for seniors in family-type living arrangements in private
homes as an alternative to institutional care settings;
D) receive
and file Amendment 003 to Standard Agreement No.
IH023-9500 (R2023-1278) for HCE with AAA for the period July 1,
2023 through June 30, 2024, to revise and replace portions of the Standard Agreement, with no change to the total agreement amount of
$187,863, to encourage the provision of care for elders in
family-type living arrangements in private homes as an alternative to
institutional care settings;
E) receive
and file Amendment 004 to Standard Agreement No. IA023-9500 (R2023-0485) for Older Americans Act (OAA)
with AAA for the period for period January 1, 2023 to December 31, 2023, to revise and replace portions of the Standard Agreement, with no change to the total agreement amount
of $4,726,627.37, to provide
in-home and community based services to seniors; and
F)
approve a Budget Transfer
in the Division of Senior and Veteran Services (DSVS) Administration Fund to
align the budget to the actual grant award.
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
4. Summary: In Grant Year (GY) 2023, from July 1,
2023 to December 31, 2023, these proposed amendments revised service rates and
clarified various procedures in these Standard Agreements that enabled DSVS to offer
a range of services to seniors and their caregivers. The CCE Agreement (Catalog
of State Financial Assistance (CSFA) 65.010) allows DSVS to provide medical
supplies, emergency alert response, personal care, respite, and other
community-based services, and served 214 clients in GY 2023. The HCE Agreement
(CSFA 65.001) allows DSVS to assist seniors and caregivers with a basic monthly
subsidy for medical supplies and other necessary services, and served 64
clients in GY 2023. The ADI Agreement (CSFA 65.002 and 65.004) enables DSVS to
offer medical supplies and respite for caregiver relief, and served 124 clients
in GY 2023. Additionally, under the OAA Agreement 004 (Catalog of Federal
Domestic Assistance (CFDA) #93.044), DSVS provides congregate and home-delivered
meals, homemaker services, personal care, and a variety of other services. The
budget transfer is necessary to align the County budget with the actual grant
award. DSVS is responsible for providing services north of Hypoluxo Rd. The
areas of service include all of the districts, excluding District 2, 4, 5 and 7
south of Hypoluxo Rd. The Mae Volen Center, Inc. is responsible for providing
services in the areas south of Hypoluxo Rd. No County match is required. (DSVS) Countywide except for
portions of Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
5. Staff recommends
motion to ratify: the
signature of the Mayor on the Ryan White HIV/AIDS Program (RWHAP) Part A
Estimated Unobligated Balance (UOB) Report and Estimated Carryover Request
Penalty Waiver issued by Department of Health and Human Services Health
Resources and Services Administration (HRSA).
Summary: RWHAP Part A recipients
who do not expend at least 95% of the Part A formula award may request a UOB
Penalty Waiver with an estimated UOB and carryover request. The UOB Penalty
Waiver request will prevent any reduction in the RWHAP Part A formula award for
future years and ensure eligibility to receive RWHAP Part A supplemental funds
if the 95% expenditure threshold is not met. The Community Services Department
has implemented a process to monitor the spending of each organization funded
by RWHAP and will collaborate with them to ensure successful performance. The
Palm Beach County Board of County Commissioners has received this federal grant
since 1994 and has assisted thousands of persons with HIV/AIDS with medical and
support services. The funding for Grant Year (GY) 2024 will allow service to
approximately 3,000 Palm Beach County residents with HIV/AIDS and advance the
goal to end HIV by 2030. The emergency signature process was utilized because
there was not sufficient time to submit the required form through the regular
agenda process. These are federal
grant funds and no County match is required. (Ryan White Program) Countywide
(HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
6. Staff recommends motion to:
A) receive
and file Amendment No. 0007 to the Florida Department of Children and Families
(DCF) Unified Homeless Grant Contract No. IP004 (R2019-1138), for the period
July 1, 2019 through June 30, 2025, to increase the grant award by $78,752 for
a new total amount not-to-exceed $4,203,175.64, in staffing grant funds; and
B) approve
an upward Budget Amendment of $78,752 in the General
Fund, Division of Human Services
and Community Action Program (HSCAP) to align the budget with the grant
award.
Summary: Amendment No. 0007 (Catalog of State
Financial Assistance (CSFA) No. 60.021) amended DCF agreement No. IP004 to
increase funding for operating or staffing costs. This funding will be used to
develop the Palm Beach County Continuum of Care (CoC) Plan, further assist the
local community though planning, coordinating and monitoring the delivery of
services to persons who are homeless or about to be homeless within the CoC
service delivery area, supplement the cost of staffing expenses for CoC
activities, and administer services under IP004. The amendment was executed by
the County Administrator in accordance with Agenda Item 3E-2, dated June 15, 2021,
which delegated signature authority to the County Administrator, or designee,
to execute grant amendments thereto, and all necessary documents related to the
DCF Unified Homeless Grant. 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. No County funds are required. (Human Services and Community Action
Program) Countywide (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
7. Staff recommends
motion to approve:
Subrecipient Agreement with The Salvation Army (TSA), retroactively for the
period October 1, 2023 through September 30, 2024, in an amount not-to-exceed
$70,000 in Emergency Solutions Grant (ESG) program funds to provide emergency
shelter to families with minor children experiencing homelessness. Summary: On July 11, 2023, the Board of County Commissioners (BCC) approved the
Palm Beach County Action Plan for Fiscal Year 2023-2024, which allocated
$452,818 in ESG program funds for nonprofit agencies to assist people
experiencing homelessness, or who are at risk of homelessness, including those
fleeing domestic violence. TSA’s Center of Hope will provide case management,
employment assistance, housing plan development, life skills, and other
services to assist program participants in securing permanent housing as
quickly as possible. The finalization of this agreement was delayed due to
TSA’s requirement that all negotiations or changes go through their national
headquarters before approval. Under the new ESG agreement, TSA is expected to
serve 8 unduplicated households in its emergency shelter. In FY 2023, TSA
served 12 family households and expended 90% of its ESG award. In FY 2022, TSA
served 12 family households and expended 100% of its ESG award. There is
a significant decrease in the funding amount allocated, which impacts the
amount of families to be served in FY 2024.
No County match is required.
(Division of Human Services and Community Action Program (HSCAP) Countywide
(HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
8. Staff recommends
motion to approve:
A) Amendment No.1 to the Low Income Home Energy
Assistance Program Vendor Agreement with Florida Power & Light Company
(FPL) (R2020-1647), for the period September 1, 2020 through August 31, 2025,
to amend, revise and replace portions of the agreement, at no cost to the
County, to provide utility services to eligible participants; and
B) Amendment No. 1 to the Low-Income Home Energy
Assistance Program Vendor Agreement with the City of Lake Worth Beach Utilities
(LWU) (R2023-0571), for the period August 1, 2022 through August 31, 2025, to
amend, revise and replace portions of the standard agreement, at no cost to the
County, to provide utility services to eligible participants.
Summary: The Low-Income Home Energy Assistance Program
(LIHEAP) Federally Funded Subgrant Agreement No. E2016 (R2021-0783) requires
the Community Action Program (CAP) to have agreements with local energy
vendors. The purpose of the amendments is to update the requirements regarding
refundable activity and to document that the energy vendors will provide
monthly documentation showing that LIHEAP benefits were delivered. The State of
Florida, Department of Commerce (FDOC) awarded CAP $4,697,292 in LIHEAP funds.
LIHEAP funding allows CAP to provide assistance to low-income households
experiencing a home energy emergency. The agreements with FPL and LWU allow CAP
to process payments on behalf of low- income clients; therefore, avoiding
disconnection of services for eligible participants. In Federal Fiscal Year
(FFY) 2022, energy services were prevented from disconnection or restored
through LIHEAP to 7,783 households. Over the course of the vendor agreements,
CAP anticipates serving approximately 7,800 households on a yearly basis.
Pursuant to the Subgrant Agreement No.
E2016, the State of Florida’s and FDOC’s performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the
Legislature of the State of Florida. FDOC shall have final authority as to both
the availability of funds and what constitutes an “annual appropriation” of
funds. The lack of appropriation or availability of funds shall not create
FDOC’s default under this Agreement. If there is a state or federal funding
shortfall, then the funding otherwise made available under the agreement may be
reduced. No County match is required. (Division
of Human Services and Community Action Program) Countywide (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$24,000 for the full satisfaction of a code enforcement lien entered against
Arlene J. Lynch on February 2, 2011. Summary:
On September 1, 2010, a Code Enforcement Special Magistrate (CESM) issued
an order giving Arlene J. Lynch until October 31, 2010 to bring her property
located at 3233 Atlantic Road, Palm Beach Gardens, FL into full code compliance.
A notice of violation was issued on May 6, 2010 for installation of a fence and
a shed without obtaining a permit. A permit for the fence was obtained;
however, the shed remained unresolved. Full compliance with the CESM’s order
was not timely achieved, and a fine of $50 per day was imposed. The CESM
executed an order imposing a code lien against Arlene J. Lynch on February 2,
2011. The Code Enforcement
Division (Code Enforcement) issued an affidavit of compliance for the property
on March 23, 2018. Settlement discussions began on December 21, 2023 when the total accrued fine amounted to
$135,212.84. Ms. Lynch’s daughter, Christine Zamperini, and her legal
representative, Dylan J. Brandenburg, Esq., have agreed to pay Palm Beach
County $24,000 (18%) for full settlement of the outstanding code enforcement
lien. The settlement will be paid in monthly installments. District 1 (SF)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
2. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$9,700 for the full satisfaction of a code enforcement lien entered against
Andrew D. and Karyl J. Baxter on January 21, 2019. Summary: On July 18, 2018, a Code Enforcement
Special Magistrate (CESM) issued an order giving Andrew D. and Karyl J. Baxter
until September 16, 2018 to bring their property located at 17312 66th
Ct N, Loxahatchee into full code compliance. The violation included open
storage of several inoperable vehicles including a camper in disrepair, boat
parts, metal and wood on the property. Compliance with the CESM’s order was not
achieved in a timely manner, and a fine of $50 per day was imposed. The CESM
then entered a claim of lien against Mr. and Mrs. Baxter on January 21,
2019. The Code Enforcement Division
issued an affidavit of compliance for the property on January 5, 2024.
Settlement discussions began on January 15, 2024 when the total accrued fine
amounted to $96,959.09. Mrs. Baxter has agreed to pay Palm Beach County $ 9,700
(10%) for full settlement of the outstanding code enforcement lien. District
6 (SF)
3. Staff recommends
motion to approve: A Budget Transfer in the ARPA Response Replacement
Projects Fund (Fund 1164) to modify project budgets of previously approved
categories. Summary: On
November 2, 2021, the Palm Beach County Board of County Commissioners (Board)
approved a fiscal strategy for the spending of American Rescue Plan Act (ARPA)
funds. On July 12, 2022, the Board
approved an agenda item to establish project budgets in the ARPA Response
Replacement Fund (Fund 1164) establishing the budget with the same categories
but under the Revenue Replacement option. Per our auditors’ recommendation,
funds used as revenue replacement have been received in the General Fund to
cover general government expenses, which frees up Ad Valorem funds to pay for
projects previously approved by the Board. As County priorities shift, some
categories no longer need to be funded. This agenda item will transfer funding
from various outdated projects to Stormwater Improvement projects to cover the
Stormwater funding shortfall presented at the January 30, 2024 Budget Workshop.
This will not change the total budgeted amount in Fund 1164 as approved by the
Board. This Budget Transfer leaves $5,712,999 in reserves to be brought to the
Board for allocations to projects at a later date. Countywide (DB)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Second Amendment
to the Interlocal Agreement (R2020-1608) (Agreement) with the City of Boca
Raton (City) which replaces and updates the substantial completion date for the
construction of the 400’ self-supported public safety radio communications
tower and associated improvements (Tower). Summary:
On October 20, 2020, the County and the City entered into the Agreement to
fund, design, construct, manage, and maintain the Tower on land owned by the
City. The construction of the Tower was expected to be completed within twelve
(12) months of construction commencement. Due to circumstances beyond the
control of either party, construction of the Tower took longer than originally
anticipated. This Second Amendment replaces and updates the commencement and
substantial completion dates for this project. Other than the changes set forth
herein, all other terms remain the same. There is no fiscal impact
associated with this item. The funding source for this project is the 800
MHz Replacement, Repair & Improvement Fund. (FDO Admin) Countywide
(MWJ)
2. Staff recommends
motion to receive and file: a
Temporary Construction Easement in favor of South Florida Regional
Transportation Authority (SFRTA) for the purpose of allowing SFRTA to temporarily
use a portion of the County’s Intermodal Transit Center as a construction
staging site, while SFRTA makes renovations to its pedestrian bridge, for a
period of ninety (90) days at no cost. Summary:
In accordance with County PPM CW-O-051, all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. The attached standard
Temporary Construction Easement (TCE) has been fully executed on behalf of the
Board of County Commissioners (Board) by the County Administrator or designee,
who in this case was the Director of the Facilities Development and Operations
Department. The standard TCE was approved by the Board on July 1, 2014. The executed document is now being submitted
to the Board to receive and file. There is no fiscal impact associated with
approval of this item. (Property & Real Estate Management) District 2
(HJF)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to receive and file: zero-dollar value ($0) Change Order No. 1
documenting a decrease in the amount of $2,035 to the project contingency fund
of Amendment No. 1 to the continuing Construction Manager (CM) at Risk Services
contract (R2023-0139) with Lebolo Construction Management, Inc. for the Jupiter
Health Center Renovations project. Summary: On May 2, 2023, the Board
of County Commissioners (Board) approved Amendment No. 1 (R2023-0582) to the
continuing CM at Risk Services contract (R2023-0139) with Lebolo Construction
Management, Inc. in the amount of $546,499, establishing a Guaranteed Maximum
Price (GMP) for construction management services necessary to renovate the
Jupiter Health Center public restrooms. Renovations are required in order to
bring the men’s and women’s public restrooms into compliance with the Americans
with Disabilities Act (ADA). Change Order No. 1 to Amendment No. 1 (Change
Order No. 1) authorizes the use of project contingency funds for subcontractor
buyout reconciliation for the Jupiter Health Center Renovations project, as
allowed by the contract provisions. In accordance with Policy and Procedure
Memorandum (PPM) CW-F-050, Lead Departments are authorized to approve $0 Change
Orders then an agenda item notifying the Board of such $0 Change Orders must be presented as a receive and file.
Change Order No. 1 is a $0 Change Order. This agenda item is being submitted to
notify the Board of a $0 Change Order established by PPM CW-F-050. Amendment
No. 1 was competitively solicited by Lebolo Construction Management, Inc.
utilizing the federal requirements provided by the Department of Housing and
Economic Development (DHED). The County’s Equal Business Opportunity Program
does not apply to federally funded contracts. Under the federal requirements, a
minority participation goal of 22.4% and female participation goal of 6.9% has
been established. Funding for this project is from the Infrastructure Sales
Tax Fund and the Public Building Improvement Fund. (Capital Improvements
Division) District 1 (MWJ)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends
motion to approve: First Amendment to the Amended and Restated
Agreement (R2019-1504) (“Agreement”) with JFK Medical Center (“Hospital”), to
extend the term of the Agreement for interoperable communications through the
countywide emergency medical services (EMS) and common talk groups of the
County’s Public Safety Radio System (“County’s System”) from March 16, 2024
through March 15, 2029. summary: The Agreement, which provides the terms and
conditions under which the Hospital can program into its radios and utilize the
countywide EMS and common talk groups for certain types of inter-Agency
communications, expires on March 15, 2024. The Agreement provided for two (2)
renewal options, each for a period of five (5) years. The Hospital has approved
a renewal to extend the term of the Agreement to March 15, 2029, and the
renewal now requires Board approval. The terms of the Agreement are standard
and have been offered to all municipalities and local branches of state and
federal agencies and ambulance service providers with 800 MHz trunked radio
capabilities. There are no charges associated with this Agreement. The Hospital is required to pay all costs
associated with the Hospital’s subscriber units and to comply with the
established operating procedures for the County’s System. This Agreement may be
terminated by either party, with or without cause, upon ten (10) days prior
written notice to the other party. The first renewal extends the term of the
agreement, and adds the County’s standard E-verify provision. Other than the
changes set forth herein, all other terms remain the same. (ESS) Countywide (MWJ)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
5. Staff recommends
motion to approve: First Amendment to the Amended and Restated
Agreement (R2019-1503) (“Agreement”) with Jupiter Medical Center Inc.,
(“Hospital”), to extend the term of the Agreement for interoperable
communications through the countywide emergency medical services (EMS) and
common talk groups of the County’s Public Safety Radio System (“County’s
System”) from March 16, 2024 through March 15, 2029. Summary: The Agreement, which provides the terms and
conditions under which the Hospital can program into its radios and utilize the
countywide EMS and common talk groups for certain types of inter-Agency
communications, expires on March 15, 2024. The Agreement provided for two (2)
renewal options, each for a period of five (5) years. The Hospital has approved
a renewal to extend the term of the Agreement to March 15, 2029, and the
renewal now requires Board approval. The terms of the Agreement are standard
and have been offered to all municipalities and local branches of state and
federal agencies and ambulance service providers with 800 MHz trunked radio
capabilities. There are no charges associated with this Agreement. The Hospital is required to pay all costs
associated with the Hospital’s subscriber units and to comply with the
established operating procedures for the County’s System. This Agreement may be
terminated by either party, with or without cause, upon ten (10) days prior
written notice to the other party. The first renewal extends the term of the
Agreement, and adds the County’s standard E-verify provision. Other than the
changes set forth herein, all other terms remain the same. (ESS) Countywide (MWJ)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Staff recommends
motion to approve: Change Order No. 5 to Amendment No. 8 (R2022-0592)
to the continuing Construction Manager (CM) at Risk Services contract
(R2018-1161) with Lebolo Construction Management, Inc. for the C.L. Brumback
Health Center Renovations project in the amount of $15,628.71, increasing the
project duration by 120 calendar days. Summary: On June 14, 2022, the Board
of County Commissioners (Board) approved Amendment No. 8 (R2022-0592) to the
continuing CM at Risk Services contract (R2018-1161) with Lebolo Construction
Management, Inc. in the amount of $919,558 establishing a Guaranteed Maximum
Price (GMP) for construction management services for the C.L. Brumback Health
Center Renovations project. The C.L. Brumback Health Center Renovations project
includes, but is not limited to, renovations to the interior of the first floor
public restrooms at the C. L. Brumback Health Center and interior renovations
at the Youth Services facility to include a new counter equipped with a sink,
new doors, new ceiling tiles, new flooring, new restroom fixtures and new light
fixtures. Additionally, the work at the Youth Services facility includes, but
is not limited to, selective demolition services; painting the interior of the
facility; electrical services to add/relocate power receptacles and
modifications to the plumbing, heating, ventilation and air conditioning (HVAC)
systems to accommodate the new interior layout. The improvements are required
in order to bring the facility into compliance with the Americans with
Disabilities Act (ADA) and in order to provide a better layout to more
efficiently serve the needs of Youth Services. Change Order No. 5 to Amendment
No. 8 (Change Order No. 5) authorizes the labor and materials necessary for
additional work and modifications to the fire protection system which includes,
but is not limited to, seven (7) additional manual fire dampers, framing for
the additional fire dampers and required ceiling access. Change Order No. 5
also increases the project duration by 120 calendar days as a result of the
long lead procurement time items and time required to coordinate and complete
the work. The work was competitively solicited by Lebolo utilizing the Federal
requirements provided by the Department of Housing and Economic Development
(DHED). The County’s Equal Business Opportunity Program does not apply to
federally funded contracts. Under the Federal requirements, this project has a
22.4% minority and 6.9% female participation goal established. Funding for this
project is from the Public Building Improvement Fund. (Capital Improvements
Division) District 6 (MWJ)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
7. Staff recommends
motion to approve:
A) a Budget Transfer in the amount of $2,588,955
in the 51.05M NAV Pub Imp Rev Bonds, 21A, CP, SOE Bldg Fund from the Bond
Reserves to increase the budget for the Supervisor of Elections (SOE)
Production Facility project; and
B) Change Order No. 19 to Amendment No. 1
(R2021-1793) for the Construction Manager (CM) at Risk Services contract
(R2019-1751) with Kast Construction Company LLC in the amount of $344,665.79
for the SOE Production Facility project.
Summary: On November 19, 2019, the Board of County Commissioners (Board) approved
the contract with Kast Construction Company LLC for construction management
services for the SOE Production Facility project. On December 7, 2021, the
Board approved Amendment No. 1 (R2021-1793) for the construction of
approximately 156,000 square feet of office and warehouse space which will house
the SOE administrative offices and production facility operations; a
multi-story parking garage of approximately 146,000 square feet and additional
surface parking for both public and staff use; including all the associated
site infrastructure improvements required to support both buildings. Change
Order No. 19 to Amendment No. 1 (Change Order No. 19) authorizes the
construction management services necessary for additional substrate for metal
panels, access openings with doors for emergency generators, headers at two (2)
roof access ladder locations and additional site grading, low voltage,
mechanical, electrical and plumbing work for the SOE Production Facility
project. The Budget Transfer being recommended for approval will serve to
increase the project budget by reassigning from Bond Reserves funds accrued
through interest earnings. Thereby,
providing a source to fund changes to the scope of work (i.e., outside the
guaranteed maximum price) should the same be required. The solicitation for a
CM was advertised on July 21, 2019 according to the requirements of the Equal
Business Opportunity (EBO) ordinance. On July 21, 2021, the Goal Setting
Committee established an Affirmative Procurement Initiative (API) of 20% Small
Business Enterprise (SBE) participation for the construction phase of the
project, of which 8% must be African American or Hispanic American firms. The
SBE Participation for this Change Order is 36.64%, of which 2.60% is African
American or Hispanic American participation. To date, the overall SBE
participation for this contract is 23.45% SBE participation, of which 9.27% is
African American or Hispanic American participation. Kast Construction Company
LLC is a Palm Beach County Business. This project is funded by the 51.05M NAV
Pub Imp Rev Bonds, 21A, CP, SOE Bldg. Fund. (Capital Improvements Division) District
7 (MWJ)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
8. Staff recommends
motion to approve: a Declaration
of Easement (Easement) in favor of Palm Beach County for water meter, a back
flow preventer, a fire hydrant, and appurtenant equipment to service the new
Fire Station No. 49 (Facility) located at 12555 Lyons Road in unincorporated
Palm Beach County. Summary: Fire Station No. 49 is
located on Lyons Road in the Monticello Planned Unit Development (PUD) in
Boynton Beach in unincorporated Palm Beach County. The County’s Water Utilities Department (WUD)
requires an easement to document the existence and location of its water meter,
back flow preventer, fire hydrant and appurtenant equipment to service the new
Facility. The Easement encompasses an
area that is approximately 20 feet by 204 feet containing approximately 4,080
square feet (0.09 acre). The Easement will be recorded to provide public notice
of its existence and location. There is no fiscal impact associated with
approval of this item. (Property & Real Estate Management) District
5 (HJF)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
9. Staff recommends
motion to receive and file:
A) Standard License
Agreement for Use of County-Owned Property adjacent to the County Stockade
located at 9620 Weisman Way from January 10, 2024 through January 30, 2024 with
the South Florida Fair and Palm Beach Expositions, Inc., for parking by the
public and the Palm Beach County Sheriff’s Office during the 2024 South Florida
Fair;
B) First Amendment to Standard License Agreement
for Use of County-Owned Property adjacent to the County Stockade and the
additional parking area east of the Wheel Lot located at 9620 Weisman Way from
January 10, 2024 through January 30, 2024 with the South Florida Fair and Palm
Beach Expositions, Inc., for parking by the public and the Palm Beach County
Sheriff’s Office during the 2024 South Florida Fair; and
C) Standard License
Agreement for Use of County-Owned Property adjacent to the County Stockade
located at 9620 Weisman Way from April 16, 2024 through April 22, 2024 with the
South Florida Fair and Palm Beach Expositions, Inc., for parking by the public
and the Palm Beach County Sheriff’s Office during the 2024 Barrett-Jackson
event.
Summary: In
accordance with County PPM CW-O-051, all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. The attached standard
License Agreements and the First Amendment to the standard License Agreement
(First Amendment) have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator or designee, who in this case
was the Director of the Facilities Development and Operations Department. The
Standard License Agreement and First Amendment were approved in accordance with
R2010-0333, as amended and approved by the Board on October 1, 2013. These
executed documents are now being submitted to the Board to receive and file. (Property
& Real Estate Management) District 6 (HJF)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
10. Staff recommends
motion to approve: a License Agreement (License) in favor of Hotwire
Communications, Ltd., to use County-owned property known as Roger Dean Stadium
Sports Complex, located at 4751 Main Street in Jupiter, for the installation of
fiber-optic cable and placement of appurtenant equipment. Summary: The Roger Dean Stadium Sports Complex
(Complex) is a 90-acre site owned by Palm Beach County and operated by Jupiter
Stadium, Ltd. (JSL) under the terms of a Sports Facility Use Agreement
(R96-877D), dated July 9, 1996, as amended and restated (R2011-0694, and
R2022-0521). JSL and the St. Louis
Cardinals, LLC entered into agreements with the Hotwire Communications, Ltd.
(Hotwire) which requires Hotwire to provide equipment and services for high
speed internet, and security and video services. JSL and the St. Louis Cardinals, LLC have
requested the County grant a License Agreement to Hotwire for the installation
of fiber optic cable and appurtenant equipment for the provision of said
services as the property is owned by the County. The County is granting a
non-exclusive License for the installation of communication equipment,
including but not limited to underground fiber-optic cable, fiber-optic
encasement conduit and appurtenant equipment to provide fiber-optic
communication capabilities to the Complex, together with a license to tie into
existing conduit within the Complex, if necessary. The Term of the License Agreement expires
simultaneously with the expiration or termination of either: i) Sports Facility
Use Agreement or ii) the Hotwire
Communications, Ltd. agreements with St. Louis Cardinals, LLC and JSL,
whichever occurs sooner. Either party
has the right to terminate the License with a ninety (90) day written notice to
the other party. This License is being granted at no charge as it will provide
fiber-optic communications service to the County-owned Complex. There is no fiscal impact associated with
this License. (Property & Real Estate Management) District 1 (HJF)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to:
A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding
award in the total amount of $45,372 to Vita Nova of Renaissance Village, LLC
(VNRV);
B)
authorize the Mayor to
execute a Certificate of Award to be released to the recipient pursuant to
IFAHAP Guidelines;
C)
approve a Budget Transfer of $39,432 in Impact
Fee Assistance Program – Roads Zone 2 to appropriate funds for VNRV;
D)
approve a Budget Transfer
of $3,923 in Impact Fee Assistance Program – Parks Zone 2 to appropriate funds
for VNRV; and
E)
approve a Budget Transfer
of $2,017 in Impact Fee Assistance Program – Public Building to appropriate
funds for VNRV.
SUMMARY: On October
6, 2023, the Department of Housing and Economic Development issued a Notice of
Funding Availability (NOFA) making $1,372,640 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2023 allotment funding cycle. VNRV submitted an
application in response to the NOFA.
Staff recommends that up to $45,372 be provided as a credit for impact
fees associated with the construction of 12 one-bedroom apartments in a two
level structure located at 1330 Alpha Street, West Palm Beach, FL 33401. The
units will be affordable to young adults ages 18-24 who are experiencing or are
at risk of homelessness. VNRV will be given credits for Roads Zone 2 Impact
Fees ($39,432), Parks Zone 2 ($3,923), and Public Building Impact Fees ($2,017)
for the construction of the Omega Apartments project. VNRV will pay impact fees above the allocated
$45,372. The Certificate of Award and related documents will be issued to the
entity identified herein and its successors and/or assigns. According to IFAHAP
requirements, the units will be rented to persons with income at or below 140%
of Area Median Income for no less than 30 years. These funds are from interest earned by the Impact Fee Fund.
District 2 (HJF)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
2. Staff recommends
motion to receive and file: Amendment 002 dated November 27, 2023 to
Agreement (R2022-1209) with the City of Greenacres, dated October 1, 2022, in
the amount of $198,947 funded under the Community Development Block Grant (CDBG) program, extending the Agreement completion date from
December 31, 2023 to April 30, 2024. SUMMARY: The Agreement
(R2022-1209) provided $198,947 in
funding to undertake Phase I of sanitary sewer improvements located in the area
between 10th Avenue North and Biscayne Boulevard within the City of
Greenacres. Amendment 002 to the
Agreement is necessary due to unforeseen conditions at the project site which
require additional time to complete construction. This construction delay has also impacted
project expenditure and CDBG reimbursement timelines. The Agreement date to
complete construction has been extended from November 30, 2023 to March 31,
2024 and the City’s 100% reimbursement request for CDBG funds has been extended
from December 31, 2023 to April 30, 2024. The original Agreement was received and filed by the Board of County
Commissioners (BCC) on October 18, 2022 (R2022-1209). Amendment 001 was
received and filed by the BCC on March 14, 2023 (R2023-0312). Amendment 002 was
executed on behalf of the BCC by the Director of the Department of Housing and
Economic Development in accordance with R2022-0746; dated July 12, 2022, that
delegated authority to the County Administrator or designee to execute forms,
certifications, funding agreements, amendments thereto, and all other documents
necessary for implementation of the Consolidated Plan, Action Plan, CDBG, HOME
and ESG activities. County PPM CW-O-051 provides that all contracts,
agreements and grants signed with delegated authority must be submitted by the
initiating department as a receive and file agenda item. These are Federal CDBG funds which do
not require a local match. District
3 (HJF)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
3. Staff recommends
motion to receive and file: Amendment 002 dated December 28, 2023 to the
Agreement with the City of Lake Worth Beach, dated October 1, 2022 (R2022-1210)
in the amount of $306,691 to extend the performance timeline to May
31, 2024, which allows the City adequate time to request 100% CDBG
reimbursement from the County. SUMMARY: The Agreement (R2022-1210) provided $306,691 in funding for the Phase II improvements including ADA bathrooms,
storage facility, outdoor amenities and resurfacing of the parking area at Harold
Grimes Memorial Park in the City of Lake Worth Beach. Amendment 002 to the Agreement was requested
by the City due to delays with completing project close-out requirements. The
timeline to request 100% reimbursement of CDBG funds from the County was extended
from December 31, 2023 to May 31, 2024. The original Agreement was received and filed
by the Board of County Commissioners (BCC) on October 18, 2022
(R2022-1210). Amendment 001 was received
and filed by the BCC on March 14, 2023(R2023-0309). Amendment 002 was executed
on behalf of the Board of County Commissioners by the Director of the
Department of Housing and Economic Development, in accordance with R2022-0746;
dated July 12, 2022 that delegated authority to the County Administrator or
designee to execute forms, certifications, funding agreements, amendments
thereto, and all other documents necessary for implementation of the
Consolidated Plan, Action Plan, CDBG, HOME and ESG activities. County
PPM CW-O-051 provides that all contracts, agreements and grants signed with
delegated authority must be submitted by the initiating department as a receive
and file agenda item.
These are Federal CDBG funds
which do not require a local match.
District 2 (HJF)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 7 to the
Consulting/Professional Services Pressure Pipeline Engineering Services (Contract) with Mock, Roos & Associates,
Inc. (Consultant) for Engineering Services for the East-West Water Main
Interconnection Feasibility Study (Project) for a not to exceed amount of
$147,207. Summary: On April 20, 2021, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2021-0505)
with Consultant. CSA No. 7 provides for professional engineering services to
evaluate feasibility, sizing, route and cost for construction of a water main
interconnection between the eastern and western water distribution
systems. This Contract was procured
under the requirements of the Equal Business Opportunity Ordinance. On July 1,
2020, the Goal Setting Committee applied an Affirmative Procurement Initiative
(API) of a mandatory 20% Small Business Enterprise (SBE) subcontracting goal
and an evaluation preference for up to 15 points based upon the relative level
of dollar participation by certified African American owned firms. The Contract
provides for 34% SBE participation, which includes 34% MBE participation, 34%
MBE (B). CSA No. 7 includes 41.48% SBE participation, which includes 41.48%
MBE, 41.48% MBE (B). The cumulative SBE participation, including CSA No. 7, is
31.94%, which includes 31.94% MBE, 31.94% MBE (B). Consultant is a Palm Beach
County based company. The Project is included in the PBCWUD FY24 budget.
(PBCWUD Project No. 24-009) District 6 (MWJ)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
2. Staff recommends
motion to approve: a Contract for the Western Region North Wastewater
Treatment Facility (WRNWWTF) Electrical and Wet Weather Improvements (Project)
with DMR Construction Services, Inc. (Contractor) in the amount of $8,379,782. Summary: On May 17, 2023, the Palm Beach County
Water Utilities Department (PBCWUD) received four (4) bids for the Project.
Contractor was determined to be the lowest responsive and responsible bidder in
the amount of $8,379,782.The Project provides for furnishing all materials,
labor, supervision, equipment, supplies, fees, expertise and services necessary
for the installation of various electrical, instrumentation and controls and process
piping improvements at the WRNWWTF, located in Pahokee, Florida. The major
project components include: (i) construction of a fully enclosed backup power
generator, (ii)installation of pre-cast concrete electrical building with
associated 480 volt switchgear and motor control centers, (iii) auger cast pile
foundations for generator and electrical building, (iv) replacement of the
plant-wide controls system, (v) replacement of process piping ranging in size
from 6-inch to 16-inch, and (vi) various site improvements such as perimeter
security fence, lightning protection, and site lighting. DMR Construction
Services, Inc. is a full-service construction company offering a wide range of
services to meet the needs of clients. The project has accepted a Community
Development Block Grant Mitigation Program (CDBG-MIT) with the State of Florida
Department of Economic Opportunity (DEO) in the amount of $2,710,000. The
contract is exempt from Sections 2-80.20-2-80.40 of the Palm Beach County Code,
the Equal Business Opportunity (“EBO”) program because it is funded by federal
or state funds. The Project is included in the PBCWUD FY24 budget. (PBCWUD Project No. 19-035R) District 6
(MWJ)
3. Staff recommends
motion to approve: the Second Amendment to
First Restated Interlocal Agreement (Second Amendment) between Palm Beach
County (County) and Seacoast Utility Authority (Authority) for the Purchase and
Sale of Bulk Potable Water and Wastewater Service. Summary: The Second Amendment modifies Section 8.A
and 8.B to reduce the wastewater volume calculation for the wastewater service
provided to the Palm Beach Park of Commerce (Park of Commerce). The new volume calculation will be 45% of the
volume of Potable Water delivered through the Park of Commerce master water
meters. The wastewater commodify fee for all other points of connection through
which the County provides wastewater to Authority shall remain at 79% of the
volume of potable water delivered through each point of connection. The volume
calculation applicable to wastewater service for Park of Commerce is due to
high water usage within the Park of Commerce which is not returned to the
County’s wastewater system for collection and treatment. The 45% calculation is
based on actual wastewater return, which was measured using wastewater meters
over a six month period, and projected flows. District 1 (MWJ)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
4. Staff recommends
motion to approve:
A) Interlocal
Agreement (ILA) among the East Central Regional (ECR) Wastewater Treatment
Facilities Operation Board (ECR Board), the City of West Palm Beach (City), and
Palm Beach County for the Enhancement of the Reclaimed Water Facility (Enhanced
Agreement);
B) Work Order (WO)
No. 3 to the Optimization and Improvements Design-Build (Contract) for the
Phase 3 for the Design and Construction of the enhancements/improvements to the
ECRWRF (Project) with Globaltech Inc., (Globaltech) in the amount of $4,441,139;
and
C) a $4,463,000
Budget Transfer in the Water Utilities FPL Reclaimed Water Replacement Fund
(Fund 4015) from reserves to provide budget for the entire project.
Summary: On January 24, 2023, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2023-0086) with Globaltech, which had a start date of
December 20, 2022. WO No. 3 provides for
the design and construction of the enhancements/improvements to the ECRWRF
chemical system by replacing the existing sodium hypochlorite generators,
storage tanks and pumps to improve
redundancy and reliability of the reclaimed water treatment process and to enhance
safety for the operations and maintenance personnel, by providing additional
walkway grating supports in identified locations. An ILA for the
improvements/replacements for the Enhancement of the Reclaimed Water Facility
(Enhancements Agreement) (R32-34) between the County, ECR Board and the City in
which the ECR Board and the City granted the County that authority to perform
enhancements/improvements to the ECRWRF facility. PBCWUD has received Project
approval from FPL to perform the enhancements/improvements for the ECRWRF,
which will be reimbursed by FPL. The Contract was procured under the
requirements of the Equal Business Opportunity Ordinance. On October 6, 2021, the Goal Setting Committee approved an Affirmative
Procurement Initiative of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal and an evaluation
preference for up to 10 points for M/WBE participation and up to 5 points for
Mentoring based upon the relative level of dollar participation. The
Contract provides for 24% SBE Participation which includes 12% MBE
participation, 5.5% MBE (B), 2.5% MBE (H), and 4% MBE (A). WO No. 3 includes
12.32% SBE participation, which includes 3.82% MBE participation, 0.67%
MBE (B), 0% MBE (H), and 3.14% MBE (A).
The cumulative SBE participation including WO No. 3 is 10.88% SBE
participation, which includes 5.01% MBE participation, 3.37% MBE (B), 0% MBE
(H), and 1.64% MBE (A). Globaltech is a Palm Beach County based company. The
Project is included in the PBCWUD FY24 budget. (PBCWUD Project No. 22-010). District
7 (MWJ)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A)
adopt a Resolution
authorizing the Director of Environmental Resources Management to submit a
grant application and serve as project manager for a Florida Fish and Wildlife
Conservation Commission (FWC) Florida Boating Improvement Program (FBIP) grant
to fund $199,999 of construction costs for the Old Bridge Park Dock Replacement
Project (Project) in the City of Lake Worth Beach; and
B)
authorize the County
Administrator, or designee, to execute the Grant Project Agreement (Agreement),
to sign all future time extensions, task assignments, certifications, and other
forms associated with the Agreement, and any necessary minor amendments that do
not substantially change the scope of work, or terms and conditions of the
Agreement, if the grant application is approved.
Summary: The County will submit the grant application
to FBIP requesting $199,999 in funding for the construction of a fixed dock to
replace a floating dock that was damaged and subsequently removed in 2021. The
total cost of the Project is estimated at $227,062.68. The County’s share for
the total cost of the Project is an estimated 12%, consisting of $27,063.68 in
pre-award contractual services for the design plans and contingency costs. If
the grant application is approved, the County will be required to enter into a
Grant Project Agreement with FWC. Districts 2 and 7 (SS)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: an executed Entertainment Contractor Agreement with Frank LoVerso in an
amount of $600 for the Whitestone concert at Canyon Amphitheater on January 20,
2024. Summary: The Parks and Recreation Department
produces cultural activities to promote the quality of life in the communities
it serves. A sponsorship was received
for the Legends of the Lawn events from Nostalgic America to offset the expense
of this concert at the Canyon Amphitheater.
This Entertainment Contractor Agreement has been fully executed
on behalf of the Board of County
Commissioners (BCC) by the Director
of the Parks and Recreation Department in accordance with Resolution 2008-1109,
amended by Resolutions 2010‑0644, 2014-0168 and 2017-1367. The
Department is now submitting this Agreement in accordance with County
PPM CW‑O‑051, which requires all delegated agreements to be
submitted by the initiating Department to the BCC as a receive and file agenda
item. District 5 (AH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
2. Staff recommends
motion to receive and file: an
executed Special Events Rental Agreement with Lights 4 Hope, Inc. in an amount
of $5,000 for the Lights 4 Hope
Event at Okeeheelee Park, for the period October 27, 2023 through January 28,
2024. 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
2 (AH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to approve:
A) agreement with the Palm Beach County Food Bank, Inc., a Florida
non-profit corporation, authorized to do business in the State of Florida in
their capacity to provide the Weekend Meal Program to children (18 and under)
at Library branches from April 1, 2024 until December 31, 2028; and
B) agreement to renew annually until either party terminates it at their
will after the original term of 5 years has been fulfilled.
Summary: This
agreement will allow the Palm Beach County Food Bank, Inc. to offer the Weekend
Meal Program at Library branches every Friday year-round to school-age children
who do not have access to free school breakfast and lunch on Saturdays and
Sundays. Each weekend meal will contain two breakfasts, two lunches, an
individual dinner, two snacks, two drinks, and a family meal. The Palm Beach County Food Bank, Inc. will deliver
Program meals on mutually agreed upon days/times. The Library System is
responsible for receiving, safely storing, and distributing them to children at
branch locations chosen based on the availability of funding with the hopes to
expand the program throughout the System. Both parties will be involved in
marketing the Weekend Meal Program through their websites, social media, and
various other marketing materials. The
Palm Beach County Library System has addressed hunger relief for County
residents since 2017 through initiatives such as the summer lunch program
(22,013 meals served in FY23), SNAP and ACCESS Florida benefit assistance
(2,912 residents served in FY23), food drives, and CARES Act food assistance
with partners like the School District, Palm Beach County Food Bank, Inc., United
Way, as well as the Youth Services and Community Services departments.
According to Feeding America, Map the Meal Gap, “more than 132,000 residents in
Palm Beach County struggle with hunger; which 37,350 of these residents are
children who do not have enough to eat on a daily basis.” There is no fiscal impact associated with this
item. Countywide (AH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends motion to approve: appointment
of one (1) new member to the Criminal Justice
Commission (CJC) for the period
March 12, 2024 to December 31, 2026.
Appoint Nominee |
Seat No. |
Term to Expire |
Nominated By: |
Leontyne Brown |
19 |
12/31/2026 |
Black Chamber of Commerce of Palm Beach County |
SUMMARY: The mission of the
CJC is to study all aspects of the criminal justice and crime prevention
systems within the federal, state, county, municipal, and private agencies
within the County. The CJC is comprised of 35 members: 18 public sector
members representing local,
state, and federal
criminal justice and governmental agencies; and 17 private sector members representing the Economic Council,
Clergy, the Black and Hispanic Chambers of Commerce, youth (17-22 years),
returning citizen, crime survivor, and a community member. The Black Chamber of Commerce of Palm Beach
County position is nominated by the Black Chamber of Commerce, and appointed
by the Board of
County Commissioners. The CJC currently has 28 seats filled
and a diversity count of Caucasian: 16 (57%), African-American: 10 (36%), and Hispanic: 2 (7%). The gender
ratio (female: male) is 11:17. The nominee
is a Black female. Staff is
addressing the need to increase diversity within our Board and will continue to
encourage this to expand this Board’s diversity. Countywide (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: Agreements for the installation, operation,
and maintenance of the 9-1-1 emergency call handling system with the municipalities within Palm Beach County operating a
primary Public Safety Answering Point (PSAP) on the County’s Next Generation
9-1-1 network, for the period of January 1, 2024 through December 31, 2028 with
three (3) one-year renewal options:
1.
City
of Atlantis, 7. Town of Ocean Ridge,
2.
City
of Boca Raton, 8. Town of Palm Beach,
3.
City
of Boynton Beach, 9. City of Palm Beach Gardens,
4.
City
of Delray Beach, 10.
Village of Palm Springs,
5.
Town
of Lantana, 11.
City of Riviera Beach, and
6.
Town
of Manalapan, 12.
City of West Palm Beach
Summary: The executed agreements replace
the existing agreements for 9-1-1 equipment and maintenance. Currently, there are thirteen (13) primary
PSAPs in Palm Beach County. Twelve (12) of the PSAPs are operated by
municipalities. The remaining primary
PSAP is operated by the Palm Beach County Sheriff’s Office. The Public Safety Department’s Division of
9-1-1 Program Services provides the 9-1-1 Call Handling System and
Equipment to the PSAPs and is responsible for its maintenance. The agreement
outlines the responsibilities of the County and municipalities to ensure the
efficient operation of the system and equipment compliance with the Florida
State E911 Plan. On March 14, 2023, the Board of County
Commissioners approved the use of a standard template for these agreements and
authorized the County Administrator or designee to execute these agreements on
behalf of the Board of County Commissioners. Countywide (SB)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
2. Staff recommends
motion to approve: Memorandum of Agreement (MOA) with Palm Beach State College (PBSC) to
formalize the coordination efforts for the delivery of forensic exams,
advocacy, and trauma-informed services when responding to student and employee
victims of sexual assault for a three (3) year term beginning March 12, 2024
which may be renewed for an additional two (2) year period with no financial
obligations. Summary: In 2016,
Palm Beach County’s Public Safety Department (PSD) entered into a three (3)
year MOA with PBSC to work together to respond appropriately to students and
employees who have been victimized (R2016-1813). The MOA formalizes the
respective duties, responsibilities, policies, and procedures that will be
undertaken by PBSC and PSD when providing crisis response, forensic
examinations, advocacy, and trauma-informed services to students and faculty
member victims of sexual assault. With
specific directives imposed on educational institutions by federal legislation
in handling sexual assault allegations and the unique environment of a campus
community, this MOA establishes a coordinated and comprehensive response for
victim services at the local level. The
MOA addresses coordination efforts relating to notification, provision of
service, logistical support, information and referral, participation in
awareness and prevention activities, regular coordination through the Sexual
Assault Response Team (SART), and confidentiality. Countywide
(RS)
Z. RISK MANAGEMENT
1. Staff recommends
motion to receive and file: First Amendment to Contract for
Consulting/Professional Services (the Contract) by and between Palm Beach
County and Diagnostic Centers of America, LLP, for the provision of certain
medical services, exercising the first of two (2) one (1)-year renewal terms,
with a not-to-exceed annual cost of $15,000 for the term beginning January 1,
2024 through December 31, 2024. Summary: The
purpose of the Contract is to provide chest x-ray examination and evaluation
services for prospective and current County and Palm Tran personnel as part of
the County’s occupational health and workers’ compensation program. The
Contract for medical services was exempt from the Purchasing Code and was
executed by the Director of Purchasing.
This First Amendment has been fully executed on behalf of the Board of
County Commissioners by the Director of Purchasing, through delegated authority,
and exercises the first of two (2) one (1)-year renewal terms. The attached
executed First Amendment is submitted to be received and filed in accordance
with County Policy #PPM-CW-O-051. Countywide (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT (cont’d.)
2. Staff recommends
motion to receive and file: a Memorandum of Understanding (MOU) between Palm Beach County and the
Florida Department of Highway Safety and Motor Vehicles (FLHSMV) for Driver’s
License and/or Motor Vehicle Record Data Exchange for the three (3)-year term
beginning December 15, 2023 and ending December 14, 2026 (Contract No.
HSMV-0394-24). Signature authority was
delegated to the County Administrator through agenda item 3Z-1 approved on
April 10, 2018. Summary: The MOU for Driver’s
License and/or Motor Vehicle Record Data Exchange with FLHSMV allows the
County, through its Risk Management Department, to continue to ensure only
authorized drivers with valid licenses are allowed to operate County vehicles.
This is to ensure the safety of County employees and the general public. The
record data exchange provides an automated file from the State to the County on
a weekly basis. The file contains information on each authorized driver
including notification of an invalid license, and the reason why a license has
been suspended or revoked. A new MOU is required by the State of Florida every
three years as a condition of continuing the Driver’s License and Motor Vehicle
Record Data Exchange with the County under the provisions of the Driver’s
Privacy Protection Act (DPPA), 18 U.S.C. 2721, et seq., which protects the
personal information contained within the files. The attached fully executed MOU is submitted
to be received and filed in accordance with County Policy #PPM-CW-O-051. Countywide (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT (cont’d.)
3. Staff recommends motion
to:
A) approve the renewal of the excess property,
excess liability, excess workers’ compensation insurance programs, and
ancillary policies for the period April 1, 2024 through March 31, 2025,
purchased under Contract No. 21-040DP through the County’s contracted broker,
Risk Management Associates, Inc. (aka Brown & Brown Public Sector), at a
total cost not-to-exceed $17,869,249; and
B) delegate to the County Administrator, or designee, signature authority to
execute the current, and any future federal excise tax filings required for
coverage bound through Bermuda based carriers.
Summary: The projected 2024-2025 excess insurance program renewal premiums
reflect a total not-to-exceed cost of $17,869,249 which is an increase of approximately 9.98%
over the expiring total premium of $16,247,147. The insurance market has
stabilized significantly over 2023 where we saw a 36% increase in overall
premium. The increase this year is
largely attributed to our ongoing five (5) year plan to reappraise all County
properties. Proper valuations are essential to a successful property insurance
program. These appraisals increased our
Total Insured Values (TIV) from $2.6 billion to $2.97 billion. The County
traditionally purchases coverage in accordance with industry recognized
catastrophe modeling for a 100 year storm. Because of the TIV increase, the
models now estimate our probable maximum loss at $145 million instead of the
expiring $130 million. This $15 million increase in recommended coverage is the
primary driver for the premium increase. Risk Management, in conjunction with
our Broker has aggressively marketed our program to over 130 global insurance
companies to ensure we secured the best available rates. This included meeting
(either in-person or virtually) directly with underwriters for approximately 30
separate property insurers. This allowed us to explain in detail what separates
Palm Beach County from other risks they may insure. Discussions included our
loss history, the quality of our building codes and structures, our commitment
to capital improvements, and our comprehensive disaster management
program. The insurance programs also
include $5 million of excess liability insurance, subject to a $500,000 Self-Insured
Retention (SIR). Excess workers’ compensation insurance is included, and covers
all costs in excess of $2.25 million per occurrence. All state-mandated surcharges and assessments
are included within the estimated renewal cost.
Sufficient funds were budgeted and are available for this coverage. Countywide (HH)
MARCH 12, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to approve: a
Budget Transfer of $226,500 from the Law Enforcement Trust Fund (LETF) to the
Palm Beach County Sheriff’s Office (PBSO).
Summary: Section 932.7055(5), Florida
Statutes; provides that the seizing agency shall use Forfeiture proceeds for
school resource officer, crime prevention, safe neighborhood, drug abuse education
and prevention programs, or for other law enforcement purposes, which include
defraying the cost of protracted or complex investigations, providing
additional equipment or expertise, purchasing automated external
defibrillators, and providing matching grant funds. Section 932.7055(5), Florida Statutes; also requires that no less
than 25% of the LETF’s previous year’s revenues be used for the support or
operation of drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood and school resource officer programs of various
non-profit organizations. The PBSO’s FY 2024 donation requirement is $279,292.
The PBSO’s support of these programs exemplifies its strong commitment to the
prevention and reduction of crime throughout the communities it serves and its
desire to put money back into these communities to support organizations that
provide such services. The year-to-date
transfer for all donations to outside organizations after approval of this item
is $676,500. The funds requested
are to aid PBSO and qualified organizations that meet the requirements set
forth in Section 932.7055(5), Florida
Statutes. Use of LETF requires approval by the Board, upon request of the
Sheriff. The current State LETF balance
is $2,608,601. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $2,382,101. The PBSO certifies that the use of
these funds is in accordance with Section
932.7055(5), Florida Statutes.
Below is a table indicating the organizations the PBSO seeks to fund and
the corresponding amount of funding proposed per respective organization or
agency. No new positions are needed and
no additional County funds are required.
Countywide (RS)
ORGANIZATION |
AMOUNT |
Believer's Academy, Inc. |
$15,000 |
Best Foot Forward
Foundation, Inc. |
$5,000 |
Big Dog Ranch Rescue,
Inc. |
$100,000 |
Boys & Girls Clubs of
Palm Beach County, Inc. |
$17,500 |
Center for Child
Counseling, Inc. |
$15,000 |
Children's Case
Management Organization, Inc. |
$9,000 |
Florida Outreach Center
for the Blind, Inc. |
$5,000 |
Hands Together for
Haitians, Inc. |
$10,000 |
Meals on Wheels of the
Palm Beaches, Inc. |
$15,000 |
Palm Beach County PAL,
Inc. |
$15,000 |
Palm Beach County
Substance Abuse Coalition, Inc. |
$5,000 |
YMCA of the Palm Beaches,
Inc. |
$15,000 |
|
|
Total
Amount |
$226,500 |
* * * * * * * * * * * *
MARCH 12, 2024
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. HOUSING AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to:
A) conduct a Tax Equity & Fiscal Responsibility Act
(TEFRA) Public Hearing concerning the issuance of not to exceed $125,000,000 in
County Industrial Development Revenue Bonds (Provident Group – LU Properties II
LLC – Lynn University Housing Project), Series 2024 (the Bonds) in one or more
taxable or tax-exempt series which will fund a loan to Provident Group – LU
Properties II LLC, (the Borrower), a Florida limited liability company whose
sole member is Provident Resources Group Inc., a Georgia nonprofit corporation
and a tax-exempt organization; and
B)
adopt a Resolution (the
“TEFRA Resolution”) of the Board of County Commissioners of Palm Beach County,
Florida approving the issuance of the Tax-Exempt Revenue Bonds (Provident Group
– LU Properties II LLC – Lynn University Housing Project), Series 2024 for
purposes of Section 147(f) of the Internal Revenue Code in aggregate principal
amount not to exceed $125,000,000 in one or more series which series may include
either taxable or tax-exempt bonds and may include either senior lien or
subordinate lien bonds as separate series thereof.
SUMMARY: The Bonds
will provide proceeds for the purpose of financing or reimbursing all or a
portion of the cost of the (i) acquisition of an existing three-story student
housing facility known as the Mary and Harold Perper Residence Hall with
approximately 170 beds; (ii) design, development and construction of two,
three-story student housing facilities with approximately 474 beds and related
facilities and amenities (collectively, the "Project"), located
within Palm Beach County, Florida and to be owned by the Borrower and managed
by The Michaels Organization, LLC to house students matriculating at Lynn
University, and (iii) capitalizing interest, funding one or more reserve
accounts, and payment of costs of issuance of the Series 2024 Bonds. All
facilities to be financed by the Bonds will be owned and operated by the
Borrower. Prior to the issuance of any portion of the Bonds that will be
tax-exempt, the Internal Revenue Code requires that the County hold a public
hearing. Neither the taxing power nor the faith and credit of the County,
nor any County funds shall be pledged to pay the principal, redemption premium,
if any, or interest on the Bonds. District
4 (DB)
MARCH 12, 2024
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. 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 Ordinance No. 90-16, as
amended, the “Surplus Property Ordinance”, by amending Section 7 - Recordation
and Inventory of Certain Property by increasing the capitalization level for
tangible personal property assets from $1,000 to $5,000; providing for the
repeal of laws in conflict; providing for severability; providing for inclusion
in the Code of Laws and Ordinances; and providing for an effective date.
Summary: On February 6, 2024, the Board of County
Commissioners approved the preliminary reading and permission to advertise for
Public Hearing amending Ordinance No. 90-16, as amended, the “Surplus Property
Ordinance” in accordance with Section 274.02, Florida Statutes which provides
that the County shall establish the requirements for the recording of property
and for the periodic review of property for inventory purposes. Currently, the Surplus Property Ordinance
provides that tangible personal property, the value of which is $1,000 or more
and the normal expected life of which is one year or more, shall be marked,
recorded and inventoried. Staff
recommends amending the ordinance to increase the threshold for marking, recording,
and tagging inventory to $5,000, which is consistent with the State’s policy as
applied to tangible personal property capitalization. Countywide (DB)
MARCH 12, 2024
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET (cont’d.)
2. Staff recommends
motion to approve:
A) Resolution of the Board of County
Commissioners of Palm Beach County, Florida Approving Fiscal Year 2024 Mid-Year
Budget Amendments and Transfers; and
B)
Budget Amendments and Transfers
in various funds reflecting adjustments for balances brought forward, other
revenues, reserves and operating expenses. The total of the adjustments is an
increase of $195,746,774 in 173 funds.
Summary: These Budget Amendments and Transfers are
necessary to adjust FY 2024 budgets to reflect differences between actual and
estimated revenues and expenditures of FY 2023. These amendments adjust the
balances brought forward, various revenue, expenditure, and reserve accounts to
their audited balances. For the General Fund, this amendment results in an
increased fund balance of $51,201,692. This adjustment is a result of:
· $20,872,311 net increase in revenues,
excess fees and commission refunds from Constitutional Officers and Judicial:
Sheriff’s Office $13,132,277, Clerk and Comptroller $299,832, Supervisor of
Elections $2,556,988, Tax Collector $3,117,261, Property Appraiser $1,182,470,
Judicial $583,483;
· $16,050,849 BCC department expenditures
less than originally estimated and revenues higher than originally estimated;
· ($4,274,519) in Ad Valorem Capital expenses
higher than originally estimated and General Government and FAA expenses less
than originally estimated; and
· $17,887,894 in major and other revenues
higher than estimated.
Based on Board Direction from the January 30, 2024 Budget Workshop, $50
million has been placed in a reserve for allocation to capital funds. Staff
will bring forward an agenda item to appropriate these reserves to projects as
directed by the Board at a future Board meeting. The remainder of the proposed
adjustments result in an increase of $9,853,327 in General Fund reserves. Countywide
(DB)
MARCH 12, 2024
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. OFFICE OF EQUAL BUSINESS OPPORTUNITY
1. Staff recommends
motion to adopt: AN ORDINANCE
OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 2, ARTICLE III, DIVISION 2, PART C OF THE PALM BEACH COUNTY CODE,
(ORDINANCE 2018-021), PERTAINING TO THE EQUAL BUSINESS OPPORTUNITY PROGRAM;
PROVIDING FOR DEFINITIONS; PROVIDING FOR PROGRAM ADMINISTRATION; PROVIDING FOR
REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.Summary: The
Board of County Commissioners (BCC) approved the amended Equal Business
Opportunity (EBO) Ordinance on preliminary reading on February 27, 2024 to
include the modification of the
definition of the current gross
annual revenue size standards for small businesses under the EBO Program to
align size standards with the current Consumer Price Index (CPI) criteria, the
U.S. Small Business Administration and the current North American Industrial
Classification System (NAICS) codes as follows: From $9 million to $13
million for Construction; from $5 million to $7 million for Professional
Services (Consultants’ Competitive Negotiation Act (CCNA) Required); from $5
million to $7 million for Goods; and from $4 million to $5.7 million for
Professional Services (CCNA Not Required) and Other Services; and to modify Program Administration, Exceptions
and Waivers, to permit small and minority, women-owned business enterprises
(S/M/WBEs) performing on contracts with minimum mandatory Small Business Enterprise
(SBE) goals to remain on contracts after the SBE graduates from the EBO
Program. Countywide (RS)
* * * * * * * * * * * *
MARCH 12, 2024
A. HOUSING
AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to:
A)
adopt a Resolution of the
Board of County Commissioners (“Board”) of Palm Beach County, Florida,
providing for a referendum to be held on August 20, 2024, pursuant to Section
§196.1995(1)(a) Florida Statutes, to determine whether the Board may grant
economic development ad valorem tax exemptions to new businesses and expansions
of existing businesses under Section 3, Article VII of the State Constitution,
to encourage economic development and establish new jobs; approving the ballot
title, summary and question; authorizing a letter to transmit the ballot
language to the Supervisor of Elections; and, providing for an effective date;
and
Title: ECONOMIC
DEVELOPMENT PROPERTY TAX EXEMPTIONS TO NEW BUSINESSES AND EXPANSIONS OF
EXISTING BUSINESSES
Ballot Summary: The Economic Ad Valorem Tax Exemption
Program provides Palm Beach County with an additional economic development
incentive tool to assist new and expanding businesses to make a positive
economic impact on Palm Beach County’s economy with the expectation that these
businesses will create new, full-time jobs in Palm Beach County. Shall the Board of County Commissioners of
Palm Beach County be authorized to grant, pursuant to s. 3, Art. VII of the
State Constitution, property tax exemptions to new businesses and expansions of
existing businesses that are expected to create new, full-time jobs in Palm
Beach County?
____ Yes – For authority to grant exemptions.
____ No – Against authority to grant exemptions.
B)
authorize correspondence to
transmit the ballot to the Supervisor of Elections (SOE) no later than May 17,
2024.
SUMMARY: On January
23, 2024, the Board approved a motion to direct staff to proceed with a voter
referendum to reauthorize the Economic Development Ad Valorem Tax Exemption
(AVTE) program. The current AVTE program was approved by referendum vote on
November 6, 2012, and implemented by the BCC through adoption of Ordinance
2013-022, on October 22, 2013. The existing program will expire on August 31,
2024, by virtue of having reached the tenth year limitation pursuant to Section
§196.1995, Florida Statutes. In order
to reinstate the AVTE program, it is necessary to hold a new referendum on
August 20, 2024. If approved by the voters, the AVTE program will take effect
upon the expiration of the current program and subject to Board adoption of an
implementing Ordinance. Countywide (DB)
MARCH 12, 2024
5. REGULAR
AGENDA
A. HOUSING
AND ECONOMIC DEVELOPMENT (cont’d.)
2. Staff recommends
motion to:
A)
rescind the American Rescue
Plan Act (ARPA) Response Replacement Fund award of $550,000 to Vita Nova, Inc.;
B)
approve a HOME American
Rescue Plan (HOME-ARP) Program award of $1,550,000 to Vita Nova, Inc.;
C) direct staff to negotiate the Loan Agreement;
D)
authorize the County
Administrator, or designee, to execute the Loan Agreement, amendments thereto,
and all other documents necessary for project implementation that do not
substantially change the scope of work, terms, or conditions of the award; and
E)
approve a Budget Transfer
of $550,000 in the ARPA Response Replacement Fund to rescind funds.
MARCH 12, 2024
5. REGULAR
AGENDA
A. HOUSING
AND ECONOMIC DEVELOPMENT (cont’d.)
2. SUMMARY: On June 13, 2023 (Agenda Item 5B-1), the
Board of County Commissioners awarded an
ARPA Response Replacement Fund award of $550,000 to Vita Nova, Inc. to
construct Omega Apartments, a 12-unit rental development for young adults 18-24
years of age who are transitioning from the foster care system. While the Loan Agreement has not been
executed, it will provide for a forgivable 50 year term. Staff recommends the
award be rescinded and the $550,000 of funding be included in a subsequent
award to Vita Nova, Inc. under the HOME-ARP Housing Program for the Omega
Apartments project. This action will
best facilitate project implementation. On May 10, 2023, the Department of Housing
and Economic Development (HED) issued a Notice of Funding Availability (NOFA)
HED.2023.1 making up to $7,891,211 in Federal HOME-ARP funding available for
the development of multifamily rental housing, permanent supportive housing,
and residential facilities to serve qualifying populations including the
homeless; at-risk of homelessness; persons fleeing domestic violence, sexual
assault or human trafficking; and those experiencing housing instability. This
funding was made available to not-for-profit organizations, public agencies and
for-profit housing developers. All
projects must increase the local inventory of affordable housing units and/or
residential facilities that serve qualifying populations. Applications were
accepted on a first-come, first-eligible and first funded basis. Staff reviewed
applications to ensure the projects met criteria for eligibility,
responsiveness, and viability. Staff recommends funding in the amount of
$1,550,000 to Vita Nova, Inc. to construct Omega Apartments, a rental
development to consist of 12 units to be located at 1330 Alpha Street, West
Palm Beach. The total development cost is $2.8M and includes a $285,734
contribution from the City of West Palm Beach and $750,000 from the U.S.
Department of Housing and Urban Development (HUD). All 12 units will provide
housing to young adults ages 18 to 24 who are transitioning from the foster
care system and will bear affordability requirements of the HOME-ARP Program
for no less than 50 years. The funding agreement and related documents
pursuant to these HOME-ARP funds will be between the County and Vita Nova, Inc.
(and its respective successors and/or assigns). To facilitate project
implementation, staff requests authorization for the County Administrator, or
designee, to execute the Loan Agreement and related documents. These are Federal HOME-ARP Program
funds which do not require a local match. District 2 (HJF)
MARCH 12, 2024
5. REGULAR
AGENDA
A. HOUSING
AND ECONOMIC DEVELOPMENT (cont’d.)
3. Staff recommends
motion to approve:
A)
two (2) new ad-valorem
funded positions in the Department of Housing and Economic Development (DHED)
to assist with the administration of housing programs;
B) a Budget Transfer of $104,032 from the General
Fund Contingency Reserves to allocate funds for two new positions; and
SUMMARY: Over the
past year, the volume of housing projects awarded County funding has
significantly increased. DHED has issued
Request for Proposals (RFP’s) and Notice of Funding Availability (NOFA’s)
through the following funding sources: the American Rescue Plan Act (ARPA),
Community Development Block Grant-Coronavirus (CDBG-CV), HOME Initiatives
Partnership Program-American Rescue Plan Act (HOME-ARP) and the Infrastructure
Sales Tax (IST) Program. Since the
beginning of Fiscal Year 2022/2023 to date, over $31M in funding has been made
available. The projects awarded are making positive progress, and the positions
are now necessary to ensure DHED maintains appropriate levels of service, while
ensuring we effectively and efficiently carry out the fiscal and construction
monitoring requirements of each of these projects. The two (2) new
positions requested include a Financial Analyst 1 at a pay grade of 30, and a
Project Manager at a pay grade of 49. The duties and responsibilities of these
positions are necessary to carry out the fiscal and construction requirements
of the aforementioned funding sources.
DHED staff are funded primarily through Federal and State grants and use
of those funds are limited to specific grant funded activities. Staff is
requesting the positions be funded from the general fund budget. Contingent upon the Board’s approval
regarding the creation of the positions, a budget amendment to transfer funds
from general fund contingency reserves into the Department of Housing and
Economic Development budget is necessary. Countywide (HJF)
MARCH 12, 2024
5. REGULAR
AGENDA
A. HOUSING
AND ECONOMIC DEVELOPMENT (cont’d.)
4. Staff recommends
motion to receive and file: the 2023 Crime Statistics Report for the Palm
Beach County Urban High-Crime Job Tax Credit (UJTC) Program and the UJTC
Re-ranking Status Letter/Program. SUMMARY: The UJTC Program is an incentive for eligible businesses located within
one of the 13 State designated urban high-crime areas to create new jobs. Palm
Beach County has participated in the UJTC Program since 1999, and is required
by the Florida Legislature to triennially prepare and submit the Crime
Statistics Report to the State for review. Utilizing 2022 crime data collected from the Sheriff’s Office, Delray
Police Department, Riviera Beach Police Department and West Palm Beach Police
Department, the Department of Housing and Economic Development prepared the
2023 report, which was executed on September 1, 2023 by the County
Administrator under authority delegated by Agenda Item 3I-4 of March 10, 2015,
and provided to the Florida Department of Commerce. Upon review of the 2023
Crime Statistics Report, the State re-ranked the County UJTC as a Tier 1,
allowing eligible businesses to receive State tax credits of $1,500 to $2,000 per qualified job. The
ranking of the UJTC is prioritized based on the following criteria: Highest
arrest rates within the geographic area for violent crime and for such other
crimes as drug sale, drug possession, prostitution, vandalism, and civil
disturbances; Highest reported crime volume and rate of specific property
crimes such as business and residential burglary, motor vehicle theft, and
vandalism; Highest percentage of reported index crimes that are violent in nature;
Highest overall index crime volume for the area; and Highest overall index
crime rate for the geographic area. This ranking became effective on January 1,
2024, and will remain in effect until December 31, 2026. Districts 2 & 7
(DB)
MARCH 12, 2024
5. REGULAR
AGENDA
B. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: A Resolution of
the Board of County Commissioners of Palm Beach County, Florida amending
Resolution No. R-2021-1882, approving revisions to the Investment Policy, and
providing for an effective date. Summary: On February 7, 2024, the County Investment
Policy Committee recommended that the County amend its Investment Policy to
increase the cap on the potential investment in bonds, notes, or instruments
backed by the full faith and credit of the government of Israel from 10% to
15%. The recommended revision is on page
10 of Exhibit A to the proposed Resolution. The Board’s decision to increase its investment in those backed by the
government of Israel must be based solely on pecuniary factors, consistent with
Florida Statute § 218.415(24) Countywide (DB)
MARCH 12, 2024
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a Second Amendment to Agreement with Connemara
Association, Inc. (Connemara), a Florida not for profit corporation, extending
the term for a period of twenty-five (25) years retroactively from February 23,
2024 through February 22, 2049, at an annual rental rate of $55,000 commencing
November 1, 2024. Summary: On February 23, 1999, the
Board of County Commissioners (Board) approved a 25-year Agreement with
Connemara (R99-258-D), as amended (R2008-1308) (collectively, the Agreement),
for rooftop space to support the operation of a County communication antenna
and equipment shelter. On July 22, 2008, the Board approved a Use Agreement
(R2008-1309) with the Palm Beach Sheriff’s Office (PBSO) establishing PBSO’s
share of the rental rate for its equipment located on the premises. For the past twenty-five (25) years the
County has leased rooftop space from Connemara to support the operation of the
communication antenna. The removal and relocation of the existing equipment
would cause a disruption to essential emergency services and would be cost
prohibitive as a new location that meets the geographical and technical
requirements for services would have to be found, and a tower constructed upon
said site. Continuous use of the
existing site would save the County an estimated $4.2 million (exclusive of the
additional cost of leasing or purchasing new property). Therefore, staff recommends that the current
Agreement be extended. This Second Amendment i) extends the term for
twenty-five (25) years retroactively from February 23, 2024 through February
22, 2049; ii) includes a Consent to Second Amendment to Connemara Agreement for
the Use Agreement with PBSO; iii) revises the annual rent adjustment to be
capped at 3%; and iv) updates Exhibit “A” Radio Equipment List. All other terms of the Agreement remain
unchanged. The agreement will continue to be administered by the Facilities
Development and Operations Department (FDO). The Annual Gross Rent for this
Agreement is shared between PBSO at a rate of $5,914.22 and FDO at a rate of
$41,517.34, for a total of $47,431.56 through October 31, 2024. Commencing on
November 1, 2024, the Annual Gross Rent will increase to $55,000 to be shared
between PBSO at ($6,857.92) and FDO ($48,142.08). (Property Real Estate Management) District
1 (HJF)
MARCH 12, 2024
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve: an Interlocal Agreement with the Town of Hypoluxo
(Town) for the purchase of approximately .36 acres of Town-owned property
improved with a one-story 3,510 square foot building, located at 7200 S.
Federal Highway, for the establishment and operation of a new Palm Beach County
Library branch for $1,625,000 plus recording costs estimated to be $27.60. Summary: On July 11, 2023, the Board authorized
staff to negotiate with the Town the acquisition of a .36 acre parcel improved
with a one-story 3,510 square foot building at 7200 S. Federal Highway in
Hypoluxo (Property) for the establishment of the new Hypoluxo Library
branch. The Town has agreed to convey
the Property to the County by Statutory Warranty Deed. The Property and all its improvements will be
purchased “as is”. In the event the
County wishes to sell said Property during the first fifty (50) years after
recording of the Statutory Warranty Deed, Town shall have the right of first
refusal to purchase the Property at the current purchase price of $1,625,000
plus value of the improvements. The Town
shall have the option to repurchase the Property, in the event the County fails
to commence design for the development of the new Hypoluxo Library branch
within twelve (12) months from the recording of the Statutory Warranty Deed.
The new Hypoluxo branch would operate as a satellite location of the existing
Lantana Road Branch. The County will
acquire the property at a purchase price of $1,625,000 and bear all costs for
capital improvements (estimated at $3,000,000).
The cost of equipping the new branch is estimated at $440,000 and the
estimated annual operating cost, which includes additional FTE positions is
$435,000. In November 2022, the Town
obtained appraisals establishing an average market value for the property at
$1,625,000. In April 2023, staff
obtained updated appraisals from Anderson & Carr, Inc. assigning a fair
market value of $1,700,000 and from M.R. Ford & Associates assigning a fair
market value of $1,670,000. The County
will pay the recording costs estimated to be approximately $27.60. This purchase is funded by the Library
Expansion Program Fund. All items listed are currently allocated and
budgeted. This conveyance must be approved by a Supermajority Vote (5
Commissioners). (Property & Real Estate Management) District 4
(HJF)
MARCH 12, 2024
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff requests
Board direction: Regarding the potential disposition of the
County-owned property located at 429 Park Place, West Palm Beach. Summary:
Since the 1930s, the County has owned and operated a facility located at
429 Park Place, West Palm Beach (Property) for a variety of County light
industrial functions including Road & Bridge warehouse, Purchasing
warehouse, Facilities Management operations, and records storage of various
County departments and constitutional offices.
The 0.83 acre parcel has an
approximately 11,500sq.ft. building that is currently being used as records
warehouse by the Palm Beach County Clerk of the Circuit Court & Comptroller
(Clerk). The County has two separate leases for use of parking spaces on the
Property, one with the City of West Palm Beach (R2023-1169) and a second one
with a private owner of an adjoining property (R2016-0990, as amended
R2021-1151). Because of its proximity to the County’s Downtown West Palm Beach
facilities, the Property serves as an easily accessible operations support
base. The Property is currently serving its intended purpose and there are no
approved plans for its replacement and/or disposition. Other than routine maintenance, no dedicated
funds are allocated towards the replacement and/or renovation of the Property.
In the past years, the area surrounding the Property has seen a gradual
transformation which has triggered numerous inquiries to staff as to the
possibility of selling or swapping the Property. The two most recent of such inquiries are
included as Attachment 2 to this agenda item. Staff requires direction from the
Board of County Commissioners (Board) whether to explore the potential
disposition of the Property. If the Board were to direct staff to proceed with
disposition, staff notes that the same will need to be done in compliance with
the County’s Real Property Acquisition, Disposition and Leasing Ordinance (PREM
Ordinance) will be required. If directed to explore disposition, be it through
sale or swap, staff recommends that the same be pursued only if no fiscal and
operational impacts result. That is, 1)
that the sale proceeds are sufficient to acquire a replacement property of
equal functionality and pay for all relocation costs, or 2) that the proposed
replacement property (i.e., proposed swap) is of equal functionality,
comparable value, and that the proponent bears all costs associated with
relocating Clerk’s operations. (Property Real Estate Management) District
2 (HJF)
MARCH 12, 2024
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff requests
Board direction:
Regarding the master planning of the 45th Street Complex and the
implementation of the capital improvement project for the replacement of the
Community Services Department (CSD) building.
Summary: The
current CSD building is located at 810 Datura St., West Palm Beach. Built in
1955, the 3-story, approximately 30,000 sq.ft. facility has reached the end of
its useful life. As a result, its replacement was included as part of the
Infrastructure Sales Tax (IST) project plan with funding appropriation in FY25
and FY26. The new CSD building is to be built on the County-owned 45th
Street Complex (on the corner of Australian Avenue and 45th Street).
The 45th Street Complex property is the site of the former County
Home facility and was intentionally retained as a strategic holding to
accommodate future programming. On August 31, 2021, while considering the
possibility of entering into a Development and Conveyance Agreement (DCA) with
the University of Florida (UF) for development of a Urban Campus on the
County-owned real estate holdings commonly referred to as Government Hill and
including the CSD building, the Board of County Commissioners (Board) directed
staff to accelerate implementation of the CSD replacement building project
(Project) and to master plan the entirety of the County-owned 45th
Street Complex to provide for long-term development of approximately
300,000sq.ft of planned future office space displaced from Government Hill as a
result of the DCA with UF. The direction
provided by the Board was later reaffirmed on December 7, 2021, February 8,
2022 and August 23, 2022, via separate agenda items brought for consideration
by the Board, all of them related to the DCA. On March 14, 2023, the Board
approved a contract with Alfonso Hernandez Architects, LLC (AHA) for the
provision of architectural/engineering professional services for the design and
master planning of the Project. Per its conditions, the DCA automatically
terminated on May 22, 2023 as UF did not issue the required Notice to Proceed
in order for development to proceed. As of the termination date of the DCA,
design and master planning efforts for the Project were underway. Staff and AHA have continued as per
previously provided Board direction and completed programming, surveying
efforts, and preliminary architectural products to inform development of a
conceptual master plan. Attachment 3 to this agenda item graphically depicts
current status of the conceptual master plan but for a +/-4-acre commitment of
land area for the expansion of the Carver Canal at the southeast corner of the
property to advance the IST funded Australian Avenue drainage improvement
project in collaboration with the County’s Engineering and Public Works
department (EPW).
MARCH 12, 2024
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. SUMMARY
(cont’d.): On November 28, 2023, the Board held a workshop meeting which included a
presentation on the County’s approved 5-year CIP. During the workshop meeting, the Board
directed staff to return with separate agenda items providing an overview of
the completed designs being recommended for implementation. This agenda item
seeks to fulfill Board direction. The Project is funded under the approved IST
project plan with a total appropriation of $26.26M. Encumbrances and expenses
as of February 15, 2024 total $2,367,953. (FDO Admin) Districts 2 and
7 (MWJ)
* * * * * * * * * * * *
MARCH 12, 2024
A. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: Appointment of two (2) members to the Zoning Commission (ZC) for the term
of March 12, 2024 to February 2, 2027, to fill the vacancy for two (2) at-large
seats, Seat #8 and Seat #9.
Nominees Nominated By
Jess
Sowards Commissioner
Bernard
Commissioner
Baxter
or
James
Williams Commissioner
Bernard
or
Susan
Kennedy Vice Mayor
Marino
or
Rolando
Barrero Mayor Sachs
or
William
Reicherter Commissioner
Baxter
or
Jean Marie
DaRocha Commissioner
Woodward
MARCH 12, 2024
6. BOARD APPOINTMENTS
A. PLANNING,
ZONING & BUILDING (cont’d.)
1. SUMMARY: The primary
function of the Zoning Commission (ZC) is to take action on and make
recommendations to the Board of County Commissioners (BCC) regarding proposed
zoning applications and proposed revisions to the Unified Land Development Code
(ULDC). The Zoning Division sent a memorandum to the BCC on February 5, 2024
requesting nominations. The ZC is comprised of nine (9) members, with each
County Commissioner appointing one (1) member each and two (2) members
appointed at-large by a majority vote of the BCC. The term of office is three (3) years and as
of March 2, 2013 (R2013-0193), no person shall be appointed or reappointed for
more than three (3) consecutive terms. Pursuant to ULDC Article 2.G.L.3,
“consideration shall be given to applicants who have experience or education in
planning, law, architecture, landscape architecture, natural resource
management, real estate, engineering, and related fields.” Mr. Jess Sowards has
completed one (1) term in ZC Seat #9, is available for re-appointment, and
regarding attendance has attended all but one (1) out of the past twelve (12)
ZC meetings. Mr. Jess Sowards has disclosed that he has
an ownership position in Currie Sowards Aguila Architects, that contracts with
the County for architectural services. The ZC provides no regulation,
oversight, management or policy-setting recommendations regarding the subject
contract. Disclosure of these contractual relationships at a duly notice public
meeting is being provided in accordance with the provisions of Sec. 2-443, of
the Palm Beach County Code of Ethics. The ZC consists of nine members, with six
(6) seats currently filled with a diversity count of: five (5) Caucasian (83%)
and one (1) African-American (17%). Mr. Jess Sowards, Mr. James Williams
and Mr. William Reicherter are Caucasian males, Mr. Rolando Barrero is a
Hispanic-American male, Ms. Susan Kennedy and Ms. Jean Marie DaRocha are
Caucasian females. Staff is addressing the need to increase diversity within
our Board and will continue to encourage this to expand this Board’s diversity.
Countywide (SS)
B. COMMISSION DISTRICT
APPOINTMENTS
* * * * * * * * * * * *
MARCH 12, 2024
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MARCH 12, 2024
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER MICHAEL A. BARNETT
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
MARCH 12, 2024
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."