January 10, 2023
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JANUARY 10, 2023
PAGE ITEM
1 2C ADD-ON:
Oath of Office to Newly Appointed County Commissioner (To be administered by
Judge Artau)
1 2D ADD-ON: Roll call
12 3E-2 REVISED MOTION: Staff recommends motion to approve: two appointments to the Citizens Advisory Committee on Health and Human Services (CAC/HHS), effective January 10, 2023: (Comm Svs)
Seat No. |
Appointment |
Seat Requirement |
Term Ending |
Nominated By |
8 |
Charlotte
Leonard |
League
of Cities Representative |
09/30/23 |
Mayor Weiss Commissioner Marino
Commissioner Bernard CAC/HHS |
|
|
|
|
|
10 |
Dr. Barbara Cox Gerlock |
A
Component of the Health
and Human Services System of Care |
09/30/25 |
Mayor Weiss Commissioner Marino
Commissioner Bernard CAC/HHS |
30 3DD-1 REVISED MOTION: Staff recommends motion to
approve: a contract with the Legal Aid Society of Palm Beach County, Inc.
for the three year period January 1, 2023 through December 31, 2025 for the
Wage Dispute Project totaling $449,209.77 $435,999 of which
$145,333 is budgeted in contract year 2023 with an anticipated 3% annual
increase for a potential allocation of $149,692.99 $145,333 in
each subsequent contract year, for year two and $154,183.78 for year
three, contingent upon a budgetary appropriation by the Board of County
Commissioners, for the term of the contract. (OEO)
33 4A DELETED (District 4)
33 4B REVISED DISTRICT: Proclamation declaring January 2023 as Human
Trafficking Prevention Month in Palm Beach County (District 3 6)
36 5B-1 DELETED/POSTPONED
TO JANUARY 24, 2023 (Admin)
37-38 5C-1 REVISED MOTION
AND SUMMARY: Staff recommends motion to: A) approve an American
Rescue Plan Act (ARPA) Response Replacement Fund award in the amount of
$2,358,001 to Neighborhood Renaissance, Inc.; B) approve an ARPA Response Replacement Fund award in the
amount of $275,000 to Pahokee Housing Authority; B) approve an ARPA Response Replacement Fund award in the amount of
$409,500 to Riviera Beach Housing Authority; C) approve an ARPA
Response Replacement Fund award in the amount of $857,000 to Oikos Development
Corporation; D) approve a budget transfer of $3,899,501 $3,624,501 in
the ARPA Response Replacement Fund; E)
direct staff to negotiate the loan agreements; and F) authorize the County Administrator or designee to execute the
loan agreements, amendments thereto, and all other documents necessary for
project implementation. SUMMARY: On September 12, 2022, the Department
of Housing and Economic Development issued a Notice of Funding Availability
HED.2022.2, making $3,900,000 of County ARPA Response Replacement Fund funding
available to provide housing for very low income households. This funding was
made available to not-for-profit organizations, public agencies, and certain
for-profit entities to use as gap funding for the development of new affordable
housing to serve individuals and households whose incomes do not exceed 50% of
the Area Median Income (AMI). All units
must provide an increase in the total number of affordable housing units in the
County. Applications were accepted on a first-come, first eligible and
first-funded basis. Four applications were received and reviewed for
eligibility, responsiveness, and viability. All four applications met the
criteria. Staff is recommending funding approval for the following four
three projects that met criteria for eligibility, responsiveness, and
viability: 1) $2,358,001 to
Neighborhood Renaissance, Inc. to construct Coleman Park Renaissance, a 43-unit
multi-family rental development located between 22nd Street and
State Street along Tamarind Avenue in West Palm Beach. The project includes 12
units for tenants with incomes no greater than 50% AMI. The total development cost is $19,146,252.
The County also has awarded $887,174 from other funding sources to assist with
this project’s development costs; 2) $275,000
to Pahokee Housing Authority to construct a three bedroom, two-bath single-family
home located at 223 Cypress Avenue, Pahokee.
The unit will be rented to a household with income no greater than 50%
AMI. The total development cost is $550,000; 2) $409,500 to Riviera Beach Housing Authority to construct a four
unit multi-family rental development for tenants with incomes no greater than
50% AMI. The project will be located at 415 West Blue Heron Boulevard, Riviera
Beach. The total development cost is
$819,000; and 3) $857,000 to Oikos
Development Corporation to construct Everglades Townhomes, a 60-unit
multi-family rental townhome development located at 200 S. Barfield Highway,
Pahokee. The project will include six units for tenants with incomes no greater
than 50% AMI. The total development cost is $19,614,576. All County-assisted
units will remain affordable to tenants with incomes no greater than 50% of AMI
for no less than 50 years. The funds will be provided as a loan that will be
forgivable at the end of a 50-year period if all terms are met. The funding
agreements and related documents pursuant to these funds will be between the
County and the entities identified herein or their respective successors and/or
assigns. To facilitate project implementation, staff requests authorization for
the County Administrator or designee to execute the loan agreements and related
documents. These are County ARPA Response Replacement Funds that do not
require a local match. (HED)
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
JANUARY 10, 2023
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
C. OATH OF OFFICE TO NEWLY ELECTED
COUNTY COMMISSIONERS
(To be
administered by Judge Artau)
D. Roll
Call
3. CONSENT AGENDA (Pages 7-32)
4. SPECIAL
PRESENTATIONS (Page 33)
5. REGULAR AGENDA (Pages 34-40)
6. BOARD OF COUNTY COMMISSIONERS SITTING AS
THE ENVIRONMENTAL CONTROL BOARD (Page 41)
7. BOARD APPOINTMENTS (Page 42)
8. STAFF
COMMENTS (Page 43)
9. BCC
COMMENTS (Page 44)
10. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 45)
11. ADJOURNMENT (Page 46)
* * * * * * * * * * *
JANUARY 10, 2023
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page
7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page
7
3C-1 Consultant
Services Authorization to contract with Alan Gerwig & Associates, Inc. for
the Jupiter Beach Road Bridge Replacement project
Page
8
3C-2 Amendment
to contract with Southeast Highway Guardrail & Attenuators, LLC for
guardrail services
Page
9
3C-3 Consultant
Services Authorization to contract with Keith and Associates, Inc. for the El
Clair Ranch Road and Pipers Glen Boulevard Intersection Improvements project
3C-4 Work
order to contract with Ranger Construction Industries, Inc. for the Rogers Road
from West county Line to Miami Canal Road project
Page
10
3C-5 Work
orders to contract with M&M Asphalt Maintenance, Inc. for the Haverhill
Road from Roebuck Road to 45th Street and 45th Street to
Blue Heron Boulevard projects
Page
11
3C-6 Work
order to contract with Ranger Construction Industries, Inc. for the Cabana
Colony Subdivision mill and resurface project
D. COUNTY ATTORNEY
Page
11
3D-1 Mediated Settlement
Agreement with Nancy Albert
E. COMMUNITY SERVICES
Page
11
3E-1 Agreement
with Southeast Florida Behavioral Health Network, Inc. for the Wraparound
Services Model
Page
12
3E-2 Appointments
to the Citizens Advisory Committee on Health and Human Services
Page
13
3E-3 Agreements
with three agencies to focus on reducing HIV infection
F. AIRPORTS
Page
14
3F-1 Receive
and file license agreement with Atlantic Aviation – West Palm Beach, LLC for
use of ground area for the parking of vehicles
JANUARY 10, 2023
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 Work order to contract with Florida
Mechanical LLC for the Palm Beach County Convention Center – Variable Air
Volume and Controls Replacement project
Page 15
3H-2 Authorization for the County Administrator or
designee to execute an amendment to contract with Lebolo Construction
Management, Inc. for the Glades Pioneer Park Orange Bowl Playground project
Page 16
3H-3 Authorization for the County Administrator or
designee to execute an amendment to contract with Lebolo Construction
Management, Inc. for the Melissa’s Place Lake Village at the Glades project
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 17
3I-1 Impact
Fee Affordable Housing Assistance Program funding to Atlantic Grove Partners,
LLC
Page 18
3I-2 Modification
of deed restriction for parcel located at 928 West 7th Street in the
City of Riviera Beach
J. PLANNING, ZONING & BUILDING
Page 19
3J-1 Receive
and file a Hazard Mitigation Grant with the Florida Department of Emergency
Management to develop a Watershed Master Plan
K. WATER UTILITIES
Page 20
3K-1 Seat
change on the Water Utilities Department’s Advisory Board
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 20
3L-1 Receive and file Interlocal Agreement with
the City of Delray Beach for law enforcement services
Page 21
3L-2 Contracts with Aptim Environmental &
Infrastructure, LLC and W.F. Baird & Associates Ltd. Incorporated for coastal
and marine engineering services
JANUARY 10, 2023
TABLE OF CONTENTS
CONSENT AGENDA
M. PARKS & RECREATION
Page 21
3M-1 Amendment to agreement with O.B. PIONEER
PARK, LLC for the Orange Bowl Field at Glades Pioneer Park project
Page 22
3M-2 Amendment to Interlocal Agreement with the
Town of Jupiter for the South Jupiter Community Park Roller Hockey Facility –
Phase 1 project
X. PUBLIC SAFETY
Page 22
3X-1 Resolution authorizing the County
Administrator or designee to sign the FY2022-2023 annual Emergency Medical
Services County grant application
Page 23
3X-2 Receive and file grant agreement with the
State of Florida, Division of Emergency Management to improve and enhance
emergency management plans
Page 24
3X-3 Contract with Lee Giordano for training on
the Intimate Partner Violence Prevention Curriculum
AA. PALM TRAN
Page 25
3AA-1 Resolution approving the FY2023 Public Transportation Grant
Agreement with the State of Florida Department of Transportation to offset
costs of fixed route services to the public
Page 26
3AA-2 Resolution approving a Public Transportation Grant Agreement to
partially offset operational costs of providing services to the public in rural
areas of Palm Beach County
Page 27
3AA-3 Extension with the Lakes of Delray, Inc. for provision of
transportation services
CC. SHERIFF
Page 27
3CC-1 Agreement with the State of Florida, Office of the Attorney General
for a Victim of Crime Act award to fund three victim advocate positions
Page 28
3CC-2 Grant award for the FY2022-2023 Coach Aaron Feis Guardian Program
3CC-3 Receive and file grant extension approval notice from the Office of
National Drug Control Policy to extend the FY20 High Intensity Drive
Trafficking award
3CC-4 Receive and file grant extension approval notice from the Office of
National Drug Control Policy to extend the FY21 High Intensity Drive
Trafficking award
Page 29
3CC-5 Bureau of Justice Assistance State Criminal Alien Assistance Program
FY2021 grant for correctional purposes
JANUARY 10, 2023
TABLE OF CONTENTS
CONSENT AGENDA
CC. SHERIFF
(Cont’d)
Page 29
3CC-6 Subgrant agreement with the State of Florida Department of
Transportation for the Impaired Driving Strategy program
Page 30
3CC-7 Amendment to contract with the University of North Florida Training
and Services Institute, Inc. for the High Visibility Enforcement project
DD. OFFICE OF
EQUAL OPPORTUNITY
Page 30
3DD-1 Contract with Legal Aid Society of Palm Beach
County, Inc. for the Wage Dispute project
EE. TOURIST
DEVELOPMENT COUNCIL
Page 31
3EE-1 Receive and file three grant agreements for
promotion of sports activities
Page 32
3EE-2 Receive and file two grant agreements for
promotion of sports activities
SPECIAL PRESENTATIONS
Page 33
4A Certificate of Commendation
4B Human Trafficking Prevention Month
4C Volunteer Income Tax Assistance Program
4D More Than Pink Day
4E Lessing’s
Hospitality Group
4F Mentoring
Month
4G 24-Hour Homeless Point-In-Time Count Day
4H Seminole Maroon Remembrance Days
REGULAR AGENDA
A. AIRPORTS
Page 34
5A-1 Purchase of a Sutphen Heavy Duty Monarch
S-Series 750 Pumper vehicle
Page 35
5A-2 Agreement with ARINC Incorporated for
hardware and firmware updates to the Common Use Passenger Processing System
JANUARY 10, 2023
TABLE OF CONTENTS
REGULAR AGENDA
B. ADMINISTRATION
Page 36
5B-1 Direction on the inclusion of a 401(a) plan as part of the County’s
investment options for employee participation that direct unused sick and/or
vacation leave into the Special Pay Plan
C. HOUSING AND ECONOMIC DEVELOPMENT
Pages 37-38
5C-1 American Rescue Plan Act Response Replacement
Project funds to Neighborhood Renaissance, Inc.
D. FACILITIES DEVELOPMENT & OPERATIONS
Page 39
5D-1 Agreement
for purchase and sale of a 1.3 acre parcel of vacant land located north of Indiantown
Road and east of Bee Line Highway from Maryann S. Peterson and Jeanne M. Givens
E.
INTERGOVERNMENTAL AFFAIRS
Page 40
5E-1 Proposed 2023 State Legislative Agenda
BOARD OF COUNTY COMMISSIONERS SITTING AS THE
ENVIRONMENTAL CONTROL BOARD
Page 41
6A-1 Appointment
to the Environmental Control Hearing Board
BOARD
APPOINTMENTS (Page 42)
STAFF COMMENTS
Page 43
8A-1 Receive and file updated Board Directive
Reports
COMMISSIONER COMMENTS (Page 44)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 45)
ADJOURNMENT (Page 46)
JANUARY 10, 2023
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
May
26, 2022 Zoning
June
7, 2022 Regular
June
14, 2022 Regular
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during November 2022. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Consultant
Service Authorization (CSA) to the Annual Structural Engineering Services
Contract (R2020-0547) dated June 2, 2020 (Contract) with Alan Gerwig & Associates, Inc.
(AGA) in the amount of $279,476.44 for
Jupiter Beach Road Bridge (934125) Replacement (Project). SUMMARY: Approval of this CSA will provide the professional services necessary to design the
replacement of the existing two lane single span bridge and roadway approach
improvements. The Affirmative Procurement Initiative selected for this
Contract on April 3, 2019 by the Goal Setting Committee is a 20% Small Business Enterprise (SBE)
participation. AGA agreed to 90% SBE
participation for the Contract. AGA agreed to 93.31% SBE participation for this
CSA. The cumulative SBE participation to date for the Contract including this
CSA is 93.48% AGA has an office located in Palm Beach County and is a certified
SBE company. This Project is included in the infrastructure sales tax. District 1 (YBH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to:
A) determine that Amendment No. 2 as an emergency
extension to the term of the Annual Guardrail Contract R2020-0132, dated
February 11, 2020 (Contract) with Southeast Highway Guardrail &
Attenuators, LLC (SHG) for guardrail services is beneficial to the interest,
health, safety and welfare of the County and its citizens and necessary to
provide continuous services to ensure the safety of the traveling public; and
B) approve Amendment No. 2 with SHG to the Contract,
to extend the expiration date from February 10, 2023 to November 10, 2023 and
increase the contract by $375,000.
SUMMARY: The Board
of County Commissioners (BCC) approved the Contract on February 11, 2020, which
provided for an initial one-year term with renewal options for a maximum of 36
months total contract time. Amendment No. 1, R2021-0166 dated February 2, 2021,
extended the expiration date to February 10, 2023. A new contract was advertised and bids were
received on September 20, 2022; however, a bid protest was filed. Amendment
No. 2 is necessary to provide continuous services to ensure the safety of the
traveling public as the protest process for the new Contract continues. The Engineering and Public Works Department
recommends extending the Contract to best serve the interests, health, safety,
and welfare of the County and its citizens. Approval of Amendment No. 2
will increase the Contract with SHG from $1,745,000 to $2,120,000 and extend
the expiration date from February 10, 2023 to November 10, 2023. The increased
Contract amount is based on updated estimates that exceed the current Contract
amount to be expended throughout Palm Beach County (County) user departments. A
waiver of affirmative procurement initiative requirements was approved by the
Office of Equal Business Opportunity on April 23, 2019, based upon the
determination that sufficient qualified Small/Minority/Women Business
Enterprises providing the goods or services required by the Contract are
unavailable in the County despite every reasonable attempt to locate them. To
date, tasks in the amount of $1,366,000 have been authorized for SHG. SHG has an office located in the County. Countywide
(YBH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve: Consultant Service Authorization (CSA) No. 1 to the
Civil Engineering Annual Services Contract (R2022-0462) dated May 17, 2022
(Contract) with Keith and Associates,
Inc. (KAI) in the amount of $111,946.24 for the El Clair Ranch Road and Pipers Glen Boulevard Intersection
Improvements (Project). SUMMARY: Approval of this CSA will provide the professional services
necessary to design a new intersection to include a roundabout for the Project.
The Affirmative Procurement Initiatives selected for this Contract on June 16,
2021 by the Goal Setting Committee are a 20% Small Business Enterprise (SBE) participation and a Minority Business
Enterprise evaluation preference for African American owned firms. KAI agreed
to 51% SBE participation for the Contract. KAI agreed to 51.21% SBE
participation for this CSA. The cumulative SBE participation to date for the
Contract including this CSA is 51.21%. KAI has an office located in Palm Beach
County. This Project is included in the Five-Year Road Program. District
5 (YBH)
4. Staff recommends
motion to approve: Work Order 2021050-30 in the amount of $448,000 to
mill and resurface Rogers Road from West County Line to Miami Canal Road
utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing
contract R2021-0984 (Contract) with Ranger Construction Industries, Inc.
(Ranger). SUMMARY: Per County PPM CW-F-050, this work order exceeds the
$200,000 threshold for staff approvals of work orders to annual contracts, thus
requiring approval from the Board of County Commissioners (BCC). Approval of this work order will allow the
contractual services necessary to construct the improvements. Prior to this
meeting date, approximately $10 million of Ranger’s $50 million Contract that
was approved on August 17, 2021, by the BCC, has been spent or encumbered. This
Contract is one of three contracts with an available cumulative total of $50
million for the annual asphalt milling and resurfacing program. The Affirmative
Procurement Initiative selected for this Contract on September 16, 2020 by the
Goal Setting Committee is a 15% minimum mandatory Small Business Enterprise
(SBE) participation. Ranger agreed to 15% SBE participation for the contract
and 15.84% for this work order. The cumulative SBE participation, including
this work order is 14%. This project is
included in the infrastructure sales tax. District 6 (YBH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends
motion to approve:
A) Work Order 2021050-37 in the amount of $598,000 to mill and resurface Haverhill Road
from Roebuck Road to 45th Street
utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing
contract R2021-0985 (Contract) with M&M Asphalt Maintenance, Inc. d/b/a All
County Paving (M&M); and
B) Work
Order 2021050-40 in the amount of $574,000 to mill and resurface Australian
Avenue from 45th Street to Blue Heron Boulevard utilizing the
County’s Contract with M&M.
SUMMARY: Per County
PPM CW-F-050, these work orders exceed the $200,000 threshold for staff
approvals of work orders to annual contracts, thus requiring approval from the
Board of County Commissioners (BCC).
Approval of these work orders will allow the contractual services
necessary to construct the improvements. Prior to this meeting date,
approximately $6 million of M&M’s $50 million Contract that was approved on
August 17, 2021, by the BCC, has been spent or encumbered. This Contract is one
of three contracts with an available cumulative total of $50 million for the
annual asphalt milling and resurfacing program. The Affirmative Procurement
Initiative selected for this Contract on September 16, 2020 by the Goal Setting
Committee is a 15% minimum mandatory Small Business Enterprise (SBE)
participation. M&M agreed to 15% SBE participation
for the Contract and 20% SBE participation for these work orders. The
cumulative SBE participation, including these work orders is 6%. These projects are included in the
infrastructure sales tax. District 7 (YBH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff
recommends motion to approve: Work Order 2021050-39 in the amount of
$928,000 to mill and resurface the residential streets within the Cabana Colony
Subdivision utilizing Palm Beach County’s (County) annual asphalt milling and
resurfacing contract R2021-0984 (Contract) with Ranger Construction Industries,
Inc. (Ranger). SUMMARY: Per County PPM CW-F-050, this work order exceeds
the $200,000 threshold for staff approvals of work orders to annual contracts,
thus requiring approval from the Board of County Commissioners (BCC). Approval of this work order will allow the
contractual services necessary to construct the improvements. Prior to this
meeting date, approximately $10 million of Ranger’s $50 million Contract that
was approved on August 17, 2021, by the BCC, has been spent or encumbered. This
Contract is one of three contracts with an available cumulative total of $50
million for the annual asphalt milling and resurfacing program. The Affirmative
Procurement Initiative selected for this Contract on September 16, 2020 by the
Goal Setting Committee is a 15% minimum mandatory Small Business Enterprise
(SBE) participation. Ranger agreed to 15% SBE participation for the Contract
and 15.44% for this work order. The cumulative SBE participation, including
this work order is 14%. District 1 (YBH)
D. COUNTY ATTORNEY
1. Staff recommends
motion to approve: a Mediated Settlement Agreement, inclusive of attorney’s fees and
costs, in the total amount of $121,012.50 in the employment action styled Nancy
Albert v. Palm Beach County, Case No. 21-cv-80804-CANNON.
SUMMARY: This is a wrongful termination action arising from Plaintiff’s
termination in 2019 from her position as the Electronic Services and Security
Director for the Facilities Development and Operations Department. Plaintiff
filed suit in Federal District Court, Southern District of Florida, alleging
that she was subject to gender discrimination and subsequently terminated in
retaliation for reporting the discrimination to her Department Director. Countywide
(SW)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: an agreement
for Provision of Financial Assistance with Southeast Florida Behavioral Health Network,
Inc. (SEFBHN), for the period October 1, 2022 through September 30, 2023, in an
amount not-to-exceed $57,619 in FY 2023, to provide training on the Wraparound
Services Model to behavioral health agencies. SUMMARY: On July 12, 2022, the Board of County Commissioners (BCC)
approved funding allocations for the Financially Assisted Agencies (FAA)
Program. The agreement recommended in this item reflects dollar amounts
included in the FY 2023 budget. This agreement represents $57,619 of the total
FAA funding allocation of $13,766,970 in FY 2023. In FY 2021, SEFBHN provided
one Wraparound training and Fidelity Initiative per quarter to 94 employees of
various agencies, and will continue to provide training under this agreement.
Linda Kane, an employee of SEFBHN is a member of the Homeless Advisory Board.
The Homeless Advisory Board provides no regulation, oversight, management, or
policy-setting recommendations regarding the subject agreements 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. (Financially Assisted Agencies)
Countywide (HH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends motion to approve: two appointments to the Citizens Advisory Committee on Health and Human Services (CAC/HHS), effective January 10, 2023:
Seat
No. |
Appointment |
Seat
Requirement |
Term
Ending |
Nominated
By |
8 |
Charlotte Leonard |
League of Cities Representative |
09/30/23 |
Mayor Weiss Commissioner Marino
Commissioner Bernard CAC/HHS |
|
|
|
|
|
10 |
Dr. Barbara Cox
Gerlock |
A Component of the Health and Human Services System of Care |
09/30/25 |
Mayor Weiss Commissioner Marino
Commissioner Bernard CAC/HHS |
SUMMARY: The CAC/HHS consists of 11 at-large members with at least one member being a resident west of the 20 Mile Bend and at least one member being a representative of the Palm Beach County League of Cities, per Resolution R2013-1563. The resolution requires that the Executive Committee of the CAC/HHS solicit and recommend member nominations for transmittal to the Board of County Commissioners (BCC). The BCC was notified by memo dated October 28, 2022 requesting nominations for appointments. The CAC/HHS received the two appointment applications and determined that both of the applicants would be beneficial to the board. All nominees meet all applicable guidelines and requirements outlined in the resolution. The diversity count for the 8 seats that are currently filled is: Caucasian: 5 (62.5%), and African-American: 3 (37.5%). The gender ratio (female:male) is 6:2. Ms. Charlotte Leonard identifies as African-American and Dr. Barbara Cox Gerlock identifies as Caucasian. Ex-officio membership consists of one African-American male (20%), two African-American females, (40%), one Asian-American female, one Caucasian female (20%) and one Caucasian male (20%). Staff conducts targeted outreach to ensure candidates for appointments maintain a diverse composition of the CAC/HHS. (Financially Assisted Agencies) Countywide (HH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: two Subrecipient Agreements and one Interlocal
Agreement with the below listed agencies for a 30-month period starting September 1, 2022 through February 28,
2025 in the amount totaling $1,791,864
of which $442,288 is budgeted in GY 2022 with an anticipated annual allocation
of $674,788 in each subsequent grant year, contingent upon a budgetary
appropriation by the Board of County Commissioners (BCC) subject to funding
approval by the U.S Department of Health and Human Services (HHS) and the
Health Resources Services Administration (HRSA):
A) Monarch Health Services, Inc., in an amount not to exceed $174,240, of
which $58,080 is budgeted for GY 2022, with an anticipated annual allocation of
$58,080 in each subsequent grant year for the term of the agreement;
B) FoundCare, Inc., in an amount not to exceed $455,124, of which $151,708
is budgeted for GY 2022, with an anticipated annual allocation of $151,708 in
each subsequent grant year for the term of the agreement; and
C) Interlocal Agreement with the Florida Department of Health in Palm Beach
County, in an amount not to exceed $1,162,500, of which $232,500 is budgeted
for GY 2022, with an anticipated annual allocation of $465,000 in each
subsequent grant year for the term of the agreement.
SUMMARY: On December 17, 2019, the BCC ratified the Mayor’s
signature on the Ending the HIV Epidemic: A Plan for America (EHE) Grant
application (R2019-1875). On January 19, 2022, the HHS, HRSA issued a partial Notice of
Award (NOA) for EHE in the amount of $325,659. This grant
focuses on reducing HIV infection by 90% in the United States by the year 2030.
To accomplish the goal of ending the HIV epidemic, Palm Beach County will use
the award to engage in three main activities: 1) Telehealth Adherence
Counseling (TAC); 2) Community Outreach, Response and Engagement (CORE) Teams;
and 3) Rapid Entry to Care (REC). Telehealth platforms will be used to help
keep persons with HIV adherent to their care plans and medication through TAC
services. CORE teams will engage with residents of Palm Beach County living
with HIV but not currently receiving care and reengage them in care, enrolling
them in TAC and setting up REC appointments. REC services provide an EHE client
with a low barrier medical appointment after a new diagnosis or when reengaging
in HIV care. A REC appointment will take place no later than 72 hours after
referral. A REC appointment will provide a full initial medical visit standard
for persons with HIV, provide a 30-day supply of appropriate HIV
Anti-Retroviral Therapy, and any other appropriate referrals for the client.
Under this grant, approximately 170 clients will be served via the Subrecipient
and Interlocal Agreements. Damion
Baker, employee of Monarch Health Services, Inc., Lilia Perez and Rosalyn
Jocurin employees of FoundCare, Inc., Hector Bernardino and Angelie Diya
employees of Florida Department of Health in Palm Beach County, are members of
the HIV CARE Council. This board provides no regulation, oversight, management,
or policy-setting recommendation regarding the agency contracts listed above.
Disclosure of these contractual relationships at this duly noticed public
meeting is being provided in accordance with the provisions of Section 2-443,
of the Palm Beach County Code of Ethics. These are RWHAP grant funds, no County match
is required. (Ryan White Program) Countywide (HH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff
recommends motion to receive and file: License Agreement with Atlantic
Aviation – West Palm Beach, LLC (Atlantic), commencing October 1, 2022 and expiring October 31, 2022, with automatic month-to-month renewals
through September 30, 2025, unless terminated; providing for the use of
approximately 17,400 square feet of ground area adjacent to Perimeter Road on
the south side of Palm Beach International Airport (PBI) for the parking of
vehicles in connection with Atlantic’s operations at PBI, for payment of
license fees in the amount of $1,160.00 per month. SUMMARY: Atlantic is a fixed base operator providing general
aviation services at PBI and requires additional ground area for customer and
employee vehicle parking. Delegation of authority for execution of the standard
County agreement above was approved by the BCC in R2007-2070. Countywide
(AH)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Work Order No. 22-022 to
the annual Heating, Ventilation and Air Conditioning (HVAC) contract with
Florida Mechanical LLC (R2020-0021) in the amount of $687,456 for the Palm
Beach County Convention Center – Variable Air Volume (VAV) and Controls
Replacement project for a period of 120 calendar days from equipment delivery
date. SUMMARY: The work consists of furnishing the labor, equipment and
materials needed to remove and replace 133 existing VAV boxes and 2 green room
VAV boxes with associated duct work, wiring, controls and electrical
connections. The existing equipment is 20 years old and has outlived its useful
life. The new VAV system will be more efficient and provide years of dependable
service. This project was competitively advertised and new contractors were
invited to bid on the project by submitting prequalification documents prior to
the submission of the bid response. The contractor will have 120 calendar days
from equipment delivery date 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 $80 per day. This work
order was solicited pursuant to the annual HVAC contract and the requirements
of the Equal Business Opportunity Ordinance. The annual contract was last
presented to the Goal Setting Committee on August 21, 2019 and the Committee
established Affirmative Procurement Initiatives (API) of sheltered market for
projects under $100,000 (when at least three Small Business Enterprises (SBE)
are qualified under the annual contract) or an SBE contractor will be given a
price preference if its bid is within 10% of the lowest non-SBE bid for
projects $100,000 or greater. Since this project was over $100,000, the SBE
price preference API was applied. Florida Mechanical LLC is not a certified
SBE. There is no SBE subcontracting participation on this work order.
Cumulative SBE participation on the annual HVAC contract is 32.52%. Funding for
this project is from the TDC – Building Renewal and Replacement fund. (Capital
Improvements Division) District 2 (MWJ)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to authorize: the County Administrator or designee which in this
case shall be the Director of Facilities Development and Operations to execute
an amendment to the continuing contract for Construction Manager at Risk
Services with Lebolo Construction Management, Inc. (R2018-1161) for the playground
replacement at Glades Pioneer Park Orange Bowl Playground in an amount of
$1,167,389 for a period of 300 calendar days from notice to proceed. SUMMARY:
On August 14, 2018, the Board of County Commissioners (BCC) approved
the continuing contract with Lebolo Construction Management, Inc. to provide
construction management services. The existing playground at the Glades Pioneer
Park, located adjacent to the Orange Bowl field, is outdated and will be replaced
with a new playground. This amendment will authorize Lebolo Construction
Management, Inc. to proceed with construction management services including
bidding, procuring, shipping and installation of the new playground. Authority
to execute the amendment is being requested, so that the amendment can be
executed prior to the next BCC meeting, to expedite the procurement of the long
lead time playground equipment. This project is funded with Community
Development Block Grant (CDBG) funds and as a result, timeliness in project
completion is paramount to ensure regulatory compliance under CDBG regulations.
The County Attorney’s approval of the amendment will be secured prior to the
amendment being approved. The amendment will be submitted as a receive and file
item after it is executed. Small Business Enterprise participation does not
apply to federally funded contracts. Under the federal requirements, a minority
participation goal of 22.4% and female participation goal of 6.9% has been
established. Lebolo Construction Management, Inc. is a local business. (Capital
Improvements Division) District 6 (MWJ)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to authorize: the County Administrator or designee which in this
case shall be the Director of Facilities Development and Operations to execute
an amendment to the continuing contract for Construction Manager at Risk
Services with Lebolo Construction Management, Inc. (R2018-1161) for the new
playground for Melissa’s Place Lake Village at the Glades in an amount of
$417,570 for a period of 200 calendar days from notice to proceed. SUMMARY: On
August 14, 2018, the Board of County Commissioners (BCC) approved the
continuing contract with Lebolo Construction Management, Inc. to provide
construction management services. A new playground will be constructed for
Melissa’s Place Lake Village at the Glades, which will be utilized by its
residents. This amendment will authorize Lebolo Construction Management, Inc.
to proceed with construction management services including bidding, procuring,
shipping and installation of the new playground. Authority to execute the amendment
is being requested, so that the amendment can be executed prior to the next BCC
meeting, to expedite the procurement of the long lead time new playground
equipment. This project is funded with Community Development Block Grant (CDBG)
funds and as a result, timeliness in project completion is paramount to ensure
regulatory compliance under CDBG regulations. The County Attorney’s approval of
the amendment will be secured prior to the amendment being approved. The amendment
will be submitted as a receive and file item after it is executed. Small Business
Enterprise participation does not apply to federally funded contracts. Under
the federal requirements, a minority participation goal of 22.4% and female
participation goal of 6.9% has been established. Lebolo Construction
Management, Inc. is a local business. (Capital Improvements Division) District
6 (MWJ)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the total
amount of $3,594 to Atlantic Grove Partners, LLC;
B) authorize the Mayor to execute a Certificate of
Award to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve a budget
transfer of $3,034 in Impact Fee Assistance Program – Roads Zone 5 to
appropriate funds for Atlantic Grove Partners, LLC;
D) approve a budget transfer of $353 in Impact Fee
Assistance Program – Park Zone 3 to appropriate funds for Atlantic Grove
Partners, LLC; and
E) approve a budget transfer of $207 in Impact Fee
Assistance Program – Public Building to
appropriate funds for Atlantic Grove Partners, LLC.
SUMMARY: On October
8, 2022, the Department of Housing and Economic Development issued a Notice of
Funding Availability (NOFA) making $1,353,370 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2022 funding cycle. Atlantic Grove Partners, LLC submitted an
application for $3,595.71 in response to the NOFA. Staff recommends that up to
$3,594 be provided as a credit for impact fees associated with the construction
of one townhome for-sale unit located north of W. Atlantic Avenue on NW 4th
Avenue in the City of Delray Beach (the Project). Atlantic Grove Partners, LLC will be given
credits for Roads Zone 5 Impact Fees ($3,034), Park Zone 3 Impact Fees ($353)
and Public Building Impact Fees ($207) for the construction of the
Project. Atlantic Grove Partners, LLC
will pay impact fees above the allocated $3,594. The Certificate of Award and related
documents will be issued to the entity identified herein and its successors
and/or assigns. According to IFAHAP requirements, the unit will be sold to
persons with income at or below 120% of Area Median Income. The assisted unit
will be restricted to remain affordable for 30 years. These
funds are from interest earned by the Impact Fee Fund. District 7
(HJF)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve: a
Modification of Deed Restriction for a 0.126-acre residential parcel located at
928 West 7th Street in the City of Riviera Beach (the Property), conveyed to
the Riviera Beach Community Development Corporation, Inc. (RBCDC). SUMMARY:
On August 20, 2019 (R2019-1228), the Board of County Commissioners approved the
donation of the Property to the RBCDC, a Florida not-for-profit corporation, at
no cost. The Property was conveyed via County Deed with a restriction, which
only allowed the Property to be sold to a family earning no more than 80% of
the Area Median Income (AMI), with the income restriction being in effect until
December 31, 2049. At the time of the donation, the Property was improved with
a three bedroom, one bathroom single-family house (Existing House) that was in
a non-livable condition and required extensive repairs/renovations. In 2021, the RBCDC demolished the Existing
House and rebuilt a two bedroom, two-bathroom
house to be sold to an eligible family. Due to the increased cost
resulting from the demolition and in order to broaden the range of prospective
buyers, the RBCDC is requesting a modification to the deed restriction to increase
the AMI requirement from 80% to 140%. District 7 (HJF)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to:
A) receive and file a Hazard Mitigation Grant with the Florida
Department of Emergency Management
(FDEM) for a period of 12 months from the date of the contract execution by
FDEM, in the amount of up to $210,000
to develop a Watershed Master Plan
(WMP) for Unincorporated Palm Beach County; and
B) approve a upward budget amendment of $210,000 in the Building MSTD
fund to recognize the receipt of
estimated revenue of the grant from FDEM and budget additional project cost of
$70,000 which is in the current budget. The total project cost is anticipated
to be $280,000.
SUMMARY: On April 7,
2022, the FDEM announced a grant opportunity for Community Rating System (CRS) communities to aid them in the development of a WMP to help improve
their CRS ratings. On May 17, 2022, the Board of County Commissioners granted
delegated authority to submit the grant application and enter into the
agreement with FDEM. FDEM has executed the agreement on December 1, 2022 for
the Hazard Mitigation Grant (Catalog of
Federal Domestic Assistance No. 97,039) reflecting their commitment of funding
to the above reference project in the amount of $210,000 or 75% of the eligible
project cost. 25% County match is required. With the collaboration with Florida Atlantic
University (FAU).The funding will provide for the development of a WMP is a prerequisite for all communities to achieve a
Class 4 or higher CRS rating. The CRS program allows participating communities
to achieve significant discounts for NFIP policyholders on flood insurance
premiums for their properties. CRS ratings rank from 1 (highest
rating/discount) to 10 (lowest rating/discount). A Class 5 rating allows policyholders in the
County to receive discounts of up to 25% from the standard NFIP premiums. A
Class 4 rating (or higher) would achieve discounts of 30% (or more). Working in
coordination with the County Emergency Management Division CRS Coordinator, as
well as other County Agencies, County staff work continuously to maintain and
improve the County’s CRS rating and achieve greater discounts for County
property owners. Unincorporated
(RM)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: a proposed seat change of one current
member to the Water Utilities Department’s Advisory Board (WUDAB) effective
January 10, 2023.
Seat No. |
Proposed Seat No. |
Appointment |
Term Expires: |
1 - District 1 |
8 - At-Large |
Rob Hawkins |
09/30/23 |
SUMMARY: Resolution No. R2014-0457 provides for an 11-member
WUDAB. The membership consists of seven
District members, two County-wide At-Large members, one Lake Region member and
one Royal Palm Beach member. Mr. Rob
Hawkins has served on the WUDAB since December 19, 2017 and has indicated a
desire to continue as a WUDAB member. The
Board has 11 seats, 10 seats currently filled and a diversity count of 8
Caucasian (80%), 1 Hispanic-American (10%) and 1 African-American (10%). Mr.
Hawkins is a Caucasian male and the gender ratio (female:male) is 3:7. Countywide
(MWJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to receive and file: Interlocal Agreement for Law Enforcement Services with the City of Delray Beach to provide for manatee speed zone law enforcement services from November 15, 2022 through March 31, 2023. The amount paid to the City of Delray Beach will not exceed $16,660. SUMMARY: On August 19, 2014, the Board of County Commissioners (BCC) approved a standard form Interlocal Agreement (R2014-1193) (Agreement) with law enforcement agencies for manatee protection and public education, as a means to provide greater manatee protection and public education. Delegated authority to sign future time extensions, task assignments, certifications and other forms associated with this Agreement was approved at that time. 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. Districts 4 & 7 (SF)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve:
A) a contract for
Professional Consultant Services with Aptim Environmental & Infrastructure,
LLC (APTIM) providing professional coastal and marine engineering services, effective for two years from
execution through January 9, 2025; and
B) a contract for
Professional Consultant Services with W.F. Baird & Associates Ltd.
Incorporated (BAIRD) providing professional coastal and marine engineering
consultant services, effective for two years from execution through January 9,
2025.
SUMMARY: APTIM,
a Palm Beach County company, and BAIRD, a Palm Beach County company, will
provide professional coastal and marine engineering services on a consultant
services authorization basis for various projects within the Department of
Environmental Resources Management and other County departments. The contract requires consultants to adhere to
20% mandatory Small Business Enterprise (SBE) subcontracting goal as the
Affirmative Procurement Initiative. APTIM agreed to 22% SBE participation. BAIRD agreed to 25% SBE participation. The contracts
contain an option to renew for one additional year. Countywide (YBH)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: a first amendment
to Project Cooperation Agreement (R2018-0597) with O.B. PIONEER PARK, LLC
(OBLLC), to allow OBLLC to fund 100% ($70,000) of the Maintenance Funds and
allow the County to use the $35,000 (50%) allocation for construction closeout
costs. SUMMARY: On April 10, 2018, the Board of County
Commissioners (BCC) adopted Resolution 2018-0597 approving a Project
Cooperation Agreement with OBLLC, for
the design, permitting and construction of an Orange Bowl Field at Glades
Pioneer Park. Pursuant to Section 4(g) of the agreement, OBLLC and the
County are required to each contribute $35,000 for specialized maintenance of
the artificial turf field following project completion. In order to streamline the payments of the
specialized maintenance funding, OBLLC is requesting that the County be allowed
to use its 50% ($35,000) contribution to the Maintenance Funds for construction
closeout costs which would otherwise be paid by OBLLC and in return OBLLC will
fund 100% or the full $70,000 of Maintenance Funds. District 6 (AH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve: a first amendment
to Interlocal Agreement R2003-1229) with
the Town of Jupiter (Jupiter) for funding the South Jupiter Community Park
Roller Hockey Facility – Phase I, providing for the repurposing of one of
the two roller hockey rinks into five pickleball courts. SUMMARY: This first
amendment to Interlocal Agreement R2003-1229, provides for a scope change to
repurpose one of the two roller hockey rinks located at Abacoa (n/k/a South
Jupiter) Community Park. The amendment to the Interlocal Agreement was
requested by Jupiter, as there has been a steady decline in participation for
organized roller hockey and an increase in program trends such as pickleball.
Therefore, Jupiter is seeking to repurpose one roller hockey rink into five
pickleball courts. As no funding is required from the County for this project,
and it remains a public recreation use, the change in scope is supported by the
Parks and Recreation Department. District 1 (DB)
X. PUBLIC SAFETY
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners authorizing the County
Administrator or designee to sign the FY 2022-2023 annual Emergency Medical
Services (EMS) County grant application for $174,438 and sign the EMS Grant
program change request forms related to the grant after the approval of the
application by the Florida Department of Health, Bureau of EMS and forward same
to the State of Florida Department of Health, Bureau of EMS. SUMMARY: The
EMS County Grant (CSFA# 64.005) is an annual grant provided to Palm Beach
County from the Florida Department of Health, Bureau of EMS, to improve and
expand the EMS system. The funds are used to purchase EMS equipment, which is
distributed to EMS providers, and other agencies that are eligible for EMS
grant funding. No County matching funds
are required for this grant. Countywide
(SB)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to:
A) receive and file a federally-funded executed Grant Agreement
(G0415) for FY2022-23 in the amount of $281,119 for the Emergency Management
Performance Grant (EMPG) with the State of Florida, Division of Emergency
Management (FDEM) to receive grant funding for the period October 1, 2022
through September 30, 2023, to improve and enhance emergency management plans
and programs and provide operational support to maintain state required
programs; and
B) approve
a budget amendment of $212,092 in the Emergency Management Preparedness &
Assistance Fund to adjust the budget to the actual award of $281,119.
SUMMARY: The EMPG grant (CFDA #97.042) is federally funded and recurs annually.
The grant will be used to further enhance emergency planning, response,
mitigation, and recovery in the County. R2012-1731
dated November 20, 2012, gave authority to the County Administrator or designee
to execute these agreements on behalf of the Board of County Commissioners.
County matching funds of $281,119 (100%) are required and included in the County budget. Countywide (DB)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to approve: a contract
for Consulting/Professional Services with Lee Giordano for a not-to-exceed
contract of $13,200 for the period January 10, 2023 through September 30, 2024
to provide customized training and consultation on the Intimate Partner
Violence Prevention Curriculum (IPV PEC) to enhance offender accountability. SUMMARY:
Palm Beach County Public Safety Department’s Division of Victim Services in
conjunction with project partners Aid to Victims of Domestic Abuse, Inc., and
the PBC Criminal Justice Commission was selected for a continuation grant from
the U.S. Department of Justice, Office on Violence Against Women FY 2021
Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating
Violence, and Stalking Grant Program (CFDA# 16.590) for the period October 1,
2021 through September 30, 2024. The purpose of this continuation grant is to
enhance victim safety and hold offenders accountable through a coordinated
community response team to better respond to incidents of domestic violence,
dating violence and stalking. To enhance offender accountability Lee Giordano
will provide training and consultation on the IPV PEC. He was selected through
a competitive procurement process. The training will be customized to fit the
needs of Palm Beach County created in consultation with PBCVS, project
partners, and advanced professionals to improve their capacity to increase
offender accountability. The IPV PEC is a three-hour cognitive-behavioral educational
intervention program for offenders of intimate partner violence. The purpose of
IPV PEC is to provide a trauma-informed learning experience that encourages
abusive men to observe and address their use of intimate partner violence. Studies show that
cognitive-behavioral based educational programs are the most effective in
preventing and intervening with aggressive and violent behaviors. Lee
Giordano will train facilitators to conduct the IPV PEC Class in Palm Beach
County and provide consultation to support effective implementation. Countywide
(RS)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners (BCC), of Palm Beach
County, Florida, approving a FY2023 Public Transportation Grant Agreement
(PTGA) in Block Grant funding for urbanized public transportation operating
assistance (FM No. 407188-3-84-01) with the
State of Florida Department of Transportation (FDOT), providing a grant in the
amount of $6,099,129, which requires a local match of
$6,099,129; bringing the revised total cost of the project to $12,198,258; providing
funding assistance to offset the operating costs of fixed route services to the
public in Palm Beach County;
B) approve a budget transfer of $146,992 in the Palm Tran Operating Fund 1340 to reconcile
the revenue budget to the actual grant award and reduce the transfer from the
General Fund 0001; and
C) approve a budget transfer of $146,992 in
the General Fund 0001 to reduce the transfer to Palm Tran Operating Fund 1340
and increase Contingency Reserves.
SUMMARY: Palm Tran will utilize the grant funds to
offset the operating costs of providing fixed route service on all routes in
the County. This FY2023 PTGA, in the amount of
$12,198,258, will provide operating funding in the amount of $6,099,129, which
requires a match of $6,099,129. The match is included in Palm Tran’s FY2023
budget. The PTGA will become effective upon FDOT execution and has an expiration
date of June 30, 2026. The grant requires broader indemnification by the County
than that approved by PPM CW-F-049. The grant requires the County
and its officers, agents, or employees 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 or performance of this agreement. The indemnification obligation
must also be passed on to contractors and/or consultants. Given that
liability is limited to County’s non-compliance or performance of this
agreement and the statutory caps of Section 768.28, Florida Statutes, Palm Tran
recommends Board approval. Countywide (MM)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
2. Staff recommends
motion to:
A)
adopt a Resolution of the
Board of County Commissioners of Palm Beach County, Florida, approving a Public
Transportation Grant Agreement (PTGA) (FM No. #407184-3-84-01) of Section 5311
(CFDA 20.509) Coronavirus Response and Relief
Supplemental Appropriations Act (CRRSAA) allocation for $1,144,789 to
partially offset the operational costs of providing services to the public in
the rural areas of Palm Beach County;
B) approve a budget transfer of $1,144,789 in the Palm
Tran Operating Fund 1340 to reconcile the revenue budget to the actual grant
award and reduce transfers to the General Fund 0001;
C) approve
a budget transfer of $1,144,789 in the General Fund 0001 to reduce the
transfer to Palm Tran Operating Fund 1340 and increase contingency reserves; and
D) authorize
the Mayor of the Board of County Commissioners to execute the PTGA and
supporting documents.
SUMMARY:
On December 27, 2020, the
President signed into law (H.R. 133)
CRRSAA. This bill includes supplemental
appropriations for COVID-19 relief. The
bill allocated $14 billion to support the transit industry during the
COVID-19 public health emergency to maintain operations of Public Transit
Agencies. The Act directs recipients to prioritize payroll and operational
needs. Palm Tran will utilize the grant funds to offset the operating
costs of providing public transportation service in the Lake Region of the
County. This PTGA in the amount of $1,144,789 will provide operating funds for
the Go Glades Service. No matching funds are required. The PTGA will become
effective upon execution by the Florida Department of Transportation (FDOT),
and has an anticipated expiration date of December 31, 2025. The grant requires broader indemnification by the County
than that approved by PPM CW-F-049. The grant requires the County and its
officers, agents, or employees 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 or
performance of this agreement. The indemnification obligation must also be
passed on to contractors and/or consultants. Given that liability is
limited to County’s non-compliance or performance of this agreement and the
statutory caps of Section 768.28, Florida Statutes, Palm Tran recommends Board
approval. Countywide (MM)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
3. Staff recommends
motion to approve: the first amendment to Agreement R2021-0256, which contains a two year extension with the Lakes of
Delray, Inc. for the provision of transportation services on routes 70, 81 and
88, effective February 1, 2023 through January 31, 2025, in the amount of
$119,116.80 per contract year. SUMMARY: This
agreement allows for a slight deviation within Palm Tran routes 70, 81 and 88
to provide a more accessible pick-up point for the residents of Delray Lakes,
Inc. Homeowners Association HOA. The agreement eliminates the necessity for
customers to pay individual fares upon boarding Palm Tran buses and instead,
the County is paid an annual amount, based on a per dwelling rate, for the
service. Residents are responsible for paying individual fares should they
transfer from Routes 70, 81 or 88 to another route. Countywide (MM)
CC. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office an Agreement
Between the State of Florida, Office of the Attorney General and the Palm Beach
County Sheriff’s Office for a Victim of Crime Act (VOCA) award in the amount of
$217,659 for the period October 1, 2022
through September 30, 2023; and
B) approve a budget amendment of $217,659 in the
Sheriff’s Grants Fund.
SUMMARY: On
October 1, 2022, the Palm Beach County Sheriff’s Office (PBSO) received a VOCA
grant. These funds will be used to continue funding the three victim advocate
positions to concentrate on the domestic violence, human trafficking, and
violent crime victim population in Palm Beach County. The three positions will
coordinate services with PBSO officers, the County’s Victim Services Programs,
and other municipal agencies to offer crisis intervention, lethality
assessments, safety plans, and case management services. There is no match
requirement. An increase in funding from the County may be requested
through our annual budget process once the grant ends. The OAG Catalog of Federal Domestic Assistance Number
for this program is 16.575 and OAG grant number VOCA-2022-903. Countywide (RS)
JANUARY 10, 2023
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 a Grant Award for the
FY2022-2023 Coach Aaron Feis Guardian Program from the Florida Department of Education for the
period of July 1, 2022 through August 31, 2023; and
B) approve
a budget amendment of $100,000 in the Sheriff’s Grants Fund.
SUMMARY: On November 21, 2022,
the Palm Beach County Sheriff’s Office (PBSO) received a grant award in the
amount of $100,000 for the Coach Aaron Feis Guardian Program to continue the
Safe Schools Security Guard Training Program (SSSGTP). The SSSGTP is a partnership with the Palm
Beach County School District to ensure all charter schools in Palm Beach County
are equipped with a Safe-School Officer in compliance with Section 1006.12,
Florida Statutes. These funds will be used for overtime and personnel costs to provide
training by qualified sworn deputies/instructors certified by the Criminal
Justice Standards and Training Commission and to provide program
supervision/oversight. The
contract agreement number is
97K-90210-3D001. The CFSA# is 48.14. There is no match requirement.
Countywide (RS)
3. Staff recommends
motion to receive and file: a grant extension
approval notice from the Office of National Drug Control Policy to extend our FY20
High Intensity Drug Trafficking grant award period from December 31, 2022
through June 30, 2023. SUMMARY: The Board of County Commissioners accepted
this grant award for $149,193 on May 5, 2020 (R2020-0502). The grant was extended through December 31,
2022 on February 1, 2022 (R2022-0083). This agenda item will extend the grant
period from December 31, 2022 to June 30, 2023. There is no match
requirement. The Catalog of Federal
Domestic Assistance number is 95.001 and the contract number is G20MI0011A. Countywide
(RS)
4. Staff recommends
motion to receive and file: a grant extension
approval notice from the Office of National Drug Control Policy to extend our FY21
High Intensity Drug Trafficking grant award period from December 31, 2022
through September 30, 2023. SUMMARY: The Board of County Commissioners accepted
this grant award for $132,496 on April 6, 2021 (R2021-0456). This agenda item
will extend the grant period from December 31, 2022 to September 30, 2023. There
is no match requirement. The Catalog of Federal Domestic Assistance number
is 95.001 and the contract
number is G21MI0011A. Countywide (RS)
JANUARY 10, 2023
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 Bureau of Justice Assistance (BJA) State Criminal Alien
Assistance Program FY 2021 Grant in the amount of $57,965 for the period of
November 2, 2022, through the date all funds have been spent; and
B) approve a budget amendment
of $57,965 increasing the Sheriff’s Grants Fund.
SUMMARY: The BJA has made funds available to be used
for correctional purposes. These funds will be used in accordance with the
Department of Justice Reauthorization Act of 2005. There is no match
requirement. Countywide (RS)
6. 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, City of Lake Worth and Village of Wellington Impaired
Driving Strategy, in the amount of $100,000, for the period of November 17,
2022 through September 30, 2023; and
B) approve a budget amendment of $100,000, increasing the Sheriff’s Grants fund.
SUMMARY: On November 17, 2022, the Florida Department of
Transportation awarded a grant to the Palm Beach County Sheriff’s Office in the
amount of $100,000, to support an Impaired Driving Initiative in the City of
Lake Worth and Village of Wellington.
Funds will be used to support overtime costs associated with the
Impaired Driving project. There is no match requirement. The Catalog of Federal
Domestic Assistance number is 20.616, the project number is M5HVE-2023-00357, and the DOT Contract number is G2D99. Countywide (RS)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
7. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a contract amendment
between the Palm Beach County Sheriff’s Office and the University of North
Florida Training and Services Institute, Inc., d/b/a Institute of Police
Technology and Management (IPTM), to provide $50,000 in supplemental funding; and
B) Approve
a budget amendment of $50,000 in the Sheriff’s Grants Fund.
SUMMARY: The Board of
County Commissioners (BCC) accepted this grant award for $91,144.70 on August
23, 2022 (R2022-0873). On October 18, 2022, the BCC approved $32,246.13 in
supplemental funding (R2022-1234).
This agenda item will provide additional funds in the amount of $50,000 which
brings the total award to $173,390.83. These funds will be used to pay for overtime
costs associated with the High Visibility Enforcement project to support
the Florida Department of Transportation’s Bicycle Pedestrian Focused
Initiative. There is no match
requirement. The Catalog of
Federal Domestic Assistance number is 20.205, the project number is
433144-1-8404, and the FDOT
Contract number is G2A92. Countywide
(RS)
DD.
OFFICE OF EQUAL OPPORTUNITY
1. Staff recommends
motion to approve: a contract with the Legal Aid Society of Palm Beach
County, Inc. for the three year period January 1, 2023 through December 31, 2025
for the Wage Dispute Project totaling $449,209.77 $435,999 of
which $145,333 is budgeted in contract year 2023 with an anticipated 3%
annual increase for a potential allocation of $149,692.99 $145,333
in each subsequent contract year, for year two and $154,183.78 for year
three, contingent upon a budgetary appropriation by the Board of County
Commissioners, for the term of the contract. SUMMARY: On January 4, 2022, the County and the Legal Aid Society
of Palm Beach County, Inc. (Legal Aid Society) entered into a contract (R2022-0032)
for $141,100 to cover the salary and benefits of the staff attorney assigned to
the Wage Dispute Project, and the support, investigative and court processing
services of the project. The Legal Aid Society has requested to continue the
program. In 2021, 131 individuals were provided service under the contract and
107 individuals were provided service under the contract in 2022 from (January
1, 2022 through October 31, 2022). Kristina Rowe, employee of the Legal Aid
Society, serves on the Palm Beach County HIV CARE Council (Council), which is a
County Advisory Board. The Council provides no regulation, oversight,
management, or policy-setting recommendations regarding the contract 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. Countywide (DO)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
EE. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: three fully
executed Palm Beach County FY2023, Category “G” Grant Agreements managed by the
Palm Beach County Sports Commission, Inc. (Sports Commission), on behalf of the
Palm Beach County Tourist Development Council (TDC) with:
A) Perfect Game USA, Inc., for the
promotion of the WWBA Championship Week/Perfect Game
WWBA 13U & 14U World Championship, held from October 6 - 17, 2022, for
the term June 6, 2022 – January 17, 2023. This grantee was approved by the TDC
on September 8, 2022, in the amount of $84,000;
B) Orlando Youth Hockey Association, Inc., for the promotion
of the Columbus Day Discovery Showdown, held from October 6 - 9, 2022 for the term July 6, 2022 – January 9,
2023. This grantee was approved by the
TDC on September 8, 2022, in the amount of $8,000; and
C) Player’s International Management, Inc., for the promotion of the USTA
Columbus Day Open, held October 8 –
10, 2022, for the term July 8, 2022 – January 10, 2023. This grantee was approved by the TDC on
September 8, 2022, in the amount of $7,500.
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, as amended, authorizing the
County Administrator and/or the Executive Director of the TDC to enter into
grant agreements with Category G (Sports) grantees after they have been
approved by the TDC. Room nights generated for Perfect Game USA, Inc./WWBA 13U
& 14U World Championship were 16,141, room nights generated for Orlando
Youth Hockey Association, Inc./Columbus Day Discovery Showdown were 645, and
room nights generated for Players International Management, Inc./USTA Columbus
Day Open were 471. Districts 1, 2, 4, 5, 6 & 7 (YBH)
JANUARY 10, 2023
3. CONSENT
AGENDA APPROVAL
EE. TOURIST
DEVELOPMENT COUNCIL (Cont’d)
2. Staff recommends
motion to receive and file: two fully executed
Palm Beach County FY2023, Category “G” Grant Agreements managed by the Palm
Beach County Sports Commission, Inc. (Sports Commission), on behalf of the Palm
Beach County Tourist Development Council (TDC) with:
A) Caribbean Baseball
Organization, Inc., for the promotion of the World Comes to the Palm Beaches,
held from October 26 - 30, 2022, for the term July 26, 2022 – January 30, 2023.
This grantee was approved by the TDC on September 8, 2022, in the amount of
$15,000; and
B) Boca Raton
Champions Charities, Inc., for the promotion of the TimberTech Championship,
held from October 31 – November 6, 2022, for the term July 31, 2022 – February
6, 2023. This grantee was approved by
the TDC on September 8, 2022, in the amount of $40,000.
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, as amended, authorizing the
County Administrator and/or the Executive Director of the TDC to enter into
grant agreements with Category G (Sports) grantees after they have been
approved by the TDC. Room nights generated for Caribbean Baseball Organization,
Inc./World Comes to the Palm Beaches were 1,547 and room nights generated for
Boca Raton Champions Charities, Inc./TimberTech Championship were 1,500. Districts
1, 4 & 7 (YBH)
* * * * * * * * * * * *
JANUARY 10, 2023
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Certificate
of Commendation presented to Lisa Lynch (District 4)
B) Proclamation
declaring January 2023 as Human Trafficking Prevention Month in Palm Beach
County (District 6)
C) Proclamation
recognizing the 20th Anniversary of United Way of Palm Beach County
Volunteer Income Tax Assistance Program in Palm Beach County (District 4)
D) Proclamation
declaring January 28, 2023 as More Than Pink Day in Palm Beach County (District
7)
E) Proclamation recognizing Lessing’s Hospitality Group (District 1)
F) Proclamation
declaring January 2023 as Mentoring Month in Palm Beach County (District 7)
G) Proclamation
declaring January 26-27, 2023 as 24-Hour Homeless Point-In-Time Count Day in
Palm Beach County (District 6)
H) Proclamation declaring January
11-15, 2023 as Seminole Maroon Remembrance Days in Palm Beach County (District
1)
* * * * * * * * * * * *
JANUARY 10, 2023
A. AIRPORTS
1. Staff recommends
motion to approve: a one-time purchase of a Sutphen Heavy Duty
Monarch S-Series 750 Pumper vehicle in the amount of $760,534.73 for use
at Palm Beach International Airport (PBI). SUMMARY: The Palm Beach
County Department of Airports, in coordination with Palm Beach County Fire
Rescue, has identified the need for the replacement of the existing rescue
pumper at Station 81 at PBI. Station 81 is the primary response facility for
all incidents and accidents that occur at PBI.
The new pumper vehicle will allow Station 81 to carry all of the
required tools, specialized Aircraft Rescue and Fire Fighting equipment, and
personnel to the scene in a single vehicle and will provide increased water capacity. Several of the vehicles utilized by Station
81 at PBI are nearing, or at the end of, their typical service life, resulting
in increased maintenance costs and difficulty in sourcing replacement parts. A
replacement and renewal plan has been developed to replace additional vehicles
over the next several years. The procurement of the Sutphen Pumper vehicle will
be processed through the NPP RFP 1905, Item # 3.C, Custom Pumper, Sutphen
Contract # PS20250. A purchase order will be issued for the purchase of the
pumper vehicle following Board approval of this purchase. The requirements of
the County’s EBO Ordinance have been waived for this purchase since there are
no certified Small/Minority/Women-Owned Business Enterprises capable of
providing this vehicle. Pursuant to changes to Chapter 332, Florida Statutes,
effective October 1, 2020, a governing body of a commercial service airport may
not approve contracts in excess of the Category Five threshold amount of
$325,000 provided in Section 287.017, Florida Statutes, on a consent agenda.
This purchase exceeds the threshold amount and must be approved on the regular
agenda. Countywide (AH)
JANUARY 10, 2023
5. REGULAR AGENDA
A. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve:
A) a Master Services Agreement
with ARINC Incorporated (ARINC), a part of Collins Aerospace (Collins),
(Agreement) for an amount not to exceed $1,100,419.37, providing for hardware and
firmware updates to the Common Use Passenger Processing System (CUPPS) used by
the airlines operating at Palm Beach International Airport (PBI), licensing for
the continued use of proprietary software applications, and technical support
services effective January 10, 2023, and expiring on September 30, 2024, with
four additional one-year options to renew;
B)
a budget transfer in the amount of $167,669 in the
Airport’s Improvement and Development Fund to provide budget for the project,
including a transfer from Reserves in the amount of $167,669. This project is
partially funded under the current year’s budget.
C) a
budget transfer in the amount of $327,231 in the Airport’s Operating Fund to
provide budget for the project, including a transfer from Reserves in the
amount of $327,231.
SUMMARY: The Agreement provides for hardware and
firmware updates to the CUPPS, licensing for the continued use of proprietary
software applications, and technical support services. Historically, airlines
installed proprietary equipment at ticket counters and at gate podiums to
process passengers at PBI. Common
use technology enables multiple airlines to share computer workstations at
physical check-in and gate podiums to process passengers for flights using a
uniform electronic interface. While a number of airlines still use proprietary
equipment at leased ticket counters and gates, many of the airlines operating
at PBI rely solely on the CUPPS for passenger processing, and all the airlines
use the CUPPS for overflow when additional gates are required to process
passengers for flights. The County
entered into a Contract with ARINC for the installation of the CUPPS on October
18, 2016 (R2016-1480), which included a five-year software license and
technical support services and expires on January 31, 2023. Although the
Agreement becomes effective upon Board approval, the software license and
technical support services will not commence until the expiration of the
current Contract. The total not to exceed amount includes $200,000 for any
equipment or services that may be required during the initial term of the
Agreement, including, but not limited to, the purchase of additional and/or
replacement equipment such as workstations, kiosks and peripherals, data
security improvements and assessments, relocation of equipment, and other
services necessary for the support of the CUPPS. Airlines utilizing the CUPPS
at PBI pay for the full cost of the system through rates and charges
established annually in accordance with the Signatory Airline Agreement
(R2019-1155). ARINC is the sole source service provider for the CUPPS used at
PBI; therefore, the Agreement is not subject to Affirmative Procurement
Initiatives (API) for Small/Minority/Woman-Owned Business Enterprise
participation. The Agreement includes nonstandard limitation of liability and
indemnification provisions, limiting ARINC’s liability to $1 million dollars
and requiring ARINC to indemnify the County for ARINC’s negligence or willful
misconduct. Due to business needs and after advising the Department of Airports
(DOA) accordingly, approval has been granted by Risk Management and the County
Attorney’s Office to move the Agreement forward for Board of County
Commissioner approval. The CUPPS is critical to on-going airport operations,
requiring specialized technical knowledge for its operation, maintenance and
repair. Accordingly, DOA recommends approval of this item. 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 Agreement exceeds the
threshold amount and must be approved on the regular agenda. Countywide (AH)
JANUARY 10, 2023
5. REGULAR AGENDA
B. ADMINISTRATION
1. DELETED Staff requests direction:
A) on the inclusion of a 401(a) plan as part of
the County’s investment options for mandatory employee participation that directs
designated unused sick and/or vacation leave into the Special Pay Plan (SPP);
and
B) issuance of an RFP for either one or
multiple 401(a) providers.
SUMMARY: Staff provided an update to the Palm Beach
County Board of County Commissioners (BCC) on October 18, 2022, At that time
based on a previous directive, staff researched the parameters of setting up a
401(a) plan with the specific intent of requiring employees who have
accumulated sick and/or vacation leave, to have those funds deposited into this
specific fund upon completion of their service with the County. County staff
remained uncertain of the ability to use the 401(a) as a direct deposit of
these unused sick and vacation hours and requested outside Counsel to opine on
the matter. The BCC granted that request, and that response was received on
December 2nd, and confirmed that the 401(a) could be used in this
manner. 401(a) plans are investment tools that are also known as SPPs that can
be customized depending on who participates and what types of contributions are
allowable, but ultimately require anyone designated as participants to
participate in the SPP. These plans are additional retirement plans that are
funded by an employee’s “Special Pay”, which is compensation other than regular
salary or wages accumulated by an employee.
Those funds can be converted to a lump sum at termination of employment
or can be swept into the fund at specified increments at the end of a pay
period or a fiscal year. Special Pay for these plans may include any
accumulated, unused sick, vacation or other leave payment that is eligible for
contribution into the plan. Through these plans, the employer must contribute
any accumulated Special Pay designated under the rules of the plan directly
into the Plan. While the mandatory participation of the plan can be an argument
against its’ implementation, the employer and employee tax savings of 7.65% of
Social Security and Medicare tax that come with the plan setup is seen as one
of its advantages. Currently, Palm Beach County has a 401(a) plan administered
by Nationwide. That plan was specifically created for one employee over 25
years ago who was not eligible to participate in the Florida Retirement System.
The remaining direction requested of the Board are the specifics on how to set
up the plan and whom it will apply to, in addition to, how employees entering
DROP will be able to utilize their excess hours to contribute toward their
Average Final Compensation. Direction
from the Board is also requested regarding when we issue an RFP, will it be for
one or more specific 401(a) providers. Countywide (MM)
JANUARY 10, 2023
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to:
A) approve an American Rescue Plan Act (ARPA) Response
Replacement Fund award in the amount of $2,358,001 to Neighborhood Renaissance,
Inc.;
B) approve an ARPA Response
Replacement Projects Fund award in the amount of $275,000 to Pahokee Housing
Authority;
B) approve an ARPA Response Replacement Fund award in
the amount of $409,500 to Riviera Beach Housing Authority;
C) approve
an ARPA Response Replacement Fund award in the amount of $857,000 to Oikos
Development Corporation;
D) approve
a budget transfer of $3,899,501 $3,624,501 in the ARPA Response Replacement
Fund;
E) direct staff to negotiate the loan agreements;
and
F) authorize the County Administrator or designee to
execute the loan agreements, amendments thereto, and all other documents
necessary for project implementation.
SUMMARY: On
September 12, 2022, the Department of Housing and Economic Development issued a
Notice of Funding Availability HED.2022.2, making $3,900,000 of County ARPA
Response Replacement Fund funding available to provide housing for very low
income households. This funding was made available to not-for-profit
organizations, public agencies, and certain for-profit entities to use as gap
funding for the development of new affordable housing to serve individuals and
households whose incomes do not exceed 50% of the Area Median Income
(AMI). All units must provide an
increase in the total number of affordable housing units in the County.
Applications were accepted on a first-come, first eligible and first-funded
basis. Four applications were received and reviewed for eligibility,
responsiveness, and viability. All four applications met the criteria.
Staff is recommending funding approval for the following four three
projects that met criteria for eligibility, responsiveness, and viability:
JANUARY 10, 2023
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC DEVELOPMENT
1. (Cont’d)
1) $2,358,001 to Neighborhood Renaissance,
Inc. to construct Coleman Park Renaissance, a 43-unit multi-family rental
development located between 22nd Street and State Street along
Tamarind Avenue in West Palm Beach. The project includes 12 units for tenants
with incomes no greater than 50% AMI.
The total development cost is $19,146,252. The County also has awarded
$887,174 from other funding sources to assist with this project’s development
costs;
2) $275,000 to
Pahokee Housing Authority to construct a three bedroom, two-bath single-family
home located at 223 Cypress Avenue, Pahokee.
The unit will be rented to a household with income no greater than 50%
AMI. The total development cost is $550,000;
2) $409,500 to Riviera Beach Housing Authority
to construct a four unit multi-family rental development for tenants with
incomes no greater than 50% AMI. The
project will be located at 415 West Blue Heron Boulevard, Riviera Beach. The total development cost is $819,000; and
3) $857,000 to Oikos Development Corporation
to construct Everglades Townhomes, a 60-unit multi-family rental townhome
development located at 200 S. Barfield Highway, Pahokee. The project will
include six units for tenants with incomes no greater than 50% AMI. The total
development cost is $19,614,576.
All
County-assisted units will remain affordable to tenants with incomes no greater
than 50% of AMI for no less than 50 years. The funds will be provided as a
loan that will be forgivable at the end of a 50-year period if all terms are
met. The funding agreements and related documents pursuant to these funds
will be between the County and the entities identified herein or their
respective successors and/or assigns. To facilitate project implementation,
staff requests authorization for the County Administrator or designee to
execute the loan agreements and related documents. These are County ARPA Response
Replacement Funds that do not require a local match. Districts 6 & 7
(HJF)
JANUARY 10, 2023
5. REGULAR AGENDA
D. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A) an agreement for purchase and sale of a 1.3
acre parcel of vacant land located north of Indiantown Road and east of Bee
Line Highway from Maryann S. Peterson and Jeanne M. Givens for $20,150 plus
closing, title insurance and recording costs estimated to be $425;
B) a Memorandum of Agreement with Maryann S.
Peterson and Jeanne M. Givens;
C) an agreement for purchase and sale of a 1.3
acre parcel of vacant land located north of Indiantown Road and east of Bee
Line Highway from Amelia F. Petravicz for $20,150 plus closing, title insurance
and recording costs estimated to be $425; and
D) a Memorandum of Agreement with Amelia F.
Petravicz;
SUMMARY: On November 2, 2021,
the Board of County Commissioners (Board) approved a fiscal strategy for the
spending of American Rescue Plan Act (ARPA) funds, which included an allocation
of $4,000,000 for the acquisition of environmentally sensitive lands. The
parcels owned by Maryann S. Peterson and Jeanne M. Givens (Peterson and Givens
parcel) and Amelia F. Petravicz (Petravicz parcel), are interior parcels
located in an area known as Palm Beach Heights (part of the Pal-Mar Ecosite).
The Pal-Mar Ecosite is part of a large ecological greenway that stretches from
just west of the Atlantic Ocean to just east of Lake Okeechobee. The area provides habitat for a wide variety
of native plants and animals and it is part of a hydrologically significant
region that includes the headwaters of the federally designated Wild and Scenic
Northwest Fork of the Loxahatchee River. Hence, its value as environmentally
sensitive land. Palm Beach Heights is an old, non-confirming subdivision and,
as described in the County’s “Report on Lack of Development Potential of Palm
Beach Heights Parcels – April 2017,” most of its parcels, including the subject
parcels, cannot meet current land development regulations and are therefore,
unbuildable. Appraisals were obtained
from Anderson & Carr, Inc. and M.R. Ford & Associates, Inc. who
assigned a $15,000 and $16,000 per acre value for interior Palm Beach Heights
parcels, respectively. Callaway & Price, Inc. reviewed the appraisals and
concluded a reasonable aggregate value of $15,500 per acre for interior Palm
Beach Heights parcels, which is the basis of the offers. The agreements allow for the County’s due
diligence review of the parcels within 45 days of Board approval. The County
will pay title insurance policy premiums, closing and recording costs estimated
to be $425 for the Peterson and Givens parcel and $425 for the Petravicz parcel.
The Environmental Resources and Management (ERM) Department will perform
pre-acquisition environmental assessments for the parcels prior to
closing. Boundary surveys will not be
obtained for any of the parcels due to their remote locations. ERM will be
responsible for the administration of the parcels. All costs related to the
acquisitions will be paid from existing funds received from the ARPA Response
Projects Fund. These acquisitions must be approved by a supermajority vote
(5 Commissioners). (Property &
Real Estate Management) District 1 (HJF)
JANUARY 10, 2023
5. REGULAR AGENDA
E. INTERGOVERNMENTAL
AFFAIRS
1. Staff recommends
motion to adopt: the
proposed 2023 State Legislative Agenda. SUMMARY: The 2023 State Legislative Agenda outlines issues that the County's
Legislative Affairs and Intergovernmental Affairs Offices, in conjunction with
the County's contract state lobbyists, will advocate for, and work to oppose
during the upcoming 2023 state legislative session. The 2023 State Legislative
Agenda includes general government and environmental & natural resources
issues with a focus on items related to Glades economic development, substance
use and mental health, affordable housing, homelessness, transportation and
water and environmental restoration. Topics covered will include, but are not
limited to: BCC policy priorities; Palm Beach County appropriations; statewide
legislation affecting Palm Beach County; and local Bills affecting Palm Beach
County. Countywide (AH)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL BOARD
JANUARY
10, 2023
6. BOARD OF COUNTY COMMISSIONERS SITTING
AS THE ENVIRONMENTAL CONTROL BOARD
A. HEALTH DEPARTMENT
1. Staff recommends
motion to approve: appointment
of one member to the Environmental Control Hearing Board for a term of three
years beginning February 11, 2023 to February 10, 2026.
Appointee |
Seat No. |
Requirement |
Recommended By |
Toral
Hertzberg |
5 |
Engineer |
Florida Engineering Society, PBC Chapter |
.
SUMMARY: The Board is composed of five members. Membership
must consist of one lawyer recommended by the Palm Beach County Bar
Association, one medical doctor recommended by the Palm Beach County Medical
Society, one engineer recommended by the Palm Beach County Chapter of the
Florida Engineering Society, and two citizens-at-large not holding elective
office. The Board currently consists of five members. The current diversity
count is: Caucasian: 4 (80%); and Hispanic: 1 (20%). The current gender ratio
(female: male) is 1:4. Countywide (HH)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD
RECOVENE
AS THE BOARD OF COUNTY COMMISSIONERS
JANUARY 10, 2023
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JANUARY 10, 2023
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: the updated Board Directive Reports which
include in process and completed board directive items. SUMMARY: At the
February 6, 2018 Board of County Commissioners Meeting, direction was given to
the County Administrator to submit monthly a status report of the board
directives. The report categorizes: 1)
In Process Items and 2) Completed
Items. The report continues to be updated on an on-going basis. Countywide
(LDC)
B. COUNTY ATTORNEY
JANUARY 10, 2023
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Request for off-site Proclamation declaring January 13, 2023 as
Substance Use and Mental Health Disorders Treatment Day in Palm Beach County
Request
for off-site Proclamation recognizing the importance of the Martin Luther King
Jr. Commemoration Ceremony and the work of the Palm Beach County Community Remembrance
Project Coalition
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
JANUARY 10, 2023
10. MATTERS BY THE PUBLIC – 2:00 P.M.
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JANUARY 10, 2023
11. 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."