BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

AUGUST 19, 2014

TUESDAY COMMISSION

9:30 A.M. CHAMBERS

1. CALL TO ORDER

A. Roll Call

B. Invocation

C. Pledge of Allegiance

2. AGENDA APPROVAL/SPECIAL PRESENTATIONS

A. Additions, Deletions, Substitutions

B. Adoption

C. Special Presentations (Page 8)

3. CONSENT AGENDA (Pages 9 - 36)

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

5. REGULAR AGENDA (Pages 38 - 40)

6. BOARD APPOINTMENTS (Page 41)

7. BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIROMENTAL CONTROL BOARD (Page 42)

8. STAFF COMMENTS (Page 43)

9. COMMISSIONER COMMENTS (Page 44)

10. ADJOURNMENT (Page 44)

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AUGUST 19, 2014

TABLE OF CONTENTS

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 8

2C-1 Professional Firefighters and Paramedics of Palm Beach County IAFF Local 2928 and Palm Beach County Fire Rescue Firefighter Appreciation Month

2C-2 Dr. Charles Baldwin, Humanitarian and Advocate

CONSENT AGENDA

A. ADMINISTRATION

Page 9

3A-1 Appointment to the Health Council of Southeast Florida, Inc.

3A-2 Golf Tournament Agreement with Trump International Golf Club, LC and the Homeless Coalition of Palm Beach County, Inc. for charitable golf tournament

B. CLERK & COMPTROLLER

Page 9

3B-1 Warrant list

3B-2 Minutes

3B-3 Contracts and claims settlements list

Page 10

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

3B-5 List of errors, insolvencies, double assessments, discounts and Value Adjustment Board reductions on the 2013 Assessment Roll

C. ENGINEERING & PUBLIC WORKS

Page 10

3C-1 Declaration of Restrictive Covenant with the Florida Department of Environmental Protection for the Lyons Road right-of-way

3C-2 Resolution conveying a 7.5 foot wide right-of-way parcel to the Florida Department of Transportation (east side of Alternate A-1-A, south of RCA Boulevard)

Page 11

3C-3 First Amendment to the Annual Pathway & Minor Construction Contract with Wynn & Sons Environmental Construction Co, Inc.

3C-4 Contracts with McMahon Associates, Inc. and Simmons & White, Inc. to provide professional services for traffic signal design projects on a task order basis

3C-5 Contract with R.J. Behar & Company, Inc. for preparation of design plans and construction bid documents related to the Haverhill Road (north of Caribbean Blvd to Beeline Hwy) project

3C-6 Task Order with Alan Gerwig & Associates, Inc. for preparation of design plans and construction bid documents related to the Kirk Road over the L-7 Canal project

3C-7 Deleted

Page 12

3C-8 Contract with Johnson-Davis, Inc. for construction of Seminole Boulevard & Osceola Drive L-2 Canal Bridge replacement project

3C-9 Task Order with Arcadis U.S., Inc. for preparation of design plans and construction bid documents related to the PGA Boulevard and Central Boulevard Intersection Improvements project

3C-10 Contracts with Tierra South Florida, Inc., GFA International, Inc. and with Nutting Engineers of Florida, Inc. for construction materials testing, geotechnical engineering and inspection projects on a task order basis

3C-11 Resolution conveying three right-of-way parcels on Military Trail (north and south of Burns Road) to the Florida Department of Transportation

Page 13

3C-12 Assignment of a Grant of Non-Exclusive Easement to the Town of Jupiter for the operation and maintenance of the drainage system serving Bush Road

3C-13 Contract with J.W. Cheatham, LLC for construction of Fargo Avenue (El Paso Drive to Arrowhead Drive) and El Paso Drive, Pancho Way and Pinto Drive east of Blanchette Trail

AUGUST 19, 2014

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

D. COUNTY ATTORNEY

Page 13

3D-1 Payment to the Florida Association of Counties, Inc. for Palm Beach County’s share of costs and fees associated with the Department of Juvenile Justice Administrative Rule Challenge

E. COMMUNITY SERVICES

Page 14

3E-1 Amendments to standard agreements with the Area Agency on Aging to adjust grants with service needs for various Division of Senior Services programs

F. AIRPORTS

Page 15

3F-1 Corrective Easement with Palm Beach County Water Utilities Department for water utility facilities to service new hangar at PBIA

3F-2 Master Lease Confirmation to the Consent to Assignment of Lease between Galaxy Aviation of Palm Beach, Inc. and Atlantic Aviation West Palm Beach, LLC

3F-3 License Agreement with Sixt Rent A Car, LLC for overflow parking of vehicles in connection with Sixt’s rental car operation at PBIA

3F-4 License Agreement with CareerSource Palm Beach County, Inc. for the storage of furniture and equipment within a portion of Building 1169 at PBIA

3F-5 License Agreement with Galaxy Aviation of Lantana, Inc. for common hangar aircraft storage at Palm Beach County Park Airport

Page 16

3F-6 Summary of fees and charges for the standard form Hotel-Motel Courtesy Shuttle Operator Permit at PBIA

3F-7 Hotel-Motel Courtesy Shuttle Operator Permit with Hotel West Palm Beach, LP (d/b/a DoubleTree West Palm Hotel)

3F-8 Twelfth Amendment to Airline Operating and Lease Agreement with Air Canada

3F-9 Resolution establishing a standard form Off-Airport Parking Lot Operator Ground Transportation Permit

3F-10 List of 12 charitable organizations to benefit from proceeds (coins) from the fountain at PBIA during the FY 2015

Page 17

3F-11 Acceptance of an Avigation Easement from Bridgewater Lake Osborne, LLC for the benefit of the Palm Beach County Park Airport

3F-12 Enterprise Leasing Plat allowing Enterprise to develop two properties as a single rental car facility

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 17

3G-1 Request by Tax Collector to order the 2014 tax roll be extended prior to completion of Value Adjustment Board hearings/direct VAB to certify the assessment roll

Page 18

3G-2 Budget Amendments relating to the issuance of the Series 2014 Refunding Bonds for partial refunding for the General Obligation Bonds

H. FACILITIES DEVELOPMENT & OPERATIONS - None

I. ECONOMIC SUSTAINABILITY

Page 18

3I-1 Budget Transfer/Amendment relating to funding the Philip D. Lewis Center

3I-2 Approve the nomination of Raymond Popkin as Chairperson of the Housing Finance Authority for the term June 2014 through May 2015

Page 19

3I-3 Interlocal Cooperation Agreements with 29 municipalities in order to receive entitlement funding allocations under several U.S. Department of Housing & Urban Development programs

AUGUST 19, 2014

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

I. ECONOMIC SUSTAINABILITY (Cont’d)

Page 20

3I-4 Receive and file various standard amendments and Modifications to Subgrant Agreements with the Florida Department of Economic Opportunity

3I-5 Amendment No. 2 with the City of Pahokee regarding purchase of an emergency generator at the City’s Gymnasium/Conference Center

Page 21

3I-6 Budget Amendment in the Housing & Community Development Fund relating to the Emergency Solution Grant

3I-7 Budget Transfer/Amendments relating to the Neighborhood Stabilization Program

Page 22

3I-8 Palm Beach County Micro Loan Program policies

J. PLANNING, ZONING & BUILDING - None

K. WATER UTILITIES

Page 22

3K-1 First Amendment to the Indemnity Agreement with AP 2012 – Boynton, LLC relative to installation of a fence and landscaping within a portion of the County’s utility easement

Page 23

3K-2 Amendment No. 2 with Hinterland Group, Inc. for the rehabilitation of sanitary sewer concrete structures and lift stations

3K-3 Contract with H & R of Belle Glade, Inc. for the Western Region Operations Center Site Demucking & Earthwork project

3K-4 Work Authorization No. 1 to Hinterland Group, Inc. for Covered Bridge Gravity Sewer Lining project

Page 24

3K-5 Contract with All Webbs Enterprises, Inc. for Mechanical Integrity testing of Deep Injection Wells at Western Region Wastewater Treatment Plan and Western Region North Wastewater Treatment Plant

3K-6 Contract with MWH Americas, Inc. for engineering and construction services to assist with the implementation of the 2015-2020 Capital Improvement Plan on a task order basis

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 25

3L-1 Receive and file several Task Assignments with the Florida Fish and Wildlife Conservation Commission relating to aquatic vegetation control

3L-2 Resolution approving standard from Interlocal Agreement for Law Enforcement Services within the Lake Worth Lagoon during manatee season

Page 26

3L-3 Estuary Habitat Restoration Program Cooperative Agreement with the Department of the U.S. Army Corps of Engineers relating to the construction of the Grassy Flats Restoration project

M. PARKS & RECREATION

Page 26

3M-1 Lease Agreement with David Salvador to reside at Peanut Island Park

Page 27

3M-2 Ratify the Mayor’s signature on the Indian River Lagoon License Plate Grant Application submitted to the South Florida Water Management District relating to the Jupiter Beach Park Environmental Restoration project

3M-3 Budget Transfer to Pioneer Park Splashpad improvements project

Page 28

3M-4 Receive and file four Entertainment Contractor Agreements

3M-5 Receive and file one Amphitheater Rental Agreement

AUGUST 19, 2014

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

M. PARKS & RECREATION (Cont’d)

Page 29

3M-6 Receive and file two Sound & Light Production Services Contractor Agreements

3M-7 Receive and file two Independent Contractor Agreements and one First Amendment to Independent Contractor Agreement

N. LIBRARY

Page 30

3N-1 Long Range Plan for FY 2015-2017

P. COOPERATIVE EXTENSION SERVICE

Page 30

3P-1 Agreement with the Palm Beach Soil and Water Conservation District to provide soil and water resource conservation services for FY 2015

3P-2 Accept donation from the Friends of the Mounts Botanical Garden, Inc. for a Tropical Wetland Garden and design

Q. CRIMINAL JUSTICE COMMISSION

Page 31

3Q-1 Ratify the Mayor’s signature on the FY 2014 Competitive Grant Application for the federal Office of Minority Health’s Youth Empowerment Program II

R. HUMAN RESOURCES - None

S. FIRE RESCUE

Page 31

3S-1 Receive and file a copy of the Village of Royal Palm Beach Ordinance No. 983 extending participation in the Fire Rescue Municipal Services Taxing Unit

3S-2 First Amendment with Dr. Thomas H. Matese, Jr., to provide professional services as Medical Director for Palm Beach County Fire Rescue

T. HEALTH DEPARTMENT - None

U. INFORMATION SYSTEMS SERVICES - None

V. METROPOLITAN PLANNING ORGANIZATION - None

W. PUBLIC AFFAIRS - None

X. PUBLIC SAFETY

Page 32

3X-1 Receive and file two contracts for professional services for two Post-doctoral Psychology residents to complete training and experience in family and youth counseling

3X-2 Receive and file one Memorandum of Agreement with the City of Miami to receive equipment procured by the City of Miami using de-obligated regional Urban Area Security Initiative funding

Page 33

3X-3 Agency Affiliation Agreement for Psychology Students with Palm Beach Atlantic University, Inc. to obtain clinical experience in family and youth counseling

3X-4 Appointment to the Consumer Affairs Hearing Board

Page 34

3X-5 Florida Department of Law Enforcement Criminal Justice Information Services Criminal History Record Check User Agreement for Non-Criminal Justice Purposes relating to the vehicle for hire drivers

Y. PURCHASING - None

AUGUST 19, 2014

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

Z. RISK MANAGEMENT - None

AA. PALM TRAN

Page 34

3AA-1 Disadvantaged Business Enterprise three-year program goal

BB. SHERIFF

Page 34

3BB-1 Receive and file Memorandum of Agreement Modification No. 1 with the City of Miami, extending the FY 2012 Urban Area Security Initiative Grant relating to various domestic security activities

Page 35

3BB-2 Receive and file a Grant Modification No. 3 with the Office of National Drug Control Policy to provide additional funding for the Palm Beach Narcotics Task Force

3BB-3 Accept a Notification of Amended Donation by Great American Financial Resources for an insurance policy benefit from a former employee

3BB-4 Receive and file a Federally-Funded Subgrant Agreement with the Florida Division of Emergency Management relating to FY 2011 Operation Stonegarden project

Page 36

3BB-5 Receive and file Modification No. 3 to Subgrant Agreement with the Florida Division of Emergency Management relating to the FY 2010 Operation Stonegarden project

PUBLIC HEARINGS – 9:30 A.M.

Page 37

4A Water Utilities Tampering Ordinance

REGULAR AGENDA

COUNTY ATTORNEY

Page 38

5A-1 Stipulated Settlement Agreement with Westgate Tabernacle, Inc. relating to code enforcement fines

ENVIRONMENTAL RESOURCES MANAGEMENT

Page 38

5B-1 Agreement with American Equities, Ltd. No. 6 for maintaining access to the Pine Glades Natural Area

PUBLIC SAFETY

Page 39

5C-1 Resolution enacting a new schedule of fees, fines and minimum commercial automobile liability insurance limits for the Vehicle for Hire Ordinance

ECONOMIC SUSTAINABILITY

Page 39

5D-1 Approval of Community Development Block Grant funding for two roadway resurfacing projects

LIBRARY

Page 39

5E-1 Library Advisory Board selection of new Library Department Director

AUGUST 19, 2014

TABLE OF CONTENTS

REGULAR AGENDA CONTINUED

ADMINISTRATION

Page 40

5F-1 Resolution supporting Project Blink for an Ad Valorem Tax Exemption

BOARD APPOINTMENTS (Page 41)

BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Page 42)

STAFF COMMENTS (Page 43)

COMMISSIONER COMMENTS (Page 44)

ADJOURNMENT (Page 44)

AUGUST 19, 2014

2C. SPECIAL PRESENTATIONS – 9:30 A.M.

1. Proclamation declaring August 2014 as “Professional Firefighters and Paramedics of Palm Beach County IAFF Local 2928 and Palm Beach County Fire Rescue Firefighter Appreciation” Month (Sponsored by Mayor Taylor)

2. Proclamation honoring the late Dr. Charles Baldwin, Humanitarian and Advocate. (Sponsored by Mayor Taylor)

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

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION

1. Staff recommends motion to approve: appointment of one individual to the Health Council of Southeast Florida, Inc. for a two year term commencing August 19, 2014:

Reappoint Seat No. Seat Requirement Recommended By

Addie L. Greene 6 Health Care Consumer Mayor Taylor

SUMMARY: The Health Council of Southeast Florida, Inc. (Council) is a not-for-profit corporation established pursuant to Section 408.033, Florida Statutes, for the purpose of providing and coordinating health planning activities within Palm Beach, Martin, St. Lucie, Indian River and Okeechobee Counties. The Council consists of twelve members: six representatives for Palm Beach County; two members appointed by Martin County; two members appointed by St. Lucie County; one member appointed by Indian River County; and one member appointed by Okeechobee County. The appointees must be representatives of health care providers, health care purchasers, and non-governmental health care consumers, not to exclude elected government officials. On June 17, 2014, staff circulated a memo to the Board of County Commissioners requesting nominations for three vacant seats. Ms. Greene was nominated by Mayor Taylor for the health care consumer seat. No additional nominations were received. Upon the filling of the above seat, two openings are still available for: 1) a health care provider, and 2) a health care purchaser. Countywide (TKF)

2. Staff recommends motion to approve: Golf Tournament Agreement with Trump International Golf Club, L.C. and Homeless Coalition of Palm Beach County, Inc., for a one day charitable golf tournament to be held on November 10, 2014. Summary: The Development Site Lease Agreement with the Trump International Golf Club, L.C. (Trump), approved September 3, 1996 (R96-1277D), allows use of the golf course during the months of May through October for the County to host either a single two-day, or two one-day charitable golf tournament(s). The Golf Tournament Agreement provides for the Trump International Golf Club to be available exclusively for the tournament to be held on November 10, 2014. Proceeds from the golf tournament will benefit Homeless Coalition of Palm Beach County, Inc. Countywide (AH)

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

Environmental Control Board June 26, 2014

Zoning June 26, 2014

Regular July 1, 2014

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

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

B. CLERK & COMPTROLLER (Cont’d)

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 March 2014. Countywide

5. Staff recommends motion to approve: List of errors, insolvencies, double assessments, discounts & Value Adjustment Board reductions on the 2013 Assessment Roll. SUMMARY: Section 197.492, Florida Statutes requires that on or before the 60th day after the tax certificate sale, the Tax Collector shall make out a report to the Board of County Commissioners, separately showing the discounts, errors and double assessments and insolvencies for which credit is to be given, including in every case except discounts, the names of the parties on whose account the credit is to be allowed. The Board of County Commissioners, upon receiving the report, shall examine it; make such investigations as may be necessary; and, if the board discovers that the Tax Collector has taken credit as an insolvent item any personal property tax due by a solvent taxpayer, charge the amount of taxes represented by such item to the Tax Collector and not approve the report until the Tax Collector strikes such item from record. Countywide (PFK)

C. ENGINEERING & PUBLIC WORKS

1. Staff recommends motion to approve: a Declaration of Restrictive Covenant with the Florida Department of Environmental Protection (FDEP) for the Lyons Road right-of-way, from approximately 700’ south of Atlantic Avenue to Atlantic Avenue. SUMMARY: Approval of the restrictive covenant will resolve soil and groundwater contamination concerns with FDEP by restricting the future use of the Lyons Road right-of-way. The restrictions on the future use of the Lyons Road right-of-way are compatible with continued use of the right-of-way for roadway purposes. District 5 (MRE)

2. Staff recommends motion to adopt: a Resolution authorizing the conveyance of a Palm Beach County (County) owned parcel for right-of-way to the Florida Department of Transportation (FDOT) without charge and without reservation of phosphate, minerals, metals, and petroleum rights, and without right of entry and exploration pursuant to Florida Statute Section 270.11. This parcel is located on the east side of Alternate A-1-A (also known as State Road 811) just south of RCA Boulevard. SUMMARY: Approval of this Resolution will authorize a County Deed to convey a 7.5 foot wide right-of-way parcel on Alternate A-1-A to FDOT. The County normally reserves its interest in phosphate, minerals, metals and petroleum rights per Florida Statute Section 270.11. FDOT has requested the exclusion of this reservation language because it requires the property to be free and clear, without encumbrances. District 1 (MRE)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

3. Staff recommends motion to approve: a First Amendment to the Annual Pathway & Minor Construction Contract (Contract), R2013-0427, Project No. 2013051; dated April 16, 2013, with Wynn & Sons Environmental Construction Co., Inc. (Contractor) to extend the Contract expiration date from September 30, 2014 to September 30, 2015; and increase the amount of the Contract by $5,150,000. SUMMARY: Approval of this First Amendment will extend the expiration date from September 30, 2014 to September 30, 2015, and will increase the Contract amount by $5,150,000 from $9,145,000 to $14,295,000. The Contract provides that its term may be extended for a defined period of time, within a maximum Contract time of 36 months. The initial Contract term was 18 months. This 12-month extension will bring the total authorized Contract time to 30 months. The original Contract amount is based on the original Contract time. As the Contract time is extended into a new budget year, the Contract amount needs to be increased. The increased Contract amount is based on estimated amounts to be expended throughout Palm Beach County by the Water Utilities Department and the Road & Bridge Division. Countywide (MRE)

4. Staff recommends motion to approve: contracts with McMahon Associates, Inc. Transportation Engineers (McMahon) and Simmons & White, Inc. (S&W), to provide the necessary professional services for traffic signal design projects on a task order basis, for Palm Beach County (County) projects, as required. SUMMARY: Approval of these contracts will provide the necessary professional services for traffic signal design throughout the County for all user departments for an initial period of one year. At the option of the County, these contracts may be renewed annually for a period of one year, with a maximum of two renewals. McMahon and S&W are Palm Beach County companies. S&W is a certified Small Business Enterprise. Countywide (MRE)

5. Staff recommends motion to approve: a Contract in the amount of $582,734.24 with R.J. Behar & Company, Inc. (RJB), for professional services for the Haverhill Road from north of Caribbean Boulevard to Bee Line Highway project (Project). SUMMARY: Approval of this Contract will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. RJB has an office in Palm Beach County. The Small Business Enterprise (SBE) goal for the Project is 15%. RJB has achieved 100% SBE participation for the Project. Districts 1 & 7 (MRE)

6. Staff recommends motion to approve: a Task Order to the annual contract, R2014-0119, in the amount of $106,093.32, with Alan Gerwig & Associates, Inc. (AGA), for professional services for the Kirk Road over Lake Worth Drainage District L-7 Canal bridge replacement project (Project). SUMMARY: Approval of this 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 93.04% SBE participation for this Project. District 2 (MRE)

7. DELETED

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

8. Staff recommends motion to approve:

A) a Contract with Johnson-Davis, Inc. (Johnson) in the amount of $453,985 for the construction of Seminole Boulevard & Osceola Drive L-2 Canal Bridge replacements (Project); and

B) a Budget Amendment in the amount of $2,250 in the Transportation Improvement Fund to recognize reimbursement funding from AT&T and appropriate it to the Project.

SUMMARY: Approval of this Contract will allow Palm Beach County to issue a notice to proceed to Johnson, a Palm Beach County company, to begin construction of the Project. The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall. The SBE participation proposed for the Project by Johnson is 15.43%. District 7 (MRE)

9. Staff recommends motion to approve: a Task Order to the annual contract, R2014-0891, in the amount of $125,168.61, with Arcadis U.S., Inc. (Arcadis), for professional services for the PGA Boulevard and Central Boulevard Intersection Improvements project (Project). SUMMARY: Approval of this Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. Arcadis is a Palm Beach County company. The Small Business Enterprise (SBE) goal for the Project is 15%. Arcadis has achieved 31.07% SBE participation for this Project. District 1 (MRE)

10. Staff recommends motion to approve: contracts with Tierra South Florida, Inc. (TSF), GFA International, Inc. (GFA) and Nutting Engineers of Florida, Inc. (Nutting), to provide the necessary professional services for construction materials testing, geotechnical engineering and inspection projects on a task order basis, for Palm Beach County (County) projects, as required. SUMMARY: Approval of these contracts will provide the necessary professional services for construction materials testing, geotechnical engineering and inspections throughout the County for all user departments for an initial period of one year. At the option of the County, these contracts may be renewed annually for a period of one year, with a maximum of two renewals. The Small Business Enterprise (SBE) goal for each contract is 15%. The SBE participation committed for the contract by both TSF and Nutting is 100% and by GFA is 20%. TSF and Nutting are both certified as SBE companies. TSF, GFA and Nutting are Palm Beach County companies. Countywide (MRE)

11. Staff recommends motion to adopt: a Resolution authorizing the conveyance of three Palm Beach County (County) owned parcels for right-of-way to the Florida Department of Transportation (FDOT) without charge and without reservation of phosphate, minerals, metals, and petroleum rights, and without right of entry and exploration pursuant to Florida Statute Section 270.11. These parcels are located on the east side of Military Trail (also known as SR 809) immediately north and south of Burns Road. SUMMARY: Approval of this Resolution will authorize a County Deed to convey three right-of-way parcels on Military Trail to FDOT. The County normally reserves its interest in phosphate, minerals, metals and petroleum rights per Florida Statute Section 270.11. FDOT has requested the exclusion of this reservation language because it requires the property to be free and clear, without encumbrances. District 1 (MRE)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

12. Staff recommends motion to approve: an Assignment of a Grant of Non-Exclusive Easement to the Town of Jupiter (Town) for the operation and maintenance of the drainage system serving Bush Road. SUMMARY: Approval of this Assignment of a Grant of Non-Exclusive Easement will assign the existing easement originally recorded in Official Record Book 8760, Page 992 to the Town. In a letter dated July 3, 2014, the Town requested said non-exclusive easement be assigned, in order for them to take over the operation and maintenance of the drainage system serving Bush Road. The Town is currently maintaining Bush Road, which is entirely within their municipal limits. District 1 (MRE)

13. Staff recommends motion to approve:

A) a Contract with J. W. Cheatham, LLC (Cheatham) in the amount of $1,645,702.81 for the construction of Fargo Avenue from El Paso Drive to Arrowhead Drive and El Paso Drive, Pancho Way and Pinto Drive east of Blanchette Trail (Project); and

B) a Budget Transfer of $1,809,000 in the Unincorporated Improvement Fund from Reserves to Fargo Avenue from El Paso Drive to Arrowhead Drive ($724,000), and El Paso Drive, Pancho Way and Pinto Drive east of Blanchette Trail ($1,085,000).

SUMMARY: Approval of this Contract will allow Palm Beach County to issue a notice to proceed to Cheatham, a Palm Beach County company, to begin construction of the Project. The Engineer’s estimated cost for the project was $1,825,614.45. The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall. The SBE participation proposed for the Project by Cheatham is 15.11%. Palm Beach County Water Utilities Department will fund $136,945.50 of the total bid amount for water main related construction items. The time limit for the completion of all work under this Contract shall be 270 calendar days, with Fargo Avenue, El Paso Drive to Arrowhead Drive being completed within the first 150 calendar days. District 6 (MRE)

D. COUNTY ATTORNEY

1. Staff recommends motion to approve: Payment to the Florida Association of Counties, Inc. in the amount of $2,500, and any subsequent invoice for a cumulative total not to exceed $5,000, for Palm Beach County’s share of costs and fees associated with the Department of Juvenile Justice Administrative Rule Challenge. SUMMARY: In response to the request for counties to participate in the litigation, the County Attorney recommended that Palm Beach County join and expend up to $5,000. Receiving no objection, Palm Beach County was named along with the Florida Association of Counties and 22 other counties as a plaintiff in the subject action. Countywide (DMN)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

E. COMMUNITY SERVICES

1. Staff recommends motion to:

A) receive and file:

1. Amendment 005 to Standard Agreement No. IP012-9500 (R2012-1633) for Emergency Home Energy Assistance Program (EHEAP) with Area Agency on Aging (AAA) for April 1, 2013 to March 30, 2014, to revise Paragraph 6.6, 8, 10.3, 10.4, 20.1, 22.2, 27 and 50 of Standard Agreement; add Paragraph 10.8, 10.9, 13.1 and 48.5 to Standard Agreement; remove Paragraph 14.1 and 31.1 from Standard Agreement; revise and replace Index to Agreement Attachments; revise Paragraph 1.3.4, 1.4.5, 2.1.1, 2.1.2.3, 2.1.2.4, 2.1.4.1, 2.2.2, 2.3.3, 2.3.2.1.1, and 2.5.1 of Attachment I; add Paragraph 2.1.6 to Attachment I; revise and replace Attachments VI; VIII and XI; and add Attachment D; and E. EHEAP provides emergency home energy assistance to seniors in crisis;

2. Amendment 001 to Standard Agreement No. IR012-9500 (R2012-1635) for Respite for Elders Living in Everyday Families (RELIEF) with AAA for July 1, 2013 to June 30, 2014 to increase total funding by $4,000 and to revise and replace Attachment VII, Budget Summary; amend Paragraph D of Standard Agreement and Attachment I, Section III. A. RELIEF stipend volunteers provide respite to caregivers/families of homebound seniors; and

3. Amendment 003 to Standard Agreement No. IA013-9500 (R2013-0433) for Older American Act (OAA) with AAA for January 1, 2014 to December 31, 2014 to increase total funding by $74,414; amend Paragraph 4 of Standard Agreement; revise Paragraph 8.6, 10.1.3, 15, 15.1, 16, 16.1, 31, 52, 52.1 and 52.2 of Standard Agreement; add Paragraph 12.9, 12.10, and 51.5; revise Sections 1.3.2.1, 1.3.2.2, 2.5.2, 3.2.2, 3.3.2, and 3.3.3 of Attachment I; replace Attachment III, Exhibit I; replace Attachment VI; replace Attachment VIII; and replace Attachment XI. OAA is a federal program initiative providing assistance to older persons and caregivers; and

B) approve Budget Amendment of $78,414 in the DOSS Administration Fund to align the budget to the actual grant award for FY 2014.

Summary: Grant adjustments are made during the contract year to align services with need. These amendments were executed by County Administrator in accordance with Resolution R2013-0242, which delegated authority to County Administrator or his designee to sign documents related to DOSS/AAA grant amendments. These receive and file items are being submitted in accordance with County- wide PPM No.CW-O-051 to allow Clerk’s Office to note and receive the executed amendments. The Budget Amendment is aligning the County budget with the actual grant award. Required County match funds are included in current budget. (DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Rd (TKF)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

F. AIRPORTS

1. Staff recommends motion to approve: Corrective Easement with Palm Beach County Water Utilities Department (PBCWUD) for water utility facilities to service new hangar facilities being constructed at Palm Beach International Airport (PBIA). SUMMARY: PBCWUD requires an easement in order to provide utility services to new hangar facilities currently under construction at PBIA. This Corrective Easement is necessary to correct a scrivener’s error contained in the legal description of the Declaration of Easement dated March 11, 2014 (R2014-0262). Countywide (HJF)

2. Staff recommends motion to receive and file: Master Lease Confirmation (Attachment “2”) to the Consent to Assignment of Lease (Lease) between Galaxy Aviation of Palm Beach, Inc. (Galaxy) and Atlantic Aviation West Palm Beach, LLC (Atlantic). SUMMARY: Delegation of authority for execution of the Master Lease Confirmation was approved by the Board in R2014-0502. Countywide (AH)

3. Staff recommends motion to receive and file: License Agreement with Sixt Rent A Car, LLC (Sixt) commencing June 1, 2014 and expiring July 31, 2014, renewing automatically each month thereafter, provided no renewal shall extend beyond September 30, 2015, for overflow parking of vehicles in connection with Sixt’s rental car operation at the Palm Beach International Airport (PBIA), for payment of a license fee in the amount of $500 per month. SUMMARY: Delegation of authority for execution of the standard license agreement was approved by the Board in R2007-2070. This License Agreement provides for the use of a 7,000 square foot portion of the parking area adjacent to PBIA Building No. 1475 for use solely for the parking of vehicles in connection with Sixt’s rental car operation at PBIA. Countywide (AH)

4. Staff recommends motion to receive and file: License Agreement (Agreement) with CareerSource Palm Beach County, Inc. (CareerSource) commencing June 1, 2014 and expiring June 30, 2014, for the storage of furniture and equipment within a portion of Building 1169 at Palm Beach International Airport (PBIA), for payment of a license fee in the amount of $500 per month. SUMMARY: Delegation of authority for execution of the standard license agreement was approved by the Board in R2007-2070. This Agreement provides for the use of not more than 1,000 square feet storage space within PBIA Building 1169, for use solely for the storage of furniture and equipment. The Agreement will automatically renew month-to-month beginning July 1, 2014, provided that no renewal shall extend beyond September 30, 2015. Countywide (AH)

5. Staff recommends motion to receive and file: License Agreement with Galaxy Aviation of Lantana, Inc. (Galaxy) commencing April 1, 2014 and expiring April 30, 2014 renewing automatically each month thereafter, for common hangar aircraft storage at the Palm Beach County Park Airport (LNA) for payment of a license fee in the amount of $860 per month. SUMMARY: Delegation of authority for execution of the standard license agreement was approved by the Board in R2007-2070. This License Agreement provides for the use of Hangar 702 at LNA for the use sole use of aircraft storage in connection with Galaxy’s FBO operations at LNA. Countywide (AH)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

F. AIRPORTS (Cont’d)

6. Staff recommends motion to receive and file: a summary of fees and charges for the standard form Hotel-Motel Courtesy Shuttle Operator Permit (Permit) at the Palm Beach International Airport (PBIA) commencing October 1, 2014, pursuant to Resolution 2010-0707. SUMMARY: Commencing October 1, 2014, the annual fee for new or renewed Permits will be increased by five percent, from $105 to $110. Delegation of authority for increases not to exceed five percent per year without further action by the Board was approved in R2010-0707. Countywide (AH)

7. Staff recommends motion to receive and file: Hotel-Motel Courtesy Shuttle Operator Permit with Hotel West Palm Beach, L.P. d/b/a DoubleTree West Palm Hotel commencing April 22, 2014, terminating September 30, 2014, automatically renewed on yearly basis (October 1^st through September 30^th). SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2010-0707. Countywide (AH)

8. Staff recommends motion to receive and file: Twelfth Amendment to Airline Operating and Lease Agreement with Air Canada (R2009-0081), replacing Exhibit “B” decreasing leasehold for the season, effective May 1, 2014. SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2007-1968. Countywide (AH)

9. Staff recommends motion to adopt: a Resolution establishing a standard form Off-Airport Parking Lot Operator Ground Transportation Permit (Permit); authorizing the County Administrator or his designee to execute the standard form Permits; repealing Resolution 2010-1107, in part; and becoming effective upon adoption. SUMMARY: The Resolution establishes new standard form Permit for use with off-airport parking lots at the Palm Beach International Airport, and authorizes the County Administrator or his designee to execute the standard form Permits on behalf of the Board. The Resolution repeals Resolution 2010-1107, in part, to the extent the Resolution adopted a similar permit. Countywide (AH)

10. Staff recommends motion to approve: a list of 12 charitable organizations to benefit from the proceeds (coins) from the fountain at Palm Beach International Airport during the period October 1, 2014, through September 30, 2015. SUMMARY: On March 14, 1989, the Board approved the concept of collecting contributions from the Airport’s fountain on a monthly basis and contributing the funds to a different charitable organization recommended by the Community Services Department and approved by the Board. The Department of Airports recommends the non-profit organizations listed on Attachment “A” (to the Agenda Item) provided by the Community Services Department to receive contributions for the forthcoming fiscal year, commencing October 1, 2014. Average monthly contributions for the past year have been approximately $50. In addition, the list will be provided to Paradies-Palm Beach, LLC, the Airport’s retail concessionaire, who will send the contribution from the fountain in its gift shop areas along with an additional contribution of $250 to the recommended recipients pursuant to its concession agreement. Countywide (AH)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

F. AIRPORTS (Cont’d)

11. Staff recommends motion to approve: Acceptance of an Avigation Easement (Easement) from Bridgewater Lake Osborne, LLC, a Florida limited liability company (Bridgewater), for the benefit of the Palm Beach County Park Airport (Airport). SUMMARY: The Easement will provide notice of the right of free and unobstructed flight for aircraft landing upon, taking off from or maneuvering about the Airport and is being granted at no cost to County. Countywide (AH)

12. Staff recommends motion to approve: the Enterprise Leasing Plat (Plat), creating the plat of approximately 19.735 acres, which includes two tracts containing a total of approximately 9.97 acres of County property. SUMMARY: Under the Lease Agreement with Enterprise Leasing Company of Florida, LLC, a Delaware limited liability company, d/b/a National Car Rental (Enterprise) (R2013-0137) (Lease), Enterprise leases County property at 2125 Belvedere Road, which is developed as a rental car facility. Enterprise also leases adjoining property at 2121 Belvedere Road from The Westcap Corporation (of Delaware), a Delaware corporation (Westcap), and Enterprise is seeking approval to develop both the County and Westcap properties as a single rental car facility. As a condition of development approval, Enterprise is required to plat both the Westcap and County properties. The Plat identifies and describes the boundaries of the entire property to be developed by Enterprise, and identifies the easements and restrictions associated with the property. The Plat creates a Limited Access Easement (LAE) and a Utility Easement adjacent to Belvedere Road, along the south boundary of the platted property. Tracts 2 and 2-A of the Plat are County-owned and the County is signing the plat as one of the property owners. Countywide (HJF)

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

1. Staff recommends motion to:

A) approve request by Palm Beach County Tax Collector, Anne M. Gannon, for Board of County Commissioners to order the 2014 tax roll to be extended prior to completion of the Value Adjustment Board (VAB) hearings; and

B) direct the VAB to certify the assessment roll as required by State Statutes.

SUMMARY: Approval of this request will avoid a delay in the issuance of tax notices beyond November 1, 2014, and will permit the collection of property taxes prior to completion of the VAB hearings. Countywide (PFK)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)

2. Staff recommends motion to approve:

A) a Budget Amendment of $13,793,382 in the $11.865M General Obligation Refunding Bonds, (Library District Project) Series 2014 debt service fund to budget bond proceeds, costs of issuance, and payment to refunding bond escrow agent; and

B) a Budget Amendment of $32,194,614 in the $28.035M General Obligation Refunding Bonds, (Waterfront Access Project) Series 2014 debt service fund to budget bond proceeds, costs of issuance, and payment to refunding bond escrow agent.

SUMMARY: On July 1, 2014, the Board authorized the issuance of the Series 2014 Refunding Bonds for a partial refunding for the General Obligation Bonds, Series 2006 (Library District Projects) and the General Obligation Bonds, Series 2006 (Waterfront Access Projects) through a competitive sale as recommended by the County Financing Committee (CFC) and the County’s Financial Advisor. Through an electronic bid process, the County awarded the sale of the Waterfront Access Projects Bonds to Raymond James and the Library District Projects Bonds to Citigroup Global Markets. The refunding will save the County approximately $3.6 million ($1 million on the Library District bonds and $2.6 million on the Waterfront Access bonds) in debt service over the life of the bonds. The County’s AAA credit rating increased the savings by approximately $800,000 ($200,000 on the Library District bonds and $600,000 on the Waterfront Access bonds). Countywide (PFK)

I. ECONOMIC SUSTAINABILITY

1. Staff recommends motion to approve:

A) a Budget Transfer of $62,873 in the Housing and Community Development Fund; and

B) a Budget Amendment of $62,873 in the General Fund.

Summary: On July 16, 2013, the Board of County Commissioners approved the County’s Fiscal Year 2013-2014 Action Plan (R2013-0953) which included an allocation of $662,873 in Federal Community Development Block Grant (CDBG) funds for the Philip D. Lewis Center for operational expenses. The Department of Community Services is the implementing agency for this public service activity and the current budget is set up for $600,000 and needs to be increased to match the allocated amount. This Budget Transfer and Budget Amendment is necessary to adjust the current transfer amount of $600,000 to the authorized funding level. These are Federal CDBG grant funds which require no local match. (FALS) Countywide (TKF)

2. Staff recommends motion to approve: the nomination of Raymond Popkin as Chairperson of the Housing Finance Authority of Palm Beach County, Florida (Authority) for the term of June 2014 through May 2015. Summary: At the regular Authority meeting of June 13, 2014, the Authority Board nominated Raymond Popkin as its Chairperson to serve an initial term of one year in accordance with Ordinance No. 2002-022, as amended. This Ordinance requires the nomination of the Chairperson to be submitted to the Board of County Commissioners for approval. (Housing Finance Authority) Countywide (PFK)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

I. ECONOMIC SUSTAINABILITY (Cont’d)

3. Staff recommends motion to approve: Interlocal Cooperation Agreements with 29 municipalities as follow: City of Atlantis, City of Belle Glade, Town of Briny Breezes, Town of Cloud Lake, Village of Golf, City of Greenacres, Town of Glen Ridge, Town of Gulf Stream, Town of Haverhill, Town of Hypoluxo, Town of Juno Beach, Town of Jupiter Inlet Colony, Town of Lake Clarke Shores, Town of Lake Park, City of Lake Worth, Town of Lantana, Town of Loxahatchee Groves, Town of Manalapan, Town of Mangonia Park, Village of North Palm Beach, City of Pahokee, Town of Palm Beach, Town of Palm Beach Shores, Village of Palm Springs, City of Riviera Beach, Village of Royal Palm Beach, City of South Bay, Town of South Palm Beach and Village of Tequesta. Summary: In order to receive entitlement funding allocations under the Federal Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grant Program (ESP) from the U.S. Department of Housing and Urban Development (HUD), Palm Beach County must re-qualify every three years as an Urban County. The County’s current designation as an Urban County will expire in 2015 and a new application for recertification for Fiscal Years 2015-2017 is due to HUD on August 25, 2014. The application to HUD requires, among other things, inviting all 32 eligible municipalities to participate with the County and to execute Interlocal Cooperation Agreements with those who agree to participate. Of the 32 municipalities invited, 29 have agreed to participate and have executed the required Interlocal Cooperation Agreements recommended for approval. The term of agreements is three years (2015 - 2017), and the agreements will automatically renew unless either party opts for non-renewal. CDBG funds require no local match. The HOME required local match is provided from the State funded Housing Initiatives Partnership Program. The ESG required local match is provided by funded agencies, the Division of Human Services, and the Department of Economic Sustainability. (Strategic Planning) Countywide (TKF)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

I. ECONOMIC SUSTAINABILITY (Cont’d)

4. Staff recommends motion to receive and file: three Amendments to Agreements and six Modifications to Subgrant Agreements with the State of Florida Department of Economic Opportunity (DEO), as follows:

A) Amendment No. 006 to an Agreement (R2012-1252) with the City of Riviera Beach under the 2005 Disaster Recovery Initiative Program (DRI2);

B) Amendment No. 003 to an Agreement (R2012-1254) with the West Palm Beach Housing Authority under the 2008 Disaster Recovery Initiative Program (DRI4);

C) Amendment No. 006 to an Agreement (R2011-1796) with the West Palm Beach Housing Authority under DRI4;

D) Modification No. 17 to Subgrant Agreement (R2007-1027) with the State of Florida Department of Economic Opportunity (DEO) for DRI2;

E) Modification No. 15 to Subgrant Agreement (R2008-1312) with DEO for the 2005 Disaster Recovery Initiative Program – Supplemental Appropriation (DRI3);

F) Modification No. 16 to Subgrant Agreement (R2008-1312) with DEO for DRI 3;

G) Modification No. 17 to Subgrant Agreement (R2008-1312) with DEO for DRI 3;

H) Modification No. 12 to Subgrant Agreement (R2010-1411) with DEO for DRI4; and

I) Modification No. 13 to Subgrant Agreement (R2010-1411) with DEO for DRI4.

Summary: In accordance with County PPM CW-0-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. The Amendments and Modifications have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator, or designee, in accordance with Agenda Items R2006-1351, R2007-1524 and R2009-1677, as approved by the BCC on July 18, 2006, September 11, 2007 and October 6, 2009, respectively. These executed documents are now being submitted to the BCC to receive and file. These are Federal Disaster Recovery Initiative funds which require no local match. (DES Contract Development) Countywide (TKF)

5. Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2013-0760) with the City of Pahokee to extend the expiration date from September 30, 2014 to February 28, 2015. Summary: On June 18, 2013, the County entered into an Agreement (R2013-0760) with the City of Pahokee, as amended by Amendment No. 001 (R2014-0269) on March 11, 2014, to provide $43,118.80 in Community Development Block Grant (CDBG) funds for the purchase of an emergency generator at the City’s Gymnasium/Conference Center. After the City initially bid the project, bid irregularities necessitated the rejection of bids and the City has now rebid the project. This Amendment provides an additional five months to make up for lost time and to allow the City to complete the project. These are Federal CDBG funds which require no local match. (DES Contract Development) District 6 (TKF)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

I. ECONOMIC SUSTAINABILITY (Cont’d)

6. Staff recommends motion to approve: a Budget Amendment of $24,597 in the Housing and Community Development Fund. Summary: During a monitoring visit by the Department of Community Services (DCS), $24,596.14 in Emergency Solutions Grant (ESG) funds expended by The Children’s Place at Home Safe were determined not to be eligible grant expenditures. These expenditures were associated with children who were wards of the State. Although ESG regulations do not explicitly exclude expenditures in connection with wards of the State, DCS learned of the U.S. Department of Housing and Urban Development determination after the expenditures were made and required the agency to return the funds. The funds will be distributed among nine agencies already participating in the ESG Program. This Budget Amendment is required to increase the ESG budget so the returned funds can be used for current year expenditures. These are Federal funds that require a dollar for dollar match which may be provided in the form of cash or in-kind contributions. (FALS) Countywide (TKF)

7. Staff recommends motion to approve:

A) a Budget Transfer of $52,557 in the Neighborhood Stabilization Program (NSP3) Fund;

B) a Budget Amendment of $12,467 in the Housing and Community Development Fund (HCDF) to recognize the transfer; and

C) a Budget Amendment of $40,090 in the Home Investment Partnership Act (HOME) Fund to recognize the transfer.

Summary: In Fiscal Year 2013-2014, a total of $52,557 in HOME Funds and Universal Housing Trust Program expenditures were identified that were eligible under the NSP3 Program. In order to assist the County in meeting the NSP3 deadline, those identified funds were reconciled to the NSP3 account. When expenditures are reconciled during a prior fiscal year, the associated budget transfers and budget amendments to complete the process require approval by the Board of County Commissioners. Approval of this agenda item will allow expenditures posted to the HOME Investment Partnership (HOME) Program grant and the Universal Housing Trust Fund to be appropriately reflected under the NSP3 grant. Federal NSP3 funds do not require a local match and the HOME Program matching requirement is met from State funds allocated under the State Housing Initiatives Partnership Program. Universal Housing Trust Program funds are local funds that do not require a match. (FALS) Countywide (TKF)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

I. ECONOMIC SUSTAINABILITY (Cont’d)

8. Staff recommends motion to:

A) approve the policies for the Palm Beach County Micro Loan Program (PBCMLP); and

B) authorize the County Administrator or his designee to approve loans recommended for funding under the PBCMLP and to execute all documents necessary for implementation of the PBCMLP.

Summary: On July 16, 2013, the Board of County Commissioners (BCC) approved (R2013-0950) the Fiscal Year 2013-2014 Action Plan which included $100,000 in Community Development Block Grant (CDBG) funds for the PBCMLP. The Program will provide financing to entrepreneurs and small business owners to encourage business development, expansion of economic opportunities and job creation, principally for persons of low and moderate income. Borrowers must be located in the County’s CDBG Program Jurisdiction (Palm Beach County, exclusive of the municipalities of Boca Raton, Boynton Beach, Delray Beach, Jupiter, Wellington, and West Palm Beach). Businesses must create and/or retain a minimum of one full-time equivalent job for each $15,000 of CDBG funds received, and at least 51% of the jobs must be made available to low and moderate income persons. The minimum loan amount is $10,000 and the maximum loan amount is $25,000. Loans will require 100% collateral coverage for fixed assets and 50% collateral coverage for working capital. All borrowers are required to provide a minimum 10% equity contribution to the total project cost. Interest rates will be fixed at 5%. Loan funds may be used for machinery/equipment and working capital. The term of the loans will not exceed five years for fixed assets and three years for working capital. A loan review committee will review loan applications and make funding recommendations for final approval by the County Administrator or his designee. These are Federal CDBG funds which require no local match. (Strategic Planning) Countywide (DW)

K. WATER UTILITIES

1. Staff recommends motion to approve: a First Amendment to the Indemnity Agreement (Agreement) with AP 2012 - Boynton, LLC., (Owner). Summary: The existing Agreement (R98-893D) provides for Palm Beach County's (County) consent to the installation of a fence and landscaping (Encroachment) within a portion of the County's utility easement. As a condition of the Agreement, the Owner is required to remove the Encroachment upon the request of the County if it is determined that the County's infrastructure is in need of repair or maintenance. In addition, the removal of the Encroachment will be at the sole cost of the Owner. Since the authorization of the Agreement in 1998, property ownership has changed to AP2012-BOYNTON, LLC, a Delaware Limited Liability Company. The County and the Owner have agreed to amend the Agreement to add the provision that if Housing and Urban Development (HUD) is ever deemed the owner of all or part of the property, HUD shall not be subject to the provisions of the Agreement that would require HUD to reimburse, indemnify, or hold the County harmless in relation to the Encroachment. District 5 (MJ)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES (Cont’d)

2. REVISED TITLE: Staff recommends motion to approve: Amendment No. 2 to the contract with Hinterland Group, Inc. (R2013-0062) for the Rehabilitation of Sanitary Sewer Concrete Structures and Lift Stations, Water Utilities Department, Division of Operations/Maintenance from $419,578 to $929,578 for continued project work for the remaining six months of a one year contract term. Summary: On December 17, 2013, the Palm Beach County Board of County Commissioners approved Amendment No. 1, renewal contract for Rehabilitation of Sanitary Sewer Concrete Structures and Lift Stations, Water Utilities Department, Division of Operations/Maintenance Project (R2013-1822) to Hinterland Group, Inc. in the amount of $419,578. Staff is recommending that the contract amount be increased to allow for continued efficiency and rehabilitation of sanitary sewer concrete structures. A thorough inspection of five lift stations and 180 manholes determined an immediate need to repair and/or rehabilitate them within the next six months. The Contract itself does not guarantee nor authorize any work. Work will be assigned during the remaining six months of a 12 month contract term 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. Hinterland Group, Inc. proposes to continue to meet the established goal of 15%. Hinterland Group, Inc. is a local Palm Beach County company. (WUD Project No. 12-001A/VMG) Countywide (JM)

3. Staff recommends motion to approve: a Contract with H & R of Belle Glade, Inc. for the Western Region Operations Center (WROC) Site Demucking & Earthwork project in the amount of $2,799,974. Summary: On June 5, 2014, seven bids were received for Project No. WUD 13-053 to demuck and fill the WROC site and includes earthwork for a future five million gallon water storage tank for Water Treatment Plant No. 11. The low bidder, H & R of Belle Glade, Inc., is the lowest responsive, responsible bidder in the amount of $2,799,974. Accordingly, Staff recommends award of this Contract to H & R of Belle Glade, Inc. in the amount of $2,799,974. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The Contract with H&R of Belle Glade, Inc. provides for SBE participation of 15.15% overall. H & R of Belle Glade, Inc. is a Palm Beach County Glades Region company. This project is included in the FY14-15 Capital Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 13-053) District 6 (JM)

4. Staff recommends motion to approve: Work Authorization No. 1 to Hinterland Group, Inc., under the Water Utilities Department (WUD) Continuing Construction Contract (R2014-0520) for Covered Bridge Gravity Sewer Lining project in the amount of $325,417.97. Summary: On April 15, 2014, the Palm Beach County Board of County Commissioners approved the Water Utilities Department Wastewater Gravity Lines and Manhole Rehabilitation Continuing Construction Contract (R2014-0520) to Hinterland Group, Inc. This Work Authorization No. 1 provides for the lining of 9,171 feet of existing 8" DIP gravity pipes draining to WUD Lift Station No. 0225 at the Covered Bridge Community. The project will also include the cleaning and TV inspection of the gravity main and 17 laterals. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Hinterland Group, Inc. provides for SBE participation of 15.18%. This Authorization includes 100% overall participation. The cumulative SBE participation to date is 100% overall. Hinterland Group, Inc. is a Palm Beach County company. This project is included in the FY14-15 Capital Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 14-067) District 2 (JM)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES (Cont’d)

5. Staff recommends motion to receive and file: a Contract with All Webbs Enterprises, Inc. in the amount of $105,250 for Mechanical Integrity Testing of Deep Injection Wells at Western Region Wastewater Treatment Plant and Western Region North Wastewater Treatment Plant. Summary: In accordance with County PPM CW-0-051, all delegated contracts/agreements/grants/procurement items must be submitted by the initiating Department as a receive and file agenda item. The document has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Deputy Director of the Water Utilities Department in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now being submitted to the Board to receive and file. District 6 (JM)

6. Staff recommends motion to approve:

A) Contract with MWH Americas, Inc., for the Engineering and Construction Services; and

B) Consultant Services Authorization No. 1 from MWH Americas, Inc., in the amount of $750,000 for Capital Improvement Program Management and Implementation Services.

Summary: This Contract will be used by Palm Beach County Water Utilities Department (WUD) for engineering/professional services to assist with the implementation of WUD's 2015-2020 Capital Improvement Plan (CIP). The selected engineering firm was procured under the provisions of Florida Statutes 287.055 (Consultant Competitive Negotiation Act). Consultant Service Authorizations (CSA) will be negotiated and issued against the contract on a task basis at the sole discretion of the County. The Contract has a term of three years, with two one-year renewals. MWH Americas, Inc. is a Palm Beach County company. CSA No. 1 from MWH Americas, Inc. is in the amount of $750,000 for the Capital Improvement Program Management and Implementation Services. Services include development of long term tools and procedures that will be used and implemented during the five year contract period and beyond once the program is completed. The five year CIP is estimated at over $300 million, mostly repair and replacement projects. The 20 Year CIP is estimated at over $1 billion. The tools and processes developed in CSA No. 1 will allow efficiencies in implementation that will save money well beyond their cost. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The Contract with MWH Americas, Inc., provides for SBE participation of 23.7% overall. The consultant has included a list of certified small business subcontractors which they intend to use to meet their Small Business Enterprise (SBE) goal. This CSA includes 11.05% overall participation. The cumulative SBE participation, including this Authorization, is 11.05% overall. (WUD Project No. 14-054) Countywide (JM)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

L. ENVIRONMENTAL RESOURCES MANAGEMENT

1. Staff recommends motion to:

A) receive and file Task Assignment IP2 Change Order No. 3 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) which adds one hundred additional acres of invasive plant control to the Lake Osborne work plan;

B) receive and file Task Assignment IP2 Change Order No. 4 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) which decreases funding by $15,000 for the term of June 18, 2013 to June 30, 2014 bringing the total task amount with the change to $60,100;

C) receive and file Task Assignment IP3 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) including a work plan for invasive plant management in Lake Clarke, Lake Ida, Lake Osborne, and Lake Pine, reimbursable up to $89,595, ending June 30, 2015; and

D) approve Budget Amendment in the Natural Areas Fund to recognize the decrease in funding for IP2 ($15,000) and the new funding for IP3 ($89,595).

SUMMARY: On April 17, 2012, the Board of County Commissioners approved FWC Contract No. FWC11357 (R2012-0573) for aquatic vegetation control for Lakes Clarke, Ida, Osborne, and Pine. Delegated authority to execute all future time extensions, task assignments, certification, and any other forms associated with this Contract was approved pursuant to PPM No. CW-O-051. Countywide (SF)

2. Staff recommends motion to:

A) adopt a Resolution approving a standard form Interlocal Agreement for law enforcement services within the Lake Worth Lagoon during manatee season; and

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

SUMMARY: Pursuant to the Manatee Protection Plan (MPP) approved by the Board on August 21, 2007 (R2007-1420), the County has committed to provide funding for on-water law enforcement activities in the County’s waterways. On December 18, 2007, the Board of County Commissioners approved a Resolution (R2007-2277) adopting a standard form Interlocal Agreement with law enforcement agencies for an increased presence in the estuarine waters of Palm Beach County. A revised standard form Interlocal Agreement for law enforcement services was approved on July 19, 2011, but expired on April 30, 2014. The new Agreement includes updated County contract provisions. Countywide (SF)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

3. Staff recommends motion to:

A) approve an Estuary Habitat Restoration Program Cooperative Agreement with the Department of the U.S. Army Corps of Engineers (USACE) to implement a federally funded grant for $757,800 towards the construction of the Grassy Flats Restoration Project within the Lake Worth Lagoon through December 2019;

B) approve a Budget Amendment of $757,800 in the Environmental Enhancement Non-Specific Fund (1225) to recognize this Agreement;

C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this contract that do not significantly change the scope of work, terms, or conditions of the Agreement;

D) authorize Work Supplement No. 1825-01B to build a portion of Grassy Flats Restoration Project for an amount not to exceed $376,964.17 in accordance with Palm Beach County Annual Dune & Wetlands Restoration Project No. 2013ERM01 Contract (R2013-1825) with Eastman Aggregate Enterprises, LLC (Eastman); and

E) authorize the County Administrator, or his designee to sign Work Supplement No. 1825-01B.

SUMMARY: The Cooperative Agreement provides federal funding to reimburse the County up to $757,800 for transportation and placement of sand to cap muck sediments and limestone rock to create a breakwater to protect the wetland island at the Grassy Flats project site. The County is providing $453,385 as match. Work Supplement No. 1825-01B will generate additional fill to complete the Grassy Flats Restoration Project. District 7 (SF)

M. PARKS & RECREATION

1. Staff recommends motion to approve: a month-to-month Lease Agreement with David Salvador, a full-time County employee, at Peanut Island Park. Summary: Palm Beach County owns various park sites throughout the County that have facilities for employees who reside on the premises as a condition of their employment. These residents maintain and repair the property on which they reside and are on call 24 hours per day to provide on-site supervision of the Park and report any vandalism, rowdiness, illegal activities, or other suspicious conduct at the Park to law enforcement personnel. David Salvador will not pay rent but will pay for all utilities and maintain the residence in good and sanitary condition during the term of the Lease Agreement. Districts 1 & 7 (AH)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

M. PARKS & RECREATION (Cont’d)

2. Staff recommends motion to:

A) ratify the signature of the Mayor on an Indian River Lagoon License Plate Grant Application submitted to South Florida Water Management District (SFWMD) on July 15, 2014, requesting $60,000 to fund 75% of the Jupiter Beach Park Environmental Restoration Project;

B) authorize the County Administrator or his designee to execute the Grant Funding Agreement, including any change in the grant award amount that does not require an increase in the match amount, as well as task assignments, certifications, standard forms, or amendments to the Agreement that do not change the terms and conditions of the Agreement, if the grant is approved; and

C) authorize the Director of the Parks and Recreation Department to serve as Liaison Agent with SFWMD for this project.

Summary: This Grant Application requests $60,000 from SFWMD for the Jupiter Beach Park Environmental Restoration project. The grant elements include: removal of exotic vegetation along the tidal creek and replanting native vegetation for stabilization of the shoreline to reduce erosion and provide shade for park patrons; creation of a dry retention area to reduce stormwater sheet flow from the road and parking lot into the tidal creek; creation of three additional parking spaces (one will be ADA accessible); and installation of an ADA crosswalk and sidewalk to connect the parking area to the existing restroom. The total project cost identified in this Grant Application is $80,000. The grant request is for $60,000 (75%) and requires a $20,000 (25%) match, which will be funded from the Parks and Recreation Department Capital Budget. According to SFWMD, this Grant Application was the only one submitted for the $94,634 available in grant funds. This could potentially increase our grant award amount and our total grant project amount. If the grant award amount is increased, the total grant project amount will be increased by the same amount and the project scope will include additional exotic vegetation removal and replanting with native vegetation. If the grant is awarded, construction is required to be completed within one year of execution of the Grant Funding Agreement. District 1 (AH)

3. Staff recommends motion to approve: Budget Transfer of $35,000 within the 2005 $25 Million General Obligation Recreational and Cultural Facilities Bond Fund from South Bay RV and Recreation Center to Pioneer Park Splashpad Improvements. Summary: This Budget Transfer will provide the funding necessary to establish budget in the Pioneer Park Splashpad Improvements project. This funding will be used to remove and replace the splashpad’s surge tank. The project scope for the South Bay RV and Recreation Center project has been reduced, thus leaving funding available for this Budget Transfer. This funding request is supported by the District Commissioner. Funding for this Budget Transfer is from the 2002 $50 Million General Obligation Recreational and Cultural Facilities Bond referendum. District 6 (PK)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

M. PARKS & RECREATION (Cont’d)

4. Staff recommends motion to receive and file: the following original executed Entertainment Contractor Agreements for community events:

A) City Sound and Recording, LLC, The Fabulous Fleetwoods concert, Canyon Town Center Amphitheater on June 21, 2014;

B) Innovative Leisure, Inc., Fun Zone activities for the July 4^th Celebration event, Sunset Cove Amphitheater on July 4, 2014;

C) Thomas Alan Magri, Replay concert, Sunset Cove Amphitheater on July 4, 2014; and

D) Zambelli Fireworks Manufacturing Co., Fireworks Display for the July 4^th Celebration event, Sunset Cove Amphitheater on July 4, 2014.

Summary: The Parks and Recreation Department produces cultural activities to promote the quality of life in the communities it serves. The Parks and Recreation Department produced two popular cultural events at the Canyon Town Center and Sunset Cove Amphitheaters. These events were attended by an estimated 4,300 people and generated positive support and goodwill for the County. A sponsorship from GL Homes offset the expenses of the concert at the Canyon Town Center Amphitheater. A donation from the West Boca Community Council offset part of the expenses of the July 4^th Celebration event at Sunset Cove Amphitheater. In accordance with County PPM CW‑O‑051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item. The Entertainment Contractor 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 2008-1109, amended by Resolutions 2010‑0644 and 2014-0168, and are now being submitted to the Board to receive and file. District 5 (AH)

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

AEG Live SE, LLC, Lindsey Stirling concert, Sunset Cove Amphitheater for the period July 5, 2014, through July 6, 2014.

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 2,500 persons attended the event produced under the Amphitheater Rental Agreement. District 5 (AH)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

M. PARKS & RECREATION (Cont’d)

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

A) Blackwood Productions, LLC, July 4^th Celebration event, Sunset Cove Amphitheater on July 4, 2014; and

B) Blackwood Productions, LLC, Lindsey Stirling concert, Sunset Cove Amphitheater for the period July 5, 2014, through July 6, 2014.

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 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 2009-0592, amended by Resolutions 2010‑0645 and 2014‑0167, and are now being submitted to the Board to receive and file. District 5 (AH)

7. Staff recommends motion to receive and file: the following original executed Independent Contractor Agreements and First Amendment to Independent Contractor Agreement:

A) Dennis G. Mobley, Soul Line Dancing Instructor, Westgate Recreation Center for the period July 2, 2014, through August 20, 2014;

B) Marya Willis Glowka, US Diving Coach, North County Aquatic Complex for the period July 14, 2014, through October 14, 2014; and

C) Gold Coast Gymnastics, Inc., Tiny Tot Tumbling Instructor, West Boynton Recreation Center for the period October 3, 2013, through September 27, 2014.

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 1, 3 & 7 (AH)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

N. LIBRARY

1. Staff recommends motion to approve: the County Library’s Long-Range Plan for FY 2015-2017. Summary: This Plan represents the Library’s mission statement, goals and objectives, and strategic plan for FY 2015 through FY 2017. This annual process of strategic planning is done in conjunction with the State’s requirements for libraries receiving State Aid funds and with the County’s budget process. The Library anticipates receipt of $1,129,185 in State Aid to Public Libraries during FY 2015. The Library Advisory Board has endorsed this Plan with Resolution 14-01, dated July 14, 2014. Highlights of the Plan for FY 2015 include:

· Circulation of books and other materials will increase by 2% to 9,512,905.

· New Library Annex opens;

· Continued promotion of self service options for library users including self pick-up of holds and on-line fine payment;

· Reference questions will increase by 2% to 2,009,152;

· Continued emphasis in children’s programming and family reading skills development;

· Increased offering of classes on how to use E Readers and E Resources.

Countywide (AH)

P. COOPERATIVE EXTENSION SERVICE

1. Staff recommends motion to approve: an Agreement with the Palm Beach Soil and Water Conservation District in an amount not to exceed $79,000 to provide soil and water resource conservation services for FY ‘15. Summary: This Agreement provides funding for the Palm Beach Soil and Water Conservation District’s (District) Resource Conservation activities. The District provides resource conservation services to rural, agricultural, and urban communities to facilitate soil and water conservation in Palm Beach County. Services include soil information, technical assistance and education to improve water quality and quantity and soil planning in Palm Beach County. Countywide (AH)

2. Staff recommends motion to:

A) accept the donation of $27,500 from the Friends of the Mounts Botanical Garden, Inc. (Friends) to be added to the previously accepted donation on November 5, 2013 for a Tropical Wetland Garden and design; and

B) approve a Budget Amendment in the Capital Outlay Fund (Fund 3900) in the amount of $27,500 to complete the selected design of Art in Public Places for the Tropical Wetland Garden design.

Summary: The Mounts Botanical Garden of Palm Beach County (Mounts Botanical Garden) is working with the Art in Public Places program to design a Tropical Wetland Garden on the east side of the existing lake. This Tropical Wetland Garden is featured as part of the current Mounts Botanical Garden Master Plan, previously approved by the Board of County Commissioners. The addition of this donation of $27,500 from the Friends will provide adequate funds to complete the garden design through the Art in Public Places process. District 7 (AH)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

Q. CRIMINAL JUSTICE COMMISSION

1. Staff recommends motion to:

A) ratify the Mayor’s signature on the FY ‘14 competitive Grant Application for the Federal Office of Minority Health’s Youth Empowerment Program II (YEP II);

B) if awarded, authorize the County Administrator, or his designee, to execute the FY ‘14 contract with the Federal Office of Minority Health YEP II, as well as future contracts and amendments/modifications on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office; and

C) authorize the County Administrator, or his designee, to execute subcontracts and amendments utilizing funding from the above referenced grant.

Summary: Criminal Justice Commission staff with CareerSource and Gulfstream Goodwill, Inc., as primary partners, submitted a grant proposal to the Office of Minority Health on June 13, 2014 for $473,268 for the period of September 1, 2014 to August 31, 2015, to enhance the existing service platforms at youth empowerment centers (YECs) with the ultimate goal of healthier life choices for youth. This opportunity was released to the public on May 8, 2014 and did not allow for staff to obtain the Board’s approval through the agenda item submittal process, thus the emergency signature process was used. There is no match required for this application. Countywide (PGE)

S. FIRE RESCUE

1. Staff recommends motion to receive and file: a copy of the Village of Royal Palm Beach Ordinance No. 983 extending participation in the Fire/Rescue Municipal Services Taxing Unit (MSTU) through December 31, 2024. Summary: The Fire/Rescue MSTU encompasses the unincorporated areas of Palm Beach County plus the incorporated areas within the municipal boundaries of municipalities that have opted to join the MSTU. The County currently provides fire-rescue services to the Village of Royal Palm Beach through the Village’s participation in the Fire/Rescue MSTU and an Interlocal Agreement (R2004-2635). The existing Village Ordinance opting into the Fire/Rescue MSTU as a method to receive and pay for fire-rescue services from the County is set to expire December 31, 2014. On June 19, 2014, the Village adopted Ordinance No. 983 to extend their participation in the MSTU through December 31, 2024. A copy of Ordinance No. 983 is being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (SB)

2. Staff recommends motion to approve: a First Amendment to Professional Service Agreement with Dr. Thomas H. Matese, Jr., to provide professional services as Medical Director for Palm Beach County Fire Rescue for an additional three-month period beginning October 1, 2014, through December 31, 2014, in an amount not to exceed $53,612 during that period. Summary: State law requires Palm Beach County Fire Rescue, as an Emergency Medical Services Provider, contract with a licensed/certified M.D. or D.O., who meets all criteria of Chapter 401, Florida Statutes, and the Rules of the Department of Health, Chapter 64J-1, Florida Administrative Code. On September 13, 2011, the County entered into a Professional Services Agreement (R2011-1413) with Dr. Thomas H. Matese, Jr., for Medical Director services which is set to expire September 30, 2014. This First Amendment will extend the term of the agreement for an additional three-month period through December 31, 2014 during which time the County will evaluate successful proposals through a formal competitive bid process. Payments to the Medical Director for services during this extension period will not exceed $53,612. Countywide (SGB)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

X. PUBLIC SAFETY

1. Staff recommends motion to receive and file: contracts for professional services with the following Post-doctoral Psychology residents to complete a required 2000-hour residency that will provide the residents training and experience in family and youth counseling payable at $16.25 per hour for the period September 2, 2014, through September 1, 2015:

A) Ché Hurt in the amount of $32,500; and

B) Malissa Tigges in the amount of $32,500.

SUMMARY: The Youth Affairs Division is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, etc. In order to meet state licensing requirements, 2,000 hours of supervised services is required. 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 resident rate of $16.25. This provides the County with an approximate 38% savings per resident. R2011-1963 authorized the County Administrator or his designee, to execute future post-doctoral psychology resident 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)

2. Staff recommends motion to receive and file: the executed Memorandum of Agreement with the City of Miami, a municipal corporation of the State of Florida, as a fiscal agent for the Miami Urban Area Security Initiative (UASI) to receive equipment procured by the City of Miami using $111,268.26 of de-obligated regional UASI funds from grant year 2010. SUMMARY: The UASI provides an annual federal grant that the Division of Emergency Management receives to enhance domestic security and emergency management operations in the County. The City of Miami was granted $5,885,153 for the Miami Urban Area in 2010 funding. Unspent funding from the UASI 2010 grant was used to purchase equipment which was transferred to Palm Beach County. Palm Beach County received equipment valued at $111,268.26. The equipment is one 205 kilowatt portable diesel generator with tandem trailer for $58,017.48 and one 175 kilowatt portable diesel generator with tandem trailer for $53,250.78. These portable generators will enhance the capabilities of Palm Beach County to respond to, recover from and mitigate domestic security and emergency management related issues. R2013-0622 dated May 21, 2013 authorizes the County Administrator or his designee to execute all UASI sub-grant contracts on behalf of the Board of County Commissioners, for the UASI Grant Program in any given year. No County matching funds are required. Countywide (PGE)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

X. PUBLIC SAFETY (Cont’d)

3. Staff recommends motion to:

A) approve Agency Affiliation Agreement for Psychology Students, with Palm Beach Atlantic University, Inc. earning graduate degrees to obtain clinical experience in family and youth counseling under the supervision of the Youth Affairs Division for the period May 12, 2014, through May 11, 2015, at no cost to the County; and

B) authorize the County Administrator, or his designee, to execute any future Affiliation Agreements, or amendments, between the County and Palm Beach Atlantic University, Inc. in any educational field of study, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations.

SUMMARY: The County, through its Youth Affairs Division is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, and similar fields of educational study. Counseling programs require clinical experience in order to meet degree and licensing requirements. The Division is offering its services and programs through this Affiliation Agreement as a means for the students to obtain the necessary training and experience to earn their respective degree. The initial term is for the period May 12, 2014, through May 11, 2015 with three one-year automatic renewal options. There are no costs associated with this Affiliation Agreement. Countywide (PGE)

4. Staff recommends motion to approve: appointment of one new At Large member to the countywide Consumer Affairs Hearing Board as follows:

Nominee

Seat #

Requirement

Nominated by:

Term

Phillip Schutzer

Attorney

Mayor Priscilla Taylor

Vice Mayor Paulette Burdick

08/19/2014 to

09/30/2017

SUMMARY: The Consumer Affairs Ordinance approved by the Board of County Commissioners (BCC) on December 17, 2013, and codified in Chapter 9, Article I of the Palm Beach County Code, establishes a seven member Consumer Affairs Hearing Board (Hearing Board). The Hearing Board serves in both an advisory capacity to the BCC and as an appellate board, hearing administrative appeals filed by persons disputing final decisions made by the Division of Consumer Affairs concerning the towing, vehicle for hire, and moving industries. With the approval of this motion the Hearing Board will have seven of seven members. Countywide (PGE)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

X. PUBLIC SAFETY (Cont’d)

5. Staff recommends motion to:

A) approve the Florida Department of Law Enforcement (FDLE) Criminal Justice Information Services Criminal History Record Check User Agreement for Non-Criminal Justice Purposes (User Agreement), which authorizes the Palm Beach County Division of Consumer Affairs (Consumer Affairs) to process fingerprint based criminal background checks on vehicle for hire drivers through FDLE’s databases using livescan technology; and

B) authorize the County Administrator or designee to execute any amendments or extensions of time relating to this FDLE User Agreement.

SUMMARY: On April 15, 2014, the Board of County Commissioners approved a Vehicle for Hire (VFH) Ordinance amendment allowing Consumer Affairs to run “Level 2” fingerprint based national criminal history background checks on vehicle for hire drivers through the FDLE and the Federal Bureau of Investigation databases. Execution of this User Agreement is an FDLE prerequisite to finalizing the previously approved action allowing Consumer Affairs Staff to process the “Level 2” criminal history checks though the FDLE databases. Countywide (PGE)

AA. PALM TRAN

1. Staff recommends motion to approve: the Disadvantaged Business Enterprise (DBE) three year Program Goal for Palm Beach County’s public transit system, Palm Tran. Summary: On June 3, 2014, the Board of County Commissioners (BCC) adopted an updated Disadvantaged Business Enterprise (DBE) Program (R2014-0869) for Palm Beach County’s public transit system. In accordance with the approved DBE Program, Palm Tran has established an overall goal of DBE participation for FY 2015 to FY 2017 on contracts that are funded with assistance from the Federal Transportation Administration (FTA). The DBE goal identifies the relative availability of DBEs (based on evidence of ready, willing, and able businesses) in relationship to all comparable businesses known to be available to compete for Palm Beach County’s FTA-assisted contracts. The overall DBE goal reflects staff’s determination of the level of DBE participation expected. The recommended goal for DBE participation is 7%, broken down 4% Race Neutral and 3% Race Conscious. This recommendation is consistent with the BCC-approved DBE Program. Countywide (TKF)

BB. SHERIFF

1. Staff recommends motion to receive and file: a Memorandum of Agreement Modification No. 1 between the Palm Beach County Sheriff’s Office and the City of Miami, to extend the FY2012 UASI Grant Program from April 30, 2014, through June 30, 2014. SUMMARY: The Board of County Commissioners accepted a grant award for $383,909 on January 14, 2014, to fund various domestic security activities within the County and region using federal Urban Area Security Initiative (UASI) funds through the City of Miami as the Miami UASI’s fiscal agent (R2014-0089). The original grant period was effective until April 30, 2014. This Grant Modification will extend the grant period through June 30, 2014. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (PGE)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

BB. SHERIFF (Cont’d)

2. Staff recommends motion to:

A) receive and file a Grant Modification No. 3; dated June 24, 2014, with the Office of National Drug Control Policy to provide an additional $45,000 in reimbursable funding, for the Palm Beach Narcotics Task Force; and

B) approve a Budget Amendment of $45,000 in the Sheriff’s Grant Fund.

SUMMARY: On April 2, 2013, the Board of County Commissioners accepted an award from the Office of National Drug Control Policy to provide $50,403 in reimbursable funding for overtime and other expenses associated with the Palm Beach Narcotics Task Force (R2013-0394). On December 17, 2013, the Board of County Commissioners accepted two grant modifications which provided a total of $96,972 in additional reimbursable funding for overtime and other expenses associated with the Palm Beach Narcotics Task Force (R2013-1853 and R2013-1854). This third modification will provide an additional $45,000 in reimbursable funding to offset equipment costs associated with the Palm Beach Narcotics Task Force. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (PGE)

3. Staff recommends motion to:

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Notification of Amended Donation by Great American Financial Resources for an insurance policy benefit in the amount of $4,012.14; and

B) approve a Budget Amendment of $4,013 in the Sheriff’s Grant Fund.

SUMMARY: The Board of County Commissioners accepted this donation award for $12,006.83 on April 15, 2014 (R2014-0546). The Notification of Amended Donation provides $4,012.14 in additional FY ‘14 funding. The Palm Beach County Sheriff’s Office was designated as a beneficiary in a former employee’s Great American Financial Resources 457 Fixed Annuity Policy. The donation will be transferred to the employee welfare organization 501(c)(4). There is no match requirement associated with this donation. No additional positions are needed and no County funds are required. Countywide (PGE)

4. Staff recommends motion to receive and file: a Federally-Funded Subgrant Agreement between the Florida Division of Emergency Management and the Palm Beach County Sheriff’s Office, which extends the FY ‘11 Operation Stonegarden grant period from April 30, 2014, through August 31, 2014. SUMMARY: The Board of County Commissioners accepted a grant award for $50,000 on January 24, 2012, to offset overtime costs associated with enhancing the United States Border Patrol’s mission to secure the Nation’s coastline through an all-threats layered integrated approach in collaboration with local and state law enforcement agencies, and Border Patrol (R2012-0194). The original grant period was from October 1, 2011, through April 30, 2014. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (PGE)

AUGUST 19, 2014

3. CONSENT AGENDA APPROVAL

BB. SHERIFF (Cont’d)

5. Staff recommends motion to:

A) receive and file Modification No. 3 to Subgrant Agreement between the Florida Division of Emergency Management and Palm Beach County Sheriff’s Office for the FY 2010 Operation Stonegarden, to reduce the total grant award amount from $210,000 to $207,207; and

B) approve a downward Budget Amendment of $2,793 in the Sheriff’s Grant Fund to adjust the budget to the actual grant award.

SUMMARY: The Palm Beach County Sheriff’s Office received a FY 2010 Operation Stonegarden grant award, to offset overtime and equipment costs associated with enhancing the United States Border Patrol’s mission to secure the Nation’s coastline through an all-threats layered integrated approach in collaboration with local and state law enforcement agencies, and Border Patrol. The Board of County Commissioners (BOCC) accepted this grant for $100,000 on December 7, 2010 (R2010-2040). On September 10, 2013, the BOCC accepted a grant modification to increase the grant award by $110,000 for a total of $210,000 (R2013-1212). On May 6, 2014, the BOCC agreed to reinstate the grant agreement and extend the grant period through June 30, 2014 (R2014-0653). In FY 2014, we carried forward $103,372 in unspent grant funds. This Grant Modification will decrease the carry forward amount by $2,793 due to equipment cost savings. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (PGE)

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

AUGUST 19, 2014

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

A. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Palm Beach County Code Chapter 27, Article X, Water Utilities Tampering; amending Section 27-206, Penalties for Service Account Holders; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. Summary: On May 18, 2010, Palm Beach County Board of County Commissioners (Board) approved the Tampering Ordinance (2010-014) allowing the Water Utilities Department (Department) to assess fines for tampering with or making unauthorized connections to the Department’s utility system. The Tampering Ordinance (2010-014) as it exists requires for the first offense and all subsequent offenses be subject to $400 fines and any administrative, testing, inspection, and court costs. The Department's experience since the enactment of the Tampering Ordinance in 2010 (2010-014) has been that many of the first offenses have not been either deliberate or egregious. The proposed amendment will reduce the fine for a first offense for service account holders for tampering and unauthorized connections, and also allow the Department to impose costs for damages to the utility system or assets on the service account holder. These penalties are more conducive to the level of tampering and unauthorized connections for service account holders. The following fines shall be imposed on a service account holder: $50 for a first occurrence, and $400 for any subsequent occurrences. The failure to pay any fees in accordance with this section may be subject to all delinquent account procedures of the utility, including the filing of a lien against any property for which a service account exists. Countywide (MJ)

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

AUGUST 19, 2014

5. REGULAR AGENDA

A. COUNTY ATTORNEY

1. Staff recommends motion to approve: a Stipulated Settlement Agreement with Westgate Tabernacle, Inc., settling liens for accrued fines against Westgate Tabernacle, Inc., 1700 Suwanee Drive, West Palm Beach, FL, Property Control No. 00-43-43-30-02-000-0420, recorded at book/page numbers 11345/101 and 23098/51. SUMMARY: Westgate Tabernacle, Inc. (Westgate) was cited for unpermitted building improvements and for using its property as a homeless shelter without prior zoning approval in 1998. In 2008, Westgate was cited for erecting a tent without building permits and for using the property as a homeless shelter without prior zoning approval. The principal amounts of accrued fines for each code enforcement case are $22,600 and $28,050, respectively. Westgate’s new owner has made an offer to compromise the outstanding fines and liens in the amount of $5,000. The proposed Settlement Agreement would: 1) accept $5,000 as payment for the outstanding fines and liens; 2) require Westgate to execute a Release in the County’s favor and an acknowledgement of the County’s right to enforce its zoning, building, fire, and electrical code regulations; and 3) require Westgate to agree that, in the event that sheltering activities in excess of six persons per night resume without appropriate permits, the fines/liens would be reinstituted, less the $5,000 paid. District 7 (ATP)

B. ENVIRONMENTAL RESOURCES MANAGEMENT

1. Staff recommends motion to:

A) approve an Agreement with American Equities, Ltd. No. 6 (AE6) for maintaining access to the Pine Glades Natural Area for County personnel, County contractors, and emergency personnel through an approximately 80-acre property owned by AE6 during and after AE6’s development of their property; and

B) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms and necessary subsequent minor amendments associated with this Agreement, that do not substantially change the scope or intention, nor terms or conditions of the Agreement; and

C) approve a Budget Amendment of $25,000 in the Natural Areas Fund to recognize the donation.

SUMMARY: AE6 is proposing to re-plat and develop its 80-acre property on Pratt & Whitney Road and immediately adjacent to the southern boundary of the Pine Glades Natural Area. The AE6 property is currently encumbered with an access easement in favor of Palm Beach County (County) that must be released prior to re-platting of the AE6 property. This Agreement provides a process using an escrow agent, whereby the County’s current access easement will be released and replaced with other temporary and ultimately permanent access easements for County personnel, County contractors, and emergency response personnel to specific entrance points on the southern boundary of the Pine Glades Natural Area. In addition, AE6 will donate $25,000 to the County’s Natural Areas Fund for enhancement activities on Pine Glades Natural Area as compensation for management of pre-treated stormwater that will drain from the AE6 property into the Pine Glades Natural Area, and provide fire hydrants adjacent to three accessways into the Pine Glades Natural Area. District 1 (SF)

AUGUST 19, 2014

5. REGULAR AGENDA

C. PUBLIC SAFETY

1. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida repealing and replacing Resolution No. R2013-0485 and enacting a new schedule of fees, fines, and minimum commercial automobile liability insurance limits for the Vehicle for Hire Ordinance. SUMMARY: In accordance with recent amendments to the Vehicle for Hire (VFH) Ordinance, the Resolution establishes a total additional fee of $26 to cover the cost of processing a Level 2 fingerprint based criminal background check through the Florida Department of Law Enforcement and the Federal Bureau of Investigation. All other fees, fines, and insurance levels remain unchanged. Countywide (PGE)

D. ECONOMIC SUSTAINABILITY

1. REVISED TITLE & SUMMARY: Staff recommends motion to approve: Community Development Block Grant (CDBG) funding to the following projects:

A) $1,000,000 for resurfacing of 45^th Street between Interstate 95 and Old Dixie Highway/Greenwood Avenue (District 7); and

B) ~~$600,000~~ $500,000 for resurfacing of Belvedere Road between Clubhouse Drive and Australian Avenue (District 2).

Summary: The Department has identified surplus CDBG funding in the amount of ~~$1,600,000~~ $1,500,000. These funds are from the recapture of monies from projects that were successfully completed under budget, ones which did not move forward, or from activities where CDBG funds were replaced with other Federal grant funds. Due to limited Ad Valorem and other revenue for County roadway infrastructure projects, Staff is recommending that these funds be used for two County Engineering projects. The first project is the resurfacing of 45^th Street from west of Interstate 95 to Old Dixie Highway/Greenwood Avenue. The second project is the resurfacing of Belvedere Road from Clubhouse Drive to Australian Avenue. Both projects will be implemented by the Engineering and Public Works Department. The roadways have been determined to serve areas meeting CDBG income eligibility requirements. These are Federal CDBG grant funds which require no local match. (Strategic Planning Section) Districts 2 & 7 (TKF)

2. ADD-ON: Staff recommends motion to approve: Amendment No. 1 to a Special Economic Development Agreement for Major Investments (R2009-1343) with Office Depot, Inc. to provide $500,000 in the form of a Job Growth Incentive Grant. SUMMARY: On August 18, 2009, the Board of County Commissioners (BCC) approved a Special Economic Development Agreement for Major Investments (R2009-1343) with Office Depot, Inc. (Company) to provide up to $650,000 in annual reimbursements of Ad Valorem Taxes over a ten year period. In order to receive these reimbursements, the Company was required to invest $210,000,000 for the construction of their world headquarters, to retain 1,750 full-time jobs through 2019, and to create 200 new full-time jobs by August 2014, all at an average annual wage of $76,792. Office Depot merged with OfficeMax in November 2013; however, the decision to locate the new headquarters to Illinois where OfficeMax was located or to move it to the Office Depot location in Palm Beach County was undecided and highly competitive. In December 2013, the Company selected Palm Beach County. The Company’s merger with OfficeMax will create 378 jobs in addition to those stated above. The proposed Amendment will require the Company to retain all 2,328 jobs for a five year period after 2019, in exchange for which the Company will receive $100,000 per year over the five year period. The Amendment will only take effect if the original Agreement is fulfilled. The State of Florida will provide $3,000,000 in the form of a Quick Action Closing Fund Grant and the City of Boca Raton will provide $1,500,000. The five year local economic impact is estimated to be $443 Million based on an average annual salary of $104,000 for the additional jobs. Funding for the Job Growth Incentive Grant will come from General Fund Contingency Reserves. District 4 (DW)

E. LIBRARY

1. Staff recommends motion to approve: Library Advisory Board selection of Douglas Crane as Director of the Library Department. Summary: In accordance with Chapter 2000-405, Laws of Florida, a Special Act for the Palm Beach County Library System, the Library Advisory Board has selected Douglas Crane to replace John Callahan who is retiring in September. The authority of the Library Board to select the library director is provided in the Special Act. The selection is subject to the approval of the Board of County Commissioners. Mr. Crane’s starting salary will be $121,749 annually. Countywide (AH)

AUGUST 19, 2014

5. REGULAR AGENDA

F. ADMINISTRATION

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

A) adopt a Resolution by the Board of County Commissioners of Palm Beach County, Florida, recommending approval of Project Blink, a company authorized to do business in the State of Florida, as a Qualified Target Industry (QTI) business in a high-impact sector pursuant to s. 288.106 and s. 288.108, Florida Statutes; providing for local financial support for the Qualified Target Industry Tax Refund Program and Quick Action Closing Fund in the form of an Ad Valorem Tax Exemption in an amount not to exceed ~~$594,000~~ $650,000 over a six year period; and providing for an effective date; and

B) conceptually approve an Economic Development Incentive for Project Blink in the amount of ~~$594,000~~ $650,000 in the form of an Ad Valorem Tax Exemption.

Summary: Project Blink is an aviation/engineering company planning a plant expansion with a $25 Million capital investment. The company will create 110 new jobs at an average annual wage of $84,892. It is anticipated that the State of Florida will provide $880,000 from the Quick Action Closing Fund (QACF) and $770,000 in the form of a Qualified Target Industry Tax Refund (QTI). The ~~$594,000~~ $650,000 local match required by the State will be in the form of an Ad Valorem Tax Exemption for a period not to exceed six years provided the project meets the requirements under Florida Statute 196.012. The company will be required to enter into a formal agreement memorializing their commitments and establishing the terms under which the local match will be provided. At such time the company name will be disclosed. The company currently has an active agreement whereby the County provided $1 Million in incentives for an expansion to their facility, and although funds have recently been requested, to date no funds have been disbursed due to the need for additional documentation required by the County. The five year local economic impact is estimated to be $183 Million. District 1 (DW)

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AUGUST 19, 2014

6. BOARD APPOINTMENTS

A. COMMISSION DISTRICT APPOINTMENTS

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RECESS AS THE BOARD OF COUNTY COMMISSIONERS

CONVENE AS THE ENVIRONMENTAL CONTROL BOARD

AUGUST 19, 2014

7. BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD

A. HEALTH DEPARTMENT

(Environmental Appeals Board)

1. Staff recommends motion to approve: reappointment of the following two individuals to the Environmental Appeals Board for a term of three years beginning on August 19, 2014 and ending on August 18, 2017:

Nominee Seat No. Seat Requirement Nominated by:

Brian Joslyn, Esq. 5 Attorney PBC Bar Association

Simon Coleman 1 Professional Engineer American Society of

Civil Engineers- (ASCE)

Palm Beach Branch

Summary: The Board is composed of five members. Membership must consist of one lawyer recommended by the Palm Beach County Bar Association; one person recommended by the Gold Coast Builders Association (formerly known as Home Builders and Contractors Association); one professional engineer recommended by the Palm Beach Branch of the American Society of Civil Engineers; one water resource professional employed by the South Florida Water Management District; and one drinking water engineer employed by the Department of Environmental Protection. Simon Coleman has disclosed that he is an employee of Alan Gerwig & Associates, Inc., which has a contract with the County for Roadway Production Structural Engineering (R2014-0119). The Environmental Appeals Board provides no regulation, oversight, management, or policy-setting recommendations regarding the subject contract. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sec. 2-443, of the Palm Beach County Code of Ethics. Countywide (PGE)

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ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD

RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS

AUGUST 19, 2014

8. STAFF COMMENTS

A. ADMINISTRATION COMMENTS

B. COUNTY ATTORNEY

AUGUST 19, 2014

9. COMMISSIONER COMMENTS

A. District 1 – COMMISSIONER HAL R. VALECHE

B. District 2 – COMMISSIONER PAULETTE BURDICK, VICE MAYOR

C. District 3 - COMMISSIONER SHELLEY VANA

Request approval to present off-site, a Proclamation declaring August 26, 2014 as “Women’s Equality Day” in Palm Beach County.

D. District 4 – COMMISSIONER STEVEN L. ABRAMS

E. District 5 - COMMISSIONER MARY LOU BERGER

F. District 6 - COMMISSIONER JESS R. SANTAMARIA

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

ADD-ON: Request approval to present off-site, a Proclamation declaring August 28 – 31, 2014 as “Black Enterprise Golf and Tennis Challenge Weekend” in Palm Beach County.

10. ADJOURNMENT

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