May 7, 2024
8:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MAY 7, 2024
PAGE ITEM
16 3C7 * DELETED - staff pulled for further review. (ENG)
60 3AA4 * REVISED MOTION
/ TITLE / SUMMARY / (PALM TRAN) / Staff
recommends motion to:
D) adopt Amended Resolution R2022-0133; a Resolution of the Board of
County Commissioners (BCC), of Palm Beach County, Florida, authorizing the
signing and submission of the FFY 2023 section 5310 grant application in the
amount of $2,049,194, with a required match of $227,68 $227,688
for a total project cost of $2,276,882, supporting documents, and assurances to
the Florida Department Of Transportation (FDOT);
Summary: On April 9, 2024, FDOT notified Palm Tran that the final award
amount for three (3) pending applications had been finalized, and that
amended Resolutions are needed to match the actual grant award. The
applications, when submitted, included the price of vehicles established at the
time of the applications. The State Contract to acquire these vehicles
was modified in 2023, and there is price increase for which FDOT is providing
additional funding contingent on the receipt of amended Resolutions by May 15,
2024. The resulting grant agreement requires a 10% match, the amended
Resolutions reflect the increased amount of this match, which is included in
Palm Tran’s adopted FY2024 budget. Resolution R2023-0615 does not have a
change in the amount, only in the funding source, as requested by FDOT.
Upon receipt of the amended Resolutions, FDOT will issue Public Transportation
Grant Agreements (PTGAs) that will fund 90% of the purchase of 42 45
Replacement Paratransit vehicles, and will provide $800,000 toward the
operating costs for the Go Glades Service. Countywide (MM)
69 3EE1 * DELETED – (CAREERSOURCE)
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
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 12 - 69)
4. SPECIAL
PRESENTATIONS (Page 70 - 71)
5. REGULAR
AGENDA (Pages 72 - 91)
6. BOARD
APPOINTMENTS (Page 92)
7. STAFF
COMMENTS (Page 93)
8. BCC
COMMENTS (Page 94)
9. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
95)
10. ADJOURNMENT (Page 96)
* * * * * * * * * * *
MAY 7, 2024
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 12
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 Clerk
& Comptroller Finance Department records revised for State retention
schedule.
C. ENGINEERING & PUBLIC WORKS
Page 13
3C-1 Amendment
No. 1 with Saffold Paving, Inc. to extend the date and increase the contract
amount, and Amendment No. 2 with Wynn & Sons Environmental Construction
Company, LLC to extend the date and
increase the contract amount on the annual small paving and minor construction
contract.
Page 14
3C-2 Work
Order 2021050-82 with M&M Asphalt Maintenance, Inc. to mill and resurface
Royal Palm Beach Blvd.
3C-3 Consultant
Service Authorization No. 7 with Mock, Roos & Associates, Inc. for the
Lantana Road Drainage System Study.
Page 15
3C-4 Sovereignty
Submerged Lands Easement Renewal for submerged lands under the West Camino Real
bridge over El Rio Canal.
3C-5 Interlocal
Agreement with the City of Boynton Beach repealing and replacing previous
agreement, and providing for traffic control jurisdiction within the City.
Page 16
3C-6 Two
fully executed Adopt-A-Road Agreements with various parties.
3C-7 Amendment No. 1 with Southeast Highway
Guardrail & Attenuators, LLC to extend the contract and increase the amount.
Page 17
3C-8 Amendment
No. 2 with Wynn & Sons Environmental Construction Company, LLC to extend
the contract for Pathway & Minor Construction Continuing Services Contract.
MAY 7, 2024
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
Page 18
3F-1 Airline Agreement with Silver Airways LLC
providing for use of terminal facilities at PBI, and several Incentive
Agreements with Silver Airways LLC.
Page 19
3F-2 Ground Lease Agreement with 3114 Tuxedo, LLC
for ground area located adjacent to Pine Lake/Stub Canal.
Page 20
3F-3 First Amendment with Clear Channel Airports,
Inc. for installation, operation, and maintenance of advertisement displays at
PBI.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 20
3G-1 Annual
Report for Fiscal Year 2023 from Delray Beach Community Redevelopment Agency.
3G-2 Annual Report for Fiscal Year 2023 from Town
of Lake Park Community Redevelopment Agency.
3G-3 Financial
Statements for Florida Development Finance Corporation for Fiscal Year 2023.
Page 21
3G-4 Negotiated
settlement for the full satisfaction of a code enforcement lien against Donald
W. Miller and Prosperity Bay Village Homeowners Association, Inc.
3G-5 Negotiated
settlement for the full satisfaction of a code enforcement lien against Chuck
J. & Frankie Argentine.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 22
3H-1 Amendment
No. 1 with Colome & Associates, Inc. and Williamson Dacar Associates Inc.
to extend the contract term to provide architectural services on a continuing
contract basis for federally funded projects.
Page 23
3H-2 Service
Agreement with the Town of Lake Park for the use of office space within the
Lake Park Public Library.
Page 23 - 24
3H-3 Exercising
the second option to extend the term of the Lease Agreement with Lutheran
Services Florida, Inc. for the use of the South Bay Head Start facility and the
West Palm Beach Head Start facility.
MAY 7, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 24
3H-4 Utility Easement Agreement in favor of FPL
for the construction, operation and maintenance of electric transmission lines
on monopole structures.
Page 25
3H-5 Declaration of Easement in favor of PBC for a
storm water management system required for new County Fire Station No. 40.
Page 25 - 26
3H-6 Exercising the second option to extend the
term of the Restated Lease Agreement with Lutheran Services Florida Inc. for
the continued use of the Jupiter Head Start facility, continued use of the
Riviera Beach Head Start facility, and continued use of the Westgate Head Start
facility.
Page 26
3H-7 ATM Operating License Agreement with Guardian
Credit Union for automated teller machines placed at several locations.
Page 27
3H-8 Fourth Amendment to Concessionaire Lease
Agreement with SW Hospitality Group LLC to extend the term.
Page 28
3H-9 Change Order No. 11 with The Morganti Group,
Inc. for the Fire Station No. 40 project to increase the duration of the
project.
Page 29
3H-10 Supplement #1 with Architecture Green LLC for the
North County Aquatic Complex-Restrooms and Locker Rooms Renovations project.
Page 30
3H-11 Emergency Work Order No. 6 with Hedrick
Brothers Construction Co., Inc. establishing a Guaranteed Maximum Price for the
Detention Facilities Renewal/Replacement – Main Detention Center South Tower
Exterior Insulation Finishing System Repairs project.
Page 31
3H-12 Work Order No. 24-001 with Zabatt Engine
Services, Inc. to the annual electrical contract for authorization for
construction services.
MAY 7, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 32
3H-13 Work Order No. 24-012 with Andrea Construction,
Inc. to the annual minor construction services contract for the Guardian Ad
Litem-Renovations project.
Page 33
3H-14 Contract with Saltz Michelson Architects, Inc.
to provide professional architectural/engineering design, programming,
structural assessment, design, permitting and construction administration
services for the West County Administration Building Modifications/Renovations
project.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 34
3I-1 Amendment 002 with the City of South Bay to
extend the Agreement expiration date.
Page 35
3I-2 Amendment 005 with Habitat Housing
Solutions to extend the certificate of occupancy issue date and to extend the
date in which the units are to be sold by and placed into service.
Page 36
3I-3 Amendment 004 with Habitat Housing
Solutions to extend the certificate of occupancy issue date and to extend the
date in which the units are to be sold by and placed into service.
Page 37
3I-4 Loan Agreement with ME-ST, LLC, for ARPA
Response Replacement Funds for construction of a 14-unit multifamily rental
development.
3I-5 Amendment 1 with the Boynton Beach
Community Redevelopment Agency to provide assistance related to economic
development impact estimates.
Page 38
3I-6 Loan Agreement with Community Land Trust
for ARPA Response Replacement Funds for construction of the North “E” Street
Cottage Homes project in Lake Worth Beach.
Page 39
3I-7 Loan Agreement with Diverse Housing
Services, Inc. for SHIP funds for the rehabilitation of a 44-unit multifamily
rental housing project known as Amaryllis Gardens located in Pahokee.
MAY 7, 2024
TABLE OF CONTENTS
CONSENT AGENDA
J. PLANNING, ZONING & BUILDING
Page 40
3J-1 Board
reappointment of one member to the Building Code Advisory Board.
Page 41
3J-2 Board
appointment of one member to the Construction Board of Adjustments and Appeals.
Page 42
3J-3 Board
appointment of one member to the Historic Resources Review Board.
K. WATER UTILITIES
Page 42
3K-1 Interlocal
Agreement with the Village of Palm Springs for Congress Avenue Sanitary Sewer
Improvements.
Page 43
3K-2 Consultant
Services Authorization No. 6 with Mock, Roos & Associates, Inc. for the
Regional
Transfer Pump Station Location Evaluation
project.
Page 44
3K-3 Standard
Reclaimed Water Development Agreements, Standard Reclaimed Water Service
Agreements Lake Discharge System and a Memorandum of Understanding Regarding
Water and Wastewater Service.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 45
3L-1 Continuing
proxy appointing Vice Mayor Marino as Palm Beach County’s representative for
the purpose of voting at the Landowner’s Annual Meeting of the Pal-Mar Water
Control District.
3L-2 Resolution
for Assistance in support of Waterways Assistance Program Grant Application to
the Florida Inland Navigation District.
Page 46
3L-3 Consultant
Services Authorization No. 0090-07 with Olsen Associates, Inc. to provide
professional engineering, environmental surveys, reporting and documentation to
be used in permit required monitoring.
Page 47
3L-4 FDEP
Office of Greenways and Trails Application for Designation of Public Lands or
Waterways for a portion of Lake Park Scrub Natural Area.
MAY 7, 2024
TABLE OF CONTENTS
CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 48
3L-5 Resolution
for Assistance in support of Waterways Assistance Program Grant Application to
the Florida Inland Navigation District to fund approximately 21% of the construction
costs for the Old Bridge Park Dock Replacement Project in the City of Lake
Worth Beach.
Page 49
3L-6 State
Mosquito Control Memorandum of Understanding Contract with the Florida
Department of Agriculture and Consumer Services for mosquito control activities.
Page 50
3L-7 FDEP
Standard Grant Agreement providing for design of the North County Comprehensive
Shore Protection Project Segment 1, 2, and 3.
M. PARKS & RECREATION
Page 51
3M-1 Florida Inland Navigation District Waterway
Assistance Program grant application for construction costs associated with the
Peanut Island Park Dock Renovation Project and adopt a Resolution.
Page 52
3M-2 Florida Inland Navigation District Waterway
Assistance Program grant application for construction costs associated with the
planning, design and permitting costs associated with the South Inlet Park
Seawall Replacement Project.
S. FIRE RESCUE
Page 53
3S-1 FY2023
Assistance to Firefighters Grant application to fund 90% of the purchase for 9
bunker gear washer/extractor machines and 18 dryers.
Page 54
3S-2 FY2023
Staffing for Adequate Fire and Emergency Response Grant application to fund 18
new firefighter positions.
Page 55
3S-3 Interlocal
Agreement for Fire Protection and Emergency Medical Services with the Town of Manalapan.
MAY 7, 2024
TABLE OF CONTENTS
CONSENT AGENDA
AA. PALM TRAN
Page 56
3AA-1 Executed FDOT Grant Agreements for FY2022 and
FY2023.
Page 57
3AA-2 Purchase Order from FDOT Transit Research
Inspection Procurement Services contract with ABC Bus, Inc. to purchase 16
paratransit cutaway buses.
Page 58 - 59
3AA-3 Resolution approving Public Transportation
Grant Agreement to facilitate access to bus passes for individuals returning
from incarceration.
Page 60 - 61
3AA-4 Amended Resolutions for the purchase of
paratransit vehicles and operating funding for Go Glades service.
Page 62
3AA-5 Board appointment of one member to the Palm
Tran Service Board.
BB. YOUTH SERVICES
Page 63
3BB-1 Agency Affiliation Agreement with FAU for its
students to complete planned and supervised clinical experienced required for
their degree.
Page 64
3BB-2 Contracts for Professional Services with
Postdoctoral Psychology Fellows to complete a required 2,000 hours of clinical
work.
CC. SHERIFF
Page 65
3CC-1 Modification #1 for Operation Stonegarden Grant
Program to extend the period.
Page 66
3CC-2 Modification #1 for State Homeland Security
Grant Program to extend the period.
3CC-3 Modification #5 with the City of Miami
extending the grant period.
Page 67
3CC-4 FDLE Award Agreement for the FY23 Paul
Coverdell Forensic Sciences Improvement Act Formula Grant.
MAY 7, 2024
TABLE OF CONTENTS
CONSENT AGENDA
DD. OFFICE OF RESILIENCE
Page 68
3DD-1 Memorandum of Agreement with Broward,
Miami-Dade, and Monroe Counties for an EPA Climate Pollution Reduction Grant.
EE. CAREERSOURCE
Page 69
3EE-1 Board appointment of one member to the
CareerSource Palm Beach County, Inc. Board of Directors.
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 70 – 71
4A Jewish American Heritage Month
4B Nancy G. Brinker Day
4C Water Reuse Week
4D Hispanic Education Coalition of Palm
Beach County Inc.
4E National Physical Fitness and Sports
Month
4F Mental Health Awareness &
Trauma-Informed Care Month
4G Melanoma Monday and May Skin Cancer
4H Building Safety Month
4I Restoration Bridge International
4J Tarra Enterprises Inc. for 40 Years
4K Israel’s 76th Anniversary of
Independence
4L Nurses Week
4M National Travel & Tourism Week
4N National Water Safety Month
4O Emergency Medical Services Week
4P Spelling Bee Day
4Q Haitian American Heritage Month
4R Palm Beach County Senior Health &
Fitness Day
4S 75th Charter Day Anniversary
of Zeta Phi Beta Sorority Inc.
MAY 7, 2024
TABLE OF CONTENTS
REGULAR AGENDA
A. ADMINISTRATION
Page 72
5A-1 2024 Legislative Session Report.
B. HOUSING AND ECONOMIC
DEVELOPMENT
Page 73 - 74
5B-1 Neighborhood Stabilization Program funding
for Village of Valor, Ltd. for the restructured Village of Valor project.
Page 75 - 76
5B-2 HOME Investment Partnerships Program
Community Housing Development Organization funding for the creation of
affordable rental or homeownership housing.
Page 77 - 79
5B-3 General Obligation Housing Bond Loan Program
Affordable Housing Multifamily Development awards for four developers to expand
the local inventory of multifamily rental housing units for affordable housing.
B. HOUSING AND ECONOMIC
DEVELOPMENT
Page 80 - 82
5B-4 General Obligation Housing Bond Loan Program
Workforce Multifamily Development awards for three developers to create
additional housing units to expand the local inventory of multifamily rental
housing units for workforce housing.
Page 83
5B-5 Request for approval of four new ad-valorem
funded positions contingent upon Board approval of the Workforce/Affordable
Housing General Obligation Bonds.
C. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 84
5C-1 Resolution for the construction of Workforce
and Affordable Housing Units.
MAY 7, 2024
TABLE OF CONTENTS
REGULAR AGENDA
D. PLANNING, ZONING, & BUILDING
Page 85 - 86
5D-1 Resolution to authorize the County tax
exemptions for several historic properties located within the City of West Palm Beach.
Page 87 - 88
5D-2 Resolution to authorize the County tax
exemptions for several historic properties located within the Town of Palm Beach.
Page 89
5D-3 Resolution to authorize the County tax
exemptions for several historic properties located within the City of Delray Beach.
E. FACILITIES DEVELOPMENT & OPERATIONS
Page 90
5E-1 Agreement to Purchase 1.10 acre parcel of
vacant land located within the Pal-Mar Ecosite.
F. LIBRARY
Page 91
5F-1 Presentation of the FY2025 Library
Department Budget & Capital Program Overview.
G. FIRE RESCUE
Page 91
5G-1 Presentation of the FY2025 Fire Rescue
Department Proposed Operating Budget.
H. WATER UTILITIES
Page 91
5H-1 Presentation of the FY2025 Water Utilities
Department Proposed Operating Budget.
BOARD
APPOINTMENTS (Page 92)
STAFF
COMMENTS (Page 93)
BCC COMMENTS (Page 94)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 95)
ADJOURNMENT (Page 96)
MAY 7, 2024
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
March
26, 2024 Workshop
March
28, 2024 Zoning
April
02, 2024 Regular
April
09, 2024 Regular
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during March 2024. 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.
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) Amendment No. 1 to the Annual Small Paving and Minor Construction
Contract, dated December 20, 2022 (R2022-1489) with Saffold Paving, Inc. (SPI),
to extend the expiration date from June 19, 2024 to December 19, 2025 and
increase the contract amount from $1,150,000 to $2,300,000; and
B) Amendment No. 2 to the Annual Small Paving and Minor Construction
Contract, dated December 20, 2022 (R2022-1490), with Wynn & Sons
Environmental Construction Company, LLC (WSE) to extend the expiration date
from June 19, 2024 to December 19, 2025, increase the contract amount from
$1,150,000 to $2,300,000, and recognize WSE’s name change.
SUMMARY: Approval of these amendments will extend the
expiration dates from June 19, 2024 to December 19, 2025, increase the contract
amounts from $1,150,000 to $2,300,000, and recognize WSE’s name change. The increased amounts for the contracts are
based on updated estimates that exceed the current amounts for the contracts to
be expended throughout Palm Beach County by the user departments. Amendment No.
2 for WSE is retroactive to January 20, 2023, which is when WSE filed Articles
of Conversion with the State of Florida to convert the firm’s name from Wynn
& Sons Environmental Construction Company, Inc. to Wynn & Sons
Environmental Construction Company, LLC.
Section 3 of the special provisions in the contracts allows the parties
to amend the contracts, while adhering to all other original terms, conditions
and unit prices of the contracts. On May 4, 2022, the Goal Setting Committee
applied an Affirmative Procurement Initiative of a 20% minimum mandatory Small Business Enterprise (SBE) participation.
SPI agreed to 89% SBE participation and WSE agreed to 86.6% SBE
participation. To date, no tasks have
been authorized for SPI and tasks in the amount of $935,879 have been
authorized for WSE. The first amendment to the contract, dated
December 19, 2023 (R2023-1840) with WSE added two (2) additional line items.
SPI and WSE have offices located in the County. SPI is a certified SBE company.
These allowable extensions are not to exceed 36 months total contract time, as
the contracts provide. Countywide
(YBH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to approve: Work Order 2021050-82
in the amount of $383,000 to mill and
resurface Royal Palm Beach Boulevard from 40th Street North to
Persimmon Boulevard utilizing Palm Beach County’s (County) annual asphalt
milling and resurfacing contract R2021-0985 (Contract) with M&M Asphalt
Maintenance, Inc. d/b/a All County Paving (M&M). SUMMARY: Per County PPM CW-F-050, this
work order exceeds the $200,000 threshold for staff approvals of work orders to
annual contracts, thus requiring approval from the Board of County
Commissioners (BCC). Approval of this
work order will allow the contractual services necessary to mill and resurface
approximately one mile of Royal Palm Beach Boulevard’s four lanes. This
Contract is one of three contracts with an available cumulative total of $50
million for the annual asphalt milling and resurfacing program. To date, the Engineering and Public Works Department has
resurfaced approximately 400 lane miles within the last 2.5 years under the
cumulative $50 million asphalt resurfacing Contract. Prior to this
meeting date, approximately $9 million of the $50 million M&M Contract that
was approved on August 17, 2021, by the BCC, has been spent or encumbered. The
Affirmative Procurement Initiative selected for this Contract on September 16,
2020 by the Goal Setting Committee is a 15% minimum mandatory Small Business
Enterprise (SBE) participation. On September 8, 2023, the Office of Equal
Business Opportunity reduced the mandatory SBE participation from 15% to 11%,
based on the findings of the requested waiver and good faith efforts provided
by M&M. M&M agreed to 10% SBE
participation for this work order. Their cumulative SBE participation,
including this work order is 10%. This project is funded by the
infrastructure sales tax. District 6 (YBH)
3. Staff recommends
motion to approve: Consultant Service Authorization No. 7 (CSA)
to the Civil Engineering Annual Services Contract (R2022-0464) dated May 17,
2022 (Contract) with Mock, Roos
& Associates, Inc. (MRA) in the amount of $254,972.96 for the Lantana Road Drainage System Study
(Project). SUMMARY: Approval of this
CSA will allow MRA to prepare a report
of findings and recommendations for addressing deficiencies in two (2) sections
of the existing drainage system on Lantana Road between Military Trail and
Congress Avenue. On June 16,
2021, the Goal Setting Committee applied Affirmative Procurement Initiatives of
a 20% minimum mandatory Small Business
Enterprise (SBE) participation and a Minority Business Enterprise preference
for African American owned firms. MRA
agreed to 27% SBE participation for the Contract. There is no SBE participation for this CSA.
MRA has an office located in Palm Beach County (County). This Project is
included in the Five-Year Road Program.
District 2 (YBH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
4. Staff recommends
motion to approve: the Sovereignty Submerged Lands Easement Renewal
(Easement Renewal) from the Trustees of the Internal Improvement Trust Fund
(TIITF) of the State of Florida to Palm Beach County (County) for submerged
lands under the West Camino Real bridge over the El Rio Canal (Bridge). SUMMARY: Approval of this Easement Renewal from TIITF will extend the use of the
16,553 square feet of the El Rio Canal sovereignty submerged lands, located
beneath the Bridge for a period of 50 years.
The previous easement with TIITF was approved by the Board of County
Commissioners (BCC) on April 28, 1992, recorded in Official Records Book 7282,
page 1054, and expired on January 22, 2022.
TIITF recently brought this Easement Renewal to our attention. The Easement Renewal contains a liability
provision that deviates from what is approved in PPM CW-F-049, pursuant to
which, Risk Management and the County Attorney’s Office have reviewed the
provision and advised the Engineering and Public Works Department (EPW) of the
associated risks. The new provision includes liabilities that accrue to the
subject parcel for improvements, assessments or taxes. Due to the business needs and benefits to be
derived from the Easement Renewal, EPW will move forward the Easement Renewal. District
4 (YBH)
5. Staff recommends
motion to approve: an Interlocal Agreement (Agreement) with the City of
Boynton Beach (City), repealing and replacing Interlocal Agreement R83-1558
that was approved by the Board of County Commissioners on December 6, 1983, and
providing for traffic control jurisdiction within the City by Palm Beach County
(County). SUMMARY: Section 316.006(2) (a), Florida Statutes, vests municipalities with traffic control jurisdiction over all streets and highways located
within their boundaries, except state roads, and provides that a municipality may, by Interlocal
Agreement with a county, agree to transfer traffic regulatory authority
(Authority) over areas within the municipality to the County. On December 6, 1983, the County and the City entered
into Interlocal Agreement R83-1558 wherein the City transferred certain traffic
control functions and duties to the County over certain signalized
intersections and roads. The City now agrees to repeal and replace Interlocal Agreement
R83-1558 with the Agreement to transfer Authority over all County maintained
thoroughfare roadways and certain signalized intersections within the City’s
municipal boundaries to the County, as may be amended, and to outline certain
operations and maintenance duties retained by the City. Districts 2, 4, and 7 (YBH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
6. Staff recommends
motion to receive and file:
A)
an Adopt-A-Road Agreement
with Tortoise Realty Group, LLC, dated January 25, 2024; and
B)
an Adopt-A-Road Agreement
with XI Epsilon Chapter of Delta Sigma Theta Sorority, Inc., dated February 20,
2024.
SUMMARY: In accordance with Countywide PPM CW-O-051,
all delegated contracts, agreements, and grants must be submitted by the
initiating Department as a receive and file agenda item. The Adopt-A-Road
Program allows groups to perform litter removal along Palm Beach County
(County) maintained road rights-of-way. Each group is expected to conduct
litter removal activities at least four times a year. The County provides
recognition signs for each group at the beginning and end of the adopted road
segment, and picks up the litter bags. Each group must pay a fee to offset the
County’s costs to install the signs and remove the collected litter bags. The
fee is waived for non-profit groups. Countywide (YBH)
7. Staff recommends
motion to approve: Amendment No. 1 to the Guardrail Continuing Services
Construction Contract (R2023-0539), dated April 18, 2023, with Southeast
Highway Guardrail & Attenuators, LLC (SGA) to extend the expiration date
from October 16, 2024 to April 17, 2026 and increase the contract amount from
$1,500,000 to $3,000,000. SUMMARY:
Approval of this amendment will extend the expiration date from October 16,
2024 to April 17, 2026 and increase the contract amount from $1,500,000 to $3,000,000. The increased contract amount is based on
updated estimates that exceed the current contract amount to be expended
throughout Palm Beach County (County) by the user departments. Section 3 of the
special provisions in the contract allow for it to be amended while adhering to
all other original terms, conditions and unit prices of the contract. On July
6, 2022 the Goal Setting Committee applied an Affirmative Procurement
Initiative of a Small Business Enterprise (SBE) price preference. SGA did not agree
to any SBE participation. To date, tasks in the amount of $123,294 have been
authorized for SGA. SGA has an office
located in the County. This allowable extension is not to exceed 36 months
total contract time as the contract provides. Countywide (YBH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
8. Staff recommends
motion to approve: Amendment No. 2 to the Pathway & Minor
Construction Continuing Services Contract (R2023-0255) dated March 14, 2023
with Wynn & Sons Environmental Construction Company, LLC (WSE) to extend
the expiration date from September 13, 2024 to March 13, 2026. SUMMARY: Approval of this amendment will extend the
expiration date from September 13, 2024 to March 13, 2026 and recognize WSE’s
name change. Amendment No. 2 for WSE is
retroactive to January 20, 2023, which is when WSE filed Articles of Conversion
with the State of Florida to convert the firm’s name from Wynn & Sons
Environmental Construction Company, Inc. to Wynn & Sons Environmental
Construction Company, LLC. Section 3 of
the special provisions in the contract allows the parties to amend the contract
while adhering to all other original terms, conditions and unit prices of the
contract. On August 3, 2022, the Goal Setting Committee applied an Affirmative
Procurement Initiative of a 20% minimum
mandatory Small Business Enterprise (SBE) participation of which 5% must be Minority Business Enterprise (MBE) participation
for African-American and/or Hispanic American owned firms. WSE agreed to 22.51%
SBE and 20.24% MBE participation. To date, tasks in the amount of
$3,499,844 of the contract’s $26,200,000 have been authorized for WSE. The first amendment to the contract
(R2023-1839) dated December 19, 2023 modified pay items. WSE has an office
located in Palm Beach County. This allowable extension is not to exceed 36
months total contract time as the contract provides. Countywide (YBH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file:
A) Non-signatory Airline
Agreement (Airline Agreement) with Silver Airways LLC (Silver), providing for
the use of terminal facilities at the Palm Beach International Airport (PBI),
and the lease of 305 square feet of ticket office space, commencing on February
15, 2024, terminating on September 30, 2024, and automatically renewing on an
annual basis each October 1st until terminated;
B) Airline Service
Incentive Program Participation Agreement (Incentive Agreement) with Silver for
flights to Nassau, Bahamas (NAS), providing for the waiver of landing, per use
ticket counter, common use passenger processing system (CUPPS), and commuter
operating fees from February 15, 2024 through February 14, 2026;
C) Incentive Agreement
with Silver for flights to Tallahassee, Florida (TLH), providing for the waiver
of landing, per use ticket counter, CUPPS, and commuter operating fees from
February 15, 2024 through February 14, 2026;
D) Incentive Agreement
with Silver for flights to Tampa, Florida (TPA), providing for the waiver of
landing, per use ticket counter, CUPPS, and commuter operating fees from
February 15, 2024 through February 14, 2025; and
E) Incentive Agreement
with Silver for flights to Pensacola, Florida (PNS), providing for the waiver
of landing, per use ticket counter, CUPPS, and commuter operating fees from
February 15, 2024 through February 14, 2025.
Summary: The Airline Agreement authorizes Silver to operate from
the PBI terminal and provides for the lease of 305 square feet of airline
ticket office space. The Incentive Agreements provide for the waiver of certain
airport fees, including landing, per use ticket counter, CUPPS, and commuter
operating fees, to incentivize air service to destinations not currently served
by any other airline. The term of the
Incentive Agreements for flights to NAS and TLH is two (2) years. The term of
the Incentive Agreements for flights to TPA and PNS is one (1) year. In addition to the cities listed in each
Incentive Agreement, Silver will serve Marsh Harbour, Bahamas (MHH). No
incentives were provided for MHH since the destination is currently served by
BahamasAir. Silver commenced operations at PBI on March 5, 2024. Delegation of
authority for execution of the standard form Non-signatory Airline Agreement
was approved by the Board in R2019-1156. Delegation of authority for execution
of the standard form Incentive Agreement was approved by the Board in
R2014-0251. Countywide (AH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
2. Staff recommends
motion to approve: Ground Lease Agreement
(Lease) with 3114 Tuxedo, LLC
(Tuxedo), for the lease of approximately 74,097 square feet of ground area,
consisting of three parcels of land located adjacent to Pine Lake/Stub Canal,
east of the Palm Beach International Airport (PBI), together with a
non-exclusive, revocable license to a strip of land between Tuxedo’s property
and Pine Lake/Stub Canal, for ten years,
commencing on May 7, 2024 and expiring on May 6, 2034, with two renewal options
of five years each, for payment of initial annual rental in the amount
of $62,982.45. Summary: The Lease provides for the lease of three small parcels of remnant land
lying between Tuxedo’s property and Pine Lake/Stub Canal, consisting of a total
of approximately 74,097 square feet of ground, for the passive storage
of materials and equipment used in connection with Tuxedo’s construction
contracting business on Tuxedo’s adjoining property. Initial
annual rental is $62,982.45, which will be adjusted every three years,
commencing on October 1, 2025. The initial term of the Lease is ten years with
two renewal options of five years each. The Lease provides for
termination for convenience by either party upon 120 days’ written notice. The Lease
also grants Tuxedo a non-exclusive, revocable license to clear non-native
vegetation, trash and debris on a strip of land between Tuxedo’s property and
Pine Lake/Stub Canal. The license is for
the benefit of the County, and the license area may not be used for any other
purpose whatsoever. The parcels are small remnants of land that have no
aeronautical use based on their location, do not have access to a public
roadway and do not comply with minimum lot size requirements to permit
independent development. Tuxedo owns the only parcel adjacent to two of the
three parcels. The third parcel, consisting of approximately 6,617 square feet
of ground area, is bordered by a parcel owned Tuxedo and parcel owned by one
other owner. Notice was sent by certified mail to the two property
owners requesting letters of interest. Tuxedo was the sole respondent to express
interest in leasing the parcel. The Department of Airports recommends approval
of the Lease due to the lack of access and inability to develop the parcels for
other uses. Countywide (HJF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
3. Staff recommends
motion to approve: First Amendment (Amendment) First Amendment (Amendment) to Advertising
Concession Agreement at the Palm Beach International Airport (PBI) (R2019-0502)
(Agreement) with Clear Channel Airports, Inc., a Pennsylvania corporation
(Clear Channel), exercising the option to renew the Agreement to September 30,
2026, for payment of concession fees equal to 57% of advertising gross
revenues, but not less than a minimum annual guarantee (MAG) of
$689,254.76. Summary: The
Agreement provides for the installation, operation, and maintenance of
advertisement displays at PBI. The term of the Agreement expires on September
30, 2024, and provides for the option to renew for one additional period of two
years. Clear Channel pays concession fees equal to 57% of advertising gross
revenues, or a MAG, which is currently $689,254.76. The MAG adjusts annually based on the greater
of the preceding year’s MAG or 85% of the preceding year’s percentage fee. This
Amendment exercises the renewal option, extending the term to September 30,
2026, and adds provisions for liquidated damages for failure to timely submit
required reports and audits consistent with provisions added to other similar
agreements. An Airports Concession Disadvantaged Business Enterprise (ACDBE)
goal of 7.5% was established for this Agreement. The cumulative ACDBE
participation to date is 4.3%. Countywide
(AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: Annual Report for the Fiscal Year ending
September 30, 2023 from the Delray Beach Community Redevelopment Agency (DB
CRA). Summary: The DB CRA
has submitted the Annual Report for the Fiscal Year ending September 30, 2023
as per section number 163.356(3)(d) and 163.387(8), Florida Statutes. Countywide
(DB)
2. Staff recommends
motion to receive and file: Annual Report for the Fiscal Year ending
September 30, 2023 from the Town of Lake Park Community Redevelopment Agency
(TLP CRA). Summary: The
TLP CRA has submitted the Annual Report for the Fiscal Year ending September
30, 2023 as per section number 163.356(3)(d) and 163.387(8), Florida Statutes. Countywide
(DB)
3. Staff recommends
motion to receive and file: The Financial Statements for the Florida
Development Finance Corporation (FDFC) for the Fiscal Year ending June 30,
2023. Summary: The FDFC
has submitted their Financial Statements for Fiscal Year ending June 30, 2023
as per section number 288.9610, Florida Statutes. Countywide (DB)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
4. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$11,513 for the full satisfaction of a code enforcement lien entered against
Donald W. Miller and Prosperity Bay Village Homeowners Association, Inc. on
January 15, 2020. Summary: On
July 10 2019, a Code Enforcement Special Magistrate (CESM) issued an order
giving Donald W. Miller and Prosperity Bay Village Homeowners Association, Inc.
until November 7, 2019 to bring the property located at 2347 Prosperity Bay
Court, Palm Beach Gardens into full code compliance. Violations imposed against
the property included exterior structure disrepair to both the pool retaining
walls and garage door along with a boat dock, roof structure and boat lift
installed without permits. Compliance with the CESM’s Order was not timely
achieved, and a fine of $75 per day was imposed. The CESM executed an order
imposing a code lien against Donald W. Miller and Prosperity Bay Village
Homeowner’s Association Inc. on January 15, 2020. The Code Enforcement Division (Code
Enforcement) issued an affidavit of compliance for the property on January 19,
2024. Settlement discussions began on March 1, 2024, when the total accrued
fines amounted to $115,121.45. Mr. James Burns, Esq., the legal representative
for Mr. Miller’s estate, has agreed to pay Palm Beach County $11,513 (10%) for
full settlement of the outstanding code enforcement lien. District 1 (SF)
5. Staff recommends
motion to approve: a negotiated settlement offer in the amount of $38,500
for the full satisfaction of a code enforcement lien entered against Chuck J.
& Frankie Argentine on October 4, 2006. Summary: On February 1, 2006, a Code Enforcement
Special Magistrate (CESM) issued an order giving Chuck J. & Frankie
Argentine until June 1, 2006 to bring their property located at 106 Northview
Drive, Jupiter into full code compliance. Violations imposed against the
property included an enclosed garage and shed without permits. Compliance with
the CESM’s Order was not timely achieved, and a fine of $50 per day was
imposed. The CESM executed an order imposing a code lien against the Argentines
on October 4, 2006. The Code Enforcement Division (Code Enforcement) issued an
affidavit of compliance for the property on November 13, 2023. Settlement
discussions began on March 1, 2024, when the total accrued fines amounted to
$319,022.52. Mr. James C. Burns, Esq., the legal representative for the
Argentines, has agreed to pay Palm Beach County $38,500 (12%) for full
settlement of the outstanding code enforcement lien. District 1 (SF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Amendment
No. 1 with two (2) firms extending the contract term for one (1) year to
provide architectural services on a continuing contract basis for federally
funded projects through May 16, 2025.
Contractor Resolution #
A) Colomé & Associates, Inc. R2022-0485
B) Williamson
Dacar Associates Inc. R2022-0486
Summary: On May 17, 2022, the Board of County Commissioners (Board) approved the
architectural services continuing contracts for projects funded in whole or in
part from federal funds. Amendment No. 1 extends the term of these continuing
contracts for architectural services for projects that are federally funded
through May 16, 2025. To date, the firms have been awarded a cumulative value
of $951,304.67 in consultant services authorizations. The original contract
provided for an initial term of two (2) years with three (3) renewal options
each for a period of one (1) year. Additionally, Amendment No. 1 modifies the
hourly rate schedule for Williamson Dacar Associates Inc. Work is authorized
through individual task assignments when required during the term of these
continuing contracts. Projects under these continuing contracts may be funded
in whole or in part by federal grants from the United States (US) Department of
Transportation, Federal Transit Administration, grants from the Housing and
Urban Development (HUD) Community Development Block Grant Program or grants or
reimbursements from Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA). This contract is exempt from the Equal Business
Opportunity (EBO) Ordinance pursuant to section 2-80.22 thereof. (Capital
Improvements) Countywide (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve: a Service
Agreement with the Town of Lake Park for the use of approximately 130 square
feet of office space within Lake Park Public Library located at 529 Park Avenue
in Lake Park for an initial term of five years through May 14, 2029, with
automatic one-year renewals, at no cost to the County. Summary: This Service Agreement (Agreement) is for
approximately 130 square feet of office space to establish a Palm Beach County
Community Services (Community Services) satellite office to directly assist the
residents of the Town of Lake Park (Town). This satellite office will be used
by Community Services staff to provide navigation linkage and customer service
to general public at risk of experiencing homelessness, at least one time per
week, during business operating hours of the Library. The initial term of this
Agreement becomes effective upon execution by the Board of County
Commissioners, expires on May 14, 2029, and automatically renews annually
unless either party cancels the Agreement upon sixty (60) days prior written
notice to the other. There is no cost for the use and occupancy of the
premises. The Town is responsible for providing janitorial, water, sewer, waste
disposal, electricity and telephone utility services. The Property & Real Estate Management
division will have administrative responsibility for this Service Agreement.
There is no fiscal impact associated with the approval of this item. (Property
& Real Estate Management) District 7 (HJF)
3. Staff recommends
motion to approve:
A) the second option to extend the term of the
Lease Agreement (R2014-0711) with Lutheran Services Florida, Inc. (LSF), a Florida
not-for-profit corporation, for the continued use of the South Bay Head Start
facility located at 990 US Highway 27 North for the period of May 20, 2024
through May 19, 2029 at an annual rental of $1.00; and
B) the second option to extend the term of the Lease Agreement (R2014-0713)
with LSF a Florida not-for-profit corporation, for the continued use of the
West Palm Beach Head Start facility located at 100 South Chillingworth Drive
for the period of May 20, 2024 through May 19, 2029 at an annual rental of
$1.00.
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Summary: On May 20, 2014, the Board of County
Commissioners (Board) approved Lease Agreements with LSF for the Head Start
facilities in South Bay and West Palm Beach to enable LSF to assume
responsibility for the provision of Head Start program services. The initial term of the Leases were for five
(5) years expiring on May 19, 2019, with two (2) five (5) year extension
options. LSF has provided notice to
exercise its second and final five (5) year extension option for the period of
May 20, 2024 through May 19, 2029. The
annual rent for each Lease will remain at $1.00. The County has the right to terminate the
Leases: 1) immediately if LSF’s grant application is not approved or funded on
or before June 30 for the upcoming budget period, which runs between October 1
to September 30, or 2) with a 180 days’ notice prior to the end of the grant
year. LSF may terminate the Leases with
90 days’ notice but will remain obligated to fund 50% of the Repair and
Replacement (R/R) Projects that have been undertaken by the County in that
year. Property & Real Estate
Management Division will continue to manage these Leases. (PREM) District 6 & 7 (HJF)
4. Staff recommends
motion to approve: a Utility Easement Agreement (Easement) in favor of
Florida Power & Light Company for the construction, operation and
maintenance of electric transmission lines on monopole structures at the
Mid-County Senior Center/Central County Housing Resource Center located at 3680
Lake Worth Road in unincorporated Palm Beach County, for $55,000. Summary:
Florida Power & Light Company (FPL) is constructing the Cedar-Ranch
Transmission Line Project (Project) which will connect the Cedar-Ranch 138 kV
transmission line to Greenacres to Osborne line section and the Lake Worth
Beach Electric Utility Canal substation in Palm Beach County. During
construction of the Project, FPL identified 0.05 acres of County owned property
located at the Mid-County Senior Center/Central County Housing Resource Center
(MCSC/CCHRC) for which it requires an utility easement (Easement) in order to
complete the Project. The proposed Easement
will encumber two areas fronting Lake Worth Road; one area containing
approximately 219 square feet (.01 acre) and another area containing
approximately 2,076 square feet (.04 acre). FPL has offered to pay $55,000 for
the Easement as the Project is for an independent transmission line that does
not benefit County property. A
non-exclusive easement will be granted for $55,000 and will be recorded to
provide public notice of its existence and location. (Property & Real Estate Management) District
3 (HJF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
5. Staff recommends
motion to approve: a Declaration of Easement in favor of Palm Beach County
for a storm water management system required for the new County Fire Station
No. 40 located at 4700 White Feather Trail in unincorporated Palm Beach County. Summary:
Fire Station No. 40 (Facility) is located on White Feather Trail east of
Military Trail in unincorporated Palm Beach County. The County’s Engineering
and Public Works Department (Engineering) requires an easement for the
installation of a new storm water management system that handles the storm
water for the Facility and the road right-of-way for Military Trail. This Easement encompasses an area containing
approximately 60,673.7 square feet (1.39 acres). The Easement will be recorded to provide
notice of its existence and location.
There is no fiscal impact associated with approval of this item. (Property & Real Estate Management) District
2 (HJF)
6. Staff recommends
motion to approve:
A) the second option to extend the term of the
Restated Lease Agreement (R2015-0567) with Lutheran Services Florida, Inc.
(LSF), a Florida not-for-profit corporation, for the continued use of the
Jupiter Head Start facility located at 6415 W. Indiantown Road for the period
of May 20, 2024 through May 19, 2029 at an annual rental of $1.00;
B) the second option to extend the term of the
Restated Lease Agreement (R2015-0569) with LSF, a Florida not-for-profit
corporation, for the continued use of the Riviera Beach Head Start facility
located at 1440 Dr. Martin Luther King Jr. Blvd. for the period of May 20, 2024
through May 19, 2029 at an annual rental of $1.00; and
C) the second option to extend the term of the
Restated Lease Agreement (R2015-0571) with LSF, a Florida not-for-profit
corporation, for the continued use of the Westgate Head Start facility located
at 3691 Oswego Avenue, West Palm Beach for the period of May 20, 2024 through
May 19, 2029 at an annual rental of $1.00.
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Summary: In 2015, the Board of County Commissioners
(Board) approved Restated Lease Agreements with LSF for the Jupiter, Riviera
Beach, and Westgate Head Start facilities. The initial terms of the Restated
Leases were for five (5) years ending on May 19, 2019, and included two (2)
five (5) year extension options. LSF has
provided timely notice to exercise its second and final five (5) year extension
option for the period of May 20, 2024 through May 19, 2029. The Restated Leases require LSF to pay a pro
rata share of the County’s annual maintenance expenses. The annual rent for
each Lease shall remain at $1.00. The
County has the right to terminate the Leases: 1) immediately if LSF’s grant
application is not approved or funded on or before June 30 for the upcoming budget
period, which runs between October 1 to September 30 or 2) with a 180 days’
notice prior to the end of the grant year. LSF may terminate the Leases with 90
days’ notice prior to the end of a grant year. Property & Real Estate
Management Division will continue to have administrative responsibility for
this Agreement. (PREM) District 1
& 7 (HJF)
7. Staff recommends
motion to receive and file: an ATM Operating License Agreement with
Guardians Credit Union for the term of February 18, 2024 through February 17,
2027, for automated teller machines placed in the following locations:
A) Vista Center, 2300 N. Jog Road, West Palm Beach, FL 33411;
B) PBC Criminal Justice Complex, 3228 Gun Club Road, West Palm Beach, FL
33406;
C) South County Courthouse, 200 W. Atlantic Avenue, Delray Beach, FL 33444;
D) Main County Courthouse, 205 N. Dixie Highway, West Palm Beach, FL 33401;
and
E) North County Courthouse, 3188 PGA Boulevard, Palm Beach Gardens, FL
33410.
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. This ATM Operating License
Agreement (License Agreement) has been executed on behalf of the Board of
County Commissioners (Board) by the Director of Facilities Development and
Operations in accordance with the delegation of authority approved by the
Board. This License Agreement commenced on February 18, 2024 and will
extend through February 17, 2027, with two (2) extension options of one (1)
year each; has no rent or fees; and may be terminated by either party, for any
reason, upon thirty (30) days written notice to the other party. Property &
Real Estate Management Division will continue to administer this License
Agreement. (Property & Real Estate
Management) Districts 1, 3 & 7 (YBH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
8. Staff recommends
motion to approve: a Fourth Amendment to Concessionaire Lease Agreement
with SW Hospitality Group LLC, a Florida Limited Liability Company, to extend
the term of the Agreement from July 25, 2024 to July 24, 2026. Summary:
On July 25, 2019, the Board of County Commissioners (Board) approved a
Concessionaire Lease Agreement (Agreement) with Osprey Point Restaurant
Management, LLC (R2019-1060) to provide food and beverage concessions at Osprey
Point Golf Course in Burt Aaronson South County Regional Park for a term of
three (3) years plus two 2-year options to extend. On August 17, 2021, the Board approved the
First Amendment (R2021-1075) approving change in ownership from Osprey Point
Restaurant Management, LLC to Thoroughbred Holdings, LLC. On April 18, 2023,
the Board approved the Second Amendment (R2023-0496) approving the change of
ownership from Thoroughbred Holdings, LLC to SW Hospitality LLC. On August 22, 2023, the Third Amendment
(R2023-1107) retroactively extended the Agreement from July 25, 2022 to July
24, 2024. This Fourth Amendment extends the Agreement from July 25, 2024 to
July 24, 2026. All other terms and conditions of the Agreement remain
unchanged. The Parks and Recreation
Department (Parks) will continue to have administrative responsibility for the
Agreement. (Property & Real Estate Management) District 5 (HJF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
9. Staff recommends
motion to receive and file: Change Order No. 11 to the contract
(R2021-1072) with The Morganti Group, Inc. for the Fire Station No. 40 project
in the amount of $74,068.15, increasing the project duration by 61 calendar
days. Summary: On August 17, 2021, the Board of County
Commissioners (Board) approved the contract (R2021-1072) with The Morganti
Group, Inc. in the amount of $4,547,000 to construct a two (2) bay single story
prototypical fire station that is approximately 6,700 square feet in size with
nine (9) bunk rooms, weight room, kitchen, dayroom, detached generator,
dumpster building, water retention systems and associated infrastructure.
Change Order No. 11 authorizes labor and material for additional general
contracting and electrical services for Fire Station No. 40. Change Order No.
11 also increases the project duration by 61 calendar days. In accordance with
Policy and Procedure Memorandum (PPM) CW-F-050, when the cumulative value for
additional work exceeds the greater of 5% or $250,000 of the original contract
value and/or time extensions to a project totals or exceeds 120 calendar days
of the original project completion date (Threshold Amount), then an agenda item
notifying the Board of the item that puts the cumulative value in the excess
category must be presented as a receive and file. To date, the cumulative value
of additive change orders, including Change Order No. 11, totals $323,952.75
with a cumulative value of time extensions in the amount of 139 calendar days.
This agenda item is being submitted to notify the Board that the cumulative
value of changes or additional work is in excess of the $250,000 and the 120
calendar days Threshold Amount established by PPM CW-F-050. This project was
competitively advertised on March 7, 2021 in accordance with the Palm Beach
County Purchasing Code and pursuant to the requirements of the Equal Business
Opportunity (EBO) Ordinance. This project was presented to the Goal Setting
Committee on February 3, 2021 and the Committee established an Affirmative
Procurement Initiative (API) of a mandatory 20% Small Business Enterprise
subcontracting goal of which 5% must be from a Minority Business Enterprise
(MBE) – African or Hispanic for the contract. The SBE participation for this
change order is 80.83%, of which 80.83% is MBE. To date, the overall SBE
participation on this project is 22.70% SBE participation, of which 9.66% is
MBE. The Contractor is not a certified SBE. The Contractor is a Palm Beach
County business. This project is funded from the Fire Rescue Improvement
Fund. (Capital Improvements Division) District 2 (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
10. Staff recommends
motion to approve: Supplement #1 to Consultant Services Authorization
(CSA) No. 9 to the continuing consulting services/design professional services
contract (R2019-1898) with Architecture Green LLC (Consultant) in the amount of
$318,435.89 for the North County Aquatic Complex-Restrooms and Locker Rooms
Renovations project. Summary: On December 17, 2019, the
Board of County Commissioners (Board) approved the continuing consulting
services/design professional services contract (R2019-1898) with the Consultant
to provide architectural/engineering services for various projects. On February
6, 2024 the Board approved CSA No. 9 (R2024-0153) which authorized professional
services necessary to renovate the existing 50 meter pool/dive well and
construct a splash pad for the North County Aquatic Complex-Pool Renovation and
New Splash Pad project. The Parks and Recreation Department desires additional
services to renovate the existing men’s and women’s restrooms and locker rooms
to better serve the users of the North County Aquatic Complex Facility. Under
Supplement #1 to CSA No. 9 (Supplement #1), the Consultant will provide the
professional services (i.e. design, construction document preparation, permitting
and construction administration services) necessary for the North County
Aquatic Complex-Restrooms and Locker Rooms Renovations project. The continuing
consulting services/design professional services contract was presented to the
Goal Setting Committee on August 7, 2019 and the Committee established
Affirmative Procurement Initiatives (APIs) of a minimum mandatory 20% Small
Business Enterprise (SBE) participation and an SBE evaluation preference for
the selection. The Consultant committed to achieving an SBE goal of 100%. The
SBE participation on this Supplement is 92.30%. To date, the cumulative SBE
participation on the contract is 87.72%. The Consultant is a local and SBE
certified firm. Funding for this project is from the Infrastructure Sales
Tax Fund. (Capital Improvements Division) District 1 (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
11. Staff recommends
motion to receive and file: Emergency Work Order No. 6 to the
Construction Manager (CM) at Risk Services contract (R2016-0430) with Hedrick
Brothers Construction Co., Inc. (CM), establishing a Guaranteed Maximum Price
(GMP) in the amount of $128,961 for the Detention Facilities
Renewal/Replacement (R/R)-Main Detention Center (MDC) South Tower Exterior
Insulation Finishing System (EIFS) Repairs project for a period of 30 calendar
days from notice to proceed. Summary: On April 5, 2016, the
Board of County Commissioners (Board) approved the CM at Risk Services contract
(R2016-0430) with the CM for construction management services for the Detention
Facilities project. The Detention Facilities project includes
renewal/replacement of major building systems at the County’s detention
facilities including the MDC, the Western Detention Center (WDC) and the
Central Detention Center (CDC). The project includes the R/R of the following
major building systems at these detention facilities: mechanical, including
heating ventilation and air conditioning (HVAC); fire protection; plumbing and
boilers; electrical; low voltage (including electronic security systems and
fire alarm), security doors and hardware; roofing; weatherproofing and other
similar improvements. Emergency Work Order No. 6 establishes a GMP in the
amount of $128,961 for construction management services necessary for the
Detention Facilities R/R-MDC South Tower EIFS Repairs project. A section of
EIFS failed on the 12th floor exterior corner of the South Tower at
the MDC Facility requiring repairs. This failure may have been caused by a
gradual deterioration of the adhesive combined with rain infiltration and high
winds. Other adjacent portions of the EIFS appeared to also be loose and at
risk of failure. It was important to effectuate repairs as soon as possible to
seal the breach in the exterior envelope in order to minimize damage, minimize
moisture migration and stabilize the building envelope prior to hurricane
season. The CM at Risk Services contract
was awarded pursuant to the Small Business Enterprise (SBE) Ordinance in place
at the time however GMP amendments initiated after January 1, 2019, are subject
to the requirements of the Equal Business Opportunity (EBO) Ordinance. However,
this project was awarded as an emergency work order in accordance with sections
2-52 and 2-54(f)(4) of the County’s Purchasing Code. The Director of the
Facilities Development and Operations Department (FD&O) executed this
emergency work order under its construction authority pursuant to the
Purchasing Code Section 2-53(f). Pursuant to section 2-80.22 of the Equal
Business Opportunity (EBO) Ordinance and the County PPM CW-O-043, this
emergency work order is exempt from the EBO requirements. In accordance with
PPM CW-F-050, staff is submitting this emergency work order to the Board of
County Commissioners as a receive and file item for transparency and for
informational purposes. The CM is a local business. Funding for this project
is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) District
3 (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
12. Staff recommends
motion to approve: Work Order No. 24-001 to the annual electrical
contract (2022-0694) with Zabatt Engine Services, Inc. dba Zabatt Power
Systems, Inc. (Contractor) in the amount of $2,198,176 for the Eagle
Academy-Generator (Re-bid) project for a period of 450 calendar days from
notice to proceed. Summary: The project consists of
the replacement of the existing generator with two (2) new generators. The
existing generator has outlived its useful life and needs to be replaced.
Additionally, the existing generator is unable to accommodate the future needs
of the Eagle Academy Facility located at 38673 James Wheeler Way, Belle Glade,
which currently support a secondary communications center for the Palm Beach
County Sheriff’s Office (PBSO). Work Order No. 24-001 authorizes the
construction services necessary to furnish all labor, equipment, devices,
tools, materials, transportation, professional services, supervision, drawings,
permitting and all miscellaneous requirements necessary to remove the existing
1250 Kilowatt (KW) generator and replace it with two (2) new 800 KW generators
and associated above ground fuel tank for the Eagle Academy Facility. The new
generators will better serve the users of the facility and will also facilitate
the future expanding needs of the facility. This project was competitively
advertised and new contractors were invited to bid on the project by submitting
prequalification documents prior to the submission of the bid response. The
Contractor will have 450 calendar days from notice to proceed to substantially
complete the project. Liquidated damages for failure to achieve certification
of substantial completion within the contract time or approved time extension
thereof are $235 per day. This Work Order was solicited pursuant to the annual
electrical contract and the requirements of the Equal Business Opportunity
(EBO) Ordinance. The electrical annual contract was presented to the Goal
Setting Committee on June 5, 2019 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 if its
bid is within 10% of the lowest non-small business bid for projects $100,000 or
greater. Since this project is greater than $100,000, the SBE price preference
API was applied. The SBE participation on this Work Order is 0.46%. Cumulative
SBE participation on the annual electrical contract is 52.79%. Funding for
this project is from the Public Building Improvement Fund and 47.315M NAV Pub
Imp Rev Bonds, 23C, CP, Var Fac Proj Fund. (Capital Improvements Division) District
6 (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
13. Staff recommends
motion to approve: Work Order No. 24-012 to the annual minor
construction services contract (R2020-0143) with Andrea Construction, Inc.
(Contractor) in the amount of $285,000 for the Guardian Ad Litem-Renovations
project for a period of 730 calendar days from notice to proceed. Summary: The project consists of
the renovation of the Guardian Ad Litem space on the second floor of the Main
County Courthouse building. Work Order 24-012 authorizes the construction
services necessary to furnish all labor, equipment, devices, tools, materials,
transportation, professional services, supervision, drawings, permitting and
all miscellaneous requirements necessary for the Guardian Ad Litem-Renovations project.
This project was competitively advertised and new contractors were invited to
bid by submitting prequalification documents prior to the submission of the bid
response. The Contractor will have 730 calendar days from notice to proceed to
substantially complete the project. Liquidated damages for failure to achieve
certification of substantial completion within the contract time or approved
time extension thereof are $120 per day. This Work Order was solicited pursuant
to the annual minor construction services contract and the requirements of the
Equal Business Opportunity (EBO) Ordinance. The annual minor construction
services contract was presented to the Goal Setting Committee on August 21,
2019. The Committee applied the following three Affirmative Procurement
Initiatives (APIs): 1) sheltered market for projects under $100,000; or 2) a
small business enterprise (SBE) contractor will be given a price preference if
its bid is within 10% of the lowest non-small business bid on a single trade
project $100,000 or greater; or 3) a mandatory 25% SBE subcontracting goal for
a multi-trade project $100,000 or greater. Since this is a multi-trade project
over $100,000, the mandatory 25% SBE subcontracting goal API was applied. SBE
participation for this Work Order is 74.60%. Cumulative SBE participation on
the annual minor construction services contract is 64.32%. The Contractor is a
certified SBE company and a Palm Beach County business. Funding for this
project will be from the Public Building Improvement Fund. (Capital
Improvements Division) District 7 (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
14. Staff recommends
motion to approve: A contract with Saltz Michelson Architects, Inc. (Consultant)
in the amount of $314,122.94 to provide professional architectural/engineering
(A/E) design, programming, structural assessment, design, permitting and
construction administration services for the West County Administration
Building Modifications/Renovations project.
Summary: The
existing West County Administration Building is located at 2976 State Road 15,
Belle Glade. The West County Administration Building is in need of
modifications/renovations in order to bring the building into compliance with
current Americans with Disabilities Act (ADA) and County standards. The
modifications/renovations to be implemented will additionally better serve the
current needs of the public and users of the West County Administration
Building. Professional services for this contract include A/E design,
programming, structural assessment, design, permitting and construction
administration services for approximately 10,000 square feet of renovations to
the first and second floor, south wing of the building; office renovations to
the second floor, north wing of the building to accommodate the District
Commissioner’s offices, and interior renovations which include, but are not
limited to, upgrades and replacement to select existing building mechanical
systems, lighting systems, fire alarm systems, access control systems,
restrooms, and elevator equipment/controls in order to bring the existing
building into compliance with current ADA and County standards. Work also includes,
but is not limited to, exterior improvements to the building which includes
repair/replacement to select existing adjacent concrete walkways, replacement
of exterior doors and entrance storefronts, replacement of exterior windows,
replacement of perimeter site lighting, and reconfiguration/modernization of
interior spaces. The solicitation for design professionals was advertised on
June 18, 2023 according to the Equal Business Opportunity (EBO) Ordinance, with
final selection taking place on October 26, 2023. The project was presented to
the Goal Setting Committee on June 7, 2023. The Committee established
Affirmative Procurement Initiatives (APIs) of a mandatory minimum Small
Business Enterprise (SBE) goal of 20% participation and a Minority Business
Enterprise (MBE) evaluation preference for African American firms. The
Consultant committed to a 25% SBE participation goal, of which 18% is MBE
participation from African American businesses for this contract. The SBE
participation on this contract is 25.02% of which 22.35% is MBE participation
from African American businesses. Funding for this project is from the
Public Building Improvement Fund. (Capital Improvements Division) District
6 (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to receive and file: Amendment 002 to Agreement (R2022-0707) with the City of South Bay, dated October 1,
2021, in the amount of $492,708 funded
under various Fiscal Years for the
Community Development Block Grant (CDBG) program, to extend the Agreement
expiration date from January 31, 2024 to May 31, 2024. SUMMARY: The 2021 Agreement (R2022-0707) provided $368,680
in funding for various improvements at the Cox Park, including paving of
parking lot, new concrete pathway, railings, gate, lighting and ADA compliant
bathroom fixtures. Amendment 001
provided additional funding in the amount of $124,028 for a total of $492,708
in CDBG funds. Amendment 002 to the
Agreement is necessary to allow the City additional time to complete final
invoicing, project close-out and request 100% reimbursement of CDBG funds from
the County, hereby extending the Agreement expiration date to May 31,
2024. The original Agreement (R2022-0707)
was received and filed by the Board of County Commissioners (BCC) on July 12,
2022. Amendment 001 (R2023-0499) was received and
filed by the BCC on April 18, 2023.
Amendment 002 has been executed on behalf of the BCC by the Director of the
Department of Housing and Economic Development in accordance with R2021-0948; dated July 13, 2021 that delegated
authority to the County Administrator or designee to execute forms,
certifications, funding agreements, amendments thereto, and all other documents
necessary for implementation of the Consolidated Plan, Action Plan, CDBG, HOME
and ESG activities. County PPM CW-O-051 provides that all contracts,
agreements and grants signed with delegated authority must be submitted by the
initiating department as a receive and file agenda item. These
are Federal CDBG funds which do not require a local match. District 6 (HJF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
2. Staff recommends
motion to receive
and file: Amendment 005 to Loan Agreement R2021-1076 with Habitat Housing Solutions for $315,672, for the construction of three
(3), for-sale, single family homes, to extend the certificate of occupancy
issue date from September 30, 2023 to May 31, 2024 and to extend the date by
which the units are to be sold by and placed into service from December 31,
2023 to July 31, 2024. SUMMARY: The Loan Agreement (R2021-1076) with Habitat Housing Solutions,
Inc., provided $315,672 in HOME
funding toward the construction of three (3) single family affordable housing
units located at 540 SW 8th Street in Belle Glade, 205 S. Barfield
Highway in Pahokee, and 290 Cypress Avenue in Pahokee. Amendment 005 modified the Loan Agreement to extend the certificate of occupancy issue
date to May 31, 2024, and to extend the date by which the units are to be sold
by and placed into service to July 31, 2024., Amendment 005 has been executed on behalf of the
Board of County Commissioners (BCC) by the Director of the Department of Housing and
Economic Development (DHED) in accordance with Agenda Item R2018-1061 as approved by the BCC on July 10, 2018 that delegated authority to the
County Administrator or designee to execute standard forms, certifications,
funding agreement, amendments thereto, and all other documents necessary for
implementation of the Action Plan, CDBG, HOME and ESG activities. County PPM CW-O-051 provides that all contracts,
agreements and grants signed with delegated authority must be submitted by the
initiating department as a receive and file agenda item. HOME Program grant funds are
Federal funds which require a 25% local match provided by SHIP funds. District
6 (HJF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
3. Staff recommends
motion to receive
and file: Amendment 004 to Loan Agreement R2021-1078 with Habitat Housing Solutions for $625,000 in HOME funding and a $65,000
HOME/CHDO grant, for the construction of five (5), for-sale, single family
homes, to extend the certificate of occupancy issue date from September 30,
2023 to February 28, 2024 and to extend the date by which the units are to be
sold by and placed into service from December 31, 2023 to May 31, 2024. SUMMARY: The Loan Agreement (R2021-1078) with Habitat
Housing Solutions, Inc., provided
$625,000 in HOME funding and a $65,000
HOME/CHDO grant, toward the construction of five (5) single family
affordable housing units located at 641 SW Ave D, Belle Glade, 135 SW 10th
Ave, South Bay, 275 Begonia Drive, Pahokee, 109 NW 6th Ave, Belle
Glade, and 322 N E Street, Lake Worth Beach. Amendment 004 modified the Loan Agreement to extend the certificate of occupancy issue
date to February 28, 2024, and to extend the date by which the units are to be
sold by and placed into service to May 31, 2024. Amendment 004 has been executed on
behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and
Economic Development (DHED) in accordance with Agenda Item 6D-1 as approved by the BCC on July 14, 2020 that
delegated authority to the County Administrator or designee to execute standard
forms, certifications, funding agreements, amendments thereto, and all other
documents necessary for implementation of the Consolidated Plan, Action Plan,
CDBG, HOME and ESG activities. County PPM CW-O-051
provides that all contracts, agreements and grants signed with delegated
authority must be submitted by the initiating department as a receive and file
agenda item. HOME Program grant
funds are Federal funds which require a 25% local match provided by SHIP funds.
District 3 & 6 (HJF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC DEVELOPMENT (cont’d.)
4. Staff recommends
motion to receive and file: a Loan Agreement with ME-ST, LLC, for ARPA
Response Replacement Funds in the amount of $600,000. SUMMARY: The Loan Agreement with ME-ST,
LLC, provided $600,000 (the “Loan”) in ARPA Response Replacement Fund toward
the construction of a 14-unit multifamily rental development located at 4825
Maine Street in Lake Worth Beach. All County assisted units will be provided to
persons with incomes at 80% of the Area Median Income or below for no less than
30 years. The Loan will be secured by a
mortgage at a rate of one and one-half percent 1.5% per annum amortized over a
period of thirty (30) years. Total
development cost is $1,959,985. The
County-assisted per unit cost is $42,857. 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 (DHED) in
accordance with Agenda Item 5B-1, as
approved by the BCC on June 13, 2023 that delegated authority to the County
Administrator or designee to execute agreements, amendments thereto, and all
other related documents necessary for project implementation. Agenda Item 5B-1
dated June 13, 2023, awarded
ARPA funds to successful respondents to Request for Proposal HES.2023.2. County PPM CW-O-051
provides that all contracts, agreements and grants signed with delegated
authority must be submitted by the initiating department as a receive and file
agenda item. These are County ARPA Response Replacement Fund that
do not require a local match. District
3 (HJF)
5. Staff recommends
motion to receive and file: Amendment 1 which renews an Interlocal
Agreement (R2019-0625) with the Boynton Beach Community
Redevelopment Agency (CRA) to provide assistance related but not limited to
economic development impact estimates for an additional five (5) year
period commencing May 7, 2024 through May 7, 2029. SUMMARY: Amendment 1 to the Interlocal
Agreement with the CRA is intended to provide services based on a written scope
of services requested and provided by the CRA on an as needed basis. Based on
the CRA’s requested scope of services, the County will provide a good faith
estimate of the cost to perform the scope of services. The written scope of
services combined with the good faith estimate, shall be approved by the County
Administrator, or designee, and the CRA’s Executive Director. Amendment 1 has
been executed on behalf of the BCC by the Director of the Department of Housing
and Economic Development in accordance with R2019-0625; dated May 7, 2019 that
delegated authority to the County Administrator or designee to execute future
amendments or modifications to the Interlocal Agreement with the CRA. County
PPM CW-O-051 provides that all contracts, agreements and grants signed with
delegated authority must be submitted by the initiating department as a receive
and file agenda item. District 7 (DB)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
6. Staff recommends
motion to receive and file: a Loan Agreement with Community Land Trust of
Palm Beach County and the Treasure Coast, Inc. (CLT of PBCTC) for ARPA Response
Replacement Funds in the amount of $287,709.
SUMMARY: The Loan Agreement with CLT of PBCTC provided
$287,709 (the “Loan”) in ARPA Response Replacement Fund toward the construction
of the North “E” Street Cottage Homes project in Lake Worth Beach. The project
is comprised of three (3) affordable single-family homes on three sites donated
by the Lake Worth Beach CRA. Each home
will consist of three (3) bedroom/two (2) baths. While these for sale homes can be sold to
families with incomes between 60% - 120% of the Area Median Income (AMI),
priority is given to those whose income does not exceed 100% AMI and the homes
will be affordable in perpetuity. This is a forgivable zero interest loan.
Total development cost is $847,708.50.
The County-assisted per unit cost is $95,903. The ribbon cutting took place on April 24,
2024. The homes are being sold for $205,000. 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 (DHED) in
accordance with Agenda Item 6B-3, as
approved by the BCC on February 7, 2023 that delegated authority to the County
Administrator or designee to execute agreements, amendments thereto, and all
other related documents necessary for project implementation. County PPM CW-O-051
provides that all contracts, agreements and grants signed with delegated
authority must be submitted by the initiating department as a receive and file
agenda item. These are County
ARPA Response Replacement Fund that do not require a local match. District
3 (HJF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
7. Staff recommends
motion to receive and file: a Loan Agreement with Diverse Housing
Services, Inc. for State Housing Initiatives Partnership (SHIP) Program funds
in the amount of $1,262,000. SUMMARY: The Loan Agreement with Diverse
Housing Services, Inc., provided $1,262,000 (the “Loan”) in SHIP funding Fund
toward the rehabilitation of a 44-unit multifamily rental housing project known
as Amaryllis Gardens located at 362 J. Malone Drive, Pahokee. All County
assisted units will be provided to persons with incomes at no more than 100% of
the Area Median Income for no less than 50 years. This is an interest-free loan over a period
of 50 years with annual payment of principal made out of available Net Cash
Flow. Total development cost is
$2,470,000. The County-assisted per unit
cost is $28,682. The project will entail rehabilitation of 16 - two (2) bedrooms/one
(1) bathroom; 24 - three (3) bedrooms/one (1) bathroom, and 4 - four (4)
bedrooms/two (2) bathrooms units. 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 (DHED) in accordance with
Agenda Item 5B-3, as approved by the BCC
on December 19, 2023 that delegated authority to the County Administrator or
designee to execute agreements, amendments thereto, and all other related
documents necessary for project implementation. County PPM CW-O-051 provides that all contracts,
agreements and grants signed with delegated authority must be submitted by the
initiating department as a receive and file agenda item. These are
SHIP Program grant funds which require no local match. District 6 (HJF)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve: reappointment
of one (1) member to the Building Code Advisory Board (BCAB).
|
Reappointment |
Seat |
Requirement |
Recommended By |
Term |
|
Gary W. Kozan |
8 |
Plumbing |
Florida Assoc. Plumbing Gas &
Mechanical Inspectors, (FAPGMI) Palm Beach Chapter |
5/7/24 – 5/6/27 |
SUMMARY: BCAB is
authorized to advise local governments regarding adoption of administrative or
technical amendments to the Florida Building Code based on local conditions.
BCAB was established by a Special Act of the Florida Legislature in 1974, and
amended in 2001. The term of office for
board members is three (3) years with no limit to the number of terms a member
may serve. The Board is comprised of 16 members; one registered architect
appointed from nominees submitted by the Palm Beach Chapter of the American
Institute of Architects (AIA); one professional engineer appointed from
nominees submitted by the Palm Beach Chapter of the Florida Engineering Society
(FES); seven members appointed from nominees submitted by any recognized
regional industry trade association; and seven Building Officials, one from
each commission district, appointed from nominees submitted by the Building
Officials Association of Palm Beach County (BOAPBC). This Advisory Board has 16
seats, 13 currently filled and 3 vacancies, and a diversity count of Caucasian:
11 (85%), African-American: 1 (7.5%) and Asian-American: 1 (7.5%). The gender
ratio (male: female) is 12:1. The
nominee is a Caucasian male. Staff has addressed the need to increase diversity
within our board and will continue to encourage this in an effort to expand the
Boards diversity. Countywide (RM)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (cont’d.)
2. Staff recommends motion to approve: appointment of one (1) applicant to the Construction Board of Adjustments and Appeals (CBAA).
|
Reappointment |
Seat |
Requirement |
Term |
Nominated by |
|
Michael J. Riemer |
5 |
Engineer |
5/07/24 – 5/06/27 |
CBuck Engineering, Inc. |
SUMMARY: The CBAA hears appeals of decisions and interpretations of the Building Official, and consider variances of the technical codes. The CBAA was established by Palm Beach County Ordinance 89-31 and amended in
2002. The term of office for Board members is
three (3) years, with a limit of three
(3) consecutive three-year terms. The Board is
comprised of nine
regular members: one architect; one engineer; two Division 1 contractors (general,
building, or residential); one electrical contractor; one HVAC contractor;
one
plumbing contractor; a member at large from the public; and any other contractors licensed category. In addition to
these members, there should be two alternate members; one member with the qualifications referenced above; and one member at large from the public. The Board has 11 seats,
7
currently filled and 4 vacancies, and a diversity count of Caucasian: 5(71%),
African-American: 1(14.5%) and Hispanic: 1(14.5%). The gender ratio (male: female) is 6:1. The
nominee is a Caucasian male. Staff has addressed the need to increase diversity within our board and
will continue to encourage this in an effort to expand the Boards
diversity. Countywide (RM)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (cont’d.)
3. Staff recommends
motion to approve: New
appointment of one (1) member to the Historic Resources Review Board (HRRB).
|
Appointment |
Seat |
Requirement |
Recommended By |
Term |
|
Steven
G. Rappaport |
9 |
Attorney |
Mayor
Sachs Commissioner
Weiss |
5/7/2024
– 5/7/2027 |
SUMMARY: The HRRB was established by the Historic
Preservation Ordinance adopted on February 2, 1993, to make recommendations to
the Board of County Commissioners (BCC) regarding historic designations and
related matters. The Unified Land Development Code (ULDC) Article 2.G.3.H
specifies the membership of the HRRB. The term of office of each member is for
three (3) years. HRRB seats are at-large positions appointed by the BCC. The
Planning Division forwarded a memo (dated February 9, 2024) to the BCC
notifying the BCC of the vacancies, and requesting nominations. The advisory
board has nine seats, seven currently filled, and two vacancies, and a
diversity count of Caucasian: 7 (100%). The gender ratio (male: female) is 1:6.
The nominee is Steven G. Rappaport, who is a Caucasian male. Staff has
addressed the need to increase diversity within our boards and will continue to
encourage this in an effort to expand the Board's diversity. Unincorporated
(DL)
K. WATER UTILITIES
1. Staff recommends
motion to approve: the Interlocal Agreement (ILA) between Palm Beach County
(County) and the Village of
Palm Springs (Village) Regarding Congress
Avenue Sanitary Sewer Improvements. Summary: The ILA includes the extension/improvements of
the sewer infrastructure along Congress Avenue between Forest Hill Boulevard
and Summit Boulevard located in unincorporated Palm Beach County, contiguous
and adjacent to the corporate limits of the Village of Palm Springs. The
Village and the County desire to work cooperatively to provide the
infrastructure improvements necessary to extend sanitary sewer service to the
area by constructing a force main along Congress Avenue (Project). Per
the ILA, the Village
and the County will share equally
in the Project design and
construction costs up to $3 million after which the Village
will be responsible for all Project costs subject
to the budget and appropriation provision
as set forth in the ILA.
The Village will procure contracts
for the design and construction of the Project. This
Agreement shall terminate upon completion of the Project and all related
close-out requirements of the Project and this Agreement and the County's
reimbursement of its share of the
design and construction costs to the Village.
Village shall provide a bill of sale and easements
for the completed Project to the County, and any other reasonably necessary
Project close-out documentation required by the County, in a form reasonably
acceptable to the County and the Village. These
are County ARPA Response Replacement funds that do not require a local match.
District 3 (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
2. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 6 to the
Consulting/Professional Services Pressure Pipeline Engineering Services (Contract) with Mock, Roos & Associates,
Inc. (Consultant) for the Regional Transfer Pump Station Location Evaluation
(Project) for a not to exceed amount of $199,507. Summary: On April 20, 2021, the Board of County Commissioners approved the Palm
Beach County Water Utilities Department (PBCWUD) Contract (R2021-0505) with Consultant. CSA No.
6 provides professional engineering services to evaluate the feasibility of
constructing a transfer pump station along with the proposed route and size of
force main pipes to divert flow from the northern portion of the PBCWUD
wastewater service area to the Southern Region Water Reclamation Facility
(SRWRF). This Contract was procured under the requirements of the Equal
Business Opportunity Ordinance. On July 1, 2020, the Goal Setting Committee
applied an Affirmative Procurement Initiative (API) of a 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 34% SBE
participation, which includes 34% MBE participation, 34% MBE (B). CSA No. 6
includes 39.54% SBE participation, which includes 39.54% MBE, 39.54% MBE (B).
The cumulative SBE participation, including CSA No. 6, is 32.03%, which
includes 32.03% MBE, 32.03% MBE (B). Consultant is a Palm Beach County based
company. The Project is included in the PBCWUD FY24 budget. (PBCWUD Project No.
23-057) Countywide (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
3. Staff recommends
motion to receive and file: Two (2) Standard Reclaimed Water Development
Agreements, two (2) Standard Reclaimed Water Service Agreements Lake Discharge
System, and one (1) Memorandum of Understanding Regarding Water and Wastewater
Service, for the months of November and December 2023, and January 2024.
A) Standard Reclaimed
Water Development Agreement with SHP VI/Holden Delray LLC, SDA #09-90020-000
(District 5), Recorded in OR BK 34680 PG 20.
B) Standard Reclaimed
Water Service Agreement Lake Discharge System with SHP VI/Holden Delray LLC,
RWSA #09-90020-000 (District 5), Recorded in OR BK 34680 PG 31.
C) Standard Reclaimed
Water Development Agreement with Boca Raton Associates IX, LLLP, SDA
#09-90021-000 (District 5), Recorded in OR BK 34787 PG 1144.
D) Standard Reclaimed
Water Service Agreement Lake Discharge System with Boca Raton Associates IX,
LLLP, RWSA #09-90021-000 (District 5), Recorded in OR BK 34787 PG 1152.
E) Memorandum of
Understanding Regarding Water and Wastewater Service with Palm Beach County
Facilities Development and Operations Department, MOU #01-01281-000 (District
3).
Summary: In
accordance with County PPM CW-O-051, all delegated contracts/
agreements/grants/ procurement items must be submitted by the initiating
Department as a receive and file agenda item and are attached unless the
documents have been recorded in the Public Records of Palm Beach County. The
documents have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Palm Beach County Water Utilities
Department (PBCWUD) in accordance with Resolutions R93-1619, R96-0228, and
R2003-0539 and are now being submitted to the BCC to receive and file. Districts
3 & 5 (MWJ)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: a
continuing proxy appointing Vice Mayor Maria G. Marino as Palm Beach County’s
(County) representative for the purpose of voting at the June 17, 2024
Landowners’ Annual Meeting and any subsequent landowner’s meetings of the
Pal-Mar Water Control District. SUMMARY: This proxy authorizes Vice Mayor Maria G.
Marino to vote on behalf of the County at the Pal-Mar Water Control District’s
annual landowner’s meeting on June 17, 2024, and thereafter until revoked. The County currently owns just under 359.39
acres within the Pal-Mar Water Control District (PMWCD). The County’s 359.39
acres constitute just over 50% of the total 715+ acres in the County
portion of Palm Beach Heights (part of PMWCD). There is no cost to the County. District
1 (DL)
2. Staff recommends motion to:
A) adopt a
Resolution for Assistance in support of a Waterways Assistance Program (WAP) Grant
Application to the Florida Inland
Navigation District (FIND)
to fund up to $917,950 or approximately 14% of the
costs for the South Lake Worth Inlet (SLWI) Sand Trap and Boat Channel Dredging
Project (Project) in the Lake Worth Lagoon; and
B) authorize the
County Administrator, or designee, to execute the Grant Project Agreement
(Agreement), to sign all future time extensions, task assignments,
certifications, 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, if the grant application is approved.
SUMMARY: The County will submit the grant application
to FIND requesting $917,950 in funding for the dredging and expansion of the
SLWI Sand Trap and Harvey E. Oyer Jr. Park Boat Channel. The total estimated
cost of the Project is $6,674,850. If awarded, the County will provide a match
in the amount of $5,756,900 representing an 86% cost-share for the design and
construction of the Project. Matching funds include $3,614,397 within existing
Florida Department of Environmental Protection (FDEP) Grant Agreement No. 23PB5
(R2023-0519), with the remaining $2,142.503 provided by the County. If the
grant application is approved, the County will be required to enter into a
Grant Project Agreement with FIND. At this time, there is no cost to the
County. District 4 (SS)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
3. Staff recommends
motion to approve: Consultant
Services Authorization No. 0090-07 (CSA) to Contract (R2023-0090) (Contract)
approved on January 24, 2023 with Olsen Associates, Inc. (Olsen) in the amount
of $195,326.24 to provide professional engineering, environmental surveys,
reporting, and documentation to be used in permit required monitoring. Summary: The Board of County
Commissioners approved the Contract with Olsen, a Jacksonville company, on
January 24, 2023. The CSA authorizes Olsen to conduct yearly topographic and
hydrographic surveys required by project permits. The CSA also contains
optional tasks for post-hurricane surveys and damage assessment reports to aid
in securing disaster assistance funding.
Costs will be paid from the Beach Improvement Fund. On April 6, 2022, the Goal Setting Committee
established a 20% mandatory Small Business Enterprise (SBE) subcontracting goal
and an SBE Evaluation Preference for Prime Respondents or Bidders (up to 15
points) as the Affirmative Procurement Initiatives. Olsen committed to an
overall 48% SBE participation in the Contract. SBE participation for this CSA
is 67.4%. The cost to the County is
$195,326.24. Districts 1 and
4 (YBH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
4. Staff recommends
motion to:
A) approve a Florida Department of Environmental Protection (FDEP) Office of
Greenways and Trails Application (Application) for Designation of Public Lands
or Waterways as part of the Florida Greenways and Trails System (FGTS) for a
54.6-acre portion (Designation Area) of Lake Park Scrub Natural Area (Natural
Area); and
B)
authorize the County
Administrator, or designee, to execute
the 20-year term, FDEP Florida Greenways and Trails Program Designation
Agreement (Agreement) for the Designation Area, and sign a Resource Certification (Certification) required under
the Agreement every five (5) years during the term of the Agreement, that do
not substantially change the scope of work, or terms and conditions of the Agreement, if the grant application is
approved.
SUMMARY: The Application requests that a 54.6-acre portion of the 54.78-acre
County-owned Lake Park Scrub Natural Area be designated as part of the FGTS;
the remaining 0.18-acres of the Natural Area contains multiple encroachments
and is excluded from this designation application. If the Application is
approved by the State’s Greenways and Trails Council, the County will be
required to sign a 20-year term Agreement substantially similar to the attached
agreement template in order to complete the designation. To maintain the designation, the County will be required to
submit a signed Resource Certification form at the request of FDEP every five
(5) years following execution of the Agreement. The Certification confirms that
the site’s natural, recreational, cultural, and/or historic resources are being
maintained in a manner consistent with the Agreement. The natural and
historical resources found within the Designation Area are maintained pursuant
to the Board-approved Management Plan (Agenda Item 6.E.1, 8/17/2004)
and the Use Plan that is part of the Application. Public use facilities
proposed for the site are described in the Use Plan. Designating the 54.6-acre
Designation Area as part of the FGTS will help bring public recognition and
additional visitors to the Natural Area. It also will give the County
additional consideration when applying for grants to help fund construction of
the proposed public use facilities at the Natural Area. Neither the Application
nor Agreement are expected to have any fiscal impact. District 7 (SS)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
5. Staff recommends motion to:
A) adopt a
Resolution for Assistance in support of a Waterways Assistance Program (WAP) Grant
Application to the Florida Inland
Navigation District (FIND)
to fund up to $57,750 or approximately 21% of the
construction costs for the Old Bridge Park Dock
Replacement Project (Project) in the City of Lake Worth Beach; and
B) authorize the
County Administrator, or designee, to execute the Grant Project Agreement
(Agreement), to sign all future time extensions, task assignments,
certifications, 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, if the grant application is approved.
SUMMARY: The County will submit the grant application
to FIND requesting $57,750 in funding for the construction of a fixed dock to
replace a floating dock that was damaged and
subsequently removed in 2021. The total cost of the Project is
$275,654.98. If awarded, the County will
provide a match in the amount of $17,905.98, representing a 6% cost-share for the design of the Project. The County is also seeking
$199,999 in grant funding from FWC, approximately 73% of the total
Project cost. If the grant application is approved, the County will be required
to enter into a Grant Project Agreement with FIND. District 7 (SS)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
6. Staff recommends
motion to:
A) approve State Mosquito Control Memorandum of Understanding (MOU) Contract No. 30506 with the Florida Department
of Agriculture and Consumer Services (FDACS) for mosquito control activities
performed during contract period upon execution to September 30, 2024; and
B) authorize the County Administrator, or designee, to sign all future time
extensions, task assignments, certifications, and other forms associated with
the MOU, and any necessary minor amendments that do not substantially change
the scope of work, terms or conditions of the MOU.
SUMMARY: Each
year, the County applies to FDACS for state aid for mosquito control
activities. On July 11, 2023, the BCC approved the Detailed Work Plan Budget (R2023-0943) required by
FDACS as part of the re-application process for state aid for FY2024. No grant
assistance was awarded for FY2024. Although this loss of revenue will reduce
the amount of chemical acquired for mosquito control operations, the Mosquito
Control Division maintains a sufficient supply for normal operations and can
continue to meet the necessary level of service for the County. Moreover,
although there was no grant assistance awarded this year, the Mosquito Control
Division is still responsible for the completion of monthly deliverables as
stated in the MOU. An MOU is required by Florida Administrative Code (F.A.C)
Rule 5E-13.022 for counties that are not eligible to receive state aid for
control of arthropods, but want to remain in the state-approved program. The
benefit to the County staying in the state-approved program is maintaining the
status of Palm Beach County’s Mosquito Control Division as “state-approved”,
providing legitimacy and guidance of the FDACS while servicing Palm Beach
County residents. Countywide (SS)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES
MANAGEMENT (cont’d.)
7. Staff recommends
motion to:
A)
approve State of Florida
Department of Environmental Protection (FDEP) Standard Grant Agreement No.
24PB1 (Agreement) for an amount
not to exceed $200,000 providing for design of the North County Comprehensive
Shore Protection Project Segment 1 (Project) beginning July 1, 2023 and
expiring December 31, 2026;
B)
approve State of Florida
Department of Environmental Protection (FDEP) Standard Grant Agreement No.
24PB3 (Agreement) for an amount
not to exceed $190,097 providing for design of the North County Comprehensive
Shore Protection Project Segment 2 (Project) beginning November 1, 2021 and
expiring December 31, 2026;
C)
approve State of Florida
Department of Environmental Protection (FDEP) Standard Grant Agreement No.
24PB4 (Agreement) for an amount
not to exceed $175,000 providing for design of the North County Comprehensive
Shore Protection Project Segment 3 (Project) beginning July 1, 2023 and
expiring December 31, 2026;
D) approve a Budget Amendment/Transfer of $565,097 in the Beach Improvement Fund
to recognize the revenue award from FDEP; and
E) authorize the County
Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with the Agreements,
and any necessary minor amendments that do not substantially change the scope
of work, or terms and conditions of the Agreements.
SUMMARY: The
Agreements reimburse the County up to a total of $565,097 for eligible design
and permitting costs associated with the Projects. The County provides a 50%
match for the Projects, up to $565,097, using available funds in the Beach
Improvement Fund. FDEP provides funding for eligible projects through approved
Local Government Funding Requests for up to three (3) years after work is
completed. The Agreements are retroactive to July 1, 2023, November 1, 2021 and
July 1, 2023 respectively. The Agreements contain an indemnification
and termination provision that differs from that adopted for use by the County
under PPM CW-F-049. In accordance with PPM CW-F-049, the Risk Management
Department and the County Attorney’s Office have reviewed the terms and agreed
to the deviations, taking into consideration the County’s need to conduct
design and permitting work for the Projects, the amount of the grant award,
County’s current performance of such work and liability for its acts, and the
non-waiver of sovereign immunity beyond the statutory caps of 768.28, Florida
Statutes. The County cost share is
$565,097. District 1 (SS)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to:
A) ratify
the signature of the Mayor on a Florida Inland Navigation District (FIND) Waterway Assistance Program (WAP) grant
application submitted on March 21, 2024, requesting $750,000 with a 50% match
from the Florida Boating Improvement Program (FBIP) Fund, for construction
costs associated with the Peanut Island Park Dock Renovation Project;
B) adopt a Resolution for
Assistance under the FIND WAP for grant funding for costs associated with the
Peanut Island Park Dock Renovation Project in the amount of $750,000; and,
C) authorize the County
Administrator or designee to execute the Grant Project Agreement, as well as
task assignments, certifications, standard forms, or amendments to the
Agreement that do not substantially change the scope of work or terms and
conditions of the Agreement, if the grant is approved.
Summary: The total cost of
the project identified in the FIND WAP grant application is $1,500,000. This
grant application requests $750,000 to fund up to (50%) of the construction
costs associated with the renovation/replacement of the Peanut Island former
U.S. Coast Guard Facility docks. If
grant funding is awarded, the County will provide matching funds from the Florida Boating Improvement Program
(FBIP). Due to grant-related
items requiring timely execution by the County, staff is requesting Board of
County Commissioners (BCC) approval for the County Administrator or designee to
approve grant documents and for the Parks and Recreation Director to act as the
designee and liaison agent for this project.
In order to meet the grant application deadline, Mayor Sachs signed the
application on behalf of the 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
their next available meeting after signature by the Mayor. If awarded, the grant will run from October
1, 2024 until September 30, 2026, with a possible one-year time extension. Districts 1 & 7 (AH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
2. Staff recommends
motion to:
A) ratify
the signature of the Mayor on a Florida Inland Navigation District (FIND) Waterways Assistance Program (WAP) grant
application submitted on March 21, 2024, requesting $250,000 with a 50% match
from Department’s ad valorem funds, for the planning, design and permitting
costs associated with the South Inlet Park Seawall Replacement Project;
B) adopt a Resolution for
Assistance under the FIND WAP for grant funding for costs associated with the
South Inlet Park Seawall Replacement Project in the amount of $250,000; and
C) authorize the County
Administrator or designee to execute the Grant Project Agreement, as well as
task assignments, certifications, standard forms, or amendments to the
Agreement that do not substantially change the scope of work or terms and
conditions of the Agreement, if the grant is approved.
Summary: The total cost of the project identified in the FIND WAP grant
application is $500,000. This grant application requests $250,000 to
fund up to (50%) of the planning, design, and permitting for the replacement of
the South Inlet Park seawall. If grant funding is awarded, the County will
provide matching funds from the Department’s ad-valorem funds. Due to grant-related items requiring timely
execution by the County, staff is requesting Board of County Commissioners
(BCC) approval for the County Administrator or designee to approve grant
documents and for the Parks and Recreation Director to act as the designee and
liaison agent for this project, if this grant is awarded by FIND. In order to
meet the grant application deadline, Mayor Sachs signed the application on
behalf of the 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 their next available
meeting after signature by the Mayor. If
awarded, the grant will run from October 1, 2024 until September 30, 2026, with
a possible one-year time extension. District 4 (AH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to:
A) ratify a FY 2023 Assistance to Firefighters Grant (AFG) application electronically submitted to the U.S. Department
of Homeland Security’s (DHS) Federal Emergency Management Agency (FEMA) on
March 8, 2024, requesting $492,251 to fund 90% of the purchase of 9 bunker gear
washer/extractor machines and 18 dryers, for a term beginning 24 months from
the date of award;
B) ratify the designation of the County Administrator, or designee, to act as the
County’s representative for the purpose of electronically signing and
submitting the FY 2023 AFG grant
application, including Assurances and Certifications via the DHS FEMA website;
and
C) authorize the County Administrator, or
designee, to accept, approve, execute and submit, electronically or otherwise,
on County’s behalf the grant award, representations, certifications,
acknowledgments, assurances, standard forms and documents, reimbursement
requests, amendments, time frame changes, and other necessary documents, that
do not materially change the general scope of terms and conditions of the
grant.
SUMMARY: This grant application requests $492,251 from
DHS FEMA for the purchase of 9 bunker gear washer/extractor machines and 18
dryers. The total project cost identified in the grant application is $541,476.
The required match for this grant is $49,225 (10% of the federal share), which
will be funded from Fire Rescue’s contingency reserve. If awarded, the grant
will provide funding for the cost of the washers/extractors and dryers, which
will provide immeasurable benefits to the health and safety of our
firefighters, as it helps reduce the risk of cancer and other adverse effects
caused by exposure to products of combustion. Due to the preparation time,
submittal deadlines, and BCC meeting dates, the grant application had to be
submitted prior to full Board approval. Countywide (SB)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (cont’d.)
2. Staff recommends
motion to:
A) ratify a FY 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant application, electronically
submitted to the U.S. Department of Homeland Security’s (DHS) Federal
Emergency Management Agency (FEMA) on April 11, 2024, requesting $6,223,626 to
fund 18 new firefighters, for a term of three (3) years from the date of award;
B) ratify the designation of the County Administrator, or designee, to act as the
County’s representative for the purpose of electronically signing and
submitting the FY 2023 SAFER grant
application, including Assurances and Certifications via the DHS FEMA website;
and
C) authorize the County Administrator, or
designee, to accept, approve, execute and submit, electronically or otherwise,
on County’s behalf the grant award, representations, certifications,
acknowledgments, assurances, standard forms and documents, reimbursement
requests, amendments, time frame changes, and other necessary documents, that
do not materially change the general scope of terms and conditions of the
grant.
SUMMARY: This grant application requests $6,223,626
from DHS FEMA to fund 18 new firefighters to staff a four (4) person engine at
the new Fire Station 49. The total project cost identified in the grant
application is $6,223,626. There is no required match for this grant for all
three (3) years. If awarded the requested positions will provide funding to
staff a four (4) person engine at new Fire Station 49. The density and call
volume has increased dramatically supporting the need for an additional fire
station in that area. This award will allow Fire Rescue staff an engine with
four (4) people over each of the three (3) shifts. Due to the personnel
coverage factor, the total number of firefighters required is 18. These 18
positions will be eliminated at the end of the grant and submitted as a
supplemental request through the budget process prior to the expiration of the
grant. Due to the preparation time, submittal deadlines, and BCC meeting dates,
the grant application had to be submitted prior to full Board approval. Countywide (SB)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (cont’d.)
3. Staff recommends
motion to approve: an Interlocal
Agreement for Fire Protection and Emergency Medical Services (“Agreement”) with
the Town of Manalapan (“Town”) for a period from October 1, 2024 to October 1,
2034. SUMMARY:
On September 9, 2014, the County entered into an Interlocal Agreement
with the Town, to provide Fire Protection and Emergency Medical Services
(R2014-1336), which said agreement is set to expire on October 1, 2024. Under
this new Interlocal Agreement the County will continue to provide said services
for an additional 10 years. The contract price for services under this new
Agreement is a continuation of the methodology used in the previous agreement,
which shall be the lesser of two (2) methodologies: calculated by multiplying
the Town of South Palm Beach’s property values times the millage rate for the
Fire Rescue MSTU; or one-half of the full-cost methodology, which reflects half
the costs of the station 38 response zone, which serves both the Town and the
Town of South Palm Beach. Countywide (SB)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) receive and file the electronically executed Florida
Department of Transportation (FDOT) Public Transportation Grant Agreement
(PTGA) G2T44, awarding the Palm Beach County Board of County Commissioners
(BCC) $794,030 in FY2022 Section 5311 (CFDA 20.509) funds, the PTGA has an
effective date of March 5, 2024 with an expiration date of September 30, 2025;
B) receive and file the electronically executed
Florida Department of Transportation (FDOT) Public Transportation Grant
Agreement (PTGA) G2T71, awarding
the Palm Beach County Board of County Commissioners (BCC) $317,612 in FY2023 Section 5311 (CFDA 20.509) funds, the
PTGA has an effective date of March 5, 2024 with an expiration date of
September 30, 2025; and
C) approve an upward Budget Amendment of $1,111,642 in
Palm Tran Vehicle Replacement Fund 1341 to recognize the grant award and
increase the capital expenditures.
Summary: The electronic documents have been fully executed on behalf of the BCC
by the Assistant County Administrator through the County Administrator in
accordance with R2022-0260, which delegated authority to sign and accept a
grant award on behalf of the BCC. In
accordance with County PPM CW-F-003 and CW-O-051, a signed copy of agreements
executed under delegated authority must be placed on the BCC’s agenda as a
Receive and File. The executed documents
are now being submitted to the BCC to allow the Clerk’s Office to receive and
file. The PTGAs provide funding for the
replacement of Go Glades Service vehicles,
no County match is required. The
PTGAs requires broader indemnification by the County than that approved by PPM
CW-F-049. They require the County and
its officers, agents, or employees to indemnify, defend, and hold harmless FDOT
and all of its officers, agents, and employees from any claim, loss, damage,
cost, charge, or expense arising out of the County’s non-compliance or
performance of this agreement. The indemnification obligation must also be
passed on to contractors and/or consultants.
The Risk Management Department and County Attorney’s Office have
reviewed the indemnification requirements of the PTGAs. Given that liability is limited to County’s
non-compliance or performance of this agreement and the statutory caps of
Section 768.28, Florida Statutes, staff recommends Board approval. Countywide (MM)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
2. Staff recommends
motion to approve: a purchase order from the Florida Department of Transportation
(FDOT) Transit Research Inspection Procurement
Services (TRIPS) contract with ABC Bus, Inc. in the amount of
$2,454,070, to purchase 16 paratransit cutaway buses to be used in the
provision of Paratransit and Go Glades services. Summary: On January 24, 2023 (R2023-0101) the Board of
County Commissioners approved Palm Tran to purchase vehicles from FDOT TRIPS Contract
and authorized the County Administrator or Designee to submit the Order Form
for the FDOT TRIPS Contract to request purchase of the vehicles. This contract
is required to replace paratransit vehicles that have reached useful life in
accordance with Palm Tran’s level fleet replacement plan. This ensures that the Paratransit fleet
remains in a state of good repair and that Palm Tran Connection can continue to
provide efficient and reliable paratransit and Go Glades service for the
eligible riders. Of the total contract amount, $1,170,382 is provided from
grant funding. This contract incorporates the terms and conditions of the FDOT
Contract #TRIPS-22-CA-MB-LF-ABC. The
TRIPS contract has established a statewide Purchasing Agreement with ABC Bus,
Inc. (contractor) and Turtle Top (manufacturer) for the manufacture and
delivery of Cutaway vehicles that are traditionally used by Palm Tran
Connection. Countywide (MM)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
3. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, approving Public Transportation Grant Agreement (PTGA) G2T29, in
Public Transit Service Development funding (CSFA 55.012) with the State of
Florida Department of Transportation (FDOT), providing a grant in the amount of
$375,000 to facilitate access to bus passes for individuals returning from
incarceration. This PTGA will become effective upon
FDOT execution with an expiration date of December 31, 2027;
B) approve Budget Amendment of
$375,000 in Palm Tran’s Grant Fund 1341 to recognize the grant award;
C) approve Budget Transfer of
$375,000 to increase transfer to Palm Tran’s Operating Fund 1340 from Palm
Tran’s Grant Fund 1341 and to reduce the transfer from the General Fund 0001;
and
D) approve Budget Transfer of
$375,000 to increase the General Fund 0001 Contingency Reserves and to reduce
the transfer to the Palm Tran’s Operating Fund 1340.
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
3. Summary: Palm
Tran requested grant funding to provide long-term access to public
transportation to those returning from incarceration. Palm Beach County agencies currently provide
these individuals with one (1) day passes to assist them at the time of their
release; Palm Tran wants to extend this assistance to provide monthly passes
for one (1) year. Individuals returning from incarceration face a variety of difficulties
related to accessing services, and meeting conditions of release, all of which
can be exacerbated by insufficient access to transportation. Research indicates that transportation
barriers can demonstrably increase a person’s vulnerability to other
challenges, such as unemployment, food insecurity, homelessness, and more. Palm Tran’s development of the Re-Entry
program, seeks to develop cross-agency collaboration to reduce barriers by
making public transportation accessible for the first year after release. This
PTGA G2T29, in the amount of $750,000 requires a match of 50% or $375,000 and
provides a grant in the amount of $375,000.
The match is included in Palm Tran’s operating budget. The grant requires
broader indemnification by the County than that approved by PPM
CW-F-049. The grant requires the County and its officers, agents,
or employees to indemnify, defend, and hold harmless FDOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of the County’s non-compliance or performance of this
agreement. The indemnification obligation must also be passed on to contractors
and/or consultants. The Risk Management Department and County Attorney’s
Office have reviewed the indemnification requirements for this grant. Given
that liability is limited to County’s non-compliance or performance of this
agreement and the statutory caps of Section 768.28, Florida Statutes, staff
recommends Board approval. Countywide (MM)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
4. Staff recommends
motion to:
A) approve the amendment of Resolutions R2020-1923;
R-2021-0141; R2022-0133; and R2023-0615, approving the submission of four
different grant applications to the Florida Department of Transportation
(FDOT), three (3) of the applications will fund the purchase of 45 paratransit
vehicles and one (1) will provide operating funding for the Go Glades service. FDOT has requested the resolutions be amended
to reflect the actual grant awards which are higher than the initially approved
resolutions;
B) adopt Amended Resolution R2020-1923;
a Resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, authorizing the signing and submission of the FFY2021 section 5310
grant application, in the amount of $2,054,621 with a required match of
$228,291 for a total project cost of $2,282,912, supporting documents and
assurances to the Florida Department Of Transportation (FDOT);
C) adopt Amended Resolution R2021-0141;
a Resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, authorizing the signing and submission of the FFY2022 section 5310
grant application, in the amount of $2,051,784 with a required match of
$227,976 for a total project cost of $2,279,760, supporting documents and
assurances to the Florida Department Of Transportation (FDOT);
D) adopt Amended Resolution R2022-0133;
a Resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, authorizing the signing and submission of the FFY 2023 section 5310
grant application in the amount of $2,049,194, with a required match of $227,68
for a total project cost of $2,276,882, supporting documents, and assurances to
the Florida Department Of Transportation (FDOT); and
E) adopt Amended Resolution R2023-0615;
a Resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, approving the submission of the off-cycle FY2023_SFY2024 FTA section
5311 formula grants for rural areas program (CFDA 20.509) grant application in
the amount of $800,000, with a required match of $800,000 to partially offset the operational costs for the Go Glades service in the
Glades Region, as administered by the Florida Department Of Transportation
(FDOT).
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
4. Summary: On April 9, 2024, FDOT notified Palm Tran
that the final award amount for three (3) pending applications had been finalized,
and that amended Resolutions are needed to match the actual grant award. The
applications, when submitted, included the price of vehicles established at the
time of the applications. The State
Contract to acquire these vehicles was modified in 2023, and there is price
increase for which FDOT is providing additional funding contingent on the
receipt of amended Resolutions by May 15, 2024.
The resulting grant agreement requires a 10% match, the amended Resolutions
reflect the increased amount of this match, which is included in Palm Tran’s
adopted FY2024 budget. Resolution R2023-0615
does not have a change in the amount, only in the funding source, as requested
by FDOT. Upon receipt of the amended
Resolutions, FDOT will issue Public Transportation Grant Agreements (PTGAs)
that will fund 90% of the purchase of 42 Replacement Paratransit vehicles, and
will provide $800,000 toward the operating costs for the Go Glades Service. Countywide
(MM)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
5. Staff recommends a
motion to approve: One
(1) Appointment of a member to the
Palm Tran Service Board (PTSB) for the
following terms:
Nominee Category, Seat Number
Term to Expire Nominated
By
Carolyn Hmara Senior Citizen Representative Sept. 30, 2027 Mayor
Sachs
Seat 7 Vice
Mayor Marino
Commissioner Weiss
Commissioner
Baxter
Commissioner
Barnett
Summary: The PTSB is delegated the authority to
approve fixed route service adjustments and serve as an advisory board in all
other aspects of the County’s public transportation system. The PTSB is composed of thirteen (13)
At-Large members with specific seat categories. A memo dated March 25, 2024 was
circulated to the Board of County Commissioners (BCC) requesting support of one
(1) applicant seeking appointment. The
ethnic and gender composition of the current 12 members include: Caucasian: 4
(33.3%), African-American: 5 (41.8%), Hispanic-American: 1 (8.3%),
Multicultural: 1 (8.3%), Asian American 1 (8.3%) Gender ratio (male: female)
7:5. Staff has addressed the need to
increase diversity within our Board and will continue to encourage this to
expand this Board’s diversity. Countywide
(MM)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to receive and file: An Agency Affiliation Agreement (Agreement) with Florida Atlantic
University Board of Trustees (FAU) for one (1) year, effective upon approval of
the parties, 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 to meet
degree and licensing requirements. The County will continue to offer its
services and programs as a means for students to obtain the necessary training
and experience to earn their respective degree. There are no costs associated
with this Agreement. On March 17, 2020, Agenda Item 3BB-1 authorized the County
Administrator, or designee, to execute future Agreements/minor amendments with
the University, for supervised clinical field educational experience. Pursuant
to PPM# CW-F-049, the Board is notified that standard indemnification provisions
are not included in this Agreement as both FAU and the County are protected by
sovereign immunity and FAU students will be covered by the negotiated
contractual insurance provision, and there is limited risk of loss. This alternate
language has been approved by both the County Attorney and Risk Management. Countywide (HH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES (cont’d.)
2. Staff recommends
motion to receive and file: Three (3) Contracts for Professional Services (Contracts) with the
following Postdoctoral Psychology Fellows (Fellows), to complete a requirement
of 2,000 hours of clinical work that will provide training and experience in
family and youth counseling, for the period August 5, 2024 through July 31,
2025:
A) Sarah Barr in the amount of
$42,880;
B) Brittany Grimshaw in the amount
of $42,880; and
C) Amber Snedden in the amount of
$42,880.
Summary: The Youth Services Department’s Residential
Treatment and Family Counseling Division (Division) is an authorized counselor
training facility for many state colleges and universities offering degrees in
psychology, social work, and other related fields. Postdoctoral programs
require 2,000 hours of supervised services in order to meet state licensing
requirements. The Division is offering its program as a location to obtain this
training. Each Fellow, at a minimum, is assigned and completes the workload
equivalent to a Licensed Therapist. The
base hourly rate of a Licensed Therapist is $30.11 versus the hourly fellowship
contract rate of $21.19. Additionally, each Fellow will receive a $500 stipend
for health insurance. On October 3, 2006, Agenda Item 3X-2 authorized the
County Administrator, or designee, to execute future postdoctoral psychology
resident (n/k/a Fellow) contracts on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney’s
Office, and within budgeted allocations. There is no substantial change to the
scope of work, terms, or conditions of the agreement. The Contracts span two fiscal years.
Sufficient funding is included in the current budget and in the proposed FY
2025 budget to meet county obligations. The Contracts were executed early to
allow the selected Fellows to make necessary plans following graduation. Countywide
(HH)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to receive and file: a Modification #1 to the Sub-Grant Agreement between the State of
Florida, Division of Emergency Management and the Palm Beach County Sheriff’s
Office, to extend the period of performance of the FY22 Operation Stonegarden
Grant Program (OPSG) from March 31, 2024 to September 30, 2024. Summary: On July 11, 2023, the Board of County Commissioners (BCC) accepted a
FY22 Operation Stonegarden Grant award in the amount of $346,500 from the State
of Florida, Division of Emergency Management for the period May 10, 2023
through March 31, 2024 to support the United States Border Patrol’s (U.S.B.P)
mission to secure the Nation’s coastline through an all-threats layered
integrated approach in collaboration with local law enforcement agencies and
the U.S. Border Patrol (R2023-0965).
This agenda item will extend the period of performance through September
30, 2024 to allow more time to continue OPSG operations. There is no
match requirement associated with this award.
The Catalog of Federal
Domestic Assistance (CFDA) Number for this program is 97.067 and the contract
number is R0563. Countywide (LDC)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
2. Staff recommends
motion to receive and file: a Modification #1 to the Sub-Grant Agreement between the State of
Florida, Division of Emergency Management and the Palm Beach County Sheriff’s
Office, to extend the period of performance of the FY22 State Homeland Security
Grant Program (SHSGP) from March 31, 2024 to September 30, 2024. Summary: On March 14, 2023, the Board of County
Commissioners (BCC) accepted a FY22 State Homeland Security Grant Program award
in the amount of $916,000 from the State of Florida, Division of
Emergency Management for the period February 1, 2023 through March 31, 2024
(R2023-0349). This agenda item will extend the period of performance through
September 30, 2024 to allow more time to complete our domestic and regional
homeland security projects. 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
R0569. Countywide (RS)
3. Staff recommends
motion to receive and file: Modification #5 to the FY21 Urban Security
Area Initiative (UASI) Memorandum of Agreement between the City of Miami and
the Palm Beach County Sheriff’s Office, which extends the grant period from March 15, 2024
through May 30, 2024. Summary: On September 13, 2022, the Board of County Commissioners (BCC) accepted
a grant award for the FY21 Urban Area Security Initiative Grant Program in the
amount of $1,909,519, for the period of August 2, 2022 through June 30, 2023 (R2022-1008).
On April 18, 2023, the BCC accepted $30,000 in supplemental funds
(R2023-0526). On July 11, 2023, the BCC
approved an extension through October 31, 2023 (R2023-0966). On August 22, 2023, the BCC approved an
extension through December 31, 2023 (R2023-1152). On December 5, 2023, the BCC
approved an extension through March 15, 2024 (R2023-1815). This agenda item
will extend the grant performance period through May 30, 2024. There is no
match requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA)
number is 97.067 and the contract number is R0521. Countywide
(RS)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office an Award Agreement between the Florida Department of Law Enforcement and the Palm Beach County
Sheriff’s Office for the FY23 Paul Coverdell Forensic Sciences Improvement Act
Formula Grant in the amount of $97,274.97 for the period of October 1, 2023
through September 30, 2025; and
B)
approve a Budget Amendment
of $97,275 in the Sheriff’s Grant Fund.
Summary: On March 25, 2024, the
Florida Department of Law Enforcement (FDLE) awarded $97,274.97 in grant
funding to the Palm Beach County Sheriff's Office (PBSO) under the FY23 Paul Coverdell Forensic Sciences Improvement
Grant Program. The grant funds will be used to improve
forensic science services at the Palm Beach County Crime Laboratory through the
acquisition of equipment/instruments, lab supplies and support the training of
Forensic Scientists. The Catalog of Federal Domestic Assistance (CFDA) number
is 16.742 and the grant number is 15PBJA-23-GG-00945-COVE. There is no match requirement associated with
this award. Countywide (RS)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
DD. OFFICE OF RESILIENCE
1. Staff recommends
motion to:
A) approve
a
Memorandum of Agreement with
Broward County, Miami-Dade County, and Monroe County for an Environmental
Protection Agency (EPA) Climate Pollution Reduction Grant (CPRG) implementation
grant application, which would begin upon grant execution and end after five
(5) years, and includes a $72,859,120 sub-award to Palm Beach County (PBC) to
fund energy-efficiency housing retrofits, solar photovoltaic rebates, and
electric vehicle charger rebates, and 10 staff positions, which would be
requested upon the grant being awarded and eliminated when grant funding is
discontinued; and
B) delegate
to
the County Administrator, or designee, the signatory authority on additional
forms, certifications, contracts/agreements and amendments thereto, and any
other necessary documents related to the CPRG implementation grant application
that do not substantially change the scope of work, terms or conditions of the
Memorandum of Agreement.
SUMMARY: Broward County is applying for $268,648,142
on behalf of the Southeast Florida Regional Climate Change Compact (Compact)
through the EPA CPRG program to reduce Greenhouse Gas (GHG) emissions in Palm
Beach, Broward, Miami-Dade, and Monroe Counties. Southeast Florida is one of
the most vulnerable U.S. regions to climate change impacts. The project will
reduce GHG emissions and increase economic development through the following
measures in low-income and disadvantaged communities (LIDACs):
energy-efficiency housing retrofits (~$200M), solar photovoltaic rebates
($~52M), and electric vehicle charging rebates (~$17M). If awarded, PBC will
receive $72,859,120 of the total award to implement the projects in PBC LIDACs. The PBC Department of Housing
and Economic Development and the Office of Resilience will collaborate to
implement these measures. No match is required. Countywide (RM)
MAY 7, 2024
3. CONSENT
AGENDA APPROVAL
EE. CAREERSOURCE
1. Staff recommends
motion to approve: one (1) appointment to the CareerSource
Palm Beach County, Inc. Board of Directors (Board) for the seat and term
indicated below.
|
Appointment |
Seat No. |
Term |
Area of Representation |
Nominated By |
|
Andrea
Augst |
8 |
05/07/24 – 05/06/31 |
Private Sector |
HCA
Florida JFK North Hospital |
Summary: The Board is to
develop a more efficient system to prepare Floridians for high skill and high
wage jobs, and to oversee Welfare Reform, School-to-Work, and Adult/Literacy
educational training. On October 5, 2021, the Board of
County Commissioners (BCC) approved the
Interlocal Agreement Palm Beach Workforce Development Consortium
R2021-1457, which replaced prior agreements. The Agreement states the
BCC will appoint private sector board members to assure a minimum 51% private
sector majority. The federal Workforce Innovation and Opportunity Act requests
that an emphasis be placed on Chief Executive Officers or highest level of
management positions for both community and business sector appointments.
Andrea Augst is the Vice President of Human Resources at HCA Florida JFK North,
West Palm Beach. The CareerSource Palm Beach County, Inc. Board of Directors is
comprised of a minimum
of 19 members with representation established in Attachment 4. The Board
has a maximum of 33 seats, 23 currently filled and a diversity count of Caucasian: 19 (83%),
African-American: 2 (9%) and Hispanic: 2 (9%). The gender ratio (female:male)
is: 8:15. The nominee is Caucasian female. Staff is addressing the need to increase diversity within our boards and
will continue to encourage this to expand this Board’s diversity. Countywide
(HH)
* * * * * * * * * * * *
MAY 7, 2024
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Proclamation
declaring May 2024 as Jewish American Heritage Month. (District 2)
B) Proclamation
declaring August 4, 2024 as Nancy G. Brinker Day. (District 3)
C) Proclamation
declaring May 19 – 25, 2024 as Water Reuse Week. (District 1)
D) Proclamation recognizing the Hispanic Education Coalition of Palm Beach
County Inc. for Promoting and Advocating for Educational Equity in the School
District of Palm Beach County. (District 3)
E) Proclamation
declaring May 2024 as National Physical Fitness and Sports Month. (District 1)
F) Proclamation declaring May 2024 as Mental Health Awareness and
Trauma-Informed Care Month. (District 3)
G) Proclamation declaring May 6, 2024 as Melanoma Monday and May 2024 as
Skin Cancer Awareness Month. (District 1)
H) Proclamation declaring May 2024 as Building Safety Month. (District 4)
I) Proclamation recognizing Restoration Bridge International
for Filling the Gap Between Available Food and Those Who Are in Need. (District
3)
J) Proclamation recognizing Tarra Enterprises
Inc. for 40 Years of Commitment to Palm Beach County. (District 4)
K) Proclamation recognizing Israel’s 76th Anniversary of
Independence. (District 5)
L) Proclamation declaring May 6 – 12, 2024 as Nurses Week. (District 6)
M) Proclamation declaring May 19 – 25, 2024 as National
Travel and Tourism Week. (District 5)
N) Proclamation declaring May 2024 as National Water Safety Month.
(District 6)
O) Proclamation declaring May 19 – 25, 2024 as
Emergency Medical Services Week. (District 5)
P) Proclamation declaring May 7, 2024 as Spelling Bee Day. (District 6)
Q) Proclamation declaring May 2024 as Haitian American Heritage Month.
(District 7)
MAY 7, 2024
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
R) Proclamation declaring May 29, 2024 as Palm
Beach County Senior Health and Fitness Day. (District 6)
S) Proclamation recognizing June 1, 2024 as the 75th Charter Day
Anniversary of Zeta Phi Beta Sorority Inc., Delta Epsilon Zeta Chapter.
(District 7)
* * * * * * * * * * * *
MAY 7, 2024
A. ADMINISTRATION
1. Staff recommends motion
to receive and file: 2024 Legislative Session Report. Summary:
County staff will present the 2024 Legislative Session Report for the Board of
County Commissioners, including a review of the County’s 2024 legislative and
appropriation based priorities. Members of the county’s professional contract
lobbying team will also be present to review legislation affecting Palm Beach
County. Topics covered will include, but
are not limited to: state budget highlights; Palm Beach County appropriations
including CR 880 reconstruction, Peanut Island Historic Restoration and Central
Palm Beach County Historic Infrastructure Improvements; statewide legislation;
statewide local government preemptions; and specific legislation affecting Palm
Beach County including CR 880 language included in HB 1301 and PACE consumer
protections. Countywide (SS)
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT
1. Staff recommends
motion to:
A) approve Neighborhood Stabilization Program 2 (NSP2) funding of
$2,000,000 for Village of Valor, Ltd. (VOV) for the restructured Village of
Valor project (Companion Item #5B-3);
B)
negotiate the
NSP2 funding agreement; and
C) delegate authority to the County Administrator,
or designee, to execute the 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 award.
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
1. SUMMARY: On June 18, 2019 (Agenda Item #5G-1), the
Board of County Commissioners (BCC) approved a $2,000,000 NSP2 award for the
Village of Valor project, which at the time totaled new construction of 157
housing units at a mix of 20% affordable and 80% workforce. VOV was unable to
obtain anticipated development funding from competitive development sources,
and had to sell half of the original site to pay off a mortgage that had funded
site acquisition. Consequently, the
project was scaled back, and staff now seeks BCC re-approval of the NSP2
funding for the current project as restructured. The current project entails
new construction of 54 rental apartments, including 26 two-bedroom units and 28
three-bedroom units, at
2701 - 2751 2nd Avenue North, Palm Springs. All housing units will be affordable to households earning
no more than 60% of Area Median Income, with priority given to veterans and their families,
including the disabled, homeless and those at-risk of homelessness. All housing units will bear the
affordability restrictions for no less than 50 years. The total project cost is $26.6 Million. The Palm Beach County Housing Finance
Authority has reserved private activity bond allocation to fund a $14 Million
construction loan. The construction loan will be converted with permanent
funding which will include a $5 Million mortgage from Churchill Stateside
Group, $10.8 Million of tax credit equity, $870,000 deferred developer fee and
a $8 Million Housing Bond Loan Program request (Companion Item #5B-3). The proposed $2,000,000 NSP2 loan will bear
no interest and the full principal amount would be forgiven at satisfactory
conclusion of the 50-year term; however, should VOV default by violating NSP2
affordability requirements, the full principal amount will become immediately
due. The NSP2 loan is contingent on BCC approval of a proposed $8 Million loan
through the County Housing Bond Loan Program). The total County investment will
be $185,185 per County-assisted unit. A unique feature of this project is the
on-site office space for Faith-Hope-Love Charity (FHLC) to provide services to
the veteran community. The funding agreement and related documents pursuant to
these NSP2 funds will be between the County and Village of Valor, Ltd. (and its
respective successors and/or assigns). These
are NSP2 program income funds which require no local match. District
3 (HJF)
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
2. Staff recommends
motion to:
A)
approve a HOME Investment Partnerships (HOME)
Program Community Housing Development Organization (CHDO) funding award of $1,000,000
for program activities to Community Land Trust of Palm Beach County and the
Treasure Coast, Inc. (CLT);
B) approve a HOME
CHDO funding award of $320,000 for operating to the CLT;
C)
conceptually approve a
General Obligation Housing Bond Loan Program (HBLP) – For-Sale Housing Development
award in the amount of $1,640,000 to Community Land Trust of Palm Beach County
and the Treasure Coast, Inc. (CLT); and
D)
transmit the approved
proposal to the County’s third party underwriter and negotiate the loan
agreements.
SUMMARY: On November 15, 2023, the Department of
Housing and Economic Development (DHED) issued a Request for Proposal RFP
HED.2023.4 making available $2,454,364.67 in HOME Community Housing Development
Organization (CHDO) Program Activities and up to $804,355.48 in CHDO Operating
Funds to County certified CHDOs for the creation of affordable rental or
homeownership housing through new construction or acquisition and/or
rehabilitation of residential property. A Selection Committee met at a publicly
held meeting on February 22, 2024 and recommended funding to the CLT for the
Lake Worth Beach CRA Scattered Site Villas project (the LWB project) in the
amount of $1,000,000 for program activities and up to $320,000 for operating
funds. As a result of the CHDO operating funds requested, the project will not
need a developer fee. A portion of the CHDO funds will pass through to the
homebuyers as down payment assistance where the assistance will remain with the
property and its future buyers for no fewer than 99 years, while the remaining
balance is forgiven. The term of the loan will be up to three (3) years, with a
0% interest rate, with repayment upon sale of the units. The LWB project will
entail new construction of four (4) scattered sites with two (2) unit villas
(eight units in total) in Lake Worth Beach, with a sales price of $185,000 per
unit. One of the four (4) parcels was conveyed to the Lake Worth Beach CRA by
the County in August 2023. The 8 units will be three (3) bedroom/two (2) bath cottage
homes that will be sold to individuals/families whose income does not exceed
80% of the Area Median Income (AMI).
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
2. SUMMARY: On January 19, 2024, the DHED issued a
Request for Proposals (RFP) HED.HBLP.2024.3 making available County funds to
developers to create new housing units to expand the local inventory of
For-Sale housing development units for housing affordability, serving
households with incomes between 60% and 140% of Area Median Income (AMI). The Housing Bond RFP is contingent upon the
issuance of general obligation bonds by the BCC, as well as the project meeting
the requirements of the Bond Allocation Process Criteria and RFP requirements. Housing
Bond funding is provided to developers in the form of a loan for construction
financing, secured by a mortgage and note that requires repayment of principal
and interest, if applicable. The loan shall
be secured by a mortgage and note. A total of two (2) proposals were received in
response to the RFP. One (1) proposal
was determined to be responsive to the eligibility and submittal requirements
of the RFP. A Selection Committee met at
a publicly held meeting on April 4, 2024 and recommended funding approval for
the LWB project. Project details and specifics of the LWB project are included
in the Proposal Summary. Total project cost is $2,640,000. The total County investment will be $330,000
per County-assisted unit. Following
conceptual approval, the CLT’s LWB project will be sent for underwriting and a
cost certification must be submitted by the developer and approved by DHED
prior to the start of construction.
Staff will bring back to the BCC for final approval the terms and
conditions. The loan agreements and related documents pursuant to the HOME/CHDO
and Bond funds will be between the County and CLT (and their respective
successors and/or assigns). District
3 (HJF)
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
3. Staff recommends
motion to:
A)
conceptually approve General
Obligation Housing Bond Loan Program (HBLP) – Affordable Housing Multifamily
Development awards as follows:
1. Calusa Pointe II by SP Field, LLC;
2. Village of Valor by Village of Valor, Ltd.; (Companion Item #5B-1)
3. Waterview Apartments at Mangonia Park by Sun Foundation, Inc.; and
4. Isaiah Clark Apartments by HTG Union Baptist, Ltd.;
B)
deny the proposal as
submitted by Spectra HTG Drexel Road Senior Apartments, Ltd. and authorize
staff to work with the developer regarding bond funding; and
C)
transmit the approved
proposal to the County’s third party underwriter and negotiate the loan
agreements.
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
3. SUMMARY: On March 20, 2024, the Department of
Housing and Economic Development (DHED) issued a Request for Proposals (RFP)
HED.HBLP.2024.5 making County funding available to developers to create
additional housing units to expand the local inventory of multifamily rental
housing units for affordable housing affordability, serving households whose
income does not exceed 80% of Area Median Income (AMI). Housing Bond awards are
contingent upon the issuance of general obligation bonds by the BCC, as well as
projects meeting the requirements of the Bond Allocation Process Criteria and
the RFP requirements. County funding will be provided
to Developers in the form of a loan for permanent financing. The loan
shall be secured by a mortgage and note that require repayment of principal and
interest. Affordability restrictions will be recorded through Declarations of
Restrictive Covenants. For-profit Developers will have an interest rate of 1%
and nonprofit Developers will have an interest rate of 0%. A total of seven (7)
proposals were received in response to the RFP.
Six (6) proposals were determined to be responsive to the eligibility
and submittal requirements of the RFP. A Selection Committee met at a publicly
held meeting on April 9, 2024 and recommended funding approval for: 1) Calusa
Pointe II; 2) Village of Valor; and 3) Waterview Apartments at Mangonia Park.
Following a written protest filed by HTG Union Baptist, Ltd., DHED upheld the
protest and is recommending the BCC fund the Isaiah Clark Apartments project.
The protest filed by HTG for the Drexel Road Senior Apartments was denied.
Additional negotiations with the developer, whereby they reduce the maximum
rental rates proposed, increase the affordability period to a minimum of 50
years, as well as other terms and conditions consistent with RFP may bring the
project more in line with other HBLP Affordable Multifamily developments
approved by the BCC. If such
negotiations with the developer are successful, the project will be brought
back to the BCC for conceptual approval and direction to transmit to
underwriting. Details and specifics of
each project are included in the Proposal Summaries. In June 2019, Village of
Valor applied for and was awarded funding through the Neighborhood
Stabilization Program 2 (NSP2). Since the Village of Valor project size and
scope has been reduced, the BCC will need to make a new determination on the
NSP2 award. Village of Valor disclosed this funding in their proposal for the
HBLP.
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
3. SUMMARY (cont’d.): The
sixth proposal was from One North Lake, LLC, which also submitted a proposal
for the funding of the same units under RFP HED.HBLP.2024.4 - Workforce Housing
Multifamily Development. The One North
Lake, LLC project will be discussed in the agenda item for the HBLP Workforce
Multifamily Developments.
|
Project
Name |
Total
Project Cost |
Requested
HBLP Funding |
Recommended
HBLP Funding |
Total
Number of Units |
Number of
County- Assisted
Units |
|
Calusa Pointe II |
$58,626,433 |
$7,560,000 |
$7,560,000 |
168 |
168 |
|
Village of Valor |
$26,671,165 |
$8,000,000 |
$8,000,000 |
54 |
54 |
|
Waterview Apartments at Mangonia Park |
$50,406,613 |
$13,750,000 |
$13,750,000 |
140 |
140 |
|
Isaiah Clark Apartments |
$49,321,183 |
$22,000,000 |
$22,000,000 |
125 |
125 |
|
Drexel Road Senior Apartments |
$37,506,645 |
$18,000,000 |
0 |
88 |
88 |
|
TOTAL |
$222,532,039 |
$69,310,000 |
$51,310,000 |
575 |
575 |
Following conceptual
approval, the projects will be sent for underwriting and a cost certification
must be submitted by each developer and approved by DHED prior to the start of
construction. Staff will bring back a
comprehensive terms and conditions sheet for final BCC approval. The loan
agreements and related documents pursuant to these Bond funds will be between
the County and above respective party (and their respective successors and/or
assigns). Districts 2, 3, 6 and 7 (HJF)
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
4. Staff recommends
motion to:
A) conceptually approve General Obligation Housing Bond Loan Program
(HBLP) – Workforce Multifamily Development awards as follows:
1. Gallery at Sunset Park by Gallery at Sunset Park, LLC;
2. Residences of Lake Worth Beach by Richman Lake Worth Apartments, LLC;
3. Residences at Marina Village, by Residences at Marina Village, LLC;
B)
deny HBLP funding for Judge Rodgers Court by the
Rivera Beach Housing Authority without prejudice allowing the developer to
apply for future bond funding once it is ready to move forward;
C) conceptually approve Housing Initiatives Program (HIP) funding
for the following responsive proposals provided they meet all HIP requirements:
1. One North Lake by One North Lake, LLC
2. Westgate Terrace by Danza of Westgate, LLC; and
D)
transmit the approved
proposals to the County’s third party underwriter and negotiate the loan
agreements.
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
4. SUMMARY: On March 19, 2024, the Department of
Housing and Economic Development (DHED) issued a Request for Proposals (RFP)
HED.HBLP.2024.4 making County funding available to developers to create
additional housing units to expand the local inventory of multifamily rental
housing units for workforce housing affordability, serving households with
incomes between 60% and 140% of Area Median Income (AMI). All Housing Bond
awards are contingent upon the issuance of general obligation bonds by the BCC,
as well as projects meeting the requirements of the Bond Allocation Process
Criteria and RFP requirements. County
Bond funding will be provided to developers in the form of a loan for permanent
financing, secured by a mortgage and note that requires repayment of principal
and interest. The term of the loan will be 20-years consistent with the term of
the Bond, at an interest rate between 1% and 3%. County HIP funding will be
provided to developers in the form of a repayable loan for permanent financing,
secured by a mortgage and note that requires repayment of principal and
interest. The term of the loan will be equal to or greater than the term of the
Federal Housing Administration loan and have an interest rate between 1% and
3%. HIP awards are contingent upon projects meeting HIP requirements which
include but are not limited to: site control, all other funding in place,
project being ‘shovel’ ready 12 months after final BCC approval, project sets an affordability period of no less than
50 years on all County-assisted units. A
total of seven (7) proposals were received in response to the RFP. Six (6) proposals were determined to be
responsive to the eligibility and submittal requirements of the RFP. A Selection Committee met at a publicly held
meeting on April 9, 2024 and recommended funding approval for: 1) Gallery at
Sunset Park; 2) Residences of Lake Worth Beach; and 3) Residences of Marina
Village. Details and specifics of each project are included in the Proposal
Summaries. All
respondents to the RFP have been notified of the funding recommendations and of
the RFP protest procedures. One protest
was received by the protest period deadline by Riviera Beach Housing Authority. The protest was evaluated by the Director of
DHED and denied.
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
4. SUMMARY
(cont’d.):
|
Project
Name |
Total
Project Cost |
Requested
HBLP Funding |
Recommended
HBLP and HIP Funding |
Total
Number of Units |
Number of
County- Assisted
Units |
|
Gallery at Sunset Park |
$56,406,473 |
$17,000,000 |
$17,000,000 |
145 |
145 |
|
Residences of Lake Worth Beach |
$49,816,825 |
$17,160,000 |
$17,160,000 |
195 |
156 |
|
Residences at Marina Village |
$54,509,822 |
$4,716,882 |
$4,716,882 |
148 |
118 |
|
HBLP SUBTOTAL: |
$160,733,120 |
$38,876,882 |
$38,876,882 |
488 |
419 |
|
One North Lake |
$16,536,000 |
$4,650,000 |
$4,650,000 |
54 |
54 |
|
Westgate Terrace |
$21,256,790 |
$3,200,000 |
$3,200,000 |
46 |
37 |
|
HIP SUBTOTAL: |
$37,792,790 |
$7,850,000 |
$7,850,000 |
100 |
91 |
|
GRAND TOTAL (HPLP & HIP): |
$198,525,910 |
$46,726,882 |
$46,726,882 |
588 |
510 |
|
Project
Name |
Total
Project Cost |
Requested
HBLP Funding |
Recommended
Funding |
Total
Number of Units |
Number of
County- Assisted
Units |
|
Judge Rodgers Court |
$58,685,560 |
$13,000,000 |
0 |
150 |
111 |
|
TOTAL: |
$58,685,560 |
$13,000,000 |
0 |
150 |
111 |
Following conceptual
approval, the projects will be sent for underwriting and a cost certification
must be submitted by each developer and approved by DHED prior to the start of
construction. Staff will bring back a
comprehensive terms and conditions sheet for final BCC approval. The loan
agreements and related documents pursuant to these Bond funds will be between
the County and above respective party (and their respective successors and/or
assigns). Districts 3, 6 and 7
(HJF)
MAY 7, 2024
5. REGULAR
AGENDA
B. HOUSING
& ECONOMIC DEVELOPMENT (cont’d.)
5. Staff recommends
motion to approve:
SUMMARY: On November
8, 2022, the voters of Palm Beach County approved the issuance of
Workforce/Affordable Housing General Obligation Bonds (Bonds) in an amount not
to exceed $200M for the purpose of financing all or a portion of increasing
workforce and affordable housing within Palm Beach County. On October 3, 2023,
the Board of County Commissioners (BCC) approved the Housing Bond Allocation
Process criteria (Agenda Item 5D-2) providing more specific details on bond
funding processes. The bond criteria and
processes will be managed by DHED. To carry out the responsibilities of the
bond, staff is recommending the creation of four (4) new positions to be funded
through the General Fund, because staff costs are not eligible using Bond
funding. Two (2) of the positions will include a Manager of Affordable Housing
(pay grade of 41), which will serve as the Lending Manager, and a Housing
Program Coordinator (pay grade 39), which will serve as the Lending
Analyst. The duties and responsibilities
for these two (2) positions would include performing and coordinating the
activities as detailed in the bond criteria, including issuance of Requests for
Proposals (RFPs), the responsiveness review of all proposals, the creation and
processing of funding agreements, review and processing of disbursements during
the development process, in-house underwriting and funding analysis, and
monitoring of the projects. The third (3rd)
position would be a Project Manager (pay grade 49) to ensure we effectively and
efficiently carry out the construction related requirements of each bond funded
project. The fourth (4th) position will be a Housing Program
Specialist I (pay grade 29), whose primary responsibility include the
certification and verification of renters and buyers participating in the
Housing Bond programs. If the positions
are approved by the Board, a budget amendment to transfer funds from general
fund contingency reserves into the DHED budget for the remainder of this fiscal
year is required to account for the new positions. Full funding for the positions would be
included in DHED’s proposed budget for FY 2024-2025. Approval of these
positions is a companion to and contingent upon the approval of the Office of
Financial Management & Budget agenda item to issue the Bonds also scheduled
for the May 7, 2024 BCC Meeting. Countywide (HJF)
MAY 7, 2024
5. REGULAR
AGENDA
C. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY, FLORIDA (I) AMENDING AND SUPPLEMENTING RESOLUTION NO.
R-2022-1405 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $127,000,000 GENERAL
OBLIGATION BONDS (WORKFORCE AND AFFORDABLE HOUSING UNITS), FEDERALLY TAXABLE
SERIES 2024 FOR THE PURPOSE OF FINANCING THE COST OF INCREASING WORKFORCE AND
AFFORDABLE HOUSING IN PALM BEACH COUNTY, FLORIDA; (II) PLEDGING
THE FULL FAITH, CREDIT AND TAXING POWER OF THE COUNTY TO SECURE REPAYMENT OF
THE BONDS; (III) MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;
(IV) AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL
NOTICE OF SALE AND SUMMARY NOTICE OF SALE IN CONNECTION WITH THE PUBLIC SALE OF
SUCH SERIES 2024 BONDS; (V) AUTHORIZING THE MAYOR OR COUNTY ADMINISTRATOR TO
ACCEPT THE BEST BIDS FOR THE PURCHASE OF THE SERIES 2024 BONDS; (VI)
AUTHORIZING THE PROPER OFFICIALS OF THE COUNTY TO EXECUTE AND DELIVER A
CERTIFICATE DEEMING THE PRELIMINARY OFFICIAL STATEMENT "FINAL" FOR
PURPOSES OF SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; (VII) APPOINTING
AN INITIAL PAYING AGENT AND REGISTRAR; (VIII) APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AN OFFICIAL STATEMENT; (IX) AUTHORIZING THE
PROPER OFFICIALS OF THE COUNTY TO DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2024 BONDS; (X)
PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE. Summary: The County has identified the need for the
constructing and equipping of Workforce and Affordable Housing Units. The General Obligation Bonds (GO Bonds) will
be sold on a taxable basis through a competitive sale on an electronic platform
available to all underwriters to receive the best bids. The amount of bonds
authorized to be issued is not to exceed $127,000,000. The debt service for the bonds’ repayment
will be ad valorem tax dollars. Countywide
(DB)
MAY 7, 2024
5. REGULAR
AGENDA
D. PLANNING, ZONING &
BUILDING
1. Staff recommends
motion to:
A) adopt a resolution of the
Board of County Commissioners of Palm Beach County, Florida, granting a County
tax exemption for the historic rehabilitation of the property located at 225
Monroe Drive, West Palm Beach;
B) approve a tax exemption covenant for 225 Monroe
Drive, West Palm Beach, requiring the qualifying improvements be maintained
during the 10-year period that the tax exemption is granted;
C) adopt a resolution of the
Board of County Commissioners of Palm Beach County, Florida, granting a County
tax exemption for the historic rehabilitation of the property located at 310
Dyer Road, West Palm Beach;
D) approve a tax
exemption covenant for 310 Dyer Road, West Palm Beach, requiring the
qualifying improvements be maintained during the 10-year period that the tax
exemption is granted;
E) adopt a resolution of the
Board of County Commissioners of Palm Beach County, Florida, granting a County
tax exemption for the historic rehabilitation of the property located at 1225
N. Sapodilla Avenue, West Palm Beach; and
F) approve a tax
exemption covenant for 1225 N. Sapodilla Avenue, West Palm Beach,
requiring the qualifying improvements be maintained during the 10-year period
that the tax exemption is granted.
MAY 7, 2024
5. REGULAR
AGENDA
D. PLANNING, ZONING &
BUILDING (cont’d.)
1. SUMMARY: The resolutions will authorize a County tax exemption for the following
historic properties located within the City of West Palm Beach: 225 Monroe
Drive, (property is privately owned for residential use); 310 Dyer Road,
(property is privately owned for residential use); and 1225 N. Sapodilla
Avenue, (property is privately owned for residential use). If granted, the tax
exemptions shall take effect January 1, 2024, and shall remain in effect for 10
years, or until December 31, 2033. The exemption shall apply to 100 percent of
the assessed value of all improvements to the historic property, which resulted
from restoration, renovation, or rehabilitation of the property. The estimated
total tax exempted for the 10 years ending December 31, 2033, is $105,750. Actual exemption amounts will be based upon
the Countywide Millage rate on a yearly basis. It is estimated that
approximately $10,575 tax dollars will be exempted annually based on the 2024 Countywide Millage Rate.
Accompanying each resolution is a City of West Palm Beach approved restrictive
covenant, which requires the qualifying improvements be maintained during the
period that each tax exemption is granted.
District 2 & 7 (DL)
MAY 7, 2024
5. REGULAR
AGENDA
D. PLANNING, ZONING &
BUILDING (cont’d.)
2. Staff recommends
motion to:
A) adopt a resolution of the
Board of County Commissioners (BCC), granting a County tax exemption for the
historic rehabilitation of the property located at 127 Root Trail, Palm
Beach;
B) approve a tax
exemption covenant for 127 Root Trail, Palm Beach, requiring the
qualifying improvements be maintained during the 10-year period that the tax
exemption is granted;
C) adopt a resolution of the
BCC granting a County tax exemption for the historic rehabilitation of the
property located at 272 Queens Lane, Palm Beach;
D) approve a tax
exemption covenant for 272 Queens Lane, Palm Beach, requiring the
qualifying improvements be maintained during the 10-year period that the tax
exemption is granted;
E) adopt a resolution of the BCC granting a County tax exemption for the
historic rehabilitation of the property located at 323 Chilean Avenue, Palm
Beach;
F) approve a tax exemption covenant for 323 Chilean Avenue, Palm Beach, requiring
the qualifying improvements be maintained during the 10-year period that the
tax exemption is granted;
G) adopt a resolution of the BCC granting a County
tax exemption for the historic rehabilitation of the property located at 137
Seaspray Avenue, Palm Beach; and
H) approve a tax exemption covenant for 137 Seaspray Avenue, Palm Beach, requiring
the qualifying improvements be maintained during the 10-year period that the
tax exemption is granted.
MAY 7, 2024
5. REGULAR
AGENDA
D. PLANNING, ZONING &
BUILDING (cont’d.)
2. SUMMARY: The resolutions
will authorize a County tax exemption for the following historic properties
located within the Town of Palm Beach: 127 Root Trail, (property is privately
owned for residential use); 272 Queens Lane, (property is privately owned for
residential use); 323 Chilean Avenue (property is privately owned for
residential use); and 137 Seaspray Avenue, (property is privately owned for
residential use). If granted, the tax
exemptions shall take effect January 1, 2024, and shall remain in effect for 10
years, or until December 31, 2033. The exemption shall apply to 100 percent of
the assessed value of all improvements to the historic property, which resulted
from restoration, renovation, or rehabilitation of the property. The estimated
total tax exempted for the 10 years ending December 31, 2033, is $409,500.
Actual exemption amounts will be based upon the Countywide Millage rate on a
yearly basis. It is estimated that approximately $40,950 tax dollars will be
exempted annually based on the 2024 Countywide
Millage Rate. Accompanying each resolution is a Town
of Palm Beach approved restrictive covenant, which requires the qualifying
improvements be maintained during the period that each tax exemption is
granted. District 1 (DL)
MAY 7, 2024
5. REGULAR
AGENDA
D. PLANNING, ZONING &
BUILDING (cont’d.)
3. Staff recommends
motion to:
A) adopt a resolution of the Board of County Commissioners (BCC) granting a
County tax exemption for the historic rehabilitation of the property located at
125 N. Dixie Boulevard, Delray Beach; and
B) approve a tax exemption
covenant for 125 N. Dixie Boulevard, Delray Beach, requiring the
qualifying improvements be maintained during the 10-year period that the tax
exemption is granted.
SUMMARY: The resolution will authorize a County tax
exemption for the following historic property located within the City of Delray Beach: 125 N. Dixie Boulevard, (property
is privately owned for residential use).
If granted, the tax exemption shall take
effect January 1, 2024, and shall remain in effect for 10 years, or until
December 31, 2033. The exemption shall apply to 100 percent of the assessed
value of all improvements to the historic property, which resulted from
restoration, renovation, or rehabilitation of the property. The estimated total
tax exempted for the 10 years ending December 31, 2033, is $39,213.87. Actual exemption amounts will be based upon
the Countywide Millage rate on a yearly basis. It is estimated that
approximately $3,923.87 tax dollars will be exempted annually based on the 2024 Countywide Millage Rate.
Accompanying the resolution is a City of Delray Beach approved restrictive
covenant, which requires the qualifying improvements be maintained during the
period that the tax exemption is granted.
Districts 4 & 7 (DL)
MAY 7, 2024
5. REGULAR
AGENDA
E. FACILTIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A) an
Agreement for Purchase and Sale of a 1.10 acre parcel of vacant land located
north of Indiantown Road and east of Bee Line Highway from Rebecca Gordon and
Dameon Gordon, for $17,050 plus closing, title insurance and recording costs
estimated to be $545; and
B) a
Memorandum of Agreement with Rebecca
Gordon and Dameon Gordon to be recorded in the public records to provide notice
of this Agreement.
Summary: On November 2,
2021, the Board of County Commissioners (Board) approved a Fiscal Strategy for
the spending of American Rescue Plan Act (ARPA) funds, which included an
allocation of $4,000,000 for the acquisition of environmentally sensitive
lands. The parcel owned by Rebecca Gordon and Dameon Gordon (Gordon Parcel) is
an interior parcel located in an area known as Palm Beach Heights (part of the
Pal-Mar Ecosite). The Pal-Mar Ecosite is
part of a large ecological greenway that stretches from just west of the
Atlantic Ocean to just east of Lake Okeechobee.
The area provides habitat for a wide variety of native plants and
animals and it is part of a hydrologically significant region that includes the
headwaters of the federally designated Wild and Scenic Northwest Fork of the
Loxahatchee River. Hence its value as environmentally sensitive land.
Appraisals were obtained from Anderson & Carr, Inc. and M.R. Ford &
Associates, Inc. who assigned a $15,000 and $16,000 per acre value for interior
Palm Beach Heights parcels, respectively. Callaway & Price, Inc. reviewed
the appraisals and concluded a reasonable aggregate value of $15,500 per acre
for interior Palm Beach Heights parcels, which is the basis of the offer. The Agreement allows for the County’s due
diligence review of the parcel within 45 days of Board approval. The County will pay title insurance policy
premium, closing and recording costs estimated to be $545 for the Gordon
Parcel. The Environmental Resources and Management (ERM) Department will
perform pre-acquisition environmental assessments for the parcel prior to
closing. A boundary survey will not be
obtained for the parcel due to the remote location. ERM will be responsible for the
administration of the parcel. All costs
related to the acquisition will be paid from existing funds received from the
ARPA Response Replacement Fund. These are County ARPA Response Replacement
funds that do not require a local match. This acquisition must be approved by a
supermajority vote (5 Commissioners).
(Property & Real Estate Management) District 1 (HJF)
MAY 7, 2024
5. REGULAR
AGENDA
F. LIBRARY
1. Staff recommends
motion to receive and file: Library Department Draft FY25 Budget &
Capital Program Overview. Summary: The
Palm Beach County Library System provides a wide array of library facilities
and services that serve the Library District and the residents of the
municipalities that are part of the Library Cooperative of the Palm Beaches.
For FY25, the Library is preparing a draft budget of $112,079,000 based on the
revenue generated through the dependent taxing district at a millage rate of
0.5491. The Board of County Commissioners has held the millage at this rate
since 2011. In addition, the Library Department has an extensive list of
capital needs, including renovation work on existing branch locations and
possibilities for future expansion opportunities. As a dependent taxing
district, the Library Department must fund its own Capital Project budget
lines. Library funding comes primarily through ad valorem revenue generated
through the Library District, along with State Aid to Public Libraries grants,
Impact Fees, Balance Brought Forward, donations from the Friends of the
Library, and other incidental grants and fees. Countywide (AH)
G. FIRE RESCUE
1. Staff recommends
motion to receive and file: a Fire Rescue Department (PBCFR) presentation.
Summary: PBCFR
will provide an overview of its Fiscal Year 2025 Proposed Operating Budget. The
presentation will include; historical revenues and expenses; revenue sources
and expenditure usage; supplemental requests for positions and equipment; and a
five-year funding layout for the Capital Improvement Plan (CIP). Countywide (SB)
H. WATER UTILITIES
1. Staff recommends
motion to receive and file: Palm
Beach County Water Utilities Department’s Proposed FY2025 Budget Overview. Summary: The Palm Beach County Water
Utilities Department (PBCWUD) will provide an overview of the proposed FY2025
Budget. For FY2025, PBCWUD has prepared a proposed
budget of $611,303,610, which includes operating, capital and debt service. As
an enterprise fund, the Utility must fund its own operating and capital project
budget lines. PBCWUD is undertaking capital projects to address our aging
infrastructure and ensure full compliance with applicable regulations including
newly adopted water quality standards. PBCWUD’s funding comes primarily through
user fees (customers, developers, etc.) grants, investment income and balance
brought forward Countywide (MWJ)
* * * * * * * * * * * *
MAY 7, 2024
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MAY 7, 2024
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: the updated Board Directive Reports which
include in process and completed board directive items. Summary: At the February 6, 2018
Board of County Commissioners Meeting, direction was given to the County
Administrator to submit monthly a status report of the board directives. The
report categorizes: 1) In Process Items, and 2) Completed Items. The report
continues to be updated on an ongoing basis. Countywide (DC)
B. COUNTY
ATTORNEY
MAY 7, 2024
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Requesting off-site approval for Proclamation declaring May 18 – 25,
2024 as National Safe Boating Week.
Requesting off-site approval for Proclamation declaring May 2024 as
Audubon Everglades Purple Martin Awareness Month.
District 3 – COMMISSIONER MICHAEL A. BARNETT
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
Requesting
off-site approval for Proclamation declaring June 4, 2024 as Holocaust Survivor
Day.
Requesting off-site approval for Proclamation declaring May 25th as Family
Abduction Awareness Day.
Requesting off-site approval for Proclamation declaring May 2024 as
Problem-Solving Court Month.
Requesting off-site approval for Proclamation declaring May 11, 2024 as
KOP Mentoring Network Ladies of Distinction Day.
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
MAY 7, 2024
9. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MAY 7, 2024
10. 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."