September 2, 2014 – Noon

 

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

SEPTEMBER 9, 2014

 

PAGE             ITEM

 

10                    3A-2                WAITING FOR BACKUP: Staff recommends motion to approve: appointment of the following at-large members to the County Administrator Selection Advisory Committee, effective September 9, 2014:….(Admin)

 

11                    3A-3                WAITING FOR BACKUP: Staff recommends motion to approve:  Golf Tournament Agreement with Trump International Golf Club, L.C., Palm Beach Habilitation Center, Inc., and The Arc of Palm Beach County for a one day charitable golf tournament to be held on October 27, 2014. (Admin)

 

12                    3A-6                WAITING FOR BACKUP: Staff recommends motion to approve: Mutual Use Agreements for grants in a total amount not to exceed $ 24,905.13 for the Handicap Accessibility and Awareness Grant Program with the following non-profit agencies, in the amounts and for the services indicated for the period October 1, 2014, through September 30, 2015: (Admin/OEO)

 

13                    3A-7                WAITING FOR BACKUP: Staff recommends motion to approve: the Alton Planned Community Development (PCD) Plat.  (Admin/Scripps)

 

14                    3B-3                WAITING FOR BACKUP: Staff recommends motion to approve:  Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller’s Office. (Clerk)

 

14                    3C-1               WAITING FOR BACKUP: Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Town of Jupiter (Town) to allow Palm Beach County (County) to assess property owners for the construction of water service improvements in the Fox Run Section A Subdivision, Fox Run Section B Subdivision and Jupiter Little Acres Subdivision (Projects), through the Municipal Service Taxing Units (MSTU) assessment program.  (Engineering)

 

15                    3C-4               WAITING FOR BACKUP: Staff recommends motion to approve:  a First Amendment to the annual pavement marking contract (Contract), R2013-0810, Project No. 2013055, dated July 2, 2013, with Southwide Industries, Inc. (Contractor). (Engineering)

 

17                    3C-11             WAITING FOR BACKUP: Staff recommends motion to approve: A) a First Amendment to the Annual Asphalt Milling and Resurfacing Contract (Contract), Project No. 2013052, dated March 12, 2013, with Community Asphalt Corp., R2013-0235, to extend the Contract expiration date from September 30, 2014 to September 30, 2015; and increase the amount of the Contract by $4,000,000; and…(Engineering)

 

17                    3C-12             WAITING FOR BACKUP: Staff recommends motion to adopt: a Resolution transferring jurisdictional control, maintenance responsibility, and ownership of any and all right-of-way for Indiantown Road from U.S. Highway 1 to A1A to the Town of Jupiter (Town). (Engineering)

 

19                    3E-4                WAITING FOR BACKUP: Staff recommends motion to receive and file: Notice of Award No. 04CH3046/47 from the Department of Health and Human Services/Administration for Children and Families (DHHS/ACF), for the period October 1, 2012, through June 30, 2014, in an amount not to exceed $166,764, for the Cost of Living Adjustment (COLA). (Community Services)

19                    3E-5                WAITING FOR BACKUP: Staff recommends motion to approve: Amendment No. 01 to Contract for Provision of Services with Vita Nova, Inc. (R2013-1404), for the period October 1, 2013, through September 30, 2014, increasing funding by $9,604 for a new total contract amount not to exceed $59,477, to provide emergency shelter and homeless prevention services to individuals and families who are homeless or at risk of homelessness. (Community Services)

 

20                    3E-7                WAITING FOR BACKUP: Staff recommends motion to approve: A) Amendment No. 03 to Contract for Provision of Services with Gulfstream Goodwill Industries, Inc. (R2012-0612), for the period October 1, 2014, through September 30, 2015, to increase funding for engagement, interim housing and rapid re-housing services to homeless individuals by $2,160,709, for a new total contract amount not to exceed $6,384,452; and…(Community Services)

 

21                    3E-8                WAITING FOR BACKUP: Staff recommends motion to approve: A) Renewal Agreement IZ012-9500 to Standard Agreement IZ012-9500 (R2012-1631) for Alzheimer’s Disease Initiative (ADI) with Area Agency on Aging (AAA), for July 1, 2014 to June 30, 2015 in an amount not to exceed $230,810.  Purpose of Renewal is to outline funding allocation for 2014-2015 Agreement period. This renewal: 1) amends paragraph D of Standard Agreement; 2) revises and replaces Attachment II, Budget Summary and Attachment III, Rate Schedule. ADI provides assistance to seniors and caregivers by ensuring that persons afflicted with Alzheimer’s disease and other forms of dementia are provided services to live independently in their homes or in homes of relatives/caregivers; and…(Community Services)

 

22                    3E-10             WAITING FOR BACKUP: Staff recommends motion to: A) receive and file Project Award Notification No. 760-4055B-5CFJ1 from the Florida Department of Education, for the budget period July 1, 2014 through June 30, 2015, in an amount not to exceed $224,853; and….(Community Services)

 

23                    3E-12             WAITING FOR BACKUP: Staff recommends motion to receive and file: Contracts for Consulting/Professional Services with the below listed non-profit agencies, for the period July 1, 2014, through September 30, 2014, in an amount totaling $51,000, to provide various training services to low income participants serviced by the Community Services Department:…(Community Services)

 

28                    3F-12              WAITING FOR BACKUP: Staff recommends motion to: A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-058-2014 in the amount of $1,516,463 for the Master Plan and Airport Layout Plan (ALP) Update at Palm Beach International Airport; and….(Airports)

 

28                    3F-13              WAITING FOR BACKUP: Staff recommends motion to: A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-059-2014 in the amount of $1,394,187 for Terminal Improvements - Restroom Renovations (Phase 2) at Palm Beach International Airport; and….(Airports)

 

34                    3I-3                 WAITING FOR BACKUP: Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida approving for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of not to exceed $20,000,000 of Educational Facilities Revenue Bonds by the Florida Development Finance Corporation to finance the acquisition, construction and equipping of educational facilities and related costs, within Palm Beach County; and providing an effective date.  (DES)

 

35                    3K-1                WAITING FOR BACKUP: Staff recommends motion to accept: a Lift Station Easement granted to Palm Beach County (County) by the School Board of Palm Beach County (School Board).  (WUD)

 

35                    3K-3                WAITING FOR BACKUP: Staff recommends motion to approve: Work Authorization No. 12 for South County Water Services Replacement Project - Phase III with Johnson-Davis, Inc., (R2013-0550) in the amount of $2,318,648.40. (WUD)

 

36                    3K-5                WAITING FOR BACKUP: Staff recommends motion to approve: Supplement No. 2 to Consultant Services Authorization (CSA) No. 11 (R2014-0151) with Carollo Engineers, Inc. (R2011-0630) for Water Treatment Plant No. 2 Filter Replacement engineering services during construction in the amount of $121,157. (WUD)

 

39                    3L-3                WAITING FOR BACKUP: Staff recommends motion to: A) approve Amendment No. 3 to the Primary Contract for the Palm Beach County Annual Artificial Reef and Breakwater Project No. 2012ERM01 (R2012-0640) with The Vance Construction Company (Vance) to add additional line items to the Contract for providing barges, tug and services in the construction of environmental restoration projects and increase the Contract by $588,952.26 at a not-to-exceed amount of $2,882,778;…(ERM)

 

42                    3S-2                WAITING FOR BACKUP: Staff recommends motion to approve: an Interlocal Agreement with the Town of Manalapan for fire protection and emergency medical services for a ten year period beginning October 1, 2014. (Fire Rescue)

 

44                    3X-4                WAITING FOR BACKUP: Staff recommends motion to receive and file Amendments to Contracts for drug treatment and testing services with the below listed agencies for the period October 1, 2012, through September 30, 2015:…(Public Safety)

 

46                    3AA-3             WAITING FOR BACKUP: Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the submission of a Section 5311 Grant Application to the Florida Department of Transportation (FDOT) for a project totaling $673,358 to offset fixed route costs in the Lakes Region of Palm Beach County and a non-urbanized area program assurance. (Palm Tran)

 

47                    3AA-4             WAITING FOR BACKUP: Staff recommends motion to approve: a Funding Agreement in the amount of $1,127,097 between the City of Boca Raton and the Board of County Commissioners of Palm Beach County, Florida (BCC) for enhanced bus service between the Boca Raton Tri-Rail Station, Florida Atlantic University (FAU), Palm Beach State College (PBSC), the FAU Research and Development Park campus, and Federal Highway for the three year period of October 1, 2014, through September 30, 2017. (Palm Tran)

 

48                    3DD-1            WAITING FOR BACKUP: Staff recommends motion to approve: the Fourth Amendment to the Agreement (R2012-1320) with Discover Palm Beach County, Inc. (Discover) for the provision of services under the Palm Beach County’s Tourist Development Plan during the period of October 1, 2014, through September 30, 2015, in the amount of $10,663,006 in contractual services and $2,031,159 in stimulus funds, indirect costs and reserves for a total of $12,694,165. This will be the third year of a five year agreement. (Admin/TDC-Discover)

 

48                    3DD-2                        WAITING FOR BACKUP: Staff recommends motion to approve: the Fifth Amendment to the Agreement (R2012-1318) with the Cultural Council of Palm Beach County, Inc. (the “Cultural Council”) for the provision of services under Palm Beach County’s Tourist Development Plan during the period of October 1, 2014, through September 30, 2015, an amount not to exceed $1,593,210 in contractual services and $4,487,475 in stimulus funds, indirect costs, grants and reserves for a total of $6,080,685. This will be the third year of a five year agreement. (Admin/TDC-Cultural Council)

 

49                    3DD-3                        WAITING FOR BACKUP: Staff recommends motion to approve: the Third Amendment to the Agreement (R2012-1321) with Palm Beach County Sports Commission, Inc., (the “PBCSC”) for the provision of services under Palm Beach County’s Tourist Development Plan during the period of October 1, 2014, through September 30, 2015, in the amount of $863,325 in contractual services and $1,300,867 in stimulus funds, indirect costs, grants and reserves for a total of $2,164,192. This will be the third year of a five year agreement. (Admin/TDC-Sports)

49                    3DD-4                        WAITING FOR BACKUP: Staff recommends motion to approve: the Third Amendment to the Agreement (R2012-1319) with the Palm Beach County Film and Television Commission (PBCFTC) for the provision of services under the Palm Beach County’s Tourist Development Plan during the period of October 1, 2014, through September 30, 2015, in the amount not to exceed $820,250 in contractual services and $511,154 in stimulus funds, direct costs, and reserves for a total of $1,331,404. This will be the third year of a five year agreement. (Admin/TDC-Film&TV)

 

50                    4A                   WAITING FOR BACKUP: Staff recommends motion to: A) approve the Application of Lourdes-Noreen McKeen Residence for Geriatric Care, Inc. for the issuance of Palm Beach County, Florida’s (the “County”) up to $19,500,000 Revenue Refunding Bonds (Lourdes-Noreen McKeen Residence for Geriatric Care, Inc. Project), Series 2014 (the "Bonds"); and….(DES)

 

51                    5A-1                WAITING FOR BACKUP: Staff recommends motion to approve: A) an Agreement with KaBOOM!, Inc. and Lake Worth West Resident Planning Group, Inc. for an amount not to exceed $8,500 for the purchase and installation of playground equipment at Lake Worth West Park; and…(Admin/OCR)

 

51                    5A-2                WAITING FOR BACKUP: Staff recommends motion to approve: Amendment 21 to the Contract (R91-1876D) with Robert Weisman, County Administrator, setting a salary increase and effective date the same as other employees. (Admin)

 

51                    5A-3                WAITING FOR BACKUP: Staff recommends motion to rescind: direction to staff to prepare an ordinance authorizing hospitals in the County to place a lien on the proceeds of settlements or judgments in order to receive payment for services rendered to a patient. (Admin)

 

53                    5D-1               WAITING FOR BACKUP: Staff recommends motion to approve: the Selection Committee’s recommendation for: A) MV Transportation, Inc. for Run Package A; B) First Transit, Inc. for Run Package B; and C) Maruti Fleet & Management, LLC for Run Package C as proposed under the Request for Proposal (RFP No. 14-041/SC) for Palm Tran Connection Paratransit Services. (Palm Tran)

 

54                    5D-2               WAITING FOR BACKUP: Staff recommends motion to approve on preliminary reading and to advertise for public hearing on October 21, 2014 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, to be known as the Palm Beach County Palm Tran Trespass Ordinance; providing for a short title; providing for definitions; providing for authorization to issue Palm Tran trespass notices as to Palm Tran personnel and property; providing for appeal of such trespass notices; providing for inclusion in the Code of Laws and Ordinances; providing for repeal of laws in conflict; providing for severability; providing for enforcement; providing for penalty; providing for captions; and providing for an effective date. (Palm Tran)

 

56                    6A-1                WAITING FOR BACKUP: Staff recommends motion to: A) waive the residency requirement in Resolution R2002-0485, as amended, and R2013-0193 for Mr. Dwight Mattingly; and B) approve the appointments of two At-Large members to the Palm Tran Service Board (PTSB) for the following terms:…(Palm Tran)

 

 

 

 

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


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

SEPTEMBER 9, 2014

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL/SPECIAL PRESENTATIONS

 

A.        Additions, Deletions, Substitutions

B.        Adoption

            C.        Special Presentations (Page 9)

 

3.         CONSENT AGENDA (Pages 10 - 49)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Page 50)

 

5.         REGULAR AGENDA (Pages 51 - 55)

            TIME CERTAIN 11:00 A.M. (Palm Tran Connection Services) (Page 53)

 

6.         BOARD APPOINTMENTS (Page 56)

 

7.         MATTERS BY THE PUBLIC – 2:00 P.M. (Page 57)

 

8.         STAFF COMMENTS (Page 58)

 

9.         COMMISSIONER COMMENTS (Page 59)

 

10.       ADJOURNMENT (Page 59)

 

 

 

 

* * * * * * * * * * *

 

SEPTEMBER 9, 2014

 

TABLE OF CONTENTS

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 9

            2C-1   Recognition of Bevin A. Beaudet and John J. Callahan, III

            2C-2   48th Annual Employee Service Awards

            2C-3   Palm Beach Partners Business Matchmaker Conference and Expo Day

            2C-4   National Alcohol and Drug Addiction Recovery Month

            2C-5   Childhood Cancer Awareness Month

            2C-6   National Senior Center Month

            2C-7   Domestic Violence Awareness Month

            2C-8   National Adult Day Services Week

            2C-9   Workforce Development Month

            2C-10 Childhood Nutrition Day

            2C-11 SuperCar Week

            2C-12 German-American Day

            2C-13 Caribbean-American Day

 

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 10

            3A-1    Contract with S. Renée Narloch & Associates as the Consultant for the executive search of the new County Administrator

            3A-2    Two at-large appointments to the County Administrator Selection Advisory Committee

Page 11

            3A-3    Golf Tournament Agreement with Trump International Golf Club, Palm Beach Habilitation Center, Inc. and The Arc of Palm Beach County for one day charitable golf tournament

            3A-4    Payment for participation in the Palm Beach Partners Business Matchmaker Conference & Expo

Page 12

            3A-5    Four reappointments to the CareerSource Palm Beach County, Inc. Board of Directors

            3A-6    Mutual Use Agreements with seven non-profit agencies under the Handicap Accessibility and Awareness Grant Program

Page 13

            3A-7    The Alton Planned Community Development Plat

 

 

B. CLERK & COMPTROLLER

Page 14

            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    Proof of Publication for “Unclaimed Monies”

 

C. ENGINEERING & PUBLIC WORKS

Page 14

            3C-1   Interlocal Agreement with the Town of Jupiter regarding construction of water service improvements in the Fox Run Section A & B Subdivision, and Jupiter Little Acres Subdivision

Page 15

            3C-2   Task Order with R.J. Behar & Company, Inc. for design plans and construction bid documents relating to the Drexel Road over LWDD L-2 Canal bridge replacement project

            3C-3   Contract with R&D Paving, LLC for construction of 10th Avenue North and Military Trail Intersection improvement project


SEPTEMBER 9, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

C. ENGINEERING & PUBLIC WORKS (Cont’d)

Page 15

3C-4   First Amendment to extend the annual pavement marking contract with Southwide Industries, Inc.

            3C-5   Resolution to allow certain Engineering personnel to sign and submit permit applications on behalf of the County

            3C-6   Deleted

Page 16

            3C-7   Task Order with Arcadis U.S., Inc. for design plans and construction bid documents relating to the Lantana Road and Lawrence Road Intersection improvement project

            3C-8   Deleted

            3C-9   Deleted

            3C-10 Eleven Resolutions initiating eminent domain proceeding against eleven parcels related to the Haverhill Road (south of LWDD L-14 Canal) to Lake Worth Road

Page 17

            3C-11 First Amendment extending the terms of two annual asphalt milling and resurfacing contracts with Community Asphalt, Corp and Ranger Construction Industries, Inc.

            3C-12 Resolution transferring jurisdictional control, maintenance responsibility, and ownership of all right-of-way for Indiantown Road (U.S. Hwy 1 to A1A) to the Town of Jupiter

 

D. COUNTY ATTORNEY

Page 17

            3D-1   Settlement Agreement in personal injury case Karen McCray v. PBC

 

E. COMMUNITY SERVICES

Page 18

            3E-1    Data Provision and Confidentiality Agreement with Lutheran Services Florida, Inc. to improve service delivery for infants and toddlers

            3E-2    Resolution dissolving the Head Start/Early Head Start Policy Council

            3E-3    One reappointment and one new appointment to the Citizens Advisory Committee on Health & Human Services

Page 19

            3E-4    Notice of Award from the Department of Health & Human Services/Administration for Children and Families for the Cost of Living Adjustment under the Head Start Program

            3E-5    Amendment No. 1 with Vita Nova, Inc. to provide emergency shelter and homeless prevention services

            3E-6    Contract with Gulfstream Goodwill Industries, Inc. for services to homeless individuals

Page 20

            3E-7    Amendments to the Contract for Provision of Services with three non-profit agencies associated with services provided at the Senator Philip D. Lewis Center (Homeless Center)

Page 21

            3E-8    Renewal Agreements with the Area Agency on Aging for various programs under the Division of Senior Services program

Page 22

            3E-9    Contract for Provision of Financial Assistance with The Jerome Golden Center for Behavioral Health to provide up to nine permanent housing beds for disabled, chronically homeless individuals

            3E-10 Project Award Notification from the Florida Department of Education under the Farmworker Career Development program

            3E-11 Contract for Provision of Services with The Jerome Golden Center for Behavioral Health, Inc. for services to homeless individuals

Page 23

            3E-12 Contracts for Consulting/Professional Services with three non-profit agencies to provide various training services to low-income participants

 


SEPTEMBER 9, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS

Page 23

            3F-1    Receive and file three Extensions of Time to Joint Participation Agreements with the Florida Department of Transportation for various Airport improvement projects

Page 24

            3F-2    Amendment No. 6 with The Morganti Group, Inc. for CM at Risk Services associated with terminal improvements at PBIA

            3F-3    Automated Retail Vending Concession Agreement with NewZoom for retail vending machines at PBIA

Page 25

3F-4    Second Amendment to Lease Agreement with Enterprise Leasing Company of Florida, LLC associated with operation of a rental car facility

3F-5    Automated Teller Machine Concession Agreement with Communitel, Inc. for installation and operation of ATMs at PBIA

Page 26

3F-6    Resolution adopting new standard from Signatory Cargo Carrier Operating & Lease Agreement

3F-7    First Amendment to Development Site Lease with West Palm Beach Plaza, LLC for property located at the southwest corner of Belvedere Road and Florida Mango Road at PBIA

3F-8    Airline Operating and Lease Agreement with Allegiant Air, LLC

Page 27

3F-9    Airline Operating and Lease Agreement with People Express Airlines, Inc.

3F-10  Tenth Amendment to Lease and Concession Agreement with Host International, Inc. for additional concession and storage space at PBIA

3F-11  Modification No. P00001 to the Other Transaction Agreement with the Department of Homeland Security/TSA relating to improvements at the Checked Baggage Screening System at PBIA

Page 28

3F-12  Federal Aviation Administration Grant Agreement for the Master Plan and Airport Layout Plan Update at PBIA

3F-13  Federal Aviation Administration Grant Agreement for terminal improvements – restroom renovations at PBIA

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 28

            3G-1   Write-off of uncollectible Court Administration Outstanding Receivables

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 29

            3H-1   Amendment No. 2 with The Gordian Group, Inc. relating to the Job Ordering Contract system

            3H-2   Budget Amendment/Transfer relating to three Palm Beach County Sheriff’s Office projects

Page 30

            3H-3   Receive and file various standard agreements and/or amendments for the Facilities Development & Operations Department

Page 31

            3H-4   Assignment of contracts with Tercilla Courtemanche Architects, Inc. to Harvard Jolly, Inc.

            3H-5   Interlocal Agreement with the South Florida Water Management District to provide fuel management services

            3H-6   Easement in favor of the Lake Worth Drainage District for operation and maintenance of the L-23W Canal in Indian Mound Park

Page 32

            3H-7   Quit Claim Deed/Resolution/County Deed associated with the South County Courthouse Parking Garage

            3H-8   Deposit Receipt and Contract for Sale and Purchase with Lascelles Stephens for the sale of a + 0.23 acre parcel of land located at 411 Miami Canal Road, Lake Harbor, FL

Page 33

            3H-9   One appointment to the Property Review Committee

 

SEPTEMBER 9, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

I. ECONOMIC SUSTAINABILITY

Page 33

            3I-1     Allocation of $1M for use as the local government contribution under the Florida Housing Finance Corporation’s Housing Tax Credit Program and State Apartment Incentive Loan Program

Page 34

            3I-2     Use of $270,00 in Community Development Block Grant funding for the renovation of the Bill Bailey Community Center in Belle Glade

            3I-3     Resolution approving the issuance of Educational Facilities Revenue Bonds to finance the acquisition, construction and equipping of educational facilities within Palm Beach County

 

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 35

            3K-1    Lift Station Easement granted to Palm Beach County by the School Board near Melaleuca Elementary School

            3K-2    Receive and file one Utility Concurrency Reservation Agreement

            3K-3    Work Authorization No. 12 with Johnson-Davis, Inc. associated with the South County Water Services Replacement project

Page 36

            3K-4    Change Order No. 2 with Lanzo Lining Services, Inc. – Florida relating to the Glades Utility Authority City of Belle Glade Inflow & Infiltration improvement project

            3K-5    Supplemental No. 2 to CSA No. 11 with Carollo Engineers, Inc. relating to WTP No. 2 Filter Replacement project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 37

            3L-1    Amendment No. 1/Work Order associated with the annual dune and wetlands restoration project with Eastman Aggregate Enterprises, LLC to provide sand and hauling services for the Jupiter/Carlin Shore Projection project

Page 38

            3L-2    Receive and file various Task Assignments for the Environmental Resources Management Department

Page 39

            3L-3    Amendment No. 3 with The Vance Construction Company to provide barge rental and material offloading for marine construction

            3L-4    One appointment to the Groundwater & Natural Resources Protection Board

 

M. PARKS & RECREATION

Page 40

            3M-1   Receive and file two Amphitheater Rental Agreements

            3M-2   Receive and file two Sound & Light Production Services Contractor Agreements

            3M-3   Receive and file on First Amendment to the Independent Contractor Agreement

Page 41

            3M-4   Receive and file one Amphitheater Rental Agreement

 

N. LIBRARY

Page 41

            3N-1   Submittal of an Application to the Florida Department of State, Division of Library and Information Services for State Aid to Libraries

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION  -  None


SEPTEMBER 9, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

R. HUMAN RESOURCES  -  None

 

S. FIRE RESCUE

Page 41

            3S-1    Donation and title transfer of a surplus vehicle to the Palm Beach County Sheriff’s Office

Page 42

            3S-2    Interlocal Agreement with the Town of Manalapan for fire protection and emergency medical services

 

T. HEALTH DEPARTMENT

Page 42

            3T-1    Resolution adopting the FY 2014/2015 budget for the Air Pollution Control Program

 

U. INFORMATION SYSTEMS SERVICES

Page 42

            3U-1   Amendment No. 1 to the Technical Currency Program Agreement with Xerox Government Systems, LLC associated with software maintenance coverage for the Banner Courts system

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS -  None

 

X. PUBLIC SAFETY

Page 43

            3X-1    Judicial Inquiry System Inter-Agency User Agreement and Agency Appointed Contracts with the Office of the State Court Administrator associated with the County’s Pretrial Services Program

            3X-2    Grant Agreement with FPL relating to the Radiological Emergency Preparedness Program

Page 44

            3X-3    Receive and file executed contracts with the Florida Council Against Sexual Violence to provide sexual battery recovery services

            3X-4    Receive and file amendments to contracts for drug treatment and testing services

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT

Page 45

            3Z-1    Third annual option to renew the Administrative Services Only Agreement with CIGNA Health and Life Insurance Company for claims administration services for the County’s self-funded HMO and POS health insurance plans

            3Z-2    Receive and file two Business Associate Agreements

 

AA. PALM TRAN

Page 46

            3AA-1 Two Year Agreement with Cen-West Communities, Inc. associated with bus service for residents in Century Village Boca Raton

            3AA-2 Revised Substance Abuse Policy

            3AA-3 Submittal of a Section 5311 Grant Application to the Florida Department of Transportation to offset fixed route costs in the Lakes Region

Page 47

            3AA-4 Funding Agreement with the City of Boca Raton for enhanced bus services between the Boca Raton Tri-Rail Station, FAU, PBSC, the FAU Research & Development Park campus and Federal Highway

           

BB. INTERNAL AUDITOR

Page 47

            3BB-1 Audit Reports/Status Follow-up report

 

SEPTEMBER 9, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

CC. SHERIFF

Page 48

            3CC-1            High Intensity Drug Trafficking Area Grant

 

            DD. TOURIST DEVELOPMENT COUNCIL

Page 48

            3DD-1            Fourth Amendment with Discover Palm Beach County, Inc. for provision of services under the Tourist Development Plan

            3DD-2            Fifth Amendment with Cultural Council of Palm Beach County, Inc. for provision of services under the Tourist Development Plan

Page 49

            3DD-3            Third Amendment with Palm Beach County Sports Commission, Inc. for provision of services under the Tourist Development Plan

            3DD-4            Third Amendment with Palm Beach County Film and Television Commission for provision of services under the Tourist Development Plan

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 50

            4A       Application of Lourdes-Noreen McKeen Residence for Geriatric Care, Inc. for issuance of Revenue Refunding Bonds

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 51

            5A-1    Agreement with KaBOOM!, Inc. and Lake Worth West Resident Planning Group, Inc. for purchase and installation of playground equipment at Lake Worth West Park

            5A-2    Amendment No. 21 to the Contract with Robert Weisman, County Administrator

            5A-3    Hospital lien on proceeds of settlements or judgments

 

            ENVIRONMENTAL RESOURCES MANAGEMENT

Page 52

            5B-1    Ordinance amending the Wellfield Zone of Influence Maps in the Unified Land Development Code

 

            FACILITIES DEVELOPMENT & OPERATIONS

Page 52

            5C-1   Lake Park Harbor Marina Dockage Agreement with the Town of Lake Park for lease of boat slips within the Lake Park Harbor Marina

 

            PALM TRAN

Page 53

            5D-1   Selection Committee’s recommendations for Palm Tran Connection paratransit services -  TIME CERTAIN 11:00 A.M.

Page 54

            5D-2   Palm Tran Trespass Ordinance

 

            PARKS & RECREATION

Page 55

            5E-1    Conceptual Master Plan for Morikami Park


SEPTEMBER 9, 2014

 

TABLE OF CONTENTS

 

 

REGULAR AGENDA CONTINUED

 

            PUBLIC SAFETY

Page 55

            5F-1    Resolution enacting a new schedule of fees and fines for the Palm Beach County Moving Ordinance

 

BOARD APPOINTMENTS  (Page 56)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 57)

 

STAFF COMMENTS  (Page 58)

 

COMMISSIONER COMMENTS (Page 59)

 

ADJOURNMENT (Page 59)

 


SEPTEMBER 9, 2014

 

 

2C.      SPECIAL PRESENTATIONS – 9:30 A.M.

 

 

            1.         Recognition of Bevin A. Beaudet and John J. Callahan, III upon their retirement.

 

 

2.         48TH Annual Employee Service Awards

 

 

3.         Proclamation declaring September 26, 2014 as “Palm Beach Partners Business Matchmaker Conference and Expo Day” in Palm Beach County.  (Sponsored by Mayor Taylor)

 

 

4.         Proclamation declaring September 2014 as “National Alcohol and Drug Addiction Recovery Month” in Palm Beach County. (Sponsored by Commissioner Valeche)

 

 

5.         Proclamation declaring September 2014 as “Childhood Cancer Awareness Month” in Palm Beach County. (Sponsored by Vice Mayor Burdick)

 

 

6.         Proclamation declaring September 2014 as “National Senior Center Month” in Palm Beach County. (Sponsored by Commissioner Vana)

 

 

7.         Proclamation declaring October 2014 as “Domestic Violence Awareness Month” in Palm Beach County. (Sponsored by Commissioner Abrams)

 

 

8.         Proclamation declaring September 14 – 20, 2014 as “National Adult Day Services Week” in Palm Beach County. (Sponsored by Commissioner Berger)

 

 

9.         Proclamation declaring September 2014 as “Workforce Development Month” in Palm Beach County. (Sponsored by Mayor Taylor)

 

 

10.       Proclamation declaring October 16, 2014 as “Childhood Nutrition Day” in Palm Beach County. (Sponsored by Commissioner Valeche)

 

 

11.       Proclamation declaring the second week of January 2015 as “SuperCar Week” in Palm Beach County. (Sponsored by Mayor Taylor)

 

 

12.       Proclamation declaring October 6, 2014 as “German-American Day” in Palm Beach County. (Sponsored by Vice Mayor Burdick)

 

 

13.       Proclamation declaring September 20, 2014 as “Caribbean-American Day” in Palm Beach County. (Sponsored by Commissioner Santamaria)

 

 

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


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: a Contract with S. Renée Narloch & Associates as the Consultant for the executive search of the new County Administrator, for an amount not to exceed $24,250. SUMMARY:  Pursuant to Board direction, staff issued a Request For Proposals (RFP) for an executive search consultant to conduct the search for the new County Administrator. On July 31, 2014, the Selection Committee reviewed two proposals received in response to RFP 14-063/DP (County Administrator Executive Search Services). Following a presentation by each proposer and discussion, the Committee evaluated the proposals and recommended an award to S. Renée Narloch & Associates, a Tallahassee, Florida company. The Executive Search Consultant scope of work will include, but not be limited to: work with the Board established County Administrator Selection Advisory Committee; gather input from Commissioners and develop a community/job profile; design/develop recruitment strategy and collateral materials; perform advertisement placement/candidate engagement activities; screen résumés; present semifinalists for Board of County Commissioners (BCC) review; work with BCC to short list candidates; perform extensive reference and background checks on short list group; facilitate one-on-one candidate interviews with BCC; coordinate any meetings with County staff, Constitutional officers, the public, business and private interest groups; design/develop interview process, Interview Procedures Guide and backgrounds on top candidates to BCC; implements public interviews, assists in salary negotiation; and any other related duties that may be required. Countywide (DO)

 

 

2.         Staff recommends motion to approve: appointment of the following at-large members to the County Administrator Selection Advisory Committee, effective September 9, 2014:

 

Appoint                      Seat No.          Seat Requirement                              Recommended By

 

Maziar Keshavarz                8                Resident w/knowledge of                       Economic Council of Palm                                                     public administration/government           Beach County

                                                            operations

 

Steve B. Wilson                              9                Same as above                                     Palm Beach County League of Cities

                                                                                   

SUMMARY: County Administrator Robert Weisman will retire from Palm Beach County government in August 2015. In March 2014, staff presented the Board of County Commissioners (BCC) options for administering a selection process for Mr. Weisman’s replacement. At that time, the BCC recommended creation of a County Administrator Selection Advisory Committee (Committee), and use of an Executive Search Consultant to conduct a nationwide recruitment process. On May 6, 2014, the BCC adopted a Resolution creating the Committee. The Committee is comprised of nine members: seven District appointments and two at-large appointments (one nominated from the Economic Council of Palm Beach County and one nominated by the League of Cities). The Mayor’s appointee will serve as the Committee Chair. Mr. Keshavarz, the Economic Council’s nominee has disclosed that his firm, Keshavarz & Associates, Inc. has existing contracts with the County for various engineering services relating to Water Utilities and Engineering projects. The Committee provides no regulation, oversight, management, or policy-setting recommendations regarding the disclosed contracts. Disclosures of these contractual relationships at a duly noticed public meeting are being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. Countywide (DO)

 

 

 

 

 

SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to approve: Golf Tournament Agreement with Trump International Golf Club, L.C., Palm Beach Habilitation Center, Inc., and The Arc of Palm Beach County for a one day charitable golf tournament to be held on October 27, 2014. Summary: The Development Site Lease Agreement with the Trump International Golf Club, L.C. (Trump), approved September 3, 1996 (R96-1277D), allows use of the golf course during the months of May through October for the County to host either a single two-day, or two one-day charitable golf tournament(s).  The Golf Tournament Agreement provides for the Trump International Golf Club to be available exclusively for the tournament to be held on October 27, 2014.  Proceeds from the golf tournament will benefit Palm Beach Habilitation Center, Inc. and The Arc of Palm Beach County. Countywide (AH)

 

 

4.         Staff recommends motion to approve: payment in an amount not to exceed $3,000 for participation in the Palm Beach Partners Business Matchmaker Conference & Expo to be held on September 26, 2014 at the Kravis Center, West Palm Beach, FL. SUMMARY:   The Office of Small Business Assistance, Department of Airports and Palm Tran are participating with the South Florida Water Management District, School District of Palm Beach County, the City of West Palm Beach, the City of Riviera Beach, the Center for Technology, Enterprise & Development, Inc. (TED Center) and the Paragon Foundation, Inc., to present the 2014 Business Matchmaker Conference & Expo (a statewide conference). This is the 8th Annual Matchmaker Conference & Expo held in Palm Beach County. Each participating entity will contribute $3,000 and the county’s contribution will be broken down as follows: the Office of Small Business Assistance ($1,000), Department of Airports ($1,000) and Palm Tran ($1,000). Payment will be made on or before September 20, 2014 to Paragon Florida, Inc., the fiscal agent for the Palm Beach Partners. The conference and expo will provide Small Business Enterprise owners an opportunity to collaborate with larger businesses in an effort to increase business opportunities and knowledge of programs offered by the above listed governmental partners. Countywide (TKF)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

5.         Staff recommends motion to approve: the reappointment of David H. Talley, Eduardo Gruvman, Dr. Mel Coleman and Richard Radcliff to the CareerSource Palm Beach County, Inc. Board of Directors for the period October 1, 2014, through September 30, 2017:

 

Nominee/

Appointment

Seat No.

Term

Area of Representation

Nominated By

Dr. Mel D. Coleman, Ed. D.

4

10/1/14-9/30/17

Private Sector

Business Development Board of Palm Beach County, Inc.

Eduardo Daniel Gruvman

8

10/1/14-9/30/17

Private Sector

Business Development Board of Palm Beach County, Inc.

David H. Talley

12

10/1/14-9/30/17

Private Sector

Business Development Board of Palm Beach County, Inc.

Richard C. Radcliffe

13

10/1/14-9/30/17

Private Sector

Palm Beach County League of Cities, Inc.

 

Summary: The membership of CareerSource Palm Beach County, Inc. conforms to the requirements of the Workforce Investment Act (WIA) of 1998, and the Workforce Innovation Act of 2000.  Policy for this item is defined in R2007-1220 Agreement between Palm Beach County, Florida (County) and CareerSource Palm Beach County, Inc. dated July 10, 2007. Per this Agreement, 17 private sector member appointments shall be made by County.  The Workforce Investment Act of 1998 requests that an emphasis be placed on Chief Executive Officers or highest level of management positions for both community and business sector appointments. The CareerSource Palm Beach County, Inc. Board of Directors is comprised of a minimum of 35 members as determined from time to time by the Board of Directors with representatives of business in the local area who are owners of businesses, local educational entities, labor organizations, community-based organizations, economic development agencies, or one-stop partners. Countywide (TKF)

 

 

6.         Staff recommends motion to approve: Mutual Use Agreements for grants in a total amount not to exceed $24,905.13 for the Handicap Accessibility and Awareness Grant Program with the following non-profit agencies, in the amounts and for the services indicated for the period October 1, 2014, through September 30, 2015:

 

A) The Arc of Palm Beach County, Inc. - funds will be used to purchase food and other related supplies for the food service component of the Career Transition Program and art supplies for the Artisan Program to give participants (aged 18 and older) an opportunity to utilize their creative talents to produce unique pieces of art, in an amount not to exceed $2,000;

 

B) Florida Outreach Center For The Blind, Inc. - funds will improve marketing and expand outreach into the Palm Beach County community through better presentations of the program in large group settings and also generate educational and informational literature to reach more people with disabilities. Office storage, classroom equipment and instructional aides, as well as, supplies for the annual outreach events in the Palm Beach County, necessary to fulfill the curriculum and educate the community will be purchased, in an amount not to exceed $4,949.13;

 

C) Palm Beach Habilitation Center, Inc. - funds will be used to install an automatic main entrance door to the Career Development Building, for persons using wheelchairs and ambulation devices, and install an accessible shower, in an amount not to exceed $5,000;

 

 

SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

                        6.         MOTION/TITLE CONTINUED

 

D) Coalition for Independent Living Options, Inc. - funds will improve access to services for people with disabilities by providing quarterly disability compliance training to members of the community and service providers, to further the goal of inclusion for people with disabilities in Palm Beach County, in an amount not to exceed $2,000;

 

E) Jeff Industries, Inc. - funds will enhance accessibility services for persons with disabilities by extending the computer network systems in the Amigos Drop-in Center. Two computers, printer, large video monitor, and furniture will allow persons with disabilities to access career websites, community resources and educational training videos, not to exceed $3,500;

 

F) Foundcare, Inc. - funds will improve the physical accessibility of the main building by installing two DuraSwing door openers, not to exceed $4,956; and

 

G) National Federation of the Blind Florida, Inc., Palm Beach Chapter - funds will support the purchase of a wireless microphone to convey loud and clear information to persons with disabilities during monthly meetings. Funds will assist with booth rental at The South Florida Fair to continue the mission of educating the public on blindness and to partially cover the cost of registration, lodging and transportation for 15 people to attend the 2015 convention of the National Federation of the Blind, taking place in Orlando, Florida, July 1-6, at the Rosen Centre Hotel, not to exceed $2,500.

 

Summary:  The funds for this grant are derived from funds collected from parking violations in designated parking spaces. County Ordinance 92-29 provides that revenue from these fines shall be used to improve accessibility and equal opportunity to qualified physically disabled persons in the County and to provide funds to conduct public awareness programs concerning physically disabled persons. Mr. William Lapp has disclosed that he serves on the board of directors for the non-profit Florida Outreach for the Blind, Inc., in which his wife is the executive director.  Disclosure of this relationship is being provided in accordance with the provision Sect. 2-443 of the Palm Beach Code of Ethics. Mr. Lapp requested an advisory opinion from the Palm Beach County Commission on Ethics (COE) regarding his eligibility to serve on the Committee.  On September 14, 2011, the COE opined that Mr. Lapp is not prohibited from serving on the Committee, but must: 1) disclose the nature of his conflict before the Committee discusses the issue; 2) abstain when the vote takes place and not personally participate in the matter; and 3) file a state voting conflict form.  A copy of the advisory opinion is attached. Mr. Lapp has agreed to and has complied with the COE direction. Countywide (DRO)

 

 

7.         Staff recommends motion to approve: the Alton Planned Community Development (PCD) Plat.  Summary: On May 2, 2006, the Board of County Commissioners (BCC) approved the Grant Agreement with The Scripps Research Institute, which included the Ground Lease Agreement as an Exhibit.  The Grant Agreement requires the County to obtain development entitlements, environmental permits, and water/sewer capacity reservations for the 70 acres to facilitate the construction of an additional 1.6 million square feet of bioscience or related use. The County fulfilled these contractual obligations as of June 29, 2011.  The Alton PCD Plat is the plat of the Briger site and includes the seventy acres owned by the County and leased to Scripps as well as 680+/- additional acres owned by Kolter.  Kolter is moving forward with development of their property.  In order to do so, platting of the property is required. At this time, Scripps has not approached the County with any specific development plans for the 70 acres. Countywide (HJF)

 

 

SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to approve:  Warrant List.

 

 

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

 

Meeting Type                                  Meeting Date

Regular                                              July 22, 2014

Environmental Control                   July 24, 2014

Zoning                                               July 24, 2014

 

 

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 April 2014. Countywide

 

 

5.         Staff recommends motion to receive and file: proof of publications “Unclaimed Monies” advertised by the Clerk & Comptroller of Palm Beach County.  SUMMARY:  Pursuant to F.S. 116.21, the Clerk advertised certain unclaimed monies held which are subject to forfeiture to Palm Beach County. Florida Statutes 116.21 requires that the proof of publication “shall be filed and recorded in the minutes of the County Commission of such county”. Countywide (PFK)

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Town of Jupiter (Town) to allow Palm Beach County (County) to assess property owners for the construction of water service improvements in the Fox Run Section A Subdivision, Fox Run Section B Subdivision and Jupiter Little Acres Subdivision (Projects), through the Municipal Service Taxing Units (MSTU) assessment program.  SUMMARY: Approval of this Agreement will allow the Town to proceed with the Projects as desired. The Town desires to expand its water service into unincorporated Palm Beach County and assess property owners for the improvement costs by using the County’s MSTU program.  Chapter 163, Florida Statutes, as amended, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. The Town has agreed to advance the funds for design, permitting and construction of the Projects.  Upon completion of the Projects, the County will assess the benefitting property owners over a 20 year period at an interest rate not to exceed 5% per annum through the MSTU assessment program.  The County will then transfer the collected funds to the Town. District 1 (MRE)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

2.         Staff recommends motion to approve: a Task Order to the annual structural contract, R2014-0225, in the amount of $153,290.10, with R.J. Behar & Company, Inc. (RJB), for professional services for the Drexel Road over Lake Worth Drainage District L-2 Canal bridge replacement project (Project).  SUMMARY:  Approval of this Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project.  The Small Business Enterprise (SBE) goal for the Project is 15%. RJB has achieved 100% SBE participation for this Project.  RJB has an office in Palm Beach County. District 2 (MRE)

 

 

3.         Staff recommends motion to approve: a Contract with R&D Paving, LLC (R&D) in the amount of $281,817.50 for the construction of 10th Avenue North and Military Trail Intersection Improvements (Project).  SUMMARY: Approval of this Contract will allow Palm Beach County to issue a notice to proceed to R&D, a Palm Beach County company, to begin construction of the Project.  The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall.  The SBE participation proposed for the Project by R&D is 37.25%. Districts 2 & 3 (MRE)

 

 

4.         Staff recommends motion to approve:  a First Amendment to the annual pavement marking contract (Contract), R2013-0810, Project No. 2013055, dated July 2, 2013, with Southwide Industries, Inc. (Contractor).  SUMMARY:  Approval of this First Amendment will extend the expiration date from December 31, 2014 to December 31, 2015.  The Contract provides that its term may be extended for a defined period of time, with a total contract time span of 36 months. The initial contract term was 18 months, and we expect to spend $700,000 during that time.  This 12-month extension will bring the total authorized contract time to 30 months. The Contract consists of furnishing and installing pavement marking material, raised reflectorized pavement markers and traffic paint on roadways. Countywide (MRE

 

 

5.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, repealing and replacing Resolution Nos. R71-97, R75-584, R87-1981 and R2005-0948 (Resolutions) to allow the County Engineer, Deputy County Engineer, Assistant County Engineer, Director of Roadway Production, Assistant Director of Roadway Production, Director of Traffic Division, and Assistant Director of Traffic Division to sign and submit permit applications with various permitting agencies on behalf of Palm Beach County (County), and to represent the County at various permitting agency board meetings.  SUMMARY: Adoption of this Resolution will allow certain Engineering personnel to sign and submit permit applications and attend various permitting agency board meetings on behalf of the County. Repealing and replacing the Resolutions consolidates the original delegation of authority and various amendments and updates the list of individuals who will be allowed to sign and submit permit applications and represent the County at various permitting agency board meetings. Countywide (MRE)

 

6.         DELETED

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

7.         Staff recommends motion to approve:  a Task Order to the annual contract, R2014-0891, in the amount of $147,016.34, with Arcadis U.S., Inc. (Arcadis), for professional services for the Lantana Road and Lawrence Road Intersection Improvements project (Project). SUMMARY:  Approval of this Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project.  The Small Business Enterprise (SBE) goal for the Project is 15%.  Arcadis has achieved 34.16% SBE participation for this Project.  Arcadis is a Palm Beach County company. District 3 (MRE)

 

 

8.         DELETED

 

 

9.         DELETED

 

 

10.       Staff recommends motion to adopt: eleven Resolutions to declare the acquisition of properties designated as Parcels 101, 106, 108, and 109 as partial fee simple road Right-of-Way; Parcel 201 as a Permanent Easement; Parcels 202, 204, and 205 as Permanent Line-of-Sight Easements; Parcels 301 and 306 as Temporary Construction Easements and Parcel 1 as a partial fee simple acquisition for a Water Management Area, all necessary for the construction and improvement of Haverhill Road from south of the LWDD L-14 Canal to Lake Worth Road (Project).  SUMMARY:  Adoption of these Resolutions will initiate eminent domain proceedings against eleven parcels having a total appraised value of $377,614.  The property owners have not accepted the offers to purchase made by Palm Beach County.  It is therefore necessary to file eminent domain proceedings to acquire these parcels. District 2 (PM)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

11.       Staff recommends motion to approve:

 

A) a First Amendment to the Annual Asphalt Milling and Resurfacing Contract (Contract), Project No. 2013052, dated March 12, 2013, with Community Asphalt Corp., R2013-0235, to extend the Contract expiration date from September 30, 2014 to September 30, 2015; and increase the amount of the Contract by $4,000,000; and

 

B) a First Amendment to the Annual Asphalt Milling and Resurfacing Contract (Contract), Project No. 2013052, dated March 12, 2013, with Ranger Construction Industries, Inc., R2013-0236, to extend the Contract expiration date from September 30, 2014 to September 30, 2015; and increase the amount of the Contract by $4,000,000.

 

SUMMARY: Approval of these Amendments will extend the expiration dates from September 30, 2014 to September 30, 2015, and will increase the Contract amount by $4,000,000 from $8,110,000 to $12,110,000. The Contract amount was previously increased from $6,110,000 to $8,110,000 by approval of Change Order No. 1, dated April 15, 2014, R2014-0486. Each Contract provides that the terms may be extended for a defined period of time, within a maximum contract time of 36 months. The initial Contract term was 18 months. This 12-month extension will bring the total authorized Contract time to 30 months. The original Contract amount is based on the original Contract time.  As the Contract time is extended into a new budget year, the Contract amount needs to be increased. The increased Contract amount is based on estimated amounts to be expended throughout Palm Beach County by the Road & Bridge Division. Countywide (MRE)

 

 

12.       Staff recommends motion to adopt: a Resolution transferring jurisdictional control, maintenance responsibility, and ownership of any and all right-of-way for Indiantown Road from U.S. Highway 1 to A1A to the Town of Jupiter (Town). SUMMARY:  Adoption of this resolution will give the Town jurisdictional control, maintenance responsibility (except for current and future traffic signals), and ownership of any and all right-of-way for Indiantown Road from U.S. Highway 1 to A1A, which is wholly within the Town’s municipal limits. Palm Beach County currently has this section of Indiantown Road under its jurisdiction. District 1 (MRE)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a Settlement Agreement in the amount of $117,000, inclusive of attorney’s fees and costs, in the personal injury action styled Karen McCray v. Palm Beach County, Case No. 502013CA018719XXXXMB AD. SUMMARY: This is a personal injury case which arose out of an incident that occurred on December 19, 2012. The plaintiff, 50 years old and a Palm Tran passenger, sustained injuries when the Palm Tran bus driver, who was allegedly speeding, slammed on his brakes to avoid rear-ending a truck which had stopped for a yellow light. There was no collision, but Ms. McCray was thrown from her seat into the seat in front of her. The Plaintiff treated with a chiropractor, a surgeon and podiatrist for neck, back and ankle injuries. She sustained multiple herniations in her neck and back and a torn Achilles tendon. She ultimately underwent fusion surgery on her low back. Her doctor assigned an 18% impairment rating. Her past medical bills total $117,000, including a $39,733.00 Medicaid lien. Plaintiff is only seeking payment of her past medical bills. Staff, including the Risk Management Roundtable Committee, concurs that this settlement is in the best interest of Palm Beach County. Countywide (SCL)

 

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to receive and file: Data Provision and Confidentiality Agreement with Lutheran Services Florida, Inc. (LSF), effective July 1, 2014, to improve service delivery for infants and toddlers. Summary: The County’s HS/EHS grant funded operations ended on June 30, 2014.  This Agreement assists LSF in its continued efforts to increase recruitment for qualified families and ensures a seamless transition in order to provide services to infants and toddlers. The data sharing collaboration includes, but is not limited to educational assessments, participant application information, income verification documents, program eligibility, health disability and inclusion records. Federal and State initiatives encourage the development of collaborative agreements between agencies. This Agreement reduces duplication of services; facilitates improved service delivery for infants and toddlers and utilizes available resources more effectively. This Agreement is being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive this item.  This Agreement was executed by delegated authority. On March 11, 2014, the Board of County Commissioners authorized the County Administrator to execute data sharing agreements for this purpose. No County funds are required. (Head Start) Countywide (TKF)

 

 

2.         Staff recommends motion to adopt: a Resolution repealing Resolution R2011-1999 which will dissolve the Head Start/Early Head Start (HS/EHS) Policy Council. Summary: The County’s HS/EHS grant funded operations ended on June 30, 2014. A Resolution is required to dissolve the HS/EHS Policy Council that was required under the grant. (Head Start) Countywide (TKF)

 

 

3.         Staff recommends motion to approve: reappointment and appointment to the Citizens Advisory Committee on Health and Human Services (CAC/HHS) for a three year term, effective October 1, 2014:

 

Seat No.          Reappointment          Seat Requirement      Term Ending  Nominated By

11                    Pamela Gionfriddo       Support Services         09/30/2017      Comm. Taylor

CAC/HHS

           

Seat No.          Appointment              Seat Requirement      Term Ending  Nominated By

8                      Anne Gerwig                League of Cities          09/30/2017      Comm. Taylor

                                                                                                                        CAC/HHS

                                                                                                                        League of Cities

 

Summary: The Citizens Advisory Committee on Health and Human Services consists of eleven members with at least one member being a resident west of the 20-Mile Bend and at least one member being a representative of the Palm Beach County League of Cities.  Founding members were appointed for 1, 2 and 3 year terms with subsequent terms of three years.  The Resolution creating the CAC/HHS requires the Executive Committee of the Citizens Advisory Committee to solicit and recommend member nominations for transmittal to the Board of County Commissioners. The Board of County Commissioners was notified by memo dated July 9, 2014, and requested to provide nominations for appointment. The CAC/HHS, on May 8, 2014, recommended that Pamela Gionfriddo be reappointed and Anne Gerwig, League of Cities representative be appointed. Countywide (TKF)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to receive and file: Notice of Award No. 04CH3046/47 from the Department of Health and Human Services/Administration for Children and Families (DHHS/ACF), for the period October 1, 2012, through June 30, 2014, in an amount not to exceed $166,764, for the Cost of Living Adjustment (COLA). Summary:  A Notice of Award was received on June 25, 2014 from the DHHS/ACF issuing grant amount of $166,764 in the Head Start program. COLA funds in the amount of $105,021 were utilized to partially offset the 3% increase provided by Palm Beach County in October 2013. COLA funds in the amount of $61,743 were applicable to the program’s delegate agencies, which included Hispanic Human Resources Council, Inc. Florence Fuller, Child Development Center, Inc., and The Young Woman’s Christian Association of Palm Beach County, Florida. The delegate agencies utilized the award to increase salary and fringe benefits. No County funds are required. This receive and file item is being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive this item. (Head Start) Countywide (TKF)

 

 

5.         Staff recommends motion to approve: Amendment No. 01 to Contract for Provision of Services with Vita Nova, Inc. (R2013-1404), for the period October 1, 2013, through September 30, 2014, increasing funding by $9,604 for a new total contract amount not to exceed $59,477, to provide emergency shelter and homeless prevention services to individuals and families who are homeless or at risk of homelessness. Summary: This Amendment is necessary to reallocate unspent funds from the Emergency Solutions Grant (ESG) program. ESG service dollars are reviewed throughout the contract year and reallocated to best fit the needs of the clients.  These reallocated dollars will allow additional clients to be served with emergency shelter and homeless prevention services. No County funds are required. (Human Services) Countywide (TKF)

 

 

6.         Staff recommends motion to approve: Contract for Provision of Services with The Gulfstream Goodwill Industries, Inc. for the period October 1, 2014, through September 30, 2015, in an amount not to exceed $34,005 for services to homeless individuals. Summary: Gulfstream Goodwill Industries, Inc. will provide case management services to homeless individuals through Supportive Housing Programs: Project Success and Beacon Place. Case Management services are a vital link to meet the needs of homeless individuals to overcome numerous barriers that have led to their homelessness. A total of $34,005 in County funds is proposed in the FY 2015 budget. (Human Services) Countywide (TKF)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

7.         Staff recommends motion to approve:

 

A) Amendment No. 03 to Contract for Provision of Services with Gulfstream Goodwill Industries, Inc. (R2012-0612), for the period October 1, 2014, through September  30, 2015, to increase funding for engagement, interim housing and rapid re-housing services to homeless individuals by $2,160,709, for a new total contract amount not to exceed $6,384,452; and

 

B) Amendment No. 05 to Contract for Provision of Services with Adopt-A-Family of the Palm Beaches, Inc. (R2012-0613), for the period October 1, 2014, through September 30, 2015, to increase funding for engagement, interim housing, rapid re-housing and navigation services to homeless families by $1,319,099 for a new total amount not to exceed $4,064,710; and

 

C) Amendment No. 04 to Contract for Provision of Services with The Lord’s Place, Inc. (R2012-0614), for the period October 1, 2014, through September 30, 2015, to increase funding for employment services to homeless individuals and families by $204,506 for a new total amount not to exceed $796,680.

 

Summary: The Senator Philip D. Lewis Center (Lewis Center) serves as the main point of access for homeless services in central Palm Beach County. Gulfstream Goodwill Industries, Inc. serves as the lead facility operator and provides individual housing placement; ongoing support, oversight of the on-site interim housing and navigation.  Adopt-A-Family of the Palm Beaches, Inc. provides family engagement, housing placement, ongoing support and navigation; and The Lord’s Place, Inc. provides employment services. The County’s Homeless Outreach Teams and a Health Department staffed medical facility are also located on site.  The amendment amounts reflect funding levels proposed for the Lewis Center in the FY2015 budget. (Human Services) Countywide (TKF)

 


SEPTEMBER 9, 2014

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

8.         Staff recommends motion to approve:

 

A) Renewal Agreement IZ012-9500 to Standard Agreement IZ012-9500 (R2012-1631) for Alzheimer’s Disease Initiative (ADI) with Area Agency on Aging (AAA), for July 1, 2014 to June 30, 2015 in an amount not to exceed $230,810.  Purpose of Renewal is to outline funding allocation for 2014-2015 Agreement period. This renewal: 1) amends paragraph D of Standard Agreement; 2) revises and replaces Attachment II, Budget Summary and Attachment III, Rate Schedule. ADI provides assistance to seniors and caregivers by ensuring that persons afflicted with Alzheimer’s disease and other forms of dementia are provided services to live independently in their homes or in homes of relatives/caregivers; and

 

B) Renewal Agreement IC012-9500 to Standard Agreement IC012-9500 (R2012-1632) for Community Care for the Elderly (CCE) with AAA for July 1, 2014 to June 30, 2015 in an amount not to exceed $1,047,904. Purpose of Renewal is to outline funding allocation for 2014-2015 Agreement period. This renewal: 1) amends paragraph D of Standard Agreement; 2) revises and replaces Attachment II, Budget Summary and Attachment III, Rate Schedule. CCE provides senior’s case management to defer institutional care; and

 

C) Renewal Agreement IH012-9500 to Standard Agreement IH012-9500 (R2012-1634) for Home Care for the Elderly (HCE) with AAA for July 1, 2014 to June 30, 2015 in an amount not to exceed $14,141. Purpose of Renewal is to outline funding allocation for 2014-2015 Agreement period. This renewal: 1) amends paragraph D of Standard Agreement; 2) revise and replace Attachment II, Budget Summary and Attachment III, Rate Schedule. HCE provides case management to seniors and resources to caregivers for in-home care instead of institution care; and

 

D) Renewal Agreement IR012-9500 to Standard Agreement IR012-9500 (R2012-1635) for Respite for Elders Living In Everyday Families (RELIEF) with AAA for July 1, 2014 to June 30, 2015 in an amount not to exceed $119,176.  Purpose of Renewal is to outline funding allocation for 2014-2015 Agreement period. This renewal: 1) amends paragraph D of Standard Agreement; and 2) revises and replaces Attachment VII, Budget Summary. Relief provides caregivers with In-Home Respite by trained volunteers; and

 

E) Renewal Agreement IU013-9500 to Standard Agreement IU013-9500 (R2012-1871) for Nutrition Services Incentive Program (NSIP) with AAA for October 1, 2014 to September 30, 2015 in an amount not to exceed $277,185. Purpose of Renewal is to outline funding allocation for 2014-2015 Agreement period. This renewal: 1) amends paragraph 4 of Standard Agreement; 2) revises Paragraph 6.1.3, 7.6, 13, 13.1, 24, 24.1, 27, and 28 of Standard Agreement; 3) adds Paragraphs 10.8, 10.9, 18.3, and 47.5 to Standard Agreement; 4) revises Sections 1.3.1; 2.4.2.3; 3.1; and 3.2.2 of Attachment I; 5) revises and replaces Attachment III, Exhibit 1; 6) revises and replaces Attachment XII; 7) revises and replaces Attachment XIII. Received funds supplement cost of providing seniors Congregate and Home Delivered Meals; and

 

F) Budget Amendment of $1,062,718 in the DOSS Administration Fund to align the budget to the actual grant award for fiscal year 2014.

 

Summary: The purpose of the Renewal Agreements is to outline funding allocation for the 2014-2015 Agreement period. ADI renewal agreement is funded with $230,810 in State funds, $6,145 in program income funds and $171,809 in additional County funds. CCE renewal agreement is funded with $1,047,904 in State funds, $27,283 in program income funds, $116,433 in County required match, and $853,312 in additional County funds. HCE renewal agreement is funded with $14,141 in State funds and $57,536 in additional County funds and also provides a spending authority of $123,685 for client services that are directly paid by AAA.  RELIEF renewal agreement is funded with $119,176 in State funds and $138,816 in additional County funds.  Beginning July 1 2014 through September 30, 2014, the current unit rate provides a stipend for the RELIEF volunteers of $5.15 per hour. Beginning October 1, 2014, and thereafter, the unit rate provides a stipend for the RELIEF volunteers of $5.25 per hour.  NSIP renewal agreement is funded with $277,185 in Federal funds. Sufficient funding is included in the current budget to meet County obligations. (DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

9.         Staff recommends motion to approve: Contract for Provision of Financial Assistance with The Jerome Golden Center for Behavioral Health, Inc. for the period July 1, 2014, through June 30, 2015, in an amount not to exceed $84,918 for up to 9 permanent housing beds for disabled, chronically homeless individuals.  Summary: The Human Services Division (Division) has received funds from the U.S. Department of Housing and Urban Development (HUD) Continuum of Care Program grant to provide rental assistance for permanent housing beds.  As a result, the Division is contracting with The Jerome Golden Center for Behavioral Health, Inc. to provide permanent housing beds for up to 9 chronically homeless, disabled individuals.  Thomas McKissack of The Jerome Golden Center for Behavioral Health, Inc., serves on the Palm Beach County HIV Care Council Advisory Board. This board provides no regulation, oversight, management, or policy-setting recommendations regarding the activities funded by this contract.  Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. No County funds are required.  (Human Services) Countywide (TKF)

 

 

10.       Staff recommends motion to:

 

A) receive and file Project Award Notification No. 760-4055B-5CFJ1 from the Florida Department of Education, for the budget period July 1, 2014 through June 30, 2015, in an amount not to exceed $224,853; and

 

B) approve Budget Amendment of $168,982 in the Farmworker Career Development Program fund to reconcile the budget to the actual grant award.

 

Summary: A Project Award Notification was received on July 7, 2014 from the Florida Department of Education (FDOE) issuing grant amount of $224,853 in the National Farmworker Jobs Program (WIA), Title I Section 167. The funds will be utilized to pay education/vocational fees for participants enrolled in the program. No County funds are required.  This receive and file item is being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive this item. Budget Amendment is necessary to reconcile the budget to the actual grant award. (Farmworker Career Development Program) Countywide (TKF)

 

 

11.       Staff recommends motion to approve: Contract for Provision of Services with The Jerome Golden Center for Behavioral Health, Inc., for the period of October 1, 2014, through September 30, 2015, in an amount not to exceed $73,318 for services to homeless individuals.  Summary:  The Jerome Golden Center for Behavioral Health, Inc. will provide supportive services through the Homeless Assertive Community Treatment Team to include case management, employment counseling, medication management, benefits counseling and peer counseling. These services are provided to homeless individuals who are severely mentally ill or dually diagnosed and have been placed in permanent housing through the Housing and Urban Development (HUD) Shelter Plus Care grant programs. A total of $73,318 in County funds is proposed in the FY 2015 budget. Thomas McKissack of The Jerome Golden Center for Behavioral Health, Inc. is a member of the HIV Care Council. This board provides no regulation, management, or policy-setting recommendations regarding the Homeless Assertive Community Treatment Team activities funded by this contract. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.  (Human Services) Countywide (TKF)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

12.       Staff recommends motion to receive and file: Contracts for Consulting/Professional Services with the below listed non-profit agencies, for the period July 1, 2014, through September 30, 2014, in an amount totaling $51,000, to provide various training services to low income participants serviced by the Community Services Department:

 

A) Credit Card Management Services, Inc., in an amount not to exceed $11,000;

 

B) The Center for Technology, Enterprise and Development, Inc., in an amount not to exceed $20,000; and

 

C) New Beginnings Community Development Center, Inc., in an amount not to exceed $20,000.

 

Summary: On April 2, 2013, the Board of County Commissioners (BCC) approved a list of pre-qualified public and non-profit agencies to provide various training services for the Community Services Department (Agenda Item 3.E.6). The services provided by the agencies include entrepreneurial, life skills, leadership and financial management training.  All of the training funds are provided by the Community Service Block Grant. These contracts were executed by delegated authority. On April 2, 2013, the BCC authorized the County Administrator, or his designee to execute contracts for this purpose. These contracts are being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive this item. No County funds are required. (Community Services) Countywide (TKF)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file: an Extension of Time to the following Joint Participation Agreements (JPA) with the Florida Department of Transportation (FDOT):

 

A) Rehab Itinerant Apron at Palm Beach County Park Airport, Fin. Proj. No.: 423961-1-94-01 approved by the Board on September 11, 2012 (R2012-1243) and amended December 17, 2013 (R2013-1791 & 1792), is hereby extended until September 30, 2015;

 

B) Rehab Runway 3/21 & Runway 9/27 Intersection and Misc. Airfield Pavement Repairs at Palm Beach County Park Airport, Fin. Proj. No.: 430944-1-94-01 approved by the Board on September 11, 2012 (R2012-1244), is hereby extended until December 31, 2015; and

 

C) Golfview Apron, Taxilanes/Taxiways and Infrastructure at Palm Beach International Airport, Fin. Proj. No.: 427902-1-94-01 approved by the Board on September 11, 2012 (R2012-1245), is hereby extended until December 31, 2015.

 

SUMMARY: Delegation of authority for execution of the above Extensions of Time to the JPAs with the FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide (AH)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve: Amendment No. 6 to the Construction Manager (CM) at Risk Contract with The Morganti Group, Inc. for CM at Risk Services for Terminal Improvements at Palm Beach International Airport (PBIA) in the amount of $237,000 and 90 calendar days for Task M-8: Friction Surface Course at PBIA.  SUMMARY:  The CM at Risk Contract with The Morganti Group, Inc. for CM at Risk Services for Terminal Improvements at PBIA was approved by the Board on June 4, 2013 (R2013-0663).  The Contract is for two years with three one-year renewal options and is a task order based contract for CM at Risk Services at PBIA.  The Morganti Group, Inc. is a Danbury, Connecticut, based firm; however, the work will be directly managed by their southeast regional office in Palm Beach County.  Approval of Amendment No. 6 in the amount of $237,000 and 90 calendar days is for Task M-8: Friction Surface Coating at PBIA.  The Disadvantaged Business Enterprise (DBE) goal for this contract is 13%.  The anticipated DBE participation for this Amendment is 13%. Countywide (JCM)

 

 

3.         Staff recommends motion to approve: Automated Retail Vending Concession Agreement (Agreement) with NewZoom, Inc., d/b/a ZoomSystems (ZoomSystems), for an initial term of three years and minimum monthly guarantee of $500 per retail vending machine location. SUMMARY: This Agreement provides for the installation and operation of retail vending machines at the Palm Beach International Airport (PBIA). ZoomSystems is a California corporation with its principal place of business in San Francisco, California. The initial term commences on October 1, 2014 and expires on September 30, 2017 with one two-year renewal at the County’s option. ZoomSystems retail vending machines will sell a variety of products, including consumer electronics and health and beauty items. ZoomSystems will pay the greater of a minimum monthly guarantee of $500 per machine or a privilege fee of 6.5% of monthly gross revenues earned from machines primarily selling consumer electronics or 10% of monthly gross revenues earned from machines primarily selling products other than electronics.  ZoomSystems has proposed installing seven retail vending machines at PBIA.  Countywide (AH)

 


 

SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

4.         Staff recommends motion to approve:

 

A) a Second Amendment to Lease Agreement with Enterprise Leasing Company of Florida, LLC, a Delaware limited liability company, d/b/a National Car Rental (Enterprise) (R2013-0137) (Belvedere Lease) (Second Amendment)  for property at 2125 Belvedere Road at the Palm Beach International Airport (PBIA) (Belvedere Property); and

 

B) a First Amendment to Short-Term Lease Agreement with Enterprise (R2014-0591) (Turnage Lease) (First Amendment) for property at 2401 Turnage Boulevard at PBIA (Turnage Property).

 

SUMMARY: The Belvedere Property is developed as a rental car facility.  Enterprise also controls the adjoining property at 2121 Belvedere Road and is seeking approval to develop both properties as a single rental car facility.  As a condition of development approval, Enterprise is required to plat the entire property.  In the course of preparing the plat, an error in the legal description for the Belvedere Property was identified.  The Second Amendment replaces the legal description of the premises of the Belvedere Lease to refer to the County-owned tracts on the plat and increases the square footage of ground area by 5,512.48 square feet resulting in a $4,961.23 increase in annual rental.  The Second Amendment also incorporates the obligations of Enterprise under the Declaration of Unity of Control (R2014-0212) into the Belvedere Lease and provides that Enterprise shall be responsible for costs associated with the creation and any future abandonment of the plat. The Turnage Property serves as a temporary facility for Enterprise’s operations during the period of redevelopment of the Belvedere Property.  Enterprise has requested a two-month extension to the Turnage Lease to February 28, 2015, with two one-month renewals, for rental of $17,261 per month.  Enterprise has incurred substantial costs for refurbishment and improvements to the Turnage Property to support its operations and to comply with code requirements.  The First Amendment increases the rental credit provided for the refurbishment of the Turnage Property by $30,000. Countywide (HJF)

 

 

5.         Staff recommends motion to approve: Automated Teller Machine Concession Agreement (Agreement) with Communitel, Inc. (Communitel) for an initial term of three years and an initial minimum annual guarantee of $25,000. SUMMARY: This Agreement provides for the installation and operation of automated teller machines (ATMs) at the Palm Beach International Airport (PBIA). Communitel is a Florida corporation with its principal place of business in Miami, Florida. The initial term commences on October 1, 2014 and expires on September 30, 2017 with one two-year renewal at the County’s option. Communitel will pay an initial minimum annual guarantee (MAG) of $25,000 which will be adjusted annually to the greater of 85% of the current annual fee or the MAG for the preceding contract year. Additionally, Communitel will pay an ATM Privilege Fee of 60% of the total monthly transaction fees charged to those using the ATMs. Communitel will install a total of five ATM machines at PBIA. Countywide (AH)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

6.         Staff recommends motion to adopt: a Resolution adopting a new standard form Signatory Cargo Carrier Operating and Lease Agreement; authorizing the County Administrator or his designee to execute standard form Signatory Cargo Carrier Operating and Lease Agreements on behalf of the Board of County Commissioners; authorizing the County Administrator or his designee to enter into certain amendments to the standard form Signatory Cargo Carrier Operating and Lease Agreement; providing for severability; and providing for an effective date. SUMMARY: This Resolution adopts a new standard form Signatory Cargo Carrier Operating and Lease Agreement, which provides for the lease of air cargo facilities for a term of up to five years by cargo carriers. This Resolution also authorizes the County Administrator or his designee to execute the approved standard form agreement on behalf of the Board and to agree to non-material changes to the standard forms. Countywide (HF)

 

 

7.         Staff recommends motion to approve: First Amendment to Development Site Lease with West Palm Beach Plaza, LLC, a Florida limited liability company (WPB Plaza), for the property located at the southwest corner of Belvedere Road and Florida Mango Road at the Palm Beach International Airport. SUMMARY: On March 12, 2013, the Board approved the Development Site Lease Agreement (R2013-0257) (Lease) with WPB Plaza for lease and development of unimproved ground as an on-airport travel plaza, which would include a gas station, convenience store, car wash, food service facilities, and related amenities. The Lease also required WPB Plaza to construct and maintain a collocated cell phone waiting area. This Amendment requires WPB Plaza to increase the size of the collocated cell phone waiting area from 60 spaces to 85 spaces; increases the minimum capital investment requirement from $2,882,250 to $3,482,250; and extends the deadline to complete construction of the travel plaza from April 1, 2015 to October 1, 2015.  This Amendment also reduces the square footage subject to ground rental from 113,221 square feet to 65,340, resulting in a reduction in fixed ground rental of $64,639 annually and provides for an increase to the concession fee payable to the County from 2.5% to 3.0% for annual gross revenues that exceed $2,500,000.  WPB Plaza has also agreed to provide the County with a fuel discount in the amount of no less than $.05 per gallon and for the construction of a monument size identifying the PBIA entrance at the corner of Belvedere Road and Florida Mango at no cost to the County. Countywide (HF)

 

 

8.         Staff recommends motion to receive and file:

 

A) Airline Operating and Lease Agreement with Allegiant Air, LLC commencing April 1, 2014 and terminating September 30, 2014, with an automatic extension of the initial term on a year-to-year basis; and

 

B) Airline Service Incentive Program Participation Agreement with Allegiant Air, LLC entered into July 29, 2014.

 

SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2007-1968 and R2014-0251. Countywide (AH)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

9.         Staff recommends motion to receive and file:

 

A) Airline Operating and Lease Agreement with People Express Airlines, Inc. commencing July 1, 2014 and terminating September 30, 2014, with an automatic extension of the initial term on a year-to-year basis; and

 

B) Airline Service Incentive Program Participation Agreement with People Express Airlines, Inc. entered into August 7, 2014.

 

SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2007-1968 and R2014-0251. Countywide (AH)

 

 

10.       Staff recommends motion to approve: Tenth Amendment to the Lease and Concession Agreement with Host International, Inc. (Host) providing for additional concession and storage space at the Palm Beach International Airport (PBIA). SUMMARY:  Host provides food and beverage concession services at PBIA pursuant to a Lease and Concession Agreement (Agreement) (R98-1293D).  Host is a Delaware corporation with a principal place of business in Bethesda, Maryland.  Host is required to make an additional capital investment of $250,000 on or before September 30, 2015 pursuant to the Agreement and has elected to introduce a new bar concept on Concourse C of PBIA.  The location consists of approximately 660 square feet of space. This Amendment updates the list of assigned locations and specifies the percentage of gross revenues that will apply to the sale of food and non-alcoholic beverages from the new location.  Host will be required to pay 10.1% of gross revenues from the sale of food and non-alcoholic beverages from the new location.  Host is currently required to pay 15.1% of gross revenues from the sale of alcoholic beverages from all locations.  This Amendment also provides Host with a revocable license to use approximately 1,400 square feet of storage space located on the first level of the passenger terminal at no cost to Host in an effort to reduce the impact of deliveries occurring in the public areas of Concourse C. Countywide (AH)

 

 

11.       Staff recommends motion to approve: Modification No. P00001 to the Other Transaction Agreement (OTA) No. HSTS04-11-H-CT1303 with the Department of Homeland Security/Transportation Security Administration (DHS/TSA), to extend the Period of Performance to September 30, 2016 for improvements to the Checked Baggage Screening System at Palm Beach International Airport (PBIA). SUMMARY: The Department of Airports is currently in the design and bidding phase of the Improvements to the Baggage Handling System at PBIA.  DHS/TSA provided an OTA in 2011 for funding participation of the project in the amount of $26,736,942, which was executed through the delegation of authority that was approved by the BCC on August 16, 2011 (Agenda Item 3F9).  Subsequently, the OTA was approved as a Receive and File agenda item on October 18, 2011 (R2011-1574).  Due to delays beyond the control of the County in the design phase, it is now necessary to extend the Period of Performance for this OTA in order to provide funding for the construction of the improvements. Countywide (AH)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

12.       Staff recommends motion to:

 

A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-058-2014 in the amount of $1,516,463 for the Master Plan and Airport Layout Plan (ALP) Update at Palm Beach International Airport; and

 

B) approve a Budget Amendment of $1,516,463 in the Airport’s Improvement and Development Fund to provide for the receipt of $1,516,463 of Grant Funding from the FAA, and increase project cost by $2,021,951, which includes a transfer from Reserves in the amount of $505,488.  A Florida Department of Transportation (FDOT) Grant in the amount of $250,000 is currently in the budget.

 

SUMMARY:  This grant begins on August 18, 2014 and expires on September 30, 2018.  Delegation of authority for execution of the above standard form Grant Agreement was approved by the Board of County Commissioners on October 3, 2006 (R2006-2086).  Countywide (AH)

 

 

13.       Staff recommends motion to:

 

A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-059-2014 in the amount of $1,394,187 for Terminal Improvements - Restroom Renovations (Phase 2) at Palm Beach International Airport; and

 

B) approve a Budget Amendment of $1,394,187 in the Airport’s Improvement and Development Fund to provide for receipt of $1,394,187 of Grant Funding from the FAA, and increase project cost by $2,044,808, which includes an additional 10% for permit and inspection fees and unforeseen renovations. This also includes a transfer from Reserves in the amount of $650,621.

 

SUMMARY:  This grant begins on August 18, 2014 and expires on September 30, 2018. Delegation of authority for execution of the above standard form Grant Agreement was approved by the Board of County Commissioners on October 3, 2006 (R2006-2086).  Countywide (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: the write-off of uncollectible Court Administration Outstanding Receivables in the amount of $361,957.42. SUMMARY: The Office of Financial Management and Budget’s Collections Coordinator has reviewed the listing of Court Administration’s outstanding receivables prepared by the Clerk & Comptroller’s Finance Department and has concluded that they should be written off the active accounts receivable ledger. These accounts were for various Court Administration programs and services ordered by the Courts for Incompetency Proceedings, Court Ordered Mediation and Custody and Psychological Evaluations received by individuals from 1989 to 2003. All collections efforts to recover these funds have been exhausted. The write-off of these receivables to an uncollectible receivables database is not a forgiveness of the debt and if the opportunity to collect on any of these accounts should arise, the appropriate action will be taken to collect on the amount due.  The services were provided prior to Revision 7 to Article V of the State Constitution. The approval of this item will allow the accounts to be removed from the accounts receivable ledger and transfer them to an uncollectible debts database. Countywide (AH)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Amendment No. 2 to Contract with The Gordian Group, Inc. (R2011-1350) for consulting/professional services in conjunction with the Job Ordering Contract (JOC) system extending the contract until September 12, 2015. SUMMARY: Amendment No. 2 is an extension to the contract with The Gordian Group, Inc. The Gordian Group provides professional services required to implement the JOC system to facilitate renovation, repair, and/or maintenance improvement projects. Compensation to The Gordian Group, Inc. is 1.95% of the dollar value of issued JOC work orders which remains unchanged. Staff is bringing forward the amendment at this time based on expiration of the term. This amendment also includes an option for the County to supplement its project management services by using The Gordian Group, Inc. to assist JOC contractors with their scope preparation and reviewing the quote at the rate of 3.05%. (FD&O Admin) Countywide (JM)

 

 

2.         Staff recommends motion to approve:

 

A) a Budget Amendment of $1,055,000 in the Public Building Improvement Fund recognizing revenue received from PBSO and establishing budget lines for three projects, and

 

B) a Budget Transfer of $550,000 from reserves in the Law Enforcement Impact Fee Fund to establish a project  budget line.

 

SUMMARY: During the past months, PBSO requested that the County develop scopes of work for three projects which it has allocated funding from its FY 14 budget, however, the project funds will not be fully encumbered and/or spent in FY 14.  A budget transfer in FY 14 is more beneficial to the County than having PBSO carry forward the funding to its FY 15 budget. The three projects are: 1) PBSO HQ – Media Renovations ($257,000), 2) Marine Unit - Phil Foster Boat Lift Replacement ($80,000), and 3) Homeland Security- Vehicle Readiness/Protection ($718,000). An additional $550,000 is recommended be transferred from Law Enforcement Impact Fees to supplement the PBSO provided funding for the Homeland Security-Vehicle Readiness/Protection Project.  The project is eligible for impact fee funding and has been approved by the Impact Fee Coordinator. (FDO Admin) Countywide/Districts 1, 2 & 7 (JM)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to receive and file:

 

A) Standard License Agreement for Use of County-Owned Property with AARP Foundation SCSEP (North County Senior Center);

 

B) Standard License Agreement for Use of County-Owned Property with the American Veterans Division, NSCC, Inc. (Eagle Academy);

 

C) Standard License Agreement for Use of County-Owned Property with Ric L. Bradshaw, in his official capacity as Sheriff of Palm Beach County, Florida, a constitutional officer (Palm Tran Bus Wash, Belle Glade);

 

D) Standard License Agreement for Use of County-Owned Property with the City of West Palm Beach Community Redevelopment Agency (Judicial Center Surface Parking Lot);

 

E) Standard License Agreement for Use of County-Owned Property with Thalle Construction Company (Paul Rardin Park);

 

F) Standard Equipment Use Agreement with the Palm Beach County Sports Commission, Inc. (Kids Fitness Festival);

 

G) Temporary Construction Easement with City Place Hotel, LLC (Convention Center Hotel); and

 

H) Amendment No. 6 to Frequency Reconfiguration Agreement with Nextel South Corp.

 

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.  The standard License Agreements, dated from April 23, 2014 to July 1, 2014, have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator or his designee. The License Agreements were approved in accordance with R2010-0333, as amended and approved by the Board on October 1, 2013 (the “Resolution”). The Standard Equipment Use Agreement, dated July 2, 2014, was executed on behalf of the Board by the County Administrator or his designee in accordance to Board approval on October 1, 2013.  The Temporary Construction Easement with City Place Hotel, LLC (City Place Hotel) was executed on June 11, 2014 with notice to the Board, in order to avoid a delay of construction of the Convention Center Hotel. The Temporary Construction Easement with City Place Hotel is in conformity to the standard form Temporary Construction Easement approved by the Board on July 1, 2014.  Amendment No. 6 to the Frequency Reconfiguration Agreement was fully executed on behalf of the Board on June 16, 2014 by the County Administrator or his designee in accordance with the delegation of authority approved in R2008-2306 on December 16, 2008. These executed documents are now being submitted to the Board to receive and file. (FDO Admin) Countywide (MJ)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: Assignment of contracts with Tercilla Courtemanche Architects, Inc. for:

 

A) Architectural Services on a Continuing Contract Basis (R2011-0122); and

 

B) Airport Center 2 Renovations (R2014-0678).

 

SUMMARY: Tercilla Courtemanche Architects, Inc. has advised the County that they have merged operations with Harvard Jolly, Inc. and therefore Harvard Jolly, Inc. will assume all of the contractual requirements of Tercilla, Courtemanche Architects, Inc’s two contracts which include: 1) Architectural Services on a Continuing Contract Basis and 2) Airport Center II Renovations.  Staff has reviewed the request and as Harvard Jolly, Inc. has the proper license and insurance, and as such staff recommends assigning the Tercilla, Courtemanche Architects, Inc. contract to Harvard Jolly, Inc., so as to not delay completion or interrupt continuity of the current projects. (Capital Improvements Division) Countywide (JM)

 

 

5.         Staff recommends motion to approve: an Interlocal Agreement with the South Florida Water Management District (District) to provide fuel management services.  SUMMARY: This Agreement provides the terms and conditions under which the County will provide fuel management services to the District. The District will purchase fuel from the County for its vehicles assigned to employees at its headquarters on Gun Club Road. The Agreement also establishes the billing structure and procedures for the annual update of fees.  The County does not require any additional staffing and/or equipment to implement this Agreement, and as such, this Agreement will result in increased revenues to Fleet Management.  The term of the Agreement is for five years commencing on October 1, 2014, with one five-year renewal option. The Agreement may be terminated by either party, with a minimum of sixty days notice. (Fleet Management) Countywide (JM)

 

 

6.         Staff recommends motion to approve: an Easement in favor of the Lake Worth Drainage District (LWDD) for operation and maintenance of the L-23W Canal in Indian Mound Park west of State Road 7.  SUMMARY:  The Easement will allow LWDD to perform bank stabilization of the L-23W Canal by constructing, operating and maintaining the drainage ditch, sluice ways, spoil deposit, water control structures, berm and other related purposes.  The Easement encumbers 15.3 acres along the west and south sides of the 441.19 acre County owned vacant property which is referred to as Indian Mound Park.  The County will not charge for the non-exclusive easement as the canal provides storm water drainage for the 441.19 acre Indian Mound Park property. (PREM) Districts 5 & 6 (HJF)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to:

 

A) accept a Quit Claim Deed from the City of Delray Beach for approximately .05 acres  adjacent to the South County Courthouse Parking Garage in Delray Beach;

 

B) adopt a Resolution authorizing the conveyance of the County’s interest in .10 acres to the City of Delray Beach without charge and with reservation of  mineral and petroleum rights, but without the right of entry pursuant to Florida Statutes Section 270.11; and

 

C) approve a County Deed in favor of the City of Delray Beach.

 

SUMMARY: In November 2002, the County, the City of Delray Beach (City), the Delray Beach Library (Library) and the Delray Beach Community Redevelopment Agency (CRA) entered into an Agreement (R2002-1980) for the construction and operation of a parking garage for use by employees and visitors to the South County Courthouse, a new City library, and future redevelopment along West Atlantic Avenue.  The parking garage and the library were completed in 2004 and 2005 respectively. On May 7, 2013, the City approved the South County Courthouse Complex Expansion re-plat which included both the County’s parking garage and the City’s library. This re-plat also accomplished the abandonment of two existing alleys. The Agreement requires the parties to convey to each other portions of the abandoned alleys to round out their respective properties, which will be accomplished by exchange of the deeds included in this item.  The County Deed is subject to a reverter clause in the event the property is not used for a library or City use. (PREM) District 7 (HJF)

 

 

8.         Staff recommends motion to approve:

 

A) a Deposit Receipt and Contract For Sale and Purchase with Lascelles Stephens for the sale of a +0.23 acre parcel of land located at 411 Miami Canal Road, Lake Harbor, in unincorporated Palm Beach County for $4,600; and

 

B) a County Deed in favor of Lascelles Stephens with reservation of mineral and petroleum rights, but without rights of entry and exploration pursuant to Florida Statutes, Section 125.35(1.c).

 

SUMMARY:  In October 1997, the County acquired a +0.23 acre parcel of vacant land located at 411 Miami Canal Road, Lake Harbor, in unincorporated Palm Beach County by Tax Deed.  The property has been deemed surplus as it serves no County purpose. An Invitation For Bid (IFB) was issued in May 2014 to sell the property. One responsive proposal was received from Lascelles Stephens in the amount of $4,600. Staff recommends acceptance of the proposal from Lascelles Stephens. The Property Appraiser has assessed the parcel at $4,000 for 2013.  Lascelles Stephens will pay all costs of closing and any other costs associated with this sale.  The County will retain mineral and petroleum rights in accordance with Florida Statutes, Section 270.11, without rights of entry and exploration. This sale must be approved by a Supermajority Vote (5 Commissioners).  Closing is to occur within sixty days of Board approval. (PREM) District 6 (HJF)


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         Staff recommends motion to approve: the appointment of Diane Pendleton, MAI, CFE, to the Palm Beach County Property Review Committee (PRC) for a term of three years commencing October 1, 2014:

 

 Nominee

Seat No.

Seat Requirement

            Term

Nominated by:

Diane    Pendleton, MAI, CFE

     1

A representative from the PBC Property Appraiser’s Office

October 1, 2014 – September 30, 2017

Mayor Taylor

Vice Mayor Burdick

Comm. Berger

 

SUMMARY: On October 22, 2013, the Board of County Commissioners (BCC) adopted Resolution No. 2013-1421, which reestablished the PRC consisting of five members appointed at-large by the Board.  Each member is now appointed to serve a term of three years with a limit of three consecutive terms served.  Although Thomas Barnhart is eligible to serve as the Seat No. 1 representative on the PRC for a third consecutive term upon the September 30, 2014 expiration of his current term, he has opted not to do so on account of his participation in the FRS DROP program and mandatory employment separation date of no later than May 31, 2016.  Seat No. 1 must be filled by a representative of the Palm Beach County Property Appraiser’s Office.  Gary R. Nikolits, CFA, Palm Beach County Property Appraiser, has nominated Diane Pendleton, MAI, CFE, as a candidate to replace Mr. Barnhart.  Ms. Pendleton has agreed, if appointed, to serve.  A memorandum dated July 3, 2014, was circulated to the Board of County Commissioners requesting support of Ms. Pendleton’s appointment or additional nominations. No additional nominations were received. (PREM) Countywide (HJF)

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: an allocation of $1,000,000 for use as the required local government contribution under the Florida Housing Finance Corporation’s (FHFC) Housing Tax Credit Program and State Apartment Incentive Loan Program.  Summary: The FHFC administers the State of Florida’s Housing Tax Credit Program and State Apartment Incentive Loan (SAIL) Program.  FHFC annually solicits applications from affordable multi-family rental housing developers who require Housing Tax Credits and/or low-interest loans for the financing of their projects.  Both of these State Programs require local government contributions in order for developer applications to receive full scoring during the application review process.  Palm Beach County through the Department of Economic Sustainability (DES) has historically provided the required local government contribution in the form of low-interest loans to affordable housing developers who apply for Housing Tax Credits and low-interest loans under the SAIL Program.  DES is seeking authorization to make low-interest loans of up to $125,000 to each of up to eight local affordable housing developers for use as the required local government contribution in their applications to FHFC.  This $1,000,000 allocation consists of $873,591 in program income received under the State Housing Initiatives Program (SHIP) and $126,409 received as Workforce Housing In-lieu Payments.  FHFC has tentatively scheduled the publication of its Requests for Applications for the SAIL and Housing Tax Credit Programs and anticipates the deadlines for developer applications to be September 30, 2014 and January 30, 2015, respectively.  DES will advertise a Notice of Funding Availability seeking Letters of Interest from affordable multi-family rental housing developers.  County Funding Agreements with developers who are awarded funding under the SAIL and/or Housing Tax Credit Programs will be submitted to the Board of County Commissioners (BCC) for final approval.  Any funding not allocated to successful SAIL and Housing Tax Credit projects will be reallocated to other eligible affordable housing activities. These are State SHIP grant funds and Workforce Housing In-lieu payment funds which require no local match. (DES Administration) Countywide (TKF)

SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to approve: $270,000 in Community Development Block Grant (CDBG) funding for the renovation of the Bill Bailey Community Center in Belle Glade. Summary: On July 22, 2014 (R2014-1085), the Board of County Commissioners approved the Palm Beach County Action Plan for FY 2014-2015, including $150,000 in CDBG funding for the replacement of the HVAC system at the Bill Bailey Community Center, located at 1101 Dr. Martin Luther King, Jr. Boulevard West in Belle Glade.  The project will be implemented by the Facilities Development and Operations Department which has identified the need for additional improvements, including replacement of the fire alarm system, renovation of restrooms, and installation of fencing, site lighting, and a CCTV system.  The facility is leased by the County from the School Board, and is utilized by the Police Athletic League and the Boys and Girls Club to serve local youth in the Belle Glade area.  The facility has been determined to serve a clientele meeting CDBG eligibility requirements. The Department of Economic Sustainability has identified surplus CDBG funding in the amount of $270,000.  These funds are from the recapture of monies from projects that were successfully completed under budget, ones which did not move forward, or from activities where CDBG funds were replaced with other Federal grant funds. These are Federal CDBG grant funds which require no local match. (Strategic Planning Section) District 6 (TKF)

 

 

3.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida approving for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of not to exceed $20,000,000 of Educational Facilities Revenue Bonds by the Florida Development Finance Corporation to finance the acquisition, construction and equipping of educational facilities and related costs, within Palm Beach County; and providing an effective date. Summary: The Florida Development Finance Corporation (the “FDFC”), a state authorized issuer of industrial revenue bonds was created under F.S. 288.9604, has received an application from Renaissance Charter School, Inc., Red Apple Development, LLC and/or one or more of their affiliates (the "Borrowers") for the issuance of Educational Facilities Revenue Bonds in an amount not to exceed $20,000,000. FDFC issues bonds in counties throughout Florida through interlocal agreements. The FDFC Board of Directors are appointed by the Governor, and are subject to confirmation by the Senate.  Proceeds of the Bonds will be used, in part, to finance or refinance the cost of certain improvements associated with an educational facility to be located at 8151 Okeechobee Blvd. in West Palm Beach, and to fund necessary debt service reserves and capitalized interest on the Bonds, and to pay costs associated with the issuance of the Bonds.  The Bonds will be payable solely from revenues derived from the operation of the School.  Although FDFC is the issuing body for the bonds, approval by an elected body is required by the Internal Revenue Code.  Adoption of this Resolution does not in any way obligate the County. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bond. District 2 (PFK)


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to accept: a Lift Station Easement granted to Palm Beach County (County) by the School Board of Palm Beach County (School Board).  SUMMARY: A utility easement is needed to perform rehabilitation work on Lift Station 5056, which includes installation of a new wet well, new manhole, new pipes, new pumps, new control panel, new fence, new by-pass and also for the continued location of and abandonment of certain existing underground structures at Melaleuca Elementary School located on 5759 Gun Club Road, West Palm Beach, Florida 33415. The School Board agrees to grant the easement subject to restoration and installation restrictions, and certain conditional indemnity provisions. The Water Utilities Department recommends acceptance of the Easement. District 2 (MJ)

 

 

2.         Staff recommends motion to receive and file: executed Agreement received during the month of May 2014:

 

Utility Concurrency Reservation Agreement with Willow Development USA, LLC, UCRA No. 03-01033-000.

 

SUMMARY: In accordance with County PPM CW-0-051, all delegated  contracts/agreements/grants/procurement items must be submitted by the initiating Department as a receive and file agenda item.  The document has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Deputy Director of the Water Utilities Department in accordance with Resolutions R93-1619, R96-0228, R2003-0539, and Purchasing Code and are now being submitted to the Board to receive and file. District 5 (MJ)

 

 

3.         Staff recommends motion to approve: Work Authorization No. 12 for South County Water Services Replacement Project - Phase III with Johnson-Davis, Inc., (R2013-0550) in the amount of $2,318,648.40.  Summary: On May 7, 2013, the Palm Beach County Board of County Commissioners approved the Water Utilities Department (WUD) Pipeline Continuing Construction Contract (R2013-0550) to Johnson-Davis, Inc. This Work Authorization No. 12 provides for the replacement of potable water services and asbestos concrete water mains within the following three areas of South County including Sandalfoot Cove: located in southwest Boca Raton (west of Lyons Road and just south of Palmetto Park Road); Boca Dunes: located in southwest Boca Raton (west of Lyons Road and just north of SW 18th Street); and Spanish Isles: located in southwest Boca Raton (north of Spanish Isles Boulevard between Lyons Road and State Road 7). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Johnson-Davis, Inc. provides for SBE participation of 20.96%. This Work Authorization includes 18.23% overall participation. The cumulative SBE participation including this authorization is 18.18% overall. Johnson-Davis, Inc. is a Palm Beach County company. This project is included in the FY 13-14 Capital Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 13-031) District 5 (JM)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

4.         Staff recommends motion to approve: Change Order No. 2 to the Contract with Lanzo Lining Services, Inc. - Florida (R2012-1896) for the Glades Utility Authority City of Belle Glade Inflow & Infiltration Improvements decreasing the contract price by $92,531.38 and adding a 113 calendar day time extension.  SUMMARY: On December 18, 2012, the Palm Beach County Board of County Commissioners approved the Water Utilities Department Construction Contract for the City of Belle Glade Inflow & Infiltration Improvements (R2012-1896) with Lanzo Lining Services, Inc. - Florida. Change Order No. 2 includes the final adjustment of quantities and provides a 113 calendar day time extension for delays due to extensive rain and surcharged conditions in the sanitary sewer system. This project is funded by a grant from the State of Florida Department of Economic Opportunity through the Disaster Recovery Initiative Program. The project is subject to a 22.4% minority participation goal and a 6.9% female participation goal for trades rather than the County’s Small Business Enterprise goals.  The contract with Lanzo Lining Services, Inc. - Florida. provides for 27.57% minority participation and 0% female participation. (WUD Project No. 12-041) District 6 (JM)

 

 

5.         Staff recommends motion to approve: Supplement No. 2 to Consultant Services Authorization (CSA) No. 11 (R2014-0151) with Carollo Engineers, Inc. (R2011-0630) for Water Treatment Plant No. 2 Filter Replacement engineering services during construction in the amount of $121,157.  Summary:  On May 3, 2011, the Palm Beach County Board of County Commissioners (BCC) approved the Contract for Water Plant and Water Resources Engineering Services with Carollo Engineers, Inc. (R2011-0630) to obtain engineering/professional service for utility related projects. On February 4, 2014, the BCC approved CSA No. 11 with Carollo Engineers, Inc. (R2014-0151) for the Water Treatment Plant No. 2 Filter Replacement Engineering Services during construction. This request is to expand the design consultant’s scope of construction services for the WTP 2 Filter Replacement project. Due to an unforeseen condition, the Water Utility Department's (WUD) full time construction coordinator on this project will be on an extended medical leave for a period of approximately two months. At this time WUD does not have the in house resources to adequately provide a replacement construction coordinator. Accordingly, Staff is recommending the services of our design consultant to provide the necessary inspections. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall.  The contract with Carollo Engineers, Inc. provides for SBE participation of 26% overall. This Supplement has 0% of SBE participation. The cumulative SBE participation, including this Supplement is 28.32 % overall. Carollo Engineers, Inc. is a Palm Beach County company. This project is included in the FY14-15 Capital Improvement Plan adopted by the Board of County Commissioners.  (WUD Project No. 12-066)  District 2 (JM)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to approve:

 

A) Amendment No. 1 to the Primary Contract for the Palm Beach County Annual Dune & Wetlands Restoration Project No. 2013ERM01 (R2013-1825) with Eastman Aggregate Enterprises, LLC (Eastman) to increase the $4,262,891 Contract by $5,351,864 to a not-to-exceed amount of $9,614,755, and

 

B) Work Order No. 1825-02 to the Palm Beach County Annual Dune & Wetlands Restoration Project No. 2013ERM01 Contract (R2013-1825) with Eastman Aggregate Enterprises, LLC (Eastman) not-to-exceed $5,351,864 to provide sand and hauling services for the Jupiter/Carlin Shore Protection Project.

 

SUMMARY: The Board of County Commissioners approved an annual construction Contract with Eastman, a Palm Beach County SBE company, for Countywide projects under the Palm Beach County Annual Dune & Wetlands Restoration Project No. 2013ERM01 (R2013-1825) on December 17, 2013 in the amount of $4,262,891.  Work Order No. 1825-02 authorizes Eastman to supply, transport, and place sand from the Stewart Mine in St. Lucie County onto the eroded beach in the area of Palm Beach County’s Carlin Park, which is in District 1.  Eastman committed to an overall 44.05% SBE participation in the Contract and will achieve 46.59% participation with this Work Order.  The Work Order is funded in part by a $2,500,000 50% matching grant from the Florida Department of Environmental Protection (R2013-1333). Countywide & District 1 (JM)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to receive and file:

 

A) Amendment No. 1 to Task Assignment No. 07 to the Florida Department of Environmental Protection (FDEP) Contract No. GC680 (R2007-0882) for additional inspections related to reported complaints, discharges, installations, and closures involving storage tank systems for an amount of $201.39 with a performance period of July 1,  2013 until June 30, 2014;

 

B) Task Assignment No. 08 to the Florida Department of Environmental Protection (FDEP) Contract No. GC680 (R2007-0882) for conducting routine compliance inspections at the 1087 facilities identified in Exhibit 1 located in Palm Beach, Martin, and St. Lucie Counties for an amount of $485,685.19 with a performance  period of July 1, 2014 until June 30, 2015;

 

C) Task Assignment No. 6 to the Florida Department of Environmental Protection (FDEP) Grant Agreement S0485 (R2010-0095) for petroleum contamination site cleanup services on 159 petroleum contaminated sites for a not to exceed amount of $495,602.66 with a performance period of July 1, 2014 to June 30, 2015; and

 

D) Task Assignment No. SE-208 to Contract FWC 11077(R2011-1632) with the Florida Fish and Wildlife Commission (FWC) for the treatment of 578 acres of invasive exotic plants within the Juno Dunes Natural Area for a not to exceed amount of $75,000 with a performance period of July 14, 2014 to June 30, 2015.

 

SUMMARY: On June 5, 2007, the Board of County Commissioners approved FDEP Contract No. GC680 (R2007-0882) for activities related to the Petroleum Storage Tank Compliance Verification Program.  Delegated authority to execute Task Assignments and Amendments associated with this Contract was approved pursuant to PPM No. CW-O-051. On January 12, 2010, the Board of County Commissioners approved FDEP Grant Agreement S0485 (R2010-0095) for contracted services related to the Petroleum Contamination Site Cleanup Services Program. Delegated authority to execute Task Assignments associated with this Contract was approved pursuant to PPM No. CW-O-051. On October 18, 2011, the Board of County Commissioners approved FWC Contract FWC 11077 (R2011-1632) for upland invasive exotic plant control services.  Delegated authority to execute Task Assignments associated with this Contract was approved pursuant to PPM No. CW-O-051. Countywide (SF)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve Amendment No. 3 to the Primary Contract for the Palm Beach County Annual Artificial Reef and Breakwater Project No. 2012ERM01 (R2012-0640) with The Vance Construction Company (Vance) to add additional line items to the Contract for providing barges, tug and services in the construction of environmental restoration projects and increase the Contract by $588,952.26 at a not-to-exceed amount of $2,882,778;

 

B) authorize Work Supplement No. 0640-6C to cover additional work for the Grassy Flats Restoration Project for an amount not to exceed $588,952.26 in accordance with Vance’s Annual Artificial Reef & Breakwater Project No. 2012ERM01 Contract (R2012-0640) for year three;

 

C) authorize the County Administrator, or his designee, to sign Work Supplement 0640-6C; and

 

D) approve Budget Transfer of $210,000 from the Manatee Protection Program to the Grassy Flats Project in the Natural Areas Fund.

 

SUMMARY:  Amendment No. 3 adds line items to the Bid Schedule to provide barge rental and material offloading for marine construction increases the total Contract (R2012-0640) amount to $5,064,412.26, and amends the Technical Specifications.  Including Work Supplement No. 0640-6B, Vance has been issued seven work orders totaling $2,249,519.  Work Supplement No. 0640-6C will authorize the mobilization, demobilization and reconfiguration of support barges and loading of sand onto a conveyor system to construct the Grassy Flats Project at an amount not to exceed $588,952.26.  To date Vance has achieved 58.39% Small Business Enterprise (SBE) participation, exceeding the goal of 15.86% as set forth in the Contract. Work Supplement No. 0640-6C is funded by vessel registration fees and the manatee protection program. Countywide (JM)

 

 

4.         Staff recommends motion to approve: appointment of the following individual to the Groundwater and Natural Resources Protection Board (GNRPB) for a term of three years beginning September 9, 2014, through September 8, 2017:

 

Nominee                     Representing                         Seat No.          Nominated By

Michael W. Bennett      Hydrologist or Hydrogeologist     6                  Florida Association of

                                                                                                                                                Professional Geologists

 

SUMMARY: Ordinance 92-20, as amended, and Article 2.G.3.F.3 of the Unified Land Development Code (ULDC) provide for a seven member GNRPB. The membership consists of one professional engineer, one attorney, one hydrologist or hydrogeologist, one citizen possessing expertise and experience in managing a business, one biologist or chemist, one citizen of PBC, and one member of an environmental organization.  Ordinance 92-20 and Article 2.G.3.F.3. of the ULDC requires Seat No. 6 be filled by a Hydrologist or Hydrogeologist nominated by the Florida Association of Professional Geologists. Countywide (SF)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: the following original executed Amphitheater Rental Agreements:

 

A) AEG Live SE, LLC, 311 concert, Sunset Cove Amphitheater for the period July 26, 2014, through July 27, 2014; and

 

B) AEG Live SE, LLC, Soulshine Tour concert, Sunset Cove Amphitheater for the period July 29, 2014, through July 30, 2014.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  The Amphitheater Rental Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2011-1960, and are now being submitted to the Board to receive and file.  These events helped to offer a balanced schedule of events which promote the quality of life in the communities we serve.  An estimated 4,400 persons attended the events produced under these Amphitheater Rental Agreements. District 5 (AH)

 

 

2.         Staff recommends motion to receive and file:  the following original executed Sound and Light Production Services Contractor Agreements:

 

A) Blackwood Productions LLC, 311 concert, Sunset Cove Amphitheater for the period July 26, 2014, through July 27, 2014; and

 

B) Blackwood Productions LLC, Soulshine Tour concert, Sunset Cove Amphitheater for the period July 29, 2014, through July 30, 2014.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  The Sound and Light Production Services Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2009-0592, amended by Resolutions 2010‑0645 and 2014‑0167, and are now being submitted to the Board to receive and file. District 5 (AH)

 

 

3.         Staff recommends motion to receive and file: the following original executed First Amendment to Independent Contractor Agreement:

 

Caroline Karolinko (R2013-1585), Synchronized Swimming Instructor, Aqua Crest Pool for the period October 1, 2013, through September 30, 2014.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File Agenda Item. This First Amendment to Independent Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002‑2103, 2007-0409, and 2012-0168, and is now being submitted to the Board to receive and file. District 7 (AH)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

4.         Staff recommends motion to receive and file: the following original executed Amphitheater Rental Agreement:

 

The Palm Beach Shakespeare Festival, Inc., Palm Beach Shakespeare Festival, Seabreeze Amphitheater for the period July 1, 2014, through July 23, 2014.

 

Summary:  The Palm Beach Shakespeare Festival event is co-sponsored by the Department. The Department shares in the revenue of the donations received on the nights of the performances.  In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item. The Amphitheater Rental Agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2009-0335, amended by Resolutions 2009‑1807, 2012‑1715 and 2014-0166, and is now being submitted to the Board to receive and file.  This event helps to offer a balanced schedule of events which promote the quality of life in the communities we serve.  An estimated 6,000 persons attended the event produced under this Amphitheater Rental Agreement. District 1 (AH)

 

 

N.        LIBRARY 

 

1.         Staff recommends motion to:

 

A) submit an Application to the Florida Department of State, Division of Library and Information Services, for State Aid to Libraries in an estimated amount of $1,447,649 for FY 2015;

 

B) approve the associated Agreement for State Aid to Libraries; and

 

C) authorize the County Administrator or his designee to execute any other necessary agreements, forms and certifications.

 

Summary: The State provides an annual operating grant to eligible libraries based upon their annual operating expenditures from local funds.  Estimated State Aid revenue has been included in the County Library’s FY 2015 proposed budget.  There is no match requirement for this grant. Countywide (AH)

 

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to approve: the donation and title transfer of a surplus vehicle (Asset No. 10142528) to the Palm Beach County Sheriff’s Office for emergency response, contingent upon receipt of the Acceptance of Fire-Rescue Vehicle(s) and/or Equipment form duly executed by the Sheriff.  SUMMARY:  Pursuant to Section 274.05, Florida Statutes, Fire Rescue is donating a surplus Ford F350 (model year 2003) to be housed and maintained by the Sheriff’s Office.  The unit will be refurbished at the Sheriff’s expense and equipped with tactical equipment, specialized communications equipment and protective gear, which can be utilized for a joint response to domestic terrorist activities.  The Emergency Service Response Teams will use this equipment for law enforcement response such as hostage situations, civil disturbances, and terrorist type events.  The donation of this equipment will greatly enhance the Sheriff’s ability to provide services to the citizens of the County for special tactical incidents.  The estimated value of this donation is $10,000. Countywide (SB)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE (Cont’d)

 

2.         Staff recommends motion to approve: an Interlocal Agreement with the Town of Manalapan for fire protection and emergency medical services for a ten year period beginning October 1, 2014. SUMMARY: On February 24, 2004, the County entered into an Interlocal Agreement with the Town of Manalapan (Town) to provide Fire Protection and Emergency Medical Services (R2004-0362), which said Agreement is set to expire on September 30, 2014. Under this new Interlocal Agreement the County will continue to provide fire rescue services within the Town for an additional ten year period. The contract price for fire rescue services under this Agreement is a continuation of the methodology used in the previous Agreement which shall be the lesser of two methodologies: South Palm Beach property values times the Fire Rescue MSTU millage rate; 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. District 4 (SB)

 

 

T.        HEALTH DEPARTMENT

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, adopting the FY 2014/2015 budget for the Air Pollution Control Program. Summary: This Resolution is required by the August 21, 1984, Agreement between the Board of County Commissioners and the Department of Health Palm Beach County (DOHPBC) to establish the annual budget for the expenditure of fees deposited into the Air Pollution Control Trust Fund.  This program is solely supported by motor vehicle license registration fees. The proposed FY 2014/2015 budget for the Air Pollution Control Program from this funding source is $940,000 which is a 4.44% increase from the current year budget. This budget can be accommodated by future revenues and a surplus in the Air Pollution Control Trust Fund. Countywide (PGE)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to approve: Amendment No. 10 to the Technical Currency Program (TCP) Agreement with Xerox Government Systems, LLC (R2003-1017, as amended), to extend the software maintenance coverage for the following component modules of the Banner Courts system:  Civil, Juvenile, Extended Case Information and Accounting, at an annual fee of $250,690 for the period of October 1, 2014, through September 30, 2015. SUMMARY: The TCP License Agreement was initially entered into by Palm Beach County and SCT (now Xerox) on September 29, 1998 (R1998-1540 & 1541), for annual maintenance of the Justice Information System (JIS). The TCP Agreement provides for software maintenance coverage and establishes the amount of the annual payments to Xerox.  The current TCP agreement expires September 30, 2014 and this extension of the agreement will begin October 1, 2014 to provide a continuation of software maintenance coverage by Xerox.  After the Clerk & Comptroller’s new case management system is fully implemented, annual software maintenance cost will decrease to $5,655 for the Jury Management module, the only Xerox software product which will remain in use by the Clerk & Comptroller.  Jury Management software maintenance has been extended under a separate contract amendment.  Xerox Government Systems, LLC is based in Fairfax, VA.  Countywide (PFK)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to:

 

A) approve the Judicial Inquiry System (JIS) Inter-agency User Agreement and Agency Appointed Contacts form with the Office of the State Court Administrator (OSCA), which authorizes the Palm Beach County Pretrial Services Program to utilize the JIS, an information network for court use and criminal background checks; and

 

B) authorize the County Administrator or his designee to execute any amendments relating to this Agreement.

 

SUMMARY:  Execution of the Judicial Inquiry System Inter-agency User Agreement will insure that the Palm Beach County Pretrial Services Program will have comprehensive access to the first appearance docket and criminal histories of individuals who fall within the scope of work performed by Pretrial services by allowing access and retrieval of information from the JIS system. This is a no-cost agreement, is continuing and has no expiration date. Countywide (PGE)

 

 

2.         Staff recommends motion to:

 

A) receive and file the executed Grant Agreement with Florida Power & Light Company (FPL) to receive $200,000 for the Radiological Emergency Preparedness (REP) Program to provide and participate in radiological emergency planning and preparedness activities for the period of October 1, 2014, through September 30, 2016; and

 

B) approve a Budget Amendment of $3,442 in the Radiological Emergency Preparedness Grant Fund to adjust budget to the actual grant award.

 

SUMMARY: Florida Power & Light Company will provide Palm Beach County $200,000 over two years, for the Palm Beach County Division of Emergency Management REP Program, in accordance with U.S. Nuclear Regulatory Commission Provision (NRC) 10 CFR Pars 50 and 70, NCR guidance document NUREG 0654 and Florida Statutes 252. The grant provided by FPL will continue to fund a planner position that oversees the REP program and related expenses.  Resolution R2001-0217 authorizes the County Administrator, or his designee, to execute these agreements on behalf of the Board of County Commissioners. No County matching funds are required. Countywide (PGE)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

3.         Staff recommends motion to:

 

A) receive and file an executed Contract with the Florida Council Against Sexual Violence (FCASV) (Contract No. 14OAG26) for the period July 1, 2014, through June 30, 2015, to receive grant funding in the amount of $20,826 to provide sexual battery recovery services; and

 

B) receive and file an executed Amendment 1 with the FCASV (Contract No. 13RCP26), to receive the second year award amount of $46,983 for the period of July 1, 2014, through June 30, 2015, to provide sexual battery recovery services; and

 

C) receive and file an executed Amendment 1 with the FCASV (Contract No. 13GR26) to receive the second year award amount of $102,979 for the period of July 1, 2014, through June 30, 2015, to provide sexual battery recovery services; and

 

D) approve a Budget Amendment of $160,306 in the Public Safety Grants Fund to recognize the actual grant awards.

 

SUMMARY: These are annual grants that are received by the Division of Victim Services.  The funds will be used to provide sexual battery recovery services to primary and secondary victims of sexual battery. R2006-0096 authorizes the County Administrator or his designee to execute FCASV grant contras on behalf of the County. Countywide (PGE)

 

 

4.         Staff recommends motion to receive and file: Amendments to Contracts for drug treatment and testing services with the below listed agencies for the period October 1, 2012, through September 30, 2015:

 

A) First Amendment to Contract for Services with Comprehensive Alcoholism Rehabilitation Programs, Inc. (R2012-1741) decreasing funding by $34,000 for a new total not to exceed amount of $95,000; and

 

B) First Amendment to Contract for Services with Counseling Services of Lake Worth, Inc. (R2012-1742) decreasing funding by $64,000 for a new total not to exceed amount of $137,000; and

 

C) First Amendment to Contract for Services with Drug Testing and Counseling Services, Inc. (R2012-1745) increasing funding by $38,172.00 for a new total not to exceed amount of $571,816.50; and

 

D) First Amendment to Contract for Services with South County Mental Health Center, Inc. (R2012-1746) increasing funding by $26,000 for a new total not to exceed amount of $71,000; and

 

E) First Amendment to Contract for Services with Drug Abuse Foundation (R-2012-1744) increasing funding by $10,000 for a new total not to exceed amount of $193,000.

 

SUMMARY: The contract amendments being recommended for approval define the scope of services, terms and conditions, and funding amounts for contracted agency services under the Drug Court Program. Due to a decreased amount of grant funds received it was necessary to adjust the contracted service amounts.  R2012-1740 thru R2012-1746, approved on November 20, 2012, authorized the County Administrator or his designee to execute amendments to these contracts on behalf of the Board of County Commissioners to adjust the not-to-exceed amount as long as the cumulative total does not exceed $1,347,732. There is no ad valorem funding required for these contracts. Countywide (PGE)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Z.         RISK MANAGEMENT

 

1.         Staff recommends motion to approve:

 

A) Third annual option to renew the Administrative Services Only (ASO) Agreement (R2011-1667) dated October 31, 2011, with CIGNA Health and Life Insurance Company (CHLIC) for claims administration services for the County’s self-funded HMO and POS health insurance plans for the period January 1, 2015, through December 31, 2015; and

 

B) CHLIC’s proposed administrative fees, access fees and specific stop loss premiums estimated at $2,259,690 for plan year 2015; and

 

C) The actuarial rates per coverage tier for plan year 2015; and

 

D) Employee wellness participation cash incentives in the amount of $25 for completion of the online Health Risk Assessment (HRA) and $25 for participation in an onsite biometric screening.

 

Summary:  Staff recommends Board approval of the third annual option to renew the ASO Agreement with CHLIC for the period January 1, 2015, through December 31, 2015 on behalf of the employees of the Board of County Commissioners (Board), Supervisor of Elections, and Palm Tran, Inc. (collectively participating in the plan through the provisions of Interlocal Agreement 2002 2287).  CHLIC’s estimated fees of $2,259,690 represent a reduction of $94,118 over the expiring contract primarily due to a 2.5% reduction of the stop loss premium while maintaining the stop-loss limit of $600,000 per claim, as well as a reduction in number of enrolled employees.  The total projected health plan claims and administrative expense for plan year 2015 is $64,514,198, representing a decrease of $279,184 over the projected 2014 expense at the same time last year.  Health plan expenses also include fees/taxes mandated by the Affordable Care Act (ACA), which are projected at $406,460. Staff is recommending employee contributions and cost-sharing remain unchanged for plan year 2015.  Actuarial projections show sufficient funding to maintain the required Office of Insurance Regulations (OIR) safe harbor surplus threshold of 60 days of claims. Countywide (TKF)

 

 

2.         Staff recommends motion to receive and file:

 

A) Business Associate Agreement with American Document Destruction Corp.; and

 

B) Business Associate Agreement with the Clerk and Comptroller, Palm Beach County, received during the months of January and February, 2014 respectively.

 

SUMMARY: Resolution R2003-0554 authorized the County Administrator and/or Designee to execute Business Associate Agreements as required by the Health Insurance Portability Act of 1996 (HIPAA). The HIPAA Omnibus Final Rule was published in the Federal Register at 78 Fed. Reg. 5,566 on January 25, 2013. The Final Rule amended the language required to be contained in Business Associate Agreements.  Covered Entities under HIPAA are required to ensure new and existing Business Associate Agreements contain compliant language upon renewal of their contracts, or no later than September 24, 2014. Countywide (TKF)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to approve: a two year Agreement for the provision of transportation services (via Palm Tran Routes 91 and 92) between the Board of County Commissioners of Palm Beach County (BCC), Florida and Cen-West Communities, Inc. effective November 1, 2014 to residents of Century Village Boca Raton for $516,136.  Summary:  Cen-West Communities, Inc. has contracted for bus service for its residents since the inception of the development of Century Village Boca Raton 26 years ago.  The contract rate for this Agreement is 33% more than the current rate, which is comparable to the 2014 increase in Palm Tran bus fares and passes, and includes a 3% increase in the second year of the agreement.  Payment of the annual contract rates is in lieu of residents paying individual fares into the farebox on Palm Tran Routes 91 and 92.  The commencement date of this new agreement is November 1, 2014 and the termination date is October 31, 2016. District 5 (DR)

 

 

2.         Staff recommends motion to approve: a revised Substance Abuse Policy for Palm Beach County's public transit system and transmit the revised program to the Federal Transit Administration (FTA) for approval as required by change in law. Summary: On December 7, 2004, the Board of County Commissioners of Palm Beach County, Florida, approved Palm Tran's Substance Abuse Policy (R2004-2525). The Federal Transit Administration (FTA) of the U.S. Department of Transportation has adopted 49 CFR (Code of Federal Regulations) Part 655, which mandates urine drug testing and breath alcohol testing, for employees performing safety-sensitive functions. The Policy is being revised to incorporate the revisions to 49 CFR Part 40, specifically, modifications to the standards for the collection and testing of urine and breath specimens. Countywide (DR)

 

 

3.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the submission of a Section 5311 Grant Application to the Florida Department of Transportation (FDOT) for a project totaling $673,358 to offset fixed route costs in the Lakes Region of Palm Beach County and a non-urbanized area program assurance. Summary:  FDOT has notified Palm Tran that an allocation of Section 5311 funds in the amount of $336,679 is available for non-urbanized areas for mass transit operating assistance. If the grant is approved, these grant funds will be used to partially offset the operating costs of mass transit in the Lakes Region of Palm Beach County.  The Grant Application is for a total project cost of $673,358 which requires a local match of 50% ($336,679 Local Funds, $336,679 FDOT Funds). Palm Beach County will provide the local match funding from the local option gas tax. The grant match is included in the proposed FY 2015 Budget. District 6 (DR)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN (Cont’d)

 

4.         Staff recommends motion to approve: a Funding Agreement in the amount of $1,127,097 between the City of Boca Raton and the Board of County Commissioners of Palm Beach County, Florida (BCC) for enhanced bus service between the Boca Raton Tri-Rail Station, Florida Atlantic University (FAU), Palm Beach State College (PBSC), the FAU Research and Development Park campus, and Federal Highway for the three year period of October 1, 2014, through September 30, 2017.  Summary: On December 7, 2010, the Board of County Commissioners of Palm Beach County, Florida (BCC) approved a three year Agreement with the City of Boca Raton (R2010-2039) to provide funding for enhanced bus service on Route 94. On December 17, 2013, the BCC approved an Amendment (R2013-1849) extending the Agreement for one year. This Funding Agreement extends that partnership for an additional three years and provides the financial support necessary to allow Palm Tran to continue providing enhanced bus service during peak hours on Route 94 between the Boca Raton Tri-Rail Station, FAU, PBSC, the FAU Research and Development Park campus, and Federal Highway in Boca Raton.  The total cost to operate this service is $1,444,996. The City of Boca Raton will pay 78% or $1,127,097 which is a 45% increase above that provided under the 2010 Agreement. Palm Tran will fund the remaining 22%. Base service for this route is sixty minute frequency throughout the day; enhanced bus service increases service frequency to twenty minutes during the morning and afternoon peak periods. District 5 (DR)

 

 

BB.     INTERNAL AUDITOR

 

1.         Staff recommends motion to receive and file:

 

A) Audit reports reviewed by the Audit Committee at its June 18, 2014 meeting as follows:

 

1.        2014-05-Parks & Recreation - Aquatics Division;

2.        2014-06-Risk Management - Workers Compensation;

3.        2014-07-Airports - Fixed Base Operators - Signature Flight Services;

4.        2014-08-Economic Sustainability - Capital Improvements, Real Estate and Inspection Services; and

5.        2014-09-Airports - Fixed Base Operators - Jet Aviation Inc.; and

 

B) Audit recommendation status follow-up report as of March 31, 2014 reviewed by the Audit Committee at its June 18, 2014 meeting.

 

SUMMARY: Ordinance 2012-011 requires the Internal Audit Committee to review audit reports prior to issuance.  Ordinance 2012-012 requires the County Internal Auditor to send those reports to the Board of County Commissioners.  At its meeting on June 18, 2014, the Committee reviewed and authorized distribution of the attached audit reports. The Committee also reviewed and authorized distribution of the Audit Recommendation Status Follow-up Report as of March 31, 2014.  We are submitting these reports to the Board of County Commissioners as required by the Ordinance. Countywide (PFK)

 

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a High Intensity Drug Trafficking Area (HIDTA) Grant in the amount of $25,000, for the period of July 2, 2014, through July 1, 2015; and

 

B) approve a Budget Amendment of $25,000 in the Sheriff’s Grant Fund.

 

SUMMARY: On July 10, 2014, the Palm Beach County Sheriff’s Office received an award from the South Florida HIDTA Office. The funds will be used to offset overtime costs incurred by law enforcement officers participating in “Operation Pot Luck”.  There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (PGE)

 

 

DD.     TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to approve: the Fourth Amendment to the Agreement (R2012-1320) with Discover Palm Beach County, Inc. (Discover) for the provision of services under the Palm Beach County’s Tourist Development Plan during the period of October 1, 2014, through September 30, 2015, in the amount of $10,663,006 in contractual services and $2,031,159 in stimulus funds, indirect costs and reserves for a total of $12,694,165. This will be the third year of a five year agreement. SUMMARY: The Fourth Amendment to the Agreement updates for the Fiscal Year 2015: Exhibit “A” – Annual Budget; and Exhibit “H” – Performance Measures. These contract changes have been reviewed and approved by the Tourist Development Council (TDC) Finance Committee and the TDC Board. (TDC) Countywide (DW)

 

 

2.         Staff recommends motion to approve: the Fifth Amendment to the Agreement (R2012-1318) with the Cultural Council of Palm Beach County, Inc. (the “Cultural Council”) for the provision of services under Palm Beach County’s Tourist Development Plan during the period of October 1, 2014, through September 30, 2015, an amount not to exceed $1,593,210 in contractual services and $4,487,475 in stimulus funds, indirect costs, grants and reserves for a total of $6,080,685. This will be the third year of a five year agreement. SUMMARY: The Fifth Amendment to the Agreement updates for the Fiscal Year 2015: Exhibit “A” – Annual Budget; Exhibit “E” – Performance Measures; and Exhibit “G” – Salary Range for the addition of new administration position – cultural concierge. This position supports new cultural tourism program to draw new travelers to Palm Beach County through a specialized menu of services directed toward the individual and group traveler. The Cultural Council will continue to administer Category B grants totaling $3,018,000, and Category C II grants totaling $397,500 for the County. In addition, stimulus funds, indirect cost and reserves of $1,071,975 are included for a budget totaling $6,080,685. These contract changes have been reviewed and approved by the Tourist Development Council (TDC) Finance Committee and TDC Board. (TDC) Countywide (DW)

 


SEPTEMBER 9, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

DD.     TOURIST DEVELOPMENT COUNCIL (Cont’d)

 

3.         Staff recommends motion to approve: the Third Amendment to the Agreement (R2012-1321) with Palm Beach County Sports Commission, Inc., (the “PBCSC”) for the provision of services under Palm Beach County’s Tourist Development Plan during the period of October 1, 2014, through September 30, 2015, in the amount of $863,325 in contractual services and $1,300,867 in stimulus funds, indirect costs, grants and reserves for a total of $2,164,192. This will be the third year of a five year agreement. SUMMARY: The Third Amendment to the Agreement updates for Fiscal Year 2015: Exhibit “A” - Annual Budget and Exhibit “E” – Performance Measures. The Third Amendment also revises PBCSC purchasing policy to purchase or contract for goods and services without competitive selection through purchase off contracts of other entities. PBCSC will continue to administer Category “G” grants totaling $430,000 for the County.  In addition, stimulus funds, indirect cost and reserves of $870,867 are included for a total budget of $2,164,192. These contract changes have been reviewed and approved by the Tourist Development Council (TDC) Finance Committee and the TDC Board. (TDC) Countywide (DW)

 

 

4.         Staff recommends motion to approve: the Third Amendment to the Agreement (R2012-1319) with the Palm Beach County Film and Television Commission (PBCFTC) for the provision of services under the Palm Beach County’s Tourist Development Plan during the period of October 1, 2014, through September 30, 2015, in the amount not to exceed $820,250 in contractual services and $511,154 in stimulus funds, direct costs, and reserves for a total of $1,331,404. This will be the third year of a five year agreement. SUMMARY: The Third Amendment to the Agreement updates for Fiscal Year 2015: Exhibit “A” - Annual Budget and Exhibit “F” - Performance Measures. The Third Amendment revises PBCFTC purchasing policy to purchase or contract for goods and services without competitive selection through purchase off contracts of other entities. Furthermore, the third amendment provides PBCFTC to sponsor positive tourism branded programming and events that will attract and increase tourism to Palm Beach County. In addition, stimulus funds, indirect costs and reserves totaling $511,154 are included for a total budget of $1,331,404. These contract changes have been reviewed and approved by the Tourist Development Council (TDC) Finance Committee and TDC Board. (TDC) Countywide (DW)

 

 

 

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


SEPTEMBER 9, 2014

 

 

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

 

 

A.        Staff recommends motion to:

 

A) approve the Application of Lourdes-Noreen McKeen Residence for Geriatric Care, Inc. for the issuance of Palm Beach County, Florida’s (the “County”) up to $19,500,000 Revenue Refunding Bonds (Lourdes-Noreen McKeen Residence for Geriatric Care, Inc. Project), Series 2014 (the "Bonds"); and

 

B) conduct a Tax Equity & Fiscal Responsibility Act (TEFRA) public hearing concerning the proposed issuance of the Bonds.

 

Summary: Lourdes-Noreen McKeen Residence for Geriatric Care, Inc. (the "Company") has been providing senior and assisted living services for more than 50 years in Palm Beach County.  The Company has applied for the issuance of a revenue refunding bond by the County in an amount not to exceed $19,500,000.  Bond proceeds will be used to refinance the County's Senior Health and Housing Facilities Revenue Refunding Bond, Series 2002 (Lourdes-Noreen McKeen Residence for Geriatric Care, Inc. Project), and pay the costs of issuance related to the Bonds. The 2002 Bonds were issued to refinance earlier bonds issued by the County the proceeds of which were used to finance capital assets for the Borrower’s facilities located at 311 South Flagler Drive in West Palm Beach.  Prior to the issuance of any portion of the Bonds that will be tax-exempt, the Internal Revenue Code requires that the County hold a public hearing.  The Company will be required to receive the County’s future approval prior to issuing the Bonds, which is anticipated to be on the October 7, 2014, Board of County Commissioners’ meeting agenda.  The Bonds will be payable solely from revenues derived from the Company. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bond. District 7 (PFK)

 

 

 

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


SEPTEMBER 9, 2014

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:

 

A) an Agreement with KaBOOM!, Inc. and Lake Worth West Resident Planning Group, Inc. for an amount not to exceed $8,500 for the purchase and installation of playground equipment at Lake Worth West Park; and

 

B) the allocation of an advance payment in an amount not to exceed $8,500 which is necessary for County business for the purchase of playground equipment to be installed at Lake Worth West Park; and

 

C) Budget transfer of $8,500 from the Lake Worth West Portable Classroom Account to establish a project budget for this project.

 

SUMMARY: The above project was reviewed and recommended for funding by the Office of Community Revitalization (OCR) on June 27, 2014. KaBOOM! is a national non-profit organization that focuses on designing and constructing playgrounds for use by children living in socio-economically challenged communities.  Funding from the Lake Worth West Portable Classroom Account will be used to assist in the funding of the KaBOOM! park project.  KaBOOM! will be providing an amount not to exceed $76,500 towards the construction and purchase of the playground equipment, which is 90% of the total cost for the project.  The County will fund $8,500 towards the purchase of the playground equipment, which is 10% of the total project costs.  KaBOOM! is requiring the County pay the $8,500 as an advance payment, prior to the County receiving the playground equipment, due to KaBOOM!’s time restrictions.  An advance payment is permitted pursuant to the Palm Beach County Administrative Code, Section 305.02, which allows the County to make an advance payment for expenses deemed necessary for County business.  In addition to the $8,500, the County will incur additional expenses for conducting 2 soil tests, removing playground equipment currently located at Lake Worth West Park, site preparation, obtaining all required permits and future maintenance of the playground.  These additional expenses are currently budgeted in Parks and Recreation’s budget.  Lake Worth West Resident Planning Group will provide indemnification to the County during the construction/build day and the County will be liable for anything that occurs on the playground site following build day, because KaBOOM! will not be indemnifying the County. District 3 (AH)

 

 

2.         Staff recommends motion to approve: Amendment 21 to the Contract (R91-1876D) with Robert Weisman, County Administrator, setting a salary increase and effective date the same as other employees. SUMMARY: This contract provides for the County Administrator’s services through August 31, 2015 completion of DROP. This year marks completion of 34 years as a County employee and 23 years as Administrator.  Countywide (DO)

 

 

3.         Staff recommends motion to rescind: direction to staff to prepare an ordinance authorizing hospitals in the County to place a lien on the proceeds of settlements or judgments in order to receive payment for services rendered to a patient. SUMMARY: On July 22, 2014, the Board of County Commissioners directed staff to prepare an ordinance that would assist local hospitals in the collection of bill payments through placement of liens on the proceeds of legal settlements or judgments in personal injury matters.  Staff has subsequently met with all interested parties and reviewed all written correspondence and is now recommending that no further action be taken regarding preparation of such an ordinance. Countywide (TKF)


 

SEPTEMBER 9, 2014

 

 

5.         REGULAR AGENDA

 

 

B.        ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to approve on preliminary reading and advertise for first public hearing on October 21, 2014 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida amending the Unified Land Development Code, Ordinance 03-067, as amended; amending the zones of influence maps as set forth in Article 14 – Environmental Standards, Chapter B - Wellfield Protection; providing for repeal of laws in conflict; severability; a savings clause; captions; enforcement; inclusion in the Unified Land Development Code; and an effective date. SUMMARY: Wellfield Zone of Influence maps are routinely and periodically updated based upon enhanced knowledge of model characteristics and aquifer responses, changes in well pumpage, reconfiguration of wellfields, and design and response of wellfields.  On July 23, 2014, the map changes were presented to and voted on with no objection by the League of Cities Board of Directors and membership. The map changes were also presented to and approved by the Land Development Review Advisory Board/Land Development Review Committee on July 23, 2014. Countywide (SF)

 

 

C.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Lake Park Harbor Marina Dockage Agreement with the Town of Lake Park for the lease of boat slips within the Lake Park Harbor Marina located at 105 Lake Shore Drive. SUMMARY: Fire Rescue requires dockage for two boats in order to provide emergency marine rescue services in Lake Park and in the surrounding waterways. The Lake Park Harbor Marina Dockage Agreement (Lease) provides for the lease of two boat slips and two parking spaces for use by Fire Rescue at the Lake Park Harbor Marina (Marina).  The initial term of the Lease is for one year, commencing on October 1, 2014, with two options to extend for one year each, at the Marina’s lowest lineal foot rate then being offered at the Marina.  The annual rental for the initial term is eleven thousand nine hundred forty dollars ($11,940) payable in equal monthly installments.  The first rent payment is due thirty days after Lease execution.  The annual rental includes a sixty dollar ($60) per month charge for utilities which is subject to change by the Town Commission with thirty days advance notice to County. Both parties have the right to terminate the Lease with ninety days advance notice to the other party and thereafter be relieved of all further Lease obligations. (FDO) District 1 (HJF)

 

 


SEPTEMBER 9, 2014

 

 

5.         REGULAR AGENDA

 

 

D.        PALM TRAN

 

                        TIME CERTAIN 11:00 A.M.

1.         Staff recommends motion to approve: the Selection Committee’s recommendation for:

 

A) MV Transportation, Inc. for Run Package A;

      

B) First Transit, Inc. for Run Package B; and

 

C) Maruti Fleet & Management, LLC for Run Package C as proposed under the Request for Proposal (RFP No. 14-041/SC) for Palm Tran Connection Paratransit Services.

 

Summary: On June 27, 2014, the County received 23 proposals from 12 paratransit service providers for three Run Packages. Seven of the 12 proposers were determined to be responsive and forwarded to the Selection Committee for evaluation. On July 28, 2014, the Selection Committee met to hear oral presentations, evaluate written proposals and rank each company.  Per prior Board direction, a company could only be awarded one Run Package. MV Transportation, Inc. received the highest rankings for all three Run Packages and is recommended for Run Package A.  First Transit, Inc. received the second highest ranking for Run Packages A and B and is recommended for Run Package B. Maruti Fleet & Management, LLC ranked second on Run Package C and is being recommended for Run Package C.  MV Transportation, Inc., First Transit, Inc., and Maruti Fleet & Management, LLC will provide 26.1%, 20.2%, and 100% DBE participation, respectfully.  The proposed wages for the three firms meet, or exceed the Living Wage requirements. The seven year price proposal for the recommended firms are as follows:  MV Transportation, Inc. $72,670,431; First Transit, Inc. $76,201,015; and Maruti Fleet & Management, LLC $35,017,147. If approved by the Board, final contracts will be presented at the October 7, 2014 regular Board of County Commissioners Meeting. The Notice to Proceed is anticipated to be November 1, 2014 with a start date of February 1, 2015. Countywide (DR/DW)

 


SEPTEMBER 9, 2014

 

 

5.         REGULAR AGENDA

 

 

D.        PALM TRAN (Cont’d)

 

2.         Staff recommends motion to approve on preliminary reading and to advertise for public hearing on October 21, 2014 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, to be known as the Palm Beach County Palm Tran Trespass Ordinance; providing for a short title; providing for definitions; providing for authorization to issue Palm Tran trespass notices as to Palm Tran personnel and property; providing for appeal of such trespass notices; providing for inclusion in the Code of Laws and Ordinances; providing for repeal of laws in conflict; providing for severability; providing for enforcement; providing for penalty; providing for captions; and providing for an effective date. Summary: Current State laws and County code and ordinances prohibit certain actions or activities that endanger, interfere with, or threaten Palm Tran’s operations and the safety of its drivers, passengers, employees and the citizens of and visitors to Palm Beach County. These laws and ordinances do not provide a mechanism to temporarily enjoin individuals who have damaged property, violated certain laws, harmed or threatened others, or interfered with Palm Tran’s operations, from returning to or entering upon property used for Palm Tran public transportation fixed route services.  The continuing presence of an individual who has damaged or destroyed property, assaulted or battered a driver or passenger, violated certain laws, or endangered or interfered with Palm Tran’s operations poses a danger to the security of others, the safe operations of Palm Tran and to property used for Palm Tran purposes. Temporarily enjoining such individuals from access to property used for Palm Tran purposes will promote the public safety and welfare and protect Palm Tran’s drivers, passengers, employees, and other members of the public, and property used for Palm Tran purposes. The ordinance also establishes a process by which individuals may appeal the issuance of a trespass notice. Countywide (DR/PK)


SEPTEMBER 9, 2014

 

 

5.         REGULAR AGENDA

 

 

E.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: a Conceptual Master Plan for Morikami Park. Summary:  Morikami Park encompasses approximately 188 acres on the west side of Jog Road, west of Delray Beach.  The park currently supports the Morikami Museum and Japanese Gardens on approximately 40 acres, the 11 acre Lake Biwa picnic area, a 4.7 acre stormwater retention area for Jog Road and a 3 acre WUD utility site.  The Parks and Recreation Department (P&RD) has updated the Conceptual Master Plan for Morikami Park as part of the planning process for future park improvements.  In addition to those existing improvements, the Conceptual Master Plan proposes approximately 34 acres for the future expansion of the existing Morikami Museum and Japanese Gardens, 11 acres adjacent thereto to accomplish the longstanding objective for a Japanese inn (ryokan) and restaurant to expand upon the park’s cultural offerings and events, 25 acres for preservation and trails, 15.3 acres of open field/grass parking area and 16 acres for future park/institutional use.  The remainder of the Conceptual Master Plan consists of perimeter landscape buffers, existing and proposed roads, a proposed non-vehicular pathway, existing and potential future wells, as well as 10 acres of surplus property.  Over the past 40 years, various master plans have been produced for Morikami Park and included similar future uses and improvements with the common goal of creating a world class Japanese cultural facility and providing other public recreation opportunities.  While these future uses have been contemplated for decades and discussed with Board members on numerous occasions, no official record of a Board approved Conceptual Master Plan can be located.  Currently, land use and zoning designations do not permit a ryokan at the Morikami.  However, Board approval of the Morikami Conceptual Master Plan will initiate the process for staff to develop a Unified Land Development Code (ULDC) amendment and rezoning necessary for future park development that would include a ryokan.  P&RD has worked closely with Morikami, Inc., the not-for-profit partner for operating the Morikami Museum and Japanese Gardens, and they support this Conceptual Master Plan.  P&RD is seeking Board approval of this Conceptual Master Plan prior to making any further improvements or undertaking other initiatives that would realize the vision set forth by the proposed Conceptual Master Plan. District 5 (HF)

 

 

F.         PUBLIC SAFETY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida repealing and replacing Resolution No. R2000-0246, as amended by Resolution No. R2005-0595 and Resolution No. R2005-0803, enacting a new schedule of fees and fines for the Palm Beach County Moving Ordinance. SUMMARY: The proposed Resolution reduces the late fee associated with the renewal of a moving company’s operating permit application from $250 to $75.  The reduced fee is a more accurate reflection of the administrative cost involved to process the company’s renewal application. Countywide (PGE)

 

 

 

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


SEPTEMBER 9, 2014

 

 

6.         BOARD APPOINTMENTS

 

 

            A.        PALM TRAN

                        (Palm Tran Service Board)

 

1.         Staff recommends motion to:

 

A) waive the residency requirement in Resolution R2002-0485, as amended, and R2013-0193 for Mr. Dwight Mattingly; and

 

B) approve the appointments of two At-Large members to the Palm Tran Service Board (PTSB) for the following terms:

 

Nominee                     Category, Seat No.     Term to Expire           Nominated By

Frank Stanzione           Senior Citizen              Sept. 30, 2017             Mayor Taylor

                                    Seat #7                                                            Comm. Vana

                                                                                                            Comm. Valeche

 

Dwight Mattingly          Fixed Route Bus          Sept. 30, 2016             Mayor Taylor

Operator, Seat #10                                          Comm. Vana

                                                                        Comm. Valeche                  

Summary: The Palm Tran Service Board is composed of 13 At-Large members with specific seat categories.  There are currently four vacancies on the Board.  On August 21, 2014, staff circulated a memo to the Board of County Commissioners (BCC) requesting support of Mr. Stanzione and Mr. Mattingly’s to fill two of those vacancies. The Resolutions currently governing the Palm Tran Service Board, state that all members shall be residents of Palm Beach County, and does not allow for exceptions. In March 2013, the BCC adopted new uniform policies and procedures governing advisory boards, and allowed for exemptions to the residency requirement when circumstances warrant outside technical/professional representation. In the case of Mr. Mattingly, staff is requesting the BCC waive the residency requirement since Seat 10 is assigned to a fixed route bus operator, and there are no residency requirements for Palm Tran’s fixed route bus operators. Mr. Mattingly is also filling an unexpired term due to the retirement of a fixed route bus operator.  No additional nominations were received. Countywide (DR)

 

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


SEPTEMBER 9, 2014

 

 

7.         MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

 

 

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

 


SEPTEMBER 9, 2014

 

 

8.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


SEPTEMBER 9, 2014

 

 

9.         COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK, VICE MAYOR

 

Request approval to present off-site, a Proclamation declaring September 12, 2014 as “Nonprofits Day” in Palm Beach County.

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA

 

 

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

F.         District 6 - COMMISSIONER JESS R. SANTAMARIA

 

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR, MAYOR

 

 

 

 

 

 

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."