May 30, 2025
4:00 pm
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 3, 2025
PAGE ITEM
32 4F *DELETED
– moved to 7/8/25 BCC meeting. (Doug Wise Commendation)
38 6C5 *ADD-ON / (ADMIN) / Staff recommends motion to approve: A Resolution of
the Board of County Commissioners (BCC) condemning the killings of Yaron
Lischinsky and Sarah Pilgrim in Washington DC, denouncing the rising threat of
antisemitism and hate, and affirming support for local initiatives promoting
interfaith dialogue and community unity. Summary:
The BCC directed staff at the Zoning meeting on Thursday, May 22,, 2025
to prepare a resolution condemning the killings of Yaron Lischinsky and Sarah
Milgrim in an anti-Semitic attack in Washington DC on May 21, 2025. The Resolution
denounces the rise of antisemitism and hate in all forms; pledges to strengthen
efforts to protect vulnerable communities across Palm Beach County; calls for
an end to the hate-filled rhetoric that has permeated public discourse; reaffirms
the BCC’s commitment to civil discourse, interfaith understanding, and public
engagement rooted in mutual respect; and supports and commends local
initiatives and the American Jewish Congress for their efforts in promoting
interfaith dialogue, community unity, and the eradication of hate. Countywide
(AH)
39 6D-1 *REVISED
MOTION/TITLE/SUMMARY (CTY ATTORNEY) / Staff
recommends
motion
for:
A)
Board Direction addressing
Executive Order (EO) 14168 and EO 14173 regarding the President of the United
States’ (President) position on “gender identity” prohibiting federal funds to
be used to “promote gender ideology” and prohibiting grant recipients from having
“illegal” race- and sex-based diversity, equity and inclusion (DEI) and/or
diversity, equity, inclusion, and accessibility (DEIA) programs and complying
with federal grants incorporating EO 14168, EO 14173, and other EOs;
B) approval of a waiver of the notice requirements
of Section 125.66(2), Florida Statutes, declaring that an emergency exists and
that the immediate enactment of an Emergency Ordinance is necessary; and
C)
approval of an EMERGENCY 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,
PERTAINING TO THE EQUAL BUSINESS OPPORTUNITY PROGRAM; PROVIDING FOR COMMERCIAL
NONDISCRIMINATION POLICY; PROVIDING FOR SUSPENSION OF PALM BEACH COUNTY
DIVERSITY EQUITY AND INCLUSION (“DEI”) PROGRAMS; 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 AND EFFECTIVE DATE.
Four-fifths vote is required for approval.
May 30, 2025
4:00 pm
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 3, 2025
PAGE ITEM
39 6D-1 Summary: Staff is requesting
approval of an Emergency Ordinance to
incorporate changes to respond to recent EOs prohibiting “illegal DEI
Programs”. On January 20, 2025, the
President signed EO 14168 opposing “gender identity” and prohibiting federal
funds to be used to “promote gender ideology.”
On January 21, 2025, the President signed EO 14173 stating opposition to
“so-called diversity, equity and inclusion (DEI) or diversity, equity, inclusion,
and accessibility (DEIA)” programs. On
April 24, 2025, the Secretary of the United States Department of Transportation
(DOT) issued a letter addressed to “All Recipients of U.S. Department of
Transportation Funding” indicating that “any policy, program, or activity that
is premised on a prohibited classification, including discriminatory policies
or practices designed to achieve so-called ‘diversity, equity, and inclusion,’
or ‘DEI,’ goals, presumptively violates Federal law.” The letter “provides notice
of the Department’s existing interpretation of Federal law” and “failure to
cooperate generally with Federal authorities in the enforcement of Federal law,
will jeopardize [the grant recipient’s] continued receipt of Federal financial
assistance from DOT and could lead to a loss of Federal funding from DOT”. EO 14173, EO 14168 and other EOs are being
incorporated expressly by reference in federal government grant
agreements. The Justice Department has
launched an initiative targeting grant recipients with False Claims Act (“FCA”)
prosecution for violation of the terms of the federal grants that incorporated
the EOs. There are numerous courts across the country that have received
challenges of the EOs that are incorporated in the federal grant awards. This item requests that the BCC approve an
Emergency Ordinance regarding continued receipt of grant funding and asks the
BCC to approve an Emergency Ordinance suspending certain Palm Beach County
(County) ordinances or portions thereof, policies and programs to limit legal
liability and preserve the County’s access to federal funding pending further
interpretation and clarification of federal law as it relates to recent EOs and
federal grant requirements. The approval
of an Emergency Ordinance best preserves the County’s access to federal funding
sources, and limits potential civil and criminal liability. This option
requires BCC direction to modify current policies to ensure race and gender
neutral policies are in effect throughout the County. The proposed Emergency
Ordinance suspends portions of the County’s Equal Business Opportunity
Ordinance to return to a small business enterprise program with no enforcement
or utilization of preferences or distinctions based on sex or race. In
addition, reporting related to not hiring individuals of certain
underrepresented race and/or gender pursuant to the Equal Employment
Opportunity/Affirmative Action Plan is suspended pending further guidance by
the federal government. The Office of
Diversity, Equity and Inclusion will be eliminated which will have no impact as
it has never been staffed. Staff, with the assistance of the County Attorney’s
Office, may need to amend applicable Policy and Procedures Memoranda (PPMs) and
other ordinances to ensure consistency with the requirements of the Emergency
Ordinance.
May 30, 2025
4:00 pm
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 3, 2025
PAGE ITEM
39 6D-1 Summary (cont’d.): Approval of the Emergency
Ordinance requires a waiver of
the Notice Requirements of Section 125.66(2). The BCC must declare that
an emergency exists and the immediate enactment of the Emergency Ordinance is
necessary. The County is in receipt of federal grant opportunities that
incorporate the EOs. These grants must be accepted and executed within limited
time constraints, and there is insufficient time to follow the customary
process outlined in Section 125.66(2). The
Emergency Ordinance must be approved by a four-fifths vote of the BCC. Countywide (MM)
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
JUNE 3, 2025
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 31)
4. SPECIAL
PRESENTATIONS (Page 32)
5. PUBLIC
HEARING (Pages 33 - 34)
6. REGULAR AGENDA (Pages 35 - 43)
7. BOARD
APPOINTMENTS (Page 44)
8. STAFF
COMMENTS (Page 45)
9. BCC
DIRECTION (Page 45)
10. BCC
COMMENTS (Page 46)
11. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
47)
12. ADJOURNMENT (Page 48)
* * * * * * * * * * *
JUNE 3, 2025
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 List of applicants for the County
Administrator position for the Board of County Commissioners to schedule
interviews.
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
3B-5 Bond
Sufficiency Report
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Resolution
supporting the Transportation Alternatives Set-Aside Program Funding
Application.
Page 10
3C-2 License
Plate Reader permits report.
3C-3 Resolution designating Parcel 102 as road
right-of-way for the drainage improvements at
Belvedere Road and Wynne Drive project.
D. COUNTY ATTORNEY
Page 10
3D-1 Settlement
in the eminent domain action with Elaine Novalien.
F. AIRPORTS
Page 11
3F-1 Sublease by Jet Aviation Associates, Ltd.
with Wheels Up Private Jets, LLC at PBI.
3F-2 General
Aeronautical Services Permit with ERMC Aviation LLC to provide services to
airlines operating at PBI.
3F-3 License Agreement with AGI Ground, Inc.
providing for temporary relocation of AGI at PBI to accommodate on-going
construction activities.
Page 12
3F-4 Operating Permit with National Air Cargo
Group Inc. for authorized use of terminal facilities at PBI.
3F-5 Operating Permit with DHL Air (UK) Limited for
authorized use of facilities at PBI.
3F-6 Declaration
of Easement for water utility improvements on County-owned property leased to
Signature Flight Support, LLC.
JUNE 3, 2025
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
Page 13 - 14
3F-7 Letter
of Release from Federal Aviation Administration of unimproved property;
Resolution determining such property is not necessary for airport purposes, and
Resolution imposing certain easements, covenants and restriction.
Page 14
3F-8 Amendment for Extension of Public
Transportation Grant Agreement with FDOT for Design Runway at PBI.
Page 15
3F-9 Amendment No. 6 with Ricondo &
Associates, Inc. for the provision of professional consulting services for the
Department of Airports.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 16
3G-1 Annual
Report and Financial Statements from Boynton Beach Community Redevelopment
Agency).
3G-2 Annual
Report from the Village of Palm Springs Community Redevelopment Agency.
3G-3 Annual
Report from the West Palm Beach Community Redevelopment Agency.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 Notice
to extend Governmental Center Lease Agreement with LJL Food Management Inc.
d/b/a The Hideout Kitchen & Café for continued operation of food and
beverage services.
Page 17
3H-2 Consultant
Services Authorization No. 2 with Colome & Associates, Inc. for the Dubois
Pioneer Residence Renovation project.
Page 18
3H-3 Consultant
Services Authorization No. 3 with Colome & Associates, Inc. for the Palm
Beach County Breath, Alcohol Testing Unit Relocation to Stockade project.
Page 19 - 20
3H-4 Amendment
No. 4 with Jacobs Project Management Co. to provide program management services
for the General Government Capital Program.
J. PLANNING, ZONING & BUILDING
Page 20
3J-1 Appointment
of one (1) member to the At-large seat on the Planning Commission.
JUNE 3, 2025
TABLE OF CONTENTS
CONSENT AGENDA
M. PARKS & RECREATION
Page 21
3M-1 Executed Special Events Rental Agreements
with CC Leisure LLC, Lights 4 Hope Inc., FOMO Entertainment Group LLC, and
Battle Bros LLC.
Page 22
3M-2 Executed Sound and Light Production Service
Contractor Agreements with Sanderford Sound, Inc.
3M-3 Executed Promoter Amphitheater Rental
Agreements with Deutermanproductions.Com.LLC and FOMO Entertainment Group, LLC.
Page 23
3M-4 Agreement with Faith’s Place Center For Arts
Education, Inc. for Operation of Summer Camp at Westgate Park and Recreation
Center.
X. PUBLIC SAFETY
Page 23
3X-1 Ratify
the Mayor’s signature on the Federally Funded Subaward Grant Agreement for
Hurricane Milton.
Page 24
3X-2 Appointment
of one (1) At-large member to the Emergency Medical Services Advisory Council
for the Emergency Room Nurses Forum seat.
Page 25
3X-3 Ratify
the Mayor’s signature on the Florida Department of Juvenile Justice
Solicitation – Aftercare Resource Navigator Program application.
Page 26
3X-4 Payback
of unexpended grant funds with Florida Council Against Sexual Violence.
Page 27
3X-5 Acceptance
of the U.S. Department of Justice Office on Violence Against women to Improve
the Criminal Justice Response Program.
JUNE 3, 2025
TABLE OF CONTENTS
CONSENT AGENDA
CC. SHERIFF
Page 28
3CC-1 Second donation from the Howard E. Hill
Foundation, Inc. to offset the contractual services cost of a ShotSpotter
System for the Gunfire Detection and Location project.
Page 28 - 29
3CC-2 Grant Award from FDLE in supplemental funding
for State Assistance for Fentanyl Eradication in Florida Program.
DD. CAREERSOURCE
Page 30
3DD-1 Appointment of one (1) member to the
CareerSource Palm Beach County, Inc. Board of Directors.
EE. EQUAL EMPLOYMENT OPPORTUNITY
Page 31
3EE-1 Appointment of one (1) member to the Fair
Housing/Equal Employment Board.
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 32
4A PBC Fire Rescue’s First K-9 Therapy Team
4B National
Caribbean American Heritage Month
4C Mr.
Henry Simmons Remembrance Day
4D Pride
Month
4E Juneteenth Day
4F Commendation for Doug Wise
4G Juneteenth of PBC Inc. for its Cultural
Impact on PBC
4H Dump the Pump Day
PUBLIC HEARINGS – 9:30 A.M.
A. ENGINEERING
& PUBLIC WORKS
Page 33 - 34
5A-1 Ordinance reimposing the six (6) cent local
option fuel tax upon every gallon of motor fuel and diesel fuel sold in the
County.
JUNE 3, 2025
TABLE OF CONTENTS
REGULAR AGENDA
A.
OFFICE OF RESILIENCE
Page 35
6A-1 Ordinance
regarding the Property Assessed Clean Energy Program (PACE).
B.
FACILITIES DEVELOPMENT & OPERATIONS
Page 36
6B-1 Third
Amendment to the Lease Agreement with RREEF America REIT II Corp. S for
continued use of space.
C. ADMINISTRATION
Page 37
6C-1 Interim
Contract for Interim County Administrator with employee Todd Bonlarron.
6C-2 Performance
Reviews for the Contractual Employees.
Page 38
6C-3 Request
from County Commissioners regarding interview process for applicants for the
County Administrator position.
6C-4 Request direction Board of County
Commissioners increased participation in the County’s selection processes for
competitive procurements.
D.
COUNTY ATTORNEY
Page 39 - 41
6D-1
Emergency Ordinance regarding Diversity, Equity and Inclusion (DEI) Programs
within Palm Beach County.
Page 42
6D-2 Resolution
repealing and replacing Palm Beach County Policy doing business with nor
appropriate funds under Diversity, Equity, and Inclusion (DEI).
E.
AIRPORTS
Page 43
6E-1 FAA
Grant approval for Concourse B Expansion – Phase 2B at PBI.
BOARD APPOINTMENTS
(Page 44)
STAFF COMMENTS
(Page 45)
BCC DIRECTION (Page 45)
BCC COMMENTS
(Page 46)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 47)
ADJOURNMENT
(Page 48)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) the list from the Palm Beach County
Administrator Task Force (CATF) of the applicants for the County Administrator
position; and
B) the scheduled interviews with the selected applicants.
Summary: On May 14, 2025, through a public process, the CATF selected seven (7)
applicants from the applicant pool to move forward in the recruitment and
retention process. On May 20, 2025, the BCC was presented six (6) applicants,
due to the withdrawal of one (1) and directed staff to bring the these
applicants directly to the BCC for scheduled interviews. Due to an additional
applicant withdrawal from a scheduling conflict, the number has changed to five
(5) of the remaining applicants for consideration in the County Administrator
recruitment and retention process. Staff
is requesting authorization to continue with the scheduling of the meetings and
interviews for the following dates: Monday, June 16, 2025, for one-on-one
meetings with each of the Commissioners and a Public Reception, and Tuesday,
June 17, 2025, for a public meeting where the BCC will interview the five (5)
applicants. As indicated, presented to you for consideration are the applicants
who have submitted their applications and have been determined to move forward
from the applicant pool that met the prescribed minimum qualifications pursuant
to Section 2.4, Palm Beach County Charter and the advertised job
description. Countywide (DO)
JUNE 3, 2025
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
February
27, 2025 Zoning
March
27, 2025 Zoning
April
22, 2025 Workshop
April
24, 2025 Zoning
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements list
as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during April. Countywide
5. Staff recommends
motion to:
A) review for sufficiency Report of County Officials
Bonds dated June 2025, and
B) receive and file Report of County
Officials Bonds dated June 2025.
Summary: Ordinance No. 98-51 sets the various bond amounts for specified County
officers and provides for examination of the sufficiency of all the bonds at
the regular meeting of the Board of County Commissioners in January and June of
each year. Countywide (DB)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to:
A) adopt a Resolution supporting the
Transportation Alternatives Set-Aside Program (TAP) Funding Application through
the Palm Beach Transportation Planning Agency (TPA) to the Florida Department
of Transportation (FDOT) for funding to construct a
shared use path on Kirk Road between 10th Avenue North and Canal 9
Road (Project), committing to fund the local share of Project delivery
and the associated ongoing operation and maintenance expenses, and providing
for an effective date; and
B) ratify the FDOT TAP Funding
Application.
SUMMARY: Adopting
this Resolution will support Palm Beach County’s (County) TAP application
submittal for funding to construct a concrete shared use path that will replace
the existing sidewalk on the east side of Kirk Road
for an approximate 0.75-mile segment. This road segment is adjacent to
residential communities, and is in close proximity to an elementary school,
parks, and Palm Tran routes. The Project will enhance the safety of
pedestrians and bicyclists along Kirk
Road between 10th Avenue North and Canal 9 Road. If selected,
the Project will be built within the existing County road right-of-way, and the
County will enter into a grant reimbursement agreement with the FDOT. As part
of the application process, the TPA requires this Resolution supporting the TAP
application submittal, and the County’s commitment to design, construct,
operate and maintain the Project after construction. The TAP grant will fund
100% of the Project’s construction at an estimated cost of $1,343,073.69. In order to submit the application on time,
the Engineering and Public Works Department executed the application on
February 13, 2025. The County’s local participation is estimated at $1,050,000 for the
Project’s design and construction management. Funding
provided by the TAP for construction will be programmed in 2028. District 3 (YBH)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff
recommends motion to receive and file: the report of License Plate Reader (LPR) permits issued from January 1,
2022 through December 31, 2024. SUMMARY: Based on direction
from the Board of County Commissioners (BCC) on December 3, 2019, a
municipality or local law enforcement agency that requests placing and
maintaining LPRs within Palm Beach County (County) maintained rights-of-way
shall apply for a Right-of-Way Permit in accordance with the Right-of-Way
Permitting Ordinance 2019-030, as may be amended. This report is a summary of
the LPR permits issued from January 1, 2022 through December 31, 2024. This
report covers the first two (2) years of the program as there was no report
provided for the first year of the program. Going forward, reports will be
provided annually as required by the Department of Engineering and Public Works
(EPW) PPM EL-O-3609, governing the LPR permit process by the County Engineer.
LPRs provide information from license plate images to law enforcement agencies
in support of their official duties and serve a public purpose by enhancing the
safety and security of the public. The
County has not been notified of any data collection or privacy issues with the
LPRs in place. Countywide (YBH)
3. Staff
recommends motion to adopt: a Resolution designating
Parcel 102, a Palm Beach County (County) owned property of approximately 38,071
square feet (0.874 acres) in Section 26, Township 43 South, Range 42 East
(Property) as road right-of-way for the drainage improvements at Belvedere Road
and Wynnewood Drive (Project); and providing for an effective date. SUMMARY: Adoption of the Resolution will designate the Property as road
right-of-way for the Project to add drainage for the Wynnewood Acres subdivision, and County maintained
residential streets. The
Property is currently under the control of Palm Beach County’s Facilities
Development and Operations (FDO) Department and was acquired on May 28, 1971,
as part of a larger parcel (approximately 40,845 square feet) due to the owner
not paying taxes, recorded in the Official Records Book 1902, page 1322. District
2 (YBH)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a settlement, in the total amount of $120,894 inclusive of attorney’s fees, expert
fees, and costs, in the eminent domain action styled Palm Beach County v.
Elaine Novalien, et al., Case No.: 502024CA008859XXXMB. SUMMARY: Under the proposed settlement
in this pending eminent domain proceeding, compensation for Parcel 209 is
$89,400 in addition to statutory attorney's fees, experts’ fees and costs of
$31,494, for a total amount of $120,894. This settlement will completely
resolve this eminent domain proceeding as it relates to parcel 209. District
6 (DO)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: Consent to Sublease
(Consent), consenting to a Facility Tenant Agreement for the sublease of
space at the Palm Beach International
Airport (PBI) by Jet Aviation Associates, Ltd. (Jet Aviation) with Wheels Up
Private Jets, LLC (Wheels), effective as of January 1, 2025. Summary: Jet Aviation provides fixed based
operator services for general aviation aircraft at PBI pursuant to the Amended
and Restated Fixed Base Operator Lease Agreement dated September 17, 2024
(R2024-1202), which provides for the sublease of space subject to the County’s
consent. Jet Aviation entered into a Facility Tenant Agreement with Wheels on
January 1, 2025, for the sublease of hangar and office space. Resolution
94-1453
authorizes the County Administrator or designee, in this case, the Director of
the Department of Airports, to execute the standard form Consent. Countywide (AH)
2. Staff recommends
motion to receive and file: General Aeronautical Services Permit (Permit)
with ERMC Aviation LLC (ERMC), commencing March 7, 2025, and expiring September
30, 2025, with automatic renewals on a year-to-year basis each October 1st
unless cancelled. Summary: The
Permit authorizes ERMC to provide aeronautical support services to airlines
operating at the Palm Beach International Airport (PBI) and provides for
payment of service fees in the amount of seven percent (7%) of gross revenues,
excluding revenues derived from services provided to signatory airlines. Resolution
2010-0708
authorizes the County Administrator or designee, in this case, the Director of
the Department of Airports, to execute the standard form Permit.
Countywide
(AH)
3. Staff recommends
motion to receive and file: License Agreement
(License) with AGI Ground, Inc. (AGI), commencing March 7, 2025, and expiring
August 31, 2025, providing for the temporary relocation of AGI from
approximately 124 square feet of office space leased by AGI in the Palm Beach
International Airport (PBI) terminal building pursuant to a Terminal Space
Lease Agreement dated November 17, 2015 (R2016-0049) (Lease), to an alternative
office space, consisting of approximately 208 square feet of space, at no cost,
to accommodate on-going construction activities at PBI. Summary: Ongoing construction at PBI requires AGI
to vacate a portion of its leased office space in the PBI terminal
building. AGI will temporarily relocate
to a nearby office space, containing approximately 208 square feet at no
additional cost. AGI agreed to the temporary
relocation and will continue to pay rental for its leased office space during
the period of displacement. Resolution 2007-2070 authorizes the County
Administrator or designee, in this case, the Director of the Department of
Airports, to execute the standard form License. Countywide (AH)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
4. Staff recommends
motion to receive and file: Operating Permit with
National Air Cargo Group Inc., d/b/a National Airlines (National), a Florida
corporation, authorizing the use of terminal facilities at the Palm Beach
International Airport (PBI) for a single flight operation to Orlando
International Airport (MCO) on February 24, 2025, for payment of fees by
National in the amount of $3,113.10. Summary: The Operating Permit authorized National to use the terminal facilities
at PBI for a single charter flight to MCO on February 24, 2025. Charges include landing, ticket counter, gate, baggage handling, and federal inspection
service facility usage fees in the amount of $3,113.10. Resolution 2014-1709 authorizes the County
Administrator or designee, in this case, the Director of the Department of
Airports, to execute the standard form Operating Permit. Countywide (AH)
5. Staff recommends
motion to receive and file: Operating Permit with
DHL Air (UK) Limited (DHL), a United Kingdom limited liability company,
authorizing use of facilities at the Palm Beach International Airport (PBI) for
a single flight operation to Adolfo Suárez Madrid–Barajas Airport (MAD) on
February 22, 2025, and providing for payment of fees by DHL in the amount of
$2,014.20. Summary: The Operating Permit authorized DHL to use the facilities at PBI for a
single charter flight to MAD on February 22, 2025. Charges include landing, parking, and escort fees in the amount of $2,014.20. Resolution 2014-1709 authorizes the County
Administrator or designee, in this case, the Director of the Department of
Airports, to execute the standard form Operating Permit. Countywide (AH)
6. Staff recommends
motion to approve: a Declaration of Easement (Declaration) for water
utility improvements serving the development of new facilities on County-owned
property leased to Signature Flight Support, LLC (Signature) pursuant to a Fixed Base Operator Lease Agreement (R2016-0560) (Lease). Summary: Signature provides fixed based operator
services for general aviation aircraft at Palm Beach International Airport
(PBI) pursuant to the Lease. Signature
is constructing a new terminal building, hangars and fuel farm at its facility
at PBI. The Water Utilities Department (WUD) is requesting the Declaration to
provide water utility services to these facilities. The Declaration provides
for the installation, operation and maintenance of water transmission and
distribution facilities on Signature’s leasehold. Signature has provided a joinder and consent
to the Declaration, which serves to acknowledge the creation of the Declaration
on its leasehold. Countywide (AH)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
7. Staff recommends motion
to:
A)
approve a Letter of Release (Release) from the Federal Aviation Administration
(FAA), releasing approximately 740 square feet (0.017 acres) of unimproved
property (Haverhill Road Property) located at the northeast corner of Lynnwood Drive
and Haverhill Road west of the Palm Beach International Airport (PBI) from the
terms, conditions and obligations of grant assurances with the FAA, subject to
the conditions imposed by the FAA in the Release;
B)
adopt a Resolution (Bond Resolution) determining the Haverhill Road Property
is not necessary for airport purposes and disposition of the Haverhill Road
Property shall not impair the operating efficiency or reduce the revenue
producing capability of the County’s Airport System;
C) adopt a Resolution (Right-of-Way Resolution) imposing
certain easements, covenants and restrictions on the Haverhill Road Property
(Declaration), and designating the Haverhill Road Property for Palm Beach
County (County) road right-of-way purposes, subject to the Declaration; and
D)
approve a First Amendment (Amendment) to Amended and Restated Development Site
Lease Agreement (R2024-1316) (Lease) with Airport Logistics Park, LLC (ALP),
amending the legal description of the leasehold premises to remove the
Haverhill Road Property and providing for a reduction in rental in the amount
of $740 per year and a rent credit in the amount of $4,800 for reimbursement of
survey costs.
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
7. Summary: ALP leases land west of
PBI for the development and operation of industrial warehouse space. Two (2) phases of development have been
completed, and ALP is currently developing a third phase on approximately 6.43
acres of its leasehold. The County’s
Roadway Production Division imposed a condition of site plan approval
(DRO-2024-00140) requiring dedication of the Haverhill Road Property as public
road right-of-way. The Release releases
the Haverhill Road Property from the terms, conditions and obligations of FAA
grant assurances. The Bond Resolution is
required to allow the Haverhill Road Property to be used for non-airport
purposes. The Right-of-Way Resolution
designates the Haverhill Road Property for County road right-of-way purposes,
subject to the Declaration, which will be recorded in the public records. The Release and the Lease both require
payment of the fair market value of the Haverhill Road Property by ALP for the
conversion of the use from airport purposes to road right-of-way. An appraisal was completed August 28, 2024,
which determined the fair market value to be $18,500. ALP has paid the County appraised value of
the Haverhill Road Property. The
Amendment provides for the removal of the Haverhill Road Property from ALP’s
leasehold and reduction in rental in the amount of $740 per year. Countywide (HJF)
8. Staff recommends
motion to receive and file: An Amendment for Extension (Amendment) of Public Transportation Grant Agreement (PTGA)
No. 453348-1- 94-01
(R2023-1755) with the Florida Department of Transportation (FDOT) for Design
Runway 10L-28R Surface Pavement Rehabilitation at Palm Beach International Airport
(PBI). Summary: The PTGA provides partial
funding for the design of a pavement
rehabilitation project for Runway
10L/28R (Project), the primary runway at PBI, in amount not to exceed
$250,000. The contract for design of the Project
by Garver LLC (Garver) was approved on November 19, 2024 (R2024-1612), by the Board of County Commissioners (BCC). The PTGA was scheduled to expire on July 31, 2025. The Amendment
extends the term of the PTGA to April
1, 2026, to provide Garver with additional time to complete
the design of the
Project. Federal Aviation Administration
(FAA) Grant 3-12-0085-077-2024 (R2024-1613) provides funding for 75% of the
design cost in an amount not to exceed
$1,500,000. The non-federal match of $500,000 for the FAA grant
consists of $250,000 of local funds and $250,000 of FDOT funds provided by the
PTGA. Resolution 2020-1017 authorizes the County Administrator or designee, in this case, the Director
of the Department of Airports, to
execute the Amendment. Countywide (AH)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
9. Staff recommends
motion to approve: Amendment No. 6 (Amendment)
to the Contract for Consulting/Professional Services (Agreement) with Ricondo
& Associates, Inc. (Ricondo) in the amount of
$870,184.31 for the provision of professional consulting services for the
Department of Airports (DOA). Summary: The Agreement with Ricondo
was approved on August 23, 2022 (R2022-0888) in the amount of
$2,021,165 for the provision of professional consulting services for the DOA.
Amendment No. 1 through Amendment No. 5 increased the contract amount by
$3,394,600.03 and provided for
various services, including, but not limited
to, the Palm Beach
County Park Airport (LNA) Safety Assessment, LNA Master
Plan Update, Palm Beach International Airport (PBI) Cyber Security Implementation Support, 2024 Bond
Feasibility Report, and PBI Consolidated Rental Car Facility
(CONRAC) Advanced Planning, PBI 2025 Cyber Security Program Support Services,
North Palm Beach County General
Aviation Airport (F45)
Conceptual Fixed Base
Operator (FBO) Site Plan, Triennial Review Appraisals, and exercised the first one
(1) year renewal option. A detailed contract history
is included in Attachment 1. This Amendment will increase the contract
amount by $870,184.31, resulting in a total
contract amount of $6,285,949.34. This Amendment
includes the following Consultant Services Authorizations (CSAs): Task I
Services - Parking Advisory Services #2, F45 Airport Layout Plan
Update, PHK Airport Layout Plan Update, LNA Avigation Easements, LNA Safety Assessment Supplement #2, Task
II Services- PFC Application
Support, CIP Planning and
Implementation Support. Task II Services
are annual services
required to be performed on a recurring annual basis and defined in the Agreement. Ricondo is based
in Chicago, Illinois; however, the majority of the work will be managed
through its Miami, Florida office. The Agreement was presented to the Goal
Setting Committee (Committee) on September 1, 2021,
and the Committee established an Affirmative Procurement Initiative (API)
of a mandatory 10% Small Business Enterprise (SBE) subcontracting
goal and a Minority/Women Business Enterprise (M/WBE) Evaluation Preference of up to 15%. Ricondo committed to
11% SBE participation.
The proposed SBE
participation for this Amendment is 0%.
To date, the overall participation achieved on this Agreement is 10%. Countywide (AH)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: The Annual
Report and Financial Statements for the Fiscal Year ending September 30, 2024
from the Boynton Beach Community Redevelopment Agency (BB CRA). Summary:
The BB CRA has submitted its Annual Report and Financial Statements for the
Fiscal Year ending September 30, 2024 as per section number 163.387(6)(b),
Florida Statutes. Countywide
(DB)
2. Staff recommends
motion to receive and file: The Annual
Report for the Fiscal Year ending September 30, 2024 from the Village of Palm
Springs Community Redevelopment Agency (VPS CRA). Summary:
The VPS CRA has submitted its Annual Report for the Fiscal Year ending
September 30, 2024 as per section number 163.387(6)(b), Florida Statutes. Countywide (DB)
3. Staff recommends
motion to receive and file: Annual Report for
the Fiscal Year ending September 30, 2024 from the West Palm Beach Community
Redevelopment Agency (WPB CRA). Summary: The WPB CRA has submitted
its Annual Report for the Fiscal Year ending September 30, 2023 as per section
number 163.387(6)(b), Florida Statutes. Countywide
(DB)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: a notice to exercise an option to extend the
Governmental Center Lease Agreement
(R2019-1059) (Lease) with LJL Food Management Inc. d/b/a The Hideout Kitchen
& Café (Hideout) for the continued operation of food and beverage services
at the Governmental Center Parking Garage located at 215 North Olive Avenue in
West Palm Beach, extending the term from August 1, 2024 through July 31, 2029,
with a current annual rent of $23,185.70 ($1,932.14/month) increasing 2% each
year. Summary: On July 25,
2019, the Board of County Commissioners (BCC) approved the current Lease with
Hideout to provide food and beverage services at the Governmental Center
Parking Garage for a term of five (5) years at an initial annual rent of
$21,000 ($1,750/month), with 2% annual rent increases on each anniversary of
the commencement date for the duration of the term. The Lease provided Hideout
with one (1) option to extend the Lease term for a period of five (5)
years. On April 23, 2024, Hideout
provided timely notice of its intent to exercise its extension option. This
extension extends the Lease Term from August 1, 2024 through July 31, 2029,
with a current monthly rental rate of $1,932.14 in accordance with the terms of
the Lease which shall continue
to increase 2% each year. All other terms and conditions of the Agreement shall
remain in full force and effect. The Property and Real Estate Management
Division will continue to have management responsibilities for this lease. (Property
& Real Estate Management) District 7 (HJF)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 2 to the
continuing consulting services/design professional contract for
architectural/engineering services (R2025-0078) with Colome & Associates,
Inc. (Consultant) in the amount of $236,680.02 for the Dubois Pioneer Residence
Renovation project. Summary: On January 14, 2025, the
Board of County Commissioners (BCC) approved the continuing consulting services/design
professional contract for architectural/engineering services (R2025-0078) with
the Consultant to provide architectural and engineering services for capital
improvement or renovation projects countywide on an as needed basis. The Parks
and Recreation Department desires to renovate/repair the existing historic
Dubois Pioneer Residence and associated adjacent building structures. This item
will authorize the professional services for the Dubois Pioneer Residence
Renovation project. Under CSA No. 2, the Consultant will provide professional
services which include archaeological site assessment, construction document
preparation, cost estimating, permitting, bidding and construction
administration phase services necessary for the renovation to the existing two
(2)-story residence and associated adjacent building structures. The project
includes, but is not limited to, surveying the property, archaeological site
assessment, architectural conceptual design, floor plan layouts, and building
elevations of the proposed two (2)-story residence, including developing an
accessible route from the lower proposed parking area. This continuing contract was pursuant to the
requirements of the Equal Business Opportunity Ordinance. This continuing
contract was presented to the Goal Setting Committee on May 15, 2024, and the
Committee established Affirmative Procurement Initiatives of a 25% mandatory
Small Business Enterprise (SBE) subcontracting goal on the contract and a
Minority Business Enterprise evaluation preference for African American (AA)
owned businesses. The Consultant committed to 99% SBE participation, of which
36% is AA owned businesses. The SBE participation on this CSA is 94.47%
of which 18.27% is AA owned businesses.
To date, the overall SBE participation on the contract is 95.06% of
which 17.20% is AA owned businesses. The Consultant is a certified SBE. Funding
for this project is from the Infrastructure Sales Tax Fund. (Capital
Improvements Division) District 1 (MWJ)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 3 to the
continuing consulting services/design professional contract for
architectural/engineering services (R2025-0078) with Colome & Associates,
Inc. (Consultant) in the amount of $524,909.74 for the Palm Beach County (PBC)
Breath, Alcohol Testing (B.A.T.) Unit Relocation to Stockade project. Summary: On January 14, 2025, the
Board of County Commissioners (BCC) approved the continuing consulting
services/design professional contract for architectural/engineering services
(R2025-0078) with the Consultant to provide architectural and engineering services
for capital improvement or renovation projects countywide on an as needed
basis. The Palm Beach County Sheriff’s Office desires to renovate a portion of
the interior and exterior of the existing Palm Beach County Stockade (located
at 673 Fairgrounds Rd, West Palm Beach) to accommodate B.A.T. operations. This
item will authorize the professional services for the PBC B.A.T. Unit
Relocation to Stockade project. Under CSA No. 3, the Consultant will provide
professional services which include architectural conceptual design,
construction document preparation, cost estimating, permitting, bidding and
construction administration phase services necessary for the renovation to the
existing PBC Stockade buildings T, U, V, W, X, Y, and Z. The project includes,
but is not limited to, architectural conceptual design, reconfiguration of
portions of the existing floor areas, roof replacement, new covered canopies,
new fire alarm system, new card access at building entrances and select
interior areas. This continuing contract
was pursuant to the requirements of the Equal Business Opportunity Ordinance.
This continuing contract was presented to the Goal Setting Committee on May 15,
2024, and the Committee established Affirmative Procurement Initiatives of a
25% mandatory Small Business Enterprise (SBE) subcontracting goal on the
contract and a Minority Business Enterprise evaluation preference for African
American (AA) owned businesses. The Consultant committed to 99% SBE
participation, of which 36% is AA owned businesses. The SBE
participation on this CSA is 100% of which 23.47% is AA owned
businesses. To date, the overall SBE
participation on the contract is 98.18% of which 21.16% is AA owned businesses.
The Consultant is a certified SBE. Funding for this project is from the
General Fund and Public Building Improvement Fund. (Capital Improvements
Division) District 6 (MWJ)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends
motion to approve: Amendment No. 4 to extend the term of the contract
(R2017-0773) with Jacobs Project Management Co. (Jacobs) to provide program
management services for the General Government Capital Program (GGCP) from June
6, 2025 through June 5, 2026, and increase labor rates as allowed by contract
provisions. Summary: On
June 6, 2017, the Board of County Commissioners (BCC) approved the contract
(R2017-0773) with Jacobs to provide program management services to assist the
Facilities Development Operations Department (FDO)/Capital Improvements
Division (CID) with the implementation of the GGCP, which includes the
Infrastructure Sales Tax Program and general government 5-Year Capital
Improvement Plan. The original contract term was five (5) years with an option
to renew for five (5) additional one (1)-year terms. On May 17, 2022, the BCC
approved Amendment No. 1 (R2022-0487) for the first renewal which authorized
revisions to contract terms and conditions; set new hourly rates (labor rates
and multiplier), incorporated the E-verify language, and added two (2) staff
members (i.e., an estimator and a project manager) to the personnel complement
provided by Jacobs. On May 16, 2023, the BCC approved Amendment No. 2 (R2023-0665)
for the second renewal which authorized revisions to contract terms and
conditions, and set new hourly rates (labor rates) for Jacobs’ personnel and
subconsultants performing services during the term of the contract. On June 4,
2024, the BCC approved Amendment No. 3 (R2024-0627) for the third renewal which
authorized revisions to contract terms and conditions, and set new hourly rates
(labor rates) for Jacobs’ personnel and subconsultants performing services
during the term of the contract. The contract is set to expire on June 5, 2025.
Amendment No. 4 exercises the fourth renewal option to extend the contract
through June 5, 2026. Additionally, Amendment No. 4 sets new hourly rates
(labor rates) for Jacobs’ personnel and subconsultants that will perform services
during the term of the contract. The contract allows the raw labor rates to be
adjusted for the Consumer Price Index up to 3% after the first two (2) years.
Unlike typical consultant contracts, a Notice to Proceed (NTP) is issued
annually by October 1st for approval as part of the annual GGCP in
the upcoming budget year. The NTP will be issued administratively in an amount
not to exceed the amount approved as part of the annual capital improvement
program. If the NTP is not issued by October 1st of each fiscal year
(FY), then the County may terminate the contract. The contract value under
Amendment No. 4 is for a not to exceed amount of $1,816,384.25.
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. SUMMARY
(cont’d.): However, this item
only authorizes expenses for the remainder of FY 2025 of $605,461.42, which
will be reflected in the NTP issued to Jacobs following the approval of this
item. The Office of Equal Business Opportunity (OEBO) has reviewed the existing
Small Business Enterprise (SBE) participation and approved this extension
request under the existing SBE contract terms. This contract was advertised
according to the County’s prior SBE program where a 15% subcontracting goal was
applied. The SBE participation on this Amendment is 17.19%. Jacobs is not a
certified SBE firm but has an office located in Palm Beach County. All
program management costs (Estimator, Project Executive, Sr. Project Manager,
Program Controls Manager and project controls set-up) will be capitalized to
the Infrastructure Sales Tax projects and the costs associated with the Project
Managers and Field Inspectors will be charged to the applicable projects. (Capital
Improvements Division) Countywide (MWJ)
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve: Appointment
of one (1) at-large member to the Planning Commission (PLC) for the term June 4, 2025 to
June 6, 2028.
Name Seat # Nominated By
Selena Samios 8 Vice Mayor Baxter
Summary: The PLC was created by Ordinance 2008-003 which replaced the Land Use
Advisory Board established by Resolution No. R-90-1987. The Unified Land
Development Code (ULDC) Article 2.G.3.J provides for the membership of the PLC
to have 16 members, consisting of 15 voting members appointed by the Board of
County Commissioners (BCC) and one (1) non-voting representative of the School
District. Each District Commissioner appoints two (2) members and one (1)
member is appointed at-large by a majority vote of the BCC. This at-large
position is to fill an existing vacancy. A memorandum for an at-large
nomination was sent to the BCC on March 5, 2025. No other nominations were
received. The term of office of each member is for three (3) years. The board
has 15 voting members with 11 seats currently filled and a diversity count of
Caucasian: 6 (54%), African-American: 1 (10%), Hispanic-American: 2 (18%) and
Asian American: 2 (18%). The gender ratio (male: female) is 8:3. Ms. Samios is
a Caucasian female. Staff is addressing the need to increase diversity within
our boards and will continue to encourage this to expand this Board’s
diversity. Unincorporated (DL)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following four (4) executed Special
Events Rental Agreements (Agreements):
A) CC Leisure LLC, for the Big Bounce America
event at John Prince Park, from January 14, 2025 through January 28, 2025. This
event generated $7,126 in revenue, with $1,726 in direct expenses; thus
providing a net fiscal impact of $5,400;
B) Lights 4 Hope Inc., for the Lights 4 Hope
event at Okeeheelee Park, from October 25, 2024 through January 31, 2025. This
event generated $6,500 in revenue, with $0 in direct expenses; thus providing a
net fiscal impact of $6,500;
C) FOMO Entertainment Group LLC, for the South
Florida Strawberry Festival at Burt Aaronson South County Regional Park, from
January 13, 2025 through January 21, 2025. This event generated $12,544 in revenue, with $3,082 in direct expenses;
thus providing a net fiscal impact of $9,462; and
D) Battle Bros LLC, for the South Florida Bacon
& Brunch Festival at Burt Aaronson South County Regional Park, from January 23, 2025 through January 27,
2025. This event generated $3,911 in revenue, with $1,233 in direct expenses;
thus providing a net fiscal impact of $2,678.
Summary: These Agreements have been fully executed on
behalf of the Board of County Commissioners (BCC) by the Director of the Parks
and Recreation Department (Parks) in accordance with Resolution R2021-1552.
Parks is now submitting these Agreements in accordance with 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.
Districts 2, 3 & 5 (AH)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
2. Staff recommends
motion to receive and file: the following three (3) executed Sound and Light Production Service
Contractor Agreements (Agreements):
A) Sanderford Sound, Inc., in an amount not to
exceed $1,240 for the Spring Fest 2025 event at Sunset Cove Amphitheater on
February 8, 2025;
B) Sanderford Sound, Inc., in an amount not to
exceed $3,567 for the Carlin Park After Dark: Solid Brass concert at Seabreeze
Amphitheater on February 8, 2025; and
C) Sanderford Sound, Inc., in an amount not to
exceed $1,240 for the Blackluxe Picnic event at Sunset Cove Amphitheater on
February 15, 2025 through February 16, 2025.
Summary: These Agreements have been fully executed on behalf of the Board of
County Commissioners (BCC) by the Director
of the Parks and Recreation Department (Parks) in accordance with Resolution
2009-0592, amended 2010‑0645, 2014‑0167, 2017-1368 and 2018-0179. Parks
is now submitting these Agreements in accordance with 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. Districts 1 & 5 (AH)
3. Staff recommends motion
to receive and file: the following two (2) executed Promoter Amphitheater
Rental Agreements (Agreements):
A) DEUTERMANPRODUCTIONS.COM.LLC,
for the Jupiter Seafood Festival at Seabreeze Amphitheater, for the period of
February 12, 2025 through February 17, 2025. This event generated $13,737 in
revenue, with $1,737 in direct expenses; thus providing a net fiscal impact of
$12,000; and
B) FOMO Entertainment Group, LLC, for the Ribs
and Beer Festival at Sunset Cove Amphitheater, for the period of February 22,
2025 through February 23, 2025. This event generated $8,178 in revenue, with
$2,436 in direct expenses; thus providing a net fiscal impact of $5,742.
Summary: These Agreements have been fully executed on
behalf of the Board of County Commissioners (BCC) by the Director of the Parks
and Recreation Department (Parks) in accordance with Resolution 2023-0423.
Parks is now submitting these Agreements in accordance with 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.
Districts 1 & 5 (AH)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
4. Staff recommends
motion to approve: an Agreement with Faith’s Place Center For Arts Education,
Inc., (Faith’s Place) for the Operation of Summer Camp at Westgate Park and
Recreation Center (WPRC) effective June 6, 2025 through July 25, 2025. Summary: The Parks and Recreation
Department (Parks) wishes to continue its summer day camp programming by
partnering with not-for-profit organizations for the operation of summer camps
at certain County owned recreation centers. Faith’s Place, will utilize space
at WPRC for up to 100 children. Registration will be open to the public and
Youth Services Department’s Summer Camp scholarship recipients are eligible to
attend. Faith’s Place is responsible for all operating expenses and ensuring
compliance with Center for Disease Control guidelines associated with summer
day camp programs. In exchange, Parks
will provide use of the facility at no charge. District 7 (AH)
X. PUBLIC SAFETY
1. Staff recommends
motion to ratify: the
Mayor’s signature on the Federally
Funded Subaward and Grant Agreement for DR-4834-Hurricane Milton Agreement
Number: Z4603 (Agreement) with the State of Florida, Division of Emergency
Management (FDEM) to authorize projects related to Hurricane Milton and for
reimbursement for eligible project expenses.
Summary: On October 11, 2024, the President of the
United States issued a major disaster declaration designated FEMA-4834-DR for
the State of Florida as a result of Hurricane Milton authorizing Public
Assistance (PA) funding for eligible Florida Counties. PA is a federal grant to aid state and local
governments in returning a disaster area to pre-disaster conditions.
Expenses associated with Hurricane Milton and eligible for reimbursement
were projected at $3,900,000 which included Category A (Debris Removal),
Category B (Emergency Protective Measures), Category E (Buildings and
Equipment) and Category G (Parks, Recreational, Other). The federal share of the eligible costs is
75% and the nonfederal share will be the remaining amount. Payment of a specified portion of the
nonfederal share is contingent upon future State appropriations. Typically, the State of Florida will
contribute a 12.5% share of the qualified actual expenditures incurred, leaving
the County responsible for absorbing the remaining 12.5%. The emergency process
is being utilized due to the FDEM requested subaward applicants to submit
expedited projects. Countywide (DB)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
2. Staff recommends
motion to approve: One
(1) At Large appointment to the
Emergency Medical Services (EMS) Advisory Council Emergency Room (ER) Nurses
Forum seat. The term will be from June 3, 2025 to September 30, 2027.
Nominee Seat Designation Nominated by
Amber Burch 2 ER
Nurses Forum PBC ER Nurses
Forum
Summary: The EMS Council advises the Board of County
Commissioners (BCC) on matters relating to EMS; in addition to proposing and
discussing ideas and projects which might improve the quality of EMS in Palm
Beach County. Per Resolutions R2014-0100 and R2016-1824,
the BCC approved a representative make-up of the EMS Council to include 20
members. On September 30, 2024, the ER
Nurses Forum seat term expired and the former Council member relocated out of
Palm Beach County. A memo was sent to
the affiliation for appointment of a new member to fill this seat. One (1) nominee responded to represent the ER
Nurses Forum. Thirteen (13) members are
representatives of the various components of the EMS system with specific requirements
and seven (7) members are Commission District Consumer appointments. The EMS
Council currently has 19 seats filled, with a diversity count as follows:
Caucasian: 18 (95%) and African American: 1 (5%). The gender ratio (male: female) is 14:5. Staff is addressing the need to increase
diversity within its Council and will continue to encourage this in an effort
to expand the Council’s diversity. Countywide
(SB)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
3. Staff recommends
motion to:
A)
ratify the Mayor’s
signature on the Florida Department of Juvenile Justice (DJJ)’s Solicitation
#10769 – Aftercare Resource Navigator Program (ARNP) application, in the amount
of $1,551,250 for an award period of January 1, 2025 through December 31, 2028;
and
B)
delegate authority to the
County Administrator or designee to sign future
applications and execute contracts and contract amendments with DJJ for
youth reentry on behalf of the Board of County Commissioners (BCC), after
approval of legal sufficiency by the County Attorney’s Office (CAO), and within
budget allocations, that do not substantially change the scope of work, terms
or conditions of the original contract.
Summary: The purpose of the
DJJ Solicitation #10769- ARNP funding is to increase positive outcomes for youth who are reentering the
community from a residential commitment facility by identifying and
establishing relationships with resources that address the service needs of
youth and their families. This funding aligns seamlessly with services
currently being offered by Public Safety Department, Justice Services, Youth
Reentry Program. Outcomes of the program
are intended to reduce recidivism among reentry youth who are transitioning
back to Palm Beach County (PBC), as well as reduce future victimization,
enhance public safety, and improve the quality of life of all residents. With
the additional funds requested from DJJ, the PBC Youth Reentry Program will be
able to sustain and expand current reentry services. The contract provides funds to support three
(3) existing positions, a Senior Program Specialist, paygrade 38; Case Manager
II, paygrade 27; and a Community Outreach Specialist I, paygrade 20; as well as
two (2) new Aftercare Navigator positions paygrade 27. The two (2) new
Aftercare Navigator positions will be approved for the length of the contract
funding and will be deleted from Public Safety Department, Division of Justice
Services complement if funding ceases. The
County’s emergency signature process was utilized for this application because
we were notified of the opportunity on October 30, 2024 and there was not
sufficient time to submit these forms through the regular agenda process to meet the November 6, 2024 deadline for
electronic submission. No County
matching funds are required for this contract. Countywide (RS)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
4. Staff recommends
motion to approve:
A)
the payback of $23,117.68
in unexpended grant funds received in advance from subcontract 23FVP26 with the
Florida Council Against Sexual Violence (FCASV) for the first year, December 1,
2023 through June 30, 2024, of a two (2)-year grant period ending June 30, 2025
(R2024-0570); and
B) a downward Budget Amendment of $69,252 in
the Public Safety Grants Fund to reduce the budget by the total unspent amount
of the first year of the grant period.
Summary: Palm Beach County, Department of Public
Safety, Division of Victim Services
(DVS) was awarded a US Department of Health and Human Services, Family Violence
Prevention and Services Act (FVPSA) (CFDA#16.017) award from the FCASV. This
award ensures the continuity of sexual assault services for sexual assault survivors
and their dependents. Although, the subcontract was retroactive to December 1,
2023, the FCASV was not authorized to release the subcontracts until January
23, 2024. The subcontract was fully
executed on April 3, 2024. On May 14,
2024, the Board of County Commissioners (BCC) approved the agenda item to
receive and file the subcontract, add a position, and approve the budget
amendment to recognize grant award. Due
to the delay in execution by FCASV of the subcontract, DVS only had two (2)
months to spend down the entire grant award.
Therefore, only $38,390.32 of the $107,642 award was spent by the end of
the grant period on June 30, 2024. Since
FCASV pays the County a fixed monthly amount, the County received a total of
$61,508. However, only $38,390.32 was spent, resulting in an overpayment of
$23,117.68 that must be returned to FCASV. Per Grant Administration PPM
CW-F-003, the payback of unexpended funds over $5,000 must be approved by the
BCC. The First Amendment to the
subcontract for the second year of funding, totaling $215,284 was received and
filed by the BCC on October 8, 2024 (R2024-1337). This amendment continues to
fund the Victim Advocate, a temporary FRS position, and contracted therapy
services for the duration of the grant.
These positions will be deleted from the complement once grant funding
ends. No County matching funds are
required for this grant. Countywide
(RS)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
5. Staff recommends
motion to receive and file: acceptance of the U.S. Department of Justice (DOJ), Office on Violence
Against Women (OVW) FY 2024 Grants to Improve the Criminal Justice Response
(ICJR) Program (15JOVW-24-GG-01618-ICJR)
in the amount of $1,200,000 for the period of October 1, 2024 through September
30, 2027. Summary: On March 25, 2024, Palm Beach County Board of
County Commissioners (BCC) former Mayor authorized the Department of Public
Safety to electronically submit a grant application to the U.S. DOJ, OVW, for
the FY2024 Grant to ICJR Program. The
grant application was for a continuation grant for a 36-month period beginning
October 1, 2024 through September 30, 2027 in the amount of $1,200,000. The
emergency signature process was used because DOJ was only accepting
applications electronically and the deadline was rapidly approaching. The Public Safety Department’s application
under the funding opportunity entitled 2024 OVW Fiscal Year 2024 Grants to Improve
the Criminal Justice Response (ICJR) Program (CFDA# 16.590) was approved on
September 20, 2024. The purpose of this ICJR continuation grant is to elevate
victim safety and ensure offender accountability through the enhancement of our
Coordinated Community Response (CCR) to domestic violence, dating violence,
sexual assault and stalking in Palm Beach County. The CCR will provide
consistent response protocols, comprehensive services and referrals for victims
and accountability for offenders. Project partners are the Criminal Justice
Commission (CJC) and Aid to Victims of Domestic Abuse (AVDA). The outcomes of this project will include
comprehensive victim safety and support measures, improved options to address
offender accountability, multi-sector collaboration, training and capacity
building, enriched cultural sensitivity and diversity, and policy and systemic
changes. Approximately 60 percent of the
project activities will address domestic violence, dating violence, and
stalking. The grant provides funds for contractual services, office supplies,
travel and training. Additionally, the continuation grant will fund two (2)
existing positions in the Public Safety Department, a grant coordinator and a
victim advocate. These positions will be deleted from the Public Safety
Department complement if the funding is discontinued. This agenda item is being
submitted as a receive and file and will facilitate the appropriate grant
number to process the acceptance of the grant. No County matching funds are required for this grant. Countywide
(RS)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office
(PBSO), a second donation from
the Howard E. Hill Foundation, Inc., in the amount, of $25,000 for the period
October 16, 2024 through September 30, 2025; and
B) approve a Budget Amendment of $25,000 in the
Sheriff’s Grant Fund.
Summary: On April 1, 2025,
the Board of County Commissioners (BCC) accepted a $25,000 Grant Award on
behalf of the PBSO from the Howard Hill Foundation, Inc. for the period October
16, 2024 through September 30, 2025, to offset the contractual services cost of a ShotSpotter System for our
Gunfire Detection and Location Project. On April 22, 2025, the Howard Hill
Foundation awarded an additional $25,000 donation to continue to support the
ShotSpotter System. Countywide
(RS)
2. Staff recommends
motion to:
A) accept a Grant Award letter on behalf of the Palm
Beach County Sheriff’s Office (PBSO) from the Florida Department of Law
Enforcement (FDLE) which provides $75,000 in supplementing funding through the
FY2024-2025 State Assistance for Fentanyl Eradication (SAFE) in Florida
Program;
B) accept a Grant Award letter on behalf of PBSO from
FDLE which provides $180,000 in supplementing funding through the FY2024-2025
SAFE in Florida Program; and
C) approve
a Budget Amendment of $255,000 in the Sheriff’s Grant Fund.
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
2. Summary: On March 5, 2024,
the Board of County Commissioners (BCC) accepted a $475,000 Grant Award on
behalf of the PBSO from FDLE for the FY 2023-2024 SAFE Program for the period
July 1, 2023 through June 30, 2024, to conduct joint operations, investigations
and other activities as authorized by the SAFE Program (R2024-0266). On August 20, 2024, the BCC accepted a Grant
Adjustment Notice, which extended the period of performance through June 30,
2025 (R2024-0990). On September 17,
2024, the BCC accepted $200,000 in supplemental funding to continue SAFE
operations (R2024-1261). On December 10, 2024, the BCC accepted $150,000 in
supplemental funding to continue SAFE operations (R2024-3CC2). On April 1, 2025, the BCC accepted $208,000
in supplemental funding to continue SAFE operations. On April 11, 2025, FDLE
awarded PBSO an additional $75,000 in grant funding to continue to conduct SAFE
operations and investigations. On April 30, 2025, FDLE awarded PBSO $180,000 in
supplemental funding to continue to conduct SAFE operations and investigations.
The total Grant Award is $1,288,000. There is no match requirement associated with this award. The
Catalog of State Financial Assistance (CSFA) number is 71.122 and the agreement
number is 2023-SAFE-SF-046. Countywide (RS)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
DD. CAREERSOURCE
1. Staff recommends
motion to approve: one (1) appointment to the CareerSource Palm Beach County, Inc. Board of
Directors (Board) for the seat and term June 3, 2025 to June 2, 2029.
|
Appointment |
Seat No. |
Area of Representation |
Nominated By |
|
Matthew
Rocco |
3 |
Private Sector Representative |
CareerSouce Palm Beach County, Inc. Board of Directors |
Summary: The Board’s mission is to develop a more efficient system to prepare Floridians
for high skill and high wage jobs, and to oversee Welfare Reform,
School-to-Work, and Adult/Literacy educational training. On October 22, 2024, the Board of County Commissioners (BCC)
approved the Interlocal
Agreement Palm Beach Workforce Development Consortium (R2024-1435) (Agreement),
which replaced prior Agreements. The
Agreement states the BCC will appoint private sector board members to assure a
minimum 51% private sector majority. The federal Workforce Innovation and
Opportunity Act requests that an emphasis be placed on Chief Executive Officers
or highest level of management positions for both community and business sector
appointments. CareerSource Palm Beach County Board of Directors approved the
nomination of Matthew Rocco at their April 24, 2025 meeting. Matthew
Rocco is the President of the South Florida Manufacturers Association. The
Board is comprised of a minimum of 19 members with representation established as noted in
Attachment 4. The Board has a maximum of 33 seats, 21 currently filled
and a diversity count of Caucasian:
17 (81%), African-American: 2 (10%) and Hispanic: 2 (10%). The gender ratio
(female:male) is: 8:13. Matthew Rocco is a Caucasian male. Staff is addressing the need to increase
diversity within our boards and will continue to encourage this to expand this
Board’s diversity. Countywide (HH)
JUNE 3, 2025
3. CONSENT
AGENDA APPROVAL
EE. EQUAL EMPLOYMENT OPPORTUNITY
1. Staff recommends
motion to approve: appointment of one (1) At-large
member to the Fair Housing/Equal Employment (FH/EE) Board, for seat number nine
(9) to complete the unexpired term beginning on June 3, 2025 to September 30,
2026.
Appoint Seat Requirement Nominated By
Kenneth Reid PBC
Resident Mayor
Marino
Commissioner
Weiss
Commissioner
Woodard
Commissioner Sachs
Summary: The FH/EE board serves as a quasi-judicial body empowered to hear and
decide upon the merits of employment and housing discrimination complaints
investigated by the Office of Equal Opportunity. The FH/EE board is comprised of nine (9)
members, consisting of seven (7) district appointments and two (2) At-large
members. Following the resignation of At-large appointee Zade Shamsi-Basha,
Kenneth Reid submitted an application. A memo dated March 27, 2025 was
circulated to the Board of County Commissioners (BCC) requesting their support
or asking for additional nominations. No additional nominations were received.
Five (5) of the board’s nine (9) seats are currently filled with a diversity count
of Caucasian: 2 (40%), African American: 1 (20%) and Hispanic: 2 (40%). The
gender ratio (female: male) is 1:4. This nominee is a Caucasian male. Staff
continues to address the need for increased diversity within our boards and
will encourage expansion of this board’s diversity. Countywide (JW)
* * * * * * * * * * * *
JUNE 3, 2025
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Proclamation recognizing
Palm Beach County Fire Rescue’s First K-9 Therapy Team.
(District 5)
B) Proclamation
declaring June 2025 as National Caribbean American Heritage Month.
(District 3)
C) Proclamation
declaring June 7, 2025 as Mr. Henry Simmons Remembrance Day. (District 2)
D) Proclamation
declaring June 2025 as Pride Month. (District 3)
E) Proclamation
declaring June 19, 2025 as Juneteenth Day. (District 7)
F) Certificate of Commendation presented to Doug
Wise. (District 1)
G) Proclamation
honoring Juneteenth of PBC Inc. for its Cultural Impact on Palm Beach County.
(District 7)
H) Proclamation declaring June 17, 2025 as Dump the Pump Day. (District 1)
* * * * * * * * * * * *
JUNE 3, 2025
5. PUBLIC HEARING – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to:
A) adopt an Ordinance amending Palm Beach County
(County) Code Chapter 17, Article I, Ordinance No. 95-23 reimposing the six (6)
cent local option fuel tax upon every gallon of motor fuel and diesel fuel sold
in the County; providing for relevy; effective dates; distribution of proceeds;
severability; repeal of ordinances in conflict; inclusion in the code of laws
and ordinances; captions; and an effective date;
B) approve the 2025 Interlocal Agreement to Re-determine, Re-adopt, and Ratify the
existing distribution formula for the six (6) cent local option fuel tax (ILA)
with the Town of Highland Beach; and
C) approve the ILA with the City of Palm Beach Gardens.
SUMMARY: On
April 8, 2025, the Board of County Commissioners (BCC) approved this Ordinance
amending Ordinance No. 95-23 on preliminary reading and authorized
advertisement for today’s Public Hearing for final adoption. This Ordinance reimposes at the current rate
and levies the six (6) cent local option fuel tax (Tax) that expires on August
31, 2025. This Tax will be effective
beginning September 1, 2025 through August 31, 2055. Section 336.025, Florida Statutes (Statute),
authorizes the BCC to levy fuel taxes on the sale of every gallon of motor fuel
and diesel fuel sold in the County. This
Tax is pursuant to Section 336.025(1)(a), Florida Statutes, and is one of
several taxes levied on the sale of fuel.
The Tax was originally levied by Ordinance No. 83-14 at a rate of two
(2) cents, and increased to four (4) cents by Ordinance No. 85-19. Ordinance No 86-23 increased the levy to six
(6) cents effective through August 1995, and Ordinance No. 95-23 extended the
effective date through August 31, 2025.
The County currently receives 66.5648% of this Tax revenue and
municipalities collectively share the remaining 33.4352%, pursuant to the
distribution formula based upon population and roadway lane miles.
JUNE 3, 2025
5. PUBLIC
HEARING – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. ENGINEERING
& PUBLIC WORKS (cont’d.)
1. SUMMARY (cont’d.): Use of proceeds from this Tax is restricted
to transportation expenditures that include: a) public transportation
operations and maintenance; b) roadway and right-of-way maintenance and
equipment and structures used primarily for the storage and maintenance of such
equipment; c) roadway and right-of-way drainage; d) street lighting
installation, operation, maintenance, and repair; e) traffic signs, traffic
engineering, signalization, and pavement markings, installation, operation
maintenance, and repair; f) bridge maintenance and operation; g) debt service
and current expenditures for transportation capital projects in the foregoing
program areas, including construction or reconstruction of roads and
sidewalks. These two (2) ILAs, in
addition to the 27 ILAs that were approved on April 8, 2025 and May 6, 2025,
represent a 73.9% majority of the population of the incorporated area. The ILA was prepared in coordination with the
League of Cities (League), reviewed by the Engineering and Public Works
Department (EPW), the Office of Financial Management and Budget (OFMB), and the
County Attorney’s Office. The League
conducted outreach to all eligible municipalities in the County for ILA
execution and forwarded the ILAs to the County for approval upon receipt. The Engineering and Public Works Department
advertised this public hearing on May 16, 2025.
Countywide (YBH)
* * * * * * * * * * * *
JUNE 3, 2025
A. OFFICE OF RESILIENCE
1. Staff recommends
motion to approve: on preliminary reading and permission to advertise for
public hearing on July 8, 2025 at 9:30 A.M.: an Ordinance of the Board of County Commissioners of Palm Beach County
(PBC), Florida, amending PBC Code, Chapter 17, Article XVII, (Ordinance
2017-012 as amended by 2022-030) section 17-504 through section 17-508,
regarding the Property Assessed Clean Energy Program (PACE), providing for
publication, providing for minutes, providing for a savings clause, providing
for repeal of laws in conflict, providing for severability, providing for
inclusion in the code of laws and ordinances; providing for enforcement;
providing for penalties; providing for captions; and providing for an effective
date. Summary: On July 1,
2024, 2024-273 Florida Statutes went into effect, updating the requirements of
the PACE program in Florida. This revision included updates to definitions,
increased consumer protections, increased consumer disclosure requirements,
expanded the qualifying improvements eligible for financing under the program,
clarified that PACE program administrators may only offer PACE financing in
counties or municipalities that have authorized them to do so, and bifurcated
residential and commercial program requirements. Staff is recommending updates
to the PBC PACE Ordinance to maintain compliance and consistency with state
law. Staff have met with local PACE representatives multiple times to
collaborate on these efforts. Additionally, staff have worked with the Tax
Collector’s Office on these recommendations. Upon final direction, staff will
advertise the proposed ordinance amendments for adoption at the July 8, 2025,
BCC meeting. Countywide (RM)
JUNE 3, 2025
6. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff recommends
motion to approve: a Third Amendment to the Lease Agreement with
RREEF America REIT II Corp. S (RREEF) for the continued use of 76,603 square
feet of space located at 7835 Byron Drive, Unit 1 in Riviera Beach (Premises),
for warehouse storage, extending the term from January 1, 2027 through December
31, 2031, at an annual rental rate of $991,760 with yearly increases of four
percent (4%). Summary: The County has leased 76,603 square feet of
warehouse and office space from RREEF since 2009 for the Supervisor of
Elections (SOE) warehouse operations. On
September 22, 2015, the Board of County Commissioners (BCC) approved Lease
Agreement (R2015-1342) with RREEF which has been amended twice and has a
current expiration date of December 31, 2026.
While SOE operations have been relocated to the new SOE facility at
Cherry Road, there is a continued need to lease the Premises. Since SOE’s relocation, the Premises has been
used for storage by the County’s Information Systems Services (ISS), Fire
Rescue (FR) and Facilities Development and Operations (FDO) departments. This Third Amendment extends the lease term for
an additional five (5) years from January 1, 2027 through December 31, 2031,
with two (2) three (3) year renewal options. Commencing January 1, 2027, the
annual rent shall be $991,760 ($12.95/sf), subject to 4% annual increases. The
County will continue to be responsible for its share of taxes and expenses for
the Premises. All other terms and conditions of the Lease shall remain in full
force and effect. PREM will continue to have administrative responsibility for
this Lease. (Property & Real Estate Management) District 7 (HJF)
JUNE 3, 2025
6. REGULAR
AGENDA
C. ADMINISTRATION
1. Staff recommends a motion to approve: the Employment Contract between
Palm Beach County Board of County Commissioners (BCC) and Todd Bonlarron (Bonlarron) for the position
of Interim County Administrator. Summary: The County
Administrator is retiring effective May 31, 2025 and the BCC is scheduled to
interview applicants for the position on June 17, 2025. Accordingly, on May
20, 2025, the BCC appointed Assistant County Administrator Bonlarron, to serve
as the Interim County Administrator. Bonlarron will serve as Interim County
Administrator until the BCC appoints the next County Administrator. The proposed
contract provides for an annual salary of $355,000 a pro-rated deferred
compensation contribution, auto allowance, and other benefits afforded to
County employees. Countywide (DO)
2. Staff recommends motion to:
A)
approve the Performance
Reviews for the following Contractual Employees: the County Attorney and the
County Internal Auditor conducted by the Board of County Commissioners (BCC);
and
B) authorize the Department of Human Resources to file a copy of the results into
the prospective employee file.
Summary: On March 11, 2025, the BCC approved a tool, timeline, and process to
evaluate the performance for the Contractual Employees, which included the
County Administrator, the County Attorney and the County Internal Auditor. This
process included completing the approved tool and submitting the information at
a Public BCC meeting. In keeping with the process, staff is recommending
approval of the Performance Reviews; and authorization for the Department of
Human Resources to file a copy of the results with the prospective employee's
file. The former County Administrator
was exempt from the Performance Review process for 2025, as a result of
retiring from Palm Beach County effective May 31, 2025. Countywide (DO)
JUNE 3, 2025
6. REGULAR
AGENDA
C. ADMINISTRATION
(cont’d.)
3. Staff requests
Board direction:
on the process to be used for interviewing the recommended applicants for the
County Administrator position. Summary: On Tuesday, June 17, 2025,
the BCC is scheduled to interview the recommended applicants for the position
of County Administrator. In preparation, staff is requesting direction from the
County Commissioners on the following: Countywide (DO)
a)
the
interview process to be utilized to interview the applicants publicly;
b)
the
development of questions to present to the applicants during the interview
process; and
c)
the
methodology that will be used by the BCC to select the County Administrator
from the applicants interviewed.
4. Staff requests
Board direction: regarding the Board of County Commissioners’
(BCC) increased participation in the County’s selection processes for
competitive procurements. Summary:
During its April 8, 2025, regular meeting the BCC directed staff to return at a
future date with an overview of existing procurement processes and
recommendations to provide for the BCC’s increased participation in the same.
This item provides: 1) an overview of current processes, 2) options for
increased BCC involvement, 3) key factors for the BCC to consider if it decides
to pursue increased participation, and 4) benchmarking data for six comparable
counties. The options detailed in this item are based on staff’s understanding
of the BCC’s interest based on comments made by Commissioners during public
meetings. Following discussion by the BCC, staff may be directed to return at a
later time with additional options for consideration. Once the BCC decides what options it would
like to implement, staff will need to revise applicable Policy and Procedures
Memoranda (PPMs) accordingly in order to operationalize the direction received.
(Administration) Countywide
(MWJ)
6. REGULAR
AGENDA
C. ADMINISTRATION
(cont’d.)
5. Staff recommends
motion to approve: a Resolution of the Board of County Commissioners
(BCC) condemning the killings of Yaron Lischinsky and Sarah Pilgrim in
Washington DC, denouncing the rising threat of antisemitism and hate, and
affirming support for local initiatives promoting interfaith dialogue and
community unity. Summary: The
BCC directed staff at the Zoning meeting on Thursday, May 22,, 2025
to prepare a resolution condemning the killings of Yaron Lischinsky and Sarah
Milgrim in an anti-Semitic attack in Washington DC on May 21, 2025. The Resolution
denounces the rise of antisemitism and hate in all forms; pledges to strengthen
efforts to protect vulnerable communities across Palm Beach County; calls for
an end to the hate-filled rhetoric that has permeated public discourse; reaffirms
the BCC’s commitment to civil discourse, interfaith understanding, and public
engagement rooted in mutual respect; and supports and commends local
initiatives and the American Jewish Congress for their efforts in promoting
interfaith dialogue, community unity, and the eradication of hate. Countywide
(AH)
JUNE 3, 2025
6. REGULAR
AGENDA
D. COUNTY
ATTORNEY
1. Staff recommends
motion for:
A)
Board Direction addressing
Executive Order (EO) 14168 and EO 14173 regarding the President of the United
States’ (President) position on “gender identity” prohibiting federal funds to
be used to “promote gender ideology” and prohibiting grant recipients from
having “illegal” race- and sex-based diversity, equity and inclusion (DEI)
and/or diversity, equity, inclusion, and accessibility (DEIA) programs and
complying with federal grants incorporating EO 14168, EO 14173, and other EOs;
B) approval of a waiver of the notice requirements
of Section 125.66(2), Florida Statutes, declaring that an emergency exists and
that the immediate enactment of an Emergency Ordinance is necessary; and
C)
approval of an EMERGENCY 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,
PERTAINING TO THE EQUAL BUSINESS OPPORTUNITY PROGRAM; PROVIDING FOR COMMERCIAL
NONDISCRIMINATION POLICY; PROVIDING FOR SUSPENSION OF PALM BEACH COUNTY
DIVERSITY EQUITY AND INCLUSION (“DEI”) PROGRAMS; 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 AND EFFECTIVE DATE.
Four-fifths vote is required for approval.
Summary: Staff is requesting approval of an Emergency
Ordinance to incorporate changes to respond to recent EOs prohibiting “illegal
DEI Programs”. On January 20, 2025, the
President signed EO 14168 opposing “gender identity” and prohibiting federal
funds to be used to “promote gender ideology.”
On January 21, 2025, the President signed EO 14173 stating opposition to
“so-called diversity, equity and inclusion (DEI) or diversity, equity,
inclusion, and accessibility (DEIA)” programs.
On April 24, 2025, the Secretary of the United States Department of
Transportation (DOT) issued a letter addressed to “All Recipients of U.S.
Department of Transportation Funding” indicating that “any policy, program, or
activity that is premised on a prohibited classification, including
discriminatory policies or practices designed to achieve so-called ‘diversity,
equity, and inclusion,’ or ‘DEI,’ goals, presumptively violates Federal
law.”
JUNE
3, 2025
6. REGULAR
AGENDA
D. COUNTY
ATTORNEY (cont’d.)
1. SUMMARY (cont’d.): The letter “provides notice of the Department’s existing interpretation
of Federal law” and “failure to cooperate generally with Federal authorities in
the enforcement of Federal law, will jeopardize [the grant recipient’s]
continued receipt of Federal financial assistance from DOT and could lead to a
loss of Federal funding from DOT”. EO
14173, EO 14168 and other EOs are being incorporated expressly by reference in
federal government grant agreements. The
Justice Department has launched an initiative targeting grant recipients with
False Claims Act (“FCA”) prosecution for violation of the terms of the federal
grants that incorporated the EOs. There
are numerous courts across the country that have received challenges of the EOs
that are incorporated in the federal grant awards. This item requests that the BCC approve an
Emergency Ordinance regarding continued receipt of grant funding and asks the
BCC to approve an Emergency Ordinance suspending certain Palm Beach County
(County) ordinances or portions thereof, policies and programs to limit legal
liability and preserve the County’s access to federal funding pending further
interpretation and clarification of federal law as it relates to recent EOs and
federal grant requirements. The approval
of an Emergency Ordinance best preserves the County’s access to federal funding
sources, and limits potential civil and criminal liability. This option
requires BCC direction to modify current policies to ensure race and gender
neutral policies are in effect throughout the County. The proposed Emergency Ordinance
suspends portions of the County’s Equal Business Opportunity Ordinance to
return to a small business enterprise program with no enforcement or
utilization of preferences or distinctions based on sex or race. In addition,
reporting related to not hiring individuals of certain underrepresented race
and/or gender pursuant to the Equal Employment Opportunity/Affirmative Action
Plan is suspended pending further guidance by the federal government. The Office of Diversity, Equity and Inclusion
will be eliminated which will have no impact as it has never been staffed.
Staff, with the assistance of the County Attorney’s Office, may need to amend
applicable Policy and Procedures Memoranda (PPMs) and other ordinances to
ensure consistency with the requirements of the Emergency Ordinance.
JUNE 3, 2025
6. REGULAR
AGENDA
D. COUNTY
ATTORNEY (cont’d.)
1. SUMMARY (cont’d.): Approval of the Emergency Ordinance requires a waiver of the Notice
Requirements of Section 125.66(2). The BCC must declare that an emergency
exists and the immediate enactment of the Emergency Ordinance is necessary. The
County is in receipt of federal grant opportunities that incorporate the EOs.
These grants must be accepted and executed within limited time constraints, and
there is insufficient time to follow the customary process outlined in Section
125.66(2). The Emergency Ordinance must
be approved by a four-fifths vote of the BCC. Countywide
(MM)
JUNE 3, 2025
6. REGULAR
AGENDA
D. COUNTY
ATTORNEY (cont’d.)
2. Staff recommends
motion to adopt:
A) a resolution of the Board of County
Commissioners of Palm Beach County, Florida (BCC), repealing and replacing
R2017-1770; stating the policy that Palm Beach County shall neither do business
with nor appropriate funds to any entity that practices discrimination on the
basis of race, color, national origin, religion, ancestry, sex, age, marital
status, familial status, sexual orientation, disability, or genetic information;
and
B) a resolution of the BCC repealing that portion
of Resolution R2021-0764 that created the Office of Diversity, Equity, and
Inclusion, which has remained unstaffed since it was created by Amendment of
the Palm Beach County Administrative Code in June of 2021.
Summary: The BCC adopted a
non-discrimination resolution in December of 2017, (R2017-1770), stating the
County policy that it would neither do business with nor appropriate funds to
any entity that practices discrimination on several bases, including “gender
identity or expression.” The words
“gender identity or expression” in the non-discrimination resolution are
superfluous because the resolution also prohibits discrimination on the basis
of “sex” which encompasses “gender identity or expression.” Bostock
v. Clayton County, 590 U.S. 644 (2020).
Staff believes it is in the best interest of the County to remove
“gender identity or expression” from the County’s non-discrimination policy
because several entities with which the County contracts have objected to
inclusion of these words in the County’s contract, based on Executive Order
(EO) 14168 signed by the President of
the United States on January 20, 2025.
Additionally, in June of 2021, the BCC amended the Palm Beach County
Administrative Code to add an Office of Diversity, Equity, and Inclusion
(R2021-0764); however, that Office has remained unstaffed to date. On January 21, 2025, the President of the
United States signed EO 14173 stating the administration’s opposition to “so-called
‘diversity, equity and inclusion (DEI)’”, declaring such policies “illegal”,
and directing the head of each federal agency to include in every contract or
grant award a term requiring the grant recipient to certify that it does not
operate any program promoting DEI. Based
on EO 14173, staff believes it is in the best interest of the County to
eliminate the unstaffed Office of Diversity, Equity and Inclusion. Countywide. (HH)
JUNE 3, 2025
6. REGULAR
AGENDA
E. AIRPORTS
1. Staff recommends
motion to:
A) approve Federal Aviation Administration (FAA) Grant
Agreement Number 3-12-0085-079-2025 (Grant) in the amount of $10,000,000, for
the Concourse B Expansion – Phase 2B (R2025-0108)
(Project) at Palm Beach International Airport (PBI);
B) delegate
authority to the County
Administrator or designee to execute the Grant on behalf of the County;
C) approve a Budget Amendment in the amount of $10,000,000 to recognize the receipt
of grant funding from the Federal Aviation Administration (FAA); and
D) approve a Budget Amendment to recognize the transfer of $10,000,000 from the
Airport’s Improvement and Development Fund to the Airport’s Operating Fund.
Summary: On October 22,
2024, the Department of Transportation issued a Notice of Award (NOA) under the
Infrastructure Investment and Jobs Act, Airport Terminal Program for fiscal
year 2025 in the amount of $10,000,000 for the Project. On January 14, 2025, the Board of County
Commissioners (BCC) approved Amendment No. 3 to the Construction Manager (CM)
at Risk Contract with Suffolk Construction Company, Inc. (R2025-0108) in the
amount of $114,884,560 for the Project, which is the final phase of the
Concourse B expansion project. A
transfer from the Airport’s Operating Fund in the amount of $10,000,000 was
approved by the BCC pending receipt of the Grant to ensure the timely
completion of the Project. The FAA has issued a Grant Offer (Assistance Listing
Number 20.106) for Grant Agreement Number 3-12-0085-079-2025, reflecting its
commitment of funding in the amount of $10,000,000 for the final phase of the
Project in accordance with the NOA. The
Grant requires a 20% local match in the amount of $2,500,000, which is
calculated based on $12,500,000 of allowable Project costs. Approval of this item provides for the transfer of $10,000,000 into the Airport’s
Operating Fund. FAA grants are required to be signed electronically by the County and
County Attorney’s Office on or before the expiration date of the grant
offer. Delegation of authority to the
County Administrator or designee will ensure the Grant is timely executed in
accordance with FAA requirements. This Grant contains the revised language
referenced in Item 6D-1 on this agenda, which is a companion to this item.
Approval of this item is contingent on the BCC’s approval of the Emergency
Ordinance as further explained on the companion item. Countywide (AH)
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JUNE 3, 2025
A. COMMISSION
DISTRICT APPOINTMENTS
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JUNE 3, 2025
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: the
updated Board Directive Reports which include in process and completed board
directive items. Summary:
At the February 6, 2018 Board of County Commissioners Meeting, direction was
given to the County Administrator to submit monthly a status report of the board
directives. The report categorizes: 1) In Process Items, and 2) Completed
Items. The report continues to be updated on an ongoing basis. Countywide
(DC)
B. COUNTY
ATTORNEY
JUNE 3, 2025
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER JOEL G. FLORES
Requesting off-site approval for Proclamation recognizing the 75th
Anniversary of the Start of the Korean War.
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER BOBBY POWELL JR.
Requesting off-site approval for Proclamation declaring June 18th
as Unified Members of the Palm Beaches Day.
Requesting off-site approval for Proclamation recognizing the 10th
Anniversary of New Leaders Council Palm Beach.
Requesting off-site approval for Proclamation declaring June 2025 as
Summer Reading Month.
JUNE 3, 2025
11. MATTERS BY THE PUBLIC – 2:00 P.M.
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JUNE 3, 2025
12. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
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