BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
OCTOBER 1, 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 - 37)
4. PUBLIC HEARING – 9:30 A.M. (Page 38)
5. REGULAR
AGENDA (Pages 39 - 44)
6. BOARD
APPOINTMENTS (Page 45)
7. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 46)
8. STAFF
COMMENTS (Page 47)
9. COMMISSIONER
COMMENTS (Page 48)
10. ADJOURNMENT (Page 48)
* * * * * * * * * * *
OCTOBER 1, 2013
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 7
2C-1 National Childhood Nutrition Day
2C-2 Oktoberfest 2013
2C-3 Fetal Infant Mortality Review Month
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 First
Amendment with Town of Glen Ridge relating to Inspector General funding
3A-2 Small
Business Assistance Advisory Committee appointment/reappointments
Page 9
3A-3 Amendments
to five consulting/professional services contracts for state lobbying services
3A-4 Golf Tournament Agreement with Trump
International Golf Club, LC and Peggy Adams Animal Rescue League of the Palm
Beaches for one day charitable golf tournament
3A-5 Golf Tournament Agreement with Trump
International Golf Club, LC and Cystic Fibrosis Foundation for one day
charitable golf tournament
Page 10
3A-6 Resolution amending budgetary policy and
expenditure controls for operation of Commission District offices
B. CLERK & COMPTROLLER
Page 10
3B-1 Warrant
list
3B-2 Minutes:
None
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Deleted
Page 11
3C-2 Contract with Rosso
Site Development, Inc. for the Canton Road paving and drainage improvements
project
3C-3 FY
2013/2014 Pathway Program
3C-4 Change
Order No. 6 with GLF Construction Corporation for the Ocean Avenue Bridge
project
Page 12
3C-5 Receive and file time extension to funding
agreements with FDOT for three County road projects
3C-6 County Incentive Grant Program Agreement with
Florida Department of Transportation for the design of Congress Avenue
extension from Northlake Boulevard to Alternate A-1-A
3C-7 Resolution to vacate a portion of a 12 foot
wide utility easement (Parcel 2 of the plat of Hy-Crest
Center)
3C-8 Deleted
Page 13
3C-9 Supplemental Agreement No. 11 with Metric
Engineering, Inc. for design plans and construction bid documents relating to
the Silver Beach Road project
3C-10 Budget Transfer/Amendment relating to the Limestone Creek Phase IIC
project
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 13
3E-1 Memorandum of Understanding with Workforce
Alliance, Inc. for delivery of self sufficiency services to Palm Beach County
Community Action Program participants
OCTOBER 1, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 14
3E-2 Florida
Department of Health Child Care Food Program Principal Attestation Statement
regarding Business Integrity and Publicly-Funded Programs form
3E-3 State of Florida Voluntary Prekindergarten
Education Program Statewide Provider Agreement with Early Learning Coalition of
Palm Beach County to provide a 540 hour school year program
Page 15
3E-4 Amendments
to three Contracts for Provision of Services for various homeless services
3E-5 Agreement for Provision of Financial
Assistance with Treasure Coast Health Council to serve as oversight agency and
fiscal sponsor for the internet-based community health data portal
Page 16
3E-6 Amendment No. 1 with Family Central, Inc.
for increased enrollment in the Early Head Start program
F. AIRPORTS
Page 16
3F-1 Resolution relating to the Aviation and
Airports Advisory Board
3F-2 Resolution relating to the Citizens’
Committee on Airport Noise
Page 17
3F-3 Fifth Amendment to Retail Concession
Agreement with Paradies-Palm Beach, LLC
3F-4 Approval Form for Sales Tax Reimbursement by
the Florida Department of Revenue to Delta Air Lines, Inc.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Settlement of a Code Enforcement lien entered
against Gun Club Shopping Center, LLC & Gun Club Subsidiary, LLC
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Amendment No. 1 with The Gordian Group, Inc.
for consulting/professional services in conjunction with the Job Ordering
Contract system
3H-2 Standard
Equipment Use Agreement; delegation of signatory authority
Page 19
3H-3 Revised Standard License Agreement for Use of
County-Owned Property; delegation of signatory authority
3H-4 Amendment
No. 1 to three annual environmental assessment services contracts
Page 20
3H-5 Notice of extension to Concessionaire Service
Agreement with Tennis Insights, Inc. for continued use of concession building
at South County Regional Tennis & Racquetball Center
3H-6 Unity
of Title for County-owned property on south side of Forest Hill Boulevard
I. ECONOMIC SUSTAINABILITY
Page 20
3I-1 Contract
for Program Administration Services between Housing Finance Authority of Palm
Beach County and Housing & Development Services, Inc. relating to the 2013
Mortgage Credit Certificate Program
Page 21
3I-2 Agreement
with Palm Beach County Film and Television Commission, Inc. for operational and
educational expenses for the Film & TV Tech Prep Program
3I-3 Receive and file three standard documents
for the Department of Economic Sustainability
Page 22
3I-4 Agreements
with thirteen non-profit agencies to receive funding under the Community
Development Block Grant Program
OCTOBER 1, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. ECONOMIC SUSTAINABILITY
Page 23
3I-5 Amendment
No. 2 with Business Development Board for supplemental funding to provide
business recruitment and retention activities
3I-6 Deleted
3I-7 Agreement
with Enterprise Development Corporation of South Florida for development and
expansion of microenterprises and small businesses
3I-8 Agreement
with The Center for Technology, Enterprise and Development, Inc. for
development and expansion of microenterprises and small businesses
Page 24
3I-9 Consulting/Professional
Services Contract with the Palm Beach County Black Business Investment
Corporation for consulting and financial assistance to existing and start-up
small businesses
J. PLANNING, ZONING & BUILDING
Page 24
3J-1 Construction Industry Licensing Board
appointment
K. WATER UTILITIES
Page 25
3K-1 Contract with All Webbs
Enterprises, Inc. for mechanical integrity testing of three deep injection
wells at two Water Utility facilities
3K-2 Consultant
Services Authorization No. 12 with MWH Americas, Inc. for well rehabilitation
at WTPs 3 and 9
3K-3 Three Subordination of County Utility
Interests Agreements with FDOT along Military Trail and Community Drive
3K-4 Deleted
3K-5 Deleted
Page 26
3K-6 One-year
extension on all Water Utilities Department Development Agreements and Renewal
Agreements
3K-7 Change Order No. 1 with R.J. Sullivan
Corporation for construction of a Vacuum Wastewater Pumping Facility
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 27
3L-1 Resolution
relating to Natural Areas Management Advisory Committee
3L-2 Revocable Partial Assignment of an Undivided
Interest of Rights Under Easement Deed from SFWMD related
to the C-18 Canal
3L-3 Contract
with Taylor Engineering, Inc. for coastal and marine engineering services
Page 28
3L-4 Amendment No. 3 to Joint Partnership
Agreement with FDOT to expand wetland area off Bryant Park
Page 29
3L-5 Grant Agreements with FDEP to provide
partial funding relating to the Jupiter/Carlin and Ocean Ridge shore protection
projects
Page 30
3L-6 Cooperative Agreements with the U.S. Bureau
of Land Management and Change Orders with FDEP relating to the Jupiter Inlet
Lighthouse Outstanding Natural Area
3L-7 Agreement
Contract with FDACS for mosquito control activities
Page 31
3L-8 Contract with PBSO to provide law
enforcement services on conservation lands and natural areas
3L-9 Natural
Areas Management Advisory Committee reappointments
OCTOBER 1, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 31
3M-1 Budget Transfer to Okeeheelee South Park
Development Phase III project
Page 32
3M-2 Receive
and file Amendment No. 1 with FDEP for John Prince Memorial Park – Phase IV
project
3M-3 Work Order No. PR75826 for cart paths
resurfacing at Southwinds Golf Course
N. LIBRARY
Page 32
3N-1 Cooperative Agreement with
Literacy*AmeriCorps providing for one full-time Literacy*AmeriCorps member
Page 33
3N-2 Library
Advisory Board reappointment
P. COOPERATIVE EXTENSION SERVICE
Page 33
3P-1 Florida
Agriculture in the Classroom, Inc. Grant for 4-H projects
Q. CRIMINAL JUSTICE COMMISSION
Page 34
3Q-1 Interlocal
Agreement with PBSO for security at Juvenile Assessment Center
3Q-2 Second Chance Act Demonstration Program Grant
Application from DOJ for ex-offender reentry programs
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 35
3S-1 Re-opener amendment of Article 28-Vacations
to the Collective Bargaining Agreement with the Professional
Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc.
3S-2 Interlocal Agreement for Fire Protection and
Emergency Medical Services with the Town of Jupiter
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 36
3U-1 Amendments
relating to annual maintenance of the Justice Information System
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 36
3X-1 Modification
No. 2 with FDEM for emergency preparedness activities
Page 37
3X-2 Receive and file three agreements with
Fifteenth Judicial Circuit Court to provide court ordered forensic evaluations
and testimony
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 37
3Z-1 Airport
liability insurance purchased through Arthur J. Gallagher & Co.
OCTOBER 1, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN - None
PUBLIC HEARING – 9:30 A.M.
Page 38
4A Resolution
confirming special assessment process for El Paso Drive, Pinto Drive and Pancho Way
REGULAR AGENDA
ADMINISTRATION
Page 39
5A-1 Prescription
Drug Discount Card proceeds disbursement
5A-2 Memorandum of Understanding with Clerk and
Comptroller for release of Inspector General segregated funds
5A-3 Seven50 Plan
COUNTY
ATTORNEY
Page 40
5B-1 Contract for Professional Legal Services
with Harris Penn Lowry LLP relating to litigation for violations of the federal
Fair Housing Act
FACILITIES
DEVELOPMENT & OPERATIONS
Page 41
5C-1 Criminal
History Records Checks Ordinance
PALM
TRAN
Page 42
5D-1 Waive policy limiting number of advisory
board members/Palm Tran Service Board appointments and reappointments
RISK
MANAGEMENT
Page 43
5E-1 Second annual option to renew Administrative
Services Only Agreement with CIGNA for County’s self-funded HMO and POS health
insurance plans
WESTGATE/BELVEDERE
HOMES COMMUNITY REDEVELOPMENT AGENCY
Page 44
5F-1 Loan to allow CRA to meet its debt service
payment on $3.38 Million Redevelopment Revenue Refunding Bonds
BOARD APPOINTMENTS (Page 45)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 46)
STAFF COMMENTS (Page 47)
COMMISSIONER
COMMENTS (Page 48)
ADJOURNMENT (Page 48)
OCTOBER 1, 2013
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Proclamation
declaring October 16, 2013 as “National Childhood Nutrition Day” in Palm Beach
County. (Sponsored by Commissioner Valeche)
2. REVISED TITLE:
Proclamation declaring the weekends of October 11 – 13 and October 19 – 20,
2013 as “Oktoberfest 2013” in Palm Beach County. (Sponsored by Commissioner
Burdick)
3. Proclamation
declaring October 2013 as “Fetal Infant Mortality Review Month” in Palm Beach
County. (Sponsored by Vice Mayor Taylor)
4. ADD-ON:
Proclamation declaring October 6 – 12, 2013 as “National 4-H Week” in Palm
Beach County. (Sponsored by Commissioner Vana)
5. ADD-ON:
Proclamation declaring November 2013 as “Alzheimer’s Disease Awareness Month”
in Palm Beach County. (Sponsored by Mayor Abrams)
6. ADD-ON:
Certificate of Appreciation to Sister Marta Lucia Tobon. (Sponsored by
Commissioner Valeche)
7. ADD-ON: Proclamation declaring October 2013 as
“Guardianship Fraud Awareness Month” in Palm Beach County. (Sponsored by Commissioner Berger)
* * * * * * * * * * * *
OCTOBER 1, 2013
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: the First Amendment to Interlocal Grant Agreement
(R2012-1172) with the Town of Glen Ridge to voluntarily assist in funding the
Office of Inspector General operations. SUMMARY: The agreement provides
a means for the Town of Glen Ridge to voluntarily provide quarterly grant
payments to Palm Beach County to assist in funding the Office of Inspector
General. The payments equal the amount of funding the Town would have paid
pursuant to the cost apportionment method outlined in the Inspector General
Ordinance. The payment for Glen Ridge for each quarter of FY 2014 equals
$17. District 2 (LB/PM)
2. REVISED SUMMARY: Staff recommends motion to: A) appoint one individual; and B) re-appoint two individuals to the Small Business Assistance (SBA) Advisory Committee for the seat and term indicated below:
APPOINT:
Nominee Seat Designation Term Nominated By
Veronica
Vidal 2 Certified
Hispanic 10/1/2013 – 9/30/2016 Comm. Valeche
Business
Owner Comm.
Burdick
Comm.
Taylor
RE-APPOINT:
Nominee Seat Designation Term Nominated By
Joseph
Anderson 10 Certified
Minority 10/1/2013 – 9/30/2016 Comm. Valeche
Contractor Comm.
Burdick
Comm.
Taylor
Sherrill
L. Disbury 11 Associated
General 10/1/2013 – 9/30/2016 Comm. Valeche
Contractor Comm.
Burdick
Comm.
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, including 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 September 10, 2013 requesting approval of the recommendations for Seats 2, 10 and 11. No other nominations were received. Joseph Anderson has disclosed that he has an ownership position in JD Anderson Construction that contracts with the County for renovation of homes through the PBC Department of Economic Sustainability. The Small Business Advisory Committee provides no regulation, oversight, management, or policy-setting recommendations regarding the subject contract(s). Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sec. 2-443, of the Palm Beach County Code of Ethics. Countywide (TKF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. REVISED BACKUP: Staff
recommends motion to approve: Amendments to five consulting/professional service contracts for
state lobbying on behalf of Palm Beach County to extend the term for twelve
months to September 30, 2014 for a total amount of $175,000 as follows:
A) Eighth Amendment to the contract with
Pittman Law Group, P.L. (R2005-2301) in the amount of $35,000;
B) Eighth Amendment to the contract with Ericks Consultants, Inc. (R2005-2302) in the amount of
$35,000;
C) Eighth Amendment to the contract with
Corcoran and Associates, Inc. (R2005-2303) in the amount of $35,000;
D) Eighth Amendment to the contract with Moya Group, Inc. (R2005-2304) in the amount of
$35,000; and
E) Seventh Amendment to the contract with
Foley and Lardner, LLP (R2006-2141) in the amount of $35,000.
SUMMARY: The
original term of the contracts with Pittman Law Group, Ericks
Consultants, Corcoran and Associates and the Moya
Group for state lobbying was for November 1, 2005, through October 31, 2006,
with additional amendments extending the term through September 30, 2013. The
original term of the contract for Foley and Lardner, LLP was November 1, 2006,
through October 31, 2007, with additional amendments extending the term through
September 30, 2013. The dollar amounts reflected in each contract are identical
to the FY 2013 contracts except for the Ericks
Consulting Contract, which has been raised based on a review of the firm’s
performance to match the remaining four contracts. Countywide (DW)
4. Staff recommends
motion to approve: Golf Tournament Agreement with Trump
International Golf Club, L.C. and Peggy Adams Animal Rescue League of the Palm
Beaches Incorporated for a one day charitable golf tournament to be held on October
28, 2013. Summary: The
Development Site Lease Agreement with the Trump International Golf Club, L.C.
(Trump), approved September 3, 1996 (R96-1277D), allows use of the golf course
during the months of May through October for the County to host either a single
two-day, or two one-day charitable golf tournament(s). The Golf Tournament Agreement provides for
the Trump International Golf Club to be available exclusively for the
tournament to be held on October 28, 2013.
Proceeds from the golf tournament will benefit Peggy Adams Animal Rescue
League of the Palm Beaches Incorporated. Countywide (AH)
5. Staff recommends
motion to approve: Golf Tournament Agreement with Trump
International Golf Club, L.C. and Cystic Fibrosis Foundation for a one day
charitable golf tournament to be held on November 11, 2013. Summary: The Development Site Lease
Agreement with the Trump International Golf Club, L.C. (Trump), approved
September 3, 1996 (R96-1277D), allows use of the golf course during the months
of May through October for the County to host either a single two-day, or two
one-day charitable golf tournament(s). The Golf Tournament Agreement provides
for the Trump International Golf Club to be available exclusively for the
tournament to be held on November 11, 2013.
Proceeds from the golf tournament will benefit Cystic Fibrosis
Foundation. Countywide (AH)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
6. Staff recommends
motion to:
A) adopt
a Resolution of the Board
of County Commissioners of Palm Beach County, Florida, amending Resolution No. R2010-0224,
as amended by Resolution No. R2013-0324, establishing budgetary policy and
expenditure controls for the operation of Commission District offices, and
providing for an effective date; and
B) approve a Budget Transfer of $249,912 from Reserves
to provide budget in the Commission District office budgets for salary and
benefit increases.
SUMMARY: On September 10, 2013, the Board approved a
change in pay policy for County Commission staff. The new policy created a
progression plan and allows all employees currently holding the position of
County Commission Administrative Assistant to be eligible, upon approval by the
Commissioner, for promotion to pay grade E01, effective with the first pay
period in October. At the same time, Commission Secretaries are eligible to be
placed into whichever pay grade their tenure as a BCC staff member
dictates. The approved plan requires all
staff hired after October 1, 2013 to start at the base of the entry level pay
grade, regardless of education or experience. The Board also approved
elimination of the policy which allowed for hiring above the minimum of the pay
grade and for bonuses. Countywide (DRO)
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: None
3. REVISED BACKUP:
Staff
recommends motion to approve:
Contracts (regular) and claim settlements list as submitted by various
departments to the Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during April 2013. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. DELETED
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve:
A) a 120 calendar day Contract with Rosso Site Development, Inc. (Contractor), the lowest, responsive, responsible bidder in the amount of $159,408.88, for the Canton Road Paving and Drainage Improvements, Project No. 2011062 (Project);
B) a Budget Transfer of $160,386 in the Department of Economic Sustainability Fund to the Capital Outlay Fund for the Canton Road Paving and Drainage project; and
C) a Budget Amendment of $161,436 in the Capital Outlay Fund to recognize $160,386 in funding from the Department of Economic Sustainability and $1,050 from Florida Public Utilities for utility reimbursable work and appropriate it to the Project.
SUMMARY: Approval of this Project will provide for the construction of roadway improvements and storm drainage systems on Canton Road including roadway pavement, concrete driveway aprons, drainage structures, piping and sodding. The Contractor is a Palm Beach County company. The construction contract is wholly funded with federal grant funds; therefore, the Small Business Enterprise (SBE) Ordinance does not apply to this Project. However, the Contractor is a Palm Beach County certified SBE. District 2 (MRE)
3. Staff recommends motion to approve: the Fiscal Year 2013/2014 Pathway Program. SUMMARY: Approval of the Fiscal Year 2013/2014 pathway program will allow construction of the proposed projects compiled in response to requests from the Palm Beach County School Board, Palm Beach County Sheriff’s Office, members of the Board of County Commissioners, and residents of Palm Beach County. The proposed projects include nine new construction projects and ten major maintenance projects. The total program cost is $1,500,000 and is divided into the following categories:
School Related $ 754,860
Non-School Related $ 137,740
Major Maintenance $ 498,350
ADA and Minor Maintenance $ 25,000
Cost and Feasibility Studies $ 59,050
Fast
Track Schools $ 25,000
Total $1,500,000
Countywide (MRE)
4. Staff recommends motion to approve: Change Order No. 6 in the amount of $276,465.19 with GLF Construction Corporation for the Ocean Avenue Bridge over the Intracoastal Waterway project (Project) R2011-1446. SUMMARY: Approval of Change Order No. 6 in the amount of $276,465.19 is necessary to compensate for additional work as described in Attachment 3 to the Agenda Item. This Change Order is being brought to the Board of County Commissioners for approval per PPM CW-F-050. District 4 (MRE)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends motion to receive and file:
A) County Incentive Grant Program (CIGP) Amendment No. Three, a time extension to the Lyons Road from Atlantic Avenue to Boynton Beach Boulevard Funding Agreement, R2010-0933, with the Florida Department of Transportation (FDOT);
B) Transportation Regional Incentive Program (TRIP) Amendment No. Six, a time extension to the C-51 Bridge at State Road 7 and State Road 80 Funding Agreement, R2008-0939, with FDOT; and
C) Transportation Regional Incentive Program (TRIP) Amendment No. Four, a time extension to the Atlantic Avenue from Lyons Road to
Starkey Road Funding Agreement, R2007-0837, with FDOT.
SUMMARY: This receive and file will record time extensions to funding agreements with FDOT for CIGP Amendment No. Three, TRIP Amendment No. Six, and TRIP Amendment No. Four, for projects currently underway which were all signed by the Deputy County Engineer and then executed by FDOT. On January 24, 2012, the Board of County Commissioners granted the County Administrator or his designee authority to sign amendments to existing funding agreements with FDOT to provide for time extensions and to add e-verify language, under Resolution No. R2012-0035. On February 21, 2012, the County Administrator wrote a memorandum delegating this authority to the County Engineer, the Deputy County Engineer, and the Assistant County Engineer. Countywide (MRE)
6. Staff recommends motion to:
A) adopt a Resolution to approve the County Incentive Grant Program (CIGP) agreement with the State of Florida Department of Transportation (FDOT) in the amount of $250,000 for the design of the Congress Avenue extension from Northlake Boulevard to Alternate A-1-A (Project); and
B) approve a Budget Amendment of $250,000 in the Road Impact Fee Fund – Zone 1 to recognize the CIGP agreement with FDOT and appropriate it to the Project.
SUMMARY: Approval of this CIGP agreement will allow Palm Beach County (County) to receive a grant of up to $250,000 (50/50 matching funds) for the Project whose current estimated design cost is $500,000. The County will be responsible for all costs above this grant amount. District 1 (MRE)
7. Staff recommends motion to adopt: a Resolution to vacate a portion of a 12 foot wide utility easement within Parcel “2” of the plat of Hy-Crest Center, as recorded in Plat Book 64, Pages 177-178, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution will allow the petitioner to vacate a portion of the easement to allow for redevelopment of the site. The petition site is located on the east side of Interstate 95 and the south side of Hypoluxo Road. District 7 (MRE)
8. DELETED
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends motion to approve: Supplemental Agreement No. 11 (Agreement) to project agreement R2004-0053 in the amount of $137,709.21 with Metric Engineering, Inc., (MEI) for professional services for the Silver Beach Road from east of Congress Avenue to Old Dixie Highway project (Project). SUMMARY: Approval of this Agreement will provide the services necessary for the preparation of revised design plans and construction bid documents for the Project. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for this supplement by MEI is 12.35%, with 20.22% SBE participation achieved to date. District 7 (MRE)
10. Staff recommends motion to approve:
A) a Budget Transfer in FY 2013 of $98,593 from the Disaster Recovery Initiative Fund to the Capital Outlay Fund for the Limestone Creek Phase IIC project (Project); and
B) a Budget Amendment in FY 2013 of $98,593 in the Capital Outlay Fund to recognize the transfer from the Disaster Recovery Initiative Fund and appropriate it to the Project.
SUMMARY: The Limestone Creek
Phase IIC Project is near completion.
This budget transfer and amendment will provide the final funding for
the construction contract as well as staff costs. The funding has been allocated by the
Department of Economic Sustainability through a Disaster Recovery Initiative
grant provided by the Florida Department of Economic Opportunity. Modification No. 8 to the subgrant
agreement was received on August 19, 2013 which allocated additional funding
for the Project. District 1 (MRE)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Memorandum
of Understanding with Workforce Alliance, Inc., for the period October 1, 2013,
through September 30, 2014, for delivery of self sufficiency services to Palm
Beach County Community Action Program participants. Summary: This Memorandum of Understanding
(MOU) will establish an organizational framework to integrate the delivery of emergency
and self sufficiency services into the One-Stop delivery system with Workforce
Alliance, Inc. The MOU satisfies the program delivery requirement contained in the
Department of Economic Opportunity Community Service Block Grant (CSBG)
application. No County funds are required. (Community Action Program) Countywide
(TKF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to:
A) ratify
the signature of the Mayor
on the Florida Department of Health Child Care Food Program Principal
Attestation Statement Regarding Business Integrity and Publicly-Funded Programs
form;
B) ratify
the signature of the Mayor
on the Delegation of Signing Authority for the Child Care Food Program form;
and
C) approve the Child Care Food Program budget for the
period October 1, 2013, through September 30, 2014, in an amount not to exceed $1,118,804
for meals served to Head Start and Early Head Start children.
Summary: The Head Start/Early Head Start Program will participate in the fiscal
year 2013-2014 Child Care Food Program (CCFP) by providing 914 infants,
toddlers and children with a breakfast, lunch and snack each day. Due to the Healthy Hunger Free Kids Act of
2010, there is no longer an annual CCFP contract. The Act required a permanent
contract be established and forms periodically updated in lieu of submitting a
new application yearly. A permanent contract was approved by the Board on
September 13, 2011 (R2011-1311). The
Principal Attestation Statement Regarding Business Integrity and
Publicly-Funded Programs form is signed by all principals in the program to
assure that violation of program requirement or business integrity have not
occurred in the previous seven years. The
Delegation of Signing Authority form will allow one representative, other than
the Mayor, to sign any additional forms from the Florida Department of Health (DOH)
during the contract period. The budget for fiscal year 2013-2014 is based on
the Projected Earnings Worksheet provided by the DOH. Head Start staff projects
reimbursement of $1,005,185 from the DOH. County support of $113,619 is required for a
total amount of $1,118,804 to serve meals to Head Start and Early Head Start
children. Sufficient funding is included in the current budget to meet County
obligations. (Head Start) Countywide (TKF)
3. Staff recommends motion
to:
A) approve the State of Florida Voluntary
Prekindergarten Education Program Statewide Provider Agreement with the Early
Learning Coalition of Palm Beach County, Inc., for the period October 1, 2013,
through June 30, 2014, to provide a 540 hour school year program; and
B) authorize the County
Administrator, or his designee, to sign necessary documents regarding the VPK
Program.
Summary: The FY 2013-2014 Voluntary
Prekindergarten (VPK) Program will provide early childhood services to 577
4-year olds currently enrolled in nine of the County’s Head Start centers:
Boynton Beach, Jupiter, Lake Worth, Pahokee, Palm Glades, Riviera Beach, South
Bay, Westgate, and West Palm Beach. Due to the many documents required by the
Grantor, the delegation of signing authority to the County Administrator, or
his designee, is being requested to expedite signed documents getting to the
Grantor. The VPK Reimbursement is based
on actual attendance of the children.
This year’s reimbursement rate is $2,460.69 per child for 577 children. No
County match is required. (Head Start) Countywide (TKF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve:
A) Amendment
No. 02 to Contract for Provision of Services with Gulfstream Goodwill
Industries, Inc. (R2012-0612) for the period October 1, 2013, through September
30, 2014, to increase funding for engagement, interim housing and rapid re-housing
services to homeless individuals by $2,160,709, for a new total contract amount
not to exceed $4,223,743; and
B) Amendment
No. 04 to Contract for Provision of Services with Adopt-A-Family of the Palm
Beaches, Inc. (R2012-0613) for the period October 1, 2013, through September
30, 2014, to increase funding for
engagement, interim housing, rapid re-housing and navigation services to
homeless families by $1,319,099 for a
new total amount not to exceed $2,745,611; and
C) Amendment
No. 03 to Contract for Provision of Services with The Lord’s Place, Inc.
(R2012-0614) for the period October 1, 2013, through September 30, 2014, to
increase funding for employment services to homeless individuals and families
by $204,506 for a new total
amount not to exceed $592,174.
Summary: The Senator Philip
D. Lewis Center (Lewis Center)
serves as the main point of access for homeless services in central Palm Beach
County. Gulfstream Goodwill Industries,
Inc. serves as the lead facility operator and provides individual housing
placement; ongoing support, oversight of the on-site interim housing and
navigation. Adopt-A-Family of the Palm
Beaches, Inc. provides family engagement, housing placement, ongoing support
and navigation; and The Lord’s Place, Inc. provides employment services. The
County’s Homeless Outreach Teams and a Health Department staffed medical
facility are also located on site. The
amendment amounts reflect funding levels approved for the Lewis Center in the
FY 2014 budget. (Human Services) Countywide (TKF)
5. Staff recommends
motion to approve:
Agreement for Provision of Financial Assistance with Treasure Coast Health
Council, Inc. d/b/a Health Council of Southeast Florida for the period
September 10, 2013, through November 30, 2013, in an amount of $10,000, to
serve as the oversight agency and fiscal sponsor for the internet-based
community health data portal. Summary: This Agreement with Treasure Coast Health
Council, Inc. d/b/a Health Council of Southeast Florida will support contracted
management, fiscal agent, licensing and related expenses for the Community
Health Data Portal Project (Portal Project). The Portal Project is a website
portal intended to provide non-biased, easy to understand, health,
environmental, economic and other local indicators to the greater community and
is intended to encourage and promote informed community action by providing
evidence-based policy and best practice examples, data sets, and innovative
community planning and communication tools.
In addition to being a resource for the general public and community
organization, the portal will assist County staff and advisory boards in needs
evaluation and the establishment of priorities for health and human services
spending and service delivery. There are
seven organizations collaborating in the portal. Additional partners are expected in the
future. The County contribution of
$10,000 is approximately 5.6% of the annual project cost (approximately $180,000). The remainder of the annual year project cost
is shared by the other funders. Julie
Graham, an employee of Health Council of Southeast Florida, is a member of the
Palm Beach County HIV Care Council. This
Council provides no regulation, oversight, management, or policy-setting
recommendations regarding the Portal Project. 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. Countywide
(TKF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. Staff recommends
motion to approve: Amendment No. 001 to Early Head Start Contracted
Services Agreement with Family Central, Inc. (R2012-1639) for the period September
9, 2013, through September 30, 2013, to increase enrollment by 16 infants and
toddlers and increase funding by $7,101 for a new total not to exceed amount of
$435,101. Summary: This Amendment is necessary to adjust
compensation for contracted services to Early Head Start infants, toddlers and
families. Hispanic Human Resources Council, Inc. (HHRC) no longer provides Early Head Start services and eliminated
24 Early Head Start slots. Family Central, Inc. increased their enrollment to provide services for 16 slots eliminated by HHRC. In a
separate agreement approved by the Board on July 24, 2013 (R2013-0980), the School Board of Palm Beach County increased
their enrollment to provide services for the remaining eight slots eliminated
by HHRC. No new County
funding is required. (Head Start) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County Florida, repealing Resolution 96-205; providing for creation
of the Palm Beach County Aviation and Airports Advisory Board; providing for
Advisory Board membership; providing for term of office; providing for
officers; providing for qualifications of members; providing for staff
cooperation and support; providing for meetings; providing for quorum and
attendance; providing for duties and responsibilities; providing for rules of procedures
of vacancies; providing for compensation, expenses and funding; providing for
appointment of advisors; providing for compliance with uniform policy for
advisory boards and commissions; providing for compliance with Palm Beach
County Code of Ethics; providing for severability; and providing for an
effective date. SUMMARY: The
Resolution repeals and replaces Resolution 96-205, pertaining to the Palm Beach
County Aviation and Airports Advisory Board (AAAB), to conform to Resolution
2013-0193, establishing uniform policies and procedures for Palm Beach County
advisory boards, committees and commissions, including Code of Ethics
requirements, terms of service, travel policy and absences. The Resolution establishes that beginning
March 1, 2013 no AAAB member shall be appointed or reappointed for more than
three consecutive three year terms. The Resolution modifies provisions
pertaining to attendance and travel expenses, and adds a provision for the Palm
Beach County Code of Ethics. Countywide (AH)
2. Staff recommends
motion to adopt: a Resolution of
the Board of County Commissioners of Palm Beach County Florida, repealing
Resolution 2012-0435; providing for the creation of a Citizens’ Committee on
Airport Noise; providing for nature of appointments; providing for duties of
Citizens’ Committee; providing for term of membership; providing for filling of
vacancies; providing for rules of Citizens’ Committee; providing for secretary
to Citizens’ Committee; providing for travel expenses, reimbursement and
approval authority; providing for compliance with uniform policy for advisory
boards and commissions; providing for compliance with Palm Beach County Code of
Ethics; providing for severability; and providing for an effective date. SUMMARY: The Resolution repeals and
replaces Resolution 2012-0435, pertaining to the Citizens’ Committee on Airport
Noise (CCAN), to conform to Resolution 2013-0193, establishing uniform policies
and procedures for Palm Beach County advisory boards, committees and
commissions, including Code of Ethics requirements, terms of service, travel policy
and absences. The Resolution establishes
that beginning March 1, 2013 no CCAN member shall be appointed or reappointed for
more than three consecutive three year terms. The Resolution modifies
provisions pertaining to attendance and adds a provision for the Palm Beach County
Code of Ethics. Countywide (AH)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve: a Fifth Amendment (Amendment) to Retail Concession
Agreement with Paradies-Palm Beach, LLC (Paradies), modifying the mid-term refurbishment and
charitable donation requirements. SUMMARY:
Paradies provides retail concession services at
Palm Beach International Airport (PBIA) pursuant to a Retail Concession
Agreement, as amended (Agreement) (R2007-2052).
Paradies is a Florida limited liability company
with a principal place of business in Atlanta, Georgia. The Agreement required Paradies to make two separate mid-term capital investments
of $340,000 prior to September 30, 2014 and 2019. This Amendment requires Paradies
to make a single mid-term investment of $700,000 to be completed no later than
December 31, 2017. The mid-term
investment shall be for leasehold improvements made for the purpose of
introducing new concepts, updating, reconditioning and/or improving the public
concession areas. If the mid-term
investment is less than $700,000, Paradies will be
required to pay the difference to the County.
The Amendment modifies the charitable donation requirements to specify a
minimum annual contribution amount of $10,000 and to provide flexibility in the
fulfillment of Paradies’ charitable commitment. The
Amendment adds a standard contract provision pertaining to third-party
beneficiaries. Countywide (AH)
4. Staff recommends motion
to approve: Approval
Form for Sales Tax Reimbursement by the Florida Department of Revenue (FDR) to
Delta Air Lines, Inc. (Delta). SUMMARY: Delta is seeking reimbursement
from the FDR for sales tax paid on certain airport space rentals at Palm Beach
International Airport. The approval form will allow the FDR to review Delta’s
reimbursement claim and, if approved, to reimburse Delta directly for sales tax
Delta originally paid. Delta agrees to provide the County with documentation
supporting the taxability pertaining to the claim. Delta is a customer in good
standing with the County and promptly pays all invoices including sales tax;
therefore, staff recommends allowing Delta to seek this reimbursement. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated
Settlement in the amount of $30,300 for the full satisfaction of a Code
Enforcement Lien that was entered against Gun Club Shopping Center, LLC &
Gun Club Subsidiary, LLC (hereinafter collectively referred
to as “Gun Club”) on May 7, 2008. SUMMARY: The Code
Enforcement Special Master (CESM) entered an Order on November 7, 2007 giving Gun
Club until December 7, 2007 to
resolve their outstanding zoning violations. The zoning violations consisted of
an outside lounge bar and seating constructed without proper zoning approval or
building permits in addition to violation of the conditions of zoning approval
prohibiting outdoor storage behind the existing structure. Gun Club was also
given until March 7, 2008 to obtain the required building permits for a shed,
fence and addition to the rear of the existing structure. Compliance with all
conditions for zoning approval was achieved prior to the ordered compliance
date of December 7, 2007. However, Gun Club did not obtain the required
building permits by the ordered compliance date of March 7, 2008 resulting in
the accrual of a fine in the amount of $ 100 per day until compliance is achieved.
Full code compliance was finally achieved on February 5, 2010. The total
accrued lien amount through January 31, 2013, the date settlement discussions
began was $120,963.33. Gun Club has agreed to pay the County $30,300 as full
settlement of their outstanding Code Enforcement Lien. District 2 (PM)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 1 to Contract with The Gordian Group, Inc.
(R2011-1350) for consulting/professional services in conjunction with the Job
Ordering Contract (JOC) system extending the contract until September 12, 2014.
SUMMARY: Amendment No. 1 is an
extension to the contract with The Gordian Group, Inc. The Gordian Group
provides professional services required to implement the JOC system to
facilitate renovation, repair, and/or maintenance improvement projects.
Compensation is 1.95% of the dollar value of issued JOC work orders. Staff is
bringing forward the Amendment at this time based on expiration of the term.
All other terms of the original contract remain in effect. The Gordian Group is
based in South Carolina. (FD&O Admin) Countywide (JM)
2. Staff
recommends motion to:
A) approve a standard Equipment Use Agreement; and
B) authorize the County Administrator or his designee to
execute and administer the Equipment Use Agreement.
SUMMARY: The County receives a number of requests for use of County-owned equipment, particularly radio equipment for special events, equipment testing/trials and for short-term continuous use. This Equipment Use Agreement (Agreement) provides the standard terms under which governmental and non-governmental entities may receive approval to use County-owned equipment and identifies alternate insurance and indemnification provisions for use when the applicant is a governmental entity or a non-governmental entity. The Agreement also requires special conditions to be included that will be developed as a result of the specifics of the request including the proposed use and related technical details and the risk level to the County resulting from potential loss or damage to the equipment and/or other liability. The special conditions will be developed jointly by the Facilities Development & Operations (FDO) and Risk Management Departments. The delegation of authority through the County Administrator to the Director of FDO includes the authority to develop and execute these standard Agreements with special conditions. From time to time, the nature of the request will require further modifications to the insurance, indemnification and risk of loss provisions of the Agreement and the authority to make such changes is also delegated. However, changes to these provisions will require Risk Management to co-approve the Agreement. All Agreements, whether they deviate from the standard or not, will require the approval of the County Attorney’s Office. (FDO Admin) Countywide (MJ)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff
recommends motion to approve:
A) a revised Standard License Agreement for Use
of County-Owned Property; and
B) a revision to the delegation of authority to
execute the Standard License Agreement to include modifications to the
insurance/indemnity provisions with the approval of Risk Management and the
County Attorney’s Office.
SUMMARY: On March 9, 2010, the Board approved: (i) a Standard License Agreement for Commercial Activities
(Standard License Agreement) for use when individuals or organizations request
the use of County-owned facilities and/or vacant property for non-County use,
and (ii) the delegation of signature authority for execution of the Standard
License Agreement to the County Administrator or his designee. The Standard License Agreement requires
revisions to incorporate situations when a government or not-for-profit entity
requests use of a facility for non-county activities that are not commercial in
nature, and to accommodate instances when a requested use of a facility is for
a longer duration, or under more specific terms and conditions than would be
appropriate for a facility use permit.
The revisions to the Standard License Agreement provides for selection
of term, fee and insurance/indemnity provisions based on whether the user is a
government, not-for-profit entity or a for profit entity. The delegation of
authority is expanded to include modifications to the insurance/indemnity
provisions with the approval of Risk Management and the County Attorney’s
Office. Other updates to the Standard License Agreement are inclusion of County
Code Section 2-421 - 2-440 establishing the Office of the Inspector General,
increases to the limits of liability as set forth in Section 768.28, Florida
Statutes, a provision excluding third party beneficiaries, a provision updating
the non-discrimination language and re-wording of the title and fee sections of
the Agreement. All other provisions
remain the same. (FDO Admin) Countywide (MJ)
4. Staff recommends
motion to approve: Amendment No. 1 to the contracts for environmental assessment
services on a continuing contract basis:
A) Dunkelberger Engineering & Testing, Inc. (R2011-1504);
B) URS
Corporation Southern (R2011-1505); and
C) REP
Associates, Inc. (R2011-1506).
SUMMARY: Amendments
No. 1 extend the term of three contracts for professional consulting services
for environmental assessment services for one year. The Board approved annual contracts on
October 4, 2011, which provided for an initial two year term with two one-year
renewal options. Amendment No. 1 will
provide services during the first renewal period. The Small Business Enterprise
(SBE) goal for these contracts is 15% participation. During the first two years
of these contracts, Dunkelberger Engineering &
Testing, Inc. has achieved 14.9% SBE participation, URS Corporation Southern
has achieved 16.7% SBE participation, and REP Associates, Inc. has achieved
95.5% SBE participation. All three of these firms are Palm Beach County
companies. (Capital Improvements
Division) Countywide (JM)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to receive and file: a
notice of exercise of the third option to extend the term of the
Concessionaire Service Agreement (R2008-1867) with Tennis Insights, Inc., for the continued use of the concession
building at the South County Regional Tennis and Racquetball Center in Burt
Aaronson South County Regional Park for $16,059.84/year. SUMMARY: Tennis Insights has operated under the
current Concessionaire Service Agreement (Agreement) for use of the concession
building at the tennis and racquetball center in Burt Aaronson South County
Regional Park since November 2008. Tennis Insights is now exercising the third
of three one-year term extension options for the period of November 1, 2013 to
October 31, 2014. The guaranteed annual rent will be increased by four percent
(4%) from $15,442.13 ($1,286.84/month) to $16,059.84 ($1,338.32/month) effective November 1, 2013. The Parks and
Recreation Department is satisfied with Tennis Insights’ performance. The Board
has no discretionary authority to deny the exercise of the option; however, the
County may terminate this Agreement upon ninety days written notice to Tennis
Insights. (PREM) District 5
(HJF)
6. Staff recommends
motion to approve: a Unity of Title for County-owned property located
on the south side of Forest Hill Boulevard, east of the Florida Turnpike and
west of Pinehurst Drive in unincorporated Greenacres. SUMMARY: The County owns 768 acres
which supports several County uses including Okeeheelee Park South, the Water
Utilities Department (WUD) North Region Operation Center, the Sheriff’s K-9
Facility and WUD’s Production Wells for Water Treatment Plant No. 2. The 768 acres is comprised of several
different parcels and property control numbers. Upon the recording of the Unity
of Title, the County parcels will be considered as a single unified property
which will simplify future development of the property for County purposes.
(PREM) District 2 (HJF)
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve: a Contract for Program Administration Services
between the Housing Finance Authority of Palm Beach County, Florida
(Authority), and Housing and Development Services, Inc. d/b/a eHousingPlus (eHousing). Summary: The Authority was established by the Board of
County Commissioners (BCC) in 1979 in accordance with Part IV, Chapter 159, Florida Statutes.
Section 2-189 of the Palm Beach County Code of Ordinances, as amended,
requires that all contracts of the Authority for the purchase of goods and
services in excess of $10,000 be approved by the BCC. The Contract sets forth the terms under which
eHousing will provide program administration services
to the Authority in connection with its 2013 Mortgage Credit Certificate
Program benefiting first time homebuyers.
eHousing is one of
two firms in Florida providing this specialized service and was selected by the
Authority on July 19, 2013, based on their lowest cost proposal. No Match
from County General funds is required. (HFA of PBC) Countywide (PFK)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to approve: an Agreement with the Palm Beach County Film and
Television Commission, Inc. (F&TV Commission) in the amount of $50,000 for
the period October 1, 2013 to September 30, 2014. Summary: This
Agreement with the F&TV Commission will fund operational and educational
expenses for the Film & TV Tech Prep Program, which is entering its 19th
year of operation. The grant funds will
continue to develop the film and television industry in Palm Beach County
through an enhanced strategic plan drafted by educators and industry
professionals. Funding will be provided
in accordance with PPM No. CW-F-049 (III)(F) as a
specific grant awarded by the County. This funding is projected to have a one year
Economic Sustainability Impact of $179,300. These are County ad valorem funds. (DES
Contract Development) Countywide (DW)
3. Staff recommends
motion to receive and file: two Amendments to Agreements and one
Modification to a Grant Agreement, as follows:
A) Amendment No. 002 to the Agreement (R2012-1255) with the City of Riviera
Beach under the Neighborhood Stabilization Program 1 (NSP1);
B) Amendment No. 002 to the Loan Agreement (R2012-1800) with HTG Palm Beach
II, LLC under the Neighborhood Stabilization Program 2 (NSP2) and the Home
Investment Partnership Program (HOME); and
C) Modification No. 8 to the Grant Agreement (R2010-1411) with the State of
Florida under the 2008 CDBG Disaster Recovery Initiative Program (DRI 4).
Summary: In accordance with County PPM CW-0-051, all
delegated contracts, agreements and grants must be submitted by the initiating
Department as a receive and file agenda item.
The Amendments to Agreements and Modification have been fully executed
on behalf of the Board of County Commissioners (BCC) by the County
Administrator, or designee, in accordance with Agenda Items R2009-1677,
R2011-1384, and 5C-2, as approved by the BCC on October 6, 2009, September 13
and 2011, June 5, 2012, respectively. These executed documents are now being
submitted to the BCC to receive and file.
These are Federal HOME funds whose match is met with State Housing
Initiative Partnership Program funds and Federal NSP1, NSP2 and DRI4 funds
which require no local match. (DES Contract Development) Countywide
(TKF)
OCTOBER 1, 2013
3. CONSENT AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
4. REVISED TITLE & SUMMARY:
Staff
recommends motion to approve: thirteen Agreements
under the Fiscal Year 2013-2014 Community Development Block Grant (CDBG)
Program totaling $220,959 to 13 non-profit agencies, in the amounts indicated
below, for the period of October 1, 2013 to September 30, 2014, as follows:
A) Aid to Victims of
Domestic Abuse, Inc., in the amount of $20,110 for transitional housing and
supportive services;
B) The Children’s Home
Society of Florida in the amount of $18,563 for transitional housing and
services to homeless pregnant or parenting teen mothers;
C) The Children’s Place at
Home Safe, Inc., in the amount of $13,930 for emergency transitional shelter
and specialized therapeutic care;
D) The Coalition for
Independent Living Options, Inc., in the amount of $17,901 for emergency meals;
E) Healthy Mothers/Healthy
Babies Coalition of Palm Beach County, Inc., in the amount of $7,285 for
assistance to uninsured low income pregnant women and their families in order
to access health care, to secure payer sources and other services for prenatal
care;
F) Jesus and You Outreach
Ministries, Inc., in the amount of $9,281 for transitional residential shelter
and supportive services to homeless men abused and/or neglected
children;
G) Legal Aid Society of
Palm Beach County, Inc., in the amount of $47,513 for fair housing education,
outreach, advocacy and enforcement activities;
H) Place of Hope, Inc., in
the amount of $12,155 for transitional emergency housing and supportive
services;
I) Redlands Christian
Migrant Association, Inc., in the amount of $10,829 for child care and
education services;
J) Seagull Industries for
the Disabled, Inc., in the amount of $24,309 for vocational training and
supervision;
K) Sickle Cell Foundation
of Palm Beach County, Inc., in the amount of $13,923 for comprehensive case
management services;
L) Urban League of Palm
Beach County, Inc., in the amount of $14,774 for foreclosure mitigation
counseling, homebuyer education classes, and pre-purchase homebuyer counseling
services; and
M) Vita Nova, Inc., in the
amount of $10,386 for transitional housing and supportive services.
Summary: On
July 16, 2013 (R2013-0950) (R2012-0950), the Board of County
Commissioners approved the Palm Beach County Action Plan: October 2013, through
September 2014, which allocated $220,959 in CDBG funds to 13 non-profit
agencies to provide public services, including fair housing activities. Kimberly Rommel-Enright
and Vicki Tucci, employees of Legal Aid Society of
Palm Beach County, Inc., serve on the HIV CARE Council, a County Advisory
Board. Jimmy Weatherspoon, an employee of the Urban
League of Palm Beach County, Inc., serves on a County Advisory Board, the
Housing Finance Authority. Pam O’Brien, an employee of the Aid to Victims of
Domestic Abuse, Inc., serves on the Homeless Advisory Board, a County Advisory
Board. Frank Hayden, an employee of
Sickle Cell Foundation of Palm Beach County, Inc. serves on the Health Council
of SE Florida. 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. These are Federal CDBG funds which
require no local match. (DES Contract Development) Countywide
(TKF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
5. Staff recommends
motion to approve: Amendment No. 2 to the Business Development Board’s
(BDB) five-year Agreement (R2011-1975) allocating $100,000 in supplemental
funding for Fiscal Year 2013-2014. Summary: On December 6, 2011, the Board of County
Commissioners (BCC) entered into an Agreement (R2011-1975) with the BDB to
provide business recruitment assistance, business retention activities and
business expansion services in Palm Beach County. The BCC and the BDB entered into a
public-private partnership to promote the County, attract new businesses and
assist in creating new industries in the County. The Agreement period is from October 1, 2011
through September 30, 2016, and is in its third year of the term. This
Amendment allocates $100,000 in supplemental funding to BDB as approved by the
BCC in the County’s Fiscal Year 2013-2014 budget. These are County ad
valorem funds. Countywide (DW)
6. DELETED
7. Staff recommends
motion to approve: an Agreement with Enterprise Development
Corporation of South Florida (EDC) in the amount of $51,000 for the period
October 1, 2013 to September 30, 2014. Summary: This Agreement will provide Community
Development Block Grant (CDBG) Program funds for operational expenses for the
development and expansion of microenterprises (defined as “commercial
enterprises” that have five or fewer employees) and small businesses. EDC is required to create a minimum of four full-time
equivalent (FTE) jobs countywide of which at least 51% must be held by, or made
available to, low and moderate income persons, and of which at least 51% must
reside in the Palm Beach County CDBG jurisdiction during the term of the
Agreement. EDC is a non-profit
organization whose mission is the development of an innovation-based economy
through the creation of high skill, high wage jobs in key industries that are
driving global commerce. The primary objective of EDC is to facilitate the
creation and growth of high technology companies. EDC received $51,000 in CDBG
funds during Fiscal Year 2012-2013 and created four and one-half FTE jobs (based
on their August 2013 progress report), which exceeded their four FTE job
creation requirement. This funding is projected to have a five
year Economic Sustainability Impact of $4.8 Million. These are Federal
CDBG funds which do not require a local match. (Strategic Planning) Countywide
(DW)
8. Staff recommends
motion to approve: an
Agreement with The Center for Technology, Enterprise and Development, Inc. (TED
Center) in the amount of $151,000 for the period October 1, 2013 to September
30, 2014. Summary: This Agreement will provide Community
Development Block Grant (CDBG) Program funds for operational expenses for the
development and expansion of microenterprises (defined as “commercial
enterprises” that have five or fewer employees) and small businesses. The TED
Center is required to create a minimum of 11 full-time equivalent (FTE) jobs
countywide of which at least 51% must be held by, or made available to, low and
moderate income persons, and of which at least 51% must reside in the Palm
Beach County CDBG jurisdiction during the term of the Agreement. The TED Center, a non-profit organization, is
a business incubator with associated programs and services designed to improve
the viability and strength of microenterprises and small businesses. The primary objective of the TED Center is to
provide business resources and support services for business
opportunities. The TED Center received
$151,100 in CDBG funds during Fiscal Year 2012-2013 and created 12 FTE jobs (based
on their August 2013 progress report) which exceeded their 11 FTE job creation
requirement. This funding is projected to
have a five year Economic Sustainability Impact of $8.8 Million. These
are Federal CDBG funds which do not require a local match. (Strategic
Planning) Countywide (DW)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
9. Staff recommends
motion to approve: a
Consulting/Professional Services Contract with the Palm Beach County Black
Business Investment Corporation (BBIC) in the amount of $54,000 for the period
October 1, 2013 to September 30, 2014. Summary: This Consulting/Professional Services
Contract will fund the BBIC for operational expenses for providing consulting
and financial assistance to existing and start-up small businesses in Palm Beach
County. The BBIC, a non-profit organization, will be required to obtain four
business loan approvals from financial institutions totaling at least $500,000,
while serving 270 clients and creating/retaining 25 full-time equivalent jobs.
BBIC received $54,000 in ad valorem funds during Fiscal Year 2012-2013 and
created 42 full-time equivalent (FTE) jobs (based on their August 2013 progress
report) which exceeded their 25 FTE job creation requirement. This funding is projected to have a five
year Economic Sustainability Impact of $11.2 Million. These funds were approved in the Fiscal
Year 2013-2014 Budget adopted by the Board of County Commissioners. (DES
Contract Development) Countywide (DW)
J. PLANNING, ZONING
& BUILDING
1. Staff recommends a
motion to approve: appointment
of one new member to the Construction Industry Licensing Board:
Appoint Seat
No. Requirement Term Nominated by
Arnold Rich 13 Consumer
Representative 10/1/13-9/30/15 Mayor Abrams
Comm. Burdick
Comm. Valeche
Comm. Vana
SUMMARY: The
Construction Industry Licensing Board was established by Special Act, Laws of
Florida, and Chapter 67‑1876, as amended. The Special Act and,
subsequently, Florida State Statute (F.S. §) sets forth the membership of the
Board, which consists of 15 members. Arnold Rich has been nominated to replace
Alvin Cohen who is no longer able to serve. The nomination represents the Seat
for a Consumer Representative as cited in the Special Act, and F.S. § 489.131
establishing the Construction Industry Licensing Board. A Memorandum was sent
to the Board of County Commissioners on July 29, 2013, advising of the vacant
position. No other nominations were received. Countywide (SF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: a Contract
with All Webbs Enterprises, Inc. for Southern Region Operations Center (SROC) and Southern
Region Water Reclamation Facility (SRWRF) Deep Injection Well Mechanical
Integrity Testing and Rehabilitation Contract in the amount of $229,978. Summary: On July 2, 2013, five bids were received for
Project No. WUD 13-035 to perform mechanical integrity testing of one deep
injection well at SROC and two deep injection wells at SRWRF, and to rehabilitate the deep injection well wellhead and
modify piping for SROC. This testing is required by Florida Department of Environmental Protection
regulations. The low bidder, All Webbs Enterprises, Inc., is the
lowest responsive, responsible bidder in the amount of $229,978.
The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance (R2002-0064) is 15% overall. All Webbs Enterprises, Inc. has met
the SBE goal with a participation of 97.50% overall. All Webbs Enterprises, Inc. is a local
company. (WUD Project No. 13-035) District
5 (JM)
2. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 12 with
MWH Americas, Inc. (R2011-0632) for Water Treatment Plants 3 and 9 Wells
Rehabilitations and Replacement in the amount of $195,637. Summary: On May 3, 2011, the Palm Beach County Board
of County Commissioners approved the continuing Contract for Utility Hydrogeologic & Water Resources Engineering Services
with MWH Americas, Inc. (R2011-0632) to obtain engineering /professional
services for utility related projects.
This CSA will provide for engineering and hydrogeological
services to design and permit rehabilitation or replacement of two wells at
Water Treatment Plants 3 and 9. Over
one-third of the Department's 95 wells have been in service 30 years or longer
and they are approaching their useful lifespan.
This is the second phase of a multi-year asset management plan to
rehabilitate or replace five wells per year with upgraded corrosion resistant
materials which will substantially increase their lifespan. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with MWH Americas,
Inc. provides for SBE participation of 26% overall. This Authorization includes 30.39% overall participation. The cumulative SBE participation,
including this Work Authorization, is 30.73% overall. MWH Americas, Inc. is a local company. (WUD
Project No. 13-080) District 5 (JM)
3. Staff recommends motion
to approve: three
Subordination of County Utility Interests Agreements with the Florida
Department of Transportation (FDOT) for the subordination of three utility
easements along Military Trail and
Community Drive. Summary: The County presently has
an interest in certain lands along Military Trail and Community Drive that have
been determined necessary for highway purposes. This will require subordination of the County interest to the FDOT. If
necessary, the FDOT is willing to pay to have the County’s facilities relocated
to prevent conflict. The Water Utilities Department concurs with this request
and recommends the subordination of the three utility easements. There are no
costs associated with the subordination of the easements. District 7 (MJ)
4. DELETED
5. DELETED
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
6. Staff recommends
motion to approve: a one-year extension to all Water Utilities Department
Development Agreements and Renewal Agreements that were scheduled to expire on
or after September 30, 2013 and before September 30, 2014. Summary: Developers who meet certain criteria as
outlined in the Water Utilities Department’s Uniform Policies and Procedures
Manual (UPAP) are required to enter into Development Agreements (Agreement) to
reserve potable water, wastewater, and/or reclaimed water capacity (Capacity)
for their projects. The terms of the
Agreement require the submittal of a Mandatory Agreement Payment (MAP) to
reserve Capacity for a period of five years. Any unused Capacity remaining in
the Agreement after five years can be renewed for one additional five year term
upon payment of another MAP and execution of a Renewal Agreement. No further renewals are available after ten
years as prescribed by UPAP. However,
the Palm Beach County Board of County Commissioners (Board) recognized the
impact the downturn in the economy was having on development in the County and
approved an one year extension of these Agreements on January 13, 2009 (Agenda
Item 3K-1). An additional extension was
approved by the Board through its authorization to include these Agreements as part of
Section 14(1), Chapter 2009-06, Laws of Florida. This measure provided a two year extension for Agreements
expiring between September 1, 2008, and January 1, 2012. Additional extensions were approved by the
Board on September 13, 2011 (Agenda Item 6G-1) and August 14, 2012 (Agenda item
3K-1). Although the economy is showing signs of improvement, sustainable
development activity in the County is undeterminable at this time. Therefore, WUD is once again recommending to
the Board the approval of a one year extension on these Agreements. As can be
seen from Attachment 1 (to the Agenda Item), List of Expiring Agreements FY
2014, the benefit applies not only to the larger developers but also to
hundreds of smaller entities with development agreements with WUD. Districts 1, 2, 3, 5 & 6 (MJ)
7. Staff recommends
motion to approve: Change Order No.
1 to the Contract with R.J. Sullivan Corporation (R2012-0600) for the
construction of a Vacuum Wastewater Pumping Facility, decreasing the contract
price by $8,641.90 with a 119 day time extension. Summary: On April 17, 2012, Palm Beach County Board of
County Commissioners (BCC) approved the contract with R.J. Sullivan Corporation (R2012-0600) for the construction of a
Vacuum Wastewater Pumping Facility. This
change order authorizes the contractor to include several items that were not
included in the original design but were required to complete the project, the
deletion of an item, and unused allowance. Funding for this project has been
provided by the Palm Beach County Department of Economic Sustainability (DES)
under the Community Development Block Grant Program (CDBG) ($985,400) and by
Palm Beach County Water Utilities Department (WUD) ($203,600). This Contract is
the complement of the Belvedere Homes Infrastructure project that includes the
construction of a vacuum type sewer collection system. The Contract’s M/WBE
goal is 22.4% with 6.9% female participation goal for trades rather than the
County’s SBE goals because the project is partially funded by a federally
grant. This Contract provides 2.15% M/WBE. This Change Order includes zero to
the M/WBE participation. R.J. Sullivan
Corporation is a local company. (WUD Project No 11-022) District 2
(JM)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to adopt: a
Resolution repealing and replacing Resolution 2009-0319, which created the
Natural Areas Management Advisory Committee (NAMAC); and providing for
re-creation of NAMAC as presently constituted, for membership, for conditions
of appointment, for meetings and organization, for duties and functions, that
Committee action is advisory only, for assistance to the Committee, for
ratification and providing for an effective date. SUMMARY:
On March 1, 2013, the Board of County Commissioners adopted
Resolution 2013-0193, which established uniform policies and procedures
applicable to all advisory boards created by Palm Beach County. Resolution 2013-0193 provides that no
advisory board member shall serve more than three consecutive three year terms.
To make the Resolution establishing NAMAC consistent with this directive, and
to set all NAMAC member three year terms from October 1 to September 30th,
it is necessary to repeal and replace Resolution 2009-0319 to provide for term
limits consistent with Resolution 2013-0193. Countywide (SF)
2. Staff recommends
motion to accept: a Revocable Partial Assignment of an Undivided
Interest of Rights Under Easement Deed (Assignment)
from the South Florida Water Management District, a government entity existing
under Chapter 373, Florida Statutes (District).
SUMMARY: The District is
the beneficiary of an easement for operation
of the west leg of the C-18 Canal for water control, conservation, and other
public purposes (hereinafter referred to as the “Easement”) that was originally
granted on July 26, 1954, and recorded in Deed
Book 1097, at page 261, of the Public Records of Palm Beach County,
Florida. Palm Beach County’s
Hungryland Slough Natural Area (HSNA) adjoins the west leg of the C-18 Canal to
the north and the County’s Department of Environmental Resources Management (ERM)
operates a surface water management system on that land. This system includes water control structures
that provide water outfalls from the HSNA into the west leg of the C-18 Canal. In order to provide operational flexibility
and more importantly, access to these structures for the County, the District
desires to partially assign its rights under the Easement to the County. ERM also desires to obtain
these Easement rights for securing
direct access to its water control structures in addition to natural area
management accessways and increased flexibility for
ERM and its contractors for management of the HSNA. District 1
(HJF)
3. Staff recommends
motion to approve: Contract
with Taylor Engineering, Inc. (Taylor) for continuing professional coastal and
marine engineering consultant services, effective for two years through
September 30, 2015. SUMMARY: Taylor, a Palm
Beach County company, will provide professional coastal and marine engineering
services on a task order basis for various projects within the Department of
Environmental Resources Management and other departments. Taylor has agreed to SBE-M/WBE participation
of 20%. The Contract contains an option
to renew for one additional year. Countywide
(JM)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff
recommends motion to:
A) approve
the Joint Partnership
Agreement (R2009-0864) Amendment No. 3 with the Florida Department of
Transportation (FDOT) to increase funding by $1,200,000 and modify the wetland
mitigation area to include a portion of Bryant Park;
B) adopt
a Resolution to authorize
entering into this Amendment as a requirement of FDOT;
C) approve a Budget Amendment of $1,200,000 in the
Environmental Resources Capital Fund to recognize the revenues from Amendment
No. 3; and
D) authorize the County Administrator, or his designee,
to sign all future time extensions, task assignments, certifications and other
documents associated with Amendment No. 3 and any necessary minor amendments to
those documents that do not change the scope of work or terms and conditions of
the Agreement.
SUMMARY: Amendment No. 3 to Agreement (R2009-0864) will provide an additional $1,200,000 from
FDOT and expand the mitigation area to include four acres of wetlands within a
submerged area off of Bryant Park in Lake Worth. Work will be completed by June 30, 2014. Matching funds are not required. District 3 (SF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff
recommends motion to:
A) approve
Grant Agreement No. 14PB1
with the Florida Department of Environmental Protection (FDEP) for $2,500,000
cost share for the Jupiter/Carlin Shore Protection Project ending December 31,
2014;
B) approve Grant Agreement No. 14PB2 with the FDEP for
$1,114,000 cost share for the Ocean Ridge Shore Protection Project, ending
December 31, 2014;
C) approve Change Order No.1 to Grant Agreement No. 13PB1
(R2012-1823) with the FDEP for the Ocean Ridge Shore Protection Project to
modify forms;
D) approve Amendment No. 2 to Grant Agreement No.
11PB1 (R2011-0930) with the FDEP for the South Lake Worth Inlet Management Plan
Implementation Project (SLWIMP), extending the agreement to December 24, 2014;
E) approve Budget Amendment of $3,614,000 in the Beach
Improvement Fund to recognize the revenue for 14PBI Jupiter/Carlin ($2,500,000)
and 14PB2 Ocean Ridge ($1,114,000); and
F) authorize the County Administrator, or his designee,
to sign all future time extensions and other necessary minor amendments that do
not significantly change the scope of work or terms and conditions of
Agreements 14PB1, 14PB2, and 13PB1.
SUMMARY:
Agreement Nos. 14PB1 and 14PB2 provide for reimbursement of funds which
will be expended by the County
for construction of the Jupiter/Carlin and Ocean Ridge projects,
respectively. Under the terms of each
Agreement, fifty percent (50%) of the
non-Federal project costs are eligible for reimbursement. The County is responsible for the local match
requirement of fifty percent (50%) of the non-Federal share, or $2,500,000 for
Jupiter/Carlin, and $1,114,000 for Ocean Ridge, which is available in the Beach
Improvement Fund from tourist development taxes. Reimbursement for each Agreement is
retroactive to January 1, 2013, and each Agreement terminates December 31,
2014. Change Order No. 1 of Agreement No. 13PB1 modifies Request for Payment
forms and updates the FDEP address and mailing station information.
Reimbursement is retroactive to September 1, 2010, and the Agreement terminates
September 1, 2014. There is no cost to
the County. Amendment No. 2 of Agreement
No. 11PB1 extends the termination date to December 24, 2014, and provides for
the reimbursement of funds previously allocated in Amendment 1. Under the terms of the Agreement, up to 75% of
the eligible construction costs will be reimbursed by the State. This is an
inlet management project. Districts 1 & 4 (SF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6. Staff
recommends motion to receive and file four documents:
A) Cooperative Agreement No. 2 to Grant and Cooperative Agreement L11AC20221
(R2011-1394) with the U.S. Bureau of Land Management (BLM) recognizes an award
of $100,000 for the third of a five year Agreement to enhance, restore, and
monitor natural resources within the Jupiter Inlet Lighthouse Outstanding
Natural Area (JILONA);
B) Change Order No.1 to the Department of Environmental Protection (DEP)
Agreement No. 11PB1 (R2011-0930) changes paragraph 12 to update the Request for
Payment forms and revises paragraph 22 to change the DEP address;
C) Change Order No.1 to the Department of Environmental Protection (DEP)
Agreement No. 08PB4 (R2010-1322) changes paragraph 13 to update the Request for
Payment forms and revises paragraph 23 to change the DEP address; and
D) Change Order No.1 to the Department of Environmental Protection (DEP)
Agreement No. 06PB2 (R2007-0046) changes paragraph 13 to update the Request for
Payment forms and revises paragraph 22 to change the DEP address.
SUMMARY:
On September 13,
2011, the Board of County Commissioners approved Grant and Cooperative
Agreement L11AC20221 (R2011-1394).
Delegated authority to execute all future modifications was provided at
that time. $100,000 is included in the
FY 14 Budget. On June 21, 2011, the
Board of County Commissioners approved DEP Agreement No. 11PB1 (R2011-0930).
Delegated authority to execute all future changed orders was provided at that
time. On August 17, 2010, the Board of County Commissioners approved DEP Agreement
No. 08PB4 (R2010-1322). Delegated authority to execute all future change orders
was provided at that time. On January 9,
2007, the Board of County Commissioners approved DEP Agreement No. 06PB2 (R2007-
0046). Delegated authority to execute all future change orders was provided at
that time. Countywide (SF)
7. Staff recommends
motion to:
A) approve Agreement
Contract No. 020316 with the Florida Department of Agriculture and Consumer
Services (FDACS) for mosquito control activities performed by the Department of
Environmental Resources Management, for the period October 1, 2013, through
September 30, 2014 for an amount not to exceed $30,000;
B) approve Budget Amendment of $11,500 to re-align the
2014 Budget to reflect the award amount; and
C) authorize the County Administrator, or his designee, to sign all future time
extensions, task assignments, certifications, and other forms associated with
this Agreement, and necessary minor amendments that do not change the scope of
work, terms or conditions of this Agreement.
SUMMARY: The
Agreement provides Arthropod Control State Aid of up to $30,000 in quarterly
installments with monthly reporting requirements regarding mosquito control
activities. No match is required. The FDACS Form 13617 Certified Budget must be
delivered to Tallahassee by November 1, 2013. Countywide (SF)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
8. Staff recommends
motion to approve: a Contract with the Palm Beach County Sheriff’s
Office to provide continued law enforcement services on County-owned
conservation lands and natural areas for a period of thirty-six months
beginning October 1, 2013 and ending September 30, 2016, for $451,341 in the
first year. SUMMARY: This Contract provides for four full-time
Sheriff’s Deputies to patrol the County’s conservation lands and natural
areas. Funding for this Contract comes
from the Ag Reserve Land Management Fund, a non-ad valorem source. Annual
increases are not to exceed 8% per year.
There is a provision in this Contract that provides for an additional
deputy if an outside funding source can be arranged. Countywide (SF)
9. Staff recommends
motion to approve: reappointment of the following individuals to the
Natural Areas Management Advisory Committee (NAMAC) for a three year term
beginning October 1, 2013, through September 30, 2016:
Nominee Seat
No. Representing Nominated by
Russell Ruskay
4 Municipal Parks
& Recreation Program Comm. Burdick
Comm.
Taylor
Comm.
Valeche
AND
Allen
Trefry 7 Citizen with Interest in
Preservation & Comm. Abrams
Conservation of
Natural Areas Comm. Burdick
Comm.
Taylor
Comm.
Valeche
SUMMARY: On February
24, 2009, the Board of County Commissioners (BCC) adopted Resolution No. 2009-0319 which re-established
NAMAC with seven at-large members.
Pursuant to Resolution No. 2009-0319 the composition of NAMAC is as
follows: one member with experience in the management of natural areas, one
biological scientist, one professional educator with knowledge of South Florida
ecosystems, one representative of a local municipal government public
recreation program, one member of the Palm Beach County Parks and Recreation
Department staff, two citizens having an interest in preservation and
conservation of natural areas. On October 1, 2013, the BCC will consider a
proposal to re-establish NAMAC with the same seats and representation, but with
the proposal to add term limits of no more than three consecutive three-year
terms for any member of NAMAC. A
memorandum from Environmental Resources Management was sent to the BCC on
August 16, 2013 advising them of the need to appoint or reappoint members to
fill the above seats. Both Mr. Ruskay and Mr. Trefry expressed
their willingness to continue the duties of Seats 4 and 7, respectively, for
another term. All of the nominees meet
the necessary requirements. Countywide (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Budget Transfer of $300,000 within Park Impact Fees
Zone 2 from Reserves to the Okeeheelee
South Park Development Phase III
project. Summary: This Budget Transfer is
necessary to continue the environmental restoration and park development
program at Okeeheelee Park South. This budget transfer will fund exotic
vegetation removal work on over 145 acres in preparation of constructing new
equestrian, bike and pedestrian trails.
Native wildlife habitats will be created within this park with a focus
on balancing passive public recreational uses.
This environmental restoration and park development program is essential
work toward the establishment of a Natural Areas Management Plan for Okeeheelee
Park South to prevent future wildfires and safely open this park to the
public. Funding for this budget transfer is from the Park Impact Fees Zone 2
reserve. District 2 (AH)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file: a
fully executed Amendment 1 to Agreement with the State of Florida Department of
Environmental Protection (FDEP) for Land and Water Conservation Fund (LWCF) Project
Number 12-00583 for John Prince Memorial Park - Phase IV to extend the project
completion date from March 14, 2014, to March 14, 2015. Summary: On May
18, 2010, the Board authorized submission of a LWCF grant application for
improvements at John Prince Memorial Park Phase IV, R2010-0792. The Board also authorized the County
Administrator or his designee to execute the Project Agreement and other
standard state and/or federal grant forms related to this project. The grant
was approved and the Project Agreement, R2011-1058, provided a grant term from
March 14, 2011 to March 14, 2014. The
County requested an Amendment to the Agreement extending the grant term for one
year. The Director of Parks and
Recreation Department executed the Amendment on behalf of the Board as
authorized, and the Amendment is now being presented to the Board to receive
and file. District 3 (AH)
3. Staff recommends
motion to approve: Work Order No. PR 75826 in the amount of
$203,625 to resurface the cart paths at Southwinds Golf Course utilizing the
Annual Pathway and Minor Construction Contract R2013-0427 with Wynn & Sons
Environmental Construction Co., Inc. Summary: Approval
of this Work Order No. PR 75826, Annual Contract No. 2013051, will provide the
contractual services necessary to resurface the cart paths at Southwinds Golf
Course. The proposed work will replace
ageing and damaged asphalt, eliminate hazardous cracks, crevices and potholes,
and mill badly rooted areas. Per County PPM CW-F-050, this Work Order exceeds
the threshold relating to staff approvals of contracts, thus requiring the
Board of County Commissioners’ approval. District 5 (AH)
N. LIBRARY
1. Staff recommends
motion to receive and file: a
Cooperative Agreement with Literacy*AmeriCorps through the Literacy Coalition
of Palm Beach County. Summary: On June 18, 2013, the Board
approved a site application (R2013-0772) for the County Library’s participation
in the Literacy*AmeriCorps PBC Program for the period of August 12, 2013,
through July 31, 2014, and authorized the County Administrator to execute the
agreement. This Agreement will provide the County Library with one full-time
Literacy*AmeriCorps member. This member will offer conversational English
programs and oversee the literacy learning computer lab. The Library will pay a service fee of $5,700
to the Literacy Coalition of Palm Beach County and business-related mileage to
the member up to $2,800. AmeriCorps, with supplemental funds from the
Coalition, will cover all other expenses including Workers’ Compensation,
liability, and health care coverage. Countywide (AH)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
N. LIBRARY (Cont’d)
2. REVISED BACKUP:
Staff
recommends motion to approve: reappointment of the following at-large
member of the Library Advisory Board for a term of three years, effective
October 1, 2013 to September 30, 2016:
|
Nominee |
Seat No. |
Requirement |
Nominated
by |
|
Rosalie
Krasnow |
15 |
Resident
of PBC |
Mayor
Abrams |
|
|
At
Large |
Library
District |
Vice-Mayor
Taylor |
|
|
|
|
Commissioner
Valeche |
|
|
|
|
|
Summary: Chapter 2000-405, Laws of Florida establishes a requirement for a Library
Advisory Board consisting of fifteen members; one at-large and fourteen
district appointees. Ms. Krasnow has served on the
Library Advisory Board since 1999. She is eligible to serve another three year
term and has expressed a desire to be reappointed. A memo was distributed to the Board of County
Commissioners on August 8, 2013 requesting nominations. No other nominations were
received. Countywide (AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to:
A) accept
a Grant for $1,000 for 4-H projects funded by The Florida Agriculture in the Classroom,
Inc.’s Grants Committee as part of its 2013 Florida Agriculture in the
Classroom Volunteer Grants program to be completed by June 30, 2014; and
B) approve
a Budget Amendment of $1,500 in the Cooperative Extension Service Revenue Grant
Fund to establish revenue and grant expenditure budget for the grant and for a
$500 donation from the Florida 4-H Foundation; and
C) authorize the County Administrator or his designee to
execute any certifications, or standard forms that do not change the scope of
work or terms and conditions of the grant application.
SUMMARY:
On March 13, 2013, the Palm
Beach County Cooperative Extension Service Department submitted an electronic
grant application for $2,500 to Florida Agriculture in the Classroom, Inc.
(Florida Ag). Florida Ag approved the grant application and awarded the County
$1,000 to partially fund 4-H for the Fall Family Festival and 4-H Open House
projects to be held on October 20, 2013 at the Palm Beach County Cooperative
Extension Office and The Mounts Botanical Garden of Palm Beach County. A County
match of $500 will be provided by the Florida 4-H Foundation. Funds will be used to develop three
agriculture displays. District 7 (AH)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE COMMISSION
1. Staff
recommends motion to:
A) approve an
Interlocal Agreement to reinstate and amend the original Interlocal Agreement with the Palm Beach County
Sheriff’s Office (R2012-0263);
and
B) receive and file
Grant Adjustment Notices revising the budget and extending the expiration date
to September 30, 2013.
SUMMARY: Grant funds previously covered the cost of security
at the Juvenile Assessment Center (JAC). The Department of Juvenile Justice
assumed that responsibility beginning September 1, 2012. Remaining Justice Assistance Grant funds from
FY 2012 are being redirected to equipment and capital outlay to support the JAC
which relocated in late December 2012.
An extension of time is required to fully complete the purchasing of
equipment. The Grant Adjustment Notice, 10, has been
executed on behalf of the Board of County Commissioners by the County
Administrator/Executive Director of the Criminal Justice Commission in accordance
with Resolution R2011-1213, and is now being submitted to the Board to receive
and file. Florida Department of Law Enforcement issued Grant Adjustment Notice
9 for administrative purposes. Countywide (PGE)
2. Staff recommends
motion to:
A) receive
and file a Second Chance Act Demonstration Program Grant Application and
Award Supplement from the Department of Justice (DOJ) for $1,500,000 beginning
October 1, 2013, through September 30, 2015, to fund an ex-offender reentry
program; and
B) approve
a Budget Amendment for $1,500,000 in the Second
Chance Act Grant Fund to establish budget for the ex-offender reentry program.
SUMMARY: Palm Beach County accepted a grant award of
$750,000 from the Department of Justice (R2012-1428) on October 2, 2012 to
facilitate the successful reintegration of offenders as they return to the
community in partnership with the Florida Department of Corrections. Palm Beach County was recently awarded a $1,500,000
supplement to this grant to continue services from October 1, 2013, through
September 30, 2015. Agenda Item (R2012-0840) provided delegated authority to
submit the application and accept the grant. The grant program, the Regional
and State Transitional Offender Reentry (RESTORE) Initiative, utilizes the Sago
Palm and West Palm Beach Work Release facilities. The ex-offenders will be provided with pre
and post release services to assist in their transition back into the
community. A 100% match ($1.5M) is required and funds have been identified
totaling $40,092 in-cash and $1,459,908 in-kind. Countywide (PGE)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve and ratify: the re-opener amendment of
Article 28-Vacations, to the Collective Bargaining Agreement with the
Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF,
Inc.
Summary: In accordance with Article 28, Section 6 of the current Collective
Bargaining Agreement (CBA), October 1, 2012, through September 30, 2015
(R2013-0493), the Fire Rescue Administrator and President of the Professional
Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc (Union)
agreed to reopen Article 28 of the CBA regarding Vacations. The revisions defined a broader countywide
vacation selection for the District Chief/Captain positions, addressed limits
for Firefighter/EMT positions so they are interchangeable with regard to
vacation selection, and deleted Section 6 to remove the option for any future
reopener of Article 28 prior to the expiration of the current CBA. The changes to the Article were voted on
during two Union meetings on August 20th and August 21st, passed and therefore,
were ratified. Countywide (SB)
2. DELETED: Staff recommends motion to
approve: an Interlocal Agreement for Fire Protection
and Emergency Medical Services with the Town of Jupiter. Summary: The
existing eleven year agreement (R2002-1210) with the Town of Jupiter expires on
September 30, 2013. The proposed ten
year agreement provides for the Town to receive fire, rescue and emergency
medical services from the County through the County’s established Jupiter
Municipal Service Taxing Unit (MSTU).
The cost of services will be funded by EMS transport fees, non-emergency
service fees, and ad valorem taxes levied through the Jupiter MSTU. The Town’s
contract price for first year (FY 2014) is $14,874,897 which shall be collected
through the Jupiter MSTU. The Town adopted Ordinance Number 42-13 to extend
inclusion in the Fire/Rescue MSTU through tax year 2022 to fund service through
September 30, 2023. The Agreement outlines certain terms regarding the
provision of services and funding. Countywide (SB)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve:
A) Amendment No. 4
to the Software License Agreement with SCT Government Systems, LLC (R1998-1540
& 1541) to reflect corporate name change through conversion to Xerox
Government Systems, LLC, 8260
Willow Oaks Corporate Drive, Fairfax VA., 22031 ATTN: ALG Contracts/Justice
Solutions. ACS was purchased by Xerox Corporation in 2010 and officially
changed their name to Xerox Government Systems, LLC on March 25, 2013; and
B) Amendment No. 9
to the Technical Currency Program (TCP) Agreement with Xerox Government
Systems, LLC (R2003-1017), to extend the software maintenance coverage for the
following component modules of the Banner Courts system: Civil, Juvenile,
Extended Case Information and Accounting, at an annual fee of $245,752 for the
period of October 1, 2013, through September 30, 2014.
SUMMARY: The TCP
License Agreement was initially entered into by Palm Beach County and SCT (now
Xerox) on September 29, 1998 (R1998-1540 & 1541), for annual maintenance of
the Justice Information System (JIS) which included modules for Civil,
Juvenile, Criminal, and Traffic Courts, and Jury Management. The TCP
Agreement provides for software maintenance coverage and establishes the amount
of the annual payments to Xerox. The current TCP agreement expires September
30, 2013 and this extension of the agreement will begin October 1, 2013 to
provide a continuation of software maintenance coverage by Xerox. After
the Clerk & Comptroller’s new case management system is fully implemented,
annual software maintenance cost will decrease to $4,885 for the Jury
Management module, the only Xerox software product which will remain in use by
the Clerk & Comptroller. Jury Management software maintenance has been
extended under a separate contract amendment. Xerox Government Systems,
LLC is based in Fairfax, VA. Countywide (PFK)
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: Modification No. 2 to the Subgrant Agreement 11-DS-9Z-10-60-01-445 with the State of
Florida, Division of Emergency Management (FDEM) under the State Homeland
Security Grant Program (SHSGP) Contract 2011 in the amount of $95,245 to reinstate
and extend the Agreement from June 30, 2013 to July 31, 2013. SUMMARY: The County was awarded $95,245 from the
State of Florida, Division of Emergency Management to conduct planning,
training and exercise activities in order to develop, and enhance emergency
preparedness capabilities. A request to
extend the grant from June 30, 2013 to July 31, 2013 has been approved. R2012-1731
gave the authority to the County Administrator, or his designee, to execute
these agreements on behalf of the Board of County Commissioners. No County matching funds are required. Countywide
(PGE)
OCTOBER 1, 2013
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to receive and file: the following executed reinstated and amended agreements with the Fifteenth
Judicial Circuit Court (Court) for the period July 1, 2013, through June 30,
2015:
A) Agreement
Reinstating and Amending the Terms of Original Agreement for Expert Witness
Professional Services for Juvenile Competency Evaluations & Psychological
Evaluations; and
B) Agreement
Reinstating and Amending the Terms of Original Agreement for Expert Witness
Professional Services for Adult Competency Evaluations; and
C) Agreement Reinstating and Amending the Terms of Original Agreement for
Expert Witness Professional Services Related to Appointment as an Examining
Committee Member Relating to Guardianship Matters.
SUMMARY: The Court has contracted with the Division of Justice Services to
provide court ordered forensic evaluations and testimony through Justice
Services’ Forensic Psychology Office. Seniors, adults, teens and children
throughout the county are directed to the Forensic Psychology Office with the
appropriate Court Order, outlining which specific evaluation is required. The
scope of services provided in the original agreements (R2012-1726, R2012-1727, R2012-1728) includes competency and psychological
evaluations for adult and juvenile criminal matters and appointment as an
examining committee member relating to guardianship matters. These agreements
compensate Justice Services Forensic Psychology Office for the psychological
services provided. These amendments extend the contract termination dates from
June 30, 2013 to June 30, 2015. R2005-0792 authorizes the County Administrator
or his designee to execute contracts to provide psychological services to the
Fifteenth Judicial Circuit Court. Countywide (PGE)
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A) the purchase of airport liability insurance, for the period October 10,
2013, through October 10, 2014; to be purchased through the County’s contracted
broker, Arthur J. Gallagher & Co. for a total not to exceed cost of
$121,000; and
B) a correction to the County’s Self Insured
Retention Plan (SIRP) Document to accurately reflect the $500 deductible for auto
comprehensive and collision losses.
Summary: The not-to-exceed estimated total cost of $121,000 for airport
liability insurance represents a 5% increase over the expiring premium of
$115,093 and is attributable to additional federal fees. The overall aviation
insurance market is stable and the County’s proactive approach to controlling
losses continues to keep premiums very reasonable for an agency of this size. The correction to the SIRP is needed to
simplify deductibles in accordance with the reporting guidelines set forth in
Countywide PPM CW-F-075. Countywide (TKF)
* * * * * * * * * * * *
OCTOBER 1, 2013
4. PUBLIC HEARING – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends motion to adopt: a Resolution confirming the special assessment process for the El Paso Drive, Pinto Drive and Pancho Way, east of Blanchette Trail paving and drainage improvement (Project). SUMMARY: Adoption of this Resolution will allow Palm Beach County to assess the fixed amount of $10,000 to each property owner. The Board of County Commissioners assigned a fixed assessment for this Project at the October 16, 2012 meeting. Assessments will be payable in 20 equal annual installments at an interest rate of 5% per annum. The Project includes new roadway pavement, driveway reconstruction, and a storm water management system. District 6 (MRE)
* * * * * * * * * * * *
OCTOBER 1, 2013
A. ADMINISTRATION
1. Staff recommends
motion to approve: the
disbursement of funds from the marketing reimbursement fee received by Palm
Beach County from the National Association of Counties’ (NACo)
Prescription Drug Discount Card. SUMMARY: On June 19, 2007, the Board of
County Commissioners (BCC) approved a contract with NACo
and Caremark, for the purpose of proceeding with the Managed Pharmacy Benefit
Consumer Card Program. Palm Beach County began participating in the NACo Prescription Drug Discount Card program in September
2007. In January 2012, NACo announced the
addition of a transaction revenue sharing fee option. In June 2012, the BCC
approved this option and has received the marketing reimbursement fee of $1 for
each filled prescription. Since the start of the marketing reimbursement
fee, Palm Beach County has collected $13,487. In order to manage the
marketing reimbursement fee, the County is requesting approval to use proceeds
from the card for the following:
1)
Advertising
and marketing related to health care initiatives including the Prescription
Drug Discount Card Program
2)
Human
Services – co-pays for prescription drugs for individuals under certain income
thresholds
3)
Senator
Philip D. Lewis Center – health care needs
4)
Animal
Care and Control – medical equipment
5)
Senior
Centers – programming for health related initiatives
6)
Wellness
programs – support for County sponsored wellness programs.
Funds received from the program will be deposited in the appropriate
budget line and distributed by County Administration based on collaborative
recommendations from employees representing Community Services, Public Safety,
and Public Affairs. Countywide (DW)
2. Staff recommends
motion to approve: a Memorandum of Understanding (MOU) with the Clerk
and Comptroller and Palm Beach County for release of the IG Account Segregated
Funds. SUMMARY: The MOU provides a means for the Clerk to release funds
that were paid by certain municipalities in 2011 and the first quarter of 2012
pursuant to the terms of the funding mechanism method outlined in the Inspector
General Ordinance Sec. 2-429. Shortly after fifteen municipalities filed
suit to challenge the funding mechanism, the Clerk and Comptroller’s Office
intervened in the lawsuit to determine its rights and responsibilities under
the Ordinance. Since then, the Clerk has not invoiced the municipalities
pursuant to the Ordinance, and has not released the funds initially paid by the
municipalities. Under this MOU, a total of $223,588 will be released by the
Clerk to help fund Inspector General operations. Countywide (LB)
3. Staff recommends a
motion to receive and file: Status report on the Seven50 Plan. SUMMARY: Seven50 (seven counties,
50 years) is a planning blueprint for enhancing Southeast Florida for the
future. A presentation will be made by Treasure Coast Planning Council
and South Florida Regional Partnership staff. Countywide
OCTOBER 1, 2013
5. REGULAR
AGENDA
B. COUNTY
ATTORNEY
1. Staff recommends
motion to:
A) approve a Contract for Professional Legal Services with the law firm of Harris
Penn Lowry LLP to represent the County on a contingency basis in litigation for
violations of the federal Fair Housing Act (FHA); and
B) provide direction to the County
Attorney on which potential defendants should be sued.
SUMMARY: Preliminary research of federal government-mandated lending data
indicate that mortgage origination and lending activities were targeted at
minority borrowers in the County, in violation of the FHA. Taxing authorities in other states have
brought suit for damages they have incurred to their tax bases, as well as for
direct expenses arising out of Code Enforcement, police responses, and other
costs caused by the FHA violations.
Harris Penn Lowry LLP, which has its principal office in Atlanta,
Georgia, was the only law firm to respond to the County’s request for proposals
for legal services on this matter. The
firm will bear the risk of all litigation-related expenses until there is
either a settlement or a judgment in the County’s favor. The County Attorney requests direction as to
which potential defendants should be directly sued as opposed to negotiated
with in the context of lawsuits brought by other taxing authorities. Countywide
(AJM)
OCTOBER 1, 2013
5. REGULAR
AGENDA
C. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
October 22, 2013 at 9:30 a.m.: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Chapter 2 of the Palm Beach County Code (Ordinance No. 2003-030,
amended by Ordinance No. 2008-007);
pertaining to criminal history record checks; amending section 2-373 of
the Palm Beach County Code (Definitions); amending section 2-374 of the Palm
Beach County Code (Critical Facilities Determination); amending section 2-375
of the Palm Beach County Code (Criminal History Record Checks); amending section 2-376 of the Palm Beach
County Code (Alternative Compliance); providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the code of laws and
ordinances; and providing for an effective date. SUMMARY: This Amendment modifies the County’s program for
conducting criminal history record checks on contractors, vendors, repair and
delivery persons who require unescorted access to Critical Facilities by adding
a requirement for criminal history record checks for unescorted access to
Criminal Justice Information Facilities (CJI Facilities). The Amendment is required by the Criminal
Justice Information Services Security Policy (CJIS Policy) implemented by the
Criminal Justice Information Services Division of the Federal Bureau of
Investigation (FBI CJIS Division). CJI Facilities are those facilities or areas
that contain or house law enforcement agency criminal justice information. CJI Facilities will be identified by Board
resolution. The CJIS Policy assigns
implementing responsibility for performing criminal history record checks at
CJI Facilities to local law enforcement or the Florida Department of Law
Enforcement (FDLE). Therefore, the
Amendment assigns implementing responsibility for access to CJI Facilities to
the Palm Beach County Sheriff’s Office (Sheriff’s Office). The disqualifying
criminal offenses for CJI Facilities are identified in Appendix B to the
Ordinance and include all misdemeanors, felonies, warrants and arrests. The
Sheriff’s Office in conjunction with the FDLE may review misdemeanors, pending
charges, arrests and warrants to determine whether these are disqualifying
offenses based on the access requested.
The Sheriff’s Office shall develop procedures for implementation of its
responsibilities pursuant to the Amendment.
Alternative compliance is amended to exclude Florida security guards who
are already required by County to obtain criminal history record checks from
the State, but only in the year that the State performs the record checks and
to exclude volunteers of the Palm Beach County Sheriff’s Office, State
Attorney’s Office and the Clerk & Comptroller’s office. (ESS) Countywide (JM)
OCTOBER 1, 2013
5. REGULAR
AGENDA
D. PALM TRAN
1. Staff recommends
motion to:
A) waive the Board of County Commissioner policy
that limits advisory board members to eleven members under Resolution No.
R2013-0193; and
B) approve the
new appointment of four At-Large members and reappointments of four At-Large
members to the Palm Tran Service Board (PTSB):
Nominee Category, Seat Number Term to Expire Nominated By
NEW APPOINTMENTS
Vivian
D’Angio Environmental Advocate 09/30/2016 Comm. Burdick
Seat #3 Comm.
Taylor
Comm.
Vana
Comm.
Valeche
Maurice
J. Jacobson Certified Paratransit User 09/30/2016 Comm. Burdick
Seat #8 Comm.
Valeche
Comm.
Vana
William
McDonald Regular Fixed Route
Passenger 09/30/2016 Comm. Burdick Seat #9
Beverly
J. Scott Resident
of the Glades/Lake 09/30/2016 Comm. Santamaria Region Area of Palm
Beach
County -
Seat #13
REAPPOINTMENTS
Wendy
K. Harrison Elected Municipal
Official 09/30/2016 Comm. Abrams
Seat #4 Comm.
Burdick
Comm.
Taylor
Comm.
Vana
Comm.
Valeche
Frank
Stanzione Fixed
Route Bus Operator 09/30/2016 Comm. Burdick
Seat #10 Comm.
Taylor
Comm.
Vana
Comm.
Valeche
Robert
Templeton Business Community 09/30/2016 Comm. Burdick
Representative,
Seat #5 Comm.
Taylor
Comm.
Valeche
Roberta
Van Sickle Disability Advocate 09/30/2016 Comm. Burdick
Seat #2 Comm.
Santamaria
Summary: The Palm Tran
Service Board is composed of thirteen at-large members. The new appointments
listed above have expressed their desire to become members of the PTSB. Mr.
Jacobson, one of the new appointments listed, was previously a member of the
Board but due to health issues was removed by application of the absence rule.
His health has improved and he wishes to become a member of the Board again.
The above incumbents of Seats 2, 4, 5 and 10 are members in good standing and
have expressed their desire to continue to serve subsequent terms. Staff is requesting a waiver to the Board of
County Commission Policy under Resolution R2013-0193 that limits membership to
eleven members. Staff is recommending the composition remain at thirteen
members. With these appointments one seat remains vacant and staff is working
to identify interested candidates to fill this vacant seat. Countywide
(DR)
OCTOBER 1, 2013
5. REGULAR
AGENDA
E. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A) Second annual option to renew the Administrative Services Only (ASO)
Agreement (R2011-1667) dated October 31, 2011, with CIGNA Health and Life
Insurance Company (CHLIC) for claims administration services for the County's
self-funded HMO and POS health insurance plans for the period January 1, 2014
through December 31, 2014; and
B) CHLIC's proposed administrative fees, access fees and specific stop loss
premiums estimated at $2,353,808 for plan year 2014; and
C) The actuarial rates per coverage tier for plan year 2014; and
D) Employee wellness participation cash incentives in the amount of $25 for
completion of the online Health Risk Assessment (HRA) and $25 for participation
in an onsite biometric screening.
Summary: Staff recommends Board approval of the second annual option to renew the
ASO Agreement with CHLIC for the period January 1, 2014, through December 31, 2014,
on behalf of the employees of the Board of County Commissioners (Board), Supervisor
of Elections, and Palm Tran, Inc. (collectively participating in the plan
through the provisions of Interlocal Agreement 2002 2287). CHLIC’s estimated
fees of $2,353,808 represent a reduction of $71,914 over the expiring contract
primarily due to a recommended adjustment to the stop-loss limit of $600,000
per claim (from $550,000), based on favorable experience. The total projected health
plan and administrative expense for plan year 2014 is $64,793,382, representing
an increase of $407,961 over the projected 2013 expense at the same time last year.
Although enrollment continues to trend downward over last year, allowances were
made for an estimated 85 employees who currently opt out of the Board’s health
plan and may enroll in the health plan in 2014 due to the individual coverage
mandate of the Affordable Care
Act (ACA). Also effective in 2014, the ACA will require health plans to limit
out-of-pocket maximums to a total of $6,350 annually. Therefore, the current
out-of-pocket maximum plan provisions will be amended to include physician
office and pharmacy copayments, which were previously not capped. Due to
favorable claims experience and a projected operating gain of $4.3 million for
2013, staff is recommending employee contributions and cost-sharing remain
unchanged for plan year 2014, and that an employee cash incentive for
participation in certain components of the wellness program be continued and
increased from $25 to a possible $50 per employee for the 2014 plan year. Sufficient
funds have been budgeted to fund the program. Countywide (TKF)
OCTOBER 1, 2013
5. REGULAR
AGENDA
F. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
1. Staff
recommends motion to:
A) approve a loan in the amount of $190,000 to the
Westgate/Belvedere Homes Community Redevelopment Agency (CRA) to allow the CRA
to meet its debt service payment on its $3.38 Million Redevelopment Revenue
Refunding Bonds, Series 1999, to be repaid from the CRA’s Tax Increment
Financing (TIF) revenues by January 15, 2014; and
B) adopt
a Resolution of the Board
of County Commissioners of Palm Beach County, Florida approving the
Westgate/Belvedere Homes Community Redevelopment Agency’s (CRA) Fiscal Year
2014 Budget for its Redevelopment Trust (operating) Fund, Construction Fund, Sinking
Fund and Reserve Fund.
Summary: On December 1, 1992, the CRA issued
Redevelopment Revenue Bonds for $3,000,000 to construct sewer facilities,
roadways, drainage facilities and sidewalks in the redevelopment area. On March
1, 1999, the CRA refunded these bonds and issued Redevelopment Revenue
Refunding Bonds for $3,380,000. A
principal and interest payment in the amount of $236,890 is due on November 1,
2013. The CRA will be unable to meet its
obligation at that time since they will not receive the TIF revenues from Palm Beach
County until December 2013. Therefore,
the CRA is requesting a loan from the County which will be repaid from the TIF
revenues. These advanced funds will be withheld from the December 2013 TIF
payment. The Budget, in the amount of
$7,033,185, is composed of four components. The first component, the
Redevelopment Trust Fund, in the amount of $1,562,413, consists of the CRA’s
Annual Tax Increment Financing and balance brought forward from previous years.
The second component, the Construction Fund, in the amount of $4,940,000,
consists of balances of reimbursable grants awarded to the CRA by County,
State, and Federal governments for construction activities. The third component
is the Sinking Fund, in the amount of $262,710, which consists of one (1)
annual payment from TIF revenues to repay the revenue bond reissued in 1999 to
retrofit infrastructure in the Westgate area. The last component is the Reserve
Fund, in the amount of $268,062, which consists of a one-year security payment
(principal and interest) held in escrow for the March
1, 1999, Redevelopment Revenue Refunding Bonds in the amount of $3,380,000. Districts
2 & 7 (RB)
* * * * * * * * * * * *
OCTOBER 1, 2013
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 1, 2013
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
OCTOBER 1, 2013
A. ADMINISTRATION
COMMENTS
A request from the Palm Beach County Education Commission,
Inc. for the filling of a vacant seat designated for the Chair (Mayor) or
his/her designee. The Education Commission is a non-profit 501(c)(3) corporation that serves as a neutral forum for dialogue
among public and private entities regarding education/training opportunities
and concerns at all levels, from early childhood through adult; including
graduate degrees, industry certifications and job retraining. They do not
lobby, fund grants or determine policy. They meet in February, April,
August, October and December on the third Thursday at 8:00 am.
B. COUNTY
ATTORNEY
OCTOBER 1, 2013
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
Request approval to present off-site, a
Proclamation declaring October 6, 2013 as “German-American Day” in Palm Beach
County.
C. District
3 - COMMISSIONER SHELLEY VANA
Request approval to present off-site,
Proclamation declaring October 17, 2013 as “Lights on Afterschool Day” in Palm
Beach County.
D. District 4 – COMMISSIONER STEVEN L.
ABRAMS, MAYOR
REVISED TITLE:
Request approval to present off-site, a Certificate in Memoriam U.S.
Representative E. Proclamation declaring September 21, 2013 as “E. Clay
Shaw Day” in Palm Beach County.
E. District
5 - COMMISSIONER MARY LOU BERGER
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR, VICE MAYOR
10. 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."