May 7, 2013 – 9:30 A.M.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MAY 7, 2013
PAGE ITEM
7 2C-12 ADD-ON: Proclamation declaring
May 2013 as “Mental Health Month” in Palm Beach County. (Sponsored by
Commissioner Burdick)
12 3C-3 DELETED: Staff
recommends motion to approve: A) an Agreement for acquisition of
right-of-way and utility easements with CA Miami 7788 OMT LLC (Developer); B) a Budget Amendment of $329,963 in
the Transportation Improvement Fund to recognize a contribution from the
Developer and appropriate it to the northbound right turn lane on Military
Trail at Miner Road. (Engineering)
(Further staff review)
37 4B-2 DELETED: Staff recommends motion to approve: A) First Amendment to Mortgage and
Security Agreement and Modification of Promissory Note with Marina Clinton Associates, Ltd. (MCA);…(DES)
(Further staff review)
44 8F ADD-ON: Request approval to present off-site (Belle Glade),
a Proclamation declaring May 6 – 10, 2013 as “National Correctional Officers
and Employees Week” in Palm Beach County. (Sponsored by Commissioner
Santamaria)
44 8G ADD-ON: Request approval to present off-site, a Proclamation
declaring May 11, 2013 as “Knights of Pythagoras Mentoring Network’s Ladies of
Distinction Day” in Palm Beach County. (Sponsored by Commissioner Taylor)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MAY 7, 2013
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 7
3. CONSENT
AGENDA (Pages 8 – 35)
4. REGULAR
AGENDA (Pages 36 - 40)
5. BOARD
APPOINTMENTS (Page 41)
6. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 42)
7. STAFF
COMMENTS (Page 43)
8. COMMISSIONER
COMMENTS (Page 44)
9. ADJOURNMENT (Page 44)
* * * * * * * * * * *
MAY 7, 2013
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 7
2C-1 Building Safety Month
2C-2 Emergency Medical Services Week
2C-3 Water Reuse Week
2C-4 Certificates
of Congratulations to students from Don Estridge High Tech Middle School
2C-5 Wendy’s Appreciation Month
2C-6 National Missing Children’s Day
2C-7 Workforce Development Professionals Month
2C-8 National Beach Safety and Rip Current
Awareness Week
2C-9 Certificate of Appreciation to Gregory Lutin
2C-10 Teen Pregnancy Prevention Month
2C-11 National Travel and Tourism Week
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Treasure
Coast Regional Planning Council appointments
3A-2 Payment
for Palm Beach Partners Business Matchmaker Conference & Expo
Page 9
3A-3 Small
Business Assistance Advisory Committee appointment
3A-4 Health
Facilities Authority reappointment
Page 10
3A-5 Health
Council of Southeast Florida, Inc. reappointment
3A-6 Contract with Palm Beach State College
(Small Business Development Center) for technical assistance and training to
small businesses
B. CLERK & COMPTROLLER
Page 11
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.
C. ENGINEERING & PUBLIC WORKS
Page 11
3C-1 Work Task Order with Civil Design, Inc. for
design plans and construction bid documents for El Paso Drive, Pancho Way and
Pinto Drive
3C-2 Five work orders to mill and resurface
several County roads
Page 12
3C-3 Agreement w/CA Miami 7788 OMT, LLC relating
to right turn lane on Military Trail associated with Franklin Academy
D. COUNTY ATTORNEY
Page 12
3D-1 Pal
Mar Water Control District Appointment of Commissioner Valeche
3D-2 Receive and file official transcript for CCRC
Pre-Development project Florida Bond Anticipation Notes
E. COMMUNITY SERVICES
Page 13
3E-1 Contract with The Jerome Golden Center for
Behavioral Health, Inc. for permanent housing beds for disabled, homeless
individuals
3E-2 Resolution providing signatory authority on
amendments to Ryan White provider agency contracts
MAY 7, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES (Cont’d)
Page 14
3E-3 Contracts
with eight agencies relating to Ryan White Part A HIV
Health Support Services funding
F. AIRPORTS
Page 15
3F-1 Other
Transaction Agreement with Transportation Security Administration for use of
security checkpoint and baggage makeup areas at PBIA
3F-2 Cargo
Building Lease Agreement with A+M Management Systems for lease of space at
1310-A North Perimeter Road
Page 16
3F-3 License Agreement with Sixt Rent A Car, LLC for overflow parking of vehicles at PBIA
3F-4 Amendment
No. 2 with CH2M Hill, Inc. for on-going professional planning and design
services relating to Airports Capital Improvement Program
Page 17
3F-5 Lease of certain real property to Workforce
Alliance, Inc. at PBIA
3F-6 Citizens Committee on Airport Noise
reappointment
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Notification of cumulative total of change
orders to Moss and Associates for Jail Expansion Program
3H-2 Amendment
No. 3 with three companies for property development evaluation services
Page 19
3H-3 Amendment No. 4 extending term of five annual
general contractors job order contracts
3H-4 Third
Amendment with Delray Medical Center, Inc. for use of County’s 800 MHz Radio
System
Page 20
3H-5 Interlocal
Agreement with City of Atlantis for use of County’s Public Radio System
I. ECONOMIC SUSTAINABILITY
Page 20
3I-1 Twenty-Four Short Sales on County held
mortgages
Page 21
3I-2 Amendment
No. 1 with Redlands Christian Migrant Association relative to child care
services to children of migrant farmworker families
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 21
3K-1 Receive
and file one Standard Potable Water and Wastewater Development Agreement
3K-2 Change Order No. 1 with Electron Corp of
South Florida for the Southern Region Water Reclamation Facility Phase II
Electrical Reliability improvements project
Page 22
3K-3 Partial
release of Utility Easement on land owned by Boca Raton Associates VI, LLLP
3K-4 Unit Price Contracts with Johnson-Davis,
Inc. and Centerline Utilities, Inc. for on-going pipeline construction
Page 23
3K-5 Interlocal Agreement with City of Greenacres
for installation of two water mains
3K-6 Resolution
revising Water Utilities’ Uniform Policies and Procedures Manual
MAY 7, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 24
3L-1 Receive
and file seven original documents for Environmental Resources Management
Page 25
3L-2 Joint
Partnership Agreement Amendment No. 2 with FDOT reducing size of the wetland
mitigation project within Snook Islands
3L-3 Resolutions requesting assistance through
FIND Waterway Assistance Program for three estuarine restoration projects
M. PARKS & RECREATION
Page 26
3M-1 Receive and file one Entertainment Contractor
Agreement
3M-2 Receive and file one Amphitheater Rental
Agreement
Page 27
3M-3 Ratify
signature on Waterways Assistance Program Grant Application to FIND regarding
acquisition of one acre within Bert Winters Park
Page 28
3M-4 Ratify signature on Waterways
Assistance Program Grant Application to FFWCC regarding construction costs
associated with Waterway Park boat launching facility
Page 29
3M-5 Ratify signature on Waterways
Assistance Program Grant Application to FIND regarding costs associated with
Waterway Park boat launching facility
Page 30
3M-6 Ratify
signature on Waterways Assistance Program Grant Application to FIND regarding
for planning, design and permitting relating to Ocean Inlet Park Marina
improvements
Page 31
3M-7 Ratify
signature on 2013 National Urban and Community Forestry Grant Program
Application for tree planning project at Haverhill Park
3M-8 Budget Transfer for Peanut Island decking
renovations project
Page 32
3M-9 Non-standard
Amphitheater Rental Agreement with Live Nation Worldwide for Imagine Dragons
concert
N. LIBRARY
- None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 32
3Q-1 Grant Adjustment Notice, Contract and
Interlocal Agreement relating to CIT training and recidivist recovery court
operations
3Q-2 Criminal
Justice Commission appointment
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 33
3S-1 Receive
and file three standard agreements for swimming lessons
3S-2 Receive and file one license agreement with
Town of Palm Beach for training at County Fire Rescue Regional Training Center
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
MAY 7, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 33
3X-1 Addition
of one grant funded Victim Services Licensed Therapist position
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. SHERIFF
Page 34
3BB-1 Grant Modification for Miami Urban Area
Security Initiative Investigative/Intelligence Equipment project
3BB-2 Grant Modification for Miami Urban Area
Security Initiative Regional 7 Perimeter Response Team Enhanced Capability
3BB-3 Grant Adjustment Notice extending FDLE grant for Region 7 Domestic
Security Task Force
Page 35
3BB-4 Budget Transfer from Law Enforcement Trust Fund
to various agencies for crime and drug prevention and education programs
REGULAR AGENDA
ADMINISTRATION
Page 36
4A-1 Escrow
Agreement relative to the Convention Center Hotel project
ECONOMIC
SUSTAINABILITY
Page 36
4B-1 Section 108 Loan Program Agreement with BI
Development Group for renovation of the old Belle Glade City Hall
Page 37
4B-2 Amendments/Agreement
relating to the Marina Bay Apartments affordable housing project
ENGINEERING & PUBLIC
WORKS
Page 37
4C-1 Municipal
Service Taxing Unit Special Assessment Ordinance
FACILITIES
DEVELOPMENT & OPERATIONS
Page 38
4D-1 Lease with Drop In Action Sports Complex,
Inc. for development and operation of a skate and BMX facility within Loggers’
Run Park
4D-2 Request for Proposals to construct and
operate an authentic Japanese Inn at the Morikami Museum and Japanese Gardens
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 39
4E-1 Resolution authorizing issuance of Taxable
Public Improvement Revenue Bonds for Convention Center Hotel project
MAY 7, 2013
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
WATER
UTILITIES
Page 40
4F-1 Resolution
supporting Phase I implementation of proposed C-51 Reservoir project
BOARD APPOINTMENTS (Page 41)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 42)
STAFF COMMENTS (Page 43)
COMMISSIONER
COMMENTS (Page 44)
ADJOURNMENT (Page 44)
MAY 7, 2013
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Proclamation
declaring May 2013 as “Building Safety Month” in Palm Beach County. (Sponsored
by Commissioner Valeche)
2. Proclamation
declaring May 19-25, 2013 as “Emergency Medical Services Week” in Palm Beach County.
(Sponsored by Commissioner Burdick)
3. Proclamation
declaring May 19-25, 2013 as “Water Reuse Week” in Palm Beach County.
(Sponsored by Commissioner Vana)
4. Certificate
of Congratulations in honor of the students from Don Estridge High Tech Middle
School who won the Lego League State Championship. (Sponsored by Commissioner
Abrams)
5. Proclamation
declaring May 2013 as “Wendy’s Appreciation Month” in Palm Beach County.
(Sponsored by Commissioner Berger)
6. Proclamation
declaring May 25, 2013 as “National Missing Children’s Day” in Palm Beach
County. (Sponsored by Commissioner Santamaria)
7. Proclamation
declaring May 2013 as “Workforce Development Professionals Month” in Palm Beach
County. (Sponsored by Commissioner Taylor)
8. Proclamation declaring June 2-9, 2013
as “National Beach Safety and Rip Current Awareness Week” in Palm Beach County.
(Sponsored by Commissioner Valeche)
9. Certificate of Appreciation presented
to Gregory Lutin who will be recognized as a 2013 Father of the Year by the
National Father’s Day Council and the American Diabetes Association. (Sponsored
by Commissioner Abrams)
10. Proclamation declaring May 2013 as “Teen
Pregnancy Prevention Month” in Palm Beach County. (Sponsored by Commissioner Santamaria)
11. Proclamation declaring May 4-12, 2013 as “National
Travel and Tourism Week” in Palm Beach County. (Sponsored by Commissioner Taylor)
12. ADD-ON:
Proclamation declaring May 2013 as “Mental Health Month” in Palm Beach County.
(Sponsored by Commissioner Burdick)
* * * * * * * * * * * *
MAY 7, 2013
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to ratify: the following Palm Beach County League of Cities (League)
representatives to the Treasure Coast Regional Planning Council (TCRPC) for the
term ending November 30, 2013:
Nominees Seat
No. Requirement
Regular appointments:
Anne Gerwig 4 Palm
Beach County Official
Ellen Andel 8 Palm
Beach County Official
Alternate appointments:
John Szerdi 4A Palm
Beach County Official
Vacant 8A Palm
Beach County Official
SUMMARY: In accordance with the TCRPC Rules of
Order, on November 20, 2012, the Board of County Commissioners (BCC) appointed
six Commissioners (three members and three alternates) to serve on the TCRPC.
In addition, as required by the TCRPC bylaws, the BCC ratified the League’s
representatives. Staff has been notified that the League has made changes in
the municipal representation following the March municipal elections.
Councilmember Anne Gerwig has moved from an alternate to replace Martha
Webster. Vice Mayor Pro Tem Ellen Andel has also been moved from an alternate
to replace Shelby Lowe. Commissioner John Szerdi was selected to fill the
alternate seat left by Councilmember Gerwig, and Seat 8A (alternate) is
currently vacant. These changes must now be ratified by the BCC. Countywide
(RPB)
2. Staff recommends
motion to approve: Payment in an amount not to exceed $3,000 for
participation in the Palm Beach Partners Business Matchmaker Conference &
Expo to be held on September 20, 2013 at the Kravis Center, West Palm Beach,
FL. SUMMARY:
The Office of Small Business
Assistance, Department of Airports and Palm Tran are participating with the
South Florida Water Management District, School District of Palm Beach County,
the City of West Palm Beach, the City of Riviera Beach, the Center for Technology,
Enterprise & Development, Inc. (TED Center) and the Paragon Foundation,
Inc., to present the 2013 Business Matchmaker Conference & Expo (a
statewide conference). This is the 7th Annual Matchmaker Conference & Expo
held in Palm Beach County. Each participating
entity will contribute $3,000 and the county’s contribution will be broken down
as follows: the Office of Small Business
Assistance ($1,000), Department of Airports ($1,000) and Palm Tran ($1,000).
Payment will be made on or before June 3, 2013 to the Paragon Foundation of
Palm Beach County. The conference and expo will provide Small Business
Enterprise owners an opportunity to collaborate with larger businesses in an
effort to increase business opportunities and knowledge of programs offered by
the above listed governmental partners. Countywide (TKF)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends motion to appoint: one individual to the Small Business Assistance Advisory Committee, for the term indicated below:
Nominee Seat Designation Term Nominated By
Samuel Roman 13 Hispanic Business 5/7/2013
– 5/6/2016 Commissioner Valeche
Organization in Construction Commissioner Burdick Commissioner
Vana
Commissioner Taylor
SUMMARY: The SBA Advisory Committee is established pursuant to Section 2.80.32, of the Palm Beach County Code as amended on March 12, 2013. The committee consists of fifteen members representing one black business owner certified as a small business by the County; one Hispanic business owner certified as a small business by the County; one woman business owner certified as a small business by the County; one white male business owner certified as a small business by the County; one business owner domiciled in Palm Beach County; one representative of a business incubator program; one representative of the Hispanic business organization; one representative of the National Association of Women in Construction; one representative of a Women’s Business Organization; one certified minority contractor; one representative of the Associated General Contractors of America; one representative of the Small Business Development Center; one representative of a financial institution that assists small businesses; one representative of the Black Chamber of Commerce; and one representative of a professional services organization. The SBA Advisory Committee supports the nominations and a memo was sent to the Board of County Commissioners on March 26, 2013 requesting approval of the recommendation for Seat 13. No other nominations were received. Countywide (TKF)
4. Staff recommends
motion to approve: reappointment of the following individual to the
Health Facilities Authority for the term May 7, 2013, to April 30, 2017:
Nominee Seat
No. Seat Requirement Term Expiration Nominated by:
Dr. Keysha L. Bryant 2 Resident of PBC 04/30/2017 Comm.
Valeche
Comm.
Burdick
Comm.
Taylor
SUMMARY: Per Chapter 154.207, Florida Statutes and Resolution Nos. R77-379, R77-398 and R92-563, the Health Facilities Authority is composed of five (5) members appointed at-large by the Board of County Commissioners (BCC). A memo dated April 10, 2013 was circulated to the BCC notifying the Board that Dr. Bryant’s term on the Authority expired April 30, 2013, and requesting support of Dr. Bryant’s reappointment or asking for additional nominations. No other nominations have been received. Countywide (TKF)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
5. Staff recommends motion to approve: reappointment of one individual to the Health Council of Southeast Florida, Inc. for a two year term commencing May 7, 2013:
Reappoint Seat No. Seat Requirement Nominated
By
Dr. Murray D. Sigman 7 Health Care Provider Comm. Valeche
Comm. Taylor
SUMMARY: The Health Council of Southeast Florida, Inc. (Council) is a
not-for-profit corporation established pursuant to Section 408.033, Florida
Statutes, for the purpose of providing and coordinating health planning
activities within Palm Beach, Martin, St. Lucie, Indian River and Okeechobee
Counties. The Council consists of twelve
members: six representatives for Palm Beach County; two members appointed by
Martin County; two members appointed by St. Lucie County; one member appointed
by Indian River County; and one member appointed by Okeechobee County. The
appointees must be representatives of health care providers, health care
purchasers, and non-governmental health care consumers, not to exclude elected
government officials. Dr. Sigman is a retired dentist with the Palm Beach
County Health Department and has served on the Council since 2008. He is eligible for reappointment and has
expressed a desire to continue to serve. A memo dated April 12, 2013 was
circulated to the Board of County Commissioners requesting support of Dr.
Sigman’s reappointment or requesting additional nominations. No additional
nominations where received. Countywide (TKF)
6. Staff recommends motion to approve: a Contract with Palm Beach State College Board of Trustees for the benefit of the Small Business Development Center (SBDC) in the amount of $94,000 to provide technical assistance and training to small businesses in Palm Beach County for the period of October 1, 2012, through September 30, 2013. SUMMARY: This Contract provides Palm Beach County’s Small Business Enterprise firms with technical assistance and training in the form of direct consulting services in the areas of finance, marketing, management, construction, human resources, business plans and international trade. In addition, SBDC provides local SBE’s with services that result in federal certifications, such as 8(a), HUBZone and Small Disadvantaged Business; identify federal contract opportunities for local small businesses; and assist local businesses in submitting bids to local, state, and federal agencies. The total amount of this proposed contract for FY 2013 is $94,000 and is being made retroactive to October 1, 2012. The delay of this contract being submitted for approval is due to minor contact language revisions by the SBDC and the SBDC’s not obtaining the appropriate signatures and returning the contract in a timely manner. To prevent a delay with a potential future contract, OSBA will begin contract renewal three months prior to the existing contract’s expiration date. An audit has been completed for contracted services in FY 2012 and resulted in satisfactory performance. The FY 2012 performance and FY 2013 contracted performance is listed below. Countywide (TKF)
|
Deliverables |
FY12 Contracted |
Achieved As of 9/30/12 |
FY13 Contracted |
|
SBDC |
|
|
|
1 |
Management &
Technical Assistance Clients |
550 |
673 |
550 |
2 |
Loans Approved |
$1,330,000 |
$1,170,000 |
$1,330,000 |
3 |
SBDC Seminars |
6 |
6 |
6 |
|
PTAC |
|
|
|
4 |
Management &Technical
Assistance Clients |
150 |
130 |
150 |
5 |
Procurement Approved |
$10,000,000 |
$7,500,647 |
$7,000,000 |
6 |
Government Procurement
Seminars |
18 |
19 |
18 |
7 |
Certification Training |
10 |
14 |
10 |
8 |
Review of RFP/Bid Process |
8 |
8 |
8 |
|
SBDC |
|
|
|
9 |
Quarterly Report and
Client Profile |
4 |
4 |
4 |
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Workshop March 26, 2013
Zoning March 28, 2013
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 November 2012. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: a Work Task Order to the Annual Agreement R2013-0413 in the amount of $152,783.61 with Civil Design, Inc., (CDI) for professional services for El Paso Drive, Pancho Way and Pinto Drive east of Blanchette Trail (Project). SUMMARY: Approval of this work task order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. CDI is a Palm Beach County company and is a certified Small Business Enterprise (SBE). The SBE goal for the Project is 15%. The SBE participation committed for this Project by CDI is 93%. District 6 (MRE)
2. Staff recommends motion to approve: five Work Orders to mill and resurface Palm Beach County (County) roads utilizing the County’s Annual Asphalt Milling and Resurfacing Contract R2013-0235 with Community Asphalt Corporation which includes: Work Order 2013052-02 in the amount of $595,000 for Clint Moore Road from Jog Road to Military Trail; Work Order 2013052-03 in the amount of $235,000 for Florida Mango Road from 10th Avenue North to Forest Hill Boulevard; Work Order 2013052-06 in the amount of $255,000 for Rogers Road from one mile west of Miami Canal (approximately one mile to west); Work Order 2013052-07 in the amount of $564,000 for Hatton Highway from south of Curves in Roadway (approximately 2.2 miles to the north); Work Order 2013052-08 in the amount of $572,000 for CR 880 from Brown Farms Road (approximately 2.25 miles to the west), (Improvements). SUMMARY: Approval of the five Work Orders will allow the contractual services necessary to construct all the Improvements. Three of these roads are funded through the ‘Glades Area Roads’ resurfacing account within the Five Year Road Program. Per County PPM CW-F-050, these Work Orders exceed the threshold relating to staff approvals of contracts, thus requiring Board of County Commissioners’ approval. Districts 3, 4 & 6 (MRE)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. DELETED: Staff
recommends motion to approve:
A) an Agreement for
acquisition of right-of-way and utility easements with CA Miami 7788 OMT LLC
(Developer); and
B) a
Budget Amendment of $329,963 in the Transportation Improvement Fund to
recognize a contribution from the Developer and appropriate it to the
northbound right turn lane on Military Trail at Miner Road.
SUMMARY: Approval of the agreement for acquisition will allow right-of-way and easements to be acquired for construction of a right turn lane on Military Trail associated with the conditions of approval R2012-1168, for the development of a charter school known as Franklin Academy, and approval of the budget amendment will recognize funds contributed by the Developer to fund the acquisition. District 3 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a continuing
proxy appointing Commissioner Hal R. Valeche as Palm Beach County’s
representative for purposes of voting at the June 6, 2013, landowners’ annual
meeting and any subsequent landowners’ meetings of the Pal Mar Water Control
District. SUMMARY: This proxy authorizes Commissioner Valeche to vote on
behalf of the County at the annual landowners’ meeting on June 6, 2013 and
thereafter until revoked. The number of acres now owned by Palm Beach County is
Two Hundred Thirty-three and seventy-three one hundredths (233.73). District 1 (JCM)
2. Staff recommends
motion to receive and file: the
official transcript for the closing of the $9,450,000 Palm Beach County,
Florida Bond Anticipation Notes, (CCRC Pre-Development Project), Series 2011
(the “Bonds”). SUMMARY: The official transcript for the Bonds has been
provided. This transcript should now be
received and filed in the Minutes Department. Countywide (PFK)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contract
for Provision of Financial Assistance with The Jerome Golden Center for
Behavioral Health, Inc. for the period May 23, 2013, through May 22, 2014, in
an amount not to exceed $387,148 for up to 38 permanent housing beds for
disabled, homeless individuals. Summary: The
Division has received funds from the U.S.
Department of Housing and Urban Development (HUD) Shelter Plus Care grant to provide rental assistance for permanent
housing beds. As a result, the Division
is contracting with The Jerome Golden Center for Behavioral Health, Inc. to
provide permanent housing beds for up to 38 homeless, disabled
individuals. Thomas McKissack of The
Jerome Golden Center for Behavioral Health, Inc., serves on the Palm Beach
County HIV Care Council advisory board. This
Board provides no regulation, oversight, management, or policy-setting
recommendations regarding the activities funded by this contract. Disclosure of this contractual relationship
at a duly noticed public meeting is being provided in accordance with the
provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. No
County funds are required. (Human Services) Countywide (TKF)
2. Staff recommends
motion to adopt: Resolution
authorizing the County Administrator, or his designee, signatory authority on
amendments to individual Ryan White provider agency contracts for not more than
ten percent of the contracted amount or $150,000, whichever is greater,
effective May 7, 2013. Summary: This
Resolution updates and replaces Resolution R2010-1074 which expired on February
28, 2013. The delegation of signatory
authority to the County Administrator or his designee on contract amendments
facilitates the spending of funds in a timely manner in compliance with a
federal mandate. This authority allows for reallocation of funding for not more
than ten percent (10%) of the contracted amount or $150,000, whichever is
greater of the individual agency contracts, based on the recommendations of the
Palm Beach County HIV CARE Council and Ryan White staff. Contract amendments signed by the County
Administrator, or his designee, are brought before the BCC as receive and file
documents in accordance with PPM CW-O-051. Ryan White funds are 100% Federal
with no County match required. There is
no fiscal impact associated with this item. (Ryan White) Countywide
(TKF)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to:
A) receive and file Notice of Grant Award
from the Department of Health and Human Services for the period March 1, 2013,
through February 28, 2014, in an amount not to exceed $3,554,902; and
B) approve eight Contracts for Provision of Ryan White
Part A HIV Health Support Services with listed provider agencies for the period
March 1, 2013, through February 28, 2014, totaling $6,119,816, for Ryan White Part A Treatment Extension Act of 2009 HIV Emergency Relief:
1. Compass, Inc. $
459,390
2. Comprehensive AIDS Program of
Palm Beach County, Inc $2,407,120
3. FoundCare, Inc. $ 615,308
4. Gratitude
House, Inc. $ 3,614
5. Health Care District of Palm
Beach County $ 528,345
6. Legal Aid Society of Palm
Beach County, Inc. $ 205,682
7. Palm Beach County Health
Department $1,432,634
8. Treasure Coast Health Council,
Inc. d/b/a $ 467,723
Health Council of SE FL
Total
$6,119,816
Summary: A Notice of Grant Award from the Department
of Health and Human Services Health Resources and Services Administration (HRSA)
was received on February 15, 2013, and conveys a partial award totaling
$3,554,902. The balance of the Federal
funding will be awarded at a later date.
These contracts are being funded at 75% based on the previous years’
grant award. The contracts will be
amended and the budget will be aligned once the final notice of award has been
received. These agencies are selected
and recommended for contracting through the Request for Proposal (RFP) process. These contracts cover services for HIV
affected clients which includes medical case management, medical care, pharmacy
oral health care, and substance abuse treatment. Employees Roz Collins of Gratitude House,
Inc., Kimberly Rommel-Enright and Vicki Tucci of Legal Aid Society of Palm
Beach County, Inc., Marsharee Chronicle and Lorenzo Lowe of Compass, Inc.,
Julie Graham of Treasure Coast Health Council, Inc., and Elaine Esplin of
Comprehensive AIDS Program of Palm Beach County, Inc. serve on a County
Advisory Board, the HIV CARE Council. Employee Mickale Linton of Legal Aid
Society of Palm Beach County, Inc. serves on a County Advisory Board, the Head
Start-Early Head Start Policy Council.
These Boards provide no regulation, oversight, management, or
policy-setting recommendations regarding the agency contracts listed above.
Disclosure of these contractual relationships at a duly noticed public meeting
is being provided in accordance with the provisions of Sect. 2-443, of the Palm
Beach County Code of Ethics. No County
funds are required. (Ryan White) Countywide
(TKF)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to:
A) approve
an Other Transaction Agreement (OTA) with the United States of America, acting
through the Transportation Security Administration (TSA), providing the use of
security checkpoint and baggage makeup areas at the Palm Beach International
Airport (PBIA) at no cost to the TSA and for the reimbursement of the County
for janitorial services in the amount of $6,000 per month and electrical costs
incurred by the County for the TSA’s equipment, commencing June 1, 2013 and
expiring May 31, 2014, and automatically renewing on an annual basis; and
B) authorize the County Administrator,
or his designee, the Director of the Department of Airports (Department), to
execute TSA Standard Form 1449, for Contract No. HSTS01-13-H-CKP127, as such
form may be modified by the TSA from time-to-time (SF 1449), on an annual basis
provided that any modified form is
substantively the same as the
form attached to this item in all material respects.
SUMMARY: Pursuant to the Aviation and Transportation
Security Act (ATSA) of 2001, the TSA is required to conduct screening of all
passengers, property and baggage. In
order to carry out its statutory mandate, the TSA requires use of security
checkpoint and baggage makeup areas at PBIA, and space for a TSA radio
transmitter. Although the County is not
permitted to charge the TSA for use of the security checkpoint and baggage
makeup areas under the ATSA, the OTA is necessary to formalize the obligations
of the TSA and County related to use of the areas by the TSA. The OTA also provides for the reimbursement
of the County for electrical costs and janitorial services performed by the
County’s janitorial contractor at the security checkpoint and baggage makeup
areas. The OTA will automatically renew each June 1 for as long as TSA provides
services at PBIA, or until the OTA is terminated. SF 1449 is required by the TSA for budgetary
purposes on an annual basis for the purpose of identifying the TSA’s funding
source for the OTA and is not intended to modify the obligations of the parties
under the OTA. The Department is requesting the Board to authorize the County Administrator
or his designee to execute SF 1449 on an annual basis as required by TSA,
provided that no material changes are made to the content of the form. Countywide (AH)
2. Staff recommends
motion to receive and file: Cargo Building Lease Agreement (Lease) with
A+M Management Systems, LLC d/b/a GSRX, LLC (GSRX) commencing April 1, 2013 and
expiring September 30, 2013, and automatically renewing on a year-to-year basis
thereafter, for the lease of 1,672 square feet of space at 1310-A North
Perimeter Road, and a license to use a 750 square feet paved asphalt storage
area at the Palm Beach International Airport (PBIA), for payment of rentals in
the amount of $7,268.50 for the initial term. SUMMARY: Delegation of authority for execution of the standard form
cargo building lease agreement was approved by the Board in R2010-1392. GSRX
provides general aeronautical services to US Airways and United/Continental
Airlines at PBIA. The Lease provides for
the use of approximately 1,672 square feet of space within the PBIA cargo
building 1300, and a license to use a 750 square feet paved asphalt storage
area, for aviation-related vehicle and equipment maintenance activities and for
office administration, associated with GSRX’s operations at PBIA. Countywide
(AH)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to receive and file: License Agreement with Sixt Rent A Car LLC
(Sixt) commencing March 12, 2013 and expiring April 11, 2013, renewing
automatically each month thereafter, provided no renewal shall extend beyond
January 11, 2014, for overflow parking of vehicles in connection with Sixt’s
rental car operation at the Palm Beach International Airport (PBIA), for
payment of a license fee in the amount of $500 per month. SUMMARY: Delegation of authority for execution of the standard
license agreement was approved by the Board in R2007-2070. This License Agreement provides for the use
of a 7,000 square foot portion of the parking area adjacent to PBIA Building
No. 1475 for use solely for the parking of vehicles in connection with Sixt’s
rental car operation at PBIA. Countywide (AH)
4. Staff recommends
motion to approve:
Amendment No. 2 to the General Consulting Agreement with CH2M Hill, Inc. for
Consulting/Professional Services in the amount of $2,769,807.47 for the
continued performance of professional planning and design services related to
the approved Palm Beach County Airports Capital Improvement Program. SUMMARY: The Consulting Agreement (R2011-1333) with
CH2M Hill, Inc. for general airport planning and design was approved on
September 13, 2011 in the amount of $1,521,708 in order to carry out the
approved Capital Improvement Programs for the County’s Airports. The agreement is for two years with two, one
year renewal options. Amendment No. 1
was approved for a net increase in the amount of $1,453,038.
Approval of Amendment No. 2 in
the amount of $2,769,807.47 will provide funds to complete the following tasks
and services: Task I Services –Palm
Beach International Airport (PBIA) North-South Taxilane Design and Bidding
Services; PBIA ADA Facility Compliance Assessment (Phase 1); PBIA Runway 14-32
Obstruction Survey; and PBIA 2012 and 2032 Noise Contours; Palm Beach County
Park Airport (LNA) Miscellaneous Pavement Rehabilitation and Reconstruction
Design, Bidding and Construction Administration Services; LNA Airport
Redevelopment - Phase 1 Planning, Programming, Design, Permitting and Bidding
Services; Palm Beach County Glades Airport (PHK) Automated Weather Observing
System (AWOS) Planning, Programming, Design, Bidding and Construction
Administration Services; Task III
Services – Miscellaneous Planning and Engineering Services; Miscellaneous Financial Consulting and
Capital Programming Services; and Miscellaneous Environmental Consulting
Services. CH2M Hill, Inc. is an
Englewood, Colorado based firm, however, the majority of the work to be
completed in this Agreement will be completed and/or managed through their Palm
Beach Gardens, Florida office in conjunction with several Palm Beach
County-based subconsultants and firms.
Certain tasks performed during the term of this Amendment may be
eligible for State and Federal grant participation. The Disadvantaged Business Enterprise (DBE)
goal for the agreement was established at 25.00%. The DBE participation for this Amendment is
32.35%. The total anticipated DBE
participation to date is 31.36%. Countywide
(JCM)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners
of Palm Beach County Florida, authorizing the lease of certain real property to
the Workforce Alliance, Inc., pursuant to Florida State Statute Section 125.38;
and providing for an effective date;
B) approve a Lease Agreement (Lease) with Workforce
Alliance, Inc., a Florida non-profit corporation, for lease of the building
located at 3400 Belvedere Road (Building 3400) and vehicular parking areas at
the Palm Beach International Airport, providing for an initial annual rental of
$335,483.60, and for renovations in an amount not to exceed $700,000 at
County’s cost, commencing on January 1, 2014, for an initial term of 10 years
with one five-year option to renew; and
C) approve a Budget Transfer of $700,000 in the Airports
Improvement and Development Fund from
Reserves to provide budget to fund the capital improvements at Building 3400.
SUMMARY: The Workforce Alliance provides job
placement, recruitment and training services and has offices in Boca Raton,
West Palm Beach and Belle Glade and desires to consolidate its operations in a
central location. The Lease provides for the lease of Building 3400, which
consists of approximately 28,921 square feet of building space; associated parking
areas adjacent to Building 3400; and an additional parking area to consist of
approximately 60 parking spaces to accommodate the employee and customer
parking needs of the Workforce Alliance.
The initial term of the Lease is 10 years with one five-year option to
renew. The initial annual rental is
$335,483.60. Building 3400 was formerly
leased by the Department of Juvenile Justice (DJJ), which made specialized
improvements to allow it to be utilized for the evaluation, processing and
treatment of juveniles. Building 3400
will require renovations in order to make it functionally usable for the
Workforce Alliance’s business operations, including replacement of flooring,
interior painting, removal of existing juvenile detention and treatment facilities,
removal and replacement of specialized door hardware and bathroom
renovations. This Lease provides that
the County will cause renovations to be made to Building 3400 in an amount not
to exceed $700,000, which are mutually agreed to by
the Department and Workforce Alliance. The County will also maintain
responsibility for the general maintenance and repair of Building 3400,
including the roof and HVAC system.
In addition to generating lease revenue in the long term, the Lease will
provide a funding source for necessary improvements and repairs to Building
3400. Countywide
(HJF)
6. Staff recommends motion to approve: the reappointment of the following individual to the Citizens Committee on Airport Noise (CCAN) for a term of three years:
Seat Name Action Organization
No. 11 Nancy
S. Pullum Reappointment Good
Neighbor Council
SUMMARY:
Per Resolution No. R2012-0435, the Citizens’ Committee on Airport Noise
consists of 11 seats of which 4 (Seat No. 8 through Seat No. 11) are
recommended for appointment by the organizations approved by the Board of
County Commissioners. The Good Neighbor Council submitted its recommendation
for representation by letter. Countywide (AH)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: notification of the cumulative total of
change orders to Moss and Associates (R2007-0031) for the Jail Expansion
Program having exceeded $500,000. SUMMARY: In accordance with PPM CW-F-050, when the
cumulative value of changes approved by the Lead Department exceeds $500,000,
the Department is required to notify the Board that it has exceeded this
reporting threshold, and the cumulative total is then reset. The approval of Change Order No. 203 in the
amount of $49,280, by the Department Director, caused the cumulative value of
changes for this project to exceed $500,000.
This item notifies the Board that the cumulative threshold has been
reached and the reporting threshold is reset. The original value of this
contract is $129 million. Excluding sales tax change orders, the net total
value of all change orders is $5.9 million or 4.6%. This cost was partially offset by the $1.1
million that was saved by implementation of the sales tax recovery program.
(Capital Improvements Division) Countywide/District 6 (JM)
2. Staff recommends
motion to approve: Amendment
No. 3 to the Contracts for property development evaluation services on a
continuing contract basis:
A) Cotleur & Hearing, Inc., (R2010-0807);
B) Gentile Glas Holloway O’Mahoney & Associates,
Inc., Landscape Architects, Planners, Environmental Consultants (R2010-0753);
and
C) Urban Design Kilday Studios (R2010-0805).
SUMMARY: Amendments
No. 3 extend the term of three contracts for professional consulting services
for property development evaluations for one year. The Board approved annual contracts on May
18, 2010. The original Contracts
provided for an initial two year term with two - one year renewal options. Amendment No. 3 will provide services during
the second and final renewal period. The
Small Business Enterprise (SBE) goal for these contracts is 15% participation. Due
to budget constraints, Cotleur & Hearing, Inc. and Gentile Glas Holloway
O’Mahoney & Associates, Inc. have been authorized $0 in task work orders,
and Urban Design Kilday Studios has $79,705 in task work orders with 100% SBE
participation. All three of these firms
are local SBEs. (Capital Improvements
Division) Countywide (JM)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve:
A) Amendment No. 4 increasing the term for one
additional year to: All-Site
Construction, Inc. (R2010-0751), F.H. Paschen, S.N. Nielsen & Associates,
LLC. (R2010-0752), H.A. Contracting Corporation (R2010-0804), and M.A.C.
Construction, Inc. (R2010-0776); and
B) Amendment No. 4 increasing the term for one
additional year and increasing the maximum cumulative capacity from $3M to $4M
to: Robling Architecture Construction, Inc. (R2010-0802).
SUMMARY: Amendments No. 4 extend the term of five Job Order Contracts (JOC) for one year. The contractors will continue to perform as
an annual general contractor for implementation of maintenance and capital
projects. Amendment No. 4 provides for
services during the third renewal period and continues the maximum cumulative
capacity of the work orders of $5,000,000 except Amendment No. 4 with Robling
which increases the maximum cumulative capacity from $3,000,000 to
$4,000,000. Pursuant to the terms and
conditions of the JOC Contract to account for escalation, the contractor’s
initial adjustment factors from May 18, 2010, will be modified by 1.0854%. The Small Business Enterprise (SBE) goal
established for this contract is 15% participation. The total cumulative SBE
participation to date is 51.3%.
·
All-Site
Construction, Inc. SBE/Local, 81.3% SBE participation to date;
·
F.H.
Paschen, S.N. Nielsen & Associates, LLC. Non SBE/Miami-Dade, 36.0% SBE participation
to date;
·
H.A.
Contracting Corporation (R2010-0804), Non SBE/Local, 33.0% SBE participation to
date;
·
M.A.C.
Construction, Inc. (R2010-0776), Central, Non SBE/Local, 44.1% SBE
participation to date;
·
Robling
Architecture Construction, Inc. SBE/Local, 62.2% SBE participation to date.
(Capital Improvements Division) Countywide (JM)
4. Staff recommends
motion to approve: a Third
Amendment to Agreement (R2004-0457) with Delray Medical Center, Inc. (Hospital)
to extend the term of the agreement for interoperable radio communications
through the countywide common talk groups of the County’s 800 MHz Radio System
to March 15, 2016. SUMMARY: The Agreement,
which provides the terms and conditions under which Hospital can program its
radios and utilize the countywide common talk groups for certain inter-agency
communications expired on March 15, 2013. The Agreement provided for three
renewal options, each for a period of three years. Both parties must approve the renewal option.
Hospital has approved a renewal to extend the term of the Agreement to March
15, 2016. The renewal now requires Board approval. The terms of the Agreement
are standard and have been offered to all municipalities and local branches of
State/Federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this
Agreement. Hospital is required to pay
all costs associated with the subscriber units and to comply with established
operating procedures for the System. The Agreement may be terminated by either
party, with or without cause. This Third
Amendment renews the term, updates the notice provisions, modifies the
provision on access and release of programming codes, and provides for disclosure
of County Code Section 2-421-2-440 establishing the Office of the Inspector
General. Other than the changes set
forth herein, all other terms remain the same. (ESS) Countywide (JM)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: an Interlocal Agreement (Agreement) with the City of
Atlantis (City) allowing for interoperable communications through the
countywide common groups of the County’s Public Safety Radio System. SUMMARY: This Interlocal Agreement
provides the conditions under which the City can program into its radios and
utilize the countywide common talk groups for certain types of inter-agency
communications. The County’s system will not be utilized for routine
operational communications by the City.
The terms of the Agreement are standard and offered to those
municipalities with 800 MHz trunked radio capabilities that have migrated to the
MPSCC Open Sky Radio System. There are
no charges associated with this Agreement.
The City is required to pay all costs associated with subscriber units,
to comply with the established operating procedures for the County’s Public
Safety Radio System and to provide County with City’s internal procedures in
regards to monitoring common talk groups within ten days of execution of the
Agreement. The Agreement terminates and
replaces the prior Agreement (R2004-1890) which was executed prior to the
City’s transition to the Open Sky Radio System.
The Agreement provides for an initial term of five years with three
renewal options, each for a period of five years. This Agreement may be terminated by either
party, with or without cause, upon ten days prior notice to the other party. (ESS) Countywide (JM)
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive and file: Twenty-four Short Sales on County held
mortgages approved from January 1, 2012, through December 31, 2012, by the
Department of Economic Sustainability (DES).
Summary: On
January 12, 2010, the Board of County Commissioners (BCC), in response to the
economic housing crisis, approved Short Sale Policy Guidelines for homeowners that have County mortgages and
that were seriously at risk of losing their homes to foreclosure. The County provides gap financing to eligible
first-time home buyers in the form of a forgivable second mortgage loan. The County’s investment is leveraged with
recognized banks and mortgage lenders whose financing was secured by a mortgage
with a first lien position. The short
sale strategy prevents the loss of the County’s entire investment that in the
event of a foreclosure would be lost, provides financial relief to distressed
homeowners, and decreases urban blight through the resale to an eligible
buyer. The Short Sale policies require
the first lender to repay the County a minimum of $3,000 or eight percent (8%)
of the remaining balance owed on the County’s second mortgage. DES
approved 24 short sales from January 1, 2012, through December 31, 2012. To date, 59 short sales have been approved
representing three percent (3%) of the total HOME Investment Partnership
Program (HOME) and the State Housing Initiatives Program (SHIP) mortgage
portfolio. The original mortgages were
funded in Fiscal Years 2002-2008, from the County’s annual allocation of HOME
and SHIP, and were awarded to 20 low and four moderate-income eligible households,
which are hereby being submitted to the BCC to receive and file. All short sales comply with the approved Guidelines.
(BHI) Countywide (TKF)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2012-1400) with
Redlands Christian Migrant Association, Inc. (RCMA) to decrease the number of
beneficiaries served and to increase the rate of reimbursement. Summary:
On October 2, 2012, the County entered into an Agreement (R2012-1400) with the
RCMA allocating $9,911 in Community Development Block Grant (CDBG) funds for
child care services to children of migrant farmworker families and other
low-income families living in the Glades area.
Under the Agreement, RCMA would provide child care services to 80
children on a daily basis and to 105 unduplicated children annually. RCMA requested $34,213 in CDBG funds to serve
these children; however, due to limited CDBG funding availability, they were
only awarded $9,911. At this lower level
of funding they may only provide the same level of service to 30 children on a
daily basis and to 105 unduplicated children annually. Accordingly, the amendment increases the rate
of reimbursement per child to a rate commensurate with the one provided in
Fiscal Year 2011-2012. These are Federal CDBG funds which require no
local match. (DES Contract Development) Countywide (TKF)
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: executed Agreement received during the
month of February 2013:
A) Standard Potable
Water and Wastewater Development Agreement with 6201 Plaza II, LLC, a Florida
limited liability company, No. 02-01135-000 (District 3).
Summary: In accordance with County PPM CW-0-051, all delegated
contracts/agreements/grants/ procurement items must be submitted by the
initiating Department as a receive and file agenda
item. The document have been fully
executed on behalf of the Board of County Commissioners (Board) by the County
Administrator/Director/Deputy Director of the Water Utilities Department in
accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now being
submitted to the Board to receive and file. District 3 (MJ)
2. Staff recommends
motion to approve: Change Order No. 1 to a Contract with Electron Corp of South Florida
(R2012-1894) for the Southern Region Water Reclamation Facility (SRWRF) Phase
II Electrical Reliability Improvements in the amount of $331,321 and a time
extension of 110 days to the contract. Summary: On
December 18, 2012, the Palm Beach County Board of County Commissioners (BCC)
approved a contract with Electron Corp of South Florida (R2012-1894) for the SRWRF Phase II Electrical
Reliability Improvements. Change Order No. 1 is to add the three bid alternate
items listed in the contract. These bid alternates will provide portable
generator termination boxes to be used during maintenance or failure of the
SRWRF electrical system. The change order prices were negotiated less than the
original bid alternate prices based on the current cost of copper and will
provide a $21,000 savings. Change Order No. 1 also provides for a 110 day time
increase for purchasing and installation of materials. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. This Change Order with Electron Corp of South
Florida provides for 100% SBE
participation overall. The cumulative SBE participation, including this change
order is 98.6% overall. Electron Corp of
South Florida is a Palm Beach County
company. (WUD Project No. 11-020) District
5 (JM)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve: a partial release of Utility Easement on land owned
by Boca Raton Associates VI, LLLP. Summary:
This document will release
the County’s interest in a portion of a utility easement recorded in the
Official Records of Palm Beach County in Book 25539, Page 1167. During
development of the new clubhouse facilities for Bridges PUD, located west of
Lyons Road and north of Clint Moore Road, it was determined that the existing
easement extends beyond County owned
facilities and it affects development plans for the clubhouse. The property
owner now requests release of the portion of the original easement. The Water
Utilities Department concurs with this request and, therefore, recommends the
partial release. There is no cost to the property owner nor
County for this partial release of easement. District 5 (MJ)
4. Staff
recommends motion to approve: a unit price contract with:
A) Johnson-Davis, Incorporated in a cumulative amount
not to exceed $8,339,350; and
B) Centerline Utilities,
Inc. in a cumulative amount not to exceed $8,521,496.03 for the
Water Utilities Department Pipeline Continuing Construction Contract 2013 to
install raw water mains, potable water mains, reclaimed water mains, wastewater
force mains, and water service lines over a 12 month term.
Summary: On February 20, 2013,
six bids were received for the Water Utilities Department Pipeline Continuing
Construction Contract 2013. Johnson-Davis, Incorporated and Centerline
Utilities, Inc. are the first and second lowest responsible and responsive
bidder, respectively. This contract
will be used to expedite utility special
assessment projects, utility improvement projects for the Belle Glade, Pahokee
and South Bay areas and other pipeline projects where timing is critical. Contract
award is for the base contract only, and the contract by itself does not
guarantee nor authorize Johnson-Davis,
Incorporated or Centerline Utilities, Inc. to perform any work. The bid dollar amounts of $8,339,350 for
Johnson-Davis Incorporated and $8,521,496.03 for Centerline Utilities, Inc.
shall only be used to establish the
unit prices for this contract. Work will be assigned during the 12 month contract period by formal work
authorizations drawn against this contract, with approvals pursuant to PPM
CW-F-050 and requirements for any Federally funded
projects. The unit prices contained in
this Contract will be used in determining the cost of work authorizations. It
is the intention of the Department to limit the total of the authorizations for
each firm to $6,500,000. Supplements to work
authorizations for changes that occur during construction will be subject to
the change order limits for construction contracts as established under PPM
CW-F-050 with each work authorization considered as an individual construction
contract. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance (R2002-0064) is 15% overall. This contract
with Johnson-Davis, Incorporated and
Centerline Utilities, Inc. provides for SBE participation of 20.96% and
16.56% overall, respectively. Johnson-Davis, Incorporated is a Palm Beach
County company. Centerline Utilities, Inc. is not a Palm Beach County company.
(WUD Project No. 13-020) Districts 1, 2, 3, 5, 6 & 7 (JM)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve: an Interlocal
Agreement with the City of Greenacres (City) in an amount up to $75,000 for
installation of two water mains in Greenacres. Summary: This
Interlocal Agreement provides the terms and conditions under which the County
will reimburse the City for all costs associated with construction of two water
mains along Swain Boulevard and Fleming
Avenue. The County has existing water mains on
Swain Boulevard, Fleming Avenue, and 10th Avenue North which should
be connected in order to improve fire flow and increase water pressure within
the area. As part of a City bid
for utility improvements, the City included an
alternate for the construction of a water main along Swain Boulevard connecting
to the County water main along 10th Avenue North. In a future
construction phase, scheduled for bid in FY ‘14, the City is including the
design and construction of a water main along Fleming Avenue. Adding the installation of the water main
sections to the City’s construction contracts is the least disruptive to the
traveling public and most economical method to complete these projects.
Ownership of the water mains will be conveyed
to the County following completion of construction. District 2 (MJ)
6. Staff
recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County,
Florida revising the Water Utilities Department's Uniform Policies and
Procedures Manual (UPAP). Summary: The UPAP is a codification of the
Department's fees, standards, legal documents, policies and procedures which
govern the provision of potable water, reclaimed water, and wastewater
services. The Department updates the
UPAP from time to time to ensure compliance with recently enacted laws and
ordinances, and to ensure that it continues to enable effective and efficient
delivery of utility services. This
proposed revision unifies the business rules of the Glades Utility Authority
(GUA) with the business rules of WUD and allows for the absorption of the GUA,
and also includes various other necessary revisions. A Summary of Proposed Changes to UPAP
is shown in Attachment 3 of the Agenda Item. The Water Utilities Advisory Board
reviewed and unanimously approved the changes to the UPAP at their February 22,
2013 meeting. (Finance and Administration) Countywide (MJ)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: seven original documents:
A) Sponsorship Agreement with Coastal Eco-Group, Inc. for Sponsorship of the
Lake Worth Lagoon Symposium on May 15, 2013;
B) Sponsorship Agreement with Taylor Engineering, Inc. for Sponsorship of
the Lake Worth Lagoon Symposium on May 15, 2013;
C) Sponsorship Agreement with CSA Ocean Sciences, Inc. for Sponsorship of
the Lake Worth Lagoon Symposium on May 15, 2013;
D) Sponsorship Agreement with Eastman Aggregate Enterprise, LLC for
Sponsorship of the Lake Worth Lagoon Symposium on May
16, 2013;
E) Project Agreement Amendment, Exhibit B – Cost Estimate Revision to
Project Agreement No. R2012-0576, Bryant Park Boat Ramp with the City of Lake
Worth deletes the Project Cost Estimate Exhibit A and substitutes it with a
revised Project Cost Estimate Exhibit A;
F) Project Agreement Amendment, Exhibit B – Cost Estimate Revision to
Project Agreement No. PB-11-153, Bryant Park Boat Ramp with the Florida Inland
Navigation District (FIND), deletes the Project Cost Estimate Exhibit A, and
substitutes it with a revised Project Cost Estimate Exhibit A; and
G) Modification 2 to Contract No. WHIP 2002 724209070ZM (R2008-0399) with
the U.S. Department of Agriculture (USDA) for the High Ridge Scrub Natural
Area, modifies the expiration date to one year after the final management
activity is completed or January 14, 2014.
SUMMARY: (A, B, C, D) On December 18, 2012 (R2012-1905),
the Board of County Commissioners approved a Resolution delegating authority to
the County Administrator and the Director of ERM to execute Sponsorship
Agreements for the provision of benefits to a sponsor when an event or program is hosted by the
Department Environmental Resources Management (ERM). On April 17, 2012
(R2012-0576), the Board of County Commissioners approved an Interlocal
Agreement with the City of Lake Worth to provide $255,000 of FIND funding to
the City as well as commit the City’s share of $370,000 as a match. Delegation
of authority to execute all documents in connection with this agreement was
approved on June 12, 2012 pursuant to PPM No. CW-O-051.
On April 17, 2012 (R2012-0575), the Board of County Commissioners approved
Project Agreement No. PB-11-153 with FIND for $255,000 to cover a portion of
the $625,000 project costs for the refurbishment and improvements of the Bryant
Park Boat Ramp Facility located with the city of Lake Worth. Delegation of
authority to execute all documents in connection with this agreement was
approved on April 27, 2012 pursuant to PPM No. CW-O-051.
On March 11, 2008 (R2008-0399), the Board of County Commissioners approved
Contract No. WHIP 2002 724809070ZM with the USDA for the High
Ridge Scrub Natural Area.
Delegation of authority to execute
all documents in connection with this agreement was approved on March 19, 2008
pursuant to PPM No. CW-O-051. Countywide &
District 3 (SF)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) approve Joint Partnership Agreement (R2009-0864)
Amendment No. 2 with the Florida Department of Transportation (FDOT) to reduce
the size of the wetland mitigation project and extend the agreement by one year
to June 30, 2014; and
B) adopt
a Resolution to authorize
entering into this Agreement Amendment as a requirement of FDOT.
SUMMARY: Agreement (R2009-0864) Amendment No. 2 will
reduce the size of the planned mitigation area to its original design which
includes 12 acres of wetlands within Snook Islands Phase II. In addition, one year will be added to the
completion date. There will be no fiscal
impact with the approval of this Amendment. District 3 (SF)
3. Staff recommends
motion to:
A) adopt a Resolution for Assistance through Florida Inland Navigation District (FIND)
Waterways Assistance Program authorizing submission of a grant application
requesting $600,000 to cover a portion (26%) of the $2,311,183 associated with
construction of the Grassy Flats Restoration Project;
B) adopt a Resolution for Assistance through FIND
Waterways Assistance Program authorizing submission of a grant application
requesting $280,725 to cover a portion (50%) of the $561,450 associated with
shoreline protection and the Juno Dunes Natural Area;
C) adopt a Resolution for Assistance through FIND
Waterways Assistance Program authorizing submission of a grant application
requesting $258,037 to cover a portion (50%) of the $516,075 associated with
construction of a shoreline protection project along the Highland Beach
Mangroves;
D) authorize the County Administrator, or his designee, to
sign the project agreements, all future time extensions, task assignments,
certifications, statements, and other forms associated with these agreements,
and necessary minor amendments that do not change the scope of work, terms or
conditions of these agreements; and
E) authorize
the Director of the
Department of Environmental Resources Management to serve as Liaison Agent with
FIND for these projects.
SUMMARY: The County will be submitting grant
proposals which will reimburse the County up to $1,138,762 for three estuarine
restoration projects. Specifically, the grant proposals would reimburse the
County for $600,000 (Grassy Flats Restoration Project); $280,725 (Juno Dunes
Natural Area Shoreline Protection Project); and $258,037 (Highland Beach
Mangroves Shoreline Protection Project).
If successful in receiving approval(s) for funding, the deadline for
spending the grant(s) will be September 2015 with the possibility of a one-year
extension. The County’s share of
$2,249,946 is anticipated from a combination of federal and state grants,
municipal partners, Pollution Recovery Trust, Vessel
Registration, and Manatee Protection funds to be determined depending on the
award amount. Awards are expected to
take place in FY14. The Department will
only accept awards for which it has adequate matching funds available. Districts
1, 2 & 4 (SF)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following
original executed Entertainment Contractor Agreement for a community event:
Frank Loverso, Whitestone Band concert; Canyon
Town Center Amphitheater, on March 16, 2013.
Summary: The Parks and Recreation Department produced a popular cultural event at
our Canyon Town Center Amphitheater. This
event was attended by an estimated 400 people and generated positive support
and goodwill for the County. A sponsorship with GL Homes offset the expenses of
this concert. In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a Receive and File agenda
item. The Entertainment Contractor Agreement has been fully executed on behalf
of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 2008-1109, amended by Resolution 2010‑0644,
and is now being submitted to the Board to receive and file. District 5 (AH)
2. Staff recommends
motion to receive and file: the following original executed Amphitheater Rental Agreement:
Jewish Community
Center of the Greater Palm Beaches, Inc., Community Hanukkah Candle Lighting
event, Canyon Town Center Amphitheater on December 9, 2012.
Summary: In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a Receive and File agenda
item. The Amphitheater Rental Agreement
has been fully executed on behalf of the Board of County Commissioners (Board)
by the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 2009-0335, amended by
Resolutions 2009‑1807 and 2012-1715, and is now being submitted to the
Board to receive and file. This event
helped to offer a balanced schedule of events which promote the quality of life
in the communities we serve. An estimated 600 persons attended the event
produced under this Amphitheater Rental Agreement. District 5 (AH)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to:
A) ratify the signature of the
Mayor on a Waterways Assistance Program
(WAP) Grant Application submitted to the Florida Inland Navigation
District (FIND) on March 27, 2013, requesting $250,000 to fund 25% of the
acquisition cost for the purchase of a one acre privately held outparcel within
Bert Winters Park;
B) adopt Resolution
for Assistance under the FIND WAP for grant funding for acquisition of a one
acre waterfront parcel located in Bert Winters Park in the amount of $250,000;
C) authorize the County Administrator or
his designee to execute the Grant Project Agreement, as well as task
assignments, certifications, standard forms, or amendments to the Agreement
that do not change the scope of work or terms and conditions of the Agreement,
if the grant is approved; and
D) authorize the
Director of the Parks and Recreation Department to serve as Liaison Agent with
FIND for this project.
Summary: On April 16, 2013 (5.B.2.), the Board
approved the purchase of the Marine Institute property from AMIkids, Inc., for
$1,000,000, and the property is scheduled to close on or before May 31, 2013. This
Grant Application requests up to $250,000 (25%) of the acquisition costs to
acquire the one acre waterfront outparcel of land located within Bert
Winters Park. The WAP grant provides for pre-agreement expenses with
reimbursement allowed up to 12 months after the closing date. Funding for the initial purchase of this
property will come from the 2004 $50 Million Waterfront Access and Preservation
General Obligation Bond Issue. FIND will only contribute 25% towards the cost
of land acquisitions. Due to grant-related items requiring timely
execution by the County, staff is requesting Board
approval for the County Administrator or designee to approve grant documents
and the Parks and Recreation Director to act as the Liaison Agent for this
project. If awarded, the grant agreement
requires the property to be used for a boating access facility within 7 years
of closing, and dedicated to public use for a minimum period of 25 years after
completion of construction. If the County fails to adhere to these
provisions, the District may require the applicant to refund the program
funding. District 1 (AH)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to:
A) ratify the signature of the
Mayor on a Florida Boating Improvement Program (FBIP) Grant Application
submitted to Florida Fish and Wildlife Conservation Commission (FFWCC) on March
28, 2013, requesting $400,000 to fund 10.7% of the construction costs
associated with the Waterway Park boat launching facility;
B) adopt Resolution
for assistance under the
Florida Boating Improvement Program for grant funding for the Waterway Park
project in the amount of $400,000;
C) authorize the County Administrator or
his designee to execute the funding Agreement, as well as task assignments,
certifications, standard forms, or amendments to the Agreement that do not
change the scope of work or terms and conditions of the Agreement, if the grant
is approved; and
D) authorize the
Director of the Parks and Recreation Department to serve as Liaison Agent with FFWCC for this project.
Summary: This Grant Application requests up to
$400,000 from the FFWCC FBIP to pay for 10.7% of the
estimated $3,747,336 in construction costs associated with the development of the Waterway Park boat launching
facility. On March 27, 2013, the County
also submitted a grant application to the Florida Inland Navigation District
(FIND) requesting $1,861,168 in Waterway Assistance Program (WAP) funding to
pay for a portion of the construction costs.
If the grants are awarded, the balance of the project will be funded
using money from the 2004 $50
Million Waterfront Access and Preservation General Obligation Bond Issue. Due
to grant related items requiring timely execution by the County, staff is
requesting Board approval for the County Administrator or designee to approve
grant documents and the Parks and Recreation Director to act as the Liaison
Agent for this project. The FFWCC grant
application includes $25,000 of Park and Recreation Department staff costs for
construction oversight. The $25,000 in staff costs figure was not included in
the cost estimate provided to FIND. District 1 (AH)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
5. Staff recommends
motion to:
A) ratify the signature of the
Mayor on a Waterways Assistance Program
(WAP) Grant Application submitted to Florida Inland Navigation District
(FIND) on March 27, 2013, requesting $1,861,168 to fund 50% of the construction
costs associated with the Waterway Park boat launching facility;
B) adopt Resolution
for Assistance under the FIND WAP for grant funding for the
Waterway Park project in the amount of
$1,861,168;
C) authorize the County Administrator or
his designee to execute the Grant Project Agreement, as well as task
assignments, certifications, standard forms, or amendments to the Agreement
that do not change the scope of work or terms and conditions of the Agreement,
if the grant is approved; and
D) authorize the
Director of the Parks and Recreation Department to serve as Liaison Agent with
FIND for this project.
Summary: This Grant Application requests up
to $1,861,168 from the FIND WAP
to pay for 50% of the estimated $3,722,336 in construction costs associated
with the development of the Waterway
Park boat launching facility. On March
28, 2013, the County also submitted
a grant application to the Florida Fish and Wildlife Conservation
Commission – Florida Boating Improvement Program requesting $400,000 grant to
help pay for construction. If the grants are awarded, the balance of the
project will be funded using money from the 2004 $50 Million Waterfront Access and Preservation General Obligation
Bond Issue. Due to grant related
items requiring timely execution by the County, staff is requesting Board
approval for the County Administrator or designee to approve grant documents
and the Parks and Recreation Director to act as the Liaison Agent for this
project. District 1 (AH)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
6. Staff recommends
motion to:
A) ratify the signature of the
Mayor on a Waterways Assistance Program
(WAP) Grant Application submitted to the Florida Inland Navigation
District (FIND) on March 27, 2013, requesting $75,000 to fund 50% of planning,
design and permitting for improvements to the Ocean Inlet Park Marina;
B) adopt Resolution
for Assistance under the FIND WAP for grant funding for planning, design and
permitting of Ocean Inlet Park in the amount of $75,000;
C) authorize the County Administrator or
his designee to execute the Grant Project Agreement, as well as task
assignments, certifications, standard forms, or amendments to the Agreement
that do not change the scope of work or terms and conditions of the Agreement,
if the grant is approved; and
D) authorize the
Director of the Parks and Recreation Department to serve as Liaison Agent with
FIND for this project.
Summary: The
total cost of the project identified in the FIND WAP Grant Application is
$150,000. This Grant Application
requests up to $75,000 (50%) for planning, design and permitting costs to
renovate and redevelop the Ocean Inlet Park Marina. If the grant is awarded, the County will provide a $75,000 (50%) match from
Florida Boating Improvement Program (FBIP) funding. Due to grant-related items requiring timely
execution by the County, staff is requesting Board
approval for the County Administrator or designee to approve grant documents
and the Parks and Recreation Director to act as the Liaison Agent for this
project, if this grant is approved by FIND. District 4 (AH)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
7. Staff recommends
motion to:
A) ratify
the signature of the Mayor on a 2013 National Urban and Community Forestry
Grant Program Grant Application requesting $9,953.24 for a tree planting
project at Haverhill Park;
B) adopt Resolution to enter into a Grant Memorandum of
Agreement with the State of Florida, Department of Agriculture and Consumer
Services, Division of Forestry, if the grant is approved;
C) authorize the County Administrator or
his designee to execute the funding Agreement, as well as task assignments,
certifications, standard forms, or amendments to the Agreement that do not
change the scope of work or terms and conditions of the Agreement, if the grant
is approved; and
D) authorize the
Director of the Parks and Recreation Department to serve as Liaison with the Florida Division of Forestry for this
project.
Summary: This Grant
Application requests $9,953.24 from the Florida Division of Forestry for a tree
planting project at Haverhill Park in order to create additional tree canopy in
the park and to enhance the park’s landscape buffer. The grant will be matched (50%) using trees
and mulch from the Parks and Recreation Department’s nursery valued at $9,992.51.
If awarded, the grant requires the County to enter into a Grant Memorandum of
Agreement that details project costs, required status reports, establishes
timelines, and reimbursement procedures. The County will also be required to
enter into a Grant Maintenance Memorandum of Agreement which requires the
County to maintain the plant material established as a part of the project for
a period of three years. The project and
related expenditures must be completed by January 31, 2015. Due to grant-related items requiring timely execution by the County, staff is requesting Board approval for the County
Administrator or designee to approve grant documents and the Parks and
Recreation Director to act as the Liaison Agent for this project. District 2 (AH)
8. Staff recommends
motion to approve: Budget
Transfer of $54,676 within the Park Improvement Fund from the Florida Boating
Improvement Program (FBIP) reserve to Peanut Island Decking Renovations
project. Summary: This Budget
Transfer is necessary to fully fund the renovation of the wood decking on the
boat dock and fishing pier. The total project cost is estimated at $204,255.
There is $149,579 currently available for this project; however, an additional
$54,676 is needed to fully fund the required repairs. Due to statutory limitations for the use of
FBIP funds, FBIP funding will only be used on the boat dock portion of this
project. District 1 (AH)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
9. Staff recommends
motion to approve: a non-standard Amphitheater Rental Agreement with Live Nation Worldwide,
Inc., for the presentation of an Imagine Dragons concert on May 10, 2013, at
Sunset Cove Amphitheater. SUMMARY: The Parks and Recreation Department (Department) utilizes a standard
Amphitheater Rental Agreement which is executed at the Department level. However, non-standard Amphitheater Rental
Agreements are sometimes required to satisfy the specific requirement terms of
a given renter. Promoter, Live Nation Worldwide, Inc. has requested
modifications to the approved standard Amphitheater Rental Agreement
language. The modifications clarify the
responsibilities and expectations of the County and Live Nation Worldwide,
Inc., for issues such as damages, personal injury, and indemnification. The non- standard agreement releases Live
Nation Worldwide, Inc., from liability to the extent such damage or injury is
caused by the County’s negligence or willful misconduct, or structural or
premise related defects at the amphitheater. District 5 (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) receive and file a Grant
Adjustment Notice from the U.S. Department of Justice to extend the term of the
Justice & Mental Health Collaboration Program Grant to March 31, 2013;
B) approve reinstating and extending the Contract (R2010-0923) with the Jerome
Golden Center for Behavioral Health, Inc. a not-for-profit agency, from September 30, 2012, to March 31, 2013; and
C) approve
reinstating
and extending the Interlocal
Agreement (R2010-0274) with the
University of South Florida from September 30, 2012, to March 31, 2013.
SUMMARY:
The expiration-date
extensions of the Grant, Contract and Interlocal Agreement are being requested
due to start-up delays and staff turnover with filling the Case Manager and
Crisis Intervention Team (CIT) Coordinator positions. The extensions will allow
for the completion and evaluation of the CIT Training and Recidivist Recovery
Court operations. Countywide (PGE)
2. Staff recommends
motion to approve: appointment of Marshall Manley to the Criminal Justice
Commission for the period May 7, 2013, through December 31, 2015:
Appoint Nominee
Seat No.
Term to Expire
Nominated By:
Mr.
Marshall Manley
27
12/31/15
Economic Council
SUMMARY: The Criminal Justice Commission is comprised of 33
members including elected officials and representatives from private and public
sectors. The twelve private sector members are nominated for three-year
terms by the Economic Council of Palm Beach County, Inc. and appointed by the
Board of County Commissioners. The Council has nominated Mr. Marshall
Manley for appointment effective May 7, 2013. Countywide (PGE)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: three original standard agreements for the Fire Rescue Department:
A) Independent Contractor Agreement for
Swimming Lessons with the Young Men’s Christian Association of South Palm Beach
County, Inc.; and
B) Independent Contractor Agreement for
Swimming Lessons with the Young Men’s Christian Association of the Palm
Beaches, Inc.; and
C) Interlocal Agreement for Swimming Lessons with the Village of Wellington.
SUMMARY: On
September 27, 2005, the Board adopted Resolution Number R2005-1906 authorizing
the County Administrator, or his designee (the Fire Rescue Administrator) to
execute standard agreements with municipalities and independent contractors to
provide swimming lessons to members of the public through the Palm Beach County
Drowning Prevention Coalition’s Learn to Swim Program. Pursuant to Countywide PPM CW-O-051, three
standard County agreements that have been executed by the County Administrator,
or his designee (the Fire Rescue Administrator) are being submitted as a receive and file agenda item for the Clerk’s Office to
note and receive. Countywide (PK)
2. Staff recommends
motion to receive and file: one fully executed license agreement with
the Town of Palm Beach, for training at the Palm Beach County Fire Rescue
Regional Training Center, for the period April 8, 2013, through April 7, 2014. SUMMARY:
On December 6, 2011, the Board adopted Resolution No. R2011-1962,
which authorized the County Administrator, or his designee (Fire Rescue
Administrator) to execute a one year standard license agreement with outside
fire rescue/public safety agencies and other authorized entities, providing
them with access to the Regional Training Center to conduct training activities
and events for public safety personnel.
The Licensee is responsible for the payment of applicable user
fees. Pursuant to Countywide PPM
CW-O-051, one license agreement fully executed by the Fire Rescue Administrator
and the Town Manager for the Town of Palm Beach, is being submitted as a
receive and file agenda item for the Clerk’s Office to note and receive. Countywide
(SB)
X. PUBLIC SAFETY
1. Staff recommends
motion to approve: the addition
of one grant funded Victim Services Licensed Therapist position (Pay Grade 32)
on a part-time (30-hour) basis to the Victim Services complement. SUMMARY: On November 29, 2012, the County entered
into an Agreement (R2012-1732) with the State of Florida, Department of Health
(COHB6) to receive $120,000 for individual and group therapy services for
primary sexual assault victims over the age of 12 in Palm Beach County for the
period of October 1, 2012, through September 30, 2015. The part-time Victim Services Therapist
position will be 100% funded by the grant.
This position is expected to end when the grant expires on September 30,
2015 and removed from our complement upon expiration, unless the grant is
renewed. This position will provide
mental health therapy services to primary sexual assault victims 12 and older. The therapist assists victims with the reduction
of social, emotional, and behavioral symptoms related to their sexual assault
trauma experience and promotes healing. No County matching funds are required for
this grant. Countywide (PGE)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to receive and file: a Grant Modification, dated March 12, 2013,
to extend the agreement period for the Miami Urban Area Security Initiative
(UASI) Investigative/Intelligence Equipment Project from February 28, 2013,
through March 31, 2013. SUMMARY: On March 12, 2013, the Board of County
Commissioners accepted our agreement with Miami-Dade County, as the fiscal
agent for the Miami Urban Area Security Initiative grant, to provide $200,000
in reimbursable funding for the Investigative/Intelligence Equipment
Project. The original expiration period
was through February 28, 2013 (R2013-0315).
This agenda item will extend the agreement period from February 28, 2013,
through March 31, 2013. This
agreement provides a means of funding various domestic security activities
within the County and region using federal Urban Area Security Initiative
(UASI) funds through the City of Miami as the Miami UASI’s fiscal agent. These
funds will be used to purchase Investigative/Intelligence Equipment for Region
7. There is no match requirement
associated with this award. No
additional positions are needed and no additional County funds are required. Countywide (PGE)
2. Staff recommends
motion to receive and file: a Grant Modification, dated March 12, 2013, to
extend the agreement period for the Miami Urban Area Security Initiative (UASI)
Regional 7 Perimeter Response Team Enhanced Capability from February 28, 2013,
through March 31, 2013. SUMMARY: On January 15, 2013, the Board of County
Commissioners accepted our agreement with Miami-Dade County, as the fiscal
agent for the Miami Urban Area Security Initiative grant, to provide $189,000
in reimbursable funding for the Regional 7 Perimeter Response Team Enhanced
Capability. The original expiration period was through February 28, 2013
(R2013-0088). This agenda item will
extend the agreement period from February 28, 2013, through March 31, 2013. This agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miami as the
Miami UASI’s fiscal agent. These funds will be used to enhance the capabilities
of the Region 7 Perimeter Response Teams by purchasing field force equipment
which will provide protection for officer’s deployed during civil unrest
incidents. There is no match
requirement associated with this award. No additional positions are needed and no additional County funds are
required. Countywide (PGE)
3. Staff recommends
motion to receive and file: a
Grant Adjustment Notice amending the Florida Department of Law
Enforcement grant to extend the grant period from April 30, 2013, through June
30, 2013. SUMMARY: The Board of County Commissioners (BCC)
accepted this grant for $199,988 on October 16, 2012; with a grant period of
June 1, 2012, through April 30, 2013 (R2012-1584). On January 15, 2013, the BCC
accepted a grant modification providing additional funding of $32,500
(R2013-0087). This agenda item will extend the grant period from April 30, 2013,
through June 30, 2013. These funds and related equipment, which have been
approved by FDLE for purchase, will be used to enhance the security of regional
critical assets identified by the Region 7 Domestic Security Task Force,
including the Palm Beach International Airport. There is no match requirement
associated with this award. No
additional positions are needed and no additional County funds are required. Countywide (PGE)
MAY 7, 2013
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
4. Staff recommends
motion to approve: a Budget Transfer of $267,612 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055(5) provides
that the seizing agency shall use Forfeiture proceeds for school resource
officer, crime prevention, safe neighborhood, drug abuse education and
prevention programs, or for other law enforcement purposes, which include
defraying the cost of protracted or complex investigations, providing
additional equipment or expertise, purchasing automated external
defibrillators, and providing matching grant funds. F.S. 932.7055(5) also
requires that no less than 15% of the LETF’s previous year’s revenues be used
for the support or operation of drug treatment, drug abuse education, drug
prevention, crime prevention, safe neighborhood and school resource officer
programs of various non-profit organizations. The PBSO’s FY 2013 estimated
donation requirement is $59,110. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime
throughout the communities it serves and its desire to put money back into
these communities to support organizations that provide such services. The year-to-date transfer for all donations to
outside organizations after approval of this item is $964,739. The funds are requested here are to aid PBSO
and qualified organizations that meet the requirements set forth in F.S.
932.7055. Use of LETF requires approval by the Board, upon request of the
Sheriff. The current State LETF balance
is $1,814,350. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $1,546,738. The PBSO certifies that the use of
these funds is in accordance with F.S. 932.7055. Below is a table indicating
the organizations the PBSO seeks to fund and the corresponding amount of
funding proposed per respective organization or agency. No new positions are needed and no additional
County funds are required. Countywide (PGE)
ORGANIZATION |
AMOUNT |
2-1-1 Palm Beach Treasure Coast, Inc. |
$30,000 |
Alzheimer's Community Care, Inc. |
$10,000 |
Big Dog Ranch Rescue, Inc. |
$25,000 |
Boys & Girls Club of PBC, Inc. - Belle Glade |
$25,412 |
Crime Stoppers of Palm Beach County, Inc. |
$35,000 |
Florida Crime Prevention Association |
$7,000 |
Homesafe, Inc. |
$10,000 |
Leadership Palm Beach County, Inc. |
$20,000 |
The National Center for Missing & Exploited Children |
$15,000 |
Palm Beach County Sheriff's Foundation |
$30,000 |
Palm Beach Recovery Coalition, Inc. |
$25,200 |
Palms West Community Foundation – ReggaeFest 2013 |
$5,000 |
Palms West Community Foundation – SalsaFest 2013 |
$5,000 |
West Palm Beach Library Foundation |
$25,000 |
|
|
Total
Amount |
$267,612 |
* * * * * * * * * * * *
MAY 7, 2013
A. ADMINISTRATION
1. Staff recommends
motion to:
A) approve an Escrow
Agreement between Palm Beach County, Sharon R. Bock Clerk & Comptroller of
Palm Beach County (Clerk), The Related Companies, L.P. and CityPlace Hotel,
LLC; and
B) authorize the deposit of $27 million of the proceeds
of the bonds issued relating to the Project in the escrow account no earlier
than October 1, 2013, and not later than November 15, 2013.
Summary: On October 30, 2012, the Board of County Commissioners approved the
necessary agreements to facilitate the construction and operation of the
Convention Center Hotel. The approved Development Agreement (R2013-0103)
requires the County to deposit $27 million, the County’s contribution to the
project, into an escrow account held by the Clerk. These funds will be utilized to reimburse the
developer for the design, construction, equipping and furnishing of the hotel
in accordance with the terms established in the Agreement. Disbursements shall
not be made until the developer’s equity of $20 million has been expended. Countywide
(HF) (JM)
B. ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to:
A) conceptually approve a Section 108 Loan Program Agreement with BI
Development Group, LLC, (Company) in the amount of $1,028,000 contingent upon
the approval of the U.S. Department of Housing and Urban Development (HUD); and
B) approve an exception to the Palm Beach County Section
108 Loan Program Criteria for BI Development Group, LLC, to waive the maximum
loan amount of $1,000,000.
Summary: The company has acquired the old Belle Glade
City Hall which is a historic land mark registered with the U.S. Department of
the Interior and the Florida Division of Historical Resources. The building is
situated in the Avenue A Revitalization Corridor in
Belle Glade, which was designated by the Board of County Commissioners for a
dedicated portion of the Section 108 loan pool to encourage business
development in this economically distressed area of the County. The $1,028,000 Section 108 Loan will be
leveraged by a County Energy Efficiency Conservation Loan (Energy Loan) in the
amount of $99,000, a Brownfield Economic Development Incentive (BEDI) grant in
the amount of $514,000, and owner equity in the amount of $929,000 for a total
project value of $2,570,000. The company
plans to renovate the historic site to create a mixed-use development
consisting of five residential units on the second floor and a
retail/restaurant space on the ground floor.
The project is anticipated to create 32 full-time jobs and 137
construction jobs. The Department estimates
that the project will have a $19 million return on our economic investment over
a five year period. These are Federal funds which require no local match.
(B&HI) District 6 (DW)
MAY 7, 2013
4. REGULAR
AGENDA
B. ECONOMIC SUSTAINABILITY (Cont’d)
2. DELETED: Staff recommends motion to
approve:
A) First Amendment to Mortgage and Security
Agreement and Modification of Promissory Note with Marina Clinton Associates, Ltd. (MCA);
B) First Amendment to Mortgage and Security
Agreement and Modification of Promissory Note with MCA; and
C) Subordination Agreement with MCA and Lancaster Pollard Mortgage Company.
Summary: On November 21, 2000, the County entered into a Loan Agreement (R2000-1932) with MCA which provided $291,950
in State Housing Initiative Partnership (SHIP) funds to assist in the
construction of Marina Bay Apartments, a 192 unit elderly multifamily
affordable housing project in unincorporated Lantana. The County secured this three percent (3%)
cash flow dependent loan with a second mortgage which matures on April 30,
2030. On July 12, 2005, the County
entered into a Loan Agreement (R2005-1345)
with MCA which provided $50,000 in SHIP funds for hurricane repairs at Marina
Bay Apartments. The County secured this
one percent (1%) cash flow dependent loan with a third mortgage which matures
on April 30, 2021. MCA desires to
refinance their first mortgage with a new first mortgage which matures on June
1, 2048. Accordingly, MCA is requesting
that the County extend both of its mortgages to June 1, 2048, and execute the
Subordination Agreement. The County will receive $113,099 in back interest
payments as well as $55,688 to monitor the project as required by the State for
the additional 18 year extension period that commences in 2030. (DES Contract
Development) District 3 (TKF)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve on preliminary reading and advertisement for Public Hearing
on Tuesday, June 18, 2013 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Palm Beach County Code Chapter 26, Article II, Division 1,
known as the Municipal Service Taxing Unit (MSTU) Special Assessment Ordinance;
amending Section 26-24, Special Assessments; amending Section 26-30.15, savings
clause; providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the code of laws and ordinances; providing for captions;
providing for effective date. SUMMARY: The proposed amendment will amend Chapter 26, Article II, Division 1, known
as the Municipal Service Taxing Unit (MSTU) Special Assessment Ordinance to allow for assessments and collections at
a percentage of up to 100% of the total cost of the improvements for all
projects. This will allow the Board of County Commissioners the latitude to
address unusual situations as they arise without future ordinance changes. Countywide (MRE)
MAY 7, 2013
4. REGULAR
AGENDA
D. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A) adopt a Resolution approving a 10-year lease with
Drop In Action Sports Complex, Inc., a Florida not-for-profit corporation
(DIASC), for development and operation of a skate and BMX facility on 1.75
acres within Loggers’ Run Park; and
B) approve a Lease
Agreement with DIASC.
SUMMARY: DIASC is proposing to construct a skate and
BMX facility utilizing the existing covered roller hockey rink and adjoining
area within Loggers’ Run Park. The park,
located on the north side of Palmetto Park Road west of US 441, is a District
level park that serves residents of western Boca Raton. DIASC will bear all costs for construction,
operation and maintenance of the facility with revenue from user fees, lessons,
foundation grants, fundraisers, and a pro shop.
The Parks and Recreation Department is unable to pursue any additional
skate parks due to the high staffing and operational costs associated with this
type of facility. Leasing the park’s existing hockey rink area to a
not-for-profit corporation to operate a skate/BMX facility will allow for the
immediate development of such a facility.
DIASC’s proposed improvements include a covered skate rink; pro skate
and BMX courses; outside novice skate and BMX courses; a pro shop/entrance
booth; and a vehicular drop off area.
DIASC will operate and maintain its improvements within the lease area
at its expense, while the County will remain responsible for maintenance and
repair of the existing covered shelter, sports lighting and the remainder of
the park, including parking lots and restrooms that serve the skate/BMX
facility. The proposed location within Loggers’ Run Park is compatible with the
existing and proposed site uses, and should have little fiscal impact on the
operation of the remainder of the park.
The term of this lease is for 10 years with one option to extend for a
period of 5 years. Rent will be $10 per
year. (PREM) District 5 (HJF)
2. Staff recommends
motion to authorize: staff to prepare and issue a Request for Proposals
(RFP) to construct and operate a culturally authentic Japanese Inn (Ryokan) at
the Morikami Museum and Japanese Gardens. SUMMARY: Recently
the Parks and Recreation Department was contacted by a not-for-profit
children focused charity, Medical Missions for Children (“MMC”), expressing
interest in leasing 14 acres in Morikami Park to construct and operate a
five-star Japanese Inn and Spa. Morikami
Park encompasses 170 acres west of Jog Road in southern Palm Beach County and
first opened in 1977. In 1993, a new
Museum opened as the only museum in the United States dedicated exclusively to
Japanese culture. Over the past 35
years, various master plans for the Morikami Park, Museum and Gardens have been
produced with future elements that include additional lakes, gardens, exhibits,
artisan village, and a Japanese Inn.
MMC’s concept is to develop a five star Ryokan and Spa in proximity to
and with connectivity to the Museum and Gardens. The intent behind issuing an
RFP is to determine if there are other groups interested in development of a
Ryokan and to obtain further information regarding development concepts. That
information will be utilized to analyze feasibility, consistency with the
Morikami Master Plan and consistency with land use and zoning requirements.
Assuming the development concepts are found consistent with the Master Plan and
reasonable to obtain land use and development approvals, the proposals would
then be utilized to select a developer with whom to negotiate. The lease of up
to 14 acres within Morikami Park for a Ryokan has the support of the Morikami,
Inc. Board of Trustees. (PREM) District 5 (HJF)
MAY 7, 2013
4. REGULAR
AGENDA
E. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution
authorizing the issuance of not exceeding $31,000,000 in original aggregate
principal amount of its Taxable Public Improvement Revenue Bonds (Convention
Center Hotel Project), Series 2013 for the purpose of facilitating the
development of a convention center hotel to be located on a site owned by the
County adjacent to the County Convention Center, including by funding certain
obligations of the County pursuant to certain convention center hotel
agreements, including lease and development agreements between the County and
the Developer of the Convention Center Hotel, as more fully described herein,
and paying certain costs related and incidental thereto; providing for the
terms and payment of such Series 2013 bonds; providing for the rights, security
and remedies of the holders thereof; making certain covenants and agreements in
connection therewith; authorizing the registration of the Series 2013 bonds
under a book-entry system; delegating authority to proper officials of the
County, in consultation with the County’s financial advisor, to determine
whether to obtain a Series 2013 bond insurance policy and/or to fund the debt
service reserve fund for the Series 2013 bonds, and if so funded, whether to
obtain a reserve account credit facility in satisfaction of all or a part of
the debt service requirement; authorizing the execution and delivery of one or
more insurance agreements in connection with any bond insurance policy and/or
reserve account credit facility and the payment of the related premiums;
approving a form of a preliminary official statement and authorizing the
preparation and execution and delivery of a final official statement;
authorizing the proper officials of the County to execute and deliver a
certificate deeming the preliminary official statement “final” for purposes of
Securities and Exchange Commission Rule 15c2-12; providing for certain
continuing disclosure undertakings pursuant to such rule; approving forms of an
official notice of sale and summary notice of sale; authorizing the public sale
of the Series 2013 bonds and the use of the preliminary official statement,
official notice of sale and summary notice of sale in connection therewith;
delegating authority to proper officials of the County, in consultation with
the County’s financial advisor, to accept, pursuant to a competitive public
sale process, the bid or bids of the lowest qualified bidder or bidders for the
purchase of the Series 2013 bonds, subject to certain parameters and other
matters set forth in this resolution; appointing an initial paying agent and
registrar for the Series 2013 bonds; authorizing the proper officials of the
County to do all other things deemed necessary or advisable in connection with
the issuance of the Series 2013 bonds; providing for certain other matters in
connection therewith; and providing for an effective date. SUMMARY: The County has approved a $27
million subsidy for the development of a 400 room Hilton Convention Center
Hotel to The Related Companies, L.P., which will be held in escrow by the Palm
Beach Clerk of Court and disbursed in accordance with the terms established in
the agreement. According to the agreement, the funds must be deposited no
earlier than October 1, 2013 and not later than November 15, 2013. The bonds are being authorized at a not to
exceed amount of $31 million to include the subsidy, cost of issuance, a debt
service reserve account (if needed),
expenses incurred to date for consultants and legal consultants, and for
expenses for the management of the project. On April 12, 2013, the County
Financing Committee met and upon the recommendation of the County’s Financial
Advisor, recommended that the bonds will be sold as a taxable issue through a
competitive sale. Countywide (PFK)
MAY 7, 2013
4. REGULAR
AGENDA
F. WATER UTILITIES
1. Staff
recommends motion to adopt: a Resolution by the Board of County
Commissioners of Palm Beach County, Florida, supporting Phase I implementation
of the proposed C-51 Reservoir Project. Summary: In October 2011, the Palm Beach County Board
of County Commissioners (BCC) approved a Memorandum of Understanding
(R2011-1670) directing staff to support on-going planning efforts associated
with the C-51 Reservoir. In April 2013,
the BCC gave staff direction to continue to participate in the planning aspect
of the project with interested parties.
Significant planning, modeling and analysis has
demonstrated that water from the C-51 Reservoir is available as a future water
supply source and to protect the Lake Worth Lagoon from harmful
discharges. On January 18, 2013, a joint
meeting of the Broward and Palm Beach County Water Resources Task Forces voted
to support the project and recommended that interested parties approve a Resolution
supporting further advancement of the project.
The project will be implemented in three phases to reduce costs to
encourage implementation and use of the Reservoir by entities which currently
need the water. Staff recommends
approval of the Resolution, which does not bind the County to any future costs
or course of action, but which expresses support for implementation of Phase I
of the project. Palm Beach County Water
Utilities Department does not need water from Phase I, but would like to continue
to participate in the development of the project. Countywide (MJ)
* * * * * * * * * * * *
MAY 7, 2013
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MAY 7, 2013
6. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MAY 7, 2013
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MAY 7, 2013
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS, MAYOR
Water Vehicle for Hire Registry
E. District
5 - COMMISSIONER MARY LOU BERGER
F. District 6 - COMMISSIONER JESS R.
SANTAMARIA
ADD-ON: Request approval to present off-site (Belle
Glade), a Proclamation declaring May 6 – 10, 2013 as “National Correctional
Officers and Employees Week” in Palm Beach County.
G. District 7 - COMMISSIONER PRISCILLA A.
TAYLOR, VICE MAYOR
Request approval to present off-site, a Proclamation declaring May 6 –
10, 2013 as “National Correctional Officers and Employees Week” in Palm Beach
County.
ADD-ON: Request approval to present off-site, a
Proclamation declaring May 11, 2013 as “Knights of Pythagoras Mentoring
Network’s Ladies of Distinction Day” in Palm Beach County.
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."