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11-09-04 Agenda Workshop !>~L~': B~!=~ tI.ftd CITY COMMISSION AlI-AnrIcaClly CITY OF DELRAY BEACH. FLORIDA , I III! WORKSHOP MEETING - TUESDAY, NOVEMBER 9. 2004 6:00 P.M. FIRST FLOOR CONFERENCE ROOM 1993 2001 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 Randolph at 243-7127, 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. Joint meeting with the Historic Preservation Board 2. Legislative Agenda for 2005 (Kathleen Daley will be present to give her perspective) 3. Participation in Palm Beach County Days 4. In-Lieu Parking Regulations and Fees 5. 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 meetlng, 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. ..' ~ [ITY DF DELIAY IEA[H ~~e!'VED nnv .- 200~ ,CjTV MANAGe~ CITY ATTORNEY'S OFFICE ~()() N\\' hl AVE'\lT . DEL RAY BEACH. FLORIDA 33444 [rL[PIiO~E ~h I ;~43- ;()l)iJ . FACSIr-.m L 5hlí2/X-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 F lOR I D ... -..ad All-America City MEMORANDUM , III I! DATE: November 4, 2004 City Commission 1993 TO: 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Bill Amending the Florida Statutes Pertaining to Service Provider Application Procedures Florida law prescribes the licensing requirements for Drug and Alcohol Service Providers and requires compliance with local zoning ordinances. The bill amends the Florida Statutes requiring the Service Provider to provide a lease used by the service provider to the local zoning authority, as well as other documentation requested by local zoning authorities so that the local zoning authority may determine if the use is allowed in the zoning district. The bill also requires that normal eviction procedures shall be used, unless the zoning authority specifies that a hotel/motel use is allowed in the zoning district. ~ Attachment A ~~" 6Yì'11 ~~~~ ~ã\~ \N5.é2, ------- - ---- 1 A bill to be entitled 2 An act relating to service provider compliance with Local Zoning 3 Codes, Amending Chapter 397, Part II, Section 397.403(1)(f) to 4 provide that service providers must submit a copy of the lease the 5 service provider intends to use for their facility and other 6 information as requested by the local zoning authority to the local 7 zoning authority in order that the zoning authority may determine 8 compliance with local zoning ordinances, and providing that if 9 motellhotel uses are not allowed in the zoning district, service 10 providers must comply with the landlord tenant laws in order to 11 evict a tenant; providing for severability; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Chapter 397, Florida Statutes, Part II, Section 397.403(1)(f) is amended to 17 read: 18 19 397.403 License Application. - 20 21 (1) Application for a license under this chapter must apply to the department 22 on forms provided by the department and in accordance with rules adopted by the department. 23 Applications must include at a minimum: 24 (f) Proof of satisfactory fire, safety, and health inspections, and compliance 25 with local zoning ordinances. Service providers operating under a regular annual license shall 26 have 18 months from the expiration date of their regular license within which to meet local 27 zoning requirements. Applicants for a new license must demonstrate proof of compliance with 28 zoning requirements prior to the department issuing a probationary license. In order to obtain 29 proof of zoning requirements. the applicant shall submit such documentation as required by the 1 CODING: Words striekeB are deletions; words underlmed are additions. · 1 local zoning authority. including. but not limited to the lease to be used by the service provider 2 and the service provider shall verify that it will use eviction procedures proscribed bv the 3 landlord tenant laws unless the use is allowed as a motellhotel use under the local zoning 4 ordinances. 5 6 Section 2. If any provision of this Act or its application to any person or 7 circumstance is held invalid, the invalidity does not effect other provisions, or applications of 8 this Act, which can be given without the invalid provision or application, and to this end the 9 provisions of this Act are severable. 10 11 Section 3. This Act shall take effect upon becoming law. 12 13 2 CODING: Words striekeH are deletions; words underlined are additions. Legislative Agenda Page I of I Bauer, Gerri ~ \ From: John Callahan Uohn.callahan@delraylibrary.org] Sent: Monday, November 08, 2004 11 :02 AM To: CityManager@MyDelrayBeach com 200, Subject: Legislative Agenda ~ I I :/ . ~ Mr. Harden: The Secretary of State is recommending a continuation of the current level of support for the State Aid to Public Libraries program. During the current fiscal year we expect to receive approximately $85,000. The amount received has been declining over the past five years even though local support has increased. However the program is very important to the Delray Beach Public Library as well as the other public IIbranes in the County. If possible I would like to see support of the State Aid to Public Libraries program be included on the City's Legislative agenda Thank you for your consideration. John J Callahan //I Library Director Delray Beach Public Library Voice: 561-266-9488 Fax: 561-266-9757 e-mail: john.callahan@delraylibrary.org A~¿\~GY\~\ :Cf"\0r~~ ~oC .:c~ \f\JS,;L 11/8/2004 City of Delray Beach Memo To: City Commiss~ From: City Manager CC: Date: 11/5/2004 Re: Legislative Issues of 2005 The following list is a compilation of issues Identified by the Commission and City Staff as legislative issues for the upcoming session of the legislature Also included in your backup is information on issues identified by the Florida League of Cities and school districts. The Commission will have the opportunity to discuss this list with members of the delegation as you have occasion to meet them prior to the session starting in March. 1. Rewrite of the Community Redevelopment Act (Part III of Chapter 163. F.S.) Again, we expect a major effort by the Florida Association of Counties to give counties more control of CRA's and also to reduce or eliminate county funds flowing to CRA's inside cities. 2. Billboard Legislation The state should allow Cities the right to require removal of billboards as a condition of a development order, or to amortize billboards not in conformance with the City's zoning code. Cities should also be able to prohibit rebuilding of nonconforming billboards which are more than 50% destroyed by natural events. 3. Criminal Justice/Juvenile Justice a) Support legislation to allow photographic enforcement of red light running in Palm Beach County. b) Support financial assistance in acquiring and remodeling facilities for the Youth Enrichment Vocational Center. The model for our program, the Youth Automotive Training Center In Hollywood, is well proven as affective In turning at risk youth from a criminal career to being contributing members of society 4. Parks and Recreation Support continued funding for the Florida Recreation Development Assistance Program. . Page 1 \NS. ;;¿ ---- 5. Water Supply The South Central Regional Wastewater Treatment and Disposal Board facility currently reclaims only about 25% of its effluent to use for irrigation. An additional 12 MGD could be reclaimed instead of being discharged to the ocean, where it may contribute to algae on our reefs, but we need help with the cost. Using more treated sewage effluent for irrigation will reduce use of surface waters and water from the surficial acquifer for such purposes. The South Florida Water Management DistrIct formerly gave grants for this purpose, but these funds have now been diverted to pay the District's share of the Everglades Restoration Additional treatment and distribution facilities would cost $12-18 million. State assistance is requested in the amount of $3,000,000. 6. Public Records Law Commissioner Levinson has identified that fact that some citizens may be reluctant to subscribe to our list server for city information because their e-mail address would them be a public record. Attached is a draft bill the City Attomey has prepared to deal with this Issue. 7. Funding Issues The State budget is going to be very difficult again this year, and the legislature will be tempted again to balance their budget by transferring certain costs and services to the local level. One example is the imposition of filing fees for municipal ordinance violations. We need to urge our legislators to ensure that mUnicipal revenue sources are not diverted for state purposes and costs are not shifted from the state to local govemment 8. Florida Communities Trust We have applied for FCT funds to help acquire land for the proposed park adjacent to Old School Square. Our application has been rated fairly high, but we have been told of some limitations on FCT funding which are major problems to us First, we are told FCT funds cannot be used for any property acquired by eminent domain or the threat of eminent domain. This limitation, in my opinion, is virtually a license to steel from the public and IS totally impractical In an urban area Second, FCT considers the City and the CRA as the same entity, so they will not reimburse us for any property we acquire from the CRA. We may need to seek legislation to modify these limitations. . Page 2 RE~!1VED [ITY DF DELIA' IEA[H '''f,T 2 9 2004 CîTV MANAG¡¿'Ù CITY ATTORNEY'S OFFICE 2()() '\w I q AVENLT' DELRAY BEl\CH. FLORIDA 33444 rFLrPHO,E ~h] ,'=-+~-:Ol)()' F ACSI\lILE 5C1IC78-475:'i DELRAY BEACH Writer's Direct Line. 561/243-7091 F lOR I D ... -..ad All-America City MEMORANDUM , III I! DATE: October 29, 2004 City Commission 1993 TO: 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Legislation Exempting Home Electronic Mail Addresses from the Public Records Law Electronic Mail Addresses Upon Request of the Citizenry I have researched the issue of whether citizens who submit their e-mail addresses to the City in order to obtain City information bye-mail could protect the disclosure of their e-mail addresses under the public records law. The Federal Law known as the "Cam-Spam Act of 2003" prohibits the transmission of commercial electronic mail after objection. In the 2004 legislature, the State of Florida adopted the "Electronic Mail Communications Act" which seeks to protect persons from the receipt of unsolicited commercial electronic mail (SB 2574). The law prohibits the initiation or transmission of an unsolicited commercial electronic mail message from a computer located in this state or to an electronic mail address that is held by a resident of this state that is not transactional in nature. The Federal law supercedes any statute, regulation or rule that expressly regulates the use of electronic mail to send commercial messages, except to the extent the statute, regulation, or rule prohibits falsity or deception in any portion of a commercial message. Our research indicates various states have prohibited the disclosure of e-mail addresses in some situations: (1) Upon request of the citizen, if there is a threat to their safety (Oregon 192.445); for public health protection (North Carolina § 130A- 480), for purpose of contacting forest landowners (Maine § 8611); e-mail addresses provided by a person to an agency, institution, or political subdivision of the state for the purposes of future electronic communications to the person from the agency, institution, or political subdivision (Colorado § 24-72-204); requirement to discard e-mail addresses upon request. (California § 11 015.5(c). Based on the foregoing, and in order to draft the narrowest protection under the public records law as possible, our office has drafted the attached legislation modeled after the Colorado ordinance on subject. The Regulation of Commercial e-mail is governed by Federal and State law. Therefore, the legislation deals with non-commercial e-mail add resses submitted by citizens to obtain City/governmental information. s~ · 1 A bill to be entitled 2 An act relating to public records, amending Chapter 119, F.S. to 3 provide a new subsection 119.07(3)(kk); providing an exemption 4 from disclosure of public records for electronic mail addresses 5 provided to an agency for the purpose of future electronic 6 communications to the person from the agency; providing for 7 severability; providing an effective date. 8 9 Be It Enacted by the Legislature ofthe State of Florida: 10 11 Section 1. Chapter 119, Florida Statutes, Section 119.07(3) is amended by enacting a 12 new subsection 119.07(3)(kk) to read: 13 14 119.07(3)(kk). Electronic mail addresses provided by a person to an agency for the 15 purpose of future electronic communications to the person from the agency are confidential and 16 exempt from the provisions of subsection 119.07(1) and S. 24(a). Art. I of the State Constitution. 17 18 Section 2. This law is necessary to encourage citizens to be actively informed about 19 and engaged in the governmental process through adding their e-mail addresses to list serves in 20 order to receive ongoing information from the governmental agency as defined in Chapter 119. 21 The exemption from public records does not prohibit any other entity from disclosing e-mail 22 addresses not meeting the requirements set forth herein. 23 24 Section 3. If any provision of this Act or its application to any person or 25 circumstance is held invalid, the invalidity does not effect other provisions, or applications of 26 this Act, which can be given without the invalid provision or application, and to this end the 27 provisions of this Act are severable. 28 29 Section 4. This Act shall take effect upon becoming law. 1 CODING: Words stnek-en are deletIons; words underlined are additions. Harden, David 74 From: Ruby, Susan Sent: Wednesday, October 20,200412:31 PM To: 'JRL Bellsouth.net' Cc: Shutt, Brian, Harden, David Subject: RE: Subject for Legislative agenda We wlll do the research and let you know. Susan A. Ruby -----Original Message----- From: JRL Bellsouth.net [mailto:jonlev@bellsouth.net] Sent: Wednesday, October 20, 2004 12:09 PM To: Ruby, Susan; Harden, Dav2-d Cc: "Mr. John Thomas"; "Mr. James S. Tltcomb" SubJect: Subject for Legislative agenda Something we have discussed and not resolved but could be an issue for the Legislature..... exempting LlstServ (emall lists) from public records act. Can you research thls a bit further and talk to Trela? Might be good for all cities! Clearly people who sign up to be updated on emergency alerts, Corrmission meetlngs and the like don't want to be SPAM'ed by gadfly groups or other cOIT@ercial businesses simply by having them do a public records request as an easy way to obtain lots of email addresses. I don't know if Federal legislation covers this but even if It does not allowing these email addresses to become public provides a front end control. I'm also copying John Thomas at the Florida League of Cities for their thoughts and whether they have dlscussed this. Thanks for the help' Best, Jon jonlevinson@compuserve.com 561-243-2690 offlce 561-243-9242 fax 561-212-2799 cell www.BusinessCounseling.com www.JonLevinson.com 1 [IT' DF DELRA' BEA[H DELRAY BEACH r I 0 51 I 0 " tI.f&d 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 AII·America City , 'III! MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: Rex Taylor, Assistant City Manager ~ DATE: November 4, 2004 SUBJECT: Legislative Priorities for 2005 This following is back up information for the City Commission for their Workshop agenda item on Legislative Priorities for 2005. This information is in addition to any information that may be provided by Kathleen Daley. · The Florida League of Cities will hold their Legislative Conference on November 17-19 at the Hyatt Regency Orlando International Airport to develop their 2005 Legislative Priorities. · The Palm Beach County Legislative Delegation will hold a public hearing for legislative input on November 23, 2004 from 2-5 p.m. at Old School Square. · The Palm Beach County League of Cities will be developing their legislative priorities during the month of November. · A special session ofthe Florida Legislature will begin on or about December 13, 2004. It is anticipated that the following issues will be addressed: Post hurricane disaster issues including the authorization to rebuild highway billboards. Constitutional issues on Pre-K Education Amendment. U \Leglslatlve Pnontles Workshop doc Rangelffaylor * PrInted on Røcyc/9d Paper THE EFFORT ALWAYS MATTERS · Three issues that will be hot topics for the Florida League of Cities during the regular Legislative Session will be: Annexation to include elimination of enclaves and a more reasonable annexation procedure. See attached Legislative Issue Brief. Community Redevelopment Agencies to include resolution of conflict issues between cities and counties. See attached Legislative Issue Brief. Water Rights issues for Florida. A briefing paper has not been prepared by the League of Cities on this issue. In addition to the above please find attached a memorandum from Janet Meeks, Education Coordinator on the School District of Palm Beach County Legislative Priorities for 2005. Also, attached is the Tri-County Commission 2005 State Legislative Priorities. Attachments RT/dr U \LegIslative Pnontles Workshop doc Rangelffaylor Annexation History & Observations regarding Annexation provisions The geographic emphasis and restrictive nature of Florida's current annexation policy has negatively impacted Florida's municipalities by inhibiting their economic vitality, creating inefficient service delivery and subsidizing urban sprawl. The current law has actually made it more difficult for municipalities to provide municipal services in the urbanizing area in comparison to counties and special districts. Florida's tremendous population growth and inflexible annexation policies have caused disruption in historical service delivery responsibilities and results in a continuous conflict in the financing and delivery of many local public services. As such, today, Florida is described as more urban, yet less municipal. Moreover, Florida's annexation law, Chapter 171, was created in 1973. At that time, the state's population was 6.8 million and roughly 4.1 million or 60 percent of the population resided within a municipal boundary. During the thirty years that have passed the state's population has increased by 9.2 million. Sixty percent or 5.4 million of this population increase has occurred in the unincorporated areas of Florida's 67 counties. In 2003, less than half of Florida's 16 million residents live in one of Florida's 408 municipalities. The law created in 1973 does not adequately address the changes that have occurred since its adoption. The Florida League of Cities priority statement The Florida League of Cities will support legislation that strengthens the ability of municipalities to eliminate enclaves regardless of size or use, and provides reasonable procedures to expeditiously annex areas that are contiguous to their boundaries. Talking points on League's Position . Recent demographic trends have drastically reduced the financial resources of municipalities to maintain their economic viability. The diversion of infrastructure funding in these newly developed areas has reduced funding for muc h of our urban core. This impact is further aggravated by the additional cost in providing municipal services to outlying areas. . In addition to the demographic trends, the restrictive nature of Florida's annexation policy has also contributed to the struggle of municipalities to enhance their local tax base. Chapter 171 is intended to regulate urban sprawl by prohibiting municipalities from venturing out into rural areas. In contrast, despite the legislative intent, significant sprawl has occurred and counties and special districts have been given a variety of fiscal tools to provide services in areas where municipalities have been prevented from expanding. · Economic Vitality of the Urban Centers · Annexation policy must be designed to promote the sustainability of Florida's urban centers by encouraging urbanizing areas to become part of existing municipalities. Alternative processes are needed to provide a reasonable and flexible process for municipalities to provide municipal services in these newly developed and urbanizing areas. · The result will lead to a stronger economic base to support municipal services, as well as avoiding a shift in economic activity to areas outside municipal borders. In addition, such a process will provide more consistency of community standards. Efficient Service Delivery · Florida's annexation policy should focus less on geographic factors and more emphasis should be attributed to service delivery efficiencies. · Annexation laws should be flexible to incorporate the cost of utilizing the capacity of existing services and infrastructure versus expanding or creating new service delivery patterns. Such policy should include the elimination of "high cost" enclaves-unincorporated areas that are costly to serve, yet reside within municipal boundaries. These enclaves add significant costs to the delivery of public safety and other services. Current annexation procedures allow small groups of individuals and business to receive subsidies for their local services. · Chapter 171 does not specifically emphasize service delivery as criteria for annexation. It focuses on procedures for approval and definitions of land configurations. · Florida's cities need to be able to expand their borders to take in some of the urbanization around them, and cities need to be more involved in the planning and development of such areas. Otherwise, residents and businesses on city borders, that use city services and benefit from the proximity to downtown shopping, entertainment and commerce and do not contribute to the city tax base, will increasingly burden them. · The urbanization of areas outside municipal boundaries leads to urban sprawl and a dilution of financial resources and duplication of local services. Status: The Local Government & Veterans' Affairs Committee approved HB 985 by Rep. Dennis Ross this past Wednesday. It would require governmental entities disputing municipal annexation to go through the conflict resolution process before filing a suit in circuit court and would provide attorney's fees to the prevailing party. Rep. Frank Attkisson offered an amendment that included parts of the Joint FACIFLC Annexation agreement. The Senate Comprehensive Planning Committee ran out of time on Friday, therefore, SB 2362 & SB 3072 will be rescheduled on Tuesday morning. Please support annexation agreement. Contact: John Wayne Smith Revised: April 19, 2004 ISSUE BRIEF Community Redevelopment Agencies (CRAs) History and Observations During the 2002 Legislative Session, changes were made to Part III of Chapter 163, F.S. relating to Community Redevelopment Agencies (CRAs). The Florida League of Cities was initially opposed to amending the CRA statute but ultimately reached a compromise with the Florida Association of Counties (F AC) on the following revisions to the law: inclusion of a grandfather provision which exempted any existing CRAs, fÌ"om changes in the lawn excluding boundary expansions; more stringent definitions of "slum area" and "blighted area"; imposition of a forty-year maximum time period for new CRAs to collect and use tax increment funds; authorizing all special districts to participate in the waiver process; preservation of existing inter-local agreements; and a time frame for charter counties to respond to requested amendments and plan modifications for CRAs located in a charter county. On February 17, 2004, the FLC and the Florida Association of Counties (F AC) presented information to the House Local Government & Veterans Affairs Committee (Committee) Community Redevelopment Agencies. The FAC recommended various changes to the existing law, including: · Granting non-charter counties additional authority over the creation of CRAs by municipalities; · Requiring that municipalities return a portion of the TIF contributions to the county in the later years of the CRA ; · Imposing limitations on county TIF contributions to CRAs created by municipalities by limiting the county contribution to the TIF to the amount contributed by the municipality. The FLC restated our opposition to any further changes in the law. The FLC pointed to the undisputed success of CRAs around the state am reminded the Committee members that existing law relating to interlocal agreements was sufficient for resolving conflicts between cities and counties relative to CRAs or any other local government dispute. The Chairman of the Committee, Representative Ken Sorensen, directed the FLC and the F AC to meet together over the ensuing 60 days and report back to the Committee by April 17, 2004 on the results of the discussions. Although the F AC and FLC have continued to meet and have been developing a list of issues the two organizations agree on, there has not been significant movement from either group away from our original positions. In a related matter, the Joint Legislative Committee on Intergovernmental Relations (LCIR) held a series of meetings to discuss urban infill and economic development issues and policies. As a result of those LCIR hearings, it was determined that the LCIR would conduct additional interim research focusing on various aspects of urban infill and redevelopment efforts in Florida. LCIR staff has outlined the issue of the continuing controversy between cities and counties regarding CRAs and suggested that revising the definitions of "slum" and "blight" contained in the CRA statute might alleviate some of the friction between cities and counties. The FLC will work with the LCIR to ensure that any revisions to the existing definitions do not inhibit or adversely impact the creation, operation or maintenance of CRAs. The Florida League of Cites priority statement The Florida League of Cities will support legislation, which preserves the home rule powers of municipalities to create and effectively use Community Redevelopment Agencies (CRAs) to redevelop and revitalize their urban areas, including the use of tax increment financing. Furthermore, the League supports local control and disposition of any disputes between local governments over CRAs and their financing. Talking Points on League's Position · Urban sprawl and the related demand for services outside of the core urban area of a municipality is an ongoing phenomenon that has resulted in a decline in our central urban areas' economic and social vitality. CRAs are a vital and extremely successful tool used by local governments to revitalize and redevelop the blighted urban areas. · The proposed revisions would take away some of the incentives municipalities to undertake redevelopment. · Issues between municipalities and other local government entities should be resolved locally through negotiations and inter-local agreements not through the legislative process. Seeking legislative solutions will erode the important notion of "HOME RULE". · CRAs utilize local dollars; address local issues, and is designed to meet local needs. Therefore, any disputes relating to these local concerns should be dealt with locally. · Claims that there is an unfair burden by the counties in the redevelopment of municipalities ignores the significant "front end" commitment by a municipality to establish a CRA. This usually includes staff and elected officials' time, offices and office equipment, government services, planning assistance, legal assistance and the development of a long-term redevelopment and budget plan for the CRA. · The long term funding commitment and planning required of a CRA gives business, residential and other interests some reassurance to invest in an area in need of revitalization. It allows the city or county to formally identify, plan for, and coordinate their revitalization goals, and measure progress made. Unless there are increases in property values, there are no dollars in the tax increment trust fund. · Initially, CRAs typically invest in streetscapes, lighting and other modest infrastructure improvements. When the tax increment builds up, bonds are issued to provide the significant revenues needed for a broad range of projects. The later years of TIF collection are key for paying off bonds or other forms of debt, and attracting and retaining businesses. · Every CRA must be audited each year, submit an annual report to the taxing entities, submit an annual special district report to the state, and report to several state agencies under the financial reporting requirements throughout state law. Status: The FLC continues to meet with the F AC in an effort to find common ground and establish a set of guidelines or principles for the creation, operation and maintaining of CRAs within the state. We remain opposed to any effort to address CRAs during the 2004 Session. Contact: Scott Dudley Revised: 4/7/04 · I MEMORANDUM .. I TO: REX TAYLOR, ASSISTANT CITY MANAGER TH RU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT LØ FROM: JANET MEEKS, EDUCATION COORDINATO~ SUBJECT: SCHOOL DISTRICT OF PALM BEACH COUNTY LEGISLATIVE PRIORITIES FOR 2005 DATE: OCTOBER 26, 2004 Please find attached the following documents: 1) School Board August 30, 2004 preliminary priorities for 2005 regular session; 2) Treasure Coast Consensus special session issues on hurricane recovery; and 3) Tri-County consensus special session issues on hurricane recovery (similar to Treasure Coast). I would like to draw your attention to Item IIl.b.iii under the Top Priority Issues which requests full funding for "the cost of student transportation......for hazardous transportation areas within two miles". This item is of particular importance as the City must address the hazardous conditions within the two mile walk zone for the new Atlantic High School students as agreed upon through the interlocal agreement. School Board Meeting: AUQust 30.2004 SCHOOL DISTRICT OF PALM BEACH COUNTY BOARD AGENDA ITEM SUMMARY CONSIDER PRELIMINARY 2005 LEGISLATIVE PROPOSALS I recommend that the School Board adopt preliminary Legislative Proposals for the regular 2005 Florida Legislative session and for presentation to the Palm Beach County Legislative Delegation, other members of the Legislature, and to statewide education organizations for support. T Proposed legislative priorities are being submitted at this time and reflect issues considered by various statewide organizations such as the Florida School Boards Association (FSBA) and South Florida School Boards Consortium (SFSBC). T The preliminary list of recommended priority issues is based on a review of the 2004 Legislative session and input from School Board members, district staff, and various local and statewide organizations. T There are five proposed "Top Priority Issues" that are listed first. These are followed by "Position Statements on Other Issues" that express a position the district would have should the issue arise during the session. These priorities and positions may be modified or augmented at any future time as desired by the School Board up to and during the 2004 Legislative Session. T Proposals adopted at this School Board meeting will be submitted formally to the Florida School Boards Association, South Florida School Boards Consortium and Florida Association of District School Superintendents for consideration. They will also be submitted to all other School Boards and appropriate state organizations for consideration of endorsement and support. Further, they will serve as the basis for initial review as part of the joint School Board-Palm Beach County Legislative Delegation meeting and the Tri-County School Board meeting scheduled on September 27th at Olympic Heights Community High School. T "Talking Points" will be provided for each priority adopted by the School Board for use by members and staff locally and statewide. Board Goals: Goals 1-8 Board Action: Approval Contacts: Gerald A. Williams and Vernon A. Pickup-Crawford FINANCIAL IMP ACT - Financial impact will be determined after completion of the 2005 Legislature. . Preliminary 2005 State Legislative Proposals and Issues School Board of Palm Beach County, Florida Top Priority Issues I. District Cost Differential - Revise Florida Price Level Index ratio to reflect higher cost of living, particularly housing, insurance and transportation costs in Palm Beach County and South Florida. Place annual DCD approval under Administrative Procedures Act. Continue to pursue both legal and legislative relief for equitable formula that recognizes higher costs in South Florida. !!.:. Peñormance Based Fundina - a. If the projected 10% performance-based funding plan as defined in HB915 (2003) is implemented, the 10% should be an incentive above and beyond existing dollars, not a penalty affecting 10% of a districts existing budget; b. Second, provide a single set of performance criteria for all of K-12 education and eliminate separate, existing, conflicting requirements related to A+ Plan, categorical funding, etc. Give districts flexibility to meet the single set of standards; c. Third, funding should affect only state dollars, not local property taxes. !!b Unfunded Mandates a. New Mandates: Eliminate the unfunded B.E.S.T. teacher career ladder; oppose any other unfunded mandates or mandates where money would be taken from other existing programs; b. Existinq Mandates: Provide full funding for existing mandates such as: i. the cost of building or modifying public schools as emergency shelters when designated by the state; ii. The cost of implementing curriculum and monitoring student progress In programs such as African and African-American studies and the Holocaust; iii. the cost of student transportation, especially to meet legislative intent for school choice and for hazardous transportation areas within two miles; iv. mandated summer camps for students not meeting FCAT requirements; and v. instances when state and federal funds do not cover mandated services for exceptional student education (ESE) pupils and local revenues must be used to make up the difference. IV. School Construction a. Provide full school construction funding (e.g., state bonding, mortgage transfer fee, etc.) for new classrooms to meet CSR requirements; 1 b. Do not count portables as permanent capacity (Override 2004 FLDOE position that negates 1997 special session and again counts portables as permanent capacity); c. Assure adequacy and equity among school districts in distribution of state capital outlay funds for new classrooms to meet class size reduction needs; d. Adjust the per student station expenditure cap for construction both to allow for rising costs (e.g., steel) and to apply the state construction index either by county or region to the cap. V. Florida Education Finance ProQram (FEFP) - Fully fund third year of Class Size Reduction (CSR) on top of new funds to meet student enrollment growth, fixed and inflationary cost increases, and flexibility to meet local needs including salary increases (specific amount to be provided at later date); identify new recurring revenue streams to fund such costs. Calculate district CSR progress based on third (October) and fourth (February) FTE to give a better comparison of actual students and to give districts adequate time to make any adjustments. Position Statements on Other Issues (if and when the issue may arise) I. Allow a pilot of one or more school districts to use verifiable alternative assessments measures as an alternative to FCA T in measuring and rating student progress by individual student, teacher, school and district. Of particular note is diagnosing, monitoring, and measuring student annual learning gains during the same school year. Such assessment shall have a concordance equivalency of FCA T scoring levels. II. Governance A. Reinstate ability by the Governor or Education Commissioner to waive any statute, except for life safety, upon request of a local school board. Such waivers may be valid for a period not to exceed three years; B. Oppose any effort to subvert or by-pass the constitutional authority of school boards or superintendents, including creation of sub-school districts without school board approval, changing selection of school board members from elected to appointed, eliminating school board member salaries as constitutional officers, or requiring term limits for school board members; C. Oppose any claims bill legislation that is not part of an agreed to settlement by the School Board. III. Funding - Florida Education Finance Program (FEFP) A. Increase the cap from $50 to $75 per FTE on the yield of the equalized .25 mill local option levy under discretionary millage; 2 B. Reinstate program cost factors or levels for 15 Exceptional Student Education and 3 mainstream programs for accurate accountability and funding of the McKay Scholarships ($97 million increase for PBSD); C. Provide a financial incentive for successful inclusion of exceptional student education pupils into regular classes which requires additional staffing; D. Adjust the adult education formula to 1996-97 levels to reflect accurate expenditures and allow funding to meet needs of an increasing enrollment population ($5.7 million increase for PBSD); E. Increase per student funding for all categorical programs, especially Supplemental Academic Instruction (SAI) program, and remove expenditure requirements that conflict with performance funding as defined in PrioritY!L above; F. Double state funding for safe schools to meet security and prevention mandates ($7 million increase for PBSD); G. If Corporate Income Tax credits for education remain in place, expand to allow deductions for donations to local education foundations that serve public schools. IV. Curriculum, Instruction and Assessment A. Assure implementation of funding and curricular intent of HB769 (2004) to establish state pathways for career education and to determine an acceptable state funding level in grades 6-12 that, in particular, includes costs of equipment and supplies; B. Require parents wishing to place their students in any state scholarship (A+, McKay, Corporate Income Tax) to notify the district by June 1st of the preceding year; C. Require accountability standards for all scholarship programs-A+ Plan, Corporate Income Tax, McKay, etc.-so that the same level of student and fiscal accountability "follows the dollar" as is currently required for public schools. (Note: schools receiving McKay scholarships would be held accountable if the student is seeking a regular high school diploma.); D. Require the Commissioner of Education in writing to notify parents of McKay Scholarship recipients that McKay Scholarship providers are not obligated to adhere to federal IDEA due process and IEP (Individual Education Plan) protection for students and parents and require the Commissioner to inform such parents of the IDEA protections and processes which they may be waiving; E. Statewide, enhance FCA T assessment to include online capability with quicker return rate on results and to include online benchmark assessments starting at the beginning of the year to measure, diagnose and remedy deficiencies during the year prior to FCA T assessment. V. Universal or Voluntary Pre-kindergarten Programs A. Using 2003 Governor's Task Force recommendations as basis, make program open equally to public and private providers with a single set of school readiness standards; 3 B. Fund a quality 180-day program with four (4) core hours of instruction over a six (6) hour day with quality instructors (e.g., certified supervising teachers and child development associates (CDA); C. Count Pre-K programs as capacity when determining school facility needs and utilization; D. Allow local flexibility with local dollars by local agencies to supplement any state-funded program without penalty; E. Provide specific guidelines of articulation among involved state agencies to assure a "team effort" in Tallahassee. VI. Facilities A. Provide contractor sales tax exemption on materials/sLÎpplies used in school construction projects as cost savings to school districts. (Graham) B. Authorize school districts to allow commercial advertising on the outside of school buses; C. Clarify current law to assure that any charter school using public school as their facility shall be required to enroll a number of students at least 90% of the facility's state-rated capacity; D. Clarify current law to assure school districts have absolute control over property and land that it owns; E. Repeal provisions of SB3000 (2004) that allows unilateral appropriation of impact fees by the local levying agency (usually county commission) without constitutional school board approval for school construction; F. Reconcile conflicts in requirements for growth management (Concurrency, Chapters 163/1013, F.S.), school choice, class size reduction (SB30A) and educational facilities (Classroom size, capacity, use of re-Iocatable classrooms, etc., Chapter 1013, F.S.) into a seamless, non-conflicting policy for districts to follow; G. Return authority to school districts to use local two-mill funds for purchase of maintenance vehicles-tow trucks, mobile repair vehicles-for support of district construction and transportation fleets; H. Return full authority to school districts for demolition or removal from campus of any facilities constructed with local dollars and institute a reasonable request policy to the state for facilities constructed with state funds that can supersede the FLDOE "Castaldi" life cycle rule; I. Allow use of local 2-mill authority to cover cost of property insurance and maintenance service vehicles such as tow trucks for school buses. VII. Human Resources A. Extend general knowledge exam requirement from one year to full term of temporary certification; B. Add "School District employees" to statutes that currently exempt state, county and municipal employee assistance program records from state public records laws; 4 · . C. Review all existing Florida student assessment and accountability requirements in light of national NCLB and IDEA requirements to eliminate "double jeopardy" for students, teachers and schools when meeting student performance and teacher qualification requirements; D. Allow districts to require employees wishing to transfer to a charter school to give notice prior to June 1st for the following year if they wish to receive personal leave. Persons transferring after June 1 st will not have an automatic right to personal leave; E. Eliminate the conflict between the statutes for personnel file and student records, Le., the mandate that employees receiving student information which is part of an investigation/discovery to which the employee has the right to respond is maintained in confidence; F. Modify Florida Retirement System (FRS) in one or more of the following ways: 1. Reduce calculation of retirement benefit from 5 to 3 "best years" average; 2. Over a reasonable period, increase retirement rate factor from 1.6% to 2% for each year of creditable service; 3. Extend re-employment of instructional personnel within one year of retirement to include school-based administrators; 4. Update the fiduciary study to consider full retirement after 25 years; 5. Eliminate the 5%/year age penalty for those retiring with fewer than 30 years under the age of 62. For further information, contact: Gerald A. Williams, Esq. Chief Officer of Administration (561) 434-8734 williamsQ@palmbeach.k12.fl.us Vernon A. Pickup-Crawford Consultant, Schoolhouse Consulting Group, Inc. (561) 644-2439 (office/cell) vacrawford@msn.com Patricia O'Connell Consultant, Capital City Consulting, LLP (850) 222-9075 poconnell@capcitvconsult.com (8/31/04) 5 · . Proposed Tri-County School Districts' Consensus Legislative Priorities for 2004 Special Session (revised) To foster a strong and healthy recovery from this devastating hurricane season, the Tri-County school districts urge the Florida Legislature to: $ Establish state policy to provide state and federal funding in the 2005 Regular Session for the extra costs incurred when building and operating schools that serve as emergency shelters; $ Provide state funding for all costs associated with hurricane recovery that are not reimbursed by federal FEMA dollars; $ Authorize waivers from relevan-t statutory requirements and deadlines that are requested by the individual districts and which require legislative action; $ Ensure that the results of the 2004-2005 FCA T administration are used for diagnostic purposes only; $ Pursue and support exemptions from sanctions relating to the federal No Child Left Behind Act, including sanctions relating to adequate yearly progress, the provision of supplemental services, and eligibility to enroll in other public schools; $ Provide funding to hold harmless the affected districts from loss of ad valorem tax revenue due to decreased property values; $ Hold districts harmless from the loss of FTE students and adequately compensate districts for FTE students increases due to hurricane related student transfers including waiver of FTE caps for weighted groups II and higher; and $ Create and fund a common communications network among all local and state emergency agencies, including school districts and all designated emergency shelters, that will withstand hurricane wind and water forces; and placement of portable radio broadcast transmitters so that residents in outlying areas can receive EOC information critical to their locales. The Tri-County districts also support the Florida School Boards Association's efforts to have the Legislature establish the high quality Universal Pre-Kindergarten program envisioned by the Universal Pre-K Advisory Council that responsibly and equitably involves all service providers, provides ample funding, and demands performance accountability. , . Treasure Coast School Districts' Consensus Legislative Priorities for 2004 Special Session (Indian River, Martin, Okeechobee, Palm Beach, St. Lucie) October 19, 2004 To foster a strong and healthy recovery from this devastating hurricane season, the Treasure Coast school districts urge the Florida Legislature to: $ Establish state policy to provide state and federal funding in the 2005 Regular Session for the extra costs incurred when building and operating schools that serve as emergency shelters; $ Provide state funding for all costs associated with hurricane recovery that are not reimbursed by federal FEMA dollars; $ Authorize waivers from relevant statutory requirements and deadlines that are requested by the individual districts and which require legislative action; $ Ensure that the results of the 2004-2005 FCA T administration are used for diagnostic purposes only; $ Pursue and support exemptions from sanctions relating to the federal No Child Left Behind Act, including sanctions relating to adequate yearly progress, the provision of supplemental services, and eligibility to enroll in other public schools; $ Provide funding to hold harmless the affected districts from loss of ad valorem tax revenue due to decreased property values; $ Hold districts harmless from the loss of FTE students and adequately compensate districts for FTE students increases due to hurricane related student transfers including waiver of FTE caps for weighted groups II and higher; and $ Create and fund a common communications network among all local and state emergency agencies, including school districts and all designated emergency shelters, that will withstand hurricane wind and water forces; and placement of portable radio broadcast transmitters so that residents in outlying areas can receive EOC information critical to their locales. The Treasure Coast districts also support the Florida School Boards Association in efforts to have the Legislature to establish the high quality Universal Pre-Kindergarten program envisioned by the Universal Pre-K Advisory Council that responsibly and equitably involves all service providers, provides ample funding, and demands performance accountability. BPt:9M'ARD .. ç COUNTY F l 0 R I D AI , Tri-County Commission 2005 State Legislative Priorities The Boards of County Commissioners for Broward and Palm Beach Counties, and the Mayor and Commissioners of Miami-Dade County, acting as the Tri-County Commission, will continue to use their collective vision to effectively serve the citizens of Broward, Miami-Dade and Palm Beach Counties. The Tri-County Commission directs staff to communicate with appropriate Members of the Florida Legislature, including the Tri-County Legislative Delegation, to convey its intent to promote regionalism, wherever common goals exist, and our mutual agreement on the following issues: IIARTICLE V COSTS II In the 1998 Genor31 Election, Florid3 voters 3pproved Revision 7, which divided the funding responsibilities for the State Court System between the St3te 3nd Florida's counties. As adopted, Revision 7 requires the St3te to fund the personnel, operations, and cert3in c3pit31 improvements for Florid3's courts, st3te 3ttorneys, public dofondors, 3nd clerks of the court by July 2004. Revision 7 also provides for counties to be responsible for funding court fucilitios, mainten~mce, e:ecurity, and 10031 court programs. Therefore, the Tri County Commission supports legislation cre3ting 3 reasonable schodule for the State's assumption of its rosponsibilities to fund the St3te Court System and changes to other nocess3ry, statutory pro'.'isions to provide for the shift in funding responsibilities. Furthermoro, the Tri County Commission opposes 3ny legislative efforts to fund those responsibilitios by further elimin3ting or reducing funds received by Florid3's counties and other progr3mm3tic 3ro3S. The Tri County Commission opposes 3ny legislation which includee: disincentives for counties to continue inno'Jative 3nd successful spoci31ty courts, such 3S drug court. The Tri-Countv Commission supports leQislation to clarifv the remainina issues reQardinQ Article V. In addition, The Tri-Countv Commission opposes any leQislative efforts to shift additional court-related costs to counties or to eliminate fundina sources currently received to support some Article V related expenses. IlcONSUMER SERVICES II The Tri-County Commission supports legislation that provides protection to consumers as it relates to predatory lending, motor vehicle shop supply charges, used auto warranties, auto title loans, passengers riding on the exterior of vehicles, and pawnbrokers, by providing control to 1 local government. The Tri CeuRty Cemmissien eppeses H8 155 :md 58 1152 'Nhich 'Nould hinder law enforcements 3bility to use records of gun owners 3nd gun sales to investigate crimes 3nd to recover stolen fire3rms. IlcUL TURAL PROGRAMS II The Tri-County Commission supports legislation to restore full funding for statewide cultural affairs and historical resources programming grants, re-activate the annual review and the legislative appropriations process for cultural and historical facilities grants, and to re-establish the Corporations Trust Fund as the dedicated cultural funding source. II ECONOMIC DEVELOPMENT II Economic development incentives have helped encour3ge the loc3tion of hundreds of new businesses and the exp3nsion 3nd retention of existing Florida businesses. Qualified Target Industry (aTI) 'NiII expire on July 1, 2004 3nd should be reinstated. aTI offers refunds on corpor3to incomo t3X, s310s t3x, 3d valorem t3x, insur3nce premium tax 3nd cert3in other taxes, based on job cre3tion to new or exp3nding businesses in targeted industries or oligible corporate headquarters. Sinco its inception, the Qualified T3rget Industry Tax Refund Progr3m h3s been one of the st3te's most widely used incentives, with o'.'er 322 3cti'le projects committed to create over 70,000 jobs in the st3te with 3n 3ver3ge 3nnu31 ':'3ge of $36,000. The Tri Ceunty Commission supperts the re3uthorization of Florida Qualified Targeted Industry Program. II ELECTION REFORM II During the 2002 Prim3ry and Gener31 Elections, 3n incroased number of citizens in the Tri Counties took 3dv3ntage of the opportunity to C3st their vote e3rly. The Tri County Cemmission supports 3dditional locations of polling pl3ces in government31 f3cilities such as city h3l1s, libraries, 3nd parks, to better accommod3te 03rly voting. The Tri-County Commission supports expedited research and recommendations from the Secretary of State with regards to the certification process for paper verification of voting records for touch screen machines. The option to print should not only verify votes, but also provide a means for counting undervotes and overvotes in the event of an election recount. Portions of the federal HAVA funding should be earmarked for the purchase of this additional technology. II EVERGLADES RESTORATION PLAN (CERP) II 2 - --~--- The Tri-County Commission recognizes that the economic and environmental sustainability of South Florida, especially its natural resources, quality of life and water supply, are critically dependent upon the health of Florida's Everglades and that the balanced implementation of the Comprehensive Everglades Restoration Plan (CERP) is the blueprint for the recovery of a healthy Everglades ecosystem and a sustainable South Florida socio-economic environment. The Tri-County Commission supports balanced CERP implementation (pursuant to state and federal law), supports the "bond as you go" legislation passed in 2002, and opposes any efforts to diminish or redirect these funds. II HEAL TH AND HUMAN SERVICES II The Tri-County Commission implores the legislature to provide basic human services to protect and assist residents most in need. Miami-Dade, Palm Beach, and Broward Counties have demonstrated this commitment by providing funding for the delivery of health, mental health, housing and human services. The Tri-County Commission advocates the following six health and human services priorities: The Tri Caunty Commission supports tho restor3tion of de'l8lopmentally dis3bled service homo 3nd community b3sed services 'Nai'Jer r3tes to the r3tes as pro'.'ided prior to November 1, 2003 by the Department of Children 3nd F3milios Services. The Tri County CommissioR supports the full funding of KidCare to elimin3te the extensive Healthy Kids w3iting lists. The Tri-County Commission supports local involvement in the formulation and implementation of policies that protect the health, mental health, safety and welfare of Florida's residents, 3nd revisions to SB 2404 reg3rding ment31 h031th m3n3ged C3ro. The Tri-County Commission supports equity funding for human services from state agencies' budgets and opposes any funding reductions in the areas of health, mental health and human services in order to meet the increasing demand. The Tri-County Commission opposes any Medicaid cost shifts from the state to the counties and supports continued funding of the Medically Needy Program, without the co-pay, to assist residents with prescription needs. The Tri-County Commission requests the Governor to petition OMB regarding equalization of Medicare benefits for Miami-Dade, Broward, and Palm Beach counties, the country's 6th largest statistical metropolitan area. II HOME RULE II The Tri-County Commission is dedicated to the fundamental concept that the government closest to the people is the appropriate authority to serve the needs and requirements of the community. The Tri-County Commission supports maintaining the integrity of home rule power, which allows counties to develop and implement solutions to local problems. As charter counties, the Tri-County Commission opposes legislative efforts that interfere with the governance or administration of local government, and opposes interference with constitutional immunity from taxation of county property. The Tri COURty Commission supports revisiting 3 ---- the "Gr3nny Flat" Constitution31 3mondmont to pl3ce a C3p on tho 3mount of tho 3d valorem exemption. The Tri-County Commission opposes the shifting of costs from the state to the local level for juvenile justice services. II HOMELAND SECURITY II Improvement of security measures has been given top priority at all levels of government. South Florida's economy, including significant industries such as tourism, and shipping and trade, are highly dependent upon safe mobility. The Tri-County Commission supports maintaining and expanding a close working relationship with federal, state, and local government agencies to improve homeland security. Recognizing that local government is usually the first responder in crisis situations, partnership support and funding from all higher levels of government is essential. Security enhancements at South Florida's seaports and airports are of the highest importance. The Tri-County Commission supports state funding for equipment and technology to implement port and airport security programs. IITRANSPORTATION PLANNING AND EQUITY II The Tri-County Commission supports state legislation and funding that promotes safe, efficient regional interconnectivity through the Regional Transportation Authority. · The Tri-County Commission opposes any legislation that could be detrimental to the interest of the maritime, aviation, and surface transportation industries. · The Tri-County Commission supports greater equity in the distribution of state appropriations for transportation improvements. · The Tri-County Commission supports greater fairness and equity in the distribution of state appropriations to counties for transportation improvements through formula-based methodologies. · The Tri-County Commission supports state legislation granting county governments maximum flexibility in planning and funding viable transportation systems and infrastructure. · The Tri-County Commission supports the counties' option of implementing a plan by enactment of an ordinance to install traffic safety photo enforcement cameras at intersections to help reduce the number of motorists who run red lights and to reduce traffic accidents. . The Tri County CÐFRFRission supports 3 logisl3tivo initbtivo to place on the b3110t tho repe31 of Section 19, Articlo X of tho Florida Constitution which requires tho de'Ælopment 3nd opor3tion of a high spood ground tr3nsportation system. · The Tri-County Commission opposes any efforts to merge the respective Metropolitan Planning Organizations, and urges the state to redesignate the existing individual MPOs. · The Tri-County Commission supports additional and enhanced regional planning and coordination among the three MPOs to ensure optimum compliance with federal law. · The Tri-County Commission supports legislative changes to the criteria for turnpike noise walls so they may apply to large pieces of individually owned property in urban 4 -~------ areas as well as schools and hospitals. IlwATER POLICY II The Tri-County Commission supports water conservation initiatives such as reuse, public outreach and improved irrigation practices as ways to conserve Florida=s valuable water resources. However, the Tri-County Commission opposes mandatory programs which may not be feasible or fiscally efficient. The Tri-County Commission supports Florida's existing water law that is based on the principles that water is a public resource and that water allocations may not be sold or transferred. The Commission believes that current law provides sufficient protection for water and natural resources while also providing for reasonable and beneficial uses of water for the public. The Legislature may consider modifications to State water law which could lead to the privatization of Florida's water resources or modify fundamental precepts of the way Florida's water resources are managed. The Tri-County Commission opposes modifications to Florida water law that would: a) change the guiding principles of the State's water laws, b) allow the sale of water allocations, c) change the intent of local sources first provisions especially as it relates to the Central and Southern Flood Control Project and CERP implementation, or d) diminish the State's capacity to reserve water for the natural system. S ------ Treasure Coast (Indian River, Martin, Okeechobee, Palm Beach, St. Lucie) Tri-County (Broward, Miami-Dade, Palm Beach) School Districts' Consensus Legislative Priorities for 2004 Special Session October 19-25, 2004 To foster a strong and healthy recovery from this devastating hurricane season, the Treasure Coast school districts urge the Florida Legislature to: $ Establish state policy to provide state and federal funding in the 2005 Regular Session for the extra costs incurred when building and operating schools that serve as emergency shelters; $ Provide state funding for all costs associated with hurricane recovery that are not reimbursed by federal FEMA dollars; $ Authorize waivers from relevant statutory requirements and deadlines that are requested by the individual districts and which require legislative action; $ Ensure that the results of the 2004-2005 FCA T administration are used for diagnostic purposes only; $ Pursue and support exemptions from sanctions relating to the federal No Child Left Behind Act, including sanctions relating to adequate yearly progress, ability of school districts to provide supplemental services, and eligibility to enroll in other public schools; $ Provide funding to hold harmless the affected districts from loss of ad valorem tax revenue due to decreased property values; $ Hold districts harmless from the loss of FTE students and adequately compensate districts for FTE students increases due to hurricane related student transfers including waiver of FTE caps for weighted groups II and higher; and $ Create and fund a common communications network among all local and state emergency agencies, including school districts and all designated emergency shelters, that will withstand hurricane wind and water forces; and placement of portable radio broadcast transmitters so that residents in outlying areas can receive EOC information critical to their locales. The Treasure Coast districts also support the Florida School Boards Association in efforts to have the Legislature to establish the high quality Universal Pre-Kindergarten program envisioned by the Universal Pre-K Advisory Council that responsibly and equitably involves all service providers, provides ample funding, and demands performance accountability. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER.r-ttz1 SUBJECT: AGENDA ITEM # \NS3- REGULAR MEETING OF NOVEMBER 9. 2004 PALM BEACH COUNTY DAYS DA1E: NOVEMBER 5, 2004 This item is before City Commission to discuss the City's participation in Palm Beach County Days. S:\C1ty Clerk\agenda memos\PBC Days. 1 1.09.04 Lf!r~ ~:~ :--.. :;-: --:- - - ~ ? "!'I I l..L-'.1 . , County Administration MESSAGE FROM THE COUNTY ADMINISTRATOR PO Box 1989 West Palm Beach, FL 33402-1989 WELCOME (561) 355-2030 FAX (561) 355-3982 I am pleased to invite you to participate as a sponsor for Palm Beach County wwwpbcgovcom Days, to be held from March 8-10, 2005 in Tallahassee, Florida. This event is organized by the Board of County Commissioners, the League of Cities and the School District and is designed to highlight aspects of Palm Beach . County while we present our legislative priorities to the Governor, the Cabinet and the Florida Legislature. Palm Beach County Sponsors are crucial to Palm Beach County Days' success, and make it Board of County possible for our state officials to become acquainted with the educational, Commissioners cultural, business, environmental and civic elements which make Palm Karen T Marcus, ChaIr Beach County unique. Your sponsorship enables Palm Beach County to Tony Masllottl, VIce ChaIrman preserve this tradition of kicking off the start of a new legislative session in Tallahassee. Jeff Koons Warren H Newell Aside from helping your community, you will benefit through media exposure Mary McCarty and networking with other prominent community leaders. Burt Aaronson As a sponsor, you will reach a number of important audiences: our state and Addle L Greene local elected officials, community and business leaders and civic organizations. Our goals for Palm Beach County Days include: · That it continue to be recognized as the premier annual event of the County Administrator Florida legislative session Robert WeIsman · Participating in the legislative process and educating our community on how state bills and appropriations are formulated and succeed · Offering a select group of quality sponsors the opportunity to participate and raise awareness about their organization · Promoting commerce and tourism in Palm Beach County Thank you for your interest in Palm Beach County Days 2005. I look forward to your involvement in this event. Sincerely, "An Equal Opportunity Affirmo.tlve Action Employer" obert Weisman County Administrator @ printed on recycled paper Palm Beach County Days ',~ . :ó ~i;~ COVER PHOTOS COURTESY OF GJ\RY REN~LDI EMPLOYEE OF P<\L "1 B£.ðr.CH COUNTY FACILITIES DEVELOPMENT A~D OPER.\TlONS ~;~~-~ Palm Beach: County Days in Tallahassee March 8-10, 2005 Please join the Palm Beach County Board of County Commissioners, The School District, the League of Cities and the Legislative Delegation in Tallahassee as we "Sea" the Opportunities available to Palm Beach County. Like life under the sea, Palm Beach County is home to a wonderfully diverse population. Every effort is being made to provide you and your organization the chance to network with Florida's lawmakers and to help them discover Palm Beach County's "sea" of opportunities. Palm Beach County Days 2005 will feature many of your favorite events from past years including: Cabinet-level speakers at breakfasts, a private hospitality area in the DoubleTree Hotel lounge, legislative appreciation luncheon, Palm Beach County displays in the highly visible first and second floors of the Capitol Rotunda, the Kick-off Party at the Goodwood Museum and Gardens and the reception at The Mary Brogan Museum. Last year's event was attended by record numbers and we anticipate an even greater turnout in 2005. Lodging and event tickets are limited, so early registration is recommended. Don't miss this chance to become part of the legislative process. Event sponsorship investments range from $1,000 - $5,000. ~~ - -':-::;~ ~------~:~~-~-~~=--~~~~- : ---,~ "-:-~::- ~ ~ _~ -J-' \_ - ~ ,_ ~ /-, .- ~~ ~- . Palm Beach County bays Proposed Schedule of Events & Festivities TuesdaYt March 8t 2005 11:00 am - 6:00 pm Early Registration/Check-in in the lobbies of DoubleTree Hotel, Courtyard Marriott and Comfort Suites 6:00 pm - 9:00 pm Kick-off Party at the Goodwood Museum and Gardens Food provided by the Bowmans and the Firefighters/Paramedics of Palm Beach County 10:00 pm - midnight PBC Days Hospitality Suite - Jacob's lounge in the DoubleTree Hotel featuring sea worthy hors d'oeuvres Wednesday, March 9, 2005 7:30 am - 8:00 am Registration at the DoubleTree Hotel only 8:00 am - 9:30 am Breakfast at the DoubleTree Hotel with keynote speaker 8:00 am - 5:00 pm PBC Days Exhibits in the Capitol Rotunda (first and second floors) Commemorative Shirts on Sale 10:00 am -11:30 am Speakers Forum in the House Chambers 12:00 pm -1 :30 pm PBC legislative Delegation Appreciation luncheon 5:30 pm - 8:30 pm PBC Days Reception at The Mary Brogan Museum in Kleman Plaza 10:00 pm - Midnight PBC Days Hospitality Suite - Jacob's lounge in the DoubleTree Hotel featuring sea worthy hors d'oeuvres Thursday, March 10,2005 8:00 am - 9:30 am Breakfast at the DoubleTree Hotel with keynote speaker Commemorative Shirts on Sale __!~'1~f~~{~?~:~:k~i{~*~fl:~1]f~~~_~ä'lf{t~~¿{<;~~:;;~x'~ «- - ' ~. ,<^" - ~ .""-::0: -."~~ / :: ," ~~~ J~,'r>:~~-~ EVENT SPONSOR OF ONE OF THE FOLLOWING A) Kick-off Party at the Goodwood Museum and Gardens (Name and logo featured on lighted-helium balloon) Reception at The Mary Brogan Museum {Opportunity to welcome guests and introduce keynote speaker) . Name recognition as a featured sponsor on the following printed mate- rials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed program* · Palm Beach County Days Sponsor Board displayed at every event · Event tickets · Commemorative event cups · Organization name listed on Palm Beach County Days 2005 web page · Organization banner displayed at the sponsored event · Registration for up to eight (8) individuals including VIP tickets to all events · Additional VIP tickets to the following events: . Ten (10) VIP tickets to the Kick-off Party on Tuesday evening . Ten (10) VIP tickets to the Wednesday evening reception at The Mary Brogan Museum · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from Tallahassee Regional Airport · Lodging reservation priorities at the DoubleTree Hotel · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) *Sponsorship commitments must be received in writing prior to printing dates for inclusion. o· PALM BEACH COUNlY DAYS' WEDNESDAY OR THURSDAY BREAKFAST AT THE DOUBLETREE HOTEL · Name recognition as a featured sponsor on the following printed materials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Sponsored breakfast tickets · Organization name listed on Palm Beach County Days 2005 web page · Organization banner displayed at the sponsored event · Opportunity to have a representative from your organization welcome guests and introduce the keynote speaker at breakfast · Registration for up to six (6) individuals including VIP tickets to all events · Additional VIP tickets to the following events: · Ten (10) VIP tickets to the Kick-off Party on Tuesday evening · Ten (10) VIP tickets to the Wednesday evening reception at The Mary Brogan Museum · Reserved table signage at the sponsored breakfast · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from Tallahassee Regional Airport · Lodging reservation priorities at the DoubleTree Hotel - -- · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) The City of West Palm Beach is honored to be a sponsor. West Palm Beach Mayor Lois Frankel *Sponsorship commitments must be received in writing prior to printing dates for incluslon_ EVENT CO-SPONSOR OF ONE OF THE FOLLOWING: A) Kick-off Party at the Goodwood Museum and Gardens B) Reception at The Mary Brogan Museum · Name recognition as a featured sponsor on the following printed materials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Event tickets · Organization name listed on Palm Beach County Days 2005 web page · Registration for up to four (4) individuals including VIP tickets to all events · Additional VIP tickets to the following events: · Eight (8) VIP tickets to the Kick-off Party on Tuesday evening · Eight (8) VIP tickets to the Wednesday evening reception at The Mary Bro- gan Museum · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from the Tallahassee Regional Airport · Lodging reservation priorities at the DoubleTree Hotel · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) We've gone from being invisible to highly visible. Lake Worth Mayor Rodney Romano *Sponsorship commitments must be received in writing prior to printing dates for inclusion. EVENT SPONSOR OF ONE OF THE FOLLOWING: A) Kick-off Party at the Goodwood Museum and Gardens B) Reception at The Mary Brogan Museum · Name recognition as a featured sponsor on the following printed materials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Event tickets · Organization name listed on Palm Beach County Days 2005 web page · Registration for up to three (3) individuals including VIP tickets to all events · Additional VIP tickets to the following events: · Five (5) VIP tickets to the Kick-off Party on Tuesday evening · Five (5) VIP tickets to the Wednesday evening reception at The Mary Brogan Mu- seum · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from Tallahassee Regional Airport · Lodging reservation priorities at the Courtyard Marriott or Comfort Suites - based on availability · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) It is well worth the funds. It's a marketing tool. West Palm Beach Commissioner Ike Robinson *Sponsorship commitments must be received in writing prior to printing dates for Inclusion ~~~~;~~~~~~~~~{~i1J~f~1~\~~f~1J1!~~~l~~~~~~~~1~~~~:{~~~~~~~~~~~~~'tT7!~?~-:; ;~~)-~~~j-::~~~~}~~:'~':~~~~~~i!It_~~~;,:q~~~~~ EVENT SPONSOR OF ONE OF THE FOLLOWING: A) Kick-off Party at the Goodwood Museum and Gardens B) Reception at The Mary Brogan Museum . Name recognition as a featured sponsor on the following printed ma- terials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Event tickets . Organization name listed on Palm Beach County Days 2005 web page · Registration for up to two (2) individuals including VIP ticket to all events · Additional VIP tickets to the following events: . Four (4) VIP tickets to the Kick-off Party on Tuesday evening . Four (4) VIP tickets to the Wednesday evening reception at The Mary Brogan Museu m · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from Tallahassee Regional Airport · Lodging reservation priorities at the Courtyard Marriott or Comfort Suites - based on availability · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) *Sponsorship commitments must be received in writing prior to printing dates for inclusion. ¡ .~... ----- COMMEMORATIVE SHIRT SPONSOR · Commemorative shirts with your organization's name and logo will be raffled at each ticketed event. Pre-orders of the shirts will also be available to registrants prior to Palm Beach County Days. · Name recognition as a featured sponsor on the following printed materials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Organization name listed on Palm Beach County Days 2005 web page · Registration for up to four (4) individuals including VIP tickets to all events · Additional VIP tickets to the following events: · Eight (8) VIP tickets to the Kick-off Party on Tuesday evening · Eight (8) VIP tickets to the Wednesday evening reception at The Mary Brogan Museu m · Ten (10) shirts to distribute to your staff or others as desired · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from Tallahassee Regional Airport · Lodging reservation priorities at the DoubleTree Hotel · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or-items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) It's beneficial, educational and just fun. Jeff Zalkin, Centex *Sponsorship commitments must be received in writing prior to printing dates for inclusion. ...~" SPONSOR OF ONE OF THE FOllOWING: A) Bead Co-Sponsor B) Fun Foto Co-Sponsort (limited to two co-sponsors) Organization name and logo will appear on the back of the Fun Foto frames C) Palm Beach County Days Hospitality Suite Tuesday Night at jacob's Lounge D) Palm Beach County Days Hospitality Suite Wednesday Night at jacob's Lounge . Name recognition on the following printed materials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Event sponsored tickets (for Hospitality Sponsors only) · Organization name listing on Palm Beach County Days 2005 web page · Registration for up to four (4) individuals including VIP tickets to all events · Add itiona I VI P tickets to the followi ng events: . Six (6) VIP tickets to the Kick-off Party on Tuesday evening . Six (6) VIP tickets to the Wednesday evening reception at The Mary Brogan Mu- seum · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from Tallahassee Regional Airport · Lodging reservation priorities at the Courtyard Marriott or Comfort Suites - based on availability · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) *Sponsorshlp commitments must be received in writing prior to printing dates for inclusion. t Exclusive Sponsorship of Fun-Fotos is available at the Diamond level ($4,000) 'P-o' -~:r~J>~:: -!-:~ ~ ,-:-X°;-' ~_ ------ TRANSPORTATION SPONSOR · Magnetic sign with organization name and logo will appear on Palm Beach County Transportation Shuttles · Sponsorship signage at all participating hotels · Name recognition as a featured sponsor on the following printed materials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Organization name listed on Palm Beach County Days 2005 web page · Registration for up to three (3) individuals including VIP tickets to all events · Additional VIP tickets to the following events: · Five (5) VIP tickets to the Kick-off Party on Tuesday evening · Five (5) VIP tickets to the Wednesday evening reception at The Mary Brogan Museum · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from Tallahassee Regional Airport · Lodging reservation priorities at the Courtyard Marriott or Comfort Suites - based on availability · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) This is our way to have the state leaders know what issues affect the people of Palm Beach County. West Palm Beach Mayor Lois Frankel *Sponsorship commitments must be received in writing prior to printing dates for inclusion. ~~~~~~_~¥f ~¥~~~~1fjtf~f~5~(~~~~:~i:t;;?~:: <~~:~¡~~~~~~~:~:i:~:~~{(~~~~~~~:;::;~~~~¿t~~}!~~;~~t~~§;~{~~jV SPONSOR OF ONE OF THE FOLLOWING: A) Exhibit Sponsor - Capitol Rotunda B) Speaker's Forum Sponsor C) Aprons - organization name and logo will appear on aprons worn by cooks and servers at evening events and luncheon D) 2005 "Know Your Legislators" Guide - organization name and logo will appear on guides distributed to all Palm Beach County Days registrants · Name recognition as a featured sponsor on the following printed materials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Organization name listed on Palm Beach County Days 2005 web page · Registration for up to two (2) individuals including VIP ticket to all events · Additional VIP tickets to the following events: · Four (4) VIP tickets to the Kick-off Party on Tuesday evening · Four (4) VIP tickets to the Wednesday evening reception at The Mary Brogan Museum · Opportunity to provide an exhibit to be displayed in the Capitol Rotunda · Complimentary ground transportation to and from Tallahassee Regional Airport · Lodging reservation priorities at the Courtyard Marriott or Comfort Suites - based on availability · Opportunity to provide an item (or items) for the legislative gift bags (250 bags will be distributed to all Florida legislators, Cabinet members and key officials.) · Opportunity to provide an item (or items) for the Palm Beach County Legislative Delegation gift bags (50 bags will be distributed to all Palm Beach County legislators, Cabinet members, County Commissioners and key officials.) We're actually here to make Palm Beach County and South Florida a better place for all of us to live and business to prosper. County Commission Vice Chairman Tony Masilotti *Sponsorship commitments must be received in writing prior to printing dates for inclusion. -: ,£ ' -~ ~;.~, ~~:< "(~- ~~ .~~~~¿- - >,- . ~~ - '~- ---~~-. -~--------- CORPORATE/BUSINESS SPONSOR Sponsorship of registration at all of the participating hotels: DoubleTree Hotel, Court- yard Marriott and Comfort Suites · Name recognition as a featured sponsor on the following printed mate- rials: · Palm Beach County Days Newsletters* · Palm Beach County Days Printed Program* · Palm Beach County Days Sponsor Board displayed at every event · Organization name listed on Palm Beach County Days 2005 web page · Registration for up to two (2) individuals including VIP tickets to all events · Additional VIP tickets to the following events: · Two (2) VIP tickets to the Kick-off Party on Tuesday evening · Two (2) VIP tickets to the Wednesday evening reception at The Mary Brogan Museum · Complimentary ground transportation to and from Tallahassee Regional Airport · lodging reservation priorities at the Courtyard Marriott or Comfort Suites - based on availability (REQUIRED FOR EACH ATTENDEE) · One (1) VIP ticket to attend the Kick-off Party on Tuesday evening · One (1) VIP ticket to the Wednesday breakfast · One (1) VIP ticket to the legislative Delegation Appreciation luncheon · One (1) VIP ticket to the Wednesday evening reception at The Mary Brogan Mu- seum · One (1) VIP ticket to the Thursday breakfast · Complimentary ground transportation to and from Tallahassee Regional Airport · lodging reservation priorities at the Courtyard Marriott or Comfort Suites - based on availability *Sponsorship commitments must be received in writing prior to printing dates for inclusion. ~~i_~~"i~~~~:f~~~~~~~~.æ:~~~~~~~~1~~~~~1t~~~t~~~~~~~'1t~~~;~~~~J;~~~~~~;~~~~~-:;~t~l~lf~~J~'tl~~~~:1Æc't~:~t~>t~-~~~ ------------ - --~----- SPONSORSHIP COMMITMENT FORM f Complete this form and fax to (561) 355-3819. Event Co-Sponsor o Platinum (limited to one per event) 0 Kick-Off Party or 0 Reception ............. $5,000 o Gold, choose one of the following: ................................................................... $4,000 Exclusive sponsor of: o Wednesday Breakfast o Thursday Breakfast o Silver o Kick-Off Party or 0 Reception ........................................................ $3,000 o Bronze o Kick-Off Party or 0 Reception ........................................................ $2,000 o Copper o Kick-Off Party or 0 Reception ........................................................ $1,500 Oiamond Sponsor o Com memorative Sh i rt .................................... ...... ...................... .................... ... $3,000 Ruby Sponsor o Chose one of the following: .............................................................................. $2,500 Exclusive sponsor of: o Tuesday Hospitality o Wednesday Hospitality Co-sponsor of: o Beads o Fun Fotos (exclusive sponsorship available for $4,000) Sapphire Sponsor o Tra nspo rtation .................................................................................................. $2,000 Pearl Sponsor ~ o Chose one of the following: .............................................................................. $1,500 o Speakers Forum o Exhibits o Aprons o Know Your Legislator Guides Opal Sponsor o Corporate. ...................... .............................. .............................. .................. ..... $1,000 Sponsorship of registration at DoubleTree, Courtyard Marriott and Comfort Suites Registration Only o Registration. ....... .......... ... ..... ..... ..... .......... ................................ ......... $250 per person Business Name: Contact Name: Phone: Fax: Street Add ress: City: State: Zip: E-Mail Address: Please make checks payable to: Palm Beach County Days and send to: Palm Beach County Public Affairs 301 North Olive Avenue, Suite 1102, West Palm Beach, Florida 33401 Sponsorship checks must be received no later than January 31,2005. For additional information, call Public Affairs at 355-2754 r or visit our Web site at www.pbcgov.com/pbcdays I I - -¡. '"';.-"":.¡": _ ;':~--r:;- - ~-:.-~:.~ ~..~> :~-~ :-3:): r~j' ~:~t ~~=--t'~· "~~o~~~-;)~~-;;. ~~:/~- r REGISTRATION FORM A registration form is required for each individual (even if they are attending as part of a sponsorship). Please make photocopies of this form for additional attendees. Fax to: Palm Beach County Public Affairs, (561) 355-3819 Business Name: Name: Title: Street Address: City: State: Zip: Phone: Fax: E-Mail Address: Sponsorship Level: 0 Registration only ROOM RESERVATION Public Affairs has secured blocks of rooms at Tallahassee hotels. Please return the sponsor and registration form, includ- ing the name in which the rooms should be reserved, as well as credit card information. Rooms will be available on a first ~ come, first served basis. Please make sure to include credit card information, without this information the room cannot be reserved. If you I make alternative room arrangements, your registration packet will be available for pick up at the DoubleTree Hotel. I 0 Yes, I would like to reserve a room. The room should be reserved in the following name: I Attendee: I I Check form of payment: _AM EX _VISA _Master Card Card Number: I I Name on Card Expiration date on card I I Please indicate the date of arrival date of departure I Room Type: 0 Smoking 0 Non-smoking I Sharing room with: I I COMMEMORATIVE SHIRT ORDERS The Palm Beach County Days 2005 commemorative shirts will again be raffled at the events. Pre-orders are also being taken at the discounted price of $20.00 (see below). Men's shirt sizes available: XS S M L XL XXL Shirts will also be on sale for $25 in the Capitol Rotunda and at the Thursday breakfast. Total Commemorative shirt Qty & size(s) x $20 = XS S M L XL XXL TRANSPORTATION INFORMATION Contact the League of Cities at 355-4484 for information on the charter bus to Tallahassee from West Palm Beach. For flight information to Tallahassee from West Palm Beach visit pbia.org. Contact Public Affairs at 355-2754 for shuttle transportation information to and fromTallahassee Regional Airport. Payment Information: Please make checks payable to Palm Beach County Days Send to: Palm Beach County Public Affairs 301 North Olive Avenue, Suite 1102 West Palm Beach, Florida 33401 For additional information, call Public Affairs at 355-2754 or visit our Web site at www.pbcgov.com/pbcdays f PLEASE .NOTE: Registration payment must be received in the Public Affairs office by February 25 in order to ensure I processmg. I Cancellation Policy: Requests for cancellations or substitutions must be made in writing. Telephone substitutions and I cancellations will not be accepted. 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'=:;....... c- o ~ _a æl I I .~_ . -¡ ---I o ~'. ~MI ~~, :~l!..l: ,¡I' ~.~ ~l'· 'n~rnl_ ìl~~ li~il;1 ~~~ ~~ . · ~ W-1W1~lJÊ I~ '~III I l=1I ~ C-;:' i......, I- l= " ~ ~.!L..'ou~ 0 li I ~~ ,I d,Et ~ A//11/" ~ill~ ~ 'r Orrll ~_" City of Delray Beach , I Memo To: City commiss~ From: David Harden CC: Date: November 5, 2004 Re: Ordinance Amending In-Lieu Parking Regulations The attached ordinance has been revised to incorporate the direction given at the September 21 public hearing. The provIsion allowing refund of in-lieu fees If on-site parking was made available to the public during off hours has been deleted, as have the provisions limiting the number of in-lieu spaces which can be purchased. In addition, the definitions of new development and in fill development have been revised. The Commission is requested to review this draft to see if it is satisfactory before we advertise it for a public heanng again. 1 \f\1 S .L1 ORDINANCE NO. 35-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN- LIEU PARKING FEE, AL TERNA TIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT EXPANSION OF AREA g; AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVELOPMENT AND IN-FILL DEVELOPMENT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parkina Spaces: (1 ) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(ehßùí..§.lthe cost of construction of additional on-street public parking may bo used to offset tho tot31 dollar amount duo under an in lieu fee 3grooment with tho City. reduce the number of in-lieu spaces required. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). ----- - (3) In-Lieu Fee: If it is impossible or in:Jppropri3te to provide the roquirod number of on site or off site parking spacos, tho City Commission may appro'./o the paymont of a feo in lieu of providing such roquirod parking, pursuant to tho following provisions When a requirement for additional parkinq results from in-fill development, or from a chanqe in use. or addinq floor space to an existinq buildinq; the City Commission may approve the payment of a fee in-lieu of providinq such required parkinq. Before qrantinq such approval the City Commission must find that it is impossible or inappropriate to provide the required number of on-site or off-street parkinq spaces and that, in the case of buildinq additions. no existinq parkinq spaces will be eliminated. Payment of a fee in-lieu of providinq required parkinq is not permitted for new development. Furthermore. the in-lieu fee option will not be available in the event of a chanqe in use or addition of floor space if either occurs within two years of the qrantinq of the Certificate of Occupancy (C.O.) for a new development. The fee in-lieu option will be available two years after the date of the qrantinq of the C.O. Payment of a fee in-lieu of required parkinq shall be pursuant to the followinq provisions. (a) The in-lieu fee is authorized only in the CBD, CBD- RC, OSSHAD Zoning Districts, and GG commercially zoned properties located in the West Atlantic Avenue Overlay District in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in- lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See page 4646 - A for corresponding map). 1. Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. 2. Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area; and Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $12,000 per space. 3. Area 3: Parcels located within the OSSHAD zoning district except for Block 69 as noted in Area 2 and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RCJ. - $6,000 per space. 4. Area 4: Parcels located within the West Atlantic Avenue Overlay District with commercial zonina desiQnations which 3ro zonod GG - $4,000 per space. (c) All proceeds from such a fee shall be used for parking purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (5) In addition to in-lieu fees due, where adequate right- of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on- street parking, not to exceed the total amount of spaces subject to in- lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parkinQ space for each full parkinQ space constructed within public riQht-of-way. (For example. the applicant reauests to pay the in-lieu fee on 4 spaces: the applicant constructs 4 spaces in the riaht-of-way: the applicant must only pay the in-lieu fee for 2 spaces ). Creditina of spaces constructed in the riaht-of-way resultinQ in a fraction shall be rounded down. Tho total in liou feo duo shall be roduced by an 3mount oqual to tho 3ctual construction costs, but in no evont to exceed total in liou foos, for those on street spaces including street lighting. Additional crodit, not to Ðxceed 10% of the total foo, may bo taken for tho actual construction costs of approved stroetscapo beautific3tion eloments in the public right of W3Y. Beautific3tion imprO'.'omonts may include, but 3re not limited to, pavorbrick 'A'al\QIl:3YS, streot furniture 3nd landsc3ping. Credit may not be taken for those parkinq spaces constructed in the public riqht-of-wav strootEcape elements listed in Soction '1 .1.13(1)(2)(f) which are required to meet the performance standards for new developments..:. in tho CBD which exceed 30 d'l.'elling units per 3Cro. Noithor credit for construction of on street Sp3COS, nor crodit for construction of be3utification olements shall be reimbursed until such constrLlction h3s been fully comploted. Section 2. That Appendix "A" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: NEW DEVELOPMENT: The construction of a buildinq or buildinqs or other improvement(s) on vacant property or a new stand alone buildinq on a developed property. excludinq in-fill development. IN-FILL DEVELOPMENT: The development of a sinqle parcel havinq frontaQe on one street or two streets for a corner parcel. and which has been vacant for five (5) years or lonqer and is surrounded by buildinqs on two or more sides. Section 3. 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 a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading