April 19, 2016 – 9:30 A.M.

FINAL

 

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

APRIL 19, 2016

 

 

PAGE             ITEM

 

17                    3U-1               REVISED TITLE:  Staff recommends motion to approve:

 

A) Statement of Work No. 7 to Contract with CGI Technologies and Solutions, Inc., (CGI) (R2002-1782) in the amount of $225,600 for the procurement and implementation of the CGI Advantage Performance Budgeting Module;

 

B) Amendment No. 22 to the Professional/Maintenance Services and Proprietary Software License Agreement with CGI dated September 30, 2002 (R2002-1782) to provide licenses and maintenance for third party software (Red Hat JBoss and Pervasive Data Integrator) required for the operation of the Performance Budgeting module in the total amount of $17,770 $17,769.56; and C)…(ISS)

 

20                    3CC-2                        REVISED TITLE: Staff recommends motion to: A) accept on behalf of the Palm Beach County Sheriff’s Office, a Federally-Funded Subgrant Agreement for a FY15 State Homeland Security Grant Program II in the amount of $114,804, for the period of February 17, 2016 through December 31, 2017 2016; and…(PBSO)

 

27                    5B-2                DELETED: Staff recommends motion to receive and file: Presentation of the Palm Beach County Comprehensive Annual Financial Report for fiscal year ending September 30, 2015. (Postponed by Clerk & Comptroller)

 

28                    5E-2*              DELETED: Staff recommends motion to conceptually approve: the conveyance of the County’s interest in 18 single family lots (in the Brook’s Subdivision) to Habitat for Humanity of Palm Beach County, Inc. (Habitat), in partnership with Riviera Beach Community Development Corporation, Inc. and Habitat Housing Solutions, Inc., without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration. (DES) (Further staff review)

 

 

 

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

 

 

APRIL 19, 2016

 

 

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 - 21)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 22 - 24)

 

5.         REGULAR AGENDA (Pages 25 - 28)

 

6.         BOARD APPOINTMENTS (Page 29)

 

7.         STAFF COMMENTS (Page 30)

 

8.         COMMISSIONER COMMENTS (Page 31)

 

9.         ADJOURNMENT (Page 31)

 

 

 

 

* * * * * * * * * * *

 

APRIL 19, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

 

A.  ADMINISTRATION

Page 6

            3A-1    Resolution supporting Go SOLAR Florida Team

 

B. CLERK & COMPTROLLER

Page 6

            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   Resolutions approving Joint Participation Agreements with the Florida Department of Transportation relating to Adaptive Traffic Control Systems for three intersections

            3C-2   Contract with Dickerson Florida, Inc. for construction of County Road 880 Twenty Mile Bend Slope Protection project

            3C-3   Deleted

            3C-4   Supplement No. 6 with Wantman Group, Inc. for professional services relating to the Australian Avenue and Palm Beach Lakes Intersection improvement project

 

D. COUNTY ATTORNEY

Page 8

            3D-1   Receive and file the official transcript for the closing of the $65,360,000 Public Improvement Revenue Bonds (Professional Sports Franchise Facility project)

            3D-2   Resolution authorizing County Administrator/Designee to reject settlement offers in PIP insurance claims for auto-related Fire-Rescue emergency transport services

            3D-3   Full and final settlement related to property damage to the home owned by Jose Ginsberg and Jean Despagne

 

E. COMMUNITY SERVICES

Page 8

            3E-1    Amendment No. 1 with the Florida Department of Education to transfer funds between budget lines for the Farmworker Career Development Program

            3E-2    Deleted

Page 9

            3E-3    Ratify the Mayor’s signature on the Federally Funded Subgrant Agreement with the Florida Department of Economic Opportunity for the Low Income Home Energy Assistance Program

            3E-4    Contracts for Provision of Ryan White Part A HIV Health Support Services with five agencies

Page 10

            3E-5    2015 Florida Department of Children & Families Grant Agreement/Contracts with two agencies to provide homeless prevention services

 

F. AIRPORTS

Page 10

            3F-1    Palm Beach International Airport Nonconcessionaire Rental Car Operator Ground Transportation Permit with Gitibin and Associates, Inc. d/b/a Go Rentals

            3F-2    License Agreement with The Morganti Group, Inc. for use of terminal office and storage space associated with the replacement of the air handler system at PBIA

Page 11

            3F-3    General Aeronautical Services Permit with Air Serv Corporation  relating to support services to airlines operating at PBIA

            3F-4    Letter of Release and other documents relating to development of an on-airport travel plaza

           


APRIL 19, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 12

            3G-1   Negotiated Settlement Agreement of a Code Enforcement lien that was entered against Dan D. Cooney

            3G-2   Negotiated Settlement Agreement of a Code Enforcement lien that was entered against MOBU, LLC

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 12

            3H-1   Amendment No. 1 with Siemens Industry, Inc. for investment grade energy audits

Page 13

            3H-2   Notice of exercise of the seventh option to extend Lease Agreement with Theodore W. Winsberg and Gertrude K. Winsberg to continue farming of approximately 60 acres

 

I. ECONOMIC SUSTAINABILITY

Page 13

            3I-1     Amendment No. 001 with Children’s Place at Home Safe, Inc. relative to academic support, recreational opportunities and clinical services at the Libra Girls Specialized Therapeutic facility

 

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 14

            3K-1    Utility Easement granted by the Trustees of the Internal Trust Fund of the State of Florida on property located south of Hooker Highway, west of State Road 17 in Belle Glade

            3K-2    Work Authorization No. 4 to Lanzo Lining Services, Inc. Florida for the Sandalfoot, Century Village and DIP Segment Lining project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 14

            3L-1    Project Agreement Amendment Cost Estimate Revision with Florida Inland Navigation District Waterway Assistance Program Agreement for Peanut Island Erosion Control & Reef project

Page 15

            3L-2    Project Agreement with the Florida Inland Navigation District regarding management and maintenance of a portion of Snook Islands Natural Area

            3L-3    Work Order No. ERM 16C-02 with Wynn and Sons Environmental Construction Co, Inc. for construction of public use facilities at Cypress Creek Natural Area

             

M. PARKS & RECREATION

Page 16

            3M-1   Ratify Mayor’s signature on Florida Boating Improvement Program Grant Application to Florida Fish and Wildlife Conservation Commission associated with boating facilities at Bert Winters Park

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION  -  None

 

R. HUMAN RESOURCES

Page 16

            3R-1   Amendment No. 1 with NMS Management Services, Inc. for the County’s drug and alcohol testing program


APRIL 19, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

S. FIRE RESCUE  -  None

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES

Page 17

            3U-1   Statement of Work No. 7 and Amendment No. 22 with CGI Technologies and Solutions, Inc. relating to the Advantage system

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY

Page 17

            3X-1    Budget Amendments/Transfer to adjust FY 2016 budget to reflect differences between actual and estimated revenues relating to grants

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None

 

AA. PALM TRAN

Page 18

            3AA-1 Labor Management Agreement between Palm Tran, Inc., Board of County Commissioners, and the Service Employees International Union/Letter of Understanding

            3AA-2 Second Amendment with WTC Backgrounds & Drug Testing, Inc. for provision of drug and alcohol testing services

Page 19

            3AA-3 Palm Tran Service Board appointment

 

BB. YOUTH SERVICES

Page 19

            3BB-1 Summer Food Service Program for Children Authorized Signature Form with the Florida Department of Agriculture and Consumer Services, Food, Nutrition and Wellness

 

CC. SHERIFF

Page 20

            3CC-1            High Intensity Drug Trafficking Area Program grant for the Palm Beach Narcotics Task Force

            3CC-2            Federally-Funded Subgrant Agreement for a FY 2015 State Homeland Security Grant Program II

            3CC-3            Memorandum of Agreement with the Early Learning Coalition of Palm Beach County to provide law enforcement investigative services

 

            DD. SUPERVISOR OF ELECTIONS

Page 21

            3DD-1            Precinct boundary changes




APRIL 19, 2016

 

TABLE OF CONTENTS

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 22

            4A       Change of name from ABM Security Services, Inc. to Universal Protection Service, LLC relating to a Certificate of Public Convenience and Necessity

            4B       Resolution confirming Special Assessment Roll for the Tangerine Boulevard Water Main Extension project

Page 23

            4C       Palm Beach County Parks and Natural Areas Trespass Ordinance

Page 24

            4D       Vehicle for Hire Ordinance

 

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 25

            5A-1    Resolution approving the CareerSource Palm Beach County FY 2016-2017 Budget

 

            CLERK & COMPTROLLER

Page 27

            5B-1    Juror Appreciation Month Proclamation

            5B-2    Presentation of the Palm Beach County Comprehensive Annual Financial Report

 

            COMMUNITY SERVICES

Page 27

            5C-1   Amendment No. 8 with Adopt-A-Family of the Palm Beaches, Inc. to increase funding for hotel placement to homeless families

 

            PUBLIC SAFETY

Page 27

            5D-1   Resolution enacting a new schedule of fees and fines for the Vehicle for Hire Ordinance

 

            ECONOMIC SUSTAINABILITY

Page 28

            5E-1    Resolution approving the Local Housing Assistance Plan

            5E-2    Conveyance of the County’s interest in 22 single family lots (known as Brooks Subdivision) to Habitat for Humanity of Palm Beach County, Inc.


BOARD APPOINTMENTS  (Page 29)

 

STAFF COMMENTS  (Page 30)

 

COMMISSIONER COMMENTS (Page 31)

 

ADJOURNMENT (Page 31)

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to adopt: a Resolution supporting both the expansion of solar photovoltaic energy generation in Florida and the publication of the Florida Solar Financing Action Plan - A Menu of Options, encouraging other Florida counties to adopt the resolution, and providing for the transmission of the resolution and an effective date.  SUMMARY: Approval of this item supports both the County’s state and federal legislative priorities and the Go SOLAR Florida Team in promoting solar photovoltaic energy in Florida and in the publication and distribution of the Florida Solar Financing Action Plan - A Menu of Options. The Go SOLAR team consists of Broward, Alachua, Miami-Dade, Monroe, Orange, and St. Lucie counties, the City of Venice, the Florida Solar Energy Center, and Florida Atlantic University. Countywide (RPB)

 

 

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                                               January 7, 2016

Regular                                              February 9, 2016

 

 

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 November 2015. Countywide

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to:

 

A) adopt a Resolution to approve a Joint Participation Agreement (Agreement A) in the amount not to exceed $132,000 with the State of Florida Department of Transportation (FDOT) to purchase Adaptive Traffic Control Systems (ATCS) for three intersections on Glades Road (Project);

 

B) adopt a Resolution to approve a Joint Participation Agreement (Agreement B) in the amount not to exceed $160,000 with the FDOT to install ATCS for the Project; and

 

C) approve a Budget Amendment of $292,000 in the Transportation Improvement Fund to recognize the funding associated with Agreement A and Agreement B from the FDOT and appropriate it to the Project.

 

SUMMARY:  Approval of the Agreements and the Budget Amendment will allow for the purchase and installation of ATCS equipment for three signalized intersections on Glades Road at and near the Florida’s Turnpike Interchange.  The ATCS deployment is expected to dynamically adjust signal timing with fluctuations in traffic demand and also improve the overall progression through the traffic signals.  Agreement A, Financial Management Number 436318-2-93-01, is for the purchase of the three ATCS in an amount not to exceed $132,000.  Agreement B, Financial Management Number 436318-1-58-01, is for the installation and construction of the three ATCS in an amount not to exceed $160,000.  FDOT will provide the engineering design and the Consulting Engineering Inspection oversight for the Project.  Once the ATCS are deployed, the County will be responsible for operation and maintenance of the ATCS and the associated components. District 5 (MRE)

 

 

2.         Staff recommends motion to approve:  a Contract with Dickerson Florida, Inc. (Dickerson) in the amount of $883,590 for the construction of County Road 880 Twenty Mile Bend Slope Protection (Project).  SUMMARY: Approval of this Contract will allow Palm Beach County to issue a notice to proceed to Dickerson, a St. Lucie County company, to begin construction of the Project.  The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall.  The SBE participation proposed for the Project by Dickerson is 15.49%. District 6 (MRE)

 

 

3.         DELETED

 

 

4.         Staff recommends motion to approve: Supplement No. 6 (Supplement) to Project Agreement R2007-0842 in the amount of $123,523.84 with Wantman Group, Inc. (WGI), for professional services for the Australian Avenue and Palm Beach Lakes Boulevard Intersection Improvements project (Project).  SUMMARY:  Approval of this Supplement will provide the professional services necessary for the preparation of roadway and signing and marking plans and specifications for the construction of a single right turn lane on Palm Beach Lakes Boulevard; and the drainage improvement on both Australian Avenue and Palm Beach Lakes Boulevard for the Project.  The Small Business Enterprise (SBE) goal for the Project is 15%, but WGI committed to 29% SBE participation.  WGI has proposed 0% SBE participation for this Supplement; however, including this Supplement, WGI’s overall SBE participation would be 32.60% for this Project.  WGI is a Palm Beach County company. District 7 (MRE)

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to receive and file:  the official transcript for the closing of the Palm Beach County, Florida, $65,360,000 Public Improvement Revenue Bonds (Professional Sports Franchise Facility Project) Taxable Series 2015C, $56,645,000 Public Improvement Revenue Bonds (Professional Sports Franchise Facility Project) Tax-Exempt Series 2015D (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)

 

 

2.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, authorizing the County Administrator or designee (the Fire-Rescue Administrator) to reject settlement offers in personal injury protection insurance claim lawsuits filed on the County’s behalf against insurers; providing for effectiveness. SUMMARY:  Since April 1, 2015, the County has contracted with an outside law firm to provide legal services to the County relating to personal injury protection (PIP) insurance claims for auto-related Fire-Rescue emergency transport services. These legal services include representation of, and expert advice to, the County in lawsuits filed on the County’s behalf against insurers to recover PIP insurance benefits due to the County from its provision of Fire-Rescue emergency transport services.  Given the large volume of such actions and the need for an expeditious response to settlement offers made by insurers, the process of rejecting settlement offers may be implemented more effectively and expeditiously by delegating to the County Administrator or designee (the Fire-Rescue Administrator) the authority to reject such settlement offers, provided that the settlement offer is for an amount less than the full value of the County’s claim and that rejection of the settlement offer is recommended by the County’s PIP attorney.  Should the PIP attorney recommend acceptance of a settlement offer, review and approval of such will be processed in accordance with existing County procedures. Countywide (SGB)

 

 

3.         Staff recommends motion to approve: Full and final settlement and release of all claims related to the structural property damage caused to the home owned by Jose Ginsberg and Jean Despagne for a sum of $51,593. SUMMARY: On March 12, 2015, a Palm Tran bus operator had a medical episode causing him to lose control of the bus and strike a home that is owned by the claimants.  After much negotiation, Risk Management and their adjusters have arrived at a settlement which is reasonable and serves the best interest of Palm Beach County. Countywide (DRO)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to receive and file:  Amendment No. 1 to Project Award Notification No. 760-4056B-6CFJ1 from the Florida Department of Education, for the period July 1, 2015, through June 30, 2016, to transfer funds between budget line items.  Summary:  Amendment No. 1 is necessary to transfer funds between budget lines to absorb expenses for allowance, educational/vocational, travel, office supplies, and other program related expenses.  This Amendment will not affect the overall grant award of $245,519.  This receive and file is being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive this amendment. No County funds are required. (Farmworker Career Development Program) Countywide (HH)

 

 

2.         DELETED

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on the Federally Funded Subgrant Agreement No. 16EA-0F-10-60-01-023, with the State of Florida Department of Economic Opportunity, for the period March 1, 2016, through March 31, 2017, in an amount not to exceed $3,137,651, for the Low Income Home Energy Assistance Program (LIHEAP);

 

B) delegate to the County Administrator or her designee, signatory authority on additional exhibits, and any other necessary documents related to LIHEAP requirements; and

 

C) approve Budget Amendment of $1,541,624 in the LIHEAP Fund to reconcile the budget.

 

Summary:  LIHEAP funds of $3,137,651 will enable Palm Beach County Community Action Program to provide assistance to approximately 7,000 low-income households with energy bills and crisis assistance to prevent service disconnection and to restore utility services.  The emergency signature process was utilized because there was insufficient time to submit this application through the regular agenda process.  County funds are not required. (Community Action Program) Countywide (HH)

 

 

4.         Staff recommends motion to approve:  Contracts for Provision of Ryan White Part A HIV Health Support Services with the below listed agencies, for the period March 1, 2016, through February 28, 2017, totaling $5,352,672, to provide various services for the health and support of persons living with HIV Spectrum Disease:

 

A) Legal Aid Society of Palm Beach County, Inc., in an amount not to exceed $309,245;

 

B) Treasure Coast Health Council, Inc. d/b/a Health Council of Southeast Florida, in an amount not to exceed $399,353;

 

C) FoundCare, Inc., in an amount not to exceed $3,646,361;

 

D) Compass, Inc., in an amount not to exceed $793,893; and

 

E) AIDS Healthcare Foundation, Inc., in an amount not to exceed $203,820.

 

Summary:  A notice of grant award was received from the U.S Health and Human Services Health Resources Services Administration, issuing a partial award in the amount of $4,189,210 in Formula, Supplemental and Minority AIDS Initiative funding.  An additional grant award will be issued at a later date.  These contracts are being funded based on level funding from the prior grant year.  The contracts will be amended and the budget will be aligned once the final notice of award has been received.  These agencies are selected and recommended for contracting through the Request for Proposal process.  These contracts cover services for HIV affected clients which includes medical case management, medical care, pharmacy oral health care, and substance abuse treatment.  Employees Kimberly Rommel-Enright and Vicki Krusel of Legal Aid Society of Palm Beach County, Inc., Patrice Huntley and Jesus Bautista of Compass, Inc., and Quinton Dames and Lilia Perez of FoundCare, Inc., serve on a County Advisory Board, the HIV CARE Council.  The HIV CARE Council provides no regulation, oversight, management, or policy-setting recommendations regarding the agency contracts listed above. Disclosure of these contractual relationships at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.  No County funds are required. (Ryan White) Countywide (HH)


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to receive and file:

 

A)  2015 Florida Department of Children and Families (DCF) Grant Agreement No. IPZ05, for a period not to exceed June 30, 2016, in the amount of $79,928, for homeless prevention services;

 

B) Contract for Provision of Services with The Homeless Coalition of Palm Beach County, Inc., for the period February 1, 2016, through June 30, 2016, in the amount of $47,000, for performance measures evaluation; and

 

C) Contract for Provision of Services with Catholic Charities of the Diocese of Palm Beach, Inc., for the period February 1, 2016, though June 30, 2016, in the amount of $32,928, for homeless prevention services.

 

Summary:  The Division of Human Services received Challenge Grant funding through a Florida Department of Children and Families grant to provide homeless prevention services and performance measures evaluation.  These funds have been subcontracted.  The Homeless Coalition of Palm Beach County, Inc. contracts with a consultant who will analyze the homeless service delivery system relative to access, performance and project costs.  The consultant will also establish a format to report ongoing statistics regarding system performance and project performance on the Continuum of Care's public website.  The consultant is an approved Housing and Urban Development Agency provider for technical assistance regarding performance evaluation reporting requirements.  Catholic Charities of the Diocese of Palm Beach, Inc. will provide homeless prevention services to 23 households by assisting with rental and/or mortgage assistance.  All funds must be expended no later than June 30, 2016. These contracts were executed by the County Administrator in accordance with Agenda Item 3E-3, dated October 20, 2015, which delegated signature authority to the County Administrator, or her designee.  These items are being submitted in accordance with Countywide PPM No. CW-O051 to allow the Clerk’s office to note and receive these contracts.  No County funds are required. (Human Services) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file: Palm Beach International Airport Nonconcessionaire Rental Car Operator Ground Transportation Permit with Gitibin and Associates, Inc., d/b/a Go Rentals, commencing January 1, 2016, and terminating September 30, 2016, with automatic October 1st to September 30th annual term renewals unless canceled, providing for Go Rentals to operate a car rental concession as a subtenant to Atlantic Aviation – West Palm Beach LLC, a Fixed Base Operator at PBIA, and the payment of Permit fees in the amount of ten percent (10%) of gross revenues. SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2012-0629. Countywide (AH)

 

 

2.         Staff recommends motion to receive and file:  License Agreement with The Morganti Group, Inc., commencing February 1, 2016, terminating on February 29, 2016, and automatically renewing on a month-to-month basis thereafter until canceled, providing for the use of terminal office and storage space associated with the replacement of the air handler system at the Palm Beach International Airport without charge. SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2007-2070. Countywide (AH)

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

3.         Staff recommends motion to receive and file:  General Aeronautical Services Permit with Air Serv Corporation commencing December 1, 2015, terminating on September 30, 2016, and automatically renewing October 1st to September 30th on an annual basis until canceled, providing for support services to airlines operating at the Palm Beach International Airport and the payment of service fees in the amount of seven percent (7%) of gross revenues derived from airlines except signatory airlines. SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2010-0708. Countywide (AH)

 

 

4.         Staff recommends motion to:

 

A) approve a Letter of Release (Release Letter) from the Federal Aviation Administration (FAA), releasing approximately 4,933.27 square feet (0.113 acres) of land (Turn Lane) located north of the Palm Beach International Airport (Airport) from federal grant assurance requirements, subject to conditions imposed by the FAA in the Release Letter; and

 

B) approve a Declaration of Easements, Covenants and Restrictions (Declaration) imposing certain easements, covenants and restrictions on the Turn Lane; and

 

C) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida (Bond Resolution); determining the Turn Lane is not necessary for airport purposes and that disposition of the property shall not impair the operating efficiency or reduce the revenue producing capability of the County’s Airport System; and

 

D) approve a Deed of Release from the FAA (Deed of Release), releasing deed restrictions from the Turn Lane imposed in that certain deed from the United States of America dated March 22, 1961 (the USA Deed); and

 

E) approve a Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations (Subordination) with Florida Power and Light Company (FPL) providing for subordination of FPL’s easement interest in the Turn Lane, and for County’s reimbursement of costs incurred by FPL in the event County requires its utilities to be relocated from the Turn Lane in the future; and

 

F) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida (Right-of-Way Resolution); designating the Turn Lane for use by the general public for public street purposes, subject to the Declaration.

 

SUMMARY:  On March 12, 2013, the Board approved the Development Site Lease Agreement (R2013-0257) (Lease) with West Palm Beach Plaza, LLC (WPB Plaza), for the development of an on-airport travel plaza at the southwest corner of Belvedere and Florida Mango Roads, which includes a gas station, convenience store, car wash, food service facilities, and related amenities (Plaza).  The Plaza is anticipated to open by summer 2016.  As a condition of approval for the Plaza development, a right turn lane from eastbound Belvedere Road is needed.  The Release Letter releases the Turn Lane from terms, conditions and obligations of FAA grant assurances.  The Declaration imposes certain easements, covenants and restrictions as required in the Release Letter, and will be recorded in the public records.  The Bond Resolution is required in order that the property may be used for non-airport purposes and documents that the Turn Lane is released from the Airport System Revenue Bond Resolution (R-84-427) requirements.  The Deed of Release releases the Turn Lane from the USA Deed, and the Right-of-Way Resolution designates the Turn Lane for use by the general public for public street purposes, subject to the Declaration.  The Subordination subordinates FPL’s existing easement interest to the road right-of-way. Countywide (HF)

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve:  a negotiated Settlement Agreement in the amount of $34,500 for the full satisfaction of a Code Enforcement Lien that was entered against Dan D. Cooney on December 17, 1996.  SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on October 2, 1996 on property owned by Dan D. Cooney (Mr. Cooney) giving him until December 1, 1996 to bring the property located at 5913 Orange Road into full Code compliance. The property had been cited for constructing a shed and fence without the proper permits and inspections. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Mr. Cooney on December 17, 1996. Code Enforcement issued an Affidavit of Compliance for the property on July 15, 1998. The total accrued lien amount through January 27, 2016, the date on which settlement discussions began, totaled $102,507.34, of which Mr. Cooney has agreed to pay the County $34,500 (34%) for full settlement of his outstanding Code Enforcement Lien. District 2 (PM)

 

 

2.         Staff recommends motion approve: a negotiated Settlement Agreement in the amount of $5,500 for the full satisfaction of a Code Enforcement Lien that was entered against MOBU, LLC on September 2, 2015. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on March 4, 2015 on property owned by MOBU, LLC (MOBU) giving them until July 2, 2015 to bring the property located at 2808 Chickamauga Avenue into full Code compliance. The property had been cited with several building permit violations and was in disrepair. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against MOBU on September 2, 2015. An Affidavit of Compliance was issued by Code Enforcement stating that the cited code violations were fully corrected as of February 4, 2016 and that the property is in full compliance with the CESM’s Order. The total accrued lien amount through February 23, 2016, the date on which settlement discussions began, totaled $11,061.02, of which MOBU has agreed to pay the County $5,500 (50%) for full settlement of their outstanding Code Enforcement Lien. District 2 (PM)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Amendment No. 1 to the Contract (R2014-0507) with Siemens Industry, Inc. for investment grade energy audits on a continuing contract basis. SUMMARY: Amendment No. 1 renews this contract for investment grade energy audit services for one year.  The Board approved the contract on April 15, 2014.  The original contract provided for an initial two year term with two one-year renewal options.  Amendment No. 1 will provide services during the first renewal period.  During the first two years of this contract, Siemens Industry, Inc. provided an energy audit for the Parks and Recreation Department at a cost of $89,000 with 0% SBE participation.  The Small Business Enterprise (SBE) goal for Siemens Industry, Inc. is 15% SBE participation. (Capital Improvements Division) Countywide (DC)

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to receive and file: notice of exercise of the seventh option to extend the term of the Lease Agreement with Theodore W. Winsberg and Gertrude K. Winsberg (R99-842D) for one year for rent of $1/yr.  SUMMARY:  In 1996, the County purchased 175 acres of property from the Winsbergs for the development of the Water Utilities Department’s Green Cay Wetlands Water Reclamation project.  The property is located off Hagen Ranch Road between Boynton Beach Boulevard and Atlantic Avenue.  The Board approved the original Lease Agreement in May of 1999 (R99-842D), which allowed the Winsbergs to continue to farm the property until the Water Utilities Department (WUD) was ready to construct its project.  Over time, as WUD constructed phases of the Water Reclamation Project, the area leased to the Winsbergs was reduced and the Winsbergs currently lease approximately 60 acres.  The next phase of the Water Reclamation Project is not expected to be implemented within the next four years.  In April of 2008, the Board approved the Fourth Amendment (R2008-0629) which extended the term of the Lease Agreement through May 1, 2010, and provided the Winsbergs with ten additional one-year options to extend for one year each.  Exercising this seventh extension option will extend the term of the Lease Agreement through May 1, 2017.  The Winsbergs have the right to exercise their option to extend and the Board has no discretionary authority to not allow the exercise of the option.  The County will continue to have the right to terminate this Lease upon 120 days notice.  The annual rental rate for this extension will continue to be $1/yr.  Three one-year extension options remain available to the Winsbergs. WUD supports the extension and will continue to have administrative responsibility for this Lease.  All other terms of the Lease Agreement remain in full force and effect.  (PREM) District 5 (HJF)

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2015-1481) with Children’s Place at Home Safe, Inc. (Home Safe) to expand the scope of services, increase the number of clients to be assisted and change the rate of reimbursement for services provided.  Summary: On October 20, 2015, the County entered into an Agreement (R2015-1481) with Home Safe to provide $13,595 in Community Development Block Grant (CDBG) funds.  Funding was provided for academic support, recreational opportunities and clinical services to females ages 10-17 at the Libra Girls Specialized Therapeutic facility who are diagnosed with moderate to severe emotional disturbances and are not eligible for traditional foster care placement.  This Amendment will allow the Agency to provide the services at a second location which will provide services to male clients at the Home Safe Boys Enhanced Group Home.  In addition, this Amendment will increase the number of clients to be served in specialized therapeutic and enhanced therapeutic group care from 24 to 32 unduplicated clients annually.  The Amendment changes the rate of reimbursement from $47.21 per child per month to $2.07 per day per client. The Amendment will not result in an increase or decrease of the total grant awarded. These are Federal CDBG funds which require no local match. Countywide (JB)

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to accept: a Utility Easement (Easement) granted by the Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF), to Palm Beach County (County) on property located south of Hooker Highway, west of State Road 15 (Main St.) in the City of Belle Glade.  Summary: The proposed 30-feet wide Easement will allow the Water Utilities Department (WUD) to access the TIITF property to install a new potable water main to interconnect the existing water main along Hooker Highway and Main Street and also provide potable water service to a future development within the property owned by BGI Group, LLC. (WUD Project No. 15-083) District 6 (MJ)

 

 

2.         Staff recommends motion to approve:  Work Authorization No. 4 to Lanzo Lining Services, Inc. Florida d/b/a Lanzo Trenchless Technologies, Inc.-South (Lanzo), for Sandalfoot, Century Village and DIP Segment Lining Project in the amount of $1,810,101.75.  SUMMARY:  On April 15, 2014, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Wastewater Gravity Lines and Manhole Rehabilitation Continuing Construction Contract (R2014-0521) to Lanzo.  Work Authorization No. 4 provides for the rehabilitation of approximately 33,500 feet of existing wastewater gravity lines and the inspection and rehabilitation of 330 manholes located in the Sandalfoot and Century Village communities and at other locations within Palm Beach County.  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall.  The contract with Lanzo provides for SBE participation of 16.49%.  Work Authorization No. 4 includes 19.28% overall participation.  The cumulative SBE participation to date, including Work Authorization No. 4, is 16.94% overall.  Lanzo is not a Palm Beach County company.  The Project is included in the FY16 Capital Improvement Plan adopted by the BCC. (WUD Project No. 16-009) Districts 2, 3, 5 & 6 (MJ)

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to approve:

 

A) a Project Agreement Amendment Cost Estimate Revision modifying the scope of work to Florida Inland Navigation District (FIND) Waterway Assistance Program (WAP) Agreement No. PB-14-184 for the Peanut Island Erosion Control & Reef Project (R2014-1941); and

 

B) a Budget Amendment of $38,464 in the Environmental Enhancement Non-Specific Fund to recognize the decrease in the cost estimate.

 

SUMMARY: This item transfers remaining FIND grant funds from an ERM project to a Parks project, both of which occur on Peanut Island. The Budget Amendment recognizes the decreased grant award and associated decreased match requirement. ERM constructed the authorized emergent breakwaters on Peanut Island with a $59,540 balance remaining on its FIND grant. Parks proposes to use the remaining funds to provide shoreline stabilization on Peanut Island. FIND concurs with this transfer of funds. The Director of ERM will continue to act as the Liaison for the Project as authorized by the May 6, 2014 Board item. Districts 1 & 7 (AH)

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve a Project Agreement with the Florida Inland Navigation District (FIND) in the amount not to exceed $150,000 to cover costs for the management and maintenance of a portion of the Snook Islands Natural Area to expire January 31, 2021;

 

B) approve a Budget Amendment of $150,000 in the Environmental Enhancement Non-Specific Fund to recognize the revenues from this Agreement; and

 

C) authorize the County Administrator, or her designee, to approve and sign all future modifications and other forms associated with this project agreement, and necessary minor amendments that do not substantially change the scope of work, terms or conditions of this contract.

 

Summary: The Project Agreement will provide funding to cover costs of a five-year program for the management and maintenance of a wetland mitigation project known as the Snook Islands Natural Area located within the City of Lake Worth.  The County’s cost of $50,000, or 25%, will be funded through the combination of the Natural Areas Fund and existing staff time funded through the General Fund. District 3 (AH)

 

 

3.         Staff recommends motion to approve:  Work Order No. ERM 16C-02 to the Palm Beach County Annual Pathway and Minor Construction Contract Federalized Project No. 2015056 (R2016-0231) with Wynn and Sons Environmental Construction Co., Inc. (Wynn and Sons), for an amount not to exceed $435,533.50 providing for the construction of public use facilities at the Cypress Creek Natural Area upon execution until September 30, 2016.  Summary: The Board of County Commissioners approved an Annual Construction Contract with Wynn and Sons, a Palm Beach County company, for the Palm Beach County Annual Pathway and Minor Construction Contract Project No. 2015056 on March 1, 2016. Work Order No. ERM 16C-02 authorizes Wynn and Sons to construct the public use facilities at the Cypress Creek Natural Area.  The project is supported by a Federal pass-through grant from the Florida Department of Environmental Protection, for up to $200,000, and requires a 50% match, which will come from the Department of Environmental Resources Management’s Capital Project Fund (3654). District 1 (DC)

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to:

 

A)  ratify the signature of the Mayor on a Florida Boating Improvement Program (FBIP) Grant Application to Florida Fish and Wildlife Conservation Commission (FFWCC) executed by the Mayor on February 25, 2016, requesting $200,000 to fund a portion of the construction costs associated with the redevelopment and expansion of the boating facilities at Bert Winters Park;

 

B) adopt Resolution for assistance under the Florida Boating Improvement Fund for grant funding for Bert Winters Park for construction costs associated with the redevelopment and expansion of Bert Winters Park in the amount of $200,000;

 

C) authorize the County Administrator or designee to execute the Grant Agreement, as well as task assignments, time extensions, certifications, standard forms, or amendments to the Agreement that do not change the scope of work or terms and conditions of the Agreement, if the grant is approved; and

 

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

 

Summary:  This Grant Application requests up to $200,000 from the FFWCC FBIP to pay for a portion of the redevelopment and expansion costs of the boating facilities at Bert Winters Park.  The grant requires a 50% match which will be funded from the 2004 $50 Million Waterfront Access and Preservation General Obligation Bond Issue. The County estimates the grant project costs of this project at $1,400,000.  In 2015, the County was awarded $1 million in grant funding from the Florida Inland Navigation District for this project.  FFWCC’s time frame to submit this Application did not allow for prior approval by the Board.  In order to meet the Grant Application deadline, the Mayor signed the application on behalf of the Board, as authorized by Palm Beach County Administrative Code, Section 309.00.  The code requires the Grant Application be presented to the Board for approval at its next available meeting after signature by the Mayor. District 1 (AH)

 

 

R.        HUMAN RESOURCES

 

1.         Staff recommends motion to approve: Amendment No.1 to the contract with NMS Management Services, Inc., R2013-1838, for the County’s drug and alcohol testing program, to exercise the first option to renew for one year, beginning May 1, 2016, through April 30, 2017, at an annual cost of $41,450. SUMMARY: The Board of County Commissioners approved contract R2013-1838 on December 17, 2013 for a term of three years with two one-year options to renew. This Amendment is the first renewal option extending the term of the contract, at an annual cost of $41,450, through April 2017. The contract was amended to change the standard language in several provisions since the original contract was approved. Countywide (DO)

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         REVISED TITLE: Staff recommends motion to approve:

 

A) Statement of Work No. 7 to Contract with CGI Technologies and Solutions, Inc., (CGI) (R2002-1782) in the amount of $225,600 for the procurement and implementation of the CGI Advantage Performance Budgeting Module;

 

B) Amendment No. 22 to the Professional/Maintenance Services and Proprietary Software License Agreement with CGI dated September 30, 2002 (R2002-1782) to provide licenses and maintenance for third party software (Red Hat JBoss and Pervasive Data Integrator) required for the operation of the Performance Budgeting module in the total amount of $17,770 $17,769.56; and

 

C) A Budget Transfer of $243,370 in the Information Technology Capital Improvements Fund to reallocate funds from an existing Capital Project, “Microsoft Office Suite Upgrade (FY 2016)”, Unit I342, to establish a new Capital Project –“CGI Advantage Performance Budgeting System.”

 

SUMMARY:  Staff is requesting Board authorization to acquire CGI software licenses and maintenance, CGI professional services, and third party software licenses and maintenance necessary to implement the CGI Advantage Performance Budgeting System.  The first phase of the Project will replace the County’s existing budget system (BRASS) which has been licensed from CGI since 2002.  A second phase of the project, not included in the above Statement of Work, will enable County departments to link their spending plans with priorities and track key performance indicators.  Performance Budgeting, when fully implemented will provide advanced capabilities for budgeting, planning, forecasting, and salary and benefit projections, as well as dashboards to track key performance indicators.  Phase 1 of the project will be completed prior to the FY 2018 budget process and Phase II will be completed prior to the FY 2019 budget process.  This project was not included in the FY 2016 budget; therefore project funding will be established through a budget transfer from an existing project (Microsoft Office Suite Upgrade) approved in the ISS Capital Budget. Countywide (PFK)

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: the following downward budget amendments/transfer reflecting adjustments for grant awards and operating expenses:

 

A) Budget Amendment of $2,146,114 in the Justice Services Grant Fund;

 

B) Budget Amendment of $809,915 in the Criminal Justice Grant Fund;

 

C) Budget Transfer of $112,185 in the Crime Prevention Trust Fund; and

 

D) Budget Amendment of $16,592 in the General Fund.

 

SUMMARY:  These downward budget amendments are necessary to adjust the FY 2016 budget to reflect the differences between actual and estimated revenues and expenditures of FY 2015 as well as reduce the FY 2016 budget for grants not awarded.  During the development of the FY 2016 budget, estimates and projections of revenues and expenditures were prepared. These amendments adjust the expenditure accounts to their audited balances and reflect grants that were not awarded. Countywide (DC)

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to approve:

 

A) a Labor Management Agreement (LMA) between Palm Tran, Inc. and the Palm Beach County Board of County Commissioners (BCC), as joint employer, and the Service Employees International Union, Florida Public Services Union, CtW, CLC (SEIU) representing 40 regular full-time, non-professional, supervisory employees of Palm Tran, Inc. for the three year period of October 1, 2014, through September 30, 2017; and

 

B) a Letter of Understanding (LOU) between Palm Tran, Inc. and SEIU establishing an implementation schedule and clarifying other changes and conditions to the Labor Management Agreement.

 

Summary:  At the request of the SEIU, Palm Tran commenced negotiations in October 2014 for the purpose of negotiating terms and conditions of employment for 40 Palm Tran employees (30 Operations Supervisors, 10 Maintenance Supervisors).  On January 21, 2016, Palm Tran and SEIU tentatively agreed to the terms and conditions of the LMA.  The LOU and LMA were ratified by the SEIU on March 24, 2016.  Of the 40 Articles included in the LMA, 24 were amended during the negotiation process.  In general, changes to non-economic work rules will allow for increased efficiency and effectiveness of operations. Other changes include: eliminating the overtime rotation, thereby increasing efficiency, and streamlining the process; eliminating the uniform stipend in exchange for providing uniforms to employees; and establishing a formal instructor training program with a specified hourly rate.  The amended wage article includes a 4% hourly increase in Fiscal Year 2015 (retroactive to the first full pay period following October 1, 2014); a 4% hourly increase in Fiscal Year 2016 (retroactive to the first full pay period following October 1, 2015); and a wage re-opener for Fiscal Year 2017.  Furthermore, the LOU specifies a period for completing the retroactive payments and memorializes the agreement to conduct a wage survey and hold regular labor/management meetings.  As a result of vacancies, Palm Tran’s Fiscal Year 2016 budget can absorb the associated costs of the retroactive wage increases. Countywide (DR)

 

 

2.         Staff recommends motion to approve: the Second Amendment to contract (R2013-0482) with WTC Backgrounds & Drug Testing, Inc. (WTC) to extend the terms of the Contract for one year.  Summary:  On April 16, 2013, the County entered into Contract (R2013-482) with WTC for the provision of drug and alcohol testing services. WTC provides, on an as needed basis, specimen collection, alcohol breath testing, specimen analysis, and Medical Review Officer (MRO) services. Collection and testing is provided at WTC's facilities during normal business hours and on-site locations when required after normal business hours. The Contract was approved for two years, commencing May 1, 2013, through April 30, 2015, with three one-year options to renew. This Amendment is the second renewal option extending the term of the Contract, at the same prices not to exceed $35,000, through April 30, 2017.  Countywide (DR)

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN (Cont’d)

 

3.         Staff recommends motion to approve: one appointment as an At-Large member to the Palm Tran Service Board (PTSB) for the following term:

 

Nominee                     Category, Seat No.                             Term to Expire           Nominated by

Dennis Martin              Rep. with Extensive Paratransit            Sept. 30, 2017             Vice Mayor Valeche

                                    Experience, Seat No. 12                                                          Comm. Burdick

                                                                                                                                    Comm. Abrams

                                                                                                                                    Comm. Taylor

 

SUMMARY:  The Palm Tran Service Board is composed of 13 At-Large members with specific seat categories.  There are currently four vacancies on the Board.  A memo dated March 11, 2016, was circulated to the Board of County Commissioners requesting support of Mr. Dennis Martin’s appointment to fill one vacancy and requesting additional nominees.  Mr. Martin will be replacing Cathy-Alice Koyanagi, whose term was scheduled to expire September 30, 2017.  Mr. Martin is employed by the Area Agency on Aging (AAA).  The AAA has entered into contracts with the County for the provision of services, including transportation services through Palm Tran Connection.  The PTSB does not have contractual oversight over the County’s contracts with AAA and is not a purely advisory board.  In accordance with Section 2-443 of the Palm Beach County Code, and Commission on Ethics Opinion RQO 14-039, Mr. Martin disclosed the contractual relationship in his application to the Palm Tran Service Board (PTSB).  With the addition of the one nominee, the PTSB would have ten seats filled. The diversity composition, including the new appointment, would be Caucasian: 7 (70%), African-American: 2 (20%) and Multicultural: 1 (10%).  The gender ratio (male: female) would be 8:2.  For the three remaining vacancies, Palm Tran staff will conduct targeted outreach in an effort to proffer candidates for appointment that will improve the diversity composition of the Board. Countywide (DR)

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file:  Summer Food Service Program for Children Authorized Signature Form with the Florida Department of Agriculture and Consumer Services, Food, Nutrition and Wellness (DACS) for the period beginning January 1, 2016, through December 31, 2016.  Summary:  The Summer Food Service Program for Children Authorized Signature Form (Form) has been fully executed on behalf of the Board of County Commissioners (Board) by the Director of Youth Services, in accordance with Resolution R2014-0910.  DACS requires the updated Form, for the County to operate the Summer Food Service Program (Program) and to be authorized to submit claims for the FY 2016 Program.  On August 14, 2012, the Board ratified the Mayor’s signature on a permanent Agreement (R2012-1089), with DACS for the Program.  This year’s meal service period is from June 6, 2016, through August 12, 2016 in the amount of $668,440.  No County match is required. Countywide (HH)

 

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a High Intensity Drug Trafficking Area (HIDTA) Program grant in the amount of $149,548 for the Palm Beach Narcotics Task Force, for the period of January 1, 2016, through December 31, 2017; and

 

B) approve a Budget Amendment of $149,548 in the Sheriff’s Grant Fund.

 

SUMMARY: On March 7, 2016, the Palm Beach County Sheriff’s Office (PBSO) received an award from the Office of National Drug Control Policy. The funds will be used for overtime reimbursement and other expenses associated with the Palm Beach Narcotics Task Force. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (DC)

 

 

2.         REVISED TITLE: Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Federally-Funded Subgrant Agreement for a FY15 State Homeland Security Grant Program II in the amount of $114,804, for the period of February 17, 2016 through December 31, 2017 2016; and

 

B) approve a Budget Amendment of $114,804 in the Sheriff’s Grant Fund.

 

SUMMARY: On March 1, 2016, the Palm Beach County Sheriff’s Office (PBSO) received a FY15 State Homeland Security Grant Program II award from the State of Florida, Division of Emergency Management.  These funds will support the equipment needs of our specialty law enforcement teams. There is no match associated with this award.  No additional positions are needed and no additional County funds are required. Countywide (DC)

 

 

3.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Memorandum of Agreement between the Palm Beach County Sheriff’s Office and the Early Learning Coalition of Palm Beach County in the amount of $81,609, for the period of May 1, 2016, through December 31, 2016; and

 

B) approve a Budget Amendment in the amount of $81,609 in the Sheriff’s Grant Fund.

 

SUMMARY: On March 17 2016, the Early Learning Coalition of Palm Beach County (Coalition) entered into a Memorandum of Agreement with the Palm Beach County Sheriff’s Office (PBSO) to provide law enforcement investigative services at the Coalition funded through Federal Child Care & Development Block Grant Trust funds pass-through from the State of Florida, Department of Education, Office of Early Learning.  There is no match associated with this award. No additional positions are needed and no additional County funds are required. Countywide (DC)

 


APRIL 19, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

DD.     SUPERVISOR OF ELECTIONS

 

1.         Staff recommends motion to approve: Precinct boundary changes submitted by Susan Bucher, Supervisor of Elections, as required by section 101.001(1), Florida Statutes.  SUMMARY:  Precinct boundary changes as indicated. Countywide (DW)

 

 

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


APRIL 19, 2016

 

 

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

 

 

A.        Staff recommends motion to approve: Change of name from ABM Security Services, Inc. d/b/a Elite Protection Services to Universal Protection Service, LLC, and issue a new “Special Secondary Service” Certificate of Public Convenience and Necessity (COPCN).  SUMMARY: ABM Security Services, Inc. d/b/a Elite Protection Services currently provides Advanced Life Support (ALS) first response non-transport services as part of their security services to Admiral’s Cove, BallenIsles, Delaire Country Club, Frenchman’s Creek, and Mirasol Country Club. ABM Security Services, Inc. d/b/a Elite Protection Services has undergone new ownership and requires a new COPCN for all the areas that they service. A Public Hearing Notice was published in the Palm Beach Post on April 9, 2016. Countywide (DC)

 

 

B.        Staff recommends motion to:

 

1) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, confirming the Special Assessment Roll for the Tangerine Boulevard Water Main Extension (Project); and

 

2) approve Work Authorization No. 28 to Johnson-Davis, Inc., under the Water Utilities Department (WUD) Continuing Construction Contract (R2013-0550) in the amount of $23,515.20.

 

Summary:  Petitions in favor of the installation of a potable water main were received by WUD for 100% of the property owners in the Tangerine Boulevard Project area. The petitions were considered and approved at the regular meeting of the Board of Supervisors of the Indian Trails Improvement District (ITID) on June 10, 2015. The Project will serve two residential properties currently on private wells. Individual assessments of $11,860.27 per parcel will be assessed based on 90% of the total estimated cost of the Project, pursuant to the terms of the agreement between the County and ITID, in which the County committed to allocate $500,000 to provide financial support for up to 10% of the final cost for assessment projects within the legislative boundaries of the ITID. WUD has encumbered and expended a total of $273,327.59 for previous ITID assessment projects. The assessment is payable over a 20-year time period in equal annual payments of principal and 5.5% interest. The total assessable cost of the Project is $26,356.16 and includes the costs of surveying, design, drafting, permitting, construction, inspection, administration, and construction contingency, as well as the 10% financial support payment dictated by WUD’s contract with ITID. Work Authorization No. 28 will provide for the construction of Project. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Johnson-Davis, Inc. provides for SBE participation of 20.96%. This Authorization includes 22.79% overall participation. The cumulative SBE participation is 18.24% overall. If the actual cost of the Project exceeds the total assessable cost, the difference will be covered by WUD. (WUD Project No. 15-076) District 6 (MJ)

 


APRIL 19, 2016

 

 

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 designated as the Palm Beach County Parks and Natural Areas Trespass Ordinance; providing for a short title; providing for definitions including criteria on when a trespass notice may be issued; providing for authorization to issue trespass notices; providing for appeal of trespass notices; providing for inclusion in the code of laws and ordinances; providing for repeal of laws in conflict; providing for severability; providing for enforcement; providing for penalty; providing for captions; and providing for an effective date. Summary:  The proposed Ordinance, to be known as the Palm Beach County Parks and Natural Areas Trespass Ordinance, had an initial reading on April 5, 2016 and was advertised for a public hearing at today’s Board of County Commissioners meeting.  The Ordinance will provide a procedure to temporarily enjoin persons found violating certain County ordinances, rules or regulations; certain State laws; or notices contained on a posted sign from returning to county parks or natural areas identified in a Trespass Notice.  If an individual is found violating any Applicable Local Law or any Applicable State Law as defined in Section 2 of the Ordinance, a Trespass Notice may be issued by any law enforcement officer acting within his/her jurisdiction.  An alleged violator may appeal a Trespass Notice within 10 days of issuance by filing a request for appeal and paying a $20 fee and will be afforded a hearing before a Palm Beach County special magistrate. If the Trespass Notice is not appealed or the County prevails in an appeal, the violator will be enjoined from returning to specified County-owned and/or managed parks and/or natural areas for one year for a first violation, five years for a second violation and ten years for a subsequent violation. Countywide (SF)

 

 


APRIL 19, 2016

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

D.        REVISED BACKUP: Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida,  amending Chapter 19, Article IX (Ordinance No. 2008-43) as amended relating to Vehicles for Hire, amending Section 19-211 (short title; applicability); amending Section 19-213 (definitions); amending Section 19-214 (compliance with article required); amending Section 19-215 (advertising); amending Section 19-216 (reserved) adding new title vehicle for hire operational requirements; amending Section 19-217 (reciprocity); amending Section 19-218 (business permit application); amending Section 19-219 (records required); amending Section 19-220 (vehicle requirements); amending Section 19-221 (vehicle decal requirements); amending Section 19-222 (impoundment); amending Section 19-223 (vehicle safety and appearance requirements); deleting Section 19-224 (non-medical wheelchair and stretcher transportation service companies operational requirements); deleting Section 19-225 (vehicle inspections); amending Section 19-226 (commercial automobile liability insurance); amending Section 19-227 (driver requirements; failure to comply); deleting Section 19-228 (fraudulent transfer of vehicle for hire company); amending Section 19-229 (revocation, suspension and denial of permits/I.D. badges; administrative appeal); amending Section 19-230 (enforcement); amending Section 19-231 (violations); amending Section 19-235 (start-up); deleting Section 19-238 (jurisdiction); providing for repeal of laws in conflict; providing for a savings clause;  providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing an effective date. SUMMARY: On April 5, 2016, the Board of County Commissioners (BCC) held a preliminary reading of the amended Vehicle for Hire Ordinance.  At that meeting, the BCC concurred with the staff recommended changes and directed staff to include provisions allowing any vehicle for hire driver the option of getting a level II background check through the Division of Consumer Affairs and, upon approval, be issued a Palm Beach County badge. The Board also directed that fee reductions be provided to incentivize level II background checking and ID issuance by the Department of Consumer Affairs. The revised ordinance recommended for adoption and a modified fee schedule being presented in a separate agenda item accomplish the Board direction.  The proposed ordinance: 1) applies to the unincorporated and incorporated areas of Palm Beach County; 2) groups industry into two categories taxis and non-taxis; 3) modifies vehicle identification requirements to allow for vehicle trade dress or Division of Consumers Affairs (DCA) issued decal; 4) modifies insurance language to require policies in accordance with Florida Law; 5) allows alternative identification (i.e. digital platform) or an ID badge to be issued by the DCA; 6) allows all vehicle for hire companies to conduct their own comprehensive nationwide background checks through an accredited agency or the DCA can conduct a Level 2 background check for any driver; and 7) allows the DCA to conduct bi-annual audits of records maintained by all vehicle for hire companies. Countywide (JB)

 

 

 

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APRIL 19, 2016

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida approving the CareerSource Palm Beach County (CSPBC) Fiscal Year 2016-2017 Budget in the amount of $13,900,114 for its programs under Public Law 113-128, enacted by Congress effective July 1, 2015 which Act is known as the Workforce Innovation and Opportunity Act (WIOA) of 2014;

 

B) approve a waiver from the Statutory Individual Training Account (ITA) requirement; and

 

C) approve First Amendment to the Contract to Administer Grant Funds with CSPBC.

 

Summary:  On December 16, 2014, the Board of County Commissioners approved a Contract to Administer Grant Funds (Contract) (R2014-1894) with CareerSource Palm Beach County (CSPBC) which services include the design, coordination, and implementation of the local workforce development system for Palm Beach County. CSPBC receives Federal funding through the State Department of Economic Opportunity (DEO).  Funds are received by the DEO from the U.S. Department of Labor, U.S. Department of Health & Human Services, and the U.S. Department of Agriculture. These are formula funds which are based on the Federal budget and the local population statistics. Article 2 of the Contract provides that the Contract is automatically renewed unless the County gives written notice to CSPBC of non-renewal at least 120 days prior to the July 1 annual renewal date. The First Amendment makes certain changes to language of the contract to bring the language current with County requirements.  The Fiscal Year 2016-2017 Budget, in the amount of $13,900,114, includes the following revenue sources: $10,684,282 from the U.S. Department of Labor; $2,504,100 from the U.S. Department of Health & Human Services for Temporary Assistance for Needy Families; $503,400 from the U.S. Department of Agriculture for the Supplemental Nutrition Assistance Program; and $208,332 from Palm Beach State College.  CSPBC is requesting a waiver of the statutory Individual Training Account requirement from CareerSource Florida. Approval for a waiver is necessary to ensure that overall services to participants are not reduced.  The DEO requires at least 50% of the Adult and Dislocated WIOA funds to be spent on individual training activities. Due to continued decrease in funding, CSPBC is concerned that the 50% criteria may not be met and as a result is requesting a waiver from the requirement. Although a waiver will be sought, CSPBC will strive to meet the 50% requirement. The Budget and request for Training Waiver was approved by the CareerSource Board of Directors on February 25, 2016 and was approved by the Consortium on March 30, 2016. Countywide (HH)


APRIL 19, 2016

 

 

5.         REGULAR AGENDA

 

 

 

 

 

PAGE LEFT BLANK INTENTIONALLY


APRIL 19, 2016

 

 

5.         REGULAR AGENDA

 

 

            B.        CLERK & COMPTROLLER

 

                        1.         Proclamation declaring May 2016 as “Juror Appreciation Month” in Palm Beach County. (Sponsored by Mayor Berger)                   

             

 

                        2.         DELETED: Staff recommends motion to receive and file: Presentation of the Palm Beach County Comprehensive Annual Financial Report for fiscal year ending September 30, 2015.  SUMMARY:  The Clerk & Comptroller’s office will provide a year-end financial review based on the Palm Beach County Comprehensive Annual Financial Report (CAFR) for FY 2015. (Time: 30 min.) Countywide (DN)

 

 

C.        Community Services

 

1.         Staff recommends motion to approve:

 

A) Amendment No. 8 to Contract for Provision of Services with Adopt-A-Family of the Palm Beaches, Inc. (R2012-0613), for the period October 1, 2015, through September 30, 2016, to increase funding for hotel placement to homeless families by $200,000 for a new contract amount of $1,519,099, with a total contract amount not to exceed $5,683,809; and

 

B) Budget Transfer of $200,000 from the General Fund Contingency Reserve to the Human Services Division to increase program funding.

 

Summary:  The Senator Philip D. Lewis Center (Lewis Center) serves as the main point of access for homeless services in Palm Beach County.  Adopt-A-Family of the Palm Beaches, Inc. (Adopt-A-Family) provides family engagement, temporary hotel placement, rapid re-housing placement, ongoing support and navigation at the Lewis Center.  To date, 74 families (102 adults & 164 children) with the highest acuities and the greatest number of barriers have been provided hotel placement.  The scarcity of affordable housing and the barriers families are encountering has lengthened the time from hotel placement to permanent housing.  Adopt-A-Family has expended the entirety of the $123,583 in hotel funding (in four months).  The Budget Transfer will fund the increased service need. (Human Services) Countywide (HH)

 

 

D.        PUBLIC SAFETY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida repealing and replacing Resolution No. R2014-1221 and enacting a new schedule of fees and fines for the Vehicle for Hire Ordinance. SUMMARY:  This Resolution provides for adoption of an updated fee and fine schedule in accordance with the provisions of the Vehicle for Hire Ordinance, Palm Beach County Code, Chapter 19, Article IX.  The update is necessary to implement Ordinance changes scheduled for adoption on April 19, 2016 and to incorporate fees for all vehicle for hire companies.  In accordance with Board direction provided on April 5, 2016, fee reductions have been provided to incentivize level II background checks and ID issuance by the Division of Consumer Affairs. Countywide (JB)

 


APRIL 19, 2016

 

 

5.         REGULAR AGENDA

 

 

E.        ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida approving the Local Housing Assistance Plan (LHAP) as required by the State Housing Initiatives Partnership (SHIP) Program Act, Subsections 420.907 - 420.9079, Florida Statutes, and Rule Chapter 67-37, Florida Administrative Code; authorizing and directing the County Administrator to execute any necessary documents and certifications needed by the State; authorizing the submission of the LHAP for review and approval by the Florida Housing Finance Corporation (FHFC); and providing an effective date.  SUMMARY:  Palm Beach County has participated in the SHIP Program since 1993.  The State requires that Palm Beach County submit a LHAP to FHFC every three years.  The proposed LHAP, which is due May 2, 2016, covers Fiscal Years 2016-2017, 2017-2018, and 2018-2019. The State currently revised the LHAP template and directed entities to concentrate on the primary goals of the governing body. Due to the success of the County’s strategies to protect, preserve and increase the County’s affordable housing stock, no substantive changes are being recommended. The LHAP reflects the new eligible income levels up to 140% area median income. The changes in State SHIP income levels to 140% align the County’s affordable housing and workforce housing goals. The LHAP includes the following strategies: purchase assistance, first mortgage loans, housing rehabilitation, emergency repairs, replacement housing, disaster mitigation, foreclosure prevention, rapid rental housing entry assistance, developer assistance rental housing, and veterans homeownership and preservation program.  The Veteran’s Homeownership and Preservation Program was modified to increase eligible income levels from 0-80% to 0-140% area median income. These are State SHIP funds which require no local match. Countywide (JB)

 

 

2.         DELETED: Staff recommends motion to conceptually approve: the conveyance of the County’s interest in 18 single family lots (in the Brook’s Subdivision) to Habitat for Humanity of Palm Beach County, Inc. (Habitat), in partnership with Riviera Beach Community Development Corporation, Inc. and Habitat Housing Solutions, Inc., without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration. Summary: On September 9, 2008, the Board of County Commissioners approved a Conditional Grant Agreement with Brook’s Subdivision, LLC (Brook’s) which provided $700,000 in State Housing Initiatives Partnership (SHIP) funding for site/property acquisition ($600,000) and construction costs ($100,000) for 18 single family homes that were to be sold to very low, low, and moderate income households.  The default provisions of the Conditional Grant Agreement required the 18 SHIP assisted homes to be built and sold to eligible homebuyers by December 31, 2010.  Brook’s failed to construct any of the homes.  On February 7, 2014, the County initiated action to foreclose on the property.  The Final Judgment of Foreclosure was entered by the Court on February 11, 2016.  A site plan approval has been obtained from the City of Riviera Beach and supporting infrastructure including water, sewer, lighting and roadways is substantially complete.  Habitat has agreed to raise 100% of the construction costs to build 18 homes, submit for building permits within six months of transfer and complete all units and have them occupied within 30 months of transfer.   Under the Habitat model, all units will remain affordable for income ranges between 30% and 80% of the average median income.  The County has had long term success with Habitat on projects such as Westgate Village, Kennedy Estates I and Kennedy Estates II.  Habitat’s affiliate developer, Habitat Housing Solutions, Inc., and the Riviera Beach Community Development Corp., Inc. are County/DES certified Community Housing Development Organizations. Staff is recommending approval based on the fact that the partnership will help strengthen the local economy, increase homeownership and play a role in helping to relieve the County’s shortage of affordable housing options.  This disposition must be approved by a supermajority vote (5 Commissioners). District 7 (JB)

 

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APRIL 19, 2016

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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APRIL 19, 2016

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


APRIL 19, 2016

 

 

8.         COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE, VICE MAYOR

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA

 

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS

 

 

 

 

 

 

E.        District 5 - COMMISSIONER MARY LOU BERGER, MAYOR

 

Request approval to present off-site, a Proclamation declaring May 4, 2016 as “Yom Hashoah Remembrance Day” in Palm Beach County.

 

 

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."