August 16, 2016 – 9:30 A.M.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
AUGUST 16, 2016
PAGE ITEM
8 2C-4 ADD-ON: Certificate of Special
Recognition to Lynn Loredo. (Sponsored by Commissioner Burdick)
28 3I-1 REVISED SUMMARY: Staff recommends
motion to approve: Consent for Alexandra Ritchie, a Palm Beach
County Clerk & Comptroller employee,
to receive State Housing Initiatives Partnership (SHIP) funds under the Purchase
Assistance Program as administered by the Department of Economic Sustainability
(DES). SUMMARY: Alexandra Ritchie is an income eligible applicant who is seeking
to receive $42,500 $10,050 in a forgivable second mortgage under the Purchase Assistance
Program. Funding
availability for the Program was posted on the DES website and advertised in
the Palm Beach Post on February 21st and 24th, 2016. Applicants are funded on a first qualified,
first approved basis as long as funds are available. Ms. Ritchie, who applied for assistance on
April 13, 2016, has been employed by the Palm Beach County Clerk &
Comptroller as a Court Specialist III since April 2015. She is seeking to purchase a home at 2772 Cambridge Road in Lake Worth. The purchase price of the home is $210,000
and it has appraised at $210,000. It
contains 1,400 square feet with two bedrooms and two bathrooms. Ms. Ritchie’s
minimum contribution will be $7,350, which meets the required three and
one-half percent (3.5%) of the purchase price.
The first mortgage of $168,000 $200,000, to be provided by
BB&T Home Mortgage, will be for 30 years at a 3.75% interest. The County’s second mortgage of $42,500
$10,050 will be a deferred loan that
is forgiven at the end of 30 years as long as the home remains the homeowner’s principal place of residence. If the homeowner rents,
sells, or otherwise conveys the home during the 30 years, the entire principal
amount will become due and payable. These
are State SHIP funds which require no local match. District 3 (JB) (DES)
47 4C-1 REVISED MOTION: Staff recommends
motion to adopt continue to September 27, 2016 at 9:30 a.m.: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida
establishing a community development district over the real property legally
described on Exhibit “B” to this Ordinance comprising of approximately 203.54
acres: naming of the initial members of the board; establishing the naming of
the district as Gulfstream Polo Community Development District; designating the
purpose of the district; designating the powers of the district; providing for
severability; providing for repeal of laws in conflicts; and providing for an
effective date. (PZB)
48 5A-2 ADD-ON, TIME CERTAIN 1:15 P.M.: Executive Session scheduled for 1:15 p.m. in the
McEaddy Conference Room to discuss collective bargaining with the Professional
Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (CLOSED SESSION)
48 5A-3* ADD-ON:
Staff recommends motion to:
A)
Approve
a Budget Transfer of $950,000 from the General Fund Contingency Reserves to the
Public Building Improvement Fund;
B)
Approve
a Budget Amendment in the amount of $950,000 in the Public Building Improvement
Fund to recognize the funds from the General Fund; and
C)
Authorize
the County Administrator to agree to serve as Adopt-A-Family of the Palm
Beaches nominee and to execute a contract for the purchase of improved real
property at 1318 Henrietta Avenue; 1320 Henrietta Avenue; 549 Palm Beach Lakes
Blvd.; and 559 Palm Beach Lakes Blvd. (the “Facility”) owned by The Center for
Family Services of PBC, Inc., to continue operations of the emergency homeless
shelter contingent upon satisfactory completion of all standard due diligence
investigations and receipt of appraisals valuing the property at not less than
$863,637 so that the $950,000 purchase price is not more than 110% above
appraised value.
SUMMARY: The Center for Family
Services (“CFS”) acquired this property in 2001 and has operated an emergency
homeless shelter specifically for families under the Responding to Emergencies
and Altering the Crisis of Homelessness (“REACH”) program. Recently, CFS discontinued its operations
which were taken over by Adopt-A-Family of the Palm Beaches (“AAF”), a County
Funded Agency pursuant to R2015-1436. AAF has been operating the Facility,
which includes 19 apartment units and administrative offices, under a month to
month lease with CFS while CFS has been marketing the property for sale. The
lease provides AAF with a right of first refusal to purchase the Facility upon
the same terms and conditions as offered by a 3rd party purchaser. CFS has entered into a contract for sale of
the property for $950,000 and has triggered AAF’s right of first refusal. The Property Appraiser’s assessed value is
$945,645. AAF is willing to continue to
operate the REACH Program and to exercise its right of first refusal to
purchase the Facility, conditioned upon the County
agreeing to act as AAF’s nominee, funding the purchase price and accepting
title to the Facility. Staff will
complete all standard due diligence, including appraisals, and Staff is
recommending that the Board authorize the County Administrator, in the exercise
of her reasonable discretion and upon condition that the appraisals value the
Facility at not less than $863,637, to enter into a contract for purchase of
the Facility upon terms substantially equivalent to those contained in the
Commercial Contract drafted for the 3rd party purchaser. Pursuant to the terms
of the Commercial Contract, the County will be required to provide a deposit of
$95,000 which is refundable only if the due diligence investigations do not
support the purchase. If the appraisal
is not greater than $863,637, Staff will return to the Board for direction on
continuing with the purchase and if the BCC determines not to proceed with the
purchase, the County will forfeit the deposit.
Despite the potential risk associated with the loss of the deposit,
Staff recommends proceeding due to: 1) the importance of having these units
available as the last safety net for approximately 90 families annually; 2)
$95,000 being approximately equal to only 2 months of costs to the County for
alternate emergency shelter accommodations in the event these units are not
available; and 3) very small likelihood of replacing these units on a permanent
basis for less than 18-24 months. In addition, PPM CW-L-023 requires Staff to
disclose any procedural variation from the requirements of the PPM. The variations that apply here include; 1)
the item not being placed on the agenda 14 days in advance of the meeting. This item must be approved by a
supermajority vote (5 votes), and 2) the use of an alternate source selection –
emergency as defined in the PPM. (Administration) Countywide/District 7
(HF)
53 8C* ADD-ON: Certificates of Special Recognition presented to:
Brett Slew, Deputy Teresa Grimaldi and Tyler Gray. (Sponsored by Commissioner
Vana)
53 8G ADD-ON: Request approval to present
off-site, a Proclamation recognizing the Power Evangelism Ministries – 10th
Anniversary Celebration. (Sponsored by Commissioner Taylor)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
AUGUST 16, 2016
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 8)
3. CONSENT
AGENDA (Pages 9 - 45)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 46 -
47)
5. REGULAR
AGENDA (Pages 48 - 50)
6. BOARD
APPOINTMENTS (Page 51)
7. STAFF
COMMENTS (Page 52)
8. COMMISSIONER
COMMENTS (Page 53)
9. ADJOURNMENT (Page 53)
* * * * * * * * * * *
AUGUST 16, 2016
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2C-1 State Representative MaryLynn Magar
2C-2 Taekwondo Day
2C-3 Palm Beach County Chapter of the National
Organization for Women
CONSENT AGENDA
A. ADMINISTRATION - None
B. CLERK & COMPTROLLER
Page 9
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.
3B-5 List of errors, insolvencies, double
assessments, discounts & Value Adjustment Board reductions on the 2015
assessment roll
3B-6 List
of Finance Department records scheduled for destruction
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Corrective County Deed to amend legal
description for a parcel of land known as Gardiner Lane
3C-2 Task Order to annual Civil Contract with
Mock, Roos and Associates, Inc. associated with the 10th Avenue
North and Boutwell Road intersection improvement project
3C-3 Task Order to annual Intersection Improvement
Contract with HSQ Group, Incorporated associated with the 45th
Street and Military Trail intersection improvement project
3C-4 Resolution to support the intersection
improvements planned for Southern Boulevard and Forest Hill Boulevard
Page 11
3C-5 Contract with R & D Paving, LLC for
paving and drainage improvements for Penny Lane (Melaleuca Lane to dead end)
3C-6 Proportionate Share Agreement with Lantana
Development, LLC associated with transportation impacts of the Water Tower
Commons Development project
3C-7 Subordination of utility interests and
agreement for reimbursement with FPL on a parcel of land located on the west
side of Boca Rio Road, north of Via Ancho Road
Page 12
3C-8 Change Order No. 1 with Shoreline Foundation,
Inc. associated with County Road 880 Twenty Mile Bend Slope Protection project
3C-9 Contract with West Construction, Inc. for
construction of the Canal Point Pedestrian Bridge project
3C-10 Grade Crossing Traffic Control Signal Agreement
with South Central Florida Express, Inc. for installation and signal
maintenance at Rogers Road
D. COUNTY ATTORNEY
Page 13
3D-1 Settlement
in PBC Board of County Commissioners v. Safety National Casualty Corporation
E. COMMUNITY SERVICES
Page 14
3E-1 Community Action Advisory Board
appointment/reappointment
Page 15
3E-2 Homeless Advisory Board appointments
AUGUST 16, 2016
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES (Cont’d)
Page 16
3E-3 Amendments/Renewal Agreements related to
several senior services programs
Page 17
3E-4 Contract for Provision of Financial
Assistance with Gulfstream Goodwill Industries, Inc. for training and
employment services
3E-5 Ratify the Vice Mayor’s signature on
Subaward Agreement with the RAND Corporation relative to the Ryan White Program
3E-6 Professional Services Contract with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. to provide education
workshops to assist caregivers
Page 18
3E-7 Ratify the Mayor’s signature on the 2016
Florida Department of Children & Families Homeless Prevention – Temporary
Assistance for Needy Families Grant Application
Page 19
3E-8 Notice of award from the U.S. Department of
Health & Human Services Health Resources and Services Administration
associated with the Ryan White Program
3E-9 Amendment 01 with Adopt-A-Family of the Palm
Beaches, Inc. for operation of Program Reach
F. AIRPORTS
Page 20
3F-1 First
Amendment to Non-Signatory Airline Agreement with WestJet reducing leasehold at
PBIA
3F-2 Signatory Airline Agreement with Bahamasair
Holding Limited, Inc.
3F-3 Signatory Airline Agreement with American
Airlines, Inc.
3F-4 Modification
to Other Transaction Agreement with the Department of Homeland Security related
to improvements for the checked baggage screening system
3F-5 Resolution
adopting a standard form Addendum to Airline Agreement
Page 21
3F-6 Receive
and file two Transportation Network Company Ground Transportation Operating
Permits
3F-7 Change
Order No. 1 with Ranger Construction Industries, Inc. for the Concourse A/B
Commuter Apron and Taxilane Rehabilitation project at PBIA
3F-8 License
Agreement with Delta Air Lines, Inc. for use of space in connection with operations
at PBIA
3F-9 Summary
of fees and charges for standard form Hotel-Motel Courtesy Shuttle Operator
permits at PBIA
Page 22
3F-10 Modification to Other Transaction Agreements with the
Transportation Security Administration relating to HVAC, lighting and
janitorial services at PBIA
3F-11 Joint Participation Agreement with the Florida Department of
Transportation associated with acquisition of a High-Pressure Water Blasting
Truck for PBIA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 23
3G-1 Negotiated
settlement agreement for Code Enforcement Lien against John & Clotilde
Paiva
3G-2 Negotiated
settlement agreement for Code Enforcement Lien against Kelly D. & Kevin
Reed
3G-3 Negotiated
settlement agreement for Code Enforcement Lien against RHA 2, LLC
Page 24
3G-4 Negotiated
settlement agreement for Code Enforcement Lien against Johnny F. Delgado
3G-5 Negotiated
settlement agreement for Code Enforcement Lien against Julio C. Azzaro
Page 25
3G-6 Budget
Amendments/Transfer relating to the issuance of PBIA Series 2016 Revenue
Refunding Bond
3G-7 Extension
of the 2016 tax roll
AUGUST 16, 2016
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 25
3H-1 Contract with West Construction, Inc. for
improvements at Riverbend Park
Page 26
3H-2 Revised Water Service Agreement with the Town
of Jupiter and the South Florida Water Management District for water service to
Riverbend Park
3H-3 Supplement No. 1 with Architecture Green, LLC
related to the Osprey Point Golf Course Pro Shop renovation, Café addition and
site modifications
3H-4 Agreement with JFK Medical Center Limited
Partnership for use of the Public Safety Radio System
Page 27
3H-5 License Agreement with Hive Home, Inc. for
use of a County-owned alley off Palm Street
3H-6 Second Modification of Deed Restrictions for
5.57 acre parcel located south of Pioneer Road conveyed to KidSanctuary Campus,
Inc.
3H-7 First Amendment with City of Lake Worth for
expansion of an easement across a portion of John Prince Memorial Park
I. ECONOMIC SUSTAINABILITY
Page 28
3I-1 Consent
for Alexandra Ritchie to receive State Housing Initiatives Partnership funds
under the Purchase Assistance Program
J. PLANNING, ZONING & BUILDING
Page 28
3J-1 Building
Code Advisory Board appointment
K. WATER UTILITIES - None
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 29
3L-1 Management
Plan for Pawpaw Preserve Natural Area
3L-2 Receive and file three Adopt-A-Natural
Area Program Agreements
3L-3 Receive and file three Task Assignments
Page 30
3L-4 Interlocal Agreement with the Town of Palm
Beach for continued operation of the Lake Worth Inlet Sand Transfer Plant
3L-5 Grant Agreement with the Florida Department
of Economic Opportunity for the Pahokee Municipal Marina project
Page 31
3L-6 Groundwater &
Natural Resources Protection Board reappointment
3L-7 Interlocal Agreement with City of Pahokee to
use a portion of the Pahokee Municipal Marina property as a staging area
Page 32
3L-8 Resolution requesting the Florida Department
of Environmental Protection to support funding for several County shoreline
protection projects
M. PARKS & RECREATION
Page 32
3M-1 Third
Amendment with the City of Belle Glade for funding of the Belle Glade Marina
project
3M-2 Deleted
3M-3 Addendum
to the Memorandum of Understanding with the National Recreation and Park
Association associated with out-of-school programs
AUGUST 16, 2016
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 33
3M-4 Receive
and file two Sponsorship Agreements
3M-5 Receive
and file six Independent Contractor Agreements and/or amendments
Page 34
3M-6 Receive
and file eleven Entertainment Contractor Agreements
Page 35
3M-7 Budget
Transfer to the R.G. Kreusler Park Lifeguard/Restroom Building project
N. LIBRARY
- None
P. COOPERATIVE EXTENSION SERVICE
Page 35
3P-1 Grant
Application to the Share Our Strength Cooking Matters at the Store tours
Q. CRIMINAL JUSTICE COMMISSION
Page 36
3Q-1 Ratify the Mayor’s signature on a Grant
Application to the U.S. Department of Justice, Edward Byrne Memorial Justice
Assistance Formula Grant Program to fund the Juvenile Reentry Program
Page 37
3Q-2 Ratify Mayor’s signature on Certification of
Participation/Grant Application to FDLE to fund Adult Reentry Program and Law
Enforcement eXchange Program
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 38
3S-1 Receive
and file three Interlocal Agreements for Swimming Lessons
3S-2 Appointment/Reappointment
to the Lantana Firefighters’ Pension Fund Board
Page 39
3S-3 Write-off
of uncollectible emergency transport patient records
3S-4 U.S. Department of Homeland Security Federal
Emergency Management Agency FY 2015 Assistance to Firefighters Grant Agreement
to purchase automatic chest compression devices
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 40
3U-1 Task Orders associated with countywide aerial
image capture and digital orthophoto mapping services
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 41
3X-1 Three Grant Adjustment Notices from the U.S.
Department of Justice, Office on Violence Against
Women
3X-2 First Amendments with two agencies
associated with the Family Drug Court Program
Page 42
3X-3 Contract for Consulting/Professional Services
with Rebecca H. Rhoades for relief veterinary services
AUGUST 16, 2016
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. YOUTH SERVICES
Page 42
3BB-1 Contracts for Professional Services with two
Doctoral Psychology interns
Page 43
3BB-2 Contracts for Professional Services with two
Postdoctoral Psychology residents
CC. INTERNAL AUDITOR
Page 43
3CC-1 Receive and file three audit reports
DD. SHERIFF
Page 44
3DD-1 Financial Assistance Agreement with
the Florida Department of Law Enforcement associated with operation of the Crime
Lab
3DD-2 Donation from the Howard E. Hill
Foundation, Inc. for the FY 2017 Gunfire Detection and Location project
Page 45
3DD-3 Budget Transfer from the Law
Enforcement Trust Fund
PUBLIC HEARINGS – 9:30 A.M.
Page 46
4A-1 Resolution to abandon a portion of the
right-of-way track of South Edgewater Drive
4A-2 Five Year Road Program Ordinance
4B-1 Designation of 4965 Lantana Road as a Brownfield
Area
Page 47
4C-1 Ordinance establishing the Gulfstream Polo
Community Development District
4D-1 Issuance
of a Special Secondary Service Certificate of Public Convenience and Necessity
with Universal Protection Services, LLC to provide advance life support to The
Polo Club of Boca Raton
REGULAR AGENDA
ADMINISTRATION
Page 48
5A-1 Resolution
urging Congress to expedite repairs to the Herbert Hoover Dike
COMMUNITY
SERVICES
Page 48
5B -1 Financially Assisted Agencies Program allocations
AUGUST 16, 2016
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
FACILITIES
DEVELOPMENT & OPERATIONS
Page 49
5C-1 First Amendment to extend the term of the
Concessionaire Service Agreement with Hawkhaven, LLC d/b/a Lazy Loggerhead Café
at Carlin Park
BOARD APPOINTMENTS (Page 51)
STAFF COMMENTS (Page 52)
COMMISSIONER
COMMENTS (Page 53)
ADJOURNMENT (Page 53)
AUGUST 16, 2016
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Presentation of a plaque from the Palm
Beach County Board of County Commissioners in appreciation of State
Representative MaryLynn Magar’s leadership as Chair of the Palm Beach County
Legislative Delegation.
2. Proclamation declaring August 16, 2016
as “Taekwondo Day” in Palm Beach County. (Sponsored by Commissioner Vana)
3. Proclamation recognizing the Palm Beach
County Chapter of the National Organization for Women (PBCNOW). (Sponsored by
Commissioner Burdick)
4. ADD-ON: Certificate of Special Recognition to
Lynn Loredo. (Sponsored by Commissioner Burdick)
* * * * * * * * * * * *
AUGUST 16, 2016
3. CONSENT AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Type Meeting
Date
Zoning April 28, 2016
Regular May 3, 2016
Joint May 10, 2016
Special May 10, 2016
Regular May 17, 2016
Zoning May 26, 2016
Zoning June 23, 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 February 2016. Countywide
5. Staff
recommends motion to approve: list of errors, insolvencies, double assessments, discounts & Value Adjustment
Board reductions on the 2015
assessment roll. SUMMARY: Section 197.492, F.S. - Requires
that on or before the 60th day after the tax certificate sale, the Tax
Collector shall make out a report to the Board of County Commissioners,
separately showing the discounts, errors and double assessments and
insolvencies for which credit is to be given, including in every case except
discounts, the names of the parties on whose account the credit is to be
allowed. The Board of County Commissioners, upon receiving the report, shall
examine it; make such investigations as may be necessary; and, if the Board
discovers that the Tax Collector has taken credit as an insolvent item any
personal property tax due by a solvent taxpayer, charge the amount of taxes
represented by such item to the Tax Collector and not approve the report until
the Tax Collector strikes such item from record. Countywide (PFK)
6. Staff recommends
motion to receive and file: a list of Clerk & Comptroller (Clerk)
Finance Department records which have met the revised required State retention
schedule and are scheduled for destruction. SUMMARY: These records have
met the required retention schedule of the Florida Division of Library and
Information Services {Ch 28.30, Ch 28.31, Ch 257.36
(6)}. Countywide (PFK)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: a Corrective County Deed (Deed) to amend the legal description on a County deed that was filed with an erroneous legal description for a parcel of land known as Gardiner Lane located north of Center Street in Jupiter. SUMMARY: Approval of the Deed will rectify the error made in the previous County deed, which provided approximately 40 additional feet to Gardiner Lane Association, Inc. (Association) and will remove the privately maintained Gardiner Lane limits from the Center Street right-of-way. This action will have no fiscal impact. District 1 (MRE)
2. Staff recommends motion to approve: a Task Order to the annual Civil Contract (R2016-0310) in the amount of $206,641.45 with Mock, Roos and Associates, Inc. (MRA) for professional services for the 10th Avenue North and Boutwell Road Intersection Improvements (Project). SUMMARY: Approval of this Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the annual Civil Contract by MRA is 100%. MRA has proposed 100% participation for this Project. MRA is a Palm Beach County based company and an SBE company. District 3 (MRE)
3. Staff recommends motion to approve: a Task Order to the annual Intersection Improvement Contract (R2014-0892) in the amount of $243,302.63 with HSQ Group, Incorporated (HSQ) for professional services for the 45th Street and Military Trail Intersection Improvements (Project). SUMMARY: Approval of this Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the annual Intersection Improvement Contract by HSQ is 80%. HSQ has proposed 97.19% participation for this Project. HSQ is a Palm Beach County based company and an SBE company. District 7 (MRE)
4. Staff recommends motion to adopt: a Resolution to support the intersection improvements planned for Southern Boulevard (SR-80) and Forest Hill Boulevard, by the Florida Department of Transportation (FDOT). SUMMARY: Adoption of this Resolution will support the planned improvements by FDOT to the intersection of SR-80 and Forest Hill Boulevard to improve traffic capacity by constructing a third westbound left turn lane, and a continuous northbound to eastbound right turn lane. The intersection improvements will require widening of the Forest Hill Boulevard Bridge over the C-51 Canal, which is owned and maintained by Palm Beach County. FDOT’s policy requires all local agencies that have jurisdiction or facilities impacted by planned FDOT improvements to adopt a resolution supporting the planned improvements. District 6 (MRE)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends
motion to approve:
A) a Contract with R&D Paving, LLC (R&D) in the amount of
$454,770.85 for the construction of paving and drainage improvements for Penny
Lane, Melaleuca Lane to the dead end (Project); and
B) Change Order No. 1 to deduct the amount of $92,451.90 from the Contract
with R&D for the construction of the Project.
SUMMARY: Approval of the construction contract will
allow Palm Beach County (County) to issue a notice to proceed to R&D, a Palm Beach County based company, to construct the
Project, which includes roadway pavement, driveway reconstruction and a new
stormwater system. The County’s Small
Business Enterprise (SBE) goal for all projects is 15% overall. The SBE participation proposed for the
Project by R&D is 27.39%. Approval of Change Order No. 1 will delete
pavement components not required for construction from the Contract. District
3 (MRE)
6. Staff recommends
motion to approve: a Proportionate Share Agreement (Agreement) with
Lantana Development, LLC (Developer) for a total minimum proportionate share
payment of $1,844,461.08 associated with the transportation impacts of the
Water Tower Commons Development (Project). SUMMARY: Approval of this
Agreement will commit the Developer to pay, at a minimum, its proportionate
share of $1,844,461.08, if the Developer completes construction of capacity
improvements on Lantana Road within twenty-four months of acquisition of
right-of-way sufficient for that improvement.
If the Developer does not complete construction of this improvement
within the time frame stipulated, the Developer shall pay an additional $436,972.88
(additional payment). This payment, or
developer construction of certain projects, will satisfy countywide traffic
concurrency for the Project located on the north side of Lantana Road between
Andrew Redding Road and North 8th Street (the former A.G. Holly
site). Pursuant to Florida Statutes, Palm Beach County must enter into a
binding agreement with the Developer for the proportionate share of
transportation impacts associated with the Project. This Agreement obligates
the County to extend three existing turn lanes on Lantana Road in the vicinity
of the Project and work with Florida Department of Transportation to accelerate
the Lantana Road/I-95 interchange improvements. District 3 (LB)
7. Staff recommends
motion to approve:
a subordination of utility interests and agreement for reimbursement for
additional facility relocations (Subordination) with Florida Power & Light
Company (FPL) on a parcel of land located on the west side of Boca Rio Road,
north of Via Ancho Road. SUMMARY:
Howell Brothers Family Limited
Partnership (Property Owner) is developing its property at the northwest corner
of Boca Rio Road and Via Ancho Road. As
a condition of a right-of-way construction permit issued by the Palm Beach
County (County) Land Development Division, the Property Owner is providing the
County with additional right-of-way on the west side of Boca Rio Road. The
additional right-of-way to be conveyed is encumbered by an easement in favor of
FPL. Land conveyed to the County is
required to be free and clear of all encumbrances. Approval of the Subordination will
subordinate the FPL easement interest and allow the County to accept the
additional right-of-way. The
Subordination requires FPL to relocate any facilities it may have from the
dedicated right-of-way, when and if requested by the County, and requires the
County to pay for reasonable relocation costs of said facilities, as necessary.
District 5 (MRE)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to approve: Change Order No. 1 to adjust the unit prices to more
closely reflect actual construction, resulting in a decrease of the contract
sum by $1,240,447.48 and a payment of $151,716 to Shoreline Foundation, Inc.
(Contractor) for construction of County Road 880 Twenty Mile Bend Slope
Protection, R2015-0463 (Project). SUMMARY: Approval of Change Order No. 1 will
compensate the Contractor $151,716 for costs associated with the renegotiation
of contract pay item No. 6, channel excavation, and pay item No. 15, sand and
57 stone (50-50 mix), and adjust the final contract amount from $4,064,012.40
to $2,823,564.92 due to quantity underruns in accordance with the contract
documents and federal regulations. Change Order No. 1 is being brought to the
Board of County Commissioners because it exceeds the individual Change Order threshold
referenced in PPM CW-F-050. District 6 (MRE)
9. Staff recommends
motion to approve:
A) a Contract with West Construction, Inc.
(West), in the amount of $811,585, for the construction of Canal Point
Pedestrian Bridge (Project); and
B) a Budget Transfer of $66,827 in the Capital
Outlay Fund from County Community Revitalization Team Recoup Funding for the
Project.
SUMMARY: Approval of
this Contract and Budget Transfer will allow Palm Beach County to issue a
notice to proceed to West, a Palm Beach County based
company, to begin construction of the Project.
The Palm Beach County Small Business Enterprise (SBE) goal for all
projects is 15%, but the responsive bidders cannot be ranked for SBE compliance
for this Project due to federal funding restrictions. District 6 (MRE)
10. Staff recommends
motion to approve: a Grade Crossing Traffic Control Signal Agreement
(Agreement) with South Central Florida Express, Inc. (SCFE) for the
installation and signal maintenance of grade crossing traffic control devices
at the SCFE mainline crossing on Rogers Road, Crossing Number 627737-G
(Crossing). SUMMARY: Approval of the Agreement will allow for
installation and maintenance of grade crossing traffic control devices at the
Crossing. The SCFE will install these
signals at no cost to Palm Beach County (County). The County will then pay 50 percent (50%) of
the costs of signal maintenance fees for this Crossing which is classified as a
Class III crossing. The annual
maintenance cost for a Class III crossing is currently $3,600. District 6
(MRE)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: a settlement proposal in the lawsuit styled Palm Beach County Board of County Commissioners, Plaintiff, v. Safety National Casualty Corporation, Defendant, In The United States District Court, Southern District Of Florida, case number 15-CIV-80262, wherein the Defendant, Safety National Casualty Corporation, has conditionally agreed to pay Palm Beach County $660,000, inclusive of attorney’s fees and costs, to resolve a breach of contract lawsuit. SUMMARY: From 1986 through 1988 Palm Beach County (County) purchased excess workers compensation insurance from Defendant, Safety National Casualty Corporation (Safety National). For the 1988 policy period, the County had a $350,000 SIR (Self Insured Retention), meaning that the County was responsible for paying out the first $350,000 in workers’ compensation benefits, such as indemnity (wages) and medical. As of May 2016, the County has paid out in excess of the SIR approximately $600,726 in worker’s compensation benefits to a former County Fire Rescue employee, Larry Aversano, who was injured on the job while working for the County in 1988. The County requested reimbursement from Safety National. In October 2013, Safety National denied the County’s reimbursement request and the County filed suit in February 2015. In May 2016, the parties attended Court ordered mediation. Subsequently, the parties reached a tentative settlement agreement with the following terms and conditions: 1) The settlement proposal is subject to County approval; 2) Safety National shall pay the County $660,000, inclusive of attorney’s fees and costs; 3) the County shall execute a release in favor of Safety National and dismiss its lawsuit with prejudice. Countywide (AP)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1.
Staff recommends
motion to approve: A) appointment of new member to the Community Action Advisory Board; and B) reappointment of member to the
Community Action Advisory Board:
A) Appoint new member:
Seat No. Appointment Seat
Requirement Term Nominated
By:
4 Armando
Fana Public Sector 08/16/2016-09/30/2019 Comm. Taylor
Representative
B)
Reappoint member:
Seat No. Reappointment Seat
Requirement Term Nominated
By:
13 Theresa
Jackson Representative of 10/01/2014-09/30/2017 Democratically
the
Low-Income selected
in
Boynton
Beach
SUMMARY: The total membership for the Community Action
Advisory Board (CAAB) shall be no more than 15 members, per Resolution No.
R-2014-0588, comprised of one-third elected public officials or their
representatives, one-third private sector members recommended by the CAAB and
one-third low-income representatives selected by a democratic process in the
target neighborhoods served. Members
will fully participate in the planning, implementation and evaluation of the
Community Services Block Grant program to serve low-income communities. The
Resolution requires that CAAB members solicit and recommend Public Sector
member nominations for transmittal to the Board of County Commissioners. The
Board of County Commissioners was notified by memo dated June 20, 2016, and
requested to provide nominations for appointments. Ms. Jackson was duly elected to a second term
on July 29, 2014; however, due to an oversight her name was not submitted to
the Board of County Commissioners at that time.
She has served since her election as a defacto board member. Both Mr.
Fana and Ms. Jackson meet all applicable guidelines and requirements outlined
in the Resolution adopted by the Board of County Commissioners on May 6, 2014. The ethnic makeup of the CAAB, including the
above nominees, consists of eight African-American females, one African-American
male, one Caucasian female, and one Hispanic male. (Community Action Program) Countywide (HH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: appointments to the Homeless Advisory Board, effective August 16, 2016:
Seat No. Appointment Member
Category Nominated By: Term Ending
5 William
Thrasher PBC League of League of Cities
9/30/2019
Cities Representative
14 Linda
Kane Southeast FL Behavioral Community Services 9/30/2019
Health Network, Inc. Department
Representative
SUMMARY: On May 1, 2007, the Board of County
Commissioners (BCC) established the Homeless Advisory Board (HAB) to develop a
Ten-Year Plan to End Homelessness in Palm Beach County (Ten-Year Plan). The
total membership for the Homeless Advisory Board shall be no more than 14 members,
per Resolution No. R2016-0038, comprised of members representing government, business,
providers, advocates, education, faith-based and the formerly homeless. Members representing the Continuum of
Care and the homeless community are essential to the work of this board. Ms.
Kane has disclosed that she is employed by Southeast Florida Behavioral
Health Network, Inc. which contracts
with the County for services. The HAB provides no regulation,
oversight, management, or policy setting recommendations regarding contracts.
Disclosure of this contractual relationship is being provided in accordance
with the provision of Sect. 2-443 of the Palm Beach County Code of Ethics. The
ethnic makeup of the HAB, including the above nominees, consists of four Caucasian
males, two African-American males, one Hispanic female, one Native-American
female, one African-American female and three Caucasian females. (Human Services) Countywide (HH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to:
A)
receive and file:
1. Amendment 001 to Standard Agreement No.
IU016-9500 (R2015-1608) for Nutrition Services Incentive Program (NSIP) with
the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the
period October 1, 2015, through September 30, 2016, to amend, revise and
replace portions of the standard agreement and increase the total funding by
$5,384, to provide effective delivery of nutritious meals to older individuals;
and
2. Amendment
001 to Standard Agreement No. IR015-9500 (R2015-1446) for Respite for Elders
Living in Everyday Families (RELIEF) with
the AAA, for the period July 1, 2015, through June 30, 2016, to revise portions
of the standard agreement and increase overall total funding by $36,020, to offer a volunteer-based program providing
in-home respite to caregivers of frail, homebound elders.
B) approve:
1. Renewal
Agreement IR015-9500 (R2015-1446) for Respite for Elders Living in Everyday
Families (RELIEF) with the AAA, for the period July 1, 2016, through June 30,
2017 not to exceed $138,600, to provide a volunteer based program providing
in-home respite to caregivers of frail, homebound elders; and
2. Amendment 003 to Standard Agreement No.
IP015-9500 (R2015-1449) for the Emergency Assistance for the Elderly Program
(EHEAP) with AAA, for the period April
1, 2016, through March 31, 2017, to renumber sections, revise, replace, add,
delete portions of the standard agreement, to provide home energy assistance to
seniors.
C)
approve Budget Amendment of $146,460 in the DOSS
Administration Fund to align the budget with the actual grant award.
SUMMARY: Grant adjustments are made during the contract year to align services with
need. These Amendments and Agreements
outline funding allocations for NSIP/ RELIEF/EHEAP agreement periods. NSIP
Amendment No. 001 and RELIEF Amendment 001 were executed by the County
Administrator in accordance with Resolution R2013-0242, which delegated
authority to the County Administrator, or designee, to sign documents related
to Division of Senior Services (DOSS)/AAA grant amendments. These receive and file items are being
submitted in accordance with Countywide PPM CW-O-051 to allow the Clerk’s
Office to note and receive the executed Amendments. Required County match funds are included in
current budget. (DOSS) Countywide except for portions of Districts 3,
4, 5 & 7 south of Hypoluxo Road (HH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to receive and file: Contract for Provision of Financial Assistance with Gulfstream Goodwill
Industries, Inc., for the period June 1, 2016, through September 30, 2016, in
an amount totaling $50,000 to provide training and employment services for up
to 45 qualified clients. SUMMARY: On April 2, 2013,
the Board of County Commissioners (BCC) approved a list of pre-qualified public
and non-profit agencies to provide various training services for the Community
Services Department (Agenda Item 3.E.6). Gulfstream Goodwill Industries, Inc. (GGI) has been selected to provide
employment skills training and job placement services to 45 qualified clients. The training funds are provided by the
Community Service Block Grant. Qualified Clients must be residents of Palm
Beach County and meet the Federal Poverty Guidelines. This Contract was
executed by delegated authority. On April 2, 2013, the BCC authorized the
County Administrator, or designee to execute contracts for this purpose. This Contract
is being submitted in accordance with Countywide PPM CW-O-051 to allow the
Clerk’s Office to note and receive this item. No County funds are required. (Community
Action Program) Countywide (HH)
5. Staff recommends
motion to ratify: signature of the Vice Mayor on Subaward Agreement
No. 9920160083 Addressing HIV CARE Project with the RAND Corporation, for the
period May 13, 2016, through August 31, 2016, in an amount not to exceed
$82,950, to continue improving health outcomes for persons living with HIV
Spectrum Disease. SUMMARY: On March 1, 2016,
the Board of County Commissioners ratified the Ryan White Part A, Data
Integration Grant with the RAND Corporation (R2016-0239).
A Subaward Agreement was received from the RAND Corporation issuing a grant
amount of $82,950. The total
anticipated award is $317,365, of which $82,950 is being requested in the first
grant funding period beginning May 13, 2016, through August 31, 2016. The grant
award will continue through two subsequent twelve month funding cycles. The
Addressing HIV CARE Project is a collaboration between
Palm Beach County Community Services Department and the City of West Palm
Beach, Department of Housing and Community Development. The funding provides
support to integrate data management systems between the Ryan White Part A and
Housing Opportunities for Persons with AIDS (HOPWA) programs. The funds will
improve the delivery of medical and housing services, improve health outcomes,
coordinate service delivery, and quality management through improved data
infrastructure for homeless HIV-positive clients. The emergency signature process
was utilized because there was not sufficient time to submit the agreement
through the regular Board of County Commissioner’s agenda process. No County
match is required. (Ryan White) Countywide (HH)
6. Staff recommends
motion to approve: Professional Services Contract with the Area Agency on Aging of Palm Beach/Treasure
Coast, Inc. (AAA), for the period
August 16, 2016, through December 31, 2018, for a total amount not to exceed $14,850,
to provide education workshops to assist caregivers in providing support
to seniors. SUMMARY: The Division of Senior Services (DOSS) is
collaborating with AAA to
provide Powerful Tools for Caregivers education workshops to assist caregivers
in providing support to loved ones. Powerful Tools for Caregivers is a six-week
evidence-based education program for family caregivers to improve self-care
behaviors, management of emotions, self-efficacy and use of community
resources. The services provided under
the contract are separate from any other commitment previously made between AAA
and DOSS. No County funds required. (DOSS) Countywide (HH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends
motion to:
A) ratify signature of the Mayor on the 2016 Florida Department of Children and
Families Homeless Prevention-Temporary Assistance for Needy Families (TANF)
Grant Application, for a period not to exceed June 30, 2017, in the amount of
$70,000 for homeless prevention services for families; and
B) delegate signature authority to the County
Administrator, or designee, to sign the 2016 Florida Department of Children and Families Homeless Prevention Grant
Contract and any required forms for an amount up to $70,000; and
C) delegate signature authority to the County
Administrator, or designee, to sign the subcontract with Farmworker
Coordinating Council of Palm Beach County, Inc., for a period not to exceed June 30, 2017, in an amount up to $70,000 for
homeless prevention services.
SUMMARY: In 2013, the Florida Legislature created the
Homeless Prevention Grant program to provide emergency financial assistance to
families facing the loss of their housing due to a financial crisis. In accordance with Section 420.624, Florida
Statutes, the grant application must be submitted by the Lead Agency for the
Continuum of Care. Human Services serves
in this capacity for Palm Beach County.
If awarded the grant, the funding will be sub-contracted with Farmworker
Coordinating Council of Palm Beach County, Inc. to provide financial
assistance, such as rental and utility assistance for 30 families. Annie L. Monroe of Farmworker Coordinating
Council of Palm Beach County, Inc. serves on a county advisory board, the
Farmworker Program Advisory Board. This
board provides no regulation,
oversight, management, or policy-setting recommendations regarding the agency
listed above. Disclosure of this contractual relationship at a duly noticed
public meeting is being provided in accordance with the provisions of Sect.
2-443, of the Palm Beach County Code of Ethics.
All funds must be expended no
later than June 30, 2017. Follow up
services must be continued through June 30, 2018. The emergency signature process was utilized
because there was not sufficient time to submit the agreement through the
regular Board of County Commissioner’s agenda process. No County match funds are required.
(Human Services) Countywide (HH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
8. Staff recommends
motion to:
A) receive and file Notice of Award
No. 6 H89HA00034-23-01 from the U.S. Department of Health and Human Services,
Health Resources and Services Administration (HRSA), for the period March 1,
2016, through February 28, 2017, to increase total funding by $3,452,932, for a
new total grant amount not to exceed $7,642,142, for new and existing programs
to continue improving health outcomes for clients; and
B) approve Budget Amendment of $3,282,857 in the Ryan
White Care Program Fund to align the budget to actual grant award.
SUMMARY: A final notice of
award was received on May 18, 2016 from HRSA, issuing remaining funding for the
current grant year in the amount of $3,452,932. The total grant award for Grant
Year 2016, including this grant award is $7,642,142. On December 15, 2015, the
Board of County Commissioners ratified the Mayor’s signature on the Ryan White
Part A HIV Emergency Relief Grant Program application
(R2015-1754). These funds will provide
for new programs and maintain all existing programs, increase funding for
health insurance premiums, deductibles and co-payments. The grant will allow
Community Services to continue providing needed medical and support services to
Palm Beach County residents living with HIV/AIDS. No County match is
required. (Ryan White) Countywide
(HH)
9. Staff recommends
motion to approve: Amendment 01 to Contract for Provision of
Services with Adopt-A-Family of the Palm Beaches, Inc. (R2015-1244), for the
period October 1, 2015, through September 30, 2016, increasing funding by
$35,183 for a new total contract amount not to exceed $208,671 for the
operation of Program Reach. SUMMARY: The purpose of
this Amendment is to reallocate the remaining Center for Family Services of
Palm Beach County, Inc. (CFS) (R2015-1246) Emergency Solutions Grant (ESG)
funds to Adopt-A-Family of the Palm Beaches, Inc. (AAF). ESG funds are managed by the Department of
Economic Sustainability (DES) and require a thirty day public notice of changes
made to the 2015 - 2016 Action Plan (Action Plan). A
public notice was placed in the Palm Beach Post on July 5, 2016. DES has
amended their Action Plan as required by the U.S. Department of Housing and
Urban Development. The DES Action Plan was finalized on August 5, 2016,
allowing the Community Services Department (CSD), to proceed with the
reallocation of funds. This Amendment allows AAF to continue responsibilities
of Program Reach, formally known as Pat Reeves Village, the only emergency
shelter for homeless families with dependent children in Palm Beach County. CFS
ESG contract funding in the amount of $35,183 is the remaining funding being
reallocated to AAF. No County funds are required. (Human Services) Countywide
(HH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file:
First Amendment to the Non-Signatory Airline Agreement with WestJet, an
Alberta Partnership (R2016-0158), replacing Exhibit “B” reducing their leasehold at the
Palm Beach International Airport effective May 1, 2016. SUMMARY:
Delegation of authority for execution to
amend the standard County agreement above was approved by the Board of County
Commissioners in R2014-1575. Countywide (AH)
2. Staff recommends
motion to receive and file: Signatory Airline Agreement with Bahamasair
Holding Limited, Inc., a Bahamian corporation, commencing March 15, 2016, and
terminating September 30, 2019. SUMMARY: Delegation of
authority for execution of the standard County agreement above was approved by
the Board of County Commissioners in R2014-1033. Countywide (AH)
3. Staff recommends motion
to receive and file: Signatory
Airline Agreement with American Airlines, Inc., commencing June 1, 2016, and
terminating September 30, 2019. SUMMARY: Delegation of
authority for execution of the standard County agreement above was approved by
the Board of County Commissioners in R2014-1033. Countywide (AH)
4. Staff recommends
motion to approve: Modification No. P00003 to the Other
Transaction Agreement (OTA) No. HSTS04-11-H-CT1303
with the Department of Homeland Security/Transportation Security Administration
(DHS/TSA) for changes to the language in the OTA regarding Retainage and
Release of Claims, and to extend the Period of Performance to January 31, 2017,
for improvements to the Checked Baggage Screening System at Palm Beach
International Airport (PBIA). SUMMARY:
DHS/TSA provided an OTA in 2011 for funding participation of the project in
the amount of $26,736,942, which was executed through the delegation of
authority that was approved by the Board on August 16, 2011 (Agenda Item
3F9). Subsequently, the OTA was approved
as a Receive and File agenda item on October 18, 2011 (R2011-1574). Modification No.
P00001 approved by the Board on September 9, 2014 (R2014-1297) extended the
Period of Performance to September 30, 2016.
Modification No. P00002 approved by the Board
on July 21, 2015 (R2015-0916) increased the base award by $4,134,736 for a
total funding participation of $30,871,678 and corrected the Period of
Performance from September 30, 2016, to July 1, 2016. Approval of Modification
No. P00003 allows for the release of 5% of the retainage withheld to
date on the project and waives the County’s ability to seek additional
reimbursement from the TSA for this project beyond the current obligated
amount, and extends the Period of Performance from July 1, 2016, to January 31,
2017. Countywide (AH)
5. Staff
recommends motion to
adopt: a Resolution
adopting a standard form Addendum to Airline Agreement; authorizing the County
Administrator, or designee, to execute the standard form Addendum on behalf of
the Board of County Commissioners; providing for severability; and providing
for an effective date. SUMMARY: Airlines
enter into agreements with the County authorizing their aircraft operations at
the Palm Beach International Airport (PBIA).
Airlines that operate on a seasonal basis often require use of airport
facilities, such as ticket counter and office spaces, on a short-term basis.
This Resolution adopts a standard form Addendum to Airline Agreement that will
allow the Department of Airports (Department) to add and remove space on a
seasonal basis without having to enter into a formal amendment each time space
is added or removed, which will ensure that the Department is capable of timely
responding to airline requests for temporary use of space. Countywide
(AH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends motion to receive and file: a
Transportation Network Company (TNC) Ground Transportation Operating Permit
(Permit) with:
A) Rasier-DC, LLC, a
Delaware limited liability company and subsidiary of Uber Technologies, Inc.,
commencing on May 1, 2016, terminating on September 30, 2016, and automatically
renewing on an October 1st to September 30th annual basis
until canceled; and
B) Lyft, Inc., a Delaware
corporation, commencing on May 1, 2016, terminating on September 30, 2016, and
automatically renewing on an October 1st to September 30th
annual basis until canceled.
SUMMARY: Delegation of
authority for execution of the standard County agreements above was approved by
the Board of County Commissioners in R2016-0758. Countywide (AH)
7. Staff recommends
motion to approve:
A) Change Order No. 1 to the Contract with Ranger Construction Industries, Inc. in the amount of $13,615.98
and a time extension of 41 calendar days for the Concourse A/B Commuter Apron
and Taxilane Rehabilitation project at Palm Beach International Airport (PBIA);
and
B) a Budget Transfer
of $13,616 in the Airport’s Improvement and Development Fund to provide budget
for Change Order No. 1 to the contract with Ranger Construction Industries,
Inc. This includes a transfer from
Reserves of $13,616.
SUMMARY: The
Contract with Ranger Construction Industries, Inc. was approved by the Board
July 7, 2015 (R2015-0848) in the amount of $3,894,964. Change Order No. 1 in
the amount of $13,615.98 and 41 calendar days is being brought to the Board for
approval pursuant to PPM CW-F-50 due to the theoretical value of the time
extension based on liquidated damages. The Disadvantaged Business Enterprise goal
for this Project was established at 15%.
The total to date participation for this contract is 15.61%. Countywide
(AH)
8. Staff
recommends motion to receive and file:
License Agreement with Delta Air Lines, Inc., effective June 15, 2016,
providing for use of space in connection with Delta’s operations at the Palm
Beach International Airport (PBIA) on a month-to-month basis until canceled and
the payment of license fees based on the then-current terminal rental rate. SUMMARY: Delegation of authority for
execution of the standard County agreement above was approved by the Board of
County Commissioners in R2007-2070. Countywide (AH)
9. Staff recommends
motion to receive and file: a summary of fees and charges for the standard
form Hotel-Motel Courtesy Shuttle Operator Permit (Permit) at the Palm Beach
International Airport (PBIA) commencing October 1, 2016, pursuant to Resolution
2010-0707. SUMMARY: Commencing
October 1, 2016, the annual fee for new or renewed Permits will be increased by
$5 (4.3%), from $115 to $120. Delegation
of authority for increases not to exceed 5% per year without further action by
the Board was approved in R2010-0707. Countywide (AH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
10. Staff recommends
motion to approve:
A) Modification No. P00006 (Mod 6) to Other Transaction Agreement HSTS01-13-H-CKP127
(R2013-0529) (OTA) with the Transportation Security Administration (TSA), for
reimbursement of fixed electrical, heating ventilation air conditioning (HVAC),
lighting costs and janitorial services for TSA security checkpoint and baggage screening
areas at the Palm Beach International Airport (PBIA); and
B) Modification No. P00007 (Mod 7) to the OTA with the TSA, to de-obligate
$12,176.24 in funding previously obligated by TSA for janitorial services,
resulting from the decrease in janitorial space, as provided for in Mod 6.
SUMMARY: The OTA provides for the use of space and cost
reimbursement for electrical and janitorial services by the TSA for security
checkpoint and baggage screening areas at PBIA.
TSA’s checked-baggage inspection screening (CBIS) area was relocated in
March 2016 as part of the new baggage handling system at PBIA. In the past, electrical costs for TSA’s
equipment were reimbursed based on a separate meter and the former CBIS area
was outdoors with no lighting or HVAC costs.
Under Mod 6, electrical costs will be reimbursed at fixed monthly rates of
$2,488.91 for equipment and $7,261.72 for HVAC and lighting. The new CBIS area is smaller and 11,263 square
feet less area is subject to janitorial services; accordingly, the required
reimbursement amount will be reduced by $1,522.03 per month. Mod 7 de-obligates eight months of funding for
janitorial services from October 1, 2016, through May 31, 2017, for a total of
$12,176.24. Countywide (AH)
11. Staff recommends
motion to:
A) adopt a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $300,000 for the
acquisition of a High-Pressure Water Blasting Truck for Palm Beach
International Airport (PBIA). This JPA
will become effective upon final execution by the FDOT with an expiration date
of September 30, 2018; and
B) approve a Budget Amendment of $300,000 in the Airport’s Capital
Projects Fund to recognize the receipt of a grant from the FDOT and increase
project budget by $300,000. $300,000
matching Airport Local funding is currently in the FY 2016 budget.
SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $300,000 or 50% of the eligible project costs, whichever is less. Countywide (AH)
AUGUST 16, 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 $40,000 for the full satisfaction of a
Code Enforcement Lien that was entered against John & Clotilde Paiva on
August 7, 2013. SUMMARY: The Code
Enforcement Special Magistrate (CESM) entered an Order on February 6, 2013 on
property owned by John & Clotilde Paiva (the “Paivas”) giving them until
June 6, 2013 to bring the property located at 8608 Pioneer Road, West Palm
Beach into full Code Compliance. The property had been cited for constructing a
retaining wall around the perimeter of a pond without the required building
permits and inspections. Compliance with the CESM’s Order was not achieved by
the ordered compliance date and a fine in the amount of $100 per day was
imposed. The CESM then entered a claim of lien against the Paivas on August 7,
2013. Code Enforcement issued an Affidavit of Compliance for the property on
April 9, 2015 stating the code violations had been corrected as of April 8,
2015. The total accrued lien amount through October 31, 2015, the month in
which settlement discussions began, totaled $83,479.82, of which the Paivas
have agreed to pay the County $40,000 for full settlement of their outstanding
Code Enforcement Lien. District 6 (PM)
2. Staff recommends
motion to approve: a negotiated
settlement agreement in the amount of $7,500 for the full satisfaction of a
Code Enforcement Lien that was entered against Kelly D. & Kevin Reed on
February 7, 2009. SUMMARY: The
Code Enforcement Special Magistrate (CESM) entered an Order on October 1,
2008 on property owned by Kelly D. & Kevin Reed (the “Reeds”) giving them
until December 30, 2008 to bring the property located at 234 Sleepy Hollow
Drive into full Code Compliance. The property had been cited for the
installation of storage sheds, an above ground swimming pool and a fence
without the proper permits. 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 the Reeds on February 7,
2009. An Affidavit of Compliance was issued by Code Enforcement on November 13,
2013 stating that the cited code violations were fully corrected as of November
8, 2013 and that the property was in full compliance with the CESM’s Order. The
total accrued lien amount through February 11, 2014, the date on which
settlement discussions began, totaled $110,792.79, of which the Reeds have
agreed to pay the County $7,500 for full settlement of their outstanding Code
Enforcement Lien. District 2 (PM)
3. Staff recommends
motion to approve: a negotiated settlement agreement in the
amount of $12,000 for the full satisfaction of a Code Enforcement Lien that was
entered against RHA 2, LLC a Delaware Limited Liability Company on June 3,
2015. SUMMARY: The Code
Enforcement Special Magistrate (CESM) entered an Order on January 7, 2015 on
property owned by RHA 2, LLC a Delaware Limited Liability Company (RHA 2)
giving them until April 7, 2015 to bring the property located at 5116 Hartwick
Lane, West Palm Beach into full Code Compliance. The property had been cited for
alterations/renovations to the interior and exterior of the home and
installation of a generator and HVAC all without the required building permits.
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 RHA 2 on June 3,
2015. Code Enforcement issued an Affidavit of Compliance for the property on
May 17, 2016 stating the code violations had been corrected as of May 12, 2016.
The total accrued lien amount through June 15, 2016, the month in which
settlement discussions began, totaled $24,028.09, of which RHA 2 has agreed to
pay the County $12,000 for full settlement of their outstanding Code
Enforcement Lien. District 2 (PM)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
4. Staff recommends
motion to approve: a negotiated settlement agreement in the
amount of $23,300 for the full satisfaction of a Code Enforcement Lien that was
entered against Johnny F. Delgado on March 6, 2013. SUMMARY: The Code
Enforcement Special Magistrate (CESM) entered an Order on September 5, 2012 on
property owned by Johnny F. Delgado (Mr. Delgado) giving him until January 3,
2013 to bring the property located at 4286 Clinton Boulevard, Lake Worth into
full Code Compliance. The property had
been cited for the conversion of a utility building into living quarters and
the addition of structures to the rear of the property without first obtaining
the required building permits. 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. Delgado on March 6, 2013. Code Enforcement issued an Affidavit of
Compliance for the property on November 30, 2015 stating the code violations
had been corrected as of November 13, 2015. The total accrued lien amount through December
31, 2015, the month in which settlement discussions began, totaled $65,300.29,
of which Mr. Delgado has agreed to pay the County $23,300 for full settlement of
his outstanding Code Enforcement Lien. District 3 (PM)
5. Staff recommends
motion to approve: a negotiated settlement agreement in the
amount of $22,500 for the full satisfaction of a Code Enforcement Lien that was
entered against Julio C. Azzaro on July 2, 2014. SUMMARY: The Code Enforcement
Special Magistrate (CESM) entered an Order on February 5, 2014 on property
owned by Julio C. Azzaro (Mr. Azzaro) giving him until April 6, 2014 to bring
the property located at 4703 Holly Lake Drive, Lake Worth into full Code
Compliance. The property had been cited for installing a balcony without
obtaining the proper permits. 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. Azzaro on July 2, 2014. Code Enforcement issued an
Affidavit of Compliance for the property on May 9, 2016 stating the code
violations had been corrected as of April 8, 2016. The total accrued lien
amount through April 30, 2016, the month in which settlement discussions began,
totaled $44,977.69, of which Mr. Azzaro
has agreed to pay the County $22,500 for full settlement of his outstanding Code
Enforcement Lien. District 2 (PM)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
6. Staff recommends
motion to approve:
A) Budget Amendment of $70,887,649 in the $57M PBIA Revenue Refunding
Bonds, Series 2016 Debt Service Fund to budget bond proceeds, refunding bond
premium, a transfer from the PBIA Operating Fund, costs of issuance, payment to
refunding bond escrow agent, and interest expense;
B) Budget Amendment of $854,620 in the $69M PBIA Revenue Bond, Series 2006A
Debt Service Fund to decrease the interest payment and decrease the transfer from
the PBIA Operating Fund; and
C) Budget Transfer of $854,620 in the PBIA Operating Fund to decrease the transfer
to the $69M PBIA Revenue Bond, Series 2006A Debt Service Fund, increase the
transfer to the $57M PBIA Revenue Refunding Bonds, Series 2016 Debt Service Fund,
and increase the PBIA Operating Fund contingency reserves.
SUMMARY: On June 21, 2016, the Board
authorized the issuance of the PBIA Series 2016 Revenue Refunding Bond for a
current refunding for the PBIA Revenue Bonds, Series 2006A through a negotiated sale as recommended by
the County Financing Committee (CFC) and the County’s Financial Advisors.
Through a competitive negotiated bid process, the County awarded the sale to Raymond
James. The refunding resulted in Net Present Value savings of $15.63 million
(22.62%) in debt service over the life of the bonds. Countywide (PFK)
7. Staff recommends
motion to:
A) approve request
by Palm Beach County Tax Collector, Anne M. Gannon, for Board of County
Commissioners to order the 2016 tax roll to be extended prior to completion of
the Value Adjustment Board (VAB) hearings; and
B) direct the VAB to certify the assessment roll as required by State Statutes.
SUMMARY: Approval of
this request will avoid a delay in the issuance of tax notices beyond November
1, 2016, and will permit the collection of property taxes prior to completion
of the VAB hearings. Countywide (PFK)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Contract with West Construction, Inc. in the amount of $3,183,000
to construct improvements at Riverbend Park, located at 9060 Indiantown Road in
Jupiter. SUMMARY: Planned improvements for the 665-acre
regional park include the construction of a combined
office/public-restroom/pavilion building, new underground utilities including a
sewer connection, a 101 space paved car parking lot, a second public restroom
building, located on Picnic Island, a pre-fabricated kiosk that will overlook
the adjacent Loxahatchee Battlefield Park, as well as landscaping and
site/utility improvements. This work was
competitively bid with West Construction submitting the lowest responsive,
responsible bid. Funding for this Contract
is from the 2002 $50 Million General Obligation Recreation and Cultural
Facilities Bond Referendum and Park Impact Fees Zone 1. The total construction
duration is 270 calendar days. The goal for Small Business Enterprises (SBE)
participation is 15% and West’s SBE participation for this Contract is
17%. West Construction is a Palm Beach
County business who became the lowest responsible, responsive bidder after
application of the preference provision of the County’s Local Preference
Ordinance. (Capital Improvements Division) District 1 (LDC)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A) rescind Water Service Agreement (R2014-1452) with
the Town of Jupiter and South Florida Water Management District (SFWMD) for
water service to Riverbend Park; and
B) approve
a revised Water Service
Agreement with the Town of Jupiter and South Florida Water Management District.
SUMMARY: Execution of a Water Service Agreement is a
requirement of the Town of Jupiter Utilities Department to provide adequate
water facilities and services to the Riverbend Park improvement project. The construction contract for the project is
being submitted as a companion item. A
portion of the Park is leased from SFWMD which must sign the Agreement as the
property owner. Subsequent to the
Board’s approval of the original Water Service Agreement on October 7, 2014
(R2014-1452), the SFWMD requested changes to the Agreement which have been
agreed to by the Town. All of the
contribution-in-aid of construction water service fees required by the Town has
been previously paid by the Parks & Recreation Department. (PREM) District
1 (HJF) (LDC)
3. Staff recommends
motion to approve: Supplement
No. 1 to Consultant Services Authorization (CSA) No. 1 with Architecture Green, LLC in the amount
of $291,439 to provide architectural/engineering services for the Osprey Point Golf
Course Pro Shop renovation, Café addition and site modifications. SUMMARY:
The project consists of
renovations to the existing pro shop/café to convert it to a full service pro
shop, the addition of a new, full service cafe with seating for approximately
100 patrons and a patio overlooking the golf course, and reconfigured cart
parking and staging. The
estimated construction cost is $1,900,000.
The project will be funded through golf course revenues and impact fees.
Architecture Green has a continuing services contract for architectural
services which provides for a Small Business Enterprise (SBE) participation
goal of 100%. Architecture Green’s SBE
participation on this CSA is 100%. When
added to the consultant’s participation to date, the SBE participation is
99.2%. Architecture Green, LLC is a Palm
Beach County business and will be using all Palm Beach County sub-consultants.
(Capital Improvements Division) District 5 (LDC)
4. Staff recommends
motion to approve: an
Agreement with JFK Medical Center Limited Partnership d/b/a JFK Medical Center
North Campus (Hospital) allowing for interoperable communications through the
countywide and EMS common talk groups of the County’s Public Safety Radio
System (System). SUMMARY: This Agreement
provides the conditions under which the Hospital can program its radios and
utilize the countywide and EMS common talk groups for certain types of
inter-agency communications. The
County’s System will not be utilized for routine operational communications by
the Hospital. The terms of the Agreement
are standard and have been offered to other hospitals and EMS providers with
800 MHz trunked radio capabilities. This Agreement also contains state approved
standard operating procedures specific to the use of the EMS common talk
groups. There are no charges associated
with this Agreement. The Hospital is
required to pay all costs associated with the Hospital’s subscriber units and
to comply with the established operating procedures for the County’s
System. The Agreement retroactively
commences on March 15, 2016 for a term of three years. There are three renewal options, each for a
period of three years. This Agreement
may be terminated by either party, with or without cause. (ESS) Countywide (LDC)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: a License Agreement with Hive Home, Inc. for
its use of a County-owned alley located off of Palm Street in West Palm Beach
for a monthly fee of $840. SUMMARY: This License Agreement provides for the use
of a 43′ x 150′ strip containing approximately 0.15 acres of vacant
County-owned property off of Palm Street in West Palm Beach, for vehicle
parking. This alley provides secondary
access to the County’s Park Avenue warehouse building and is not currently
being utilized. In May 2016, an
Invitation For Bid (IFB) was issued for the licensing
of the County’s property exclusively for 14 parking spaces. On June 15, 2016, Hive Home provided the only
bid in response to the IFB. Hive Home
owns the adjacent property and wishes to provide parking for its
employees. Staff recommends awarding the
license to Hive Home. The License Agreement is for five
years, with no renewal options, at a monthly fee of $840. This License may be terminated at any
time. PREM will have administrative
responsibility of the License Agreement. (PREM) District 7 (HJF)
6. Staff recommends
motion to approve: a Second Modification of Deed Restrictions for a
5.57 acre parcel located south of Pioneer Road and west of the Florida Turnpike
conveyed to KidSanctuary Campus, Inc. SUMMARY: On June 6, 2006, (R2006-1043), the Board
conveyed a 5.57 acre parcel located south of Pioneer Road and west of the
Florida Turnpike to KidSanctuary, Inc., a non-profit corporation, at no cost,
for KidSanctuary’s development of a group home for children with physical
and/or emotional disabilities. The
County Deed required the group home to be completed within five years and
contained a reverter. In 2008,
KidSanctuary transferred the property to a new development entity, KidSanctuary
Campus, Inc. and requested an extension of the development milestones. On June 7, 2011,
(R2011-0841), the Board approved an extension to construct the facility in five
phases over a 15 year period, expiring on February 1, 2026. KidSanctuary Campus has completed three of
the five phases in advance of the deadlines, but out of the sequence required
by the revised milestones. KidSanctuary
Campus recently purchased the adjacent 2.5 acre property for future expansion
of its program and has requested that they be permitted to construct the
recreation/administration/enrichment center on either the 5.57 acre parcel or
the 2.5 acre adjacent property. This
Second Modification of Deed Restrictions documents the actual completion dates
of the completed Phases and allows KidSanctuary Campus, at its discretion, to
construct the recreation/administration/enrichment center on either property. All other conditions and restrictions remain
unmodified and in full force and effect. (PREM) District 2 (HJF)
7. Staff recommends
motion to approve: a First Amendment to Easement Agreement
in favor of the City of Lake Worth (City) for expansion of an easement across a
portion of John Prince Memorial Park. SUMMARY: On November 18, 2008, the Board approved a
non-exclusive Easement Agreement with the City (R2008-2063), for a Floridan Aquifer raw water well and a transmission
pipeline for the purpose of supplying an alternative water supply to the
City. The well and transmission lines
that were installed encumber an area west of the west right-of-way of Lake
Osborne Drive between Lake Worth Road and 6th Avenue South. A second transmission line was subsequently
installed near the edge of the existing easement area requiring the easement
footprint to be expanded in certain areas by a total of 882 sf. The City approved
the First Amendment on June 6, 2016. This First Amendment will be recorded to
show the new total easement footprint. (PREM) District 3 (HJF)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINAIBILITY
1. REVISED SUMMARY: Staff
recommends motion to approve: Consent for Alexandra Ritchie, a
Palm Beach County Clerk &
Comptroller employee, to receive State Housing Initiatives Partnership
(SHIP) funds under the Purchase Assistance Program as administered by the
Department of Economic Sustainability (DES). SUMMARY: Alexandra
Ritchie is an income eligible
applicant who is seeking to receive $42,500 $10,050 in a forgivable second mortgage under the Purchase
Assistance Program. Funding availability for the Program was
posted on the DES website and advertised in the Palm Beach Post on February 21st
and 24th, 2016. Applicants
are funded on a first qualified, first approved basis as long as funds are
available. Ms. Ritchie, who applied for
assistance on April 13, 2016, has been employed by the Palm Beach County Clerk
& Comptroller as a Court Specialist III since April 2015. She is seeking to purchase a home at 2772 Cambridge Road in Lake Worth. The purchase price of the home is $210,000
and it has appraised at $210,000. It
contains 1,400 square feet with two bedrooms and two bathrooms. Ms. Ritchie’s
minimum contribution will be $7,350, which meets the required three and
one-half percent (3.5%) of the purchase price.
The first mortgage of $168,000 $200,000, to be provided by
BB&T Home Mortgage, will be for 30 years at a 3.75% interest. The County’s second mortgage of $42,500
$10,050 will be a deferred loan that
is forgiven at the end of 30 years as long as the home remains the homeowner’s
principal place of residence. If the homeowner rents, sells, or otherwise
conveys the home during the 30 years, the entire principal amount will become
due and payable. These are State
SHIP funds which require no local match. District 3 (JB)
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: appointment
of one new member to the Building Code Advisory Board to complete an unexpired
term ending January 13, 2017 and begin a full three year term commencing
January 14, 2017 and ending January 13, 2020:
Shane Kittendorf 4 Building Official Building Officials 8/16/2016
– 1/13/2020
Association
of
Palm
Beach County
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
Building Officials Association of Palm Beach County has nominated Shane
Kittendorf to serve as Building Official for District 4 to fill the vacancy
created by the retirement of the current District 4 Building Official whose
term expires January 13, 2017 and begin a full three year term on January 14,
2017. 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. This advisory committee membership has 16 seats,
14 currently filled and 2 vacancies, and a diversity count of Caucasian: 12
(86.00%), Hispanic-American: 1 (7.00%), and Asian-American: 1 (7.00%). The
gender ratio (male:female) is 14:0. Countywide
(SF)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: a Management
Plan for the Pawpaw Preserve Natural Area.
Summary: The Management Plan (Plan) identifies natural resources
present on the site and provides for the preservation, restoration, management
and passive recreational uses of those resources. The first update to the Plan will be due in
2026. District 1 (AH)
2. Staff recommends
motion to receive and file:
A) an Adopt-A-Natural Area Program Agreement with the Snook and
Gamefish Foundation, Inc. for the promotion and maintenance of Jupiter Ridge
Natural Area for a period from May 26, 2016, through May 26, 2017;
B) an
Adopt-A-Natural Area Program Agreement with the Palm Beach Pack and Paddle
Club, Inc. for the promotion and maintenance of Winding Waters Natural Area for
a period from June 3, 2016, through June 3, 2017; and
C) an
Adopt-A-Natural Area Program Agreement with the Audubon Society of the
Everglades, Inc. for the promotion and maintenance of Frenchman’s Forest,
Seacrest Scrub and Pine Glades Natural Area for a period from June 21, 2016,
through June 21, 2017.
Summary: On November 17, 2015, the Board of County Commissioners approved the
Adopt-A-Natural Area Program Agreement (R2015-1630) for the purpose of
promoting the County’s Natural Areas Program.
Delegated authority to sign the Agreement was approved at that
time. The Snook and
Gamefish Foundation, Inc. will develop posters and conduct fishing clinics at
Jupiter Ridge Natural Area; The Palm Beach Pack and Paddle Club, Inc. will
conduct tours of Winding Waters Natural Area; The Audubon Society of the
Everglades, Inc. will lead birding walks at several natural areas. Countywide (AH)
3. Staff recommends
motion to receive
and file:
A) Task Assignment Number IP4, Change Order Number 3 to Contract No.
FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation
Commission (FWC) providing for an additional 85 acres of aquatic weed control
in Lake Osborne;
B) Task Assignment Number IP4, Change Order Number 4 to Contract No.
FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation
Commission (FWC) providing for an additional 20 acres of aquatic weed control
in Lake Ida; and
C) Task Assignment Number IP4, Change Order Number 5 to Contract No.
FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation
Commission (FWC) providing for a decrease in State funding of $40,000 for a new
State allocation for fiscal year 2015/2016 of $46,945.
Summary: On April 17, 2012, the Board of County Commissioners approved FWC Contract
No. FWC11357 (R2012-0573) for aquatic vegetation control
services. Delegated authority to
execute Task Assignment Change Orders associated with this Contract was
approved at that time. Change Orders No.
1 and No. 2 add additional acres of aquatic weed control to Lakes Ida and
Osborne. Change Order No. 5 decreases
State funding for fiscal year 2015/2016. Countywide (AH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to:
A) approve an Interlocal
Agreement with the Town of Palm Beach (Town) for the continued operation of the
Lake Worth Inlet Sand Transfer Plant (LWISTP) through September 30, 2035; and
B) authorize the County Administrator, or designee, to
sign all future time extensions, task assignments, certifications, and other
forms associated with this Agreement, and necessary minor amendments that do
not substantially change the scope of work, terms or conditions of this Agreement.
Summary: A new Agreement authorizes funding
appropriated by the County for the Palm Beach Midtown Beach Project to be
utilized for the daily operation of the LWISTP.
The average cost to the County for operation and maintenance of the
LWISTP is calculated to be $260,000 per year. Under the conditions of the
Agreement, the Town will continue to perform any repairs or improvements that
exceed an annual cost of $20,000. The
Interlocal Agreement supersedes and terminates the existing agreement dated
October 3, 2006 (R2006-2118), which will expire on September 30, 2016. District
1 (AH)
5. Staff recommends
motion to:
A) approve Grant Agreement No. HL056 (Agreement) with the Florida
Department of Economic Opportunity (DEO) providing up to $1,000,000 for the Pahokee
Municipal Marina Project (Project) for a term beginning July 1, 2016 and expiring June 30, 2017;
B) approve Budget Amendment of $1,000,000 in the Environmental Enhancement
Freshwater Fund for the Project; and
C) authorize the County Administrator, or designee, to sign all future time
extensions, task assignments, certifications, and other forms associated with
this Agreement, and necessary minor amendments that do not substantially change
the scope of work, terms or conditions of this Agreement.
Summary: The DEO Grant Agreement
will reimburse the County up to $1,000,000 for construction of the Pahokee
Marina Project, which includes the removal of a section of an existing pier and
installation of a wave attenuation system.
Total construction cost is $1,000,000 and does not require a local match.
District 6 (AH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6. Staff recommends
motion to approve: reappointment
of one at-large member to the Groundwater and Natural Resources Protection
Board (GNRPB). Seat No. 4 is for a term of
three years beginning August 16, 2016, and ending August 15, 2019:
Nominee |
Seat No. |
Seat Requirement |
Nominated By |
Kirt Rusenko |
4 |
Biologist or Chemist |
Florida Association of Environmental Professionals |
Summary: Ordinance 92-20, as amended and Article
2.G.3.F.3 of the Unified Land Development Code (ULDC) provide for a seven
member GNRPB. The membership consists of
one professional engineer, one attorney, one hydrologist or hydrogeologist, one
citizen possessing expertise and experience in managing a business, one
biologist or chemist, one concerned citizen, and one member of an environmental
organization. Ordinance 92-20, as amended, and Article
2.G.3.F.3 of the ULDC require that Seat No. 4 be filled by a Biologist or
Chemist. The current diversity breakdown
of the GNRPB membership is six Caucasian males and one African-American male. The
gender ratio is 7:0 (male:female). Countywide (AH)
7. Staff recommends
motion to:
A) approve Interlocal
Agreement with the City of Pahokee providing for a license to use a portion of
the Pahokee Municipal Marina property as a staging area for a term beginning August 16, 2016 and
expiring July 31, 2018;
B) approve Work Order No. 0649-2 to construct the Torry
Island and Pahokee Marina Artificial Reef Projects at a cost not to exceed $1,004,073.38 in accordance with The Vance
Construction Company, Inc. (Vance) Palm Beach County Artificial Reef &
Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0649);
C) authorize the
County Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with this Agreement,
and any necessary minor amendments that do not substantially change the scope
of work, terms or conditions of this Agreement;
D) adopt
Resolution authorizing the
Clerk of the Board to disburse $778,732 from the Vessel Registration Fee Trust
Fund to cover the project costs; and
E) approve Budget Transfer of $778,732 from the
Environmental Enhancement Non Specific Fund from reserves for the Pahokee
Marina Artificial Reef Project.
Summary: The Interlocal
Agreement provides a staging area for artificial reef projects in the vicinity
of the Pahokee Municipal Marina until 2018. On May 19, 2015, the Board of
County Commissioners approved an annual construction contract with Vance, a
Palm Beach County Small Business Enterprise company, for the Palm Beach County
Artificial Reef & Breakwater Annual Contract, Project No. 2015ERM01
(R2015-0649). Work Order No. 0649-2 will place up to 8,100 tons of limestone
rock within the Torry Island and Pahokee Municipal Marina project areas. Vance committed to an overall 54.94% Small
Business Enterprise (SBE) participation in the contract. Vance will achieve 81.31% SBE participation overall
with this Work Order. The Torry Island Reef Project is funded, in part, by Florida
Inland Navigation District grant PB-14-183 (R2014-1940). District 6 (DC)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
8. Staff recommends
motion to adopt: a
Resolution requesting that the Florida Department of Environmental Protection
review funding applications and support funding for shoreline protection
projects within its Fiscal Year 2017/2018 Beach Management Funding Assistance Program. Summary: The County is requesting that
the State appropriate $825,000 for the Coral Cove Park Dune Restoration,
$160,000 for the Jupiter/Carlin Shore Protection Project, $100,000 for the
South Jupiter Beach Feasibility Study, $150,000 for the Juno Beach Shore
Protection Project, $599,175 for the Singer Island Shore Protection Project,
$6,487,648 for the Southern Palm Beach Island Comprehensive Shore Stabilization
Project, $90,000 for the South Lake Worth Inlet Management Plan, and $100,000
for the Ocean Ridge Shore Protection Project.
If the State Legislature approves funding for all of the projects, the
County’s matching share would be $6,343,213. Districts 1, 4 & 7 (AH)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Third Amendment to Interlocal Agreement with the
City of Belle Glade in an amount not-to-exceed $667,514 for funding of the
Belle Glade Marina Project – Phase II to extend the project completion date
from June 30, 2016, to June 30, 2017. Summary: This
Third Amendment to Interlocal Agreement R2013-0938, as amended by R2014-0297
and R2015-1645, provides for a twelve month extension to the project completion
date from June 30, 2016, to June 30,
2017. This Amendment to the
Interlocal Agreement was requested by the City of Belle Glade to allow them
additional time to complete the project.
All other terms of the Interlocal Agreement including funding not-to-exceed
$667,514 remain the same. Funding is
from the 2002 $50 Million Recreation and Cultural Facilities Bond. District 6 (PFK)
2. DELETED
3. Staff recommends
motion to receive and file: an addendum to the grant Memorandum of Understanding
(R2016-0798) with the National Recreation and Park Association (NRPA), to
require the County to return unspent grant funds (including earned income) in
an amount greater than $50 to NRPA and to add additional regulations regarding
the use of the grant funds. Summary: The
Parks and Recreation Department applied for and was awarded a $15,000 NRPA grant for the out-of-school time programs
(R2016-0798). After the grant was
awarded, NRPA provided an addendum to the original agreement to include
additional restrictions on the use of the grant funds and provisions for the
return of any unspent grant funds greater than $50 (including earned income). Countywide (AH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to receive and file: the following original executed Sponsorship
Agreements:
A) Food Truck Invasion, Inc., cash sponsorship
of a series of ten Family Night with Food Truck Invasion events, Sunset Cove
Amphitheater, for the period February 3, 2016, through June 15, 2016; and
B) Food
Truck Invasion, Inc., cash sponsorship of a series of seven
Family Night with Food Truck Invasion events, Seabreeze Amphitheater, for the
period March 23, 2016, through June 23, 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. The
Sponsorship Agreements have been fully executed on behalf of the Board of
County Commissioners (Board) by the Director of the Parks and Recreation
Department in accordance with Resolution 2008-0442, and are now being submitted
to the Board to receive and file. These sponsored
events help offer a balanced schedule of events which promote the quality of
life in the communities we serve. Districts 1 & 5 (AH)
5. Staff recommends
motion to receive and file: the following two original executed First
Amendments to Independent Contractor Agreements and four Independent Contractor
Agreements:
A) First Amendment to the Palm Beach County
Officials Association, Inc., Youth Basketball Officials, West Boynton
Recreation Center, to increase the funding amount by $108.00, for the period
April 30, 2016, through June 11, 2016; and
B) First Amendment to the Regina M. Rodrigues,
Gentle Yoga Instructor, CMAA Therapeutic Recreation
Complex, to increase the funding amount by $1,500.00, for the period October 1,
2015, through September 30, 2016;
C) Deana LePage, Water Fitness Instructor,
CMAA Therapeutic Recreation Complex, for the period June 17, 2016, through
September 30, 2016; and
D) Gym Class Nation, LLC, Fitness Instructor,
West Jupiter Recreation Center, for the period June 13, 2016, through August 5,
2016; and
E) Dennis Mobley, Line Dance 4 Health
Instructor, Westgate Recreation Center, for the period June 20, 2016, through
July 25, 2016; and
F) Shelly M. Janssen, Youth Dance Instructor,
West Boynton Recreation Center, for the period August 27, 2016, through
September 29, 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. 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 1, 3 & 7
(AH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
6. Staff recommends
motion to receive and file: the following original executed Entertainment Contractor Agreements for eleven community
events:
A) Steven Vincent Cluthe, Family Night with
Food Truck Invasion, Sunset Cove
Amphitheater, on February 3, 2016;
B) Peter Sarfati, A Valentine’s Day Concert with
Solid Brass, Seabreeze Amphitheater, on February 14, 2016;
C) Chase Stites, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on
February 17, 2016;
D) Simply Tina, LLC, Simply Tina, Canyon Town Center Amphitheater, on February 20, 2016;
E) Steven Vincent Cluthe, Family Night with
Food Truck Invasion, Sunset Cove
Amphitheater, on March 2, 2016;
F) Chase Stites, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on
March 16, 2016;
G) 137 Entertainment Group, LLC, White Acres
Band, Canyon Town Center Amphitheater, on March 19, 2016;
H) Rocket Entertainment Group LLC, The Doors Alive Concert, Seabreeze Amphitheater, on March
19, 2016;
I) Steven Vincent Cluthe, Family Night with
Food Truck Invasion, Sunset Cove
Amphitheater, on April 6, 2016;
J) Richard Benjamin, The
Fabulons, Canyon Town Center Amphitheater, on April 16, 2016; and
K) Chase Stites, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on
April 20, 2016.
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 eleven cultural events at the Canyon
Town Center, Seabreeze, and Sunset Cove Amphitheaters. These events were
attended by an estimated 6,200 people and generated positive support and
goodwill for the County. A sponsorship
from GL Homes offset the expenses of the concerts at the Canyon Town Center
Amphitheater. A sponsorship from Food
Truck Invasion, Inc. offset the expenses of the Family Night with Food Truck
Invasion events at Sunset Cove Amphitheater.
In accordance with County PPM CW‑O‑051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
Receive and File agenda item. The Entertainment Contractor Agreements have been
fully executed on behalf of the Board
of County Commissioners (Board) by the 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. Districts 1 & 5 (AH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
7. Staff recommends
motion to approve: Budget
Transfer of $418,276 within the 2005 $25 Million General Obligation
Recreational and Cultural Facilities Bond Fund from Reserves to the R.G.
Kreusler Park Lifeguard/Restroom Building project. Summary: This Budget Transfer will provide additional
funding necessary for the R.G. Kreusler Park Lifeguard/Restroom Building
project. Project elements include design
and construction of a new lifeguard building with showers and a replacement
restroom building. Funding for this Budget
Transfer is from the 2005 $25 Million General Obligation Recreational and
Cultural Facilities Bond Fund reserves. Reserve
funding was accumulated through interest and residual balances from completed
bond projects in this fund. This Budget Transfer
will exhaust all remaining reserves in this bond fund. District 7 (AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to:
A) receive and file a Grant Application to the Share Our
Strength Cooking Matters at the Store in the amount of $4,000 to support the
implementation and/or growth of Cooking Matters at the Store tours for
low-income adults for the period of July 1, 2016, to May 31, 2017; and
B) approve a Budget Amendment of $4,000 within the
Family and Consumer Sciences Special Revenue Fund to establish a budget for the
approved grant project.
Summary: The University of Florida/IFAS Palm Beach County Extension applied for
and was awarded a $4,000 grant for the Share Our Strength Cooking Matters at
the Store. The funds are to be used for
the following purposes: 1) to reach a minimum of 400 participants with Cooking
Matters at the Store tours to be completed by May 31, 2017; 2) to help
eliminate barriers that may keep potential participants from attending, such as
child care, or transportation to and from the store; 3) for tour incentives,
such as grocery store gift cards that cover the cost of a $10 challenge at the
end of the tour, or snacks for tour participants; and 4) for costs incurred by
County Extension, such as staffing costs, outreach to identify participants, or
reimbursement for expenses incurred by volunteer tour leaders. The grant does not require a County
match. District 7 (AH)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) ratify the
Mayor’s signature on a Grant Application for the United States Department of
Justice (DOJ), Edward Byrne Memorial Justice Assistance Formula Grant (JAG)
Program, for $160,148 beginning
October 1, 2016, through September 30, 2017, to fund the Juvenile Reentry
Program;
B) authorize the County Administrator, or designee, to execute a contract with
Gulfstream Goodwill Industries, Inc. in an amount not to exceed $59,730 for
services provided in the grant application, on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney’s
Office, and within budgeted allocations;
C) authorize the County Administrator, or designee, to execute a contract with
Choice to Change in an amount not to exceed $8,662 for services provided in the
grant application, on behalf of the Board of County Commissioners, after
approval of legal sufficiency by the County Attorney’s Office, and within
budgeted allocations; and
D) authorize the County Administrator, or designee, to execute
the grant award and amendments.
Summary: Palm Beach County was allocated $160,148 in Federal FY 2016 funds as
part of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program
for expenditure through FY 2017. The Criminal Justice Commission (CJC) approved
recommendations made by the CJC’s Finance Committee to allocate these funds to
the existing Juvenile Reentry Program. The
Program provides transitional services to juveniles reentering society from
jail and prison. The emergency procedure
was used because of the limited time for submission of the grant application
following the funding announcement. A
competitive Request for Applications (RFA) was distributed and multiple
agencies responded. Gulfstream Goodwill
and Choice to Change were selected as providers based on contracting
eligibility, project scope, budget, experience, administration/organizational
capacity and references. No local match is required for this grant. Countywide (JB)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
2. Staff recommends
motion to:
A) ratify
the Mayor’s signature on
the Certification of Participation for Palm Beach County to serve as the
coordinating unit of government for the Florida Department of Law Enforcement
(FDLE), Edward Byrne Memorial Justice Assistance Formula Grant (JAG) Program;
B) approve
a Grant Application for the
FDLE JAG Program for $333,395 beginning
October 1, 2016, through September 30, 2017, to fund the Adult Reentry Program
and the Law Enforcement eXchange (LEX) Program;
C) authorize the County Administrator, or designee, to execute a contract with the City of Riviera Beach in
an amount not to exceed $75,645 for services provided in the grant application,
on behalf of the Board of County Commissioners, after approval of legal
sufficiency by the County Attorney’s Office, and within budgeted allocations;
D) authorize the County Administrator, or designee, to execute a contract with Gulfstream Goodwill
Industries, Inc. in an amount not to exceed $67,690 for services provided in
the grant application, on behalf of the Board of County Commissioners, after
approval of legal sufficiency by the County Attorney’s Office, and within
budgeted allocations;
E) authorize the County Administrator, or designee, to execute a contract with The Lord’s Place, Inc. in an
amount not to exceed $90,060 for services provided in the grant application, on
behalf of the Board of County Commissioners, after approval of legal
sufficiency by the County Attorney’s Office, and within budgeted allocations;
F) authorize the County Administrator, or designee, to execute a contract with the Palm Beach County Law
Enforcement Exchange Inc., in an amount not to exceed $100,000 for services
provided in the grant application, on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney’s
Office, and within budgeted allocations; and
G) authorize the County Administrator, or designee, to
execute the grant award and amendments.
SUMMARY: Palm
Beach County was allocated $333,395 in Federal FY 2016 funds as part of the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program for expenditure through
FY 2017. The Criminal Justice Commission
(CJC) approved recommendations made by the CJC’s Finance Committee to allocate
$233,395 of these funds to the Adult Reentry Program and $100,000 to the Law
Enforcement eXchange (LEX) Program. The Adult Reentry Program provides
transitional services to individuals reentering society from jail and prison.
The LEX Program is a networked intelligence sharing system used by the 24
municipal law enforcement agencies and the Palm Beach County Sheriff’s Office
to solve crime. A competitive Request for Applications (RFA) was
distributed and multiple agencies responded. Gulfstream Goodwill, The Lord’s
Place, Inc., and the City of Riviera Beach were selected as providers based on
contracting eligibility, project scope, budget, experience,
administration/organizational capacity and references. This grant program requires that 51% of the cities in Palm Beach County
representing 51% of the population to support the purpose and allocation of
these funds. Alan Bernstein of The Lord’s Place serves on the Homeless Advisory
Board. The Board provides no
regulation, oversight, management, or policy-setting recommendations regarding
the disclosed contract. Disclosure of the contractual relationship at a duly
noticed public meeting is provided in accordance with the provisions of Sect.
2-443, of the Palm Beach County Code of Ethics. No local match is required for this grant. Countywide
(JB)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: a fully executed standard Interlocal Agreement for Swimming Lessons for
FY 2016 with:
A) City of West Palm Beach; and
B) City of Riviera Beach; and
C) City of Lake Worth.
SUMMARY: On September 27, 2005, the Board adopted Resolution Number R2005-1906
authorizing the County Administrator, or 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. These three standard Interlocal Agreements have been fully executed by
the Fire Rescue Administrator, and are now being submitted to the Board as a
Receive and File agenda item in accordance with Countywide PPM CW-O-051 to
allow the Clerk’s Office to note and receive them. Countywide (PFK)
2. Staff recommends
motion to approve and select:
A) Timothy Daley for appointment by
the Town of Lantana, as Trustee, on the Lantana Firefighters’ Pension Fund
Board to fill a vacancy for an unexpired term ending on September 28, 2016; and
B) John Sluth for reappointment by the Town of
Lantana, as Trustee, on the Lantana Firefighters’ Pension Fund Board for the
term September 29, 2016 through September 28, 2018; and
C) Timothy Daley for reappointment
by the Town of Lantana, as Trustee, on the Lantana Firefighters’ Pension Fund
Board for the term September 29, 2016 through September 28, 2018.
SUMMARY: Pursuant
to the Interlocal Agreement (R97-1252D) Renewing Pension Agreement Relating to
Firefighters’ Pension Plan (R2010-0215) with the Town of Lantana (Town), the
Town is requesting the County’s approval of its selection to appoint Timothy
Daley, a Town resident, to fill a vacancy left by the resignation of Mr.
Michael McCurdy. Mr. McCurdy’s term was set to expire on September 28, 2016.
The Town is also requesting the County’s approval of its selection to reappoint
John Sluth and Timothy Daley, Town residents, to the Lantana Firefighters’
Pension Fund Board, as Trustees, for a term beginning
September 29, 2016 through September 28, 2018. Under the Interlocal Agreement, the Town
retained the power and responsibility to make appointments to the Fund’s Board
of Trustees for its Chapter 175 plan. Any Trustee to be appointed by the Town
first must be approved by the County. Mr. Sluth’s current term will expire on
September 28, 2016. District 7 (SB)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
3. Staff recommends
motion to approve: the
write-off of uncollectible emergency transport patient accounts to remove these
amounts from the County’s financial books for the following period:
October 1, 2011 through September 30, 2012
(FY 2012) $11,665,594.25
SUMMARY: In December 1994, the Board authorized Fire
Rescue to transport critically ill/injured patients and bill for those
services. The County contracts with a private company for these billings and
collections services. The County receives payment from a number of sources,
including commercial insurance, Medicare, Medicaid, and private individuals. During
the period October 1, 2011 to September 30, 2012, Fire Rescue generated
$37,366,471.20 in gross transport billings and collected (to-date)
$18,312,907.69. After adjustments of $7,387,969.26, required under the
guidelines of the Medicare/Medicaid programs, the balance of $11,665,594.25 is
currently deemed to be uncollectible. This balance is primarily due to partial
payments, insurance denial based on medical necessity, the inability to obtain
accurate patient and/or insurance information, and patients without medical
coverage or high deductibles. Staff recommends the amount deemed uncollectible
be written-off the County’s financial books. Countywide (SB)
4. Staff recommends
motion to:
A) accept U.S. Department of Homeland Security’s (DHS), Federal Emergency
Management Agency (FEMA), FY 2015 Assistance to Firefighters Grant (AFG), Agreement No. EMW-2015-FO-00691,
award in the amount of $603,371 for the purchase of automatic chest compression
devices for the period of July 15, 2016, through July 14, 2017; and
B) approve Budget
Amendment of $603,371 within the Fire/Rescue MSTU Fund to recognize the grant
award, establish budget for the approved grant and transfer $60,337 from
contingency reserves for Fire Rescue’s matching requirement; and
C) authorize County Administrator or designee (Fire Rescue
Administrator or Fire Rescue Deputy Chief of Operations) to electronically
accept the grant award via the DHS FEMA website, and execute certifications, assurances,
standard forms, reimbursement requests, or work activities and time frames that
do not change the general scope or terms and conditions of the grant.
SUMMARY: On
January 26, 2016, the Board ratified the Mayor’s signature on a
grant application (R2016‑0115) requesting $563,506 to purchase automatic
chest compression devices. The application included the required match of
$60,337 plus a voluntary overmatch of $39,865. On July 22, 2016, the County
received notification of a $603,371 grant award from FEMA, consequently
eliminating the County’s voluntary overmatch. This grant award in the amount of
$603,371 plus the required matching funds of $60,337 (10% of the federal award
amount) from the Fire Rescue’s Main MSTU contingency reserves equal a total
grant project cost of $663,708, and will be used to purchase 38 automatic chest
compression devices. The County must comply with all terms, conditions,
certifications, assurances and other requirements of the grant program and
related regulations, including the Summary Award Memo, Agreement Articles,
Obligating Document, Notice of Funding Opportunity and the grant application
package. Countywide (SB)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff
recommends motion to:
A) approve Task Order No. 3 for countywide aerial
image capture and digital orthophoto mapping in the western area of the County
(R2011-2052) with Surdex Corporation in the amount of $155,570;
B) approve Task Order No. 5 for digital orthophoto
mapping in the eastern areas of the County (R2011-2054) with Woolpert, Inc. in
the amount of $55,000;
C) receive
and file Task Order 3-A for
contract R2011-2054 with Woolpert, Inc. to extend the due date of the Task
Order to December 31, 2016; and
D) receive
and file Task Order 3 for
contract R2011-2053 with BAE Systems, Inc. in the amount of $12,500 to update
the Digital Elevation Model (DEM).
SUMMARY: The above referenced firms were selected
using the Consultant Competitive Negotiations Act (CCNA) process, with
contracts entered into on December 20, 2011 to perform digital orthophotography
and planimetric mapping for the County (R2011-2052; R2011-2053 and R2011-2054).
These Task Orders are being put in place now to be ready to capture the imagery
during optimal weather conditions. The Property Appraiser’s Office is a
long term partner with Countywide GIS and is providing a revenue contribution
of $105,285 towards this mapping project. Two Task Orders were previously
approved and are submitted for receive and file. Task Order 3-A was initiated
with Woolpert, Inc., to extend the due date to complete a coastal mapping
project delayed because of inclement weather, and Task Order 3 with BAE
Systems, Inc. was issued to update the DEM used for orthophoto rectification.
Both Task Orders were less than $100,000 and authorized by the ISS Director. Countywide
(PFK)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: three Grant Adjustment Notices (GAN) numbered 18, 19, and 20 for the
grant from the U.S. Department of Justice (DOJ), Office on Violence Against
Women (OVW), Grants to Encourage Arrest Policies and Enforcement of Protection
Orders Program (GTEA) (2014-WE-AX-0011), which facilitated administrative
filing and approval through June 15, 2016:
A) GAN No. 18 Training;
B) GAN No. 19 Work Product; and
C) GAN No. 20 Work Product.
Summary: As
per grant guidelines, certain expenditures and work product require approval
from the OVW GTEA grant manager. The
approval process is facilitated by drafting a GAN and submitting it through the
OVW’s Grant Management web portal. GAN 18 facilitated approval of 3 Sexual
Assault Response Team (SART) members to attend a training entitled Accounting for Risk and Danger in your
multi-agency responses to Domestic Violence and Sexual Assault. GAN 19 facilitated approval of a point card that
provides clergy awareness tips and victim services contact information. GAN 20
facilitated approval of a guide that assists law enforcement with general tips
on response and report writing when responding to victim with disabilities. The approved grant budget, total grant, and
scope of work remained the same. R2014-1633
authorized the County Administrator or designee to execute future awards,
contract, sub-recipient agreements and sub contracts and
amendments/modifications utilizing funding from the DOJ, OVW on behalf of the
Board of County Commissioners. Countywide (LDC)
2. Staff recommends
motion to:
A) approve First Amendment to Contract for
Professional Services (R2015-1580), with Children’s Home Society of Florida,
increasing funding by $18,000 for a new total not to exceed contract amount of
$36,000 for drug treatment for individuals referred by the Family Drug Court
for the period October 1, 2015, through September 30, 2016; and
B) receive and file
First Amendment to Contract for Professional Services (R2015-1661), with Drug
Testing and Counseling Services, Inc. decreasing funding by $18,000 for a new
total not to exceed contract amount of $872,175 for drug treatment and testing
services for individuals referred by the Adult Drug Court, Delinquency Drug
Court, and Family Drug Court for the period October 1, 2015, through September
30, 2018.
Summary: These amendments are to allow for an increase
in funding in an area of the Family Drug Court Program that is in need of
additional support services. The Family Drug Court Program had an increased
need for sober housing this fiscal year. In order to meet these needs, we are
amending the Children’s Home Society of Florida by increasing the annual amount
by $18,000. These funds will come from the contract with Drug Testing and
Counseling Services, Inc. as their contractual amount is being used at a lower
rate than projected due to a lower number of participants and an increased
number of graduates in the drug court program. The amendment for Drug Testing
and Counseling Services, Inc. was executed in accordance with R2015-1661 which
authorized the County Administrator or designee to execute minor amendments and
administrative documents associated with these 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 (LDC)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to:
A) approve a Contract for Consulting/Professional Services with Rebecca H. Rhoades, Inc., for relief veterinary services at the main shelter in an amount not to exceed $17,000, retroactive to July 19, 2016, to August 31, 2016; and
B) authorize the County Administrator, or designee, to sign all future renewals, task assignments, and necessary minor amendments that do not change the scope of work or terms and conditions of the contract.
SUMMARY: The Animal Care and Control Division is required to provide appropriate and necessary veterinary services for sheltered animals. This relief veterinarian will enable staff to maintain an acceptable number of veterinarians to handle the volume of animals processed, especially during periods of high influx. Countywide (SF)
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 2,000 hour
internship that will provide the interns training and experience in family and
youth counseling for the period of August 8, 2016, through August 4, 2017:
A) Patricia Russo in the amount of
$23,333.33; and
B) Samantha Brustad in the amount of
$23,333.33.
Summary: The Youth Services Department’s Residential Treatment and Family
Counseling Division (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 are financially beneficial
to the County. Each intern, at a minimum,
is assigned and completes the workload equivalent to a Family Therapist. The hourly rate of a Family Therapist is
$21.15 versus the hourly intern rate of $11.50.
R2012-1313 authorized the County Administrator, or designee, to execute
future 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)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
BB. YOUTH
SERVICES (Cont’d)
2. Staff recommends
motion to receive and file: two
Contracts for Professional Services with the following Postdoctoral Psychology
Residents to complete a requirement of 2,000 hours of clinical work that will
provide the residents training and experience in family and youth counseling:
A) Vanessa Pereda in the amount of
$32,500, for the period August 22, 2016, through August 18, 2017; and
B) Craig Kramer in the amount of
$32,500, for the period September 6, 2016, through September 1, 2017.
Summary: The
Youth Services Department’s Residential Treatment and Family Counseling
Division (Division) is an authorized counselor training facility for many state
colleges and universities offering degrees in psychology, social work,
etc. Postdoctoral programs require 2,000
hours of supervised services in order to meet state licensing
requirements. The Division is offering
its program as a location to obtain this training. The cost savings involved with this residency
program is financially beneficial to the County. Each resident, at a minimum, is assigned and
completes the workload equivalent to a Licensed Family Therapist. The hourly rate of a Licensed Family
Therapist is $23.81 versus the hourly resident rate of $16.25. On October 3, 2006 (Item 3X-2), the Board of
County Commissioners (Board) authorized the County Administrator, or designee,
to execute future postdoctoral psychology resident contracts on behalf of the
Board, after approval of legal sufficiency by the County Attorney’s Office, and
within budgeted allocations. Countywide (HH)
CC. INTERNAL AUDITOR
1. Staff
recommends motion to receive and file:
A) Audit reports reviewed by the Audit Committee at its June 15, 2016 meeting
as follows:
1. 2016-08 Engineering &
Public Works - Procurement to Payment
(16-02);
2. 2016-09 Community Services - Procurement to Payment (16-01);
3. 2016-10 Purchasing - Procurement to Payment (15-15); and
B) Audit recommendation status follow-up report as of March 31, 2016
reviewed by the Audit Committee at its June 15, 2016 meeting.
SUMMARY: Ordinance 2012-011 requires the
Internal Audit Committee to review audit reports prior to issuance. Ordinance 2012-012 requires the County
Internal Auditor to send those reports to the Board of County
Commissioners. At its meeting on June 15, 2016, the Committee reviewed and
authorized distribution of the attached audit reports. The Committee also reviewed and authorized
distribution of the Audit Recommendation Status Follow-up Report as of March
31, 2016. We are submitting these reports to the Board
of County Commissioners as required by the Ordinance. Countywide (PFK)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a Financial
Assistance Agreement between the Florida Department of Law Enforcement and the Palm Beach County Sheriff’s
Office in the amount of $421,932.50 for the period of October 1, 2015, through
September 30, 2016; and
B) approve a Budget Amendment of $121,933 in the
Sheriff’s Grant Fund.
SUMMARY: The Florida Department of
Law Enforcement (FDLE) provides state financial assistance to five
locally-funded laboratories in the State of Florida, including Palm Beach
County. The Palm Beach County Sheriff’s Office (PBSO) operates the Palm Beach
County Crime Laboratory. In FY 2016, FDLE provided a total of $421,932.50 in
state financial assistance to PBSO to offset the costs of operating the Palm
Beach County Crime Lab. On March 22,
2016, $300,000 was transferred to the Sheriff’s Grant Fund through a balance
bought forward amendment. On July 15,
2016, PBSO received the fourth and final disbursement for this contract
period. Thus, a budget amendment is
required in order to increase the grant award to $421,932.50. There is no match requirement
associated with this award. Countywide (LDC)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a donation from The Howard E. Hill
Foundation, Inc., in the amount of $50,000 for the FY 2017 Gunfire Detection
and Location Project; and
B) approve a Budget Amendment of $50,000 in the
Sheriff’s Grant Fund.
SUMMARY: On June 22, 2016,
the Palm Beach County Sheriff’s Office (PBSO) received a donation from The Howard E. Hill Foundation to offset the contractual services cost
of the Gunfire Detection and Location Project. PBSO is providing a $50,000 match requirement through our FY16 general
fund budget. Countywide (LDC)
AUGUST 16, 2016
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF (Cont’d)
3. Staff recommends
motion to approve: a Budget Transfer of $132,000 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency
shall use Forfeiture proceeds for school resource officer, crime prevention,
safe neighborhood, drug abuse education and prevention programs, or for other
law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise, purchasing
automated external defibrillators, and providing matching grant funds. F.S.
932.7055(5) also requires that no less than 15% of the LETF’s previous year’s
revenues be used for the support or operation of drug treatment, drug abuse
education, drug prevention, crime prevention, safe neighborhood and school
resource officer programs of various non-profit organizations. The PBSO’s FY
2016 estimated donation requirement is $179,499. The PBSO’s support of these
programs exemplifies its strong commitment to the prevention and reduction of
crime throughout the communities it serves and its desire to put money back
into these communities to support organizations that provide such services. The year-to-date transfer for all donations to
outside organizations after approval of this item is $1,053,536. The funds requested are to aid PBSO and
qualified organizations that meet the requirements set forth in F.S. 932.7055.
Use of LETF requires approval by the Board, upon request of the Sheriff. The current State LETF balance is $1,984,232.
Approval of this request will reduce the State Law Enforcement Trust Fund
balance to $1,852,232. The PBSO certifies that the use of
these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations
the PBSO seeks to fund and the corresponding amount of funding proposed per
respective organization or agency. No
new positions are needed and no additional County funds are required. Countywide
(JB)
ORGANIZATION |
AMOUNT |
Neighbors 4 Neighbors,
Inc. (Adopt-A-Bear) |
$10,000 |
Area Agency on Aging Palm
Beach, Treasure Coast, Inc. |
$5,000 |
Girls Scouts of Southeast
Florida, Inc. |
$10,000 |
Hanley Center Foundation,
Inc. |
$5,000 |
Homeless Coalition of
Palm Beach County, Inc. |
$10,000 |
Palm Beach County Sheriff’s
Foundation, Inc. (School Supplies) |
$37,000 |
Palm Beach County Sheriff’s
Foundation, Inc. (Shop with a Cop) |
$45,000 |
Racing to the Rescue,
Inc. |
$10,000 |
|
|
Total Amount |
$132,000 |
* * * * * * * * * * * *
AUGUST 16, 2016
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to adopt: a Resolution
to abandon a portion of the right-of-way tract (Tract) in the south 93 feet of
the unimproved right-of-way of South Edgewater Drive as recorded in Official
Record Book 389, Page 72, Public Records of Palm Beach County, Florida, and
executing two utility easements over a portion of the tract to be abandoned. SUMMARY:
Adoption of this Resolution will allow the petitioners, Devon and Roslyck
Paxson, to pursue a lot combination process to combine the abandoned Tract with
their platted lot, Lot 4, Bay Village Harbour, a private, gated community. The
public does not rely on the petition site for any type of access. The
petitioner has access via Bay Village Court. The petition site is located east
of Prosperity Farms Road and north of PGA Boulevard. District 1 (MRE)
2. Staff recommends
motion to 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”;
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: Since the development and adoption of Palm
Beach County’s (County) Program on December 15, 2015, the progress and
evolution of current and near term projects have 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 July 12, 2016, the Board of
County Commissioners (Board) approved this amendment on preliminary reading and
authorized advertisement for today’s Public Hearing for final adoption. Countywide
(MRE)
B. ECONOMIC SUSTAINABILITY
1. Staff recommends a
motion to conduct: a public hearing as required by the Brownfields
Redevelopment Act (the “Act”) set forth in Sections 376.77-376.86, Florida
Statutes,
designating the real property located at 4965 Lantana Road, Palm Beach County,
Florida, 33463, further identified by Property Control Number 00-42-44-36-37-001-0000
(the “Subject Property”), as a Brownfield Area to be known as the Lantana
Square Green Reuse Area, pursuant to Section 376.80(2)(c), Florida Statutes,
for the purpose of rehabilitation, job creation and promoting economic
development; providing an effective date; and for other purposes. Summary: On July 12, 2016, the
Board of County Commissioners approved two motions related to the Subject
Property: 1) A waiver of the statutory requirement that one of the two public
hearings to be held on August 16, 2016 and September 27, 2016, be held after
5:00 p.m.; and 2) Advertising of public hearings on Tuesday, August 16, 2016 at
9:30 a.m. and September 27, 2016 at 9:30 a.m.
On May 6, 2016, JDR Development, LLC, a Florida Limited Liability
Company, (JDR) doing business as Banyan Development, submitted a written
request to Palm Beach County’s Department of Economic Sustainability (DES) to
designate the Subject Property as a Brownfield Area. JDR is the contract
purchaser of the Subject Property and has control thereover as confirmed by the
owner/seller, Pine Lantana Road Holdings, LLC, a
Florida Limited Liability Company. Banyan Development plans to develop
the Subject Property as a retail center, which the Palm Beach County Planning
and Zoning Divisions have confirmed is allowed with the CL-Commercial Low
future land use designation and MUPD-Multiple Use Planned Development zoning on
the site. Prior to developing, Banyan Development is seeking a Brownfield
designation under the Act. Section 376.80(12), Florida Statutes, does not
require a local government to use the term Brownfield within the name of the
area being designated. No County funds for implementation are required. District
3 (JB)
AUGUST 16, 2016
4. PUBLIC
HEARINGS CONTINUED
C. PLANNING, ZONING &
BUILDING
1. REVISED MOTION: Staff
recommends motion to adopt continue to September 27, 2016 at 9:30 a.m.:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida establishing a community development district over the real property
legally described on Exhibit “B” to this Ordinance comprising of approximately
203.54 acres: naming of the initial members of the board; establishing the
naming of the district as Gulfstream Polo Community Development District;
designating the purpose of the district; designating the powers of the
district; providing for severability; providing for repeal of laws in
conflicts; and providing for an effective date. SUMMARY: The Board of
County Commissioners (BCC) has been petitioned by Pulte Home Corporation to
grant the establishment of the Gulfstream Polo Community Development District
(CDD). The staff report provides a review of the petition for consistency with
the six statutory factors identified in Chapter 190, F.S. and previous BCC
direction regarding CDDs. Future homeowners will be required to pay annual CDD
assessments ($900 - $1,400) in addition to HOA fees and both ad valorem and non
ad valorem taxes. The petitioner has agreed to enhanced
disclosure requirements for these assessments and to not include any off-site
improvements in the obligations of future residents, as previously directed by
the BCC. Both the disclosure requirements and the limitation on off-site
improvement funding are included within the proposed ordinance. As the petition
is consistent with the Florida Statutes and previous BCC direction regarding
CDDs, staff is recommending approval of the proposed ordinance. District 6
(RPB)
d. Public
Saftey
1. Staff
recommends motion to approve: the issuance of a "Special
Secondary Service" Certificate of Public Convenience and Necessity (COPCN)
with Universal Protection
Service, LLC to provide Advanced Life Support (ALS) first response,
non-transport services to the gated community of The Polo Club of Boca
Raton. Summary: The residents of The Polo Club of Boca Raton wish to have Universal
Protection Service, LLC provide ALS first response, non-transport services as part of their security
services. The Department of Public
Safety, Division of Emergency Management, has reviewed the application and recommends approval of a "Special
Secondary Service Provider
- Non-Transport" COPCN to be issued to Universal Protection Service, LLC for operations
restricted to the confines of The Polo Club of Boca Raton for the
period August 16, 2016 until Universal Protection Service, LLC contractual
agreement with The Polo Club is terminated.
Palm Beach County Fire Rescue is the Primary COPCN holder and has signed
a "Memorandum of Understanding" with Universal Protection Service, LLC to
provide such services in their respective zone.
The Emergency Medical Services (EMS) Advisory Council has approved the
recommendation to grant Universal Protection Service, LLC a Special Secondary COPCN
according to Section 7 of the EMS Ordinance 2010-056. District 5 (LDC)
* * * * * * * * * * * *
AUGUST 16, 2016
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, urging Congress to provide the necessary funding to
complete the Herbert Hoover Dike rehabilitation and urging the Army Corps of
Engineers to expedite its repairs to the dike to ensure the public health, safety,
and welfare of the cities surrounding Lake Okeechobee and the Corps’ ability to
manage the lake’s water level in a way that will significantly reduce the
impact to the coastal estuaries. SUMMARY: The El Nino weather pattern that
dominated South Florida from December through March brought record dry-season
rainfall to many areas and caused the water level in Lake Okeechobee and the
Everglades to rise well above the United States Army Corps of Engineers’
Regulation Schedules for those areas. As
a result, the coastal estuaries were forced to endure high releases of water
from Lake Okeechobee for several months.
The higher Lake stage also impacts the public health, safety and welfare
of residents in Palm Beach County, including the Cities of Belle Glade, Pahokee
and South Bay because of the pressure on the Herbert Hoover Dike. The problem is exacerbated by the Interim
Lake Okeechobee Operating Rules required while the Herbert Hoover Dike
undergoes its first major rehabilitation in 75 years. Countywide (DW)
2. ADD-ON, TIME
CERTAIN 1:15 P.M.:
Executive Session scheduled for 1:15 p.m. in the McEaddy Conference Room
to discuss collective bargaining with the Professional Firefighters/Paramedics
of Palm Beach County, Local 2928, IAFF, Inc. (CLOSED SESSION)
3. ADD-ON: Staff
recommends motion to:
A)
Approve
a Budget Transfer of $950,000 from the General Fund Contingency Reserves to the
Public Building Improvement Fund;
B)
Approve
a Budget Amendment in the amount of $950,000 in the Public Building Improvement
Fund to recognize the funds from the General Fund; and
C)
Authorize
the County Administrator to agree to serve as Adopt-A-Family of the Palm
Beaches nominee and to execute a contract for the purchase of improved real
property at 1318 Henrietta Avenue; 1320 Henrietta Avenue; 549 Palm Beach Lakes
Blvd.; and 559 Palm Beach Lakes Blvd. (the “Facility”) owned by The Center for
Family Services of PBC, Inc., to continue operations of the emergency homeless
shelter contingent upon satisfactory completion of all standard due diligence
investigations and receipt of appraisals valuing the property at not less than
$863,637 so that the $950,000 purchase price is not more than 110% above appraised
value.
SUMMARY: The Center for Family
Services (“CFS”) acquired this property in 2001 and has operated an emergency
homeless shelter specifically for families under the Responding to Emergencies
and Altering the Crisis of Homelessness (“REACH”) program. Recently, CFS discontinued its operations
which were taken over by Adopt-A-Family of the Palm Beaches (“AAF”), a County
Funded Agency pursuant to R2015-1436. AAF has been operating the Facility,
which includes 19 apartment units and administrative offices, under a month to
month lease with CFS while CFS has been marketing the property for sale. The
lease provides AAF with a right of first refusal to purchase the Facility upon
the same terms and conditions as offered by a 3rd party purchaser. CFS has entered into a contract for sale of
the property for $950,000 and has triggered AAF’s right of first refusal. The Property Appraiser’s assessed value is
$945,645. AAF is willing to continue to
operate the REACH Program and to exercise its right of first refusal to
purchase the Facility, conditioned upon the County
agreeing to act as AAF’s nominee, funding the purchase price and accepting
title to the Facility. Staff will
complete all standard due diligence, including appraisals, and Staff is
recommending that the Board authorize the County Administrator, in the exercise
of her reasonable discretion and upon condition that the appraisals value the
Facility at not less than $863,637, to enter into a contract for purchase of
the Facility upon terms substantially equivalent to those contained in the
Commercial Contract drafted for the 3rd party purchaser. Pursuant to the terms
of the Commercial Contract, the County will be required to provide a deposit of
$95,000 which is refundable only if the due diligence investigations do not
support the purchase. If the appraisal
is not greater than $863,637, Staff will return to the Board for direction on
continuing with the purchase and if the BCC determines not to proceed with the
purchase, the County will forfeit the deposit.
Despite the potential risk associated with the loss of the deposit,
Staff recommends proceeding due to: 1) the importance of having these units
available as the last safety net for approximately 90 families annually; 2)
$95,000 being approximately equal to only 2 months of costs to the County for
alternate emergency shelter accommodations in the event these units are not
available; and 3) very small likelihood of replacing these units on a permanent
basis for less than 18-24 months. In addition, PPM CW-L-023 requires Staff to
disclose any procedural variation from the requirements of the PPM. The variations that apply here include; 1)
the item not being placed on the agenda 14 days in advance of the meeting. This item must be approved by a supermajority
vote (5 votes), and 2) the use of an alternate source selection – emergency as
defined in the PPM. (Administration) Countywide/District 7 (HF)
B. COMMUNITY
SERVICES
1. Staff recommends
motion to approve: allocations for funding for the Domestic
Abuse/Sheltering, Homelessness, Behavioral Health, Special Needs/Developmental
Disability, Economic Stability/Poverty, Senior Services, and Non-competitive
service categories under the Financially Assisted Agencies (FAA) Program, for
the period October 1, 2016, through September 30, 2017, in a total amount not
to exceed $12,132,220. SUMMARY: This item provides the recommended FY 2017
funding allocations for the Financially Assisted Agencies Program. The FAA
recommendations in the Senior Services and Economic Stability/Poverty
categories reflect the results of a request for proposals (RFP) process
initiated in April of this year. Allocations in the other FAA categories are
based on prior year’s funding as this is a renewal year in the three-year cycle
for those categories. The total amount of funding being allocated in this item
is $12,132,220. Funding for these allocations is included in the County
Administrator’s proposed FY 2017 budget and is subject to approval by the Board
of County Commissioners in September 2016. (FAA) Countywide (HH)
AUGUST 16, 2016
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff
recommends motion to:
A) adopt a Resolution authorizing a First Amendment
to extend the term of the Concessionaire Service Agreement (R2013-1018) with
Hawkhaven, LLC d/b/a Lazy Loggerhead Café for the continued operation of
approximately 1,300 SF concession building at Carlin Park in Jupiter at an
annual rate of $77,468.18; and
B) approve the First Amendment to Concessionaire
Service Agreement (R2013-1018) with Hawkhaven, LLC d/b/a Lazy Loggerhead
Cafe′ (Hawkhaven).
SUMMARY: Hawkhaven manages and operates the Lazy
Loggerhead Café in the Carlin Park concession building pursuant to a Concessionaire
Service Agreement (R2013-1018). The initial term of the Agreement was for three
years, expiring on August 31, 2016, with three options to extend, each for a
period of two years. The Concessionaire
Service Agreement requires payment of a guaranteed annual rent of $75,949.20
with 2% annual increases, plus a percentage rent payment equal to the amount by
which 8.5% of gross revenues exceed the guaranteed annual rent. Due to additional special events being held
in the Park, Hawkhaven has sustained a loss in sales and has requested the
County reduce the percentage rent from 8.5% to 8%. Parks acknowledges that these special events
impact the availability of parking and the ability of Hawkhaven customers to
access the restaurant during peak business days during the winter tourist
season. Staff believes that the reduction in percentage rent is appropriate,
will facilitate Hawkhaven’s continued operation of its concession, and is in
the best interest of the County. This First Amendment will extend the term of
Agreement for two years from September 1, 2016, through August 31, 2018;
reduces the percentage rent from 8.5% to 8%; and updates and adds various
standard County provisions. The
guaranteed annual rent for the first year of this two year extension period
will be increased by two percent (2%) to $77,468.18. The Board may terminate the Agreement upon
ninety days written notice. Parks will continue to have administrative
responsibility for this Agreement. (PREM) District
1 (HJF)
AUGUST 16, 2016
5. REGULAR
AGENDA
PAGE LEFT BLANK INTENTIONALLY
* * * * * * * * * * * *
AUGUST 16, 2016
A. ADMINISTRATION
(Community
Alliance of Palm Beach County)
1. Staff recommends
motion to approve: appointment of Tammy K. Fields, Director of Youth
Services, to the Community Alliance (Alliance) of Palm Beach County, effective
August 16, 2016. SUMMARY: The Alliance
was established under the authority of Section 20.19(5), Florida Statutes and
is charged with joint planning for resource utilization in the community,
including resources appropriated to the Department of Children & Families
(DCF), needs assessment and establishment of community priorities for service
delivery, determining community outcome goals to supplement state-required
outcomes, providing community advocacy and education, and promoting prevention
and early intervention services. The Alliance is comprised of nine statutorily
assigned core members: a representative from the DCF, a representative from
county government, a representative from the school district, a representative
from the county United Way, a representative from the county sheriff’s office,
a representative from the circuit court, and a representative from the county
children’s board, if one exists. In addition, there are community leaders,
client representatives and funders of human services to reflect the diversity
of race, culture, geographic location, the faith community, consumers, families,
business leaders and others concerned with the well being of children and their
families. Although not required, a County Commissioner has sat on the Alliance
since 2002. With the creation of the Youth Services Department, Director Tammy
K. Fields has been attending the Community Alliance meetings, and staff
recommends Ms. Fields officially be the County’s representative on the
Alliance. Countywide (HH)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
AUGUST 16, 2016
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
AUGUST 16, 2016
A. District
1 – COMMISSIONER HAL R. VALECHE, VICE MAYOR
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District 3 - COMMISSIONER SHELLEY VANA
ADD-ON: Certificates of Special Recognition
presented to: Brett Slew, Deputy Teresa Grimaldi and Tyler Gray.
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER MARY LOU BERGER, MAYOR
F. District
6 - COMMISSIONER MELISSA MCKINLAY
G. District 7 - COMMISSIONER PRISCILLA A.
TAYLOR
ADD-ON: Request approval to present off-site, a
Proclamation recognizing the Power Evangelism Ministries – 10th
Anniversary Celebration.
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."