June 23, 2015 – 9:30 A.M.

FINAL

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 23, 2015

 

PAGE             ITEM

 

31                    5F-3                ADD-ON: Staff requests Board direction: concerning the Consent to Use (Consent) which is intended to facilitate the construction of an approximately 250,000 sf state of the art building by Carrier Corporation (Carrier), an affiliate of United Technologies Corporation (UTC), to serve as an international showcase to demonstrate new building technologies for security, fire safety, building automation, heating, ventilation, air conditioning, elevator, escalator and refrigeration systems (the Center).  If the Board approves the Consent as drafted, it will be contingent upon execution by all other beneficiaries including Kolter (KH Alton), the City of Palm Beach Gardens, the State of Florida and the Scripps Research Institute.  Summary:  On April 7, 2015, the Board of County Commissioners directed staff to negotiate a legal document that provides for the following: (1) the release of a Declaration of Covenants (Declaration) on a 30 acre parcel within the Briger property currently owned by the Kolter Group to facilitate the construction of the Center; (2) that the release does not impact the future development of bioscience and related use on the remaining 70 acres of the restricted property; and (3) that the construction of the Center shall equate to 30% of the 100 acre property having been developed for biotech uses for the purposes of extending the restriction on the remaining 70 acres until February 6, 2026.  Staff concerns are that:  Carrier insists the Consent release the restriction once the property has been conveyed to Carrier and a building permit for the foundation and shell have been issued for an approximately 250,000 sf building to be known as the “UTC Center for Intelligent Buildings”. It is staff’s recommendation that the restriction be released once a Certificate of Occupancy is received for the Center and operations begin, which guarantees that the Center will be constructed and commence operations prior to release of the restriction. With respect to allowed uses, Carrier will not limit the uses to the construction of the proposed Center, but desires for much broader uses including any type of buildings that facilitates research, development and showcases intelligent building technologies, designs and services, and for high technology business and operation uses. Staff would also like more detail in the Consent regarding the Center and what specifically will be built. District 1 (JM/HF) (Admin)

 

 

 

 

 

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


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JUNE 23, 2015

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL

 

A.        Additions, Deletions, Substitutions

B.        Adoption

 

3.         CONSENT AGENDA (Pages 6 - 23)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 24 - 25)

 

5.         REGULAR AGENDA (Pages 26 - 32)

 

6.         BOARD APPOINTMENTS (Page 33)

 

7.         STAFF COMMENTS (Page 34)

 

8.         COMMISSIONER COMMENTS (Page 35)

 

9.         ADJOURNMENT (Page 35)

 

 

 

 

* * * * * * * * * * *

 

JUNE 23, 2015

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 6

            3A-1    Appointment to the South Florida Regional Transportation Authority

            3A-2    Appointments to the CareerSource Palm Beach County, Inc. Youth and Young Adult Outreach Committee (Youth Council)

Page 7

            3A-3    Payment for participation in the Florida Neighborhoods Conference

 

B. CLERK & COMPTROLLER

Page 7

            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 7

            3C-1   First Amendment to the survey and mapping annual contract with Caulfield & Wheeler, Inc.

 

D. COUNTY ATTORNEY

Page 8

            3D-1   Settlement Agreement in Bruce McDonald vs. Palm Beach County (Case No. 502014CA004287XXXXMB AB)

            3D-2   Amendment No. 5 to the Agreement with the law firm of Squire Patton Boggs (US) LLP

            3D-3   Amendment No. 6 to the Agreement with the law firm of Bryant Miller Olive P.A.

            3D-4   Amendment No. 5 to the Agreement with the law firm of Locke Lord LLP

            3D-5   Receive and file official transcript for the Florida Revenue Refunding Bonds, Series 2015 closing

 

E. COMMUNITY SERVICES

Page 9

            3E-1    Ratify the Mayor’s signature on Modification No. 1 to the Florida Department of Economic Opportunity Community Services Block Grant Program Agreement

            3E-2    Contract for Provision of Ryan White Part A HIV Health Support Services with the AIDS Healthcare Foundation, Inc.

 

F. AIRPORTS

Page 9

            3F-1    Receive and file an Extension of Time to the Joint Participation Agreement with the Florida Department of Transportation relating to terminal apron rehab and taxilane construction

Page 10

            3F-2    Drainage Agreement with Closter Farms, Inc. for water drainage services

            3F-3    Amendment No. 3 to the Professional Services Agreement with Corgan Associates, Inc. related to the Baggage Handling System Improvements

            3F-4    Airport Ground Transportation Concession Agreement with SE Florida Transportation, LLC for on-demand ground transportation services

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET  -  None

 


JUNE 23, 2015

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 11

            3H-1   Contracts with three firms to provide mechanical, electrical, plumbing engineering services on an annual basis

            3H-2   Contract with Ralph Della-Pietra, Inc. for renovation and expansion of the concession area at the Okeeheelee Golf Clubhouse

            3H-3   Receive and file the first option to extend the term of the Concessionaire Service Agreement with Kayak-King Watersports, Inc.

Page 12

            3H-4   Resolution approving Lease Agreement with The Center for Youth Activities, Inc. for use of building in Boca Veterans Park

 

I. ECONOMIC SUSTAINABILITY

Page 12

            3I-1     Amendment No. 1 to an Agreement with Riviera Beach Community Redevelopment Agency for additional funding and to extend the project deadline

Page 13

            3I-2     Amendment No. 2 to an Agreement with the City of Lake Worth for additional funding and extend the project deadline

 

J. PLANNING, ZONING & BUILDING

Page 13

            3J-1    Reappointment to the Planning Commission

Page 14

            3J-2    Appointment to the Building Code Advisory Board

 

K. WATER UTILITIES

Page 14

            3K-1    Temporary License Agreement with the Seminole Improvement District

Page 15

            3K-2    Revised Standard Agreement for Emergency Generator Purchase, Operation, and Maintenance

            3K-3    Contract with Florida Design Drilling Corporation for the Water Treatment Plant 11 Floridan Aquifer Wells Rehabilitation Project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 16

            3L-1    Receive and file one Work Supplement and three Work Orders relating to various restoration projects

Page 17

            3L-2    Grant Agreement No. 15PB3 with the Florida Department of Environmental Protection relating to the Ocean Ridge Beach Nourishment project

 

M. PARKS & RECREATION

Page 17

            3M-1   Receive and file one Tee Time Advertising and Sales Agreement

Page 18

            3M-2   Receive and file a grant from the National Recreation and Park Association to support out-of-school time programs

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

Page 19

            3M-4   Receive and file two Entertainment Contractor Agreements

            3M-5   Receive and file two Independent Contractor Agreements

 

N. LIBRARY  -  None

 

 

JUNE 23, 2015

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

P. COOPERATIVE EXTENSION SERVICE

Page 20

            3P-1    Fifth Amendment to the Agreement with Friends of the Mounts Botanical Garden, Inc. relating to funding of a horticulturist position

 

Q. CRIMINAL JUSTICE COMMISSION

Page 20

            3Q-1   Ratify the Mayor’s signature on the Second Chance Act Technology-Based Career Training Program for Incarcerated Adults and Juveniles FY 2015 Competitive Grant Application to the U.S. Department of Justice

 

R. HUMAN RESOURCES  -  None

 

S. FIRE RESCUE

Page 21

            3S-1    Receive and file one Interlocal Agreement for swimming lessons

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES  -  None

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY  -  None

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT

Page 21

            3Z-1    Receive and file one Contract for Consulting/Professional Services with Concept EFL Imaging Center, LLC for chest x-tray examination and evaluation services

 

AA. PALM TRAN  -  None

 

BB. YOUTH SERVICES

Page 21

            3BB-1 Receive and file two Contracts for Professional Services with Doctoral Psychology Interns

 

CC. SHERIFF

Page 22

            3CC-1            Receive and file a Supplemental Award and Extension Letter amending a 2013 Urban Area Security Initiative Grant

            3CC-2            Acceptance of a Law Enforcement Terrorism Prevention Program Grant for the Region 7 MetaData Planner/Information Sharing Project

Page 23

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

 


JUNE 23, 2015

 

TABLE OF CONTENTS

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

Page 24

            4A       Resolution authorizing a land exchange with the Pond Cypress Natural Area

            4B       Road Program Findings of Fact and adopt an Ordinance establishing an amended Five Year Road Program

Page 25        

            4C       Palm Beach County Solicitation and Distribution on Public Roads Ordinance

            4D       Animal Care and Control Ordinance amendment of Palm Beach County Code, Chapter 4

 

 

REGULAR AGENDA

 

ECONOMIC DEVELOPMENT

Page 26

            5A-1    Resolution approving the issuance of Housing Finance Authority Multifamily Housing Revenue Bonds (New South Bay Villas)

            5A-2    Resolution approving issuance of Housing Finance Authority Multifamily Housing Revenue Bonds (Village at the Park)

 

FACILITIES DEVELOPMENT & OPERATION

Page 27

            5B-1    Resolution authorizing First Amendment to the Concessionaire Service Agreement with Little Deeper Charters, Inc. relating to concession at Phil Foster Park

 

INFORMATION SYSTEMS SERVICES

Page 27

            5C-1   Standard Interlocal Agreement for ISS support services provided to municipalities and special taxing districts

 

            PUBLIC SAFETY

Page 28

            5D-1   Resolution adopting a schedule of fees and fines for the Division of Animal Care & Control

 

            PLANNING, ZONING & BUILDING

Page 28

            5E-1    Amendments to the Florida Building Code

 

ADMINISTRATION

Page 29

            5F-1    Economic Development Incentive for Project Bruin

Page 30

            5F-2    Economic Development Incentive for Project Fan

 

BOARD APPOINTMENTS  (Page 33)

 

STAFF COMMENTS  (Page 34)

 

COMMISSIONER COMMENTS (Page 35)

 

ADJOURNMENT (Page 35)

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: appointment of the following individual to the South Florida Regional Transportation Authority (SFRTA) for a term of four years, beginning July 1, 2015 and ending June 30, 2019:

 

Nominee                     Seat No.          Seat Requirement                              Nominated by:

F. Martin Perry                  4                 Palm Beach County Resident with       Mayor Vana

                                                            Business or Civic Interest                    Vice Mayor Berger

Comm. Valeche

Comm. Burdick

Comm. Abrams

Comm. McKinlay

 

SUMMARY: The SFRTA was created pursuant to Section 343.53, Florida Statutes. The SFRTA is comprised of ten voting members: one county commissioner each from Miami-Dade, Broward and Palm Beach counties; one citizen member (business/civic interest) from each of the three counties; the secretary of the Department of Transportation; and three citizens of the three counties selected by the Governor.  On May 8, 2015, staff distributed a memo to the Board of County Commissioners requesting support for the appointment of Mr. Perry or requesting additional nominees for consideration.  The Commissioners noted above support the appointment of Mr. Perry. No other nominations were received. Countywide (DR)

 

 

2.         Staff recommends motion to approve: the following appointments to the CareerSource Palm Beach County, Inc. (CareerSource) Youth and Young Adult Outreach Committee (Youth Council) for the period June 27, 2015, through June 26, 2018:

 

Nominee/

Appointment

Seat No.

         Nominated By

Dr. Mel Coleman

1

Nova Southeastern University

Genifer J. Johnson

2

CareerSource Palm Beach County, Inc.

Eduardo Gruvman

3

Nutrition S’Mart

Peter Licata

4

School District of Palm Beach County, Inc.

Dr. Barbara Gerlock

5

Circuit 15 Juvenile Justice Board

Dorothy Ellington

7

Delray Beach Housing Authority

Steven Parrish

11

CareerSource Palm Beach County, Inc.

James Green

13

Palm Beach County Youth Services Department

 

Summary: The membership of the CareerSource Youth Council conforms to the requirements of the Workforce Investment Act (WIA) of 1998, WIA 117(h)(1)-(3) and 20 CFR 661.335 and the Workforce Innovation Act of 2000. Per WIA there shall be established, as a subgroup within each local board, a Youth Council appointed by the local board. The Workforce Accountability Act, 445 F.S. approved by the Florida Legislature effective July 1, 2012, requires that CareerSource establish a Youth Council subject to the approval of the Palm Beach County Board of County Commissioners as Chief Elected Official. The CareerSource Youth Council is comprised of 16 members recommended by the CareerSource Board of Directors with representatives appointed in accordance with WIA. These eight individuals were approved by the CareerSource Executive Committee at its June 5, 2015, meeting and by the CareerSource Board of Directors at its June 18, 2015, meeting. Countywide (JB)
 

JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 
3.         Staff recommends motion to approve: payment in an amount not to exceed $6,500 for participation in the Florida Neighborhoods Conference to be held on July 10 and 11, 2015 at the Town of Jupiter Community Center, Jupiter, Florida. SUMMARY: The Office of Community Revitalization (OCR) is participating with the Town of Jupiter and the Florida Neighborhoods Conference, Inc. Board of Directors with the assistance of the Florida Neighborhoods Conference (NFC) State Planning Committee, to present the 19th Annual Florida Neighborhoods Conference. This is the First Annual Florida Neighborhoods Conference held in Palm Beach County. More than 250 individuals- representing hundreds of local governments, homeowners associations, civic groups and neighborhood organizations from around the State of Florida are expected to be at the conference.  The County will contribute $6,500 to participate in, and serve as a sponsor for the conference.  Payment will be made on or before June 30, 2015 to Florida Neighborhoods Conference, Inc., the fiscal agent for the conference. The conference will provide community residents with an opportunity to learn about, share, and collaborate with others in the implementation of successful strategies used throughout the state to build stronger communities. Countywide (AH)

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to approve:  Warrant List.

 

 

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

 

Meeting Type                      Meeting Date

Zoning                                   April 23, 2015

Regular                                  May 5, 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 December 2014. Countywide

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: the First Amendment to the survey and mapping annual contract R2014-1014 with Caulfield & Wheeler, Inc. (Consultant), whose original contract was dated July 22, 2014.  SUMMARY:  Approval of this First Amendment to the survey and mapping annual contract will extend the required professional services for one year, on a task order basis.  This amendment with the Consultant will extend the contract expiration date from July 21, 2015 to July 21, 2016. This Amendment is the first renewal of two possible one year renewals contemplated in the original contract.  No work has been authorized under this contract for the past year. The Consultant is a Palm Beach County company and is certified as a Small Business Enterprise. Countywide (MRE)

 

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $80,000 in the personal injury action styled, Bruce McDonald vs. Palm Beach County, Case No. 502014CA004287XXXXMB AB.  SUMMARY:  This accident occurred on January 16, 2013, on the Palmetto Park Bridge in Boca Raton.  Plaintiff was riding his bicycle over the bridge when saw a gate arm start to descend.  The gate briefly stopped its descent and plaintiff incorrectly assumed the bridge tender saw him.  The gate completed its descent and struck plaintiff in the head.  Plaintiff was transported to a local emergency room.  He treated with several doctors and was diagnosed with neurological injuries.  Past medical bills total $32,278 and future medical bills may exceed $100,000.  Staff, including the Risk Management Roundtable Committee, concurs that this settlement is in the best interest of Palm Beach County. Countywide (SCL)

 

 

2.         Staff recommends motion to approve: Amendment No. 5 to the Agreement (R2010-1222) with the law firm of Squire Patton Boggs (US) LLP (formerly known as Squire Sanders (US) LLP) (Attorney), to provide disclosure counsel and related legal services for the not-to-exceed $135 Million Baseball Stadium Bonds, Series 2015 (the “Bonds”). SUMMARY: The Attorney was selected as disclosure counsel for the Bonds by the County Financing Committee at the May 19, 2015 meeting.  This Amendment No. 5 confirms that selection by amending the existing Agreement for disclosure counsel and related legal services between Palm Beach County and the Attorney.  Payment for the legal services in connection with the bond issuance will be as provided for in the Agreement. Countywide (PFK)

 

 

3.         Staff recommends motion to approve: Amendment No. 6 to the Agreement (R2010-1219) with the law firm of Bryant Miller Olive P.A. (Attorney), to provide bond counsel and related legal services for the $19 Million Max Planck Grant Funding Bonds, Series 2015 (the “Bonds”).  SUMMARY:  The Attorney was selected as bond counsel for the Bonds by the County Financing Committee at the May 19, 2015 meeting.  This Amendment No. 6 confirms that selection by amending the Agreement for bond counsel and related legal services between Palm Beach County and the Attorney.  Payment for the legal services in connection with the bond issuance will be as provided for in the Agreement. Countywide (PFK)

 

 

4.         Staff recommends motion to approve: Amendment No. 5 to the Agreement (R2010-1324) with the law firm of Locke Lord LLP (formerly known as Edwards Wildman Palmer LLP) (Attorney), to provide bond counsel and related legal services for the not-to-exceed $135 Million Baseball Stadium Bonds, Series 2015 (the “Bonds”).  SUMMARY: The Attorney was selected as bond counsel for the above financing by the County Financing Committee at the May 19, 2015 meeting.  This Amendment No. 5 confirms that selection by amending the existing Agreement for bond counsel and related services between Palm Beach County and the Attorney.  Payment for the legal services in connection with the bond issuance will be as provided for in the Agreement. This Amendment also revises provisions in the Agreement to comply with current County policies.  Countywide (PFK)

 

 

5.         Staff recommends motion to receive and file:  the official transcript for the closing of the $63,635,000 Palm Beach County, Florida Revenue Refunding Bonds, Series 2015 (the “Bonds”).  SUMMARY: The official transcript for the Bonds has been provided.  This transcript should now be received and filed in the Minutes Department.  Countywide (PFK)


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on Modification No. 1 to Florida Department of Economic Opportunity Community Services Block Grant Program (CSBG) Agreement No. 15SB-0D-10-60-01-021 (R2015-0141), for the period October 1, 2014, through September 30, 2015, increasing the grant amount by $262,169 for a new total amount not to exceed $1,053,480, to provide self sufficiency services to low income individuals and families; and

 

B) approve Budget Amendment of $262,169 in the Community Action Program (CAP) fund to reconcile the budget to the grant award.

 

Summary: Modification No. 1 will incorporate adjusted funds of $183,669 and carryover funds of $78,500 for an amended CSBG allocation of $1,053,480.  The additional funding will enable CAP to provide employment skill training, entrepreneur training, emergency and self-sufficiency services to additional low income families.  No County match funds are required for the CSBG grant. (Community Action Program) Countywide (HH)

 

 

2.         Staff recommends motion to approve: Contract for Provision of Ryan White Part A HIV Health Support Services with the AIDS Healthcare Foundation, Inc., for the period March 1, 2015, through February 29, 2016, in an amount not to exceed $91,329, to provide certain services for the health and support of persons with HIV Spectrum Disease.  Summary:  A notice of grant award was received on February 6, 2015, from the U.S Health and Human Services Health Resources Services Administration (HRSA), issuing a partial award in the amount of $5,975,290 in Formula, Supplemental and Minority AIDS Initiative funding.  An additional grant award will be issued at a later date.  This Contract is being funded based on level funding from the prior grant year.  The Contract will be amended and the budget will be aligned once the final notice of award has been received.  This agency is selected and recommended for contracting through the Request for Proposal (RFP) process.  The Contract covers services for HIV affected clients including early intervention services, outpatient/ambulatory medical care and laboratory diagnostic testing.  No County funds are required. (Ryan White) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file: an Extension of Time to the following Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT).  Terminal Apron Rehab & Taxilane Construction at Palm Beach County Glades Airport, Financial Project Number 422481-1-94-01 approved by the Board on August 16, 2011 (R2011-1159), amended September 10, 2013 (R2013-1145) and June 3, 2014 (R2014-0766), is hereby extended until June 30, 2016. SUMMARY: Delegation of authority for execution of the above Extension of Time to the JPA with the FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide (AH)

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve: a Drainage Agreement (Agreement) with Closter Farms, Inc., (Closter) for water drainage services for County facilities located on State Road 715 in Pahokee, commencing April 2, 2015, for payment of $6,959.40 annually. SUMMARY: The Agreement enables the County to drain excess water from the Palm Beach County Glades Airport (Airport, 210.62 acres), the West County Pahokee Animal Care & Control Facility (AC&C Facility, 2.00 acres), and Duncan Padgett Park (Park, 19.36 acres) (collectively, the County Facilities, totaling 231.98 acres) onto Closter’s adjacent farmland, for payment of an annual fee of $30 per-acre for a total of $6,959.40. The initial term of the agreement is five years with one five-year renewal. Countywide (HJF)

 

 

3.         Staff recommends motion to approve:  Amendment No. 3 to the Professional Services Agreement with Corgan Associates, Inc. related to the Baggage Handling System Improvements at Palm Beach International Airport (PBIA) to amend the contract to include updated federal non-discrimination requirements. SUMMARY: The Professional Services Agreement (R2012-1241) with Corgan Associates, Inc. for professional planning, design and engineering services was approved on September 11, 2012 in the amount of $1,491,800.  Approval of Amendment No. 3, with no additional funding, will modify Article 21 – Non-Discrimination in the existing agreement to include federal non-discrimination requirements, thereby ensuring compliance with such. Countywide (JCM)

 

 

4.         Staff recommends motion to approve: Airport Ground Transportation Concession Agreement (Agreement) with SE Florida Transportation, LLC, a Florida limited liability company (Concessionaire), for on-demand ground transportation services at the Palm Beach International Airport (PBIA), commencing on October 1, 2015 and expiring on September 30, 2018, with one two-year option to renew, and providing for payment of monthly concession fees equal to the greater of $15,000 or $0.1440 per deplaned passenger. SUMMARY: The Agreement provides for on-demand taxi, sedan and shared-ride services to arriving passengers at PBIA. The initial term of the Agreement is three years with one two-year renewal at the County’s option. The amount of concession fees to be paid each month is the greater of the minimum monthly guarantee of $15,000 or a per capita charge based on the number of deplaned passengers. Concessionaire proposed a per capita charge of $0.1440 per deplaned passenger, which is a more than 60% increase over the current per capita charge of $0.0885. The Airport Concession Disadvantage Business Enterprise (ACDBE) contract goal was 14%. Concessionaire has committed to ACDBE participation of 30%. Countywide (AH)

 

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Contracts with three firms to provide mechanical, electrical, plumbing engineering services on a continuing contract basis for Facilities Development & Operations Department:

 

A)  Gartek Engineering Corporation;

 

B)  RGD & Associates, Inc. d/b/a RGD Consulting Engineers; and

 

C)  Johnson, Levinson, Ragan, Davila, Inc. (JLRD)

 

SUMMARY: The purpose of these contracts is to have consultants pre-selected and under contract to provide engineering services for capital improvement or renovation projects generally with a construction value less than $2,000,000.  Consultant fees will be negotiated on an individual basis for the identified projects.  These contracts will be for two years with three one-year renewal options.  The contracts include a Small Business Enterprise (SBE) goal of 15%.  Gartek Engineering Corporation anticipates achieving 98% SBE participation, RGD & Associates, Inc. d/b/a RGD Consulting Engineers anticipates 100% and JLRD anticipates 95%.  All firms are local. (Capital Improvements Division) Countywide (JM)

 

 

2.         Staff recommends motion to approve: Contract with Ralph Della-Pietra, Inc. in the amount of $322,157 for renovating and expanding the existing concession area in the Okeeheelee Golf Clubhouse.  SUMMARY:  The work consists of demolishing the existing exterior curtainwall assembly, renovating and expanding the floor space, reconfiguring the counter area and updating the heating, ventilation, and air conditioning system in the concession area.  The renovation will increase the number of patrons served and will increase the table area under air conditioning. This work was competitively bid with Ralph Della-Pietra, Inc. submitting the lowest responsive, responsible bid.  Funding for the Okeeheelee Golf Clubhouse Concession expansion is from the $6.1 Sunshine #8 06 Park & Marina Improvements, Zone 2 Impact Fees and the Golf Course operating budget.  The total construction duration is 160 calendar days.  The goal for Small Business Enterprise (SBE) participation is 15%.  The SBE participation in this contract is 37%.  Ralph Della-Pietra, Inc. is an SBE, Palm Beach County company. (Capital Improvements Division) District 2 (JM)

 

 

3.         Staff recommends motion to receive and file: exercise of the first option to extend the term of the Concessionaire Service Agreement (R2012-0892) dated June 19, 2012, with Kayak-King Watersports, Inc., for the continued operation of a water sports and recreational rental concession in Okeeheelee Park at an annual rate of $6,897.85. SUMMARY:  Kayak-King Watersports, Inc. has operated its concession in Okeeheelee Park since July 2012 under the current Concessionaire Service Agreement (R2012-0892).  The initial term of the Agreement was for three years ending on June 30, 2015, with two extension options, each for a period of two years.  This option will extend the term of the Agreement for two years, from July 1, 2015, through June 30, 2017.  The annual rent for the first year of this two year extension period increases two percent (2%) to $6,897.85.  The Board has no discretionary authority to deny the exercise of the option; however, the Board may terminate this Agreement upon ninety days written notice. All other terms and conditions of the Concessionaire Service Agreement shall remain in full force and effect.  Parks will continue to have administrative responsibility for this Agreement. (PREM) District 2 (HJF)

 


 

JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to:

 

A) adopt a Resolution authorizing a Lease Agreement with The Center For Youth Activities, Inc., a Florida non-profit corporation (Center) for the continued use of 5,080 SF of buildings in the County’s Boca Veterans Park located at 9400 Palmetto Park Rd at an annual rate of $10; and

 

B) approve a Lease Agreement with the Center.

 

SUMMARY: Since 1994, Center has occupied space and provided after-school program services to school aged children in two buildings at Palm Beach County’s Boca Veterans Park located at 9400 Palmetto Park Road in Boca Raton.  The current Lease (R2000-1061) will expire on July 31, 2015, and Center has requested an extension.  A new lease is being entered into to incorporate various standard terms required by County policy.  The term of this Lease is for one year commencing on August 1, 2015, through July 31, 2016, after which it will automatically renew for successive one year periods.  Either party may terminate the Lease upon sixty days written notice. Parks will continue to have administrative responsibility for this Lease.  (PREM) District 5 (HJF)

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2014-1754) with the Riviera Beach Community Redevelopment Agency (RBCRA) to provide additional funding in the amount of $200,000 and extend the project completion date.  Summary:  On November 18, 2014, the County entered into an Agreement (R2014-1754) with the RBCRA to provide $150,000 in Community Development Block Grant (CDBG) funds for preliminary design costs associated with the Riviera Beach Public Market (Market).  In 2008, the County hired a consultant who completed a business plan for the Market at a cost of $87,400.  In 2010, the County also assisted the Treasure Coast Regional Planning Council in obtaining a $60,204 grant from the U.S. Department of Agriculture which was used to match $44,000 in RBCRA funds for the preparation of a comprehensive market survey, a site analysis, a preliminary engineering report, and a plan, budget and timeline for the project which were completed in 2012.  This Amendment provides additional funding to allow the final design work to commence.  The architectural and engineering consultants, Song + Associates, Inc., are about to complete the first phase of the design work and the second phase of their contract with the RBCRA requires an additional $400,000.  The County will utilize $200,000 in CDBG funds for this upcoming phase, which will be matched by the RBCRA.  The second phase is scheduled for completion on September 30, 2016.  If the Market is not constructed, RBCRA will be required to repay the CDBG funds to the County.  These are Federal CDBG grant funds which require no local match. (DES Contract Development) District 7 (JB)

 

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2013-1424) with the City of Lake Worth to provide additional funding in the amount of $30,000 and extend the project completion date.  Summary: On October 22, 2013, the County entered into an Agreement (R2013-1424) with the City of Lake Worth, as amended by Amendment No. 001 (R2013-1805) on December 17, 2013, to provide $450,750 in Community Development Block Grant (CDBG) funds for the design and reconstruction of the roadway along 7th Avenue South between South A Street and South F Street. This Amendment provides $30,000 in additional CDBG funds to enable the City to implement an expanded scope of roadway improvements.  These are surplus funds from the City’s 10th Avenue South CDBG funded project which were reprogrammed through the 19th Amendment to the Fiscal Year 2012-2013 Action Plan. The completion date is being extended from December 31, 2015 to May 31, 2016 to provide sufficient time to undertake the project. These are Federal CDBG grant funds which require no local match. (DES Contract Development) District 7 (JB)

 

 

J.         PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to approve: the reappointment of the following individual to the Planning Commission for a term from June 23, 2015 to June 5, 2018.

 

Appointment Nominee          Seat No.          Seat Requirement      Nominated By:

James M. Brake                            15                     At-Large                 Commissioner McKinlay

Commissioner Taylor

Commissioner Abrams

Commissioner Valeche

 

SUMMARY: The Planning Commission (PLC) was created by Ordinance 2008-003, which replaced the Land Use Advisory Board established by Resolution No. R90-1987. The Unified Land Development Code (ULDC) Article 2.G.3.K provides for the membership of the PLC as 16 members, consisting of 15 members appointed by the Board of County Commissioners (BCC), and one non-voting representative of the School District.  Each District Commissioner appoints two members, and one member is appointed at-large by a majority vote of the BCC.  The term of office of each member is for three years. This is a reappointment for the at-large position. The function of the PLC is primarily to provide recommendations to the BCC regarding amendments to the Comprehensive Plan. On April 13, 2015, the Planning Division forwarded a memo and forms to the BCC notifying the Board of the vacancy, and requesting nominations. Four responses were received. Unincorporated (RPB)

 

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

J.         PLANNING, ZONING & BUILDING (Cont’d)

 

2.         Staff recommends motion to approve: appointment of one member to the Building Code Advisory Board:

 

Appoint                        Seat     Requirement                Nominated By                       Term

David Erik Chase          12         Registered Architect      American Institute of      6/23/2015-6/30/2017

Architects (AIA) Palm

Beach

 

SUMMARY: The Building Code Advisory Board was established by a Special Act of the Florida Legislature in 1974, and amended in 2001.  The term of office for Board members is three years with no limit to the number of terms a member may serve. The Palm Beach Chapter of the American Institute of Architects (AIA) has nominated David Erik Chase, who will complete the term through June 30, 2017, of the resigned Howarth Lewis. The Board is comprised of sixteen members: seven Building Officials, one from each commission election district appointed from nominees submitted by the Building Officials Association of Palm Beach County; seven members appointed from nominees submitted by the Construction Industry Management Council of Palm Beach County; one registered architect appointed from nominees submitted by the Palm Beach Chapter of the American Institute of Architects; and one professional engineer appointed from nominees submitted by the Palm Beach Chapter of the Florida Engineering Society. Countywide (SF)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve:

 

A) a Temporary License Agreement with the Seminole Improvement District (District); and

 

B) delegation of authority to the County Administrator, or his designee, to execute any and all documents necessary to carry out the closing of the Phase 2 transfer of facilities from the District to the County.

 

Summary: On April 18, 2006, the Board of County Commissioners (BCC) approved an Interlocal Agreement (R2006-0732) with the District relating to a number of water and wastewater issues, including the phased transfer of the responsibility for the provision of water and wastewater services to customers located outside of the District boundaries (Outside Customers) from the District to the County. The Agreement provides for the discontinuance of service to Outside Customers by the District to be conducted in two phases.  Phase 1 was completed in 2006 and required the District to cease the addition of any new Outside Customers.  Phase 2 requires the District to completely cease service to all existing Outside Customers and to transfer all District-owned water and wastewater facilities located outside District boundaries to the County (with the exception of one pipeline to be retained by the District for future reclaimed water supply).  With the initiation of Phase 2, the County is obligated to provide service to all Outside Customers in an expeditious manner. In order to provide water and wastewater services to Outside Customers in an expeditious manner it is necessary for the County to temporarily utilize a segment of potable water pipeline owned by the District and located within the District’s right-of-way (ROW).  The Temporary License Agreement grants the County the necessary rights, and will expire once the County has made the necessary modifications to its own facilities to provide the service.  While certain documents required for the transfer of facilities and customer accounts from the District to the County were previously approved by the BCC and/or provided by the District, staff recommends the delegation of authority in case any additional closing documents are necessary or if modifications to the existing closing documents are required. District 6 (MJ)

 

 

JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve the revised Standard Agreement for Emergency Generator Purchase, Operation, and Maintenance (Standard Agreement); and

 

B) authorize the County Administrator or his designee to enter into the Standard Agreement and any amendment thereto.

 

Summary: On March 14, 2006, the Board of County Commissioners (BCC) authorized the County Administrator or his designee to enter into agreements with interested homeowner’s associations for the purchase, operation, and maintenance of emergency generators for wastewater pump stations within their residential communities.  The interested party is responsible for 100% of the purchase cost of the unit.  To date, the Water Utilities Department (WUD) has secured 31 emergency generators as a result of these partnerships. On May 15, 2007, the BCC approved two forms of the referenced standard agreement (Full Payment and Installment versions). WUD desires to combine the Full Payment and Installment Standard Agreements into a single Standard Agreement that can be used for either form of payment.  In addition, this new single standard agreement adds a provision for a pro-rated refund should the County terminate the agreement early. Countywide (MJ)

 

 

3.         Staff recommends motion to approve: a Contract with Florida Design Drilling Corporation for the Water Treatment Plant 11 Floridan Aquifer Wells Rehabilitation Project in the amount of $444,444. Summary: On April 2, 2015, four bids were received to rehabilitate six Floridan wells at Water Treatment Plant 11 (WTP 11). These Floridan aquifer wells provide sustainable water supply for the communities of the Glades Region. Florida Design Drilling Corporation was the lowest responsive and responsible bidder in the amount of $444,444.  The required rehabilitation work includes: acid treatment on six wells; removal of debris obstructions from three wells; completion of geophysical logging on three wells, and partial back plugging of five wells. 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 93.24% overall. Florida Design Drilling Corporation is a Palm Beach County company. The Project is included in the FY15-16 Capital Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 15-019) District 6 (JM)

 

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to receive and file:

 

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

 

B) Work Order No. 0640-7 to the Palm Beach County Annual Artificial Reef & Breakwater Project No. 2012ERM01 Contract (R2012-0640) with The Vance Construction Company (Vance), to supply up to 900 tons of 3’ to 4’ diameter limestone rock, load/install up to 900 tons of 3’ to 4’ diameter rock, transport all rock up to 7,650 ton-miles.  Load/install up to 400 tons of donated concrete structures, transport all concrete up to 3,400 ton-miles at the Juno Pier FWC Reef location.  The total amount of this Work Order shall not exceed $153,075;

 

C) Work Order No. 0640-9 to the Palm Beach County Annual Artificial Reef & Breakwater Project No. 2012ERM01 Contract (2012-0640) with The Vance Construction Co. (Vance), work order location Highland Beach Mangrove Breakwaters. Commencement date of April 2, 2015, Substantial Completion date of September 29, 2015 and a Final Completion date of 30 calendar days after Substantial Completion.  The total Work Order amount shall not exceed $ 495,450; and

 

D) Work Order No. 0640-10 to the Palm Beach County Annual Artificial Reef & Breakwater Project No. 2012ERM01 Contract (R2012-0640) with The Vance Construction Company (Vance), directs Vance to provide up to 20 days of turbidity monitoring, supply up to 1,000 tons of 2’ to 3’ diameter limestone rock, supply up to 2,260 tons of 3’ to 4’ diameter limestone rock, and load/install 3,260 tons of rock at the Peanut Island Breakwaters and Artificial Reef location.  The total Work Order amount of this Work Order shall not exceed $307,800.

 

SUMMARY: On August 19, 2014, the Board of County Commissioners authorized Work Supplement No. 1825-01B to build a portion of the Grassy Flats Restoration Project in accordance with Palm Beach County Annual Dune & Wetlands Restoration Project No. 2013ERM01 (R2013-1825).  Delegation of authority to execute this Work Supplement was authorized at that time. District 7 (SF)

 

On May 6, 2014, the Board of County Commissioners authorized Work Order No. 0640-7 under the Annual Artificial Reef and Breakwater Contract for the Juno Pier FWC Reef.  Delegation of authority to execute this Work Supplement was authorized at that time. District 1 (SF)

 

On December 16, 2014, the Board of County Commissioners authorized Work Order No. 0640-9 to construct breakwaters along the eroded shoreline at the Highland Beach Mangroves.  Delegation of authority to execute this Work Order was authorized at that time. District 4 (JM)

 

On December 16, 2014, the Board of County Commissioners authorized Work Order No. 0640-10 to the Palm Beach County Annual Artificial Reef & Breakwater Project.  Delegation of authority to execute this Work Order was authorized at that time. District 1 (JM)

 

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve Grant Agreement No. 15PB3 with the Florida Department of Environmental Protection (FDEP) for $751,300 cost share for the Ocean Ridge Beach Nourishment Project ending July 1, 2016;

 

B) approve Budget Amendment of $751,300 in the Beach Improvement Fund to recognize the revenue for Agreement No. 15PB3; and

 

C) authorize the County Administrator, or his designee, to sign all future time extensions and other necessary minor amendments that do not significantly change the scope of work or terms and conditions of Agreement No. 15PB3.

 

SUMMARY: Agreement No. 15PB3 provides for reimbursement of funds which have been expended by the County for groin field modification, beach construction, and a portion of the permit-required monitoring of the Ocean Ridge project.  Under the terms of the Agreement, fifty percent (50%) of the project costs is eligible for FDEP reimbursement.  The County match requirement of fifty percent (50%), or $751,300 was expended in FY 2013 and FY 2014 from tourist development taxes in the Beach Improvement Fund. Reimbursement for the Agreement is retroactive to January 1, 2013, and the Agreement terminates July 1, 2016. District 4 (SF)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: the following original executed Tee Time Advertising and Sales Agreement:

 

GolfNow, LLC, County golf courses, for the period March 18, 2015, through March 17, 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 Director of Parks and Recreation 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)

 

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

2.         Staff recommends motion to:

 

A) receive and file a grant from the National Recreation and Park Association (NRPA) in partnership with the Walmart Foundation to support out-of-school time programs for the period March 31, 2015 to March 1, 2016; and

 

B) approve Budget Amendment of $16,200 within the General Fund to establish budget for the approved grant project.

 

SUMMARY: The Parks and Recreation Department applied for and was awarded a $16,200 NRPA grant for the out-of-school time programs. The funds are to be used to directly support our efforts to:

 

·         Increase the number of healthy meals children in low-income communities receive through the Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP) during out-of-school times;

·         Provide evidence-based, age-appropriate nutrition literacy to children that create behavior change by teaching the importance of healthy eating;

·         Implement nutrition and physical activity standards that increase access to healthier foods and increase opportunities for physical activity; and

·         Promote meal and program efficiencies that will reduce costs, maximize existing resources, decrease food waste, and lead to more sustainable meal programs.

 

The grant does not require a County match. Countywide (AH)

 

 

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

 

A) Blackwood Productions, LLC, All Time Low concert, Sunset Cove Amphitheater, for the period of April 23, 2015, through April 24, 2015; and

 

B) Blackwood Productions, LLC, Car Tunes Classic Car Show concert, Sunset Cove Amphitheater, on April 18, 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.  The Sound and Light Production Services Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2009-0592, amended by Resolutions 2010‑0645 and 2014‑0167, and are now being submitted to the Board to receive and file. District 5 (AH)

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

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

 

A) Gary Frost, Car Tunes Classic Car Show concert, Sunset Cove Amphitheater, on April 18, 2015; and

 

B) Paul Saca, GL Commercial Presents: Viva Classic Rock concert, Canyon Town Center Amphitheater, on April 18, 2015.

 

Summary: The Parks and Recreation Department produces cultural activities to promote the quality of life in the communities it serves.  The Parks and Recreation Department produced two popular cultural events at the Canyon Town Center and Sunset Cove Amphitheaters.  These events were attended by an estimated 475 people and generated positive support and goodwill for the County.  A sponsorship from GL Homes offset the expenses of the concert at the Canyon Town Center Amphitheater. In accordance with County PPM CW‑O‑051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item. The Entertainment Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644 and 2014-0168, and are now being submitted to the Board to receive and file. District 5 (AH)

 

 

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

 

A) Terrence Atkinson, Academic Flag Football Jamboree, Seminole Palms Park, for the period April 11, 2015, through April 26, 2015;

 

B) Palm Beach County Officials, Inc., Youth Basketball Official, West Boynton Recreation Center, for the period May 2, 2015, through June 12, 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.  These Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, and 2012-0168, and are now being submitted by the Board to receive and file. Districts 3 & 6 (AH)


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to approve:

 

A) Fifth Amendment to the Agreement (R2010-1582) with Friends of the Mounts Botanical Garden, Inc. to extend the term of the Agreement from July 16, 2015 to September 30, 2015 to coincide with the start of the new fiscal year; and

 

B) a Budget Amendment in the General Fund (Fund 0001) in the amount of $11,630; and

 

C) an Agreement with Friends of the Mounts Botanical Garden, Inc., from October 1, 2015, through September 30, 2016, for funding of a horticulturist position to assist in the care and maintenance of The Mounts Botanical Garden of Palm Beach County.

 

Summary: The Fifth Amendment provides that the Friends of the Mounts Botanical Garden, Inc. (FMBG) will provide funding to the County in amount not to exceed $11,630 (65.5%) of a horticulturist (Pay Grade 25) position beginning July 16, 2015 and ending on September 30, 2015.  The County will be funding the remaining $6,126 (34.5%) for a total of $17,756.  The Agreement provides that FMBG will provide funding to the County in amount not to exceed $45,786.47 (65.5%) of a horticulturist (Pay Grade 25) position for the period October 1, 2015 and ending on September 30, 2016.  The County will be funding the remaining $24,116.53 (34.5%) for a total of $69,903.  The position will continue to support The Mounts Botanical Garden of Palm Beach County.  The Amendment is to provide funding through the end of FY15 and the new Agreement is to provide funding for FY ‘16.  This will change the funding of this position to coincide with the County’s fiscal year.  This position will be eliminated when grant funding is discontinued. District 7 (AH)

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:  

 

A) ratify the signature of the Mayor on the approval of the Second Chance Act Technology-Based Career Training Program for Incarcerated Adults and Juveniles FY 2015 Competitive Grant Application to the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) for $750,000 from October 1, 2015 to September 30, 2018 to facilitate the reduction of recidivism in Palm Beach County; and

 

B) authorize the County Administrator or his designee to execute all related documents and contracts for the above mentioned grant and to execute electronically all necessary forms and documents as required by the U.S. DOJ.

 

Summary:  Palm Beach County (PBC) in collaboration with the Florida Department of Corrections and community-based reentry partners are proposing to provide inmates with pre- and post-release technology employment services to assist in their transition back into the community.  The County is requesting $750,000 to implement and expand pre-release employment training for adults housed at the Sago Palm Reentry Center.  The Grant does not require a match.  Countywide (JB)


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to receive and file: one original standard Interlocal Agreement for Swimming Lessons with the City of Riviera Beach.  Summary:  On September 27, 2005, the Board adopted Resolution Number R2005-1906 authorizing the County Administrator, or his designee (the Fire Rescue Administrator) to execute standard agreements with municipalities and independent contractors to provide swimming lessons to members of the public through the Palm Beach County Drowning Prevention Coalition’s Learn to Swim Program.  Pursuant to Countywide PPM CW-O-051, one standard County agreement that has been executed by the County Administrator, or his designee (the Fire Rescue Administrator) is being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (PK)

 

 

Z.         RISK MANAGEMENT 

 

1.         Staff recommends motion to receive and file: an executed Contract for Consulting/Professional Services by and between Palm Beach County and Concept EFL Imaging Center, LLC, with a not to exceed annual cost of $10,000 for each year of the term beginning April 28, 2015, through April 27, 2018.  Summary:  This exempt contract for professional medical services has been fully executed on behalf of the Board of County Commissioners by the Director of Purchasing under the authority of Chapter 2, Article III, Division 2, Part A, Sections 2-51 through 2-58, Palm Beach County Code for a three year term with two annual options to renew. The Contract is for chest x-ray examination and evaluation services for prospective and current County and Palm Tran personnel as part of the County’s occupational health and workers’ compensation program. Countywide (HH)

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file: Contracts for Professional Services with the following Doctoral Psychology Interns to complete a required 2000-hour internship that will provide the interns training and experience in family and youth counseling for the period August 10, 2015, through August 5, 2016:

 

A) Andrea de Aguayo in the amount of $23,000; and

 

B) Vanessa Pereda in the amount of $23,000.

 

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

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) receive and file a Supplemental Award and Extension Letter amending a 2013 Urban Area Security Initiative Grant, to provide an additional $59,910, in reimbursable funding and to extend the grant period from April 30, 2015, through May 31, 2015; and

 

B) approve a Budget Amendment of $59,910 in the Sheriff’s Grant Fund.

 

SUMMARY: The Board of County Commissioners accepted this grant for $495,909, on May 6, 2014 (R2014-0651). On May 19, 2015, the Board of County Commissioners reviewed and filed an agenda item extending the grant period from March 31, 2015, through April 30, 2015 (R2015-0675). This agenda item will increase the grant award to include an additional $59,910 in reimbursable funding and will additionally extend the grant period from April 30, 2015, through May 31, 2015. The purpose of this grant project is to fund various domestic security activities within the County and Region 7 using federal Urban Area Security Initiative (UASI) funds through the City of Miami, as the UASI’s fiscal agent.  There is no match requirement 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 Florida Department of Law Enforcement, Law Enforcement Terrorism Prevention Program Grant for the Region 7 MetaData Planner/Information Sharing Project, in the amount of $70,000, for the period of April 1, 2015, through March 31, 2016; and

 

B) approve a Budget Amendment of $70,000 in the Sheriff’s Grant Fund.

 

SUMMARY: On April 28, 2015, the Palm Beach County Sheriff’s Office (PBSO) received an award from the Florida Department of Law Enforcement. The funds will be used to contract with the South Florida Regional Planning Council, as the fiscal agent for the Region 7 Metadata Planner/R-LEX Coordinator Information Sharing Project.  There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (JB)

 

 


JUNE 23, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF (Cont’d)

 

3.         Staff recommends motion to:

 

A) receive and file a Grant Modification No. 2; dated May 1, 2015, with the Office of National Drug Control Policy to provide an additional $31,902, in reimbursable funding, for the Palm Beach Narcotics Task Force; and

 

B) approve a Budget Amendment of $31,902 in the Sheriff’s Grant Fund.

 

SUMMARY: On March 10, 2015, the Board of County Commissioners accepted an award from the Office of National Drug Control Policy to provide $30,536, in reimbursable funding for overtime and other expenses associated with the Palm Beach Narcotics Task Force (R2015-0352).  On April 21, 2015, the Board of County Commissioners received and filed an agenda item increasing the grant award by $124,470 (R2015-0518).  This modification will provide an additional $31,902 in reimbursable funding to offset costs associated with the Palm Beach Narcotics Task Force. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (JB)

 

 

 

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


JUNE 23, 2015

 

 

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

 

 

A.        Staff recommends motion to adopt: a Resolution conceptually authorizing a land exchange in which 0.668 acres of land within the Pond Cypress Natural Area (Natural Area) would be conveyed to the Department of Engineering and Public Works (Engineering) for an adjusted right of way for the State Road 7 Extension and 3.95 acres of equal or higher quality lands within the existing State Road 7 Extension road right-of-way that is immediately adjacent to the Natural Area would be conveyed to the Department of Environmental Resources Management (ERM) and incorporated into the northern portions of the Natural Area, pursuant to the Conservation Lands Protection Ordinance (No. 2003-052). SUMMARY: The Conservation Lands Protection Ordinance requires a request to use or convey an interest in conservation lands for purposes other than originally intended to be offset by an offer that provides an exceptional benefit to the Conservation Lands Program.  The Engineering Department, working with the Florida Department of Transportation, has filed this request for conveyance of 0.668 acres of land within the Natural Area.  The public purpose for this land exchange is the need for State Road 7 to be extended from 60th Street North to Northlake Boulevard to provide public transportation and traffic relief for residents of western Palm Beach County.  The proposed compensation for the conveyance is the addition of 3.282 acres of land to the Natural Area.  Staff believes that the proposed compensation provides an exceptional benefit to the Program. Pursuant to the Conservation Lands Protection Ordinance, a Public Hearing must be held for consideration of a resolution by the Board to conceptually approve using Conservation Lands for purposes other than originally intended or conveying interests in Conservation Lands to another entity.  An affirmative vote of five members of the Board is required for approval. District 6 (SF)

 

 

B.        Staff recommends motion to:

 

1) approve Road Program Findings of Fact (per Article 12.M.3.B of the Unified Land Development Code) with a majority vote that the deletion of Haverhill Road, Melaleuca Lane to Lake Worth Road will not result in any link or intersection on the road network operating at greater than the Adopted level of service, and no development projects are phased to this construction; and

 

2) adopt an Ordinance to amend Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program (Program); providing for title; purpose; adoption of revised program and revised list of projects contained in Exhibit “A” (to the Agenda Item); implementation of the program; modification of the program; funding of other roadway improvements; interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the code of laws and ordinances; and effective date.

 

SUMMARY:  In accordance with Article 12.M.3.B of the Unified Land Development Code, and prior to the deletion of any construction project from Palm Beach County’s (County) Program, the Board of County Commissioner’s (Board) must determine that the Findings of Fact have been made.  See Attachment “1” to the Agenda Item. Since the development and adoption of the County’s Program on December 16, 2014, the progress and evolution of current and near term projects has continued to be monitored. Traffic counts, costs and revenues have been updated. Revisions are being proposed to modify the Program to reflect this updated information. A mid-year ordinance amendment with a preliminary reading and a public hearing is required in order to accomplish this.  On June 2, 2015, the Board approved this amendment on preliminary reading and authorized advertisement for today’s Public Hearing for final adoption. Countywide (MRE)

 

 


JUNE 23, 2015

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

C.        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 Solicitation and Distribution on Public Roads Ordinance; providing for title; providing for intent; providing for definitions; providing for findings and determinations; providing for prohibitions; providing for applicability; providing for penalties; 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 will prohibit persons from displaying information, soliciting business or charitable contributions and distributing materials or goods on county and state roads, in the unincorporated area of the county.  Prohibited activities include, but are not limited to panhandling, collection of donations for or by non-profit organizations or the sale or distribution of merchandise or publications.  Shoulders and sidewalks are not covered by this ordinance. Unincorporated County (MRE)

 

 

D.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Palm Beach County Code, Chapter 4 (Ordinance 98-22, as amended by Ordinances 2001-065, 2003-27, 2005-44, 2008-004, 2009-019 and 2011-005) pertaining to animal care and control, amending Section 4-2 (definitions), amending Section 4-4 (dog and cat control);  amending Section 4-5 (animals creating nuisances); amending Section 4-8 (keeping/adopting stray animals and maintaining feral cats); amending Section 4-11 (dog and cat rabies/license tags); amending Section 4-12 (redemption and adoption); amending Section 4-13 (adoption fees and sterilization requirements for dogs and cats); amending Section 4-16 (animal bites and quarantining); deleting Section 4-17 (placement and impoundment of honeybee hives); amending Section 4-18 (guard dogs); amending Section 4-19 (evictions, jail terms, community services adjudications, and other involuntary occurrences; effect on animals); amending Section 4-21 (livestock); amending Section 4-22 (number of animals; acreage restrictions/excess animal habitats); amending Section 4-23 (kennel, excess animal habitat, commercial breeder, pet dealer, pet shop, grooming parlor, and commercial stable permits); amending Section 4-24 (animal care; manner of keeping); amending Section 4-27 (aggressive dogs, dangerous dogs and vicious dogs); amending Section 4-28 (sterilization program for dogs and cats); amending Section 4-29 (hobby breeder permits); amending Section 4-30 (animal care and control special master hearings); amending Section 4-32 (violations, civil infractions, civil penalties); adding Section 4-35 (community cats); adding Section 4-36 (electronic animal identification device implantation for all cats); 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 enforcement; providing for penalty; providing for captions; and providing for an effective date.  Summary:  The most significant changes in the proposed amendment to the Animal Care and Control (ACC) Ordinance are the following:  removal of the “voice command” to require dogs to be leashed when off an owner’s/caregiver’s property unless certain exceptions apply (i.e. dog parks, public beach, law enforcement dog); require all community cats to be sterilized, microchipped, vaccinated against rabies and ear-tipped for identification; require community cats to be maintained on private property with approval of the owner/property manager; require community cat caregivers to provide basic care to such cats and for food areas to be clean and sanitary; allow the ACC to seize/remove community cats if necessary to protect public health or safety; provide additional regulations with regard to trapping domestic animals; allow commercial trapper to trap cats for the purpose of TNVR (Trap, Neuter, Vaccinate, Return); and require all trapped community cats to be released onsite unless trapped for re-vaccination, medical care or because of a public health or safety concern; authorize the ACC to impound dogs during a vicious dog investigation/appeal if it believes that the owner is unable or unwilling to humanely, safely and securely confine the dog. Most of the language has been added to correlate with the Countdown to Zero Resolution that was adopted by the Board in February 2014.  In addition, this proposed amendment will allow the ACC to apply for grants through non-profit agencies.  This proposed amendment to the Palm Beach County Animal Care and Control Ordinance was presented to the League of Cities on April 22, 2015, and was unanimously approved. A summary of the substantive changes to the existing ACC Ordinance is attached to the agenda item.  Countywide (SF)

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


JUNE 23, 2015

 

 

5.         REGULAR AGENDA

 

 

A.        ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida; approving the issuance of not exceeding $17,000,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds (New South Bay Villas) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 2-190, Palm Beach County Code of Ordinances; approving Deutsche Bank Securities Inc. or an affiliate thereof as the Purchaser of said Bonds, within the meaning of Section 2-190 of the Palm Beach County Code of Ordinances; and providing an effective date.  Summary: The Bonds are being issued by the Housing Finance Authority of Palm Beach County, Florida (the “Authority”), to finance the costs of acquiring, rehabilitating and equipping an approximately 131 unit multifamily rental housing development to be known as New South Bay Villas to be located at 1001 Jasmine Court and at 110 Harrelle Drive in South Bay.  These units will be rented to qualified persons and families as required by Section 142(d) of the Internal Revenue Code of 1986, as amended (the “Code”).  The County is currently participating in this project through an Agreement with the Palm Beach County Housing Authority (PBCHA) under which it is providing $1,797,136.83 in Federal Neighborhood Stabilization Program funds for the acquisition and rehabilitation of rental apartments at the South Bay Villas project.  This effort is being undertaken by the PBCHA together with the redevelopment of its adjacent Marshall Heights property and the combined project will be known as New South Bay Villas.  The Borrower of the Bond funds is New South Bay Villas, Ltd. and the Co-Developers are McCurdy Senior Housing Corporation (49%) and the PBCHA (51%).  The Bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower.  Bryant Miller Olive is Bond Counsel to the Authority with respect to the Bonds, and Deutsche Bank Securities Inc., or an affiliate thereof, is the Purchaser of the Bonds.  On June 12, 2015, the Authority held a public hearing with respect to the Bonds as required by Section 147(f) of the Code. Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, or interest on the Bonds. (HFA of PBC) District 6 (PFK)

 

 

2.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida; approving the issuance of not exceeding $10,000,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds (Village at the Park) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 2-190, Palm Beach County Code of Ordinances; approving the sale of the Bonds to RBC Capital Markets, LLC as the underwriter thereof within the meaning of Section 2-190, Palm Beach County Code of Ordinances; and providing an effective date.  Summary: The Bonds are being issued by the Housing Finance Authority of Palm Beach County, Florida (the “Authority”), to finance the costs of acquiring, rehabilitating and equipping an approximately 152 unit multifamily rental housing facility to be known as Village at the Park, located at 625 Auburn Circle West in Delray Beach.  These units will be rented to qualified persons and families as required by Section 142(d) of the Internal Revenue Code of 1986, as amended (the “Code”).  The Borrower is Village at the Park, Ltd. and the Developer will be PRH Affordable Investments, LLC, an affiliate of The Related Group.  The Bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower.  Greenberg Traurig, P.A. is Bond Counsel to the Authority with respect to the Bonds, and RBC Capital Markets, LLC will be the underwriter with respect to the Bonds.  On June 12, 2015, the Authority held a public hearing with respect to the Bonds as required by Section 147(f) of the Code. Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, or interest on the Bonds. (HFA of PBC) District 7 (PFK)

 


JUNE 23, 2015

 

 

5.         REGULAR AGENDA

 

 

B.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to:

 

A) adopt a Resolution authorizing a First Amendment to Concessionaire Service Agreement dated June 3, 2014, (R2014-0865), with Little Deeper Charters, Inc. (LDC), a Florida corporation to abate rent for a period of two months not to exceed $4,166.68 for the Phil Foster Park Concession located in Riviera Beach; and

 

B) approve the First Amendment to Concessionaire Service Agreement.

 

SUMMARY: On June 3, 2014, the Board awarded LDC the Phil Foster Park Concession to provide water sports rentals, prepackaged food, beverage and sundry services, including the use of various locations within the park, dock space, and a vending area within the building located at 900 Blue Heron Boulevard in Riviera Beach. On July 11, 2014, LDC applied for an occupational license from the City of Riviera Beach (City).  The City requested the County apply for a site plan modification to permit a concession to operate within the Park, delaying the issuance of the occupational license.  After numerous conversations and written correspondence between County and City Staff, on October 30, 2014, the City reversed its position and issued the occupational license.  The commencement date of the concession was established as November 4, 2014.  LDC has requested, and Parks supports, a two month rental abatement to help offset the financial loss associated with the inability to operate during the peak 2014 summer season.  This Amendment will: i) abate two months of the Guaranteed Annual Rent in an amount not to exceed $4,166.68; ii) update the non-discrimination and insurance provisions; iii) updates various other standard County provisions; and iv) memorialize the commencement date of November 4, 2014.  Parks will continue to have administrative responsibility for this Lease. (PREM) District 1 (HJF)

 

 

C.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) approve a standard Interlocal Agreement for Information Systems Services (ISS) support services provided to municipalities and special taxing districts in preparing their non-ad valorem (NAV) assessment rolls;

 

B) approve the Fee Schedule for ISS Services; and

 

C) authorize the County Administrator or his designee, ISS Director, to approve and execute interlocal agreements with municipalities and special taxing districts served by ISS beginning with the 2016 tax year.

 

SUMMARY: Florida statutes permit counties, municipalities and special taxing districts, to levy NAV assessments for the purpose of funding a wide array of improvements and services to property.  The statutes also permit NAV assessments to be billed by the Tax Collector as a component of the annual Property Tax Bill.  For many years ISS has assisted numerous special districts and municipalities in the final preparation of their assessment rolls.  These services, which have been provided by ISS at no cost to the agencies, involve determining billing rates and units, calculating the applicable billing amount, and transmitting this information to the Property Appraiser for Notice of Proposed Taxes and to the Tax Collector for inclusion on the Final Tax Bill.  ISS seeks Board approval to establish standard interlocal agreements to recover the cost of our services.  Interlocal agreements with all 54 NAV agencies presently served by ISS would generate annual revenues of $61,510.  Authority to execute such agreements will be delegated to the County Administrator or his designee. Countywide (PFK)


JUNE 23, 2015

 

 

5.         REGULAR AGENDA

 

 

D.        PUBLIC SAFETY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida adopting a schedule of fees and fines for the Division of Animal Care and Control (ACC) and repealing Resolution 2011-0849.  Summary: This Resolution provides for adoption of an updated fee and fine schedule in accordance with the provisions of the ACC Ordinance, Palm Beach County Code, Chapter 4.  The update is necessary to implement recently adopted Ordinance changes and provide adjustments to other existing fees and charges.  A summary of the changes to the existing schedule of fees and fines imposed by Division of Animal Care and Control is attached to the agenda item. This agenda item will repeal Resolution 2011-0849. Countywide (SF)

 

 

E.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends a motion to approve on preliminary reading and advertise for public hearing on July 21, 2015, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, repealing Ordinance 2012-006 Palm Beach County Amendments to the Florida Building Codes (FBC), 2010 Edition, Chapter 1, “Administration” (FBC-Building) and Flood and Wind Provisions (FBC-Building and Residential), and Appendix F, “Construction Building Codes for Turf and Landscape Irrigation Systems” (FBC-Plumbing) and Section 7-36 of Article III Palm Beach County Code of Ordinances. Adopting the Palm Beach County Amendments to the Florida Building Code (FBC), 2014 Edition, Chapter 1, “Administration” (FBC-Building) and Figures 1609.1 A, B and C, Basic Wind Speed Maps (FBC-Building), and Appendix F, “Construction Building Codes for Turf and Landscape Irrigation Systems” (FBC-Plumbing); providing for applicability; providing for repeal of laws in conflict; providing for inclusion in the code of laws and ordinances; providing for a savings clause; providing for severability; and providing for an effective date.  Summary: The Legislature adopted Florida Statute 553.73, mandating a statewide Florida Building Code (FBC), and allowing local governments to adopt their own Administrative Chapter of the FBC.  The proposed administrative chapter amending the 2014 FBC would be applicable in the unincorporated area of Palm Beach County, and in those municipalities having an Interlocal Agreement for the provision of County plan review and inspection services. This Administrative Chapter 1 is based upon recommendations of the Palm Beach County Building Code Advisory Board.  Figures 1609 A, B, and C in the FBC are accurate for basic wind design to the County, and provides for local governments to establish specific wind speed/wind borne debris lines using physical landmarks, whenever possible, resulting in the more-specific maps of Palm Beach County which are proposed for adoption as Figures 1609.1 A, B and C.  As a result of landscape irrigation regulations previously adopted, many cross connections of drinking water and irrigation systems have been abated, and proper water conservation designs have been implemented in the Florida Building Code, Plumbing Volume. Unincorporated (AH)

 


JUNE 23, 2015

 

 

5.         REGULAR AGENDA

 

 

            F.         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 Bruin, a company authorized to do business in the State of Florida, as a target industry and high-impact business, as defined under s.288.106 Florida Statutes, eligible to participate in the Quick Action Closing Fund pursuant to s.288.1088 Florida Statutes; providing for local financial support for the Quick Action Closing Fund (QACF) not to exceed $250,000; and

 

B) conceptually approve an Economic Development Incentive for Project Bruin in the amount of $250,000 in the form of a Job Growth Incentive (JGI) Grant over a four year period, as a portion of the local match for the State QACF.

 

Summary:  Project Bruin is a national headquarters relocation project that plans to make a $1.895 Million capital investment on renovations and equipment at an existing facility in Palm Beach County, create 178 new full-time jobs within four years at an annualized average wage of $83,000, excluding benefits, and retain 473 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 Project Bruin $1 Million from the Quick Action Closing Fund (QACF) for which a local match is requested consisting of $350,000 from the City of Palm Beach Gardens, and $250,000 from the County in the form of a JGI Grant.  The County portion of the JGI Grant will be paid in three installments over a period of four years per the following schedule: Year 1 installment - $14,000; Year 2 installment - $84,000; Year 3 installment - $0; and, Year 4 installment - $152,000.  The JGI Grant 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 $772 Million. Funding for the Job Growth Incentive Grant will come from General Fund Contingency Reserves. District 1 (JB)

 


JUNE 23, 2015

 

 

5.         REGULAR AGENDA

 

 

            F.         ADMINISTRATION (Cont’d)

 

2.         Staff recommends motion to:

 

A) adopt a Resolution by the Board of County Commissioners of Palm Beach County, Florida, recommending approval of Project Fan, 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 Program not to exceed $15,000; and

 

B) conceptually approve an Economic Development Incentive for Project Fan to serve as the local match for the State QTI Tax Refund in the amount of $15,000 in the form of a Job Growth Incentive (JGI) Grant, to be paid over a five year period according to the State QTI Refund Schedule.

 

Summary: Project Fan is a regional manufacturing headquarters relocation project that plans to make a $1.74 Million capital investment on renovations and equipment at an existing facility in Palm Beach County and create 25 new full-time jobs by December 31, 2017 at an average annual wage of $48,813, excluding benefits.  The company will be required to maintain the new jobs for a period of five years. It is anticipated that the State of Florida will provide $75,000 in the form of a Qualified Target Industry (QTI) Tax Refund which includes a required 20% local match of $15,000. The JGI Grant 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 $55.7 Million.  Funding for the Job Growth Incentive Grant will come from General Fund Contingency Reserves. District 7 (JB)

 

 


JUNE 23, 2015

 

 

5.         REGULAR AGENDA

 

 

F.         ADMINISTRATION (Cont’d)

 

3.         ADD-ON: Staff requests Board direction: concerning the Consent to Use (Consent) which is intended to facilitate the construction of an approximately 250,000 sf state of the art building by Carrier Corporation (Carrier), an affiliate of United Technologies Corporation (UTC), to serve as an international showcase to demonstrate new building technologies for security, fire safety, building automation, heating, ventilation, air conditioning, elevator, escalator and refrigeration systems (the Center).  If the Board approves the Consent as drafted, it will be contingent upon execution by all other beneficiaries including Kolter (KH Alton), the City of Palm Beach Gardens, the State of Florida and the Scripps Research Institute.  Summary:  On April 7, 2015, the Board of County Commissioners directed staff to negotiate a legal document that provides for the following: (1) the release of a Declaration of Covenants (Declaration) on a 30 acre parcel within the Briger property currently owned by the Kolter Group to facilitate the construction of the Center; (2) that the release does not impact the future development of bioscience and related use on the remaining 70 acres of the restricted property; and (3) that the construction of the Center shall equate to 30% of the 100 acre property having been developed for biotech uses for the purposes of extending the restriction on the remaining 70 acres until February 6, 2026.  Staff concerns are that:  Carrier insists the Consent release the restriction once the property has been conveyed to Carrier and a building permit for the foundation and shell have been issued for an approximately 250,000 sf building to be known as the “UTC Center for Intelligent Buildings”. It is staff’s recommendation that the restriction be released once a Certificate of Occupancy is received for the Center and operations begin, which guarantees that the Center will be constructed and commence operations prior to release of the restriction. With respect to allowed uses, Carrier will not limit the uses to the construction of the proposed Center, but desires for much broader uses including any type of buildings that facilitates research, development and showcases intelligent building technologies, designs and services, and for high technology business and operation uses. Staff would also like more detail in the Consent regarding the Center and what specifically will be built. District 1 (JM/HF)

 

 

 


JUNE 23, 2015

 

 

5.         REGULAR AGENDA

 

 

 

 

 

 

 

 

 

 

THIS PAGE LEFT BLANK INTENTIONALLY

 

 

 

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JUNE 23, 2015

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


JUNE 23, 2015

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


JUNE 23, 2015

 

 

8.         COMMISSIONER COMMENTS

 

 

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

 

 

 

 

 

 

9.         ADJOURNMENT

 

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