October 22, 2013 – 9:30 a.m.

FINAL

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

OCTOBER 22, 2013

 

PAGE             ITEM

 

14                    3E-6                 REVISED TITLE: Staff recommends motion to approve: Contracts for Provision of Services with the below-listed agencies, for the period October 1, 2013, to September 30, 2014, in an amount totaling $319,524 $303,095 funded by the Federal fiscal year 2013-2014 Emergency Solutions Grant:

 

A)  Adopt-A-Family of the Palm Beaches, Inc. in the amount of $71,695 for financial assistance and support;

B)  Aid to Victims of Domestic Abuse, Inc. in the amount of $21,096 for emergency shelter to victims of domestic abuse and their children;

C)  The Center for Family Services of Palm Beach County, Inc. in the amount of $44,126 for emergency shelter and support services to homeless families and for homeless prevention assistance to families who are at risk of becoming homeless;

D)  Children’s Case Management Organization, Inc. d/b/a Families First of Palm Beach County in the amount of $14,112 for emergency shelter services to pregnant and parenting families who are homeless and for emergency rental and utility assistance to families who are at risk of becoming homeless;

E)  The Children’s Home Society of Florida in the amount of $12,239 for transitional and emergency shelter and related services;

F)  The Children’s Place at Home Safe, Inc. in the amount of $16,429 for residential housing to homeless abused and/or neglected children;

G) F) Coalition for Independent Living Options, Inc. in the amount of $15,869 for emergency rental assistance and utility assistance to disabled individuals/ households who are at risk of becoming homeless;

H) G)  Farmworker Coordinating Council of Palm Beach County, Inc. in the amount of $3,880 for emergency rental and utility assistance to individuals and families who are at risk of becoming homeless;

I) H) The Lord’s Place, Inc. in the amount of $20,367 for transitional shelter and support services to homeless families;

J) I) The Lord’s Place, Inc. in the amount of $20,367 for transitional shelter to homeless single men;

K) J) Vita Nova, Inc. in the amount of $49,873 for transitional shelter and support services to homeless youths and youth who are at risk of becoming homeless;

L) K)  The Young Women’s Christian Association of Palm Beach County, Florida in the amount of $9,701 for shelter to women and children who are victims of domestic abuse; and

M) L) 211 Palm Beach/Treasure Coast, Inc. in the amount of $19,770 for the administration of the Homeless Management Information System (HMIS). (Community Services)

 

24                    3I-8                  MOVED TO REGULAR (NOW 5H-1), REVISED MOTION/TITLE & SUMMARY: Staff recommends motion to approve:

 

A) adopt a Resolution by the Board of County Commissioners of Palm Beach County, Florida, recommending approval of Red Hawk Fire & Security, LLC, a limited liability company, as a Qualified Target Industry (QTI) business pursuant to s.288.108, Florida Statutes; providing for local financial support for the Qualified Target Industry Tax Refund Program not to exceed $24,500; and

 

B) approve an Economic Development Incentive Grant Agreement with Red Hawk Fire & Security, LLC in the amount of $24,500.

 

Summary: On April 2, 2013, the Board of County Commissioners (BCC) conceptually approved a Job Growth Incentive (JGI) Grant in the amount of $24,500 for Project Shield.  This Resolution discloses the company’s name, whose company name is Red Hawk Fire & Security, LLC, which was previously referred to as Project Shield.  In accordance with the Agreement, the company will expand their existing financial headquarters in Boca Raton.…(DES)

 


30                    3Q-2               DELETED: Staff recommends motion to: A) receive and file 1) a Florida Department of Law Enforcement (FDLE) grant award for $362,544 beginning October 1, 2013, through September 30, 2014 to fund drug court, law enforcement and ex-offender reentry programs;…(CJC) (Further staff review)

 

34                    3X-5                DELETED: Staff recommends motion to: A) receive and file an executed Contract with the Florida Council Against Sexual Violence (FCASV) (Contract No. 13RCP26) for the period July 1, 2013, through June 30, 2016, to receive grant funding in the amount of $46,134 for the first year (July 1, 3013 2013 to June 30, 2014) to provide sexual battery recovery services;… (Public Safety) (Further staff review)

 

40                    5F-1                DELETED:  Staff requests direction on: continuation or suspension of County-operated and contracted Head Start/Early Head Start services due to failure of the federal government to appropriate funds and issue October 1, 2013, Head Start grant awards. (Community Services) (Federal funding restored)

 

42                    5G-1               REVISED MOTION/TITLE & SUMMARY:  Staff recommends motion to:

 

A) approve a Sale and Purchase Agreement (Agreement) with the South Florida Water Management District (“SFWMD”) for the sale of 1,896 acres of the County’s Mecca property for $26,000,000; and

 

B) adopt a Resolution authorizing the Sale of the Mecca Property to SFWMD without reservation of mineral rights.

 

SUMMARY: Consistent with Board direction from the May 21, BCC meeting, this Agreement provides for the sale of the Mecca Property to the SFWMD at the County’s appraised value of $26M. The County will retain title to the 22.7 acres upon which WUD’s water plant was constructed.  The County will also have the option to buy back 98.55 acres of right-of-way for Seminole Pratt Whitney Road for $14,000/acre. This Agreement was approved by the SFWMD’s Governing Board at its October 10, 2013 meeting. SFWMD’s obligation to close under this Agreement is contingent upon approval of this Agreement by the Governor, DEP and Legislative Budget Commission.  Closing is scheduled to occur not later than December 16th of this year. The SFWMD approved a separate Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission (“FWCC”) for the conveyance of 150 acres of the Mecca Property to FWCC for development of a public          shooting range, in exchange for FWCC granting SFWMD an easement over 150 acres within the Corbett Wildlife Management Area required for SFWMD’s projects.  While there still remain numerous details to be worked out between SFWMD and FWCC: 1) SFWMD and FWCC Staff do not believe there are any fatal flaws; and 2) County Staff believes that it is in the best interest of both SFWMD and FWCC to complete an exchange. As such that there is a high probability that FWCC will ultimately acquire the land it needs for the shooting range. This sale must be approved by a supermajority vote (5 Commissioners). (PREM) District 1 (HJF) (FDO)

 

42                    5G-2               REVISED TITLE: Staff recommends motion to approve: Amendment Number 3 to Interlocal Agreement (R2007-0349) with the City of Riviera Beach for funding of improvements to the City Marina, to extend the project completion date to December 1 31, 2013. (FDO)

 

45                    8C                   ADD-ON: Request approval to present off-site, a Proclamation declaring October 23 – 31, 2013 as “National Red Ribbon Week” in Palm Beach County. (Sponsored by Commissioner Vana)

 

45                    8G                   ADD-ON: Request approval to present off-site, a Proclamation recognizing the 50th Anniversary of the Orthodox Zion Primitive Baptist Church. (Sponsored by Vice Mayor Taylor)

 

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


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

OCTOBER 22, 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

 

3.         CONSENT AGENDA (Pages 7 - 35)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 36 - 37)

 

5.         REGULAR AGENDA (Pages 38 - 42)

 

6.         BOARD APPOINTMENTS (Page 43)

 

7.         STAFF COMMENTS (Page 44)

 

8.         COMMISSIONER COMMENTS (Page 45)

 

9.         ADJOURNMENT (Page 45)

 

 

 

 

* * * * * * * * * * *

 

OCTOBER 22, 2013

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 7

            3A-1    Cooperative Agreement Amendment with U.S. Department of Housing & Urban Development for processing and resolving housing discrimination complaints

            3A-2    Grants to four non-profit agencies under the Handicapped Accessibility & Awareness Program

Page 8

            3A-3    First Amendment with Town of Jupiter Inlet Colony to voluntarily assist in funding the Office of the Inspector General

            3A-4    Agreement with the Cultural Council of Palm Beach County relating to administration of Small and Emerging Organizations, Children’s and Multicultural projects

 

B. CLERK & COMPTROLLER

Page 8

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Change orders, work task orders, minor contracts, final payments, etc.

 

C. ENGINEERING & PUBLIC WORKS

Page 9

            3C-1   First Amendment to Annual Traffic Signal Contract with Gerelco Traffic Controls, Inc.

            3C-2   Interlocal Agreement with City of Boynton Beach regarding open cuts in County maintained rights-of-way

            3C-3   Resolution to accept maintenance of Lyons Road from West Atlantic Avenue to 945 feet north

            3C-4   Deleted

            3C-5   Work Task Order with Alan Gerwig & Associates, Inc. for preparation of design plans and construction bid documents for Sandlefoot Boulevard

            3C-6   Work Task Order with Alan Gerwig & Associates, Inc. for preparation of design plans and construction bid documents for Southwest 3rd Street

Page 10

            3C-7   Budget Transfer to Rustic Lakes Drainage improvements at Northlake Boulevard

 

D. COUNTY ATTORNEY

Page 10

            3D-1   Resolution approving Tax Collector’s proposed Central Palm Beach County Service Center as a branch office for the conduct of County business

 

E. COMMUNITY SERVICES

Page 10

            3E-1    Ratify Mayor’s signature on Community Service Block Grant Agreement with Florida Department of Economic Opportunity to provide self-sufficiency services

Page 11

            3E-2    Agreements with four public and/or non-profit agencies to provide various training services to low-income participants serviced by the Community Services Department

            3E-3    Ratify Mayor’s signature on Phase 31 Emergency Food and Shelter Grant Application with the United Way of Palm Beach County for provision of shelter, rental and utility payments

Page 12

            3E-4    Ratify Mayor’s signature on FY 2014 Refunding Grant Application with U.S. Department of Health & Human Services for Head Start/Early Head Start Programs

            3E-5    Amendments and Contracts for Provision of Financial Assistance with 16 agencies for various social services programs

Page 14

            3E-6    Contracts for Provision of Services with 13 agencies for various social services programs


OCTOBER 22, 2013

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

E. COMMUNITY SERVICES (Cont’d)

Page 15

            3E-7    Deleted

            3E-8    Notice of grant award from Department of Health & Human Services for additional Ryan White Program funding

            3E-9    Ratify Mayor’s signature on Florida Department of Education 2013 General Assurances, Terms and Conditions relating to participation in the Farmworker Jobs & Education Program

Page 16

            3E-10 Amendments to three Ryan White contracts allocating additional funding for medical and supports services to residents living with HIV/AIDS

 

F. AIRPORTS

Page 16

            3F-1    Receive and file Federal Aviation Administration Grant Agreement for Wetland Wildlife Mitigation at North Palm Beach County General Aviation Airport

Page 17

            3F-2    Receive and file one Extension of Time to Joint Participation Agreement with FDOT for Concourse C security improvements at PBIA

            3F-3    Receive and file Federal Aviation Administration Grant Agreement for design of the Automatic Weather Observation System at Palm Beach County Glades Airport

            3F-4    Receive and file Federal Aviation Administration Grant Agreement for design of Air Handler replacement; design of North-South Taxilane; and conduct an Aeronautical Survey for Runway 14/32 at PBIA

Page 18

            3F-5    Receive and file Summary of adjustments to rental rates with the County’s Airport System

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 18

            3G-1   Impact Fee Review Committee appointment

            3G-2   Budget Amendment in the $13.18M Public Improvement Revenue Bonds (Max Planck project)

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 19

            3H-1   First Amendment with Town of Lake Clarke Shores for radio maintenance services

            3H-2   Second Amendment with City of Coral Springs relative to the County’s 800 MHz radio system

            3H-3   Deed of Conservation Easement across a portion of Waterway Park in favor of SFMWD

Page 20

            3H-4   Utility Easement Agreement in favor of FPL for electric service to WUD’s Lift Station 164

            3H-5   Bill of Sale to transfer the title to three double-long modular classrooms to the City of Delray Beach

            3H-6   Resolution repealing and replacing Resolution pertaining to Property Review Committee

Page 21

            3H-7   Budget Transfer/Amendment No. 4 with Trillium Construction, Inc. relating to refurbishing the Lazy River Ride and Play Pool at Calypso Bay Water Park

 

I. ECONOMIC SUSTAINABILITY

Page 21

            3I-1     Agreement with City of Lake Worth for construction of bikeway/greenway on 5th Avenue North utilizing Community Development Block Grant funding

Page 22

            3I-2     Agreement with City of Lake Worth for design and reconstruction of 7th Avenue South utilizing Community Development Block Grant funding

            3I-3     Allocation of $1,000,000 for use as required local government match under the Florida Housing Finance Corporation’s Housing Tax Credit Program


OCTOBER 22, 2013

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

I. ECONOMIC SUSTAINABILITY (Cont’d)

Page 23

            3I-4     Amendment No. 2 to an Economic Development Incentive Grant Agreement with ADT LLC

            3I-5     Amendment No. 1 to a Job Growth Incentive Grant Agreement with Digital Risk LLC

            3I-6     Agreement with Business Loan Fund of the Palm Beaches, Inc. for technical assistance and business support services to small businesses

Page 24

            3I-7     Receive and file two Period of Performance Modifications from U.S. Department of Energy for the Energy Efficiency and Conservation Block Grant Program

            3I-8     Economic Development Incentive Grant Agreement with Red Hawk Fire & Security, LLC

 

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 25

            3K-1    Receive and file six standard agreements or amendments for the Water Utilities Department

            3K-2    Work Authorization No. 3 with Cardinal Contractors, Inc. for installation of a new degassifier and replacement of the odor scrubber at WTP No. 3

Page 26

            3K-3    Work Authorization No. 1 to annual asphalt miling and resurfacing contract with Community Asphalt Corporation

            3K-4    Second Amendment with City of Boynton Beach for purchase and sale of bulk potable water

            3K-5    Utility Work by Highway Contractor Agreement with FDOT to adjust seven water/wastewater valve boxes and 13 manholes relating to improvements to SR 715

Page 27

            3K-6    Amendment No. 2 with Aquifer Maintenance and Performance Systems, Inc. for System-wide Wellfield Rehabilitation and Maintenance project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 27

            3L-1    Grant Agreement with FDEP for retroactive cost-sharing on the Coral Cove Dune Restoration project

 

M. PARKS & RECREATION

Page 27

            3M-1   Receive and file Project Agreement Amendment with FIND relating to design and permitting of Bert Winters Park

Page 28

            3M-2   Receive and file Project Agreement Amendment with FIND relating to design and permitting of Waterway Park

            3M-3   Receive and file one Amphitheater Rental Agreement

            3M-4   Receive and file one Sound and Light Production Services Contractor Agreement

Page 29

            3M-5   Receive and file one Independent Contractor Agreement

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION

Page 29

            3Q-1   Ratify signature on submittal of four grant proposals under the Edward Byrne Memorial Justice Assistance Grant Program

Page 30

            3Q-2   Receive and file two annual Edward Byrne Memorial Justice Assistance Grant Program awards

 

OCTOBER 22, 2013

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

R. HUMAN RESOURCES

Page 30

            3R-1   Palm Beach County’s 2013-2014 Affirmation Action Plan

 

S. FIRE RESCUE

Page 31

            3S-1    Budget Transfer to fund the purchase of a Quint aerial apparatus

            3S-2    First Amendment with Health Care District of Palm Beach County for purchase of pharmaceutical supplies and medications

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES

Page 31

            3U-1   Agreement with Nonprofits First, Inc. for network services

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  - None

 

X. PUBLIC SAFETY

Page 32

            3X-1    Receive and file two documents relating to the Office of Violence Against Women Domestic Violence Homicide Prevention Demonstration Initiative

            3X-2    Receive and file two Pre-doctoral Psychology Intern agreements

Page 33

            3X-3    Receive and file the Norton Progressive After School Arts Community Education Agreement Form to provide after school arts for youth attending the Highridge Family Center

            3X-4    First Amendment with Emergency Specialists of Wellington, LLC relating to forensic sexual  assault examinations and medical treatment services

Page 34

            3X-5    Receive and file three contracts with the Florida Council Against Sexual Violence providing grant funding for sexual battery recovery services

           

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None

 

AA. PALM TRAN

Page 34

            3AA-1 Contract with Center for Urban Transportation Research for a Palm Tran bus system assessment in the Glades service area

Page 35

            3AA-2 Contract with Center for Urban Transportation Research for a vehicle on-time performance and bus system schedule assessment of four Palm Tran fixed routes

 

BB. FIFTEENTH JUDICIAL CIRCUIT – COURT ADMINISTRATION

Page 35

            3BB-1 Accept FY 13/14 State Justice Institute Grant to support cultural diversity training of court staff

 


OCTOBER 22, 2013

 

TABLE OF CONTENTS

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 36

            4A       Resolution to abandon any public interest in all those certain highways, roads, roadways and easements lying within the Plat of County Park Airport Subdivision No. 1

            4B       Re-filing of the FY 2012 Section 5307 FTA Grant Application for reallocation of funds to preventive maintenance for the fixed route system

            4C       Economic Development Ad Valorem Tax Ordinance

Page 37

            4D       Criminal History Record Checks Ordinance

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 38

            5A-1    Waiver/Resolution repealing and replacing Resolution relating to Water Resources Task Force

 

            COUNTY ATTORNEY

Page 38

            5B-1    County Internal Audit Committee Ordinance

 

            INFORMATION SYSTEMS SERVICES

Page 38

            5C-1   New rate structure applicable to GIS hosting services

 

            PLANNING, ZONING & BUILDING

Page 39

            5D-1   Resolutions granting County tax exemption for four historic properties located within the Town of Palm Beach

 

            TOURIST DEVELOPMENT COUNCIL

Page 39

            5E-1    Tourism Identity name for Palm Beach County

 

            COMMUNITY SERVICES

Page 40

            5F-1    Head Start/Early Head Start Program continuation or suspension

5F-2    Head Start/Early Head Start Contracted Services Agreements with 17 delegate child care centers

 

FACILITIES DEVELOPMENT & OPERATIONS

Page 42

            5G-1   Sale and Purchase Agreement with SFMWD for sale of 1,896 acres of the County’s Mecca property

            5G-2   Amendment No. 3 with City of Riviera Beach relative to the City Marina

            5G-3   Status of projects under the $50M Waterfront Access Bond Issue

 

BOARD APPOINTMENTS  (Page 43)

 

STAFF COMMENTS  (Page 44)

 

COMMISSIONER COMMENTS (Page 45)

 

ADJOURNMENT (Page 45)

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to ratify:  the signature of the Mayor on a Cooperative Agreement Amendment No. FF204K124023 (Charge Resolution Contract)  with the U.S. Department of Housing and Urban Development (HUD) allowing the Office of Equal Opportunity (OEO) to receive revenue for processing and resolving housing discrimination complaints for the period of July 1, 2012, through June 30, 2013, in the total amount of $140,684.  Summary:  OEO has a Memorandum of Understanding with HUD through 2013.  In order for OEO to receive revenue from HUD for processing and resolving housing discrimination complaints, execution of this contract was required prior to August 23, 2013 in order for OEO to meet HUD’s FY 2013 federal funding deadlines. This Cooperative Agreement is in the amount of $140,684 ($109,184 - case processing; $11,500 - training funds and $20,000 - administrative costs). This agenda item only deals with the ability for OEO to receive revenue under the agreement with HUD. OEO cannot receive the revenue without the Board’s approval.  The agreement to receive the revenue needed to be signed by the Mayor. The Mayor signed the agreement on August 26, 2013 for OEO to receive revenue but the full Board needs to ratify the Chair’s signature. Countywide (DRO)

 

 

2.         Staff recommends motion to approve: grants in a total amount not to exceed $20,000 for the Handicapped Accessibility and Awareness Program with the following non-profit agencies, in the amounts and for the services indicated for the period October 1, 2013, through September 30, 2014:

 

A)  The Arc of Palm Beach County, Inc. funds will support The Arc’s employment services program, which includes extensive training, job placement and Café Arc, a unique reverse job fair in an amount not to exceed $5,000; and

 

B)  Florida Outreach Center For The Blind, Inc. funds will provide outreach in the community by expanding its educational goals to include children. The Kid’s Club will provide social gatherings, giving visually impaired children and their families an opportunity to share support and resources. In Addition, the Kid’s Club administers the only Braille Enrichment for Learning and Literacy (Bell) program in Florida, in an amount not to exceed $5,000; and

 

C)  Palm Beach Habilitation Center, Inc. funds will ensure safety and improve the physical accessibility of the campus by installing automatic doors in the men’s and women’s bathroom and repair sidewalks in the central pick-up and drop-off area, in an amount not to exceed $5,000; and

 

D)  Boca Raton Football and Cheerleading, Inc. funds will supply safety mats for the Exceptional Student Education (ESE) Spirit Squad, in an amount not to exceed $5,000.

 

Summary:  The funds for this grant are derived from funds collected from parking violations in designated parking spaces. County Ordinance 92-29 provides that revenue from these fines shall be used to improve accessibility and equal opportunity to qualified physically disabled persons in the County and to provide funds to conduct public awareness programs concerning physically disabled persons. Countywide (DRO)

 

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to approve: the First Amendment to Interlocal Grant Agreement (R2012-1173) with the Town of Jupiter Inlet Colony to voluntarily assist in funding the Office of Inspector General Operations. SUMMARY: The Agreement provides a means for the Town of Jupiter Inlet Colony 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 Jupiter Inlet for each quarter of FY 2014 equals $808.75.  District 1 (LB)

 

 

4.         REVISED TITLE: Staff recommends motion to approve: Agreement with the Cultural Council of Palm Beach County, Inc., in the amount of $200,000 from October 1, 2013, through September 30, 2014, for services relating to the administration of Category C – Level 1 (Small and Emerging Organizations, Children’s and Multicultural projects) cultural grant program for non-profit organizations within the County. SUMMARY: The County shall provide an amount not to exceed Two Hundred Thousand Dollars ($200,000) to fund certain activities of non-profit organizations as determined by the Cultural Council of Palm Beach County (Council) pursuant to a process established herein and approved by County.  Of the $200,000 in County funding, up to One Hundred and Eighty Eight Thousand Dollars ($188,000) shall be applied to Category C-Level l (Small and Emerging Organizations, Children’s and Multicultural projects).  A portion of the remaining funds, not to exceed 10% of the total amount, may be used by the Council to administer the program.  In the event any of the funds are unspent, the Council will reallocate said funds to support cultural programs in underserved areas of the County. Countywide (DW)

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to approve:  Warrant List.

 

 

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

 

Meeting Type                                  Meeting Date

Zoning                                               August 22, 2013

Workshop                                          August 27, 2013

Budget/Public Hearing                   September 9, 2013

Regular                                              September 10, 2013

Budget/Public Hearing                   September 23, 2013

 

 

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

 

 

4.         Staff recommends motion to receive and file:  change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations Department; Water Utilities Department; Environmental Resources Management Department; and the Department of Airports during May 2013. Countywide

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: a First Amendment (Amendment) to the Annual Traffic Signal Contract (Contract), R2012-0951, dated July 10, 2012, with Gerelco Traffic Controls, Inc. (Contractor) to extend the expiration date to July 10, 2015.  SUMMARY: Approval of this Amendment will extend the Contract for 18 months to allow completion of the project. The Contract consists of furnishing and installing various signal components for traffic control devices required by the Traffic Division on an as needed basis.  Small Business Enterprise (SBE) goals were established at 15% of the overall Contract amount.  The Contractor proposed 3.23% participation, and has achieved 0% SBE participation due to the limited number of completed projects.  Countywide (MRE)

 

 

2.         Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the City of Boynton Beach (City) regarding open cuts in Palm Beach County (County) maintained rights-of-way.  SUMMARY:  Approval of the Agreement will cause the City to follow the policies and procedures set forth by the County regarding open cuts in County roads; and excuse them from being required to provide surety for the open cuts, as required by County policy.  The City would instead be bound by the terms and conditions of the Agreement. District 3, 4, 5 & 7 (MRE)

 

 

3.         Staff recommends motion to adopt:  a Resolution to accept maintenance of Lyons Road, a thoroughfare road, from West Atlantic Avenue to 945 feet north (Project), at an estimated cost of $1,305 annually.  SUMMARY:   Adoption of this resolution will allow Palm Beach County to accept maintenance of the Project.  The developer, KRG Atlantic Delray Beach LLC, was required to construct the Project per Condition E.17(A) of Resolution R2010-0447, Petition 2004-616, Delray Marketplace.  District 5 (MRE)

           

 

4.         DELETED

 

 

5.         Staff recommends motion to approve: a Work Task Order to the Annual Agreement R2011-0173 in the amount of $187,964.87 with Alan Gerwig & Associates, Inc. (AGA), for professional services for the Sandalfoot Boulevard from State Road 7 to east of State Road 7 bridge replacement and widening project (Project). SUMMARY: Approval of this Work Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project.  AGA is a Palm Beach County company.  The Small Business Enterprise (SBE) goal for the Project is 15%.  AGA has achieved 84.14% overall under this Annual Agreement R2011-0173. District 5 (MRE)

 

 

6.         Staff recommends motion to approve: a Work Task Order to the Annual Agreement R2011-0173 in the amount of $171,221.89 with Alan Gerwig & Associates, Inc. (AGA), for professional services for the Southwest 3rd Street from State Road 7 to east of State Road 7 bridge replacement and widening project (Project). SUMMARY: Approval of this Work Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project.   AGA is a Palm Beach County company.  The Small Business Enterprise (SBE) goal for the Project is 15%.  AGA has achieved 84.14% overall under this Annual Agreement R2011-0173. District 5 (MRE)


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

7.         Staff recommends motion to approve: a Budget Transfer of $28,825 in the Transportation Improvement Fund from Sweep Reserves to Rustic Lakes Drainage improvements at Northlake Boulevard (Project).  SUMMARY:  Approval of this Budget Transfer will provide the funding to install an additional drainage structure and provide modifications to asphalt and curbing for the Project. District 6 (MRE)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to adopt: a Resolution approving the Tax Collector’s proposed Central Palm Beach County Service Center as a branch office for the conduct of County business.  SUMMARY:  The Tax Collector is planning to purchase property and construct a new facility to be known as the Central Palm Beach County Service Center. The Florida Constitution requires that the Board of County Commissioners approve by resolution the use of branch offices, such as the Central Palm Beach County Service Center, as places where County business may be transacted. Countywide (JCM)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to ratify: signature of the Mayor on Community Service Block Grant Agreement No. 14SB-0D-10-60-01-021 with the State of Florida, Department of Economic Opportunity, for the period October 1, 2013, through September 30, 2014, in an amount not to exceed $777,317 to provide self sufficiency services for low income individuals and families.  Summary:  The State of Florida Department of Economic Opportunity awarded the Palm Beach County Community Action Program (CAP) $647,764 in Community Service Block Grant (CSBG) funds with a recommended additional match of $129,553 for a total contract budget not to exceed $777,317.  These funds will enable CAP to provide self-sufficiency services to low income individuals and families. The emergency signature process was utilized because there was insufficient time to submit this Agreement through the regular agenda process. Sufficient funding is included in the current budget to meet County obligations. (Community Action Program) Countywide (TKF)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to receive and file: Agreements with the below listed public and non-profit agencies to provide various training services to low income participants serviced by the Community Services Department:

 

A) Business Loan Fund of the Palm Beaches, Inc. d/b/a Center for Enterprise Opportunity, for the period May 1, 2013, through September 30, 2013, in an amount not to exceed $20,000;

 

B)  New Beginnings Community Development Center, Inc., for the period July 1, 2013, through September 30, 2013, in an amount not to exceed $20,000;

 

C)  Project SHIP Foundation, Inc., for the period May 1, 2013, through September 30, 2013, in an amount not to exceed $10,000; and

 

D)  City of South Bay, for the period May 1, 2013, through September 30, 2013, in an amount not to exceed $23,610;

 

Summary:  On April 2, 2013, the Board of County Commissioners approved a list of pre-qualified public and non-profit agencies to provide various training services for the Community Services Department (Agenda Item 3.E.6).  The majority of these training funds are provided by the Community Service Block Grant with remaining funds being Palm Beach County ad-valorem matching funds.  These contracts were executed by the Department Director and the County Administrator in accordance with Agenda Item 3.E.6, which delegated signature authority to the Community Services Department Director and County Administrator, or his designee, to sign the contracts for the Community Action Program. (Community Services) Countywide (TKF)

 

 

3.         Staff recommends motion to ratify: signature of the Mayor on the Phase 31 Emergency Food and Shelter Grant Application for the Emergency Food & Shelter National Board Program with the United Way of Palm Beach County, Inc., for the period October 1, 2013, through September 30, 2014, for provision of other shelter, rental and utility payments to assist individuals and families in crisis.  Summary:  The Emergency Food and Shelter Grant is a restricted federal grant that is administered locally by United Way of Palm Beach County, Inc. On August 19, 2013, United Way of Palm Beach County, Inc. released the Phase 31 Emergency Food and Shelter Grant application with instructions to return by September 13, 2013. The Human Services Division has received these funds for the past 18 years and is applying for funds to provide shelter, rental and utility assistance.  The grant application is for a total of $400,000: $75,000 for shelter, $300,000 for rent and $25,000 for utility payments. Human Services Division staff assess applicants for this program, approve service plans to assist these households and process invoices. The emergency signature process was utilized because there was insufficient time to submit this agreement through the regular agenda process. These funds are non-recurring and no County match is required. (Human Services) Countywide (TKF)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to ratify: signature of the Mayor on the FY 2014 Refunding Grant Application with the U.S. Department of Health and Human Services for the period October 1, 2013, through September 30, 2014, in an amount not to exceed $16,431,331 for the Head Start/Early Head Start Programs.  Summary:  The FY 2013-2014 Full Day/Full Year Head Start/Early Head Start Program will provide comprehensive child development services to 2,296 children and their families in Palm Beach County.  Services are funded with $16,431,331 in Federal funds, $3,652,869 in County required funds, $4,161,239 in additional County funds, and $454,964 in Children’s Services Council funds.  The emergency signature process was utilized because there was insufficient time to submit this application through the regular agenda process and meet the deadline of June 28, 2013. Sufficient funding is included in the current budget to meet County obligations. (Head Start) Countywide (TKF)

 

 

5.         Staff recommends motion to approve:

 

A) Amendments to Contract for Provision of Financial Assistance with the below-listed agencies for the period October 1, 2013, through September 30, 2014, in an amount totaling $3,037,027:

 

1)  Amendment No. 01 to Contract for Provision of Financial Assistance with Aid to Victims of Domestic Abuse, Inc., (R2012-1656), increasing funding by $227,007 for a new total not to exceed amount of $454,014;

 

2) Amendment No. 02 to Contract for Provision of Financial Assistance with Children's Case Management Organization Inc., d/b/a Families First of Palm Beach County, (R2011-1562), increasing funding by $85,767 for a new total not to exceed amount of $257,301;

 

3) Amendment No. 02 to Contract for Provision of Financial Assistance with Coalition for Independent Living Options Inc., (R2011-1499), increasing funding by $243,652 for a new total not to exceed amount of $730,956;

 

4) Amendment No. 02 to Contract for Provision of Financial Assistance with The Glades Initiative, Inc., (R2011-1774), increasing funding by $145,530 for a new total not to exceed amount of $436,590;

 

5) Amendment No. 02 to Contract for Provision of Financial Assistance with The Jerome Golden Center for Behavioral Health, Inc., (R2011-1775), increasing funding by $1,387,116 for a new total not to exceed amount of $4,161,348;

 

6) Amendment No. 02 to Contract for Provision of Financial Assistance with Legal Aid Society of Palm Beach County, Inc., (R2011-1501), increasing funding by $89,100 for a new total not to exceed amount of $267,300;

 

7) Amendment No. 02 to Contract for Provision of Financial Assistance with Palm Beach Habilitation Center, Inc., (R2011-1502), increasing funding by $272,745 for a new total not to exceed amount of $818,235; and

 

8) Amendment No. 02 to Contract for Provision of Financial Assistance with Rehabilitation Center for Children and Adults, Inc., (R2011-1769), increasing funding by $49,500 for a new total not to exceed amount of $148,500;

 

9) Amendment No. 02 to Contract for Provision of Financial Assistance with Seagull Industries for the Disabled, Inc., (R2011-1770), increasing funding by $268,901 for a new total not to exceed amount of $806,703;

 

OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         MOTION/TITLE CONTINUED

 

10) Amendment No. 01 to Contract for Provision of Financial Assistance with The Children’s Place at Home Safe, Inc., (R2012-1658), increasing funding by $41,329 for a new total not to exceed amount of $82,658; and

 

11) Amendment No. 01 to Contract for Provision of Financial Assistance with The Lord’s Place, Inc., (R2012-1514), increasing funding by $226,380 for a new total not to exceed amount of $452,760.

 

B) Contracts for Provision of Financial Assistance with the below-listed agencies for the period October 1, 2013, through September 30, 2014, in an amount totaling $828,416:

 

1) 211 Palm Beach/Treasure Coast Inc., for the Elder Crisis Outreach program in an amount not to exceed $37,243;

 

2) Alzheimer’s Community Care, Inc., for the Family Nurse Consultant and Specialized Alzheimer’s Day Care programs in an amount not to exceed $525,000;

 

3) Children’s Case Management Organization, Inc. d/b/a Families First of Palm Beach County, for Project Connect Collaborative in an amount not to exceed $46,209;

 

4) Communities in Schools of Palm Beach County, Inc., for the Charting for Success program in an amount not to exceed $69,618; and

 

5) Farmworker Coordinating Council of Palm Beach County, Inc. for the Family Preservation & Economic Stability program in an amount not to exceed $150,346.

 

Summary: The information submitted reflects part of the total $12,258,187 funding approved by the Board of County Commissioners for the Financially Assisted Agencies Program for FY 2014. Other contracts will be forthcoming upon receipt of all the required information. Shantreirra Monroe, an employee of Children’s Case Management Organization, Inc. d/b/a Families First of Palm Beach County serves on a County Advisory Board, the Palm Beach County HIV Care Council. This board provides no regulation, oversight, management, or policy setting recommendations regarding the agency contract listed above. 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 22, 2013

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         REVISED TITLE: Staff recommends motion to approve: Staff recommends motion to approve: Contracts for Provision of Services with the below-listed agencies, for the period October 1, 2013, to September 30, 2014, in an amount totaling $319,524 $303,095 funded by the Federal fiscal year 2013-2014 Emergency Solutions Grant:

 

A)  Adopt-A-Family of the Palm Beaches, Inc. in the amount of $71,695 for financial assistance and support;

 

B)  Aid to Victims of Domestic Abuse, Inc. in the amount of $21,096 for emergency shelter to victims of domestic abuse and their children;

 

C)  The Center for Family Services of Palm Beach County, Inc. in the amount of $44,126 for emergency shelter and support services to homeless families and for homeless prevention assistance to families who are at risk of becoming homeless;

 

D)  Children’s Case Management Organization, Inc. d/b/a Families First of Palm Beach County in the amount of $14,112 for emergency shelter services to pregnant and parenting families who are homeless and for emergency rental and utility assistance to families who are at risk of becoming homeless;

 

E)  The Children’s Home Society of Florida in the amount of $12,239 for transitional and emergency shelter and related services;

 

F)  The Children’s Place at Home Safe, Inc. in the amount of $16,429 for residential housing to homeless abused and/or neglected children;

 

G) F) Coalition for Independent Living Options, Inc. in the amount of $15,869 for emergency rental assistance and utility assistance to disabled individuals/ households who are at risk of becoming homeless;

 

H) G)  Farmworker Coordinating Council of Palm Beach County, Inc. in the amount of $3,880 for emergency rental and utility assistance to individuals and families who are at risk of becoming homeless;

 

I) H) The Lord’s Place, Inc. in the amount of $20,367 for transitional shelter and support services to homeless families;

 

J) I) The Lord’s Place, Inc. in the amount of $20,367 for transitional shelter to homeless single men;

 

K) J) Vita Nova, Inc. in the amount of $49,873 for transitional shelter and support services to homeless youths and youth who are at risk of becoming homeless;

 

L) K)  The Young Women’s Christian Association of Palm Beach County, Florida in the amount of $9,701 for shelter to women and children who are victims of domestic abuse; and

 

M) L) 211 Palm Beach/Treasure Coast, Inc. in the amount of $19,770 for the administration of the Homeless Management Information System (HMIS). (Community Services)

 

Summary: On July 16, 2013 (R2013-0950), the Board of County Commissioners approved the Palm Beach County Action Plan, which allocated $363,980 in Emergency Solutions Grant (ESG) funds to non-profit agencies to provide assistance countywide to the homeless and to those at risk of becoming homeless.  These contracts will fund activities that include payment for the cost of operating and maintaining emergency shelters and transitional housing facilities and the cost of assistance for the prevention of homelessness.  Shantreirra Monroe, an employee of Children’s Case Management Organization, Inc. d/b/a Families First of Palm Beach County serves on a County Advisory Board, the HIV Care Council.  Pamela O’Brien, an employee of Aid to Victims of Domestic Abuse, Inc., serves on a County Advisory Board, The Homeless Advisory Board. These boards provide no regulation, oversight, management, or policy setting recommendations regarding the agency agreements 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 Federal ESG funds require a matching contribution which will be provided by the funded agencies. (Human Services) Countywide (TKF)

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

7.         DELETED

 

 

8.         Staff recommends motion to:

 

A) receive and file Notice of grant award from the Department of Health and Human Services, for the period March 1, 2013, through February 28, 2014, in an amount not to exceed $7,778,227; and

 

B)  approve Budget Amendment of $4,051,796 in the Ryan White Care Program Fund to align the budget to the actual grant award.

 

Summary:  A notice of grant award was received from the Health and Human Services Health Resources Services Administration issuing additional funding in the amount of $4,223,325. The total grant award for grant year 2013 now totals $7,778,227. The balance of the funding will be reallocated at a later date.  No County match funds are required. (Ryan White) Countywide (TKF)

 

 

9.         Staff recommends motion to ratify: signature of the Mayor on the Florida Department of Education 2013 General Assurances, Terms, and Conditions for Participation in Federal and State Programs form for the Farmworker Jobs & Education Program under Title I of the Workforce Investment Act.  Summary:  The Farmworker Jobs & Education Program is funded by the Florida Department of Education to provide academic education and vocational training to farm workers and their dependents to get permanent employment outside of farm work.  The 2013 General Assurances, Terms, and Conditions for Participation in Federal and State Programs form is part of the Florida Department of Education Grant Application which was approved by the Board on May 21, 2013 (R2013-0606).  The grant application was submitted on April 30, 2013.  This form was later requested by the Florida Department of Education with instructions to return as soon as possible.  The emergency signature process was utilized because there was not sufficient time to submit this form through the regular agenda process. Countywide (TKF)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

10.       Staff recommends motion to approve:

 

A) Amendment No. 1 to Ryan White Part A HIV Health Support Services Contract with Legal Aid Society of Palm Beach County, Inc. (R2013-0526), for the period March 1, 2013, through February 28, 2014, to increase funding for Legal Services by $77,254 for a new total contract amount not to exceed $282,936;

 

B) Amendment No. 1 to Ryan White Part A HIV Health Support Services Contract with FoundCare, Inc. (R2013-0523), for the period March 1, 2013, through February 28, 2014, to increase funding for Outpatient/Ambulatory Medical Care by $25,694, Laboratory Diagnostic Testing by $35,000, Oral Health Care by $50,000, Housing Services by $47,240, Food Bank/Home Delivered Meals by $156,023 and to add funding for Health Insurance Continuation in the amount of $175,308 for a new total contract amount not to exceed $1,104,573; and

 

C) Amendment No. 1 to Ryan White Part A HIV Health Support Services Contract with Treasure Coast Health Council, Inc. d/b/a Health Council of Southeast Florida (R2013-0528), for the period March 1, 2013, through February 28, 2014, to increase funding for Specialty Outpatient Medical Care by $36,465 and CARE Council Support by $18,680 for a new total contract amount not to exceed $522,868.

 

SUMMARY: A Notice of Grant Award from the Department of Health and Human Services, Health Resources and Services Administration was received on June 18, 2013 and conveys an additional award of $4,223,325, for a total award of $7,778,227. The contract period is from March 1, 2013 through February 28, 2014. The three amendments reflect the allocations of the CARE Council and the total award amount. These funds will allow our system of care to provide additional medical and support services to Palm Beach County residents living with HIV/AIDS.  No County funds are required. (Ryan White) Countywide (TKF)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to:

 

A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number  3-12-0113-016-2013 in the amount of $900,000 for Wetland Wildlife Mitigation (Phase 1) at North Palm Beach County General Aviation Airport; and

 

B) approve a Budget Amendment of $900,000 in the Airport’s Improvement and Development Fund to provide for the receipt of $900,000 of grant funding from the FAA, and increase Airport Reserves by $900,000.

 

SUMMARY:  This grant begins on August 30, 2013 and expires on September 30, 2017.  Delegation of authority for execution of the above standard form Grant Agreement was approved by the Board of County Commissioners on October 3, 2006 (R2006-2086).  Countywide (AH)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to receive and file: an Extension of Time to the following Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT):

 

A) Concourse C Security Improvements at Palm Beach International Airport, Fin. Proj. No.: 429348-1-94-01 approved by the Board on March 15, 2011 (R2011-0367), is hereby extended until March 31, 2014.

 

SUMMARY:  Delegation of authority for execution of the above Extension of Time to the JPA with the FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide (AH)

 

 

3.         Staff recommends motion to:

 

A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0060-004-2013 in the amount of $72,322 for design of the Automated Weather Observation System (AWOS) at Palm Beach County Glades Airport; and

 

B) approve a Budget Amendment of $72,322 in the Airport’s Improvement and Development Fund to provide for the receipt of $72,322 of grant funding from the FAA, and budget project cost of $80,358, which includes a transfer from Reserves in the amount of $8,036.

 

SUMMARY:  This grant begins on September 12, 2013 and expires on September 30, 2017.  Delegation of authority for execution of the above standard form Grant Agreement was approved by the Board of County Commissioners on October 3, 2006 (R2006-2086). Countywide (AH)

 

 

4.         Staff recommends motion to:

 

A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-057-2013 in the amount of $708,316 for design of the Air Handler Replacement in the Terminal Building; design the North-South Taxilane; and conduct an Aeronautical Survey for Runway 14/32 at Palm Beach International Airport; and

 

B) approve a Budget Amendment of $708,316 in the Airport’s Improvement and Development Fund to provide for the receipt of $708,316 of grant funding from the FAA, and increase project cost by $1,013,963, which includes a transfer from Reserves in the amount of $246,730.

 

SUMMARY: This grant begins on September 12, 2013 and expires on September 30, 2017.  Delegation of authority for execution of the above standard form Grant Agreement was approved by the Board of County Commissioners on October 3, 2006 (R2006-2086). Countywide (AH)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

5.         Staff recommends motion to receive and file:  a Summary of adjustments to rental rates within the County’s Airport System effective October 1, 2013 pursuant to Resolution 2007-1291. SUMMARY:  The majority of leases for properties within the County's Airports System (Airport Properties) provide for adjustment to rental rates every three years based on the fair market rental value of the property as determined by appraisal, a percentage change in the Consumer Price Index or a combination of both.  Although the majority of the lease agreements for Airport Properties specifically provide the method for adjusting rental rates, some older lease agreements require a resolution or other action of the Board prior to the new rental rates becoming effective.  Resolution 2007-1291 authorized the County Administrator or his designee to approve rental rate adjustments in accordance with applicable provisions of any lease agreement approved by the Board or executed by the County Administrator or his designee pursuant to a delegation of signature authority. Countywide (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: the appointment of James DuBois to the following seat on the Impact Fee Review Committee for the time period October 22, 2013, through October 21, 2016:

 

Nominee                   Seat No.                    Requirement            Nominated By

James DuBois          Alternate                    Municipal                  Commissioner Abrams

Commissioner Taylor

Commissioner Valeche

Commissioner Burdick

Commissioner Vana

 

SUMMARY: The Impact Fee Review Committee is composed of seven members and three alternate members appointed by the Board of County Commissioners. The regular membership includes three representatives from municipalities, three representatives from the business community, and one member selected at-large.  The alternate membership includes one representative from each of the categories above. This appointment will fill a vacancy created by a member resignation. Countywide (LB)

 

 

2.         Staff recommends motion to approve: Budget Amendment of $13,180,000 in the $13.18M Public Improvement Revenue Bonds (Max Planck Project), Series 2013 Capital Project Fund to budget bond proceeds and costs of issuance.  SUMMARY:  On August 13, 2013, the Board approved Resolution No. R2013-1008 for the issuance of the Series 2013 bonds for the purpose of funding a grant to the Max Planck Florida Corporation and to pay the cost of issuance of the bonds. Through             a competitive bid process, SunTrust Bank will finance the bond for 15 years at 2.47%. The annual debt service is $1.066 million and will begin in FY 2015. These budget amendments set up the budget for the sale of the Series 2013 Bonds. Countywide (PFK)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: a First Amendment to Interlocal Agreement (R2011-0116) (Agreement) with the Town of Lake Clarke Shores (Town) to extend the term of the Agreement for radio maintenance services to January 31, 2017. SUMMARY:  The Agreement, which provides the terms and conditions under which the Town receives radio equipment maintenance services from the       County, expires on January 31, 2014. The Agreement provides for one renewal option for a period of three years.  The Town has approved a renewal to extend the term of the Agreement to January 31, 2017 and the renewal now requires Board approval.  The terms of the Agreement are standard and the maintenance rates are consistent with those being charged to County Departments.  Services will be provided on an as-needed basis and billed to the Town.  In the event that the County must out-source the labor, a separate labor rate is provided to cover the cost of the contract labor. The rates may be adjusted annually with notification by June 1 (effective the following October 1st) at the County’s sole discretion, but in no event shall the Town’s fee schedule exceed the fee schedule applied to County departments.  The Agreement may be terminated by either party, with or without cause, with a minimum of three months notice.  This First Amendment renews the term, updates the attachment, provides for disclosure of County Code Section 2-421 - 2-440 establishing the Office of the Inspector General and provides for no third party beneficiaries.  Other than the changes set forth herein, all other terms remain the same. (ESS) Countywide (JM)

 

 

2.         Staff recommends motion to approve: a Second Amendment to Interlocal Agreement (R2003-1964) with the City of Coral Springs (City) to extend the term of the Agreement for interoperable radio communications through the countywide common talk groups of the County’s 800 MHz Radio System to December 1, 2018.  SUMMARY: The Agreement which provides the terms and conditions under which the City can program into its radios and utilize the countywide common talk groups for certain inter-agency communications expires on December 1, 2013.  The Agreement provided for three renewal options, each for a period of five years. The City has approved a renewal to extend the term of the Agreement to December 1, 2018 and the renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with the Agreement.  The City is required to pay all costs associated with the City’s subscriber units and to comply with the established operating procedures for the System.  The Agreement may be terminated by either party, with or without cause.  This Second Amendment renews the term, updates the notice provisions, updates the attachments, provides for disclosure of County Code Section 2-421 - 2-440 establishing the Office of the Inspector General, and provides for the exclusion of third party beneficiaries.  Other than the changes set forth herein, all other terms remain the same. (ESS) Countywide (JM)

 

 

3.         Staff recommends motion to approve:  a Deed of Conservation Easement across a portion of Waterway Park in unincorporated Jupiter in favor of the South Florida Water Management District (SFWMD).  SUMMARY: Waterway Park is located on East Indiantown Road, west of and adjacent to the Intracoastal Waterway, in unincorporated Jupiter.  As a condition of SFWMD Permit No. 50-10097-P for the development of the Park, the County is required to grant SFWMD a Conservation Easement in order to complete construction of a surface water management system and on-site wetland mitigation to serve the 30.04 acre Park.  This non-exclusive easement consists of four wetland mitigation areas containing 2.19 acres of enhanced wetlands and 1.66 acres of created wetlands totaling 3.85 acres (167,921 square feet). The easement is being granted to the SFWMD at no cost as a condition of compliance with the permit. (PREM) District 1 (HJF)

 

OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve:  a Utility Easement Agreement in favor of Florida Power & Light Company (FPL) for electric service to the County’s Water Utilities Department’s (WUD) Lift Station No. 164 located at 2888 Flamango Lake Drive, south of Summit Boulevard, in unincorporated Palm Beach County.  SUMMARY: As part of the WUD replacement of an existing lift station with a larger lift station on the western portion of the .36 acre County parcel, FPL requires an easement to handle the rerouting of the power service. The easement area is 10’ wide and approximately 29.4’ long, containing 276 square feet (0.006 acres). This easement is being granted at no charge as it will only benefit the County property. (PREM) District 2 (HJF)

 

 

5.         Staff recommends motion to approve: a Bill of Sale to transfer the title to three double-long modular classrooms, Asset Numbers M05071000000000, M06509000000000, and M05072000000000, and one modular office, Asset Number M06591000000000, to the City of Delray Beach (City) pursuant to the Lease Agreement (R96-984D) with the City (Lease).  SUMMARY:  Since 1996, the County, on behalf of the Community Services Department, has leased from the City approximately one acre of land on Southwest 6th Street located within Catherine Strong Park for a Head Start daycare facility.  On July 24, 2013 (R2013-0981), the Board approved a Notice of Lease Cancellation in conjunction with Community Services receiving Board approval to transfer the Head Start program at this location to the School District.  The Head Start program operated out of four modular buildings on the leased premises.  The Lease requires the County to remove its improvements and restore the premises to its original condition upon expiration of the Lease. Staff estimates that it would cost $50,000 to demolish the modulars and restore the premises which would exceed Staff’s estimate of the market value of the modulars.  Staff has previously attempted to sell other similar modular units without success.  In light of this, Staff contacted the City to determine whether the modulars could be used by the City for the City’s programs within the Park.  On August 15, 2013, the City Commission approved acceptance of the modulars in “As-Is” condition. Surrender of the premises will occur no later than January 31, 2014. (PREM) District 7 (HJF)

 

 

6.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida repealing and replacing Resolution No. 2010-0292; providing for the Palm Beach County Property Review Committee (PRC); providing for membership; providing for meetings and organization; providing for removal; providing for duties and functions; providing for board action advisory only; providing for assistance to the committee; providing for severability; and providing for an effective date.  SUMMARY: This Resolution repeals and replaces the prevailing resolution that created the PRC (Resolution No. 2010-0292) for consistency with the uniform policies and procedures for Palm Beach County advisory boards that became effective on March 1, 2013. Material changes to the prevailing resolution include direction for filling vacancies; establishment of term commencement and end dates; limitation to three consecutive terms served; limitation to service on not more than three advisory boards at any given time; and provisions for removal of committee members. All other provisions of Resolution No. 2010-0292 remain unchanged. (PREM) Countywide (HJF)

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to approve:

 

A) Budget Transfer of $85,000 within the 2005 $25 million Recreational and Cultural Facilities Bond Fund from the South County RV and Recreation Center project to the Calypso Bay Water Park Repairs and Renovations; and

 

B) Amendment No. 4 to the contract with Trillium Construction, Inc. (R2012-1002) in the amount of $366,000 for construction management services related to refurbishing the Lazy River Ride and Play Pool at the Calypso Bay Water Park establishing a Guaranteed Maximum Price (GMP).

 

SUMMARY: The Budget Transfer will provide the additional funding necessary to fully fund the refurbishing of the play pool and river ride at Calypso Bay Water Park.  The work consists of structural repairs and resurfacing of the Lazy River Ride and Play Pool.  The pool and ride at the Calypso Bay Water Park, located within Seminole Palms Park, were placed into service in 2001 and are in need of repairs due to the age of the facility.  Original design had the pool and ride built in multiple sections with water stop joints.  The joints have now deteriorated over the years creating costly water leaks at each section. The joints will be eliminated for a continuous wall and floor.  Funding for this project is from 2005 $25 Million Recreational and Cultural Facilities Bond and is available from the South Bay RV and Recreation Center. Amendment No. 4 establishes a GMP of $366,000 and 120 calendar days for completion.  The GMP includes the cost of work, the construction manager’s fee and a contingency.  The Small Business Enterprise (SBE) goal for this contract is 15%. The SBE participation in this Amendment is 6.5%. Trillium Construction, Inc. is a Palm Beach County company and is using all local subcontractors. (Capital Improvements Division) District 6 (JM)

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: an Agreement with the City of Lake Worth in the amount of $80,000 for the period of October 22, 2013, through October 30, 2014. Summary: This Agreement with the City of Lake Worth provides Community Development Block Grant (CDBG) funding for the construction of a bikeway/greenway on 5th Avenue North between North A and North C Streets.  On July 20, 2010, the Board of County Commissioners (BCC) approved the Fiscal Year 2010-2011 Action Plan (R2010-1156) which included $13,106 for the City’s Sunset Ridge Park project.  This amount was reallocated to this project by means of the 24th Amendment to the 2010-2011 Action Plan.  On July 10, 2012, the BCC approved the Fiscal Year 2012-2013 Action Plan (R2012-0943) which included $66,894 for the City’s shuffle board project.  This amount was reallocated to this project by means of the 11th Amendment to the Fiscal Year 2012-2013 Action Plan.  This funding is projected to create three job(s) and have a five year Economic Sustainability Impact of $175,500.  These are Federal CDBG funds which require no local match. (DES Contract Development) District 3 (TKF)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to approve: an Agreement with the City of Lake Worth in the amount of $450,750 for the period of October 22, 2013, through December 31, 2015.  Summary:  This Agreement with the City of Lake Worth provides Community Development Block Grant (CDBG) funding for the design and reconstruction of 7th Avenue South between South A and South F Streets.  On July 20, 2010, the Board of County Commissioners (BCC) approved the Fiscal Year 2010-2011 Action Plan (R2010-1156) which included $96,532 for the City’s traffic calming project. This amount was reallocated to this project by means of the 24th Amendment to the 2010-2011 Action Plan.  On July 19, 2011, the BCC approved the Fiscal Year 2011-2012 Action Plan (R2011-1096) which allocated $226,253 for the City’s sidewalk project.  This amount was reallocated to this project by means of the 17th Amendment to the 2011-2012 Action Plan.  On July 10, 2012, the BCC approved the Fiscal Year 2012-2013 Action Plan (R2012-0943) which included $127,965 for the City’s shuffle board project.  This amount was reallocated to this project by means of the 11th, 12th and 13th Amendments to the Fiscal Year 2012-2013 Action Plan.  This funding is projected to create 16 jobs and have a five year Economic Sustainability Impact of $885,000.   These are Federal CDBG funds which require no local match. (DES Contract Development) District 7 (TKF)

 

 

3.         Staff recommends motion to approve: allocation of $1,000,000 for use as the required local government match under the Florida Housing Finance Corporation’s (FHFC) Housing Tax Credit Program.  Summary:  The FHFC administers the State of Florida’s Housing Tax Credit Program and annually requests applications from affordable multi-family rental housing developers seeking Housing Tax Credits for their projects. Palm Beach County through the Department of Economic Sustainability (DES) has historically provided the required local government match in the form of low-interest loans to affordable housing developers who were awarded Housing Tax Credits by the FHFC through its competitive review process. The State’s Housing Tax Credit Program provides financial assistance to affordable multi-family rental housing projects which provide housing opportunities to households of extremely-low, very-low and low incomes.  DES is seeking authorization to allocate $200,000 in loan funds to each of up to five local affordable housing developers for use as the required local government match.  This $1,000,000 allocation is a combination of funding derived from State Housing Initiatives Program (SHIP) program income $500,000; Workforce Housing In-lieu Payment funds ($407,000); and Universal Housing Trust program income ($93,000).  FHFC has tentatively scheduled the publication of its Request for Applications with the deadline for developer applications scheduled for November 12, 2013.  DES will advertise a Notice of Funding Availability seeking Letters of Interest from affordable multi-family housing developers.  Funding Agreements with developers that receive Housing Tax Credits will be submitted to the Board of County Commissioners for final approval. Any DES funding not allocated to successful Housing Tax Credit projects will be reallocated by DES to other eligible affordable housing activities.  These are Universal Housing Trust funds, Workforce Housing In-lieu Payment funds and State Housing Initiative Partnership (SHIP) Program grant funds, which require no local match. (DES Administration) Countywide (TKF)

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to approve: Amendment No. 2 to an Economic Development Incentive Grant Agreement (R2013-0058) with ADT LLC.  Summary:  On October 16, 2012, the Board of County Commissioners (BCC) conceptually approved a Job Incentive Grant for ADT LLC in the amount of $184,000 and formally entered into an Economic Development Incentive Grant Agreement (R2013-0058) on January 15, 2013.  On February 5, 2013, the BCC approved Amendment No. 1 (R2013-0156) to the Agreement. The Agreement memorializes the company’s commitment to create 120 new jobs over a three year period and retain 260 jobs both at an average salary of $81,110.  Amendment No. 2 modifies the process for the disbursement of funds to reflect the procedure established by the State of Florida and adds the mandatory provision of a corporate guaranty as an alternative to the mandatory provision of an irrevocable Letter of Credit to secure the company’s commitment and performance under the Agreement. (DES Administration) District 4 (DW)

 

 

5.         Staff recommends motion to approve:

 

A) Amendment No. 1 to a Job Growth Incentive Grant Agreement (R2012-1592) with Digital Risk LLC (DRLLC); and

 

B) a Corporate Guaranty from MPHASIS WYDE, Inc., as the parent company of Digital Risk LLC.

 

Summary: On October 16, 2012, the Board of County Commissioners (BCC) entered into a Job Growth Incentive Grant Agreement (R2012-1592) with DRLLC.  The Agreement, under which the County agreed to provide up to $300,000, establishes DRLLC’s job creation goal of 600 jobs of which the first 150 jobs will be created by December 31, 2014, and the remaining jobs will be created by 2018; with an average wage of $48,048, excluding benefits.  The company will be paid $500 per job as jobs are created.  The Agreement requires DRLLC to post an irrevocable Letter of Credit.  DRLLC has been acquired by MPHASIS WYDE, Inc. (an IT services company whose parent company is Hewlett Packard) who proposes to provide the County a Corporate Guaranty in lieu of a Letter of Credit.  This Amendment allows for the acceptance of a Corporate Guaranty. Funding will come from the General Fund Contingency Reserves. (DES Administration) District 4 (DW)

 

 

6.         Staff recommends motion to approve:  an Agreement with Business Loan Fund of the Palm Beaches, Inc. d/b/a Center for Enterprise Opportunity (CEO) in the amount of $80,000 for the period October 1, 2013 to September 30, 2014.  Summary:  On July 16, 2013, the Board of County Commissioners (BCC) approved (R2013-0950) the Fiscal Year 2013-2014 Action Plan for Palm Beach County which includes an allocation of $80,000 in Community Development Block Grant (CDBG) Program funds for CEO.  This Agreement will provide these CDBG funds to CEO who will provide technical assistance and business support services to small businesses and persons developing small businesses.   CEO will also provide loans for the establishment, stabilization, and expansion of small businesses.  CEO is required to provide one-on-one business and financial counseling sessions for at least 40 clients, conduct no less than four comprehensive business plan trainings and close five credit builder loans and/or microloans to microenterprises and small businesses.  CEO is a Community Development Financial Institution certified by the U.S. Treasury.  These are Federal CDBG funds which do not require a local match. (Strategic Planning) Countywide (DW)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

7.         Staff recommends motion to receive and file: two Period of Performance Modifications from the U.S. Department of Energy (DOE) for the Energy Efficiency and Conservation Block Grant (EECBG) Program. Summary:  On October 20, 2009, the Palm Beach County Board of County Commissioners approved an EECBG Program Assistance Agreement (R2009-1743) with DOE for a grant in the amount of $6,587,600.  The Agreement was modified on May 4, 2010 (R2010-0686) to reallocate funds amongst projects.  Approved project activities under the Grant include specific allocations for public facility energy-efficiency retrofit projects, a competitive grant program for government organizations, and a revolving loan fund for energy-efficiency projects for businesses.  The effective date of the Grant was August 31, 2009, and Grant funds were to be expended by August 31, 2012.  DOE has approved two extensions for a current expiration date of November 1, 2014. Both extensions, as provided by the two Period of Performance Modifications submitted to receive and file, were necessary to complete the undertaken projects and fully use grant funds.  These are Federal grant funds which require no local match. Countywide (DW)

 

 

8.         MOVED TO REGULAR (NOW 5H-1) REVISED MOTION/TITLE & SUMMARY: Staff recommends motion to approve:

 

A) adopt a Resolution by the Board of County Commissioners of Palm Beach County, Florida, recommending approval of Red Hawk Fire & Security, LLC, a limited liability company, as a Qualified Target Industry (QTI) business pursuant to s.288.108, Florida Statutes; providing for local financial support for the Qualified Target Industry Tax Refund Program not to exceed $24,500; and

 

B) approve an Economic Development Incentive Grant Agreement with Red Hawk Fire & Security, LLC in the amount of $24,500.

 

Summary: On April 2, 2013, the Board of County Commissioners (BCC) conceptually approved a Job Growth Incentive (JGI) Grant in the amount of $24,500 for Project Shield.  This Resolution discloses the company’s name, whose company name is Red Hawk Fire & Security, LLC, which was previously referred to as Project Shield.  In accordance with the Agreement, the company will expand their existing financial headquarters in Boca Raton.  The company will create 35 new permanent full-time jobs by December 31, 2014, with an average annualized wage of $110,000 and retain 20 existing employees for a period of five years from the Effective Date of the Agreement.  The State of Florida has approved a Qualified Target Industry Grant in the amount of $245,000 of which $49,000 is the local match.  The City of Boca Raton has agreed to provide half of the local match in the amount of $24,500.  The County’s investment will be secured by a Letter of Credit, Bond, or equivalent.  The five year local Economic Development Return on Investment is anticipated to be $24 Million.  Funding from the JGI Grant will come from the General Fund Revenues. District 4 (DW)


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to receive and file: executed Agreements received during the month of August 2013:

 

A)  Standard Water and Wastewater Development Agreement with Hernan Leonoff and MG3 ALF Military, LLC; SDA No. 05-01112-000 (District 3);

 

B) Standard Potable Water and Wastewater Development Agreement with Delray Beach Associates I, LLC; SDA No. 03-01030-000 (District 5);

 

C) Standard Potable Water and Wastewater Development Agreement with Delray Beach Associates I, LLC; SDA No. 03-01031-000 (District 5);

 

D)  Standard Potable Water and Wastewater Development Agreement with Boca Pointe Country Club, Inc. SDA No. 09-01065-000 (District 4);

 

E)  Standard Potable Water and Wastewater Development Agreement with Esperanza Greene Revocable Trust under Agreement dated August 10, 1999 and Arthur T. Greene, as Trustee of the Arthur T. Greene Revocable Trust under Agreement dated August 10, 1999, Michael J. Greene and Anthony Greene; SDA No. 09-01066-000 (District 5); and

 

F) Second Amendment to Standard Reclaimed Water Development Agreement with Atlantic Commons Associates, LLLP; SDA No. 03-90002-001, R2005 1526 (District 5).

 

Summary: In accordance with County PPM CW-0-051, all delegated contracts/agreements/grants/procurement items must be submitted by the initiating Department as a receive and file agenda item.  The documents have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Deputy Director of the Water Utilities Department in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now being submitted to the Board to receive and file. Districts 3, 4 & 5  (MJ)

 

 

2.         Staff recommends motion to approve: Work Authorization No. 3 with Cardinal Contractors, Inc. for installation of a new degassifier and replacement of the odor scrubber at Water Treatment Plant No. 3 (WTP 3) in the amount of $1,640,915.97.  Summary: On January 24, 2012, Palm Beach County Board of County Commissioners approved the Contract for Water, Wastewater and Reclaimed Water Improvements Design/Build Services with Calvin Giordano (R2012-0160). On September 10, 2013, the Contract was assigned from Calvin Giordano to Cardinal Contractors to enable bonding capacity with the same design build team members.  Work Authorization No. 3 will install new equipment necessary to ensure uninterruptible operation of the water treatment facility. The current two degassifiers at WTP 3 provide no redundancy at this critical plant. The odor scrubber for the clearwell has corroded to the point that immediate replacement is required. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Cardinal Contractors, Inc. provides for SBE participation of 26% overall.  This Authorization includes 21.92% overall participation. The cumulative SBE participation, including this Work Authorization is 24.48% overall.  Cardinal Contractors, Inc. is a non-local company.  (WUD Project No. 12-083) District 5 (JM)

           


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

3.         Staff recommends motion to approve:  Work Authorization No. 1 to the Annual Asphalt Milling & Resurfacing Contract with Community Asphalt Corporation (R2013-0235) for the milling and resurfacing of asphalt roadways in the amount of $402,034.45 associated with the project limits of the South County Water Services Replacement Project – Phase II.  Summary:  On March 12, 2013, the Palm Beach County Board of County Commissioners approved the County Engineering Annual Asphalt Milling & Resurfacing Contract with Community Asphalt Corporation (R2013-0235). This Work Authorization No.1 for Water Utilities Department (WUD) provides for the milling and resurfacing of asphalt roadways associated within the project limits of the South County Water Services Replacement Project – Phase II located in the Boca Heights, Boca Springs, Holiday City and Sandalfoot Cove Residential Areas in southwest Boca Raton (along Lyons Road and west of State Road 7 just south of Palmetto Park Road). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Community Asphalt Corporation provides for SBE participation of 15.32% overall. This Authorization includes 12.31% overall participation. The cumulative SBE participation, including this Authorization, is 12.31% overall. Community Asphalt Corporation, Inc. is a local company. (WUD Project No. 11-097) District 5 (MJ)

 

 

4.         Staff recommends motion to approve: Second Amendment to the Interlocal Agreement with the City of Boynton Beach for the purchase and sale of bulk potable water.  Summary:  On December 21, 2004, the Palm Beach County Board of County Commissioners (BCC) approved an Interlocal Agreement (R2004-2599) with the City of Boynton Beach (City) for the County to provide up to five million gallons per day (MGD) of bulk potable water service. This Amendment extends the termination date to December 31, 2043, and authorizes continued utilization of the City's one MGD permanent capacity.  The initial Commodity Fee as of January 1, 2014, shall be $1.42 per thousand gallons.  Beginning January 1, 2015, and for each calendar year thereafter, the Commodity Fee shall be adjusted by an amount equal to prior year's (measured October to October) designated CPI or 3% whichever is lower. This Amendment also establishes a new emergency interconnect between the County and the City and provides for shared cost measures in order to construct the emergency interconnect.  Districts 3, 4, 5 & 7 (MJ)

 

 

5.         Staff recommends motion to approve: a “Utility Work by Highway Contractor” Agreement with Florida’s Department of Transportation (FDOT) in the amount of $10,285.  Summary:  FDOT is proposing improvements to State Road 715 from West Canal Street in Belle Glade to State Road 15 in Pahokee. These improvements will necessitate the adjustment of seven Palm Beach County Water Utilities Department (PBCWUD) water/wastewater valve boxes and 13 manholes that must be protected and adjusted to the new grade elevation. In order to include the adjustment of the valve boxes and manholes within the road improvement project, FDOT requires PBCWUD to enter into a “Utility Work by Highway Contractor” Agreement to reimburse FDOT for the valve box and manhole adjustments in the amount of $10,285. (WUD Project No.13-012-F) District 6 (MJ)


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

6.         Staff recommends motion to approve:  Amendment No. 2 to the unit price Contract with Aquifer Maintenance and Performance Systems, Inc. (AMPS) for the System-Wide Wellfield Rehabilitation and Maintenance Project.  Summary:  On September 20, 2011, the Palm Beach County Board of County Commissioners approved the Water Utilities Department System-Wide Wellfield Improvements Project (R2011-1806) to AMPS in the amount of $577,159.  Staff is recommending that the contract be renewed for an additional 12 month term in the amount of $577,159, allowing for no increase in the unit prices for labor or materials under the renewal.  The contract renewal will allow the continued efficiency and rehabilitation of wellfields throughout the County's service area.  The renewal of the Contract itself does not guarantee, nor authorize any work.  Work will be assigned during the 12 month renewal period by formal Construction Delivery Orders (KDO's) drawn against this continuing contract with the project cost identified on each KDO. The unit prices contained in this renewal contract will be used in determining the cost of the KDO's. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall. This contract with AMPS provides for SBE participation of 100% overall.  AMPS is a Palm Beach County company. (WUD Project No. 11-005/VMG)  Districts 2, 3, 5 & 6 (JM)

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to:

 

A) approve Grant Agreement No. 14PB4 with the Florida Department of Environmental Protection (FDEP) in the amount of $150,000 for retroactive cost-sharing on the Coral Cove Dune Restoration Project (Project) through December 31, 2014; and

 

B) approve a Budget Amendment of $150,000 in the Beach Improvement Fund to recognize the revenue from the Agreement, replenishing the project budget for ongoing maintenance; and

 

C) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications and other forms associated with the Grant Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.

 

SUMMARY: Under the terms of the Grant Agreement, FDEP will reimburse 50% of the non-federal Project costs or up to $150,000.  Match was expended in FY 2013 from tourist development taxes in the Beach Improvement Fund. District 1 (SF)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file:  fully executed Project Agreement Amendment with the Florida Inland Navigation District (FIND) Waterways Assistance Program Grant PB-11-152 for the design and permitting of Bert Winters Park extending the project completion date from September 1, 2013, to September 30, 2014. Summary:  In 2011, the County applied for and was awarded a $90,000 FIND grant to fund a portion of the planning, design and permitting costs associated with the renovation and expansion of the boating facilities at Bert Winters Park.  The term of the grant agreement, R2011-2048, was from October 25, 2011, to September 1, 2013. The County applied for and was awarded a one year project completion extension. The fully executed Project Agreement Amendment is now being submitted to the Board to receive and file.  There are no other changes to the terms of the Agreement as a result of this Amendment. District 1 (AH)

OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

2.         Staff recommends motion to receive and file: fully executed Project Agreement Amendment with the Florida Inland Navigation District (FIND) Waterways Assistance Program Grant PB-10-149 for the design and permitting of Waterway Park increasing FIND’s maximum contribution percentage from 25% to 50%.  Summary: In 2010, the County applied for and was awarded a $100,000 FIND grant for the planning, design and permitting of Waterway Park. The FIND Project Agreement, R2011‑0064, specifies that FIND will contribute $100,000 toward the estimated project cost of $428,711, with a maximum contribution of 25%. On September 18, 2012, a Project Agreement Amendment, R2012-1830, was approved to extend the project completion date for one year. The amended grant term was from October 27, 2011, through September 1, 2013.  A portion of the consultant’s expenses occurred outside the grant term and, therefore, was not eligible for reimbursement. The County requested that the maximum grant percentage for reimbursement be increased from 25% to 50%, while the grant amount remained at $100,000.  FIND approved the Project Agreement Amendment, and the fully executed Project Agreement Amendment is now being submitted to the Board to receive and file. District 1 (AH)

 

 

3.         Staff recommends motion to receive and file: the following original executed Amphitheater Rental Agreement:

 

AEG Live SE, LLC, Slightly Stoopid concert, Sunset Cove Amphitheater, for the period August 24, 2013, through August 25,2013.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  The Amphitheater Rental Agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2011-1960, and is now being submitted to the Board to receive and file. This event helped to offer a balanced schedule of events which promote the quality of life in the communities we serve.  An estimated 3,800 persons attended the event produced under the Amphitheater Rental Agreement. District 5 (AH)

 

 

4.         Staff recommends motion to receive and file:  the following original executed Sound and Light Production Services Contractor Agreement:

 

City Sound and Recording LLC; Slightly Stoopid concert, Sunset Cove Amphitheater, for the period August 24, 2013, through August 25, 2013.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  The Sound and Light Production Services Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2009-0592, amended by Resolution 2010‑0645, and is now being submitted to the Board to receive and file. District 5 (AH)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

5.         Staff recommends motion to receive and file: the following original executed Independent Contractor Agreements:

 

A)  Palm Beach County Officials Association, Inc., Basketball Official; West Boynton Recreation Center, for the period September 7, 2013, through September 29, 2013;

 

B)  Palm Beach County Officials Association, Inc., Junior League Basketball Official; Westgate Recreation Center, for the period September 21, 2013, through September 28, 2013; and

 

C)  Palm Beach County Officials Association, Inc., Youth and Teen League Basketball Official; Westgate Recreation Center, for the period September 21, 2013, through September 28, 2013.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File Agenda Item.  These Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, and 2012-0168, and are now being submitted to the Board to receive and file. Districts 3 & 7 (AH)

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:

 

A) ratify the signatures of the Mayor for the submittal of the following four grant proposals funded from the “Edward Byrne Memorial Justice Assistance Grant (JAG) Program”:

 

1)      Palm Beach County Drug Court Treatment (Drug Court) for $227,407;

2)      Law Enforcement Exchange (LEX) for $100,000;

3)      County-wide Reentry Services for $35,137, for the period from October 1, 2013 through September 30, 2014; and

4)      County-wide Reentry Programs for $158,794, for the period from October 1, 2012 through September 30, 2016.

 

B) authorize the County Administrator or his designee, upon receipt of the grant awards, to execute all related grant documents and contracts for the following entities identified in the grant applications:

 

1)      Drug Court ($227,407);

2)      LEX ($100,000);

3)      Gulfstream Goodwill ($147,474);

4)      The Lord’s Place ($11,320); and

5)      The Public Defender’s Office ($35,137)

SUMMARY: The Criminal Justice Commission (CJC) has approved the recommendations made by the CJC Finance Committee for funding totaling $521,338.  No local match is required for the JAG programs. The Florida Department of Law Enforcement and the Department of Justice provide annual formula allocations to Palm Beach County. Countywide (PGE)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

2.         DELETED: Staff recommends motion to:

 

A) receive and file

 

1)      a Florida Department of Law Enforcement (FDLE) grant award for $362,544 beginning October 1, 2013, through September 30, 2014 to fund drug court, law enforcement and ex-offender reentry programs;

2)      a Department of Justice (DOJ) grant award for $158,794 beginning October 1, 2012, through September 30, 2016 to fund ex-offender reentry programs;

3)      a grant extension for FDLE Grant No. 2013-JAGC-PALM-2-D7-239 through September 30, 2014;

 

B) approve

 

 1)     a Budget Amendment of $18,544 in the Criminal Justice Grants Fund to reconcile the budget for the JAG Program (State) to the actual CJC grant awards;

2)      a Budget Amendment of $14,794 in the JAG Program Local Solicitation to reconcile the budget for the JAG Program (Local) to the actual CJC grant awards;

3)      a downward Budget Amendment of $57,593 in the General Fund reducing the transfers from CJC to Public Safety to reconcile the budget to the actual CJC grant awards; and

4)      a downward Budget Amendment of $58,863 in the Criminal Justice Trust Fund reducing the transfers from CJC to the Public Defender to reconcile the budget to the actual CJC grant.

 

SUMMARY: The Criminal Justice Commission (CJC) receives two annual Edward Byrne Memorial Justice Assistance Grant (JAG) Program formula grants, one from FDLE and one from DOJ. The JAG Programs allow local governments to support a broad range of activities to prevent and control crime based on local needs and conditions.  Palm Beach County has been allocated $362,544 in FFY2013 federal funds as part of the FDLE JAG Program, and $158,794 in FFY2013 federal funds as part of the DOJ JAG Program for expenditure in FY2014.  The CJC recommend reentry programs for funding for the period October 1, 2013, through September 30, 2016.  Concurrent with this item, the board approves 3Q-1, which provides delegated authorization to accept these awards.  There is no match requirement for the JAG Programs. Countywide (PGE)

 

 

R.        HUMAN RESOURCES

 

1.         Staff recommends motion to approve: Palm Beach County’s 2013 – 2014 Affirmative Action Plan, a voluntary effort to correct under-representation where it exists on the Board of County Commissioners’ workforce. Summary: Implementation of this year’s Plan focuses on methods and procedures for achieving targeted work unit goals, enhancing special recruitment efforts, and continuing to develop systems to correct under-representation.  Minority representation for all job categories for 2012 – 2013 was 34.0%, which is .6% below the availability.  Females represented 35.0% of the County’s workforce in 2012 – 2013 as compared to the availability of the labor force for all occupations of 46.6%.  There is no fiscal impact. Countywide (DO)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to approve: a Budget Transfer of $850,000 within the Fire Rescue Impact Fees (Fund 3704) to fund the purchase of a Quint aerial apparatus in Fiscal Year 2014. SUMMARY:  Currently, the Department has five Quint aerial apparatus in its emergency response fleet inventory.  These apparatus provide enhanced technical rescue capabilities using additional heavy extrication equipment, provide Level II dive response, and assist Hazardous Material Technicians with decontamination and atmospheric monitoring. A geographical placement study, including response times of the current fleet of aerial apparatus, was performed and reviewed by the Operations Group.  As a result of that study, it was determined an additional Aerial apparatus should be placed in service to improve aerial response times and enhance the availability of these units.  Based on the population growth in the western communities, the Office of Financial Management and Budget has approved the use of Fire Rescue Impact Fees to fund this purchase. Countywide (SB)

 

 

2.         Staff recommends motion to approve: a First Amendment to Interlocal Agreement for Pharmaceutical Supplies and Medications with the Health Care District of Palm Beach County in a total contract amount not to exceed $340,000 annually.  The First Amendment is effective retroactively to October 1, 2013 and extends the term of the existing agreement through September 30, 2016. SUMMARY: Palm Beach County has been purchasing pharmaceutical supplies and medications from the Health Care District of Palm Beach County since 1992 (R92-63D).  The existing agreement (R2010-1929) expired on September 30, 2013.  Although Fire-Rescue has initiated this item and is the primary user of the Agreement, the Agreement is not limited to Fire-Rescue and may be used by Risk Management, Public Safety and other County Departments. Countywide (SGB)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) rescind the Agreement (R2010-1312) dated August 17, 2010; and

 

B) approve the new Agreement for network services with Palm Beach County (County) and Nonprofits First, Inc. (Non-profit Organization) for an annual revenue total of $3,600; and

 

C) authorize the County Administrator or his designee, ISS Director, to approve and execute Task Orders associated with these services up to maximum total revenue of $50,000 per Task Order.

 

SUMMARY: Nonprofits First, Inc. has an existing network services agreement with the County (R2010-1312).  This Agreement includes an incorrect clause stating network service fees would be adjusted annually based on the ISS Cost Allocation Plan.  This was holdover language from a predecessor agreement which was not intended to apply to the agreement with Nonprofits First, Inc. as fees are actually set based on the rate plan approved by the Board of County Commissioners.  Accordingly, this language has been removed from the new Agreement.  The new Agreement also increases monthly network service fees by $150 per month to reflect increased network utilization by the Non-profit Organization for an annual revenue total of $3,600.  This network connection for a non-profit organization is exempt from paying the Florida LambdaRail connection fee of $100 per month. District 3 (PFK)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: the following documents to the Office of Violence Against Women (OVW) Domestic Violence Homicide Prevention Demonstration Initiative:

 

A) executed contract with Aid to Victims of Domestic Abuse, Inc (AVDA) in the amount of $20,000 for the period of April 1, 2013 to March 31, 2014 to provide professional services.

 

B) executed agreement with Florida State University (FSU) Board of Trustees in the amount of $138,289 for the period of April 1, 2013 to March 31, 2014 to provide professional research services.

 

SUMMARY: On June 4, 2013, the Board of County Commissioners approved the acceptance of the U.S. Department of Justice Office of Violence Against Women (OVW) Grant No. 2013-HI-AX-K012 in the amount of $200,000 to help build the capacity of local jurisdictions to improve identification of and services for high risk victims while better monitoring high-risk offenders to reduce domestic violence related homicide and near homicide. The grant required partnership with one local non-profit, non-governmental domestic violence victim services provider. As a result, $20,000 of the OVW grant will be used to contract with AVDA.  AVDA will be expected to work with Palm Beach County Victim Services to develop and conduct all portions of the project. The grant also required partnership with a research provider.  $138,289 of the OVW grant will be used to contract with FSU. FSU is expected to work with Palm Beach County Victim Services to develop and conduct the community assessment which includes baseline data collection, an assessment to evaluate, and the development of a work plan.  Resolution number R2013-0705 authorizes the County Administrator or his designee to execute future contracts and amendments/modifications utilizing funding from the Department of Justice, OVW grant on behalf of the Board of County Commissioners. Countywide (PGE)

 

 

2.         Staff recommends motion to receive and file: agreements with the following Pre-doctoral Psychology Interns to complete a required 2000-hour internship that will provide the interns training and experience in family and youth counseling payable at $11.50 per hour for the period August 12, 2013 through August 8, 2014:

 

A) Felisha Garcia in the amount of $23,000; and

 

B) Amanda Terrell in the amount of $23,000.

 

SUMMARY:  The Youth Affairs Division is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, etc.  Doctoral programs require internships in order to meet degree and licensing requirements.  The Division is offering its program as a location to obtain this training.  The cost savings involved with this internship program is financially beneficial to the County. Each intern, at a minimum, is assigned and completes the workload equivalent to a Licensed Family Therapist. The hourly rate of a Licensed Family Therapist is $22.44 versus the hourly intern rate of $11.50. This provides the County with an approximate 49% savings per intern. R2012-1313 authorized the County Administrator, or his designee, to execute future pre-doctoral psychology intern contracts on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (PGE)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

3.         Staff recommends motion to receive and file: the Norton Progressive After School Arts Community Education (PACE) Agreement Form for the period October 1, 2013, through September 30, 2014, to provide after school arts community education for at-risk youth attending the Highridge Family Center at no cost to the County. SUMMARY: Highridge Family Center has been selected by the Norton Museum of Art as one of four sites to participate in the PACE program for the FY2013-2014. The PACE program provides free weekly art classes to at-risk youth by a local professional artist.  In exchange for art classes conducted at Highridge, County staff must assist with the annual assessment of the program and the instruction artist, as well as be responsible for the general maintenance and cleaning of the meeting room.  There are no costs associated with this agreement. Resolution Number R2013-0309 authorizes the County Administrator or his designee to execute any Agreements, or amendments with the Norton Museum of Art for educational art classes or programs at the Highridge Family Center on behalf of the Board of County Commissioners. Countywide (PGE)

 

 

4.         Staff recommends motion to receive and file:

 

A) First Amendment to the Agreement (R2012-1142) with Emergency Specialists of Wellington, LLC (ESOW) to amend the contract amount from $138,147.51 to $117,086.16; and

 

B) executed Contract with ESOW in the amount of $152,521.04 for the period of July 1, 2013, through June 30, 2014, for forensic sexual assault examinations and medical treatment.

 

SUMMARY: The Public Safety Departments, Division of Victim Services was awarded Contract No. COH8Z in the amount of $880,662 in recurring funding from the State of Florida, Department of Health (DOH), for the period of September 1, 2011, through June 30, 2014, to implement a sexual assault forensic exam facility in Palm Beach County.  A subcontract with ESOW provides a medical director, a Sexual Assault Nurse Examiner (SANE) Coordinator and a pool of SANEs who work on a rotational stand-by basis to perform forensic rape exams for Victim Services. The ESOW subcontract is funded by COH8Z grant money and from funds generated by the reimbursement of the initial forensic physical examination of a victim of sexual battery by the Attorney General’s Crime Victims’ Services Office as set forth in Florida Statute 960.28.  The First Amendment of the second year ESOW contract (R2012-1142) is necessary to decrease the contract amount paid from COH8Z funds from $100,024.32 to $73,920.22, due to ESOW not expending the funds that were previously awarded and increases the amount of funding from the Attorney General rape exam reimbursement program from $38,123.19 to $43,165.94 for the payment of the rape exams by the stand-by SANE provided through ESOW.  This increase was due to an unexpected increase in the number of rape exams performed from 189 to 214. The third and final year contract with ESOW is necessary for ESOW to continue to provide forensic rape examinations and medical treatment services.  Resolution R2011-1223 authorizes the County Administrator or his designee to execute contracts and amendments utilizing funding from the State of Florida, Department of Health on behalf of the Palm Beach County Board of County Commissioners. Countywide (PGE)

 

 


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

5.         DELETED Staff recommends motion to:

 

A) receive and file an executed Contract with the Florida Council Against Sexual Violence (FCASV) (Contract No. 13RCP26) for the period July 1, 2013, through June 30, 2016, to receive grant funding in the amount of $46,134 for the first year (July 1, 3013 2013 to June 30, 2014) to provide sexual battery recovery services; and

 

B) receive and file an executed Contract with the FCASV (Contract No. 13OAG26) for the period July 2, 2013, through June 30, 2014, to receive grant funding in the amount of $19,970 to provide sexual battery recovery services; and

 

C) receive and file an executed Contract with the FCASV (Contract No. 13GR26) for the period July 1, 2013 and ends on June 30, 2016 to receive grant funding in the amount of $99,841 for the first year (July 1, 2013 to June 30, 2014) to provide sexual battery recovery services; and

 

D) approve the addition of two full-time grant funded (No. 13GR26) Victim Advocate positions (Pay Grade 25) to the Victim Services complement; and

 

E) approve a downward Budget Amendment of $25,209 in the Public Safety Grants fund to adjust the budget to the actual grant awards.

 

SUMMARY: Rape Crisis Program and Office of Attorney General are annual grants that are received by the Division of Victim Services.  Number 13GR26 is a new grant from General Revenue funds recently approved by the Florida Legislature. These funds are provided to certified rape crisis centers for sexual assault recovery services to primary and secondary victims of sexual battery.  The two victim advocate positions will be funded by FCASV Contract No. 13GR26 that begins on July 1, 2013 and ends on July 30, 2016. The positions will end when the grant expires or annual award amounts are no longer funded. These positions will provide crisis response, advocacy, and accompaniment to victims of sexual assault. Resolution number R2006-0096 authorizes the County Administrator or his designee to execute FCASV grant contracts on behalf of the County.  No County match is required. Countywide (PGE)

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to approve: a Contract in the amount of $40,857 with the Center for Urban Transportation Research (CUTR) at the University of South Florida for a Palm Tran bus system assessment in the Glades service area.  Summary: On November 21, 2011, the United States Department of Housing and Urban Development (HUD) announced that Palm Beach County, through its Department of Economic Sustainability (DES), was selected to receive $1.98 Million from the Sustainable Competitive Regional Planning and Communities Challenge Competitive Grant for the creation of a Glades Region Master Plan. One of the deliverables required by HUD under the approved Grant includes the assessment of existing transit services in the Glades area (Lake Region) consisting of 25,671 acres of which 74% are located in unincorporated Palm Beach County and 26% within the Tri-Cities. DES has allocated $84,144 of the grant funds to Palm Tran for development of a Public Transit Improvement Plan. These funds will cover the cost of staff time, the hiring of consultants, and other direct costs. A portion of this study was completed under contract R2012-1434 (October 2, 2012) with CUTR. This Contract will complete the assessment of existing transit services in the Glades area. The bus system assessment will include public meetings and a charrette to determine a future bus transfer location, and new routes to serve a proposed future economic center in the region. The $40,857 total cost of this Contract will be provided by funds from the HUD Community Challenge Grant. District 6 (DR)


OCTOBER 22, 2013

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN (Cont’d)

 

2.         Staff recommends motion to approve: a Contract with the Center for Urban Transportation Research (CUTR) at the University of South Florida in the amount of $38,747.  Summary: On October 2, 2012, the Board of County Commissioners approved a Contract (R2012-1435) with CUTR for $9,466.58 to perform a vehicle on-time performance and bus system schedule assessment of four Palm Tran (PT) fixed routes. The results and recommendation from that study were used by PT to adjust schedules on those routes to improve on-time performance and running times. This Contract with CUTR is to perform the same analysis for 11 additional fixed bus routes. CUTR will make recommendations for improvements to the schedules for each of these routes with a goal of improving schedule reliability and on-time performance. The $38,747 total cost of this Contract is scheduled to be provided by funds from a FY 2010 Federal Transit Administration Grant. Countywide (DR)

 

 

BB.     FIFTEENTH JUDICIAL CIRCUIT - COURT ADMINISTRATION

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Fifteenth Judicial Circuit - Court Administration, FY13/14 State Justice Institute Grant in the amount of $6,550, for the period of September 9, 2013, through July 9, 2014; and

 

B) approve a Budget Amendment in the amount of $6,550 in the Fifteenth Circuit - Court Administration General Fund budget.

 

SUMMARY: On September 9, 2013, the Fifteenth Judicial Circuit - Court Administration received an award from the State Justice Institute. These funds will be used to support cultural diversity training of court staff in five locations within Palm Beach County. The court will provide matching cash state funds of $700. The court will also provide in-kind match of $3,360. No additional positions are needed and no additional County funds are required. Countywide (TKF)

 

 

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


OCTOBER 22, 2013

 

 

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

 

 

A.        Staff recommends motion to adopt: a Resolution to abandon any public interest in all those certain highways, roads, roadways and easements lying within the Plat of County Park Airport Subdivision No. 1, as recorded in Plat Book 21, Page 5, Public Records of Palm Beach County, Florida; vacate all of the Plat of County Park Airport Subdivision No. 1, as recorded in Plat Book 21, Page 5, Public Records of Palm Beach County, Florida; and executing three utility easements over a portion of the entire area to be abandoned.  SUMMARY: Adoption of this Resolution will allow the petitioner, Palm Beach County Department of Airports, to abandon these highways, roads, roadways and easements and vacate this plat to reduce nonconformity with elements of the Comprehensive Plan and various Unified Land Development Code regulations. Vacation of roadways will promote security of the airport. The petition site is located on the north side of Lantana Road and east of Congress Avenue.  District 3 (MRE)

 

 

B.        Staff recommends motion to:

 

1) approve the re-filing of the FY 2012 Section 5307 Federal Transit Administration (FTA) Grant Application FL-90-X812 for capital funds allocated to Palm Beach County in the amount of $14,762,445; and

 

2) authorize the Palm Tran Executive Director or Assistant Director through the County Administrator to execute on behalf of the Board, and to transmit electronically the Board’s approval of the 5307 Grant Application.

 

Summary: On May 21, 2013 (R2013-0627), the Board of County Commissioners (BCC) approved the filing of the FY 2012 Section 5307 Federal Transit Administration (FTA) Grant in the amount of $14,762,445. The grant included a maximum of $1.48 Million for paratransit operations. Staff is recommending reallocating these funds to Palm Tran Fixed Route preventive maintenance which requires an amendment. The original application is in the normal FTA review process which includes certification by the Department of Labor. The Amalgamated Transit Union (ATU) has objected to the grant under the terms of Article 13(c). Staff believes that amending the grant application is beneficial to the County’s argument concerning the ATU objection. The FY 2012-2013 budget does not allocate FTA funds for paratransit operations. Other non-Federal funds were utilized for this purpose. Countywide (DR)

 

 

C.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, establishing an exemption from certain ad valorem taxation for certain new and expanding business properties to encourage economic development in the county; providing for title; providing for enactment authority; providing for intent and declaration;  providing for definition of terms; providing for an approval process application for exemption; providing for application consideration; providing for application fees; providing for revocation of exemption/recovery of funds; providing for appeals; providing for applicability; providing for inclusion in the code of laws and ordinances; providing for severability; providing for repeal of laws in conflict; and providing for an effective date. Summary:  In a referendum held on November 6, 2012, the voters of Palm Beach County authorized the Board of County Commissioners (BCC) to grant economic development ad valorem tax exemptions.  The Ordinance establishing the Economic Development Ad Valorem Tax Exemption Program will remain in effect for a ten year period (from August 31, 2014 until August 31, 2024) based on Section 196.1995, Florida Statutes.  All ad valorem tax exemptions are contingent upon the eligibility of the new business or expanding existing business subject to F.S. 196.012, which determination is made by the Palm Beach County Property Appraiser upon completion of the property improvements.  A business granted an exemption must have a positive economic impact on the County’s economy, including the creation and maintenance of new full-time jobs.  To date, 20 companies have been approved under the Program since its inception in 1994 and over $2.3 Million in business property taxes have been forgiven to date.  First reading of the Ordinance was held on September 10, 2013. Countywide (DW)

 

OCTOBER 22, 2013

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

D.        REVISED BACKUP: Staff recommends motion to adopt:

 

1)  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; and

 

2)  a Resolution of the Board of County Commissioners of Palm Beach County, Florida, finding certain County facilities to be critical to public safety or security and finding certain County facilities to be criminal justice information facilities pursuant to the Palm Beach County Criminal History Record Check Ordinance.

 

SUMMARY:  This Ordinance amends 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 requirements for persons requesting unescorted access to Criminal Justice Information Facilities (CJI Facilities).  The Ordinance 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. 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 Ordinance 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 felonies, misdemeanors, warrants and pending charges/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 Ordinance.  For access to critical facilities only, alternative compliance is amended to include Florida security guards who are already required by County to obtain criminal history record checks from the State and volunteers of the Sheriff’s Office, State Attorney’s Office and the Clerk & Comptroller’s Office. The Resolution is required by the Ordinance to identify Critical and Criminal Justice Information Facilities. (ESS) Countywide (JM)

 

 

 

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


OCTOBER 22, 2013

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to:

 

A) waive the Board of County Commissioner policy that limits advisory board members to eleven members under Resolution No. R2013-0913; and

 

B) adopt a Resolution repealing and replacing Amended Resolution R2008-1810 with the proposed Resolution.

 

SUMMARY:  The Resolution that establishes the framework for the Water Resource Task Force (Resolution No. R2008-1810) is being repealed and replaced with a new Resolution that complies with the uniform policies and procedures for advisory boards adopted by the Board in Resolution No. R2013-0913. The changes include the establishment of term limits for the advisory members and alternates of the Task Force, and the creation of uniform term durations. Resolution No. 2013-0913 sets the maximum number of members of an advisory board at 11 members.  There are 14 members of the Task Force. The number was originally established to incorporate representatives from various cross-sections of the community (such as League of Cities, Utilities, Local Drainage Districts, farming interests, builders, and the environmental communities) to address water issues within the County. In order to accomplish that goal staff recommends that the Board waive the maximum so that the Task Force membership may remain at 14 members. Countywide (MJ)

 

 

B.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve on preliminary reading and advertise for public hearing on November 19, 2013, at 9:30 a.m.:  an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Palm Beach County Code, Sections 2-260.14 and 2-260.15, codifying Palm Beach County Ordinance No. 2010-006, as amended, pertaining to the County Internal Audit Committee; providing for an alternate member of the County Internal Audit Committee; incorporating uniform policies and procedures for County advisory boards and providing for an effective date. SUMMARY:  Ordinance No. 2010-006, as amended, created the County Internal Audit Committee. The Board adopted Resolution No. 2013-0193, imposing specific requirements on County advisory boards, such as the County Internal Audit Committee. This Ordinance amends County Code Sections 2-260.14 and 2-260.15 to provide that the uniform policies and procedures in Resolution No. 2013-0193 will apply to the County Internal Audit Committee. Per Board direction, an alternate member has been added to the County Internal Audit Committee. Countywide (PFK)

 

 

C.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to approve: a new rate structure applicable to GIS hosting services provided by Palm Beach County to external agencies.  SUMMARY:  ISS is proposing a variable rate structure for providing GIS hosting services to external agencies. This standard rate structure was developed using an analysis of market pricing for similar services and will be applicable to all future agreements for GIS hosting services provided to external agencies.  This program supports the concept of collaboration among public sector agencies and results in service improvements for the connected agencies, cost savings to the taxpayers as well as numerous other intangible benefits. Countywide (PFK)

 

 


OCTOBER 22, 2013

 

 

5.         REGULAR AGENDA

 

 

D.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for four historic properties located within the Town of Palm Beach; and

 

B) approve restrictive covenant for the historic properties, requiring the qualifying improvements be maintained during the period that the tax exemption is granted.

 

SUMMARY: The Resolution will authorize a County tax exemption for the following historic properties located within the Town of Palm Beach:

 

Address: 1 South County Road /The Breakers Palm Beach, Inc. (Commercial-Hotel);

Address: 350 Worth Avenue /The Everglades Club, Inc. (Commercial-Private Club);

Address: 691 North County Road (Residential);

Address: 300 Barton Avenue (Residential).

 

If granted the tax exemption shall take effect January 1, 2014, and shall remain in effect for ten years, or until December 31, 2023.  The exemption shall apply to 100 percent of the assessed value of all improvements to each historic property, which resulted from restoration, renovation, or rehabilitation of the property. Actual exemption amounts will be based upon the Countywide Millage rate on a yearly basis. It is estimated that approximately $87,625 tax dollars will be exempted annually based on the 2014 Countywide Millage Rate. Accompanying each resolution is a restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. District 1 (RPB)

 

 

E.        TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to approve: the results of the Brand Assessment- Blueprint Phase research and recommendation for the Tourism Identity name for Palm Beach County. SUMMARY: Previous direction by the Board of County Commissioners was to assess the destination brand in order to develop a one-of-a-kind tourism experience for Palm Beach County. Research was conducted to analyze the perception of the destination by all tourism customer groups and stakeholders. Customer groups included visitors, meeting planners and travel trade. Representatives from community agencies, government entities, chambers of commerce, lodging facilities, attractions and business leaders participated as tourism stakeholders. With the completed Brand Assessment and development of our Brand Promise, the strategic direction for all of our messaging, graphic design and visual elements of our communications strategy are based upon a common Brand Blueprint across the TDC agencies. Today’s presentation is the result of those findings and the recommendation for the Tourism Identity name. The TDC Board approved the Tourism Identity Name at the September TDC Meeting. Countywide (DW)

 

 


OCTOBER 22, 2013

 

 

5.         REGULAR AGENDA

 

 

F.         COMMUNITY SERVICES

 

1.         DELETED: Staff requests direction on: continuation or suspension of County-operated and contracted Head Start/Early Head Start services due to failure of the federal government to appropriate funds and issue October 1, 2013, Head Start grant awards. SUMMARY: On October 1, 2013, in response to a notification from the Department of Health & Human Services Office of Head Start, that federal funding for Head Start/Early Head Start services would lapse as of that date, the Board of County Commissioners authorized funds to continue services through October 25, 2013, pending resolution of the federal government shutdown and receipt of the federal grant award.  It was further agreed that the issue would be revisited at the October 22nd meeting if the grant award was not received by that date.  By October 25, 2013, the County will have expended an estimated $1.5 million from contingency reserves to maintain program services. An additional $375,000 per week from reserves will be required to compensate for the funding shortfall and maintain current program operations. No information has been received from federal authorities as to the likelihood of reimbursement of funds expended during the budget lapse and the projected date of resolution is unknown. Countywide (TKF)

 

 

2.         Staff recommends motion to:

 

A) approve Head Start/Early Head Start Contracted Services Agreements with the below-listed agencies for the period October 1, 2013, through September 30, 2014, in an amount totaling $6,567,101 for services to Head Start and Early Head Start children and families:

 

1) The Union Missionary Baptist Church, Inc. (Day Care Center) will provide services for up to 72 Head Start children, in an amount not to exceed $397,620;

 

2) The Young Women’s Christian Association of Palm Beach County, Florida will provide services for up to 84 Head Start children, in an amount not to exceed $528,045;

 

3) Hispanic Human Resources Council, Inc. will provide services for up to 261 Head Start children, in an amount not to exceed $1,640,711;

 

4) Emmanuel Child Development Center, Inc. will provide services for up to 20 Early Head Start children, in an amount not to exceed $158,625;

 

5) A Step Above Learning Center, Inc. will provide services for up to 20 Head Start children, in an amount not to exceed $110,450;

 

6) Apostolic Child Development Centers, Inc. will provide services for up to 38 Early Head Start children, in an amount not to exceed $301,388;

 

7) Apostolic Child Development Centers, Inc. will provide services for up to 78 Head Start children, in an amount not to exceed $458,333;

 

8) Florence Fuller Child Development Centers, Inc. will provide services for up to 22 Early Head Start children, in an amount not to exceed $174,488;

 

9) Florence Fuller Child Development Centers, Inc. will provide services for up to 156 Head Start children, in an amount not to exceed $980,655;

 

10) Education Development Center, Inc. will provide services for up to 82 Head Start children, in an amount not to exceed $452,845;


OCTOBER 22, 2013

 

 

5.         REGULAR AGENDA

 

 

F.         COMMUNITY SERVICES (Cont’d)

 

2.         MOTION/TITLE CONTINUED

 

11) The King’s Kids Early Learning Center, Inc. will provide services for up to 51 Head Start children, in an amount not to exceed $281,648;

 

12) Community Child Care Center of Delray Beach, Inc. d/b/a Achievement Centers for Children and Families will provide services for up to 37 Head Start children, in an amount not to exceed $204,333;

 

13) Kidz Kaleidoscope Center for Early Learning, Inc. will provide services for up to 32 Head Start children, in an amount not to exceed $176,720;

 

14) Tender Love & Care Child Development Center, Inc. will provide services for up to 32 Head Start children, in an amount not to exceed $176,720;

 

15) Family Central, Inc. will provide services for up to 72 Early Head Start children, in an amount not to exceed $524,520;

 

16) The School Board of Palm Beach County will provide services for up to 265 Head Start children, in an amount not to exceed $1,670,851; and

 

17) The School Board of Palm Beach County will provide services for up to 24 Early Head Start children, in an amount not to exceed $429,177.

 

B) approve Amendment No. 1 to each of the Contracted Service Agreements providing for suspension of contracted program services in the event that federal grant funding to the County is suspended or there is a lapse in grant funding for any reason; and

 

C) authorize issuance of Termination of Agreement notices in accordance with the provisions of Article 5 of the Contracted Service Agreements in the event the grant to the County under the Head Start Act expires or is terminated as a result of the 2014 Head Start grant award competitive process.

 

SUMMARY: Palm Beach County receives annual funding to provide Head Start/Early Head Start programming through a federal grant from the Department of Health & Human Services, Administration for Children & Families, Office of Head Start. A portion of the classroom and family services are contracted or delegated to local non-profit and faith-based organizations and the School District. Annual service agreements are utilized for this purpose.  The agreements being recommended in this item include a not-to-exceed amount consistent with our pending application with the Office of Head Start.  These funds have not yet been appropriated by the federal government.  Approval of the Agreements and Addendum No. 1 to each Agreement will define the scope of services required, terms and conditions and provide for payment only during the times of actual service delivery. Additionally, staff is requesting authorization to terminate the Agreements in the event that the federal grant to the County expires or is terminated.  The federal share of program costs is approximately 75%. The remaining funding is County ad valorem. (Head Start) Countywide (TKF)

 

 


OCTOBER 22, 2013

 

 

5.         REGULAR AGENDA

 

 

G.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         REVISED MOTION/TITLE & SUMMARY: Staff recommends motion to:

 

A) approve a Sale and Purchase Agreement (Agreement) with the South Florida Water Management District (“SFWMD”) for the sale of 1,896 acres of the County’s Mecca property for $26,000,000; and

 

B) adopt a Resolution authorizing the Sale of the Mecca Property to SFWMD without reservation of mineral rights.

 

SUMMARY: Consistent with Board direction from the May 21, BCC meeting, this Agreement provides for the sale of the Mecca Property to the SFWMD at the County’s appraised value of $26M. The County will retain title to the 22.7 acres upon which WUD’s water plant was constructed.  The County will also have the option to buy back 98.55 acres of right-of-way for Seminole Pratt Whitney Road for $14,000/acre. This Agreement was approved by the SFWMD’s Governing Board at its October 10, 2013 meeting. SFWMD’s obligation to close under this Agreement is contingent upon approval of this Agreement by the Governor, DEP and Legislative Budget Commission. Closing is scheduled to occur not later than December 16th of this year. The SFWMD approved a separate Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission (“FWCC”) for the conveyance of 150 acres of the Mecca Property to FWCC for development of a public shooting range, in exchange for FWCC granting SFWMD an easement over 150 acres within the Corbett Wildlife Management Area required for SFWMD’s projects.  While there still remain numerous details to be worked out between SFWMD and FWCC: 1) SFWMD and FWCC Staff do not believe there are any fatal flaws; and 2) County Staff believes that it is in the best interest of both SFWMD and FWCC to complete an exchange. As such that there is a high probability that FWCC will ultimately acquire the land it needs for the shooting range. This sale must be approved by a supermajority vote (5 Commissioners). (PREM) District 1 (HJF)

 

 

2.         REVISED TITLE: Staff recommends motion to approve: Amendment Number 3 to Interlocal Agreement (R2007-0349) with the City of Riviera Beach for funding of improvements to the City Marina, to extend the project completion date to December 1 31, 2013. SUMMARY:  This Amendment Number 3 extends the project completion date to allow for completion of the reimbursement process. No additional funding is being requested or contemplated by this Amendment. The City completed construction of the project and the project was open to the public by December 31, 2012 as required by Amendment Number 2 (R2012-1032).  However, not all invoices were received and paid by the City by that date.  The Clerk’s Office has taken the position that only invoices paid by the City prior to the project completion date are eligible for reimbursement.  This extension of the project completion date will allow for full and final reimbursement of the balance of the grant funding. (PREM) District 7 (HJF)

 

 

3.         Staff requests Board direction: regarding the status of projects under the $50M Waterfront Access Bond Issue, including the Riviera Beach Marina and Lake Park Marina Projects.   SUMMARY:  Staff has prepared a report updating the status of each individual project allocated funding under the $50M Waterfront Access Bond Issue approved by the voters in November of 2004.  Recently, concerns have been raised regarding the design of the Riviera Beach Marina renovations.  In addition, the Town of Lake Park has requested a modification of the Interlocal Agreement for funding assistance for its Marina project. Both projects are reviewed in the status report. (PREM) District 7/Countywide (HJF)

 


OCTOBER 22, 2013

 

 

5.         REGULAR AGENDA

 

 

            H.        ECONOMIC SUSTAINABILITY

 

1.         MOVED FROM CONSENT (WAS 3I-8), REVISED MOTION/TITLE & SUMMARY: Staff recommends motion to approve:

 

A) adopt a Resolution by the Board of County Commissioners of Palm Beach County, Florida, recommending approval of Red Hawk Fire & Security, LLC, a limited liability company, as a Qualified Target Industry (QTI) business pursuant to s.288.108, Florida Statutes; providing for local financial support for the Qualified Target Industry Tax Refund Program not to exceed $24,500; and

 

B) approve an Economic Development Incentive Grant Agreement with Red Hawk Fire & Security, LLC in the amount of $24,500.

 

Summary: On April 2, 2013, the Board of County Commissioners (BCC) conceptually approved a Job Growth Incentive (JGI) Grant in the amount of $24,500 for Project Shield.  This Resolution discloses the company’s name, whose company name is Red Hawk Fire & Security, LLC, which was previously referred to as Project Shield.  In accordance with the Agreement, the company will expand their existing financial headquarters in Boca Raton.  The company will create 35 new permanent full-time jobs by December 31, 2014, with an average annualized wage of $110,000 and retain 20 existing employees for a period of five years from the Effective Date of the Agreement.  The State of Florida has approved a Qualified Target Industry Grant in the amount of $245,000 of which $49,000 is the local match.  The City of Boca Raton has agreed to provide half of the local match in the amount of $24,500.  The County’s investment will be secured by a Letter of Credit, Bond, or equivalent.  The five year local Economic Development Return on Investment is anticipated to be $24 Million.  Funding from the JGI Grant will come from the General Fund Revenues. District 4 (DW)

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

42a

 


OCTOBER 22, 2013

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


OCTOBER 22, 2013

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


OCTOBER 22, 2013

 

 

8.         COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK

 

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA

 

Request approval to present off-site, a Proclamation declaring October 2013 as “National Arts and Humanities Month” in Palm Beach County.

 

ADD-ON: Request approval to present off-site, a Proclamation declaring October 23 – 31, 2013 as “National Red Ribbon Week” in Palm Beach County.

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS, MAYOR

 

Ratify the appointment of Brenda Oakes from the Criminal Justice Commission to the Juvenile Justice Commission

 

 

 

 

E.        District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

F.         District 6 - COMMISSIONER JESS R. SANTAMARIA

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR, VICE MAYOR

 

ADD-ON: Request approval to present off-site, a Proclamation recognizing the 50th Anniversary of the Orthodox Zion Primitive Baptist Church.

 

 

 

 

 

 

9.         ADJOURNMENT

 

"If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based."