May 16, 2017 at 9:30 am
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MAY 16, 2017
PAGE ITEM
17 3H-9 REVISED SUMMARY: On
January 15, 2013, the Board approved a Hotel Lease for the construction and
operation of the Convention Center Hotel. During the design and
construction of the Hotel, County Staff requested that the Hotel loading dock
area be reconfigured to provide a fully enclosed segregated area for service
and delivery vehicles to shield those vehicles from view from the entrance
drive to the Convention Center. This required the Hotel to utilize
approximately 11,800 sf of the Convention Center property which was not
originally included within the leased premises. In addition, CityPlace
Hotel agreed to construct an enclosed walkway connecting the Convention Center
and the Hotel, which also was not included in the leased premises. This
Fourth Amendment adds the loading dock and the connecting walkway into the
leased premises. As a condition of issuing development approvals for the
Hotel, the City of West Palm Beach required landscaping to be planted in the
median of Florida Avenue and the County, as owner of the Hotel property, to be
responsible for maintenance of the landscaping. The Right of Way
Maintenance Agreement documents the County’s maintenance responsibilities and
acknowledges that CityPlace Hotel will perform said maintenance. The
Fourth Amendment to Hotel Lease requires CityPlace Hotel to perform all
obligations of the County under the Maintenance Agreement. The Utility
Easement (water) and Sidewalk Easement along Florida Avenue are also required
by the City of West Palm Beach. The Utility Easement in favor of FPL is
required to provide electrical service to the Hotel. The easement areas vary in
length and width, containing overall approximately 6,609 square feet (0.152
acres). All of the foregoing documents are required for issuance of a
Final Certificate of Occupancy for the Hotel. The Hotel opened for business
in January of 2016 under a temporary Certificate of Occupancy. The Fifth
Amendment to Development Agreement documents that Substantial Completion has
been achieved and extends the deadline for achieving Final Completion to 120
days after the Board’s approval of the Fifth Amendment. CityPlace
Hotel has represented that there is no financial impact from this
extension. The Rent Commencement Date is not extended and is fixed at
July 1, 2017. Consent of CityPlace
Hotel’s mortgagees will be obtained prior to release of the approved
documents. (PREM) District 7 (HJF) (FDO)
NOTE: Items that were revised, added, deleted, or backup submitted and were
not listed on the preliminary 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
MAY 16, 2017
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 6-28)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 29-32)
5. REGULAR
AGENDA (Pages 33-36)
6. BOARD
APPOINTMENTS (Page 37)
7. STAFF
COMMENTS (Page 38)
8. COMMISSIONER
COMMENTS (Page 39)
9. ADJOURNMENT (Page 39)
* * * * * * * * * * *
MAY 16, 2017
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Budget
transfer and amendment from OCR Special Projects and Initiatives Fund to the
Drexel Road Street Light Project
3A-2 Resolution
approving the CareerSource PBC Fiscal Year 2017/2017 budget for the Workforce
Innovation and Opportunity Act of 2014
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Receive and file Agreements with Seacoast
Utility and AT&T Florida for construction on Old Dixie Hwy from Park Avenue
to Northlake Boulevard
3C-2 Receive and file Agreements with Seacoast
Utility and AT&T Florida for construction of utility adjustments of
Australian Avenue from West 10th Street to north of West 13th
Street
Page 8
3C-3 Receive
and file Agreements with Riviera Beach and AT&T Florida for construction of
utility adjustments of Garden Road from RDOT Canal to south of Blue Heron
Boulevard
3C-4 Receive
and file Agreements with the Town of Jupiter, Loxahatchee River Environmental
Control District and AT&T Florida for construction of utility adjustments
for Toney Penna Drive and Old Dixie Hwy
3C-5 Agreement
with Caloosa Property Owners for traffic control jurisdiction
3C-6 Receive
and file Contract between Southeast Highway Guardrail & Attenuators and
Southeast Attenuators, Inc.
E. COMMUNITY SERVICES
Page 9
3E-1 Contracts
with Christians Reaching Out to Society and Nurse Assistant Training School
Page 10
3E-2 Receive
and file Modification to the Florida Department of Economic Opportunity FY 2016
Low Income Home Energy Assistance Program
F. AIRPORTS
Page 10
3F-1 Two Utility Easement Agreements with
FP&L for electric utility facilities
Page 11
3F-2 License Agreement with AECOM Technical
Services
3F-3 Lease between AA Economy Transmission
Specialists
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 11
3G-1 Four
budget transfers from School Impact Fee Zone reserve accounts to appropriation
accounts
Page 12
3G-2 Negotiated
settlement amount with Arcadia Florida Property Holdings
3G-3 Appointment
of Paula J. Ryan to Impact Fee Review Committee
Page 13
3G-4 Resolution
authorizing Eighth Amendment to Loan Agreement with Wells Fargo Bank
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Receive
and file third extension under Lease Agreement with Verizon Wireless
Page 14
3H-2 Solid
Waste Authority Distressed Property Clean-up and Beautification Grant
Application
MAY 16, 2017
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 15
3H-3 Utility
Easement with the City of West Palm Beach for water and sewer
3H-4 First Amendment to Interlocal Agreement with
US Dept of Justice, Bureau of ATF for countywide radio communications
3H-5 Third Amendment to Interlocal Agreement with
Health Care District for countywide radio communications
Page16
3H-6 First
Amendment to Interlocal Agreement with Town of Lantana for radio maintenance
services
3H-7 Second Amendment to Interlocal Agreement with
Town of Lantana for direct access to the County’s Public Safety Radio System
3H-8 Interlocal Agreement with Village of Palm
Springs for radio maintenance services
Page 17
3H-9 Approval of various documents related to CityPlace
Hotel, LLC
I. ECONOMIC SUSTAINABILITY
Page 18
3I-1 Budget Amendment in the Housing and
Community Development Fund for Adopt-A-Family
3I-2 Consent
for Delores Harden to receive State Housing Initiatives Partnership funds for
home repairs
K. WATER UTILITIES
Page18
3K-1 Resolution
to Special Assessment process for the 77th Lane North Water Main
Extension decreasing the cost per parcel
Page 19
3K-2 Work
Authorization No. 1 for Water and Force Main replacement at Dr. Martin Luther
King Boulevard and SW 10th Street in Belle Glade
3K-3 Work
Authorization No. 4 for Water Treatment Plant No. 9 Permeate Flush Project
Page 20
3K-4 Assignment
of Contract from MWH America’s, Inc. to Stantec Consulting Services, Inc.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 21
3L-1 Amendments
to Palm Beach County Artificial Reef & Breakwater Annual Contracts
3L-2 Receive and file Task Assignment Number IP5,
Change Order No. 4 to Contract with Florida Fish and Wildlife Conservation
Commission
M. PARKS & RECREATION
Page 22
3M-1 First Addendum to Authorized Provider
Agreement with American National Red Cross to provide swimming lessons to
underserved populations
U. INFORMATION SYSTEMS SERVICES
Page 22
3U-1 Third
Amendment to Agreement with Early Learning Coalition of Palm Beach County, Inc.
for network services
3U-2 Interlocal
Agreement with Town of Palm Beach for network transport services
Page 23
3U-3 First
Amendment to agreement with Lake Worth Christian School Society, Inc. for
network services
3U-4 First
Amendment to Interlocal Agreement with City of Palm Beach Gardens for network
services
MAY 16, 2017
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
V. METROPOLITAN PLANNING ORGANIZATION
Page 23
3V-1 Budget
amendment and transfer to adjust the County Budget to the amount approved by
FDOT
X. PUBLIC SAFETY
Page 24
3X-1 Approval
for the Second Chance Act Grant Application to the Dept. of Justice for reentry
programs to expand Substance Abuse and Mental Health Services for ex-offenders
Page 25
3X-2 Approval
for the Second Chance Act Grant Application to the Dept. of Justice for reentry
programs to expand on-the-job training opportunities
3X-3 Receive
and file approved State of Florida Department of Health EMS Grant Program
Change Request
Page 26
3X-4 Appointment
of Belma Andric to the Emergency Medical Services Advisory Council
BB. YOUTH SERVICES
Page 26
3BB-1 Child
Nutrition Agreement with the Florida Dept. of Agriculture and Consumer Sciences
to provide meals to children under 18 years old during school vacations
Page 27
3BB-2 Contract
with CareerSource to provide paid internships for out-of-school and not working
youth/young adults ages 17-24
3BB-3 Contract
with Prime Time to offer expanded learning opportunities to youth attending
summer camps
CC. SUPERVISOR OF ELECTIONS
Page 27
3CC-1 Precinct boundary changes due to municipal
annexations in Palm Beach Gardens
DD. TOURIST DEVELOPMENT COUNCIL
Page 28
3DD-1 Eighth Amendment to Agreement with Discover
Palm Beach County, Inc. for additional advertising funds for the summer season
EE. WESTGATE COMMUNITY REDEVELOPMENT AGENCY
Page 28
3EE-1 Second modification to subgrant agreement with
the State of Florida Division of Emergency Management to reduce grant funding
PUBLIC HEARINGS – 9:30 A.M.
ENGINEERING &
PUBLIC WORKS
Page 29
4A-1 Resolution to eliminate the public
dedication at the south 550 feet of Stacy Street which conflicts with future
redevelopment plans
ECONOMIC SUSTAINTABILITY
Page 29
4B-1 Ordinance
repealing Chapter 14, Article V of the Palm Beach County Affordable Housing
Ordinance and adopting a new Affordance Housing Ordinance
Page 30
4B-2 Ordinance
establishing a tax exemption for Pratt & Whitney – Florida Engine Delivery
Center
Page 31
4B-3 Ordinance
establishing a tax exemption for Pratt & Whitney – Auxiliary Power Unit
MAY
16, 2017
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M. CONTINUED
WATER UTILITIES
Page 32
4C-1 Resolution
confirming the Special Assessment Roll for the 68th Street North
Water Main Extension Project
REGULAR AGENDA
ADMINISTRATION
Page 33
5A-1 Amendment
No. 1 to Contract with Verdenia C. Baker for a five-year extension
ENGINEERING & PUBLIC WORKS
Page 34
5B-1 2017/2018
Street Lighting Replacement Schedule
PUBLIC SAFETY
Page 35
5C-1 Resolution urging the United States Dept of
Agriculture to reactivate its animal care search tool
PLANNING, ZONING & BUILDING
Page 36
5D-1 Resolutions
and restrictive covenants granting tax exemptions for six historic buildings
BOARD
APPOINTMENTS (Page 37)
STAFF COMMENTS (Page 38)
COMMISSIONER
COMMENTS (Page 39)
ADJOURNMENT (Page 39)
MAY 16, 2017
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A)
Budget Transfer of $57,705 in the Capital Outlay Fund, from the Drexel Road
Street Lighting Project account to the OCR Special Projects and Initiatives
Fund for maintenance; and
B)
Budget Amendment of $57,705 in the OCR Special Projects and Initiatives
Fund to recognize and appropriate the transfer from the Capital Outlay Fund to
the Drexel Road Street Light Project.
SUMMARY: The Drexel Road Street Lighting Project was
requested by the Palm Beach Sheriff’s Office (PBSO) and residents of the
surrounding CCRT areas to address public safety concerns. The project entailed the installation and 20-year
maintenance of 46 cobra head
streetlights along the Drexel Road corridor. A total of $230,000 was
allocated to this project. Of which, $90,000 was for the installation of
the lights, and $140,000 for the ongoing operation and maintenance of the
lights for a 20-year period. The requested transfer of $57,705 is needed
to ensure there will be sufficient funds to cover the maintenance of the lights for the entire 20-year period. District 2 (DW)
2. Staff recommends
motion to:
A)
adopt a Resolution of the
Board of County Commissioners of Palm Beach County, Florida approving the
CareerSource Palm Beach County (CSPBC) Fiscal Year 2017-2018 Budget in the
amount of $15,044,698 for its programs under Public Law 113-128, enacted by
Congress effective July 1, 2015, which Act is known as the Workforce Innovation and Opportunity Act (WIOA) of 2014;
B)
approve a waiver from the
Statutory Individual Training Account (ITA) requirement; and
C)
approve an amendment of the
Contract to Administer Grant Funds with CSPBC for the Fiscal Year 2017-2018.
Summary: On December 16, 2014, the Board of
County Commissioners (BCC) approved a contract to administer grant funds
(R2014-1894) with CareerSource Palm Beach County (CSPBC) which services include
the design, coordination, and implementation of the local workforce development
system for Palm Beach County. CSPBC receives Federal funding through the State
Department of Economic Opportunity (DEO).
Funds are received by the DEO from the US Department of Labor, US
Department of Health & Human Services, and the US Department of Agriculture.
These are formula funds which are based on the Federal budget and the local
population statistics. The Fiscal Year
2017-2018 Budget, in the amount of $15,044,698, includes the following revenue
sources: $11,885,015 from the US Department of Labor; $2,615,800 from the US
Department of Health and Human Services for Temporary Assistance for Needy
Families; $522,400 from the US Department of Agriculture for the Supplemental
Nutrition Assistance Program; and $21,483 from Palm Beach State College. CSPBC is requesting a waiver of the statutory
Individual Training Account requirement from CareerSource Florida. Approval for
a waiver is necessary to ensure that overall services to participants are not
reduced. The DEO requires at least 50%
of the Adult and Dislocated WIOA funds to be spent on individual training
activities. Due to continued decrease in funding, CSPBC is concerned that the
50% criteria may not be met and as a result is requesting a waiver from the
requirement. Although a waiver will be sought, CSPBC will strive to meet the
50% requirement. Staff is recommending approval of the amendment of the
Contract to Administer Grant Funds for the Fiscal Year 2017-2018. Countywide
(HH)
MAY 16, 2017
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: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to receive and file:
A) an interlocal agreement with the Seacoast Utility Authority (Seacoast)
for joint participation and project funding for construction of Old Dixie
Highway from Park Avenue to Northlake Boulevard (Project); and
B) an agreement with AT&T Florida (AT&T) for joint participation and
project funding for construction of the project.
SUMMARY: These
agreements are being submitted to the Clerk and Comptroller of Palm Beach
County in accordance with Countywide PPM CW-O-051. The agreements were approved by the Deputy County Engineer as a delegated
authority in accordance with Palm Beach County Administrative Code Section
404.00 on September 1, 2016, for Seacoast and on September 22, 2016, for
AT&T. District 1 (LBH)
2. Staff recommends
motion to receive and file:
A) an interlocal agreement with the City of Riviera Beach Utility District (City) for joint participation and project funding for construction of utility adjustments of Australian Avenue from West 10th Street to 300' north of West 13th Street (Project); and
B) an agreement with AT&T Florida (AT&T) for joint participation and project funding for construction of utility adjustments of the project.
SUMMARY: These agreements are being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051. The agreements were approved by the Deputy County Engineer as a delegated authority in accordance with Palm Beach County Administrative Code Section 404.00 on September 27, 2016 for the City and on September 22, 2016 for AT&T. District 7 (LBH)
MAY 16, 2017
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to receive and file:
A) an interlocal agreement with the City of Riviera Beach Utility District
(City) for joint participation and project funding for construction of utility
adjustments of Garden Road from FDOT Canal to south of Blue Heron Boulevard (Project);
and
B) an agreement with AT&T Florida (AT&T) for joint participation
and project funding for construction of utility adjustments of the project.
SUMMARY: These
agreements are being submitted to the Clerk and Comptroller of Palm Beach County
in accordance with Countywide PPM CW-O-051. The agreements were approved by the Deputy County Engineer as a
delegated authority in accordance with Palm Beach County Administrative Code
Section 404.00 on September 27, 2016, for the City and on September 22, 2016,
for AT&T. District 7 (LBH)
4. Staff
recommends motion to receive and file:
A) an interlocal agreement approved by the Deputy County Engineer on September
1, 2016, with the Town of Jupiter for joint participation and project funding
for construction of utility adjustments for Toney Penna Drive and Old Dixie
Highway (Project);
B) an interlocal agreement approved by the Deputy County Engineer on August
5, 2016, with the Loxahatchee River Environmental Control District for joint
participation and project funding for construction of utility adjustments for
the project; and
C) an agreement approved by the Deputy County Engineer on September 22, 2016,
with AT&T Florida (AT&T) for joint participation and project funding
for construction of utility adjustments for the project.
SUMMARY: These
agreements are being submitted to the Clerk and Comptroller of Palm Beach
County in accordance with Countywide PPM CW-O-051. The agreements were approved by the Deputy County Engineer as a
delegated authority in accordance with Palm Beach County Administrative Code
Section 404.00. District 1 (LBH)
5. Staff recommends motion to approve: an agreement with Caloosa Property Owners Association, Inc. (Community) for traffic control jurisdiction to be performed by the Palm Beach County Sheriff’s Office (Sheriff). SUMMARY: Approval of this agreement will authorize the Sheriff to provide enforcement of the traffic laws of the state upon the private roadways during normal patrol hours within the community. District 1 (LBH)
6. Staff recommends motion to:
A) receive and file the assignment and assumption of Contract between Southeast Highway Guardrail & Attenuators, LLC (SHGA) and Southeast Attenuators, Inc. (SAI) dated March 17, 2017; and
B) approve a retroactive payment to SHGA for tasks performed under the annual guardrail contract R2016-0845 with SAI after the acquisition of SAI by SHGA on July 5, 2016.
SUMMARY: Approval will allow SHGA to be paid for past work orders performed by SHGA under contract R2016-0845. Payment is for work done by SHGA after they acquired SAI and is expected to be approximately $80,600. Countywide (LBH)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) Contract
for Consulting/Professional Services with Christians Reaching Out to Society, Inc. (CROS), for the period May 16,
2017, through March 31, 2018, in an amount not to exceed $75,000 to provide
gleaning services; and
B) Contract
for Consulting/Professional Services with Nurse Assistant Training School, Inc.
(NATS) d/b/a Academy for Nursing and Health Occupations, for the period May 16,
2017, through March 31, 2018, in an amount not to exceed $58,240 to provide
various training services to low-income participants.
SUMMARY: On February 7, 2017, the Board of County
Commissioners approved a list of six pre-qualified non-profit agencies to
provide various training services for the Community Action Program and
authorized the County Administrator, or designee, to execute contracts and
amendments for this purpose (Agenda Item 3E-1). NATS is one of the agencies
selected to provide certified nursing assistant and patient care technician
training and job placement services to qualified clients. CROS will recruit
and coordinate gleaning opportunities through local church, civic and
non-profit agencies within the County to develop strong neighborhood
relationships, opportunities and support systems. Gleaning is the gathering of
excess produce after the fields have been harvested. The produce is distributed
to homeless shelters, day care centers, senior centers, and emergency food
pantries. The funds are provided by the
Community Service Block Grant (CSBG). Qualified clients must be residents of
Palm Beach County and meet the Federal Poverty Guidelines. A portion of
CSBG funds will be used to provide training for eligible participants. No
County funds are required.
(Community Action Program) Countywide (HH)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to receive and file:
A) Modification No. 2 to the Florida
Department of Economic Opportunity FY 2016 Low Income Home Energy Assistance
Program (LIHEAP) Federally Funded Subgrant Agreement No. 16EA-0F-10-60-01-023
(R2016-0487), with the State of Florida, Department of Economic Opportunity,
for the period March 1, 2016, through March 31, 2017, for a total amount not to
exceed $3,226,192 to provide energy payment assistance to low income residents
of Palm Beach County; and
B) FFY 2017 Federally Funded Subgrant
Agreement Community Services Block Grant (CSBG) Program Agreement No.
17SB-0D-10-60-01-121, with the State of Florida, Department of Economic
Opportunity, for the period October 1, 2016, through March 31, 2018, for a
total amount not to exceed $1,625,968 to provide self-sufficiency services to
low income residents of Palm Beach County.
SUMMARY: The
Florida Department of Economic Opportunity awarded the Palm Beach County
Community Action Program (CAP) $3,226,192 in LIHEAP funds and $1,625,968 in
CSBG Funds. LIHEAP funds are used to provide energy payment assistance to over
7,000 households in Palm Beach County. CSBG funds are used to provide
employment skills training and job placement services, rental assistance,
utility assistance and case management services to more than 500 low income
residents of Palm Beach County. A portion of CSBG
funds will be used to provide training for eligible participants. The trainings
offered will be aligned with the skills needed by construction companies for
the completion of projects funded by the infrastructure sales tax. Wraparound
services will also be provided, which will include assistance from the LIHEAP
program. These items, which were
previously signed by the Mayor and ratified by the Board on April 4, 2017, are
being submitted in accordance with Countywide PPM CW-O-051 to allow the Clerk’s
Office to receive and file them. Sufficient funding is included in the
current budget to meet County obligations. No
County match funds are required. (Community Action Program) Countywide
(HH)
F. AIRPORTS
1. Staff
recommends motion to
approve: two Utility
Easement Agreements (Easements) with Florida Power & Light Company (FPL)
for electric utility facilities on parcels of land west of the Palm Beach
International Airport (PBIA) in West Palm Beach. SUMMARY: In order to redevelop property west of PBIA, the
Department of Airports has requested the abandonment of portions of public road
rights of way within a parcel of land lying between Military Trail and
Haverhill Road. FPL currently maintains electric utility facilities within
certain rights of way, and easements will be granted to FPL concurrent with
those abandonments in order for FPL to maintain its existing service. FPL has requested the Easements in order to
connect FPL’s existing utility service lines abutting roadways that will be
abandoned. Consent from utility
companies is necessary to abandon the road rights of way. FPL has agreed to issue a letter of no
objection to the abandonments, but is requiring the County to grant the
Easements. Countywide (HJF)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends motion to receive and file: License
Agreement with AECOM Technical Services, Inc., commencing April 10, 2017,
expiring on
April 30, 2017, and automatically renewing on a month-to-month basis thereafter,
but not beyond September 30, 2019, providing for the use of office and
administration space in Building C associated with various consulting projects
at the Palm Beach International Airport without charge. SUMMARY: Delegation of authority for execution of the standard
County agreements above was approved by the Board of County Commissioners in R2007-2070.
Countywide (AH)
3. Staff recommends
motion to approve: a Consent to Assignment of the Lease
(Consent) between AA Economy Transmission Specialists, LLC, a Florida limited
liability company (AA) and Victor Contreras for the assignment and assumption
of the Lease Agreement (Lease) for property at 325 N. Military Trail, West Palm
Beach, FL 33406, near the Palm Beach International Airport (PBIA) (R2012-0625).
SUMMARY: AA leases property at 325
N. Military Trail west of PBIA to operate an automobile repair business. AA wishes to assign to the Lease to Contreras
who will assume all rights, duties and obligations under the Lease. The term of the Lease expires on October 31,
2018, with no further renewal options. Countywide
(HJF)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve:
A) Budget Transfer
from School Impact Fee Zone 1 reserve account to School Impact Fee Zone 1 appropriation
account for $1,208,162;
B) Budget Transfer
from School Impact Fee Zone 2 reserve account to School Impact Fee Zone 2 appropriation
account for $3,107,360;
C) Budget Transfer
from School Impact Fee Zone 3 reserve account to School Impact Fee Zone 3 appropriation
account for $2,226,540; and
D) Budget Transfer
from School Impact Fee Zone 4 reserve account to School Impact Fee Zone 4
appropriation account for $405,685.
SUMMARY: Impact fees budgeted in reserve accounts
cannot be appropriated until funds have been collected. These budget transfers recognize school
impact fee revenues as of March 29, 2017, and allow for their appropriation so
that the County may remit funds to the School District in accordance with
Article 13 of the Unified Land Development Code (ULDC). Countywide (LB)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Staff recommends
motion to approve: a negotiated settlement
offer in the amount of $20,600 for the full satisfaction of a Code Enforcement
Lien that was entered against Arcadia Florida Property Holdings LP on November
4, 2015. SUMMARY: The Code
Enforcement Special Magistrate (CESM) entered an Order on August 5, 2015, for
property owned by Arcadia Florida Property Holdings LP giving them until
October 4, 2015, to bring the property located at 11961 US Highway 1, North
Palm Beach, into full Code Compliance. The property had been cited for not
obtaining the required electrical permits. 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 Arcadia
Florida Property Holdings LP on November 4, 2015. Code Enforcement issued an
Affidavit of Compliance for the property stating that as of October 18, 2016,
the electrical violation had been fully corrected. The total accrued lien
amount as of December 1, 2016, the date on which settlement discussions began,
totaled $41,490.69, of which Arcadia Florida Property Holdings LP has agreed to
pay the County $20,600 (49.6%) for full settlement of their outstanding Code
Enforcement Lien. District 1 (SF)
3. Staff recommends
motion to approve: the appointment of Paula J. Ryan to the
Impact Fee Review Committee to complete the unexpired term of James Dubois for
the period May 16, 2017, through March 9, 2018.
Nominee Seat No. Requirement Nominated By
Paula
J. Ryan 2 Municipal League of Cities
SUMMARY: The Impact
Fee Review Committee is composed of seven members and three alternate
members. The voting membership of the
IFRC shall include three representatives from municipalities within PBC, three
representatives from the business community, and one member selected
at-large. The alternate members shall
include one representative from each of the three categories listed above. This agenda item provides for the appointment
of Paula J. Ryan for the period May 16, 2017, through March 9, 2018, to
complete the unexpired term of James Dubois who resigned. Paula J. Ryan has completed the required
ethics training. This Committee
has seven seats, five seats currently filled and diversity count of Caucasian:
4 (80%), African American: 1 (20%). The gender ratio (female:male) is
0:5. This nominee is a Caucasian female. Countywide (LB)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
4. Staff recommends
motion to adopt: a
Resolution authorizing the execution of an Eighth Amendment to Loan Agreement
in connection with the extension of the County’s line of credit dated May 21,
2009, with Wells Fargo Bank, N.A., that satisfies the debt service reserve fund
requirements for several of the County’s outstanding bond issues; authorizing
the execution of a separate Eighth Amendment to Loan Agreement in connection
with the extension of the County’s separate line of credit with Wells Fargo
Bank N.A. (the Bank), dated June 4, 2009, that satisfies the debt service
reserve fund requirements for several other County bond issues and providing an
effective date. SUMMARY: Under the terms of the
loan agreements, the County requested that the Bank extend the maturity date
for the remaining loan agreement. The Bank has agreed to extend the loan
agreement for three months for the remaining bond issue. The bond issue will
mature in the beginning of the next fiscal year and the related letter of
credit will no longer be needed after this fiscal year. The County will
continue to pay an annual fee of .65% ($31,062) for the remaining letter of
credit issued to satisfy the debt service reserve requirements under the loan
agreement. Due to the one bond maturing, this amendment will decrease the
annual cost approximately $31,062. The Bonds originally had debt service
reserves that were funded by surety policies issued by municipal bond insurance
companies. When those companies had their AAA rating downgraded below a
level specified in the bond resolutions, the County had to replace the surety
policies with letters of credit. The County’s AAA bond rating enabled the
replacement in an expedient manner at a time when it was difficult for
governments with a lesser rating to borrow money. Countywide (PFK)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: a notice
of exercise of the third extension option under the Lease Agreement
(R2002-1464) with Verizon Wireless Personal Communications, L.P. for the
continued use of nine wireless communication antennas located on the roof top
of the Southern Region Water Reclamation Facility in Boynton Beach. SUMMARY: Since August 20, 2002, Verizon
Wireless Personal Communications, L.P. (Verizon) has operated and maintained
nine wireless communication antennas and radio equipment on the rooftop of the
Southern Region Water Reclamation Facility located at 12751 Hagen Ranch Road in
Boynton Beach. The initial term of the
Lease Agreement was for five years ending on August 19, 2007, and contained
five extension options, each for a period of five years. Verizon is
exercising its third five-year extension option for the period of August
20, 2017, through August 19, 2022. The annual
rent will be increased by three percent (3%) from $45,377.71 to $46,739.04
effective August 20, 2017. The Water Utilities
Department is satisfied with Verizon’s performance and will continue to have
administrative responsibility of the Lease Agreement. Pursuant
to the terms of the Lease Agreement, Verizon has the right to exercise its
option and the Board has no discretionary authority to not allow the exercise
of the option. There remain two five-year
options available to Verizon. All
other terms and conditions of the Lease Agreement will remain in full force and
effect. (PREM) District 5 (HJF)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
A) a Solid Waste Authority (SWA) Distressed Property Clean-up and
Beautification Grant Application for
grant funds in the amount of $5,900 to demolish a County owned derelict mobile
home within the Palm Lake Cooperative Mobile Home Park;
B) an Interlocal Grant Agreement with the Solid Waste Authority for $5,900
of Blighted and Distressed Property Clean-up and
Beautification grant funds;
C) a Budget Amendment of $5,900 in the General Fund to recognize funding
from SWA;
D) a County Deed for the conveyance of the
County’s interest in a +0.10 acre mobile home lot to the Palm Lake Cooperative,
Inc. (Palm Lake); and
E) a County Deed for the conveyance of the
County’s interest in a +0.13 acre mobile home lot to Palm Lake.
SUMMARY: In October 2015, the County received a Tax
Deed for a +0.10 acre mobile home lot with an 804 SF manufactured home at 4152
70th Court North, Riviera Beach, and in January 2016, received a Tax
Deed for a +0.13 acre vacant mobile home lot located at 4023 68th
Street North, Riviera Beach. Both
parcels are located within the Palm Lake Cooperative Mobile Home Park, an
active adult (55+) retirement community in unincorporated Palm Beach
County. The parcels have been deemed
surplus as they serve no County purpose and DES had no interest in attempting
to utilize these parcels for affordable housing. The total assessed value of the two parcels
is $21,307. As neither parcel exceeds
$25,000 in value, appraisals are not required. Review by the Property Review
Committee is not required as the assessed value of each parcel is less than
$250,000. The Solid Waste Authority
(SWA) Distressed Property Clean-up and Beautification Grant will offset the
costs for demolishing the manufactured home at 4152 70th Court
North. The term of the Interlocal
Agreement expires on February 8, 2018.
Staff recommends conveying these parcels to Palm Lake at no cost upon
demolition of the manufactured home. In
exchange for the conveyance of the two parcels at no cost and demolition of the
manufactured home, Palm Lake will not seek any monetary amounts or hold the
County responsible for any assessments, late fees and interest that came due on
either of the parcels during the time that the County held an interest in the
parcels, which is currently estimated to be $11,500. These conveyances to Palm Lake will relieve
the County of potential liability for occurrences on the parcels and places the
parcels back on the tax rolls. The
County will pay all closing costs and any other costs associated with this
conveyance. The County will not retain
mineral and petroleum rights because the County does not hold fee title. Closing is to occur within 60 days of
demolition of the manufactured home. This conveyance must be approved by a
Supermajority Vote (5 Commissioners). (PREM)
District 1 (HJF)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: a Utility
Easement in favor of the City of West Palm Beach. SUMMARY: Construction of the Palm Beach County
Convention Center parking garage is nearing completion and a Utility Easement
is being required by the City of West Palm Beach. This easement is for water and sewer line
purposes, which will include two non-contiguous areas servicing the parking
garage. The first section is 15' wide
and approximately 88.84' long, and covers an area of 1,333 square feet (.03
acres). The second section is 15' wide,
and approximately 79.6' long, covering an area of 850.5 square feet (.02
acres). This Utility Easement will be
granted at no charge and recorded following acceptance by the City of West Palm
Beach. (PREM) District 7 (HJF)
4. Staff
recommends motion to approve: a
First Amendment to Interlocal Agreement (R2012-0565) with United States
Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, a
Federal Agency, (ATF) to extend the term of the Agreement for interoperable
radio communications through the countywide common talk groups of the County’s
800 MHz Radio System retroactively to April 16, 2022. SUMMARY: The Agreement, which provides the terms and
conditions under which ATF can program its radios and utilize the countywide
common talk groups for certain inter-agency communications expired on April 16,
2017. The Agreement provides for three renewal options, each for a period of
five years. ATF has approved a renewal to extend the term of the Agreement
retroactively to April 16, 2022, and the renewal now requires Board approval.
The terms of the Agreement are standard and have been offered to all
municipalities and local branches of State/Federal agencies with 800 MHz
trunked radio capabilities. There are no
charges associated with the Agreement. ATF is required to pay all costs
associated with its subscriber units and to comply with established operating
procedures for the System. The Agreement may be terminated by either party,
with or without cause with ten-day notice. This First Amendment renews the
term, updates the attachment, modifies the provisions on preventative
maintenance, provides for disclosure of County Code Sections 2-421-2-440
establishing the Office of the Inspector General and adds standard County
nondiscrimination and third party beneficiary provisions. Other than the changes set forth herein, all
other terms remain the same. (ESS) Countywide
(LDC)
5. Staff
recommends motion to approve: a
Third Amendment to Interlocal Agreement (R2002-0548) with Health Care District
of Palm Beach County, a political subdivision of the State of Florida
(District) to extend the term of the Agreement for interoperable radio
communications through the countywide common talk groups of the County’s 800
MHz Radio System retroactively to April 15, 2022. SUMMARY: The Agreement, which provides the terms and
conditions under which District can program its radios and utilize the
countywide common talk groups for certain inter-agency communications expired
on April 15, 2017. The Agreement provides for three renewal options, each for a
period of five years. District has approved a renewal to extend the term of the
Agreement retroactively to April 15, 2022, and the renewal now requires Board
approval. The terms of the Agreement are standard and have been offered to all
municipalities and local branches of State/Federal agencies with 800 MHz
trunked radio capabilities. There are no
charges associated with the Agreement. District is required to pay all costs
associated with its subscriber units and to comply with established operating
procedures for the System. The Agreement may be terminated by either party,
with or without cause with ten-day notice. This Third Amendment renews the term
and adds standard County nondiscrimination and third party beneficiary
provisions. Other than the changes set
forth herein, all other terms remain the same.
(ESS) Countywide (LDC)
MAY 16, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff
recommends motion to approve: a First Amendment to Interlocal Agreement
(R2015-0171) (Agreement) with the Town of Lantana (Town) to retroactively
extend the term of the Agreement for radio maintenance services to April 6,
2021. SUMMARY: The Agreement,
which provides the terms and conditions under which the Town receives radio
equipment maintenance services from the County, expired on April 6, 2017. The Agreement provides for one renewal option
for a period of four years. The Town has
approved a renewal to extend the term of the Agreement to April 6, 2021, and
the renewal now requires Board approval. The terms of the Agreement are
standard and the maintenance rates are consistent with those being charged to
County departments. Services will be
provided on an as-needed basis and billed to the Town. In the event that the County must out-source
the labor, a separate labor rate is provided to cover the cost of the contract
labor. The rates may be adjusted annually with notification by June 1
(effective the following October 1st) at the County’s sole
discretion, but in no event shall the Town’s fee schedule exceed the fee
schedule applied to County departments.
The Agreement may be terminated by either party, with or without cause,
with a minimum of three-month notice. This First Amendment renews the
term. Other than the changes set forth
herein, all other terms remain the same. (ESS) Countywide (LDC)
7. Staff recommends
motion to approve: a
Second Amendment to Interlocal Agreement (R2009-0559) with the Town of Lantana
(Town) to retroactively extend the term of the Agreement allowing for direct
access to the County’s Public Safety Radio System (System) to April 7,
2021. SUMMARY: The Agreement,
which provides the terms and conditions under which the Town can directly
access the System, expired on April 6, 2017.
The Agreement provides for two renewal options, each for a period
of four years. The Town has approved a renewal to
retroactively extend the term of the Agreement to April 7, 2021, and the
renewal now requires the Board approval.
The terms of this Agreement are standard and have been offered to all
municipalities and local branches of State/Federal agencies where connection
through an established municipal hub is not technically feasible. The Town’s
Police Department has been interoperable with the County’s System, initially
through a Talk Group Agreement, and beginning in 2005 via a Direct Connect
Agreement. The annual fees are
consistent with those being charged to the County Departments. In addition, the Town is required to pay all
costs associated with Town’s subscriber units and to comply with the
established operating procedures for the System. The Agreement may be
terminated by either party, with or without cause on October 1st of
any year, with a minimum of six months’ notice.
The Second Amendment renews the term, updates the Town’s and County’s
responsibilities, modifies the provision of annual budget information to be
provided, and adds standard County nondiscrimination provisions. (ESS)
Countywide (LDC)
8. Staff recommends
motion to approve: an Interlocal Agreement (Agreement) with the
Village of Palm Springs (“Participant”) for radio maintenance services. SUMMARY: The Agreement provides for radio equipment
maintenance services to the Participant, by Facilities Development &
Operations/Electronic Services & Security Division (FDO/ESS). The services are to be charged on an hourly
basis at a cost of $65 per hour/person and $97.50 per hour/person for overtime
work. In the event the County must
out-source the labor, a separate labor rate is provided to cover the cost of
the contract labor. The rates may be
adjusted annually with notification by June 1 (effective the following October
1st) at the County’s sole discretion, but in no event shall the
Participant’s fee schedule exceed the fee schedule applied to County
departments. The term of the Agreement is for three years with one additional
renewal for a term of three years. The
Agreement may be terminated by either party, with or without cause, with a
minimum of three months’ notice. The
County has been providing radio equipment maintenance service to the
Participant since May 17, 2005. (ESS) Countywide
(LDC)
MAY 16, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. REVISED Staff recommends a
motion to approve:
A)
a Fourth Amendment to Hotel
Lease between CityPlace Hotel, LLC and Palm Beach County (R2013-0104) to add
additional land area into the Hotel Lease;
B) a
Right-of-Way Maintenance Agreement in favor of the City of West Palm Beach for
maintenance of the landscaping within the median and right-of-way for Florida
Avenue;
C) a
Sidewalk Easement in favor of the City of West Palm Beach;
D) a
Utility Easement in favor of the City of West Palm Beach to provide water
service to the Hotel;
E) a
Utility Easement Agreement in favor of FPL to provide for electrical service to
the Hotel; and
F) a Fifth Amendment to Development Agreement
between Palm Beach, The Related Companies, LP and CityPlace, LLC to document
that substantial completion has been obtained.
SUMMARY: On January
15, 2013, the Board approved a Hotel Lease for the construction and operation
of the Convention Center Hotel. During the design and construction of the
Hotel, County Staff requested that the Hotel loading dock area be reconfigured
to provide a fully enclosed segregated area for service and delivery vehicles
to shield those vehicles from view from the entrance drive to the Convention
Center. This required the Hotel to utilize approximately 11,800 sf of the
Convention Center property which was not originally included within the leased
premises. In addition, CityPlace Hotel agreed to construct an enclosed
walkway connecting the Convention Center and the Hotel, which also was not
included in the leased premises. This Fourth Amendment adds the loading
dock and the connecting walkway into the leased premises. As a condition
of issuing development approvals for the Hotel, the City of West Palm Beach
required landscaping to be planted in the median of Florida Avenue and the
County, as owner of the Hotel property, to be responsible for maintenance of
the landscaping. The Right of Way Maintenance Agreement documents the
County’s maintenance responsibilities and acknowledges that CityPlace Hotel
will perform said maintenance. The Fourth Amendment to Hotel Lease
requires CityPlace Hotel to perform all obligations of the County under the
Maintenance Agreement. The Utility Easement (water) and Sidewalk Easement
along Florida Avenue are also required by the City of West Palm Beach.
The Utility Easement in favor of FPL is required to provide electrical service
to the Hotel. The easement areas vary in length and width, containing overall
approximately 6,609 square feet (0.152 acres). All of the foregoing
documents are required for issuance of a Final Certificate of Occupancy for the
Hotel. The Hotel opened for business in January of 2016 under a temporary
Certificate of Occupancy. The Fifth Amendment to Development Agreement
documents that Substantial Completion has been achieved and extends the
deadline for achieving Final Completion to 120 days after the Board’s approval
of the Fifth Amendment. CityPlace Hotel has represented that there
is no financial impact from this extension. The Rent Commencement Date
is not extended and is fixed at July 1, 2017. Consent of CityPlace Hotel’s mortgagees will
be obtained prior to release of the approved documents. (PREM) District
7 (HJF)
MAY 16, 2017
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve: a
Budget Amendment of $4,356 in the Housing and Community Development Fund
(CDBG). Summary: Adopt-A-Family of the Palm Beaches, Inc. (AAF)
received $90,000 in Fiscal Year 2015-16 Emergency Solutions Grant (ESG) funds
to support operations of an emergency shelter for homeless families. They paid $4,355.08 of this amount as a
deposit to Florida Power and Light. The
deposit of $4,355.08 paid from ESG funds has now been returned. This Budget Amendment is required to increase
the ESG budget to enable the use of the returned funds for current year expenditures.
These are Federal funds that require a
dollar for dollar match which may be provided in the form of cash or in-kind
contributions. Countywide (JB)
2. Staff recommends
motion to approve: Consent
for Delores Harden, a relative of a Palm Beach County Youth Services Department
employee, to receive State Housing Initiatives Partnership (SHIP) Program funds
under the Housing Rehabilitation Program as administered by the Department of
Economic Sustainability (DES). Summary: Delores Harden is an income eligible applicant who is
seeking to receive a deferred forgivable loan of $71,282 under the Housing
Rehabilitation Program. Funding availability for the program was
posted on the DES website and advertised to the general public in the Palm
Beach Post on February 21st and 24th, 2016. Applicants under this program are funded on a
first qualified, first approved basis as long as funds are available. Ms.
Harden applied for assistance on April 6, 2016, to repair her home at 245
Cypress Avenue in Pahokee. It contains
2,136 square feet with five (5) bedrooms and two (2) bathrooms. The appraised value of the home, according to
the Palm Beach County Property Appraiser, is $60,311. The County’s second mortgage of $71,282 will
be a deferred loan that is forgiven at the end of 15 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 15 years, the entire principal amount will become
due and payable. It is DES policy to
seek the consent of the Board of County Commissioners whenever relatives of
County employees are receiving assistance through DES Programs. These are State SHIP funds which require no
local match. District 6
(JB)
K. WATER UTILITIES
1. Staff
recommends motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
amending Resolution No. R2016-1419 pertaining to the Special Assessment process
for the 77th Lane North Water Main Extension (Project), reducing the
individual assessment from $11,577.52 to $10,430.88 per parcel. Summary: On September 27, 2016, the Board of
County Commissioners (BCC) adopted Resolution R2016-1419 confirming the
Project. Pursuant to Section 9 of Ordinance No. 2001-0010, property owners are
entitled to a reduction in their individual assessment if the final cost of the
project falls below the original estimate. The assessment adopted by the BCC
was based upon an estimated assessable cost of $115,775.23 before construction.
The Project provided for the construction of potable water lines to serve ten
residential properties. The actual assessable cost is $104,308.80 after
completion of construction of the Project.
The individual cost to the property owners decreased from $11,577.52 to
$10,430.88 per parcel. (WUD Project No. 16-007) District 6 (MJ)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: Work Authorization (WA) No. 1 for the Water and Force
Main replacement at Dr. Martin Luther King Jr. Boulevard and SW 10th
Street in Belle Glade (Project) with Hinterland Group Inc. in the amount of
$324,736.43. Summary: On January 10, 2017, the
Board of County Commissioners (BCC) approved the Pipeline Continuing Construction Contract (Contract)
with Hinterland
Group Inc. (R2017-0072). WA No. 1 provides for the
replacement of approximately 160 linear feet of an existing 12-inch water main
and 8-inch force main at the intersection of Dr. Martin Luther King Jr. Boulevard
and SW 10th Street in Belle Glade. Existing pipes are not located at
sufficient depth for proper protection and the pipes have failed in the past
due to traffic impacts. The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance is 15% overall. The Contract provides for SBE participation of 15%.
WA No. 1 includes 100% overall participation. The cumulative SBE participation,
including WA No. 1, is 100% overall. Hinterland Group Inc. is a Palm Beach
County company. The Project is included in the FY17/18 Capital Improvement Plan
adopted by the BCC. (WUD Project No. 16-014) District 6
(MJ)
3. Staff
recommends motion to approve: Work Authorization (WA)
No. 4 for the Water Treatment Plant (WTP) No. 9 Permeate Flush Project
(Project) with Globaltech, Inc. in the amount of $1,999,288. Summary: On March 10, 2015, the
Board of County Commissioners (BCC) approved the Water Utilities Department
(WUD) Contract for Optimization and Improvements Design-Build (Contract) with
Globaltech, Inc. (R2015-0315). WA No. 4
will make improvements to the permeate flush and membrane cleaning systems of
WTP No. 9 to improve operations and extend the life of the water treatment
membranes. Specific work will include
the construction of permeate storage and pumping intended to reduce biological
fouling during process shutdown. The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance is 15% overall. The Contract
with Globaltech,
Inc.
provides for SBE participation of 75%. WA No. 4
includes 97.77% overall SBE participation.
The cumulative SBE participation including this work authorization is
96.29% overall. Globaltech, Inc. is a Palm Beach County company. This Project is included in the Capital
Improvement Plan adopted by the BCC.
(WUD Project No. 13-003) District 5 (MJ)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to approve:
A) a Consent to Assignment of the Contract for
Engineering and Construction Services Owner’s Advisor (R2014-1188) from MWH
Americas, Inc. (MWH) to Stantec Consulting Services, Inc. (Stantec);
B) Consultant Services Authorization (CSA) No. 5 to
the Contract for Engineering and Construction Services Owner’s Advisor
(R2014-1188) with Stantec in the amount of $2,985,246.52 for a period of 365
calendar days; and
C) Amendment No. 1 to the Contract for Engineering
and Construction Services Owner’s Advisor (R2014-1188) providing for the
renewal of the contract for one year, starting August 20, 2017.
Summary: On August 19, 2014, the Board of County
Commissioners approved the Water Utilities Department (WUD) Contract for Engineering and Construction
Services Owner’s Advisor (Contract) with MWH (R2014-1188). The Contract provides for program management
services to support the administration and expedite delivery of planning and
design activities and execution of numerous capital construction contracts
within WUD’s Capital Improvement Program (CIP). The goal of the CIP is the
implementation of over $400 million worth of projects over a five-year
period. A) On January 1, 2017, Stantec
acquired the assets of MWH. Stantec has requested that the County approve the
assignment of the Contract from MWH to Stantec.
Approval of the Consent to Assignment will reassign the obligations of
the Contract to Stantec, ensuring the efficient continuation of the owner’s
advisor services provided under the Contract. Stantec has consented to the
assignment of the Contract previously held by MWH. B) CSA No. 5 provides
for resources and personnel necessary to support the accelerated delivery of
Capital Improvement Plan projects utilizing tools and methods developed under
previous CSAs. In addition to providing staff to expedite
planning and design activities the CSA provides for additional staff
augmentation to support the capital construction projects identified through
the expedited planning and design process.
CSA No. 5 will allow WUD to further reduce replacement and refurbishment
work necessitated by deterioration of existing infrastructure. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. The Contract provides for SBE participation of 23.7%. CSA No. 5
includes 26.01% overall participation. The cumulative SBE participation including
CSA No. 5 is 23.04%. Stantec is a New York-registered US company whose parent
company is domiciled in Canada. Stantec
has three local offices in Palm Beach County.
C) Section 1.1.4 of the
Contract provided for a term of three years with the option of two one-year
renewals. Amendment No. 1 to the
Contract provides for the first of the two optional renewals that will provide
continuity and the continued effective and efficient implementation of the WUD
program implementation process. The
renewal will authorize Stantec to continue the program implementation process
through August 19, 2018. (WUD Project No. 14-054) Countywide (MJ)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve:
A) Amendment No. 2 to the Palm Beach County Artificial Reef &
Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0649) with The Vance
Construction Co. (Vance) to extend the Construction Contract for one year to
May 18, 2018, for a not–to-exceed amount of $1,200,944.50 for year three;
B) Amendment No. 3 to the Palm Beach County Artificial Reef &
Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0650) with Coston
Marine Services, Inc. (Coston) to extend the Construction Contract for one year
to May 18, 2018, for a not–to-exceed amount of $1,415,196.38 for year three; and
C) Amendment No. 2 to the Palm Beach County Artificial Reef &
Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0651) with Arbor Tree
and Land, Inc. (ATL) to extend the Construction Contract for one year to May
18, 2018, for a not–to-exceed amount of $1,566,048.20 for year three.
Summary: On May 19, 2015, the BCC approved three
annual construction contracts for Palm Beach County Artificial Reef &
Breakwater, Project No. 2015ERM01 with Vance (R2015-0649), a Palm Beach County
SBE Company, Coston (R2015-0650), a Palm Beach County SBE Company, and ATL
(R2015-0651), a Palm Beach County Company.
Vance has been issued three work orders totaling $1,306,840. Coston has been issued five work orders
totaling $1,655,281. ATL has not been
issued any work orders. Amendment No. 2
for the Vance Contract will increase work by a not-to-exceed amount of
$1,200,944.50 for year three, resulting in a cumulative not-to-exceed Contract
Price of $3,580,573.50, and extend the Contract for one year. Vance committed
to an overall 54.94% Small Business Enterprise (SBE) participation in the
Contract and has achieved 75.27% SBE participation to-date. Amendment No. 3 for
the Coston Contract will increase work by a not-to-exceed amount of
$1,415,196.38 for year three, resulting in a cumulative not-to-exceed Contract
Price of $4,245,589.14, and extend the Contract for one year. Coston committed
to an overall 86.28% Small Business Enterprise (SBE) participation in the
Contract and has achieved 88.23% SBE participation to-date. Amendment No. 2 for the ATL Contract will
increase work by a not-to-exceed amount of $1,566,048.20 for year three,
resulting in a cumulative not-to-exceed Contract Price of $4,698,144.60, and
extend the Contract for one year. ATL committed to an overall 15.81% Small
Business Enterprise (SBE) participation in the Contract. Countywide (DC)
2. Staff recommends
motion to receive
and file: Task Assignment Number IP5, Change Order No. 4 to Contract
No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation
Commission (FWC) adds Typha Spp. (cattail) to the floating plant work plan for
Lake Ida and imazamox is added as an approved control chemical. Summary: On April 17, 2012, the Board of County Commissioners (BCC) approved FWC
Contract No. FWC11357 (R2012-0573) for aquatic vegetation control services in
Lakes Clarke, Ida, Osborne, and Pine. On
September 13, 2016, the BCC approved Task
Assignment Number IP5 (R2016-1178) providing aquatic vegetation control
services for the Chain of Lakes with a cost reimbursement of $50,000 for a term
beginning June 24, 2016, to June 30, 2017.
Delegated authority to execute all future time extensions, task
assignments, certification, and any other forms associated with this Contract
was approved at that time. Countywide
(AH)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve: First Addendum to Authorized Provider
Agreement, R2016-1888 dated December 20, 2016, with the American National Red
Cross (“Red Cross”) to allow the County to participate as one of 50 communities
nationwide in the Red Cross Aquatic Centennial Initiative program to provide
swimming lessons to underserved populations.
SUMMARY: The Red Cross is celebrating 100 years of Water Safety and has set a goal
to reduce the number of drownings in the United States by 50% in 50 key markets. Palm Beach County was identified by
the Red Cross in 2014 as a target market for the Aquatic Centennial Initiative
to reduce the number of drownings in America.
This program is designed to promote awareness of, and access to, the Red
Cross Water Safety education and training in identified communities where the
drowning rate is above the national average.
This First Addendum allows Palm Beach County to continue to participate
in the final year of the three-year Red Cross Aquatics Centennial Initiative. Participation
in this initiative will help generate and retain enrollment in our swimming
lessons, provide hands-on CPR and rescue skills to parents and caregivers, and
ultimately help reduce the number of drownings in our community. As a participant in the initiative, the
County will receive support for program fees for participants in swimming
lessons as well as lifeguard training and water safety instructor
programs. The Red Cross will also
provide the teaching and marketing materials at no cost to the County. Countywide
(AH)
U. INFORMATION SYSTEMS
SERVICES
1. Staff
recommends motion to approve: a Third Amendment to Agreement R2013-0080, as
amended, for network services with Early Learning Coalition of Palm Beach
County, Inc. (ELC). SUMMARY: The ELC has an existing network services
Agreement, as amended, for an initial term of one year with automatic one-year
renewals unless notice is given by either party. This Third Amendment removes their Belle
Glade location and reduces network services fees, effective October 1,
2016. The ELC will reimburse the County
a one-time partial installation cost of $1,003.77 with the revised annual service
revenue (net) of $1,500 for FY 2017 and succeeding years. The Florida
LambdaRail LLC has approved the connection of ELC to the Florida LambdaRail
network. Districts 3 & 6
(PFK)
2. Staff
recommends motion to:
A) approve
the Interlocal Agreement for network transport services with the Town of
Palm Beach (Town) for an annual revenue total of $600; and
B) authorize the County Administrator or designee, ISS Director, to approve and
execute Task Orders associated with these services, up to a maximum dollar
value of $50,000 per Task Order.
SUMMARY: The Town is requesting connection to the Palm
Beach County network for transport services in order to connect to the Law
Enforcement Exchange (LEX) System, which allows municipal police departments,
the Sheriff, State Attorney and other law enforcement agencies in Palm Beach
County to share information. This
Interlocal Agreement is for an initial term of one year with automatic one-year
renewals unless either party gives notice of intent to terminate. The Town will reimburse the County a one-time
installation cost estimated at $10,626 with a total annual service revenue of
$600. The Florida LambdaRail LLC has approved
connection of the Town to the Florida LambdaRail. District 1 (PFK)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
3. Staff recommends
motion to approve: the First Amendment to Agreement R2014-0344, as amended, for network services with Lake Worth Christian School
Society, Inc. (LWCS). SUMMARY: LWCS has an existing network services Agreement, as amended, with Palm Beach
County (R2014-0344) for an initial term of one year with automatic one-year
renewals unless notice is given by either party. This First Amendment adds network wireless
services throughout the LWCS campus. This
Agreement takes effect on June 1, 2017, and will generate revenues of $550 per
month (totaling $2,200 for partial FY 2017), plus a one-time reimbursement for
installation costs (estimated at $5,827).
The Florida LambdaRail LLC has waived the FLR fee and approved
connection of LWCS to the Florida LambdaRail.
District 3 (PFK)
4. Staff recommends
motion to approve: the First Amendment to Interlocal Agreement R2013-0308, as amended, for network services with the City of Palm Beach Gardens. SUMMARY: The City of Palm Beach Gardens (City) has an existing network services Interlocal Agreement, as amended, with
Palm Beach County (R2013-0308) for an initial term of one year with automatic
one-year renewals unless notice is given by either party. This First Amendment adds two additional
locations, Mirasol Park & Gardens Skate Park, via WiMax network
services. In addition, the billing rates
for the existing Palm Beach Gardens installations are being adjusted to reflect
the current 2017 Monthly Rate Sheet for Network Services. This Amendment takes effect on June 1, 2017. and will generate revenues of
$400 per month (totaling $1,600 for partial FY 2017), plus a one-time
reimbursement for WiMax installation costs (estimated at $12,520). The Florida LambdaRail LLC has approved
connection of the City to the Florida LambdaRail. District 1 (PFK)
V. METROPOLITAN PLANNING
ORGANIZATION
1. Staff recommends
motion to:
A) approve a budget
amendment in Fund 1360 in the amount of ($52,955);
B) approve a budget transfer
in Fund 0001 in the amount of ($5,296);
and
C) receive and file Joint
Participation Agreement between the Florida Department of Transportation (FDOT)
and the Palm Beach Metropolitan Planning Organization (MPO), JPA G0357 in the
amount of $656,074, JPA G0357
Supplemental Agreement 01 with an increase of $1,232,399, and JPA G0357 Supplemental Agreement 02 with
an increase of $676,017 for a total amount of $2,564,490.
Summary: This amendment is necessary to adjust
the County Budget to the actual amount approved by FDOT and correct the amount
of required match (10%) for the grant. Countywide
(DR)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff
recommends motion to:
A) ratify the Mayor’s signature of approval for the Second Chance Act Grant
Application (Adults with Co-Occurring Substance Use and Mental Disorders) to
the Department of Justice (DOJ) for $650,000 from October 1, 2017, to September
30, 2020, to facilitate the reduction of recidivism in Palm Beach County;
B) authorize the County Administrator or
designee to execute a contract with Southeast Florida Behavioral Health
Network (SEFBHN) in an amount not-to-exceed $499,599 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 Florida Atlantic University
(FAU) in an amount not-to-exceed $150,401 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 and to submit electronic
reports.
SUMMARY: Palm Beach County (PBC) facilitates the
successful reintegration of ex-offenders as they return to Palm Beach
County. This application, if funded,
will allow for reentry programs to expand Substance Abuse and Mental Health
Services for ex-offenders returning to PBC.
SEFBHN will manage and oversee the provision of integrated behavioral health
services to ex-offenders with co-occurring substance abuse and mental disorders
through contracts with a network of provider agencies. FAU will perform data analysis, examine
performance measurement, and conduct a process and outcome evaluation for this
grant project. The grant does not require a County match. Countywide (LDC)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to:
A) ratify the Mayor’s signature of approval for the
Second Chance Act Grant Application (Smart Reentry: Evidence-Based Strategies
for Successful Reentry from Incarceration to Community) to the Department of
Justice for $850,000 from October 1, 2017, to September 30, 2020, to facilitate
the reduction of recidivism in Palm Beach County;
B) authorize the County Administrator or
designee to execute a contract 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 with the following:
1.
City of
Riviera Beach in an amount not-to-exceed $228,000;
2.
Gulfstream
Goodwill Industries (GGI) in an amount not-to-exceed $228,000;
3.
The
Lord’s Place (TLP) in an amount not-to-exceed $228,000;
4.
Florida
Atlantic University (FAU) in an amount not-to-exceed $135,128; and
C) authorize
the County Administrator or designee to execute the grant award and amendments
and to submit electronic reports.
Summary:
Palm Beach County
(PBC) facilitates the successful reintegration of ex-offenders as they return
to Palm Beach County. This application,
if funded, will allow for reentry programs to expand and offer on-the-job training
(OJT) opportunities. The contracts with
City of Riviera Beach, GGI, and TLP will establish OJT transitional job
programs while incorporating moral reconation therapy. FAU will perform data analysis, examine
performance measurement, and conduct a process and outcome evaluation for this
grant project. The grant requires a
non-federal in-kind match of $850,000 (50%) that will be provided through
existing Public Safety Department and contractual staff in the amount of
$648,061 and existing ex-offender support services in the amount of $201,939
which is included in the current general fund and Justice Services grant fund
budget. Countywide (LDC)
3. Staff recommends
motion to receive and file: approved State of Florida Department of Health
EMS Grant Program Change Request in the amount of $27,712.57 for Emergency
Medical Services (EMS) Grant ID Code C5050 to improve and expand the EMS system
for the period December 23, 2016, through December 15, 2017. SUMMARY: The County was awarded $193,474
during the FY2016-17 grant cycle from the State of Florida Department of
Health, Bureau of EMS, to improve and expand the EMS systems. Unspent balance
from the previous grant cycle FY2015-16, Grant ID code C4050 plus interest
earned for a sum total of $27,712.57, will be rolled over into the FY2016-17,
Grant ID Code C5050 bringing the total to $221,186.57. The grant funding may be
used by the County or municipal agencies to purchase EMS equipment or training.
According to Resolution No. 2016-1814, the County Administrator or designee is
authorized to sign the Grant Budget Change Request form for the EMS County
Grant Award funds. There is no ad valorem funding required. Countywide (LDC)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to approve: one At-Large
appointment of the following individual to the Emergency Medical Services Advisory Council (EMS
Council) for the term from May 16, 2017, to September 30, 2020.
Nominee Seat No. Seat Requirement Recommended by:
Dr. Belma Andric
4 Health Care District
of PBC Mayor Paulette Burdick
Comm. Hal Valeche
Summary: Per
Resolution R2014-0100, the Board of County Commissioners approved a
representative make-up of the Emergency Medical Services Council to include 20
members. Thirteen members are
representatives of the various components of the EMS system with specific requirements
and seven members are Commission District Consumer appointments. A memo was
sent to all Board members on January 31, 2017, seeking a nomination for the
above at-large seat. The EMS Council has
20 seats, 16 are currently filled. Thirteen members are appointed at-large and
seven are District appointments. The diversity of the current board members is
as follows: Caucasians: 15
(94%); African American: 0 (0%); and Hispanic: 1 (6%). The gender ratio
(female: male) is 4:12. This nominee is Caucasian female. The Health Care District’s first nomination
was a Caucasian male, of which we asked them to see if they could modify their
selection and we also addressed with them the need for diversity. Their second nomination is a Caucasian
female. Countywide (LDC)
BB. YOUTH SERVICES
1. Staff recommends
motion to:
A)
approve Child Nutrition Programs Agreement (Agreement)
with Florida Department of Agriculture and Consumer Services Division of Food,
Nutrition and Wellness (DACS) for the annual Summer Food Service Program
(SFSP), effective upon approval by DACS and to remain in effect until
terminated by either party;
B)
authorize the County
Administrator, or designee, to execute any future agreements/minor amendments
with DACS for SFSP; and
C)
authorize the County
Administrator, or designee, to submit applications, reimbursement requests, and
reports to DACS electronically.
Summary: The
SFSP was established to ensure that all children, 18 years and younger, could
receive nutritious meals during school vacations that are comparable to those
served under the National School Lunch and School Breakfast Programs. Meals are provided, at no charge, to all
children at SFSP approved sites during times designated as the meal service
periods. The State is requiring a new
Agreement be approved to replace the most recent agreement that was approved by
the Board in 2012 (R2012-1089). The SFSP
remains the same and the County will continue to electronically submit the
annual reimbursement requests. After the
Board’s approval of this Agreement, the State will approve and assign its
contract number. This year’s meal
service period is from June 5, 2017, through August 11, 2017. Countywide (HH)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES (Cont’d)
2. Staff recommends
motion to approve:
A) Contract for Provision of Services with
CareerSource Palm Beach County, Inc. (CareerSource) for the period May 22,
2017, through September 30, 2017, in an amount not to exceed $50,000 to
facilitate training and paid internships; and
B)
budget transfer of $50,000 in the General Fund from the Head Start Match
reallocation (Unit 1451) for new evidence-based/promising programming to fund
the cost associated with this Contract.
Summary: This Contract will allow CareerSource to facilitate several training
opportunities, as well as paid internships for up to 39 out-of-school and not
working youth/young adults, also known as disconnected youth, ages 17-24. Each
of the programs will be conducted over a five-week period. At the completion of each program, applicable
certificates will be awarded and stipends issued. One of the three programs is to coordinate a
summer hospitality training program at the Lake Worth campus of Palm Beach
State College (College). This program
will serve up to 25 participants and include both job shadowing at local hotels
and hospitality training. Another
program will coordinate a Microsoft Office skills training program at the Belle
Glade campus of the College. This
training will serve up to seven participants, who can also earn a stipend for
each of the three modules offered – Word, Excel and PowerPoint. The third program will be to conduct a summer
internship training program with local business in the Glades area. Up to seven participants will earn an
internship with a stipend at participating various Glades area businesses. The internship will be 40 hours per
week. Countywide (HH)
3. Staff recommends
motion to approve:
A)
Contract for Provision of
Services with Prime Time Palm Beach County, Inc. for the period May 16, 2017,
through September 30, 2017, in an amount not to exceed $173,875 for connecting
summer camps for low income children to expanded learning opportunities; and
B) budget transfer of $173,875 in the General
Fund from the Head Start Match reallocation (Unit 1451) for new
evidence-based/promising programming to the Prime Time Palm Beach County, Inc.
(Unit 2529) program to fund the cost associated with this Contract.
Summary: Prime
Time Palm Beach County, Inc. (Prime Time) was founded to address the need for higher
quality out-of-school time programs for Palm Beach County youth, with an
emphasis on programs that service low-income families. The funding provided
under this Contract will allow Prime Time to make connections with summer camps
to offer expanded learning opportunities to youth attending summer camps. Countywide
(HH)
CC.
SUPERVISOR OF ELECTIONS
1. Staff recommends
motion to approve: Precinct boundary changes submitted by Susan
Bucher, Supervisor of Elections, as required by section 101.001(1), Florida
Statutes. Summary: Precinct boundary changes due to
municipal annexations in the following municipality of Palm Beach Gardens. District 1 (DW)
MAY
16, 2017
3. CONSENT
AGENDA APPROVAL
DD. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve:
A) Eighth Amendment to the Agreement (R2012-1320)
with Discover Palm Beach County, Inc. for the provision of services under the
Palm Beach County’s Tourist Development Plan during the period of October 1,
2012 through September 30, 2017; and
B) a budget transfer in the amount of $380,000 for
advertising.
SUMMARY: The
Eighth Amendment to the Agreement revises Exhibit “A” FY17 budget in the amount
of $380,000 for additional advertising funds from reserves for the summer
season which were redirected for the winter season. This contract change
has been reviewed and approved by the TDC Finance Committee and the TDC Board.
(TDC) Countywide (DW)
EE. WESTGATE COMMUNITY REDEVELOPMENT
AGENCY
1. Staff
recommends motion to:
A) ratify a second
modification to subgrant agreement (R2015-0594) with the State of Florida
Division of Emergency Management (DEM) to reduce the grant funding amount by
$491,606 and extend the expiration date to March 31, 2017, for the Westgate Community
Redevelopment Agency (WCRA) L-2 Canal improvements (Project); and
B) approve a budget amendment of ($491,606) in the Capital Outlay Fund to recognize
the decrease in federal funding from DEM for the Hazard Mitigation Grant for
the Project.
SUMMARY: After
execution by the County Administrator on January 17, 2017, the DEM signed the
second modification on January 27, 2017.
Resolution R2006-0401 delegates authority to the County Administrator or
designees to execute certain operation agreements on behalf of the Board of County
Commissioners. This second modification
is being submitted to the Clerk and Comptroller of Palm Beach County in
accordance with Countywide PPM CW-O-051.
It extends the contract expiration date from March 24, 2016 to March 31,
2017, and decreases the grant funding amount by $491,606 for the WCRA drainage
improvements at the Lake Worth Drainage District L-2 Canal from east of Wabasso
Drive to east of Osceola Drive. The decrease in grant funding is due to the
final project costs coming in substantially below the budget/sub grant estimate
(only three of the five properties were able to be acquired). District 7 (LBH)
* * * * * * * * * * * *
MAY 16, 2017
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 any public interest
in the south 550 feet of Stacy Street (aka Stacy Road) lying south of Stacy
Street, plat of Haverhill Acres, Plat Book 20, Page 75, of the Public Records
of Palm Beach County, Florida. SUMMARY: Adoption of this resolution
will eliminate the public dedication, which is in conflict with future
redevelopment plans for the Haverhill Acres, LLC property located west of Haverhill
Road, approximately 1,400 feet north of Belvedere Road. The petition is subject
to a privilege fee of $49,005.52. District 2 (LBH)
B. ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, repealing Chapter 14, Article V,
codifying Ordinance No. 93-8, as amended, “The Palm Beach County Affordable
Housing Ordinance;” and adopting a new Affordable Housing Ordinance; providing
for title; providing for authority; providing for applicability; providing for
policy and purpose of the Local Housing Assistance Program; providing for
definitions; providing for the creation of the Local Housing Assistance Trust
Fund named the Robert Pinchuck Memorial Affordable Housing Trust Fund;
providing for the creation of the Commission on Affordable Housing; providing
for the establishment of the Local Housing Assistance Plan; providing for the
establishment of the Local Housing Partnership; designating responsibility for
the implementation and administration of the Local Housing Assistance Plan;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the Code of Laws and Ordinances; providing for enforcement;
providing for penalties; providing for captions; and providing for an effective
date. Summary: The Board of County Commissioners (BCC) last
adopted the Affordable Housing Ordinance (Ordinance No. 93-8) on May 18, 1993,
and amended it on July 22, 2008 (Ordinance No. 2008-018). Due to the substantive changes made to the
Ordinance required to bring it into compliance with Florida Statutes, County
Resolutions and the Local Housing Assistance Plan (LHAP), repealing and
replacing the Affordable Housing Ordinance in its entirety is more efficient
than amending it. The original
Ordinance, as amended, included specific language recited from relevant Florida
Statutes as well as the Consolidated Plan and the LHAP as they were written at the
time. Staff updated the Affordable
Housing Ordinance and streamlined its provisions. This process included making reference to
various relevant Florida Statutes, the Consolidated Plan, applicable
Resolutions, and the LHAP instead of reciting content from therein. Additionally, terms and definitions were
updated or removed if not referenced in the Ordinance. On April 4, 2017, the BCC held a preliminary
reading on this Ordinance and authorized advertising for a public hearing. Countywide
(JB)
MAY 16, 2017
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. ECONOMIC SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, establishing an exemption from
certain ad valorem taxation to encourage economic development in the County for
Pratt & Whitney, a division of United Technologies Corporation, an existing
business; providing for the title; providing for authority; providing for a
finding that requirements have been met; providing for the amount of revenue
available from ad valorem tax sources for the current fiscal year; providing
for the amount of revenue lost by virtue of the economic development ad valorem
tax exemptions currently in effect; providing for the estimated revenue lost
attributable to the exemption granted to Pratt & Whitney, a division of
United Technologies Corporation; providing for the period of time for which the
exemption will remain in effect and the expiration date of the exemption;
providing for annual reporting requirement; providing for applicability;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the Code of Laws and Ordinances; providing for enforcement;
providing for penalties; providing for captions and providing for an effective
date. Summary: On
March 12, 2013, the Board of County Commissioners (BCC) approved Economic Development
Incentive Agreement (R2013-0330) with Pratt & Whitney, a division of United
Technologies Corporation providing an Ad Valorem Tax Exemption of up to
$700,000 over a seven-year period, and providing an economic development cash
incentive in the amount of $300,000 over a four-year period. The Ad Valorem Tax Exemption is for real
property and tangible personal property improvements undertaken in the
company’s renovation of 90,000 square foot facility and construction of a
100,000 square foot testing facility. This project involved the establishment
of the Florida Engine Delivery Center, a new business unit of Pratt &
Whitney. The exemption, together with the incentive payment, serves as the
local financial support for the State of Florida’s commitment to the company of
$4,000,000, of which, $3,000,000 is from State funding and $1,000,000 from Palm
Beach County. The Agreement requires Pratt & Whitney to make a minimum $63
Million capital investment, create 230 new jobs over a ten-year period at an
annualized average wage of $81,110, and maintain those jobs for five years.
This project is estimated to have a $442 Million economic impact over a ten-year
period. As required under Palm Beach County’s Economic Development Ad Valorem
Tax Exemption Program implemented by the BCC through adoption of Ordinance
2013-022, Pratt & Whitney, a division of United Technologies Corporation,
has filed an application with the Property Appraiser’s (PA) office. The PA has issued a determination that the
project meets the requirements under Florida Statute 196.012 for an Ad Valorem
Tax Exemption (attached as Exhibit B to the proposed Ordinance). On May 2, 2017, the BCC held a preliminary
reading of this Ordinance and authorized advertising for public hearing. District
1 (JB)
MAY 16, 2017
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. ECONOMIC SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, establishing an exemption from
certain ad valorem taxation to encourage economic development in the County for
Pratt & Whitney, a division of United Technologies Corporation, an existing
business; providing for the title; providing for authority; providing for a
finding that requirements have been met; providing for the amount of revenue
available from ad valorem tax sources for the current fiscal year; providing
for the amount of revenue lost by virtue of the economic development ad valorem
tax exemptions currently in effect; providing for the estimated revenue lost
attributable to the exemption granted to Pratt & Whitney, a division of
United Technologies Corporation; providing for the period of time for which the
exemption will remain in effect and the expiration date of the exemption;
providing for annual reporting requirement; providing for applicability;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the Code of Laws and Ordinances; providing for enforcement;
providing for penalties; providing for captions and providing for an effective
date. Summary: On April 4, 2017, the Board of County
Commissioners (BCC) approved Economic Development Incentive Agreement
(R2017-0485) with Pratt & Whitney, a division of United Technologies
Corporation providing an Ad Valorem Tax Exemption of up to $650,000 over a six-year
period. The Ad Valorem Tax Exemption is for real property and tangible personal
property improvements undertaken in the company’s construction and renovation
of 35,000 square foot facility which will facilitate Pratt & Whitney’s
radial Auxiliary Power Unit (APU), relocated from San Diego, California. APU is
a gas turbine engine used to produce energy for applications such as providing
electricity, compressed air, and/or shaft power to main engine start, air
conditioning, electric power and other aircraft systems. APUs are manufactured
for both commercial and military customers. The exemption, together with the
incentive payment, serves as the local financial support for the State of
Florida’s commitment to the company of $2,300,000. Of which, $1,650,000 is from State funding
and $650,000 from Palm Beach County. The Agreement requires Pratt & Whitney
to make a minimum $25 Million capital investment, create 110 new jobs over a
three-year period at an annualized average wage of $84,892, and maintain those
jobs for five years. This project is estimated to have a $183 Million economic
impact over a five-year period. As required under Palm Beach County’s Economic
Development Ad Valorem Tax Exemption Program implemented by the BCC through
adoption of Ordinance 2013-022, Pratt & Whitney, a division of United
Technologies Corporation, has filed an application with the Property
Appraiser’s (PA) office. The PA has
issued a determination that the project meets the requirements under Florida
Statute 196.012 for an Ad Valorem Tax Exemption (attached as Exhibit B to the
proposed Ordinance). On May 2, 2017, the
BCC held a preliminary reading of this Ordinance and authorized advertising for
public hearing. District 1 (JB)
MAY 16, 2017
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. WATER UTILITIES
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of
County Commissioners of Palm Beach County, Florida, Confirming the Special
Assessment Roll for the 68th St. North Water Main Extension
(Project); and
B) approve a Work Authorization
(WA) No. 9 to Johnson-Davis Incorporated under the Water Utilities Department
(WUD) Continuing Construction Contract (Contract) (R2016-0902) in the amount of
$199,512.45.
Summary: The Project will provide potable water to 18
residential properties currently on private wells. Petitions in favor of the
installation of a potable water main were provided to WUD with a 61%
favorability rate (11 in favor, 3 not in favor and 4 no response). The
petitions were considered and approved at the regular meeting of the Board of
Supervisors of the Indian Trails Improvement District (ITID) on June 15, 2016.
Individual assessments range from $11,525.12 to $27,066.57 per parcel (See
Exhibit A) and will be assessed based on 90% of the total estimated cost of the
Project, pursuant to the terms of the agreement between the County and ITID, in
which the County committed to allocate $500,000 to provide financial support
for up to 10% of the final cost for assessment projects within the legislative
boundaries of the ITID. Individual assessment was determined by using front
footage method to divide the assessable cost per parcel. WUD has encumbered and
expended a total of $287,553.07 for previous ITID assessment projects.
Assessments are payable over a 20-year time period in equal annual payments of
principal and 5.5% interest. The total assessable cost of the Project is
$266,176.86 and includes the costs of surveying, design, drafting, permitting,
construction, inspection, administration, and construction contingency, as well
as the 10% financial support payment dictated by WUD’s contract with ITID. WA
No. 9 will provide for the construction of the Project. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. The Contract with Johnson-Davis Incorporated provides for SBE
participation of 3.28%. WA No. 9 includes 13.59% overall
participation. The cumulative SBE participation is 11.96% overall. (WUD Project
No. 16-079) District 6 (MJ)
* * * * * * * * * * * *
MAY 16, 2017
A. ADMINISTRATION
1. Staff recommends
motion to approve:
Amendment No. 1 to the Employment Contract between Palm Beach County and
Verdenia C. Baker, County Administrator (R2015-0897), providing for a term
commencing August 26, 2017, through August 25, 2022. SUMMARY:
This Amendment provides for the County Administrator’s services through August
25, 2022. This is a five-year extension and the current contract expires August
26, 2017. This year marks completion of 30 years as a County employee and two
years as Administrator. Current salary is $273,183.04. Countywide (DO)
MAY 16, 2017
5. REGULAR
AGENDA
B. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) The 2017/2018
street lighting schedule involving capital expenditures of $297,000 in FY
2017/2018 and an annual operating cost of $106,000 for future years for six
proposed systems;
B) Two standard
statewide Florida Power & Light Company (FPL) agreements for LED lighting
projects;
C) Authorization of County Administrator or designee to execute future FPL
agreements for each of the street lighting projects; and
D) Staff to study
street light LED conversion and maintenance transfer to Lake Worth Utilities
(LWU) of the 155 Palm Beach County (County) installed and maintained high
pressure sodium street lights within the LWU service area.
SUMMARY: Six projects are recommended for installation,
totaling an estimated 605 new street lights for arterial and intersection
approach lighting. Exhibit A includes the
list of six projects for final design and construction and a provision for
various isolated lights. The SR7 Extension project will be constructed by the
Florida Department of Transportation (FDOT) and the County will then become the
maintaining agency in accordance with our existing State Highway Lighting,
Maintenance, and Compensation Agreement.
All new projects shall utilize LED components whenever possible. Staff will study future street light LED
conversion and maintenance transfers to LWU (LED conversion options, costs and
process of transfer). Staff will also
initiate discussions relating to a joint project with the City of Greenacres
for lighting Haverhill Road from Lake Worth Road to Lantana Road which has intermittent
municipal and unincorporated limits. Funding will be determined after the
studies are completed. As shown in Exhibit A, capital expenditures for the six
projects and various isolated lights are estimated to cost $297,000 in FY 2017/2018.
Isolated lights will be installed based on previously approved Board
criteria. Our current Street Lighting
Program will have operating expenses totaling $2,500,000 in FY 2017/2018.
Therefore, with the additional $297,000 in capital costs expected, the total
expenditures estimated for FY 2017/2018 is $2,797,000. An additional $106,000 is estimated for
operation and maintenance in FY 2018/2019 for the newly proposed projects,
bringing the expected FY 2018/2019 operating expenses to $2,706,000.
Annual operating costs for 2017/2018 (est.) $ 2,500,000
New make ready (capital) + $ 297,000
Estimated budgets needs 2017/2018 $ 2,797,000
AND
Annual operating costs by 2018/2019 (est.) $ 2,600,000
Future operating of newly proposed
projects + $ 106,000
Estimated ongoing future operating costs $ 2,706,000
The Engineering Department recommends a
one-time approval of two standard statewide FPL agreements, and requests
authorization be granted to the County Administrator or designee to sign future
FPL agreements for each project. Countywide (LBH)
MAY 16, 2017
5. REGULAR
AGENDA
C. PUBLIC SAFETY
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
urging the United States Department of Agriculture (USDA) to reactivate its
animal care search tool to make animal welfare records publicly accessible. SUMMARY: In
February 2017, the USDA removed animal welfare records from its website in
order to protect individual privacy.
Palm Beach County’s Division of Animal Care and Control’s (Division)
Ordinance requires pet shops and pet dealers to obtain dogs and cats from USDA
licensed breeders that have no record of animal cruelty or neglect and have not
received certain USDA violations within the past three years. The removal of animal welfare records from
the USDA’s website halts the ability for the Division and local pet stores from
viewing the violation history of breeders.
Additionally, this affects the Division’s ability to enforce the
sections of the Ordinance pertaining to local pet stores. The USDA asserts that governmental entities
and members of the public may still access the information through the Freedom
of Information Act request process; however, because requests of this nature
often take many months, if not years to process, a requestor is unlikely to
receive information within the timeframe to make use of the information. This resolution urges the USDA to restore all
deleted information concerning complaints, violations, and inspection reports
under the Animal Welfare Act and Horse Protection Act to its website. Countywide (SF)
MAY 16, 2017
5. REGULAR
AGENDA
D. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to:
A) adopt a
resolution of the Board of County Commissioners
(BCC) of Palm Beach County, Florida, granting a County tax exemption for 114 South Olive Avenue, West Palm Beach,
(Commercial);
B) approve a restrictive covenant for 114 South Olive Avenue, West Palm Beach, (Commercial) requiring the
qualifying improvements be maintained during the period that the tax exemption
is granted;
C) adopt a
resolution of the Board of County Commissioners
(BCC) of Palm Beach County, Florida, granting a County tax exemption for 130 Greenwood Drive, West Palm Beach
(Residential);
D) approve a restrictive covenant for 130 Greenwood Drive, West Palm Beach (Residential) requiring the
qualifying improvements be maintained during the period that the tax exemption
is granted;
E) adopt a
resolution of the Board of County Commissioners
(BCC) of Palm Beach County, Florida, granting a County tax exemption for 138 Greymon Drive, West Palm Beach,
(Residential);
F) approve a restrictive covenant for 138 Greymon Drive, West Palm Beach, (Residential) requiring the
qualifying improvements be maintained during the period that the tax exemption
is granted;
G) adopt a resolution
of the Board of County Commissioners (BCC) of
Palm Beach County, Florida, granting a County tax exemption for 235 Belmonte Road, West Palm Beach,
(Residential);
H) approve a restrictive covenant for 235 Belmonte Road, West Palm Beach, (Residential) requiring the
qualifying improvements be maintained during the period that the tax exemption
is granted;
I) adopt a
resolution of the Board of County Commissioners
(BCC) of Palm Beach County, Florida, granting a County tax exemption for 312 Barcelona Road, West Palm Beach,
(Residential);
J) approve a restrictive covenant for 312 Barcelona Road, West Palm Beach, (Residential) requiring the
qualifying improvements be maintained during the period that the tax exemption
is granted;
K) adopt a
resolution of the Board of County Commissioners
(BCC) of Palm Beach County, Florida, granting a County tax exemption for 1208 Florida Avenue, West Palm Beach,
(Residential); and
L) approve a restrictive covenant for 1208 Florida Avenue, West Palm Beach, (Residential) requiring the
qualifying improvements be maintained during the period that the tax exemption
is granted.
SUMMARY: The resolutions
will authorize a County tax exemption for the following historic properties
located within the City of West Palm Beach: 114 South Olive Avenue, (property
is privately owned for commercial use); 130 Greenwood
Drive, (property is privately owned for residential use); 138 Greymon Drive, (property is privately owned for
residential use); 235 Belmonte Road, (property
is privately owned for residential use); 312
Barcelona Road, (property is privately owned for residential use); and
1208 Florida Avenue, (property is privately
owned for residential use). If granted, the tax exemption shall take effect January
1, 2017, and shall remain in effect for ten years, or until December 31, 2026.
The exemption shall apply to 100 percent of the assessed value of all
improvements to the historic property, which resulted from restoration,
renovation, or rehabilitation of the property. The estimated improvement costs attributed solely to work
on these historic buildings totals $2,935,000. Actual exemption amounts will be based upon the Countywide Millage Rate on a
yearly basis. It is estimated that approximately a total of $14,033 tax
dollars will be exempted annually based on the 2017 Countywide
Millage Rate. Accompanying each resolution is a
restrictive covenant, which requires the qualifying improvements be maintained
during the period that each tax exemption is granted. Districts 2 & 7
(RPB)
* * * * * * * * * * * *
MAY 16, 2017
A. COMMISSION DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MAY 16, 2017
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MAY 16, 2017
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK, MAYOR
C. District
3 – COMMISSIONER DAVE KERNER
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER MARY LOU BERGER
F. District
6 - COMMISSIONER MELISSA MCKINLAY, VICE MAYOR
G. District
7 – COMMISSIONER MACK BERNARD
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."