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 Kerner

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 Kerner

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 (*).


           

 

ORDER OF BUSINESS

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

 

 

TABLE OF CONTENTS

 

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

 

 

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

                                                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 Kerner

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 Kerner

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

 

 

5.         REGULAR AGENDA

 

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

 

 

7.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


JANUARY 10, 2023

 

 

8.         STAFF COMMENTS

 

 

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

 

 

9.         COMMISSIONER COMMENTS

 

 

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.

 

 

 

 

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

 


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."