March 10, 2015 – 9:30 A.M.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MARCH 10, 2015
PAGE ITEM
12 3C-5 DELETED: Staff recommends motion to approve: A) an assumption of a Tri-Party Piping, Paving and
Parking Agreement (Agreement Assumption) with Lake Worth Drainage District
(LWDD) and Regency Centers, L.P. for the maintenance of an existing pipe and
improvements located within a portion of the L-18 Canal;….(Engineering) (Further
staff review)
16 3E-2 REVISED TITLE & SUMMARY: Staff
recommends motion to approve: A)
Issuance of termination notice to Comprehensive
Alcoholism Rehabilitation Programs, Inc. (CARP) Contract R2014-1901, effective
March 15, 2015; and
B) Amendment No. 01 to Contract for Provision of
Financial Assistance with The Jerome Golden Center for Behavioral Health,
Inc., (R2014-1695), Drug
Abuse Foundation of Palm Beach County, Inc., (R2014-1692), for the period March
16, 2015 October 1, 2014, through September 30, 2015, to increase
funding by $165,568 $153,000, for a new total contract amount not
to exceed $1,316,096 $903,353.
SUMMARY: Contract
termination is being recommended for CARP due to a failure of the agency to
provide reasonable assurances that patient care, service delivery, financial
accountability and other essential performance requirements and contract
provisions are being maintained, and will be maintained in the future. CARP has failed to adequately address
the monitoring concerns of the County and has lost State funding provided
through the managing entity, Southeast Florida Behavioral Health Network, Inc.
(SEFBHN) and the Department of Corrections, and has stopped
accepting patients. To
avoid a disruption of services, staff is recommending an expansion of our
current contract with The Jerome Golden Center for Behavioral Health Inc.
the Drug Abuse Foundation of Palm Beach County, Inc. to provide
detoxification treatment beds for the duration of the contract period March 16,
2015, through September 30, 2015. No new
County funding is required. Countywide (HH) (Community Services)
52 5A-2 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 Diamond, a company authorized to do business
in the State of Florida, as a Qualified Target Industry (QTI) business pursuant
to s. 288.106, Florida Statutes; providing for local financial support for the
Qualified Target Industry Tax Refund with High-Impact Sector bonus in an amount
not to exceed $532,000; and providing for an effective date; and B) conceptually approve local
financial support for the Quick Action Closing Fund in an amount not to exceed
$2,468,000; and CB) conceptually approve an
Economic Development Incentive for Project Diamond in the form of an Ad Valorem
Tax Exemption over ten (10) years, in an amount not to exceed $3 Million, as
the local financial support for the State’s Qualified Target Industry Tax
Refund ($532,000) and Quick Action Closing Fund ($2,468,000) programs.
Summary: Project Diamond is a
subsidiary and regional managing office project locating in Palm Beach County
with a $115 Million capital investment, which the Regional Economic Model
estimates will have a five (5) year local economic impact of $662.4
Million. The company plans to create 450
new jobs at an average annual wage of $85,000, and will be required to maintain
the new jobs in Palm Beach County for a five (5) year period. It is anticipated that the State of Florida
will provide $2.66 Million in the form of a Qualified Target Industry Tax
Refund (QTI) with High-Impact Sector Bonus, and $4.9 Million from the Quick
Action Closing Fund (QACF), which includes the local financial support. The local match from Palm Beach County will
be provided in the form of an Ad Valorem Tax Exemption in an amount not to
exceed $3 Million over a period of ten (10) 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 terms under which the local
match will be provided. At such time the
company name will be disclosed. Other
states under consideration by the company include North Carolina and Georgia. Countywide
(JB) (Admin/DES)
54 5A-4 REVISED SUMMARY: Staff recommends motion to approve: A)
a Budget Transfer of $5,000,000 from reserves in the 1st Cent Tourist Local
Option Tax Fund to increase the Public Building Improvement transfer line;
B)…C)…D). SUMMARY: The Access Agreement and the Due Diligence and
Planning Services Agreement (collectively Agreements) act as precursors to the
Interlocal Agreement, Developer and Sports Facility Use Agreements
(collectively Operative Agreements) contemplated by the material term sheet
which was approved by the City and the County on February 2nd
, 2014 and 3rd, 2014 2015
respectively. The Agreements are necessary in order to gather the information
needed for the City, County and the LLC to negotiate the Operative Agreements
in a timeframe which is consistent with the Teams’ intent to open the new
facility for the 2017 spring training season. The Access Agreement identifies
the purposes and terms under which the City will allow access to the Property,
by which the County may begin to submit permit and development applications to
regulatory agencies and allows for pre-Interlocal Agreement land reclamation
activities. The Due Diligence and Planning Agreement: 1) assigns all of the
County obligations under the Access Agreement to the LLC; 2) identifies the
terms under which the LLC can proceed with land reclamation and design
activities prior to the Operative Agreement being executed; and 3) the terms
under which the County will fund these activities through the project
budget. The Due Diligence and Planning
Agreement also requires that the LLC reimburse the County for all expenses paid
in the event that the Operative Agreements are never executed (project does not
move forward). (Administration) Countywide/District
7 (HF/MJ) (Admin/FDO)
56 5B-3 ADD-ON: Staff recommends motion to approve: a Temporary Operating Agreement (TOA) between
the County and Rasier, LLC, a subsidiary of Uber Technologies, Inc. (Uber)
allowing Uber to operate as a vehicle-for-hire company in Palm Beach County. SUMMARY: The TOA sets forth the terms and
conditions that Uber agrees to comply with in order to operate in Palm Beach
County. The agreement includes
insurance, background checks, driver history reports and standards, and vehicle
safety requirements, as well as other provisions, including the payment of
$15,000 to the County for administration and enforcement costs related to the
TOA. Countywide (DN) (County Attorney)
NOTE: Items that were revised,
added, deleted, or backup submitted and were not listed on the addition/deletion
sheet distributed to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 10, 2015
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 9)
3. CONSENT
AGENDA (Pages 10 - 48)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 49 -
50)
5. REGULAR
AGENDA (Pages 51 - 58)
6. BOARD
APPOINTMENTS (Page 59)
7. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 60)
8. STAFF
COMMENTS (Page 61)
9. COMMISSIONER
COMMENTS (Page 62)
10. ADJOURNMENT (Page 62)
* * * * * * * * * * *
MARCH 10, 2015
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 9
2C-1 Florida Bicycle Month
2C-2 National Crime Victims’ Rights Week
2C-3 Canal Point Baptist Church Day
2C-4 National Coalition of 100 Black Women – West
Palm Beach Chapter’s Women’s History Day
2C-5 Vietnam Traveling Memorial Wall Week
2C-6 Child Abuse Prevention Month
2C-7 Sexual Assault Awareness Month
CONSENT AGENDA
A. ADMINISTRATION
Page 10
3A-1 Ratification
of the League of Cities’ Treasure Coast Regional Planning Council Appointments
3A-2 CareerSource
Palm Beach County, Inc. Board of Directors reappointment
B. CLERK & COMPTROLLER
Page 11
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 11
3C-1 Second Amendment to annual Roadway
Landscaping Contract with Superior Landscaping and Lawn Service, Inc. extending
expiration date
3C-2 Maintenance and Removal Agreement with Janus
Hotels and Resorts, Inc. for proposed accessibility ramp within right-of-way on
Donald Ross Road
Page 12
3C-3 Interlocal Agreement with City of Lake Worth
transferring jurisdictional control, maintenance responsibility and ownership
of Boutwell Road (Lake Worth Rd. to 360 feet south of 10th Ave.
North)
3C-4 Agreement with Strawberry Lakes Master
Corporation, Inc. for traffic control jurisdiction by the Sheriff’s Office
3C-5 Assumption of a Tri-Party Piping, Paving and
Parking Agreement with the Lake Worth Drainage District and Regency Centers, LP
for maintenance of an existing pipe within the L-18 Canal
3C-6 Work Order 2013052-035 with Community Asphalt
Corp. to mill and resurface Cain Boulevard (Glades Road to Yamato Road)
Page 13
3C-7 Second Amendment to renew civil engineering
annual contracts with three firms to extend services for one year
3C-8 Five Work Orders with Community Asphalt Corp
for five resurfacing projects
3C-9 Deleted
Page 14
3C-10 Second Amendments to two annual asphalt milling
and resurfacing annual contracts
3C-11 Contract with American Consulting Engineers of
Florida, LLC for preparation of design plans and construction bid documents
relating to Old Dixie Highway project (Yamato Road to Linton Blvd.)
3C-12 Agreement with Canyon Isles Homeowners
Association, Inc. for traffic control jurisdiction by the Sheriff’s Office
3C-13 Deleted
3C-14 Work Order with Gerelco Traffic Controls, Inc.
to construct mast arm traffic signal at Canyon Lakes Drive/Lake Royal Road at
Lyons Road
MARCH 10, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
C. ENGINEERING & PUBLIC WORKS (Cont’d)
Page 15
3C-15 Work
Order with Gerelco Traffic Controls, Inc. to construct mast arm traffic signal
at Donald Ross Road and Port Circle
D. COUNTY ATTORNEY
Page 15
3D-1 IRS Form 8038 in relation to the change in
use of the proceeds of the County’s Variable Rate Demand Bonds, Series 2004
(The Community Foundation for Palm Beach and Martin Counties, Inc. project)
3D-2 Agreement for Legal Services with Kaplan
Kirsch and Rockwell, LLP for expert aviation legal services
3D-3 Settlement Agreement in Lisa Hardy v. Palm
Beach County Board of County Commissioners d/b/a Palm Tran
E. COMMUNITY SERVICES
Page 16
3E-1 Amendments to two Contracts for Provision of
Financial Assistance to modify units of service definitions
3E-2 Issuance of termination notice to
Comprehensive Alcoholism Rehabilitation Programs, Inc. and Amendment with The
Jerome Golden Center for Behavioral Health, Inc. relating to substance abuse
treatments services
Page 17
3E-3 Contract for Provision of Financial
Assistance with The Jerome Golden Center for Behavioral Health, Inc. for mental
health and substance abuse co-occurring treatment services
Page 18
3E-4 Amendments to several Area Agency on Aging
programs relating to services for seniors
Page 19
3E-5 Addition of one full-time grant funded
position for an Information Management System Specialist relating to oversight
and administration of the Client Management Information System
3E-6 Amendment No. 005 with the Florida
Department of Elder Affairs relating to the Adult Care Food Program
F. AIRPORTS
Page 20
3F-1 Airport
Consent to Assignment of Subconcession Agreement with The Hertz Corporation
relating to the operation of a rental car brand at PBIA
3F-2 Third
Amendment to Advertising Concession Agreement with In-Ter-Space Services, Inc.
for use of vacant advertising displays
3F-3 Seventh
Amendment to Retail Concession Agreement with Paradies-Palm Beach, LLC for use
of additional storage space and removal of the liquor sales at PBIA
3F-4 Hotel-Motel Courtesy Shuttle Operator Permit
with Island Hospitality Management V, Inc.
Page 21
3F-5 License
Agreement with Jet Aviation Associates, Ltd. for overflow parking
3F-6 License
Agreement with Avis Rent A Car System, LLC for a
portion of paved parking area at Building 1475 at PBIA
3F-7 License Agreement with Evans Consoles
Incorporated for a 3,500 sq.ft. portion of
Building 1169 at PBIA
3F-8 Change
Order No. 2 with The Whiting-Turner Contracting Company relating to the Baggage
Handling System improvements at PBIA
Page 22
3F-9 Aviation and Airports Advisory Board
reappointments
MARCH 10, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 23
3G-1 Impact
Fee Review Committee appointments/reappointment
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 24
3H-1 Contract
with All-Site Construction, Inc. for annual general contractor services
3H-2 Contract
with Carrick Contracting Corporation for annual general contractor services
Page 25
3H-3 Contract
with Fine Line Construction Contractors, Inc. for annual general contractor
services
3H-4 Contract
with Providian Construction Group, Inc. for annual general contractor services
Page 26
3H-5 Contract with Robling
Architecture Construction, Inc. for annual general contractor services
3H-6 Interlocal Agreement with the Food and Drug
Administration – Office of Criminal Investigations allowing for interoperable
communications though the County’s Public Radio System
3H-7 First option to
extend Lease Agreement with Wallace K. Lutz, Sr. and Theresa C. Lutz, for lease
of office space at 607 South Main Street in Belle Glade
Page 27
3H-8 Quitclaim Deed from the United States of
America, through the Administrator of General Services conveying 5.76 acres of
property in unincorporated Delray Beach
I. ECONOMIC SUSTAINABILITY
Page 27
3I-1 Agreement
with City of Greenacres providing for Community Development Block Grant funding
for drainage improvements along First Street in Greenacres
3I-2 Budget
Amendment to the Federal Home Loan Bank of Atlanta Fund relating to the
Veterans Homeownership and Preservation Program
Page 28
3I-3 Budget
Amendments relating to several federal housing programs
3I-4 2014
Crime Statistics Report relating to the Palm Beach County Urban High-Crime Job
Tax Credit Program and the Re-ranking Status Letter/Program
Page 29
3I-5 Agreement
with the Town of Lake Park for Community Development Block Grant funding for
restroom demolition, reconstruction and renovation in Kelsey Park and Lake
Shore Park
3I-6 Deleted
3I-7 Agreement
with the City of Riviera Beach providing for Community Development Block Grant
funding for infrastructure improvements along West 23rd Street
3I-8 Amendment
No. 001 with the City of Greenacres relating to Community Development Block
Grant funding for construction of a sanitary sewer line along 10th
Avenue North
3I-9 Amendment
No. 001 with the City of Greenacres providing for Community Development Block
Grant funding for renovations to the Community Hall and 500 Perry Avenue
buildings
J. PLANNING, ZONING & BUILDING
Page 30
3J-1 Resolutions granting County tax exemptions
for two historic properties located within the City of West Palm Beach
3J-2 Land
Development Regulation Advisory Board reappointment
K. WATER UTILITIES
Page 31
3K-1 Receive
and file four standard Agreements
3K-2 Assignment and Assumption of Utility
Easement from the City of Belle Glade relating a 12” water main located at the
Belle Glade State Municipal Airport
3K-3 Consultant Services Authorization No. 6 with
Keshavarz & Associates, Inc. relating to the South West Belle Glade Water
Main Improvement, Zone 2 East project
MARCH 10, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES
Page 32
3K-4 Consultant
Services Authorization No. 3 with JLA Geosciences, Inc. for Water Treatment
Plants 3 and 9 Wells Replacement and Rehabilitation project
3K-5 Contract with
Florida Design Drilling Corporation for Water Treatment Plant No. 11 5 MG
Ground Storage Tank project
3K-6 Acceptance of funds
from the South Florida Water Management District Water Saving Incentive Program
Page 33
3K-7 Contract with
Globaltech, Inc. for the Optimization and Improvements Design-Building project
3K-8 Contract with
Gilmore Electric Company, Inc. for the Water Treatment Plant No. 3 Variable
Frequency Drives for Transfer Pumps project
Page 34
3K-9 Unit Price Contract
with Hinterland Group, Inc. for the Water Utilities Department Lift Station
Rehabilitation Continuing Construction contract
3K-10 Contract with Layne Inliner, LLC for the
Westgate Avenue & Seminole Boulevard Gravity Sewer Lining project
Page 35
3K-11 Declaration of Easement
in favor of the Palm Beach County Water Utilities Department for the water main
required to provide service to Ben Eden Lane and Lynnwood Court
3K-12 Change Order No. 3 with
Hinterland Group, Inc. for Wastewater Lift Stations Rehabilitation project –
2012
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 36
3L-1 Receive and file five standard agreements,
amendments, and/or work supplements for the Environmental Resources Management
Department
Page 37
3L-2 Florida Fish and Wildlife Conservation
Commission Contract No. 14273 for the Loxahatchee Slough – Sandhill Crane West
Wetland Restoration project
3L-3 Local Agency Program Agreement with the
Florida Department of Transportation relating to the Bluegill Trail
Page 38
3L-4 Artificial
Reef & Estuarine Enhancement Committee appointments
M. PARKS & RECREATION
Page 38
3M-1 Receive and file one Independent Contractor
Agreement
Page 39
3M-2 Receive and file one Tee Time Advertising and
Sales Agreement
3M-3 Agreement
with the U.S. Olympic Committee for development and implementation of a
Paralympic Sport Club
3M-4 Deed
of Conservation Easement to South Florida Water Management District for a 48.42
acre lake mitigation area in John Prince Memorial Park’s Square Lake/East
Slough restoration area
Page 40
3M-5 Declaration
of Conservation Easement in favor of Palm Beach County for two sites at
Riverbend Park (4.90 acres)
3M-6 Fourth
Amendment with Acme Improvement District, Boys and Girls Clubs of Palm Beach
County, Inc. and the Village of Wellington relating to funding of the
Wellington Boys and Girls Club facility
N. LIBRARY
Page 40
3N-1 Grant Agreement with the Florida Department
of State, Division of Library and Information Services for FY 2015 State Aid to
Libraries
MARCH 10, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES
Page 41
3R-1 2014-2015
Affirmative Action Plan
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 41
3U-1 Third
Amendment with Palm Beach State College relating to network services
3U-2 Interlocal
Agreement with the Village of Golf for network services
Page 42
3U-3 Second Amendment with Health Care District of
Palm Beach County relating to network services
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 42
3X-1 Interlocal Agreement with the Office of the
State Attorney, Fifteenth Judicial Circuit relating to investigative services
involving sexual assault cases
3X-2 Contract for
Consulting/Professional Services in relief veterinary shelter services with
Leonid Vidrevich, D.V.M.
Page 43
3X-3 Agreement with Best Friends Animal Society
to become a member of the Best Friends No More Homeless Pets Network
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 43
3Z-1 Renewal of the County’s excess property,
liability, and workers’ compensation insurance program purchased through Arthur
J. Gallagher Risk Management Services, Inc.
AA. PALM TRAN
Page 44
3AA-1 Resolution approving Supplemental No. 1 Joint Participation
Agreement with the Florida Department of Transportation related to Route 73
3AA-2 Resolution approving submission of a Section 5311 Grant Application
to the Florida Department of Transportation
Page 45
3AA-3 Vendor Service Agreement with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. relating to transportation services for the Division
of Senior Services program
BB. YOUTH SERVICES
Page 45
3BB-1 First Amendment with For The Children, Inc.
relating to the Youth Empowerment Center in Lake Worth
3BB-2 Resolution amending the County Administrative Code to reflect the
creation of the Youth Services Department
MARCH 10, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. SHERIFF
Page 46
3CC-1 Federally-Funded Subgrant Agreement
regarding the FY 2014 State Homeland Security Grant from the Florida Division
of Emergency Management
3CC-2 Federally-Funded Subgrant Agreement
regarding the FY 2014 State Homeland Security Grant from the Florida Division
of Emergency Management
3CC-3 Donation from The
Howard E. Hill Foundation, Inc. for the FY 2015 Gunfire Detection and Location
project
Page 47
3CC-4 High Intensity Drug Trafficking Area
program grant from the Office of National Drug Control Policy
3CC-5 U.S. Department of Homeland Security
Transportation Security Administration Grant relating to homeland security
enforcement at PBIA
DD. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
Page
48
3DD-1 Agreement with the
Westgate/Belvedere Homes Community Redevelopment Agency for Community
Development Block Grant related to the widening of the L2 Canal
PUBLIC HEARINGS – 9:30 A.M.
Page 49
4A Petroleum Contamination Cleanup Criteria
Ordinance
4B Pollutant Storage Tank System Compliance
Ordinance
Page 50
4C Budget Amendments/Transfers in various
funds to adjust FY 2015 budgets
REGULAR AGENDA
ADMINISTRATION
Page 51
5A-1 Resolution recommending Project Pisces as a
Qualified Target Industry business/Job Growth Incentive Grant
Page 52
5A-2 Resolution recommending Project Diamond as a
Qualified Target Industry business/Ad Valorem Tax Exemption
Page 53
5A-3 Kratom warning signs Ordinance/Agreement
with Substance Awareness Coalition to implement kratom prevention and education
strategies
Page 54
5A-4 Budget Transfer/Amendment/Access Agreement
and Due Diligence and Planning Services Agreement relating to a new spring
training facility
COUNTY
ATTORNEY
Page 55
5B-1 Resolution
amending the County’s Investment Policy
5B-2 Contract
for Professional Legal Services with Gordon & Doner, P.A., for legal
services relating to personal injury protection insurance claims for Fire
Rescue emergency transport services
ENGINEERING
& PUBLIC WORKS
Page 57
5C-1 Repurchase of lands for future realignment
and extension of Seminole Pratt Whitney Road from the South Florida Water
Management District
MARCH 10, 2015
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
FACILITIES
DEVELOPMENT & OPERATIONS
Page 57
5D-1 First Amendment to Lease Agreement with FUCMT
2001-C4 Seminole Road, LLC for continued use of 4,050 SF for Fire Rescue
temporary Station No. 22
ECONOMIC
SUSTAINABILITY
Page 58
5E-1 Resolution approving issuance by the Palm
Beach County Health Facilities Authority of that Authority’s Revenue Bonds
BOARD APPOINTMENTS (Page 59)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 60)
STAFF COMMENTS (Page 61)
COMMISSIONER
COMMENTS (Page 62)
ADJOURNMENT (Page 62)
MARCH 10, 2015
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Proclamation
declaring March 2015 as “Florida Bicycle Month” in Palm Beach County.
(Sponsored by Commissioner Valeche)
2. Proclamation
declaring April 19 – 25, 2015 as “National Crime Victims’ Rights Week” in Palm
Beach County. (Sponsored by Mayor Vana)
3. Proclamation
declaring March 1, 2015 as “Canal Point Baptist Church Day” in Palm Beach
County. (Sponsored by Commissioner McKinlay)
4. Proclamation
declaring March 29, 2015 as “National Coalition of 100 Black Women – West Palm
Beach Chapter’s Women’s History Day” in Palm Beach County. (Sponsored by
Commissioner Taylor)
5. Proclamation
declaring April 8 – 13, 2015 as “Vietnam Traveling Memorial Wall Week” in Palm
Beach County. (Sponsored by Commissioner Valeche)
6. Proclamation
declaring April 2015 as “Child Abuse Prevention Month” in Palm Beach County.
(Sponsored by Mayor Vana)
7. Proclamation
declaring April 2015 as “Sexual Assault Awareness Month” in Palm Beach County.
(Sponsored by Commissioner McKinlay)
* * * * * * * * * * * *
MARCH 10, 2015
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to ratify: the following Palm Beach County League of Cities (League)
representatives to the Treasure Coast Regional Planning Council (TCRPC) for the
term ending November 30, 2015:
Nominees Seat
No. Requirement
Alternate appointments:
Allie Biggs, City of Pahokee 5A Palm
Beach County Official
Abby Brennan, Village of Tequesta 8A Palm
Beach County Official
SUMMARY: In accordance with the TCRPC Rules of Order
(Rules), on December 2, 2014, the Board of County Commissioners appointed six
Commissioners (three members and three alternates) to serve on the TCRPC. In
addition, as required by the Rules, the BCC also ratifies the League’s representatives.
At the December 2 meeting, the League had no representatives for two alternate
seats. The League has notified the staff
that they have now selected two members to fill the two vacant alternate seats,
and based on the Rules, the alternate members must now be ratified by the BCC. Countywide
(RPB)
2. Staff recommends
motion to approve: the
reappointment of Steven M. Parrish to the CareerSource Palm Beach County, Inc.
Board of Directors for the period March 10, 2015, through September 30, 2017:
|
Nominee/ Appointment |
Seat No. |
Area of Representation |
Nominated By |
|
Steven M. Parrish |
2 |
Private
Sector |
Business Development
Board of Palm Beach County, Inc. |
Summary:
The membership of CareerSource
Palm Beach County, Inc. conforms to the requirements of the Workforce
Investment Act (WIA) of 1998, and the Workforce Innovation Act of 2000. Policy for this item is defined in R2007-1220
Agreement between Palm Beach County, Florida (County) and CareerSource Palm
Beach County, Inc. dated July 10, 2007. Per this Agreement, 17 private sector
member appointments shall be made by County.
The Workforce Investment Act of 1998 requests that an emphasis be placed
on Chief Executive Officers or highest level of management positions for both
community and business sector appointments. The CareerSource Palm Beach County,
Inc. Board of Directors is comprised of a minimum of 35 members as determined from time
to time by the Board of Directors with representatives of business in
the local area who are owners of businesses, local educational entities, labor
organizations, community-based organizations, economic development agencies, or
one-stop partners. Countywide (JB)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Type Meeting Date
Regular December 2, 2014
Joint Workshop December 3, 2014
Regular December 16, 2014
Zoning January 8, 2015
Regular January 13, 2015
Workshop January 27, 2015
Zoning January 29, 2015
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during August 2014. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Second Amendment
(Amendment) to the Annual Roadway Landscaping Contract (Contract), R2013-0358,
Project No. 2013054, dated April 2, 2013, with Superior Landscaping & Lawn
Service, Inc. (Contractor). SUMMARY:
Approval of this Amendment will extend the contract expiration date from
April 2, 2015 to April 1, 2016. The
contract provides that its term may be extended for a defined period of time,
with a total contract time span of 36 months. This is the second extension of
this contract and will bring the total authorized contract time to 36 months.
The contract consists of labor, materials, equipment and incidentals required
to prepare the site to final grade, install landscape trees, plants, sod and
irrigation systems in accordance with the plans and as specified by various
Palm Beach County Departments on an as needed basis. Countywide (MRE)
2. Staff recommends
motion to approve: a Maintenance and Removal Agreement with Janus
Hotels and Resorts, Inc. (Janus), for a proposed accessibility ramp within the
right-of-way of Donald Ross Road. SUMMARY: Approval of the Maintenance and Removal
Agreement will define Janus’ responsibilities for operation and maintenance of
the accessibility ramp, and future removal if required. The accessibility ramp will provide direct
pedestrian access from a Holiday Inn Express hotel to the sidewalk on the south side of Donald Ross Road. District 1
(MRE)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends motion to approve: an Interlocal Agreement with City of Lake Worth (City) transferring jurisdictional control, maintenance responsibility, and ownership of Boutwell Road from Lake Worth Road to approximately 360 feet south of 10th Avenue North, to the City. SUMMARY: Approval of this Interlocal Agreement will give the City jurisdictional control, maintenance responsibility, and ownership of Boutwell Road from Lake Worth Road to approximately 360 feet south of 10th Avenue North, which is wholly within the City’s municipal limits. Palm Beach County currently has this section of Boutwell Road under its jurisdiction. District 3 (MRE)
4. Staff recommends motion to approve: an Agreement with Strawberry Lakes Master Corporation, Inc. (Community) for traffic control jurisdiction to be performed by the Palm Beach County Sheriff’s Office (Sheriff). SUMMARY: Approval of this Agreement will authorize the Sheriff to provide enforcement of the traffic laws of the state upon its roadways during normal patrol hours within the Community. District 3 (MRE)
5. DELETED:
Staff recommends motion to approve:
A) an assumption of a Tri-Party Piping, Paving and
Parking Agreement (Agreement Assumption) with Lake Worth Drainage District
(LWDD) and Regency Centers, L.P. for the maintenance of an existing pipe and
improvements located within a portion of the L-18 Canal;
B) an Agreement Assumption with LWDD and Bank Street
Partners, LLC for the maintenance of an existing pipe and improvements located
within a portion of the L-18 Canal; and
C) an Agreement
Assumption with LWDD and ARR Realty Investments, LLC for the maintenance of an
existing pipe and improvements located within a portion of the L-18 Canal.
SUMMARY: Approval of these agreement assumptions will satisfy the request from LWDD to have the new property owners associated with Boynton Lakes Plaza affirm their obligations to maintain the existing pipe and paving, landscaping, lighting and signage improvements located in a portion of the L-18 Canal along Hypoluxo Road near the intersection of Congress Avenue. District 3 (MRE)
6. Staff recommends motion to approve: Work Order No. 2013052-035 (Work Order) in the amount of $322,000 to mill and resurface Cain Boulevard from Glades Road to Yamato Road (Improvements) utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2013-0235 with Community Asphalt Corp. SUMMARY: Approval of this Work Order will allow the contractual services necessary to construct the Improvements. Per County PPM CW-F-050, this Work Order exceeds the threshold relating to staff approvals of contracts, thus requiring approval from the Board of County Commissioners. District 5 (MRE)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
7. Staff recommends
motion to approve: the Second Amendment to renew the civil
engineering annual contracts with Civil Design, Inc. (CDI), R2013-0413, Michael
B. Schorah & Associates, Inc. (Schorah), R2013-0414, and Simmons &
White, Inc. (S&W), R2013-0415, all whose original contracts were dated
April 16, 2013. SUMMARY: Approval of these second amendments to the
annual contracts will extend the required professional services for one year,
on a task order basis. These amendments
with CDI, Schorah and S&W will extend the contract period from April 16,
2015 through April 15, 2016. These
amendments are the second and final renewals of two possible one-year renewals
contemplated in the original contracts. The consultants are all Palm Beach
County companies and are certified as small business enterprises. Countywide
(MRE)
8. Staff recommends
motion to approve:
A) Work Order 2013052-036 utilizing Palm Beach County’s (County) Annual Asphalt Milling and Resurfacing Contract R2013-0235 (Contract) with Community Asphalt Corp. (Community) in the amount of $421,000 for Northlake Boulevard from Osprey Isles Boulevard/112th Terrace to State Road 7 (Districts 1 & 6);
B) Work Order 2013052-037 utilizing the County’s Contract with Community in the amount of $517,000 for Glades Road from Ponderosa Drive to State Road 7 (District 5);
C) Work Order 2013052-038 utilizing the County’s Contract with Community in the amount of $195,000 for Australian Avenue from Belvedere Road to Old Okeechobee Road (Districts 2 & 7);
D) Work Order 2013052-039 utilizing the County’s Contract with Community in the amount of $934,000 for Congress Avenue from Boynton Beach Boulevard to Miner Road (Districts 3 & 4); and
E) Work Order 2013052-040 utilizing the County’s Contract with Community in the amount of $333,000 for Haverhill Road from Belvedere Road to Okeechobee Boulevard (Districts 2 & 7).
SUMMARY: Approval of these five Work Orders will allow the contractual services necessary to construct all the improvements. Funding is provided through the ‘Reserve-Resurfacing’ account within the Five Year Road Program. Per County PPM CW-F-050, these Work Orders exceed the threshold relating to staff approvals of contracts, thus requiring approval from the Board of County Commissioners. (MRE)
9. DELETED
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
10. Staff recommends
motion to approve:
A) a Second Amendment to the annual asphalt milling and resurfacing contract (Contract), Project No. 2013052, dated March 12, 2013, with Community Asphalt Corp., R2013-0235, to increase the amount of the Contract by $2,000,000; and
B) a Second Amendment to the annual asphalt milling and resurfacing contract (Contract), Project No. 2013052, dated March 12, 2013, with Ranger Construction Industries, Inc., R2013-0236, to increase the amount of the Contract by $2,000,000.
SUMMARY: Approval of these
amendments will increase these Contract amounts by $2,000,000 from $12,110,000
to $14,110,000. The increased Contract amounts are based on estimated amounts
to be expended throughout Palm Beach County by the Engineering and Public Works
Department. Countywide (MRE)
11. Staff recommends
motion to approve: a Contract
in the amount of $1,674,638.26, with American Consulting Engineers of Florida,
LLC (ACE), for professional services for the Old Dixie
Highway from Yamato Road to Linton Boulevard 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. The Small Business Enterprise (SBE) goal for the Project is 15%. ACE has committed to 30.50% SBE participation
for the Project. ACE is a Palm
Beach County company. Districts 4
& 7 (MRE)
12. Staff recommends motion to approve: an Agreement with Canyon Isles Homeowners Association, Inc. (Community) for traffic control jurisdiction to be performed by the Palm Beach County Sheriff’s Office (Sheriff). SUMMARY: Approval of this agreement will authorize the Sheriff to provide enforcement of the traffic laws of the state upon its roadways during normal patrol hours within the Community. District 5 (MRE)
13. DELETED
14. Staff recommends motion to approve: a Work Order to construct a mast arm traffic signal at the intersection of Canyon Lakes Drive/Lake Royal Road and Lyons Road, PBC Intersection ID Number 46450 (Project), utilizing Palm Beach County’s (County) annual traffic signal contractor, Gerelco Traffic Controls, Inc. (Gerelco), for the amount of $275,115.72. SUMMARY: Approval of this Work Order will allow Gerelco to construct the Project. Per County PPM CW-F-050, this work order exceeds the threshold relating to staff approvals of contracts, thus requiring approval from the Board of County Commissioners. District 5 (MRE)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
15. Staff recommends
motion to approve:
A) a Work Order to construct a mast arm traffic signal at the intersection of Donald Ross Road and Port Circle, PBC Intersection ID Number 08935 (Project), utilizing Palm Beach County’s (County) annual traffic signal contractor, Gerelco Traffic Controls, Inc. (Gerelco), for the amount of $275,627.82; and
B) a Budget Amendment of $100,000 in the Transportation Improvement Fund to recognize reimbursement funding from Frenchman’s Yacht Club Developers, LLC and appropriate it to the Project.
SUMMARY: Approval of this Work Order and Budget Amendment will allow Gerelco to construct the Project. Per County PPM CW-F-050, this Work Order exceeds the threshold relating to staff approvals of contracts, thus requiring approval from the Board of County Commissioners. District 1 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to receive and file: the IRS Form 8038 in relation to the change in use of the proceeds of the County’s Variable Rate Demand Revenue Bonds, Series 2004 (The Community Foundation for Palm Beach and Martin Counties, Inc. Project) (the “Bonds”). SUMMARY: The IRS Form 8038 for the Bonds has been provided. This Form should now be received and filed in the Minutes Department. District 7 (PFK)
2. Staff
recommends motion to approve:v an Agreement for
Legal Services (Agreement) with Kaplan Kirsch and Rockwell, LLP, with a not to exceed
amount of $350,000 for expert aviation legal services and $30,000 for
reimbursable costs, for a total not to exceed amount of $380,000, with an
initial term of two years with two two-year renewal options. SUMMARY: This Agreement provides for
expert aviation legal services to be provided to the County Attorney by Kaplan,
Kirsch and Rockwell, LLP on an as needed basis. The Agreement would commence on January 9,
2015, and would be limited to an amount not to exceed $350,000. The Agreement also provides for reimbursable
costs up to $30,000, for a total not to exceed amount of $380,000. As a cost-savings measure, the Agreement
provides that the County Attorney’s Office will perform all routine legal
services not requiring expertise in aviation law, such as drafting discovery,
defending/taking depositions, and attending hearings. Countywide (ATP)
3. Staff recommends
motion to approve: Settlement
Agreement in Lisa Hardy v. Palm Beach County Board of County Commissioners
d/b/a Palm Tran, Case No. 502014CA001772XXXXMB AH (Fifteenth Judicial
Circuit Court) for $75,000, inclusive of attorney’s fees and costs. SUMMARY: Plaintiff Lisa Hardy (fifty years of age)
sued Palm Tran alleging negligence following a collision between her vehicle
and a Palm Tran bus, which occurred on August 12, 2013, while the two vehicles
were exiting the Boynton Beach Mall. The
parties have drafted a proposed settlement agreement which would settle Ms.
Hardy’s claims in the amount of $75,000, inclusive of attorney’s fees and
costs. Staff, including Risk Management
and Palm Tran, recommends that the Board of County Commissioners approve this
Settlement as a reasonable compromise of the claims brought by Ms. Hardy, in
order to limit the County’s exposure in this case. Countywide (HH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) Amendment No. 01 to the Contract for Provision of Financial Assistance
with Drug Abuse Treatment Association, Inc. (R2014-1688), for the period
October 1, 2014, through September 30, 2015, in an amount not to exceed
$257,035, to modify the definition of the unit of service in the Walter D.
Kelly Treatment Center/Adolescent Residential Services; and
B) Amendment No. 02 to the Contract for Provision of Financial Assistance
with Adopt-A-Family of the Palm Beaches, Inc. (R2013-1623), for the period
October 1, 2014, through September 30, 2015, in an amount not to exceed
$60,000, to modify the definition of the unit of service in the Service
Enriched Housing Program.
Summary: These
amendments are necessary in order to modify units of service definitions for
both agencies. Drug Abuse
Treatment Association, Inc. will modify the units of service definitions in the DATA Adolescent Residential
Treatment Program, and Adopt-A-Family of the Palm Beaches, Inc. will modify
the units of service definitions in
the Service Enriched Housing Program. The Contract amounts are unchanged by these amendments. Countywide (HH)
2. REVISED TITLE & SUMMARY: Staff
recommends motion to approve:
A) Issuance of termination notice to Comprehensive Alcoholism Rehabilitation
Programs, Inc. (CARP) Contract R2014-1901, effective March 15, 2015; and
B) Amendment No. 01 to Contract for Provision
of Financial Assistance with The Jerome Golden Center for Behavioral Health,
Inc., (R2014-1695), Drug
Abuse Foundation of Palm Beach County, Inc., (R2014-1692), for the period March
16, 2015 October 1, 2014, through September 30, 2015, to increase
funding by $165,568 $153,000, for a new total contract amount not
to exceed $1,316,096 $903,353.
SUMMARY: Contract
termination is being recommended for CARP due to a failure of the agency to
provide reasonable assurances that patient care, service delivery, financial accountability
and other essential performance requirements and contract provisions are being
maintained, and will be maintained in the future. CARP has failed to adequately address the monitoring concerns of
the County and has lost State funding provided through the managing entity, Southeast
Florida Behavioral Health Network, Inc. (SEFBHN) and the Department of
Corrections, and has stopped accepting patients. To avoid a disruption of services, staff is
recommending an expansion of our current contract with The Jerome Golden
Center for Behavioral Health Inc. the Drug Abuse Foundation of Palm
Beach County, Inc. to provide detoxification treatment beds for the
duration of the contract period March 16, 2015, through September 30,
2015. No new County
funding is required. Countywide (HH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: Contract for Provision of Financial
Assistance with The Jerome Golden Center for Behavioral Health, Inc., for the period March 16, 2015
through June 30, 2015, in an amount not to exceed $200,000, for mental health
and substance abuse co-occurring treatment services. Summary: On February 3, 2015, the Board
of County Commissioners approved a contract with Southeast Florida Behavioral Health
Network, Inc. (SEFBHN), providing the County the funds to sub-contract with The Jerome Golden Center for Behavioral Health,
Inc. (Center). The Center will take on
the complex task of addressing co-occurring psychiatric and substance abuse
concerns. The Center will implement a 12-bed,
Level 2 residential treatment facility to provide integrated services for co-occurring
disorders where both disorders are primary and treated by one team
simultaneously. Thomas McKissack of The Jerome Golden Center for Behavioral Health, Inc.
is a member of the HIV Care Council. This board provides no
regulation, management, or policy-setting recommendations regarding the
Homeless Assertive Community Treatment Team activities funded by this Contract.
Disclosure of this contractual relationship at a duly noticed public meeting is
being provided in accordance with the provisions of Sect. 2-443, of the Palm
Beach County Code of Ethics. No County funds are required. Countywide
(HH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to:
A) receive and file:
1. Amendment
004 to Standard Agreement No. IA013-9500 (R2013-0433) for Older American Act (OAA) with the Area Agency on
Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period January 1, 2014,
through December 31, 2014, to increase total funding by $5,302 for a new total
amount not to exceed $1,918,257, to provide assistance to older persons and
caregivers; and
2. Amendment 005 to Standard Agreement No.
IU013-9500 (R2012-1871) for
Nutrition Services Incentive Program (NSIP) with AAA, for the period October 1,
2014, through September 30, 2015, to increase total funding by $613 for a new
total amount not to exceed $277,798, to provide meals to seniors via OAA
congregate and home delivered meals ; and
3. Amendment
006 to Standard Agreement No. IP012-9500 (R2012-1633) for Emergency Home Energy
Assistance for the Elderly Program (EHEAP) with AAA, for the period for April
1, 2014, through March 31, 2015, for a total
amount not to exceed $9,759, to provide home energy assistance for seniors; and
4. Amendment
006 to Standard Agreement No. IZ012-9500 (R2012-1631) for Alzheimer’s Disease
Initiative (ADI) with AAA, for the period July 1, 2013, to June 30, 2014, to
increase total funding by $54,239.76 for a new total amount not to exceed
$329,375.76, to provide assistance to seniors afflicted with Alzheimer’s
disease and other forms of dementia.
B) approve Renewal
Agreement IA013-9500 to Standard
Agreement No. IA013-9500 (R2013-0433) for Older Americans Act (OAA) with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc., (AAA), for the period January 1, 2015, through
December 31, 2015, in an amount not to exceed $1,912,997, to provide assistance to older persons and caregivers; and
C)
approve Budget
Amendment of $540,007 in the DOSS Administration Fund to align the budget to
the actual grant award.
Summary: Grant adjustments are made during the contract year to align services
with need. The renewal outlines funding
allocations for the 2015 OAA agreement period and reflects any changes to the
approved rates. 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 (HH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to:
A) approve one full-time equivalent
(FTE) grant funded position for an Information Management System Specialist
(Pay Grade 30), for the Human Services Division; and
B) delegate
signature
authority to the County Administrator, or his designee, to sign the Client
Management Information System (CMIS) Agency License Agreements; and
C) delegate
signature
authority to the County Administrator, or his designee, to sign the contract
and any other applicable documents with the software provider; and
D) approve Budget Transfer
of $50,000 in the Housing and Community Development Fund to General Fund to
establish the new position; and
E) approve
Budget
Amendment of $50,000 in General Fund, Human Services Division to establish the
budget.
Summary: In October 2014, the Division of Human
Services began oversight and administration of CMIS. CMIS serves as a countywide shared database
to track homeless prevention and homeless services provided to individuals and
families. This reduces duplication of
information for referrals and contacts with appropriate agencies. CMIS is
federally mandated by Housing and Urban Development (HUD) in order to qualify
for Continuum of Care grant funds. Until May 2014, Palm Beach County received
an annual HUD grant allocation for CMIS operations in the amount of $155,000;
however, reduction in federal funding resulted in the loss of this grant. There is a $50,000 allocation in the Emergency
Solutions Grant funds to support CMIS operation from the Department of Economic
Sustainability. License fees of $100 each
are charged to users annually for a total of $6,800. The grant position will be approved for the
length of the grant and will be eliminated if funding is discontinued. (Human Services) Countywide (HH)
6. Staff recommends
motion to approve:
Amendment 005 to Permanent Contract No.
Y4119 (R2013-1543) for Adult Care Food Program (ACFP) with the State of
Florida, Department of Elder Affairs (DoEA) to incorporate revisions, additions
and deletions to permanent contract. Summary:
This amendment includes new language regarding public records and
retention requirements, revises and replaces the Indemnification clause, adds
new paragraph requiring a statement listing the publicly funded programs DOSS
has participated in the past seven years, and deletes section 18.3 Public
Access to Records. Amendments No. 1
(R2014-1024), No. 2 (R2014-1025) and No. 3 (R2014-1677) were approved by the
Board of County Commissioners. Amendment
No. 4 is an internal DoEA budget amendment increasing the projected amount of
allocation for Palm Beach County based on number of clients served in prior
months. Amendment No. 4 is not provided to the grantee for approval since it
reflects the changes in projected allocation.
It does not change any contract language or provisions. The ACFP targets low-income
persons receiving Medicaid, Food Stamps, and/or Supplemental Security Income
(SSI). ACFP provides meal
reimbursements to approved providers for servicing eligible adult day care
participants. ACFP provides
meals and a snack per day to adult day care clients, in an effort to maintain
or improve the adult participant’s quality of life. No
County match is required. (DOSS) Countywide (HH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Airport
Consent to Assignment of Subconcession Agreement (Consent) with The Hertz
Corporation (Hertz), consenting to the assignment of the subconcession by
Simply Wheelz, LLC (Wheelz) to Advantage Opco, LLC (Opco) d/b/a Advantage Rent
A Car (Advantage) for the operation of the Advantage
rental car brand at the Palm Beach International Airport (PBI). SUMMARY: The Consent will permit Wheelz to assign its interest in a
subconcession agreement for the operation of the Advantage brand at PBI to
Opco. The Consent also accepts an audit
report submitted for the contract year ending September 30, 2013 for the
Advantage brand, which lacked certain non-revenue data such as the number of
rental car transactions. Countywide (AH)
2. Staff recommends
motion to approve: a Third Amendment to Advertising Concession
Agreement (Amendment) with In-Ter-Space Services, Inc., d/b/a Clear Channel
Airports (Clear Channel), providing for use of vacant advertising displays for
certain local tourism or airport messages subject to reimbursement of costs. SUMMARY:
This Amendment authorizes the Department of Airports to request Clear
Channel to install and maintain certain advertising and displays at the Palm
Beach International Airport (PBI) for the provision of local tourism, welcome
messages and the promotion of airport programs and services subject to
reimbursement of costs incurred by Clear Channel for design, fabrication and
installation of advertisements and displays requested by the Department.
Reimbursement will be in the form of a credit against concession payments owed
to the County pursuant to the Concession Agreement. Countywide (AH)
3. Staff recommends
motion to approve: a Seventh Amendment to Retail Concession Agreement
(Amendment) with Paradies-Palm Beach, LLC (Paradies), providing for the lease
of approximately 189 square feet of additional space for approximately $12,956
per year, a license for the use of additional storage space, and the removal of
the prohibition on liquor sales at the Palm Beach International Airport. SUMMARY:
This Amendment increases the amount of storage space leased to Paradies by
approximately 189 square feet resulting in $12,956 in annual rental. The
Amendment also allows for a revocable license with Paradies for additional
storage space within Concourse C at no cost in order to reduce deliveries made
through the security bypass on the concourse. Additionally, this Amendment
removes the prohibition of the sale of liquor, corrects a scrivener’s error in
the definition of privilege fees, and updates standard non-discrimination
contract provisions. Countywide (AH)
4. Staff recommends
motion to receive and file: Hotel-Motel Courtesy Shuttle Operator Permit
with Island Hospitality Management V, Inc., d/b/a Courtyard by Marriott West
Palm Beach Airport Hotel commencing November 14, 2014, terminating September
30, 2015, automatically renewed on yearly basis (October 1st through
September 30th). 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)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to receive and file: License Agreement with Jet Aviation
Associates, Ltd. (Jet) commencing January 21, 2015 and expiring January 23,
2015, and commencing January 20, 2016 and expiring January 22, 2016, for
overflow parking of vehicles in connection with the annual La Bella Macchina
charity event hosted by Jet at the Palm Beach International Airport (PBIA), at
no cost to Jet. 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 portion of the parking area adjacent to the
PBIA Air Cargo Building No. 1475 for use solely for the parking of vehicles in
connection with Jet’s charity event. Countywide (AH)
6. Staff recommends
motion to receive and file: License Agreement with Avis Rent A Car
System, LLC, commencing December 15, 2014 and expiring February 14, 2015, and
renewing on a month to month basis, provided no renewal shall extend beyond May
14, 2015, for a portion of paved parking area at Building 1475, at the Palm
Beach International Airport as identified in Exhibit “A” of the License
Agreement, for payment of license fees in the amount of $3,300 per month. SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the Board of County
Commissioners in R2007-2070. Countywide (AH)
7. Staff recommends
motion to receive and file: License
Agreement with Evans Consoles Incorporated (Evans), commencing January 15, 2015
and expiring February 14, 2015, and renewing on a month to month basis, provided
no renewal shall extend beyond June 14, 2015, for a 3,500 square foot portion
of Building 1169, at the Palm Beach International Airport as identified in
Exhibit “A” of the License Agreement, for payment of license fees in the amount
of $1,750 per month. SUMMARY:
Delegation of authority for execution of the standard County agreements above
was approved by the Board of County Commissioners in R2007-2070. Countywide
(AH)
8. Staff recommends
motion to approve:
A) Change
Order No. 2 to Amendment No. 1 to the Construction Manager (CM) at Risk
Contract with The Whiting-Turner Contracting Company in the amount of $620,529
for CM at Risk Services for the Baggage Handling System improvements at Palm
Beach International Airport (PBIA); and
B) a Budget Transfer of $620,529 in the Airport Improvement and
Development Fund to provide budget for Change Order No. 2 to the contract with
The Whiting-Turner Contracting Company.
This includes a transfer from Reserves of $620,529.
SUMMARY: The CM at Risk Contract with The Whiting-Turner Contracting Company for
CM at Risk Services for terminal improvements at PBIA was approved by the Board
on October 16, 2012 (R2012-1519).
Approval of Amendment No. 1 in the amount of $41,983,731 and 616 calendar
days was approved by the Board on October 21, 2014 (R2014-1637). Change Order No. 1 was approved by the
Department of Airports pursuant to PPM CW-F-050 deducting direct purchased
materials in the amount of (-)$1,036,264.48. Approval of Change Order No. 2 will increase
the Guaranteed Maximum Price approved in Amendment No. 1 by $620,529. There is no change in time related to this
change order. The Whiting-Turner
Contracting Company is a Baltimore, Maryland based firm; however, the work will
be directly managed by the local South Florida office in Broward County. Countywide
(JCM)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff recommends motion to approve: the At-Large reappointments of the following two individuals to the Aviation and Airports Advisory Board (AAAB) for a term beginning March 10, 2015 and expiring September 30, 2017:
SEAT NAME SEAT REQUIREMENT NOMINATED
BY
No. 8 Ronald Ash Favorable reputation for
experience Vice Mayor Berger
and expertise in engineering, Comm. Valeche
architecture and construction Comm. Abrams
Comm. McKinlay
Comm. Taylor
No. 9 E.
Llwyd Ecclestone Favorable reputation
for experience Mayor Vana
and expertise in banking,
insurance, Vice Mayor Berger
business, non-residential
construction Comm. Valeche
and consumer Comm.
Abrams
Comm. McKinlay
SUMMARY: Per Resolution No. R2013-1303, the AAAB consists of nine members. Seven members are District appointments (Seats 1 through 7) and two members are At-Large appointments (Seats 8 and 9). On September 30, 2014, the term for Seat No. 8 and Seat No. 9 expired. Mr. Ash and Mr. Ecclestone meet the membership requirements and are willing to serve another term. No other nominations were received. E. Llwyd Ecclestone has disclosed that he has an ownership position in Florida Management Company which leases real estate to the Palm Beach County Tourist Development Council. The AAAB 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 (AH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion
to approve:
A) the appointment/reappointment of the following nominees to the Impact Fee Review Committee (IFRC) for the three year term March 10, 2015 through March 9, 2018:
Nominee Seat No. Requirement Nominated By
Appointment
James
Dubois 2 Municipal Mayor Vana Commissioner Valeche
Commissioner
Burdick
Commissioner
Abrams
Commissioner
McKinlay
Vice
Mayor Berger
Reappoint
Jerry
Beavers 3 Municipal Mayor Vana
Commissioner
Valeche
Commissioner
Burdick
Commissioner
Abrams
Commissioner
Taylor
Vice
Mayor Berger
B) the appointment of Andrew Mack to an alternate seat on the IFRC to complete the unexpired term of James Dubois for the period March 10, 2015 through October 21, 2016:
Nominee Seat No. Requirement Nominated By
Andrew
Mack Alternate Municipal Mayor Vana
Commissioner
Valeche
Commissioner
Burdick
Commissioner
Abrams
Commissioner
McKinlay
Commissioner
Taylor
Vice
Mayor Berger
SUMMARY: The IFRC is composed of seven members and three alternate members. The voting membership of the IFRC shall include three representatives from municipalities within PBC, three representatives from the business community, and one member selected at-large. The alternate members shall include one representative from each of the three categories listed above. This agenda item provides for the appointment/reappointment of regular-seat members to a three-year term that will expire March 9, 2018 and the appointment of an alternate member to complete an unexpired term that will expire October 21, 2016. Each of the nominees has completed the required ethics training. Countywide (LB)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
Contract with All-Site Construction, Inc. for the Job Order Contract (JOC) Annual
2015 with a maximum value of $2,500,000 as one of a pool of five general
contractors to perform on an as-needed basis for projects throughout the
County. SUMMARY: This Contract is
for one year and is an indefinite-quantity, fixed unit price contract that has
a minimum value of $35,000 and a maximum cumulative value of $2,500,000 across
all five contracts. Job Order Contracts
are competitively bid, firm, fixed price indefinite quantity contracts that
include a collection of detailed repair and construction tasks and
specifications that have established unit prices. The original contracts provide for an initial
one year term with four one-year renewal options at the sole option of the
County. Staff will review the status of
the contractor’s certifications annually, prior to renewal, to ensure the firm
remains qualified and in good standing.
The specific magnitude of the work will be determined by individual work
orders issued. All-Site Construction,
Inc. will perform work identified by the County in the executed work order, in
accordance with the following cost factor adjustments to the Construction Task
Catalog (CTC) Unit Price Books:
1.0794 Project requires work to be performed
during normal working hours; and
1.0911 Project requires work to be performed
outside normal working hours
The Small Business Enterprise (SBE) goal established for this Contract
is 15% and will be tracked cumulatively for each issued work order. All-Site Construction, Inc. is a Palm Beach
County based company. (Capital Improvements
Division) Countywide (JM)
2. Staff recommends
motion to approve: Contract with Carrick Contracting Corporation for
the Job Order Contract (JOC) Annual 2015 with a maximum value of $2,500,000 as
one of a pool of five general contractors to perform on an as-needed basis for
projects throughout the County. SUMMARY:
This Contract is for one year and is an indefinite-quantity, fixed unit price
contract that has a minimum value of $35,000 and a maximum cumulative value of
$2,500,000 across all five contracts.
Job Order Contracts are competitively bid, firm, fixed price indefinite
quantity contracts that include a collection of detailed repair and
construction tasks and specifications that have established unit prices. The original contracts provide for an initial
one year term with four one-year renewal options at the sole option of the
County. Staff will review the status of
the contractor’s certifications annually, prior to renewal, to ensure the firm
remains qualified and in good standing.
The specific magnitude of the work will be determined by individual work
orders issued. Carrick Contracting Corporation
will perform work identified by the County in the executed work order, in
accordance with the following cost factor adjustments to the Construction Task
Catalog (CTC) Unit Price Books:
1.0175 Project
requires work to be performed during normal working hours; and
1.0275 Project
requires work to be performed outside normal working hours
The Small Business Enterprise (SBE) goal established for this Contract
is 15% and will be tracked cumulatively for each issued work order. Carrick Contracting Corporation is a Palm
Beach County based company. (Capital
Improvements Division) Countywide (JM)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Contract with Fine Line Construction Contractors,
Inc. for the Job Order Contract (JOC) Annual 2015 with a maximum value of
$2,500,000 as one of a pool of five general contractors to perform on an
as-needed basis for projects throughout the County. SUMMARY: This Contract is for one year
and is an indefinite-quantity, fixed unit price contract that has a minimum
value of $35,000 and a maximum cumulative value of $2,500,000 across all five
contracts. Job Order Contracts are
competitively bid, firm, fixed price indefinite quantity contracts that include
a collection of detailed repair and construction tasks and specifications that
have established unit prices. The
original contracts provide for an initial one year term with four one-year
renewal options at the sole option of the County. Staff will review the status of the
contractor’s certifications annually, prior to renewal, to ensure the firm
remains qualified and in good standing.
The specific magnitude of the work will be determined by individual work
orders issued. Fine Line Construction
Contractors, Inc. will perform work identified by the County in the executed
work order, in accordance with the following cost factor adjustments to the
Construction Task Catalog (CTC) Unit Price Books:
0.8700 Project
requires work to be performed during normal working hours; and
0.9570 Project
requires work to be performed outside normal working hours
The Small Business Enterprise (SBE) goal established for this Contract
is 15% and will be tracked cumulatively for each issued work order. Fine Line Construction
Contractors, Inc. is a Palm Beach County based company. (Capital Improvements Division) Countywide (JM)
4. Staff recommends
motion to approve: Contract with Providian Construction Group, Inc. for
the Job Order Contract (JOC) Annual 2015 with a maximum value of $2,500,000 as
one of a pool of five general contractors to perform on an as-needed basis for
projects throughout the County. SUMMARY:
This Contract is for one year and is an indefinite-quantity, fixed unit price
contract that has a minimum value of $35,000 and a maximum cumulative value of
$2,500,000 across all five contracts.
Job Order Contracts are competitively bid, firm, fixed price indefinite
quantity contracts that include a collection of detailed repair and
construction tasks and specifications that have established unit prices. The original contracts provide for an initial
one year term with four one-year renewal options at the sole option of the
County. Staff will review the status of
the contractor’s certifications annually, prior to renewal, to ensure the firm
remains qualified and in good standing.
The specific magnitude of the work will be determined by individual work
orders issued. Providian Construction
Group, Inc. will perform work identified by the County in the executed work
order, in accordance with the following cost factor adjustments to the
Construction Task Catalog (CTC) Unit Price Books:
0.8875 Project
requires work to be performed during normal working hours; and
0.9245 Project
requires work to be performed outside normal working hours
The Small Business Enterprise (SBE) goal established for this contract
is 15% and will be tracked cumulatively for each issued work order. Providian Construction Group, Inc. is a
Broward County based company with a Palm Beach County office. (Capital
Improvements Division) Countywide (JM)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: Contract with Robling Architecture Construction,
Inc. for the Job Order Contract (JOC) Annual 2015 with a maximum value of
$2,500,000 as one of a pool of five general contractors to perform on an
as-needed basis for projects throughout the County. SUMMARY: This Contract is for one year
and is an indefinite-quantity, fixed unit price contract that has a minimum
value of $35,000 and a maximum cumulative value of $2,500,000 across all five
contracts. Job Order Contracts are
competitively bid, firm, fixed price indefinite quantity contracts that include
a collection of detailed repair and construction tasks and specifications that
have established unit prices. The
original contracts provide for an initial one year term with four one-year
renewal options at the sole option of the County. Staff will review the status of the
contractor’s certifications annually, prior to renewal, to ensure the firm
remains qualified and in good standing.
The specific magnitude of the work will be determined by individual work
orders issued. Robling Architecture
Construction, Inc. will perform work identified by the County in the executed
work order, in accordance with the following cost factor adjustments to the
Construction Task Catalog (CTC) Unit Price Books:
0.9590 Project
requires work to be performed during normal working hours; and
0.9690 Project
requires work to be performed outside normal working hours
The Small Business Enterprise (SBE) goal established for this contract
is 15% and will be tracked cumulatively for each issued work order. Robling Architecture Construction, Inc. is a
Palm Beach County based company. (Capital
Improvements Division) Countywide (JM)
6. Staff recommends
motion to approve: an Interlocal Agreement with the Food and Drug
Administration – Office of Criminal Investigations (Agency) allowing for
interoperable communications through the countywide common talk groups of the
County’s Public Safety Radio System (System).
SUMMARY: This Interlocal
Agreement provides the terms and conditions under which the Agency can program
into its radios and utilize the countywide common talk groups for certain types
of inter-agency communications. The
County’s System will not be utilized for routine operational communications by
the Agency. The terms of the Agreement
are standard and have been offered to all municipalities and local branches of
state and federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this
agreement. The Agency is required to pay all costs associated with subscriber
units and to comply with the established operating procedures for the County’s
Public Safety Radio System. The
Agreement provides for an initial term of five years with three renewal
options, each for a period of five years.
This Interlocal Agreement may be terminated by either party, with or
without cause, upon ten days prior notice to the other party. (ESS) Countywide (JM)
7. Staff recommends
motion to approve: Exercise of the first option to extend Lease
Agreement (R91-0437D) with Wallace K. Lutz, Sr. And
Theresa C. Lutz, Trustees of the Wallace K. Lutz, Sr. Revocable Living Trust
dated October 8, 1991. SUMMARY: The County, on behalf of the
Department of Community Services’ Migrant Program, currently leases 699 SF of
office space at 607 South Main Street, Unit 103, in Belle Glade for the
operation of a satellite office. This
first option will extend the term of the Lease Agreement for two years from
June 1, 2015, through May 31, 2017. The
annual rent for this extension period will increase two percent (2%) to
$7,514.14 ($10.75/sf). (PREM) District 6 (HJF)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends
motion to accept: a Quitclaim Deed from the United States of America,
acting by and through the Administrator of General Services, conveying 5.76
acres of unimproved property located in unincorporated Delray Beach. SUMMARY: The subject property is
located at 14115 Hagen Ranch Road and formerly supported a Federal Aviation
Administration (FAA) communication tower and related ancillary
improvements. On May 20, 2014, the U.S.
General Services Administration (GSA) issued a letter informing the County that
the property was determined to be surplus Federal Government property and
available for disposal. Formal notice of
the County’s interest in the property for emergency management response
purposes was issued on June 12, 2014. An
Application for Surplus Federal Real Property Public Benefit Conveyance was
then submitted by Facilities Development & Operations to the Department of
Homeland Security, Federal Emergency Management Agency (FEMA) on July 25,
2014. That application has been approved
by FEMA and GSA, and County acceptance of the deed is now required to complete
the transfer of ownership to the County.
The conveyance from the federal government is without charge and is
subject to restrictions limiting use of the property to emergency management
response purposes. (PREM) District 5 (HJF)
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve: an Agreement with the City of Greenacres in the
amount of $89,231 for the period of March 10, 2015, through April 30, 2016. Summary: The Agreement
provides Community Development Block Grant (CDBG) funding for drainage
improvements along First Street in Greenacres.
On July 22, 2014, the Board of County Commissioners approved the Fiscal
Year 2014-2015 Action Plan (R2014-1079) which allocated $89,231 for these
infrastructure improvements. This
funding is projected to create three jobs and have a one year Economic
Sustainability Impact of $152,590. These
are Federal CDBG funds which require no local match. (DES Contract
Development) District 2 (JB)
2. Staff recommends
motion to approve: a Budget Amendment of $500,000 to the Federal Home
Loan Bank of Atlanta (FHLBA) Fund to appropriate funds in the Fiscal Year
2014-2015 Budget. Summary: On December 16,
2014, the Board of County Commissioners approved a Memorandum of Understanding (MOU)
(R2014-1924) with the FHLBA for a commitment of $500,000 from its Affordable
Housing Program funds to help finance income eligible U.S. military personnel
veterans and surviving spouses to purchase new homes or to purchase and
rehabilitate existing homes in Palm Beach County. The Veterans Homeownership and Preservation
Program (VHPP) will initially be funded with Fiscal Year 2014-2015 State
Housing Initiatives Partnership (SHIP) Program funds in the amount of
$1,000,000 and matched with a FHLBA grant in the amount of $500,000 for a total
program allocation of $1.5 million. The
VHPP will leverage other Federal, State and private funding. The FHLBA requires at a minimum a 2:1 match
and, if successful, FHLBA has preliminarily agreed to provide on-going funding
for the program. The MOU term is from
January 1, 2015 to December 31, 2015. These are FHLBA funds which require a
local match that will be met with State SHIP funds. (FALS) Countywide
(JB)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to approve:
A) a Budget Amendment of $58,721 in the Housing
and Community Development Fund;
B) a Budget Amendment of $138,154 in the Home
Investment Partnership Act (HOME) Fund; and
C) a Budget Amendment of $4,471 in the General Fund.
Summary: On July 22, 2014,
the Board of County Commissioners approved the County’s Fiscal Year 2014-2015
Action Plan (R2014-1079). The U.S.
Department of Housing and Urban Development (HUD) approved the Action Plan that
included the Fiscal Year 2014-2015 allocation of Federal funds totaling
$8,094,426 and comprising $5,865,753 for the Community Development Block Grant
(CDBG) Program, $478,676 for the Emergency Solutions Grant (ESG) Program and
$1,749,997 for the HOME Investment Partnership Grant (HOME) Program. These
Budget Amendments are necessary to adjust the current budget amounts to the
authorized funding levels. The ESG required 100% local match will be
provided by the seven ESG-funded agencies, the Division of Human Services, and
the Department of Economic Sustainability.
The HOME required local match ($371,875) will be provided from the State
Housing Initiatives Partnership Program.
CDBG funds require no local match. (FALS) Countywide (JB)
4. Staff recommends
motion to:
A) receive and file the 2014 Crime
Statistics Report for the Palm Beach County Urban High-Crime Job Tax Credit
(UJTC) Program and the UJTC Re-ranking Status Letter/Program;
B) ratify the Mayor’s signature on the 2014 Crime
Statistics Report; and
C) authorize the County Administrator, or
his designee, to execute future UJTC Program reports and all related amendments
and documents.
Summary: Palm Beach County has participated in the UJTC
Program since 1999. Historically, the State assembled the data and reviewed the
statistics. The County is now required by the Florida Legislature to submit the
report for the State’s review. The 2014
Crime Statistics Report was executed on August 25, 2014 by the Mayor and was
provided to the Florida Department of Economic Opportunity. The report includes the crime volume and
number of arrests that took place for various crimes within the UJTC area
during the 2013 calendar year. Upon review of the 2014 Crime Statistics Report,
the State re-ranked the County UJTC area as Tier 1 allowing eligible businesses
to receive State tax credits from $1,500 to $2,000 per qualified job. The re-designation of the UJTC areas became
effective on January 1, 2015, and will remain in effect until December 31,
2017. (Strategic Planning Section) Districts 2 & 7 (JB)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
5. Staff recommends
motion to approve: an Agreement with the Town of Lake Park in the
amount of $403,591 for the period of March 10, 2015, through August 30, 2016. Summary: The Agreement provides Community Development
Block Grant (CDBG) funding for restroom demolition, reconstruction and
renovation, and related site improvements in Kelsey Park and Lake Shore Park
located at 601 Federal Highway and 600 Lake Shore Drive in Lake Park,
respectively. On July 22, 2014, the
Board of County Commissioners (BCC) approved the Fiscal Year 2014-2015 Action
Plan (R2014-1079) which provided a formula allocation of $53,941 for Kelsey
Park and an Area of Hope allocation of $309,000 for Lake Shore Park. In addition, on July 16, 2013, the BCC
approved the Fiscal Year 2013-2014 Action Plan (R2013-0950) which provided a
formula allocated of $40,650 for Kelsey Park.
This funding is projected to create 13 jobs and have a one year
Economic Sustainability Impact of $1 Million. These are Federal CDBG
funds which require no local match. (DES Contract Development) District
1 (JB)
6. DELETED
7. Staff recommends
motion to approve: an
Agreement with the City of Riviera Beach in the amount of $188,761 for the period March
10, 2015, through
July 31, 2016. Summary: This Agreement provides Community Development Block Grant (CDBG)
funding for the installation of infrastructure improvements along West 23rd
Street. On July 22, 2014, the Board of County Commissioners approved the
Fiscal Year 2014-2015 Action Plan (R2014-1079) which allocated $188,761 for
these improvements. This funding is projected to create six jobs and have a
one year Economic Sustainability Impact of $282,288. These are
Federal CDBG funds which require no local match. (DES Contract Development)
District 7 (JB)
8. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2013-1648) with
the City of Greenacres to extend the project completion date. Summary: On November 19, 2013, the County entered
into an Agreement (R2013-1648) with the City of Greenacres to provide $589,231
in Community Development Block Grant (CDBG) funds for the construction of a
sanitary sewer line along 10th Avenue North and various intersecting
streets in Greenacres. Construction is underway; however, the contractor’s
delay in starting the work has necessitated this time extension. This Amendment
extends the project completion date from May 1, 2015 to September 30, 2015. These
are Federal CDBG funds which require no local match. (DES Contract
Development) District 2 (JB)
9. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2013-1647) with
the City of Greenacres to extend the project completion date. Summary: On November 19, 2013, the County entered into an Agreement (R2013-1647)
with the City of Greenacres to provide $322,291 in Community Development Block
Grant (CDBG) funds for renovations to the Community Hall and 500 Perry Avenue
buildings. Construction is nearing
completion; however, the contractor’s delay has necessitated this time
extension. This Amendment extends the project completion from April 1, 2015 to
August 1, 2015. These are Federal CDBG funds which require no local match.
(DES Contract Development) District 2 (JB)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to:
A) adopt two resolutions of the Board of
County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax
exemption for two historic properties located within the City of West Palm
Beach; and
B) approve the restrictive covenants for
the historic properties requiring the qualifying improvements be maintained
during the period that the tax exemption is granted.
SUMMARY: The resolutions will authorize
a County tax exemption for the following historic properties located within the
City of West Palm Beach:
Address: 726 New York Street, West Palm Beach
(Residential)
Address: 119 Westminster Road, West Palm Beach
(Residential)
If
granted the tax exemptions will take effect January 1, 2015, and shall remain
in effect for 10 years, or until December 31, 2024. The exemptions will apply to 100 percent of
the assessed value of all improvements to the historic property, which resulted
from restoration, renovation, or rehabilitation of the properties. Actual
exemption amounts will be based upon the Countywide Millage Rate on a yearly basis. It is estimated that
approximately, $2,905 tax dollars will be exempted annually based on the 2015
Countywide Millage Rate. Accompanying
each resolution is a restrictive covenant, which requires the qualifying
improvements be maintained during the period that each tax exemption is
granted. Districts 2 & 7 (RPB)
2. Staff recommends
motion to approve: reappointment
of a member to the Land Development Regulation Advisory Board (LDRAB), for the
term from March 10, 2015, to February 6, 2018:
Reappoint Seat No.
Seat Requirement Nominated
By
Leo
Plevy 18
None (Alternate) Vice Mayor Berger
SUMMARY: The Land Development Regulation Advisory
Board (LDRAB) is comprised of 18 members. The Unified Land Development Code
(ULDC) provides for seven members appointed by the Board of County
Commissioners (BCC), one from each Palm Beach County (PBC) Commissioner as a
district appointment, with consideration of expertise in Article 2.G.3.A.3.b.,
Qualifications; nine members that are appointed by a majority of the BCC upon a
recommendation by specific organizations: Gold Coast Builders Association,
League of Cities, Florida Engineering Society, American Institute of
Architects, Environmental Organization, Realtors Association of the Palm
Beaches, Florida Surveying and Mapping Society, Association General Contractors
of America, and Palm Beach County Planning Congress; and, two members appointed
at-large, as alternates, by majority vote of the BCC, with consideration of the
expertise in Article 2.G.3.A.3.b., Qualifications. This reappointment is
consistent with the ULDC requirements. Unincorporated (LB)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: four executed Agreements received during
the month of October 2014:
A) Standard Potable
Water and Wastewater Development Agreement with Atlantic Commons Associates,
LLLP, No. 03-01032-000 (District 5);
B) Standard Potable
Water and Wastewater Development Renewal Agreement with Boca Raton Associates
VI, LLLP, No. 09-01041-001 (District 5);
C) Amendment to
Standard Potable Water, Wastewater Development Agreement Due to Increase in
Capacity Equal to or Less Than Ten Percent (10%) of the Original Capacity
Reservation or Ten (10) ERCs/ERICs, Whichever is Greater with Colony at Lake
Worth, LLC (District 3); and
D) Indemnity Agreement with D.R. Horton, Inc. (District 7).
Summary: In accordance with County PPM CW-0-051, all delegated
contracts/agreements/grants/ procurement items must be submitted by the
initiating Department as a receive and file agenda
item. The documents have been fully
executed on behalf of the Board of County Commissioners by the County
Administrator/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. (MJ)
2. Staff recommends
motion to accept: an Assignment and Assumption of Utility
Easement (Assignment) from the City of Belle Glade (City) on land owned by the
Trustees of the Internal Improvement Trust Fund of the State of Florida
(State). Summary:
As a result of the recent transfer of assets
from the Glades Utility Authority, the County owns a 12" water main
located at the Belle Glade State Municipal Airport. However, the easement for the water main,
originally granted to the City by the State, still remains in the City’s name,
and needs to be assigned to the County. The Palm Beach County Water Utilities
Department is in the process of replacing the existing water main with a new
16" water main, and has requested that the State grant an additional
easement area for the proper installation, maintenance and service of the new
pipe. The State requires that the existing easement be assigned prior to their
processing of an amendment to increase the easement area. The Assignment form has been provided by the
State and requires
approval by the Board of County Commissioners. District 6 (MJ)
3. Staff
recommends motion to approve: Consultant Services Authorization (CSA) No. 6 for South West Belle Glade
Water Main Improvement, Zone 2 East project with Keshavarz & Associates,
Inc., (R2014-0824), in the amount of $138,945. Summary:
On June 3, 2014, the Board of
County Commissioners approved the Water Utilities Department
Engineering/Professional Services Contract with Keshavarz & Associates,
Inc. (R2014-0824). CSA No. 6 provides for services relating to the surveying,
design and permitting of water main replacements in the southwest area of the
City of Belle Glade designated Zone 2 East. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15% overall.
The contract with Keshavarz and Associates, Inc. provides for SBE participation
of 95%. This Authorization includes 89.92% overall participation. The
cumulative SBE participation is 97.67% overall. Keshavarz & Associates,
Inc. is a Palm Beach County company. (WUD Project No. 14-015) District 6
(JM)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 3 with
JLA Geosciences, Inc.
(R2014-0822) for
Water Treatment Plants 3 and 9 (WTPs 3 and 9) Wells Replacement and
Rehabilitation project in the amount of $219,061. Summary: On June 3, 2014, the Board of County
Commissioners (BCC) approved the Master Contract for Utility Hydrogeologic and Water Resources Engineering Services with
JLA Geosciences, Inc. (R2014-0822)[C1] .
CSA No. 3 will provide for hydrogeologic
consulting services related to the rehabilitation and/or replacement of existing wells. The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance (R2002-0064) is 15% overall.
The contract with JLA Geosciences,
Inc. provides for SBE participation of 95% overall. This CSA includes 95.89% overall participation.
The cumulative SBE participation, including this CSA is 96.82% overall. JLA Geosciences, Inc. is a Palm Beach
County company. This project is included in the FY15 Capital Improvement Plan
adopted by the BCC. (WUD Project No. 13-080) District 5 (JM)
5. Staff recommends
motion to approve: a Contract with Florida Design Drilling
Corporation for the Water Treatment Plant No. 11 (WTP 11) 5 MG Ground Storage
Tank project in the amount of $2,494,949. Summary: On October 8, 2014, nine bid proposals were received for the
construction of a 5 million gallon ground storage tank at WTP 11 in the
Glades. The low bidder, Florida Design
Drilling Corporation, was the lowest responsive, responsible bidder in
the amount of $2,494,949. The
new 5 MG ground storage tank is required to meet operational and emergency
needs. The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance (R2002-0064) is 15% overall. The contract with Florida Design Drilling
Corporation provides for SBE
participation of 35.80% overall. Florida Design Drilling Corporation is a Palm Beach County company.
This project is included in the FY15 Capital Improvement Plan adopted by
the Board of County Commissioners. (WUD Project No. 13-059) District 6
(JM)
6. Staff
recommends motion to approve:
A) the acceptance of funds from the South
Florida Water Management District (SFWMD) Water Savings Incentive Program
(WaterSIP) in the amount of $46,150 for the period January 1, 2015 to December
31, 2015; and
B) a Budget
Amendment of $46,150 in the Operations and Maintenance Fund (Fund 4001) to
budget the award of funds.
Summary: The SFWMD WaterSIP grant will provide
funding for the installation of 20 automatic flushing devices at dead-end
locations along the Water Utilities Department's (WUD) potable water
distribution system. The intent of the SFWMD WaterSIP is to conserve water through demand
reduction, resulting in water savings that are vital to the water resources of
the region. The installation of the automatic line flushing devices will reduce
the amount of water currently utilized during manual flushing while increasing
the quality of the potable water. There is a required local sponsor match of
$46,150 that will be met by an expenditure in the
current budget. Districts 1, 2, 3, 5 & 6 (MJ)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
7. Staff recommends
motion to approve:
A) Contract for the Optimization
and Improvements Design-Build project with Globaltech, Inc.; and
B) Contract for the Optimization and Improvements Design-Build project with
Cardinal Contractors, Inc.
Summary:
These two contracts will
improve the County’s water, wastewater, and reclaimed water treatment
facilities by providing design-build services for optimization, energy
efficiency, continuing compliance with regulatory requirements, safety,
security, alternative water supply, and replacement or repair of critical
components. The selected design-build firms were procured under the provisions
of s. 287.055, Florida Statutes (Consultant Competitive Negotiation Act) and
Countywide PPM CW-O-048. Work Authorizations will be negotiated and issued in
accordance with the standard County procedures outlined in Countywide PPM
CW-F-050. Each Contract has a term of three years. The Small Business Enterprise (SBE) participation
goal established by the SBE Ordinance (R2002-0064) is 15% overall. Globaltech, Inc. has agreed to meet or exceed a
75% SBE goal. Cardinal Contractors, Inc. has
agreed to meet or exceed a 26% SBE goal. Globaltech, Inc. and Cardinal
Contractors, Inc. are both
Palm Beach County companies. (WUD Project No. 14-071) Countywide
(JM)
8. Staff recommends
motion to approve: a Contract with Gilmore Electric Company, Inc.
for the Water Treatment Plant No. 3 (WTP 3) Variable Frequency Drives (VFD’s)
for Transfer Pumps project in the amount of $296,700. Summary: On October 29, 2014, three bids were
received to provide and install new VFD’s for
seven transfer pumps at WTP 3. The project will increase pumping efficiency and
reduce cycling of pumps. Gilmore Electric Company, Inc. was the lowest
responsive, responsible bidder in the amount of $296,700. The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance (R2002-0064) is 15% overall. The Contract with Gilmore Electric Company, Inc. provides
for SBE participation of 100% overall. Gilmore
Electric Company, Inc. is a Palm Beach County company. This project is included in the FY15 Capital
Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 14-041) District 5
(JM)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
9. Staff recommends
motion to approve: a Unit Price Contract with Hinterland Group, Inc.
for the Water Utilities Department Lift Station Rehabilitation Continuing
Construction Contract in the amount not to exceed $6,797,500. Summary: On October 29, 2014,
three bids were received for the Water Utilities Department Lift Station
Rehabilitation Continuing Construction Contract. Hinterland Group, Inc. was
determined to be the lowest responsive responsible bidder. The Contract will provide materials and installation services for system-wide lift
station rehabilitation projects over an 18 month term. The contract
award is for the base contract only and does not guarantee or authorize Hinterland Group, Inc. to perform any work.
Work will be assigned during the 18 month contract
period through work authorizations drawn against this contract, with approvals
pursuant to PPM CW-F-050. The unit prices for labor and materials contained in
this Contract will be used in determining the cost of work authorizations. Supplements to work authorizations for changes
that occur during construction will be subject to the change order limits for
construction contracts as established under PPM CW-F-050, with each work
authorization considered as an individual construction contract. There shall be
no increase in the contract unit prices for the duration of the Contract. The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance (R2002-0064) is 15% overall. Hinterland
Group, Inc. was determined to have 0% SBE participation by the Office of Small
Business Assistance in their bid because they did not provide specific
information on the Schedule 2 SBE document. However, Hinterland Group,
Inc. committed to 97.47% SBE participation under this Contract. The second
lowest bid was outside the range for award established by the SBE Ordinance. Hinterland Group, Inc. is a Palm Beach
County company. (WUD Project No. 14-047) Districts 1, 2, 3, 5, 6 & 7
(JM)
10. Staff recommends motion
to approve: Contract with Layne Inliner, LLC for the Westgate Avenue & Seminole
Boulevard Gravity Sewer Lining project in the amount of $438,497. Summary: On October 29, 2014, four construction bids were received for the completion of
rehabilitation work on gravity wastewater pipe along Westgate Avenue and
Seminole Boulevard. Layne Inliner, LLC was the lowest responsive, responsible
bidder in the amount of $438,497. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. Layne Inliner, LLC was determined
to have 0% SBE participation by the Office of Small Business Assistance (OSBA)
because their Schedule 2 document was not properly executed. Although the second low bidder Lanzo
Lining Services, Inc. is within the 10% range to be consider as the lowest
bidder, we still recommend the award to Layne Inliner, LLC because the second
lowest bidder was also determined to have 0% SBE participation by the OSBA. Layne
Inliner, LLC is not a Palm Beach County Company. This project is included in
the FY15 Capital Improvement Plan adopted by the Board of County Commissioners.
(WUD Project No. 14-089) District 7 (JM)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
11. Staff recommends
motion to approve: a
Declaration of Easement made by Palm Beach County in favor of the Palm Beach
County Water Utilities Department (WUD) for the water main required to provide
water service to Ben Eden Lane and Lynnwood Court. Summary: The Declaration of Easement will allow WUD to install a water main and
appurtenant equipment serving the properties on Ben Eden Lane and Lynnwood
Court through a Special Assessment project. The easement area is 10' wide and
approximately 148' in length. The combined total area is 1,482 square feet
(.034 acres). The Declaration of Easement will be recorded to provide public
notice of the existence and location of the water main and improvements. (WUD
Project No. 14-046) District 2 (MJ)
12. Staff recommends
motion to approve: Change Order No. 3 to the contract with Hinterland Group, Inc.
(R2013-0685) for Wastewater Lift Stations Rehabilitation project 2012 in the
amount of $60,172.67 and a 146 day time extension. Summary: On June 4,
2013, the Board of County Commissioners approved a contract with Hinterland
Group, Inc. (R2013-0685) for the rehabilitation of nine lift stations. Change
Order No. 3 authorizes the contractor to perform additional work including but
not limited to manhole exploration and manhole removal. Change Order No. 3 also
provides for a 146 day time extension to complete the work and additional
design revisions. The Small Business
Enterprise (SBE) participation goal established by SBE ordinance (R2002-0064)
is 15% overall. This contract with Hinterland Group, Inc. provides for SBE
participation of 15% overall. Change
Order No. 3 includes 0% SBE participation. The cumulative SBE participation is
95.43% overall. Hinterland Group, Inc. is a Palm Beach County company. (WUD
Project No. 11-039) Districts 2 & 5 (JM)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file:
A) Amendment to Grant No. 13-4100-7090 (R2014-0155) with the National
Endowment for the Arts (NEA) extends the time period of support from September
30, 2014 to March 31, 2015. All other
provisions of the grant remain in effect;
B) Work Supplement No. 1825-01C to the Primary Contract
for the Annual Dune and Wetland Restoration Project No. 2013ERM01 (R2013-1825)
with Eastman Aggregate Enterprises, LLC (Eastman) increases several line items
and adds screening of debris for the Grassy Flats Restoration Project
retroactively to October 7, 2014 and
increases the time by 90 calendar days retroactive to December 4, 2014;
C) Interlocal Agreement with the Florida Fish and Wildlife Conservation
Commission (FFWCC) for Law Enforcement Services for manatee speed zone law
enforcement for the term from November 15, 2014 to March 31, 2018;
D) Interlocal Agreement with the City of Riviera Beach Police Department for
Law Enforcement Services for manatee speed zone law enforcement for the term
from November 15, 2014 to March 31, 2018; and
E) Interlocal Agreement with the City of West Palm Beach for Law Enforcement
Services for manatee speed zone law enforcement for the term from November 15,
2014 to March 18, 2018.
SUMMARY: On
February 4, 2014, the Board of County Commissioners approved a $40,000 Grant
Award Number 13-4100-7090 (R2014-0155) with the National Endowment for the Arts
supporting the design of a large-scale public art installation by environmental
artist/designer Michael Singer.
Delegation of authority to execute all forms associated with the NEA
Grant Award and Michael Singer, Inc. Contract was approved at that time
pursuant to PPM No. CW-O-051. District 7 (SF)
On December 16, 2014, the Board of County
Commissioners authorized Work Supplement No. 1825-01C in accordance with
Eastman’s Contract (2013-1825) to provide screening and additional hauling of
sand for the Grassy Flats Restoration Project. Delegation of authority to
execute the Work Supplement was authorized at that time pursuant to PPM No. CW-O-051. Countywide/Districts 2 & 7 (JM)
On August 19, 2014, the Board of County
Commissioners approved a standard form Interlocal Agreement (R2014-1193) with
law enforcement agencies for the enforcement of manatee speed zone laws within
the estuarine waters of Palm Beach County.
Delegation of authority to execute these standard form Agreements was
approved at that time pursuant to PPM No. CW-O-051. Countywide (SF)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) approve Florida Fish and
Wildlife Conservation Commission (FWC) Contract No. 14273 for the Loxahatchee
Slough – Sandhill Crane West Wetland Restoration Project, commencing upon
execution and ending June 30, 2016, in an amount not to exceed $150,000;
B) approve a Budget Amendment in the Environmental
Capital Projects Fund in the amount of $150,000 to recognize the grant award;
and
C) authorize
the County Administrator or
his designee to sign all future time extensions, task assignments,
certifications and other forms associated with this Agreement, and necessary
minor amendments that do not significantly change the scope of work or terms
and conditions of the Agreement.
SUMMARY: The Contract will provide $150,000 in
funding for wetland restoration at the Loxahatchee Slough Natural Area. The
restoration project will restore historic hydrologic connections and
functionality of the wetlands allowing for water storage and attenuation of
storm water surge to the Loxahatchee River. The project will also reduce the
threat of saltwater intrusion into the freshwater portions of the river, extend
base flows to the river, and re-establish suitable habitat for listed
species. No matching funds are required
under this contract. District 1 (SF)
3. Staff recommends
motion to:
A) ratify the Mayor’s signature on a Local Agency Program
Agreement (Agreement) with the Florida Department of Transportation (FDOT) in
an amount not to exceed $725,738 for reimbursement of construction and
construction engineering and inspection costs of the Bluegill Trail from Grassy
Waters Preserve/Northlake Boulevard to North of PGA Boulevard (FM No. 423809-2-58/68-01)
to be completed on or before June 30, 2017;
B) ratify the Mayor’s signature on a Federal-Aid
Project Funding Request supporting the Agreement;
C) approve a Budget Amendment of $725,738 in the
Environmental Capital Projects Fund to recognize the Agreement funding; and
D) authorize
the County Administrator or
his designee to sign all future time extensions, task assignments,
certifications and other forms associated with this Agreement, and necessary
minor amendments that do not significantly change the scope of work or terms
and conditions of the Agreement.
SUMMARY: The Agreement will encumber $725,738 in FDOT
Transportation Alternatives Program funds, authorized by Section 1122 of the
Moving Ahead for Progress in the 21st Century Act (MAP-21)
established in 23 U.S.C. 213, to reimburse the cost of construction and CEI for
the proposed Bluegill Trail. The project
consists of a 3.2 mile long, 10’ foot wide asphalt multiuse trail. The trail will connect Grassy Waters Preserve
to the Karen T. Marcus Sandhill Crane Access Park adjacent to the Loxahatchee
Slough Natural Area. Specific federal
requirements for contract bidding and job reporting apply. No County match is required; however, the
current project cost estimate exceeds the $725,738 reimbursement by $3,179. Any
local funding required from the non-ad valorem Natural Areas Fund will be
determined when the project is put out to bid and awarded by a contract
approved by the Board of County Commissioners. District 1 (SF)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to approve: two appointments of at-large members to the
Artificial Reef and Estuarine Enhancement Committee (AREEC). Seats No. 4 and No. 9 are for the term March
10, 2015 through September 30, 2017:
Nominees Seat No. Representing Nominated
By
Shana Phelan 4 Commercial Diving Comm.
Valeche
Comm. Burdick
Comm. Taylor
Comm. McKinlay
Comm. Abrams
James Byrne 9 Environmental Organization Comm. Valeche
Comm.
Burdick
Comm.
McKinlay
Comm.
Abrams
SUMMARY: Resolution
No. R2014-0286 provides for an eleven-member AREEC. Membership consists of one representative of
the County Commission, one representative of commercial SCUBA diving, one
representative of recreational SCUBA diving, one representative of marine
industry, one representative of recreational fishing, one representative of
commercial fishing, one representative of an environmental organization, two
representatives from other government entity and two general members. On February 3, 2015, the Board of County
Commissioners (Board) was advised that two seats are vacant and need to be
filled. Countywide (HF)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following original executed Independent Contractor Agreement:
Palm Beach County Officials Association, Inc., Junior Volleyball
Official, West Boynton Recreation Center, for the period January 21, 2015,
through April 22, 2015.
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.
This Independent Contractor Agreement has been fully executed on behalf
of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions
2002-2103, 2007-0409, and 2012-0168, and is now being submitted to the Board to
receive and file. District 3 (AH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file: the following original executed Tee Time
Advertising and Sales Agreement:
Can-Am Golf Group,
LLC, County golf courses, for the period January 15, 2015, through January 14,
2016.
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. This Tee Time Advertising and Sales Agreement
has been fully executed on behalf of the Board of
County Commissioners (Board) by the County Administrator in accordance with
Resolution 2013-1607, and is now being submitted to the Board to receive and
file. This Agreement helps to sell tee
times at non-peak times that would otherwise not be sold. Countywide
(AH)
3. Staff recommends
motion to approve: Agreement
with the United States Olympic
Committee for the development and
implementation of a Paralympic Sport Club in Lake Worth, Florida, for the period March 10, 2015, through September
30, 2016. Summary: This Agreement enables the United States
Olympic Committee (USOC) and the Parks and Recreation Department to utilize
each other’s resources for the provision of a Paralympic Sports Club. This Agreement provides for the enhancement of
paralympic sports for individuals with physical and visual disabilities. The
County will provide a staff member to manage and oversee all aspects of the Paralympic Sport Club (PSC) and to serve
as the liaison to the USOC. The County’s
financial obligations under this Agreement are limited to the provision of
facility space, staff time, and related minor expenses incurred in the
provision of these services and are subject to annual appropriations by the Board
for this purpose. The USOC will allow
Parks and Recreation to host a Paralympic Experience event and provide
training, funding and administrative support for staff. District 3 (AH)
4. Staff recommends
motion to approve: Deed of
Conservation Easement to South Florida Water Management District (SFWMD) for a 48.42
acre lake mitigation area in John Prince Memorial Park’s Square Lake/East
Slough restoration area. Summary: A Deed of
Conservation Easement in favor of SFWMD is required in order to satisfy a condition
of SFWMD Permit No. 50-02844-S issued in July 2009, for improvements at Burt
Aaronson South County Regional Park’s ski lake.
The Conservation Easement is required to have Board approval and be
recorded in public records. The Easement
will ensure the 48.42 acre wetland mitigation area created in John Prince
Memorial Park will remain in a natural state and will be maintained by the
County in perpetuity. The Conservation
Easement allows passive recreation including boardwalks, mulched trails and
observation platforms, and is consistent with the long range development plan
for John Prince Memorial Park. The
Conservation Easement is being granted to SFWMD at no cost as a condition of
compliance with the environmental permit.
District 3 (AH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
5. Staff recommends
motion to approve: Declaration
of Conservation Easement in
favor of Palm Beach County for two sites at Riverbend Park totaling 4.90 acres.
Summary: Riverbend Park is a regional park
located in northern Palm Beach County and is known for its hiking, equestrian,
and canoe/kayak facilities. A 4.90 acre
upland preserve/tree conservation bank is in the process of being established
to provide tree credits for future park projects. Park facility development projects which impact native upland vegetation
require a Department of Environmental Resource Management (ERM) upland
vegetation removal permit. This tree
conservation bank will assist in satisfying the permit requirements using tree
credits at Riverbend Park. The upland preserve/tree conservation bank requires a Declaration of
Conservation Easement be executed by the Board and recorded in public records.
District 6 (AH)
6. Staff recommends
motion to approve: Fourth Amendment to Agreement with Acme
Improvement District, Boys and Girls Clubs of Palm Beach County, Inc., and the
Village of Wellington, for the funding of the Wellington Boys and Girls Club
facility construction costs to revise the Project Description and Conceptual
Site Plan to accurately reflect the completed project. Summary: This Fourth Amendment to Agreement, R2008-1922,
as amended by R2010-1909, R2012‑0837 and R2014-0069, revises the Project
Description and Conceptual Site Plan to accurately reflect the completed
project’s elements. These revisions meet
the full intent of the original Agreement.
The revisions to the project description and site plan include: 1) increasing the square footage of the
facility from 22,570 to 22,946; 2) reducing the number of parking spaces from
46 to 33; and 3) reducing the number of outdoor basketball courts from 3 to
1. All other terms of the Agreement,
including the funding amount of $600,000, remain the same. Funding is from the 2002, $50 Million
Recreation and Cultural Facilities Bond.
District 6 (PK)
N. LIBRARY
1. Staff recommends
motion to:
A) receive and file Grant Agreement
in the amount of $1,551,565 awarded by the Florida Department of State,
Division of Library and Information Services for FY 2015 State Aid to
Libraries; and
B) approve a Budget Amendment of $422,380 to increase
the County Library Fund to reconcile the State Aid to Libraries Grant Budget to
the actual award amount.
Summary: The Application was approved and
the Agreement was executed by the County Administrator as authorized by the
Board of County Commissioners on September 9, 2014 (R2014-1335). Notification of the award was issued on
December 31, 2014. The State provides an
annual operating grant to eligible libraries based upon their annual operating
expenditures from local funds. Estimated State Aid revenue was included in the
County Library’s FY 2015 budget. Countywide (AH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
R. HUMAN RESOURCES
1. Staff recommends
motion to approve: Palm Beach County’s 2014 – 2015 Affirmative
Action Plan, a voluntary effort to correct
under-representation where it exists in the Board of County Commissioners’
workforce. Summary: Implementation
of this year’s Plan focuses on methods and procedures for achieving targeted
work unit goals, enhancing special recruitment efforts, and continuing to
develop systems to correct under-representation. Minority representation for
all job categories for 2013 – 2014 was 32.7% as compared to the availability of
the labor force for all occupations of 34.6%.
Females represented 33.0% of the County’s workforce in 2013 – 2014 as
compared to the availability of the labor force for all occupations of
46.6%. There is no fiscal impact. Countywide
(DO)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends motion to approve: the Third Amendment to Interlocal Agreement R2010-0650, as amended, for
network services provided by Palm Beach County to Palm Beach State
College. SUMMARY: Palm Beach
State College (PBSC) has an existing network
and colocation services agreement, as amended, with Palm Beach County
(R2010-0650) for an initial term of one year with automatic one-year renewals
unless notice is given by either party. This Third
Amendment adds Virtual Private Network (VPN) Tunnel services, which provides
secure point-to-point network connection between two locations requested by PBSC and will increase total annual service revenue by
$1,200. The Florida LambdaRail LLC has
approved connection of PBSC to the Florida LambdaRail network. Countywide
(PFK)
2. Staff recommends
motion to:
A) approve the
Interlocal Agreement for network services with Palm Beach County and the
Village of Golf (Village) for an annual revenue total of $10,680; and
B) authorize the County Administrator or his designee, ISS Director, to approve and
execute Task Orders associated with these services, up to a maximum dollar
value of $50,000 per Task Order.
SUMMARY: The Village is requesting connection to the
Palm Beach County network at their Village Hall, Public Safety and Utilities
locations; plus seven sites for camera surveillance.
This Interlocal Agreement is for an initial term of one year with automatic
one-year renewals unless notice is given by either party, and will generate
$10,680 in annual revenues to the County and fully reimburse the County for
installation costs (estimated at $8,335). The Florida LambdaRail LLC has approved
connection of the Village to the Florida LambdaRail network. District 4
(PFK)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
3. Staff recommends
motion to approve: the
Second Amendment to Interlocal Agreement R2014-0171, as amended, for network
services with the Health Care District of Palm Beach County. SUMMARY: The Health Care District of
Palm Beach County (HCD) has an existing network services Interlocal Agreement,
as amended, with Palm Beach County (R2014-0171) for an initial term of one year
with automatic one-year renewals unless notice is given by either party. This Second Amendment adds a new HCD clinic
location in West Palm Beach and cross-connect services to Northwest Regional
Data Center. The revised total annual
service revenue is $47,040 for FY 2015, reflecting a net annual increase of
$3,000, and $8,564 for reimbursement of one-time capital costs for fiber optic
network construction, which is approximately 50% of the actual construction
costs. This clinic is funded through a
grant program, which does not have sufficient funding to pay for 100% of the
construction costs. The Florida LambdaRail LLC has approved connection of HCD
to the Florida LambdaRail network. Countywide (PFK)
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: an executed Interlocal Agreement for
investigative services with the Office of the State Attorney, Fifteenth Judicial Circuit (SAO15) in the
amount of $30,000 for the period of October 1, 2014, through September 30, 2017,
to provide services of investigatory work conducting criminal investigations in
cases involving sexual assault with Level 1 (serious) adult victims and
domestic violence cases. SUMMARY:
On October 21, 2014, the Board approved the Department of Justice,
Office on Violence Against Women (OVW), Grants to
Encourage Arrest Policies and Enforcement of Protection Orders Program (GTEA)
(2014-WE-AX-0011) in the amount of $900,000 for the period of October 1, 2014,
through September 30, 2017. Palm Beach
County Victim Services and Rape Crisis Center, along with four non-profit and
governmental project partners including the SAO15, received this grant to
expand the capacity of the Sexual Assault Response Team to respond to victims,
improve investigation and prosecution of sexual assault cases, and improve judicial
handling of cases with a focus on underserved populations to include
communities of color and persons with disabilities. On October 21, 2014
(R2014-163), authorized the County
Administrator or his designee to execute future applications, awards, contracts
and amendments/modifications utilizing funding from the Department of Justice,
office on Violence Against Women on behalf of the
Board of County Commissioners. Countywide (DW)
2. Staff recommends
motion to approve: a Contract
for Consulting/Professional Services in relief veterinary shelter services with
Leonid Vidrevich, D.V.M. in an amount not to exceed $100,000 for the period
March 10, 2015, through March 9, 2016. SUMMARY:
The Animal Care and Control Division is required
to provide appropriate and necessary veterinary services for sheltered
animals. This Contract will only be used
on an as needed basis and during periods when the Division is short staffed in
the veterinary section due to vacations, extended sick or personal leave, or
extended light duty. This Contract may
be renewed by written mutual agreement of the parties for up to three
additional one-year renewals for the same terms and conditions. Countywide (SF)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to:
A) approve an Agreement with
Best Friends Animal Society (Best Friends), a Utah non-profit corporation, to
become a member of the Best Friends No More Homeless Pets Network to provide
data on animal intake, adoptions and euthanasia of animals effective March 10,
2015 until termination by Best Friends or the County; and
B)
authorize the County Administrator or his designee to sign all future renewals,
task assignments, and necessary minor amendments that do not change the scope
of work or terms and conditions of the Agreement.
SUMMARY: In order for local animal
agencies to apply for future grant opportunities with Best Friends, government
animal control agencies must first become a No More Homeless Pets Network
Partner. The Animal Care and Control
Division will share data to work collaboratively with Best Friends. There is no fee associated with becoming a
Network Partner. Countywide (SF)
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: Renewal of
the County’s excess property, liability, and workers’ compensation insurance
program for the period April 1, 2015, through March 31, 2016, purchased through
the County’s contracted broker, Arthur J. Gallagher Risk Management Services,
Inc., under Contract No. 10-042R/LJ, for a total cost not-to-exceed $10,484,624.
Summary: The projected 2015-2016 renewal figures
reflect a softening insurance market for property and liability and a continued
hard market for excess workers’ compensation. Staff recommends renewing all
expiring policies. The County’s total insurable value currently stands at $2.4
billion dollars. The total not-to-exceed cost of $10,484,624 represents an
estimated decrease of approximately 3% ($314,480) over the expiring program.
The cost of the program is also impacted by a variety of state mandated surcharges
and assessments. Sufficient funds are budgeted in FY 2015 for this coverage. Countywide
(HH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, approving Supplemental Number One
Joint Participation Agreement (JPA-434520-1) with the State of Florida
Department of Transportation (FDOT) in the amount of $279,328 expiring on
December 31, 2016 to provide funding
assistance to offset the operating costs of providing increased service
on Route 73, and authorizing the County Administrator or his designee to sign
time extensions; establishing an
effective date, and
B) approve an upward Budget Amendment of $139,664 in
Palm Tran’s Grant Fund 1341 to reconcile the budget to the actual grant award;
and
C) approve an upward Budget Amendment of $139,664 in
Palm Tran’s Operating Fund 1340 to recognize the increased transfer from Palm
Tran’s Grant Fund 1341.
Summary: On September 10, 2013, the Board of County
Commissioners approved a two year Agreement (R2013-1209) with FDOT for the
implementation of increased service on Route 73 expanding the service along
Boynton Beach Boulevard from Military Trail west to 441. This Supplemental JPA
will provide additional operating funding in the amount of $139,664 for an
additional year of increased service on Route 73 bringing the cumulative total
to $837,984 ($418,992 - State funds, $418,992 – required local match). The Supplemental Number One JPA requires a
50% match of $139,664, which is included in Palm Tran’s budget. District 5
(DR)
2. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, approving the submission of a Section 5311 Grant
Application, total project cost of $614,228 for operating and/or capital assistance
under U.S.C. Section 5311(f), Intercity Bus Service Program, as administered by
the Florida Department of Transportation (FDOT). Summary: FDOT has been designated by Florida’s Governor to administer the Section
5311(f) Program. One objective of the funding for intercity bus service under
Section 5311 is to support the connection between rural areas and the larger
regional or national system of intercity bus service. FDOT has notified Palm
Tran that an allocation of Section 5311 funds in the amount of $307,114 is
available for non-urbanized areas for mass transit operating assistance. If the Grant application is approved, it is
staff's recommendation to partially offset the operating costs of Palm Tran’s
fixed route service in the Glades Region of Palm Beach County. The Grant Application is for a total project
cost of $614,228 which requires a 50% local match of ($307,114 Local Funds,
$307,114 FDOT Funds). Palm Beach County will provide the local match funding
from the local option gas tax. The Grant match is included in the FY 2015
Budget. District 6 (DR)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
3. Staff recommends
motion to:
A) approve a Vendor Service Agreement with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) in the amount of
$362,160 to fund transportation services for the Division of Senior Services
(DOSS) Program for the period January 1, 2015, through December 31, 2015;
B) authorize the Executive Director of Palm Tran to
execute the sub-recipient agreement with the City of Pahokee, upon its approval
by the City; and
C) approve
an upward Budget Amendment
of $102,929 in the Palm Tran Operating Fund 1340 to reconcile the budget to the
actual award amount.
Summary: Since June 1999, the AAA has contracted with
the County, through Palm Tran, to provide transportation services to senior
citizens who are clients of DOSS - Senior Citizens Wellness Programs and who
reside north of Hypoluxo Road. DOSS
clients residing south of Hypoluxo Road receive transportation from Mae
Volen. The previous contract with AAA
(R2013-1682) expired December 31, 2014. Under the terms of the new agreement,
the AAA will provide funds in the amount of $339,669 for Palm Beach County and
$22,491 for the City of Pahokee for a total of $362,160. The required local
match for Palm Beach County is $33,967 (10%) and is included in Palm Tran’s
budget. Pass through funds to the City
of Pahokee are exempt from the match requirement. Countywide (DR)
BB. YOUTH
SERVICES
1. Staff recommends
motion to approve: First
Amendment to the contract with For The Children, Inc.
(R2014-1978) to increase the original contract price by $100,158, for a new not
to exceed total of $240,158. SUMMARY: On December 16, 2014, the County entered into a contract with For the Children,
Inc. to administer the Youth Empowerment Center (YEC) in Lake Worth in the
amount of $140,000. The YEC has relocated
and certain renovations are needed.
Funds in the amount of $100,158 unexpended by the City of Lake Worth in
FY 2014 were carried over into the FY 2015 YEC budget and are available for
this purpose. This Amendment will provide For the Children, Inc. a total of
$240,158 to be used for the YEC on site renovations, start up costs, summer
programming and day-to-day operations. The City of Lake Worth is
providing the facility, utilities, and other related expenses. District 7 (HH)
2. Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, amending the County Administrative
Code to reflect the creation of the Youth Services Department, and providing an
effective date. Summary: The County
Administrative Code has been adopted by the Board as required by Section
125.87, Florida Statutes. The adopted County Administrative Code needs to be
updated to reflect the creation of the Youth Services Department. Countywide (HH)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Federally-Funded Subgrant Agreement in the amount of $346,828,
for the period of January 30, 2015, through December 31, 2015; and
B) approve a Budget Amendment in the amount of $346,828 in the Sheriff’s Grants
Fund.
SUMMARY: On February 6,
2015, the Palm Beach County Sheriff’s Office received a FY 2014 State Homeland
Security grant award from the State
of Florida, Division of Emergency Management.
These funds will be used for direct homeland security initiatives. There
is no match associated with this award. No
additional positions are needed and no additional County funds are required.
Countywide (JB)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Federally-funded Subgrant Agreement in the amount of $14,114,
for the period of January 30, 2015, through December 31, 2015; and
B) approve a Budget Amendment in the amount of $14,114 in the Sheriff’s Grants
Fund.
SUMMARY: On February 6,
2015, the Palm Beach County Sheriff’s Office received a FY 2014 State Homeland
Security grant award from the State
of Florida, Division of Emergency Management.
These funds will be used for direct homeland security initiatives. There
is no match associated with this award. No
additional positions are needed and no additional County funds are required.
Countywide (JB)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a donation from The Howard E. Hill
Foundation, Inc., in the amount, of $100,000 for the FY 2015 Gunfire Detection
and Location Project; and
B) approve a Budget Amendment of $100,000 in the
Sheriff’s Grants Fund.
SUMMARY: On February 10,
2015, the Palm Beach County Sheriff’s Office (PBSO) received a donation from The Howard E. Hill Foundation. The funds provided will be used by
PBSO for direct law enforcement activities. A budget amendment is needed to
acknowledge the donated funds. There is
no match requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide
(JB)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a High Intensity Drug Trafficking Area (HIDTA) Program grant in
the amount of $30,536 for the Palm Beach Narcotics Task Force, for the period
of January 1, 2015, through December 31, 2016; and
B) approve a Budget Amendment of $30,536 in the Sheriff’s Grants Fund.
SUMMARY: On December 15,
2014, the Palm Beach County Sheriff’s Office received an award from the Office of National Drug Control Policy. The
funds will be used for overtime reimbursement and other expenses 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 (JB)
5. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a U. S. Department
of Homeland Security Transportation Security Administration Grant for
continuation of Homeland Security Enforcement at the Palm Beach International
Airport, in the amount of $1,262,500, for the period of January 1, 2015,
through December 31, 2019; and
B) approve a Budget Amendment of $252,500 in the Sheriff’s
Grants Fund.
SUMMARY: The U.S. Department of Homeland Security
Transportation Security Administration (TSA) has awarded a Homeland Security grant to the Palm Beach County Sheriff’s
Office in the amount of $1,262,500 for a five years contract period. The
Budget Amendment covers funds for the first calendar year of the contract. Subsequent funding for future years will be
authorized through a TSA contract modification.
Grant funds will be used to offset the costs associated with the salary
and benefits of five deputies and the costs associated with the care of five
TSA canines. Reimbursable costs for this award include, but are not limited
to: Supplies, such as kennels, vet care,
vehicles, and dog food. The purpose of
this grant program is to provide maximum coverage during peak airport operating
hours and to maintain the ability to promptly respond to threats and suspected
threat explosive devices which affect air carrier operations. There is no match
requirement associated with this award. No additional positions are
needed and no additional County funds are required. Countywide
(JB)
MARCH 10, 2015
3. CONSENT
AGENDA APPROVAL
DD. WESTGATE/BELVEDERE
HOMES COMMUNITY REDEVELOPMENT AGENCY
1. Staff recommends
motion to approve: an Agreement with the Westgate Belvedere Homes
Community Redevelopment Agency (WCRA) in the amount of $167,000 for the period
of March 10, 2015, through December 25, 2015.
Summary: This Agreement will provide $167,000 in Federal
Community Development Block Grant (CDBG) contingency funds to complete the
second phase of the widening of the L2 Canal.
This project will improve storm water drainage in the Westgate area, and
represents a portion of the local match for a $1,116,317 grant secured from the
State for property acquisition, relocation of impacted residents and
construction work related to the widening of the canal. Implementation of the construction contract
is projected to create 27 jobs and have a one year Economic Sustainability
Impact of $3 Million. These are Federal CDBG funds which require no
local match. (DES Contract Development) District 7 (JB)
* * * * * * * * * * * *
MARCH 10, 2015
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, to be known as the Palm Beach County Petroleum Contamination Cleanup
Criteria Ordinance; amending Section 11-294 (ordinance supplemental to federal
and state law); amending Section 11-295 (Definitions); amending Section 11-296
(adoption of Florida Administrative Code by reference); amending Section 11-297
(Violations, Enforcement; Penalties); providing for repeal of laws in conflict;
providing for savings clause; providing for severability; providing for
inclusion in the code of laws and ordinances; providing for captions and
providing for an effective date. SUMMARY:
This Ordinance revises Countywide Ordinance No. 2009-018, which was
approved by the Board of County Commissioners (BCC) on July 21, 2009. The Ordinance is revised to replace reference
to Chapter 62-770, Florida Administrative Code (F.A.C.) which was repealed by
the Florida Legislature on June 12, 2013, with reference to Chapter 62-780,
F.A.C., which was adopted by the Florida Department of Environmental Protection
on February 4, 2014. Other than
amendments to correctly reference revised state rule nomenclature, there are no
material changes to the Ordinance. In accordance with PPM No.
CW-O-041 (Countywide Ordinances:
Applicability and Notification to Municipalities), the amended Ordinance
was presented to the Palm Beach County League of Cities on June 25, 2014 and
approved by the League’s General Membership on June 25, 2014. The preliminary
reading was approved by the BCC on February 3, 2015. Countywide (SF)
B. Staff
recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, to be known as the Palm Beach County Pollutant Storage Tank System
Compliance Ordinance; providing for a short title; applicability; authority; providing
a purpose; providing for definitions; providing that ordinance is supplemental to
federal and state law; providing for adoption of Florida Administrative Code by
reference; providing for violations; enforcement; penalties; providing for repeal
and replacement of Ordinance 2003-020; providing for repeal of laws of
conflict; providing for savings clause; providing for severability; providing for inclusion of the code of laws
and ordinances; providing for captions and providing for an effective date. SUMMARY:
This Ordinance
replaces Countywide Ordinance No. 2003-020, which was approved by the Board of
County Commissioners on May 20, 2003.
The previous Ordinance repeated state rules regarding pollutant storage
tanks. The proposed Ordinance
incorporate by reference, the pertinent state rules. There are no material changes which affect
the regulated community. The Ordinance
adopts State regulations for Underground and Aboveground Storage Tanks Systems
Regulations, Chapters 62-761 and 62-762, F.A.C. into a County ordinance
allowing existing language and future revisions by the State to be
automatically adopted by reference. The
most current amendments to Chapters 62-761 and 62-762, F.A.C., are incorporated
by reference. In
accordance with PPM No. CW-O-041 (Countywide Ordinances: Applicability and Notification to
Municipalities), the new Ordinance was presented to the Palm Beach County
League of Cities on June 25, 2014 and approved by the League’s General
Membership on June 25, 2014. The
preliminary reading was approved by the Board of County Commissioners on
February 3, 2015. Countywide (SF)
MARCH 10, 2015
4. PUBLIC
HEARINGS CONTINUED
C. Staff recommends
motion to approve:
Budget amendments and transfers in various funds reflecting adjustments for
balances brought forward, other revenues, reserves and operating expenses. The total of the adjustments is an increase
of $39,674,792 in 242 funds. SUMMARY:
These budget amendments and transfers are necessary to adjust FY 2015 budgets
to reflect differences between actual and estimated revenues and expenditures
of FY 2014. These amendments adjust the balances brought forward, various
revenue, expenditure and reserve accounts to their
audited balances. The proposed adjustments include $14,697,068 additional
reserves in the General Fund. This represents a 36% decrease from the average amount
placed in reserves over the last three years, which has ranged between $10,966,745 to $31,392,559. The adjustment is a result of:
·
($1,088,213)
net reduction in excess fees and commission refunds from Constitutional
Officers: Sheriff’s Office $84,424, Clerk and Comptroller $140,285, Supervisor
of Elections $875,195 Tax Collector ($2,827,429), Property Appraiser $639,312
and
·
$2,266,923
net additional Sheriff Revenue, and
·
$9,344,707
expenditures less than and revenues greater than originally estimated, and
·
$4,173,651
in other adjustments to reserves including $3,987,398 from closed out capital
project funding.
FY 2016 budget projections currently assume these additional reserves
will be carried forward to balance the annual budget. Countywide (PFK)
* * * * * * * * * * * *
MARCH 10, 2015
A. ADMINISTRATION
1. Staff recommends
motion to:
A) adopt a Resolution by the Board of County Commissioners of Palm Beach County,
Florida, recommending approval of Project Pisces, a company authorized to do
business in the State of Florida, as a Qualified Target Industry (QTI) business
pursuant to s.288.106, Florida Statutes; providing for local financial support for
the Qualified Target Industry Tax Program not to exceed $82,500; and
B) conceptually approve an Economic Development Incentive
for Project Pisces in the amount of $82,500 in the form of a Job Growth
Incentive Grant as a portion of the local match for a State QTI Grant; and
C) conceptually approve an Economic
Development Incentive for Project Pisces in the amount of $417,500 in the form
of a Job Growth Incentive Grant as a portion of a local match for the State
Quick Action Closing Fund.
Summary: Project Pisces is a corporate headquarters
expansion project that currently employs approximately 149 people at its
Riviera Beach facility. The company
plans to make a $6.5 Million capital investment on renovations and equipment,
create 275 new jobs over a three year period at an average annual wage of
$57,500, excluding benefits, and retain its 149 existing jobs. The company will be required to maintain the
new and retained jobs for a period of five years.
It is anticipated that the State of Florida
will provide $825,000 in the form of a Qualified Target Industry Tax Refund
(QTI) which includes a required 20% local match of $165,000 which will be split
equally between the County ($82,500) and the City of Riviera Beach ($82,500).
Additionally, Enterprise Florida will also be recommending that the company
receive $3 Million under the Quick Action Closing Fund (QACF) and will request
a local match of $417,500 from the County, and $167,500 from the City of
Riviera Beach. The JGI Grants, which
will be paid over a period of six years, will be secured by a Letter of Credit,
Bond, Corporate Guarantee or equivalent.
The company will be required to enter into a formal agreement
memorializing their commitments and establishing criteria for funding
distribution. At such time the company
name will be disclosed. The five year
local economic impact is estimated to be $339 Million. Funding for the Job Growth Incentive Grant
will come from General Fund Contingency Reserves. District 7 (JB)
MARCH 10, 2015
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
2. 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
Diamond, a company authorized to do business in the State of Florida, as a
Qualified Target Industry (QTI) business pursuant to s. 288.106, Florida
Statutes; providing for local financial support for the Qualified Target
Industry Tax Refund with High-Impact Sector bonus in an amount not to exceed
$532,000; and providing for an effective date; and
B) conceptually
approve local
financial support for the Quick Action Closing Fund in an amount not to exceed
$2,468,000; and
CB)
conceptually approve an
Economic Development Incentive for Project Diamond in the form of an Ad Valorem
Tax Exemption over ten (10) years, in an amount not to exceed $3 Million, as
the local financial support for the State’s Qualified Target Industry Tax
Refund ($532,000) and Quick Action Closing Fund ($2,468,000) programs.
Summary: Project Diamond is a subsidiary and regional managing office project
locating in Palm Beach County with a $115 Million capital investment, which the
Regional Economic Model estimates will have a five (5) year local economic
impact of $662.4 Million. The company
plans to create 450 new jobs at an average annual wage of $85,000, and will be
required to maintain the new jobs in Palm Beach County for a five (5) year
period. It is anticipated that the State
of Florida will provide $2.66 Million in the form of a Qualified Target
Industry Tax Refund (QTI) with High-Impact Sector Bonus, and $4.9 Million from
the Quick Action Closing Fund (QACF), which includes the local financial support. The local match from Palm Beach County will
be provided in the form of an Ad Valorem Tax Exemption in an amount not to
exceed $3 Million over a period of ten (10) 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 terms under which the local
match will be provided. At such time the
company name will be disclosed. Other
states under consideration by the company include North Carolina and Georgia. Countywide
(JB)
MARCH 10, 2015
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to:
A) approve on preliminary reading and advertise for
public hearing on April 21, 2015, at 9:30 AM: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, pertaining
to the posting of kratom warning signs; providing for definitions; providing
for general requirements, providing for enforcement; providing for
severability; providing for repeal of laws in conflict; providing for inclusion
in the code of laws and ordinances; providing for captions, providing for
applicability; and providing for an effective date; and
B) authorize the County
Administrator or his designee to execute an agreement with the Palm Beach
County Substance Awareness Coalition in an amount not to exceed $25,000
annually to implement kratom prevention and education strategies and to produce
and distribute kratom warning signs for business establishments required to
post the signs under the adopted ordinance.
SUMMARY:
On December 2, 2014, the Board of County
Commissioners directed staff to develop an ordinance requiring warning signs in
business establishments where the plant substance kratom, also known as
Mitragyna speciosa, and kratom containing products are used or sold. Additionally, staff was directed to proceed
with the development of a prevention and education program to ensure that consumers
are aware of the potentially harmful effects associated with the use or
consumption of kratom. Staff has
prepared an ordinance modeled after the Posting of Underage Drinking Signs
Ordinance and is recommending that the Palm Beach County Substance Awareness
Coalition, a local non-profit agency, implement the prevention and education program
and produce and distribute the signs to businesses subject to regulation under
the ordinance. A copy of the Substance Awareness Coalition proposal is attached
to the Agenda Item. Unincorporated (JB)
MARCH 10, 2015
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
4. REVISED SUMMARY: Staff
recommends motion to approve:
A) a Budget Transfer
of $5,000,000 from reserves in the 1st Cent Tourist Local Option Tax Fund to
increase the Public Building Improvement transfer line;
B) a Budget Amendment of $5,000,000 in
the Public Building Improvement Fund recognizing the transfer from the 1st Cent
Tourist Local Option Tax Fund and establishing a project budget;
C) an Access Agreement with the City of
West Palm Beach, a municipal corporation (City) granting County access to
City-owned property located between Military Trail and Haverhill Road (Property)
to enable pre-purchase due diligence evaluation and testing of the Property;
and
D) contingent on the City approving the
Access Agreement on March 16, 2015, a Due Diligence and Planning
Services Agreement with HW Spring Training Complex, LLC, a Florida
Limited Liability Company (the “LLC”), authorizing the LCC to perform and be
paid for preconstruction evaluation and testing of the Property.
SUMMARY: The Access
Agreement and the Due Diligence and Planning Services Agreement (collectively
Agreements) act as precursors to the Interlocal Agreement, Developer and Sports
Facility Use Agreements (collectively Operative Agreements) contemplated by the
material term sheet which was approved by the City and the County on February 2nd , 2014 and 3rd,
2014 2015 respectively. The Agreements are necessary in order to
gather the information needed for the City, County and the LLC to negotiate the
Operative Agreements in a timeframe which is consistent with the Teams’ intent
to open the new facility for the 2017 spring training season. The Access
Agreement identifies the purposes and terms under which the City will allow
access to the Property, by which the County may begin to submit permit and
development applications to regulatory agencies and allows for pre-Interlocal
Agreement land reclamation activities. The Due Diligence and Planning Agreement:
1) assigns all of the County obligations under the Access Agreement to the LLC;
2) identifies the terms under which the LLC can proceed with land reclamation
and design activities prior to the Operative Agreement being executed; and 3)
the terms under which the County will fund these activities through the project
budget. The Due Diligence and Planning Agreement
also requires that the LLC reimburse the County for all expenses paid in the
event that the Operative Agreements are never executed (project does not move
forward). (Administration) Countywide/District
7 (HF/MJ)
MARCH 10, 2015
5. REGULAR
AGENDA
B. COUNTY
ATTORNEY
1. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, amending Resolution No. R2009-0472, as amended by Resolution No. R2009-2171, Resolution No. R2011-1101, and Resolution No. R2012-1043, approving revisions to the Investment Policy and providing for an effective date. SUMMARY: On January 28, 2015, the County Investment Policy Committee recommended the following five amendments be made to the County Investment Policy: (a) removing the Local Government Surplus Funds Trust Fund and shares of funds created by the Florida Local Government Investment Trust as eligible securities and replacing them with any intergovernmental investment pool authorized by section 163.01, Florida Statutes, and limiting such investments to no more than 20% with any entity; (b) limiting investments in Small Business Administration pools to no more than 20% (at market value) of the total portfolio at the time of purchase; (c) revising the duration of State of Israel bonds purchased as eligible securities to such bonds having a maturity of five years or less, and revising to 3% the maximum amount of the total portfolio at the time of purchase that may be invested in such securities; (d) revising the standard for issuers of certificates of deposit to those issuers having a quarterly average ranking of at least 50 as published by Florida’s Chief Financial Officer in conjunction with the Florida public deposits program; and (e) providing that the sale or purchase of securities by the Clerk will take into consideration rebalancing objectives of the current strategy as discussed at Clerk Internal Investment Policy Committee meetings. Countywide (PFK)
2. Staff recommends
motion to approve: Contract for Professional Legal Services with
Gordon & Doner, P.A., for legal services relating to personal injury
protection (PIP) insurance claims for Fire Rescue emergency transport services.
This agreement shall be for a three (3) year term commencing April 1, 2015. No
payment shall be made by County; however the law firm may retain attorney's
fees and costs in related PIP litigation. SUMMARY: Pursuant to Board direction, the County
Attorney’s Office issued a Request for Proposals for legal counsel services
relating to personal injury protection (PIP) insurance claims for Fire Rescue
emergency transports. Four proposals were received, two of which were deemed to
be responsive to the RFP requirements. A five member Selection Committee
evaluated the two responsive proposals and unanimously recommended that the
contract be awarded to the law firm of Gordon & Doner, P.A. The Contract is for a three year term with
two one-year renewal options. To maximize the recovery of PIP benefits from
insurers for Fire Rescue emergency transports, the law firm will coordinate
their services with those of the billing company that was selected in a
separate RFP for Fire Rescue emergency transport third-party billing services. Countywide
(SB)
MARCH 10, 2015
5. REGULAR
AGENDA
B. COUNTY
ATTORNEY
3. ADD-ON: Staff
recommends motion to approve: a Temporary Operating Agreement (TOA) between
the County and Rasier, LLC, a subsidiary of Uber Technologies, Inc. (Uber)
allowing Uber to operate as a vehicle-for-hire company in Palm Beach County. SUMMARY: The TOA sets forth the terms and
conditions that Uber agrees to comply with in order to operate in Palm Beach
County. The agreement includes
insurance, background checks, driver history reports and standards, and vehicle
safety requirements, as well as other provisions, including the payment of
$15,000 to the County for administration and enforcement costs related to the
TOA. Countywide (DN)
MARCH 10, 2015
5. REGULAR
AGENDA
C. ENGINEERING & PUBLIC WORKS
1. Staff recommends motion to approve: the repurchase of lands for the future realignment and extension of Seminole Pratt Whitney Road from the South Florida Water Management District (SFWMD) in the amount of $1,379,840, and direct staff to take whatever steps are required to complete the repurchase. SUMMARY: Approval of this repurchase will restore previously owned right-of-way for the future realignment and extension of Seminole Pratt Whitney Road, as provided in Section 19.7 of the Sale and Purchase Agreement with SFWMD approved on October 22, 2013 and referenced in R2013-1514. Funding is available from a previously approved line item in the Five Year Road Program. District 1 (MRE)
D. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: First
Amendment to Lease Agreement (R2009-1281) with FUCMT 2001-C4 Seminole Road, LLC
(FUCMT) for the continued use of 4,050 SF in the Grove Market Shopping Center
in unincorporated Loxahatchee for Fire Rescue temporary Station No. 22 at an
annual rental rate of $78,975 ($19.50/SF).
SUMMARY: Since January 2002, the Fire Rescue
Department has operated its temporary Station No. 22 out of office space within
the Grove Market Shopping Center (Center) at 5060 Seminole Pratt Whitney Road
in unincorporated Loxahatchee. The most
recent Lease Agreement dated August 18, 2009, (R2009-1281), was with FWI 20,
LLC, and expired September 30, 2014. In
July 2012, while Staff was negotiating a rent reduction with FWI 20, the Center
fell into foreclosure. When FUCMT became the current Center owner, Staff
resumed negotiations. This First
Amendment: i) documents FUCMT as the new owner; ii)
retroactively extends the term from October 1, 2014 to May 24, 2019; iii) decreases the Annual Rent
effective October 1, 2014, from what would have been $141,748 ($35.00/SF) to $78,975 ($19.50/SF); iv) decreases the annual rent adjustments from
3.5% to 3%; v) requires the payment of
Operating Expenses (estimated at $648/year); vi) updates the insurance and Notice provisions;
and vii) incorporates disclosure of
beneficial interests, Inspector General and non-discrimination
requirements. Property and Real
Estate Management will continue to have administrative responsibility for this
Lease. (PREM) District 6 (HJF)
MARCH 10, 2015
5. REGULAR
AGENDA
E. ECONOMIC SUSTAINABILITY
1. Staff recommends motion to adopt: a Resolution of the
Board of County Commissioners of Palm Beach County, Florida approving the
issuance by the Palm Beach County Health Facilities Authority of that
Authority's Revenue Bonds, in one or more series, of which not to exceed
$55,000,000 will be issued for the purpose of providing funds to make a loan to
Lifespace Communities, Inc. to refinance certain facilities in Palm Beach
County, Florida; and providing for an effective date. Summary: The Palm Beach
County Health Facilities Authority (PBCHFA) was created pursuant to Chapter
154, Florida Statutes and by Ordinances 77-379 and 77-398 enacted by the Board
of County Commissioners (Board) in 1979.
The PBCHFA is governed by a five member governing body whose members are
appointed by the Board. A portion of the
proceeds of the Bonds will be used to refinance (i) the PBCHFA’s Revenue Bonds,
Series 2007 (The Waterford Project), which were used to finance and refinance
certain improvements to the life care retirement community of Lifespace
Communities, Inc., known as The Waterford located at 601 Universe Boulevard in
Juno Beach, and (ii) a portion of the Kansas Development Finance Authority’s
Revenue Bonds (Lifespace Communities, Inc.), Series 2013C Bonds, which were
used to finance certain improvements to the life care communities of Lifespace
Communities, Inc. known as Abbey Delray South, at 1717 Homewood Boulevard in
Delray Beach, and Harbour’s Edge, at 401 East Linton Boulevard in Delray
Beach. Approval by an elected body is
required by the Internal Revenue Code; however, adoption of this Resolution
does not in any way obligate the County.
Neither the taxing power nor the
faith and credit of the County, nor any County funds, shall be pledged to pay
the principal, premium, if any, or interest on the Bond. District 1 (PFK)
* * * * * * * * * * * *
MARCH 10, 2015
A. ADMINISTRATION
(Florida Atlantic Research & Development Authority)
1. Staff recommends
motion to approve: appointment
of one individual to the Florida Atlantic Research & Development Authority
for the term March 10, 2015 to February 28, 2019:
Nominee Seat No. Seat Requirement Nominated by:
Reappoint
Michael
I. Daskal 3 Employed
in the private sector/ Vice
Mayor Berger
Resident of Palm Beach County Comm. Valeche
Comm. Abrams
OR
Appoint
Gary
D. Strother 3 Employed
in the private sector/ Comm.
Taylor
Resident
of Palm Beach County
SUMMARY: Per Ordinance No. 85-32, the Florida Atlantic Research & Development Authority (Authority) is comprised of seven members: three members are appointed at-large by the Palm Beach County Board of County Commissioners (BCC); three are appointed by the Broward County Board of County Commissioners; and the President of Florida Atlantic University or his designee is a permanent member. Mr. Daskal has served on the Florida Atlantic Research & Development since May 2007 and has expressed an interest in serving for another four year term. A memo dated December 23, 2014, was distributed to the BCC notifying them of the term expiration and requesting support for Mr. Daskal’s reappointment or new nominations. One additional nomination (Gary D. Strother) was received. Countywide (DW)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 10, 2015
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MARCH 10, 2015
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MARCH 10, 2015
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA, MAYOR
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER MARY LOU BERGER, VICE MAYOR
F. District
6 - COMMISSIONER MELISSA MCKINLAY
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
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."
[C1]Redundant given the title of the Master Contract