September
18, 2023
4:00
pm
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
SEPTEMBER 19, 2023
PAGE ITEM
37 3I10 *DELETED – Moved to 10/3
53 3T1 *MOVED/RENUMBERED TO 6A1
76 online
73 5A1 *REVISED MOTION / TITLE / Staff recommends motion to:
A) approve adopt a contract
between the Board of County Commissioners of Palm Beach County, Florida (BCC),
and Bencor, Inc. for development and implementation of a 401(a) Plan (Plan);
and
B) direct staff on Plan design specifics
for Palm Beach County employee participants.
75 5C1 *DELETED – For Further Staff Review
76 6A1 *ADD-ON: RECESS AS THE BOARD OF COUNTY
COMMISSIONERS /
CONVENE
AS THE CHILD CARE FACILITIES BOARD
Staff recommends motion to: the re- appointment of (2) members to the Child Care Advisory Council to
fill the positions listed below.
SEAT # |
NOMINEE: |
REQUIREMENT: |
Term |
NOMINATED BY: |
3 |
Sandra Wilensky |
Represents and operates a parochial
childcare facility |
10/1/2023 to 9/30/2026 |
Mayor Weiss |
4 |
Claudette Rifenberg |
Employed as a Consumer Protection Enforcement Official |
10/1/2023 to 9/30/2026 |
Mayor Weiss |
Summary: The Child Care Advisory Council is
comprised of seven members who serve at the pleasure of the Board of County
Commissioners. Members must consist of
two members who represent and operate private child care facilities in Palm
Beach County, one of whom operates a family day care home or large family child
care home; one member who represents and operates a parochial child care
facility in Palm Beach County; one consumer protection enforcement official;
one member for fire protection, engineering or technology; and one member who,
at the time of appointment, was the parent of a child attending a child care facility
in Palm Beach County; and one representative from the Florida Department of
Children and Families. The applicant for
appointment to Seat 3, Sandra Wilensky, is the Director and operator of Torah.
The applicant for appointment to Seat 4, Claudette Rifenberg, is a manager with
the Consumer Protection Enforcement with 18 years of experience in
serving. She was appointed to the
Council on October 1, 2021, to complete the term of a predecessor. She is recommended for appointment to her
first full term of service. The
diversity count for the six seats currently filled is Caucasian: 3 (50.0%),
African American: 2 (33.3%), and Hispanic American: 1 (16.7%). The gender ratio (female: male) is 6:0. The
nominee for Seat 2 is an African American female and the nominee for Seat 7 is
a Caucasian female. Staff continues to address the need for increased diversity
within our boards and will continue to encourage expansion of this Council’s
diversity. Countywide (HH).
ADJOURN
AS THE CHILD CARE FACILITES BOARD /
RECONVENE
AS THE BOARD OF COUNTY COMMISSIONERS
September
18, 2023
4:00
pm
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
SEPTEMBER 19, 2023
PAGE ITEM
76 6A1 *REVISED
MOTION / TITLE / RENUMBERED TO 7A1 / Staff recommends
77
online motion to approve: appointment of two of the following
individuals to replace one (1) citizen member and one (1) alternate citizen
member on the Value Adjustment Board (VAB):
Citizen Seat Nominee: Nominated By:
Jay N. Nisberg Mayor
Gregg K. Weiss
Or
Ashley Cacicedo, Mayor Gregg K. Weiss
Or
Elizabeth Accomando Commissioner Baxter
Or
Jodi Schwartz Commissioner
Woodward
AT-LARGE SEAT NOMINATED
BY:
Jay Nisberg Mayor
Weiss
Or
Elizabeth Accomando Commissioner
Baxter
Or
Jodi Schwartz Commissioner
Woodward
ALTERNATE SEAT NOMINATED
BY:
Ashley Cacicedo Mayor
Weiss
Or
Elizabeth Accomando Commissioner
Baxter
Or
Jodi Schwartz Commissioner
Woodward
NOTE: Items that were revised, added, deleted, or backup submitted and were
not listed on the preliminary addition/deletion sheet distributed to the Board
the prior day are noted with an asterisk (*).
* * * * * * * * * * *
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
SEPTEMBER 19, 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
3. CONSENT AGENDA (Pages 11 - 70)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 71
- 72)
5. REGULAR AGENDA (Pages 73 - 75)
6. BOARD OF COUNTY COMMISSIONERS SITTING AS
CHILD CARE FACILITIES BOARD
(Page 76)
7. BOARD
APPOINTMENTS (Page 77 - 78)
8. STAFF
COMMENTS (Page 79)
9. BCC
COMMENTS (Page 80)
10. ADJOURNMENT (Page 81)
* * * * * * * * * * *
SEPTEMBER 19, 2023
CONSENT AGENDA
A. ADMINISTRATION
Page 11
3A-1 Reappointment
of one member to the Health Care District Advisory Board.
B. CLERK & COMPTROLLER
Page 11
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.
3B-5 Records Destruction
C. ENGINEERING & PUBLIC WORKS
Page 13
3C-1 Change Order No. 3 with Ranger Construction
Industries, Inc. for the Seminole Pratt Whitney Road Improvements project for a
contract time extension.
Page 14
3C-2 Contract with Rosso Site Development, Inc.
for the Westgate Avenue project; and Approve a Budget Amendment.
Page 15
3C-3 Supplement No. 3 with HSQ Group, LLC for the
Australian Avenue Drainage Improvements.
D. ATTORNEY
Page 15
3D-1 Amendment No. 1 to the Agreement with law
firm Fowler White Burnett, P.A., exercising renewal and increasing the amount
of the contract.
E. COMMUNITY SERVICES
Page 16
3E-1 Amendment
No. 1 to the Homeless Resource Center for contract extension with Gulfstream
Goodwill Industries, Inc.; and Amendment No. 2 with GGI Annex for the
provision of emergency shelter for the homelessness.
Page 17 - 18
3E-2 Agreements
for the Elderly and a Budget Amendment to assist seniors and their caregivers.
SEPTEMBER 19, 2023
TABLE OF CONTENTS
CONSENT AGENDA
E. COMMUNITY SERVICES (cont’d.)
Page 19
3E-3 Amendment
No. 2 with Florida Association of Recovery Residences to amend, revise, and
extend the contract date, to increase the amount, for the provision of
providing education and training regarding the Recovery Capital Index.
Page 20 - 22
3E-4 Amendments
to Agreements for provision of financial assistance to extend the date and
increase total funding to continue improving behavioral health outcomes for
residents with mental, substance use and co-occurring disorders.
Page 22
3E-5 Amendment
No. 1 with Gulfstream Goodwill Industries, Inc. to amend, revise, and replace
portions of the agreement for the provision of vocational training and
employment services for adults with intellectual and developmental
disabilities.
Page 23
3E-6 Reappointment
of five members to the Homeless Advisory Board.
Page 24
3E-7 Home
Energy Assistance Programs Coordination Memorandum of Understanding with the
Volen Center, LLC to coordinate services to increase the quality of services to
seniors.
F. AIRPORTS
Page 24
3F-1 PBSO
Trespassing Enforcement Affidavits all County airports.
Page 25
3F-2 Registration
for Distribution of Literature or Picketing at PBI issued to NetJets
Association of Shared Aircraft Pilots.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 25
3G-1 Settlement offer for the full satisfaction of
a code enforcement lien against Jamie D. Freemen.
Page 26
3G-2 Settlement offer for the full satisfaction of
a code enforcement lien against Wilner and Yvronne Auguste.
SEPTEMBER 19, 2023
TABLE OF CONTENTS
CONSENT AGENDA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
Page 26
3G-3 Annual Report for the Fiscal Year ending
September 30, 2022 from Delray Beach Community Redevelopment Agency.
3G-4 Annual Report and Financial Statements for
the Fiscal Year ending September 30, 2022 from
the Town of
Jupiter Community Redevelopment Agency.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 27
3H-1 Annual contract with “2” S.B.W. &
Associates, Inc. for demolition services.
Page 28
3H-2 Budget Transfers and Budget Amendment within
the NAV Pub Imp Rev Bonds.
Page 29
3H-3 Amendment No. 1 with Kaufman Lynn
Construction, Inc. for the Lake Lytal Aquatic Complex Phase I Tree Relocation
project.
Page 30
3H-4 Utility Easement Agreement for electrical
services to the Homeless Resource Center.
3H-5 Sovereignty Submerged Lands Lease Renewal
with the Board of Trustees of the International Improvement Trust Fund for the
submerged lands at Juno Beach Park for an additional five year term.
Page 31
3H-6 Contract with LTG Sports Turf One LLC for the
furnish and install Sports Field Synthetic Turf project at multiple PBC owned
parks.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 32
3I-1 Amendment No. 2 with the Business
Development Board of Palm Beach County, Inc. to amend the scope of services.
3I-2 Loan Agreement in Community Development
Block Grant Coronavirus funds with The Lord’s Place, Inc.
Page 33
3I-3 Ad Valorem Economic Development Agreement
with the Palm Beach County Film and Television Commission, Inc.
SEPTEMBER 19, 2023
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING AND ECONOMIC DEVELOPMENT (cont’d.)
Page 34
3I-4 Ad Valorem Economic Development Agreement
with the Florida Atlantic Research and Development Authority.
3I-5 Ad Valorem Agency Agreement with Florida
Atlantic University Board of Trustees.
Page 35
3I-6 Engagement Letter for audit services
between Housing Finance Authority of Palm Beach County, Florida and Marcum LLP.
3I-7 Engagement Letter for accounting services
between Housing Finance Authority of Palm Beach County, Florida and Weinstein
Zugman, LLC.
Page 36
3I-8 Budget Transfer from Housing and Economic
Sustainability and a Budget Amendment for capital improvement project for
restoration of water infrastructure with the Glades Region.
3I-9 Budget Transfer from Housing and Economic
Sustainability and a Budget Amendment for capital improvement projects to the
Orange Bowl Facility.
Page 37
3I-10 A Countywide Housing Action Plan for Palm
Beach County.
K. WATER UTILITIES
Page 38
3K-1 Highway
Contractor Agreement for utility work with FDOT; Three Party Escrow Agreement
with FDOT; Authority County Administrator and/or designee.
Page 39
3K-2 Agreement
No. 4600004796 with South Florida Water Management District for the Palm
Beach-Broward Interconnect Phase IA; Authorize County Administrator and/or
designee; and Approve a Budget Amendment.
Page 40
3K-3 Consultant
Services Authorization No. 8 with JLA Geosciences, Inc. for the mechanical
integrity testing.
Page 41
3K-4 Consultant
Services Authorization No. 9 with CDM Smith Inc. for the water treatment plant
No. 11 upgrades.
SEPTEMBER 19, 2023
TABLE OF CONTENTS
CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 42
3L-1 Resolution for law enforcement services
within Lake Worth Lagoon during manatee season; and Authorize County
Administrator and/or designee.
3L-2 Amendment No. 1 to the Artificial Reef
Deployment Area Use Agreement to extend the agreement termination.
Page 43
3L-3 Task Assignment No. 7 to FDEP for routine
compliance inspections of petroleum storage tank facilities.
3L-4 Amendment No. 1 to FDEP for Sawfish Island
Restoration Project to extend the completion date.
Page 44
3L-5 Amendment to Florida Inland Navigation
District Project for Sawfish Island Restoration Project to revise the project
estimate.
M. PARKS & RECREATION
Page 45
3M-1 Ratify the Mayor’s signature on an Urban
& Community Forestry Program grant application; Authorize County
Administrator and/or designee.
Page 46
3M-2 Florida Fish and Wildlife Conservation
Commission Florida Boating Improvement Program Grant Amendment No.1 for the
redevelopment of the John Prince Memorial Park boat ramps to modify the scope
of work.
3M-3 Amendment to Infrastructure Surtax Project
Plan, and a Budget Transfer.
Page 47
3M-4 Tee Time Advertising and Sales Agreement with
CanAm Golf Ventures, LLC.
Q. CRIMINAL JUSTICE COMMISSION
Page 48 - 49
3Q-1 Three grant awards from FDLE for Gulfstream
Goodwill Industries, Inc., The Lord’s Place, and City of Riviera Beach.
S. FIRE RESCUE
Page 49
3S-1 Memorandum of Agreement with the Children’s
Services Council of Palm Beach County to provide funding for the Drowning
Prevention Coalition.
SEPTEMBER 19, 2023
TABLE OF CONTENTS
CONSENT AGENDA
S. FIRE RESCUE
(cont’d.)
Page 50
3S-2 Agreements to provide swimming lessons.
3S-3 Write-off uncollectible emergency transport
patient accounts from the County’s general ledger.
Page 51
3S-4 2023 Amendment No. 2 to Emergency Triage,
Treat and Transport Model Participation Agreement with the Center of Medicare
& Medicaid Services to end the ET3 Model’s Performance Period.
3S-5 Appointment for one to the Fire Code Board
of Appeals and Adjustments.
Page 52
3S-6 Ratify a First Amendment to Letter of
Understanding with the Treasure Coast Health Council, Inc. increasing the
contract amount; and Approve and Budget Amendment.
T. HEALTH DEPARTMENT
Page 53
3T-1 Reappointment of two members to the Child
Care Advisory Council.
U. INFORMATION SYSTEMS SERVICES
Page 54
3U-1 Agreement with AT&T On-Premises Cellular
Network for the installation of an on-premises cellular network solution at the
Vista Center; and Authorize County Administrator and/or designee.
X. PUBLIC SAFETY
Page 54
3X-1 Agreement with the School Board for
acceptance of grant funds under the Driver Education Safety Trust Fund.
Page 55
3X-2 Reappointment of two members to the Consumer
Affairs Hearing Board.
Page 56
3X-3 State-funded Grant Agreement for the
Emergency Management Preparedness and Assistance Grant to improve and enhance
emergency management plans and programs; and Approve a Budget Amendment.
3X-4 Extension to Memorandum of Agreement with
the City of Miami for the Urban Area Security Initiative to extend the grant
period.
SEPTEMBER 19, 2023
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY (cont’d.)
Page 57
3X-5 Request for delegation of authority to sign
the Participation Request Form for the Florida Recovery Obligation Calculation
Program.
BB. YOUTH SERVICES
Page 58
3BB-1 Three contracts; one with For the Children Inc.,
one with City of Riviera Beach, and one with Student Aces, Inc. to fund Youth
Empowerment Centers.
Page 59
3BB-2 Agency Affiliation Agreement with Nova
Southeastern University, Inc. for students to complete planned and supervised
clinical experiences required for a Master’s or Doctoral degree.
3BB-3 Community Based Agency Contract with Prime Time
Palm Beach County, Inc. to provide Quality Improvement Professional Development
Expanded Learning Opportunities to out-of-school programs for middle and high
school students.
Page 60
3BB-4 Contract for Provision of Services with Friends
of Youth Services for funding and administrative support of the Summer Camp
Scholarship Program; and a Budget Transfer.
CC. SHERIFF
Page 61
3CC-1 Grant Modification #3 to the State Homeland
Security Subgrant Agreement to extend the grant period.
3CC-2 Palm Beach County Sheriff’s Office a Financial
Assistance Agreement for the Drone Replacement Program; and Approve a Budget
Amendment.
Page 62
3CC-3 Modification #4 to Subgrant Agreement with FDEM
to extend the grant period.
3CC-4 Modification #1 to Grant Award Agreement with
DOJ to extend the grant period.
3CC-5 Modification #1 to Grant Award Agreement with
DOJ to extend the grant period.
Page 63
3CC-6 Accept Letter of Agreement and Contract with
University of North Florida Training and Services Institute, Inc. on behalf of
PBSO; and Approve a Budget Amendment.
SEPTEMBER 19, 2023
TABLE OF CONTENTS
CONSENT AGENDA
DD. TOURIST DEVELOPMENT COUNCIL
Page 63
3DD-1 First Amendment to the Agreement with Discover
Palm Beach County, Inc. for the provision of services.
Page 64
3DD-2 First Amendment to the Agreement with Cultural
Council of Palm Beach County, Inc. for the provision of services.
3DD-3 First Amendment to the Agreement with Palm
Beach County Film and Television Commission, Inc. for the provision of
services.
Page 65
3DD-4 First Amendment to the Agreement with Palm
Beach County Sports Commission, Inc. for the provision of services.
Page 66
3DD-5 Twelve C-II Grant Agreements with various
grantees for the promotion/marketing of cultural events.
Page 67 – 68
3DD-6 Twenty-five B Grant Agreements with various
grantees for the promotion/marketing of cultural events.
EE. OFFICE OF EQUAL OPPORTUNITY
Page 69
3EE-1 Reappointment of one member to the Advisory Commission on Women
Board.
Page 70
3EE-2 Amendment with EEOC for processing and resolving employment
discrimination complaints; Approve a Budget Amendment and FY2023 Extension of
Worksharing Agreement.
PUBLIC HEARINGS – 9:30 A.M.
A. COUNTY ATTORNEY
Page 71
4A-1 Ordinance repealing Residential Tenancies
and Rental Payment Increase.
B. FACILITIES DEVELOPMENT & OPERATIONS
Page 72
4B-1 Palm
Beach County Inventory List of Real Property.
SEPTEMBER 19, 2023
TABLE OF CONTENTS
REGULAR AGENDA
A. ADMINISTRATION
Page 73
5A-1 Adopt the contract with Bencor, Inc. for the
PBC Employee 401(a) Plan.
B. AIRPORTS
Page 74
5B-1 Award letter for a six month extension of
the Term Contract for Janitorial Services at PBI.
C. HOUSING AND ECONOMIC DEVELOPMENT
Page 75
5C-1 Community Development Block Grant Coronavirus
funding to NOAH Development Corporation; direct staff to negotiate funding
agreement; and Authorize County Administrator and/or designee.
BOARD OF
COUNTY COMMISSIONERS SITTING AS CHILD CARE FACILITIES BOARD
Page 76
6A-1 Reappointment
of two members to the Child Care Advisory Council.
BOARD
APPOINTMENTS (Page 77 -
78)
7A-1 Approval of Board Appointment to the Value
Adjustment Board.
STAFF COMMENTS (Page 79)
COMMISSIONER COMMENTS (Page 80)
ADJOURNMENT (Page 81)
SEPTEMBER 19, 2023
A. ADMINISTRATION
1. Staff recommends
motion to approve: reappointment of one individual to the Health Care
District of Palm Beach County for a four year term beginning October 1, 2023
and ending September 30, 2027:
Tammy Jackson-Moore 2 Resident
west of Commissioner Marino
20 mile bend Commissioner Bernard
Commissioner
Barnett
Mayor
Weiss
Summary: Per Chapter
2003-326, Laws of Florida, the Health Care District of Palm Beach County is
comprised of seven members. The appointing authority shall consider the diverse
geographic areas of Palm Beach County in selecting individuals to serve on the
Health Care District of Palm Beach County, and at least one person, but not
more than two shall reside in the Glades Area.
The Governor shall appoint three members; the Board of County
Commissioners shall appoint three members, one of which must be an elected
official at the time of appointment; and one member shall be the Director of
the Palm Beach County Health Department.
Members may serve two, four-year terms.
The main requirement for this seat is that the individual must be a
resident west of 20-mile bend. A memo dated September 1, 2023 was
circulated to the Board of County Commissioners requesting support of Ms.
Jackson-Moore’s reappointment or requesting additional nominations. No additional nominations were received. With this appointment, the diversity of the
Palm Beach County representatives consist of: Caucasian: 2 (28.56%),
African-American: 2 (28.56%), Hispanic-American: 1 (14.28%), Other: 1 (14.28%).
The gender ratio (female:male) is 3:3. Countywide (HH)
SEPTEMBER 19, 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
August 24, 2023 Zoning
August 29, 2023 Workshop
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 August. Countywide
5. Staff
recommends motion to receive and file: A list of Clerk &
Comptroller (Clerk)
Finance Department records which have met the revised
required State retention schedule and are scheduled for destruction. Summary:
These records have met the required retention schedule of the
Florida Division of Library and Information Services per Sections 28.30, 28.31,
257.36 (6), Florida Statutes.
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Change Order
No. 3 in the amount of $522,091.20 and a contract time extension of 180 days to
the contract dated October 19, 2021 (R2021-1465) (Contract) with Ranger
Construction Industries, Inc. (Ranger) for Seminole Pratt Whitney Road from
Orange Boulevard to south of Northlake Boulevard, and Seminole Pratt Whitney
Road and Northlake Boulevard Intersection Improvements (Project). SUMMARY: Per PPM CW-F-050, the total of this Change
Order exceeds the threshold of $100,000 and allowable time extensions relating
to staff approvals of change orders to contracts and requires the Board of County
Commissioners approval. Approval of Change Order No. 3 will provide a 180 day
contract time extension and compensate Ranger for both direct and indirect
costs incurred due to delays in the relocation of existing concrete poles and
overhead wires by Florida Power and Light Company (FPL), which conflicted with approximately
1200 feet of proposed construction along the south side of Northlake Boulevard.
Palm Beach County (County) and FPL had special coordination meetings, which
included this Project on August 24, 2021, and December 9, 2021. FPL also
attended the preconstruction meeting on February 7, 2022. The Notice to Proceed
was issued to Ranger on February 15, 2022. On April 1, 2022, FPL received
notification that the area was cleared and prepared for their relocation. FPL
did not mobilize to start the relocations until July 28, 2022, and did not
complete the relocation until January 25, 2023. The Contract was approved on
October 19, 2021, for the amount of $17,999,999. The previous Change
Order amount of $10,334.79 plus this Change Order amount of $522,091.20, has a
total of $532,425.99 in Change Orders. The Contract’s total value including this
Change Order and previous change orders is $18,532,424.99. The County is
obligated by the Contract to pay for this Change Order No. 3; however, the
County will seek reimbursement from FPL for the delay. The Affirmative
Procurement Initiative selected for this Contract on March 4, 2020, by the Goal
Setting Committee is a 20% minimum mandatory Small Business Enterprise (SBE)
participation. Ranger committed to 20.2% SBE participation for this Contract.
The estimated SBE participation for this Change Order is 19.5%. Their
cumulative SBE participation for this contract, including this Change Order, is
20.1%. District 6 (YBH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to:
A) approve
a contract with Rosso Site Development, Inc. (RSD) in the amount of
$7,658,620.34 with a contract time of 460 calendar days for the construction of
Westgate Avenue from Wabasso Drive to Congress Avenue (Project); and
B) approve
a Budget Amendment of $3,700,616 in the Capital Outlay Fund to recognize
reimbursement funding from the Westgate Belvedere Homes Community Redevelopment
Agency (CRA) and appropriate it to the Project.
SUMMARY: Approval of
this contract will authorize the construction services necessary to convert
Westgate Avenue from five lanes to three lanes, add bike lanes, sidewalks,
parking areas, and street lighting for the Project. Approval of the Budget
Amendment will recognize reimbursement funding from the CRA. Because this
Project is funded by a federal grant (R2021-1896) through the Florida
Department of Transportation’s (FDOT) Local Agency Program (LAP), the Equal
Business Opportunity Ordinance is not applicable. FDOT requested that Palm
Beach County (County), a certified LAP agency, enter into the LAP grant
agreement on behalf of the CRA, and the CRA and the County entered into an
Interlocal Agreement (R2021-1897), whereby the CRA agreed to be responsible for
all costs above the grant amount and maintenance of the improvements after the
Project is complete. The Catalog of Federal Domestic Assistance number for
R2021-1896 is 20.205 Highway Planning and Construction. Bids for the contract were received by the Engineering Department
on June 20, 2023. RSD was the lowest responsive bidder of two bidders. The
contract time for the Project is 460 calendar days. District 7 (YBH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
3. Staff recommends
motion to approve: Supplement No. 3 (Supplement) to the
Australian Avenue Drainage Improvements from Banyan Boulevard to 45th
Street (Project) Contract (R2022-0335), dated April 12, 2022 (Contract)
with HSQ Group, LLC (HSQ) in the amount of $482,294.03 for professional services for the Project.
SUMMARY: Approval of this Supplement will provide the professional services
necessary to locate identified and unidentified utilities, to obtain an additional
survey for trees and wetland mitigation, and to complete a bridge scour report
for the Project. On October 7,
2021, the Goal Setting Committee applied Affirmative Procurement Initiatives of
a 20% minimum mandatory Small Business
Enterprise (SBE) participation and an SBE evaluation preference. HSQ agreed to
88% SBE participation for the Contract. They agreed to 63.31% SBE participation
for this Supplement. Their cumulative SBE participation to date for the
Contract including this Supplement is 90.35%. HSQ has an office located in Palm
Beach County and is a certified SBE company. The Contract was approved on April
12, 2022, for the amount of $2,679,239.13. The Contract’s total value including
this Supplement and previous supplements is $3,305,674.16. This Project is
included in the Five-Year Road Program and the infrastructure sales tax. District
7 (YBH)
D. ATTORNEY
1. Staff recommends
motion to approve: Amendment 1 to the Agreement with the law firm
of Fowler White Burnett, P.A., (Firm) exercising the County’s remaining three
(3) year renewal option through September 30, 2026, increasing the contract
not-to-exceed cap from $150,000 to $200,000 and increasing the maximum loan
closing services fee for HUD Section 108 loan closings from $5,000 to $6,500,
to be paid by borrowers as loan closing costs.
Summary: The County, through HED, processes a variety
of loans to qualified businesses through various loan programs, including, but
not limited to, U.S. Department of Housing and Urban Development Section 108
Loan Program; U.S. Department of Agriculture Intermediary Relending Program;
U.S. Environmental Protections Agency Revolving Loan Program; U.S. Department
of Energy Revolving Loan Program; and the County’s Micro Loan Program funded
under the HUD Community Development Block Grant (CDBG). The requirements associated with the unique
funding sources of these loans require specialized knowledge and, as such, HED
currently utilizes the services of the Firm to assist in loan closings, the
handling of foreclosure matters on defaulted loans, and other related
services. This Agreement allows for HED
to continue utilizing the Firm for such
specialized services, increases the not-to-exceed cap by $50,000 to allow
flexibility in bringing the pending foreclosure actions to conclusion, and
increases the closing costs associated with loan closings by $1,500 to account
for increased costs of legal representation.
These loan closing costs are paid by the borrowers, not the County. Countywide (DB).
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) Amendment
No. 1 to the Homeless Resource Center (HRC) Contract for Provision of Services
with Gulfstream Goodwill Industries, Inc. (GGI) (R2021-1468), to extend the
date from September 30, 2023 to September 30, 2024, and to increase funding by
$2,300,244, for a new total contract amount not-to-exceed $6,900,732, for the
provision of emergency shelter to individuals experiencing homelessness; and
B)
Amendment No. 2 to Contract
for Provision of Services with GGI Annex (R2020-0388), to extend the date from
September 30, 2023 to September 30, 2024, and to increase funding by
$2,412,452, for a new total contract amount not-to-exceed $10,396,484, for the
provision of emergency shelter to individuals experiencing homelessness.
Summary: Amendment No. 1 to HRC Contract for Provision of Services (R2021-1468)
is necessary to amend the original contract period to allow GGI to continue
providing case management, navigation, employment counseling, and engagement to
individuals and families experiencing homelessness in Palm Beach County. From October 1, 2022 through June 30, 2023,
GGI served 372 individuals. Amendment No. 2 to Contract for Provision of
Services (R2020-0388) is necessary to amend the original contract period to
provide additional time for the completion and relocation of individuals
experiencing homelessness from the Senator Philip D. Lewis Center Annex (Lewis
Center Annex) to the new Homeless Resource Center 2 (HRC2) in Lake Worth. On February 25, 2020, the Board of County
Commissioners (BCC) approved the Sheltering and Housing Strategy Annex to
“Leading the Way Home – Palm Beach County’s Plan to End the Cycle of
Homelessness (Leading the Way Home). This amendment allows for the continuation of the utilization of the Lewis
Center Annex facility for emergency shelter until the new HRC2 in Lake Worth is
completed. GGI currently operates three (3) shelters for the County — the HRC,
the Lewis Center Annex, and Lake Village of the Glades - Melissa’s Place. The
Lake Village of the Glades - Melissa’s
Place contract will be renewed on November 7, 2023. At that time, the County
intends to combine the three contracts into one contract in order to reduce the
administrative burden of managing three (3) separate contracts. From October 1,
2022 through June 30, 2023, GGI served 514 individuals. GGI will
continue providing shelter and housing opportunities for persons experiencing
homelessness utilizing a housing focused model similar to the successful
Senator Phillip D. Lewis HRC and the future HRC2 is expected to open in the
Fall 2023. (Division of Human and
Community Action) Countywide (HH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
2. Staff recommends
motion to approve:
A) Standard Agreement No. IC023-9500 for
Community Care for the Elderly (CCE) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA), for the period July 1, 2023 through June 30,
2024, in an amount not-to-exceed $3,078,970, to assist seniors and caregivers
by providing in-home services to help seniors live independently;
B)
Standard Agreement No.
IH023-9500 for Home Care for the Elderly (HCE) with AAA, for the period July 1,
2023 through June 30, 2024, in an amount not-to-exceed $170,593, to assist
seniors and their caregivers with the provision of care in a family-type living
arrangement as an alternative to institutional care;
C) Standard Agreement No. IZ023-9500 for
Alzheimer’s Disease Initiative (ADI) with AAA, for the period July 1, 2023
through June 30, 2024, in an amount not-to-exceed $2,235,100, to assist seniors
afflicted with Alzheimer’s disease and other forms of dementia, as well as
their caregivers, with services to help seniors reside independently in their
own homes; and
D) An
upward budget amendment of $4,653,080 in FY 2023 in the Division of Senior and
Veteran Services (DSVS) Administration Fund to align the budget to the actual
grant award.
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
2. Summary: Under the CCE agreement (Catalog of State Financial
Assistance (CSFA) 65.010), seniors and caregivers are assisted with in-home
services that help seniors live more independently. CCE program services are
funded with $3,078,970 in state funds, $68,579 in program income funds,
$342,108 in 10% required match and $1,064,669 in additional County funds. In
Grant Year (GY) 2022, CCE served 214 clients, provided 1,533 hours of case
management and 152,290 hours of in-home services. Under the HCE agreement (CSFA
65.001), seniors and caregivers are assisted with care in a family-type living
arrangement as an alternative to institutional care. HCE program services are
funded with $170,593 in state funds and $233,546 in County funds. In GY 2022,
HCE served 64 clients, provided 611 hours of case management and 10,233 hours
of in-home services. Under the ADI agreement (CSFA 65.004), seniors are
provided with case management, in-home and facility-based respite. ADI program
services are funded with $2,235,100 in state funds, $40,963 in program income
funds and $312,366 in County funds. In GY 2022, ADI served 124 clients,
provided 881 hours of case management and 88,763 hours of in-home services. There is a required County match under CCE
CSFA 65.010 in the amount of $342,108 and is already included in the budget. No
additional County match is required. The budget amendment is necessary to
align the County budget with the actual grant awards. DSVS is responsible for
providing services north of Hypoluxo Road. The areas of service include all of
the districts, excluding District 2, 4, 5 and 7 south of Hypoluxo Road. The Mae
Volen Center, Inc. is responsible for providing services in the areas south of
Hypoluxo Road. (DSVS) Countywide except for portions of Districts 2, 4, 5,
and 7 south of Hypoluxo Rd. (HH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
3. Staff recommends
motion to approve: Amendment No. 2 to Contract for Provision of
Services with Florida Association of Recovery Residences (FARR) (R2022-0269),
to amend, revise and extend the end date from September 30, 2023 to September
30, 2025, and to increase the total amount by $120,000, for a new total
contract amount not-to-exceed $240,000, for the provision of providing
education, training, and engaging FARR certified recovery residences regarding
the Recovery Capital Index (RCI). Summary: The FARR Recovery Capital Initiative seeks
to educate, train and engage FARR certified recovery residences regarding the
Recovery Capital Index (RCI). RCI is a peer-reviewed, validated tracking
instrument that measures recovery wellness and assessment of intervention
effectiveness. RCI will provide education and training on Medication Assisted
Treatment (MAT)/Medication Assisted Recovery (MAR) to FARR certified
residences, owners and staff; help develop best practices and compliance in
following medical prescriptions for individuals utilizing MAT/MAR; and educate
owners to broaden acceptance of MAT/MAR in recovery residences. Palm Beach
County has an interest in appropriately measuring long-term recovery outcomes
in the recovery residence environment through the use of RCI. The aim of the
project is to build recovery capital capacity within FARR certified recovery
residences in Palm Beach County. The intent is to foster an environment that
maximizes a resident’s opportunity to achieve long-term recovery through
education, monitoring and measuring outcomes. FARR currently has 103 housing
providers certified statewide, representing 1,492 locations and 6,384 beds.
Palm Beach County accounts for 51 of the statewide recovery residence programs
(49.5 %), representing 635 locations (42.5 %) and 2,712 beds (42.5%). Housing
stability is a key predictor of achieving long-term recovery outcomes. As such,
Palm Beach County has a keen interest in ensuring that recovery residences
certified in the county are rigorously screened and monitored to provide safe
and stable housing environments. Thus, another aim of this initiative is to
make sure that FARR has sufficient capacity to also achieve housing stability
for recovery residence residents utilizing the RCI. (Community Services
Department) Countywide (HH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
4. Staff recommends
motion to approve: Amendments to Agreements for Provision of Financial
Assistance with the below listed agencies, to extend the end date from September
30, 2023 to September 30, 2024 and increase the total funding amount by
$6,241,692, contingent on budgetary appropriation by the Board of County
Commissioners (BCC) for the terms of these agreements, to continue improving
behavioral health outcomes for residents with mental, substance use and
co-occurring disorders:
A) Amendment No. 1 with American Association of
Caregiving Youth, Inc. (AACY) (R2021-1475), for the provision of behavioral
health support services for caregiving youth, to increase the agreement by
$37,000 for FY 2024, for a new three (3) year total agreement amount
not-to-exceed $111,000;
B) Amendment No. 1
with Boys Town South Florida, Inc. (BTSF) (R2021-1476), for the provision of
behavioral support services for children, youth, young adults, and their
families, to increase the agreement by $399,901 for FY 2024, for a new three
(3) year total agreement amount not-to-exceed $1,199,703;
C) Amendment No. 1
with Center for Child Counseling, Inc. (CCC) (R2021-1477), for the
provision of community-based treatment and services to children, youth, and
young adults, to increase the agreement amount by $207,958 for FY 2024, for a
new three (3) year total agreement amount not-to-exceed $623,874;
D) Amendment No. 1 with Children’s Case Management
Organization, Inc., dba Families First of Palm Beach County (R2021-1478), for
the provision of behavioral health services to children, youth and young
adults, and kinship families, to increase the agreement amount by $175,054 for
FY 2024, for a new three (3) year total agreement amount not-to-exceed
$525,162;
E) Amendment
No. 1 with Drug Abuse Foundation of Palm Beach County, Inc. (DAF) (R2021-1479),
for the provision of medical detox services and intense residential treatment
services to residents, to increase the agreement amount by $1,305,000 for FY
2024, for a new three (3) year total agreement amount not-to-exceed $3,915,000;
F) Amendment No. 1
with Drug Abuse Treatment Association, Inc. (DATA) (R2021-1480), for the
provision of behavioral health services to children and youth in residential
treatment and non-residential treatment, to increase the agreement amount by
$255,000 for FY 2024, for a new three (3) year total agreement amount
not-to-exceed $765,000;
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
4. G) Amendment No. 1 with For the Children,
Inc. (FTC) (R2021-1481), for the provision of community-based treatment and
services to children and youth, to increase the agreement amount by $245,366
for FY 2024, for a new three (3) year total agreement amount not-to-exceed
$736,098;
H) Amendment No. 1
with Housing Partnership, Inc. (HP), dba Community Partners of South Florida
(R2021-1482), for the provision of behavioral health support services,
including supportive housing, to residents, to increase the agreement amount by
$411,275 for FY 2024, for a new three (3) year total agreement amount
not-to-exceed $1,233,825;
I) Amendment No. 1
with Jeff Industries, Inc. (JI) (R2021-1483), for the provision of
supportive employment services to low-income adults with severe and persistent
mental illness, to increase the agreement amount by $165,000 for FY 2024, for a
new three (3) year total agreement amount not-to-exceed $495,000;
J) Amendment No. 1
with South County Mental Health Center, Inc. (SCMHC) (R2021-1484), for the
provision of behavioral health services to residents, to increase the agreement
amount by $2,560,138 for FY 2024, for a new three (3) year total agreement
amount not-to-exceed $7,680,414; and
K) Amendment No. 1
with Wayside House, Inc. (WH) (R2021-1485), for the provision of a
partial hospitalization program on-site community-based day treatment and
services, to increase the agreement amount by $480,000 for FY 2024, for a new
three (3) year total agreement amount not-to-exceed $1,440,000.
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
4. Summary: On August 17, 2021, the BCC approved funding
allocations for the Financially Assisted Agencies (FAA) Program. The amendments
are needed to continue behavioral health services currently in place. On
October 19, 2021, the BCC approved agreements for Behavioral Health and
Substance Use Disorder. The Office of Behavioral Health and Substance Use Disorders
(OBHSUD) is amending each of the FAA agreements for one additional year,
without which they will all expire on September 30, 2023. Services under the
amendments are provided to Palm Beach County (PBC) residents. For FY 2024,
approximately 6,728 clients will be served in the Behavioral Health Services
Category. In FY 2022, 6,852 clients were served in the Behavioral Health
Services Category. Dr. Connie Siskowski, an employee of AACY is a member of the
Citizen Advisory Committee on Health & Human Services (CAC/HHS). Alton
Taylor, an employee of DAF is a member of the Public Safety Coordinating
Council and Criminal Justice Mental Health & Substance Use Council. These
boards provide no regulation, oversight, management, or policy-setting
recommendations regarding the subject contract or transaction. Disclosure of
these contractual relationships at a duly noticed public meeting is being
provided in accordance with the provisions of Section 2-443 of the Palm Beach
County Code of Ethics. (Financially Assisted Agencies) Countywide (HH)
5. Staff recommends
motion to approve: Amendment
No. 1 to Agreement for Provision of Financial Assistance (R2022-1099) with
Gulfstream Goodwill Industries, Inc. (GGI), for the period October 1, 2022
through September 30, 2025, to amend, revise and replace portions of the
agreement, with no change to the overall total contract amount of $584,616, for
the provision of vocational training and employment services for adults with
intellectual and developmental disabilities. Summary: This
amendment updates and replaces Exhibit B, with Exhibit B1 to reflect actual
cost reimbursement up to the contractual amount in accordance with the approved
programmatic budgets. The amendment allows GGI to continue providing vocational
and on-the-job training services to clients in order to help increase
self-sufficiency and income through employment. As of June 30, 2023, GGI has
provided services to 48 clients. (Financially Assisted Agencies). Countywide
(HH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
6. Staff recommends
motion to approve: the
reappointments of five (5) current members to the Homeless Advisory Board
(HAB), effective October 1, 2023:
Reappointment |
Seat Requirement |
Recommended By |
Term Expires |
Anne Gerwig |
Palm Beach County League of Cities Representative |
Palm Beach County League of Cities |
09/30/2026 |
Karen J. Abbott |
VA Medical Center Representative |
Veterans Administration Medical Center |
09/30/2026 |
Paul Dumars, Jr. |
Homeless Coalition of Palm Beach County Representative |
Homeless Coalition of Palm Beach County |
09/30/2026 |
Elizama Goertzen |
Business Community Representative |
Economic Development Council |
09/30/2026 |
Carol Jones-Gilbert |
Housing Authority Representative |
Community Services Department |
09/30/2026 |
Summary: On May 1, 2007, the Board of County
Commissioners (BCC) established the HAB. Per Resolution No. R2016-0038, the
total membership for the HAB shall be no more than 14 at- large members,
comprised of members representing government, business providers, law
enforcement, advocates, education, faith-based and the formerly homeless. Ms.
Gerwig is employed by AGA Engineering, which contracts with the County for
services. Ms. Gerwig is also the Mayor with the Village of Wellington. Ms.
Goertzen is an employee of Florida Power and Light (FPL). AGA Engineering and
FPL contract with the County for services; however, the HAB provides no
regulation, oversight, management, or policy setting recommendations regarding
the subject contracts or transactions. Disclosure of these contractual
relationships at a duly noticed public meeting is being provided in accordance
with the provisions of Section 2-443 of the Palm Beach County Code of Ethics.
The diversity count for the 10 seats that are currently filled is
African-American: 4 (40%), Caucasian: 4 (40%), Native-American: 1 (10%) and
Hispanic-American: 1 (10%). The gender ratio (female: male) is 7:3. Ms. Gerwig
and Ms. Abbott are Caucasian. Mr. Dumars and Ms. Jones-Gilbert are
African-American. Ms. Goertzen is Hispanic-American. Staff conducts targeted
outreach in an effort to proffer candidates for appointments that maintain a
diverse composition of the board. (Human Services and Community Action Program)
Countywide (HH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
7. Staff recommends
motion to approve: the Home Energy Assistance Programs
Coordination Memorandum of Understanding (MOU) with the Volen Center, LLC, to
coordinate services, help avoid duplication of assistance and to increase the
quality of services to seniors, with no cost to the County. Summary: The Low Income Home Energy Assistance
Program (LIHEAP) Federally Funded Subgrant Agreement No. E2016 (R2020-0783)
with the State of Florida, Department of Commerce (FDOC) requires that the Palm
Beach County Community Action Program (CAP) have a MOU with local service
providers of the Emergency Home Energy Assistance for the Elderly Program
(EHEAP). FDOC awarded CAP $4,697,292 in LIHEAP funds for the grant period July
1, 2023 through June 30, 2024. LIHEAP funding allows CAP to assist low-income
households experiencing a home energy emergency. The MOU with the Volen Center,
LLC will help avoid duplicate crisis assistance payment during the same grant
year by allowing CAP employees to check EHEAP records. It will further allow
CAP to process payments on behalf of elderly low-income clients, therefore,
avoiding disconnection of services for eligible participants. In FY 2022, 1,811
households with seniors received energy bill assistance preventing disconnection
or restoring services through LIHEAP. No County funds are required.
(Human Services and Community Action Program) Countywide (HH)
F. AIRPORTS
1. Staff recommends
motion to receive and file: Four
(4) Palm Beach County Sheriff’s Office (PBSO) Trespassing Enforcement
Affidavits (Affidavits), each commencing August 8, 2023
- Affidavit
for the Palm Beach International Airport (PBI);
- Affidavit
for the North Palm Beach County General Aviation Airport (F45);
- Affidavit
for the Palm Beach County Glades (Pahokee) Airport (PHK); and
- Affidavit
for the Palm Beach County Park (Lantana) Airport (LNA).
Summary: The
Affidavits are a PBSO standard form, which enables PBSO to enforce trespassing
violations at the airports. Affidavits
were last provided to PBSO on October 30, 2019 (R2019-1879 thru
R2019-1881). PBSO has requested updated
Affidavits. Delegation of authority for
execution of standard form Affidavits was approved by the Board in
R2009-1163. Countywide (AH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (cont’d.)
2. Staff recommends
motion to receive and file: Registration for Distribution of
Literature or Picketing (Registration) at the Palm
Beach International Airport (PBI) issued to NetJets Association of Shared
Aircraft Pilots (NJASAP), authorizing picketing at PBI by members of NJASAP on
August 31, 2023, at no cost. Summary: The
Registration authorizes NJASAP members to picket at PBI on August 31, 2023, in
locations identified in the Registration, in accordance with the Airport Rules
and Regulations (R98-220 as amended). Delegation of authority for the execution
of the standard form Registration was approved by the Board on October 3, 1995
(R95-1410). Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $7,257 for the full satisfaction of a code
enforcement lien entered against Jamie D. Freeman on September 18, 2019. Summary: The Code Enforcement
Special Magistrate (CESM) issued an order on April 3, 2019 for the property
owned by Jamie D. Freeman, giving her until July 2, 2019 to bring her property
located at 18974 Cloud Lake Circle, Boca Raton, FL into full code compliance.
The citation included overgrown vegetation, openly stored trash and debris,
inoperative/unlicensed vehicles, and construction of a PVC fence without a
permit. Ms. Freeman corrected most of
the violations and only the construction of a PVC fence without a permit
remained prior to the hearing held on April 3, 2019. She had until July 2, 2019 to bring the
property into full code compliance or a fine of $50 per day would begin to
accrue. Ms. Freeman was not
present at the hearing, but she contacted the Code Enforcement Division (Code
Enforcement) on April 17, 2019 to discuss the matter. Code Enforcement advised
Ms. Freeman to pull a permit for the PVC fence as ordered by the CESM. On July
9, 2019, a site inspection revealed the property remained in violation; the
fence was still in place without any permit on record. Compliance with the CESM’s order was not achieved, and the CESM executed
an order imposing a code lien against Jamie D. Freeman on September 18, 2019. Code Enforcement issued an affidavit of
compliance for the property on June 26, 2023, and the daily fines stopped. The
total on June 27, 2023 was $72,565.80, the date on which settlement discussions
began. Ms. Freeman has agreed to pay Palm Beach County $7,257 (10%) for full
settlement of the outstanding code enforcement lien. District 5 (SF)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
2. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $12,582 for the full satisfaction of a code
enforcement lien entered against Wilner and Yvronne Auguste on August 3, 2016. Summary:
The Code Enforcement Special Magistrate (CESM) issued an order on May 4,
2016 for the property owned by Wilner and Yvronne Auguste, giving them until
July 3, 2016 to bring their property located at 6548 Athena Drive, Lake Worth,
FL into full code compliance. The citation included nine different violations
including construction without permits, exterior structure disrepair, overgrown
vegetation, and openly stored trash and debris. Notice of violation was issued
on August 24, 2015 with a compliance date of November 2, 2015. A site visit
completed on February 5, 2016 revealed that the property remained as cited and
building permits remained inactive. A magistrate hearing was scheduled for May
4, 2016. Wilner and Yvronne Auguste were not present at the hearing. The CESM
gave Mr. and Mrs. Auguste until July 3, 2016 to bring the property into full
code compliance or a fine of $50 per day would begin to accrue. On July 5,
2016, a site inspection revealed the property remained in violation. Compliance
with the CESM’s order was not achieved, and the CESM executed an order imposing
a code lien against Wilner and Yvronne Auguste on August 3, 2016. The Code Enforcement Division (Code
Enforcement) issued an affidavit of compliance for the property on May 23,
2023, and the daily fines stopped. The total accrued fines on on June 6, 2023
was $125,818.67, the date on which settlement discussions began. Yvronne
Auguste has agreed to pay Palm Beach County $12,582 (10%) for full settlement
of the outstanding code enforcement lien. District 2 (SF)
3. Staff recommends
motion to receive and file: The Annual Report
for the Fiscal Year ending September 30, 2022 from the Delray Beach Community
Redevelopment Agency (DB CRA). Summary: The DB CRA has submitted
its Annual Report for the Fiscal Year ending September 30, 2022 as per section
numbers 163.356(3)(d) and 163.387(8), Florida Statutes. Countywide (DB)
4. Staff recommends
motion to receive and file: The
Annual Report and Financial Statements for the Fiscal Year ending September 30,
2022 from the Town of Jupiter Community Redevelopment Agency (TOJ CRA). Summary:
The TOJ CRA has submitted its Annual Report and Financial Statements for
the Fiscal Year ending September 30, 2022 as per section numbers 163.356(3)(d)
and 163.387(8), Florida Statutes. Countywide
(DB)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: an annual contract with the following contractor for
demolition services on an as-needed basis through April 3, 2028.
Contractor Status SBE or Non-SBE
"2"
S. B.W. & Associates Inc. Local S/MBE
Summary: On April 4, 2023, the Board of County
Commissioners (Board) approved the annual demolition contract (R2023-0414
through R2023-0415). The work consists of demolition services to County-owned
properties on an as needed basis. The Contractor now joins the list of four (4)
prequalified contractors for a total of five (5) prequalified contractors with
a contract expiration date of April 3, 2028. The specific requirements of the
work will be determined by individual work orders issued against this annual
demolition contract. These contracts are five (5) year indefinite-quantity
contracts with a maximum cumulative value of $1,000,000 across all prequalified
contractors. Work will be awarded as work orders on a lump-sum, competitively
bid basis across all prequalified contractors. Contractors may qualify at any
time and be added to this annual demolition contract before the term ends.
Projects $100,000 or greater are advertised on the vendor self-service (VSS)
website and are bid among the pool of certified Small Business Enterprise (SBE)
contractors, when three (3) or more small businesses are qualified under the
contract. Projects $200,000 or greater are advertised on the VSS website and
additionally advertised in the newspaper, further expanding the bidding pool to
include additional bidders responding to the specific project advertisement
that submit a qualification application at least ten (10) calendar days before
the bid due date. The annual demolition contract was presented to the Goal
Setting Committee on December 7, 2022 and the Committee established Affirmative
Procurement Initiatives (APIs) of sheltered market for projects less than
$100,000 (when three (3) or more small businesses are qualified under the
annual contract) or an SBE contractor will be given a price preference for
projects $100,000 or greater if its bid is within 10% of the lowest non-small
business bid. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE)
participation will be identified on each work order, and will be tracked
cumulatively for all work orders issued. To date, the cumulative S/M/WBE
participation for all work orders under the annual demolition contract is
14.97% (Capital Improvements) Countywide (MWJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve:
A) Budget Transfer in
the amount of $916,615 within the 65.360M NAV Pub Imp Tax
Rev Bond 15C CP, Prof Sports Fac Pr Fund
3078 to allocate reserves to the Ballpark of the Palm Beaches
Renewal/Replacement (R/R) project;
B) Budget Transfer in
the amount of $666,487 within the 56.645M NAV Pub Imp Rev Bonds, 15D CP, Prof
Sports Fac Proj Fund 3079 to allocate reserves to the Ballpark of the Palm
Beaches (R/R) project; and
C) Budget Amendment in the amount of $1,583,102
in the TDC- Bldg Renewal & Replacement fund 3807 recognizing the transfer
of residual funds from the 65.360M NAV Pub Imp Tax Rev Bond 15C CP, Prof Sports
Fac Pr Fund 3078 and the 56.645M NAV Pub Imp Rev Bonds, 15D CP, Prof Sports Fac
Proj Fund 3079 to allocate budget to the R/R project at the Ballpark of the
Palm Beaches (BPPB).
Summary: On October 20, 2015, the Board of County
Commissioners (Board) approved Resolution No. R2015-1528 which authorized the
issuance of the Series 2015C and Series 2015D bonds. The taxable Series 2015C Bonds and the tax
exempt Series 2015D Bonds were for the purpose of funding the construction of a
Professional Sports Franchise Facility known as the Ballpark of the Palm
Beaches (BPPB), and to pay the cost of issuance of the bonds. The County’s $135,000,000 funding obligation
has been fulfilled and proceeds in that amount expended for delivery of BPPB. The reserves in funds 3078 and 3079 are due
to interest earned on the bond proceeds and staff is recommending that the
$1,583,102 residual funds balance be allocated to the BPPB R/R project. Bond counsel has approved the use of the
residual funds from Fund 3078 and Fund 3079 to fund the BPPB R/R project. The original proceeds in Fund 3079 were
tax-exempt and since the related refunding bond’s escrow does not discharge
until 2025, the remaining tax-exempt bond proceeds must go to the BPPB R/R
project. There is no fiscal impact associated with this item. (Strategic
Planning) District 7 (MWJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to approve: Amendment No. 1 to the Construction Manager (CM) at
Risk Services contract (R2021-0749) with Kaufman Lynn Construction, Inc. (Construction
Manager) establishing a Guaranteed Maximum Price (GMP) in the amount of
$1,417,763.41 for the Lake Lytal Aquatic Complex-Phase 1 Tree Relocation
project for a period of 90 calendar days from notice to proceed. Summary:
On June 8, 2021, the Board of County Commissioners (Board) approved the CM
at Risk Services contract (R2021-0750) with the Construction Manager for the
Lake Lytal Aquatic Complex project. The Lake Lytal Aquatic Complex project
includes the construction of a new aquatic complex which will be located on
vacant county-owned land in the western portion of Lake Lytal Park. The new
aquatic complex features being considered through the design process include: a
main entrance/ticketing building, concession/party room building, 70-meter
pool, 25-yard teaching pool, family play area, locker/restrooms building, an
active water feature area, parking areas and all associated infrastructure to
support the project requirements. Amendment No. 1 establishes a GMP in the
amount of $1,417,763.41 for the construction management services necessary for
the Phase 1 Tree Relocation which is required to be completed prior to the site
and building development phases of the project. The Phase 1 Tree Relocation
includes, but is not limited to, the mobilization/relocation of one hundred
sixty-nine (169) trees, removal of one hundred nineteen (119) trees and
supplemental watering of the relocated trees for a period of twenty (20) to
twenty-four (24) months. The Construction Manager will have 90 calendar days
from notice to proceed to substantially complete this phase of the project.
Liquidated damages for failure to achieve certification of substantial
completion within the contract time or approved time extension thereof are $210
per day. The solicitation for the CM at Risk Services contract was advertised
on April 8, 2018 according to the prior Small Business Enterprise (SBE)
Ordinance in place at the time. This GMP is under the Equal Business
Opportunity (EBO) Ordinance. On June 7, 2023, the Goal Setting Committee (GSC)
established an Affirmative Procurement Initiative (API) of an SBE Price
Preference where an SBE contractor will be given a price preference if its bid
is within 10% of the lowest non-small business bid. SBE participation on the
construction trade contracts for this GMP is 100%. In accordance with Attachment 3 of Policy and
Procedure Memorandum (PPM) CW-O-043, the GSC utilizes the API’s applicable to
the construction phase of the contract (i.e. the subcontracts). This SBE participation is based on the
subcontracting trades associated with the GMP and does not include the CM’s
fees. SBE participation on the contract
to date is 53.53%. The CM is not a certified SBE, but has partnered with M.C.O.
Construction and Services, Inc., a Small/Minority/Woman-Owned Business
Enterprise (S/M/WBE), for construction management services. The Construction
Manager has an office located in Palm Beach County. Funding for this project
is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) District
3 (MWJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends
motion to approve: a Utility Easement Agreement (Easement) in favor of
the City of Lake Worth Beach (City) for electrical service to the Homeless
Resource Center 2 (HRC2). Summary: The County-owned HRC2 is located at 3680
Lake Worth Road south of Mid County Senior Center between Gulfstream Road and
Coconut Road in unincorporated Palm Beach County. The City provides electrical service to the
HRC2, Mid-County Senior Center and the neighboring community. During the recent construction of the HRC2,
the City installed underground electrical service and an above ground guy-wire
and pad-mounted transformer. The
easement area is in various lengths and widths, containing approximately 2,365
square feet (0.05 acres). This Easement
will be granted at no charge as the electrical services will only service the
HRC2. (Property & Real Estate
Management) District 3 (HJF)
5. Staff recommends
motion to approve: Sovereignty Submerged Lands Lease Renewal with the
Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (TIITF) for approximately 32,596 square feet of submerged lands at Juno
Beach Park for an additional five year term from April 2, 2022 through April 2,
2027 at an initial annual rent of $6,255.17.
Summary: The County
owns the Juno Beach Pier which was constructed over sovereign lands of
the State of Florida and open to the public in 1999. On March 12, 2019, the Board of County
Commissioners (Board) entered into a five year Lease Agreement (R2019-0376)
with the Loggerhead Marinelife Center, Inc. for the management and operation of
the Juno Beach Pier. The Board initially approved a five (5) year Sovereignty
Submerged Lands Lease (Lease) with TIITF for the lands under the Juno Beach
Pier on October 7, 1997 (R97-1464D) which has been renewed four times each for
a period of five (5) years (R2002-0674,
R2007- 1543, R2012-1386 and R2017-1035). The leased area covers approximately
32,596 square feet (0.75 acres) of sovereign submerged lands. This lease
renewal will retroactively extend the term of the lease for five (5) years from
April 2, 2022 through April 2, 2027. The initial annual rent is $6,255.17, with
annual increases pursuant to Rule 18-21.011, Florida Administrative Code
provisions. All lease fees and expenses are budgeted by the Parks and
Recreation Department (Parks) under its annual operating expenses for Juno
Beach Park. Parks will continue to have administrative responsibility for this
lease. (Property & Real Estate
Management) District 1 (HJF)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Staff recommends
motion to approve: A Construction Manager (CM) at Risk Services
contract with LTG Sports Turf One LLC for the Furnish and Install Sports Field
Synthetic Turf project located at multiple Palm Beach County (County) owned
parks. Summary: The County desires to have synthetic turf
furnished and installed on nineteen (19) fields at nine (9) County owned parks.
These parks include West Boynton Park, Caloosa Park, Buttonwood Park, Westgate
Park, Loggers' Run Park, Samuel Friedland Park, Dyer Park, John Prince Triplex
and Glades Pioneer Park. The Furnish and Install Sports Field Synthetic Turf
project includes, but is not limited to, the replacement of eighteen (18)
existing grass playing fields and one (1) playground with synthetic turf.
Contingent on budget availability, the project may also include new parking
lots, concrete sidewalks/paving, scoreboards, bleachers, fencing, storage
structures, modular restrooms and landscaping at the aforementioned parks. This
CM at Risk Services contract with LTG Sports Turf One LLC will authorize the
construction management services necessary for the Furnish and Install Sports
Field Synthetic Turf project. A task order will be issued separately to
authorize pre-construction services on this project. Once the construction
documents are completed, the CM will publicly bid the construction subcontracts
to establish a GMP. The construction of the facility will be authorized through
a GMP amendment to the contract, which will be presented to the appropriate
approval authority. The preliminary construction cost is estimated to be
$22,000,000. The solicitation for selection of the CM was advertised on April
23, 2023 according to the Equal Business Opportunity (EBO) Ordinance, with
final selection taking place on July 17, 2023. On February 1, 2023, the Goal
Setting Committee established Affirmative Procurement Initiatives (APIs) of a
Small Business Enterprise (SBE) evaluation preference of up to 10 points for
SBE participation plan and 5 points for CM/SBE partnering. LTG Sports Turf One
LLC partnered with M.C.O. Construction and Services, Inc., a Small/
Minority/Woman-owned Business Enterprise (S/M/WBE) firm for services in an
amount not less than 10% of its preconstruction and construction phase fees.
The CM is on notice that all GMP Amendments for construction services issued
pursuant to this contract will be subject to the requirements of the Equal
Business Ordinance, including requesting that an API be set prior to bidding
the subcontracts. LTG Sports Turf One LLC is not a certified SBE but is a local
business. (Capital Improvements Division) Countywide (MWJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to approve: Amendment
002 to Agreement R2021-1367 with the Business Development Board of Palm Beach
County, Inc. (BDB) to revise the scope of services for Fiscal Year 2023/2024. SUMMARY: Amendment 002 will provide for modifications
to the Agreement to revise the scope of services for Fiscal Year 2023/2024 to
include the BDB shall provide development services to companies in economically
distressed communities in Palm Beach County; provide business recruitment for
diverse and emerging industries to maintain a resilient economic base, and
collaborate with the County should the County choose to hold an Economic
Summit. The BDB currently provides
services to economically distressed communities and this inclusion will
formalize this task in the scope of services. The Agreement amount remains at
$7,157,350 over the five (5) year period paid in annual installments of
$1,431,470. The Agreement’s scope of
services is reviewed annually and revised based on changes within the business
community. Countywide (DB)
2. Staff recommends
motion to receive and file: a Loan Agreement in the amount of $1,630,785
in Community Development Block Grant Coronavirus (CDBG-CV) funds with The
Lord’s Place, Inc. SUMMARY: The Loan Agreement with The
Lord’s Place, Inc., provided $1,630,785 in CDBG-CV funds toward the acquisition
and rehabilitation of a one (1) acre parcel of land which includes an existing
single family house and six (6) cottages located at 2865 Melaleuca Drive in
unincorporated West Palm Beach (the “Premises”). The Premises will have an
occupancy restriction to provide housing for adults facing homelessness,
behavioral health conditions, and/or other barriers to stability. The document has been executed on behalf of the Board of
County Commissioners (BCC) by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 5B-1, as
approved by the BCC on May 2, 2023, that delegated authority to the County
Administrator or designee to execute agreements, amendments, and all other
related documents necessary for project implementation. County PPM CW-O-051
provides that all delegated contracts, agreements and grants must be submitted
by the initiating department as a receive and file agenda item. These
are CDBG-CV grant funds that do not require a local match. District 3 (HJF)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
3. Staff recommends
motion to approve: an
Ad Valorem Economic Development Agreement with the Palm Beach County Film and
Television Commission, Inc. (F&TV Commission) in the amount of $75,000 for
the period October 1, 2023 to September 30, 2024. SUMMARY: This
Agreement with the F&TV Commission will fund operational and educational
expenses for the Film & TV Tech Prep Program (Program), which is entering
its 27th year of operation.
The Program was created by Palm Beach County in 1996 as a result of the
Board of County Commissioners’ endorsement at the 1993 Economic Summit to
expand the film and television industry. The objectives of the Program are to:
prepare the high school students for a career pathway; create a future
workforce in the film and television industry; and provide educational,
financial and logistic resources for high school and college students and
teachers through the F&TV Commission. The Program continues to support the
development of the film and television industry in Palm Beach County through an
enhanced strategic plan drafted by educators and industry professionals. This funding will assist in the planning, facilitation
and execution of all aspects in the production of the 2024 Student Showcase of
Films (SSOF), which is the largest film competition and awards ceremony within
the State of Florida. The SSOF honors
Florida high school and college student filmmakers and celebrates the artistic
successes they have achieved in this field. The Agreement Deliverables for
Fiscal Year 2023/2024 are consistent with the previous Fiscal Year 2022/2023
and the F&TV Commission is currently on target to meet the proposed
deliverables for the Fiscal Year 2022/2023.
F&TV Commission received $75,000 in Ad Valorem funds during Fiscal Year
2022/2023. Upon execution of the Agreement the County agrees to provide an
initial advance payment to the F&TV Commission of $37,500 to be used as
cash flow. These are County Ad Valorem funds. Countywide (DB)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
4. Staff recommends
motion to approve: an
Ad Valorem Economic Development Agreement with the Florida Atlantic Research and
Development Authority (FARDA) in the amount of $200,000 for the period October
1, 2023 to September 30, 2024. SUMMARY: This Agreement requires FARDA to
promote the Research Park at Florida Atlantic University (FAU) and Global
Ventures. FARDA was formed in 1985 by Broward and Palm Beach Counties as a
special district whose public purpose includes the development, operation,
management and financing of research and development parks in affiliation with
one or more institutions of higher education. FARDA currently hosts eighteen
(18) companies located in the Research Park at FAU, in addition to sixteen (16)
companies in the Global Ventures incubator, and fifteen (15) virtual member companies.
FARDA will create fifteen (15) internships through
Global Ventures and Research Park at FAU companies, create at least fifteen
(15) new full-time equivalent jobs at the Research Park at FAU, engage a
minimum of twenty-five (25) companies in discussions about locating at the
Research Park at FAU (to include Global Ventures) and represent Global Ventures
and Research Park at FAU in at least two (2) international trade shows
virtually or in person, to promote the Research Park and Global Ventures. The Agreement Deliverables for Fiscal Year
2023/2024 are consistent with the previous Fiscal Year 2022/2023 and FARDA is
currently on target to meet the proposed deliverables for the Fiscal Year
2022/2023. FARDA received $200,000 in Ad Valorem funds during Fiscal Year
2022/2023. These are County Ad Valorem funds. Countywide
(DB)
5. Staff recommends
motion to approve: an
Ad Valorem Agency Agreement with the Florida Atlantic University Board of
Trustees (FAU) in the amount of $50,000 for the period October 1, 2023 to
September 30, 2024. SUMMARY: This Agreement will fund operational
expenses to support the Florida Atlantic University Tech Runway (FAUTR) Program
located at their Palm Beach County Boca Raton and Jupiter campuses. The FAUTR
provides mentoring, education seed grants, and introductions to investors to
aid entrepreneurs and small developing companies that create jobs and provide
internships to FAU students. The Program facilitates venture capitalist
investment in business incubation and acceleration. FAU will also be required to: host at least
two (2) educational seminars for Tech Runway entrepreneurs on FAU Jupiter
campus or greater Jupiter area, provide ten (10) student internships, arrange
two (2) introductory meetings for potential angel investors seeking investment
funds for early-stage ventures, and create at least five (5) new permanent
full-time equivalent jobs in Palm Beach County. The Agreement Deliverables for Fiscal Year
2023/2024 are consistent with the previous Fiscal Year 2022/2023 and FAUTR is
currently on target to meet the proposed deliverables for the Fiscal Year 2022/2023. FAUTR received $50,000 in Ad Valorem funds
during Fiscal Year 2022/2023. These are County Ad Valorem funds. Countywide
(DB)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
6. Staff recommends
motion to approve:
an Engagement Letter for audit services between the Housing Finance Authority
of Palm Beach County, Florida, and Marcum LLP for the Fiscal Years ending
September 30, 2023 and 2024 for a fee of $33,505 and $34,510, respectively. SUMMARY:
The Housing Finance Authority of Palm Beach County, Florida (Authority) was
established by the Board of County Commissioners (BCC) in 1979 in accordance
with Part IV, Chapter 159, Florida Statutes.
Section 2-189 of the Palm Beach County Code of Ordinances requires that
all contracts of the Authority for the purchase of goods and services in excess
of $10,000 shall be approved by the BCC.
The Engagement Letter sets forth the terms under which Marcum LLP will
provide audit services to the Authority for the Fiscal Years ending September 30,
2023 and 2024. Marcum LLP was selected
by the Authority to provide audit services pursuant to a Request for Proposals
process on October 12, 2018 (RFP). The
RFP provided for an initial three (3) year contract term and up to two (2)
successive two (2) year renewals. The
initial three-year and first two-year engagements have been completed. The Engagement Letter was approved by the
Authority on August 11, 2023, subject to BCC approval. Countywide (HJF)
7. Staff recommends
motion to approve:
an Engagement Letter for accounting services between the Housing Finance
Authority of Palm Beach County, Florida, and Weinstein Zugman, LLC, to prepare
general fund financial statements for the Fiscal Year ending September 30, 2023
in an amount not to exceed $16,000. SUMMARY: The Housing Finance
Authority of Palm Beach County, Florida (Authority) was established by the
Board of County Commissioners (BCC) in 1979 in accordance with Part IV, Chapter
159, Florida Statutes. Section 2-189 of
the Palm Beach County Code of Ordinances requires that all contracts of the
Authority for the purchase of goods and services in excess of $10,000 shall be
approved by the BCC. The Engagement
Letter sets forth the terms under which Weinstein Zugman, LLC, will provide
accounting services to the Authority for the Fiscal Year ending September 30,
2023, in an amount not to exceed $16,000.
Weinstein Zugman, LLC was selected by the Authority to provide
accounting services pursuant to a Request for Qualifications due June 6, 2022.
The engagement is for the Fiscal Year Ended September 30, 2023 only and was
approved by the Authority on August 11, 2023, subject to BCC approval. Countywide (HJF)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
8. Staff recommends
motion to approve:
B) a Budget Amendment of $1,109,605 in the Capital Improvements Fund to recognize the transfer from
the Housing and Economic Sustainability Fund and to appropriate those funds.
SUMMARY: On July 11, 2023, the Board of County Commissioners (BCC)
approved an allocation of Community Development Block Grant (CDBG) funds for
capital improvement projects to include $1,109,605 for restoration of water
infrastructure system within the Glades Region, to be implemented by the Palm
Beach County Water Utilities Department (WUD). A Memorandum of Understanding
(MOU) with Palm Beach County Water Utilities Department (WUD), and the Department
of Housing and Economic Development (DHED) require that interdepartmental
budget transfers be established to reimburse WUD for eligible project costs.
The budget transfer and amendment are necessary to appropriate the required
funds. These are CDBG funds and require no local match. District 6 (HJF)
9. Staff recommends
motion to approve:
B) a
Budget Amendment of $860,000
in the Park Improvement Fund to recognize the transfer from the Housing and
Economic Sustainability Fund and to appropriate those funds.
SUMMARY: On July 11, 2023, the Board of County Commissioners (BCC)
approved an allocation of Community Development Block Grant (CDBG) funds for
capital improvement projects to include $860,000 for improvements to the Orange
Bowl Facility at Glades Pioneer Park located in Belle Glade, to be jointly
undertaken by Parks and Recreation (P&R) and Facilities Development and
Operations (FDO). A Memorandum of
Understanding (MOU) with P&R, and the Department of Housing and Economic
Development (DHED) require that interdepartmental budget transfers be
established to reimburse P&R and FDO for eligible project costs. The budget
transfer and amendment are necessary to appropriate the required funds. These
are CDBG funds and require no local match.
District 6 (HJF)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
10. Staff
recommends motion to receive and file: the “HOUSING FOR ALL; A Countywide Housing
Action Plan for Palm Beach County” (Plan) prepared by the Housing Leadership
Council of Palm Beach County (HLC). SUMMARY: The HLC is a non-for-profit organization founded in 2006 by community
and business leaders to address workforce/affordable housing issues. The HLC
led a Countywide effort to study the housing crisis in Palm Beach County and to
develop a Plan to serve as a blueprint to achieve a significant increase in
workforce and affordable housing. The goal of the HLC’s Plan is to produce,
rehabilitate and preserve 20,000 units of workforce and affordable housing by
2032. The Plan focused on four areas of opportunity: Funding &
Financing, Planning & Regulatory Reform, Neighborhood Revitalization &
Community Development, and Racial Equity. County Departments including the
Housing & Economic Development, Planning Zoning & Building, Community
Services and Office of Community Revitalization worked with the HLC to provide
comments and analysis. On April 25, 2023, HLC presented a draft of the Plan to
the Board of County Commissioners (BCC). The BCC requested continued review of
the Plan. The Plan is now in its final
form and staff has reviewed and commented on each action item. Staff comments
which are incorporated in the attached document consider whether the County has
implemented the action, the action is under review and additional discussion is
needed with the BCC or the action is not applicable to the BCC. Countywide
(HJF)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
1. Staff recommends
motion to:
A) approve a “Utility Work by
Highway Contractor Agreement (At Utility Expense)” (UWHCA) with Florida’s
Department of Transportation (FDOT) in the amount of $461,757.28;
B) approve a Three Party Escrow
Agreement between the FDOT, Palm Beach County and the State of Florida
Department of Financial Services Division of Treasury (Escrow Agent);
C) authorize the County Administrator, or designee, to approve
increased utility relocation costs up to a cumulative project cost of $650,000;
and
D) approve a “Utility Work by
Highway Contractor Agreement (At FDOT Expense)” (UWHCA) with FDOT.
Summary: FDOT
is proposing improvements to State Road 806 (Atlantic Avenue) from west of
State Road 7/US 441 to east of Lyons Road. These proposed improvements will
necessitate the relocation of an existing 8-inch water main and an existing
12-inch force main on Atlantic Avenue. In order to include the utility work
within the FDOT road improvement project and to provide FDOT the authorization
to undertake the relocation of the aforementioned facilities, FDOT requires the
County to enter into the UWHCA in the amount of $461,757.28. Inclusion of the
utility relocation work in the FDOT road improvement project will save costs
and ensure that the project is not delayed due to the complexity of the
required work. Due to the location of some of the existing infrastructure, FDOT
will be undertaking that portion of the work at no cost to the County. The
consultant for FDOT will prepare the relocation plan and the construction will
be performed by FDOT’s contractor. In
certain circumstances, the lowest responsive and responsible bid for the
utility work to be undertaken as part of the FDOT project is higher than the
authorized amount of the UWHCA. If the
bid exceeds the official cost estimate by more than 10%, the County is required
to notify FDOT in writing within 10 days if the work will still be performed as
part of the road improvement project or if the utility will elect to have the
utility work removed from the FDOT contract.
Given the complexity of the project, removal of the utility relocation
work would result in project delays, oversight conflicts and additional project
costs. Therefore, staff recommends the Board of County Commissioners (BCC)
authorize the County Administrator or her designee to approve any increase in
utility relocation costs up to a cumulative project cost of $650,000. Any approval of an increase will be brought
back to the BCC as a Receive and File item at the next available meeting.
(PBCWUD Project No. 23-041) District 5 (MWJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
2. Staff recommends
motion to:
A) approve Agreement No. 4600004796 with the South Florida Water Management
District (SFWMD) in the amount of $3,500,000 for the Palm Beach-Broward
Interconnect Phase IA: South Reclaimed Water Transmission and System Extension
(Project); The agreement is effective as of the date of execution by the Board of
County Commissioners (BCC) and ends October 31, 2024;
B) authorize
the County Administrator, or
designee, to execute agreements, amendments, and all other documents necessary
of the grant award that do not
substantially change the scope of work, terms or conditions of the agreement; and
C) approve a $3,500,000 Budget Amendment in the Water Utilities Department Capital Improvement Fund to establish budget for the grant.
Summary: The SFWMD has allotted $41.5
million to assist local governments, public and
private water providers, and other entities with construction and/or
implementation of alternative water supply (AWS) or water conservation through
the Cooperative Funding Grant Program. This Project is a phase of the South County Reclaimed
Water Transmission Extension and will construct approximately 0.4 miles of
30-inch, 2.8 miles of 24-inch and 0.8 miles of 12-inch reclaimed water
transmission pipeline in southern Palm Beach County. This expansion of Palm
Beach County Water Utilities Department’s (PBCWUD) reclaimed water system will
deliver reclaimed water from the interconnection with the Broward County
Pipeline along the Hillsboro Canal and deliver it north towards the Osprey
Point Golf Course, Boca Woods Golf Course, and portions along Lyons Road. The Project is included in the PBCWUD FY23 budget. (PBCWUD
Project No. 18-022) The
$3,500,000 grant requires a $3,500,000 (50%) match which will be funded from a
one-time expenditure from Water Utilities user fees, connection fees and
balance brought forward. The agreement contains indemnification and
liability provisions that differ from that adopted for use by the County under
PPM CW-F-049. In accordance with PPM CW-F-049, Risk Management and the
County Attorney’s Office have reviewed the language and advised the PBCWUD of
the associated risks. Due to business needs and the benefits to be
derived from the Agreement, Risk Management and the County Attorney’s Office
have agreed to allow PBCWUD to move the agreement forward for Board of County
Commissioner approval. District 5 (MWJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
3. Staff recommends
motion to approve: Consultant Services
Authorization (CSA) No. 8 to the Consulting/Professional Services Utility
Hydrogeologic and Water Resources Engineering Services Contract (Contract) with
JLA Geosciences, Inc., (Consultant) for the Mechanical Integrity Testing for a
not to exceed amount of $114,076. Summary: On December 15, 2020, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2020-1893) with Consultant.
CSA No. 8 provides for construction phase services and report
preparation for the mechanical integrity testing of six (6) injection wells.
The Contract with Consultant was procured under the requirements of the Equal
Business Opportunity Ordinance. On October 2, 2019, the Goal Setting Committee
approved an API of a minimum mandatory 20% SBE subcontracting goal and an
evaluation preference for up to 15 points based upon the relative level of
dollar participation by certified SBE firms. The Contract with Consultant
provides for 73% SBE participation, which includes 3% MBE, 3% MBE (A). CSA No. 8 includes 100% SBE participation,
which includes 0% MBE, 0% MBE (A). The cumulative SBE participation, including
CSA No. 8 is 83.04% SBE participation, which includes 7.12% MBE participation,
7.12% MBE (A). Consultant is a Palm Beach County based company. The Project is included in the PBCWUD FY23
budget. (PBCWUD Project No. 22-040) Districts 5 and 6 (MWJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
4. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 9 to the
Contract for Consulting/Professional Services Water Treatment and Water
Resources Engineering Services (Contract) with CDM Smith Inc., (Consultant) for
the Water Treatment Plant (WTP) No. 11 Upgrades (Project) for a not to exceed
amount of $490,586.66. Summary: On November 17, 2020, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2020-1719) with Consultant. CSA No. 9 provides for
professional engineering services to perform a comprehensive analysis of WTP
No. 11. The analysis will determine process improvements, expansion
alternatives and planning level budget estimates. In addition, Consultant will perform a
comprehensive analysis of WTP No. 11 focusing on raw water quality, future
demands, treatment capacity, treatment technology and potential expansion
implementation schedule for the identified improvements at WTP No. 11. This
Contract was procured under the requirements of the Equal Business Opportunity
Ordinance. On September 18, 2019 the Goal Setting Committee applied an
Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small
Business Enterprise (SBE) subcontracting goal and an evaluation preference for
up to 15 points based upon the relative level of dollar participation by
certified African American owned firms. The Contract provides for 21% SBE
participation which includes 19% MBE participation, 19% MBE (B). CSA No. 9
includes 26.28% SBE participation, which includes 13.46% MBE participation,
13.46% MBE (B). The cumulative SBE
participation including CSA No. 9 is 37.41% SBE participation, which includes
37.41% MBE participation, 14.74% MBE (B). Consultant is headquartered in
Boston, Massachusetts, but maintains an office in Palm Beach County from which
the majority of the work will be performed. The
Project is included in the PBCWUD FY23 budget. (PBCWUD Project No.
23-024) District 6 (MWJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to adopt: a Resolution approving a standard form Interlocal Agreement (Agreement)
for law enforcement services within Lake Worth Lagoon during manatee season;
and authorizing the County Administrator or designee to execute the Agreement,
and sign all future time extensions, task assignments, certifications, award
letters, amended award letters and other forms associated with the Agreement,
and any necessary minor amendments that do not substantially change the scope
of work or terms and conditions of the Agreement. Summary: On August 21, 2007, the Board of County Commissioners (BCC) adopted the state mandated
Manatee Protection Plan (MPP) providing for increased law enforcement presence
in the County’s waterways and public education, as a means to provide greater
manatee protection. The Department of
Environmental Resources Management implements the MPP and manages associated
law enforcement agreements. On August 19, 2014, the BCC approved a
Resolution adopting a standard form Interlocal Agreement (R2014-1193) with law
enforcement agencies for manatee protection and public education, and providing
delegated authority for the County Administrator or designee to execute the
standard form Interlocal Agreement. In
2018, the County approved nine five-year Interlocal Agreements with law
enforcement agencies to provide law enforcement services from November 15, 2018
to March 31, 2023, expiring this year. The new Agreement will include updated
County agreement provisions and revisions to the Standard Marine Enforcement
Daily Report form attached as Exhibit C to the Agreement. Each year no more than $150,000 of the MPP
funds will be distributed evenly through award letters to each participating
contractor for law enforcement services.
The County will reimburse all participating contractor(s) for law
enforcement services at a rate of $87.50 per hour. Should the contractor(s) not
be able to provide sufficient law enforcement services to expend the funds set
aside per the award letter, funds may be reallocated to more productive
contractor(s) through amended award letters, but in no event will the total
amount for all contractors exceed $150,000 annually. Districts 1,2,3,4
and 7 (SS)
2. Staff recommends
motion to receive and file: Amendment No. 1 to the Artificial Reef Deployment Area Use Agreement
between Palm Beach County and Martin County (Agreement), in order to extend the
Agreement termination from July 12, 2023 to July 12, 2028. Summary: On May 18, 2021, the Board
of County Commissioners approved the Agreement (R2021-0694) and authorized the
County Administrator, or designee, to sign all future time extensions, task
assignments, certifications and other forms associated with this Agreement, and
any necessary minor amendments that do not significantly change the scope of
work or terms and conditions of this Agreement. Amendment No. 1 will extend the
termination date to allow Palm Beach County five additional years to utilize
the artificial reef deployment area. In accordance with County PPM CW-O-051,
all delegated contracts, agreements, and grants must be submitted by the
initiating Department as a receive and file agenda item. There is no cost to the County. Districts 1, 2, 4, & 7 (SS)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
3. Staff recommends motion to receive and file: Task Assignment No. 7, to the State of Florida, Department of Environmental Protection (FDEP) Contract No. GC913 (R2017-0838) (Contract), providing for routine compliance inspections at 623 petroleum storage tank facilities within Palm Beach, Martin, and St. Lucie Counties, and funding in the amount of $603,870, with a performance period of July 1, 2023, through June 30, 2024. Summary: Petroleum storage tank compliance services, under a series of contracts with FDEP have been in effect since 1988. On June 20, 2017, the Board of County Commissioners approved the Contract with FDEP. Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with this Contract was approved at that time. In accordance with PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating department as a receive and file agenda item. There is no cost to the County. Countywide (SS)
4. Staff recommends motion to receive and file: Amendment No.1 (Amendment) to Florida Department of Environmental Protection (FDEP) Project Agreement Number LPA0238 (Agreement), for the Sawfish Island Restoration Project (Project), to extend the Project completion date from March 31, 2023 to March 31, 2025. Summary: On October 19, 2021, the Board of County Commissioners (BCC) approved the Agreement (R2021-1542) with FDEP. Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with this Contract was approved at that time. This Amendment extends the Project completion date to allow for more time for the contractor to complete the Project. In accordance with PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating department as a receive and file agenda item. There is no cost to the County. District 1 (SF)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
5. Staff recommends
motion to receive and file: Project Agreement Amendment (Amendment) to Florida Inland Navigation
District (FIND) Project Agreement PB-20-211 (Agreement), for the Sawfish Island
Restoration Project (Project), to revise the project cost estimate. Summary:
On May 5, 2020 (R2020-0474), the Board of County Commissioners (BCC)
authorized the County Administrator, or designee, to execute the FIND Waterways
Assistance Program (WAP) Grant Project Agreement for the Project. Delegated
authority to sign all future time extensions, tasks assignments,
certifications, and other forms associated with the Agreement, and any
necessary minor amendments that do not substantially change the scope of work, terms,
or conditions of the Agreement was also approved at that time. The Agreement
was executed on November 30, 2020, with FIND awarding the County $701,700 to
cover a portion of the Project estimated at $1,451,295. The Agreement was
amended on August 11, 2022 to extend the Project completion date. This Amendment revises the Project Cost Estimate to
$1,361,420 and the FIND WAP to $680,710. Total Project costs were slightly
lower with changes in the quantities needed for several Project elements thus
reducing Project costs and 50% FIND match. In accordance with County PPM
CW-O-051, all delegated contracts, agreements, and grants must be submitted by
the initiating Department as a receive and file agenda item. There is no cost to the County. District 1 (SS)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to:
A)
ratify the signature of
the Mayor on an Urban & Community Forestry (UCF) Program grant application
submitted to the U.S. Department of Agriculture (USDA) on May 30, 2023,
requesting $2M to fund 50% invasive exotic vegetation removal and planting
native trees which will begin upon grant contract execution and end after five
(5) years;
B) authorize the County Administrator or designee to execute the
forthcoming grant project agreement and all future time extensions, task
assignments, certifications, and other forms associated with the forthcoming
grant agreement and any necessary minor amendments that do not substantially
change the scope of work, or conditions of the forthcoming grant agreement, if
funding is awarded; and
C) authorize the Director
of the Parks and Recreation Department to serve as designee and liaison agent
for this project.
Summary: The Parks and
Recreation Department applied for a USDA, UCF grant to fund removal of invasive
exotic vegetation from Palm Beach County Parks and plant trees to increase tree
canopy to reduce extreme heat, mitigate stormwater flooding, and reduce utility
costs. The grant request is for $2M and requires a $2M (50%) match of current Park
and Recreation Department staff costs. To meet the grant application deadline, the emergency signature process
was utilized because there was insufficient time to submit this application
through the regular agenda process. Mayor Weiss approved the authorization of
the County Administrator or designee to act as an Authorized Organization
Representative and to sign the grant application on behalf of the Board of
County Commissioners (BCC) as authorized by Palm Beach County Administrative
Code, Section 309.00. The code requires the grant application be presented to
the BCC for approval at the next available meeting after signature by the Mayor.
Due to grant-related items requiring timely execution by the County; staff is
requesting BCC approval for the County Administrator or designee to approve
grant documents and for the Parks and Recreation Director to act as the Liaison
Agent for this project, if this grant is approved by USDA. Countywide (AH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
2. Staff recommends
motion to receive and file: a fully executed Florida Fish and Wildlife
Conservation Commission (FFWCC) Florida Boating Improvement Program Grant
Amendment 1 to Agreement No.19031 for the redevelopment of the John Prince
Memorial Park boat ramps modifying the scope of work to adjust for the length
of the staging docks from 80 foot to 70 foot. The FFWCC grant amount awarded for
this project was $150,000. Summary:
On May 7, 2019, the Board of County Commissioners (BCC) authorized submission
of a Florida Boating Improvement Program (FBIP) Grant application, R-2019-0642,
to fund a portion of the construction costs associated with the redevelopment
of the John Prince Memorial Park boat ramps. The BCC also authorized the County
Administrator or designee to execute the Grant Agreement and other grant forms
related to this project if the grant was approved. The grant was approved, executed by the
Director of the Parks and Recreation Department and submitted to the BCC on
February 2, 2021 to receive and file (R-2021-0193). The construction project
has been completed and the scope of work has been modified from requiring three
(3) new ADA wheelchair compliant 80 foot staging docks to three (3) new ADA
wheelchair compliant 70 foot staging docks. The grant also requires demolition
of the existing staging ramps and construction of new ramps; this work has been
completed. The Grant Amendment was executed by the Director of Parks and
Recreation in accordance with BCC authorization. District 3 (AH)
3. Staff recommends
motion to approve:
A) an amendment
to the Infrastructure Surtax (IST) Project Plan approved by the Board of County
Commissioners (BCC) on April 4, 2017, later revised on January 4, 2022; and
B) a budget transfer of $116,190 within the IST Fund
from IST Departmental Reserves to South Bay RV Campground Electrical Upgrade
Project.
Summary: On April 4, 2017,
the BCC adopted a project plan to implement the IST funded projects and
included an allocation of $216,000 towards the electrical upgrade of the South
Bay RV Campground. The purpose of this transfer is to cover the budget
shortfall for the construction costs to replace the outdated 72 campsite power
supply to meet current industry standards. Funds are available in the Parks
Department IST Reserve to make up the $116,190 difference. The Infrastructure
Sales Tax Independent Citizen Oversight Committee reviewed this request at
their August 17, 2023 meeting, and approved it unanimously. This project
is funded through the infrastructure sales tax. District 6 (AH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
4. Staff recommends
motion to receive and file: an executed Tee
Time Advertising and Sales Agreement between Palm Beach County and CanAm Golf
Ventures, LLC, in an amount not to exceed $40,000 for the period August 1, 2023
through July 31, 2024. Summary: This Tee Time Advertising and Sales
Agreement has been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of Parks and Recreation in accordance with
Resolution 2013-1607. This Agreement
helps to sell tee times at non-peak times that would otherwise not be sold. CanAm Golf Ventures, LLC receives a commission
fee ranging from 9%-14% (amount varies depending on the Golf Course) of the tee
time sold. The Department is now submitting this Agreement in accordance with
County PPM CW-O-051, which requires all delegated agreements to be submitted by
the initiating Department as a Receive and File agenda item. Countywide (AH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) receive and file three grant awards from the Florida Department of Law Enforcement (FDLE), Edward Byrne Memorial Justice Assistance Formula Federal Fiscal Year (FY) 21 (County FY22) Grant (JAG) in the amount of $241,722 beginning October 1, 2021 through September 30, 2023 to fund:
- The Palm Beach County Reentry Program (Gulfstream Goodwill Industries, Inc.) for $24,107 (award number FDLE 8C152);
- The Palm Beach County Reentry Program (The Lord’s Place) for $56,451 (award from FDLE 8C169); and
- The Palm Beach County Reentry Program (City of Riviera Beach) for $161,164 (award from FDLE 8C170);
B) approve a
budget amendment of $1,494 in the Criminal Justice Grant Fund to adjust the
budget to the actual grant award;
C) approve a
budget amendment of $1,494 in the Justice Service Grant Fund to recognize the
transfer from the Criminal Justice Grant Fund;
D) approve a budget transfer of $62,981 in the Crime Prevention Trust Fund to the General Fund to provide funds for the Florida Atlantic University (FAU) evaluation of the Delray Beach Police Department’s Community Outreach Project; and
E) approve a budget amendment of $62,981 in the General Fund to recognize the transfer from the Crime Prevention Trust Fund and establish the budget.
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (cont’d.)
1. Summary:
On February 7, 2023, the Board ratified the Mayor’s signature on four FDLE
JAG grant applications (R2023-0196 thru 0198) for a total of $304,703 (CFDA#
16.738). Due to delays with FDLE, grants are awarded after the start of the
grant period (grant period start date is October 1, 2021). The three applications for the Countywide
Reentry Program have been awarded. The
awards were executed on behalf of the Board by the Executive Director of the
Criminal Justice Commission, in accordance with R2023-0196 thru 0198. The fourth
application for the evaluation of the Delray Beach Police Department’s
Community Outreach Program for $62,981 has been further delayed and not yet awarded.
On February 7, 2023, an Interlocal
Agreement with FAU (R2023-0199) was approved to perform the evaluation of the
Delray Beach Police Department’s Community Outreach Program. It was noted that in the event FDLE did not
approve the grant application, funding would be provided from the Crime
Prevention Trust Fund. The transfer from
the Crime Prevention Trust Fund establishes the budget needed to process
payment to FAU for FY23. Funding for FAU
for FY24-25 will be requested from FDLE and if not approved, provided from the
Crime Prevention Trust Fund. No County match is required. Countywide (HH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: Memorandum of Agreement (MOA) with the
Children’s Services Council of Palm Beach County (CSC) providing funding of up
to $100,000 per year for the Drowning Prevention Coalition for a period of two
(2) years, commencing on October 1, 2023 through September 30, 2025. Summary: The
MOA provides $100,000 of funding, per year, from CSC for FY2024 and FY2025 for
the Drowning Prevention Coalition program (DPC), managed by Palm Beach County
Fire Rescue. The MOA allocates $50,000 of the funds, per year, to DPC expenses
and the remaining $50,000 to fund vouchers for swimming lessons for children
between the ages of 2 and 12. The vouchers are redeemed by the public at
designated aquatic facilities within Palm Beach County. The DPC is funded with
a transfer from the general fund and this CSC funding will defray some costs
associated with the program. Countywide (RM)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(cont’d.)
2. Staff recommends
motion to receive and file: fully
executed standard agreements for swimming lessons from October 1, 2023 through
September 30, 2026 with:
A)
Young
Men’s Christian Association of South Palm Beach County, Inc.,
B)
Young
Men’s Christian Association of the Palm Beaches, Inc.,
C)
Swim
with Gills, LLC,
D)
Small
Fish Big Fish Swim School, LLC,
E)
City
of West Palm Beach,
F)
City
of Palm Beach Gardens, and
G)
City
of Delray Beach,
Summary: On May 3, 2022, the Board of County
Commissioners adopted Resolution Number R2022-0450 authorizing the County
Administrator, or designee, to execute standard agreements with municipalities
and independent contractors to provide swimming lessons to members of the
public through the Palm Beach County Drowning Prevention Coalition’s Learn to
Swim Program. The County Administrator has designated the Fire Rescue
Administrator to execute these standard agreements. Pursuant to Countywide PPM
CW-O-051 these seven (7) standard agreements are being submitted to receive and
file. Countywide (RM)
3. Staff recommends
motion to approve: the
write-off of uncollectible emergency transport patient accounts to remove these
amounts from the County’s general ledger for the following period October 1,
2018 through September 30, 2019 (FY 2019) in the amount of $13,075,365.90. Summary: In December 1994,
the Board authorized Fire Rescue to transport critically ill/injured patients
and bill for those services. The County contracts with a private company for
these billings and collections services. The County receives payment from a
number of sources, including commercial insurance, Medicare, Medicaid, and
private individuals. During the period October 1, 2018 to September 30, 2019,
Fire Rescue generated $53,757,189.71 in gross transport billings and collected
(to-date) $24,978,646.05. After adjustments of $15,703,177.76, required under
the guidelines of the Medicare/Medicaid programs, the balance of $13,075,365.90
is currently deemed to be uncollectible. This balance is primarily due to
partial payments, insurance denial based on medical necessity, the inability to
obtain accurate patient and/or insurance information, and patients without
medical coverage or high deductibles. Staff recommends the amount deemed
uncollectible be written-off the County’s general ledger. Countywide (SB)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(cont’d.)
4. Staff recommends
motion to receive and file:
2023 Amendment No. 2 to Emergency Triage, Treat and Transport (ET3) Model
Participation Agreement (R2020-1832) with the Center for Medicare &
Medicaid Services (CMS) to end the ET3 Model’s Performance Period on December
31, 2023. Summary: CMS implemented the ET3 Model under Section
1115A of the Social Security Act, which authorizes CMS to test innovation
payment and service delivery models that have the potential to reduce Medicare,
Medicaid or Children’s Health Insurance Program expenditures while maintaining
or improving the quality of care for their beneficiaries. The Participation
Agreement provides that CMS may unilaterally amend the Participation Agreement
for good cause or as necessary to comply with applicable laws, regulatory
requirements, accreditation standards or licensing guidelines or rules. The
Fire Rescue Department received the attached Amendment No. 2 modifying the
Model Performance Period to end two (2) years prior to the Agreement’s original
Performance Period. This Amendment No. 2 is now being submitted to the Board to
receive and file. Countywide (SB)
5. Staff recommends
motion to approve: One (1) appointment to the Fire Code
Board of Appeals and Adjustments beginning September 19, 2023 through September
30, 2026.
Nominee Category Seat No. Nominated By
Michael Crawford Fire Sprinkler Contractor 5
Mayor
Weiss
Commissioner
Marino
Summary: The Fire
Code Board of Appeals and Adjustments is maintained in accordance with the Palm
Beach County Local Amendments to the Florida Fire Prevention Code (Section
12-57, Palm Beach County Code). On August 1, 2023 a memo was distributed to the
Commissioners requesting nominations to this eight (8) - member board
(At-Large). This board is appointed by the Board of County Commissioners and
members serve no more than three (3) consecutive three (3) year terms. No other nominations were received. The Board consists of eight (8) members. Upon
approval of this item, four (4) seats will be filled with a diversity count of
Caucasian: 4 (100%), and a gender ratio (male: female) of 4:0. The candidate
nominated for reappointment is a Caucasian male. Staff will continue to address
the need to increase diversity on our boards. Countywide (RM)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(cont’d.)
6. Staff recommends
motion to:
A) ratify a First Amendment to Letter
of Understanding (LOU) dated November 15, 2022 (R2022-1404) with the Treasure
Coast Health Council, Inc., dba Health Council of Southeast Florida, increasing
the contract amount by an additional $25,000 for a total of $425,000; and
extending the amount of days the County has to submit the final invoice; and
B) approve a Budget Amendment of $25,000 within the Fire/Rescue MSTU Fund to recognize
the additional funds.
Summary: The Treasure Coast Health Council, Inc., dba Health Council of Southeast Florida, is administering the CDC Overdose Data to Action (OD2A) cooperative agreement awarded to the Florida Department of Health Palm Beach County. Under the LOU, Palm Beach County Fire Rescue has been receiving funding for an existing unfunded 20 hour week on-call social worker, expanded hours for existing Community Paramedics, telehealth and field based intervention to support opioid-related prevention components of the OD2A cooperative agreement on a cost reimbursement basis up to $400,000, with no County match required. This amendment will increase that amount to $425,000. Fire Rescue was only recently made aware of the additional available funding, and the amendment of the LOU and the expenditure of the funds must be completed before the ending date of services on August 31, 2023. Therefore, the Mayor signed the amendment prior to full Board approval, pursuant to the emergency grant process set forth in Section 309.00 of the Palm Beach County Administrative Code. Countywide (SB)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
T. HEALTH DEPARTMENT
1. Staff recommends
motion to: the re- appointment of (2) members to the Child Care Advisory Council to
fill the positions listed below.
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Summary: The Child Care Advisory Council is
comprised of seven members who serve at the pleasure of the Board of County
Commissioners. Members must consist of
two members who represent and operate private child care facilities in Palm
Beach County, one of whom operates a family day care home or large family child
care home; one member who represents and operates a parochial child care
facility in Palm Beach County; one consumer protection enforcement official;
one member for fire protection, engineering or technology; and one member who,
at the time of appointment, was the parent of a child attending a child care
facility in Palm Beach County; and one representative from the Florida
Department of Children and Families. The
applicant for appointment to Seat 3, Sandra Wilensky, is the Director and
operator of Torah. The applicant for appointment to
Seat 4, Claudette Rifenberg, is a manager with the Consumer Protection
Enforcement with 18 years of experience in serving. She was appointed to the Council on October
1, 2021, to complete the term of a predecessor.
She is recommended for appointment to her first full term of
service. The diversity count for the
six seats currently filled is Caucasian: 3 (50.0%), African American: 2
(33.3%), and Hispanic American: 1 (16.7%).
The gender ratio (female: male) is 6:0. The nominee for Seat 2 is an African
American female and the nominee for Seat 7 is a Caucasian female. Staff
continues to address the need for increased diversity within our boards and
will continue to encourage expansion of this Council’s diversity. Countywide
(HH).
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A)
approve the AT&T On-Premises Cellular Network Agreement for the installation
of an on-premises cellular network solution in the Vista Center building
located at 2300 North Jog Rd at no cost to the County; and
B)
authorize delegated authority to the County Administrator or designee to execute
future site additions as needed at no cost to the County.
Summary: In order to improve cellular coverage within County facilities the
carrier must provide permission and equipment to connect to the distributed
antenna system built by Information Systems Services (ISS). Approval of the
AT&T On-Premises Cellular Network Agreement will allow installation of
AT&T owned equipment at the Vista Center building located at 2300 North Jog
Rd at no cost to the County for the purpose of enhancing the radio frequency
signal for users of AT&T Mobile Services.
Delegated authority is being sought for efficiency, to allow for the
extension of services to additional locations, also at no cost to the County.
Countywide (DB)
X. PUBLIC SAFETY
1. Staff
recommends motion to approve: Interlocal Agreement
with the School Board of
Palm Beach County, Florida
(SBPBC) for acceptance of grant funds collected between October 1, 2023 through
September 30, 2024 under the Driver Education Safety Trust Fund (DESTF) and
spent by the SBPBC through March 31, 2025.
Summary:
Pursuant to the Dori Slosberg Driver Education Safety Act (Section 318.1215,
Florida Statutes), the Palm Beach County Clerk of the Circuit Court and
Comptroller shall collect an additional $5.00 with each civil traffic penalty
levied in Palm Beach County to be used for driver education programs.
Section 10-9 of the Palm Beach County Code provides for the collection of $5.00
to fund a DESTF Program, which includes the creation of a DESTF and how these
funds will be disbursed to public and non-public schools annually. In
order to receive funding from the DESTF, public and non-public schools must
apply and receive grant approval each year. On May 2, 2023 (R2023-0612), the
Board of County Commissioners approved an agreement with SBPBC to grant
disbursements from the DESTF to be used for their driver education safety
programs. Annual disbursements fluctuate
each year based on the funds collected from the civil traffic penalties. FY 2023 disbursement of funds included
approximately $542,724 to the SBPBC. This Interlocal Agreement will continue to
allow the County to grant disbursements from the DESTF to the SBPBC for their
driver education safety program. Countywide
(MJ)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
2. Staff
recommends motion to approve: Reappointment of two (2) nominees to the
Consumer Affairs Hearing Board (CAHB) for the term of October 1, 2023 to
September 30, 2026 as follows:
Seat |
Reappointment |
Seat
Requirement |
Nominated
by |
1 |
Steven Goldberg |
Attorney |
Mayor Weiss Commissioner Marino Commissioner Bernard |
7 |
Courtney Shippey |
Resident |
Mayor Weiss Commissioner Marino Commissioner Bernard |
Summary: The
Consumer Affairs Ordinance was approved by the Board of County Commissioners
(BCC) on December 17, 2013, and codified in Chapter 9, Article I of the Palm
Beach County Code. The Consumer Affairs Ordinance established a seven (7) member
CAHB. The CAHB serves both as an advisory capacity to the BCC and as an Appeals
Hearing Board to hear and act on appeals relating to the towing and
immobilization, vehicle for hire, moving, home caregiver, adult entertainer,
water taxi, and consumer affairs ordinances. Members are at-large appointments
selected from various businesses, professions and the general public. Member
terms are for three years with a limit of three consecutive terms expiring
September 30th. These nominees are
reappointments for a term of October 1, 2023 – September 30, 2026. A memo was
sent to the BCC on July 17, 2023 seeking nominations for seat 1, a FL licensed
attorney, and seat 7, an at-large member.
The CAHB has a maximum of seven (7) members. With the reappointment of these nominees, the
CAHB will have six (6) seats filled. The CAHB will have a diversity count as
follows: Caucasian: 4 (66%), Asian: 1 (17%), and African American: 1
(17%). The gender ratio (male: female)
will be 6:0. Countywide (RS)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
3. Staff recommends
motion to:
A)
receive and file a
State-funded Grant Agreement (A0388) for FY2023-24 in the amount of $105,806
for the Emergency Management Preparedness and Assistance (EMPA) Grant with the
State of Florida, Division of Emergency Management (FDEM) to receive grant
funding for the period of July 1, 2023 through June 30, 2024, 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 $79,354 in the EMPA Fund to adjust the budget to the
actual award of $105,806.
Summary: The EMPA grant (CSFA #31.063) is
a state funded grant that recurs annually. This 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 this agreement on
behalf of the Board of County Commissioners, that do not substantially change the scope
of work, terms or conditions of the agreement. The
EMPA grant requires a match at the amount either equal
to the average of the previous three years’ level of county general revenue
funding for the Division of Emergency Management (DEM) budget or the level of
funding for the DEM budget for the last fiscal year, whichever is lower. Countywide (DB)
4. Staff recommends motion to receive and file: an extension to Memorandum of Agreement (MOA) with the City of Miami (R2022-1379) for the Urban Area Security Initiative (UASI) GY 2021 agreement #R0521 in the amount of $465,726 extending the grant period through December 30, 2023 in order to complete emergency management equipment purchases and planning projects totaling $465,726. Summary: The City of Miami offered an extension on the original MOA, which expired June 30, 2023, allowing additional time to spend the funds efficiently. The original MOA (CFDA # 97.067) provides a means of funding various domestic security activities within the County using Federal UASI funds through the City of Miami as the UASI’s fiscal agent. Additional time is necessary due to supply chain delivery dates with technology and generator procurement. The incomplete projects included awards to upgrade EOC technology, purchase a generator, and provide regional CERT training and exercise. R2013-0622 gave authority to the County Administrator, or designee, to execute this agreement on behalf of the Board of County Commissioners. No County matching funds are required. Countywide (DB)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
5. Staff recommends
motion to approve: the
delegation of authority to the County
Administrator or designee to sign the Participation Request Form for the
Florida Recovery Obligation Calculation (F-ROC) Program and all future
documents necessary for continued membership in the F-ROC Program. Summary: The
F-ROC program is an initiative, sponsored by the Florida Division of Emergency
Management (FDEM), which assist Public Assistance Applicants in identifying
risk in their organization and develops a clean action plan that will abate
those risks, while standardizing and streamlining the Public Assistance
Process. F-ROC is a voluntary program
developed to help Public Assistance Applicants leverage technology, improve
processes and ensure that recovery dollars are flowing to affected communities
as quickly as possible with the least amount of financial risk. The Participation Request Form was just
received from FDEM and must be submitted by September 30, 2023 therefore,
delegated authority to the County Administrator is needed in order to submit
the form on time. No County funds are required for participation in the F-ROC program.
Countywide (DB)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to approve: three
(3) Community Based Agency Contracts with the following agencies, for the
period, starting October 1, 2023 through September 30, 2026, in an amount not
to exceed $545,000 annually, totaling $1,635,000 over a three (3) year period
as follows:
A) For the Children Inc. in an amount not to exceed $185,000 annually, for a
total contract amount of $555,000 for the Lake Worth Beach Youth Empowerment
Center program;
B) City of Riviera Beach in an amount not to exceed $180,000 annually, for a
total contract amount of $540,000 for the Youth Empowerment Center program; and
C) Student Aces, Inc. in an amount not to exceed $180,000 annually, for a
total contract amount of $540,000 for the Belle Glade Youth Empowerment Center
program.
Summary: The Contracts authorize continued funding to
support Youth Empowerment Centers (YECs) in Belle Glade, Riviera Beach, and
Lake Worth Beach. YECs are a key component of the Youth Violence Prevention
project approved and budgeted for by the Board of County Commissioners (BCC).
In addition, the YECs provide summer employment/internship opportunities for
some teens in their programs. For the Children, Inc. and Student ACES, Inc. are
non-profit organizations contracted to operate the Lake Worth Beach and Belle
Glade Youth Empowerment Centers, respectively. The following chart shows the
projected and actual outcomes for each agency from FY2022.
Agency |
YEC Programming Project # Youth |
YEC Programming Actual # Youth Served |
Summer Internships Projected/Actual |
For the Children City of Riviera Beach Student Aces |
90 100 60 |
97 91 64 |
10/10 17/17 6/6 |
Each YEC program anticipates to continue to serve the same number of
youth as the current contracts. The
cities provide in-kind support and supplemental funding for these programs. After completion of each contract year, a report
will be generated detailing each agency’s progress in meeting their performance
measurements. Districts 1, 3, 6 & 7 (HH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
(cont’d.)
2. Staff recommends
motion to receive and file: an Agency Affiliation Agreement (Agreement) with Nova Southeastern
University, Inc. (University) for the term August 24, 2023, through August 23,
2024, with three (3) automatic one-year renewal options, for its students to
complete planned and supervised clinical experiences required for a Master’s or
Doctoral degree, at various Youth Services Department facilities, with no
additional cost to the County. Summary: The Youth Services
Department’s Residential Treatment and Family Counseling Division continues to
be an authorized counselor training facility for many state colleges and
universities offering degrees in graduate programs of psychology, social work
or other related fields of educational study. Master’s/Doctoral Degree programs
require field education experience in order to meet degree and licensing
requirements. The County will continue to offer its services and programs as a
means for the students to obtain the necessary training and experience to earn
their respective degree. There are no costs associated with this Agreement. On
September 22, 2015, Agenda Item 3BB-2 authorized the County Administrator, or
designee, to execute future Agreements, or amendments with the University, for
clinical experiences on behalf of the Board of County Commissioners. Countywide
(HH)
3. Staff recommends
motion to approve: a Community Based Agency Contract with Prime
Time Palm Beach County, Inc., (Prime Time) for the period October 1, 2023
through September 30, 2026, in an amount not to exceed $280,710 annually for a
total contract amount of $842,130 over a three (3) year period, to provide
Quality Improvement Professional Development Expanded Learning Opportunities
and other supports to out-of-school programs for middle and high school
students in Palm Beach County. Summary: This Contract will enable
Prime Time to continue to provide services to practitioners and youth at 15
sites throughout the County. This will include additional learning and enhanced
professional development to practitioners through the ACHIEVE Out-of-School
Time (OST), a tiered incentive award program that rewards practitioners for
participating in trainings and earning certificates and degrees, with an
emphasis in best practices in youth development. In FY2022, Prime Time
Providers of Expanded Learning Opportunities (ELO Providers) served 2,336
youth. In FY2021, ELO Providers served 530 youth, and in FY2020, they served
434 youth. Covid 19 impacted the numbers
served in FY2020 and FY2021. In FYs 2023
– 2026, ELO Providers anticipate providing 2,500 youth experiences annually. After completion of each contract year, a report will be
generated detailing Prime Time’s progress in meeting their performance
measurements. Countywide
(HH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
(cont’d.)
4. Staff recommends
motion to approve:
A) a Contract for Provision of Services (Contract) with Friends of Youth
Services and Palm Beach County, Inc. (Friends), for the period October 1, 2023,
through September 30, 2024, with four (4) automatic annual renewals at the
County’s sole discretion, pertaining to the funding and administrative support
of the Summer Camp Scholarship Program, providing for $443,326 in scholarship
funding and $15,700 in administrative expenses, for a total of $459,026
annually, and providing for office space at 50 S. Military Trail, Suite 203,
Youth Services Department (YSD), for use by Friends as needed for file storage
and meetings; and
B) a Budget Transfer of $700 in the General Fund from the
Administration unit (Unit 1501) to the Summer Camp Scholarship Program unit
(Unit 2514) to fund the additional administrative expense associated with the
Contract for year one.
Summary: This Contract outlines the working partnership between the County and
Friends for the annual funding administration service responsibilities of the
Youth Services Department’s (YSD) Summer Camp Scholarship Program (SCSP). The SCSP pays full tuition and associated
fees for eligible children to attend day camp during the summer months. Friends receives advance payments from other
funding sources prior to the SCSP start date.
As an exception to Palm Beach County Administrative Code Rule 305.02 and
County policy, approval of this Contract will allow the County to also provide annual advance payments to Friends, establishing the
necessary funding source for Friends to pay County approved SCSP provider
claims from County funds. Without this
advance payment, Friends must make payments on the County’s behalf using other
funding sources whose eligibility criteria differs from the County. No SCSP provider claims are paid from this
advance payment without prior approval of the County and any unspent funds at
the end of each program year must be returned to the County by Friends. Scholarships awarded to Palm Beach County
youths to attend summer camps were: FY2023 - 4,567; FY2022 - 4,043; FY2021 -
3,675 and FY2020 - 3,586. County funds ($459,026 annually) are leveraged with
Children’s Services Council of Palm Beach County funds (over $3 million
annually since FY2020) to fund these scholarships. Countywide (HH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to: A) receive and file: Grant
Modification #3 to the FY21 State Homeland Security Subgrant Agreement with the
State of Florida, Division of Emergency Management, to extend the grant period
through June 30, 2024. Summary: On March 22, 2022, the Board of County Commissioners (BCC) accepted a
grant award from the State of Florida, Division of Emergency Management
in the amount of $763,240 for the period of January 18, 2022 through March 31,
2023 to support various domestic security initiatives (R2022-0254). On December 6, 2022, the BCC accepted grant
modification #1 which provided supplemental funds in the amount of $462,317 to
support a statewide law enforcement data sharing system administered by the
Florida Department of Law Enforcement, for a total grant award of $1,225,557
(R2022-1475). On June 6, 2023, the BCC
accepted grant modification #2 which extended the grant period through
September 30, 2023 (R2023-0751). Modification #3 will extend the grant period
through June 30, 2024 to allow more time to complete our domestic security
initiatives. There is no match associated with this award. The Catalog of Federal Domestic Assistance
(CFDA) Number for this program is 97.067 and the contract number is R0515. Countywide (RS)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a Financial Assistance Agreement for the FY2023-24 Drone Replacement
Program between the Florida
Department of Law Enforcement and the Palm Beach County Sheriff’s Office for
the period of July 1, 2023 through June 30, 2024; and
B) approve
a Budget Amendment of $257,387 in the Sheriff’s Grant Fund.
Summary: The Florida
Legislature amended Section 934.50 which requires local governments using any
non-compliant drones to relinquish them to the Florida Department of Law Enforcement
(FDLE) and replace them with a drone from an approved manufacturer. The
Legislature authorized funding through FDLE to reimburse local governments
based on the depreciated value of the non-compliant drones. Thus, the Palm Beach County Sheriff’s Office
was awarded $257,386.90 to offset the cost of the purchase of new compliant
drones. The grant period is from July 1,
2023 through June 30, 2024. There is no match requirement associated with this award. The
Catalog of State Financial Assistance (CSFA) number is 71.092 and the agreement
number is 3X010. Countywide (RS)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
3. Staff recommends
motion to: receive and file Modification
#4 to Subgrant
Agreement between the Florida Division of
Emergency Management and the Palm Beach County Sheriff’s Office, to extend the grant period through June 30,
2024. Summary: The Board of County Commissioners (BCC) accepted
the FY20 State Homeland Security Grant Program (SHSGP) award for $1,103,100 on
February 2, 2021 (R2021-0205). On March
22, 2022, the BCC received and filed modification #1 to extend the grant period
through September 30, 2022 (R2022-0256).
On October 4, 2022, the BCC received and filed modification #2 to extend
the grant period through March 31, 2023 (R-2022-1164). On June 6, 2023, the BCC received and filed
modification #3 to extend the grant period through September 30, 2023
(R2023-0752). Modification #4 will extend the grant period through June 30,
2024 to allow more time to complete our domestic security initiatives. There
is no match associated with this award. The
Catalog of Federal Domestic Assistance (CFDA) Number for this
program is 97.067 and the contract number is R0286. Countywide (RS)
4. Staff recommends
motion to: receive and file a
Modification #1 to the FY20 Prosecuting Cold Cases using DNA grant award
agreement between the Department of Justice, Office of Justice Programs and the
Palm Beach County Sheriff’s Office to extend the grant period from September
30, 2023 through September 30, 2024.Summary: The Board of County Commissioners (BOCC) accepted this grant for
$470,000 on February 2, 2021 (R2021-0204). This agenda item will extend the
grant period from September 30, 2023 through September 30, 2024. The Department of Justice Office
of Justice Programs Catalog of Federal Domestic Assistance (CFDA)
Number for this program is 16.036 and the contract number is 2020-DN-BX-0155. Countywide (RS)
5. Staff recommends
motion to: receive and file a
Modification #1 to the FY20 Crime Gun Intelligence Center grant award agreement
between the Department of Justice, Office of Justice Programs and the Palm
Beach County Sheriff’s Office to extend the grant period from September 30,
2023 through March 31, 2024. Summary: The Board of County Commissioners (BOCC)
accepted this grant for $700,000 on February 2, 2021 (R2021-0206). This agenda
item will extend the grant period from September 30, 2023 through March 31,
2024. The Department
of Justice Office of Justice Programs Catalog of Federal Domestic Assistance (CFDA)
Number for this program is 16.738 and the contract number is 2020-DG-BX-0012. Countywide (RS)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
6. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Letter of Agreement and Contract 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”),
for the Palm Beach County Sheriff’s Office’s High Visibility Enforcement
Project in the amount of $86,196.06 for the period of August 21, 2023 through
May 10, 2024; and
B) approve
a Budget Amendment of $86,197 in the Sheriff’s Grants Fund.
Summary: On August 1, 2023,
the University of North Florida
Training and Services Institute, Inc., d/b/a Institute of Police Technology and
Management (“IPTM”), awarded a High
Visibility Enforcement (HVE) grant to the Palm Beach County Sheriff’s Office
(PBSO) in the amount of $86,196.06 to support the Florida Department of
Transportation’s Bicycle Pedestrian Focused Initiative. These funds will be used to pay
for overtime costs associated with the HVE project. There is no match
requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA) number is 20.205, the
project number is 433144-1-8404, and the FDOT Contract number is G2M61.
Countywide (RS)
DD. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve: First Amendment to
the Agreement (R2022-1024) with Discover Palm Beach County, Inc., (DISCOVER)
for the provision of services under the County’s Tourist Development Plan for a
total amount of $34,042,978 during the period of October 1, 2023, through
September 30, 2024. Summary: The First Amendment (Amendment)
better defines the marketing plan content, the role DISCOVER plays in product
development, deletes obsolete references to a line-item budget and
non-electronic accounting procedures, adds language to allow for advance
payment of services when it will result in a competitive advantage, includes
training and professional education as operating expenses, include staff
training and development as one of DISCOVER’s responsibilities, and increases
DISCOVER’s deadlines for seeking certain reimbursements from 45 and 60 days to
90 days. The Amendment updates for Fiscal
Year 2024, Exhibit “A” – Annual Budget, for
an amount not to exceed $27,212,286 in contractual services, $311,471 in County
direct costs, $72,500 for Boca Bowl, and $6,446,721 in reserves, for a total of
$34,042,978, Exhibit “H” - Performance Measures, Exhibit “K” –
Organizational Chart, Exhibit “L” – Insurance, and Exhibit “M” – Diversity
Schedule. The Amendment has been
approved by the Tourist Development Council Board. Countywide (YBH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT COUNCIL (cont’d.)
2. Staff recommends
motion to approve: First Amendment to the Agreement (R2022-
1017) with Cultural
Council of Palm Beach County, Inc., (CULTURAL COUNCIL) for the provision of
services under the County’s Tourist Development Plan for a total amount of
$17,391,221 during the period of October 1, 2023, through September 30, 2024.Summary: The First Amendment (Amendment) deletes
obsolete references to a line-item budget and non-electronic accounting procedures
and adds language to allow for advance payment of services when it will result
in a competitive advantage, includes training and professional education as
operating expenses, include staff training and development as one of CULTURAL
COUNCIL’s responsibilities, and increases CULTURAL COUNCIL’s deadlines for
seeking certain reimbursements from 45 and 60 days to 90 days. The Amendment updates for Fiscal Year 2024,
Exhibit “A” – Annual Budget, for an amount
not to exceed $4,712,223 in contractual services, $7,563,842 in County direct
and indirect costs (CAT B Grants and CII Grants), and $5,115,156 in reserves,
for a total of $17,391,221, Exhibit “E” - Performance Measures, Exhibit
“H” – Organizational Chart, Exhibit “J” – Insurance, Exhibit “M” – Overhead,
and Exhibit “N” - Diversity Schedule.
The Amendment has been approved by the Tourist Development Council
Board. Countywide (YBH)
3. Staff recommends
motion to approve: First Amendment to
the Agreement (R2022-
1018) with Palm Beach
County Film and Television Commission, Inc., (FILM) for the provision of
services under the County’s Tourist Development Plan for a total amount of
$3,811,055 during the period of October 1, 2023, through September 30, 2024. Summary: The First Amendment (Amendment) deletes
obsolete references to a line-item budget and non-electronic accounting
procedures and adds language to allow for advance payment of services when it
will result in a competitive advantage, includes training and professional
education as operating expenses, include staff training and development as one
of FILM’s responsibilities, and increases FILM’s deadlines for seeking certain
reimbursements from 45 and 60 days to 90 days.
The Amendment updates for Fiscal Year 2024, Exhibit “A” – Annual Budget, for an amount not to exceed $2,297,172 in
contractual services, $171,807 in County direct costs, and $1,342,076 in
reserves, for a total of $3,811,055, Exhibit “F” - Performance Measures,
Exhibit “J” – Organizational Chart, Exhibit “N” - Diversity Schedule and Exhibit “O” – Insurance. The Amendment
has been approved by the Tourist Development Council Board. Countywide
(YBH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT COUNCIL (cont’d.)
4. Staff recommends
motion to approve: First Amendment to
the Agreement (R2022-
1019) with the Palm
Beach County Sports Commission, Inc. (SPORTS) for the provision of services
under the County’s Tourist Development Plan for a total amount of $8,427,397 during the period of October 1,
2023, through September 30, 2024. Summary: The First Amendment (Amendment) deletes obsolete references
to a line-item budget and non-electronic accounting procedures and adds
language to allow for advance payment of services when it will result in a
competitive advantage, include training and professional education as operating
expenses, include staff training and development as one of SPORTS’
responsibilities, and Increases SPORTS’ deadlines for seeking certain
reimbursements from 45 and 60 days to 90 days.
The Amendment updates for Fiscal Year 2024, Exhibit “A” – Annual Budget, for an amount not to exceed $2,622,645 in contractual
services, $2,076,429 in indirect costs (which is a combination of the line
items for Sports Grants and Special Event Funding), $290,913 in County direct
costs, and $3,437,410 in reserves, for a total of $8,427,397, Exhibit
“E” - Performance Measures, Exhibit “H” – Organizational Chart, Exhibit “M” –
Insurance, and Exhibit “N” – Diversity Schedule. The Amendment has been
approved by the Tourist Development Council Board. Countywide (YBH)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT COUNCIL (cont’d.)
5. Staff recommends
motion to receive and file: twelve (12) fully executed Palm Beach County
FY24 Category “C-II” Grant Agreements with various grantees totaling $1,606,649
and managed by the Cultural Council of Palm Beach County, Inc. (Culture) for
the promotion/marketing of cultural events.
These grants were approved by the Tourist Development Council (TDC) on
June 8, 2023, for the term October 1, 2023 – September 30, 2024. Summary: In accordance with County PPM CW-O-051, all
delegated contracts, agreements and grants must be submitted by the initiating
Department as a Receive and File agenda item. On June 7, 1994, the Board of
County Commissioners adopted resolution (R94-702) authorizing the Executive
Director of the Tourist Development Council to enter into grant agreements with
Category “C-II” grantees after they have been approved by the TDC. Cultural organizations with operating budgets
below $1.175 million are eligible for Category “C-II” funding. After completing an application for funding,
the organizations and their programs are reviewed by a grant panel which
recommends funding levels. The table
below itemizes the organizations which Culture and the TDC have approved and
the funding amount based on grant panel scores. The grant agreements will fund
events which will promote cultural tourism in Palm Beach County. Countywide
(YBH)
Council Approved Recommended
Funding |
Score |
2024 Grant Amount |
Level
1 – 10% of Operating Revenue up to $500,000 |
|
|
Spady
Cultural Heritage Museum, Inc. |
93.33 |
$129,766 |
Level
2 – Revenues between $500,000 and $1,174,999 |
|
|
Boca
Ballet Theatre Company |
88.00 |
$131,014 |
Lighthouse
ArtCenter, Inc. |
92.67 |
$137,961 |
The
Boca Raton Philharmonic Symphonia, Inc. |
91.00 |
$135,480 |
Ballet
Palm Beach, Inc |
88.00 |
$131,014 |
Ann
Norton Sculpture Gardens, Inc. |
85.67 |
$127,540 |
The
Lake Worth Playhouse, Inc. |
90.33 |
$134,488 |
Young
Singers of the Palm Beaches, Inc. |
93.67 |
$139,450 |
Mandel
Jewish Community Center of the Palm Beaches, Inc. |
91.67 |
$136,473 |
Centre
for the Arts at Mizner Park, Inc |
89.00 |
$132,503 |
The
Chamber Music Society of Palm Beach, Inc. |
93.33 |
$138,954 |
Historical
Society of Palm Beach County |
88.67 |
$132,006 |
Grand
Total (12) $1,606,649
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT COUNCIL (cont’d.)
6. Staff recommends
motion to receive and file: twenty-five (25) fully executed Palm Beach County FY24 Category
“B” Grant Agreements
with various grantees
totaling $5,544,108 and managed by the Cultural Council of Palm Beach
County, Inc. (Culture) for the promotion/marketing
of cultural events. These grants were approved by the Tourist Development Council
(TDC) on June 8, 2023, for the term October
1, 2023 – September 30, 2024.
Summary: In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants
must be submitted by the initiating Department as a Receive and File agenda
item. On June 7,
1994, the Board of County Commissioners adopted resolution (R94-702) authorizing the Executive Director of the Tourist
Development Council to enter into grant agreements with Category “B” grantees after they have been approved by the TDC. Cultural organizations with operating budgets of $1.175 million or
more are eligible for Category “B” funding. After completing an application for funding, the
organizations and their programs are reviewed by a grant panel which recommends funding levels. The table below
itemizes the organizations which Culture
and the TDC have approved and the funding amount based on grant panel scores.
The grant agreements will fund events which will promote
cultural tourism in Palm Beach County. Countywide (YBH)
Council Approved Recommended Funding |
2024 Grant Amount |
Level 1 Revenues $2 Million &
Under |
|
Loxahatchee River
Historical Society, Inc. |
$148,101 |
Adolph &
Rose Levis Jewish
Community Center, Inc. |
$104,069 |
The Boca Raton Historical Society, Inc. |
$127,787 |
Level 2 Revenues between $2,000,001 & $3Million |
|
Palm Beach State College |
$181,453 |
The Armory Art Center, Inc. |
$177,579 |
Florida Atlantic University Foundation, Inc |
$174,996 |
Creative City
Collaborative of Delray Beach, Inc. |
$185,973 |
Friends of Mounts Botanical Garden, Inc. |
$144,646 |
Palm Beach
Photographic Center, Inc. |
$178,870 |
Level 3 Revenues
between $3,000,001 & $5 Million |
|
Palm Beach
Dramaworks, Inc. |
$222,781 |
The Morikami, Inc. |
$226,816 |
The Palm Beach Symphony Society, Inc. |
$230,852 |
The Busch Wildlife
Sanctuary, Inc. |
$214,709 |
Level 4 – Revenues
$5 Million & Over |
|
Raymond F. Kravis Center
for the Performing Arts,
Inc. |
$290,583 |
Norton Museum
of Art, Inc. |
$275,086 |
Cox Science Center and Aquarium, Inc. |
$279,929 |
Boca Raton
Museum of Art, Inc. |
$268,305 |
SunFest of Palm Beach
County, Inc. |
$262,494 |
Loggerhead MarineLife Center, Inc. |
$261,525 |
The Zoological Society of the Palm Beaches, Inc. |
$261,525 |
Palm Beach Opera, Inc. |
$265,399 |
The Henry Morrison Flagler
Museum |
$269,274 |
Maltz Jupiter
Theatre, Inc. |
$259,588 |
The Society of the Four Arts,
Inc. |
$249,902 |
Miami City Ballet, Inc. |
$281,866 |
Grand Total (25) $5,544,108 |
$5,544,108 |
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT COUNCIL (cont’d.)
6. SUMMARY
(cont’d.):
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
EE.
OFFICE OF EQUAL OPPORTUNITY
1. Staff recommends
motion to approve: Re-Appointment of one (1) youth representative
(15-18 years of age) Sophia Nemes to serve as the ex-officio youth member to
the Advisory Commission on Women commencing September 30, 2023 through
September 30, 2024.
Re-Appoint Seat No. Requirement Nominated
By
Sophia
Nemes
16 PBC Resident Commissioner Marino
Youth
(15-18 years of age) Mayor Weiss
Summary: Per Resolution
R2018-0188, the Board of County Commissioners established the Advisory
Commission on Women (ACW) and per Resolution R2023-0098 extended its service.
The BCC may also appoint a youth representative (15-18 years of age) to serve
as an ex-officio member. Sophia Nemes submitted a complete application and has
expressed her interest in re-appointment. The ACW serves as an advisory body to
focus on matters pertaining specifically to women. The ACW is comprised of
fifteen (15) members, two (2) appointed by each County Commissioner and one (1)
at-large appointed by majority vote of the BCC. The Board may also appoint a
youth representative (15-18 years of age) to serve as an ex-officio member. The
board meets at least quarterly. Sixteen (16) seats are currently filled. The
current diversity count is Caucasian: 8 (53%), African-American: 4 (27%),
Hispanic: 2 (13%) and Other: 1 (.06%). The gender ratio (female: male) is 16:0.
The ACW recommends the reappointment. Countywide (JW)
SEPTEMBER 19, 2023
3. CONSENT
AGENDA APPROVAL
EE.
OFFICE OF EQUAL OPPORTUNITY
(cont’d.)
2. Staff recommends
motion to:
A) approve Amendment of
Solicitation/Modification of Contract No. 45310021C0038P00003 with the U. S.
Equal Employment Opportunity Commission (EEOC) in the total amount of $49,600
as payment for processing and resolving employment discrimination
complaints;
B) approve
a net downward Budget Amendment of $23,400 in the General Fund to adjust the
budget to the actual contract amount; and
C) receive
and file the FY 2023 Extension of Worksharing Agreement with the EEOC.
Summary: Execution of the documents is required so
that the Office of Equal Opportunity (OEO) can receive payment for processing
and resolving complaints of employment discrimination pursuant to the
Worksharing Agreement with the EEOC. Contract No. 45310021C0038P00003 is for FY
2022 – 2023 and is in the amount of $49,600 ($41,500 for charge processing,
$2,800 for intake services, $1,800 for FEPA Joint Innovation Project and $3,500
EEOC/FEPA Training). The Worksharing Agreement is designed to provide
individuals with an efficient procedure for obtaining redress for their
grievances under Palm Beach County’s Equal Employment Ordinance and Federal laws.
The Worksharing Agreement is a prerequisite to the receipt of a Charge
Resolution Contract with the EEOC. On November 26, 1996, the Board of County
Commissioners approved staff’s recommendation that future Worksharing
Agreements be executed by the County Administrator, or designee, because of the
recurring time constraints involved in this process. Pursuant to Countywide PPM-CW-O-051, the
attached document is now being submitted to the BCC to receive and file. No
County funds are required. Countywide (DO)
* * * * * * * * * * * *
SEPTEMBER 19, 2023
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. COUNTY ATTORNEY
1. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, repealing Chapter 14, Article II,
Section 14-82, et seq., Palm Beach County Code, Ordinance No. 2022-027, “Notice
of Termination of Residential Tenancies and Rental Payment Increase Ordinance”;
providing for repeal of laws in conflict; providing for inclusion in the code of laws and ordinances; and
providing for effective date. Summary: On
September 13, 2022, the Palm Beach County Board of County Commissioners (BCC)
enacted Chapter 14, Article II, Section 14-82, et seq., Palm Beach County Code,
Ordinance No. 2022-027, referred to as the “Notice of Termination of
Residential Tenancies and Rental Payment Increase Ordinance” (Ordinance). On
March 3, 2023, the Florida House of Representatives filed HB 1417, referred to
as the “Residential Tenancies Bill”. On
the same day, a similar bill, SB 1586, was filed by the Florida Senate. On June
29, 2023, the Residential Tenancies Bill was signed by Governor Ron DeSantis
and became law. The new law preempts to the state the regulation of residential
tenancies, the landlord-tenant relationship, and all other matters covered
under the Residential Tenancies part of Chapter 83, Florida Statutes. Section 83.425, Florida Statutes supersedes
any local government regulations on matters including, but not limited to: the
screening process used by a landlord in
approving tenancies; security deposits; rental agreement applications and fees
associated with such applications; terms and conditions of rental agreements;
the rights and responsibilities of the landlord and tenant; disclosures
concerning the premises, the dwelling unit, the rental agreement, or the rights
and responsibilities of the landlord and tenant; fees charged by the landlord;
or notice requirements. The law also
amends Section 83.57, F.S. by extending the notice required for termination of
month to month tenancies from 15 days to 30 days, and amends Section 83.575(1),
F.S. by changing the notice required for termination of tenancies with specific
duration to provide that such tenancies may not require less than 30 days'
notice or more than 60 days' notice of termination from either the tenant or
the landlord. This law became effective
on July 1, 2023. Countywide
(MM)
SEPTEMBER 19, 2023
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A) approve the Inventory List (pursuant to Section
125.379, Florida Statutes) of all real
property to which the County and its dependent special districts hold fee
simple title which is appropriate for use as affordable housing; and
B)
adopt a resolution recognizing the approval of the Inventory List.
Summary: Pursuant to Section 125.379, Florida
Statutes, as recently amended by SB 102, the County is required to prepare, by
October 1, 2023, and every three years thereafter, an Inventory List of all
real property within its jurisdiction to which the County or any dependent
special district within its boundaries holds fee simple title which is
appropriate for use as affordable housing. The Inventory List is to be reviewed
by the Board of County Commissioners (Board) at a public hearing and the Board
may revise the Inventory List at the conclusion of same. Following the public
hearing, the Board is required to adopt a resolution that includes the
Inventory List. The County is further required to make the inventory list
publicly available on its website to encourage potential development. On
September 12, 2023, County staff provided the Board an overview of County-owned
real property and the Board approved the approximately 6.34-acre property
located at 5741 Okeechobee Boulevard (property control number
00-42-43-23-00-000-7120) for inclusion in the Inventory List. The County has
seven (7) dependent special districts all of which were contacted by County
staff. No properties under the control
of the dependent special districts were identified for inclusion in the
Inventory List. See attachments 2 and 3 to this agenda item. This agenda item
carries no fiscal impact. (Property & Real Estate Management) District
2/Countywide (HJF)
* * * * * * * * * * * *
SEPTEMBER 19,
2023
A. ADMINISTRATION
1. Staff recommends
motion to:
A) approve adopt a contract
between the Board of County Commissioners of Palm Beach County, Florida (BCC),
and Bencor, Inc. for development and implementation of a 401(a) Plan (Plan);
and
B)
direct staff on Plan design specifics for Palm Beach County
employee participants.
Summary: Based upon
direction given by the BCC, staff solicited vendors for a Plan. A selection
committee was assembled and a vendor selected by majority vote. The
implementation of the Plan is a budget neutral benefit and will save both the
employee and employer on compulsory Social Security and Medicare taxes. The
Plan contributions will be submitted from compensable vacation and/or sick
leave balances according to Merit Rule policy for payout upon termination per
plan design. Staff is seeking direction from the BCC regarding the designated
categories of employees that will participate. Countywide (DO)
SEPTEMBER 19,
2023
5. REGULAR AGENDA
B. AIRPORTS
1. Staff recommends
motion to approve: the Purchasing Department’s issuance of an
award letter for a six-month extension of the Term
Contract for Janitorial Services at the Palm Beach International Airport (PBI)
(Term Contract) with Triangle Services of Florida, Inc. d/b/a Triangle Services
(Triangle) for the period commencing October 1, 2023, and ending March 31,
2024, per Master Agreement #17032D, for an amount not to exceed $2,500,000. Summary: The Term Contract ends on September 30,
2023, with no further renewal options. This item will authorize the extension
of the Term Contract by the Purchasing Department for six additional months.
Request for Proposal No. 23-057/MD was issued by the Purchasing Department on
April 25, 2023, for a new janitorial services contract for PBI. The Selection
Committee recommended the award of the contract to Flagship Airport Services,
Inc. (Flagship); however, a protest was subsequently filed and upheld by the
Purchasing Director on June 26, 2023.
The Selection Committee reconvened on July 10, 2023, and Notice of
Intent to Award to Flagship was posted on July 14, 2023. Due to the delay caused by the protest,
additional time is required to finalize the new contract and provide a
sufficient period of time for Flagship to onboard staff to perform the required
services. In the event the full six-month extension is not required, the County
may terminate the Term Contract for convenience. The amount approved for the
current 12-month period, commencing on October 1, 2022, and ending on September
30, 2023, was $3,600,000. The Term Contract provides for the payment of an
annual management fee of $153,800 paid in equal monthly installments of
$12,816.66. Expenses, including employee
wages and benefits, are paid on a reimbursement basis in accordance with a
budget approved by the Department of
Airports. In consideration of the extension, Triangle requested an increase in
the management fee of $1,922.50 per month for a monthly management fee of
$14,739.16. Triangle also requested wage increases for custodians, supervisors
and the manager as a part of the budget for the extended period. Wage increases are typically requested on an
annual basis as a part of the budgeting process. The total not to exceed amount for the
extension will be $2,500,000, which is estimated based upon the management fee
and projected reimbursable expenses. Triangle is located outside Palm Beach
County in the City of Fort Lauderdale, Florida. The Term Contract was
advertised pursuant to the Small Business Enterprise (SBE) Ordinance in place
at the time with an SBE goal of 15%. Triangle committed to 18% SBE
participation. The cumulative SBE participation to date is 19.61%. Pursuant to changes to Chapter 332, Florida
Statutes, effective July 1, 2023, a governing body of a commercial service
airport may not approve purchases of contractual services in excess of
$1,000,000 provided in Section 287.017, Florida Statutes, on a consent agenda.
This item exceeds the threshold amount and must be approved on the regular
agenda. Countywide (AH)
SEPTEMBER 19,
2023
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC DEVELOPMENT
1. Staff recommends motion
to:
A) approve Community Development Block Grant
Coronavirus (CDBG-CV) funding of up to $1,713,000 to NOAH Development
Corporation (NDC);
B) direct staff to negotiate the funding
agreement; and
C) authorize the County Administrator, or designee, to
execute the funding agreement, amendments thereto, and all other documents
necessary for project implementation that do not substantially change the scope
of work, terms or conditions of the funding award.
SUMMARY: NDC is a local 501(c) not-for-profit
organization housing developer founded in 1985. The organization has developed,
owned, and operated 349 affordable housing units across Belle Glade, Pahokee,
and South Bay. NDC has entered into a contract to purchase from Harper Courts
Inc., an unoccupied motel located at 308 N. Main Street, Belle Glade, that will
be converted into 18 studio apartments for low income renters, including those
at risk of homelessness or experiencing housing instability. Residents will
have access to comprehensive social services, job placements, and mental health
support through a partnership with the Belle Glade Housing Authority and other
local organizations. Staff recommends a
CDBG-CV forgivable loan of $1,713,000 to partially fund costs of acquisition
and rehabilitation. NDC will provide
$354,000 of cash equity towards the total development cost of $2,172,000, and
will defer a $105,000 developer fee. NDC will be responsible for securing all
necessary operational funding throughout the period of affordability. All housing units will be restricted for
affordable rental to tenants with incomes no greater than 80% of Area Median
Income for no less than 50 years. The County funding contribution equates to
$95,167 per affordable housing unit, with the County as first lienholder. The
funding agreement and related documents pursuant to these County funds will be
between the County and NOAH Development Corporation or its respective
successors and/or assigns. To facilitate project implementation, staff requests
authorization for the County Administrator, or designee, to execute the funding
agreement and related documents. These
are CDBG-CV grant funds that do not require a local match. District 6 (HJF)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY
COMMISSIONERS
CONVENE AS THE CHILD CARE
FACILITIES BOARD
SEPTEMBER 19, 2023
6. BOARD OF COUNTY COMMISSIONERS SITTING
AS THE CHILD CARE FACILITIES BOARD
A. HEALTH DEPARTMENT
1. Staff recommends
motion to: the re- appointment of (2) members to the Child Care Advisory Council to
fill the positions listed below.
SEAT # |
NOMINEE: |
REQUIREMENT: |
Term |
NOMINATED BY: |
3 |
Sandra Wilensky |
Represents and operates a parochial
childcare facility |
10/1/2023 to 9/30/2026 |
Mayor Weiss |
4 |
Claudette Rifenberg |
Employed
as a Consumer Protection Enforcement Official
|
10/1/2023 to 9/30/2026 |
Mayor Weiss |
Summary: The Child Care Advisory Council is comprised of seven members who serve at the pleasure of the Board of County Commissioners. Members must consist of two members who represent and operate private child care facilities in Palm Beach County, one of whom operates a family day care home or large family child care home; one member who represents and operates a parochial child care facility in Palm Beach County; one consumer protection enforcement official; one member for fire protection, engineering or technology; and one member who, at the time of appointment, was the parent of a child attending a child care facility in Palm Beach County; and one representative from the Florida Department of Children and Families. The applicant for appointment to Seat 3, Sandra Wilensky, is the Director and operator of Torah. The applicant for appointment to Seat 4, Claudette Rifenberg, is a manager with the Consumer Protection Enforcement with 18 years of experience in serving. She was appointed to the Council on October 1, 2021, to complete the term of a predecessor. She is recommended for appointment to her first full term of service. The diversity count for the six seats currently filled is Caucasian: 3 (50.0%), African American: 2 (33.3%), and Hispanic American: 1 (16.7%). The gender ratio (female: male) is 6:0. The nominee for Seat 2 is an African American female and the nominee for Seat 7 is a Caucasian female. Staff continues to address the need for increased diversity within our boards and will continue to encourage expansion of this Council’s diversity. Countywide (HH).
ADJOURN AS THE CHILD CARE
FACILITES BOARD
RECONVENE AS THE BOARD OF
COUNTY COMMISSIONERS
* * * * * * * * * * * *
SEPTEMBER 19,
2023
A. ADMINISTRATION
1. Staff recommends
motion to approve: appointment of two of the
following individuals to replace one (1) citizen member and one (1) alternate
citizen member on the Value Adjustment Board (VAB):
AT-LARGE SEAT NOMINATED BY:
Jay Nisberg Mayor
Weiss
Or
Elizabeth Accomando Commissioner
Baxter
Or
Jodi Schwartz Commissioner
Woodward
ALTERNATE SEAT NOMINATED
BY:
Ashley Cacicedo Mayor
Weiss
Or
Elizabeth Accomando Commissioner
Baxter
Or
Jodi Schwartz Commissioner
Woodward
SEPTEMBER 19,
2023
6. BOARD
APPOINTMENTS
A. ADMINISTRATION
1. Summary: Florida Statutes 194.015 and
Administrative Rule 12D-9.004 provide that every county shall have a value
adjustment board (VAB) which consists of five members: (a) two members of the Board of County
Commissioners (BCC); (b) one school board member; (c) a citizen member
appointed by the BCC, who owns homestead property in the county, and (d) a
citizen member appointed by the school board who owns a business that occupies
commercial space located within the school district. Additionally, Administrative Rule
12D-9.004(3)(a) provides for the appointment of alternates. Specifically, at the same time that the BCC
selects a primary member of the VAB, the BCC may select an alternate to serve
in place of the primary member, as needed.
The BCC-appointed citizen member and alternate must (1) own homestead
property in Palm Beach County; (2) may not be a
member or an employee of any taxing authority in this state; and (3) may not be
a person who represents property owners, property appraisers, tax collectors,
or taxing authorities in any administrative or judicial review of property
taxes. Currently, due to a
resignation, there exists a vacancy in the citizen member seat that must be
appointed by the BCC. Additionally,
there is a current vacancy in the alternate citizen member seat. Four applicants have been nominated for
appointment: Mr. Jay Nisberg has been
nominated by Mayor Weiss, who is Caucasian male. Ms. Ashley Cacicedo has also been nominated by Mayor Weiss, who is Caucasian
female. Ms. Elizabeth Accomando has been nominated by Commissioner
Baxter, who is a Caucasian female. Ms.
Accomando is also the Executive Director of non-profit Barky Pines Animal
Rescue & Sanctuary that currently has a contract with Palm Beach County
Animal Care & Control Division, a contract that is not subject to the
oversight of the Value Adjustment Board.
Ms. Jodi Schwartz has been nominated by Commissioner Woodward, who is
a Caucasian female. The diversity count for the four seats currently filled is
Caucasian: 2 (50.0%), Hispanic American: 1 (25%), and Other: 1 (25%). The gender ratio (female: male) is 1:3. Staff
continues to address the need for increased diversity within our boards and
will continue to encourage expansion of this Council’s diversity Countywide
(DB)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
SEPTEMBER 19,
2023
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
SEPTEMBER 19,
2023
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER MICHAEL A. BARNETT
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
SEPTEMBER 19,
2023
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."