April 12, 2022

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

APRIL 12, 2022

 

PAGE             ITEM

 

  6                    3B-2                REVISED MOTION: (Clerk)

Meeting Date                                   Meeting Type

November 3, 2021                           Comprehensive Plan

January 25, 2022                             Workshop

February 1, 2022                             Child Care Facilities Board

                                                            Environmental Control Hearing Board

 

10                    3H-1               REVISED SUMMARY: The FDOT is currently in the planning and design stages for improvements along East 7th Street to South Lake Avenue in Pahokee. As a part of the roadway project FDOT will be resurfacing the roadway, adding sidewalk on the south side of the road to provide sidewalk continuity along the corridor, and making lighting, signage and pavement marking improvements. The County will grant FDOT a license to occupy and use portions of the County’s properties for tying in existing property features with the roadway improvements to be constructed by FDOT. The license is subject to a resolution authorizing its adoption. (Property & Real Estate Management) District 6 (HJF) (FDO)

 

21                    3M-2               REVISED MOTION: Staff recommends motion to approve: a second amendment to Airspace Agreement between Palm Beach County (County) and the Florida Department of Transportation (FDOT), which expires on April 11, 2022.  This amendment will extend use of for the Blue Heron Bridge Causeway right-of-way property located adjacent to Phil Foster Memorial Park until a new agreement is executed. (Parks)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

28                    5B-1*               REVISED SUMMARY: Palm Beach County has participated in the SHIP Program since 1993. The State requires that Palm Beach County submit an LHAP to FHFC every three years. The proposed LHAP, which is due May 2, 2022, covers Fiscal Years 2022-2023, 2023-2024 and 2024-2025.  By approving this LHAP and submitting it to FHFC, the County will be in a position to receive funding under the SHIP Program during the three upcoming years when the State makes funding allocations to participating jurisdictions. The proposed LHAP maintains the existing strategies: Purchase Assistance, First Mortgage Loan Assistance Program, Owner Occupied Housing Rehabilitation, Emergency Repairs, Replacement Housing, Disaster Assistance, Foreclosure Prevention, Rental Housing Assistance, Developer Assistance Rental Program and Single Family New Construction.  The LHAP strategies are detailed in Attachment 4 to this agenda item. The LHAP contains the list of housing strategies the County anticipates using during the 3 year period (FY 2022 - 2025).   SHIP funding is approved annually by the State, and currently we are awaiting the Governor’s final approval of the State’s Budget. Today’s agenda item incorporates the State’s estimated funding for Palm Beach County for FY 2022-2023. To expend SHIP funding on a strategy, the strategy must be included in the LHAP. Some strategies are proposed for the LHAP, but funding may not be recommended at this time.  Those strategies are added to the toolbox for future use.  When the need to fund these strategies arise, the County can re-program SHIP funds or use the program income earned to fund the strategy. Additionally, the proposed LHAP includes a definition for Project Delivery Costs, which will be used to clarify costs associated with project implementation, and a first priority ranking for Veterans, Special Needs and Senior Citizens.  SHIP regulations require that at least 65% of a local jurisdiction’s allocation be earmarked for homeownership activities. These are State SHIP funds, which require no local match. Countywide (HJF) (HED)

 

28                    5B-2                ADD-ON: Staff requests Board direction: on the Countywide Housing Plan. SUMMARY: On March 29, 2022, the Board of County Commissioners directed staff to provide an update on the Housing Summit Steering Committee’s draft of the Countywide Housing Plan For All with 4 areas of focus including Funding & Financing, Planning & Regulatory Reform, Neighborhood Revitalization & Community Development and Racial Equity.  The primary recommendation of the Plan is for the County to approve a $200M bond program to create 20,000 units over a 10-year period equating to average subsidy of $10,000 per unit.  The Board directed staff to further review the plan, potential projects and funding sources that support affordable housing.  Staff will continue working with the Housing Summit Steering Committee and Housing Leadership Council to finalize the plan.  Countywide (HJF)

 

30                    5E-1                ADD-ON: Staff recommends motion to: A) approve prioritized project list; B) approve project selection criteria; and C) confirm continuance of activities to lead to the August 23, 2022 ballot for the Environmental and Water General Obligation Bond Referendum. SUMMARY:  Staff will provide a progress update on the proposed Environmental and Water General Obligation Bond Referendum, including ballot language due to the Supervisor of Elections by May 20, 2022, a prioritized project list, further details on anticipated operations and maintenance costs, proposed project selection criteria, and other timelines leading to the August 23, 2022 Primary Election. Countywide (DB) (Admin)

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).


           

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

APRIL 12, 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 6-25)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Page 26)

 

 5.        REGULAR AGENDA (Pages 27-30)

 

 6.        BOARD APPOINTMENTS (Page 31)

 

 7.        STAFF COMMENTS (Page 32)

 

 8.        BCC COMMENTS (Page 33)

 

 9.        ADJOURNMENT (Page 34)

 

 

 

 

* * * * * * * * * * *


APRIL 12, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

B. CLERK & COMPTROLLER

Page 6

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

 

C. ENGINEERING & PUBLIC WORKS

Page 6

3C-1   Contract with HSQ Group, Inc. for the Australian Avenue Drainage Improvements from Banyan Boulevard to 45th Street project

 

E. COMMUNITY SERVICES

Page 7

            3E-1    Appointments to the Homeless Advisory Board

 

F. AIRPORTS

Page 8

            3F-1    Receive and file grant agreement from the Federal Aviation Administration for Concessions Rent Relief

Page 9

            3F-2    Receive and file amendment to grant agreement from the Federal Aviation Administration for Airport Coronavirus Relief

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 10

            3H-1   Resolution approving a license in favor of Florida Department of Transportation for occupancy and use of three County properties in Pahokee

Page 11

            3H-2   Agreement with Florida Public Utilities for the Supervisory of Election Production Facility project

Page 12

            3H-3   Agreement with BellSouth Telecommunications, LLC for relocation of cable for the second Homeless Resource Center

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

I. HOUSING AND ECONOMIC DEVELOPMENT

Page 13

3I-1     Ratification of letter terminating the Job Growth Incentive Grant Agreement with Digital Risk, LLC

Page 14

3I-2     Receive and file amendments to agreements with two agencies for construction of homes

Page 15

3I-3     Amendment to Series A and C bonds for construction of a new medical detox facility in Delray Beach

 

K. WATER UTILITIES

Page 16

            3K-1    Twelve subordinations of county utility interests to the State of Florida Department of Transportation for easements located south and north of Atlantic Avenue and east of State Road 7

            3K-2    Resolution amending the Water Utilities Advisory Board resolution

Page 17

            3K-3    Contract with Hinterland Group Inc. for lift station improvements

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 18

            3L-1    Task order to contract with Olsen Associates, Inc. for topographic and hydrographic surveying

            3L-2    Appointment to the Natural Areas Management Advisory Committee

Page 19

            3L-3    Contract with the State of Florida Fish and Wildlife Conservation Commission for aquatic exotic plant control services

 

M. PARKS & RECREATION

Page 20

            3M-1   Recreation Facility Rental Agreement with the Young Men’s Christian Association for use of the America Therapeutic Recreation Complex in John Prince Park

Page 21

            3M-2   Amendment to Agreement with the Florida Department of Transportation for the Blue Heron Bridge Causeway right-of-way property

 

            N. LIBRARY

Page 21

            3N-1   Agreement with the Palm Beach County School Board to implement the Summer Food Services Program and all library branches

 

 

 

APRIL 12, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

P. COOPERATIVE EXTENSION SERVICE

Page 22

            3P-1    Grant agreement with the Western Palm Beach County Farm Bureau, Inc. for the Palm Beach County Sweet Corn Fiesta

 

S. FIRE RESCUE

Page 22

3S-1    Interlocal agreement with the Town of Highland Beach for Fire-Rescue Dispatch Services

Page 23

3S-2    Amendment to Interlocal Agreement with the Town of Palm Beach for Fire Vehicle Maintenance

           

            Z. RISK MANAGEMENT

Page 23

            3Z-1    Contract with Concentra for Occupational Health Physician/Medical Director Services

 

AA. PALM TRAN

Page 24

            3AA-1 Resolution authorizing submittal of application to the Palm Beach Transportation Planning Agency 2022 Local Initiatives Program to purchase four electric buses and four charging stations

 

CC. TOURIST DEVELOPMENT COUNCIL

Page 25

            3CC-1 Resolution amending the delegation of authority for execution of grant agreements to the County Administrator and/or the Palm Beach County Tourist Development Council Executive Director

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. PUBLIC SAFETY

Page 26

            4A-1    Issuance of Special Secondary Services Provider Certificate of Public Convenience and Necessity to Rural/Metro Fire Department, Inc. for Sikorsky Aircraft RMS

 

 

 

 

 

 

APRIL 12, 2022

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

A. AIRPORTS

Page 27

            5A-1    Amendment to contract with The Morganti Group, Inc., for miscellaneous airport improvements

 

            B. HOUSING AND ECONOMIC DEVELOPMENT

Page 28

            5B-1    Resolution approving the submission of the Local Housing Assistance Plan to the Florida Housing Finance Corporation

 

            C. COMMUNITY SERVICES

Page 29

            5C-1   Low Income Home Energy Assistance Program HVAC Replacement Program Guidelines

 

            D. COUNTY ATTORNEY

Page 30

            5D-1   Ordinance amending the Palm Beach County Solicitation and Distribution on Public Roads Ordinance

 

BOARD APPOINTMENTS (Page 31)

 

STAFF COMMENTS (Page 32)   

 

COMMISSIONER COMMENTS (Page 33)

 

ADJOURNMENT (Page 34)

 


APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

Meeting Date                                   Meeting Type

November 3, 2021                           Comprehensive Plan

January 25, 2022                             Workshop

February 1, 2022                             Child Care Facilities Board

                                                            Environmental Control Hearing Board

 

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:  a contract with HSQ Group, Inc. (HSQ) in the amount of $2,679,239.13 for professional engineering services for the Australian Avenue Drainage Improvements from Banyan Boulevard to 45th Street (Project).  SUMMARY: Approval of this contract will authorize the professional services necessary for preparation of design plans and construction bid documents to install a new closed drainage system and outfalls, replace and/or widen bridges, and reconstruct the roadway. The Affirmative Procurement Initiatives selected for this contract on October 7, 2020 by the Goal Setting Committee are a 20% minimum mandatory Small Business Enterprise (SBE) participation and an SBE evaluation preference. HSQ agreed to 90.35% SBE participation for this contract. On November 4, 2021, the Consultant’s Competitive Negotiation Act Selection Committee selected HSQ and, in accordance with PPM No. CW-O-048, the Board of County Commissioners was notified of the selection on November 5, 2021. HSQ is a Palm Beach County based company and a certified SBE company. This Project is included in the Five-Year Road Program and the infrastructure sales tax. District 7 (YBH)

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: the reappointment of one current member and appointment of one new member to the Homeless Advisory Board (HAB), effective April 12, 2022:

Seat No.

Reappointment

Seat Requirement

Recommended By

Term Expires

11

Joshua Butler

Formerly Homeless Individual or Family

Homeless and Housing Alliance

09/30/24

 

Seat No.

Appointment

Seat Requirement

Recommended By

Term Expires

6

Mason Youell

VA Medical Center

Veterans Administration Medical Center

09/30/24

 

 

 

 

 

 

 

 

SUMMARY:  On May 1, 2007, the Board of County Commissioners (BCC) established the HAB. Per Resolution No. R2016-0038, the total membership for the HAB shall be no more than 14 at-large members, comprised of members representing government, business providers, law enforcement, advocates, education, faith-based and the formerly homeless. Members representing Palm Beach County’s Continuum of Care and the homeless community are essential to the work of this board. Mr. Butler is an employee of Gulfstream Goodwill Industries, Inc. This agency contracts with the County for services. The HAB provides no regulation, oversight, management, or policy setting recommendations regarding the subject contracts or transactions. 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. The diversity count for the 11 seats that are currently filled is African-American: 6 (55%) and Caucasian: 5 (45%). The gender ratio (female: male) is 7:4. Mr. Butler is African-American and Mr. Youell is Caucasian. Staff conducts targeted outreach in an effort to proffer candidates for appointments that maintain a diverse composition of the board. (Division of Human and Community Services) Countywide (HH)

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS

 

1.         Staff recommends motion to:

 

A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-070-2022 in the amount of $2,964,535 for Concessions Rent Relief Airport Rescue Grant at Palm Beach International Airport (PBI).  Delegation of authority for execution of this grant was approved by the BCC on August 25, 2020 (R2020-1017).  This grant is effective as of January 7, 2022 with an expiration date of January 6, 2026;

 

B) receive and file Amendment No. 1 to FAA Grant Agreement Number 3-12-0085-070-2022 correcting a scrivener’s error; and

 

C) approve a budget amendment of $2,964,535 in the Airport’s Improvement and Development Fund to recognize the receipt of a grant from the FAA; including a transfer to Reserves in the amount of $2,964,535. 

 

SUMMARY:  The FAA has issued a Grant Offer (Assistance Listings Number 20.106) reflecting their commitment of funding of $2,371,628 to in-terminal Small Airport Concessions and $592,907 to in-terminal Large Airport Concessions for a total of  $2,964,535 for PBI.  On July 16, 2021, the Department of Airports submitted a grant application for the Concessions Rent Relief Airport Rescue, however; the Grant Agreement reflects an application date of July 16, 2022.  On March 2, 2022, the FAA provided Amendment No. 1 to correct said scrivener’s error.  Acceptance of this grant and Amendment No. 1 reimburses the Department of Airports for providing relief from rent and minimum annual guarantees to each eligible in-terminal airport concessions at PBI.  This grant began on January 7, 2022 and expires January 6, 2026. This grant does not require a local match. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to: 

 

A) receive and file Federal Aviation Administration (FAA) Letter Amendment (Amendment No. 1) to Grant Agreement Number 3-12-0085-066-2021 in the amount of $4,994 for Airport Coronavirus Relief Grant Program (ACRGP) at Palm Beach International Airport (PBI). Delegation of authority for execution of the grant was approved by the BCC on August 25, 2020 (R2020-1017). The grant is effective as of April 8, 2021 with an expiration date of April 7, 2025; and

 

B) approve a budget amendment of $4,994 in the Airport's Improvement and Development Fund to recognize the receipt of a grant from the FAA; including a transfer to Reserves in the amount of $4,994.

           

SUMMARY: On June 8, 2021, the Board approved FAA Grant Agreement Number 3-12-0085-066-2021 in the amount of $7,665,990 for PBI (R2021-0740).  The FAA has issued a Letter Amendment (Amendment No. 1) in the amount of $4,994 increasing the maximum obligation of the ACRGP grant from $7,665,990 to $7,670,984.  Acceptance of this Letter Amendment (Amendment No. 1) provides the Department of Airports with additional funding for the reimbursement of on-going operations and maintenance costs for PBI, after eligible U.S. airports declined or failed to claim their funds. This grant began on April 8, 2021 and expires on April 7, 2025. This grant does not require a local match. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to:

 

A) adopt a resolution approving a license in favor of Florida Department of Transportation (FDOT) for the occupancy and use of a portion of three County properties for tying in existing property features with the roadway improvements to be constructed by Florida Department of Transportation; and

 

B) approve a license in favor of FDOT which shall continue until completion of the roadway improvements, but no later than June 30, 2024.

 

SUMMARY: The FDOT is currently in the planning and design stages for improvements along East 7th Street to South Lake Avenue in Pahokee. As a part of the roadway project FDOT will be resurfacing the roadway, adding sidewalk on the south side of the road to provide sidewalk continuity along the corridor, and making lighting, signage and pavement marking improvements. The County will grant FDOT a license to occupy and use portions of the County’s properties for tying in existing property features with the roadway improvements to be constructed by FDOT. The license is subject to a resolution authorizing its adoption. (Property & Real Estate Management) District 6 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to: 

 

A) approve an agreement with Florida Public Utilities (FPU) for natural gas and to extend and install gas lines to the Supervisor of Election Production Facility (Facility) being constructed at 4215 Cherry Road in the amount of $90,857; and

 

B) authorize the County Administrator or designee, which in this case shall be the Director of Facilities, Development & Operations (FDO) to execute the agreement on behalf of the Board of County Commissioners (Board).  

 

SUMMARY: This agreement sets forth the terms and conditions under which FPU will provide natural gas, extend the main gas line and install a gas service line and meter at the Facility. This agreement is FPU’s standard agreement for these services, but it includes a non-standard indemnification provision. FPU’s counsel has advised that no changes can be made to their standard agreement without going before the Public Service Commission, which will take many months and cause the construction project to be delayed. The non-standard language provides that each party assume liability for their own actions, but does not reference the statutory limits of liability under Section 768.28, Florida Statutes, and therefore there is a possibility that the County could be held liable for an amount above the statutory limits. Due to the potential delay to the underlying construction project, in accordance with PPM CW-F-049, the Department of Risk Management and the County Attorney’s Office have approved the non-standard provision and Staff now seeks Board approval of this agreement and authorization permitting the FDO Director to execute this Agreement. The funding for this agreement is from the 51.05M NAV Public Improvement Revenue Bonds, 21A, CP, Supervisor of Elections Building Fund. (FDO) District 7 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to: 

 

A) approve an agreement with BellSouth Telecommunications, LLC., d/b/a AT&T Southeast (AT&T)(Agreement) for the relocation of cable to facilitate the construction of a turn lane that will grants access to the County’s second Homeless Resource Center (HRC2) in the amount of $9,872.90 (HRC2); and

 

B) authorize the County Administrator or designee, which in this case shall be the Director of Facilities, Development & Operations (FDO) to execute the Agreement on behalf of the Board of County Commissioners (Board).  

 

SUMMARY: This Agreement sets forth the terms and conditions under which AT&T will remove and relocate certain cable lines to permit the construction of a turn lane, which is part of the HRC2 construction project. This negotiated Agreement includes non-standard limitation of liability and indemnification provisions.  In accordance with PPM CW-F-049, the Department of Risk Management and the County Attorney’s Office have approved the non-standard       provisions and Staff now seeks Board approval of this Agreement and authorization permitting the FDO Director to execute this Agreement.  The funding source for this Agreement is from the Infrastructure Sales Tax fund. (FDO) District 3 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to approve:

 

A) the ratification of a letter dated February 22, 2022 terminating the Job Growth Incentive (JGI) Grant Agreement with Digital Risk, LLC (Company);

 

B) a budget amendment of $86,500 in the Economic Development Incentive Fund to establish a budget for the repayment received and a transfer back to the General Fund; and

 

C) a budget amendment of $300,000 in the General Fund to recognize the transfer of funds from the Economic Development Incentive Fund to the General Fund.

 

SUMMARY: On October 16, 2012, Palm Beach County entered into a JGI Grant Agreement (R2012-1592) (the Agreement) with the Company to provide a JGI not to exceed $300,000 over a period of three years.  Under the Agreement, the Company was required to create 600 new jobs with the first 150 new jobs to be created by December 31, 2014 and the remaining jobs to be created by 2018.  The Company was also required to maintain the new jobs for four years from the date of job creation. On April 10, 2019, the Company sent a letter to the Florida Department of Economic Opportunity Division of Strategic Business Development requesting a voluntary withdrawal from their Quick Action Closing Fund Agreement. The $86,500 funds paid to Company under the Agreement (R2012-1592) have been refunded to Palm Beach County. Approval of this letter will constitute termination of the original agreement. The undisbursed $213,500 funded by the general fund contingency reserve is being returned to the general fund. District 4 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

2.         Staff recommends motion to receive and file: the following HOME funded amendments to agreements.

 

A) Amendment 001 to a HOME Loan Agreement (R2021-1076) with Habitat Housing Solutions, Inc. for $315,672 extending the completion date from July 31, 2022 to March 31, 2023; and

 

B) Amendment 001 to a HOME Community Housing Development Organizations (CHDO) Loan Agreement (R2021-1077) with Community Land Trust of Palm Beach County, Inc. for $92,000 and a grant of $9,500 extending the completion date from May 31, 2022 to August 31, 2022.

 

SUMMARY: The documents have been executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Development in accordance with Agenda Item 5A-3 and 6D-4, as approved by the BCC on February 11, 2020, and November 17, 2020, respectively.  Agenda Item 5A-3 dated February 11, 2020, awarded HOME funds to successful respondents to Request for Proposal HES.2019.1, and Agenda Item 6D-4, dated November 17, 2020, awarded HOME/CHDO funds to successful respondents to Request for Proposal HES.2020.1. The Loan Agreement (R2021-1076) with Habitat Housing Solutions, Inc., provided $315,672 in HOME funding toward the construction of three single family homes in the Glades area.  The COVID-19 resurgence, supply chain issues and delays in the Loan closing have impacted the progress of the project extending project completion from July 31, 2022 to March 31, 2023. The Loan Agreement (R2021-1077) with the Community Land Trust of Palm Beach County, Inc. provided $92,000 in HOME funding toward the construction of a single family home in Lake Worth and a $9,500 grant for CHDO operating costs.  COVID-19 related issues have impacted the design portion of the project and an extension of project completion dates from May 31, 2022 to August 31, 2022 is required. 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.  HOME Program grant funds are Federal funds, which require a 25% local match provided by SHIP funds. Districts 3 & 6 (HJF)

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC DEVELOPMENT (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve a request for an Amendment to Series A of 2021 Bond, an Amendment to Series C of 2021 Bond and an Amendment to Loan Agreement R2020-0711 pursuant to which such Bonds were issued to finance a project on behalf of Caron of Florida, Inc.; and

 

B) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida authorizing the amendments to the Revenue Bonds, Series A, B and C of 2021 (the 2021 Bonds), previously issued in an aggregate principal amount not exceeding $47,885,000, for the purpose of making a loan to finance a project on behalf of Caron of Florida, Inc.; confirming that such revenue bonds shall not constitute a debt, liability or obligation of Palm Beach County, Florida or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues herein provided; approving and authorizing the execution and delivery of the documents necessary to complete such amendments.

 

SUMMARY:  The 2021 Bonds were issued on January 12, 2021 to finance a project consisting of: (i) the construction, installation and equipping of a new medical and detox facility to be located at 4675 W. Linton Boulevard, Delray Beach, Florida; (ii) the acquisition and renovation of Fairways on the Green, a residential housing facility used for extended care treatment services to individuals suffering from chemical dependency, sexual trauma and gambling addiction located at 2045 Lowson Boulevard, Delray Beach, Florida; and (iii) the payment of the costs of issuance of the 2021 Bonds.  The proposed amendments will: (a) modify the terms of the Series A of 2021 Bond and the Series C of 2021 Bond to, among other things: (i) convert the interest rate from a variable rate to a fixed rate; and (ii) modify the prepayment provisions of the Series A of 2021 Bond and the Series C of 2021 Bond; and (b) make corresponding amendments to the Loan Agreement and make certain other necessary amendments to the terms and conditions of the Loan Agreement.  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 2021 Bonds.  Districts 4 & 7 (DB)

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

            K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: twelve Subordinations of County Utility Interests to the State of Florida Department of Transportation (FDOT). The Subordinations of Utility Easements includes portions of the following easements recorded in the Official Records of Palm Beach County: ORB 14959 Page 0909, ORB 20051 Page 0166, ORB 20051 Page 0170, ORB 20051 Page, 0174, ORB 20294 Page 438, ORB 220294 Page 0438 and ORB 25595 Page 1127. SUMMARY: The FDOT has an interest in portions of the utility easements recorded in the Official Records of Palm Beach County as noted above that have been determined necessary for highway improvement purposes. The utility easements are located south and north of Atlantic Avenue and east of State Road 7. The proposed use of these lands for highway improvement purposes will require subordinations of the interest claimed in such lands by the County to FDOT.  The facilities located within the utility easements and covered by the Subordinations include two 6-inch force main stub outs, a 4-inch force main stub out, a 4-inch force main, and an 8-inch water main.  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 subordinations of utility interests will not affect any existing public utility facilities and therefore recommends the subordinations. District 5 (MWJ)

 

2.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners or Palm Beach County, Florida, Amending Resolution R2014-0457, Relating to the Water Utilities Advisory Board (WUAB). SUMMARY: Resolution No. R2014-0457 provides for an 11 member WUAB.  The membership consists of seven District members, two Countywide At-Large members, one Lake Region member and one Royal Palm Beach member. The requested change includes those districts in which the Department provides water and wastewater service to less than 10% of the district area; that District Member is not required to be a current customer of the Department but is preferable that District Members are either a current customer of the Department or a customer of a local government utility which purchases bulk water or wastewater service from the Department. The WUAB has 11 seats, 8 seats currently filled and a diversity count of 6 Caucasian (75%), 1 Hispanic-American (12.5%), 1 African-American (12.5%). The gender ratio (male/female) is 5:3.  Countywide (MWJ)

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

            K.        WATER UTILITIES (Cont’d)

 

3.         Staff recommends motion to approve: a contract for the improvements to Lift Stations 1043, 1045 and 5209 (Project) with Hinterland Group Inc. (HGI) in the amount of $1,822,000. SUMMARY: On July 7, 2021, the Palm Beach County Water Utilities Department (PBCWUD) received four bids for the Project.  The Project provides for the rehabilitation of Lift Stations 1043, 1045, and 5209; and includes mechanical, electrical, and civil rehabilitation including new pumps, control panels and appurtenances, discharge piping, wet well and manhole coating, new potable water services, one new wet well, and temporary bypass pumping. This contract was procured under the requirements of the Equal Business Opportunity Ordinance. On May 19, 2021, the Goal Setting Committee approved an Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting participation of which 5% shall be among certified African American and/or Hispanic American owned firms. The low bidder Foster Marine Contractors, Inc., (FMC) failed to meet the established API for the Project, and therefore their bid was found to be non-responsive, due to the failure of FMC to list subcontractors on their Schedule 1 and failure to submit Schedule 2 documents for those subcontractors. On September 24, 2021, FMC filed a bid protest claiming the Office of Equal Business Opportunity’s evaluation was inconsistent and the County should waive these irregularities.  On December 14, 2021, FMC formally withdrew their bid protest citing rising costs. No further action was taken on behalf of FMC. The second lower bidder BLDM USA, LLC failed to meet the established API for the Project, and therefore their bid was found to be non-responsive. HGI was determined to be the lowest responsive and responsible bidder in the amount of $1,822,000. HGI has met the established API for this Project. The contract with HGI provides for 21.69% SBE participation, which includes 5.67% MBE, 0.3% MBE (B), and 5.37% MBE (H). HGI is a Palm Beach County based company. The Project is included in the PBCWUD FY22 budget. (PBCWUD Project No. 20-008) Districts 3 & 5 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to approve: Task Order No. 1543-15 to a continuing contract with Olsen Associates, Inc. (Olsen) in the amount of $179,163 to provide professional engineering, environmental surveys, reporting, and documentation to be used in permit required monitoring. SUMMARY:  On October 8, 2019, the Board of County Commissioners approved the contract (R2019-1543) with Olsen, a Jacksonville company. Task Order No. 1543-15 authorizes Olsen to conduct yearly topographic and hydrographic surveying required by project permits. The task order also contains optional tasks for post-hurricane surveys and damage assessment reports to aid in securing disaster assistance funding.  Costs will be paid from the Beach Improvement Fund. The contract requires Olsen to adhere to 20% mandatory Small Business Enterprise (SBE) subcontracting goal as the Affirmative Procurement Initiative. Olsen has agreed to 24% SBE participation. The SBE participation for this task order is 70.6%. Districts 1 & 4 (YBH)

 

2.         Staff recommends motion to approve:  the appointment of one At-Large member to the Natural Areas Management Advisory Committee (NAMAC). Seat No. 6 is for a term of two years and five months beginning April 12, 2022 through September 30, 2024.

 

 

Seat No.

Appointment

Seat Requirement

Term Ending

Nominated By

6

Don Marchetto

Citizen with interest in preservation & conservation of natural areas

9/30/24

Mayor Weinroth

Vice Mayor Weiss

Comm. Marino

Comm. Kerner

Comm. McKinlay

Comm. Bernard

 

                                                                                                                   

 

 

 

 

 

 

 

 

SUMMARY: Resolution No. R2013-1328 provides for a seven-member NAMAC.  Membership consists of one member with experience in the management of natural areas, one biological scientist, one professional educator with knowledge of South Florida ecosystems, one representative of a local municipal government parks and recreation program, one member of the Palm Beach County Parks and Recreation Department staff, and two citizens having an interest in preservation and conservation of natural areas.  With this appointment, all seven seats will be filled and diversity count of Caucasian: 6 (86%), and African American: 1 (14%). The gender ratio (female:male) is 4:3. Seat No. 6 nominee is a Caucasian male. Staff continues to address the need for increased diversity within our boards and will encourage expansion of this Board’s diversity.  Countywide (SS) 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

3.         Staff recommends motion to:

 

A)  approve Governmental Contract No. FWC21149 with the State of Florida Fish and Wildlife Conservation Commission (FWC) providing funding, to be specified in a task assignment on a reimbursable basis based on actual activities completed, for a three-year period of aquatic exotic plant control services performed by Palm Beach County’s Department of Environmental Resources Management, Mosquito Control Division, on a task assignment basis, beginning upon execution of the Contract and ending three years after the date of execution; and

 

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

 

SUMMARY:  The Governmental Contract No. FWC21149, through task assignments, will provide funding for the Aquatic Plant Control Program on a reimbursement basis, with approval by the FWC of Mosquito Control’s annually submitted work plans. This contract contains an indemnification and termination provision that differs from that adopted for use by the County under PPM CW-F-049. In accordance with PPM CW-F-049, the Risk Management Department and the County Attorney’s Office have reviewed the terms and agreed to the deviations, taking into consideration the County’s need to perform aquatic exotic vegetation control services on eligible water bodies within Palm Beach County, the County’s current performance of such work and liability for its acts, and the non-waiver of sovereign immunity beyond the statutory caps of Section 768.28, Florida Statutes. There is no cost to the County. Districts 2, 3 & 4 (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: a Recreation Facility Rental Agreement with the Young Men’s Christian Association of the Palm Beaches, Inc. (YMCA) for use of the swimming pool and other recreation facilities at the Club Managers Association of America Therapeutic Recreation Complex (TR Complex) in John Prince Park for the period May 1, 2022 to April 30, 2023 with two one year renewal options. SUMMARY:   On January 12, 2021, the Board approved a Lease Agreement with the YMCA for five acres of land in Lake Lytal Park to relocate their existing Branch located in Palm Springs.  In the next few months, the YMCA will close on the sale of their existing property and have to vacate the premises.  While waiting for their new facility to be constructed within Lake Lytal Park, the YMCA and Parks have collaborated on a partnership that will allow the YMCA to offer expanded services to their members and the general public and reduce operational costs to the County. The Facility Rental Agreement requires the YMCA to assume all operations of the Gleneagles Country Club Aquatic Center including all staffing, lifeguard services and scheduling of all aquatic, recreational and instruction-based programming.  The seasonal facility will be operated on a year round basis providing expanded recreational opportunities during the winter months. The YMCA will provide services to both its members and non-members and will not require the general public to become members.  The YMCA will coordinate the schedule to ensure that all previously established County programs are maintained.  The YMCA will be responsible to provide all janitorial services of the pool and deck, restrooms and support areas.  The YMCA will also be permitted to use the Fountains Country Club Recreation Center up to 25 hours per week for classes and programs.  These services will be made available to members and non-members and these expanded programs will not displace previously established County programs. The YMCA has agreed that any and all charges for aquatic or recreation programs will be at or near the County established fee schedule and the YMCA will pay a monthly rental fee of $5,628 for the use of Park facilities. Staff feels this agreement is a win-win for both parties as the YMCA has the opportunity to continue offering services and the County is the recipient of expanded year round programming at the TR Complex at no additional cost. District 3 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

2.         Staff recommends motion to approve: a second amendment to Airspace Agreement between Palm Beach County (County) and the Florida Department of Transportation (FDOT), which expires on April 11, 2022.  This amendment will extend use of for the Blue Heron Bridge Causeway right-of-way property located adjacent to Phil Foster Memorial Park until a new agreement is executed. SUMMARY: On April 12, 2002, the County entered into a 20 year Airspace Agreement (R2002-0358) with FDOT for the causeway property underneath the Blue Heron Bridge adjoining Phil Foster Memorial Park for public park purposes. In 2004, the agreement (R2004-1458) was modified to allow launching of non-motorized vessels under the bridge. The current agreement expires on April 11, 2022 and the County and FDOT have been working on a new agreement for several months. Since the terms and conditions of the new agreement have yet to be finalized, FDOT is providing the County with a second amendment to the Airspace Agreement with language allowing the County to continue to occupy the premises until a new agreement can be finalized. This amendment continues for an indefinite period and only expires upon execution of a new lease agreement with FDOT. District 7 (AH)

 

 

            N.        LIBRARY

 

1.         Staff recommends motion to approve: an agreement with the Palm Beach County School Board to implement the Summer Food Services Program for children at all Palm Beach County Library System branches during the summer months from May 31, 2022 through August 31, 2025, excluding holidays and weekends, with automatic annual renewals until one party terminates the Agreement, not to exceed five years. SUMMARY:  The School Board Summer Food Service provides meals to all children in approved geographical areas of need where 50 percent or more of the children qualify for free and reduced price meals during the school year.  All children up through age 18 are eligible for nutritious lunch meals and an afternoon snack. The service is conducted by the Palm Beach County School Board School Food Service who will serve lunch in the meeting rooms of the selected Palm Beach County Library System locations. Summer Food Services staff members are responsible for delivery, distribution, and clean up during the lunch program. The School Board will leave snack items to be shared in the late afternoon from the Children’s Services desks in the library for children through age 18. Since the summer of 2017, over 180,000 lunches and snacks were served at Palm Beach County Library System locations as part of a larger effort to serve the nutritional needs of Palm Beach County residents. Countywide (AH)

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to approve:  a grant agreement with the Western Palm Beach County Farm Bureau, Inc. in an amount not to exceed $25,000 from Agricultural Economic Development Program funds to assist in conducting the 2022 Palm Beach County Sweet Corn Fiesta. SUMMARY:  The 2022 Palm Beach County Sweet Corn Fiesta will be held on April 24, 2022. This agreement allows for reimbursement of expenses incurred after December 1, 2021.  This event will increase public awareness of local agriculture on a regional and statewide basis.  It provides an opportunity for a local agricultural organization, the Western Palm Beach County Farm Bureau, to stage an event that will make our residents more aware of the economic significance of our largest vegetable row crop in our County’s billion-dollar agricultural industry while bringing in people from surrounding counties. The Sweet Corn Fiesta is planning on opening and operating this year in accordance with CDC guidelines. This is the 22nd year for the event. The Palm Beach County Agricultural Enhancement Council has reviewed the request and met with representatives of the Western Palm Beach County Farm Bureau. Countywide (AH)

 

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to approve: an Interlocal Agreement for Fire-Rescue Dispatch Services with the Town of Highland Beach (Town), for a period commencing on November 1, 2023 through April 30, 2034. SUMMARY: In an effort to enhance the provision of fire-rescue services, the Board of County Commissioners authorized the Fire Rescue Department to provide countywide communications services effective June 1, 2005. The Town is set to commence providing fire-rescue services on May 1, 2024 and the agreement provides for a contractual commitment for dispatch services to the Town as part of the Countywide Common Dispatch program. The agreement further authorizes the Fire Chief or designee and the Town's Fire Chief or designee to enter into Letter(s) of Understanding to develop Common Dispatch plans and procedures. The proposed agreement is for a ten year period through April 30, 2034. Countywide (SB)

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE (Cont’d)

 

2.         Staff recommends motion to approve: a first amendment to Interlocal Agreement (R2012-0457) with the Town of Palm Beach (Town), to retroactively extend the term of the agreement allowing Palm Beach County Fire Rescue (PBCFR) to provide Fire Vehicle Maintenance to the Town from March 20, 2022 through March 19, 2027.   SUMMARY: The agreement, which provides the terms and conditions under which PBCFR Support Services personnel provides maintenance and emergency repair services to the Town’s Fire-Rescue emergency response apparatus expired on March 20, 2022. The parties desire for the County to continue to provide such services to the Town for five additional years. The Town has approved a renewal to retroactively extend the term of the agreement through March 19, 2027 and the renewal now requires the Board approval. The amendment extends the term, updates standard County provisions and adds language on fleet connectivity modules and vehicle transportation. Countywide (SB)

           

 

Z.         RISK MANAGEMENT

 

1.         Staff recommends motion to approve: a contract for Occupational Health Physician/Medical Director Services with Concentra to provide full-time, on-site physician services for the County’s occupational health clinic for the period of April 12, 2022 through April 12, 2023 with two two-year options to renew at the County’s sole discretion in a not-to-exceed, all-inclusive amount of $464,900. SUMMARY: Staff issued a Request for Proposals for Occupational Health Physician services due to our current physician – Earl Campazzi of Island Medical Care electing to terminate his current contract with 90-day notice in order to focus more on his private practice after 16 years of service to the County.  The new contract with Concentra calls for on-site occupational health physician services five days per week, eight hours per day. The contract with Concentra provides for on-site physician services for a not-to-exceed amount of $464,900 in year one with two two-year options to renew containing an annual Consumer Price Index increase at an amount not to exceed 3% annually. Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.     PALM TRAN

 

1.         Staff recommends motion to adopt:

 

A)  a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, authorizing the submittal of an application for financial assistance pursuant to the Palm Beach Transportation Planning Agency (TPA) 2022 Local Initiatives Program for a proposed transportation project to acquire four electric buses and four charging stations in addition to agreeing to fund the ongoing maintenance and operations expenses associated with the project; and

 

B)  a Resolution of the BCC of Palm Beach County, Florida, authorizing the submittal of an application for financial assistance pursuant to the TPA 2022 Local Initiatives Program for a proposed transportation project for Palm Beach County bus stop improvements in addition to an agreement to fund the ongoing maintenance and operations expenses associated with the project.

 

SUMMARY:  Local Initiatives grants, through the TPA, have funding availability of up to $5 million in federal money to assist public agencies in implementing specific projects.  Palm Tran is requesting funds needed to acquire four electric buses and four charging stations. If approved, the grant funds will be available in Fiscal Year 2027 for Palm Tran to replace four diesel buses that have reached the end of their useful life with four electric buses and provide the stations to charge the buses. The current cost of an electric bus is $1,144,929 and the cost of a charging station is $112,500.  Palm Tran is also requesting funds for a Bus Stop Improvement Program that will provide Palm Tran passengers with upgraded bus shelters and improved passenger amenities at their bus stops.  Based on preliminary capital cost estimates, the cost of improvements at each bus stop will range from $21,000 for a bus stop with fewer amenities, to $132,000 for a bus stop with the highest level of amenities. Palm Beach County is requesting $5,000,000 per project to help offset the total project cost of each endeavor. If awarded, there is a 20% match, which will be met with transportation development credits granted by Florida Department of Transportation. No County funds are required. Countywide (MM)

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida amending Resolution No.  R94-702 that delegated authority to the County Administrator and/or the Palm Beach County Tourist Development Council Executive Director for the execution of standard form grant agreements with grantees requesting Categories A, B, F, and G, grant funds.  SUMMARY: This resolution amends the resolution (Resolution No. R94-702) that approved, among other things, the Category G Standard Grant Agreement (Agreement), which is managed by the Palm Beach County Sports Commission, to promote consistency with uniform policies and procedures for grant management. This resolution deletes and replaces the agreement that was approved under Resolution R94-702. The new agreement eliminates restrictions related to the Event Budget, adds language to clarify that reimbursement is restricted to allowable expenses, corrects a typo in section 2.2, eliminates the requirement for line-item expense restrictions, and allowing for flexibility of spending within the allowable expense categories.  Countywide (YH)

 

 

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APRIL 12, 2022

 

 

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

 

A.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: the issuance of a Special Secondary Service Provider Certificate of Public Convenience and Necessity (COPCN) with conditions to Rural/Metro Fire Department, Inc. (Rural/Metro Fire) for Sikorsky Aircraft RMS community located at 17900 Beeline Highway, Jupiter, Florida (Sikorsky community).  SUMMARY: Rural/Metro Fire has applied for a Special Secondary Service Provider COPCN to provide Advanced Life Support (ALS) first response, non-transport services for the Sikorsky community pursuant to its contract with Sikorsky Aircraft Corporation.  The Department of Public Safety, Division of Emergency Management has reviewed the application and recommends approval of a Special Secondary Service ALS Provider - Non-Transport COPCN to be issued to Rural/Metro Fire. The application was found to be in compliance and eligible for a one-time COPCN with conditions based on the PBC Code of Ordinances, Chapter 13, Sections 13-22.  The COPCN will be issued for operations restricted to the confines of the Sikorsky community for the period of April 12, 2022, until Rural/Metro Fire contractual agreement with Sikorsky Aircraft is terminated.  Palm Beach County Fire Rescue is the Primary COPCN holder for the Sikorsky community. In accordance with law, Rural/Metro Fire has signed a Memorandum of Understanding with Palm Beach County Fire Rescue to coordinate their emergency services at an emergency scene.  The Emergency Medical Services Advisory Council has also approved the recommendation to grant Rural/Metro Fire a Special Secondary Service ALS Provider - Non-Transport COPCN. District 1 (SB)

 

 

 

 

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APRIL 12, 2022

 

 

5.         REGULAR AGENDA

 

A.        AIRPORTS

 

1.         Staff recommends motion to approve: 

 

A) Amendment No. 9 to the Construction Manager (CM) at Risk Contract (Contract) with The Morganti Group, Inc. (MGI) for CM at Risk Services for Miscellaneous Airport Improvements for Palm Beach County Department of Airports (Department) in the amount of $889,840 and 175 calendar days for Work Order SMC 12: West People Tube Repair at Palm Beach International Airport (PBI); and

 

B) a budget transfer of $889,840 in the Airport’s Improvement and Development Fund to provide budget for the project, including a transfer from Reserves in the amount of $889,840.

 

SUMMARY: The CM at Risk Contract with MGI was approved by the Board on August 20, 2019 (R2019-1221). The Contract is for two years with three one-year renewal options for CM at Risk Services for Airport Improvements for the Department.  MGI is a Danbury, Connecticut, based firm; however, the work will be directly managed by their southeast regional office in Palm Beach County. The County has exercised the first one-year renewal option. The contract value to date is $7,348,832.71. Approval of Amendment No. 9 in the amount of $889,840 and 175 calendar days will enable MGI to complete SMC 12: West People Tube Repair at PBI. This project includes repairs to the elevated pedestrian walkway between the long term parking garage and the terminal. The damage was caused by an operator of an oversized vehicle failing to heed the early warning signs for the maximum clearance height on the ground level south entrance lanes to the terminal. The vehicle struck the bottom of the walkway causing damage to the stucco façade, framing, fire sprinklers and electrical systems.  The walkway was not being used at the time and was closed until it was determined that there was no structural damage.  The project was presented to the Goal Setting Committee on March 2, 2021 and an Affirmative Procurement Initiatives of 12% SBE participation was applied.  The subcontractor SBE participation on this project is 86%. In addition, MGI’s S/MBE teaming partner, Cooper will provide 15% of the Construction Management fees. Current cumulative subcontractor S/M/WBE participation for all work orders to-date under this contract including this amendment is 42%.  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)

 

 

 

 

APRIL 12, 2022

 

 

5.         REGULAR AGENDA

 

B.        HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, approving the Local Housing Assistance Plan (LHAP) as required by the State Housing Initiatives Partnership (SHIP) Program, Subsections 420.907-420.9079, Florida Statutes, and Rule, Chapter 67-37, Florida Administrative Code, authorizing and directing the County Administrator or designee to execute any necessary documents and certifications needed by the State, authorizing the submission of the LHAP for review and approval by the Florida Housing Finance Corporation (FHFC); and providing for an effective date. SUMMARY: Palm Beach County has participated in the SHIP Program since 1993. The State requires that Palm Beach County submit an LHAP to FHFC every three years. The proposed LHAP, which is due May 2, 2022, covers Fiscal Years 2022-2023, 2023-2024 and 2024-2025.  By approving this LHAP and submitting it to FHFC, the County will be in a position to receive funding under the SHIP Program during the three upcoming years when the State makes funding allocations to participating jurisdictions. The proposed LHAP maintains the existing strategies: Purchase Assistance, First Mortgage Loan Assistance Program, Owner Occupied Housing Rehabilitation, Emergency Repairs, Replacement Housing, Disaster Assistance, Foreclosure Prevention, Rental Housing Assistance, Developer Assistance Rental Program and Single Family New Construction.  The LHAP strategies are detailed in Attachment 4 to this agenda item. The LHAP contains the list of housing strategies the County anticipates using during the 3 year period (FY 2022 - 2025).   SHIP funding is approved annually by the State, and currently we are awaiting the Governor’s final approval of the State’s Budget. Today’s agenda item incorporates the State’s estimated funding for Palm Beach County for FY 2022-2023. To expend SHIP funding on a strategy, the strategy must be included in the LHAP. Some strategies are proposed for the LHAP, but funding may not be recommended at this time.  Those strategies are added to the toolbox for future use.  When the need to fund these strategies arise, the County can re-program SHIP funds or use the program income earned to fund the strategy. Additionally, the proposed LHAP includes a definition for Project Delivery Costs, which will be used to clarify costs associated with project implementation, and a first priority ranking for Veterans, Special Needs and Senior Citizens.  SHIP regulations require that at least 65% of a local jurisdiction’s allocation be earmarked for homeownership activities. These are State SHIP funds, which require no local match. Countywide (HJF)

 

2.         Staff requests Board direction: on the Countywide Housing Plan. SUMMARY: On March 29, 2022, the Board of County Commissioners directed staff to provide an update on the Housing Summit Steering Committee’s draft of the Countywide Housing Plan For All with 4 areas of focus including Funding & Financing, Planning & Regulatory Reform, Neighborhood Revitalization & Community Development and Racial Equity.  The primary recommendation of the Plan is for the County to approve a $200M bond program to create 20,000 units over a 10-year period equating to average subsidy of $10,000 per unit.  The Board directed staff to further review the plan, potential projects and funding sources that support affordable housing.  Staff will continue working with the Housing Summit Steering Committee and Housing Leadership Council to finalize the plan.  Countywide (HJF)

 

 

APRIL 12, 2022

 

 

5.         REGULAR AGENDA

 

            C.        COMMUNITY SERVICES

 

1.         Staff recommends motion to:

 

A) approve the Low Income Home Energy Assistance Program (LIHEAP) HVAC Replacement Program Guidelines; and

 

B) authorize the County Administrator or designee to execute agreements with eligible property owners, and amendments thereto, related certifications, and all other documents necessary to implement the LIHEAP HVAC Replacement Program.

 

SUMMARY: The Community Services Department (CSD) received $11,684,535 in LIHEAP funding to assist low-income households in meeting their immediate home energy needs. These funds have historically been used to assist clients with their electricity bills. However, many low- income homeowners have the need to replace their air conditioning units. Replacement of heating/cooling units is an allowable expense under the LIHEAP grant. To meet this need, CSD is implementing the LIHEAP HVAC Replacement Program, beginning with a pilot program for unincorporated areas and expanding to other jurisdictions in FY 2023. The Community Action Program will work with the Division of Senior and Veteran Services for outreach and assistance to seniors who are eligible for this program. CSD expects to assist 100 clients in FY 2022 through this program. No County match is required. (Community Action Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APRIL 12, 2022

 

 

5.         REGULAR AGENDA

 

            D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve on preliminary reading and advertise for public hearing on Tuesday, April 26, 2022: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida (County) repealing County Code Chapter 18, Article I, Section 18-17, the “Palm Beach County Solicitation and Distribution on Public Roads Ordinance” (Solicitation Ordinance); providing for repeal of laws in conflict; providing for inclusion in the code of laws and ordinances; providing for an effective date.  SUMMARY: Adoption of this ordinance repeals the Solicitation Ordinance, which prohibits persons from displaying information of any kind, distributing materials or goods, or soliciting business or charitable contributions of any kind, on roads. In light of recent First Amendment case law, where courts have found regulations similar to the Solicitation Ordinance as unconstitutional, staff recommends repeal of the Solicitation Ordinance in its entirety. Countywide (YBH)

 

E.        ADMINISTRATION

 

1.         Staff recommends motion to:

 

A)  approve prioritized project list;

 

B)  approve project selection criteria; and

 

C) confirm continuance of activities to lead to the August 23, 2022 ballot for the Environmental and Water General Obligation Bond Referendum.

 

SUMMARY:  Staff will provide a progress update on the proposed Environmental and Water General Obligation Bond Referendum, including ballot language due to the Supervisor of Elections by May 20, 2022, a prioritized project list, further details on anticipated operations and maintenance costs, proposed project selection criteria, and other timelines leading to the August 23, 2022 Primary Election. Countywide (DB)

 

 

 

 

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APRIL 12, 2022

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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APRIL 12, 2022

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

 B.       COUNTY ATTORNEY

 

 

 


APRIL 12, 2022

 

 

8.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER MARIA G. MARINO

 

           

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

Request for off-site Proclamation declaring April 24-30, 2022 as National Crime Victims’ Rights Week 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 April 28, 2022 as Workers' Memorial Day in Palm Beach County

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 


APRIL 12, 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."