August 15, 2017 at 9:30am

FINAL

 

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

AUGUST 15, 2017

 

PAGE             ITEM

 

  9                    2C1                 DELETED:  Proclamation declaring September 23, 2017 as National Kidney Foundation of Florida Day in Palm Beach County (Sponsored by Commissioner Valeche) (Further Staff Review)

 

  9                    2C5                 ADD-ON:  Proclamation honoring Judge Edward Rodgers (Sponsored by Commissioner Bernard)

 

59                    5E1                 DELETED:  Staff recommends motion to approve: negotiated amount of $1,600,000 to acquire a permanent easement from K Industries, L.L.C. (Owner) for a drainage pond necessary for the construction of roadway improvements on Silver Beach Road from east of Congress Avenue to east of Old Dixie Highway/President Barack Obama Highway (Project).    (Engineering) (Further Staff Review)

 

62                    7A1                 ADD-ON: Staff recommends motion to adopt: Resolution of the Board of County Commissioners dedicating the 6th Avenue South Bridge to George T. Webb for his 35 years of service to Palm Beach County. SUMMARY: Commissioner Berger is sponsoring a request to rename the 6th Avenue South Bridge to the George T. Webb Bridge.  Two dedication signs in honor of Mr. Webb’s years of services will be installed at the 6th Avenue South Bridge’s east and west approaches.  District 3 (LBH)

 

 

 

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 (*).


ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

AUGUST 15, 2017

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

 1.        CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

 2.        AGENDA APPROVAL/SPECIAL PRESENTATIONS

 

A.        Additions, Deletions, Substitutions

B.        Adoption

            C.        Special Presentations (Page 9)

 

 3.        CONSENT AGENDA (Pages 10-48)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Pages 49-50)

 

 5.        REGULAR AGENDA (Pages 51-60)

 

 6.        BOARD APPOINTMENTS (Page 61)

 

 7.        STAFF COMMENTS (Page 62)

 

 8.        COMMISSIONER COMMENTS (Page 63)

 

 9.        ADJOURNMENT (Page 63)

 

 

 

 

* * * * * * * * * * *


AUGUST 15, 2017

 

TABLE OF CONTENTS

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 9

            2C-1   DELETED

            2C-2   Certificate of Congratulations to Palm Beach County Fleet Management Division

            2C-3   International Overdose Awareness Day

            2C-4   100-Day Challenge

            2C-5   Proclamation honoring Judge Edward Rodgers

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 10

            3A-1    Reappointment to the CareerSource Palm Beach County, Inc. Board of Directors

            3A-2    Appointment to the Health Council of Southeast Florida, Inc.

Page 11

            3A-3    County Administrator’s Annual Employee Recognition Event expenditure

 

B. CLERK & COMPTROLLER

Page 11

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Change orders, work task orders, minor contracts, final payments, etc.

            3B-5    Department records converted to electronic format

            3B-6    List of errors, insolvencies, double assessments, discounts and Value Adjustment Board reductions on the 2016 assessment roll

            3B-7    Department records scheduled for destruction

 

C. ENGINEERING & PUBLIC WORKS

Page 12

            3C-1   Deleted

3C-2   Receive and file contract with Johnson, Mirmiran & Thompson, Inc.

            3C-3   Receive and file proportionate share agreement with CBC Seneca Corp

            3C-4   Receive and file proportionate share agreement with BDG Delray, LLC

            3C-5   Receive and file proportionate share agreement with M&M Realty Partners at Hagen Ranch LLC

            3C-6   Contract with Rosso Site Development, Inc. for construction of Flavor Pict Road from State Road 7 to Lyons Road

Page 13

            3C-7   Contract with Simmons & White, Inc. for professional services related to traffic signal design projects

            3C-8   Receive and file proportionate share agreement with Glades 95th, LLC

            3C-9   Tri-party railroad reimbursement agreement with FDOT and CSX Transportation, Inc. for upgraded railroad grade crossing traffic control devices at the CSX crossing on Innovation Drive

            3C-10 Contract with Rosso Site Development, Inc. for construction of Indiantown Road and Jupiter Farms Road

 

D. COUNTY ATTORNEY

Page 13

3D-1   Receive and file official transcript for the closing of the Palm Beach County, Florida, Variable Rate Demand Revenue Bonds

Page 14

3D-2   Receive and file contract with Municipal Code Corporation

3D-3   Settlement agreement and mutual release with Centerline Utilities, Inc., Mathews Consulting, Inc., and Last Devenport, Inc.

 

 


AUGUST 15, 2017

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

E. COMMUNITY SERVICES

Page 15

3E-1    Proposed seat change and new appointment to the Palm Beach County HIV Comprehensive AIDS Resources Emergency Council

3E-2    Contract for Provision of Ryan White Part A HIV Health Support Services with the Health Care District of Palm Beach County to provide improved health to people with HIV Spectrum Disease

Page 16

3E-3    Ratify signature of the Mayor and delegate signature authority on contracts and forms related to the 2016 Challenge Grant providing for homeless prevention services

Page 17

3E-4    Ratify signature of Commissioner Bernard and delegate signature authority on grant applications and agreements related to the Youth Street Outreach Program

3E-5    Ratify signature of the Mayor and delegate signature authority for agreements and amendments related to Low Income Home Energy Assistance Program

Page 18

3E-6    Contract for Provision of Services with the Jerome Golden Center for Behavioral Health, Inc. for case management services

 

F. AIRPORTS

Page 18

3F-1    Receive and file Award Modification of Law Enforcement Office Reimbursement Program Other Transaction Agreement with the Transportation Security Administration for law enforcement services at PBIA

3F-2    Easement Agreement with Comcast Cable Communications Management, LLC for service to 1305 N. Perimeter Road at PBIA

3F-3    Easement Agreement with Comcast Cable Communications Management, LLC for service to 3887 Southern Boulevard at PBIA

Page 19

3F-4    First Amendment to the Airport Parking Facilities Management Agreement with ABM Parking Services, Inc.

3F-5    License Agreement with The Weitz Company, LLC for the use of office space at PBIA

3F-6    License Agreement for Disaster Recovery with Florida Power & Light Company to provide short-term use of areas at PBIA for storm and disaster recovery efforts

Page 20

3F-7    Receive and file twelve Consent to Sublease documents for Galaxy Aviation of Lantana, Inc. for Palm Beach County Park Airport

3F-8    List of twelve charitable organizations to benefit from the proceeds from the fountain at PBIA

Page 21

3F-9    Letter of Release from the Federal Aviation Administration releasing one parcel of land on Wallis Road

3F-10  License Agreement with the United States of America, through the Secretary of the Navy, Naval Facilities Engineering Command Southeast to provide overflow parking at the northwest corner of Belvedere Road and Clubhouse Drive

3F-11  Establishment of a Hotel Courtesy Shuttle Operator Permit authorizing shuttle vehicles to transport customers to and from locations at PBIA

Page 22

3F-12  Receive and file access agreement with Drive Shack Palm Beach, LLC to conduct due-diligence inspections on the property leased to Drive Shack

3F-13  Receive and file owner’s affidavit required by the Development Site Lease Agreement with Drive Shack Palm Beach, LLC for title insurance purposes

3F-14  Receive and file Advanced Cleanup Program Agreement with the State of Florida, Department of Environmental Protection for environmental remediation on County-owned property at 1440 Perimeter Road at PBIA

3F-15  Utility Easement Agreement with Bellsouth Telecommunications, LLC for telecommunications facilities at PBIA


AUGUST 15, 2017

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS

Page 23

3F-16  Letter of Release from the Federal Aviation Administration releasing two parcels of land located at the north and south sides of Green Street, east of Military Trail and west of PBIA to be used for non-airport purposes

3F-17  Second Amendment to Airport Baggage Cart Concessions Agreement with Smarte Carte, Inc. to provide self-service baggage carts and cart dispensing units at PBIA

Page 24

3F-18  Appointment to the Citizens Committee on Airport Noise

 

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 24

3G-1   Request by the Palm Beach County Tax Collector to order the 2017 tax roll to be extended prior to completion of the Value Adjustment Board hearings and direct the Value Adjustment Board to certify the assessment

 

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 24

3H-1   Receive and file notification of time extensions to the contract with All-Site Construction, Inc. for the Fire-Rescue Station No. 42 Renovations project

Page 25

3H-2   Second Amendment to Interlocal Agreement with the Town of South Palm Beach to allow for direct access to the County’s Public Safety Radio System

3H-3   Third Amendment to Interlocal Agreement with the Village of Wellington for interoperable radio communications through countywide common talk groups

Page 26

3H-4   First Amendment to Interlocal Agreement with the Town of South Palm Beach for radio maintenance services

3H-5   Sovereignty Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for operation of a public fishing pier, bait shop and vending area at Juno Beach Park

3H-6   Receive and file license for bulk potable water service with the City of West Palm Beach providing the Ball Park of the Palm Beaches with potable water for irrigation of the ball fields

Page 27

3H-7   Receive and file notice of exercise of the 1st one-year extension to the Lease Agreement with Alzheimer’s Community Care, Inc. for space at the Mid-County Senior Service Center on Lake Worth Road

3H-8   Utility Easement Agreement in favor of Florida Power & Light Company for FPL’s Hurricane Hardening Project across portions of Okeeheelee Park South

3H-9   First option extending the term of the Lease Agreement with GC Skees Industrial, LLC for use of County warehouse space on Skees Road for the PBSO

Page 28

3H-10 First Amendment to Access Easement with The King’s Academy, Inc. for access to County owned property off Sansbury’s Way

3H-11 Annual contract with Randolph Construction Group, Inc., for general building minor construction

3H-12 Receive and file notice to terminate Lease Agreement with the Town of Jupiter for use of office space at the West Jupiter Community Center on Indiantown Road

Page 29

3H-13 Contract with Architecture Green, LLC for architectural/engineering services for Canyons District Park in west Boynton Beach

3H-14 Reappointment to the Property Review Committee

 

 

 

 


AUGUST 15, 2017

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 30

            3I-1     Amendment to agreement with the City of Belle Glade for leases on three vehicles

            3I-2     Amendment to agreement with the City of Lake Worth for street improvements along 2nd Avenue South between Dixie Highway and South Federal Highway in Lake Worth

            3I-3     Agreement with the City of Belle Glade for demolition services

Page 31

            3I-4     Agreement with the City of Lake Worth for demolition services

            3I-5     Waiver of Contract Development PPM with regard to the attorney fees provision in an agreement with the U.S. Department of Agriculture

            3I-6     Nomination for the Chairperson of the Housing Finance Authority of Palm Beach County, Florida

 

 

J. PLANNING, ZONING & BUILDING

Page 32

            3J-1    Appointments to the Land Development Regulation Advisory Board

            3J-2    Receive and file three Termination of Removal Agreements

 

 

K. WATER UTILITIES

Page 33

            3K-1    Receive and file Standard Development Agreements

            3K-2    Contract with Hinterland Group, Inc. for the Century Village and Westgate Gravity Sewer Rehab Project

Page 34

            3K-3    First Amendment to Interlocal Agreement between Palm Beach County and Broward County for delivery of reclaimed water from Broward County’s wastewater treatment plant

 

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 34

3L-1    Receive and file change order to agreement with FDEP for the Singer Island Shore Protection Project dune restoration

3L-2    Receive and file task assignment to contract with the Florida Fish and Wildlife Conservation Commission to provide aquatic vegetation control services

Page 35

3L-3    Amendment to Joint Partnership Agreement with FDOT to fund construction and staff management costs for SR80/Southern Boulevard Bridge Mitigation Project

3L-4    Resolution requesting support from FDEP for shoreline restoration projects

 

 

M. PARKS & RECREATION

Page 36

            3M-1   Ratify signature of Mayor on grant for restoration of DuBois Park Pineapple Packing House

            3M-2   Third Amendment to Interlocal Agreement with the Town of Mangonia Park for construction improvements to the Town’s Community Center

            3M-3   Interlocal Agreement between PBC and the Jupiter Inlet District for construction of an improved pedestrian pathway at Jupiter Beach Park

Page 37

            3M-4   Budget transfer for permitting and regulatory compliance in Okeeheelee Park during phased development of the park

            3M-5   Receive and file Entertainment Contractor Agreement

            3M-6   Execution of State of Florida, Division of Historical Resources Small Matching Historic Preservation Grant to hire a consultant to prepare a DuBois Park Historic Preservation Plan

Page 38

            3M-7   Receive and file Sound and Light Production Services Contractor Agreements


AUGUST 15, 2017

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

P. COOPERATIVE EXTENSION SERVICE

Page 38

3P-1    Extension of the Share Our Strength Cooking Matters at the Store grant to allow for the expenditure of unused grant funds

3P-2    Agreement with Palm Beach Soil and Water Conservation District to provide soil and water resource conservation services

 

 

S. FIRE RESCUE

Page 39

3S-1    Interlocal Agreement with the Town of Lake Clarke Shores for funding of first responder training

3S-2    Authorizing the Mayor to execute Certificate to Non-Ad Valorem Assessment Roll for the Municipal Service Benefit Unit for fire hydrant maintenance and rental in Riviera Beach and Boca Raton

Page 40

3S-3    Budget transfer for repair and renovation at Fire Station 19

Page 41

3S-4    Interlocal Agreement with the School Board of Palm Beach County to transfer a fire engine for training purposes at Wellington Community High School

3S-5    Write-off of uncollectible emergency transport patient accounts

 

 

T. HEALTH DEPARTMENT

Page 41

3T-1    Transfer and donation of surplus dental assets to the Health Care District of Palm Beach County and the Diocese of Palm Beach County

Page 42

3T-2    Adoption of the FY 2017/2018 budget for the Air Pollution Control Program

 

 

U. INFORMATION SYSTEMS SERVICES

Page 42

3U-1   Addition of AT&T Managed Internet Service Pricing Schedule to the AT&T Master Agreement to provide for high-speed, high-capacity internet services

3U-2   Amended agreement with AT&T Corporation for a time extension of the resale and related services pricing schedule

 

 

X. PUBLIC SAFETY

Page 43

3X-1    Receive and file contract with the State of Florida, Department of Health, to provide services to primary and secondary victims of sexual assault

3X-2    Memorandum of Agreement with the City of Miami to fund various domestic security activities within the County

 

 

AA. PALM TRAN

Page 44

3AA-1 Agreement with the Lakes of Delray, Inc. to provide transportation on Palm Tran fixed routes 70 and 81

            3AA-2 Interlocal Agreement with the Village of Wellington for paratransit transportation

 

 

 

 

 


AUGUST 15, 2017

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

BB. YOUTH SERVICES

Page 44

            3BB-1 Contracts for professional services with two Doctoral Psychology Interns

Page 45

            3BB-2 Contract for professional services with a Postdoctoral Psychology Resident

            3BB-3 Five amendments to Contracts for Community Based Agencies to provide services to youth to enhance leadership skills and prevent interaction or future interaction with the juvenile justice system

Page 46

            3BB-4 Amendment to Inter-Agency Agreement with the Florida Department of Children and Families to provide support services to encourage more adoptions

 

 

CC. INTERNAL AUDITOR

Page 46

            3CC-1 Receive and file audit reports from the June 21, 2017 meeting

 

 

            DD.  SHERIFF

Page 47

            3DD-1 Budget transfer from the Law Enforcement Trust Fund for crime prevention programs

            3DD-2 Receive and file grant modification with the Office of National Drug Control Policy to help fund overtime and equipment expenses for the Palm Beach County Narcotics Task Force

Page 48

            3DD-3 Receive and file grant modification to a Letter of Donation from the PBC Police Athletic League, Inc. providing funding for a Recreation Specialist assigned to the Westgate Community Center

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

 

            A.        WESTGATE/BELVEDERE HOMES CRA

Page 49

4A-1    Resolution amending the 2017 Westgate/Belvedere Homes CRA Community Redevelopment Plan

 

 

            B.        ENGINEERING & PUBLIC WORKS

Page 50

4B-1    Resolution eliminating public dedications in conflict with future redevelopment plans in Appolonia Farms P.U.D. Plant One

4B-2    Resolution denying abandonment of right-of-way for Balboa Lane

 

 

REGULAR AGENDA

 

 

A.        ADMINISTRATION

Page 51

5A-1    Resolution approving changes in personnel classifications and pay grades for Commission support staff

5A-2    Interlocal agreement between PBC, Florida Resiliency and Energy District for a PACE Program

Page 52

            5A-3    Interlocal agreement between PBC and Florida Green Finance Authority for a PACE Program

            5A-4    Interlocal agreement between PBC and Florida PACE Funding Agency for a PACE Program


AUGUST 15, 2017

 

TABLE OF CONTENTS

 

REGULAR AGENDA CONTINUED

 

A.        ADMINISTRATION

Page 53

            5A-5    Interlocal agreement between PBC and Green Corridor Property Assessment Clean Energy District for a PACE Program

                       

B.        PLANNING, ZONING & BUILDING

Page 53

5B-1    Preliminary reading and advertisement for public hearing an Ordinance amending the Palm Beach County Code relating to the Florida Building Code

 

            C.        HOUSING AND ECONOMIC SUSTAINABILITY

Page 54

5C-1   Resolution approving the issuance of Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds in connection with the Heron Estates Senior Apartments in Riviera Beach

5C-2   Resolution approving the issuance of Revenue Bonds relating to hospice facilities in West Palm Beach and Boca Raton

Page 55

5C-3   Community Development Block Grant funding to support five public facilities and improvement projects

Page 56

5C-4   Economic Development Incentive Grant Agreement with Modernizing Medicine, Inc.

Page 57

5C-5   Resolution approving the Pine Crest Preparatory School, Inc. application for industrial developing refunding revenue bonds

 

D.        PALM TRAN

Page 58

5D-1   Agreement with the Florida Commission for the Transportation Disadvantaged to provide Palm Tran Connection Service for the non-sponsored transportation disadvantaged citizens

5D-2   Memorandum of Agreement modifying the Labor Management Agreement between Palm Tran, the PBC Board of County Commissioners and the Service Employees International Union relating to wage adjustments

 

            E.        ENGINEERING & PUBLIC WORKS

Page 59

5E-1    DELETED

 

F.         FACILITIES DEVELOPMENT & OPERATIONS

Page 59

5F-1    Resolution authorizing a time extension to lease agreement with Robert Weatherbee for food services at the County’s Vista Center

Page 60

5F-2    Purchase and sale of property for development of a new fire station in Boynton Beach

 

G. CRIMINAL JUSTICE COMMISSION

Page 60

            5G-1   Receive and file Criminal Justice Commission’s 2016 Annual Report

 

BOARD APPOINTMENTS  (Page 61)

 

STAFF COMMENTS  (Page 62)

Page 62

            7A-1    Renaming of 6th Avenue South Bridge to the George T. Webb Bridge

 

COMMISSIONER COMMENTS (Page 63)

 

ADJOURNMENT (Page 63)


AUGUST 15, 2017

 

 

2C.      SPECIAL PRESENTATIONS – 9:30 A.M.

 

            1.         DELETED: Proclamation declaring September 23, 2017 as National Kidney Foundation of Florida Day in Palm Beach County (Sponsored by Commissioner Valeche)

 

            2.         Certificate of Congratulations presented to the Palm Beach County Fleet Management Division for receiving accreditation by the NAFA Fleet Management Association and becoming NAFA Tier 3 Sustainable Fleet (Sponsored by Mayor Burdick)

 

            3.         Proclamation declaring August 31, 2017 as International Overdose Awareness Day in Palm Beach County (Sponsored by Vice-Mayor McKinlay)

 

            4.         Proclamation declaring July 31 to November 7, 2017 as the 100-Day Challenge in Palm Beach County (Sponsored by Commissioner Bernard)

 

            5.         Proclamation honoring Judge Edward Rodgers (Sponsored by Commissioner Bernard)

 

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


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: reappointment of David H. Talley to the CareerSource Palm Beach County, Inc. Board of Directors (Board) for the period October 1, 2017 through September 30, 2020.

Nominee/

Appointment

Seat No.

Term

Area of Representation

Nominated By

David H. Talley

12

10/1/17-9/30/20

Private Sector

Business Development Board of Palm Beach County, Inc.

 

 

 

 

 

 

SUMMARY:  On November 18, 2014, the Board of County Commissioners (BCC) approved the Third Amendment to Interlocal Agreement (R2014-1650) creating the Palm Beach Workforce Development Consortium (R2007-1220) which establishes the current Board composition. The Agreement states that 14 private sector members are appointed by the BCC.  The Workforce Innovation and Opportunity Act requests that an emphasis be placed on Chief Executive Officers or highest level of management positions for both community and business sector appointments. The CareerSource Palm Beach County, Inc. Board of Directors is comprised of a minimum of 19 members.  The Board has a maximum of 33 seats, 23 currently filled and diversity count of Caucasian: 18 (78%), African-American: 4 (17%) and Hispanic: 1 (4%). The gender ratio (female:male) is: 14:9.  This nominee is a Caucasian male. Countywide (HH)

 

2.         Staff recommends motion to approve: appointment of one individual to the Health Council of Southeast Florida, Inc. for a two year term, beginning August 15, 2017 and ending August 14, 2019.

 

Appoint                                 Seat No.        Seat Requirement              Nominated By

 

Jackalynn Fignar                     7                Health Care Provider           Mayor Burdick

                                                                                                                                                            Comm. Valeche

                                                                                                                                                            Comm. Abrams

                                                                                                                                   

SUMMARY: The Health Council of Southeast Florida, Inc. (Council) is a not-for-profit corporation established pursuant to Section 408.033, Florida Statutes, for the purpose of providing and coordinating health planning activities within Palm Beach, Martin, St. Lucie, Indian River and Okeechobee Counties.  The Council consists of 12 members: six representatives for Palm Beach County; two members appointed by Martin County; two members appointed by St. Lucie County; one member appointed by Indian River County; and one member appointed by Okeechobee County. The appointees must be representatives of health care providers, health care purchasers, and non-governmental health care consumers, not to exclude elected government officials. A memo dated June 13, 2017, was circulated to the Board of County Commissioners requesting support of Ms. Fignar’s appointment or requesting additional nominations. No additional nominations were received. With this appointment, the diversity of the six Palm Beach County representatives include two Caucasian, one African-American, and three vacant positions (one health care purchaser and two health care consumers).  The gender ratio (female:male) is 2:1. Countywide (HH)

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to approve: expenditure not to exceed $35,000 to pay for the County Administrator’s Annual Employee Recognition Event.   SUMMARY: This event is intended to recognize all County employees for their dedicated service and to enhance County employees’ productivity. The funds will be used to pay for food and various recreational activities.  Countywide (PFK)

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to receive and file:  Warrant List – Backup information can be viewed in the Clerk & Comptroller’s Office.

 

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

 

Meeting Type                                                          Meeting Date

 

Regular                                                                      April 04, 2017

Environmental Control                                            May 02, 2017

Zoning                                                                       May 25, 2017

Budget Workshop                                                    June 13, 2017

 

3.         Staff recommends motion to approve:  Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller’s Office.  Countywide

 

4.         Staff recommends motion to receive and file: change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations; Water Utilities Department; Environmental Resources Department; and the Department of Airports during August 2016. Countywide

 

5.         Staff recommends motion to receive and file: list of Clerk & Comptroller Finance Department records which have been converted to an electronic format. SUMMARY: These records have been converted from paper to an electronic format. The electronic records will be maintained according to their required retention schedule under the State of Florida’s General Records Schedule GSI-SL for State and Local Government Agencies. (Ch. 119, Ch. 257)

 

6.         Staff recommends motion to approve: List of Errors, Insolvencies, Double Assessments, Discounts and Value Adjustment Board Reductions on the 2016 Assessment Roll. SUMMARY: Section 197.492, F.S. - Requires that on or before the 60th day after the tax certificate sale, the Tax Collector shall make out a report to the Board of County Commissioners, separately showing the discounts, errors and double assessments and insolvencies for which credit is to be given, including in every case except discounts, the names of the parties on whose account the credit is to be allowed.  The Board of County Commissioners, upon receiving the report, shall examine it; make such investigations as may be necessary; and, if the board discovers that the Tax Collector has taken credit as an insolvent item any personal property tax due by a solvent taxpayer, charge the amount of taxes represented by such item to the Tax Collector and not approve the report until the Tax Collector strikes such item from record. Countywide (PFK)

 

7.         Staff recommends motion to receive and file: List of Clerk & Comptroller Finance Department records which have met the revised required State retention schedule and are scheduled for destruction. SUMMARY: These records have met the required retention schedule of the Florida Division of Library and Information Services (§28.30, §28.31, §257.36 (6)).


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         DELETED

 

2.         Staff recommends motion to receive and file: contract with Johnson, Mirmiran & Thompson, Inc. (JMT) in the amount of $186,657.68 to provide professional services for construction engineering and inspection (CEI) for the Northlake Boulevard and Military Trail Intersection Improvements (Project).  SUMMARY:  This contract is being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051.  The contract was approved on May 24, 2017, by the County Engineer as authorized by the Purchasing Code.  The Small Business Enterprise (SBE) goal for all contracts is 15%.  JMT committed to 15% SBE participation at selection for this project.  However, JMT has now proposed 16.1% SBE participation, which exceeds their original commitment of 15%.  JMT has an office in Palm Beach County.  District 1 (LBH)

 

3.         Staff recommends motion to receive and file: proportionate share agreement for $377,121.60, Project Control Number 2016-0078, with CBC Seneca Corp, dated May 18, 2017, for their proposed project located at the southeast corner of Atlantic Avenue and Lyons Road within unincorporated Palm Beach County.  SUMMARY:  This agreement is being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051.  It was executed by the County Administrator on May 18, 2017.  Resolution R2016-0125 delegates authority to the County Administrator, or designee, to enter into certain proportionate share agreements on behalf of the Board of County Commissioners. District 5 (LB)

 

4.         Staff recommends motion to receive and file: proportionate share agreement for $108,730, Project Control Number 1999-029, with BDG Delray, LLC, dated May 18, 2017, for their proposed project located at the southwest corner of Atlantic Avenue and State Road 7.  SUMMARY:  This agreement is being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051.  It was executed by the County Administrator on May 18, 2017.  Resolution R2016-0125 delegates authority to the County Administrator, or designee, to enter into certain proportionate share agreements on behalf of the Board of County Commissioners. District 5 (LB)

 

5.         Staff recommends motion to receive and file: proportionate share agreement for $175,329, Project Control Number 2008-421, with M&M Realty Partners at Hagen Ranch LLC, dated June 1, 2017, for their proposed project located at the northeast corner of Boynton Beach Boulevard and Hagen Ranch Road.  SUMMARY:  This agreement is being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051.  It was executed by the County Administrator on June 1, 2017.  Resolution R2016-0125 delegates authority to the County Administrator or designee to enter into certain proportionate share agreements on behalf of the Board of County Commissioners. District 5 (LB)

 

6.         Staff recommends motion to approve: contract with Rosso Site Development, Inc. (Rosso) in the amount of $2,936,034.65 for the construction of Flavor Pict Road from State Road 7 to Lyons Road (Project).  SUMMARY:  Approval of this contract will allow Palm Beach County to issue a notice to proceed to Rosso, a Palm Beach County based company, to begin construction of the project. The proposed work consists of construction of a new bridge, a 2-lane roadway, bike lanes and all necessary drainage. The Small Business Enterprise goal for all contracts is 15%.  The lowest responsive, responsible bidder, Rosso, committed to 45.3% participation.  District 5 (LBH)

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

7.         Staff recommends motion to approve: contract with Simmons & White, Inc. (S&W) to provide annual consultant professional services on a task order basis as required, for Palm Beach County (County) traffic signal design projects.  SUMMARY:  Approval of this contract will provide the necessary professional services for traffic signal design throughout the County for all user departments.  At the option of the County, this contract may be renewed annually for a period of one year, with a maximum of two renewals.  The term of this contract will be from August 15, 2017 to August 14, 2018.  S&W is a Palm Beach County based company.  The Small Business Enterprise (SBE) goal for all contracts is 15%.  S&W has committed to 76% SBE participation and is a certified SBE company.  Countywide (LBH)

 

8.         Staff recommends motion to receive and file: proportionate share agreement for $4,165,990.36, Project Control Number 2004-0459, with Glades 95th, LLC, dated June 27, 2017, for their proposed project located west of 95th Avenue South and south of Glades Road. SUMMARY:  This agreement is being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051.  It was executed by the County Administrator on June 27, 2017.  Resolution R2016-0125 delegates authority to the County Administrator, or designee, to enter into certain proportionate share agreements on behalf of the Board of County Commissioners. District 5 (LB)

 

9.         Staff recommends motion to adopt:  Resolution authorizing execution of a tri-party railroad reimbursement agreement with the Florida Department of Transportation (FDOT) and CSX Transportation, Inc. (CSX) for the installation and maintenance of upgraded railroad grade crossing traffic control devices at the CSX crossing on Innovation Drive, DOT/AAR Crossing Number 628092D, whereby Palm Beach County (County) will be required to pay 50 percent ($1,800) of the annual signal maintenance fee of $3,600 for this Class III crossing.  SUMMARY:  CSX will install and maintain the upgraded traffic control devices; FDOT, as a part of their annual railroad crossing signal safety improvement program, will reimburse CSX for all installation costs.  This agreement requires the County to pay 50 percent of the annual signal maintenance fee. The other 50 percent of the annual signal maintenance fee will be absorbed by CSX as owner of the railroad tracks. District 1 (LBH)

 

10.       Staff recommends motion to approve: contract with Rosso Site Development, Inc. (Rosso) in the amount of $1,496,853.75 for the construction of Indiantown Road and Jupiter Farms Road (Project).  SUMMARY:  Approval of this contract will allow Palm Beach County to issue a notice to proceed to Rosso, a Palm Beach County based company, to begin construction of the project. The proposed work consists of adding a northbound free flow right turn lane with an acceleration lane on Indiantown Road, an additional westbound left turn lane, and a westbound acceleration lane from the Sierra Square Shopping Center, which is east of the intersection and just west of Taylor Road. Milling and resurfacing of Indiantown Road and Jupiter Farms Road will be provided within the limits of the project.  The Small Business Enterprise (SBE) goal for all projects is 15%.  The lowest responsive, responsible bidder, Rosso, committed to 25.7% SBE participation.  District 1 (LBH)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to receive and file:  official transcript for the closing of the Palm Beach County, Florida, $13,840,000 Variable Rate Demand Revenue Bonds (The Children’s Home Society of Florida Project Series 2017), refunding Series 2008 (the Bonds). SUMMARY:  The official transcript for the Bonds has been provided. This transcript should now be received and filed in the Minutes Department. Countywide (PFK)   


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

D.        COUNTY ATTORNEY (Cont’d)

 

2.         Staff recommends motion to receive and file:  contract with Municipal Code Corporation (MCC) to provide ordinance codification and looseleaf supplement services to the County.  SUMMARY:  MCC was selected, as a result of a request for submittal process, to provide the County with ordinance codification and looseleaf supplement services for a three year term.  The attached fully executed contract with MCC should now be received and filed in the Minutes Department. The Contract is for a three year term, with two one year renewals at the County’s option.  The Contract has a not to exceed amount of $44,991.  The Contract has been executed by MCC and by the County’s Purchasing Director as within the Purchasing Director’s signature authority. Countywide (PFK)

3.         Staff recommends motion to approve:  Settlement Agreement and Mutual Release with Centerline Utilities Inc. (CUI), Mathews Consulting, Inc. (MCI), and Last Devenport, Inc. (LDI).  SUMMARY: The Settlement Agreement and Mutual Release (Agreement) relates to a Palm Beach County Water Utilities Department project for the installation of a reclaimed water pipeline under the Florida Turnpike (Project).  MCI and County entered into an annual contract for Engineering/Professional Services on June 3, 2014 (R2014-0823).  The County issued Consultant Service Authorization No. 17 (CSA) to the annual contract for the design of the Project to MCI on July 23, 2015.  MCI then entered into a Subcontractor Agreement with LDI, which designed the Project.  Following the design process, the Project was competitively bid, and CUI was the lowest responsive bidder, and entered into a contract dated June 21, 2016 for the construction of the Project (R2016-0780) (Construction Contract).  The Project as designed included the installation of a 30 inch casing pipe under the Florida Turnpike through which a 24 inch carrier pipe was to be pulled.  Following the installation of the casing pipe, it was discovered that the casing pipe had collapsed, making it impossible to pull the carrier pipe.  The casing pipe was grouted and abandoned in place.  The parties disputed the cause of the collapsed casing pipe, and attempted to resolve the issues prior to the filing of a lawsuit.  On May 23, 2017, the parties attended a presuit mediation, and agreed upon the terms of the settlement, which are memorialized in the Agreement.  The key terms are as follows: (1) LDI shall pay the County $287,000 within 60 days of the effective date of the Agreement; (2) CUI will pay the County $72,000 within 60 days of the effective date of the Agreement; (3) CUI releases any claim for final payment owing under the Construction Contract, which is in the amount of $60,690.04 according to the final invoice provided by CUI; (4) all parties release any and all claims against the other parties related to the Project; the Construction Contract, the CSA, and the Subcontractor Agreement; and (5) County will retain all parts or materials procured under the Construction Contract and in the County’s possession, which includes approximately 750 linear feet of 24 inch HDPE pipe.  The County has expended $511,710.76 under the CSI and Construction Contract to date.   Countywide (MJ)

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:  proposed seat change of one current member and one new appointment to the Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council for a term of approximately three years, effective August 15, 2017:

                                                                                                                                   

Current        Proposed                                                                                             Current

Seat No.       Seat No.       Appointment                 Seat Requirement                   Term Expires

   10                 26              Thomas McKissack        Non-Elected                                11/14/19

                                                                                       Community Leader

 

Seat No.                            Appointment                 Seat Requirement                   Term Expires

    6                                    Kristen Harrington          Social Service Providers,           10/06/20

                                                                                       Including Housing and

                                                                                       Homeless Service Providers

 

SUMMARY:  The total membership shall be no more than 33 at-large members, per Resolution No. 2011-1560. The HIV CARE Council nominations process is an open process with publicized criteria and legislatively defined conflict of interest standards. Due to an effort to most accurately reflect mandatory requirements, a seat change for one current member is being recommended. Thomas McKissack, due to retirement, is no longer an employee of The Jerome Golden Center for Behavioral Health, Inc., which contracts with the County for services. Mr. McKissack would like to remain on the HIV CARE Council. Mr. McKissack is currently in Seat No. 10 – Mental Health and/or Substance Abuse Provider, but will be moved to Seat No. 26 – Non-Elected Community Leader. Ms. Harrington has successfully completed the HIV CARE Council’s nomination process and the HIV CARE Council recommends her appointment. Ms. Harrington has disclosed that she is employed by the AIDS Healthcare Foundation, Inc. (AHF), which contracts with the County for services. The HIV CARE Council provides no regulation, oversight, management, or policy setting recommendations regarding contracts. Disclosure of this contractual relationship is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. The Board has 33 seats; 19 seats are currently filled with a diversity count of African-American: 8 (42%), Caucasian: 8 (42%), and Hispanic: 3 (16%). The gender ratio (female:male) is 9:10. The nominee is a Caucasian female. The Ryan White Program Manager and staff conduct targeted outreach in an effort to proffer candidates for appointments that will maintain a diverse composition of the Board. (Ryan White Program) Countywide (HH)

 

2.         Staff recommends motion to approve:  contract for Provision of Ryan White Part A HIV Health Support Services with the Health Care District of Palm Beach County, for the period March 1, 2017 through February 28, 2018, in an amount not to exceed $115,000, for the provision of improving the health of persons with HIV Spectrum Disease.  SUMMARY:  A notice of grant award was received on January 18, 2017, from the U.S. Department of Health and Human Services, Health Resources Services Administration, issuing a partial award in the amount of $3,404,398 in Formula and Minority AIDS Initiative funding. This contract will be amended and the budget will be aligned once the final notice of award has been received. This contract covers services for HIV affected clients which includes food bank/nutritional supplements, emergency financial assistance, and local supplemental drug reimbursement program. No County funds are required. (Ryan White Program) Countywide (HH)

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on Amendment #0001 to the 2016 Department of Children and Families (DCF) Challenge Grant Contract No. IPZ07 (R2017-0255), for the period July 1, 2017 through June 30, 2019, increasing the amount by $317,000, for a total contract amount not to exceed $475,500, to provide homeless prevention services;

 

B) delegate signature authority to the County Administrator, or designee, to sign any additional amendments or required contract forms for the DCF Challenge Grant; and

 

C) delegate signature authority to the County Administrator, or designee, to sign subcontracts, any additional amendments or required contract forms with the Catholic Charities of the Diocese of Palm Beach, Inc. and The Homeless Coalition of Palm Beach County, Inc., for the maximum cumulative amount of $475,500.

 

SUMMARY:  The Division of Human and Veteran Services received a 2016 Challenge Grant Contract through DCF to provide homeless prevention services and to update the Ten Year Plan to End Homelessness. The purpose of Amendment #0001 is to renew Grant Agreement IPZ07 for two additional years in the amount of $158,500 annually for SFY 2017-2018 and SFY 2018-2019, for a total two year increase of $317,000. The revised total agreement amount of $475,500 is subject to availability of funds. Subcontracts will be executed with Catholic Charities of the Dioceses of Palm Beach, Inc. to provide homeless prevention services and The Homeless Coalition of Palm Beach County to update the Ten Year Plan to End Homelessness. The County match of $162,084 supports all Palm Beach County Continuum of Care activities and is included in the FY 2017 budget and proposed FY 2018 budget. All funds must be expended no later than June 30th of each state fiscal year. An additional $98,900 of in-kind match funds will be provided annually by Catholic Charities of the Dioceses of Palm Beach, Inc. The emergency signature process was utilized because there was insufficient time to submit this amendment through the regular agenda process. (Division of Human and Veteran Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to:

 

A) ratify the signature of Commissioner Bernard on the 2017 U.S. Department of Health and Human Services (HHS) Youth Street Outreach Program Grant Application, for the period September 30, 2017 through August 31, 2020, in the amount of $200,000 annually for three years, to assist by engaging and linking unaccompanied homeless youth to housing and outreach services; and

 

B) delegate signature authority to the County Administrator, or designee, to sign HHS Youth Street Outreach Program grant agreements, amendments and any other required forms, for an amount up to $200,000 annually, until August 31, 2020.

 

SUMMARY:  Federal funding is available for a three year Youth Street Outreach Program that will assist in executing a coordinated community approach to assist unaccompanied homeless youth by engaging and linking youth to services. The grant will fund a Youth Outreach Team that will target unaccompanied youth between the ages of 16-24 years old, with a goal of identifying and linking 150 youth to housing and/or services. The Division of Human and Veteran Services (DHS), serving as the lead agency is collaborating with the Palm Beach County Youth Services Department, Families First of Palm Beach County, Homeless Coalition of Palm Beach County, Inc., Florida Department of Health and Gulfstream Goodwill Industries, Inc. Partnering agencies will provide $225,455 of in-kind services to support the grant application. The DHS in-kind services are included in the annual operating budget. A County match of $22,222 is required. An additional County match of $17,000 may be requested depending on the location of a drop-in center, which will assist in centralizing intake and assessment for youth. The drop-in center will also provide a safe space for youth and serve as a temporary respite from being outdoors. The emergency signature process was utilized because there was insufficient time to submit this grant application through the regular agenda process. (Division of Human and Veteran Services) Countywide (HH)

 

5.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on the Federal Fiscal Year (FFY) 2017 Federally Funded Subgrant Agreement No. 17EA-0F-10-60-01-023 with the State of Florida Department of Economic Opportunity, for the period April 1, 2017 through March 31, 2018, in an amount not to exceed $2,968,638, for the Low Income Home Energy Assistance Program (LIHEAP);

 

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

 

C) approve Budget Amendment of $1,394,452 in the LIHEAP fund to align the grant award to the budget.

 

SUMMARY:  LIHEAP funds of $2,968,638 will enable the Palm Beach County Community Action Program to provide assistance to approximately 7,000 low-income households with energy bills and crisis assistance to prevent service disconnection and to restore utility services. The emergency signature process was utilized because there was insufficient time to submit this application through the regular agenda process. County funds are not required. (Community Action Program) Countywide (HH)

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         Staff recommends motion to approve:  contract for Provision of Services with The Jerome Golden Center for Behavioral Health, Inc. (JGC), for the period August 1, 2017 through January 31, 2018, in an amount not to exceed $59,632 for case management services.  SUMMARY:  The Division of Human and Veteran Services (DHS) is tasked with conducting street outreach services for homeless individuals and families. A primary target for outreach efforts are the county and municipal parks. During these targeted efforts, the homeless individuals identified appear to most often be experiencing mental health and/or substance abuse issues and many times refuse assistance. Studies have shown that when behavioral health services are addressed from the street, along with ongoing engagement, these “hard to serve” individuals are more likely to agree to housing placement. As a result of this evidence, an Assertive Community Treatment (ACT) Team is being piloted to determine if the ACT model, which provides multidisciplinary, flexible treatment and support to people with mental illness and/or substance abuse would be more successful in serving this targeted population. The ACT Team will consist of the following: a DHS Case Manager, Peer Specialist, Registered Nurse (RN), Employment Specialist, and two Behavioral Health Specialists. JGC will provide two full-time equivalent Case Managers who specialize in behavioral health. Outreach staff will be knowledgeable in mental health and substance issues and resources. The Palm Beach County Health Care District will fund the RN position and Southeast Florida Behavioral Health Network, Inc. will fund the Peer Specialist position. Career Source Palm Beach County is providing job training and an Employment Specialist. The balance of the contract not used at the end of FY 2017 will be carried over to FY 2018. (Division of Human and Veteran Services) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to:

 

A) receive and file Award Modification (Modification P00002) of Law Enforcement Officer (LEO) Reimbursement Program Other Transaction Agreement HSTS02-16-H-SLR765 with the Transportation Security Administration (TSA) in the amount of $154,416.56 for law enforcement services at Palm Beach International Airport; and

 

B) approve budget amendment in the Airport’s Operating Fund, for the receipt of $154,416 of funding from the TSA; and an increase to Airport’s Reserve in the amount of $154,416.

                                                                                                           

SUMMARY: Delegation of authority for execution of the LEO Agreements was approved by the Board of County Commissioners on August 14, 2012 (R2012-1093).  Countywide (AH)

 

2.         Staff recommends motion to approve: Easement Agreement with Comcast Cable Communications Management, LLC (Comcast) for service to 1305 N. Perimeter Road in West Palm Beach at Palm Beach International Airport (PBIA). SUMMARY: The Easement Agreement will allow Comcast to install underground coax cable and fiber-optic cabling to Lund & Pullara, Inc., a tenant at PBIA located at 1305 N. Perimeter Road.  Countywide (HJF)

 

3.         Staff recommends motion to approve:  Easement Agreement with Comcast Cable Communications Management, LLC (Comcast) for service to 3887 Southern Boulevard in West Palm Beach at Palm Beach International Airport (PBIA). SUMMARY: The Easement Agreement will allow Comcast to install underground coax cable and fiber-optic cabling to FlightSafety International, Inc., a tenant at PBIA located at 3887 Southern Boulevard.  Countywide (HJF)

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

4.         Staff recommends motion to approve: First Amendment to Airport Parking Facilities Management Agreement (R2016-0863) with ABM Parking Services, Inc., a California corporation (ABM), clarifying reimbursement provisions, updating standard federal non-discrimination language and providing flexibility regarding frequency and timing of secret shopper services. SUMMARY: ABM manages the public parking facilities and shuttle services at the Palm Beach International Airport. The First Amendment clarifies reimbursement provisions to ensure that ABM is reimbursed for eligible items, including healthcare benefits and employee training, updates standard federal non-discrimination language to ensure compliance with federal requirements, and provides additional flexibility regarding the frequency and timing of secret shopper services. Countywide (AH)

 

5.         Staff recommends motion to receive and file:  License Agreement with The Weitz Company, LLC, commencing July 15, 2017, expiring on August 31, 2017, and automatically renewing on a month-to-month basis thereafter but not beyond September 30, 2019, providing for the use of 271 square feet of office space in the terminal associated with managing various terminal 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)

 

6.         Staff recommends motion to approve: License Agreement for Disaster Recovery (Agreement) with Florida Power & Light Company (FPL), providing for the short-term use of designated areas at the Palm Beach International Airport (PBIA) for storm and disaster recovery efforts at no charge. SUMMARY: The Agreement allows FPL to use portions of property at PBIA, as designated by the Department of Airports, on a short-term basis for staging of materials, equipment, supplies and personnel in connection with disaster recovery efforts, or in preparation for storm events such as tropical storms, hurricanes or tornadoes.  The Agreement expires December 31, 2017, and automatically renews on a year-to-year basis thereafter.  The County will have the right to terminate the License Agreement upon seven days prior written notice to FPL.   Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

7.         Staff recommends motion to receive and file:  twelve Consent to Sublease (Consent) documents for Galaxy Aviation of Lantana, Inc. (Galaxy) for Palm Beach County Park Airport (LNA).

 

A) Consent for Galaxy and EB Marine LLC, commencing 5/01/2015.

 

B) Consent for Galaxy and Berry Best Brand, Inc., commencing 11/01/2015.

 

C) Consent for Galaxy and Michael Watson, commencing 4/01/2014.

 

D) Consent for Galaxy and Charles Strumpf, commencing 11/01/2015.

 

E) Consent for Galaxy and Philip Valente Jr., commencing 11/01/2015.

 

F) Consent for Galaxy and Marlin Younker, commencing 9/1/2014.

 

G) Consent for Galaxy and AS Flight Academy, LLC, commencing 8/15/2014.

 

H) Consent for Galaxy and Zip Aviation LLC, commencing 10/01/2015.

 

I) Consent for Galaxy and Donill Kenney, commencing 5/17/2014.

 

J) Consent for Galaxy and Aircar Holding Corporation, commencing 4/01/2014.

 

K) Consent for Galaxy and High Road Time, LLC, commencing 8/15/2014.

 

L) Consent for Galaxy and Alan Miller, commencing 10/01/2015.

 

SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R94-1453.  Countywide (AH)

 

8.         Staff recommends motion to approve:   a list of twelve charitable organizations to benefit from the proceeds (coins) from the fountain at Palm Beach International Airport during the period October 1, 2017, through September 30, 2018. SUMMARY:   On March 14, 1989, the Board of County Commissioners approved the concept of collecting contributions from the Airport’s fountain on a monthly basis and contributing the funds to a different charitable organization recommended by the Community Services Department and approved by the Board of County Commissioners.  The Department of Airports recommends the non-profit organizations provided by the Community Services Department to receive contributions for the forthcoming fiscal year, commencing October 1, 2017. Average monthly contributions for the past year have been approximately $50.00. In addition, the list will be provided to Paradies-Palm Beach, LLC, the Airport’s retail concessionaire, who will send the contribution from the fountain in its gift shop areas along with an additional contribution of $250.00 to the recommended recipients pursuant to its concession agreement.  Countywide (AH)

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

9.         Staff recommends motion to:

 

A)  approve Letter of Release (Release) from the Federal Aviation Administration (FAA), releasing one parcel of land containing approximately 1,400 square feet (0.0321 acres) located west of Palm Beach International Airport (Airport) (Wallis Road Property) from the terms, conditions and obligations of grant assurances with the FAA, subject to the Release conditions imposed by the FAA;

 

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

 

C)  adopt Resolution of the Board of County Commissioners of Palm Beach County, Florida (Right-of-Way Resolution); imposing certain easements, covenants and restrictions on the Wallis Road Property (Declaration), and designating the Wallis Road Property for Palm Beach County (County) road right-of-way purposes, subject to the Declaration.

 

SUMMARY:  As part of the Runway 10L acquisition project, the Department of Airports (DOA) has acquired property along Wallis Road between Military Trail and Haverhill Road.  DOA is seeking to combine certain parcels and will be seeking a plat waiver from the County’s Engineering Department (Engineering).  As a condition of approval, Engineering requires the dedication of right-of-way for an ultimate right-of-way of 80 feet, being 40 feet from the centerline of Wallis Road.  The Release releases the Wallis Road Property from the terms, conditions and obligations of FAA grant assurances.  The Bond Resolution is required to allow the Wallis Road Property to be used for non-airport purposes.  The Right-of-Way Resolution designates the Wallis Road Property for County road right-of-way purposes, subject to the Declaration.  Countywide (AH)

 

10.       Staff recommends motion to approve:  License Agreement (Agreement) with the United States of America, acting by and through the Secretary of the Navy, Naval Facilities Engineering Command Southeast (Navy), commencing upon Board approval and expiring on September 30, 2022, for overflow vehicle parking on unimproved property at the northwest corner of Belvedere Road and Clubhouse Drive, north of the Palm Beach International Airport (PBIA), without charge. SUMMARY: The Agreement provides for vehicle parking by Navy reserve personnel.  The Navy conducts drills at their facility on Marine Drive, located north of PBIA, and has requested the right to use the unimproved property, located adjacent to their facility, from time to time for overflow parking.  The Navy will submit requests when parking is needed, for approval by the Department of Airports. The Agreement will expire September 30, 2022.  The Agreement is being granted to the Navy without charge and can be terminated for convenience by the Navy or revoked by the County at any time.  Countywide (AH)

 

11.       Staff recommends motion to adopt:  Resolution establishing a standard form Hotel Courtesy Shuttle Operator Permit (Permit); authorizing the County Administrator or designee to execute the Permit; providing for adjustment of fees and charges; repealing Resolution R2010-0707; and providing an effective date. SUMMARY: The Resolution establishes a new standard form Permit for use with hotel courtesy shuttles at the Palm Beach International Airport (PBIA), and authorizes the County Administrator or designee to execute the Permit on behalf of the Board.  The Director of Airports is considered a designee of the County Administrator under the Resolution.  The Permit authorizes shuttle vehicles to transport customers to and from designated locations at PBIA at no direct cost to the customer.  The Permit establishes an application fee of $250, and an initial Permit fee of $200 per year, which includes up to five windshield decals for the shuttle vehicles.  Additional shuttle vehicle decals are $10 each.  The Resolution authorizes the fees and charges under the Permit to be increased by an amount not to exceed 5% annually, commencing October 1, 2018.  Countywide (AH)


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

12.       Staff recommends motion to receive and file:  Access Agreement with Drive Shack Palm Beach, LLC (Drive Shack), commencing July 6, 2017, and expiring September 3, 2017, for access to conduct due-diligence inspections on the property leased to Drive Shack at the southwest corner of Belvedere Road and Australian Avenue at the Palm Beach International Airport, without charge. SUMMARY: Delegation of authority for execution of the standard-form access agreement was approved under R2006-2716.   Countywide (AH)

 

13.       Staff recommends motion to receive and file:  Owner’s Affidavit required by the Development Site Lease Agreement (Lease) with Drive Shack Palm Beach, LLC (Drive Shack) (R2017-0939). SUMMARY: On July 11, 2017 (R2017-0939), the Board approved the Lease with Drive Shack and authorized the Director of the Department of Airports to execute, on behalf of County, the Owner’s Affidavit, which was required to be delivered to Drive Shack within five days of the effective date of the Lease.  The Owner’s Affidavit is required by the Lease for title insurance purposes. Countywide (HF)

 

14.       Staff recommends motion to receive and file: 

 

A)  Advanced Cleanup Program Agreement with the State of Florida, Department of Environmental Protection (FDEP) (DEP Contract No. AC 408) (AC Agreement), for expedited environmental remediation on County-owned property at the former Palm Tran facility at 1440 Perimeter Road at the Palm Beach International Airport (PBIA) (FDEP Facility ID 508514018) (Palm Tran Site), pursuant to FDEP’s Advanced Cleanup (AC) Program; and

 

B)  Permission To Enter Property (Entry Agreement) with Terracon Consultants, Inc. (Terracon), to access the Palm Tran Site to conduct the remediation provided for in the AC Agreement.

 

SUMMARY:  The County submitted an Advanced Cleanup Application (AC Application) (R2017-0151) to FDEP that was accepted.  The AC Agreement is required to participate in the AC Program and is the standard form approved by the Board on November 22, 2016 (R2016-1674).  The final AC Agreement provides for a 27% cost-share of the $596,184.48 estimated total cleanup cost, including contingency, for a total of $160,969.80, which is less than the cost-share amount of $207,489.80, as proposed in the AC Application.  The Entry Agreement is the standard form approved by the Board of County Commissioners on November 17, 2015 (R2015-1613). Countywide (AH)

 

15.       Staff recommends motion to approve:  Utility Easement Agreement (Easement) with Bellsouth Telecommunications, LLC., d/b/a AT&T Florida (AT&T) for telecommunications facilities at the Palm Beach International Airport (PBIA) in West Palm Beach. SUMMARY: The Easement provides for the construction, operation and maintenance of underground telecommunication facilities to provide fiber optic service to property on PBIA leased to Avis Rent A Car System, LLC (Avis) (R88-314, as amended), beginning at the intersection of Belvedere Road and Florida Mango Road and continuing southerly to the Avis facility on James L. Turnage Blvd., within a 10' wide x 1,105' long parcel (11,049.6 square feet, or 0.2537 acres). Countywide (AH)

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

16.       Staff recommends motion to:

 

A) approve Letter of Release (Release) from the Federal Aviation Administration (FAA), releasing two parcels of land totaling approximately 0.0516 acres, located along the north and south sides of Green Street east of Military Trail, west of the Palm Beach International Airport (Airport) (Green Street Property) from the terms, conditions and obligations of grant assurances with the FAA, subject to conditions imposed by the FAA (Declaration);

 

B) adopt Resolution of the Board of County Commissioners of Palm Beach County, Florida (Bond Resolution); determining that the Green Street Property is not necessary for Airport purposes and that the disposition of the Green Street Property shall not impair the operating efficiency or reduce the revenue producing capability of the County’s Airport System; and providing for an effective date;

 

C) adopt Resolution of the Board of County Commissioners of Palm Beach County, Florida (Conveyance Resolution); providing for authorization to convey certain County-owned real property to the State of Florida Department of Transportation (FDOT); authorizing the County Mayor to execute the County Deed; and providing for an effective date; and

 

D) approve County Deed, conveying the Green Street Property to FDOT without cost, subject to the Declaration, and without reservation of, and without the rights of entry and exploration relating to, phosphate, minerals and metals (Reservations).

 

SUMMARY:  The Green Street Property will be donated to FDOT for Military Trail right-of-way purposes in connection with intersection improvements as part of the Golfview Infrastructure Phase 1 Project (R2016-0715) (Project) at the northwest corner of the Airport.  The Release releases the Green Street Property from the terms, conditions and obligations of FAA grant assurances. The Bond Resolution is required to allow the Green Street Property to be used for non-airport purposes. The Conveyance Resolution is required pursuant to the provisions of Sections 125.38 and 270.11, Florida Statutes, and authorizes conveyance of the Green Street Property to FDOT without cost, subject to the Declaration, and Reservations.  Pursuant to the PREM Ordinance, conveyances must be approved by a Supermajority Vote (5 Commissioners). Countywide (AH)

 

17.       Staff recommends motion to approve:  Second Amendment to Airport Baggage Cart Concession Agreement (R2010-1108, as amended) (Agreement) with Smarte Carte, Inc., a Minnesota Corporation (Smarte Carte), providing for automatic annual renewals of the term to September 30, 2022. SUMMARY: Smarte Carte provides self-service baggage carts and cart dispensing units at PBIA pursuant to the Agreement.  The term expires September 30, 2017.  Smarte Carte pays the greater of a minimum annual guarantee or 5% of annual gross revenues.  Gross revenues under the Agreement are less than $75,000 annually.   The Second Amendment provides for automatic annual renewals to September 30, 2022, under the same terms and conditions, including a commitment of a minimum of 5% Airport Concession Disadvantaged (ACDBE) participation. Smarte Carte has achieved more than 12% ACDBE participation to date under the Agreement. The Second Amendment also updates standard County provisions, including the Inspector General and non-discrimination provisions. Countywide (AH)

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

18.       Staff recommends motion to approve: appointment of the following individual to the Citizens Committee on Airport Noise (CCAN) to complete the term of Jerry E. Beavers with an expiring date of September 30, 2017.   Mr. Beavers is deceased.

 

Seat No.         Name                         Action                         Organization

   8                   Remar Harvin           Appointment             PBC League of Cities

 

 

SUMMARY: Per Resolution No. R2013-1304, the Citizens Committee on Airport Noise consists of 11 seats of which four (seats No. 8 through 11) are recommended for appointment by the organizations approved by the Board of County Commissioners.  The Palm Beach County League of Cities submitted its recommendation for representation by letter. Countywide (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to:

 

A) approve request by Palm Beach County Tax Collector, Anne M. Gannon, for Board of County Commissioners to order the 2017 tax roll to be extended prior to completion of the Value Adjustment Board (VAB) hearings; and

 

            B) direct the VAB to certify the assessment roll as required by State Statutes.

 

SUMMARY: Approval of this request will avoid a delay in the issuance of tax notices beyond November 1, 2017, and will permit the collection of property taxes prior to completion of the VAB hearings. Countywide (PFK)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to receive and file:  Notification of the cumulative total of time extensions to the contract with All-Site Construction, Inc. (R2015-1461) for the Fire-Rescue Station No. 42 Renovations project having reached the 120 day time extension reporting threshold.  SUMMARY: In accordance with PPM CW-F-050, when the cumulative time extensions approved by the Lead Department and the Contract Review Committee exceeds 120 days, the Department is required to notify the Board that it has reached this reporting threshold.  With approval of Change Order No. 3 for a time extension of 50 days on July 12, 2017, by the Contract Review Committee, the cumulative total of days for this project is 127.  This item notifies the Board that the cumulative threshold has been reached and is being reset by this notification. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15%. All-Site Construction, Inc. is a SBE business and the cumulative SBE participation for this contract is 55.7%. (Capital Improvements Division) District 5 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: Second Amendment to Interlocal Agreement (R2009-1661) with the Town of South Palm Beach (Town) to extend the term of the Agreement allowing for direct access to the County’s Public Safety Radio System (System) through October 4, 2021.   SUMMARY:  The Agreement, which provides the terms and conditions under which the Town can directly access the System, expires on October 4, 2017. The Agreement provides for two renewal options, each for a period of four years. The Town has approved a renewal to extend the term of the Agreement through October 4, 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 2009 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 County’s responsibilities, modifies the provision regarding the annual budget information to be provided, and adds standard County nondiscrimination provisions.  (ESS) Countywide (LDC)

 

3.         Staff recommends motion to approve:  Third Amendment to Interlocal Agreement (R2002-1353), as amended by R2007-144 and R2012-1675 (collectively referred to as Agreement) with the Village of Wellington (Village) 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 through August 18, 2022.   SUMMARY:  The Agreement, which provides the terms and conditions under which the Village can program its radios and utilize the countywide common talk groups for certain inter-agency communications expires on August 18, 2017. The Agreement provides for three renewal options, each for a period of five years. The Village has approved a renewal to extend the term of the Agreement through August 18, 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. The Village 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 days-notice. This Third Amendment renews the term, updates the attachment, 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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: First Amendment to Interlocal Agreement (R2014-1920) (Agreement) with the Town of South Palm Beach (Town) to extend the term of the Agreement for radio maintenance services through October 4, 2021.  SUMMARY:  The Agreement, which provides the terms and conditions under which the Town receives radio equipment maintenance services from the County, expires on October 4, 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 October 4, 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 1st (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 months notice. This First Amendment renews the term, updates the provision regarding the address for the maintenance facility, warranty and corrective repairs and the County’s standard nondiscrimination.  Other than the changes set forth herein, all other terms remain the same. (ESS)  Countywide (LDC)

 

5.         Staff recommends motion to approve: Sovereignty Submerged Lands Lease Renewal (502637596) (Lease) with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for submerged lands at Juno Beach Park for the period of April 2, 2017 through April 2, 2022.  SUMMARY:  The County currently leases from TIITF 32,596 square feet (.75 acres) of sovereign submerged lands under the Juno Beach Pier at Juno Beach Park.  The Lease allows the County to operate a public fishing pier and a non-water dependent bait shop and vending area.  This Lease will retroactively extend the term of the Lease for five years and will expire on April 2, 2022.  The annual rent is $5,679.66, with annual increases pursuant to provisions of Rule 18-21.011, Florida Administrative Code.  This Lease requires a processing fee of $648.00, which has been paid by the Parks and Recreation Department.  All Lease fees are budgeted by the Parks and Recreation Department under its annual operating expenses for Juno Beach Park.  Parks will continue to have administrative responsibility for this Lease.  (PREM) District 1 (HJF)

 

6.         Staff recommends motion to receive and file: License for Bulk Potable Water Service with the City of West Palm Beach to provide the Ball Park of the Palm Beaches with potable water for irrigation of the ball fields on a temporary, as needed basis.  SUMMARY: On August 31, 2015, the City of West Palm Beach and County entered into an Interlocal Agreement for the Purchase of Bulk Reclaimed Water (R2015-1074) to provide reclaimed water for irrigation of the ball fields. The County Water Utilities Department, on behalf of HW Spring Training Complex, LLC, constructed a pipeline for the transmission of reclaimed water to serve the Ball Park.   The Ball Park requires a backup water source as there may be periodic interruptions in delivery of reclaimed water.  This License allows for the purchase of potable water at the bulk rate established by the City. (PREM) District 7 (HJF)

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to receive and file:  notice of exercise of the 1st one-year extension option under the Lease Agreement with Alzheimer’s Community Care, Inc. (R2013-0404) for 1,080 square feet of space located at the Mid-County Senior Service Center (Senior Center) at 3680 Lake Worth Road, at an annual rent of $13,332.   SUMMARY: On April 2, 2013, the Board approved a Lease Agreement with Alzheimer’s Community Care, Inc. (ACC) for the provision of an adult day care dementia specific unit, in partnership with the Division of Senior Services (DOSS).  On April 21, 2015, the Board approved a Restated and Amended Lease (Restated Lease) (R2015-0497) extending the term to September 30, 2017, increasing the annual rent, expanding the days of authorized use from County business days to include mutually agreed weekday holidays, and authorizing the ACC staff to remain at the Senior Center past County business hours.  Exercising this 1st of two one-year options extends the term to September 30, 2018.  After this extension, there will remain one extension option available to ACC.  The annual rental rate is $13,332 and is without annual increases.  Pursuant to the Restated Lease, ACC has the right to exercise its option and the Board has no discretionary authority to deny the exercise of the option.  DOSS supports this option exercise and will continue to have administrative responsibility for this Lease.  (PREM) District 3 (HJF)

 

8.         Staff recommends motion to approve: Utility Easement Agreement in favor of Florida Power & Light Company (FPL) for overhead electrical service in connection with FPL’s Hurricane Hardening Project across portions of the County’s Okeeheelee Park South property located south of Forest Hill Boulevard, east of the Turnpike.  SUMMARY:  As part of FPL’s Hurricane Hardening Project of the County property which includes Okeeheelee Park South, the Sheriff’s K-9 facility, the County’s radio communication tower, and WUD’s Administration facility, FPL has installed new overhead power lines and concrete and wooden power poles (Improvements) throughout portions of the County property where the Improvements will be less susceptible to incur damages during a storm or hurricane.  A non-exclusive easement will be granted to FPL at no charge since the Improvements only service the County Property.  The easement area is approximately 10 feet in width, 4,437.50 feet long, and contains 44,378.80 square feet (1.02 acres).  (PREM)  District 2 (HJF) 

 

9.         Staff recommends motion to approve:  exercise of the first option to extend the term of the Lease Agreement (R97-2126D) dated December 16, 1997, as amended, with GC Skees Industrial, LLC, for the County’s continued use of 6,000 SF of office and warehouse space for the Palm Beach County Sheriff’s Office at an annual rate of $72,540 ($6,045/month).  SUMMARY:  Since January 1, 1998, the County has leased office and warehouse space at 1438 Skees Road in West Palm Beach for the Palm Beach County Sheriff’s Office. The current term of the Lease Agreement, as amended, is due to expire on December 31, 2017, and provides for two one-year options to extend.  This option will extend the term of the Lease Agreement for one year, from January 1, 2018 through December 31, 2018, and increase the annual rent four percent (4%) from $69,780/yr. ($11.63/SF) to $72,540/yr. ($12.09/SF).  All other terms of the Lease Agreement remain unchanged. PREM will continue to have administrative responsibility of the Lease Agreement. (PREM)  District 2 (HJF)

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

10.       Staff recommends motion to approve: First Amendment to Access Easement (R2003-0083) with The King’s Academy, Inc. (School) for additional access across undeveloped County owned property located off Sansbury’s Way in unincorporated West Palm Beach.  SUMMARY:  The County owns approximately 41.59 acres of land located off Sansbury’s Way in unincorporated West Palm Beach.  The School owns approximately 58 acres lying west of and adjacent to the County property and contains the School facility. The School also owns a vacant 5 acre expansion parcel (Outparcel) lying south of and adjacent to the County property.  On January 7, 2003, the Board approved an Exchange Agreement and an Access Easement (R2003-0083) with the School whereby the County exchanged County land at Sansbury’s Way for property owned by School located on Cherry Road, and further granted the School access from the School facility property across the County property to the Outparcel.  The School is developing the Outparcel to include a sports practice field, storage building and restrooms. In order to meet minimum frontage requirements, the School is requesting an amendment to the Access Easement extending the easement area an additional 65 feet along the northern perimeter of the Outparcel.  The First Amendment to Access Easement will be granted at no cost to the School as the County is required pursuant to the Exchange Agreement to provide them with access to their Outparcel.  The easement area is approximately 65 feet in length and is approximately 30 feet in width, containing approximately 1,950 square feet (0.05 acres). (PREM) District 2 (HJF)

 

11.       Staff recommends motion to approve:  annual contract with Randolph Construction Group, Inc., for general building minor construction services on an “as-needed” basis for projects typically under $100,000 each.   SUMMARY:  This continuing contract has an initial term until February 2, 2018, and is an indefinite-quantity contracts with a cumulative maximum value of $6,000,000 across all the minor contractors. This contractor now joins the list of 18 already prequalified contractors for a total of 19.  The work consists of general construction services associated with repairs, improvements and renovations to County properties.  Work is to be awarded as work orders on a lump-sum, competitively quoted basis among the pool of pre-qualified general contractors. Contracts will terminate when a total of $6,000,000 in work orders are issued to any combination of all contractors or when the time frame has expired, whichever occurs first. This contract provides for up to four one-year renewals, at the sole option of the County.  Randolph Construction Group, Inc. is a Palm Beach County business and a Small Business Enterprise. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15%.  When bids are received from the pre-qualified contractors under this contract, local and SBE preferences will be evaluated and applied at that time. (Capital Improvements) Countywide (LDC)

 

12.       Staff recommends motion to receive and file:  notice to terminate the License Agreement (R2012-1682) received from the Town of Jupiter for the use of office space within the County’s West Jupiter Community Center (Center) located at 6415 Indiantown Road, Jupiter, effective August 10, 2017.  SUMMARY:  On November 20, 2012, the Board approved the License Agreement with the Town of Jupiter, without charge, for the use of an office within the County’s Community Action Program Office located at the Center. The office was used for the purpose of assisting County residents with applying for community assistance services such as food stamps, cash assistance and Medicaid benefits, referrals to the County’s Community Action Program and other assistance programs.  The term of the License Agreement extended on a year-to-year basis, unless terminated by either party upon 30 days notice to the other party. On July 11, 2017, the Town of Jupiter provided its notice to terminate the License Agreement due to changes in staffing and lack of activity at the County’s Community Action Program Office. The Town of Jupiter has vacated the Premises.  (PREM) District 7 (HJF)

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

13.       Staff recommends motion to approve:  contract with Architecture Green, LLC for the fixed amount of $1,390,349 to perform architectural/engineering services for the new Canyons District Park, to be located in west Boynton Beach.  SUMMARY: The project consists of a district park on 52 acres located south of Boynton Beach Boulevard and west of Acme Dairy Road.  Park improvements will be constructed in 2 phases, based on the community’s immediate needs.  The Phase 1 improvements should include a 4 flex-play multipurpose fields, a restroom/concession facility, grass/asphalt parking spaces and infrastructure necessary to support the park amenities. Phase 2 may include several of the following: baseball/softball fields, pickle ball, volleyball and basketball courts, restrooms, playground, picnic pavilions, dog park, a maintenance facility, asphalt parking and access roads along with associated site/utility improvements. A community outreach will be performed to identify the program. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15%. Architecture Green, LLC will provide 76% SBE participation for this contract. Funding for this contract is from Park Impact Fees Zone 3.  Architecture Green, LLC is a local business and all of its subconsultants are local businesses. (Capital Improvements Division) District 5 (LDC)

 

14.       Staff recommends motion to approve: reappointment of Diane Pendleton, MAI, CFE, to the Property Review Committee (PRC) for a term of three years beginning October 1, 2017.

 

Appointment Member

Seat

No.

Seat Requirement

 

Term

 

Nominated By:

 

Diane L. Pendleton

MAI, CFE

1

A representative from

the PBC Property

Appraiser’s  Office

10/1/17 –

9/30/20

 

Mayor Burdick

Commissioner  Valeché

Commissioner Abrams

Commissioner Berger

 

SUMMARY: On October 22, 2013, the Board of County Commissioners (BCC) adopted Resolution No. 2013-1421, which re-established the PRC consisting of five members appointed at-large by the BCC and the term limits. Each member is appointed to serve a term of three years with a limit of three consecutive terms served. Ms Pendleton served on the PRC for a three year term that expires on September 30, 2017, and has agreed, if reappointed, to continue to serve on the PRC.  Seat No. 1 must be filled by a representative from the Palm Beach County Property Appraiser’s Office.  This seat is for a term commencing October 1, 2017 through September 30, 2020.  The PRC has five seats; four seats are currently filled and have a diversity breakdown of: Caucasian: 2 (50%); African-American: 1 (25%); and Hispanic: 1 (25%). The gender ratio (female:male) is 2:2.  This nominee is a Caucasian female.  (PREM) Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2014-0820) with the City of Belle Glade to provide additional funding in the amount of $27,777.19 and extend the Agreement expiration date from October 31, 2017 to October 31, 2019. SUMMARY: On June 3, 2014, the County entered into an Agreement (R2014-0820), as amended by Amendment No. 001 (R2015-1563) on November 3, 2015, with the City of Belle Glade to provide $42,486.49 in Community Development Block Grant (CDBG) funding for the lease of three vehicles and the purchase of four iPads and their related accessories and internet service to be used for code enforcement activities.  The City has requested the use of $27,777.19 in surplus CDBG funds remaining available from two completed code enforcement Agreements with the City ($12,302.32 from R2014-1464 and $15,474.87 from R2015-1476).  Approval of the additional funds will allow for each of the three vehicle leases to be extended by two years and replacement of the leased vehicles with new models.  The additional funds will also allow for the purchase of additional computer equipment and related services.  The Amendment provides a two-year extension to the expiration date of the Agreement commensurate with the vehicle lease extension period. These are Federal CDBG funds, which require no local match. District 6 (JB)

 

2.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2017-0063) with the City of Lake Worth to extend the expiration date from April 1, 2018 through August 1, 2018. SUMMARY: On January 10, 2017, the County entered into an Agreement (R2017-0063) with the City of Lake Worth to provide $258,188 in Community Development Block Grant funding for the installation of street improvements along 2nd Avenue South between Dixie Highway and South Federal Highway in Lake Worth. The project experienced delays in the design of the improvements and is currently in the bidding phase.  As a result, the benchmark dates shown in the Agreement for completing the design and advertising for bids, accepting bids, starting and completing construction have also been adjusted.  Adjusting the end date of the Agreement will allow the interim benchmark dates to be adjusted to reflect the current implementation schedule of the project.  Approval of this agenda item will provide the City an additional 120 days to complete the project. These are Federal CDBG funds, which require no local match. District 7 (JB)

 

3.         Staff recommends motion to approve: Agreement with the City of Belle Glade for demolition services. SUMMARY:  This Agreement establishes terms for the City of Belle Glade’s participation in the Department of Housing and Economic Sustainability’s (DHES) Demolition Program.  DHES utilizes Federal Community Development Block Grant (CDBG) and Neighborhood Stabilization Program (NSP) funds to undertake the demolition of structures, which pose a threat to public health and safety or pose blighting conditions in the community.  When the expenditure of Federal funds on the demolition of a property is $25,000 or greater, United States Department of Housing and Urban Development (HUD) regulations (24 CFR 570.505) apply.  These regulations require that for no less than five years following demolition, the property serve a CDBG/NSP eligible use such as affordable housing, a public facility, or a commercial facility, which predominantly serves low and moderate-income persons.  This Agreement requires the municipality to place an encumbrance on the title to such properties in order to restrict their use, to secure the Federal funds, and to ensure compliance with HUD grant requirements.  The Agreement will begin on the date of its approval by the Board of County Commissioners and will remain in effect until terminated for a period of three (3) years thereafter. These are CDBG and NSP Federal funds which require no local match. District 6 (JB)

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to approve: Agreement with the City of Lake Worth for demolition services. SUMMARY:  This Agreement establishes terms for the City of Lake Worth’s participation in the Department of Housing and Economic Sustainability’s (DHES) Demolition Program.  DHES utilizes Federal Community Development Block Grant (CDBG) and Neighborhood Stabilization Program (NSP) funds to undertake the demolition of structures, which pose a threat to public health and safety or pose blighting conditions in the community.  When the expenditure of Federal funds on the demolition of a property is $25,000 or greater, United States Department of Housing and Urban Development (HUD) regulations (24 CFR 570.505) apply.  These regulations require that for no less than five (5) years following demolition, the property serve a CDBG/NSP eligible use such as affordable housing, a public facility, or a commercial facility which predominantly serves low and moderate income persons.  This Agreement requires the municipality to place an encumbrance on the title to such properties in order to restrict their use, to secure the Federal funds, and to ensure compliance with HUD grant requirements.  The Agreement will begin on the date of its approval by the Board of County Commissioners and will remain in effect until terminated for a period of three (3) years thereafter. These are CDBG and NSP Federal funds which require no local match. District 7 (JB)

 

5.         Staff recommends motion to approve:

 

A) waiver of PPM CW-F-049 (Contract Development PPM) with regard to the attorney fees provision in an agreement with U.S. Department of Agriculture (USDA);

B) Promissory Note, USDA Form RD 4274-3 to accommodate the provision of the note in connection with satisfaction of reasonable attorney’s fees to USDA in the event of a default; and

C) waiver of the Contract Development PPM with regard to all future agreements with USDA that are in substantially similar form as this Note.

SUMMARY: Approval of this form allows the County to enter in an agreement with USDA and execute the promissory note under this agreement.  This is required to execute the closing documents.  This promissory note requires the County to indemnify USDA for “all expenses, whether incurred in or out of court, whether incurred before or after this note shall become due at its maturity date or otherwise, which USDA may deem necessary or proper in connection with obtaining satisfaction of the indebtedness, including but not limited to reasonable attorney’s fees”.  Pursuant to the Contract Development PPM, the County should not agree to the indemnity provision concerning attorney fees.  However, a recent Florida Supreme Court decision recognizes that contractual indemnity arrangements are enforceable, thus Staff is requesting approval of a waiver of the Contract Development PPM in this instance. These are Federal loan funds, which require no local match. District 6 (JB)

 

6.         Staff recommends motion to approve: nomination of Patrick Franklin as Chairperson of the Housing Finance Authority of Palm Beach County, Florida (Authority) for the term of June 2017 through May 2018. SUMMARY: At their regular meeting of June 9, 2017, the Authority Board nominated Patrick Franklin as its Chairperson to serve a term of one year in accordance with Ordinance No. 2002-022, as amended.  This Ordinance requires the nomination of the Chairperson to be submitted to the Board of County Commissioners for approval. Countywide (PFK)

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING 

 

1.         Staff recommends a motion to approve:  appointment of two new members to the Land Development Regulation Advisory Board (LDRAB). Seat No. 9 is to complete an unexpired term ending February 8, 2018 and the at-large seat to complete an unexpired term ending February 8, 2019.

 

Appointment     Seat No.    Seat Requirement      Nominated By

Anna Yeskey      9                Municipal Rep             Palm Beach County League of Cities, Inc.

Winifred Said      At-Large     Alternate                      Mayor Paulette Burdick

 

SUMMARY:  Ms. Anna Yeskey, Director of PBC Intergovernmental Coordination Program, and Ms. Winifred Said, Environmental Scientist, have both been nominated to serve on the Land Development Regulation Advisory Board (Board). The at-large seat was previously held by Mr. James Brake, who resigned on May 17, 2017 and Seat No. 9 was previously held by Joni Brinkman, who resigned on December 8, 2016.The Board is comprised of 18 members. The term of office for Board members is three years, with a limit of three consecutive three-year terms. Nine of the members shall be appointed by a majority of the Board of County Commissioners (BCC) upon a recommendation by the following organizations: Gold Coast Builders Association, League of Cities, Florida Engineering Society, American Institute of Architects, Environmental Organization, Realtors Association of the Palm Beaches, Florida Surveying and Mapping Society, Associated General Contractors of America and The Palm Beach County Planning Congress. Seven members will be appointed by the BCC: one from each commissioner as a district appointment, with consideration of expertise in Article 2. G.3. A.3.b. The BCC shall also appoint two at-large alternate members, by a majority vote of the BCC with consideration of the expertise noted above. The at-large members are alternates and therefore the attendance rules are not applicable. The Board consists of 18 members, with 15 seats currently filled and a diversity count of Caucasian: 13 (90%), African American: 1 (5%), Hispanic: 1 (5%). The gender ratio (male: female) is 13:2. Nominees Ms. Yeskey and Ms. Said are both Caucasian females. Staff has addressed the need to increase diversity within our boards and will continue to encourage this in an effort to expand the Board’s diversity. Unincorporated (LB)

 

2.         Staff recommends motion to receive and file:  executed Termination of Removal Agreements received during the month of June 2017:

 

A) Kodiak Custom Homes, Inc. and Gastion, Inc., owners of property located at 47 N Cleary Rd, West Palm Beach, Florida 33413, PCN 00-42-43-27-05-006-3707, recorded in Official Record Book 29176 PG 0442 on June 23, 2017;

 

B) Kodiak Custom Homes, Inc. and Gastion, Inc., owners of property located at 47 N Cleary Rd, West Palm Beach, Florida 33413, PCN 00-42-43-27-05-006-3707, recorded in Official Record Book 29176 PG 0448 on June 23, 2017; and

 

C) BW Lake Worth Jog, LLC, owner of property legally described as Palm Beach Co #3 Tract 76, 77, 78 Block 11 Section 27 Township 44 Range 42, recorded in Official Record Book 29182 PG 0578 on June 27, 2017.

 

SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File Agenda Item. The listed property owners entered into Removal Agreements for future right of way or other easement within the County and have now decided to terminate the Removal Agreements. The Termination of Removal Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Executive Director of the Planning, Zoning & Building Department in accordance with Resolution 2015-1863, and are now being submitted to the Board to receive and file. Countywide (AH)


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to receive and file: executed Agreements received during the months of April and May 2017.

 

A) Standard Potable Water and Wastewater Development Agreement with Haverhill Acres, LLC, #01-01252-000 (District 2), recorded in OR BK 29084 PG 1288-1295.

 

B)  Standard Potable Water and Wastewater Development Agreement with CREG, LLC, #05-01120-000 (District 3), recorded in OR BK 29084 PG 1263-1270.

 

C) Standard Potable Water and Wastewater Development Agreement with Boynton Beach Associates XVIII, LLLP, #05-01121-000 (District 5), recorded in OR BK 29084 PG 1279-1287.

 

D)  Standard Potable Water and Wastewater Development Agreement with Divine Savior Lutheran Church and Academy-Delray, Inc., #09-01082-000 (District 5), recorded in OR BK 29084 PG 1255-1262.

 

E)  Standard Potable Water and Wastewater Development Agreement with SP Court LLC, #14-01002-000 (District 6), recorded in OR BK 29084 PG 1271-1278.

 

F)  Standard Reclaimed Water Development Agreement with Divine Savior Lutheran Church and Academy-Delray, Inc., #09-90012-000 (District 5), recorded in OR BK      29027 PG 1537-1544.

 

SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants/procurement items must be submitted by the initiating Department as a receive and file agenda item and are attached unless the documents have been recorded in the Public Records of Palm Beach County. The documents have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Water Utilities Department in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now being submitted to the BCC to receive and file. (MJ)

 

2.         Staff recommends motion to approve:  contract with Hinterland Group, Inc., (HGI) for the Century Village and Westgate Gravity Sewer Rehab Project in the amount of $3,000,651.30. SUMMARY:  On April 26, 2017, five bids were received for the Century Village and Westgate Gravity Sewer Rehab Project (Project). HGI was found to be the lowest, responsive bidder. The Project provides for the rehabilitation of the aging gravity sewer system in the Century Village and Westgate service area. The Project also includes lining several segments of ductile iron pipe between terminal manhole and wet well that are in need of rehabilitation. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The Contract with HGI provides for SBE participation of 95% overall. HGI is a local Palm Beach County company. This project is included in the FY17 Capital Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 17-037) Districts 2 & 7 (MJ)

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

3.         Staff recommends motion to approve: First Amendment to Interlocal Agreement Between Palm Beach County and Broward County (Parties) Related to the Construction, Ownership, Operation, and Maintenance of a Regional Reclaimed Water System (Agreement). SUMMARY: On April 5, 2016, the Board of County Commissioners (BCC) approved the Agreement between the Parties (R2016-0470) to construct and operate transmission and treatment capacity improvements to deliver reclaimed water from Broward County’s northern wastewater treatment plant to the Water Utilities Department (WUD) reuse distribution system.  The regional Broward County/Palm Beach County Reclaimed Water Project (Project) will allow Broward County to meet the requirements of the Ocean Outfall Law and provide for the expansion of the provision of reclaimed water to additional customers in the WUD service area. The First Amendment to the Agreement provides for the inclusion of an additional western regional point of connection located at the Hillsboro Canal south of Riverside Drive.  The Parties determined inclusion of an additional point of connection and changes to the original transmission pipeline route were necessary to enable WUD to construct portions of the infrastructure necessary to provide reclaimed water to Osprey Point Golf Course, which will allow WUD to meet the terms of the Agreement requiring WUD to “take or pay” a certain quantity of water by April 2021.  Additionally, the First Amendment to the Agreement provides for changes to the reclaimed water quality requirements of the Project to reflect the locations and manner by which Broward County will be sampling, testing and reporting the water quality, as well as the conditions under which Palm Beach County shall have no obligation to accept or pay for any reclaimed water. The Project will provide environmental benefits to the residents of both Counties, including groundwater recharge, mitigation of salt-water intrusion, and reduction of the reliance on potable water for irrigation needs. Districts 4 & 5 (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to receive and file: Change Order No. 3 to Agreement No. 06PB2 (Agreement) (R2007-0046) with the Florida Department of Environmental Protection (FDEP) for the Singer Island Shore Protection Project (Project) modify two dune restoration deliverables with a minor scope change.  The total project cost and end date of July 1, 2017, remain the same. SUMMARY:  On January 9, 2007, the Board of County Commissioners approved FDEP Agreement No. 06PB2 (R2007-0046), as amended by R2008-2222, R2008-2223, R2009-2147, R2012-0729, R2013-1340 and R2014-0293 for the Project. Delegated authority to sign all future time extensions, task assignments, certifications and other forms associated with the Agreement was approved at that time.  Change Order No. 3 modifies Task 3.2 Dune Construction, by transferring $209,599 in grant funding from Deliverable B to Deliverable D and revises Deliverable D’s scope. The Agreement authorizes a 39.945% state cost-share for the Project. No additional matching funds are required by this Change Order. District 1 (AH)

 

2.         Staff recommends motion to receive and file: Task Assignment Number IP6 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) providing for aquatic vegetation control services for water bodies within Palm Beach County and a cost reimbursement of $50,000 for a term beginning upon execution to June 30, 2018.  SUMMARY: On April 17, 2012, the Board of County Commissioners approved FWC Contract No. FWC11357 (R2012-0573) for aquatic vegetation control services in Lakes Clarke, Ida, Osborne, and Pine.  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)

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

3.         Staff recommends motion to:

 

A)  approve Amendment Number Two (Amendment) to Joint Partnership Agreement, Contract No. ARR-96, with the Florida Department of Transportation (FDOT) in the amount not to exceed $135,000, providing for reimbursement of staff time and construction costs for the SR80/Southern Boulevard Bridge Mitigation Project expiring on June 30, 2018; 

 

B)  adopt Resolution to authorize entering into this Amendment as a requirement of FDOT;

 

C)  approve budget amendment of $135,000 in the Environmental Enhancement Fund to recognize the additional revenues from the Agreement and a transfer of $265,000 from Southern Boulevard Project to Snook Islands; and

 

D) authorize County Administrator, or designee, to sign all future time extensions, task assignments, certifications and other documents associated with this Amendment and any necessary minor amendments to those documents that do not significantly change the scope of work or terms and conditions.

 

SUMMARY:  The Amendment provides for reimbursement funding to create 0.57 acres of mangrove mitigation credits and 0.63 acres of seagrass mitigation credits located within the FDOT Snook Island/Bryant Park Wetland Mitigation area. The Amendment also increases the funding provided by FDOT to reflect the change of scope of work needed.  FDOT will now fund up to $400,000 in construction and staff project management costs. There is no cost to the County.  District 3 (AH)

 

4.         Staff recommends motion to adopt: Resolution requesting that the Florida Department of Environmental Protection (FDEP) review funding applications and support funding for Palm Beach County’s shoreline restoration projects within FDEP’s Fiscal Year 2018/2019 Beach Management Funding Assistance Program.  SUMMARY: The County is requesting the FDEP appropriate $22,100,502 for eight shoreline restoration projects in Fiscal Year 2018/2019.  If the State Legislature approves funding for all of the projects, the County’s matching share would be $19,732,284.  $825,000 is requested for the Coral Cove Park Dune Restoration Project, $7,200,000 for Segment 1 of the North County Comprehensive Shore Protection Project (NCCSPP), $83,293 for Segment 2 of the NCCSPP, $7,337,500 for Segment 3 of the NCCSPP, $647,109 for the Singer Island Shore Protection Project, $5,625,000 for the Southern Palm Beach Island Comprehensive Shore Stabilization Project, $180,000 for the South Lake Worth Management Plan, and $202,600 for the Ocean Ridge Shore Protection Project.  Districts 1, 4 & 7 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to:

 

A)  ratify signature of the Mayor on a Florida Department of State, Division of Historic Resource, Special Category grant in the amount of $200,000 for the restoration of the DuBois Park Pineapple Packing House;

 

B)  authorize County Administrator, or designee, to execute the grant agreement and future time extensions, task assignments, certifications, standard forms, or amendments to the Agreement that do not change the terms and conditions of the Agreement, if the grant is approved;  and

 

C)  authorize Director of the Parks and Recreation Department to serve as Liaison Agent with the Florida Department of State. If awarded, the grant period should run from July 1, 2018, until June 30, 2020. 

SUMMARY:  On June 13, 2017, the Parks and Recreation Department submitted an electronic Florida Department of State, Division of Historic Resources, Special Category grant, requesting $200,000 to be used towards the renovation of the DuBois Park Pineapple Packing House. If awarded, the grant requires a Restrictive Covenant be recorded in public records, requiring the County not to undertake modifications to the property (other than routine repairs and maintenance) for a period of 10 years without review and approval of plans and specification by the Division of Historic Resources. The grant period should run from July 1, 2018, until June 30, 2020. The grant request is $200,000, and requires a $200,000 (50%) match, which will be funded from Zone 1 Park Impact Fees. District 1 (AH)

2.         Staff recommends motion to approve: Third Amendment to Interlocal Agreement with the Town of Mangonia Park in an amount not-to-exceed $50,000 for funding for construction of improvements to the Town’s Community Center to extend the project completion date from February 12, 2017 to December 12, 2017. SUMMARY:  This Third Amendment to Interlocal Agreement R2013-1038, as amended by R2015-0896 and R2016-1605, provides for a ten month extension to the project completion date from February 12, 2017 to December 12, 2017.  This Amendment to the Interlocal Agreement was requested by the Town of Mangonia Park to allow them additional time to complete the project.  All other terms of the Agreement, including the funding amount of $50,000, remain the same. Funding is from the 2003, $25 Million GO and 2005, $25 Million GO Parks & Cultural Facilities Bonds. District 7 (PK)

3.         Staff recommends motion to:

 

A)  approve Interlocal Agreement between Palm Beach County and the Jupiter Inlet District (JID) for cost-sharing and construction of an improved pedestrian pathway at Jupiter Beach Park; and

B)  approve budget amendment of $50,000 within the Park Improvement Fund to establish budget for approved JID project.  The total project cost is $100,000 and JID will reimburse the County fifty percent of the project cost ($50,000).  This project runs from August 15, 2017 through August 14, 2018.

SUMMARY:  In 1970, the County entered into a Lease Agreement with the Jupiter Inlet District for 2.97 acres of land located along the eastern portion of the Jupiter Inlet for inclusion into Jupiter Beach Park.  The County has constructed a series of ADA compliant pathways within Jupiter Beach and DuBois Parks to provide a unified improved pathway system throughout both parks.  The current grant funded pathway project ends at the western boundary of JID’s property.  The County and JID desire to extend the pathway approximately 605 linear feet eastward to connect the existing pathway to the jetty boardwalk located adjacent to the Inlet.  This Interlocal Agreement grants the County the authority to construct the pathway on JID property, with JID contributing fifty percent towards the project cost.  The County’s portion of the project will be paid using ADA funds.  This project runs from August 15, 2017 through August 14, 2018. District 1 (AH)


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

4.         Staff recommends motion to approve: budget transfer of $75,000 within Park Impact Fees Zone 2 from Reserves to the Okeeheelee Park South Development Phase III project. SUMMARY: This budget transfer will provide the necessary funding for additional South Florida Water Management District and Army Corps of Engineers permitting and regulatory compliance required for the phased development of the park. Funding for this budget transfer is from the Park Impact Fees Zone 2 reserves. District 2 (AH)    

 

5.         Staff recommends motion to receive and file:  the following original executed Entertainment Contractor Agreement:

Tropics Entertainment Inc., Tenth Annual July 4th Celebration, Sunset Cove Amphitheater, on July 4, 2017.

SUMMARY:  The Parks and Recreation Department produces cultural activities to promote the quality of life in the communities it serves.  The July 4th Celebration was attended by an estimated 7,000 people and generated positive support and goodwill for the County.  In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  This Entertainment Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010-0644 and 2014-0168, and is now being submitted to the Board to receive and file. District 5 (AH)

6.       Staff recommends motion to:

 

A)  execute State of Florida, Division of Historical Resources Small Matching Historic Preservation Grant contract for $48,000;

B)  authorize County Administrator, or designee, to execute the funding agreement, as well as task assignments, certifications, standard forms, or amendments to the agreement that do not change the terms and conditions of the agreement;

C)  authorize Director of the Parks and Recreation Department to serve as Liaison Agent with the Florida Department of State for this project; and

D) approve budget amendment of $48,000 within the Park Improvement Fund to establish budget for the approved grant. This grant agreement runs from July 1, 2017 through June 30, 2018.

SUMMARY:  The Parks and Recreation Department submitted an electronic Small Matching grant application to the Department of State on April 28, 2016.  The County is a Certified Local Government in good standing, therefore no matching funds were required for this grant application.  The grant funding will be used to hire a consultant to prepare a DuBois Park Historic Preservation Plan.  Establishing a budget for this project prior to final execution of the grant contract, will allow the County to move forward with an RFP in order to meet the grant’s tight timelines.  This plan when completed, will serve as a guide for future restoration and expansion projects within the park.  This agreement began on July 1, 2017, and shall end on June 30, 2018, unless a time extension is requested and approved by the State.  This agreement is being retroactively approved as the Department was just notified by the State of the grant award on June 27, 2017. District 1 (AH)

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

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

A)  Blackwood Productions, LLC, Slightly Stoopid Concert, Sunset Cove Amphitheater, on June 24, 2017;

B)  Blackwood Productions, LLC, Tenth Annual July 4th Celebration, Sunset Cove Amphitheater, on July 4, 2017;

C)  Blackwood Productions, LLC, Rebelution Concert, Sunset Cove Amphitheater, on July 29, 2017; and

D)  Blackwood Productions, LLC, 311 Concert, Sunset Cove Amphitheater, on August 1, 2017.

SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  The attached Sound and Light Production Services Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the Director of the Parks and Recreation Department and is now being submitted to the Board to receive and file. District 5 (AH)

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to approve: extension of the Share Our Strength Cooking Matters at the Store grant for the period of June 1, 2017 through November 30, 2017 to support the implementation and/or growth of Cooking Matters at the Store tours for low-income adults. SUMMARY:  The University of Florida/IFAS Palm Beach County Extension applied for, and was awarded, a $4,000 grant for the Share Our Strength Cooking Matters at the Store.  On August 16, 2016, the Board of County Commissioners approved the grant application and award.  This extension will allow for the expenditure of unused grant funds.  The grant does not require a County match. District 7 (AH)

 

2.         Staff recommends motion to approve:  Agreement with Palm Beach Soil and Water Conservation District in an amount not to exceed $79,000 to provide soil and water resource conservation services for FY 2018. SUMMARY:  This Agreement provides funding for Palm Beach Soil and Water Conservation District’s (District) Resource Conservation Activities. The District provides resource conservation services to rural, agricultural, and urban communities to facilitate soil and water conservation in Palm Beach County.  Services include agricultural technical assistance, Best Management Practices implementation assistance and education to conserve water through irrigation, improve water quality and quantity in Palm Beach County.  Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to approve:  Interlocal Agreement for Funding of First Responder Training with the Town of Lake Clarke Shores (Town) in an amount not to exceed $10,000 annually for training and certification of its first responder personnel as Emergency Medical Technicians (EMTs) effective October 1, 2017 through September 30, 2027.  SUMMARY:  Palm Beach County Fire Rescue (PBCFR) provides fire protection and emergency medical services to the Town through the Fire Rescue Municipal Service Taxing Unit. The Town’s police department is a first responder agency which provides first response medical aid at emergency scenes within the Town. On February 24, 2004, the Board of County Commissioners approved an agreement (R2004-0365) to provide the Town annual funding of $10,000 for EMT training and certification for their first response personnel. That agreement expired October 1, 2010, and a subsequent retroactive agreement (R2011-0773) was approved on May 11, 2011. This current agreement will expire on September 30, 2017. The proposed agreement is for a ten-year period. Countywide (SB)

 

2.         Staff recommends motion to authorize:  Mayor to execute Certificate to Non-Ad Valorem Assessment Roll (DR-408A) forms certifying the non-ad valorem assessment roll for the Municipal Service Benefit Unit (MSBU) for Fire Hydrant Maintenance and Rental‑Riviera Beach and the non-ad valorem assessment roll for the MSBU for Fire Hydrant Maintenance and Rental-Boca Raton.  SUMMARY:  MSBUs for fire hydrant maintenance and rental for Riviera Beach and Boca Raton were established in February of 1993, as set out in Chapter 26, Article III of the Palm Beach County Code. The current rates as established by resolutions are $52.86 per parcel for Riviera Beach (R98-1023) and $23 per parcel for Boca Raton (R2008-0239). Every year the assessment roll must be certified by the Mayor of the Board, and the State Department of Revenue form DR-408A must be signed by the Mayor for each MSBU. These forms and the tape of the assessment rolls must be submitted to the Tax Collector no later than September 15 of each year. Districts 4, 5 & 7 (SB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve budget transfer of $1,468,000 within the Fire Rescue MSTU (Fund 1300) to establish funding in the Fire Rescue Improvement Fund (Fund 3700) for Fire Station 19 repair and renovation;

 

B) approve budget amendment of $1,468,000 in the Fire Rescue Capital Improvement Fund (Fund 3700) to recognize the revenue from the Fire Rescue MSTU (Fund 1300) and to establish budget to fund the Fire Station 19 repair and renovation; and

 

C) delegate to the County Administrator or designee (Director of Facilities Development and Operations) the authority to execute on the Board’s behalf a Guaranteed Maximum Price Amendment (GMP) to the contract with Trillium Construction Inc., (R2016-0764), in a form substantially similar to the attached GMP and in an amount not-to-exceed $1,290,000, for the repair and renovation of Fire Station 19.

 

SUMMARY:  On June 8, 2017, a non-County vehicle struck and broke the 4” backflow device located in the front of Fire Station 19. The broken backflow device discharged large amounts of water onto the fire station’s roof and water intrusion flooded and destroyed the entire crew side of the building. Temporary housing arrangements for staff have been made until the necessary repairs/renovations are completed. Trillium Construction Inc. is under contract with the County to provide construction management services for various projects under a continuing services agreement. The construction documents for the repair and renovation of Fire Station 19 are nearing completion, and Trillium Construction Inc. will begin the competitive bidding process required by the Contract immediately thereafter. In order to ensure the project can begin as soon as possible, staff is requesting the Board authorize the County Administrator or designee to approve the Amendment with Trillium Construction Inc. upon receiving and evaluating the subcontractor bids for the work. Due to the extent of the building’s damage and required construction efforts, the roof will also be replaced as part of this project. The roof is currently 19 years old with a useful life expectancy of 20 years. The planned replacement of the roof and select upgrades to the bunk area and Captains quarters are going to be accomplished at the same time in order to avoid disrupting station operations a second time. The estimated total project cost is $1,468,000 ($1,290,000 for construction costs and $178,000 for architect’s fee, staff charges, replacement of equipment, furnishings, etc., and other miscellaneous costs). This budget transfer and budget amendment will fund the necessary repair and renovation to Fire Station 19. Funding for this project is from the Fire Rescue MSTU contingency; however, an insurance claim is being processed by Risk Management. Any insurance proceeds received will be returned to the Fire Rescue MSTU (Fund 1300). District 1 (SB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE (Cont’d)

 

4.         Staff recommends motion to approve:  Interlocal Agreement Relating to Use of Board Facilities and Transfer of a Fire Engine with the School Board of Palm Beach County (SBPBC) to convey and transfer the title of a reserve fleet vehicle (Asset 10136337) to the SBPBC in exchange for the use of Wellington High School valued at $33,500, contingent upon receipt of a duly executed Acceptance of Fire Rescue Vehicle(s) and/or Equipment form.  SUMMARY:  Wellington Community High School has requested that Palm Beach County Fire Rescue (PBCFR) donate a fire engine to be used for training purposes within their Fire Academy. PBCFR has identified a 2001 reserve fleet fire engine that has reached the end of its professional usefulness. This Agreement will transfer this engine to the SBPBC in exchange for providing PBCFR with a credit of $33,500 (value of the fire engine) to be used in lieu of payments for fees charged by the SBPBC for the use of the campus and buildings at Wellington High School. PBCFR uses will include recruiting, testing, training and graduation/promotion ceremonial purposes. This agreement is for a period of ten years commencing on the date of its execution by both parties, or until the exhaustion of the $33,500 credit, whichever comes first. The SBPBC’s non-discrimination policy is consistent with the County’s policy with minor discrepancies. The SBPBC’s policy does not specifically include ancestry; familial status; or genetic information; however, it does specifically include ethnicity and national origin; parental status; and any other characteristics protected by law, such as genetic information. Countywide (SB)

 

5.         Staff recommends motion to approve: write-off of uncollectible emergency transport patient accounts to remove these amounts from the County’s general ledger for the following period:

 

October 1, 2012 through September 30, 2013 (FY 2013)                   $11,879,423.30

 

SUMMARY:  In December 1994, the Board authorized Fire Rescue to transport critically ill/injured patients and bill for those services. The County contracts with a private company for these billings and collections services. The County receives payment from a number of sources, including commercial insurance, Medicare, Medicaid, and private individuals. During the period October 1, 2012 to September 30, 2013, Fire Rescue generated $38,125,653.90 in gross transport billings and collected (to-date) $18,844,029.35. After adjustments of $7,402,201.25, required under the guidelines of the Medicare/Medicaid programs, the balance of $11,879,423.30 is currently deemed to be uncollectible. This balance is primarily due to partial payments, insurance denial based on medical necessity, the inability to obtain accurate patient and/or insurance information, and patients without medical coverage or high deductibles. Staff recommends the amount deemed uncollectible be written-off the County’s financial accounting system. Countywide (SB)

 

 

T.        HEALTH DEPARTMENT 

 

1.         Staff recommends motion to approve: transfer and donation with the title transfer of surplus dental assets to the Health Care District of Palm Beach County (102 assets) and to the Diocese of Palm Beach County, Inc. (9 assets). SUMMARY:  The Florida Department of Health Palm Beach County (FHPBC) is requesting approval to transfer and donate fixed assets as a result of closing certain dental clinics. Fixed Assets requires Board of County Commission approval to remove these assets from the FHPBC fixed asset inventory. The acquisition cost of these items was $406,561.11 and the depreciated value of these items totals $84,188.19 in accordance with values based on “ American Hospital Association – Estimated Useful Lives of Depreciable Hospital Assets” book. Countywide (HH)

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

T.        HEALTH DEPARTMENT (Cont’d)

 

2.         Staff recommends motion to adopt: Resolution of the Board of County Commissioners of Palm Beach County, Florida, adopting the FY 2017/2018 budget for the Air Pollution Control Program. SUMMARY:  This Resolution is required by the August 21, 1984, Agreement between the Board of County Commissioners and the Department of Health Palm Beach County (DOHPBC) to establish the annual budget for the expenditure of fees deposited into the Air Pollution Control Trust Fund.  This Program is solely supported by motor vehicle license registration fees.  The proposed FY 2017/2018 budget for the Air Pollution Control Program from this funding source is $1,140,387, which is a 3.42% increase from the current year budget. The increase in budget is primarily due to the capital expenses and replacing the old air monitoring equipment. This budget can be accommodated by future revenues and a surplus in the Air Pollution Control Trust Fund. Countywide (HH)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to approve:  AT&T Managed Internet Service Pricing Schedule as an attachment to the existing AT&T Master Agreement, R2009-1055 for procurement of high-speed, high-capacity internet services from AT&T at an annual cost of $78,384.  SUMMARY The AT&T Managed Internet Service Pricing Schedule will permit the County to add circuits and services that will upgrade AT&T’s existing backup internet connection located at the Emergency Operations Center. This connection serves as a backup for the County’s internet service in the event of a catastrophic failure of our primary internet service via Florida Lambda Rail (FLR), or a failure of network transport to our FLR point-of-presence connection. This pricing schedule will be appended to the existing AT&T Master Agreement, #133405UA, approved by the Board of County Commissioners on June 30, 2009, R2009-1055.  Countywide (PFK)

 

2.         Staff recommends motion to approve: Agreement amending the Sub-Rider D7 Statement of Work, AT&T Equipment Resale and Related Services Pricing Schedule (R2016-0454) with AT&T Corporation to extend the term of the Sub-Rider for three additional months beginning August 2, 2017 and ending on November 1, 2017 for a total cost of $39,999.   SUMMARY:  Since the early 1990’s, the Meridian phone system has provided phone service to the Governmental Center and the Judicial Center complex in West Palm Beach.  This system was scheduled to be replaced prior to August 1, 2017, as part of the final phase of the Unified Communication System Project; however, the 36-month project schedule has been extended by three months requiring an extension of the maintenance agreement for the Meridian system.  Accordingly, ISS has requested a three month extension in the term of the Sub-Rider D7 Statement of Work, AT&T Equipment Resale and Related Services Pricing Schedule (R2016-0454).  AT&T granted the extension from August 2, 2017 to November 1, 2017 with the same terms and conditions as the original Sub-Rider, at a total cost of $39,999.  If the County does not require these maintenance services for the entire three month period, the County may cancel the services with no penalty upon at least 30-day notice. Countywide (PFK) (ISS)

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to:

 

A)  receive and file Standard Contract COHO3 with the State of Florida, Department of Health, for the period of July 1, 2017 through June 30, 2020, to receive appropriation funding from the Florida Legislature in the amount of $846,117 for sexual assault services to primary and secondary victims of sexual assault; and

 

B)  approve  budget amendment of $846,117 in the Public Safety Grants Fund to recognize the contract award from the State of Florida, Department of Health.

 

Summary:  The Division of Victim Services received a legislative appropriation for the continuation of advocacy, therapy, and forensic exam services to victims of sexual assault.  Funding is used for rent expenses of the Butterfly House, the forensic exam facility, and personnel to include two Victim Advocates, one Licensed Therapist, and one Sexual Assault Nurse Examiner (SANE) Coordinator.  The Victim Advocates provide individual supportive counseling, crisis intervention, legal advocacy, accompaniment, information and referral, and other advocacy services.  The Licensed Therapist conducts individual and group therapy sessions to assist victims to cope with trauma.  The SANE Coordinator ensures 24-hour response coverage, documents and collects forensic evidence, conducts forensic rape examinations, assesses patients for medical treatment, and prepares for offender prosecution. This legislative appropriation aims to enhance services historically available to victims of sexual assault.  R2011-1223 authorized the County Administrator, or designee, to execute contracts and amendments utilizing funding from the State of Florida, Department of Health on behalf of the Board of County Commissioners.  No County matching funds are required. Countywide (LDC)

 

2.         Staff recommends motion to:

 

A)  accept Urban Area Security Initiative GY 2016 – Award Letter;

 

B)  receive and file Memorandum of Agreement Urban Area Security Initiative (UASI) FY 2016 agreement number 17-DS-V9-11-23-02-346 with the City of Miami to receive $149,547.47 in reimbursable grant funding for the period May 29, 2017 through June 30, 2018; and

 

C)  approve budget amendment of $149,548 in the Urban Areas Security Initiative Grant Fund to recognize the grant award.

 

Summary:  This agreement provides a means of funding various domestic security activities within the County using Federal UASI funds through the City of Miami as the UASI’s fiscal agent.  The UASI awarded $149,547.47 to the County, which will be used to fund jurisdictional fire, health, emergency management and other approved anti-terrorism activities. On May 21, 2013, the County Administrator, or designee, was authorized to execute all UASI sub-grant contracts on behalf of the Board of County Commissioners, for the UASI Grant Program in any given year (R2013-0622).  No County matching funds are required. Countywide (LDC)

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.     PALM TRAN

 

1.         Staff recommends motion to approve: two year Agreement with the Lakes of Delray, Inc. for the provision of transportation services on Palm Tran fixed routes 70 and 81 effective February 1, 2017, in the amount of $224,716.80. SUMMARY:  Lakes of Delray, Inc. has contracted with Palm Tran for bus service for its residents since the inception of the Lakes of Delray development in 1982.  Palm Tran fixed routes 70 and 81 serve the Lakes of Delray Community as these routes traverse east and west on major arterials serving Delray Beach with connecting service to the entire Palm Tran bus network.  After a review of the service level cost to operate the deviate for routes 70 and 81 that serve the Lakes of Delray Community, the cost is relatively the same as the prior agreement.  As such, negotiated rates are the same as the previous agreement, $112,358.40 per year. The Lakes of Delray residents are responsible for paying transfer fares should they transfer from routes 70 or 81 to another Palm Tran route.  This Agreement is for the period of February 1, 2017 through January 31, 2019. District 5 (DR)

 

2.         Staff recommends motion to approve:  Interlocal Agreement with the Village of Wellington for paratransit transportation services in the amount of $56,439.88 for FY 2018 and $56,439.88 for FY 2019 services. SUMMARY:  On September 22, 2015, the Board of County Commissioners approved an Agreement (R2015-1329) with the Village of Wellington extending a partnership that has been in place since 2003 to provide paratransit services to residents who are outside of the American with Disabilities Act (ADA) core service area. The County, for reasons of efficiency and economies of service, redefined the ADA core service area in FY 2003, eliminating a portion of the ADA core area in the Village of Wellington. The original partnership (R2003-2073) was formed after the County redefined the ADA core service area to exclude the Village of Wellington.  Currently, Palm Tran provides an average of 1,410 trips per month to Village of Wellington residents. District 6 (DR)

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file:  contracts for Professional Services with the following Doctoral Psychology Interns to complete a required 2000-hour internship that will provide the interns training and experience in family and youth counseling for the period of August 7, 2017 through August 3, 2018:

 

A) Shannon Tran in the amount of $24,200; and

 

B) Ashley Wilkins in the amount of $24,200.

 

SUMMARY: The Youth Services Department’s Residential Treatment and Family Counseling Division (Division) is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, etc.  Doctoral programs require internships in order to meet degree and licensing requirements.  The Division is offering its program as a location to obtain this training.  The cost savings involved with this internship program are financially beneficial to the County.  Each intern, at a minimum, is assigned and completes the workload equivalent to a Family Therapist.  The hourly rate of a Family Therapist is $21.15 versus the hourly intern rate of $11.85.  Additionally, each intern shall receive a $500 stipend for health insurance, of which approximately two-thirds will be funded by an American Psychological Association grant awarded to the County on October 1, 2015 (R2015-1851).  On September 11, 2012, Agenda Item 3X-3 authorized the County Administrator, or designee, to execute future doctoral psychology intern contracts on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (HH)

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

BB.     YOUTH SERVICES (Cont’d)

 

2.         Staff recommends motion to receive and file:  contract for Professional Services with Melissa Singh, a Postdoctoral Psychology Resident, to complete a requirement of 2,000 hours of clinical work that will provide training and experience in family and youth counseling, in the amount of $33,980, for the period August 7, 2017 through August 3, 2018. SUMMARY:  The Youth Services Department’s Residential Treatment and Family Counseling Division (Division) is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, and other related fields.  Postdoctoral programs require 2,000 hours of supervised services in order to meet state licensing requirements.  The Division is offering its program as a location to obtain this training.  The cost savings involved with this residency program is financially beneficial to the County.  The resident, at a minimum, is assigned and completes the workload equivalent to a Licensed Family Therapist.  The hourly rate of a Licensed Family Therapist is $23.81 versus the hourly resident rate of $16.74. Additionally, the resident will receive a $500 stipend for health insurance.  On October 3, 2006, Agenda Item 3X-2 authorized the County Administrator, or designee, to execute future postdoctoral psychology resident contracts on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (HH)

 

3.         Staff recommends motion to approve: five amendments to Contracts for Community Based Agencies with the following agencies, renewing each Contract for the first renewal period of October 1, 2017 through September 30, 2018, totaling $566,404:

 

A) First Amendment with ASPIRA of Florida, Inc., (R2016-1201), increasing the Contract by $132,613 for the Youth Violence Prevention and Leadership Program;

 

B)  Second Amendment with Communities in Schools of Palm Beach County, Inc. (R2016-1202), increasing the Contract by $73,858 for the Charting for Success Program;

 

C) First Amendment with Gulfstream Goodwill Industries, Inc. (R2016-1203), increasing the Contract by $131,294 for the Alternative to Secure Detention Program;

 

D)  First Amendment with City of Pahokee (R2016-1204), increasing the Contract by $139,364 for the Fresh Start Program; and

 

E) First Amendment with Urban Youth Impact, Inc. (R2016-1205), increasing the Contract by $89,275 for The Leadership Afterschool Program.

 

SUMMARY:  On September 13, 2016, the Board of County Commissioners approved Contracts for Community Based Agencies with the above five agencies. These agencies offer a variety of services to youth to enhance leadership skills and prevent interaction or further interaction with the juvenile justice system. Each Contract included two one-year renewal options at the County’s sole discretion. These amendments represent the first renewal to each Contract, and include a 3% increase in funding from FY 2017, consistent with the increases for the Financially Assisted Agencies for FY 2018. Funding for these amendments are included in the FY 2018 proposed budget. Countywide (HH)

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

BB.     YOUTH SERVICES (Cont’d)

 

4.         Staff recommends motion to approve:

 

A) Amendment #0001 to the Inter-Agency Agreement with the Florida Department of Children and Families (DCF) (R2016-1826) (Amendment), effective the date on which the Amendment has been signed by both parties, which revises the automatic renewals date and clarifies each party’s reporting/evaluation requirements; and

 

B) Community Based Agency Contract with The Children’s Home Society of Florida (CHS) (Contract) from October 1, 2017 through June 30, 2019, in the amount of $75,000 to provide Adoption Assistance services to eligible Title IV-E residents.

 

SUMMARY:   In December 2016, the Board approved agreements with DCF and CHS to offer support services designed to encourage more adoptions out of the foster care/dependency system and assist children in their transition into a successful and lifelong adoptive setting, while allowing the County to request a portion for reimbursement from DCF. DCF receives federal funding and calculates reimbursement to the County using the Florida Safe Families Network (FSFN) Title IV-E Adoption Client Eligibility Rate for the month of service, after which a 50% reimbursement rate is applied. The estimated revenue of $27,000 over the term of this Contract will offset the contract expense.  The net fiscal impact will be funded by proposed ad valorem (Headstart Match reallocation).  This new Contract with CHS will also continue the pre- and post-adoption services and align the term to match DCF’s fiscal year and includes one one-year renewal option at the County’s discretion.  This Amendment with DCF revises the time frame for automatic renewals, from October 1st to July 1st, and clarifies performance and reporting specifications for each party. Countywide (HH)

 

 

CC.     INTERNAL AUDITOR

 

        1.         Staff recommends motion to receive and file:

 

A) Audit reports reviewed by the Audit Committee at its June 21, 2017 meeting as follows:

 

1. 17-05 Planning, Zoning & Building – Code Enforcement Division Customer Services Processes

2. 17-06 Library – Customer Services Processes

 

B) Audit recommendation status follow-up report as of March 31, 2017 reviewed by the Audit Committee at its June 21, 2017 meeting.

 

SUMMARY: Ordinance 2012-011 requires the Internal Audit Committee to review audit reports prior to issuance. Ordinance 2012-012 requires the County Internal Auditor to send those reports to the Board of County Commissioners. At its meeting on June 21, 2017, the Committee reviewed and authorized distribution of the audit reports, as well as the Audit Recommendation Status Follow-up Report as of March 31, 2017. We are submitting these reports to the Board of County Commissioners as required by the Ordinance. Countywide (PFK)

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

            DD.     SHERIFF

 

                        1.         Staff recommends motion to approve: budget transfer of $183,000 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency shall use Forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. F.S. 932.7055(5) also requires that no less than 25% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2017 estimated donation requirement is $293,779. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The year-to-date transfer for all donations to outside organizations after approval of this item is $1,136,220. The funds requested are to aid PBSO and qualified organizations that meet the requirements set forth in F.S. 932.7055. Use of LETF requires approval by the Board of County Commissioners, upon request of the Sheriff. The current State LETF balance is $1,684,130. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $1,501,130.  The PBSO certifies that the use of these funds is in accordance with F.S. 932.7055.  Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective organization or agency.  No new positions are needed and no additional County funds are required.  Countywide (LDC)

 

ORGANIZATION

AMOUNT

Center For Child Counseling, Inc.

$5,000

Child Rescue Coalition, Inc.

$20,000

Clinics Can Help, Inc.

$18,000

Crime Stoppers of Palm Beach County, Inc.

$25,000

Girls Scouts of Southeast Florida, Inc.

$10,000

HACER Ministry Corp

$20,000

Hanley Center Foundation, Inc.

$5,000

KidSanctuary Campus, Inc.

$10,000

Mental Health Association of Palm Beach County, Inc.

$10,000

National Center for Missing and Exploited Children, Inc.

$10,000

Palm Beach County Sheriff's Foundation, Inc.  (Explorers Program)                        

$25,000

West Palm Beach Library Foundation, Inc.

$25,000

 

 

Total Amount

$183,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.         Staff recommends motion to:

 

A) receive and file Grant Modification 1, dated June 19, 2017, with the Office of National Drug Control Policy to provide an additional $67,331 in grant funds for the Palm Beach County Narcotics Task Force; and

 

B) approve budget amendment of $67,331 in the Sheriff’s Grant Fund.

 

SUMMARY: The Board of County Commissioners (BCC) accepted this grant award for $90,354 on March 14, 2017(R2017-0355). Grant Modification 1 will provide an additional $67,331 in reimbursable funding to support additional overtime expenses and equipment costs. There is no match requirement associated with this award.  Countywide (LDC)

 

 

 

 


AUGUST 15, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     SHERIFF (Cont’d)

 

3.         Staff recommends motion to receive and file: Grant Donation Modification to a Letter of Donation from the Palm Beach County Police Athletic League, Inc. to extend the period from December 22, 2017 to September 30, 2018. SUMMARY: On March 14, 2017, the Palm Beach County Board of County Commissioners accepted this donation for $44,000 (R-2017-MB/SA 6-0). The donation provides funding for the first year salary of a Recreation Specialist who will be assigned to the Westgate Community Center where PAL will be collaborating with Palm Beach County Parks and Recreation to provide recreational and educational programming at the Westgate Gymnasium. This agenda item will extend the award from December 22, 2017 through to September 30, 2018.  Countywide (LDC) (Sheriff)

 

 

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


AUGUST 15, 2017

 

 

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

 

A.        WESTGATE/BELVEDERE HOMES CRA

 

1.         Staff recommends motion to adopt: Resolution that amends the 2017 Westgate/Belvedere Homes CRA Community Redevelopment Plan. SUMMARY: Pursuant to BCC Ordinance No. 89-11 and F.S. 163.361, the Westgate/Belvedere Homes Community Redevelopment Agency (Westgate CRA) is required to have Board of County Commissioners (BCC) approval to update and amend the Westgate CRA Community Redevelopment Plan adopted by the BCC on January 11, 2005, via Resolution No. 2005-0128. Certain projects, programs, undertakings, and actions contemplated in the 2005 Plan are being implemented and will be continued in the amended version. The provisions of the amended Plan will serve as a guide for redevelopment within the designated boundaries of the Westgate/Belvedere Homes community redevelopment area. The 2017 Amended Plan focuses on six important areas: Economic Development and Redevelopment, Market Positioning, Housing, Community Improvement, Infrastructure and Public Space Improvements, and Planning for Redevelopment. In this Plan, the CRA has shifted from a focus on infrastructure improvements to economic growth and vertical redevelopment. The Plan provides a framework to develop programs and strategies to incentivize development and investment in an effort to increase the tax base and revitalize the area. All focus areas complement economic development priorities. In order for new businesses to be successful, the CRA must become a special destination by facilitating the construction of mixed-use mixed-income workforce housing that prevents gentrification while enhancing the buying power of the area, by creating open space, by partnering to prevent crime, through beautifying existing amenities, and careful market positioning. The CRA met with several county staff individually and hosted three public outreach meetings and presentations in an effort to gather input and support. At the April 25, 2017 workshop, the Amended Plan was presented to the Board of County Commissioners and no changes were recommended. The Local Planning Agency (LPA) reviewed the Amended Plan at their regular meeting on May 12, 2017, and determined that it is consistent with the policies and objectives set forth by the Comprehensive Plan. No changes to the content of the proposed Amended Plan were recommended by the LPA. The Westgate/Belvedere Homes CRA Board approved the final draft of the Amended Plan at their June 12, 2017 regular meeting. Districts 2 & 7 (RPB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

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

 

B.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: Resolution to abandon any public interest in all those certain tracts and easements created by and lying within the plat of Appolonia Farms P.U.D. Plat One, as recorded in Plat Book 111, Pages 41 through 45, and to vacate all of the plat of Appolonia Farms P.U.D. Plat One, as recorded in Plat Book 111, Pages 41 through 45, Public Records of Palm Beach County, Florida.  SUMMARY: Adoption of this resolution will eliminate the public dedications that are in conflict with future redevelopment plans for the Boca Raton Associates VIII, LLLP (Owner) property. The petition site is located two miles south of Atlantic Avenue and one-half mile north of Clint Moore Road, on the east side of Lyons Road and on the west side of Florida’s Turnpike. As provided in Palm Beach County Code Chapter 22. Article III, Road Abandonment and Plat Vacation (Ordinance 2002-034), there is no privilege fee because the filing fee exceeds the value of the right-of-way abandoned. District 5 (LBH)

 

2.         Staff recommends motion to adopt: Resolution denying the abandonment of any portion of the 60 foot wide right-of-way (ROW) for Balboa Lane, as recorded in the plat of Boca Del Mar No. 2, Plat Book 30, Page 80, Public Records of Palm Beach County, Florida; or in the alternative

 

            A)  approve utility easement deed for the City of Boca Raton (City) for a portion of Balboa Lane; and

 

            B)  adopt Resolution to abandon all of the 60 foot wide right-of-way (ROW) for Balboa Lane, as recorded in the plat of Boca Del Mar No. 2, Plat Book 30, Page 80, Public Records of Palm Beach County, Florida.

 

SUMMARY: Adoption of the staff recommendation will deny the request by Penn Florida Club Properties, LLC (Club) to abandon the ROW. This application was scheduled for the July 11, 2017 Board of County Commissioners (BCC) public hearing but was continued due to a withdrawal of a required party’s (Whitehall Condominium) consent to the application.  Since staff has not received the required consent from the abutting property owner, the application fails to meet the Palm Beach County Code Chapter 22. Article III, Road Abandonment and Plat Vacation (Ordinance 2002-034) requirement that “any petition for abandonment of right-of-way shall be signed by all owners of abutting property”, and is therefore subject to a recommendation of denial from staff.  If the BCC wishes to approve the Club’s request to abandon the ROW, which would allow the Club to pursue redevelopment of the Boca Del Mar Clubhouse at Mizner Golf and Country Club, the alternative motions should be approved and adopted. The ROW currently functions as a secondary driveway for access to the clubhouse, the Whitehall Condominium Property and the golf course maintenance facilities. However, this access to Whitehall had been physically blocked to prevent vehicular access. The ROW is located west of Military Trail, south of Palmetto Park Road, east of Powerline Road and north of Camino Real. If approved, the petition to abandon the ROW is subject to a privilege fee of $2,825.41. District 4 (LBH)

 

 

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AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

A.        ADMINISTRATION

 

1.         Staff requests Board direction regarding:  Adoption of a resolution of the Board of County Commissioners of Palm Beach County, Florida, amending Resolution No. R2017-0218, Section 4(B)(1), relating to personnel classifications and pay grades for County Commission Administrative Assistants and County Commission Secretaries, to become effective the first payroll period beginning after October 1, 2017.  SUMMARY: On September 10, 2013, the Board approved a change in pay policy for County Commission staff, which created a progression plan for Commission support staff and allowed all employees that held the position of County Commission Administrative Assistant to be eligible, at the discretion of the Commissioner, for a promotion to an E01 pay grade. On February 7, 2017, the Board directed staff to work with Commissioner Bernard to address salary concerns for commission staff. The proposed amended resolution would provide for an additional step in the Commission support staff progression plan, and an amended schedule for progression eligibility. On the effective date of the amended resolution, Commission staff would be eligible, at the discretion of the Commissioner, to be placed into whichever pay grade their tenure dictates, consistent with the resolution. Countywide (DO)

 

2.         Staff recommends motion to:

 

A) adopt Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving an interlocal agreement between Palm Beach County and Florida Resiliency and Energy District for a Property Assessed Clean Energy (PACE) Program; approving an indemnification agreement between Palm Beach County and Renovate America for the benefit of Palm Beach County; approving an indemnification agreement between Palm Beach County and Florida Development and Finance Corporation for the benefit of Palm Beach County; and authorizing the County Administrator, or designee, to execute these and subsequent agreements with administrators of Florida Resiliency and Energy District for the benefit of Palm Beach County, and exercise certain provisions in the agreements;

 

B) approve non-exclusive interlocal agreement with the Florida Resiliency and Energy District;

 

C) approve indemnification agreement with Renovate America Inc., as an administrator of Florida Resiliency and Energy District; and

 

D) approve indemnification agreement with Florida Development Finance Corporation, as an administrator of Florida Resiliency and Energy District.

 

SUMMARY: On April 4, 2017, the Board of County Commissioners adopted the PACE ordinance implementing a Countywide PACE program, that provides for both residential and commercial availability of the program, and participation in one or more established PACE programs. The Resolution and associated agreement provide for County participation in one of four separate PACE agencies/authorities/districts (PACE providers), indemnification from third party administrator related suits, and indicates the PACE provider meets the qualifications and addresses consumer protections addressed in the PACE Ordinance. Countywide (JB)

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to:

 

A) adopt Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving an interlocal agreement between Palm Beach County and Florida Green Finance Authority for a Property Assessed Clean Energy (PACE) Program; approving an indemnification agreement between Palm Beach County and Renew Financial Group LLC, for the benefit of Palm Beach County; and authorizing the County Administrator, or designee, to execute these and subsequent agreements with administrators of Florida Green Finance Authority for the benefit of Palm Beach County, and exercise certain provisions in the agreements;

 

B) approve non-exclusive party membership interlocal agreement with the Florida Green Finance Authority; and

 

C) approve indemnification agreement with Renew Financial Group LLC, as administrator of the Florida Green Financing Authority.

 

SUMMARY: On April 4, 2017, the Board of County Commissioners adopted the PACE ordinance implementing a Countywide PACE program, that provides for both residential and commercial availability of the program, and participation in one or more established PACE programs. The Resolution and associated agreements provide for County participation in one of four separate PACE agencies/authorities/districts (PACE providers), indemnification from third party administrator related suits, and indicates the PACE provider meets the qualifications and addresses consumer protections addressed in the PACE Ordinance. Countywide (JB)

 

4.         Staff recommends motion to:

 

A) adopt Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving an interlocal agreement between Palm Beach County and Florida PACE Funding Agency for a Property Assessed Clean Energy (PACE) Program; approving an indemnification agreement between Palm Beach County and CounterPointe Energy Solutions (FL) LLC for the benefit of Palm Beach County; and authorizing the County Administrator, or designee, to execute these and subsequent agreements with administrators of Florida PACE Funding Agency for the benefit of Palm Beach County, and exercise certain provisions in the agreements;

 

B) approve non-exclusive interlocal agreement relating to the funding and financing of qualifying improvements by the Florida PACE Funding Agency; and

 

C) approve indemnification agreement with CounterPoint Energy Solutions (FL), LLC, as administrator of the Florida PACE Funding Agency.

 

SUMMARY: On April 4, 2017, the Board of County Commissioners adopted the PACE ordinance implementing a Countywide PACE program, that provides for both residential and commercial availability of the program, and participation in one or more established PACE programs. The Resolution and associated agreements provide for County participation in one of four separate PACE agencies/authorities/districts (PACE providers), indemnification from third party administrator related suits, and indicates the PACE provider meets the qualifications and addresses consumer protections addressed in the PACE Ordinance. Countywide (JB)

 

 

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

A.        ADMINISTRATION (Cont’d)

 

5.         Staff recommends motion to:

 

A) adopt Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving an interlocal agreement between Palm Beach County and Green Corridor Property Assessment Clean Energy (PACE) District for a Property Assessed Clean Energy (PACE) Program; approving an indemnification agreement between Palm Beach County and Ygrene Energy Fund Florida LLC for the benefit of Palm Beach County; and authorizing the County Administrator, or designee, to execute these and subsequent agreements with administrators of Green Corridor Property Assessment Clean Energy (PACE) District for the benefit of Palm Beach County, and exercise certain provisions in the agreements;

 

B) approve non-exclusive interlocal agreement with the Green Corridor Property Assessment Clean Energy (PACE) District; and

 

C) approve indemnification agreement with Ygrene Energy Fund Florida LLC, as administrator of the Green Corridor Property Assessment Clean Energy (PACE) District.

 

SUMMARY: On April 4, 2017, the Board of County Commissioners adopted the PACE ordinance implementing a Countywide PACE program, that provides for both residential and commercial availability of the program, and participation in one or more established PACE programs. The Resolution and associated agreement provide for County participation in one of four separate PACE agencies/authorities/districts (PACE providers), indemnification from third party administrator related suits, and indicates the PACE provider meets the qualifications and addresses consumer protections addressed in the PACE Ordinance. Countywide (JB)

 

 

B.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends a motion to approve on preliminary reading and advertise for public hearing on September 12, 2017, at 9:30 a.m.: Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 7, Article IV, Section 7-52 of the Palm Beach County Code (Ordinance 2015-028), pertaining to the Palm Beach County Amendments to the Florida Building Code (FBC), 5th Edition (2014), Chapter 1, "Administration" (FBC-Building); amending Section 104.10.1 of the Palm Beach County Code (Flood Hazard Areas); Providing for Repeal of Laws in Conflict; Providing for Inclusion in the Code of Laws and Ordinances; Providing for a Savings Clause; Providing for Severability; and Providing for an Effective Date. SUMMARY:  A conflict has been identified between Section 104.10.1 of the Palm Beach County Amendments to the Florida Building Code, Chapter 1 (Chapter 1) and pending revisions to Article 18 of the Unified Land Development Code (ULDC), Flood Damage Prevention. These changes were recommended by the Florida Division of Emergency Management and required by the Federal Emergency Management Agency (FEMA) as part of the National Flood Insurance Program Flood Insurance Rate Map update process for Palm Beach County. Section 104.10.1 of Chapter 1 establishes criteria for granting a variance from the local floodplain management regulations. These criteria are not consistent with the conditions for granting a variance from the floodplain management requirements set forth in pending changes to Article 18 of the ULDC. This amendment is necessary to make Section 104.10.1 of Chapter 1 consistent with Article 18 of the ULDC as revised. Unincorporated (AH)

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

C.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to adopt: Resolution of the Board of County Commissioners of Palm Beach County, Florida; approving the issuance of not exceeding $13,200,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds (Heron Estates Senior Apartments) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 2-190, Palm Beach County Code of Ordinances; approving RBC Capital Markets, LLC, as the placement agent of said Bonds, within the meaning of Section 2-190, Palm Beach County Code of Ordinances; and providing an effective date. SUMMARY: On June 21, 2016, the Board of County Commissioners (BCC) adopted Resolution R2016-0825 in connection with the Heron Estates Senior Apartments project located at the SE corner of West 17th Street and North Congress Avenue, in Riviera Beach.  That Resolution approved the issuance of $12,000,000 in multifamily housing revenue bonds.  HTG Heron Estates Senior, LLC (Borrower) has advised the Housing Finance Authority of Palm Beach County (Authority) that it now desires to increase the not to exceed amount of the Bonds from $12,000,000 to $13,200,000 to be privately placed by RBC Capital Markets, thereby necessitating the adoption of this resolution. The Bonds will finance a portion of the costs of acquiring, constructing and equipping a 101-unit multifamily rental housing development which will be rented to persons and families at 60% of area median income for a period of 30 years.  The County is participating in the funding of this project through a loan of $115,000 in State Housing Initiatives Partnership Program funds which represent the local match under State Apartment Incentive Loan Program. The Co-Developers are the Housing Trust Group of Florida and the Riviera Beach Housing Authority.  Greenberg Traurig is Bond Counsel to the Authority with respect to the Bonds.  On June 30, 2017, the Authority held a public hearing with respect to the Bonds as required by Section 147(f) of the Internal Revenue Code.  The Bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower. Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, of interest on the Bonds. District 7 (PFK)

 

2.         Staff recommends motion to adopt: Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the issuance of Revenue Bonds in an amount not to exceed $25,000,000 by the Palm Beach County Health Facilities Authority (Bonds). SUMMARY: The proceeds of the Bonds will be loaned by the Palm Beach County Health Facilities Authority (Authority) to TrustBridge, Inc. (TrustBridge).  TrustBridge is the parent entity of Hospice of Palm Beach County, Inc. (HSPB) and Hospice by the Sea, Inc. (HBTS), and TrustBridge will use the proceeds to refinance debt incurred to pay the cost of capital expenditures to HSPB's and HBTS's hospice facilities located at 5300 East Avenue in West Palm Beach and at 1531 West Palmetto Park Road in Boca Raton, including the County's Variable Rate Demand Revenue Bonds, Series 2001 (Hospice of Palm Beach County, Inc. Project).  All financed assets will be owned and operated by TrustBridge, HSPB or HBTS.  Approval by an elected body is required by the Internal Revenue Code, however, adoption of this resolution does not in any way obligate the County.  Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bonds. Districts 4 & 7 (PFK)

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

C.        HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to approve: Community Development Block Grant (CDBG) funding to the following projects:

 

A) $585,000 for the construction of a pedestrian bridge, pool shade structures and ADA improvements at John Prince Park, 2728 Lake Worth Road in unincorporated Palm Beach County;

 

B) $140,000 for the installation of trails and landscaping at Foxtail Palm Park, Northeast corner of Park Lane and Kirk Road in Palm Springs;

 

C) $114,000 for the development of the Oswego Oaks Neighborhood Park on vacant land  located at Oswego Avenue and Seminole Boulevard in the Westgate/Belvedere Homes CRA in unincorporated Palm Beach County;

 

D) $42,000 for playground equipment replacement at Canal Point Community Center, 12860 U.S. Highway 441 in unincorporated Palm Beach County; and

 

E) $600,000 for sewer rehabilitation at the Pahokee Housing Authority’s Padgett Island and Fremd Village public housing complexes in unincorporated Palm Beach County.

 

SUMMARY: The Department of Housing and Economic Sustainability (DHES) has identified CDBG contingency funding in the amount of $1,481,000.  These funds are from the recapture of monies from various fiscal years from projects that were successfully completed under budget or projects which did not move forward. DHES is proposing that these funds be used to support five public facilities and improvement projects.  The improvements at John Prince Park will be implemented by the Parks and Recreation Department.  The improvements at Foxtail Palm Park will be implemented by the Village of Palm Springs.  The development of Oswego Oaks Neighborhood Park will be implemented by the Westgate/Belvedere Homes CRA.  The improvements at the Canal Point Community Center will be implemented by the Parks and Recreation Department.  The sewer rehabilitation at the Padgett Island and Fremd Village public housing complexes will be implemented by the Pahokee Housing Authority. These are Federal CDBG funds, which do not require a local match. Districts 3, 6 & 7 (JB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

C.        HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to approve: Economic Development Incentive Grant Agreement with Modernizing Medicine, Inc. (Company), to provide an ad valorem tax exemption in an amount not to exceed $576,400 over a nine year period. SUMMARY: On June 7, 2016, the Board of County Commissioners (BCC) conceptually approved (R2016-0718) an Economic Development Incentive for the Company totaling $576,400. This Agreement discloses the name of the Company, Modernizing Medicine, Inc., previously referred to as Project P2P.  The Company develops specialty-specific electronic health record technology for physicians designed to increase efficiency in medical practices and improve both treatment and business outcomes.  The Agreement requires the Company to make a minimum capital investment of $15 Million to acquire, renovate, and equip a 210,000 square foot facility. The Company shall create 838 new jobs over a six year period and retain 327 existing full time jobs.  These new full time jobs must have an annualized average wage of $55,000 excluding benefits and a median wage of $47,500.  The Company is required to maintain the new jobs for five years from date of creation, and will maintain the existing retained jobs for five years from the date this Agreement becomes effective.  The five-year economic impact is estimated to be $339 Million. The Agreement states that in the event the Company fails to satisfy job creation requirements but fulfills all other applicable requirements under the Agreement, the Company shall forfeit a pro rata share of the incentive amount due for the number of jobs created. If the Company’s fulfillment of the job creation requirement falls below 80%, the County has the right, in its sole discretion, to terminate the Agreement. The State of Florida has approved a Qualified Target Industry (QTI) tax refund for the Company in the amount of $2,514,000 and a Quick Action Closing Fund (QACF) grant in the amount of $1,300,000 for a total incentive package of $3,814,000.  The Company and the State have entered into agreements for both programs.  Both incentive programs require local financial support.  The required $502,800 match to the QTI tax refund will be split equally between Palm Beach County ($251,400) and the City of Boca Raton ($251,400).  The required $650,000 match to the QACF grant will be split equally between Palm Beach County ($325,000) and the City of Boca Raton ($325,000).  The Palm Beach County match will be provided in the form of an ad valorem tax exemption in an amount not to exceed $576,400 over a nine year period provided the project meets the requirements under Florida Statute 196.012. District 4 (JB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

C.        HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

5.         Staff recommends motion to adopt: Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the application submitted by Pine Crest Preparatory School, Inc., with respect to the requested issuance by the County of its Palm Beach County, Florida Refunding Revenue Bonds (Pine Crest Preparatory School, Inc. Project), Series 2017A (Series 2017A Bonds), in an aggregate principal amount not to exceed $32,000,000, and its Palm Beach County, Florida Refunding Revenue Bonds (Pine Crest Preparatory School, Inc. Project), Series 2017B (Series 2017B Bonds and, together with the Series 2017A Bonds, the Bonds), in an aggregate principal amount not to exceed $32,000,000; determining certain details of the Bonds; approving and authorizing the execution and delivery of the Bonds; approving and authorizing the execution and delivery of a separate Financing Agreement in respect of each of the Series 2017A Bonds and the Series 2017B Bonds; authorizing the proper officers of the County to do all other things deemed necessary or advisable in connection with the sale and delivery of the Bonds; and providing for an effective date. SUMMARY: Pine Crest Preparatory School, Inc. (School), a Florida non-profit corporation that is exempt for taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, has applied for the issuance of industrial development refunding revenue bonds by the County in a combined aggregate principal amount not to exceed $64,000,000.  The Bonds will be issued in two series, each in an aggregate principal amount not to exceed $32,000,000.  The Series 2017A Bonds will be placed directly with Banc of America Public Capital Corp.  The Series 2017B Bonds will be placed directly with BankUnited, N.A., or with Bridge Funding Group, Inc., a Delaware corporation and an affiliate of BankUnited, N.A.  Proceeds of the Bonds will be used to current refund the County’s outstanding Revenue Bonds (Pine Crest Preparatory School, Inc. Project), Series 2012A and Series 2012B (together, Series 2012 Bonds), which are expected to be outstanding in the combined aggregate principal amount of $63,210,000 on the projected closing date for the issuance of the Bonds.  The County issued the Series 2012 Bonds to finance and refinance the costs of acquisition, construction, reconstruction and equipping of educational facilities of Pine Crest School at its Boca Raton campus located at 2700 St. Andrews Boulevard in Boca Raton and its Fort Lauderdale campus located at 1501 N. E. 62nd Street in Fort Lauderdale.  Since part of the educational facilities are located in the City of Boca Raton, a municipality located in the County, and part are located in the City of Fort Lauderdale, the County will be authorized pursuant to an interlocal agreement with the City of Fort Lauderdale to issue the Bonds for such educational facilities. The Borrower has paid the required application fee and remains obligated to pay the fees of the County Attorney’s office incurred in connection with the proposed issuance of the Bonds. The Bonds will be payable solely from revenues derived from the School.  Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premium, if any, or interest on the Bonds.  District 4 (PFK)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

D.        PALM TRAN

 

1.         Staff recommends motion to:

 

A) adopt Resolution of the Board of County Commissioners of Palm Beach County (BCC), Florida, authorizing the execution and submittal of a grant application and grant agreement with the Florida Commission for the Transportation Disadvantaged (CTD), in the amount of $3,880,913 for FY 2017/2018 to provide Palm Tran Connection Service (Connection) trips in accordance with the Transportation Disadvantaged Trust Fund (TDTF) requirements of Chapter 427, Florida Statutes, and Rule 41-2, Florida Administrative Code;

 

B) approve budget transfer of $212,884 in the General Fund Contingency Reserve to the Palm Tran Grant Fund 1341 for the County’s match; and

 

C) approve budget amendment of $3,022,411 in Palm Tran’s Grant Fund 1341 for Fiscal Year 2017/2018 in order to recognize the grant award.

 

SUMMARY: Since June 1999, the BCC has received annual funding from the State of Florida through the CTD to provide opportunities for non-sponsored transportation disadvantaged citizens, not covered under ADA regulations, to obtain access to transportation for daily living needs when they are not sponsored for that need by any other available federal, state or local funding source. These services are provided by Palm Tran Connection, and last year approximately 2,580 County residents utilized this service; taking 96,799 trips and using 38,537 passes. For FY 2017/2018, the County has been awarded $3,492,821, which requires a local match of 10% or $388,092 for a total grant agreement of $3,880,913. The total cost to provide TD Service is $4,839,826 which requires a County match in the amount of $958,315, in order to maintain the program at its current level. At the January 28, 2014 Workshop, the BCC directed Staff not to reduce the TD service in advance of the issuance of the Request for Proposals for three new paratransit vendors. Countywide (DR)

 

2.         Staff recommends motion to ratify: Memorandum of Agreement (MOA) modifying Article 37 of the Labor Management Agreement between Palm Tran, Inc. and the Palm Beach County Board of County Commissioners, as joint employer, and the Service Employees International Union, Florida Public Services Union, CtW, CLC (SEIU) representing 40 regular full-time, non-professional, supervisory employees of Palm Tran, Inc. SUMMARY:  At the request of the SEIU, Palm Tran commenced negotiations in February 2017 for the sole purpose of wage adjustments that would take effect from October 1, 2016 (FY 2016/17) for 40 Palm Tran employees (30 Operations Supervisors and ten Maintenance Supervisors).  On July 6, 2017, Palm Tran and SEIU tentatively agreed to a three percent wage increase which was ratified by SEIU membership on July 20, 2017. The wage increase will be retroactive for Fiscal Year 2016/17 to the first full pay period following October 1, 2016.  The MOA also specifies a period for completing the retroactive payments and the costs associated with this wage increase is included in Palm Tran’s Fiscal Year 2016/17 budget.  Countywide (DR)

 

 

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

E.        ENGINEERING & PUBLIC WORKS

 

1.         DELETED:  Staff recommends motion to approve: negotiated amount of $1,600,000 to acquire a permanent easement from K Industries, L.L.C. (Owner) for a drainage pond necessary for the construction of roadway improvements on Silver Beach Road from east of Congress Avenue to east of Old Dixie Highway/President Barack Obama Highway (Project).  SUMMARY:  Approval of the negotiated amount will allow the Engineering Department to acquire a 4.252 acre permanent easement to be used to construct a drainage retention pond for the project.  The project includes the reconstruction of Silver Beach Road to a three-lane undivided roadway with a four foot wide bike lane and a six foot wide sidewalk on both sides of the roadway.  Two appraisals were obtained with an average fair market value of $1,434,700.  The property owner’s original counter-offer was $1,844,600, not including fees and costs.  To avoid the additional costs normally associated with an eminent domain filing, the Engineering Department staff negotiated a purchase amount of $1,600,000 inclusive of the property owner’s attorney fees, engineering fees, and appraisal costs in the amount of $76,770.50.  After fees and costs are subtracted, the purchase represents approximately 107% of the average of the two appraisals. District 1 (LBH)

 

 

F.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to:

 

A) adopt a Resolution authorizing a two year term extension and a finding that the Fourth Amendment to the Lease Agreement with Robert Weatherbee d/b/a The Sub Division (Sub Division) is in the best interest of the County; and

 

B) approve a Fourth Amendment to the Lease Agreement (R2006-0077) with Sub Division to continue to provide food services at the County’s Vista Center 2300 Building in West Palm Beach at an annual rent of $10,657.76.

 

SUMMARY: Since January 1, 2007, Sub Division has been leasing 349 square feet of space in the lunchroom for the provision of food services at the County’s Vista Center 2300 Building located at 2300 North Jog Road.  Sub Division pays its rent timely, provides an acceptable level of service and quality food at reasonable prices.  Staff believes that it is unlikely there would be sufficient interest in responding to a Request for Proposals (RFP) for food service operations at this location to justify the Staff resources involved in issuing an RFP. Staff, therefore recommends the Board find that an extension of the Lease Agreement without a competitive process is in the best interests of the County.  This Fourth Amendment will extend the term for two years, from January 1, 2018 through December 31, 2019, update the Non-Discrimination and Inspector General provisions, provide for a 90-day termination by County and 180-day termination for Sub Division for any reason, and modify the utility provision to recognize the limitations on supporting fax machines associated with the County’s new phone system. On January 1, 2018, the annual rent will increase 4% from $10,247.85/year ($853.99/mo.) to $10,657.76 ($888.15/mo.).  All other terms and conditions of the Lease Agreement will remain unchanged.  The Lease Agreement will continue to be managed by PREM.  (PREM)  District 2 (HJF)

 

 

 

 

 

 

 

 

 

 


AUGUST 15, 2017

 

 

5.         REGULAR AGENDA

 

F.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: Agreement for Purchase and Sale (Agreement) with Nelson R. Santos and Teresa Santos (Santos) to acquire a .96 acre parcel improved with a 2,505 sf home for $304,500.  SUMMARY: Fire Rescue desires to develop a new Fire Station in the vicinity of Military Trail and Gateway Boulevard in order to improve response times in the area.  The County owns a 1.7 acre civic site on White Feather Trail off Military Trail, north of Gateway Boulevard, in unincorporated Boynton Beach which is currently being used by the Engineering Department as a dry retention area for Military Trail roadway drainage. The Santos property is adjacent to the civic site/retention area.  Neither the civic site nor the Santos property alone is sufficient for development of the Fire Station. Due to the lack of vacant land suitable for development of a Fire Station, Staff has been investigating ways to combine the civic site/retention area and the Santos Property to support development of a Fire Station. The County’s due diligence consultants have completed the majority of the due diligence which confirms that acquisition of the Santos´ property will provide sufficient additional land to accommodate both Engineering’s retention requirements and development of the Fire Station.  The Agreement with Santos provides the County the right to terminate the Agreement at any time prior to closing in the event that the results of remaining due diligence are unsatisfactory. Staff has been working with Santos since 2016, and Santos has reached a point where they will put the property back on the market for sale if the County does not enter into a contract with them. As a condition of agreeing to sell their property to the County, Santos increased the price to $304,500, required the County to post a $4,500 non-refundable deposit and to close on the purchase of the property by September 15, 2017, or pay an additional non-refundable deposit of $3,000 for an additional 30-day extension.  Staff obtained an appraisal valuing the property at $300,000.  Staff recommends that the Board approve this Agreement prior to completion of our due diligence due to the fact that this is the only site which is both within the optimum service area and has access to an existing signalized intersection, and Staff does not want to risk losing the opportunity to purchase the Santos property.  The County’s sole risk is loss of the deposits paid. The acquisition will be funded by Fire Rescue Impact Fees and Fire Rescue has funding available to immediately commence design.  Pursuant to the PREM Ordinance, all purchases must be approved by a supermajority vote (5 Commissioners). (PREM) District 3 (HJF)

 

 

G.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to receive and file: Criminal Justice Commission’s 2016 Annual Report. SUMMARY: The Criminal Justice Commission (CJC) is required by County Ordinance 88-16 to submit an annual report to the Board of County Commissioners. This report provides details of each of the CJC committees and projects and the activities they engaged in during 2016. It also provides a listing of the 200 individual volunteers who gave their time and talents to work on various topics to improve the criminal justice system in the County. Highlights from this report include: 1) the second year of the MacArthur Foundation Safety and Justice Challenge grant program that targets reducing jail populations and racial disparity in that population; 2) working toward the sustainability of the Reentry Program; 3) educating over 130 residents about the criminal justice system through three Citizen Criminal Justice Academies; 4) creation of a new Community Engagement Task Force to build relationships between criminal justice system and community actors around trust and respect; and 5) providing coordinated efforts for the municipal, county, state, and federal law enforcement agencies within the County.  Countywide (DC)

 

 

 

 

 

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


AUGUST 15, 2017

 

 

6.         BOARD APPOINTMENTS

 

A.        PLANNING, ZONING & BUILDING 

 

1.         Staff recommends motion to approve: appointment of one of the following individuals to the Planning Commission (PLC) for a term from 8/15/2017 to 6/2/2020.

 

Nominee                                  Seat Requirement           Nominated By

James Knight                          At-Large                              Commissioner Abrams

 

     OR

 

Jon Maples                               At-Large                              Commissioner Kerner

 

    OR

 

Richard Ryles                          At-Large                              Vice-Mayor McKinlay

 

SUMMARY:  The Planning Commission was created by Ordinance 2008-003 which replaced the Land Use Advisory Board established by Resolution No. R90-1987. The Unified Land Development Code (ULDC) Article 2.G.3.K. provides for the membership of the PLC to have 16 members, consisting of 15 members appointed by the Board of County Commissioners (BCC) and one non-voting representative of the School District. Each District Commissioner appoints two members and one member is appointed at-large by a majority vote of the BCC. The term of office of each member is for three years. This at-large position is to fill an existing vacancy. The board has 16 members with 13 seats currently filled and a diversity count of Caucasian: 11 (84.61%), African-American: 1 (7.69%), Hispanic: 1 (7.69%). The gender ratio (male: female) is 6:7. Nominees Mr. Knight is a Caucasian male, and Mr. Maples and Mr. Ryles are African-American males. Staff has addressed the need to increase diversity within our boards and will continue to encourage this in an effort to expand the Board’s diversity. Unincorporated (RPB)

 

 

 

 

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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AUGUST 15, 2017

 

 

7.         STAFF COMMENTS

 

A.        ADMINISTRATION COMMENTS

 

1.         Staff recommends motion to adopt: Resolution of the Board of County Commissioners dedicating the 6th Avenue South Bridge to George T. Webb for his 35 years of service to Palm Beach County.  SUMMARY: Commissioner Berger is sponsoring a request to rename the 6th Avenue South Bridge to the George T. Webb Bridge.  Two dedication signs in honor of Mr. Webb’s years of services will be installed at the 6th Avenue South Bridge’s east and west approaches.  District 3 (LBH)

 

 

 

B.        COUNTY ATTORNEY

 

 

 


AUGUST 15, 2017

 

 

8.         COMMISSIONER COMMENTS

 

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."