ORDER OF
BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 5, 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 6)
3. CONSENT AGENDA (Pages 7-28)
4. REGULAR AGENDA (Pages 29-34)
5. BOARD OF COUNTY COMMISSIONERS SITTING AS
THE CHILD CARE FACILITIES BOARD (Page 35)
6. BOARD APPOINTMENTS (Pages 36-37)
7. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
38)
8. STAFF COMMENTS (Page 39)
9. COMMISSIONER COMMENTS (Page 40)
10. ADJOURNMENT (Page 40)
* * * * * * * * * * *
DECEMBER 5, 2017
TABLE OF
CONTENTS
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 6
2C-1 Boys Town Day
CONSENT AGENDA
A.
ADMINISTRATION
Page 7
3A-1 Resolution
repealing and replacing County’s non-discrimination policy
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Work
order with Ranger Construction Industries, Inc. for Summit Boulevard from
Military Trail to Congress Avenue milling and resurfacing project
Page 8
3C-2 Supplement
to Project Agreement with HSQ Group, Inc. for preparation of revised plans for
Lyons Road project
3C-3 Work
order with Ranger Construction Industries, Inc. for Congress Avenue from Lake
Ida Road to Summit Drive milling and resurfacing project
3C-4 Resolution
finalizing the Municipal Service Taxing Unit special assessment improvement
project of Penny Lane, dead end to Melaleuca Lane
E. COMMUNITY SERVICES
Page 9
3E-1 Appointment
to Palm Beach County HIV Comprehensive AIDS Resources Emergency Council
3E-2 Contract with Father Flanagan’s Boys Town
Florida, Inc. for services related to at-risk children and their families
3E-3 Ratify Mayor signature on Ryan White Part A
HIV Emergency Relief Grant Program application
Page 10
3E-4 Use of Facility Agreement with the Village
of Royal Palm Beach to provide a congregate meal site for the elderly
F. AIRPORTS
Page 11
3F-1 Receive and file time extensions with the
Florida Department of Transportation Joint Participation Agreements
3F-2 Amendment to Contract with The Weitz Company,
LLC for terminal improvements at PBIA
Page 12
3F-3 Resolution with the Florida Department of
Transportation for a Joint Participation Agreement for Hangars and
Infrastructure at the Glades Airport
3F-4 Resolution with the Florida Department of
Transportation for a Joint Participation Agreement for General Aviation Federal
Inspection Service Facility Improvements at PBIA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 12
3H-1 Receive
and file Standard Equipment Use Agreement with the Palm Beach County Sports
Commission
Page 13
3H-2 Amendments
to three contracts for architectural services
Page 14
3H-3 Amendments
to seven contracts for roofing services
Page 15
3H-4 Donation
of a surplus vehicle to the Sheriff’s Office in support of the County’s CCRT
program
DECEMBER 5, 2017
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 15
3H-5 Amendment
to Communication Tower Agreement with American Tower, L.P. for leased space to
operate County communication antennas and equipment
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 16
3I-1 Receive and file documents related to the
Palm Beach County Intermediary Relending Program
Page 17
3I-2 Receive and file agreements related to the
construction and rehabilitation of affordable housing
Page 18
3I-3 Agreements with the U.S. Department of
Housing and Urban Development making Federal funds available to the County
Page 19
3I-4 Amendment to Agreement with the City of
South Bay related to improvements at Cox Park and Tanner Park in South Bay
K. WATER UTILITIES
Page 20
3K-1 Work
authorization with Hinterland Group, Inc. for water main improvements in Belle
Glade
3K-2 Consultant Services Authorization with
Keshavarz & Associates, Inc. for water main improvements in Belle Glade
3K-3 Contract with Hinterland Group, Inc. for
wastewater gravity lines and manhole rehabilitation
Page 21
3K-4 Contract with Florida Design Drilling
Corporation for wellfield improvements at Water Treatment Plants No. 3 & 9
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 21
3L-1 Agreement
with the Florida Fish and Wildlife Conservation Commission for construction of
the Boca Inlet Artificial Reef
Page 22
3L-2 Contractual
Services Agreement with the Florida Department of Agriculture and Consumer
Services for mosquito control activities
3L-3 Standard
Grant Agreement with the Florida Department of Environmental Protection for
post-construction monitoring of the Jupiter/Carlin Shore Protection Project
Page 23
3L-4 Statutory
Warranty Deed for donation of a parcel of vacant land north of Indiantown Road
and northeast of the Bee Line Highway from Cecilia Dodd English
3L-5 Statutory
Warranty Deed for donation of a parcel of vacant land north of Indiantown Road
and northeast of the Bee Line Highway from Mary Agnes Kincaid
3L-6 Task
assignment change order to contract with the Florida Department of
Environmental Protection increasing the Routine Inspection charge
M. PARKS & RECREATION
Page 24
3M-1 Receive and file agreements with swimming
coaches and instructors
Page 25
3M-2 Amendment
with the Palm Beach County Officials Association providing for officials during
softball programs
Q. CRIMINAL JUSTICE COMMISSION
Page 25
3Q-1 Receive
and file documents related to the John D. and Catherine T. MacArthur Safety and
Justice and Challenge Grant
DECEMBER 5, 2017
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
X. PUBLIC SAFETY
Page 26
3X-1 Receive
and file amendment with the Child Protection Team of Palm Beach, Inc.
increasing the contract amount for medical evaluations
3X-2 Receive
and file agreements with the State of Florida, Division of Emergency Management
to enhance and improve emergency management plans and programs
Page 27
3X-3 Resolution
authorizing the County Administrator to sign the FY 2017-2018 annual Emergency
Medical Services grant application which will be used to improve and expand the
EMS system
3X-4 Receive
and file Interlocal Agreements with three municipalities for reimbursement of
medical equipment
Page 28
3X-5 Receive
and file Proclamation of State of Local Emergency notification for Hurricane
Irma
3X-6 Receive
and file State-Funded Grant Agreement for Hazardous Materials Contingency
Planning with the State of Florida, Division of Emergency Management to conduct
on-site visits and hazardous materials analyses
REGULAR AGENDA
A. ADMINISTRATION
Page 29
4A-1 Preliminary
reading of Ordinance establishing the prohibition of conversion therapy on
minors
B.
HOUSING AND ECONOMIC SUSTAINABILITY
Page 29
4B-1 Consent
for relative of county employee to receive State Housing Initiatives
Partnership Program funds
Page 30
4B-2 Impact
Fee Affordable Housing Assistance Program funding for Georgian Gardens
Apartments project
Page 31
4B-3 Impact
Fee Affordable Housing Assistance Program funding for the Banyan Court project
4B-4 Resolution
authorizing the issuance of revenue bonds providing funds for a loan to Tuscan
Gardens of Delray Beach Properties, LLC for construction of a senior living
facility at the southwest corner of Frost Lane and Sims Road
C.
ENGINEERING & PUBLIC WORKS
Page 32
4C-1 Preliminary
reading of Ordinance establishing an amended Five Year Road Program
D. PLANNING, ZONING & BUILDING
Page 32
4D-1 Preliminary
reading of Ordinance repealing the Florida Building Code 2014 Edition, Chapter
1 and adopting the Florida Building Code, 6th Edition (2017)
E.
COUNTY ATTORNEY
Page 33
4E-1 Board
direction regarding pursuit of litigation regarding the opioid epidemic and the
selection process to retain outside counsel
F.
FACILITIES DEVELOPMENT & OPERATIONS
Page 33
4F-1 Termination
of lease agreement with Palm Beach Imports, Inc.
DECEMBER 5, 2017
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
G.
FIRE RESCUE
Page 34
4G-1 Preliminary
reading of Ordinance adopting the updated Florida Fire Prevention Code
4G-2 Side
agreement amending Article 27 – Uniforms allowing for new shirt varieties for
fire rescue personnel
H.
AIRPORTS
Page 34
4H-1 Interlocal agreement with the Town of Palm
Beach to allow for consistent airport zoning ordinances
BOARD OF
COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD (Page 35)
Page 35
5A-1 Reappointments
to the Child Care Advisory Council
BOARD
APPOINTMENTS
Page 36
6A-1 Appointment
to the Emergency Medical Services Advisory Council
Page 37
6A-2 Appointment
or reappointment to the Emergency Medical Services Advisory Council
Page 37A
6B-1 ADD-ON:
Commission appointments to Treasure Coast Regional Planning Council
6B-2 ADD-ON:
League of City appointments to Treasure Coast Regional Planning Council
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 38)
STAFF
COMMENTS (Page 39)
COMMISSIONER
COMMENTS (Page 40)
ADJOURNMENT (Page 40)
DECEMBER 5, 2017
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation
declaring December 12, 2017 as Boys Town Day in Palm Beach County (Sponsored by
Mayor McKinlay)
* * * * * * * * * * * *
DECEMBER 5, 2017
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to adopt: Resolution of the Board of County Commissioners of
Palm Beach County, Florida, repealing and replacing R2014-1421; stating the
policy that Palm Beach County shall neither do business with nor appropriate
funds to any entity that practices discrimination on the basis of race, color,
national origin, religion, ancestry, sex, age, marital status, familial status,
sexual orientation, gender identity or expression, disability, or genetic
information. SUMMARY:
The Board of County Commissioners adopted Resolution R92-13 establishing a
non-discrimination policy, and subsequently amended that Resolution in
R2012-0197, R2014-0113, and R2014-1421. This
new replacement resolution retains the current non-discrimination policy and
deletes the requirement for contracted entities to submit signed conformance
statements and copies of corporate non-discrimination policies. The requirement
being deleted was deemed to be unnecessary and ineffective in achieving
compliance or determining non-compliance with the policy. By signing a contract
containing the County’s standard and current non-discrimination language, the
entity is liable for a breach of contract if it discriminates on any of the
stated bases. The proposed changes streamline the contracting process while
maintaining the Board’s firm policy on non-discrimination. Countywide
(HH)
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 October 03, 2017
Zoning October
26, 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
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Work Order 2015053-57 in the amount of $487,000
to mill and resurface Summit Boulevard from Military Trail to Congress Avenue
utilizing Palm Beach County’s annual asphalt milling and resurfacing contract
R2016-0143 with Ranger Construction Industries, Inc. SUMMARY: Approval
of this work order will allow the contractual services necessary to construct
the improvements. Per County PPM CW-F-050, this work order exceeds the $200,000
threshold for staff approvals of work orders to annual contracts, thus
requiring approval from the Board of County Commissioners. Prior to this work
order, over $11 million of Ranger’s $20 million contract has been spent or
encumbered. The Small Business Enterprise (SBE) goal for all contracts is 15%.
The SBE participation proposed by Ranger for this work order is 15%. Approval
of this work order will result in a cumulative SBE participation of 14.2% for
all the work orders issued under the contract. This project is funded through the infrastructure sales tax. District
2 (LBH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve: Supplement No. 6 to Project Agreement
R2008-0825 with HSQ Group, Inc. (HSQ) in the amount of $140,850.87 for
professional services for the Lyons Road from north of Lake Worth Road to south
of Lake Worth Drainage District L-11 Canal project. SUMMARY: Approval of
this supplement will provide the services necessary for the preparation of
revised plans for the project. Due to new development within the project
limits, the survey will be updated and the roadway design plans will be
revised. The Small Business Enterprise (SBE) goal for all contracts is 15%. HSQ
has committed to 86.88% SBE participation for this project. HSQ has proposed
100% SBE participation for this supplement. HSQ is certified as an SBE and is a
Palm Beach County based company. District 6 (LBH)
3. Staff recommends
motion to approve: Work Order 2015053-56 in the amount of $400,000 to mill and resurface
Congress Avenue from Lake Ida Road to Summit Drive utilizing Palm Beach
County’s annual asphalt milling and resurfacing contract R2016-0143 with Ranger
Construction Industries, Inc. SUMMARY: Approval of this work order will
allow the contractual services necessary to construct the improvements. Per
County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff
approvals of work orders to annual contracts, thus requiring approval from the
Board of County Commissioners. Prior to this work order, over $11 million of
Ranger’s $20 million contract has been spent or encumbered. The Small Business
Enterprise (SBE) goal for all contracts is 15%. The SBE participation proposed
by Ranger for this work order is 15%.
Approval of this work order will result in a cumulative SBE participation
of 14.2% for all the work orders issued under the contract. This project is funded through the
infrastructure sales tax. District 4 (LBH)
4. Staff recommends
motion to:
A) adopt resolution to finalize the Municipal
Service Taxing Unit (MSTU) special assessment for paving and drainage
improvements of Penny Lane, dead end to Melaleuca Lane (Project);
B) authorize Palm Beach County Tax Collector and the
Clerk & Comptroller’s Office to process and collect the assessments; and
C) approve acceptance of Penny Lane, dead end to Melaleuca
Lane to Palm Beach County (County) Maintenance Inventory.
SUMMARY: Adoption of
this Resolution will serve to confirm and finalize the special assessment for
the Project. This will allow the
assessment payments to be processed and collected by the Tax Collector and the
Clerk & Comptroller’s Office. The total assessment is a cost of $25 per
abutting footage to all 16 benefitting property owners along the Project
payable in 10 equal annual installments at an interest rate of five and
one-half percent (5.5%) per annum as set by the Board of County Commissioners
for a total of $31,777.50. Penny Lane, dead
end to Melaleuca Lane will be changed from being privately owned to full County
ownership and maintenance. District
3 (LBH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: new appointment to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency (CARE) Council for a term of three
years, effective December 5, 2017:
Seat No. Appointment Seat Requirement Term Expires
29 Robert B. Scott State Part B Agency 12/04/20
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. Mr. Scott has
successfully completed the HIV CARE Council’s nomination process and the HIV
CARE Council recommends his appointment. The Board has 33 seats; 20 seats are
currently filled with a diversity count of African-American: 9 (45%), Caucasian:
8 (40%), and Hispanic: 3 (15%). The gender ratio (female:male) is 10:10. The
nominee is a Caucasian male. The Ryan White Program Manager and staff conduct
targeted outreach in an effort to proffer candidates for appointments that
maintain a diverse composition of the Board. (Ryan
White Program) Countywide (HH)
2. Staff recommends
motion to approve: Contract for Provision of Financial Assistance
with Father Flanagan’s Boys Town Florida, Inc., for a three year period from
October 1, 2017, through September 30, 2020, to coordinate behavioral/mental
health care coordination services for at-risk children and their families, in
an amount not to exceed $1,583,145, of which $527,715 is budgeted in FY 2018
with an anticipated annual allocation of $527,715 in each subsequent fiscal
year, contingent upon a budgetary appropriation by the Board of County
Commissioners, for the term of this contract.
SUMMARY: On July 11, 2017, the Board of County
Commissioners approved funding allocations for the Financially Assisted
Agencies (FAA) Program. The contract being recommended in this item reflects
dollar amounts included in the FY 2018 budget. This contract represents
$527,715 of the total FAA funding allocation of $12,496,186. (Financially
Assisted Agencies) Countywide (HH)
3. Staff recommends
motion to:
A) ratify signature of the Mayor on the Ryan White Part A HIV Emergency Relief
Grant Program application with the U.S. Department of Health and Human
Services, Health Resources Services Administration, for the period of March 1,
2018 through February 28, 2019, in an amount of $8,020,040; and
B) approve one full-time equivalent grant
funded position for a Ryan White CARE Council Coordinator, (Pay Grade 30), for
the Ryan White Program.
SUMMARY: The
Ryan White Part A HIV Emergency Relief Grant Program application in the amount
of $8,020,040 was submitted to the U.S. Department of Health and Human
Services, Health Resources Services Administration (HRSA) on November 8, 2017.
This grant highlights the need for new programs, maintaining all existing
programs, increasing funding for medical case management and early intervention
services, as well as funding for a Health Education/Risk Reduction Service
category. This grant will allow the Community Services Department to continue
providing needed medical and support services to Palm Beach County residents
living with HIV/AIDS. The requested grant-funded position will provide support
to the CARE Council members and
ensure that the Care Council membership is reflective of the clients serviced by the Ryan White Program. The grant
position will be approved for the length of the grant and will be eliminated if
funding is discontinued. HRSA released the
application guidance with instructions to return no later than November 10,
2017 to avoid any delays due to the complexities of the online submission
process. The emergency signature process was utilized because there was
insufficient time to submit these items through the regular agenda process. No County match is required. (Ryan White
Program) Countywide (HH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: Use of Facility Agreement with the Village of
Royal Palm Beach, for the period December
5, 2017 through December 4, 2018, with automatic renewals for two
additional, consecutive terms of one year each with no renewal term extending
beyond December 5, 2020, to provide a congregate
meal site for the elderly at the Royal Palm Beach Cultural Center. SUMMARY: The Division of Senior Services
(DOSS) receives federal funds from the Older Americans Act (OAA) to
provide congregate meal sites. This agreement enables DOSS to operate a
congregate meal site for the elderly at no cost to the County for space or
energy usage. The Royal Palm Beach Cultural Center (Center) provides meals at
the site to elderly participants who require meals. The Center will recruit volunteers to operate the
congregate meal site. DOSS will provide training for the volunteers. All meals
and necessary food related services and supplies shall be furnished by the
County through its designated food service vendor, subject to the availability
of funds. The estimated total cost of the meals is $17,825, and will be funded under the
OAA grant in the amount of $16,042
(90%) and $1,783 (10%) in County match. Sufficient funding is included in the
current budget to meet County obligations. The areas of service include all of
the districts, excluding portions of Districts 3, 4, 5 and 7 south of Hypoluxo
Road. The Mae Volen Senior Center, Inc. is responsible for providing services
in the areas south of Hypoluxo Road. (Division of Senior Services) Countywide,
except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road
(HH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: Extension of Time to the following Joint
Participation Agreements (JPA) with the Florida Department of Transportation (FDOT):
A) Security
Improvements at Palm Beach County Park Airport, Financial Project Number
425723-1-94-01 approved by the Board on December 17, 2013 (R2013-1788 and
R2013-1789) is hereby extended until September 30, 2018;
B) Rehabilitate
Taxiway C at Palm Beach International Airport, Financial Project Number
425724-1-94-01 approved by the Board on December 17, 2013 (R2013-1786 and
R2013-1787) is hereby extended until March 31, 2018;
C) Master Plan Update
at Palm Beach International Airport, Financial Project Number 425756-1-94-01
approved by the Board on March 11, 2014 (R2014-0257 and R2014-0258) is hereby
extended until March 31, 2018;
D) Perimeter Fence
Improvements at North Palm Beach County General Aviation Airport, Financial
Project Number 430950-1-94-01 approved by the Board on December 17, 2013 (R2013-1784
and R2013-1785) and amended on December 2, 2014 (R2014-1809 and R2014-1810), is
hereby extended until December 31, 2018;
E) Southside Hangar
Development and Infrastructure at Palm Beach County Park Airport, Financial
Project Number 427915-1-94-01 approved by the Board on June 29, 2010
(R2010-1001 and R2010-1002) and amended March 15, 2011 (R2011-0369) and October
18, 2011 (R2011-1570 and R2011-1571) is hereby extended until September 30,
2018;
F) Construct Hangars
at Palm Beach County Park Airport, Financial Project Number 434600-1-94-01
approved by the Board on December 2, 2014 (R2014-1813 and R2014-1814), is
hereby extended until September 30, 2018; and
G) Federal Inspection
Services Facility at Palm Beach International Airport, Financial Project Number
436513-1-94-01 approved by the Board on December 2, 2014 (R2014-1807 and
R2014-1808), is hereby extended until December 31, 2018.
SUMMARY: Delegation of authority
for execution of the above Extensions of Time to the JPAs with the FDOT was
approved by the Board on October 18, 2011 (Agenda Item No. 3F-11). Countywide
(AH)
2. Staff recommends
motion to approve: Amendment No. 7 to
the Construction Manager at Risk (CMAR) Contract with The Weitz Company, LLC
for Terminal Improvements at Palm Beach International Airport (PBIA) to
complete Task W-7: Parapet Wall Replacement and Domestic Water Distribution
Modifications at PBIA in the amount of $208,965 and 120 Calendar Days. SUMMARY: The Contract with The Weitz
Company, LLC for CMAR Services for Terminal Improvements at PBIA was approved
by the Board on June 4, 2013 (R2013-0664).
The Contract is for two years with three one year renewal options and is
a task order based contract for CMAR Services at PBIA. The Weitz Company, LLC is an Iowa based firm;
however, the work will be directly managed by their local South Florida office
in Palm Beach County. The contract value to date is $7,585,296, and the County
exercised the first one year renewal option on May 5, 2015 (R2015-0553); the
second one year renewal option on May 3, 2016 (R2016-0559) and the third and
final year renewal option on May 2, 2017 (R2017-0539). Approval of Amendment No. 7 in the amount of
$208,965 and 120 Calendar Days will provide funds to complete Task W-7: Parapet
Wall Replacement and Domestic Water Distribution Modifications at PBIA. The
Disadvantaged Business Enterprise Goal for this contract is 13%. The total to
date participation for this contract is 11%. Countywide (AH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to:
A) adopt resolution approving a Joint
Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) in the amount of $500,000 for Hangars and Infrastructure
at Palm Beach County Glades Airport.
This JPA will become effective upon final execution by the FDOT with an
expiration date of December 31, 2020; and
B) approve budget amendment of
$500,000 in the Airport’s Improvement and Development Fund to recognize the
receipt of a grant from the FDOT, and budget project cost of $625,000; which
includes a transfer from Reserves of $125,000.
SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $500,000 or 80% of the eligible project costs, whichever is less. Countywide (AH)
4. Staff recommends
motion to:
A) adopt resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $2,250,000 for General
Aviation Federal Inspection Service Facility Improvements at Palm Beach
International Airport. This JPA will become effective upon final execution by
the FDOT with an expiration date of December 31, 2020; and
B) approve budget amendment of
$2,250,000 in the Airport’s Improvement and Development Fund to recognize the
receipt of a grant from the FDOT, and budget project cost of $4,500,000; which
includes a transfer from Reserves of $2,250,000.
SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $2,250,000 or 50% of the eligible project costs, whichever is
less. Countywide (AH)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: Standard
Equipment Use Agreement with the Palm Beach County Sports Commission, for a
period of November 20, 2017 through December 5, 2017. SUMMARY: In accordance with County PPM CW-O-051, all
delegated contracts, agreements and grants must be submitted by the initiating
Department as a receive and file agenda item.
The attached standard Agreement, dated Nov 7, 2017, has been fully
executed on behalf of the Board of County Commissioners (Board) by the County Administrator
or designee. The Equipment Use Agreement
was approved by the Board on October 1, 2013, Agenda 3H-2. This executed document is now being submitted
to the Board to receive and file. (FDO Admin) Countywide (LDC)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: Amendments No. 2 to the
Contracts for architectural services on a continuing contract basis:
A) Colome’ & Associates, Inc. (R2014-1916), SBE/Local, 94.5% SBE
participation to date;
B) Harvard Jolly, Inc. (R2014-1917), Non-SBE/Local, 54.8% SBE participation
to date; and
C) Architecture Green, LLC (R2014-1918), SBE/Local, 100% SBE participation
to date.
SUMMARY: Amendments No. 2 extends the term of three contracts for architectural
services for one year through December 15, 2018. The Board approved annual
contracts on December 16, 2014, and the original Contracts provided for an
initial two year term with three renewal options each for a period of one
year. Amendments No. 2 will provide services during the second renewal
period from December 16, 2017 through December 15, 2018. During the first
three years of these contracts, Colome’ & Associates, Inc. was awarded
$1,510,985, Harvard Jolly, Inc. was awarded $31,343 and Architecture Green,
LLC. was awarded $421,137 in Consultant Services Authorizations. The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance is 15%. The contract with Colome’ & Associates, Inc. committed to
an SBE participation goal of 99%, the contract with Harvard Jolly, Inc.
committed to an SBE participation goal of 38% and the contract with
Architecture Green, LLC. committed to an SBE participation goal of 100%. (Capital
Improvements Division) Countywide (LDC)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
3. REVISED
MOTION: Staff
recommends motion to approve:
Amendments No. 2 to seven annual roofing contracts extending the term
for one year for roofing services on a continuing contract basis.
|
|
Contractor
|
Original Contract Resolution
|
Status
|
Total dollars in Work Orders to-date
|
Total SBE
Participation
To-date
|
|
A)
|
Advanced Roofing, Inc.
|
R2015-1780
|
Non-local/Non-SBE
|
$104,056
|
0.0%
|
|
B)
|
Empire Roofing Company Southeast,
LLC
|
R2015-1781
|
Local/Non-SBE
|
$4,394
|
0.0%
|
|
C)
|
Hi-Tech Roofing & Sheetmetal,
Inc.
|
R2015-1782
|
Local/SBE
|
$829,032
|
100.0%
|
|
D)
|
Roofing Concepts
Unlimited/Florida, Inc.
|
R2015-1783
|
Non-local/Non-SBE
|
$183,851
|
0.0%
|
|
E)
|
Tecta America South Florida, Inc.
|
R2015-1784
|
Non-local/Non-SBE
|
$36,624
|
0.0%
|
|
F)
|
Tri State Roofing and General
Contractors LLC
|
R2015-1786
|
Local/SBE
|
$167,459
|
100.0%
|
|
G)
|
Triple M Roofing Corp
|
R2015-1785
|
Non-local/Non-SBE
|
$0
|
0.0%
|
SUMMARY: Amendments No. 2 extend the term
of the Contracts for roofing services for one year through December 14,
2018. The Board approved the annual
Contracts on December 15, 2015, and the original Contracts provided for an
initial term of one year with four renewal options each for a period of one
year each. The Annual Roofing contracts are indefinite-quantity contracts
initially with a value of $1,500,000.
This was increased by $1,500,000 with Amendments No. 1, for a maximum
cumulative value of $3,000,000. Projects
are bid among the pre-qualified participants.
During the first two years of the Contracts, the County awarded $1,338,630
in work orders. Three of the seven contractors are Palm Beach County businesses
and the remaining four are based in Broward.
The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance is 15%. The cumulative SBE participation for all work orders
to-date is 75%. (Capital Improvements) Countywide (LDC)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
4. Staff recommends
motion to authorize: County Administrator, or designee, to authorize
the donation of a surplus vehicle in an amount not to exceed $7,500 each fiscal
year to the Sheriff’s Office in support of the County’s Countywide Community Revitalization
Program (CCRT) Program. SUMMARY: On August 20, 2002, and in
response to a request from the Palm Beach County Sheriff’s Office (PBSO), the
Board approved the annual donation of a surplus vehicle in the amount not to
exceed $6,000 in support of the CCRT. This item increases the value of the
annual donation from $6,000 to $7,500. From 2002-2015, 15 vehicles have
been donated to PBSO enabling them to assist in a variety of activities
including; 1) carrying equipment for painting of, and debris removal
from, residences of the elderly and needy, 2) removing graffiti from
County owned property, 3) cleaning of properties which have found to
house illegal activities in residential neighborhoods, and 4) hauling
equipment to clear overgrown fields and houses in foreclosure as a crime
deterrent. In 2016, PBSO was unable to identify a surplus vehicle meeting
their needs for the CCRT, with a value of less than $6,000 and as such CCRT has
requested that the limit of the annual donation be increased. FDO/Fleet
Management suggested the new $7,500 limit after researching PBSO’s donation
history and the current values of those type vehicles. The purpose of the
$7,500 limit will provide a cap to the loss revenues to Fleet Management and
allow the donations to be processed in a more timely manner. All
donations are subject to PBSO assuming maintenance responsibility. (Fleet
Management) Countywide (LDC)
5. Staff recommends
motion to approve: First
Amendment to Communication Tower Agreement (R98-2029D) with American Tower,
L.P. to exercise the County’s option to extend the term for a period of five
years, and to document modification of the County’s antenna frequency and
equipment. SUMMARY: Since 1998, the County has leased space on the
450-foot guyed tower located at 1300 Whittaker Road in Belle Glade which is owned by American Tower, L.P. (fka
OPM-USA). This space is essential for
the operation of the County’s communication antennas and equipment shelter
supporting the County’s 800MHz system.
This First Amendment exercises the County’s option to extend the term
for a period of five years commencing on December 1, 2018 and expiring on
November 30, 2023; eliminates Exhibit “C” (Tower Loading Diagram), Exhibit “E”
(County Frequencies) and Exhibit “F” (User Frequencies); replaces it with an
inclusive Exhibit “C-1” (Modified Tower Loading Diagram) to memorialize the
equipment and frequency modifications
for the County’s Motorola P-25 system; corrects a
scriveners error in the Annual Rental Increase provision; and updates various
standard County provisions. The annual
rent is currently $46,533.78 subject to annual CPI increases in January. All other terms of the Agreement remain
unchanged. FDO/PREM will continue to have administrative responsibility for
this Agreement. (PREM) District 6 (HJF)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to:
A) receive and file various documents executed in connection with the
Palm Beach County Intermediary Relending Program (IRP) funded by the U.S.
Department of Agriculture (USDA) as follows:
1. USDA Rural Business-Cooperative Service
Intermediary Relending Program Loan Agreement in the amount of $1,000,000;
2. USDA Rural Business-Cooperative Service
Intermediary Relending Program Promissory Note in the amount of $1,000,000;
3. USDA Rural Business-Cooperative Service
Security Agreement;
4. USDA Equal Opportunity Agreement;
5. Assurance Agreement;
6. Memorandum of Understanding with USDA Rural
Development;
7. Applicant Certification Federal Collection
Policies for Consumer or Commercial Debts; and
B) approve budget amendment of $1,000,000 in the USDA Rural Development
Intermediary Relending Program fund to recognize the loan revenue and to
establish the loan appropriation budget.
SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts,
agreements and grants must be submitted by the initiating Department as a
receive and file agenda item. The
attached documents have been executed on behalf of the Board of County
Commissioners (BCC) by the County Administrator, or designee, in accordance
with Resolution R2014-0355 approved by the BCC on March 11, 2014. These executed documents are now being
submitted to the BCC to receive and file. These are Federal loan funds which
require no local match. District
6 (JB)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to receive
and file:
A) Loan Agreement with Neighborhood Renaissance, Inc., under the HOME Investment Partnerships Program (HOME);
B) Agreement with Community Land Trust of Palm Beach County,
Inc., under HOME;
C) Certificate of Award for Developer Affordable For-Sale Housing Units to Community
Land Trust of Palm Beach County, Inc., under the Impact Fee Affordable Housing Assistance Program (IFAHAP); and
D) Amendment 001 to the Loan Agreement (R2017-1351) with Portofino
Associates, Ltd., under the State
Housing Initiatives Partnership Program (SHIP).
SUMMARY: In accordance with County
PPM CW-O-051, all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. The attached documents
have been executed on behalf of the Board of County Commissioners (BCC) by the Mayor
or the County Administrator in accordance with Agenda Items 5D-1, 5B-5
and 3I-1 as approved by the BCC on
July 11, 2017, September 12, 2017, and October 18, 2016, respectively. The
Loan Agreement with Neighborhood Renaissance, Inc., provides $532,187 in HOME
funds for the construction of four townhouses.
The Agreement with Community Land Trust of Palm Beach County, Inc.,
provides $749,767 in HOME funds for the construction of eight homes. The Certificate of Award for Developer Affordable
For-Sale Housing Units awards $56,000 in IFAHAP funds as a reimbursement of
impact fees associated with the construction of 24 homes. Amendment 001 with Portofino Associates,
Ltd., amends the Loan Agreement which provides $494,000 in SHIP funds for the
rehabilitation of 270 rental units. These
executed documents are now being submitted to the
BCC to receive
and file. HOME grant funds are Federal funds which require a 25%
local match provided by State SHIP funds.
IFAHAP funds are from interest earned by the Impact Fee Fund. SHIP grant funds are State funds that do not
require a local match. District 3 (JB)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to approve: three Agreements with the U.S. Department of Housing
and Urban Development (HUD) for the funding period October 1, 2017 through
September 30, 2018 and two budget amendments as follows:
A) Funding
Approval/Agreement for the Community Development Block Grant (CDBG) Program in
the amount of $5,821,645;
B) Funding Approval
and HOME Investment Partnerships Agreement for the HOME Investment Partnerships
(HOME) Program in the amount of $1,627,785;
C) Funding
Approval/Agreement for the Emergency Solutions Grant (ESG) Program in the
amount of $519,046;
D) budget amendment of
$57,574 in the Housing and Community Development Fund; and
E) budget amendment of
$9,819 in the HOME Investment Partnership Act Fund.
SUMMARY: On July 11, 2017,
the Board of County Commissioners adopted Resolution R2017-0949 approving the
County’s Fiscal Year 2017-2018 Action Plan. The Action Plan establishes
the County’s priorities for implementation of the CDBG, HOME, and ESG
Programs. HUD has approved the Action Plan and now requires County
execution of these Agreements, which will make Federal funds totaling
$7,968,476 available to the County. The grant periods begin October 1,
2017 and all funding must be expended by the following deadlines: ESG by
September 30, 2019, and HOME and CDBG by September 30, 2022. No local
match is required to implement the CDBG program. The ESG Program requires
a 100% local match ($519,046) that will be met through cash or in-kind
contributions by each agency receiving funding. The HOME Program requires
a $345,905 match that will be met through activities funded under the State
Housing Initiatives Partnership (SHIP) Program. Countywide (JB)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
4. Staff recommends
motion to approve:
A) Amendment 001 to an Agreement (R2016-0567)
with the City of South Bay to clarify the scope of work, revise performance
benchmarks and extend the project completion date from December 31, 2017 to
December 31, 2018; and
B) delegated authority to the County
Administrator, or designee, to execute future amendments to the Agreement
(R2016-0567) with the City of South Bay.
SUMMARY: On May 3, 2016,
the County entered into an Agreement (R2016-0567), with the City of South Bay
to provide $456,101 in Community
Development Block Grant (CDBG) funding for the design and installation of
improvements at Cox Park and Tanner Park in South Bay. The improvements at Cox Park include
basketball court renovations, playground equipment, a gazebo, cooking grilles,
benches, litter receptacles and site improvements. Tanner Park improvements include tennis
court, basketball court and restroom renovations, community center exterior
safety improvements, gazebos, benches, litter receptacles and site
improvements. The design for the project
is now complete, the improvements at each location have been identified and the
project is ready for the bid process. The
project design was delayed while surveying and soil borings were being obtained
and while the City worked with Florida Power & Light Company to assess the
relocation of poles in the parks. These
delays have caused the need to extend the project completion date and the
interim performance benchmarks. This
Amendment will provide one additional year to complete construction and process
all required project close out documents.
Delegation of authority to the County Administrator, or designee, to
execute future amendments will allow timely execution of such amendments in
order to facilitate continuous project implementation and allow for timely
expenditure of CDBG funds in order to meet U.S. Department of Housing
and Urban Development (HUD) expenditure deadlines. These are Federal CDBG funds
which require no local match.
District 6 (JB)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Work Authorization (WA) No. 7 for the GL06; SW Belle
Glade Water Main Improvements; SW 8th Street, SW 9th
Street, and SW 4th Street from SW Avenue F to Dr. Martin Luther King
Boulevard (Project) with Hinterland Group, Inc., in the amount of
$1,389,257.38. SUMMARY: On January 10, 2017, the
Board of County Commissioners (BCC) approved the Pipeline Continuing Construction Contract (Contract)
with Hinterland
Group, Inc. (R2017-0072). WA No. 7 provides for the
installation of approximately 3,000 feet of 4-inch, 6-inch and 8-inch water mains, including
fire hydrants and service lines to improve the water system infrastructure and the fire protection in
Belle Glade. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. The Contract with Hinterland Group, Inc., provides for SBE
participation of 15%. WA No. 7 includes 100% overall participation. The
cumulative SBE participation, including WA No. 7 is 100% overall. Hinterland
Group, Inc., is a Palm Beach County company. The Project is included in the
FY18 Capital Budget adopted by the BCC. (WUD Project No. 16-053) District 6 (MJ)
2. Staff
recommends motion to approve: Consultant Services Authorization (CSA) No. 2 for the GL 06; SW Belle
Glade Water Main Improvements; SW 8th Street, SW 9th
Street, and SW 4th Street from SW Avenue F to Dr. Martin Luther King
Blvd., Project (Project) with Keshavarz & Associates, Inc., in the amount
not to exceed $147,641. SUMMARY: On
June 20, 2017, the Board of County Commissioners (BCC) approved the Water
Utilities Department (WUD) Engineering/Professional Services Contract
(Contract) with Keshavarz & Associates, Inc. (R2017-0817). CSA No. 2 provides for construction phase
services for the water main replacement in the southwest area of the City of
Belle Glade along SW 8th Street, SW 9th Street, SW 4th
Street from SW Avenue F to Dr. Martin Luther King Blvd. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. The Contract with Keshavarz & Associates, Inc., provides for SBE
participation of 90%. This Authorization includes 100% overall participation.
The cumulative SBE participation, including CSA No. 2 is 90.94% overall.
Keshavarz & Associates, Inc., is a Palm Beach County company. The Project
is included in the FY18 Capital Budget adopted by the BCC. (WUD Project No.
16-053) District 6 (MJ)
3. Staff recommends
motion to approve: unit price contract with Hinterland Group, Inc.,
for the Water Utilities Department (WUD) Continuing Contract for Wastewater Gravity
Lines & Manhole Rehabilitation (Contract) for a 24-month term with the
option of one 12-month renewal in the amount of $3,339,744.75. SUMMARY:
On August 9, 2017, four bids were
received for the WUD Contract. Hinterland Group, Inc., was determined to be the
lowest responsible and responsive bidder. The Contract will be used to
expedite utility capital improvement
projects and any emergency projects for repairs and rehabilitation of manholes
and wastewater gravity lines where timing is critical. The Contract
award is for the unit bid prices received and the Contract does not guarantee
nor authorize Hinterland Group, Inc., to
perform any work. The overall bid dollar
amount of $3,339,744.75 for Hinterland Group, Inc., was utilized to establish
the unit prices for the Contract. Work will be assigned during the 24-month Contract period through work
authorizations drawn against this Contract, with approvals pursuant to PPM
CW-F-050. The unit prices contained in this Contract will be used in
determining the cost of work authorizations.
Supplements to work authorizations
for changes that occur during construction will be subject to the change order
limits for construction contracts as established under PPM CW-F-050 with each
work authorization considered as an individual construction contract. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance is 15% overall. The
Contract with Hinterland Group, Inc.,
provides for SBE participation
of 94.9%. Hinterland Group, Inc., is a Palm Beach County company. (WUD
Project No. 16-094R) Countywide (MJ)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to approve: Contract with Florida Design Drilling Corporation for the Water
Treatment Plant (WTP) No. 3 and 9 Wellfield Improvements Project Phase 1
(Project) in the amount of
$5,949,494. SUMMARY: On August 24,
2017, four bids were received to rehabilitate
three surficial production wells located in Boca Raton and the replacement of
eight surficial production wells located in Delray Beach and Boca Raton. The
rehabilitation and replacement of the production wells is necessary in order to
restore capacity and ensure a reliable water supply to the WTPs. Florida Design Drilling Corporation was determined to be the lowest responsive and
responsible bidder in the amount of $5,949,494. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance is 15% overall. The
Contract with Florida Design Drilling
Corporation provides for SBE participation of 0.58% overall. The Office
of Small Business Assistance determined that the second lowest responsive and responsible bidder met the
15% SBE requirement, however, their bid was outside the range established by
the SBE Ordinance and therefore not eligible for consideration. Florida Design Drilling Corporation is a
Palm Beach County company. (WUD Project No. 16-017) District 5 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Agreement No. 17018 with the Florida Fish and
Wildlife Conservation Commission (FWC) to provide up to $60,000 pass-through
Federal funding (CFDA 15.605) for the construction of the Boca Inlet Artificial
Reef (Project), expiring August 31, 2018;
B) adopt Resolution
authorizing the Clerk of the Board to disburse $70,000 from the Vessel
Registration Fee Trust Fund to provide matching funding for the Project,
including $10,000 for contingencies;
C) approve budget amendment
of $60,000 in the Environmental Enhancement Saltwater Fund, including a transfer from Reserves of $70,000
for a total of $130,000 in funding for
the Project; and
D) authorize
County Administrator, or designee, to sign all future time extensions,
task assignments, certifications, and other forms associated with this
Agreement, and necessary minor amendments that do not substantially change the
scope of work, terms or conditions of
the Agreement.
SUMMARY: The
Agreement reimburses the County up to $60,000 for the placement of a minimum of
530 tons of limestone boulders at the Boca Inlet Artificial Reef Site. The
estimated total Project cost is $120,000.
The Resolution and Budget Transfer from County Vessel Registration Fees,
a non-ad valorem source, will cover the County’s $70,000 cost including a
$10,000 contingency and the 50% cost share of $60,000. District 4 (AH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) approve Contractual Services Agreement No. 024757
and Amendment No. 1 to the Annual Certified Budget for Mosquito Control with
the Florida Department of Agriculture and Consumer Services (FDACS) for
mosquito control activities performed during contract period October 1, 2017 through September 30, 2018, for
an amount not to exceed $52,566.66;
B) ratify Mayor’s signature on the Annual Certified
Budget (form 13617) for Mosquito Control with the Florida Department of
Agriculture and Consumer Services (FDACS) for mosquito control activities
performed during contract period October
1, 2017, through September 30, 2018;
C) approve budget Amendment of $9,558 in the State
Mosquito Fund to align the budget with the grant award amount; and
D) authorize County Administrator, or designee, to sign
all future time extensions, task assignments, certifications, and other forms
associated with this Agreement, and any necessary minor amendments that do not
substantially change the scope of work, terms or conditions of this Agreement.
SUMMARY: The Agreement provides Arthropod Control
State Aid of up to $52,566.66 in quarterly installments with monthly reporting
requirements regarding mosquito control activities. A 25% County match is
required and included in the local Mosquito Control budget in the general fund.
The FDACS Form 13617 Certified Budget had to be signed and delivered to
Tallahassee no later than October 1, 2017.
Countywide (AH)
3. Staff recommends
motion to:
A) approve Standard Grant Agreement No. 17PB5 (Agreement) with the
Florida Department of Environmental Protection (FDEP), for an amount not to
exceed $100,000 to provide
post-construction monitoring of the Jupiter/Carlin Shore Protection Project
(Project), expiring November 1, 2019;
B) approve budget amendment of $100,000 in
the Beach Improvement Fund for the Jupiter/Carlin
Shore Protection Project; and
C) authorize County Administrator, or designee, to sign
all future time extensions, task assignments, certifications, and other forms
associated with this Agreement and other necessary minor amendments that do not
significantly change the scope of work, terms, or conditions of this Agreement.
SUMMARY: The Agreement
reimburses the County up to $100,000 for permit required post-construction
monitoring for beach re-nourishment completed in 2015. A local match of up to $100,000 is required
(100% match), which is available in the Beach
Improvement Fund from tourist development taxes. Approved work may be eligible for
reimbursement retroactive to January 1, 2017. District 1 (AH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to accept: Statutory Warranty Deed for the donation of a parcel
of vacant land containing approximately 1.1 acres, located north of Indiantown
Road and northeast of the Bee Line Highway, from Cecilia Dodd English. The County will pay the 2017 and past due
property taxes, interest and fees estimated to be less than $800; and title
insurance, closing and recording costs estimated to be less than $500. SUMMARY:
The subject parcel is located in an area known as Palm Beach Heights
(part of the Pal-Mar ecosite). As is
described in a 2017 report prepared by the County on the Lack of
Development Potential of Palm Beach Heights Parcels, most of the lots in Palm
Beach Heights, including the subject parcel, cannot meet current land
development regulations and therefore are not buildable. The parcel owner has
offered to donate it to the County for environmental and passive recreational
uses, provided the County pays the 2017 and past due property
taxes, interest and fees; and title
insurance, closing and recording costs.
A title policy will be obtained for the parcel and a pre-acquisition
environmental assessment will be performed by ERM. A boundary survey will not be obtained due to
the remote location and low value of the land.
ERM will be responsible for administration of the property. All costs related to the 2017 and past due
property taxes, title insurance, closing and recording will be paid from the
Natural Areas Fund, a non-ad valorem source of funds. This
donation must be approved by a supermajority vote (5 Commissioners). District
1 (HF)
5. Staff recommends
motion to accept: Statutory Warranty Deed for the donation of a parcel
of vacant land containing approximately 1.3 acres, located north of Indiantown
Road and northeast of the Bee Line Highway, from Mary Agnes Kincaid. The County
will pay the 2017 property taxes estimated at $25, and title insurance, closing
and recording costs estimated to be less than $500. SUMMARY: The subject parcel is located in an area
known as Palm Beach Heights (part of the Pal-Mar ecosite). As described in a 2017 report prepared by the
County on the Lack of Development Potential of Palm Beach Heights Parcels, most
of the lots in Palm Beach Heights, including the subject parcel, cannot meet
current land development regulations and therefore are not buildable. The parcel owner has offered to donate it to
the County for environmental and passive recreational uses, provided the County
pays the 2017 property taxes, and title insurance, closing and recording
costs. A title policy will be obtained
for the parcel and a pre-acquisition environmental assessment will be performed
by ERM. A boundary survey will not be obtained
due to the remote location and low value of the land. ERM will be responsible for administration of
the property. All costs and fees related
to the property taxes, title insurance, closing and recording will be paid from
the Natural Areas Fund, a non-ad valorem source of funds. This
donation must be approved by a supermajority vote (5 Commissioners). District 1 (HF)
6. Staff recommends
motion to receive and file: Task Assignment Change Order No. 1 to Task
Assignment No. GC913-1 (R2017-1366), Contract No. GC913 (R2017-0838) with the
Florida Department of Environmental Protection (FDEP) providing for an amount
increase per Routine Inspection from $510.40 to $515.50 resulting in a net
increase of $5.10 per Routine Inspection for a total increase of $5,201.04. The
increase will become effective September 1, 2017. SUMMARY: On June 20, 2017, the Board of County
Commissioners (BCC) approved Contract No. GC913 (R2017-0838) with the
FDEP. Task Assignment No. GC913-1, (R2017-1366) was approved by the BCC on
September 12, 2017. This Task Assignment Change order No. 1 will increase the
contract total by $5,201.04 from $520,511.02 to $525,712.06. Delegated authority to sign all future time
extensions, task assignments, certifications and other forms associated with
the Contract was approved on June 20, 2017. Countywide (AH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff
recommends motion to receive and file: the following original executed Independent
Contractor Agreements:
A)
Caroline Ann Karolinko, US
Synchronized Swimming Coach, Aqua Crest Pool, for the period of October 1, 2017
through September 30, 2018;
B)
East Coast Aquatic Club,
LLC, USA Swimming Coach, Aqua Crest Pool, for the period of October 1, 2017
through September 30, 2018;
C)
LB2 Enterprises, Inc.,
d/b/a Palm Beach Masters, US Masters Swimming Coach, Aqua Crest Pool, for the
period of October 1, 2017 through September 30, 2018;
D)
Patricia Ann Fisher, Water
Exercise Instructor, Aqua Crest Pool, for the period of October 1, 2017 through
September 30, 2018;
E)
Gordon Andrews, USA
Swimming Coach, Lake Lytal Pool, for the period of October 1, 2017 through
September 30, 2018;
F)
LB2 Enterprises, Inc.,
d/b/a Palm Beach Masters, US Masters Swimming Coach, Lake Lytal Pool, for the
period of October 1, 2017 through September 30, 2018;
G)
Derek Jones, US Diving
Coach, North County Aquatic Complex, for the period of October 1, 2017 through
September 30, 2018;
H)
Kiril Zahariev, USA
Swimming Coach, North County Aquatic Complex, for the period of October 1, 2017
through September 30, 2018;
I)
LB2 Enterprises, Inc.,
d/b/a Palm Beach Masters, US Masters Swimming Coach, North County Aquatic
Complex, for the period of October 1, 2017 through September 30, 2018;
J)
Mary Lou Putnam, Water
Exercise Instructor, North County Aquatic Complex, for the period of October 1,
2017 through September 30, 2018; and
K)
Stephen Van Coppenolle,
Water Exercise Instructor, North County Aquatic Complex, for the period of
October 1, 2017 through September 30, 2018.
SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted
by the initiating Department as a Receive and File Agenda Item. These Independent Contractor Agreements have
been fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 94-422, amended by
Resolutions 2002-2103, 2007-0409, 2012-0168 and 2017-0822, and are now being
submitted by the Board to receive and file. Districts 1, 2, & 4
(AH)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve: Second Amendment with the Palm Beach County
Officials Association, Inc. to provide softball officials to officiate softball
programs at County recreation facilities for the residents of Palm Beach County
on a Countywide basis renewing the contract for one year to begin January 1,
2018, and to expire December 31, 2018. SUMMARY: On December 17, 2013, Palm Beach County
entered into an Agreement with the Palm Beach County Officials Association,
Inc. (R2013-1836) to provide softball officials to officiate softball programs
at County recreation facilities. The
Agreement provided an initial three year term, which expired on December
31, 2016, with two one year renewal options. The First
Amendment (R2016-1699) renewed the Agreement for the first option period of January 1, 2017 through December 31,
2017. This Second
Amendment renews the Agreement for the second option period of January 1, 2018 through December 31, 2018. All
other terms of the Agreement remain the same. The not-to-exceed value of the
agreement is $387,900.70 for a period of five years beginning January 1, 2014
through December 31, 2018. Countywide (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to receive and file: following documents for the John D. and
Catherine T. MacArthur Safety and Justice Challenge (SJC) Grant:
A) second amendment for a no-cost
contract extension with the Pretrial Justice Institute (PJI) to March 1, 2018
to continue technical assistance to the County on the implementation of a risk
assessment instrument at First Appearance Hearings;
B) second amendment for a no-cost contract
extension with The Lord’s Place (TLP) to February 28, 2018 to continue
technical assistance on the implementation of the Frequent User System
Engagement (FUSE) Project; and
C) first amendment for a contract
increase from $30,000 to $190,000 to recognize additional MacArthur grant funds
allocated to Florida State University (FSU) to perform a validation study of
the new Risk Assessment Instrument and a contract extension to September 30,
2019 to reflect the timeframe for the new grant funds and this project.
SUMMARY: Palm Beach County was awarded $150,000
from the MacArthur Foundation’s SJC Grant Program on April 1, 2016. The grant
continued the County’s participation in the MacArthur SJC Network of 20
national sites that are working to reform their local criminal justice systems
by reducing their jail populations. The grant award agreement was approved by
the Board on May 3, 2016 (R2016-0577). Contracts from these funds with PJI and
TLP were approved by the Board on June 21, 2016 with the first amendments
executed on April 11, 2017 and the second amendments executed on September 5,
2017 on behalf of the Board by the Executive Director of the Criminal Justice
Commission, Kristina Henson, in accordance with R2016-0810 and 0811. The
contract with FSU from these funds was approved by the Board on December 6,
2016 and the first amendment executed on October 26, 2017 on behalf of the
Board by Kristina Henson, in accordance with R2016-1806. The additional
$160,000 of the FSU contract is provided through a new grant award of
$2,000,000 from the MacArthur Foundation on October 2, 2017 as approved by the
Board on November 7, 2017. Countywide (DC)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: executed First Amendment to Contract for
Professional Services with the Child Protection Team of Palm Beach, Inc. (CPT)
(R2016-1720) to increase the contract amount beginning October 1, 2017, by $50
for each medical evaluation and to increase the total not-to-exceed contract
amount to $743,750 for the period October 1, 2016 through September 30, 2019. Summary: On November 22, 2016, the County entered into
a contract with CPT to provide medical evaluations for children birth-17 years
of age who reside in Palm Beach County and are alleged victims of abuse,
neglect and/or abandonment, excluding sexual abuse, and are referred to CPT by
law enforcement, Department of Children and Families (DCF), and/or the
courts. This amendment increases the
contract amount by $50 for each medical evaluation for up to 875 children, per
fiscal year beginning October 1, 2017, based on a review of CPT’s cost and a
survey of other county reimbursement rates.
During the FY 18 budget process the Board of County Commissioners
approved a rate increase from $250 to $300 per exam for a not-to-exceed amount
of $262,500 per fiscal year. R2013-1230 authorizes the County Administrator or
designee to execute contracts and amendments/modifications
with Child Protection Team of Palm Beach, Inc. on behalf of the Board of County
Commissioners. Countywide (LDC)
2. Staff recommends motion
to:
A)
receive and file following
two executed agreements with the State of Florida, Division of Emergency
Management (FDEM) to receive grant funding for the period July 1, 2017 through
June 30, 2018 to improve and enhance emergency management plans and programs
and provide operational support to maintain state required programs:
1. State-funded Grant Agreement
(18-BG-W9-10-60-01-193) for FY2017-18 in the amount of $115,806 for the
Emergency Management Preparedness and Assistance (EMPA) Grant;
2. Federally-funded Sub-award and Grant
Agreement (18-FG-7A-10-60-01-194) for FY2017-18 in the amount of $268,914 for
the Emergency Management Performance Grant (EMPG); and
B) approve
budget amendment of $292,767 in the Emergency Management Preparedness and
Assistance Fund to adjust the EMPA grant award by $89,354 to the actual award
of $115,806, and the EMPG grant by $203,413 to the actual award of $268,914.
Summary: The EMPA grant is state funded
while the EMPG grant is federally funded, both grants recur annually. These funds are used to enhance and improve
emergency management plans and programs and provide operational support. The
grants will be used to further enhance emergency planning, response, mitigation
and recovery in the County. The EMPA and
EMPG contracts both underwent significant changes through FDEM’s attorneys,
delaying the approval process. R2012-1731 dated November 20, 2012 gave
authority to the County Administrator, or designee, to execute these agreements
on behalf of the Board of County Commissioners.
The EMPA grant requires
a match at the lesser of the Division of Emergency Management's general revenue
funding average for the last three fiscal years or the level of funding for the
last fiscal year. A dollar for dollar
match is required for the EMPG grant. Match requirements are included in the
County budget. Countywide (LDC)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to adopt: Resolution of
the Board of County Commissioners of Palm Beach County, Florida, authorizing
the County Administrator or designee to sign the FY 2017-2018 annual Emergency
Medical Services (EMS) county grant application for $201,688 and sign the EMS
grant program change request forms related to the grant after the approval of
the application by the Florida Department of Health, Bureau of EMS and forward
same to the State of Florida Department of Health, Bureau of EMS. Summary: The EMS County Grant is an annual grant
provided to Palm Beach County from the Florida Bureau of EMS, to improve and
expand the EMS system. The funds are
used to purchase EMS equipment which is distributed to EMS providers and other
agencies that are eligible for EMS grant funding. No county matching funds are required for this grant. Countywide (LDC)
4. Staff recommends
motion to receive and file: following executed Interlocal Agreements
for reimbursement from Emergency Medical Services (EMS) grant funding for
medical equipment:
1. City of West Palm Beach;
2. City of Riviera Beach; and
3. Town of Palm Beach.
Summary: The County was awarded $193,474 during the FY
2016-17 grant cycle from the State of Florida Department of Health, Bureau of
EMS, to improve and expand the EMS systems.
The grant funding may be used by the County or municipal agencies to
purchase EMS equipment and accordingly, the County has agreed to reimburse the
municipalities as follows: 1) City of West Palm Beach for the purchase of two
patient transport stretchers not to exceed the amount of $31,050; 2) the City
of Riviera Beach for the purchase of six video laryngoscopes and six portable
ventilators not to exceed the amount of $9,350; and 3) the Town of Palm Beach
for the purchase of an adult simulation lab not to exceed the amount of
$25,000. The remaining EMS grant funding will be used to purchase EMS equipment
for the benefit of the citizens of the County and surrounding municipal agencies. On August 13, 2013, the County Administrator
or designee was authorized to execute these standard agreements between the
County and various governmental and non-governmental/private entities and make
non-substantive and ministerial changes on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney’s
Office, and within budgeted allocations.
There is no ad valorem funding required. Countywide (LDC)
DECEMBER 5, 2017
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
5. Staff recommends
motion to receive and file:
A)
Proclamation of State of Local Emergency beginning September 6, 2017;
and Extension of Proclamation of State of Local Emergency Extension expiring
November 3, 2017;
B)
Order to Reduce Vulnerability;
C)
Curfew Order dated September 4, 2017;
D)
Curfew Order modified September 9, 2017;
E)
Curfew Order modified September 12, 2017;
F)
Curfew Order modified September 13, 2017; and
G)
Curfew Order modified September 14, 2017.
Summary: Beginning
September 6, 2017 at 12:00 a.m., Palm Beach County declared a State of Local
Emergency due to the impending arrival of Hurricane Irma. The State of Local Emergency was declared to
initiate emergent actions taken by the County Administrator to ensure the
health, safety and welfare of the community.
The previously declared State of Local Emergency was extended until
November 3, 2017. The Order to Reduce
Vulnerability (Evacuation Order) for Zone A, Zone B, Zone C (voluntary only),
Zone E, Lake Okeechobee and the Glades area, was issued on September 8, 2017,
at 10:00 a.m. as a result of the Governor’s Evacuation Order. The Curfew Order was issued on September 9,
2017, at 3:00 p.m. and was modified four times due to the effects of rain, high
winds, and power outages in Palm Beach County as part of Hurricane Irma’s
impact. Countywide (LDC)
6. Staff recommends a
motion to:
A) receive
and file executed State-Funded Grant Agreement for Hazardous Materials
Contingency Planning (18-CP-11-10-60-01-159) with the State of Florida,
Division of Emergency Management (FDEM) for the period of July 1, 2017
through June 30, 2018, in the amount of $23,356; and
B) approve budget
amendment of $23,356 in the Emergency Management Grant Fund to recognize the
grant award.
Summary: This is an annual grant from the State of
Florida Division of Emergency Management to conduct on-site visits and
hazardous materials analyses at facilities within Palm Beach County known to
have extremely hazardous substances designated by the U.S. Environmental
Protection Agency. These assessments are
required for compliance with the Emergency Planning and Community Right-To-Know
Act (EPCRA), also known as the Superfund Amendments and Reauthorization Act
(SARA). Resolution R2012-1731 authorized
the County Administrator or designee to execute these agreements on behalf of
the Board of County Commissioners.
Although the grant period began on July 1, 2017, the County did not
receive the executed agreement from FDEM until October 16, 2017. No County matching funds are required for
this grant. Countywide (LDC)
* * * * * * * * * * * *
DECEMBER 5, 2017
4. REGULAR AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
December 19, 2017 at 9:30 a.m.:
Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, establishing the “Prohibition of Conversion Therapy on Minors
Ordinance”; providing for
intent; providing for a title; providing for applicability; providing for
definitions; providing for violations; providing for penalties; providing for
enforcement; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the code of laws and ordinances;
providing for captions; and providing for an effective date. SUMMARY:
The Board of County Commissioners directed the County Attorney to draft an
ordinance of countywide application banning the practice of conversion therapy
on minors. The Prohibition of Conversion
Therapy on Minors Ordinance will protect the physical and psychological
well-being of minors, including lesbian, gay, bisexual, transgender and/or
questioning (LGBTQ) youth, from exposure to the serious harms and risks caused
by conversion therapy by licensed providers. The Ordinance excludes from the
definition of “provider” members of the clergy who are acting in their roles as
pastoral counselors. To date, eight municipalities in Palm Beach County have
enacted similar ordinances, and seven of those ordinances include fines ranging
from $250 to $500 per violation. The County’s Ordinance will be applicable
within the unincorporated areas of Palm Beach County, and in all municipalities
that have not adopted an ordinance in conflict. Countywide (HH)
B. HOUSING AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve: Consent
for Barbara Bejarano, a relative of a Palm Beach County employee, to receive
State Housing Initiatives Partnership (SHIP) Program funds under the Owner
Occupied Housing Rehabilitation Program as administered by the Department of
Housing and Economic Sustainability (HES). SUMMARY: Barbara Bejarano is an income eligible applicant who is
seeking to receive up to $45,000 in a deferred forgivable loan under the Owner Occupied Housing Rehabilitation
Program. Barbara Bejarano is the mother
of Leonardo Bejarano who is presently employed by HES and who has been a County
employee since January 2016. HES
contacted all individuals on the waiting list (1,032) and advised them that
they were able to apply for assistance.
Barbara Bejarano was on the waiting list and she applied for assistance on July 25, 2017. She was income certified on August 29,
2017. Applicants are income certified
and funded on a first qualified, first approved basis as long as funds are
available. Barbara Bejarano is seeking
to rehabilitate her home at 2556 Inisbrook Road in Riviera Beach. It is a 1,317 square feet dwelling with three
bedrooms and two bathrooms. The County’s
second mortgage will be a deferred loan that is forgiven at the end of 15 years
as long as the home remains the homeowner’s primary residence. If the homeowner rents, sells, or otherwise
conveys the home during the 15 years, the entire principal amount will become
due and payable. These are State SHIP grant funds, which
require no local match. District
7 (JB)
DECEMBER 5, 2017
4. REGULAR AGENDA
B. HOUSING
AND ECONOMIC SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to:
A) approve Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $235,290.68 to Georgian Gardens Apartments, LLC (GGA) for the Georgian
Gardens Apartments project;
B) authorize Mayor to execute a Certificate of Award to
be released to the recipient pursuant to IFAHAP Guidelines;
C) approve budget transfer of $221,098 in Impact Fee
Assistance Program – Roads Zone 2 to appropriate funds for GGA;
D) approve budget transfer of $1,693 in Impact Fee
Assistance Program – Parks Zone 2 to appropriate funds for GGA; and
E) approve budget transfer of $12,501 in Impact Fee
Assistance Program – Public Building to appropriate
funds for GGA.
SUMMARY: On April 16
and 19, 2017, the Department of Housing and Economic Sustainability issued a
Notice of Funding Availability (NOFA) making $1,194,948 in IFAHAP funding
available from Palm Beach County’s Fiscal Year 2016 funding cycle. GGA submitted a request for assistance in
response to the NOFA on April 19, 2017.
Staff recommends that up to $235,290.68 be provided as a credit for impact fees
associated with the Georgian Gardens Apartments project. GGA will be given credits for Roads Zone 2
Impact Fees ($221,097.56), Parks Zone 2 Impact Fees ($1,692.96) and Public
Building Impact Fees ($12,500.16) for the construction of Georgian Gardens
Apartments. GGA will pay impact fees
above the allocated $235,290.68.
The project is located at 4330 Community Drive in West Palm Beach and
will have 87 rental units for the elderly with a multi-purpose community room
for resident programs and activities catered to the residents, a fitness center
and a touchpad secure entry system into the building. According to IFAHAP requirements, all units
will be rented to households with incomes no greater than 140% of Area Median
Income (AMI). The assisted units will be
deed-restricted to remain affordable for no less than 15 years. These funds
are from interest earned by the Impact Fee Fund. District 7 (JB)
DECEMBER 5, 2017
4. REGULAR AGENDA
B. HOUSING
AND ECONOMIC SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to:
A) approve Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $14,495.90 to BDG Banyan Court, L.P. (BDG) for the Banyan Court project;
B) authorize Mayor to execute a Certificate of Award to
be released to the recipient pursuant to IFAHAP Guidelines; and
C) approve budget transfer of $14,496 in Impact Fee
Assistance Program – Public Building to appropriate
funds for BDG.
SUMMARY: On April 16
and 19, 2017, the Department of Housing and Economic Sustainability issued a
Notice of Funding Availability (NOFA) making $1,194,948 in IFAHAP funding
available from Palm Beach County’s Fiscal Year 2016 funding cycle. BDG submitted a request for assistance in
response to the NOFA on April 20, 2017.
Staff recommends that up to $14,495.90 be provided as a credit for impact fees
associated with the Banyan Court project. BDG will be given credits for Public
Building Impact Fees ($14,495.90) for the construction of Banyan Court. BDG will pay impact fees above the allocated
$14,495.90. The project is
located at 1716 3rd Avenue North in Lake Worth and will have 85
rental units with a clubhouse and a meeting room. Resident services will include literacy
training, employment assistance programs and financial management programs. According to IFAHAP requirements, all units
will be rented to households with incomes no greater than 140% of Area Median
Income (AMI). The assisted units will be
deed-restricted to remain affordable for no less than 15 years. These funds
are from interest earned by the Impact Fee Fund. District 3 (JB)
4. Staff recommends
motion to adopt: resolution of the Board of County Commissioners of
Palm Beach County, Florida, authorizing the issuance of the County's Revenue
Bonds, (Tuscan Gardens of Delray Beach Project), Series 2017 Bonds, in the
aggregate principal amount of not exceeding $9,500,000 for the purpose of
providing funds to make a loan to Tuscan Gardens of Delray Beach Properties,
LLC or any one or more affiliates thereof (the Borrower) to provide funds to
finance, refinance or reimburse all or a portion of the acquisition,
construction, development, installation and equipping of a senior living
facility and the underlying land, including related facilities, fixtures,
furnishings and equipment and to pay the costs of issuing the Bonds;
authorizing the execution and delivery of loan agreement with the Borrower and
a trust indenture; awarding the sale of the Bonds by a negotiated sale;
authorizing officials of the County to take certain action in connection with
the issuance of the Bonds; making certain other covenants and agreements in
connection with the issuance of the Bonds; and providing an effective date. SUMMARY:
The Borrower has requested that the County issue its industrial development
revenue bonds in an amount not to exceed $9,500,000. Bond proceeds will be used to finance,
refinance or reimburse all or a portion of the acquisition, construction,
development, installation and equipping of a senior living facility and the underlying
land, including related facilities, fixtures, furnishings and equipment, to be
located on approximately 7.5 acres at the southwest corner of the intersection
of Frost Lane and Sims Road in unincorporated Palm Beach County. Pursuant to Section 147(f) of the Internal
Revenue Code of 1986, as amended, the Board of County Commissioners held a
TEFRA Public Hearing on December 20, 2016, and approved the Borrower’s
application for the issuance of up to $45,000,000 in bonds. 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. District 5 (DB)
DECEMBER 5, 2017
4. REGULAR AGENDA
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
Tuesday, December 19, 2017 at 9:30 a.m.: Ordinance amending Ordinance
No. 85-40, as amended, establishing an amended Five Year Road Program;
providing for title; purpose; adoption of revised Five Year Road Program and
revised list of projects contained in Exhibit “A”; implementation of the Program;
modification of Program; funding of other roadway improvements, interpretation
of exhibit; repeal of laws in conflict; severability; inclusion in the Code of
Laws and Ordinances; and effective date.
SUMMARY: This is the Annual Update of Palm Beach
County’s Five Year Road Program which is required to be considered each year by
the Five Year Road Program Ordinance.
Exhibit “A” to the Ordinance is a list of proposed projects for the next
five years and contains certain changes and modifications. This list is submitted for the Board of
County Commissioners’ consideration on preliminary reading today with the final
list to be approved with the Ordinance at public hearing on Tuesday, December
19, 2017. Countywide (LBH)
D. PLANNING, ZONING &
BUILDING
1. Staff recommends
a motion to approve on preliminary reading and advertise for
public hearing on December 19, 2017, at 9:30 a.m.:
Ordinance
of the Board of County
Commissioners of
Palm Beach County, Florida, Repealing Ordinance 2015-028 Palm Beach County Amendments to the Florida Building
Code (FBC), 2014 Edition, Chapter 1, “Administration” (FBC-Building) and
Figures 1609.1 A, B and C, Basic Wind Speed Maps (FBC-Building), and Appendix
F, “Construction Building Codes for Turf and Landscape Irrigation Systems”
(FBC-Plumbing); Adopting the Palm Beach County Amendments to the Florida
Building Code (FBC), 6th Edition (2017), Chapter 1, “Administration”
(FBC-Building), and Figures 1609.3 (1), (2), and (3), Basic Wind Speed Maps
(FBC-Building), and Appendix F, “Proposed Construction Building Codes for Turf
and Landscape Irrigation Systems” (FBC-Plumbing); Providing for Applicability;
Providing for Repeal of Laws in Conflict; Providing for Inclusion in the Code
of Laws and Ordinances; Providing for a Savings Clause; Providing for
Severability; and Providing for an Effective Date. SUMMARY: The Florida
Legislature enacted Florida Statute Section 553.73, mandating a statewide
Florida Building Code (FBC), allowing local governments to adopt their own
Administrative Chapter of the FBC. This
proposed ordinance adopts an updated Chapter 1 “Administration” of the FBC 6th
Edition (2017) applicable to the
unincorporated area of Palm Beach County, and in those municipalities having an
Interlocal Agreement for the provision of County plan review and inspection
services. As in past code updates, this
Administrative Chapter 1 is based upon a model developed by the Building
Officials Association of Florida (BOAF) which was further refined by the Palm
Beach County Building Code Advisory Board (BCAB) and adapted specifically to
align with Palm Beach County
regulations. Figures 1609.3 (1), (2),
and (3) have been renumbered pursuant to changes in the FBC 6th
Edition (2017) in accordance with Florida Statute Section 553.73, which provides
for local governments to establish specific wind speed/wind borne debris lines
using physical landmarks, whenever possible. This proposed ordinance also
repeals and re-adopts an updated FBC 6th Edition (2017) Appendix F
of the FBC-Plumbing volume regulating new irrigation systems helping to
conserve water and protect the public water supply. Unincorporated (AH)
DECEMBER 5, 2017
4. REGULAR AGENDA
E. COUNTY ATTORNEY
1. Staff requests
Board direction:
A) whether to pursue litigation regarding
the opioid epidemic in Palm Beach County; and, if so,
B) the selection process to be utilized
for retaining outside counsel to represent the County.
SUMMARY: On July 11, 2017, the Board of County Commissioners (BCC)
directed staff to explore the possibility of filing a lawsuit to address the
impact on Palm Beach County (County) caused by the opioid epidemic. Extensive
research revealed that over eighty governmental entities nationwide have filed
suit against opioid manufacturers, distributors, pharmacies, and/or doctors in
both state and federal courts. Most of
the lawsuits are in the initial pleading phase. Currently, no Florida
government entities have filed suit. At the time of this writing, 14 firms have
expressed an interest in representing the County. Should the BCC desire to commence litigation,
staff recommends a formal competitive selection process. The County Attorney’s
Office would develop a Request for Proposal, convene a selection committee to
review the proposals, and either recommend one firm/team of firms to the BCC
for approval, or, in the alternative, go through the same process yet
short-list three firms/teams for BCC consideration and selection. Countywide
(KP)
F. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: termination
of the Lease Agreement (R2017-0896) dated July 11, 2017, with Palm Beach
Imports, Inc. d/b/a Braman Motorcars (Braman) for the use of the vacant field
within the Cherry Road Complex located at 4215 Cherry Road, West Palm
Beach. SUMMARY: On July 11, 2017,
the Board approved a Lease Agreement with Braman to allow use of approximately
1.54 acres of vacant land within the County’s Cherry Road Complex for storing
Braman’s vehicles while constructing a new parking garage at its headquarters
on Okeechobee Boulevard. The Lease
Agreement commenced on July 11, 2017, at an annual rate of $54,000
($4,500/monthly). Either party may
terminate the Lease Agreement for any reason upon 90 days notice. Code requirements for this type of use turned
out to be much more extensive and expensive than anticipated. As a result, on October 23, 2017, Braman
submitted a notice to terminate the Lease Agreement and is requesting a refund
of rental payments for the months of July through October 2017 totaling
$16,548.36. As Braman never occupied the
property, Staff recommends that the Lease be terminated effective immediately and
the rental payments be refunded. (PREM) District
7 (HJF)
DECEMBER 5, 2017
4. REGULAR AGENDA
G. FIRE RESCUE
1. REVISED
SUMMARY: Staff
recommends motion to approve on
preliminary reading and advertise for public hearing on December 19, 2017 at
9:30 a.m.: Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, providing that the updated Florida
Fire Prevention Code shall be deemed adopted; providing for local amendments to
the Florida Fire Prevention Code; repealing and replacing Chapter 12, Article
IV, Sections 12-56 and 12-57, of the Palm Beach County Code (codifying
Ordinance 2014-042) in its entirety; providing for legislative findings; providing
for applicability; providing for repeal of laws in conflict; providing for a
savings clause; providing for severability; providing for inclusion in the
code; and providing for an effective date.
SUMMARY: Pursuant to
Chapter 633, Florida Statutes, every three years the
State Fire Marshal has adoptsed an updated statewide
minimum firesafety code, known as the Florida Fire Prevention Code, in Rule
Chapter 69A-60 of the Florida Administrative Code. This updated Florida Fire
Prevention Code will become effective on December 31, 2017, and is based
on updated Florida editions of the National Fire Protection Association’s Fire
Code (NFPA 1) and Life Safety Code (NFPA 101). The attached updated Palm Beach County Local Amendments to
the Florida Fire Prevention Code are were recommended by staff
and/or the Fire Code Board of Appeals and Adjustments for approval by the Board
of County Commissioners. Some of the recommended changes to the local
amendments include increasing fees for plan review and inspections. Effective
December 31, 2017, tThe County will enforce the updated Florida Fire
Prevention Code with the updated Palm Beach County Local Amendments
adopted by this Ordinance effective December 31, 2017, or upon the State’s
adoption of the updated Florida Fire Prevention Code, or up the date this
Ordinance is filed with the Department of State, whichever date is latest. Countywide (SB)
2. REVISED MOTION:
Staff
recommends motion to approve and ratify: side
agreement amending Article 27 - Uniforms, to the Collective Bargaining
Agreement with the Professional Firefighters/Paramedics of Palm Beach County,
Local 2928, IAFF, Inc. SUMMARY: Both parties are requesting a side
agreement to the current Collective Bargaining Agreement, October 1, 2015 –
September 30, 2018 (R2016-1061). This side agreement addresses changes to
“Article 27 – Uniforms” regarding the issuance of polo shirts to all
operational personnel, as well as changes to the guidelines for wearing the
daily uniform for Class C (short sleeve dress shirt) and Class D (polo shirt).
It was agreed that the requirement for issuance of four polo shirts provided to
new operational personnel would be removed. Additionally, tee shirts, rather than
polo shirts, will now be worn as part of the daily uniform by operational
personnel at the rank of Company Officer and below, with the exception of
public/educational events where Class C uniforms shall be worn. Along with
Battalion Chiefs, EMS Captains would now be allowed to wear Class D uniforms. Countywide
(SB)
H. AIRPORTS
1. Staff recommends
motion to approve: Interlocal
Agreement with the Town of Palm Beach regarding airport zoning regulations. SUMMARY: This Interlocal Agreement with
the Town allows for the adoption of consistent airport zoning ordinances
regulating certain land development activity in the vicinity of Palm Beach
International Airport, pursuant to Chapter 333 of the Florida Statutes. Countywide
(LB)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS
THE CHILD CARE FACILITIES BOARD
DECEMBER 5, 2017
5. BOARD
OF COUNTY COMMISSIONERS SITTING AS
THE CHILD CARE FACILITIES BOARD
A. HEALTH DEPARTMENT
1. Staff recommends
motion to approve: reappointment
of two members to the Child Care
Advisory Council to respectively fill the positions of a representative who
operates a parochial child care facility, and a representative who is a
consumer protection enforcement official.
The reappointments will expire September 30, 2020.
NOMINEE: SEAT #: REQUIREMENT: NOMINATED BY
Louise Mancini 3 Represents
and operates Staff
a parochial facility.
Terry D. Newton 4 Consumer
Protection Staff
Enforcement Official.
SUMMARY:
The Child Care Advisory
Council is comprised of seven members who serve at the pleasure of the Board of
County Commissioners. Members must
consist of two members who represent and operate private child care facilities
in Palm Beach County, one of whom operates a family day care home or large
family child care home; one member who represents and operates a parochial
child care facility in Palm Beach County; one consumer protection enforcement
official; one member for fire protection, engineering or technology; and one
member who, at the time of appointment, was the parent of a child attending a
child care facility in Palm Beach County; and one representative from the
Florida Department of Children and
Families. The applicant for reappointment to Seat # 3, Louise Mancini, is the
Pre-school Director of Atlantic Christian Academy of the Palm Beaches. She is a Caucasian female. The applicant for reappointment to Seat #4,
Terry Newton, is an investigator with the Palm Beach County Division of
Consumer Affairs. He is an
African-American male. With this
approval, the Council will consist of six members: African-Americans: 2
(33.33%); Caucasians: 4 (66.67%). The
gender ratio (female:male) is 5:1. Countywide (HH)
* * * * * * * * * * * *
ADJOURN
AS THE CHILD CARE FACILITIES BOARD
RECOVENE
AS THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 5, 2017
6. BOARD
APPOINTMENTS
A. PUBLIC SAFETY
1. Staff recommends
motion to approve: one “At
Large” Appointment to the Emergency Medical Services Advisory Council
(EMS Council) for the term indicated:
Appoint one member for the term from
December 5, 2017 to September 30, 2020
|
Nominee
|
Seat No.
|
Seat Requirement
|
Nominated by:
|
|
Dr. Riddhi Bowry
|
7
|
Emergency Room
Physician
JFK Medical
Center
|
Commissioner
Burdick
|
|
OR
|
|
Dr. Adam
Bromberg
|
7
|
Emergency Room
Physician Wellington Regional Hospital
|
Self
|
|
OR
|
|
Dr. George Gurdock
|
7
|
Emergency Room
Physician
Good Samaritan
Medical Center
|
Self
|
|
OR
|
|
Dr. Adam Isacoff
|
7
|
Emergency Room
Physician
St. Mary’s
Medical Center
|
Self
|
|
OR
|
|
Dr.
Craig Kushnir
|
7
|
Emergency Room
Physician Bethesda Memorial Hospital
|
EMS Advisory
Council
Commissioner Kerner
Commissioner Abrams
|
|
OR
|
|
Dr. Richard Paley
|
7
|
Emergency Room
Physician
St. Mary’s
Medical Center
|
Commissioner McKinlay
|
|
OR
|
|
|
|
|
Dr. Jason Sevald
|
7
|
Emergency Room
Physician
Palm Beach
Gardens Medical Center
|
Self
|
|
OR
|
|
|
|
|
Dr. Giovanna
Ungaro
|
7
|
Emergency Room
Physician
West Boca
Medical Center
|
Self
|
SUMMARY: Per Resolution R2014-0100, the Board of
County Commissioners approved a representative make-up of the EMS Council to
include 20 members. 13 members are representatives of the various components of
the EMS system with specific requirements and seven members are Commission
District Consumer appointments. A memo was sent to all Board members on August
7, 2017, seeking a nomination for the above at-large seat. The EMS Council has
20 seats, 15 are currently filled. The diversity of the current board members
is as follows: Caucasians: 14 (93%); African American: 1 (7%). The gender ratio
(female:male) is 4:11. Countywide (LDC)
DECEMBER 5, 2017
6. BOARD
APPOINTMENTS
A. PUBLIC SAFETY (Cont’d)
2. Staff recommends
motion to approve: appointment/reappointment
of the following individuals to the Emergency Medical Services Advisory
Council (EMS Council) for the term from
December 5, 2017 to September 30, 2020.
|
NOMINEE
|
SEAT
No.
|
DESIGNATION
|
NOMINATED
BY
|
|
Brian Fuller
|
5
|
PBC EMS Providers
|
PBC EMS Providers
|
|
Roger Kirk (Reappointment)
Bethesda Health
|
18
|
PBC Independent Hospital CEO
|
Self
Commissioner Abrams
|
|
OR
|
|
Robbin Lee
Wellington Reg Hosp.
|
18
|
PBC Independent
Hospital CEO
|
Self
Commissioner Burdick
Commissioner McKinlay
|
|
Gina Melby (Reappointment)
JFK Medical Center
|
19
|
PBC HCA Hospital CEO
|
HCA East Florida Division
|
|
Gabrielle Finlay-Hazel
St. Mary’s Med Center
|
20
|
PBC Tenet Hospital CEO
|
Tenet Health
|
SUMMARY: Per Resolution R2014-0100, the Board of
County Commissioners approved a representative make-up of the EMS Council to
include 20 members. Thirteen members are
representatives of the various components of the EMS system with specific
requirements and seven members are Commission District Consumer appointments. A
memo was sent to all Board members on August 7, 2017, seeking a nomination for
the above at-large seats. The EMS Council has 20 seats, 15 are currently
filled. The diversity of the current board members is as follows: Caucasians:
14 (93%); African American: 1 (7%). The gender ratio (female:male) is 4:11. Countywide
(LDC)
