March 22, 2022
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MARCH 22, 2022
PAGE ITEM
17 3L-2 MOVED TO REGULAR (NOW 5J-1)
40 5F-1 REVISED
SUMMARY: All Traffic Impact Study and Land Use Traffic Study review
applications must be accompanied by the associated required fee. Fees are applied
countywide, including municipalities. Since the Board of County Commissioners
approved the original application fees on April 15, 2008, the fees have not
changed, whereas staff costs have increased. Adopting this resolution will
amend the application fees to account for current staff review costs, as well
as establish a method to adjust the fees to automatically increase to match the
increase in the Consumer Price Index (CPI) on October 1st
of each year. Fees will increase 10% every year until after the 5th
year, when fees will increase based on the CPI. On October 21, 2021, the
Engineering Department sent notice of the proposed fee changes to the Palm
Beach Chapter of the Florida Engineering Society (FES) and The Gold Coast
Builders Association (GCBA). A meeting
with the GCBA Executive Officer was held and addressed
their comments. No feedback was received from FES. (Eng)
41 5I-1 ADD-ON: Staff recommends motion to approve: A) participation in the Settlement Agreement
and Release between the State of Florida and Endo Health Solutions and Endo
Pharmaceutical Inc., (Endo) and authorize the Mayor to execute the Subdivision
Settlement and Participation Form sought by Florida’s Attorney General in
furtherance of a settlement against Endo in the National Multidistrict Opioid
Litigation; and B) an inter-local agreement with Municipalities
that contain more than 50% of the total population of municipalities in order
to meet the requirements of the Florida Plan as a Qualified County. SUMMARY: On February 8, 2022, the Board of County Commissioners
(BCC) granted the County Attorney’s request to schedule a private meeting for
an attorney-client session between the Board of County Commissioners, the
County Administrator, County Attorney, Chief Assistant County Attorney and
outside counsel, pursuant to Section 286.011(8), Florida Statutes. The meeting
was requested to discuss settlement negotiations of pending litigation in which
Palm Beach County is presently a party: In re: National Prescription Opiate
Litigation, Case Number: MDL 2804 (N.D. Ohio); and Palm Beach County v.
Purdue Pharma; et al., Case Number: 1:18-op-46121-DAP (N.D. Ohio). Based on
the March 8, 2022, private meeting for the attorney-client session, staff
recommends the BCC to approve participation in the Settlement Agreement and
Release between the State of Florida and Endo, and authorize
the Mayor to execute the Subdivision Settlement and Participation Form. Further, the County worked with the Palm
Beach County League of Cities to secure inter-local agreements with Palm Beach
County Municipalities that represent a more than 50% of municipalities’ total population
as required by the Florida Plan. Countywide (DO) (Attorney)
NOTE: Items that were revised,
added, deleted, or backup submitted and were not listed
on the preliminary addition/deletion sheet distributed to the Board the prior
day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 22, 2022
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT AGENDA (Pages 7-29)
4. PUBLIC
HEARINGS - 9:30 A.M. (Pages 30-34)
BOARD OF COUNTY COMMISSIONERS
SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Page 35)
5. REGULAR AGENDA (Pages 36-41)
6. BOARD APPOINTMENTS (Page 42)
7. STAFF
COMMENTS (Page 43)
8. BCC
COMMENTS (Page 44)
9. ADJOURNMENT (Page 45)
* * * * * * * * * * *
MARCH 22, 2022
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Receive
and file report of plat recordations from April 1,
2021 through September 30, 2021
D. COUNTY ATTORNEY
Page 7
3D-1 Settlement
agreement with Maria V. Costanzo
3D-2 Settlement
agreement with Irene M. Zambrano
E. COMMUNITY SERVICES
Page 8
3E-1 Appointments
to the Palm Beach County HIV CARE Council
Pages 9-10
3E-2 Contracts
with agencies for recovery services
F. AIRPORTS
Page 11
3F-1 Receive
and file aeronautical permit with Baggage Express LLC for support services to
airlines
3F-2 Change
order to amendment to contract with The Morganti
Group, Inc. for the Escalator Replacement project at Palm Beach International
Airport
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 12
3H-1 Receive and file
equipment use agreement with Ric L. Bradshaw for use
of a bucket truck
3H-2 Water Treatment Plant No. 8 Plat
Page 13
3H-3 Quit Claim Deed
from the Solid Waste Authority for a portion of 95th Avenue South
Page 14
3H-4 Change order to Amendment to contract with
Kaufman Lynn Construction, Inc. for the Canyon District Park project
Page 15
3H-5 Amendment to
contract with D. Stephenson Construction, Inc. for the Homeless Resource Center
2 project
MARCH 22, 2022
TABLE OF CONTENTS
CONSENT AGENDA
K. WATER UTILITIES
Page 16
3K-1 Subordination
of County Utility Interests to the State of Florida Department of
Transportation for the easement located south of Atlantic Avenue and east of SR
7
3K-2 Work authorization to contract with
Hinterland Group Inc. for the Lift Station No. 0127 Improvements project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 17
3L-1 Receive and file change order to the grant
agreement with the State of Florida, Department of Environmental Protection for
the Palm Beach Resilient Island project
3L-2 Updated Management Plan for Jupiter Ridge
Natural Area
M. PARKS & RECREATION
Page18
3M-1 Budget documents
for the Park Ridge Golf Course Greens Renovation project
U. INFORMATION SYSTEMS SERVICES
Page 18
3U-1 Receive and file Notice of Termination of
Interlocal Agreement with the Town of Lantana for the Hypoluxo Island Gas line
Z. RISK MANAGEMENT
Page 19
3Z-1 Renewal of insurance policies with Risk
Management Associates, Inc.
AA. PALM TRAN
Page 20
3AA-1 Resolution affirming the BCC’s desire to continue as the Community
Transportation Coordinator
3AA-2 Fiscal Year 2022 Certifications and Assurances to the Federal
Transit Administration
MARCH 22, 2022
TABLE OF CONTENTS
CONSENT AGENDA
CC. SHERIFF
Page 21
3CC-1 Receive and file grant modifications with the Office of National
Drug Control Policy for the Narcotics Task Force and the Maritime RADAR project
Page22
3CC-2 Modification Notices with the U.S. Department of Homeland Security,
Transportation Security Administration for five canine teams at Palm Beach
International Airport
Page 23
3CC-3 Receive and file grant modification with the Office of National Drug
Control Policy for the Palm Beach County Narcotics Task Force
3CC-4 Subaward and grant agreement for a FY21
State Homeland Security Grant for specialty team equipment
Page 24
3CC-5 Subgrant agreement from the State of
Florida Department of Transportation for expanded scope and capacity of
toxicology testing
3CC-6 Budget transfer from the Federal Treasury Law Enforcement Trust Fund
for law enforcement training and education
Page 25
3CC-7 Receive and file modification to subgrant
agreement with the Florida Division of Emergency Management for specialty team
equipment
Page 26
3CC-8 Budget transfer from the Law Enforcement Trust Fund for crime
prevention activities
Page 27
3CC-9 Grant award from the Florida Department of Law Enforcement for the
FY22 Identity Theft and Fraud Grant Program
DD. OFFICE OF COMMUNITY
REVITALIZATION
Page 28
3DD-1 Installation of speed humps in three CCRT
communities
EE. TOURIST DEVELOPMENT COUNCIL
Page 29
3EE-1 Receive and file FY2022 grant agreement with
Palm Beaches Marathon, LLC for promotion of the Garden of Life Palm Beaches
Marathon
3EE-2 Receive and file FY2022 grant agreement with
Equestrian Sport Productions, LLC for promotion of the Holiday & Horses
Circuit
MARCH 22, 2022
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
A. PALM TRAN
Page 30
4A-1 Resolution approving submission of grant
application for replacement of paratransit vehicles
Pages 31-32
4A-2 Electronic grant application with the
Federal Transit Administration for replacement of buses
B. OFFICE OF
FINANCIAL MANAGEMENT AND BUDGET
Page 33
4B-1 Resolution approving Fiscal Year 2022
mid-year budget amendments and transfers
C. PLANNING,
ZONING & BUILDING
Page 34
4C-1 Ordinance amending the Mortgage Foreclosure
Registration Ordinance
BOARD OF COUNTY
COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
Page 35
4D-1 Ordinance amending the Palm Beach County
Environmental Control Ordinance
REGULAR AGENDA
A. AIRPORTS
Page 36
5A-1 Amendment to agreement with RS&H, Inc.
for the Palm Beach County Airports Capital Improvement Program
B. HOUSING AND ECONOMIC DEVELOPMENT
Page 37
5B-1 Resolution authorizing the submission of an
Intermediary Relending Program Application to the United States Department of
Agriculture Rural Development to provide gap financing to businesses in the
wester communities
C. PALM TRAN
Page 38
5C-1 Addition of positions to support Palm Tran’s Maintenance Section’s move to 24-hours 365-day
operations at the North and South facilities
D. FACILITIES DEVELOPMENT &
OPERATIONS
Page 39
5D-1 Contracts with two contracts for the Fire
Station Capital Improvements Program - Renovations
MARCH 22, 2022
TABLE OF CONTENTS
REGULAR AGENDA
E.
PARKS & RECREATION
Page 40
5E-1 Naming
roadway in John Prince Park to Jay DiPietro Way
F.
ENGINEERING & PUBLIC WORKS
Page 40
5F-1 Resolution amending the application fee
schedule for reviewing a Traffic Impact Study of the Unified Land Development
Code
G.
PLANNING, ZONING & BUILDING
Page 41
5G-1 Resolution amending the schedule of fees for
the Code Enforcement division
H. COMMUNITY SERVICES
Page 41
5H-1 Contract with Florida Association of Recovery
Residences, Inc. for measuring long-term recovery outcomes
BOARD
APPOINTMENTS (Page 42)
STAFF COMMENTS (Page 43)
COMMISSIONER COMMENTS (Page 44)
ADJOURNMENT (Page 45)
MARCH 22, 2022
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file: Warrant List – Backup information can be
viewed in the Clerk & Comptroller’s Office.
2. Staff recommends
motion to approve: Contracts (regular) and claim settlements
list as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to receive and file: a report of plat recordations from April 1, 2021 through September 30, 2021.
SUMMARY: This report is a bi-annual
summary of subdivision plats recorded during the fiscal quarters since the
previous report. There were 22 plats recorded during this period. This report is required by the Department of Engineering and Public
Works Policies and Procedures Manual No. EL-O-2618, governing
administrative approval of plats by the County Engineer. Countywide (YBH)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement Agreement,
inclusive of attorney’s fees and costs, in the total amount of $90,000 in the
personal injury action styled Maria V. Costanzo vs. Palm Beach County Board of
County Commissioners, Case No. 502020CA002803XXXXMB AA. SUMMARY: This
is a personal injury lawsuit arising from a trip and fall accident in Boca
Raton. Plaintiff was walking on a Palm Beach County-owned asphalt pathway when
she tripped on a 1”-deep crater in the asphalt causing her to fall forward.
Plaintiff suffered hand, wrist, and arm injuries as a result
of the accident and underwent medical treatment, including two surgeries. Countywide
(JM)
2. Staff recommends
motion to approve: a Settlement Agreement,
inclusive of attorney’s fees and costs, in the total amount of $75,000 in the
personal injury action styled Irene M. Zambrano v. Palm Beach County, Case No.
502021CA001904XXXXMB AB. SUMMARY: This is a personal injury lawsuit
arising from a motor vehicle accident in Lake Worth. While at a stop
light, Plaintiff’s vehicle was struck from behind by a
Palm Beach County Fire Rescue ambulance. Following the accident, Plaintiff
complained of headaches and suffered neck and back
injuries. As a result, Plaintiff underwent medical treatment, including
injections, and was recommended for spinal
surgery. Countywide (TSB)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: the reappointment
of one current member and the appointment of one new member to the Palm Beach
County HIV Comprehensive AIDS Resources Emergency (CARE) Council, effective
March 22, 2022:
Seat No. |
Reappointment |
Recommended By |
Term Expires |
5 |
Kristina Rowe |
HIV CARE Council |
03/21/25 |
Seat No. |
Appointment |
Recommended By |
Term Expires |
6 |
Nancy McConnell |
HIV CARE Council |
10/18/24 |
SUMMARY: The Palm
Beach County HIV CARE Council (HIV CARE Council) nomination process is an open
process with publicized criteria and legislatively defined conflict of interest
standards. Ms. Rowe and Ms. McConnell have successfully completed the HIV CARE
Council’s nomination process and the HIV CARE Council recommends the
appointments. The total membership for the HIV CARE Council shall be no more
than 33 at-large members, per Resolution No. 2011-1560. Ms. McConnell will
complete the unexpired term of Ms. Skyler King. Ms. Rowe has disclosed that she
is employed with Legal Aid Society of Palm Beach
County Inc., and Ms. McConnell has disclosed that she is employed with Rebel
Recovery Florida, Inc.; both agencies contract with the County for
services. The HIV CARE Council provides no regulation, oversight, management,
or policy setting recommendations regarding the subject contract or
transactions. Disclosure of these contractual relationships at a duly noticed
public meeting is being provided in accordance with
the provisions of Section 2-443, of the Palm Beach County Code of Ethics. The
diversity count for the 22 seats that are currently filled is African-American:
11 (50%), Caucasian: 6 (27%), Hispanic-American: 4
(18%) and Asian-American: 1 (5%). The gender ratio (female: male) is 11:11. Ms.
Rowe and Ms. McConnell are Caucasian. Staff conducts targeted outreach in an
effort to proffer candidates for appointments that maintain a diverse
composition of the board. (Ryan White Program)
Countywide (HH)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends motion
to approve:
A) a contract for Provision of Services with
Southeast Florida Behavioral Health Network, Inc. (SEFBHN), for the period
October 1, 2021 through September 30, 2022, to improve long-term recovery outcomes and quality care by operating
the Expanding and Maximizing Better Access to Recovery and Resiliency through
Care Coordination (EMBARCC) program, to Palm Beach County residents with
substance use and/or co-occurring disorders, in an amount not-to-exceed
$650,000;
B) a contract for Provision of Services
with Palm Healthcare Foundation, Inc. (PHF), for the period October 1,
2021 through September 30, 2023, for the provision of the BeWellPBC Behavioral Health and Wellness Initiative, in the amount not to exceed $200,000, of
which $100,000 is budgeted in Fiscal Year (FY) 2022, with an anticipated annual
allocation of $100,000 in FY 2023 contingent upon a budgetary
appropriation by the Board of County Commissioners (BCC) for the term of this
contract; and
C) Amendment No. 1 to contract for Provision of
Services with Palm Beach County Substance Abuse Coalition, Inc. (PBCSAC)
(R2021-1591), for the period October 1, 2021 through September 30, 2023, to
amend the payment schedule and scope of work for the provision of recovery
support services to individuals, families, and others directly impacted by
opioid and substance use disorder, and increase funding by $600,000 for a new
total amount not-to-exceed $1,100,000 of which $550,000 is budgeted for FY
2022, with an anticipated annual allocation of $550,000 in FY 2023 contingent upon a budgetary appropriation by
the BCC for the term of this contract.
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. (Cont’d) SUMMARY: SEFBHN will operate the EMBARCC program.
This program will improve long-term recovery outcomes and quality of care by
operating and expanding a comprehensive neutral care coordination program to
act as an initial and central point of contact for individuals seeking
substance use disorder and mental health treatment services. The program will
play a pivotal role in an overall transformation towards a recovery-oriented
system of care by improving identification of behavioral health needs,
maximizing coordination and linkage with needed services across health domains,
and optimizing utilization of levels of care in a manner, which is
cost-effective, and maximizes the benefit to the individuals receiving services.
This will result in anticipated cost-savings, which will be
reinvested in needed social, recovery support and prevention services.
The BeWellPBC Initiative through PHF seeks to leverage
existing resources and efforts to improve Palm Beach County’s behavioral health
system of care while also providing platforms for growing support and
partnership for community-wide health and wellness. An aim of the
initiative is for BeWellPBC to provide logistical
support to the Behavioral Health and Substance Use Disorder Steering Committee
and assist it with oversight of the updated, coordinated community response
plan. This will be implemented through action of the
full committee and subcommittees to provide the structure and strategy to
streamline continuity, communication, and collaboration across a continuum of
support from substance use disorder and mental health services to social,
non-clinical health care. Through the work of the committees
with support of BeWellPBC, the behavioral health
provider community and others will be educated about person-centered,
recovery-oriented systems of care, in an effort to build recovery capital as
well as foster an environment that maximizes a resident’s opportunities to
improve their overall health and wellness and achieve long-term recovery for
those with behavioral health and/or substance use disorders. Amendment No 1, with PBCSAC is necessary in
order to revise the program amount to $550,000 per fiscal year for two years
and revise the scope of work to update the project description and
deliverables. PBCSAC will be the facilitating organization to develop an
additional Recovery Community Center in Lake Worth, Florida. This project intends
to serve 600 unduplicated individuals, families, and others directly impacted
by opioid and substance use disorder in FY 2022. The
finalization of the contracts were delayed due to an
extended review of the agency’s scope of work and budget. Ms. Linda Kane, an
employee of SEFBHN, is a member of the Homeless Advisory Committee (HAB). The HAB
provides no regulation, oversight, management, or policy-setting
recommendations regarding the agency listed above. Disclosure of this
contractual relationship at a duly noticed public meeting is
being provided in accordance with the provisions of Section 2-443, of
the Palm Beach County Code of Ethics. (Community
Services Department) Countywide (HH)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff
recommends motion to receive and file: General
Aeronautical Services Permit (Permit) with Baggage Express LLC, commencing
February 15, 2022, terminating on September 30, 2022, and automatically
renewing on an annual basis each October 1st unless canceled. SUMMARY: The Permit authorizes Baggage Express to provide support services to
airlines operating at the Palm Beach International Airport for payment of
service fees in the amount of 7% of gross revenues
derived from non-signatory airlines. Delegation of authority
for execution of the standard form Permit above was approved by the Board in
R2010-0708. Countywide (AH)
2. Staff recommends
motion to approve:
A) Change Order No. 3 to Amendment No. 4 of the Construction Manager at Risk Contract with The Morganti Group, Inc. (MGI) for CM at Risk Services for Airport Improvements for Palm Beach County Department of Airports in the amount of $109,422.06 for Work Order MC 15: Escalator Replacement at Palm Beach International Airport (PBI); and
B) a budget transfer of $109,422 in the Airport’s Improvement and Development Fund to provide budget for the project, including a transfer from Reserves in the amount of $109,422.
SUMMARY: Amendment No. 4 (Work Order MC 15)
in the amount $8,145,981 and 907 calendar days was approved by the Board on
September 15, 2020 (R2020-1336) for the Escalator Replacement at PBI. Change
Order No. 1 to Amendment No. 4 in the amount of
$975,516 was approved by the Board on May 18, 2021 (R2021-0725). Change Order No. 2 in the
amount of $343,870.39 was approved by the Board on February 1, 2022
(R2022-0090). Approval of Change Order No. 3 is required to address the
existing conditions at Escalators A and D prior to installing the new handrails. Following the demolition of the escalators,
MGI discovered that there is a steel angle supporting the existing coquina
panels that protrudes from the face of the wall, interfering with the clear
space required for the escalator handrail. In addition, there
is a void between the handrail and wall that will need to be infilled with
framing and cement board. This change order also includes the removal of
damaged wallpaper adjacent to Escalator N and refinishing of the wall. Due to the age and poor condition of the
wallpaper, it cannot be repaired or matched. MGI has
committed to a Disadvantaged Business Enterprise (DBE) goal of 12% for this
contract. DBE participation for this change order is 3.8%. Countywide
(AH)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: Standard Equipment Use Agreement for the period of December 3, 2021through
November 30, 2022, with Ric L. Bradshaw, Sheriff of
Palm Beach County for the use of a County-owned bucket truck on an as-needed
basis. 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 standard
agreement has been fully executed on behalf of the
Board of County Commissioners (Board) by the County Administrator or designee,
who in this case was the Director of Facilities Development & Operations
Department. The Standard 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
(DB)
2. Staff recommends
motion to approve: the Water Treatment Plant No. 8 Plat.
SUMMARY: Water Treatment Plant No. 8 facility (WTP 8) is located
off Jog Road, between Belvedere Road and Florida’s Turnpike in West Palm Beach.
Palm Beach County’s Water Utilities Department has recently combined the WTP 8
with six adjacent County owned parcels (Expansion Parcels). The combined
parcels were subdivided into three parcels of land to
be platted. The plat will be recorded in the public
records of Palm Beach County. (Property & Real Estate Management) District
2 (HJF)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve:
A) a Quit Claim Deed from the Solid Waste Authority (SWA) of Palm Beach County for the east
15-foot portion of 95th
Avenue South that is in the process of being abandoned by Palm Beach County;
and
B) an Access Easement
in favor of Solid Waste Authority of Palm Beach County over the 30-foot
right-of-way strip of 95th Avenue South which is in the process of
being abandoned by Palm Beach County.
SUMMARY: The new Mosquito
Control facility is being developed on a portion of
the undeveloped 7.4 acres of County-owned land (Mosquito Control Property)
located approximately 2,000 feet east of State Road 7, on the north side of
Lantana Road within unincorporated Palm Beach County. As part of the development process, the
30-foot right-of-way (Abandonment Area) strip known as 95th Avenue
South, lying east of and adjacent to the Mosquito Control Property, is being
abandoned by Palm Beach County. The Abandonment Area lies between the Mosquito
Control Property and land owned by SWA. Post abandonment, the Quit Claim Deed (QCD) will convey SWA’s
interest in the eastern 15-feet of the Abandonment Area to the County and in
exchange the County will grant SWA an Access Easement over the Abandonment Area
strip to allow access to the SWA parcel
located north of the Mosquito Control Property and a portion of the County’s
undeveloped park property. The Access Easement allows for the
realignment of the easement area at a later date once
the new access road is constructed to serve both the SWA and County
parcels. Palm Beach County’s Land
Development Division requires that both the County and SWA approve the QCD and
Access Easement prior to Land Development processing the abandonment. SWA staff
will seek the QCD and Access Easement approvals by SWA’s Governing Board at
their April 13, 2022 meeting. The QCD and Access Easement will
be recorded in the Palm Beach County Public Records after the
abandonment of 95th Avenue South has been approved and the
abandonment resolution has been recorded. (Property & Real Estate
Management) District 6 (MWJ)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Change Order No. 06 to
Amendment No. 1 (R2020-1812) to the construction management contract with
Kaufman Lynn Construction, Inc. (R2019-0849) for the Canyon District Park
project – Phase 1A increasing the Guaranteed Maximum Price (GMP) in the amount
of $253,352.77 for Construction Management Services and increasing contract
time by 14 calendar days. SUMMARY: On June 18, 2019, the Board of County
Commissioners (Board) approved the contract with Kaufman Lynn Construction, Inc.
for construction management services for the Canyon District Park project
located at 8802 Boynton Beach Boulevard, Boynton Beach. On December 8, 2020,
the Board approved Amendment No. 1 (R2020-1812) for the construction of three soccer/multipurpose
fields, a restroom/concessions facility, two retention/recreational lakes, a 12 station fitness trail, and associated parking.
Additionally, Amendment No. 1 included clearing, grubbing, leveling and seeding
the remainder of the property in order to complete and ensure the effectiveness
of the drainage for Phase 1 and the entire property. Change Order No. 06 to
Amendment No. 1 authorizes the procurement, hauling, spreading and compacting
of approximately 5,500 tons of unwashed sand for three multipurpose fields. Due
to heavy and continuous rains, small lime rock shell fragments
migrated up from the lower six inches of the root zone to the surface layer of
the soccer fields. Consequently, the condition of the soil proved
unsatisfactory for the certification and long-term maintenance of the soccer
fields. This authorization allows for the procurement and spreading of four
inches of unwashed sand to prepare the fields to receive the last two inches of
the top soil cap and final turf. The
solicitation for the Construction Manager (CM) was advertised
on January 28, 2018 according to the Small Business Enterprise (SBE) Ordinance
in place at the time, but this GMP, having been initiated after January 1,
2019, was subject to the requirements of the Equal Business Opportunity
Ordinance. The CM is not a certified Small/Minority/ Women Owned Business
(S/M/WBE), but has partnered with M.C.O. Construction
and Services, Inc., an S/MBE contractor. On November 4, 2020, prior to
subcontractor advertisement and bidding, the Goal Setting Committee applied an
Affirmative Procurement Initiative to the construction subcontracts of 20% SBE
participation, of which 5% must be a Minority Business Enterprise, African
American or Hispanic. There is no SBE participation for Change Order No. 06. To
date, the CM has achieved 22.63% SBE subcontracting participation overall. The
CM is a Palm Beach County Business. The funding sources for this project
include the Florida Department of Environmental Protection Grant fund and the
Park Impact Fees Z-3 fund. (Capital Improvements
Division) District 5 (MWJ)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve:
A) Amendment No. 1 to the
contract with D. Stephenson Construction, Inc. (R2020-1576) establishing a
Guaranteed Maximum Price for construction management services for the Homeless
Resource Center 2 (HRC2) project located at 3680 Lake Worth Road, Lake Worth in
the amount of $14,064,641 for a period of 420 calendar days from notice to proceed;
and
B) Irrevocable Letter of
Direction submitted by D. Stephenson Construction, Inc. dated February 17, 2022
and requested by its surety directing the establishment of an escrow account
for the project.
SUMMARY: On October 20, 2020, the
Board of County Commissioners (Board) approved the contract with D. Stephenson
Construction, Inc. (DSC) for the HRC2 project and Task Order No. 1 (R2020-1577)
for preconstruction services in the amount of $57,800.
The project provides for the construction of a new facility to include 60 new
emergency shelter (interim housing) beds, 14 transitional beds, a welcome
center, office areas, outdoor facilities, specialized storage, a Palm Beach
Sheriff’s Substation, a healthcare facility and support facilities (kitchen,
laundry, pantry, community room, shower/rest rooms, cleansing room).
Pre-construction services include validating constructability, cost estimating,
and procurement services. Amendment No. 1 authorizes the construction of the
HRC2 facility including all site work, landscaping, associated culvert canal
crossing work, a new entrance on Lake Worth Road, the closure and restoration
of the existing entrance on Gulfstream Road and the reconfiguration of the area
affected by the construction of the entrance on Lake Worth Road. The Contractor
will have 420 calendar days from permit issuance to
substantially complete the project. Liquidated damages for failure to
achieve certification of substantial completion within the contract time or
approved time extension thereof are $178 per day. The surety bonding the
project, Atlantic Specialty Insurance Group (a subsidiary of Intact Insurance
Group USA, LLC) has requested that DSC issue an Irrevocable Letter of Direction
to the County for the establishment of a project dedicated escrow account. The
Irrevocable Letter of Direction is a funds management tool not commonly used by
the County in its construction projects. After receiving the Irrevocable Letter
of Direction, Staff conducted additional due diligence to fully understand the
operational and financial implications of recommending approval; no detrimental
impacts were identified. Therefore, Staff is recommending approval of the Irrevocable
Letter of Direction. The CM was selected through a
competitive solicitation in accordance with the federal requirements provided
by the Department of Housing and Economic Development. Under the federal
requirements, this project has a 22.4% minority and 6.9% female Equal
Employment Opportunity (EEO) participation goal. The EEO minority participation
for Amendment No. 1 is 22.4% including 6.9% female participation. D. Stephenson
Construction, Inc. is a Palm Beach County business. The funding sources for
this project include the Infrastructure Sales Tax fund and Community
Development Block Grant. (Capital Improvements Division) District 3
(MWJ)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: a Subordination of County Utility Interests to the State of Florida
Department of Transportation (FDOT). The
Subordination of Utility Easements includes two portions of the following
easement recorded in the Official Records of Palm Beach County: ORB 20051 Page
174. SUMMARY: The FDOT has an interest in two portions of
the utility easement recorded in the Official Records of Palm Beach County as
noted above that have been determined necessary for highway purposes. The
utility easement is located south of Atlantic Avenue and east of SR 7. The
proposed use of these lands for highway purposes will require subordination of
the interest claimed in such lands by the County to FDOT. The facility located
within the utility easement and covered by the Subordination is a 6-inch force
main stub out. FDOT has committed to pay
to have the County’s facilities relocated in the future if necessary. The
Palm Beach County Water Utilities Department has determined that the
subordination of utility interests will not affect any existing and/or current
public utility facilities and therefore recommends the subordination. District
5 (MWJ)
2. Staff recommends
motion to approve: Work Authorization (WA) No.
6 to the Lift Station Rehabilitation Continuing Construction Contract 2020
(Continuing Contract) with Hinterland Group Inc. (Hinterland) for the Lift
Station (LS) No. 0127 Improvements (Project) in the amount of $532,209.10. SUMMARY: On September 15, 2020, the Board of County Commissioners approved the
Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-1379)
with Hinterland. WA No. 6 provides for the replacement of 950 linear feet of
4-inch force main necessary to connect LS No. 0127 to the existing force main
pipe along Haverhill Road in West Palm Beach. The Project also includes
electrical and mechanical rehabilitation of the lift station. The Continuing
Contract was procured under the requirements of the
Equal Business Opportunity Ordinance. On January 15, 2020, the Goal Setting
Committee applied an Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise (SBE)
subcontracting participation, of which 3% shall be among certified African
American and/or Hispanic American owned firms. The Continuing Contract
provides for 26.87% SBE participation, which includes 3.47% M/WBE
participation, 3.18% MBE (H), and 0.29 WBE. WA No. 6 includes 30.15% SBE
participation which includes 23.17% MBE participation,
23.17% MBE (H), and 0% WBE. The cumulative SBE participation including WA No. 6
is 10.65%, which includes 5.96% MBE participation, 5.87% MBE (H), and 0.09%
WBE. Hinterland is a Palm Beach County based company. The Project is included
in the PBCWUD FY22 budget. (PBCWUD Project No. 21-009) District 2 (MWJ)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: Change Order No. 2 to the State of Florida,
Department of Environmental Protection (FDEP) Grant Agreement No. 2224
(Agreement) for the Palm Beach Resilient Island Project (Project) for the
construction of an environmental restoration project. This Change Order No. 2
extends the Agreement’s final deliverables due date from June 1, 2022 to June
30, 2022. There is no change to cost of reimbursement. SUMMARY: On October 19,
2021, the Board of County Commissioners approved FDEP Grant Agreement R2224
(R2021-1541) for an amount not
to exceed $299,971.80 providing for construction of the Project beginning upon
agreement execution with final deliverables due June 1, 2022. The Project will
construct 1.1 acres of mangrove, oyster reef and bird nesting habitats within
the Lake Worth Lagoon. Delegated authority to execute all future time
extensions, task assignments, certifications, and any other forms associated
with the agreement was approved at that time. Change Order No. 2 extends the final
deliverables due date from June 1 to June 30, 2022 to allow for
more time to complete project construction. In accordance with County
PPM CW-O-051, all delegated contracts/agreement/grants must be submitted by the
initiating Department as a receive and file agenda
item. There is no cost to the County. Districts 2 & 7 (SS)
2. Staff recommends motion to approve: an updated Management Plan (Plan) for Jupiter
Ridge Natural Area. SUMMARY: The initial Plan was approved by the Board of County Commissioners
(BCC)
in November 1996. A ten-year update to the plan was approved
by the BCC on June 29, 2010. The Plan identifies natural resources present on
the natural area and provides for the preservation, restoration, management and
passive recreational use of those resources. The Natural Areas Management
Advisory Committee unanimously recommended the Plan for approval at its
September 17, 2021 meeting. The State Acquisition and Restoration Council
approved the updated plan on February 11, 2022. Initial invasive/nonnative vegetation
removal, fence and regulatory sign installation, and public use facilities have been completed. Annual management and operating costs,
including prescribed burns/mechanical vegetation reduction, ongoing
invasive/nonnative animal and plant control, repair and replacement of
facilities, and biological monitoring and reporting are estimated to be $152,803. This cost is for
the current fiscal year and is expected to increase as
described in the Summary of Fiscal Impact. Funds for capital improvements, and annual
management and operation of the site are expected to
come from the Natural Areas Fund, Natural Areas Stewardship Endowment Fund,
Pollution Recovery Trust Fund, Ag Reserve Land Management Fund, and/or ad
valorem funding sources. District 1 (SS)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve:
A) a budget transfer of $1,732,000 in the Golf Course Operations Fund to the
Golf Course Capital Fund for the Park Ridge Golf Course Greens Renovation
Project; and
B) a budget amendment
of $1,732,000 in the Golf Course Capital Fund to recognize the transfer from
the Golf Course Operations Fund and appropriate it to the project.
SUMMARY: The budget
transfer and budget amendment establish the Park Ridge Golf Course Greens
Renovation Project in the Golf Course Capital Fund. This funding will be used to modernize and restore the greens at Park
Ridge Golf Course after 16 years of continuous operation. Funding for this budget transfer is from the
Golf Course Operations Fund reserves. District 6 (AH)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to receive and file: Notice of
Termination of Interlocal Agreement with Town of Lantana for the Hypoluxo
Island Gas line non-ad valorem assessment. SUMMARY:
The Town of Lantana has an existing
Interlocal Agreement with Palm Beach County dated May 6, 2016 to certify its
non-ad valorem assessment roll to the Property Appraiser for the Notice of
Proposed Property Taxes and to the Tax Collector for the Actual Property Tax
Notice. The Town of Lantana has formally requested the termination of the
agreement. Countywide (DB)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A)
renewal of the excess
property, excess liability, excess workers’ compensation insurance programs,
and ancillary policies for the period April 1, 2022 through March 31, 2023
purchased under Contract No. 21-040DP through the County’s contracted broker,
Risk Management Associates, Inc. (aka Brown & Brown), at a total cost
not-to-exceed $12,170,410; and
B)
the update of the County Self-Insured Retention
Plan to reflect changes associated with the self-insured retentions (SIR) for
both excess property and workers’ compensation.
SUMMARY: The
projected 2022-2023 excess insurance program renewal premiums reflect a total
not-to-exceed cost of $12,170,410 which is approximately a 2% overall decrease
over the expiring total premium of $12,409,703. Within that number are
significant savings (5% in our property premium) as well as significant
coverage enhancements throughout our entire excess insurance program. Enhancements
include dropping the non-wind property SIR from $1,000,000 to $500,000 and
better defining sublimits within our policies
resulting in approximately $500,000,000 in additional coverage protections for
miscellaneous coverages. Through aggressive marketing, the Broker was also able
to limit increases in problem placement areas including technology (cyber), and
boiler and machinery. The County’s total insurable property value currently
stands at just over $2.6 billion. The program also includes $5 million of
excess liability insurance, subject to a $500,000 SIR. Excess workers’
compensation insurance is included covering all costs in excess of $2.25
million per occurrence. All
state-mandated surcharges and assessments are included within the estimated
cost. Sufficient funds are budgeted for
this coverage. Countywide (HH)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to approve: a Resolution of the Board of County Commissioners
(BCC) of Palm Beach County, Florida affirming the BCC's desire to continue as
the Community Transportation Coordinator
(CTC) for Palm Beach County; requesting the Transportation Planning Agency (TPA)
of Palm Beach County adopt a resolution officially recommending the BCC as the
CTC for Palm Beach County; and requesting the TPA to notify the Florida
Commission for the Transportation Disadvantaged (CTD) accordingly. SUMMARY:
Since 1999, the BCC, doing business as Palm Tran, Inc., has been the designated
CTC for Palm Beach County. It has fulfilled all CTD requirements to coordinate
transportation services for the transportation disadvantaged with the most cost
effective and efficient service. The agreement between the BCC and CTD to
provide services as the designated CTC for Palm Beach County expires June 30,
2022. Section 427.015(2), Florida Statutes requires the TPA to recommend a CTC
to the CTD for approval. The BCC needs to notify the TPA by letter and
resolution of its desire to continue as the CTC for Palm Beach County. Countywide
(MM)
2. Staff recommends
motion to:
A) approve the
Fiscal Year 2022 Certifications and Assurances (C&As) to the Federal Transit
Administration (FTA);
B) authorize the County Administrator or designee to
electronically execute and file the required C&As on behalf of the Board of
County Commissioners (BCC) and to bind the BCC’s compliance with the C&As;
and
C) approve the FTA
Master Agreement FTA MA (29) dated February 7, 2022.
SUMMARY: On February 3, 2022, the FTA released the
FY2022 list of C&As. The annual list covers 20 categories such as Lobbying,
Alcohol and Controlled Substances Testing, Seniors and
Individuals with Disabilities Programs, Non-Discrimination, Disadvantaged
Business Enterprises, and Hiring Preferences. The FTA requires grantees to
submit C&As within 90 days of publication to
signify the County’s commitment to comply with requirements applicable to any
FTA award the County pursues during FY2022. The FTA also requires an affirmation
from the applicant's attorney that the applicant has authority to make and
comply with the Assurances. The FTA Master Agreement (FTA MA (29)) contains the
standard terms and conditions that apply to projects financed with funds
awarded by the FTA in FY2022. Approval of the FTA MA (29) represents the
County’s legal affirmation to abide by the applicable terms and conditions
identified in FTA MA (29). These documents do not allocate any funding or
pledge any county funds. Countywide (MM)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) receive and file Grant Modification #3 and #4 with the Office of
National Drug Control Policy to provide an additional $43,737 and $250,000 in
grant funds for the Palm Beach County Sheriff’s Office; and
B) approve a budget amendment of $293,737 in the Sheriff’s Grant Fund.
SUMMARY: The Board of
County Commissioners (BCC) accepted this grant award for $149,193 on May 5,
2020 (R2020-0502). The BCC approved Grant Modification #1 to provide an
additional $36,306 in grant funding on January 12, 2021 (R2021-0096). The BCC approved Grant Modification #2 to
provide an additional $26,656 in grant funding on September 14, 2021
(R2021-1300). Grant Modification #3 will provide an additional $43,737 in grant
funding to support overtime for the Palm Beach County Narcotics Task Force. Grant Modification #4 will fund equipment
for a Maritime RADAR Project. The Catalog
of Federal Domestic Assistance number is 95.001 and the contract number
is G20MI0011A. There is no match requirement associated with this award.
Countywide (LDC)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, Contract Award
Modification Notice #4 and #5 with the U.S. Department of Homeland Security, Transportation
Security Administration (TSA), to provide $73,704 in supplemental funding and
to extend the contract agreement through March 31, 2022; and
B) approve a budget amendment of $73,704 in the Sheriff’s
Grants Fund.
SUMMARY: The Board of
County Commissioners (BCC) accepted this grant for $126,249 on August 25, 2020
(R2020-1179) to fund five Canine Teams at the Palm Beach International Airport
(PBIA) through TSA’s National Explosives Detection Canine Team Program (NEDCTP)
for the contract period July 1, 2020 through December 31, 2020. The BCC
approved Contract Modification #1 on March 9, 2021 (R2021-0377) which provided
$21,042 in additional funding to offset the costs of the five Canine Teams at
PBIA and extended the contract period through January 31, 2021. The BCC
approved Contract Modification #2 on April 6, 2021 (R2021-0457) which provided
$21,042 in additional funding to offset the costs of the five Canine Teams at
PBIA and extended the contract period through February 28, 2021. The BCC approved
Contract Modification #3 on May 18, 2021 (R2021-0720) which provided $210,416
in additional funding from March 1, 2021 through December 31, 2021. This
Contract Modification #4 and #5 will provide $73,704 in additional funding and
extend the contract period through March 31, 2022. The purpose of the TSA
NEDCTP Program is to provide enhanced security at the PBIA, to
promptly respond to threats and suspected explosive devices, which
affect air carrier operations. No additional positions are needed
and no additional County funds are required. The contract number is
70T02020T9NNCP464. There is no match requirement associated with this award. Countywide (LDC)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
3. Staff recommends
motion to:
A) receive and file Grant Modification #1 with the Office of National
Drug Control Policy to provide an additional $34,064 in grant funds for the
Palm Beach County Sheriff’s Office;
and
B) approve a budget amendment of $34,064 in the Sheriff’s Grant Fund.
SUMMARY: On April 6, 2021,
the Palm Beach County Sheriff’s Office received a grant award from the Office of National Drug Control Policy in the amount of $132,496 for the period of January 1, 2021
through December 31, 2022 (R2021-0456). This
Grant Modification #1 will provide an additional $34,064 in grant funding to
support overtime for the Palm Beach County Narcotics Task Force. The Catalog of Federal Domestic Assistance number
is 95.001 and the contract number is G21MI0011A. There is no match requirement associated with this award. Countywide
(LDC)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Federally-Funded SubAward &
Grant Agreement for a FY21 State Homeland Security Grant in the amount of
$763,240, for the period of January 18, 2022 through March 31, 2023; and
B) approve a budget amendment in the amount of $763,240 in the Sheriff’s Grant
Fund.
SUMMARY: On January 18,
2022, the Palm Beach County Sheriff’s Office received a FY21 State Homeland
Security Grant Program award from the State of Florida, Division of Emergency Management. These funds will be
used for specialty team equipment, training and intelligence
and information sharing initiatives. The Catalog
of Federal Domestic Assistance Number for this program is 97.067 and the
contract number is R0515. There is no
match associated with this award. Countywide (LDC)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
5. Staff recommends
motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office, a Subgrant
Agreement from the State of Florida Department of Transportation for the Palm
Beach County Sheriff’s Office, Expanded Scope & Capacity of Toxicology
Testing for Impaired Driving Investigations Project, in the amount of $331,025,
for the period of January 12, 2022 through September 30, 2022; and
B) approve a budget amendment of $331,025, increasing the Sheriff’s Grants Fund.
SUMMARY: On January 12,
2022, the Florida Department of Transportation awarded a grant to the Palm
Beach County Sheriff’s Office in the amount of
$331,025 to support the
Expanded Scope & Capacity of Toxicology Testing for Impaired Driving
Investigations Project in Palm Beach
County. Funds will support the purchase of a new toxicology
testing instrument and for a consultant to provide training on the
instrument and impaired driving. The Catalog of Federal Domestic Assistance number
is 20.616, the project number is M5CS-2022-00351, and the DOT Contract number is G2362. There is a required cash match in the amount of
$40,542 associated with this award which will be funded through PBSO’s approved
operating budget. Countywide (LDC)
6. Staff recommends
motion to approve: a budget transfer of
$72,400 from the Federal Treasury Law Enforcement Trust Fund (LETF) to the Palm
Beach County Sheriff’s Office (PBSO). SUMMARY: The 2018 Guide to Equitable Sharing for
State, Local and Tribal Law Enforcement Agencies, provides that seizing
law enforcement agencies shall use Justice and Treasury Forfeiture proceeds for
law enforcement purposes only. Permissible uses include: law enforcement
operations and investigations; law enforcement training and education; law
enforcement, public safety, and detention facilities; law enforcement
equipment; joint law enforcement/public safety operations; contracts for
services; law enforcement travel and per diem; law enforcement awards and
memorials; drug, gang and other prevention or awareness programs; matching
grants; and support of community-based organizations. The transfer of Federal
Treasury LETF requested above will allow for the purchase of a four-stall
bathroom/shower trailer. Use of Federal Treasury LETF requires approval by the
Board, upon request of the Sheriff. The current Federal Treasury LETF balance
is $141,738. Approval of this request will reduce the Federal Treasury LETF
balance to $69,338. The PBSO
certifies that the use of these funds is in accordance with the GUIDE. No new
positions are needed and no additional County funds
are required. Countywide (LDC)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
7. Staff recommends
motion to receive and file: a Modification #1 to Subgrant
Agreement between the Florida Division of Emergency Management and the Palm
Beach County Sheriff’s Office, to extend the grant period through
September 30, 2022. SUMMARY: The Board of County Commissioners accepted
this grant for $1,103,100 on February 2, 2021 (R2021-0205). These funds are
used for specialty team equipment, training and intelligence
and information sharing initiatives. This agenda item will extend the grant
period from March 31, 2022 through September 30, 2022. The Catalog of Federal Domestic
Assistance Number for this program is 97.067 and the contract number is R0286. There is no match associated with this
award. Countywide (LDC)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
8. Staff recommends
motion to approve: a budget transfer of
$323,000 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County
Sheriff’s Office (PBSO). SUMMARY: Section 932.7055(5), Florida Statutes,
provides that the seizing agency shall use Forfeiture proceeds for school
resource officer, crime prevention, safe neighborhood, drug abuse education and
prevention programs, or for other law enforcement purposes, which include defraying
the cost of protracted or complex investigations, providing additional
equipment or expertise, purchasing automated external defibrillators, and
providing matching grant funds. Section
932.7055(5), Florida Statutes, also requires that no less than 25% of the LETF’s previous year’s revenues be used for the support
or operation of drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood and school resource officer programs of various
non-profit organizations. The PBSO’s FY 2022 donation requirement is $129,498.
The PBSO’s support of these programs exemplifies its strong commitment to the
prevention and reduction of crime throughout the communities it serves and its
desire to put money back into these communities to support organizations that
provide such services. The year-to-date
transfer for all donations to outside organizations after approval of this item
is $743,500. The funds requested
are to aid PBSO and qualified organizations that meet the requirements set forth
in Section 932.7055(5), Florida
Statutes. Use of LETF requires approval by the Board, upon request of the
Sheriff. The current State LETF balance
is $2,276,825. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $1,953,825. The PBSO certifies that the use of
these funds is in accordance with Section
932.7055(5), Florida Statutes.
Below is a table indicating the organizations the PBSO seeks to fund and
the corresponding amount of funding proposed per respective organization or
agency. No new positions are needed and no additional
County funds are required. Countywide (LDC)
ORGANIZATION |
AMOUNT |
Child Protection Team of
Palm Beach, Inc. |
$15,000 |
Children's Case
Management Organization, Inc. |
$5,000 |
College for Kids, Inc. |
$40,000 |
Cultural Council of Palm
Beach County, Inc. |
$5,000 |
Faith, Hope, Love,
Charity, Inc. |
$25,000 |
Florence Fuller Child
Development Centers, Inc. |
$25,000 |
Florida Outreach Center
for the Blind, Inc. |
$5,000 |
National Campaign to Stop
Violence, Inc. |
$20,000 |
New Hope Charities, Inc. |
$25,000 |
Palm Beach County
Substance Abuse Coalition, Inc. |
$5,000 |
Safety Council of Palm
Beach County, Inc. |
$3,000 |
Student Aces, Inc. |
$10,000 |
The ARC of Palm Beach
County, Inc. |
$25,000 |
Urban League of Palm
Beach County, Inc. |
$100,000 |
YMCA of the Palm Beaches,
Inc. |
$15,000 |
|
|
Total Amount |
$323,000 |
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
9. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a Grant Award for the
FY22 Identity Theft and Fraud Grant Program between the Florida Department of Law Enforcement and
the Palm Beach County Sheriff’s Office for the period of January 1, 2022
through June 30, 2022; and
B) approve a budget amendment of $10,000 in the Sheriff’s
Grants Fund.
SUMMARY: On January 1, 2022,
the Palm Beach County Sheriff’s Office (PBSO) received a grant award from the
Florida Department of Law Enforcement (FDLE) in the amount of
$10,000 for the FY22 Identity Theft and Fraud Grant Program. These funds will
be used for overtime cost to investigate cases of fraud and identity theft,
including those crimes which exploit elderly victims
in Palm Beach County. The Grant
No. is 8F013. The CSFA # is 71.042. There is no
match requirement associated with this award. Countywide (LDC)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
DD. OFFICE OF COMMUNITY REVITALIZATION
1. Staff recommends
motion to approve:
A) expenditure of $35,300 for the installation of ten speed humps in the Cannongate-Southwoods Countywide Community Revitalization
Team (CCRT) area;
B) expenditure of $3,530 for the installation
of one speed hump in the San Castle CCRT area;
C) expenditure
of $3,530 for the installation of one speed hump in the Plantation CCRT area;
D) a budget transfer of $42,360 to the Capital
Outlay Fund from the CCRT Recoup Funding Account to fund increased costs
associated with these speed hump installation projects.
SUMMARY: On October 5, 2021, the Board approved the allocation of
$50,400 to install ten speed humps in Cannongate-Southwoods
($42,000), one in San Castle ($4,200), and one in Plantation ($4,200). The approved
funding was to cover the costs associated with the construction of these speed
humps ($36,840) and signing as well as striping ($13,560), with each of the
speed humps costing $3,070 for construction and $1,130 for signing and
striping. The requested funding is needed to account
for a change in the project contractor pricing, which increased the cost of
construction from $36,840 to $79,200, an increase of $3,530 per speed hump. The
requested budget transfer of $42,360 is needed to
supplement the approved funds to cover the costs of speed hump installation in
the Cannongate-Southwood CCRT area ($35,300), the San Castle CCRT area ($3,530), and the Plantation CCRT area
($3,530). Districts 2, 6 & 7 (HH)
MARCH 22, 2022
3. CONSENT
AGENDA APPROVAL
EE. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: a fully executed Palm Beach County FY2022 Grant Agreement managed by
the Palm Beach County Sports Commission, Inc., on behalf of the Palm Beach
County Tourist Development Council with Palm Beaches Marathon, LLC, for the
promotion of the Garden of Life Palm Beaches Marathon, which was held December
10 – 12, 2021. The Tourist Development Council approved this grant of $15,000
on September 9, 2021. The term of this agreement is August 10, 2021 – April 12,
2022. 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. On June 7, 1994, the Board of County
Commissioners adopted resolution (R94-702) authorizing the Executive Director
of the Tourist Development Council to enter into grant agreements with Category
G (Sports) grantees after they have been approved by the Tourist Development
Council. This grant agreement generated a total of 2,047
room nights and also funded an event which promoted sports tourism in Palm
Beach County. District 7 (YH)
2. Staff recommends
motion to receive and file: a fully executed Palm Beach County FY2022 Grant Agreement managed by
the Palm Beach County Sports Commission, Inc., on behalf of the Palm Beach
County Tourist Development Council with Equestrian Sport Productions, LLC, for
the promotion of the Holiday & Horses Circuit, which was held December 1,
2021 – January 2, 2022. The Tourist Development Council approved this grant of
$20,000 on September 9, 2021. The term of this agreement is August 1, 2021 –
May 2, 2022. 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. On June 7, 1994, the Board of County Commissioners adopted resolution
(R94-702) authorizing the Executive Director of the Tourist Development Council
to enter into grant agreements with Category G (Sports) grantees after they
have been approved by the Tourist Development Council. This grant agreement is
generated a total of 12,375 room nights and also
funded an event which promoted sports tourism in Palm Beach County. District
6 (AH)
* * * * * * * * * * * *
MARCH 22, 2022
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. PALM TRAN
1. Staff recommends
motion to:
A) adopt a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
approving the submission of a grant application of $560,000 with a required
match of $140,000 for a total project cost of $700,000 in Section 5311 capital
funds from the Florida Department of Transportation (FDOT); and
B)
authorize the Mayor of the Board of County
Commissioners to execute the grant application, supporting documents, and
assurances.
SUMMARY: On February 7, 2022, FDOT notified Palm
Tran that the allocation of Section 5311 grant funds will
not be provided for transit operating assistance. For the fiscal years
2022 and 2023 FDOT will allocate 5311 funds for capital projects only. If awarded, the grant funds will be used to replace paratransit vehicles that have met
their useful life providing service in the Lake Region. The application is for $560,000 in grant
funds, which require a local match of $140,000 (20% of project) for a total
project cost of $700,000. The grant match is included in Palm Tran’s approved
FY 2022 budget. The grant application contains an indemnification provision
that differs from that adopted for use by the County under PPM CW-F-049. The grant requires the County, to the extent permitted by law and
in accordance with the provisions of Section 768.28, Florida Statutes, to
indemnify, defend, and hold harmless FDOT and all of its officers, agents, and
employees from any claim, loss, damage, cost, charge, or expense arising out of
the County’s non-compliance in the performance of this agreement, including
that of its officers, agents, or employees. The
indemnification obligation must also be passed on to
contractors and/or consultants. An
exception to the indemnification language approved by the County’s PPM is
potentially warranted here, taking into consideration the County’s need to
provide the services, the amount of the grant award, the County’s current
performance of such services and liability for its own acts, and the non-waiver
of sovereign immunity beyond the statutory caps of Section 768.28, Florida
Statutes. As a result, the Risk
Management Department and the County Attorney’s Office
do not object to this exception to the standard and have advised Palm Tran to
present this matter directly for Board approval. District 6
(MM)
MARCH 22, 2022
4. PUBLIC
HEARINGS – 9:30 A.M.
A. PALM TRAN (Cont’d)
2. Staff recommends
motion to approve:
A) the filing of a multi-source funding
(Super-Grant) electronic grant application #1098-2022-1, with the Federal
Transit Administration (FTA), for FY2020 and FY2021 Section 5307 (CFDA 20.507),
Section 5339 (CFDA 20.526), and Flex Funds (CFDA 20.507). The Super-Grant is
for capital funds allocated to Palm Beach County Board of County Commissioners
(BCC) in the amount of $40,788,132. This is a cost
reimbursable agreement that will become effective upon FTA Award and has an
anticipated end date of March 30, 2030;
B)
the Program of Projects (POP) for the FY2020 and FY2021 Grant
allocations from the FTA, in the amount of $40,788,132 of which $35,780,326 is
in Section 5307 funds; $4,207,806 is in Section 5339 funds and $800,000 in FLEX
Funds programmed by the Palm Beach Transportation Agency (TPA);
C)
the amendment of the FY2019 POP for Section
5307 Funds to be used for the purchase of replacement computers and shelter
replacement project;
D)
the filing of Standard Form LLL - Disclosure
of Lobbying Activities;
E)
authorization
for the County Administrator or designee to execute on behalf of the
BCC, and to transmit electronically the BCC’s approval of the Grant
Application, award and the resulting grant agreement;
F)
an upward budget amendment of $799,731, in
Palm Tran’s Grant Fund 1341, to recognize the actual grant award from
application 1098-2022-1;
G) a budget transfer
of $221,676, in Palm Tran’s Fund 1340, to increase the transfer from Palm
Tran’s Grant Fund 1341 to offset the cost of preventative maintenance and
reduce the transfer from the General Fund 0001; and
H)
a budget transfer of $221,676 in the General
Fund 0001 to recognize the decrease in transfer to Palm Tran Operating Fund
1340 and increase the Contingency Reserve.
MARCH 22, 2022
4. PUBLIC
HEARINGS – 9:30 A.M.
A. PALM TRAN
2. (Cont’d) SUMMARY: The FTA distributes Section 5307 and 5339
grant funds to provide capital and operating assistance for public
transportation projects. The FY2020 and
FY2021 allocation will fund items necessary for the continued operations of the
Palm Tran system. FTA encourages the submittal of Super-Grant applications to
consolidate allocations for Fixed Route capital projects. This application includes the following: $25,438,698 to
replace buses that have reached their useful life; $1,151,434 for security
projects; $1,975,000 for Software and Hardware upgrades, $2,800,000 for
facility improvements; $2,308,153 for General Planning Consulting contract;
$500,000 for Electrification Master Plan Development, and $1,214,426 for
preventive maintenance, and $5,400,421 for Bus Shelters replacement and expansion.
The FY2020 and FY2021 allocations have a match requirement of $10,197,033 or
20% of the total project cost. The source of the matching funds comes from Toll
Revenue Credits provided by the Florida Department of Transportation. The grant
application also requires execution of the Disclosure of Lobbying Activities,
Form LLL. No County funds are required. Countywide (MM)
MARCH 22, 2022
4. PUBLIC
HEARINGS – 9:30 A.M.
B. OFFICE
OF FINANCIAL MANAGEMENT AND BUDGET
1. Staff recommends
motion to approve:
A) Resolution of the Board of County Commissioners of Palm Beach County,
Florida approving Fiscal Year (FY) 2022 mid-year budget amendments and transfers;
and
B) budget amendments
and transfers in various funds reflecting adjustments for balances brought
forward, other revenues, reserves and operating expenses. The total of the
adjustments is an increase of $90,859,709 in 178 funds.
SUMMARY: These budget amendments and transfers are
necessary to adjust FY 2022 budgets to reflect differences between actual and
estimated revenues and expenditures of FY 2021. These amendments adjust the
balances brought forward, various revenue, expenditure, and reserve accounts to
their audited balances. For the General
Fund, this amendment results in an increased fund balance of $39,173,833. This adjustment is
a result of:
·
$2,276,059 net
decrease in revenues, excess fees and commission refunds from Constitutional
Officers and Judicial: Sheriff’s Office ($6,185,964), Clerk and Comptroller $3,195,731,
Supervisor of Elections $70,082, Tax Collector ($1,463,689), Property Appraiser
$238,374, Judicial $1,869,408; and
·
$20,420,500 BCC
department expenditures less than originally estimated and revenues higher than
originally estimated; and
·
$2,766,279 in
general government expenses less than originally estimated and general
government revenues higher than originally estimated; and
·
$18,263,112 in
major and other revenues higher than estimated.
These proposed adjustments result in an increase of $37,710,352 in
General Fund reserves. FY 2022 budget
projections currently assume the additional fund balance will
be used to balance the annual budget. Countywide (DB)
MARCH 22, 2022
4. PUBLIC
HEARINGS – 9:30 A.M.
C. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners of
Palm Beach County, Florida; amending Palm Beach County Code Chapter 17
(Ordinance 2011-015) pertaining to Mortgage Foreclosure Registration, Section
17-385, Providing for Repeal of Laws in Conflict; Providing for a Savings
Clause; Providing for Severability; Providing for Inclusion in the Code of Laws
and Ordinances; Providing for Enforcement; Providing for Penalty; Providing for
Captions; and Providing for an Effective Date. SUMMARY: On March 8, 2022, the Board of County Commissioners
approved the preliminary reading and permission to advertise for Public
Hearing. The Palm Beach County (County) Mortgage Foreclosure Registration
Ordinance (Ordinance) requires banks and mortgage companies to register
properties in default or foreclosure with the County or its designee, to make inspections of the properties, and to identify a
property manager or maintenance company as a point of local contact for each
property. The County Ordinance and fee were established in 2011 in response to the impacts the
mortgage foreclosure crisis of 2008 had on properties and neighborhoods due to
resulting property vacancies, decreases in property maintenance, and other
negative impacts that stem from a financial crisis. The County was challenged to identify and/or locate responsible parties
to notify if a property was in disrepair or to secure and maintain the
properties while going through the foreclosure process and this Ordinance
addressed these issues. Currently, and since implemented, the County has used a
vendor to register the applicable properties and to maintain a property status
and contact database that is accessible by the County Code Enforcement
Division. Per the Ordinance, the bank or mortgage holder pays the fee to
register and annually renew, if applicable, each property. The volume of
properties registering has significantly decreased and the utility of the program
is therefore under review. This amendment revises the annual registration fee
imposed to clearly reflect that the fee that is
collected by the County or its designee is to cover the cost of the
registration program. Unincorporated (SF)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL BOARD
MARCH
22, 2022
4. PUBLIC
HEARINGS – 9:30 A.M.
BOARD OF COUNTY COMMISSIONERS
SITTING AS THE ENVIRONMENTAL CONTROL
BOARD
D. HEALTH DEPARTMENT
1. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
sitting as the Environmental Control Board; amending Palm Beach County Code
Chapter 11, Article II, Section 11-20 (Ordinance 78-5, as amended by Ordinances
87-22, 89-14, 94-26, 97-58, 08-011, and 2014-028), and Section 11-24 (Ordinance
78-5, as amended by Ordinances 79-15, 85-25, 85-43, 87-22, 89-14, 92-23, 97-58,
08-011, and 2014-028); providing for County Health Department and Solid Waste
Authority permits, licenses and approvals; providing for a fee schedule;
providing for applicability; providing for a savings clause; providing for
repeal of laws in conflict; providing for severability; providing for inclusion
in the code of laws and ordinances; and providing for an effective date. SUMMARY: On March 8, 2022, the Board of County Commissioners approved the
preliminary reading and permission to advertise. The Palm Beach County
Environmental Control Act, Chapter 77-716, Laws of Florida, as amended,
establishes the Palm Beach County Board of County Commissioners as the Palm
Beach County Environmental Control Board and authorizes the Environmental
Control Board to adopt, revise, and amend from time-to-time appropriate
ordinances for the implementation, effective enforcement, administration and
interpretation of the Act. Palm Beach County Environmental Control Ordinance
No. 78-5, as amended and codified in Chapter 11, Article II of the Palm Beach
County Code was adopted for this purpose. The proposed
ordinance will amend the list of activities required to be
permitted, licensed or approved as necessary due to change in the laws
and regulations of the State of Florida, and update the fee schedule as
necessary to keep pace with rising costs and current regulatory requirements.
Major changes involve (a) adding fees in the newly established water laboratory
for microbiological and chemical sampling, testing, and analysis, (b) increasing
selected existing fees to offset increases in operating costs, (c) the addition
of new fee categories. Attachment 2 provides a narrative and fiscal analysis of
the proposed fee changes. If the ordinance is approved,
the proposed fee schedule will result in a revenue increase of $974,840. The
League of Cities reviewed the proposed ordinance amendment and adopted a motion
of “no objection”. Countywide (HH)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD
RECONVENE
AS THE BOARD OF COUNTY COMMISSIONERS
MARCH 22, 2022
A. AIRPORTS
1. Staff recommends
motion to approve: Amendment No. 5 to
the General Consulting Agreement with RS&H, Inc. for Consulting/Professional
Services in the amount of $1,325,943.87 and to exercise the second one year
renewal option for the continued performance of professional planning and
design services related to the approved Palm Beach County Airports Capital
Improvement Program. SUMMARY: The
Consulting Agreement with RS&H, Inc. for general airport planning and
design was approved by the Board on May 7, 2019 (R2019-0612) in the amount of $2,004,570.58 in order to
carry out the approved Capital Improvement Programs for the County’s Airports.
Amendment No. 1 was approved by the Board on May 5, 2020 (R2020-0414)
increasing the amount of the contract by $2,304,608.30. Amendment No. 2 was
approved by the Board on October 20, 2020 (R2020-1607) increasing the amount of
the contract by $3,196,990.03. Amendment
No. 3 was approved by the Board on May 4, 2021 (R2021-0576) exercising the
first one year renewal option for the continuation of services provided under
this agreement. Amendment No. 4 was
approved by the Board on June 15, 2021 (R2021-0844) increasing the amount of
the contract by $2,644,110.87. Approval of Amendment No. 5
will allow the County, at its sole discretion, to exercise the second one-year
renewal option for the continuation of services provided under this agreement
and will provide an additional $1,325,943.87 to complete the following tasks:
Palm Beach International Airport (PBI) Switchgear Normal Power Distribution
System Replacement Construction Administration (CA) & Resident Project
Representative Services; PBI 400Hz Ground Power Unit (GPU) Replacement CA &
RPR Services; PBI Pre-Conditioned Air and GPU Point-of-Use Design & Bidding
Services (Supplemental); and Task III Services - Miscellaneous Planning and
Engineering Services. Work to be completed
under these Task III Services will be issued in accordance with PPM CW-F-050,
by way of a separate proposal or task authorization. RS&H, Inc. is a
Jacksonville, Florida based firm; however, the majority of the work to be completed in this agreement will be managed through their
Fort Lauderdale, Florida offices in conjunction with several Palm Beach
County-based and South Florida-based sub-consultants and firms. A Disadvantaged Business Enterprise (DBE)
goal of 18% was set for this contract. RS&H, Inc. committed to 23% DBE
participation for this agreement. The
anticipated DBE participation based upon the approved tasks is 33.76%. The
current paid to date DBE participation is 32.05%. The DBE participation for
this Amendment is 41.13%. Pursuant to changes to Chapter 332, Florida Statutes,
effective October 1, 2020, a governing body of a commercial service airport may
not approve purchases of contractual services in excess of the Category Five threshold amount of $325,000 provided in Section
287.017, Florida Statutes, on a consent agenda.
This amendment exceeds the threshold amount and must
be approved on the regular agenda. Countywide
(AH)
MARCH 22, 2022
5. REGULAR AGENDA
B. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to adopt: a resolution authorizing the Department of Housing and
Economic Development to submit an Intermediary Relending Program (IRP)
Application for up to $1,000,000 to the United States Department of Agriculture
(USDA) Rural Development; authorizing acceptance of the funds awarded; and
authorizing the County Administrator or designee to execute the Loan
Application and all other documents necessary for implementation of the IRP. SUMMARY: Staff is recommending that the County
submit an application to USDA, which if approved will increase the County’s
$1.4M allocation to $2.4M. The IRP
provides gap financing to businesses located in the County’s western
communities to alleviate poverty and increase economic activity and
employment. These loan funds will be leveraged with other public and private loans, and
the borrower will pledge security as collateral. IRP
funds are Federal funds, which require no local match. District 6
(DB)
MARCH 22, 2022
5. REGULAR AGENDA
C. PALM TRAN
1. Staff recommends
motion to approve:
A) the addition of two Storekeepers, one Shipping &
Receiving Coordinator, three Special Projects Coordinators, three Electronics
Technicians, one Maintenance Supervisor and one Training & Technical
Specialist positions to the complement of Palm Tran;
B) an upward budget
amendment of $221,676, to Palm Tran’s Fund 1340, to increase the transfer from
the General Fund 0001 to fund the new positions;
C) a budget transfer of $221,676 from the General Fund 0001 to
recognize the increase in transfer to Palm Tran Operating Fund 1340 and
decrease the contingency reserve.
SUMMARY: The two Storekeepers and one Shipping &
Receiving Coordinator are necessary to support Palm Tran’s
Maintenance Section’s move to 24-hours 365-day operations at both the
North and South facilities. Three Special Projects Coordinators would serve as
Transit Video Review Specialists. They will ensure tracking system of requests
and videos are available for subpoenas and inquiries and will confirm
surveillance systems are functioning to assist in accountability, accuracy,
storage and retrieval of bus accidents, incidents, complaints and requests from
authorized personnel. The three Fare Box technicians are
needed to assist in maintaining the equipment for the new fare
collection system including the fareboxes, ticket
vending machines and Point of Sale devices.
The Maintenance Supervisor and three Transit Electronics Technicians are needed to maintain the growing number of electronics on
the fixed route buses needed to maintain safety and security such as cameras,
radios, Wi-Fi connections and digital information screens. The Training &
Technical Specialist is needed to provide on-going
training to the mechanics that maintain and repair the Palm Tran fleet of
vehicles. Countywide (MM)
MARCH 22, 2022
5. REGULAR AGENDA
D. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a continuing construction
manager at risk contract with the following contractors for the Fire Station
Capital Improvements Program - Renovations on an as needed basis through March
7, 2027.
Contractor Status SBE/Non-SBE
A)
Robling Architecture
Construction, Inc. (Robling) Local Non-SBE
B)
Kast Construction Company
LLC (Kast) Local Non-SBE
SUMMARY: This continuing contract provides for the
implementation of the renovation component of the Fire Rescue’s Comprehensive
Capital Improvements program. The aforementioned construction managers (CM) at
risk will provide preconstruction and construction management services for each
renovation project pursuant to a contractually Guaranteed Maximum Price. The
specific requirements of the work shall be determined
by individual task orders, work orders and amendments issued against this
continuing contract. Projects will be assigned on a
per station basis with the possibility of multiple renovation projects
proceeding concurrently at numerous County owned and managed Fire Stations. The scope of work includes but is not limited to: 1) roof repairs
and/or replacement; 2) window and/or door replacements; 3) primary and back-up
power system replacements; 4) heating and air conditioning system upgrades and
replacements; 5) replacement of fueling systems; 6) parking, paving, grading/
drainage improvements; 7) interior improvements to better facilitate
operations; 8) fencing and site security work; and 9) access control/closed
circuit television system improvements and installation. The
solicitation for the construction managers was advertised
on February 28, 2021 according to the Equal Business Opportunity Ordinance,
with final selection taking place on June 10, 2021. Protests
to the proposed award were filed by Kast, Robling and Core Construction
Services of Florida, LLC. Kast’s protest was denied
by the County’s Purchasing Director due to lack of standing. Robling’s protest was upheld,
leading to a revised award posting which then triggered Core’s protest filing.
A lengthy protest process ensued which included a hearing before a Special
Master. On November 30, 2021, the Special Master issued its decision to deny
Core’s protest and uphold the Purchasing Director’s decision. On February 3, 2021, the Goal Setting Committee established the
following Affirmative Procurement Initiatives: for selection a Small Business
Enterprise (SBE) evaluation preference of up to 15 evaluation points for SBE
plan and CM/SBE partnering, and for the construction phases under the contract
a 20% SBE subcontracting goal, of which 5% must be African American and or
Hispanic American participation, for the continuing contract. Neither
Robling nor Kast are certified Small/Minority/Women-Owned Business Enterprises.
Robling has partnered with MCO Construction and
Services Inc., a MBE CM, for preconstruction and construction management
services in the amount not less than 15% over the duration of the contract.
Kast has partnered with two MBE firms, Cooper Construction Management and
All-Site Construction Inc., for services in the amount not less than 5% of its
preconstruction CM fees, 25% of the CM overhead and profit fee, and 100% of the
firm’s construction phase staffing cost, respectively. The funding source for
projects under this continuing CM at Risk contract is from the Fire Rescue
Improvement fund. (Capital Improvements Division) Countywide (MWJ)
MARCH 22, 2022
5. REGULAR AGENDA
E. PARKS & RECREATION
1. Staff recommends
motion to name: a roadway within John Prince Park to “Jay DiPietro Way.” SUMMARY:
For nearly 30 years,
Jay DiPietro served as Chairman of the Club Managers
Association of America Florida Chapter Seminole Region (CMAA) Charity Golf
Tournament and Gala, which raised funds for 10-12 charitable organizations
supporting children with disabilities. One of those organizations was Special
Olympics Florida-Palm Beach County operated by the Parks and Recreation
Department. During his time as Chairman
of the charity golf tournament and under his leadership, Mr. DiPietro and the CMAA donated over
$500,000 to Palm Beach County and Special Olympics Florida for the naming
rights to the Therapeutic Recreation Complex in John Prince Park. Jay DiPietro was the long time General Manager of Boca West
Country Club and an advocate for children particularly those with special
needs. The roadway proposed to be named in his memory
leads from Lake Worth Road to the Boundless Playground, a four-acre accessible
playground that held a special place in his heart. This request is being brought to the Board for approval at the request of
Commissioner Maria Sachs. If approved, Parks will coordinate with Planning,
Zoning and Building to have the name officially processed and will fabricate a
street sign. District 3 (AH)
F. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to adopt: a resolution amending the
application fee schedule for reviewing a Traffic Impact Study for compliance
with Article 12 of the Unified Land Development Code and a Land Use Traffic
Study for compliance with Policy 3.5(d) of the Land Use Element of the
Comprehensive Plan. SUMMARY: All Traffic Impact Study and Land Use Traffic Study review
applications must be accompanied by the associated required fee. Fees are applied
countywide, including municipalities. Since the Board of County Commissioners
approved the original application fees on April 15, 2008, the fees have not
changed, whereas staff costs have increased. Adopting this resolution will
amend the application fees to account for current staff review costs, as well
as establish a method to adjust the fees to automatically increase to match the
increase in the Consumer Price Index (CPI) on October 1st
of each year. Fees will increase 10% every year until after the 5th
year, when fees will increase based on the CPI. On October 21, 2021, the
Engineering Department sent notice of the proposed fee changes to the Palm
Beach Chapter of the Florida Engineering Society (FES) and The Gold Coast
Builders Association (GCBA). A meeting
with the GCBA Executive Officer was held and addressed
their comments. No feedback was received from FES. Countywide (YBH)
MARCH 22, 2022
5. REGULAR AGENDA
G. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to adopt: a resolution amending Resolution
2018-0346, which provides for a schedule of fees imposed by the Palm Beach
County Division of Code Enforcement. SUMMARY: This resolution
amends Resolution 2018-0346, which provides for a schedule of fees to be charged by the Division of Code Enforcement (the
Division). This resolution is being processed simultaneous with changes to the Palm
Beach County Mortgage Foreclosure Registration Ordinance (the Ordinance) and
reflects the mortgage foreclosure registration fee to cover the costs of the
registration program. Unincorporated (SF)
H. COMMUNITY SERVICES
1. Staff recommends
motion to approve: a contract
for Provision of Services with Florida Association of Recovery Residences, Inc.
(FARR), for the period October 1, 2021, through September 30, 2022, for the
provision of providing education, training, and engaging FARR certified
recovery residences regarding the Recovery Capital Index (RCI), in an amount
not-to-exceed $60,000. SUMMARY: FARR is a new agency that will utilize
the RCI survey to educate and train providers. The initiative seeks to educate,
train and engage FARR certified recovery residences regarding a person’s whole
well-being using online-automated surveys. Palm Beach County (PBC) has an
interest in appropriately measuring long-term recovery outcomes in the recovery
residence environment through the use of RCI. The aim
of the project is to build recovery capital capacity within FARR certified
recovery residences in PBC. The intent is to foster an environment that
maximizes a resident’s opportunity to achieve long-term recovery through
education, monitoring and measuring outcomes. The
finalization of the contract was delayed due to an
extended review of the agency’s scope of work and budget. (Community
Services Department) Countywide (HH)
I. COUNTY ATTORNEY
1. Staff recommends
motion to approve: A) participation in
the Settlement Agreement and Release between the State of Florida and Endo
Health Solutions and Endo Pharmaceutical Inc., (Endo) and authorize the Mayor
to execute the Subdivision Settlement and Participation Form sought by
Florida’s Attorney General in furtherance of a settlement against Endo in the
National Multidistrict Opioid Litigation; and B) an inter-local agreement
with Municipalities that contain more than 50% of the total population of
municipalities in order to meet the requirements of the Florida Plan as a
Qualified County. SUMMARY: On February 8, 2022, the
Board of County Commissioners (BCC) granted the County Attorney’s request to
schedule a private meeting for an attorney-client session between the Board of
County Commissioners, the County Administrator, County Attorney, Chief
Assistant County Attorney and outside counsel, pursuant to Section 286.011(8),
Florida Statutes. The meeting was requested to discuss settlement negotiations
of pending litigation in which Palm Beach County is presently a party: In
re: National Prescription Opiate Litigation, Case Number: MDL 2804 (N.D.
Ohio); and Palm Beach County v. Purdue Pharma; et al., Case Number:
1:18-op-46121-DAP (N.D. Ohio). Based on the March 8, 2022, private meeting for
the attorney-client session, staff recommends the BCC to approve participation
in the Settlement Agreement and Release between the State of Florida and Endo,
and authorize the Mayor to execute the Subdivision Settlement and Participation
Form. Further, the County worked with the
Palm Beach County League of Cities to secure inter-local agreements with Palm
Beach County Municipalities that represent a more than 50% of municipalities’
total population as required by the Florida Plan. Countywide (DO)
J. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to approve: an updated Management Plan
(Plan) for Jupiter Ridge Natural Area. SUMMARY: The initial Plan was approved by the Board of County
Commissioners (BCC) in November 1996. A ten-year update to the plan was approved by the BCC on June 29, 2010. The Plan
identifies natural resources present on the natural area and provides for the
preservation, restoration, management and passive recreational use of those
resources. The Natural Areas Management Advisory Committee unanimously
recommended the Plan for approval at its September 17, 2021 meeting. The State
Acquisition and Restoration Council approved the updated plan on February 11,
2022. Initial invasive/nonnative vegetation removal,
fence and regulatory sign installation, and public use facilities have been completed. Annual management and operating costs,
including prescribed burns/mechanical vegetation reduction, ongoing invasive/nonnative
animal and plant control, repair and replacement of facilities, and biological
monitoring and reporting are estimated to be $152,803.
This cost is for the current fiscal year and is expected
to increase as described in the Summary of Fiscal Impact. Funds for capital
improvements, and annual management and operation of the site are expected to come from the Natural Areas Fund, Natural
Areas Stewardship Endowment Fund, Pollution Recovery Trust Fund, Ag Reserve
Land Management Fund, and/or ad valorem funding sources. District 1 (SS)
* * * * * * * * * * * *
MARCH 22, 2022
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 22, 2022
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
MARCH 22, 2022
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Request for off-site Proclamation declaring April 2022 as Guardian Ad
Litem Volunteer Appreciation Month in Palm Beach County
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER MELISSA MCKINLAY
Request
for off-site Proclamation declaring March 25-31, 2022 as National Farmworker
Awareness Week in Palm Beach County
District 7 – COMMISSIONER MACK BERNARD
MARCH 22, 2022
9. ADJOURNMENT
"If a person decides to appeal any
decision made by this Commission with respect to any matter considered at this
meeting or hearing, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal
is to be based."