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01-11-11 Workshop MeetingCITY COMMISSION r' "' `~' "' ' ` " CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING -TUESDAY, JANUARY 11, 2011 ~!~ ~r~tne~~~r~ 6:00 P.M. DELRAY BEACH CITY HALL FIRST FLOOR CONFERENCE ~ i ROOM ,. .,,, . w The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. WORKSHOP AGENDA 1. Chamber of Commerce Grant Request 2. Chamber of Commerce Relocation 3. Annual Citizen's Roundtable Discussion Format 4. Discussion Regarding a Draft Resolution Modifying the Financial Review Board 5. Discussion Regarding a Proposed Ordinance Limiting the Use of Segways 6. State Legislative Priorities for 2011 7. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 7, 2011 SUBJECT: AGENDA ITEM WS.1 -WORKSHOP MEETING OF JANUARY 11, 2011 CHAMBER OF COMMERCE GRANT REQUEST ITEM BEFORE COMMISSION The item before Commission is consideration of the Chamber's Marketing Grant Request for BusinessDelray.org. BACKGROUND The Chamber of Commerce originally presented a $110,000 Grant Request at the November 9, 2011 workshop meeting. The attached letter and application from the Chamber provide a responses to questions raised in the City's November 17, 20101etter to the Chamber concerning their earlier request. However, the Chamber has now divided their request into two parts: BusinessDelray.org and Tourism Marketing. The attached letter presents a $30,000 Business Delary.org request. It does a good job of responding to the questions staff had raised about the initial request. The Chamber expects to present their Touriim Marketing Request at a later date. Chamber representatives will be present at the workshop meeting to discuss this grant request with the Commission. RECOMMENDATION Keep in mind that the City contributes $22,500 toward the Economic Development Director's salary, and in Fiscal 2009 we spent about $300,000 in cash and unreimbursed in-kind support to various events intended to promote the City by bringing people into town. One question which should be considered is whether the City should contribute the total amount of any grant, or should the CRA contribute a portion since some of the sites and other features being marketed are located in their district. The campaign seems to be well thought out and appropriately targeted. Basically the Commission has four options in considering this request: 1. Reject the request as not an appropriate expenditure for the City. 2. Fund the request now from prior year's surplus (undesignated fund balance). 3. Fund the request at mid-year (April) if funds are available, and if not then include it in next year's budget. 4. Direct staff to include the request in next year's proposed budget to start October 1, 2011. Staff requests direction from the Commission on how you wish to respond to this application. -- - - - ~," : ,~ GREATER DELRAY BEACH Chamber of Commerce January 5, 2011 Mayor Woodie McDuffie City Commission Mr. David Harden City of Delray Beach Delray Beach, Florida 33444 RE: Greater Delray Beach Chamber of Commerce "2011 Economic Development Campaign" Dear Mr. Harden, Mayor, and City Commissioners: Thank you again for the opportunity of presenting the Chamber's Marketing Grant Request to the Commission at the November Workshop. We have been working diligently to address the Commission's concerns presented during the workshop and addressed in your letter of November 17`", 2010. In order to clarify the request, we have divided the request into two parts. Today, we are submitting a Marketing Grant Request for the www.BusinessDelray.or~. At a later date, we will be submitting to you a Marketing Grant Request for the Chamber's Tourism Marketing efforts, including the www.visitdelraybeach.us web site. Specifically addressing the BusinessDelray.org request, we are addressing the 10 items addressed in your letter as follows: 1. Detailed Revenue and Expense Budget 'www.BusinessDelray.org Marketing Budget Income 'City Grant;. $ 30,000.00 58% Advertisement Income ! $ 12,000.00 23%' .Chamber Contribution $ 10,000.00 19%' Total Income , $ 52,000.00 Expenses Website Development $ 8,000.00 Website Maintenance $ 5,000.00 Florida Trend Adds (5) ! $ 20,000.00 (Site Selection Adds (4) $ 15,000.00 iWebAdds $ 2,000.00 BDB FAM Tour $ 2,000.00 Total Expenses $ 52,000.00 Man-hours have been omitted from the Revenue/Expense Budget above. However, the City/CRA Economic Development Director, other Delray Beach CRA staff, Chamber staff, and Chamber volunteers provide the man power required for this effort. 2. Complete Attached Application Form Attached 3. Goals Obiectives and Performance Indicators 1. Print and Web Advertising a. Goal: Promoting Delray Beach as a viable location to establish a business. To improve awareness and utilization of economic development programs and tools, and improve the performance of the economic development efforts. b. Objectives - i. Reach corporate executives and professionals ii. Promote utilization of Economic Development Programs iii. Improve Vacancy Rates in Commercial Properties c. Performance Measures: i. Google Analytics would give rich insights into website traffic and marketing effectiveness. ii. Actual applications to City/CRA economic development programs iii. Actual Vacancy rates in Commercial properties 2. BDB FAM Tour a. Goals: Promoting Delray Beach as a viable location to establish a business and as an important economic component of Palm Beach County. b. Objectives: Bring Site Selection Consultants to Delray Beach; change the image of our community; and introduce Delray's technology cluster to Site Selection Consultants that the Business Development Board invites to Palm Beach County c. Performance Measures: Quantify number of Site Selection Consultants that visit Track inquiries for further information about the community or a particular site 4. Is this a onetime Brant or an on-~oin~ request? This is a onetime grant. However, this project is to provide evidence of a strategic investment of successful actions to encourage the support for a dedicated economic development marketing budget for the City of Delray Beach. 5. What are your other fundine sources As outlined in the Income and Expense chart above, other funding sources are: 2 • The Greater Delray Beach Chamber of Commerce • Private Businesses advertising on the website • The Delray Beach CRA with staff support 6. DDA and DMC Coordination Neither the DMC nor the DDA market the City of Delray Beach and its eight business districts to non- retail businesses. 7. Who is you audience/customer Site Selection Consultants and executive/professionals/managers in the following targeted industries: • Aerospace/Aviation/Engineering • Business/Financial Services • Communications/Information Technology • i_ife Sciences • Tourism/Recreation/Entertainment 8. Has statistical research been done to determine your customer base strate~y? Up to now, statistical research has not been conducted to determine our customer base and we agree it is needed. However, the statistical information we will gain through Google Analytics mentioned in this grant proposal will serve as the initial step in allowing the Delray Beach Chamber Economic Development Committee identify all market segments. Funding of this grant will allow us to ascertain the numerous market segments related to tourism and allow us to then design programs and strategies that foster greater interest in our greater Delray Beach community. Most importantly, funding of this grant will allow the Economic Development Committee to begin a diversification process of attracting new customers interested in a wide range of available business opportunities and incentives through www.businessdelray.or~ . The information gained from this web site will allow us to first identify various customers and then proceed with strategies for further outreach. It will also help support growth outside the central core. Finally, the familiarization tour recommended in this grant proposal will give us initial qualitative feedback to be combined with the quantitative results from the Google analytics. Statistics from Google Analytics combined with interviews of meeting planners are the seeds that must be planted in this initial stage of market diversification. Funding of this grant will serve as the basis for further statistical analysis that identifies the most important market segments as well as providing the Economic Development Committee sound ideas and information for creating and implementing better economic development strategies for successful future growth. 3 9. How do you intend to partner with local hotels? Although this question is targeted to the Tourism Marketing Grant request, the Chamber intends to pursuit advertising income from hotels wishing to market their conference space. 10. What programs, facilities and aspects of Delray Beach are you tryine to promote? The BusinessDelray.org website is the message and method we are using to communicate the communities' attributes. The products we are selling are: 1. the community as a whole 2. individual commercial properties 3. conference venues 4. City and CRA economic development programs We thank you again for the opportunity to presenting our Marketing Grant Request, and we encourage your support and participation in this important effort to market our community as a "hot spot" for businesses activity in South East Florida. Sincerely, ~~ ichael Malone President Greater Delray Beach Chamber of Commerce 4 City of Delray Beach Application for a Marketing Grant for BusinessDelray.org For Fiscal Year 2010/2011 APPLICANT INFORMATION: Organization: Greater Delray Beach Chamber of Commerce Address: 64-ASE Fifth Avenue, Delray Beach, Florida 33483 Name and Title of Contact Person: Grant Request: 30 000.00 ORGANIZATION INFORMATION: Michael Malone President Phone: 561-278-0424 Please indicate which of the following criteria your organization meets: X Tax exempt status under Internal Revenue Code 501(c)6. Please include a copy of your notification letter. Not a private Foundation as defined under Internal Revenue Code 509.4 X Independent audit is performed each year. If so, please include. X Annual budget is approved by the Board of Directors. Please include. X Attach copy of last tax return or audit report Please outline the intended use of funds. The funds would be used to place print and web adds of the BusinessDelray.org website in order to help rebrand Delray Beach as a viable location for economic activity. What public benefit (educational, economic, health, etc.) will result from funds received from the City? Reaching the intended audience with the message carried by the BusinessDelray.org site will help attract new businesses to Delray Beach. New businesses will: ® Create Jobs; • Strengthen Targeted Industries; • Increase the tax base; and • Promote future development How many participants are currently utilizing your organization's program? N/A Of the total, how many are residents of Delray Beach? N/A Geographic Area Served: The BusinessDelray.org website serves the Greater Delray Beach area. What is the total cost of your program? The cost of the BusinessDelray.org site and its marketing efforts for 2010 and 2011 is $50,000.00 Please list those special event fund raising opportunities held in the City of Delray Beach in which your agency participated or provided volunteers and the number of volunteers provided at each: Special Event Delray Affair Golf Tournament Mayor's Prayer Breakfast Annual Gala Number of Volunteers Provided 52 25 10 12 Please list the other sources and amount of revenue being requested this fiscal year. See Annual Budget Has your organization received funding from the City of Delray Beach in the past? If so, please indicate the amount and year Yes. The Chamber has received the following economic development contributions in the previous years: 2007 $25,000 2008 $25,000 Please provide a Needs Statement (Why do you need the money?) explaining the reasons for your project and your request for funding. As per the International Economic Development Institute (IEDC), one of the common problems communities experience with their economic development programs is their underutilization. Executing effective marketing strategies can improve awareness and utilization of economic development programs and tools, and improve performance of the economic development effort. Recognizing the above, over the past 18 months the Chamber, through its committees, embarked on an ambitious program of initiatives we believe will have a substantial positive impact on marketing Delray Beach. One of these initiatives was the creation of the BusinessDelray.org websites. Businessdelrav.or~ was developed out of the need to showcase Delray Beach as the perfect city to relocate, start up, or expand your business. The website, completed in the second quarter of 2010, promotes Delray Beach to corporate site planners, corporate executives, business owners & entrepreneurs. It highlights Delray's geographic location, lifestyle, business districts, business incentives, city resources, city services and a whole array of information crucial to attracting and developing corporate relocation and expansion. In addition to promoting the community as a whole, the website also promotes available commercial properties within the City limits, conference venues, and the City's and the CRA's economic development programs. Now that the website is complete, we need to get the message out. Provide an Outcome Statement (What will be accomplished with the money?) explaining the impact as a result of obtaining funding from the City. This statement should be a paragraph in length and provide specific and measurable information. The marketing grant will allow the Chamber to purchase print and web advertising from publications to reach Site Selection Consultants and Executive/professionals/managers in the following targeted industries: • Aerospace/Aviation/Engineering ® Business/Financial Services • Communications/Information Technology ® Life Sciences ® Tourism/Recreation/Entertainment The selected publications expected to print advertising are Enterprise Florida Magazine (FTM) and Site Selection Magazine (SSM). FTM is the primary tool for both site selection professionals & corporate executives alike when considering Florida as a destination for relocating or setting up a new company in Florida. With over a monthly circulation of over 150,000 and 80,000 unique visitors to their website monthly, FTM is a crucial marketing tool for economic development in Delray Beach. SSM is the largest and most recognized national publication for corporate real estate strategy and area economic development. SSM is distributed to 44,000 site plan executives nationally every 6 months. Their online site, www.siteselection.com reaches over 100,000 more. SSM is the primary source of information to the site planning executive. Goal: Advertising campaign and editorial content will drive traffic to the businessdelray.org site where follow up of requested information /leads will be done by the EDC partners. Measuring: A quarterly report will be generated via Google analytics and given to the Greater Delray Beach Chamber of Commerce Board and the Delray Beach City Commission quantifying the monthly website activity along with analytics showing from which sources the visitors were generated through. Demonstrate how you will evaluate your results. These measures need to be directly related to the need and expected outcome. See response to question # 3 in the cover letter. As a condition of being funded, the recipient organization shall submit two Status Reports to the City Manager. These reports should be submitted as designated in the award letter. These reports need to address how the use of City funding has impacted the expected outcome as provided in the Outcome Statement. These reports need to include measurable evaluation information and should not exceed one page in length. Failure to submit these Status Reports may jeopardize approval of future requests for funding. The undersigned is submitting this application on behalf of the Organization. / ' ~~// ignature D to Michael Malone Name (print) President Title MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 7, 2011 SUBJECT: AGENDA ITEM WS.2 -WORKSHOP MEETING OF JANUARY 11, 2011 CHAMBER OF COMMERCE RELOCATION ITEM BEFORE COMMISSION The item before the Commission is consideration of a request from the Chamber of Commerce to accelerate the relocation of their offices to the NE 1st Street space in the Old School Square Parking Garage. BACKGROUND The Chamber of Commerce has requested that the relocation of their offices to the Old School Square Parking Garage be accelerated. The attached letter from the CRA provides information on the original time line and costs for the move, and the potential impacts of accelerating the relocation. While I basically agree with the CRA Director's analysis of the risks involved in proceeding now with the relocation, I believe many of those risk are present even if the Chamber is not moved now and the current contract never closes. If the current contract falls through and a new RFP is issued for the property, entities responding to the RFP may not choose to include the Chamber property in their project, or they may be unwilling or unable to pay the same costs as are included in the current contract. I also agree with Ms. Colonna that moving the Chamber now would strengthen Pineapple Grove, upgrade the Chamber's office space (and thereby strengthen their capacity for all their activities, including economic development), and would shorten the development time line for the Old Library LLC project. In addition, construction costs for the build out are undoubtedly lower now than they will be in the future, and could be less than the current estimate. Doing this project now will provided some much need work for persons involved in construction. RECOMMENDATION I believe the benefits of proceeding with the relocation now warrant doing so, however I suggest that the Chamber participate by absorbing the $15,000 in moving expenses and furniture costs which, under the current contract, the developer is required to pay. The Commission is requested to discuss the time line for the Chamber relocation and provide direction as to whether accelerating the relocation should be pursued further by asking the CRA to fund the build out of the space in the Old School Square Garage. COMMUNITY REDEVELOPMENT AQENCY December 10, 2010 David T. Harden City Manager 100 NW 15t Avenue Delray Beach, Florida 33444 RE: Chamber of Commerce request to accelerate office relocation Dear David, The following information is provided in response to the request by Chamber of Commerce Chairman Brian Cheslack to accelerate the Chamber's move into the NE 15f Street space in the Old School Square garage. Pursuant to the 2008 "Purchase and Sale Agreement" between the CRA and Oid Library Development LLC, the Chamber is to be relocated to this space following the closing on the former library/Chamber site. At this paint the closing is not anticipated to occur until sometime in 2012, depending upon the time involved in processing the development applications and securing financing. As you know, there are significant costs associated with moving the Chamber's offices. Under the 2008 "Chamber of Commerce Relocation and Public Parking Space Agreement" executed by the City, the CRA, and Old Library Development LLC most of those costs are to be borne by the developer, as summarized below: • Developer to pay City's cost of rough shell construction for the 6,309 sq. ft. space at closing ($90/sq. ft.) $ 567,810.00 • Developer to pay cost to design and build out the space for the Chamber (estimated at $75/sq. ft.) $ 473,175.00 Developer to pay Chamber's moving expenses (up to) $ 7,500.00 • Developer to pay additional expenses to Chamber (i.e. furnishings) $ 7,500.00 • Developer to pay City in-lieu fee for parking spaces associated with Chamber's use (20 spaces at $15,600/space) $ 312,000.00 • CRA to pay City the difference between the fair market value of the space (original appraised value of $215/sq. ft. _ $ 1,356,435) and the rough shell cost being paid by the developer ($ 567,810) plus the build-out cost ($ 473,175) $ 315,450.00 The total cost obligations add up to $ 1,683,435.00, with $ 1,367,985.00 to be paid by the developer and $315,450.00 to be paid by the CRA. Per the Agreement all of these costs are to be paid at or subsequent to the closing on the redevelopment site. Presumably if the relocation were to be expedited the CRA would advance the design/build-out costs of $473,175.00. The Chamber Relocation and Public Parking Space Agreement would have to be amended to state that Old Library LLC will reimburse those costs to the CRA at closing. The risk Involved in this scenario is that if the deal falls through and the closing does not occur, those costs will not be recovered. Also, if the closing does not occur and the Chamber has 20 North Swin)on Avenue - Delray Beach, Florida 33444 - Phone: 561/276-8640 - Fax: 561/276-8558 - www.delraycra.org already been relocated, a future developer would not be obligated to pay the City the other associated costs (rough shell construction and in-lieu fees, together totaling $879,810). If the current deal falls through and the Chamber is still on the premises the new RFP would specify that their relocation is the responsibility of the developer. The positive aspects of accelerating the relocation are that the Chamber would occupy significantly upgraded office space and the Pineapple Grove area would benefit from the increased activity generated by their use. Additionally, assuming that Old Library LLC moves forward with the project, their development time line would be shortened by not having to deal with the relocation before they could begin construction on their project. These benefits should be weighed against the financial impacts that would occur if Old Library LLC does not close on the deal. At this point it would be helpful to have the City Commission discuss the request and provide direction as to how they want to proceed. Let me know when the item is scheduled for their consideration. Si erely, Diane Colonna~ Executive Director c: Brian Chesiack, Chamber Chair Howard Lewis, CRA Chair MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 6, 2011 SUBJECT: AGENDA ITEM WS.3 -WORKSHOP MEETING OF JANUARY 11, 2011 ANNUAL CITIZEN'S ROUNDTABLE DISCUSSION FORMAT ITEM BEFORE COMMISSION This item is before the Commission to review and provide further direction regarding the discussion format for the Annual Citizen's Roundtable meeting. BACKGROUND The Commission discussed the Annual Citizen's Roundtable format at the November workshop meeting. Based on the Commission's discussion, this year's event (scheduled for January 25, 2011) will be held from 6:30 pm to 8:30 pm in the Old School Square Gymnasium. The meeting will begin with presentations from the Planning and Zoning Board, Community Redevelopment Agency, and City Manager followed by the small group discussion. Tracy Miller, from the Alliance for Innovation, facilitated last year's small group discussion and is available to assist us again this year. She will be attending the January 11, 2011 workshop meeting to discuss the framework for the Roundtable meeting. Some important issues to consider include: -What are the Commission's goals for the small group discussion? -What are key issues facing the City in 2011 that the Commission would like to include in the small group discussion? In addition, staff plans to present a computer-based polling system that could be a useful tool in obtaining resident's feedback at the Roundtable meeting. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 4, 2011 SUBJECT: AGENDA ITEM WS.4 -WORKSHOP MEETING OF JANUARY 11, 2011 DISCUSSION OF FINANCIAL REVIEW BOARD MODIFICATIONS ITEM BEFORE COMMISSION This item is before Commission for discussion regarding a draft resolution modifying the Financial Review Board. BACKGROUND The attached draft resolution modifying the Financial Review Board is before the Commission for discussion. It includes the following changes to address conflict of interest concerns the Commission has discussed previously as well as concerns with the nature and scope of some of the studies undertaken by the Board last year. • The duties of the Financial Review Board shall be carried out under the direction of the City Manager (or designee) and/or the City Commission. The Board will undertake reviews or take action in furtherance of such reviews as approved or directed by the City Manager or City Commission. • No City employee shall be eligible to serve on the Financial Review Board. • No officer or director of any organization which is receiving, has received or has requested financial assistance or in-kind assistance from the City within the past 3 years, shall be eligible to serve on the Financial Review Board. RECOMMENDATION Subject to changes the Commission may wish to make, we recommend that the attached Resolution be placed on the Commission agenda next week for adoption. RESOLUTION NO. -11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING RESOLUTIONS 55-09 AND 58-09, WHICH ESTAPLISHED AND CLARIFIED THE RESPONSIPILITIES OF THE FINANCIAL REVIEW POARD AND ITS MEMBER REQUIREMENTS, TO CLARIFY THAT THE POARD'S DUTIES SHALL FALL UNDER THE DIRECTION OF THE CITY MANAGER OR CITY COMMISSION AND TO RESTRICT THE MEMBERSHIP OF THE POARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Peach, Florida, desires to amend Resolutions 55-09 and 58-09 to provide that the responsibilities and duties of the Poard shall fall under the direction of the City Manager, or his/her designee, and/or the City Commissiony and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit employees of the City from serving on the Financial Review Board to reduce the possibility of a conflict with the employee's employment; and WHEREAS, The City Commission of the City of Delray Beach, Florida desires to prohibit officers or directors of organizations receiving financial or in-kind support from the City from serving on the Financial Review Board to reduce the possibility of a conflict of interest; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit City Employees and officers and directors of organizations receiving financial or in-kind support from the City from serving on the Financial Review Board in order to reduce the possibility of recurring conflicts of interest in accordance with Subsection 112.313(7)(a), Florida Statutes NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the responsibilities and duties of the Financial Review Poarc>, as set forth in Resolutions 55-09 and 58-09, shall be carried out under the direction of the City Manager, or his/her designee, and/or the City Commission. The Poard shall undertake the reviews or take action in furtherance of such reviews as approved or directed by the City Manager or his/her designee, or the City Commission Section 2. No City employee shall be eligble to serve on the Financial Review Poard Section 3. No officer or director of any organization which is receiving, has received or has requested financial assistance from the City within the past 3 years, or which is receiving or has received or requested in kind assistance from the City, within the past 3 years, shall be eligble to serve on the Financial Review Poard PASSED AND ADOPTED in regular session on the day of , 2010. MAYOR Attest: City Clerk RES. NO. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 6, 2011 SUBJECT: AGENDA ITEM WS.S -WORKSHOP MEETING OF JANUARY 11, 2011 DISCUSSION REGARDING A PROPOSED ORDINACE LIMITING THE USE OF SEGWAYS ITEM BEFORE COMMISSION Staff is seeking direction regarding a proposed ordinance limiting the use of segways. BACKGROUND Members of the public and the Commission have experienced or commented on some observed problems with segways operating in the City. The attached draft proposed ordinance is modeled after the Sanibel ordinance where segways are banned from all public areas of the City, however tour operators are allowed if they have obtained conditional use approval. The proposed ordinance would ban segways along A-1-A, where it is adjacent to the municipal beach, Atlantic Avenue from the beach to Swinton, and along Pineapple Grove Way from Atlantic Avenue to N.E. 3rd Street. Tours would be allowed, except along Atlantic Avenue and A- 1-A, as described above, and provided certain requirements are met. The ordinance also provides for a permitting process to allow people with disabilities to obtain a permit and once the permit is obtained they would be able to ride the segway anywhere in the City. ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH., FLORIDA, AMENDING CHAPTER 132,. "C?FFENSES AGAINST PUBLIC PEACE AND SAFETY''', OF THE CODE. OF ORDINANCES BY ENACTING SECTIC>N 132.10, "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, {EPAMDs}", TO REGULATE THE USE OF SUCH DEVICES ON CITY STREETS AND SIDEWALKS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE.. DATE. WHEREAS, the City of Delray Beach finnds that it is necessary that Electric Pexsanal Assistive Mobility Devices (EPAMDs) be prohibited in all public and quasi-public areas within the City of Delray Beach in the. interest of safety, except as specifically authorized by the. terms of this article; and WHEREAS, the City of Delray Beach finds that there is a lunited "track record" with regard to matters of safety of EPAMDs nationally and no "track record" at all within the City of Delray Beach for use by individual operators on the City's shared use paths, sidewalks, roads, alleys and streets; and WHEREAS, except for the limited use of EPAMDS authorized for tour operations pursuant to Section 132.10(B} and for use by persons who are disabled for mobility purposes as defined and set forth in Section 132.10(C) of this chapter, the City Commission speafically fizads that the use of EPAMDs ate- unsafe on the City's sidewalks, shared use paths, streets, alleys and roads, in part due to the. heavy use of such public areas by pedestrians, bicyclists, inline skaters, pet owners who are walking dogs, and similar public use of such areas; WHEREAS., except for the limited use of EPAMDs authorized for tour operations pursuant to Section 132.10(B) and fox use lay persons who are disabled fox mobility purposes as defined and set faith in .Section 132.10(C} of this chapter, the potential speed of EPAMDs, together with their virtuallp silent use and operation, coupled with the unique operational functions to inexperienced users, make EPAMDs incompatible, from. a safety perspective, with motor vehicles on the Cup's streets and roads and incompatible with the congestion and types of users and uses found cin the City's shared-use paths, bicycle path and sidewalks; and WHEREAS, the City Commission has not only the fight, but the obligation, to anallrze potential safety problems in a conservative manner to protect the health, .safety and welfare of the citizens of the City of Delray Beach;'and WHEREAS, the City Commission determines that. the luxuteci use of Segways, under the operational and safety considerations outlined in this ordinance, is a reasonable accommodation to interested parties and the general public- in order to further analyze the use and operation of EPAMDs without. opting, for either an absolute prohibition or the unlimited use of such devices, and WHEREAS, the City Commission specifically finds and determines that the City Commission is not required by the Americans With Disabilities Act (ADA) ar any other federal,, state or local law, regulation or rule to permit ox provide for the use of an EPAMD by anp physically or mobility challenged person. The City Commission of the City of Delray Beach is providing a limited and defined exception to the. general prohibition on the use of EPAMDs within the City of Delray Beach at the City Commission's sole and voluntary discretion and the. City Coxzixnission reserves the right to withdraw or delete such exception at any time in the City Commission's sole discretion based upon the interest of safety as determined by the City .Commission at any tune ia. the future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY QF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances of the City of Delray Beach is amended by enacting Section 132.10, "Electric Personal Assistive Mobility Devices, (EPAMDs)", to read as follows: Sec. 132.10. ELECTRIC PERSONAL ASSISTiVE MOBILITY DEVICES, (EPAMDs). (A) Prohibition of EPAMDs. (1) The use of EPAMDs are hereby prohibited, based upon the interest of safety, on sidewalks, streets/roads and bike lanes on Atlantic Avenue from A-1-A to Swinton Avenue, Pineapple Grove Way from Atlantic Avenue to N.E. 3`~ Street and on A-1 A from the north end of the municipal beach tv Casuarina Road, except as speufically authorized by the provisions of this article. (2} The prohibitions. set forth in subsection (1} shall not be applicable to City personnel in the course of conducting official City business. (B) Limited use of EI'AMDs authorized far tour operations with a cites conditional use a - royal. An EPAMD may be used and operated on a marked bicycle path, shared use path and/or sidewalk, and at an intersection to cross a road or street even if the road or street has a posted speed limit o. f more than 25 miles per hour, provided such El'AMD is operated by tike owner or employees of a tour busiurxess, or the customers ar us.ers of such tour business, where such tour has received. a 2 ORD. NQ. conditional. use approval by the City of I]eltay Beach, or that receives such approval in the. future,. and operates under mini3num conditions and requirements as set forth 'in LDR section. Such minimum conditions and requixexnents shall be as follows: (1} The tour business shall provide an approved site for education and instruction an the operation. and use of EPAl1MDs by its employees and customers. For purposes of this article, customers shall include all tour patrons and users, whether br not consideration is paid fox such use. {2} The maximum number of EPAMD users that can be included in any single tour is ten, plus tour leaders. (3} No rider shall be .allowed on any tour under 14 years of age and/or 10U pounds iu weight, and/or as limited by the applicant's insurance company requirements, and/ox pursuant to the Segway xnanufacturex's specifications. (4} There shall be a minimum of one tour leader fox every five users of EPAMDS, and taro tour leaders fox xnoxe than five users. (sj Qnly leaders/operators experienced in the use and operation of EPAMDs shall give tours. Tour leaders ox operators shall wear safety reflector vests. (G} When two leaders/operators axe present on the same tout, they must be able to communicate with each other through the use of private communication devices (two-way radios, cellular phones or similar devices} and have available the use of rearview mirrors. ('7) No EPAMD shall be used or operated isi excess. of a max;muin speed of eight miles per hour. ($) No tour shall use the public streets ox roads of the City, except at intersections fox crQSSing. (9} All users or customers must be shown a safety video and provided with "hands on" EPAMD training by atx experienced operator in a controlled area prior to such user physically operating an EPAMD in any public area of the City. (10) No tour will be conducted or operate. after dusk. {11) Tours shall not enter any private property without prior permission from the owner. (12) Every EPAMD shall be equipped with a sounding device and all customers or users shall be trained in the use of such sounding device. {13j An EPAMD user shall yield the right-of way to pedestrians and shall give an audible signal with a sounding device before overtaking and passing a pedestrian. 2 ORD. NO. (14) All users or customers shall wear helmets during training and at all other times during the tour or at any time while on or operating an EPAMD. (15) Users ox customers shall not be pemnitted to operate an EPAMD while under the apparent influence. of alcohol or drugs, including prescription drugs that impair the user's ability to operate machinery, or in the event that the tour operator ar employees have actual ]oaowledge of the fact that such user or customer is under the influence of alcohol or drugs, including prescription drugs that impair the user's ability to operate machinery. (1 G) In addition to any police report that may lie required, any accident that occurs during the training and/or tour inYOlYing any personal injury t0 a user or customer of the tour or any other person, and/or property damage to the EPAMD,. the user or customer, or any other person or entity, must be reported to the pity Manager,, in writing,. within two business days after such event. (17) All of the above requirements and conditions shall be explained and specifically described by the tour operator ox employees to each user or customer prior to the use of an EPAMD by such user Or CUStomer. (1 $) No tour shall be permitted on Atlantic Avenue from A-1-A to Swinton Avenue, nor along A- 1-A from the north end of the municipal beach to Casuarina Road, which includes all sidewalks, streets/.roads and bike paths. (C} Limited use of EPAMDs authorized for persons disabled for mobility purposes. (1} An EPAMD may be used and operated on a marked bicycle path, shared use path and/or sidewalk, and at an intersection to cross a road or street even if the road or street has a posted speed limit of more than 25 .miles per .hour, provided such EPAMD is operated by a person disabled for mobility purposes in accordance with all prerequisites and requirements established in this article. (2) Persons who are disabled for mobility purposes; issuante of permit to persons disabled .for mobility purposes, (a) The City of Delray Beach Police Department or its designee shall, upon completion of the City application form and receipt of the application fee, issue a permit for use of an electric personal assistive mobility device (also known commercially as a "Segway") by a person who is disabled fox mobility purposes as defined in this section fox a period of up to two. years in the case of long-term mobility impairment, or a temporary permit not to exceed. six xnanths to any person in the case of a temporary mobility impairment. (b} Fox purposes of this article, a "person disabled for mobility purposes" shall mean a person rxrha can be certified, and is currently certified, as set forth below, as hav:'tng any 2 ORD. NO. of the following disabilities that render him or her unable to vralk 200 feet without stopping to rest as a result of one or more of the following: (i} Inability to walk without the use of or assistance. from a brace, cane, crutch, prosthetic device, or other assistrve c3.etrice, az without the assistance of another person. {ii) The need to pesatxanently use a wheelchair. {iii} Restriction by lung disease. to the extent that the perrson's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the person's arterial oxygen is less than (i0 mm/hg on roam air at rest. (iv} Restriction by cardiac condition to the extent that the person's fuxtctianal limitations are classified iua severity as class III or class IV according. to standards set by the American Heart Association. (v) Severe lirxritation in the person's ability to walk due to an arthritic, neurological or orthopedic condition. (c} A certification for a person disabled for mobility purppses must be provided as .part of the. permit application from a physician licensed under Chapter 458, Chapter 459, or Chapter 460, by a podiatric physician licensed under Chapter 4G1, by an optometrist licensed under Chapter 4G3, by an advance registered nurse practitionez licensed under Chapter 464 under the. protocol of a licensed physician as stated in this subsectiion, by a physician assistant licensed antler Chapter 458 or Chapter 459, or by a similarly licensed physician from another state if the application is accompanied by documentation of the physician's licensure in the other state and a form signed by the. out of-state physician. verifying his or her knowledge of the eligibility guidelines set forth in this section. {d) The certification must include, but need not be limited to: {i) The disability o.f the applicant; the certif3riug practitioner's Warne and address; the practitioner's certification number; the. eligibility criteria for the permit; the penalty fort falsification by either the certifying practitioner or the applicant; and the duration of the condition that entitles the person to the pexxaait. {ii} The signatures of the applicant's physician or other certifying- practitioner, the applicant or the applicant's parent or guardian, and the employee of City of Delray Beach who processes the application. 2 ORD. NO. (iii) An issued permit shall be prominently displayed. on the front of any EPAMD used by a permittee within the City of Delray Beach. (iv} Any permit issued is notrtxansfeiable and authorizes only the Warned permittee to use an EPAMD in accordance with the provisions of this article. {v} An EPAMD shall not be used or operated at a speed in excess. of eight miles per hour at any location authorized by this article. {vij A person disabled .for mobility purposes who is operating an EPAMD which pxominezttly displays the required permit may operate an EPAMD on a marked birycle path, shared use path and/or sidewalk and at an intersection to crass a road. or street even if the. toad or street has a posted speed limit of more than 25 miles per hour, and in City-awned parking lots. Ain EPAMD permit shall not authorize the use or operation of an EPAMD on any beach, within any City park or on any other City property except as specifically authorized in this section. An EPAMD permit does not authorize the use of an EPAMD on any private property (or quasi-public property such as a shopping center parking lot) provided; however, a permittee may operate an EPAMD in such private or quasi-public areas with any legally required consent or perYnission of the private or quasi-public property owner. (vii} Any person who knowingly makes a false or misleading statement or provides false- or misleading information in any part of the- application process for an EPAMD permit or ia, the use ar display of an issued EPAMD permit camtxzits a violation of this article and of'the Delray Beach Cade of Ordinances. {D) Violations. (1} A violation of the provisions of this section shall be punishable in accordance with the penalty provisions of the.Delray Beach Cade. of Ordinances. {2} A violation by any tour owner or operator, any employee, agent or subcontractor of such tour own.ex or operator, any user or customer associated with such tour operation, or any other person, of the provisions of this section shall be punishable in accordance with the penalty provisions of the Delray Beach Code Ordinances. (3) It shall be a violation of the provisions of this section. (a) For any person to knowingly make a false oz misleading statement or provide false or misleading information in any part of an application process for an EPANID permit; anal/or 2 ORi]. NO. (b) For any person other than the pertnittee to use or display an EPAMD permit ox to represent that any such person using an EPAMD possesses a City of Delray Beach issued permit when such statement is not true; and/or (c) For a permittee to use an EPAMD without display of an EPAMD permit as required by this section; and/ar (d} Fox any permittee to transfer o= knowingly allow the use of an EPAMD permit by another person; d/ax (e) For an EPAMD persnittee to use an EPAMD or an EPAMD permit in any-way or in any Iocation except as .specifically authorized by the provisions of this section; and/ax (fl For any certifying person or entity to certify an individual as a person disabled fox mobility purposes who does not meet the criteria set forth in this. article. Section 2. That .should .any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared. by a court of competent jurisdiction- to be invalid, such decision shall not affect the validity of the remainder hereof as awhole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the carne are hereby repealed. Section 4. That. this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 6, 2011 SUBJECT: AGENDA ITEM WS.6 -WORKSHOP MEETING OF JANUARY 11, 2011 STATE LEGISLATIVE PRIORITIES FOR 2011 ITEM BEFORE COMMISSION This item is before Commission to review an updated list of State Legislative Priorities for 2011. BACKGROUND At the November 2010 workshop meeting, staff provided a copy of the 2010 State Legislative Priorities information for review by the Commission. Since the November meeting, the Florida League of Cities and other organizations have published their 2011 state legislative priorities. The Florida League of Cities document is attached for reference. Staff has developed an updated list of "Key Issues" for the 2011 State Legislative session (partially based on information from various organizations including the Florida League of Cities). Staff requests direction regarding any issues that the Commission may want to include in or delete from the City's 2011 State Legislative Priorities documents. RECOMMENDATION Staff requests Commission direction regarding the City's 2011 State Legislative Priorities. CITY OF DELRAY BEACH ~- ~~ ~,,, _. d ~r 2011 KEY STATE LEGISLATIVE ISSUES TAX REFORM, FINANCE & OTHER BUDGET RELATED ISSUES Develop Fair and Equitable Tax Structure: The City of Delray Beach SUPPORTS legislation that provides a fair and equitable tax structure and allows municipalities the flexibility to provide the level of services desired by their citizens. Legislation should be developed that SUPPORTS simplifying and stabilizing Florida's state and local tax revenue structure in a manner that provides fairness for both citizens and businesses of our state, while addressing the realities that the current statewide constitutional taxing structure imposes on all levels of government. Arbitrary caps on property assessments, municipal expenditures or municipal revenues should be OPPOSED. Revenue & Expenditure Caps: The City of Delray Beach OPPOSES artificial or ~~one size fits all" caps on revenues and expenditures through legislation and/or Constitutional restrictions on the City's authority to determine local tax burden and/or financial commitments to services or quality of life. Unfunded Mandates to Local Governments: The City of Delray Beach SUPPORTS legislation that strengthens the prohibition on existing and new unfunded mandates, requires enhanced staff analyses and quantification of the costs to cities and ensures full funding sources be assigned whenever unfunded mandates are identified. The legislature should SUPPORT revisions to the current unfunded mandates provision of the Florida Constitution that would eliminate unnecessary exemptions. The revision should also ensure that any proposed law which contains an unfunded mandate contain only a single subject matter and be enacted by three- fourths vote of each house of the Legislature, only after a duly noticed public hearing at which a current fiscal analysis is available. Municipal Pension Plans: The City of Delray Beach OPPOSES legislation that diminishes municipal control over municipal employee pension plan management and funding or that increases municipal funding liabilities. The City will SUPPORT legislation that would: • Allow the purchase of past service credit at the 3% rate, rather than the current law's 2% rate, for cities that join the Florida Retirement System; • Restrain the Florida Division of Retirement's non-rule-based administrative activities and restrict the division's broad interpretations of the provisions in Chapters 112, 175 and 185, Florida Statutes, that result in increased costs to pension plan sponsors; • Allow deviation from state requirements if agreed to by the employees or their union; • Require that determinations of average final compensation in defined- benefit pension plans include salary only, and do not include pay for overtime, unused leave time or any other additional payments; and • Allow recipients (cities and special districts) of insurance premium tax revenues under Chapters 175 or 185, Florida Statutes, to use these funds to pay for the costs of current plans and to lower required plan contributions from the plan sponsor. PUBLIC SAFETY ISSUES Fireworks Regulation: The City of Delray Beach SUPPORTS legislation that strengthens state and local regulations on the sale of fireworks and their illegal use. The City of Delray Beach OPPOSES legislation that limits local regulation, or enforcement, of illegal fireworks. Pain Management Clinics: The City of Delray Beach SUPPORTS implementation of a mandatory Prescription Drug Monitoring Program with full funding provided by the State. The City also SUPPORTS legislation that increases the ability of law enforcement to address prescription drug abuse and that limits ownership relationships between pain clinics and pharmacies. Texting While Driving: The City of Delray Beach SUPPORTS the modification of traffic statutes to include texting while driving as an element of careless driving. Page 2 TRANSPORTATION ISSUES Transportation Funding: The City of Delray Beach SUPPORTS legislation that provides proportionate, dedicated and recurring revenue sources for multi-modal municipal and regional transportation projects to ensure that local conditions and needs are addressed. The City will SUPPORT legislation that: • Authorizes the Florida Department of Transportation to increase funding to support local and regional transportation and transit alternatives, including ~~complete street" programs; and • Prohibits the transfer of State Transportation Trust Funds for non- transportation purposes. PLANNING RELATED ISSUES Growth Management: The City of Delray Beach SUPPORTS legislation that: • Defines a role for the Florida Department of Community Affairs or its equivalent to provide local governments technical assistance while limiting regulatory powers to only those issues requiring interregional coordination; and • Streamlines growth management processes, including reporting requirements, particularly for fiscally constrained or built-out municipalities. ENVIRONMENTAL ISSUES Beach Renourishment: The City of Delray Beach SUPPORTS legislation preserving funding within the Ecosystem Management and Restoration Trust Fund, to support beach restoration projects throughout the State. This funding is important to the City of Delray Beach due to the ongoing renourishment project for our 2.65 mile beach. Both State & Federal Funding for this project are critical to this important, ongoing project. Reclaimed Water: The City of Delray Beach SUPPORTS legislation clarifying that reclaimed water is an integral component of the City's water supply plan and permitted discharge strategy that should not be subject to additional regulatory actions by the water management districts. Furthermore the City of Delray Beach SUPPORTS legislation that prohibits water management districts from reducing currently permitted raw water withdrawal rates and quantities from water utility consumptive use permits if Page 3 demand reductions occur resulting from reclaimed water use, irrigation restrictions, or any other water conservation measure. The City also SUPPORTS legislation which provides that any quantities of water made available by the use and/or generation of reclaimed water should be allocated to the reclaimed water provider, and which supports the home rule powers of a municipality to create "mandatory reuse zones" within its jurisdiction. Water Management District Governance and Authority: The City of Delray Beach will support legislation that amends the powers and duties of the water management districts. Such legislation should: • Require legislative ratification of any proposed rule change proposed by a water management district that imposes a financial impact on a local government; • Clarify that water management districts lack authority over reclaimed water; • Specify that water management districts have no authority to require local government adoption or repeal of ordinances or to mandate the review or approval of any ordinance; and • Restore the authority of the Governing Boards, eliminated by SB 2080, to take final action on permit applications or petitions for variances or waivers of permitting requirements. Total Maximum Daily Loads -Florida Department of Environmental Protection Allocation Methodology: The City of Delray Beach SUPPORTS legislation that strengthens existing law to require that water quality pollution reduction standards be based on the best available valid data applicable to the specific impaired water body. This legislation should require that the Florida Department of Environmental Protection (FDEP) formally integrate the considerations required by Section 403.067(6)(b), Florida Statutes, into its process when establishing total maximum daily loads (TMDLs), and incorporate this information into the written record whenever it proposes and or adopts a TMDL. VOTING & PUBLIC INFORMATION Referendum Campaign Involvement: The City of Delray Beach will SUPPORT legislation to remove restrictions in F.S. 106.113 that prohibit a local government, or any person on the local government's behalf, from spending public money to advocate for the passage or defeat of any issue, referendum, or amendment going to a public vote. Page 4 Early Voting Sites: The City of Delray Beach SUPPORTS legislation which would permit the Supervisor of Elections with the option to designate any permanent public facility as an early voting site. Public Notices: The City of Delray Beach SUPPORTS legislation that would authorize municipalities to provide public notice and advertising by means other than newspapers (i.e. Internet posting and other suitable alternatives). APPROPRIATION ISSUES Judicial System Funding: The City of Delray Beach strongly SUPPORTS the full funding of the State Attorney, Public Defender offices and the Judiciary. Reduced court funding has a significant impact on public safety due to the inability to complete the processing of cases. The City makes arrests, but the court system is so overwhelmed due to reductions in funding that cases are ~~no filed" or ~~nolle prossed" by the State Attorney's office or lost in court due to speedy trial requirements. Thus, full funding of the court system to include the Juvenile Assessment Centers statewide is critical to public safety. The City also SUPPORTS the following revenue enhancements for the court system: • Expansion of the $65 mandatory court fee to be applied to civil cases in addition to the already allowed criminal cases. This fee would allow for additional revenue to fund the state court system. • Continuation and enhancement of the $2.00 recording fee to be distributed to counties to fund court-related technology needs. • Full funding for statewide traffic hearing officer programs. EMS Grants: The City of Delray Beach SUPPORTS continued funding of the Florida Emergency Medical Services' (EMS) matching grant programs provided by the Florida Department of Health -Bureau of Emergency Medical Services. The programs are authorized to improve and expand EMS statewide. Parks and Recreation Funding: The City of Delray Beach SUPPORTS expanded funding of the Florida Recreation Development Assistance Program (FRDAP) under the Florida Department of Environmental Protection (FDEP). This program provides important financial assistance to local governments for development and/or acquisition of land for public outdoor recreational purposes. Page 5 2011 Key Dates .7anuary 11-13 House/Senate Interim Committee Week 25-27 House/Senate Interim Committee Week February 7-10 Florida League of Cities Federal Action Strike Team (FAST) Fly-In - Washington, D.C. 8-10 House/Senate Interim Committee Week 15-17 House/Senate Interim Committee Week 22-24 House/Senate Interim Committee Week March 8 Opening Day of the 2011 Regular Legislative Session 8-9 Palm Beach County Day in Tallahassee 9-10 Florida League of Mayors Tallahassee Fly-In 13-17 National League of Cities Congressional City Conference, Washington, D.C. 22 Florida League of Cities Legislative Action Day -Tallahassee-Leon County Civic Center, Tallahassee April 27-28 Florida League of Mayors Tallahassee Fly-In May 6 Last Day of 2011 Regular Legislative Session August 11-13 Florida League of Cities Annual Conference -Orlando World Center Marriott November 17-18 Florida League of Cities Legislative Conference -Hyatt Regency Orlando International Airport Hotel Page 6 Q~~p~UE pp c'am' o ~, ac ~ o = ~ n C1 fire Florida. Florida's constitution empowers citizens with the right of local self-government, or home rule. Cities are the embodiment of this right. Cities are formed by citizens and are governed by citizens. They administer the local affairs of the community for the special benefit of the city's residents. The form of ~''' government and level of services a city - provides are fundamental expressions IIIIIII IIII ~''~~, of home rule. Home rule is why no he Florida League of Cities is the champion of home rule in two cities are alike. Florida's city residents take pride in this diversity and responsibility. Strong home rule powers ensure that government stays close to the people it serves. Intrusion on home rule from the state or federal government undermines the constitutional right of local citizens to govern themselves. The Florida League of Cities "~~"~~~ opposes unfunded mandates from any level of government. An unfunded mandate is when one government forces another level of government to take some action that spends or reduces revenue, without providing any resources to offset the impact. Unfunded mandates are the antithesis of government transparency. Mandates conceal the connection between the taxes city residents pay and the services they receive. Unfunded mandates cause local city leaders to be held accountable for decisions made by others who live far away and who are not accountable for the fiscal impact on local taxpayers. The Florida Constitution prohibits unfunded mandates from state government except under certain conditions. This provision was added to the constitution in 1990 after Floridians became fed up with being forced to pay for state programs with local tax dollars. Yet in spite of the clear preference of Florida's residents, unfunded mandates have continued with increasing frequency. 2011 Florida League of Cities Legislative Action Agenda ~~~~~~ ~~~~~~ ~~ h LEGISLATIVE PRIORITY The Florida League of Cities will support legislation ;~ clarifying that reclaimed water is a product generated by a utility treatment process. As such, reclaimed water should not be subject to regulatory actions by the water management districts, but should remain available for use as an integral element of a utility's water supply plan and permitted discharge strategy. Furthermore, ~~~~~'~~ ~' the Florida League of Cities will support ~~ legislation which provides that any I~ i; ;:. quantities of water made available by the use and/or generation of reclaimed water should be allocated to the reclaimed water provider, and which supports the home rule powers of `'~~ ,~ , a municipality to create "mandatory reuse zones" within its jurisdiction. _. „ ~y~~~~~ „~~~ ~~~~~~ , iii ,,,,,~~~~ ~ ~ ~ ,~~~ III ~~N~~ ~~~~~ 111111 IIIII'. ..IIL... ,,,,, LEGISLATIVE PRIORITY The Florida League of Cities will support legislation that incentivizes the development and implementation of a meaningful statewide renewable and alternative energy policy and that encourages the development of new technologies to help create jobs and industries in Florida. Such energy policy shall include a renewable energy minimum standard and should provide tax incentives for the use of renewable energy sources, enhance competitive procurement by public entities of all renewable energy supplies, and ensure the ability of Florida municipalities to obtain 3 and use renewable energy. The policy should also encourage mass transit, transit-oriented development policies and other transportation- related energy-efficiency practices; and provide technical assistance and funding sources for local governments to assist in the development and implementation of state energy policies including public education programs, sustainable building, contaminant emission reduction strategies, and other policies as part of a comprehensive sustainable statewide energy policy. ~ uiiii u ; ,,,,,,,. ,~ , ,,,,,,,,,,,, 'ui ~~~~~I III ..II'. ~~ ~~~~~IIIII ~~~~~ ~,,,,,,, ,,,,,,,III .....°~~IIIII' ~~~~~ ~~~ ,,,,, LEGISLATIVE PRIORITY The Florida League of Cities opposes state-mandated revenue or expenditure caps. State-mandated caps usurp the home rule powers of municipal residents to self-determine the form of their government and their desired level of service. A cap would be unworkable for any level of government in Florida, unless such proposal, at a minimum: 1. Applies to either revenues or expenditures, but not both; 2. Includes a "time-out" provision in case it becomes necessary to suspend the cap proposal due to unusual economic circumstances; and 3. Reflects the true level of inflation incurred by Florida governments in providing services. Further, if the Legislature chooses to reject home rule and instead man- date caps on local governments, any such proposal should, at a minimum: 1. Exclude any resources committed to complying with a mandate imposed by another level of government; 2. Apply equally to the state and all types of local government; and 3. Exempt the following revenue sources: ^ Proprietary, special revenue and fiduciary funds; ^ State and federal funds, such as grants, which are not controllable; ^ Referendum revenues; ^ One-time revenues including but not limited to donations, sales of property, settlement of disputes, insurance proceeds, etc.; ^ Revenues not subject to the control of the receiving government; ^ Revenues committed to the repayment of debt; ^ Franchise fees, rental fees, impact fees, permit fees and other contractual revenues for which a direct service is provided in exchange; ^ Revenues from voluntary recreational fees or similar entertainment-related fees; ^ Revenues received in response to a catastrophic event; and ^ Revenues related to defensive litigation, workers' compensation claims or other risk-management activities, which are not controllable. I~~~~~';~' III VIII ~ II iiiii"'lily VIII III m ~~ 111111 III 111111 I ~~ mn, ~~~ ~' .. .ao ~ ... .. LEGISLATIVE PRIORITY The Florida League of Cities will support legislation that provides comprehensive municipal firefighter and police officer pension reform. Pension mandates directly conflict with the Legislature's desire to limit government spending. Any comprehensive pension-reform package should, at a minimum, address the following: 5 ^ Require that determinations of average final compensation in defined-benefit pension plans include salary only, and do not include pay for overtime, unused leave time or any other additional payments; ^ Allow recipients (cities and special districts) of insurance premium tax revenues under Chapters 175 or 185, Florida Statutes, to use these funds to pay for the costs of current plans and to lower required plan contributions from the plan sponsor; ^ Allow cities to convert firefighter and police officer defined- benefit pension plans operating under Chapters 175 or 185, Florida Statutes, to the Florida Retirement System (FRS) or another type of plan without losing insurance premium tax revenues; ^ Allow cities desiring to place their public safety officers into the Special Risk Class of the FRS the opportunity to purchase past credit service at an up to 3 percent annual accrual rate rather than the current up to 2 percent; ^ Allow deviation from state requirements if agreed to by the employees or their union; ^ Restrain the Florida Division of Retirement's non-rule-based administrative activities and restrict the division's broad interpretations of the provisions in Chapters 112, 175 and 185, Florida Statutes, that result in increased costs to pension plan sponsors; ^ Change the governance structure of pension boards of trustees to move away from having plan participants serve on the boards; and ^ Provide flexibility to local governments in the FRS by allowing them to either retain a standard defined-benefit plan, or at the employer's option move to a different retirement plan, such as a hybrid or modified "defined-benefit defined-contribution" plan. 0 ,,,µ,,,,, ,,,,, ,,,,, ,~~~~~ ,,,,,,,,~~~ ,,,,,,,,,,, LEGISLATIVE PRIORITY The Florida League of Cities supports legislation that: ^ Defines a role for the Florida Department of Community Affairs or its equivalent to provide local governments technical assistance while limiting regulatory powers to only those issues requiring interregional coordination; ^ Streamlines growth management processes, including reporting requirements, particularly for fiscally constrained or built-out municipalities; and ^ Acknowledges municipal home rule powers in the local application of the pending ordinance doctrine as established by the courts. r l~u ~l~°. C} ,~ %,~ .: ,.,~ a ~~ r ', ;~ r t ,, ~; ~~~~~~ r- ~~, '' ~~~ ~ ~~~~. 'iq ~, 7 Illlj o „ l/~° ~°. ~io°. LEGISLATIVE PRIORITY The Florida League of Cities will support legislation that provides proportionate, dedicated and recurring revenue sources for multi- modal municipal and regional transportation projects to ensure that local conditions and needs are addressed. The League will support legislation that: ^ Alters the current taxing authority for the 2nd local option gas tax (ELMS Nickel) to authorize cities to levy - by referendum - up to 2 cents of the existing 5-cent local option gas tax authorized by statute; ^ Authorizes the Florida Department of Transportation to increase funding to support local and regional transportation and transit 'alternatives, including "complete street" programs, and ^ Prohibits the transfer of State Transportation Trust Funds for non-transportation purposes. ~~~~~~ ~~~~~~ ~ ^^^^Ilr ~~~~~~ ~~~~~~ ~~~~ 14111u " IIIIII Ilu ~~ ~ ~~~~ 14111u ~~~~~~~~~~ ~~ III IIIIII I ~~ 111111 LEGISLATIVE PRIORITY The Florida League of Cities will support legislation that strengthens the prohibition on existing and new unfunded mandates, requires enhanced staff analyses of quantification of the costs to cities, and ensures full state funding sources be assigned whenever unfunded mandates are identified. ......IIL. ,„ °,,;;°Illl~lllllfiiii!' ,,,,,lii;'IIIIIII~~~ ~°~lii~'llllf ~~ ~"'....Iliiiiil.. °.°°~~°",,,,,µ LEGISLATIVE PRIORITY The Florida League of Cities will support legislation that strengthens Florida's economy through the creation of jobs. Such legislation should: ^ Enact an urban economic development policy for the State of Florida; ^ Attract businesses for relocation and/or expansion in Florida's urban settings by enacting measures that will promote Florida as a nationally recognized leader in favorable business tax climates; ^ Preserve and promote affordable or workforce housing and appropriate all housing trust fund monies to existing housing programs and remove the cap on distributions into the Sadowski Trust Fund; ^ Fund urban public infrastructure projects through various means, such as the leveraging of private investments through state tax credits; ^ Establish public/private partnerships to promote redevelopment and encourage infill development, preservation and reuse in Florida's cities; ^ Create a highly skilled workforce by investing in educational initiatives that reflect the needs of existing and emerging business markets; and ^ Solicit additional federal tax credits for environmentally sustainable and affordable housing and local government infrastructure. 9 ~IIIII.ii.~IIIII ~IIIII 111111 iii"' 111111 ~~~~~~ ~IIIII'""~IIIIInIIIG~lllll~~~~~~~lllll ~~~ ~IIII~'~"" ~~~~~ ~~!!~ ~iiil'I"~IIIII ~IIIIII iii LEGISLATIVE PRIORITY The Florida League of Cities will support legislation authorizing municipalities to provide effective public notice and advertising for various matters, not to include ad valorem taxation millage setting, by means other than newspapers. Effective public notice may include, but is not limited to, direct mailings, physical posting of property, Internet posting, free publications, government-access television channels and other suitable alternatives. LEGISLATIVE PRIORITY The Florida League of Cities will support legislation that removes statutory requirements for cities and other public employers to offer subsidized health, hospitalization and other insurance coverages for retirees. 1~ 2077 Key Dates January 11-13 House/Senate Interim Committee Week 25-27 House/Senate Interim Committee Week February 7-10 Florida League of Cities Federal Action Strike Team (FAST) Fly-In -Washington, D.C. 8-10 House/Senate Interim Committee Week 15-17 House/Senate Interim Committee Week 22-24 House/Senate Interim Committee Week March 8 Opening Day of the 2011 Regular Legislative Session 13-17 National League of Cities Congressional City Conference, Washington, D.C. 22 Florida League of Cities Legislative Action Day - Tallahassee-Leon County Civic Center, Tallahassee May 6 Last Day of 2011 Regular Legislative Session August 11-13 Florida League of Cities Annual Conference - Orlando World Center Marriott November 17-18 Florida League of Cities Legislative Conference - Hyatt Regency Orlando International Airport Hotel December 8-12 National League of Cities Annual Congress of Cities and Exposition, Phoenix, Az. 11 ,. 1 ~~ ~t~~r iii, ul° a ~~~a~; a~. l~u 2011 Florida League of Cities Lobbying Team Rebecca O'Hara Director Legislative Affairs and Communication Department E-mail: rohara@flcities.com All State Issues Public Affairs and Communication John Thomas Director Policy and Political Affairs Department E-mail: jthomas@flcities.com Federal Issues ~~~ Policy and Political Affairs Kraig Conn Deputy General Counsel and Legislative Counsel Legal Department E-mail: kconn@flcities.com Billboards Insurance Premium Tax Finance & Taxation Insurance Constitutional Issues Retirement/Pension Issues Elections Telecommunications Employee Relations Workers' Compensation Ethics Casey Cook Legislative Advocate Legislative Affairs and Communication Department E-mail: ccook@flcities.com Growth Management Property Rights Impact Fees Public Safety Building Code/Construction Transportation Highway Safety Rights of Way 13 Scott Dudley Associate Director, Legislative Affairs Legislative Affairs and Communication Department E-mail: sdudle flcities.com v@ Environmental Energy Hazardous Materials General Utilities/Fees Solid Waste Stormwater Water Quality/Wastewater Water Supply/Policy Kenneth Pratt Legislative Advocate Legislative Affairs and Communication Department E-maiL• kpratt@flcities.com Community Redevelopment Economic Development Emergency Management Eminent Domain Homeland Security Housing Special Districts Public Meetings and Public Records Purchasing Quasi Judicial/Public Access Ordinance/Code Enforcement Annexation Charter Counties Rose Hall Administrative Assistant Legislative Affairs and Communication Department E-mail: rhall@flcities.com General Legislative Questions 14 his brochure reflects the priorities of 410 municipalities, as prepared by the five legislative policy committees and adopted by the full membership at the Florida League of Cities 50th Annual Legislative Conference on November 19, 2010, in Orlando. 2070-2077 Officers President Mayor Joy Cooper, Hallandale Beach First Vice President Mayor Patricia Bates, Altamonte Springs Second Vice President Mayor Manny Marono, Sweetwater The Florida League of Cities, Inc., formed in 1922, represents the municipalities of Florida. Its mission is to concentrate the influence of all city, town and village officials upon other policymaking bodies for the purpose of shaping legislation and public policy, sharing the advantages of cooperative action, and exchanging ideas and experiences. For more information on the League's legislative initiatives, please contact: Florida League of Cities P.O. Box 1757 Tallahassee, FL 32302-1757 Phone: (850) 222-9684 Fax: (850) 222-3806 Visit the League's Web site at www.flcities.com.