04-18-2017 Workshop Meeting AgendaCity of Delray Beach
Legislation Text
100 N.W. 1st Avenue
Delray Beach, FL 33444
File #:17-383,Version:1
TO:Mayor and Commissioners
FROM:Caryn Gardner-Young, Assistant City Manager
THROUGH:Chief Neal de Jesus, Interim City Manager
DATE:April 18, 2017
CARING KITCHEN DISCUSSION
Recommended Action:
Staff is seeking City Commission direction on the desired location for The Caring Kitchen operations.
Background:
In 1978,a group of United Methodist Churches located in Palm Beach County came together to form
Christians Reaching Out to Society (CROS Ministries).They realized that together they could make
more of a difference assisting the community’s unmet needs.Rev.Pamela Cahoon became the first
Executive Director.Under her leadership,CROS became interfaith,partnering with other faiths and
denominations.Upon Rev.Cahoon’s retirement in January 2014,Ruth Mageria became CROS
Ministries’second Executive Director.For 39 years,CROS Ministries has provided food and basic
needs assistance to people living in food insecure and low-income communities in South Florida.
CROS Ministries utilize the talents of more than 3,000 volunteers to help families and individuals from
falling into the downward spiral of poverty, food insecurity, and, in many cases, homelessness.
One of the CROS Ministries'programs is The Caring Kitchen which is their hot meal program.The
program serves the homeless,individuals and families with low-incomes,people with disabilities,and
senior citizens.Volunteers and staff provide breakfast and hot lunches five days a week,evening hot
meals four nights a week,meals to the home-bound three days a week,and bagged lunches on the
weekend.The Caring Kitchen operations is located at 196 NW 8th Ave.,Delray Beach,FL 33444,
two blocks north of Atlantic Ave which is owned by the City of Delray Beach (“City”).A lease
agreement between the City and CROS Ministries is being prepared by the City Attorney as well as a
Hold Harmless agreement so operations can continue at the existing location.
Due to its success,the impacts from The Caring Kitchen have gone beyond the property boundaries.
As a result,a new location to allow the program to grow and improve is necessary.The City has
partnered with CROS Ministries where it has occupied the City owned 196 NW 8th Ave building since
2004.(From 1982 to 2004 the American Legion Post 188 has leased the property.)The City has
offered to lease the Old Train Depot,which is also owned by the City,while the CROS Ministries will
provide the monies for any changes to the facilities for the use as The Caring Kitchen as well as
possibility expand their services.However,additional possible options for the continued operations
of The Caring Kitchen have been proposed and the City Commission has requested that this matter
be discussed at a Workshop.
CROS Ministries in the process of starting a funding campaign and is prepared to provide a
th
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File #:17-383,Version:1
presentation to the City Commission at the April 18th Workshop.
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City of Delray Beach
Legislation Text
100 N.W. 1st Avenue
Delray Beach, FL 33444
File #:17-379,Version:1
TO:Mayor and Commissioners
FROM:John Morgan, Environmental Services Director
THROUGH:Chief Neal de Jesus, Interim City Manager
DATE:April 18, 2017
PROPOSED PEDICAB SERVICE
Recommended Action:
Staff is seeking City Commission direction on allowing a Pedicab Service as a permitted business;
and need for rules and regulations to govern operations in the City of Delray Beach.
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City of Delray Beach
Environmental Services Department
M E M O R A N D U M
www.mydelraybeach.com
TO:Chief Neal de Jesus,Interim City Manager
THROUGH: Dale Sugerman, Assistant City Manager
FROM:John Morgan, Environmental Services Director
DATE:April 7, 2017
SUBJECT: Policy and Regulatory Considerations for Pedicab Service in Delray Beach
Introduction
The Pedicab (or bicycle driven pedestrian taxi) is an environmentally friendly, green solution to the
challenges of modern transportation with a zero emissions footprint. Pedicabs are adult-size tricycles with
room in the back for passengers. Over the past two decades, Pedicabs have gone from the occasional
tourist attraction to a more prominent means of public transportation in many cities. Pedicabs have
evolved into a viable industry providing specialized services including:
(a)Rides to and from hotels, restaurants, and other hot spots;
(b)Historical tours;
(c)Sightseeing rides;
(d)Weddings; and
(e)Chartered rides.
Pedicabs usually carry up to three
passengers and can be equipped
with safety belts, headlights, and
flashing taillights. The sides and
backs of Pedicabs are often used for
advertising, offering highly visible
moving billboards.
Background
In March of 1998, the Delray Beach City Commission approved a Temporary Use and Hold Harmless
Agreement authorizing a Pedicab Service to transport passengers along Atlantic Avenue. The agreement
provided for a six-month trial period to evaluate the potential for continued Pedicab service. The
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agreement allowed for two Pedicabs operating along Atlantic Avenue from State Road A1A to Swinton
Avenue. The Pedicabs operated from 9:00am – 1:00am, Sunday through Thursday; and 9:00am –2:30am,
Friday and Saturday. The Pedicabs were prohibited from operating north and south of Atlantic Avenue on
Swinton Avenue, Federal Highway, and State Road A1A. The Pedicabs were also prohibited from operating
during the 1998 Delray Affair.
During the trial period, the Pedicab operator requested approval to expand the service area and operate
in a short stretch of A1A from the City Parking lot north of Atlantic Avenue, south to Miramar Street.From
the operator’s perspective, the service area limitations were too restrictive.
From the City’s perspective the Pedicabs drivers often did not comply with traffic laws, frequently
impeded vehicular traffic on Atlantic Avenue, and as a result jeopardized the safety of the Pedicab
passengers and the general public.
The City’s evaluation of the Pedicab Service at the end of the six-month trial period in 1998 concluded
that continued operation of the Pedicab service should not be permitted due to pedestrian and Pedicab
passenger safety concerns, as well as the lack of City resources to address the increased traffic
enforcement workload on Atlantic Avenue anticipated by the Police Department.
Current Situation
In March of 2014, the President of the Delray Beach Bike Club began meeting with City elected officials,
staff, and stakeholder groups to present their business plan for a Pedicab Service in downtown Delray
Beach. Founded in 2013, the Delray Beach Bicycle Club is dedicated to promoting bicycle safety and
enjoyment. The Bicycle Club believes that Pedicabs can serve as one element of a diverse and sustainable
public transportation network in Delray Beach. In addition, the Bicycle Club believes that Pedicabs will
create jobs and economic opportunity in an environmentally responsible way, adding value to the
economy, enhancing the vibrancy of the City, and giving visitors the chance to connect memorably with
the history, culture, natural resources, and people of Delray Beach.
The Pedicab business model as proposed by the Bicycle Club would generate revenue from advertising on
the sides and back of the Pedicab (highly visible moving billboards) and tips would solely compensate the
drivers. The Pedicab equipment preferred by the Bicycle Club would also be equipped with an electric
helper motor to assist the driver with the bridge over the Intracoastal Waterway and the increase in
elevation on the approach to A1A.
Current Regulations
The City of Delray Beach has historically deferred to Palm Beach County regarding the regulation of
vehicles for hire. All taxi, limousine, shuttle and non-medical companies operating in Delray Beach must
be licensed to operate by the County’s Consumer Affairs Division. County requirements are found in
Article 9, Chapter 19, Section 214 of the Palm Beach County Code of Ordinances. Vehicles tendering
transportation services not for compensation, i.e., free shuttles, are also addressed in the code.
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Pedicabs are considered vehicles subject to the Bicycle regulations contained in the Florida Statutes
(Section 316.2065). However, Pedicabs are not considered motor vehicles. A Pedicab propelled by a
combination of human power and an electric helper motor is considered a bicycle by the State of Florida
and Palm Beach County; and, as such, the Pedicab Services operating within Palm Beach County have not
been required to secure a vehicle for hire business permit from the Palm Beach County Consumer Affairs
Division.
The City of Delray Beach has adopted regulations regarding signs in Section 4.6.7 of the Land Development
Regulations. In Delray Beach, a sign permit is required unless the sign is specifically prohibited or exempt.
Types of signs not expressly allowed in the regulations are also prohibited. A sign such as the moving
billboard on the sides and back of the proposed Pedicabs would therefore be prohibited in Delray Beach
since it is not expressly allowed in the regulations. Off-premise signs and vehicular signs are also
prohibited; however, the definitions for these types of signs did not envision a moving sign.
Policy and Regulatory Considerations
Obtaining a business permit from Palm Beach County does not appear to be a viable option for a Pedicab
business proposing to provide service in the City of Delray Beach. Since deferring to the County is not an
option, the primary policy decision for the City Commission is whether or not to allow Pedicabs.
If the Commission decides to allow Pedicabs as a business, the City would need to amend Section 110.15
of the Code of Ordinances, Local Business Tax Schedule, to add Pedicab Service as a business classification
and establish the permit fee. The City shouldalso consider adopting a Pedicab Ordinance that satisfies the
unique needs of Delray Beach and addresses:
(a) Pedicab design, appearance, and style;
(b) Limits on the number of licenses and decals;
(c) Geographical restrictions including, but not limited to:
a. pickup/drop-off locations and staging areas;
b. unusually heavy pedestrian or vehicular traffic;
c. existence of any obstructions in public spaces;
d. accidents, fires, or other emergencies;
e. parades, demonstrations, or other events.
(d) Passenger restrictions;
(e) Disqualification to obtain a license or operator’s permit;
(f) Physician certification;
(g) Fare schedules;
(h) Advertising with moving signs including regulations that prohibit:
a. lewd, crass, vulgar or sexually explicit content or images;
b. political slogans or propaganda;
c. advertisements that are illuminated; and
d. bumper stickers and advertisements that obscure the visibility of a registration number
or plate.
(i) Workers’ compensation insurance;
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(j) Liability insurance; and
(k) Minimum standard of knowledge including, but not limited to training of Pedicab operators in
order that operators present themselves to the visiting public in a professional manner, and have
a fundamental knowledge of city sites, architecture, nightlife, and places of interest.
Finally, the City should consider amending Section 4.6.7 of the Land Development Regulations to address
moving signs/rolling billboards.
Findings and Recommendations
The Police, Fire, and Environmental Services Departments have worked together to evaluate the specific
proposal from the Delray Beach Bicycle Club for a Pedicab Service. The staff continues to have public
safety concerns about pedestrian and Pedicab passenger safety as well as the possible delays to
emergency response from additional congestion on Atlantic Avenue. From the public safety standpoint,
we believe thedowntown footprint is already congested with pedestrians, scooters, golf carts, and motor
vehicles during evenings and weekends especially during season and special events. Although adding
another transportation mode is feasible, it would certainly make things more cumbersome.
From the public safety perspective, adding an additional vehicle type to an already very busy location is
not recommended. Downtown police units are responsible for high visibility patrols, traffic enforcement,
pedestrian enforcement, homeless, crimes, drugs, noise, etc. Adding another enforcement responsibility
that is not high on the priority list could frustrate community members when they see violations and no
enforcement. Staff supports environmentally friendly, green solutions to the challenges of modern
transportation; however, in this instance staff believes the public safety concerns surpass the “green”
benefits.
Should the City Commission determine that Pedicab Service is an appropriate transportation mode for
Delray Beach, staff will implement the program as directed and suggests the following actions:
1. Adding Pedicab Service as a new business classification;
2. Implementing Pedicab rules and regulations as a pilot program subject to change pending the
City’s evaluation of business and community feedback;
3. Adopting a Pedicab Ordinance that:
a. reflects thoughtful and balanced regulation;
b. requires monitoring and reporting of ridership levels, complaints, and citations;
c. addresses public safety concerns, the aesthetic environment, and protects consumers;
d. allows the Pedicab industry to grow in a sustainable manner; and
4. Provide additional resources to effectively manage and enforce the program
c:Chief Jeff Goldman, Police Department
Chief Keith Tomey, Fire Department
Tuesday, April 18, 2017
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
Delray Beach City Hall
City Commission
Mayor Cary Glickstein
Vice Mayor Jim Chard
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Shelly Petrolia
Commissioner Mitchell Katz
Regular Commission Meeting
Workshop Meeting at 4:00 PM
Public Hearings 7:00 p.m.
Commission Chambers
RULES FOR PUBLIC PARTICIPATION
PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The
Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time
allocated.
Public comment shall be allowed as follows:
A.Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial
hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The Commission may withhold comment or
direct the City Manager to take action on requests or comments.
B.Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections
at the time these items are heard by the Commission.
C.All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash
drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day
prior to the meeting where they wish to present.
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should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of
the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff
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APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to
any matter considered at this meeting, such person will need to ensure that a verbatim record includes the
testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record.
April 18, 2017City Commission Regular Commission Meeting
Pursuant to Section 3.12 of the Charter of the City of Delray Beach the Mayor has instructed me to
announce a Workshop Meeting of the City Commission to be held for the following purposes:
CARING KITCHEN DISCUSSIONWS.1.
Staff is seeking City Commission direction on the desired location for
The Caring Kitchen operations.
Recommendation:
Sponsors:City Manager Department
PROPOSED PEDICAB SERVICEWS.2.
Staff is seeking City Commission direction on allowing a Pedicab
Service as a permitted business; and need for rules and regulations to
govern operations in the City of Delray Beach.
Recommendation:
Sponsors:Environmental Services Department
Pedicab Policy Paper Update - April 2017.docxAttachments:
WS.3. Commission Comments
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