1. Pledge of Allegiance. The next Council Meeting is scheduled for June 16, Roll Call. 3. Agenda

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1 TREASURE COAST REGIONAL PLANNING COUNCIL AGENDA May 19, 2017 ~ 9:30 a.m. Wolf High Technology Center Indian River State College - Chastain Campus 2400 SE Salerno Road Stuart, FL Pledge of Allegiance 2. Roll Call 3. Agenda The next Council Meeting is scheduled for June 16, Consent Agenda A. Financial Report March 31, 2017 B. Minutes April 21, 2017 C. City of Delray Beach Comprehensive Plan Amendment No. 17-1ER D. City of Greenacres Comprehensive Plan Amendment No. 17-1ESR E. Town of Palm Beach Comprehensive Plan Amendment No. 17-2ER F. St. Lucie County Comprehensive Plan Amendment No. 17-1ESR G. Rescinding Administrative Rule 29K Announcements 5. Chairman s Comments 6. Council Member Update 7. Budget/Personnel Committee A. Proposed Budget Amendment for Fiscal Year B. Proposed Amendments to Update the Personnel Policy and Procedure 8. Florida Department of Transportation Complete Streets Policy 9. Regional Full-Scale Exercise After-Action Presentation 10. Update on Florida Regional Councils Association 11. Public Comment 12. Staff Comment 13. Adjournment Agenda items are available on our website at Phone: (772) Fax: (772) admin@tcrpc.org Special Needs:Participants with special needs can be accommodated by calling the Treasure Coast Regional Planning Council at least 2 working days prior to the Meeting. We can be reached by phone at (772) , by fax at (772) , or by at admin@tcrpc.org.

2 TREASURE COAST REGIONAL PLANNING COUNCIL MEMBERS AND ALTERNATES DOUG SMITH, Chairman REECE PARRISH, Vice Chairman SUSAN ADAMS, Secretary-Treasurer INDIAN RIVER COUNTY COMMISSIONER PETER O BRYAN Alternate Commissioner Joseph Flescher COMMISSIONER SUSAN ADAMS Alternate Commissioner Tim Zorc COUNCILMAN ED DODD, City of Sebastian Alternate Council Member Anthony W. Young, City of Vero Beach MAYOR JOEL TYSON, City of Fellsmere ST. LUCIE COUNTY COMMISSIONER TOD MOWERY Alternate Commissioner Chris Dzadovsky COMMISSIONER CATHY TOWNSEND Alternate Commissioner Linda Bartz COUNCILMAN JOHN CARVELLI, City of Port St. Lucie Councilwoman Jolien Caraballo, City of Port St. Lucie COMMISSIONER JEREMIAH JOHNSON, City of Fort Pierce Alternate Commissioner Thomas Perona, City of Fort Pierce MARTIN COUNTY COMMISSIONER DOUG SMITH Alternate Commissioner Harold Jenkins COMMISSIONER ED FIELDING Alternate Commissioner Ed Ciampi MAYOR JAMES CAMPO, Town of Sewall s Point Alternate Commissioner Peter Conze, Town of Jupiter Island PALM BEACH COUNTY COMMISSIONER HAL VALECHE Alternate Vice Mayor Melissa McKinlay MAYOR PAULETTE BURDICK Alternate Commissioner Steven L. Abrams COMMISSIONER DAVE KERNER Alternate Commissioner Mack Bernard MAYOR ANNE GERWIG, Wellington Alternate Commissioner Paula Ryan, City of West Palm Beach COUNCILMAN JEFF HMARA, Village of Royal Palm Beach Mayor Maria Marino, City of Palm Beach Gardens COMMISSIONER MITCH KATZ, City of Delray Beach Alternate Councilmember Robert Gottlieb, Town of South Palm Beach MAYOR ABBY BRENNAN, Village of Tequesta Alternate Mayor David Norris, Village of North Palm Beach GUBERNATORIAL APPOINTEES DOUG BOURNIQUE, Indian River County MICHAEL HOUSTON, Martin County TOBIN OVERDORF, Martin County MICHAEL DAVIS, Palm Beach County PETER SACHS, Palm Beach County KELLY SMALLRIDGE, Palm Beach County MARK LLANO, Palm Beach County REECE PARRISH, St. Lucie County STEVEN M. WEAVER, SR., St. Lucie County EX-OFFICIOS Vacant, SJRWMD KATHY LAMARTINA, SFWMD LOIS BUSH, FDOT, Alternate LORAINE CARGILL, SFRTA JENNIFER SMITH, FDEP

3 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 3 From: Date: Subject: Staff May 19, 2017 Council Meeting Agenda Introduction Council s Agenda will be approved by motion and vote of all Councilmembers present. In order to provide for an efficient and productive meeting, routine Council business and reports are provided on the Consent Agenda. A motion to approve the Agenda includes approving all items on the Consent Agenda unless a specific consent agenda item is pulled by a Councilmember for individual consideration and action by Council. If any Councilmember has a voting conflict on a Consent Agenda item, the voting conflict should be disclosed before the approval of the Agenda so the item can be pulled for individual consideration and action by the rest of the Council. Public comments regarding Consent Agenda items will be taken prior to voting on the motion to approve the Agenda and Consent Agenda items. Recommendation Council should approve the Agenda and Consent Agenda with any requested modifications.

4 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 3A From: Date: Staff May 19, 2017 Council Meeting Subject: Financial Report March 31, 2017 Attached are the following financial statements for March 31, 2017: Balance Sheet Revenue Report Expenditure Report Recommendation Council should review and accept this report and direct that it be filed. Attachments

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8 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 3B From: Date: Staff May 19, 2017 Council Meeting Subject: Minutes April 21, 2017 Introduction The draft Minutes of the April 21, 2017 Council meeting were posted to Council s website at Recommendation Council should approve the Minutes of the April 21, 2017 Council meeting. Attachment

9 MINUTES OF THE TREASURE COAST REGIONAL PLANNING COUNCIL APRIL 21, 2017 DRAFT Subject to Modifications Chairman Smith called the meeting to order at 9:35 a.m. and welcomed everyone to the meeting. He led the pledge of allegiance and requested roll call. The following members and alternates were present: Indian River County: Martin County: St. Lucie County: Palm Beach County: Gubernatorial Appointees: Ex-Officios: Council Staff: Council Attorney: Commissioner O Bryan Commissioner Adams Councilman Dodd Commissioner Smith Commissioner Fielding Mayor Campo Commissioner Mowery Commissioner Townsend Councilman Carvelli Commissioner Johnson Commissioner Hal Valeche Mayor Burdick Councilman Hmara Commissioner Ryan, Alternate Mayor Marino, Alternate Michael Houston Michael Davis Reece Parrish Steven M. Weaver, Sr. Kathy LaMartina, SFWMD Jennifer Davis, FDEP Vicki Gatanis, SFRTA Lisa Dykstra, FDOT Michael Busha Kim DeLaney Liz Gulick Stephanie Heidt Tom Lanahan Dana Little Keith Davis The Executive Director announced a quorum is present.

10 DRAFT Subject to Modifications AGENDA AND CONSENT AGENDA Commissioner Mowery moved approval of the Agenda and Consent Agenda. Councilmember Davis seconded the motion, which carried unanimously. Motion Items on the consent agenda were: 3A, Financial Report February 28, 2017; 3B, Minutes March 17, 2017; 3C, Indian River County Comprehensive Plan Amendment No. 17-1ESR; 3D, Town of Jupiter Island Comprehensive Plan Amendment No. 17-1ESR; 3E, Supplement No. 1 to Florida Department of Transportation Joint Participation Agreement; and 3F, Intergovernmental Coordination and Review Log. ANNOUNCEMENTS Staff indicated there would be a meeting of the Budget and Personnel Committee immediately following the Council meeting. Staff announced Tom Lanahan is now Council s Deputy Executive Director. Staff noted there will be a Florida Regional Councils Association Policy Board meeting held in conjunction with the Florida Association of Counties meeting at the Palm Beach Convention Center on June 30 th. Staff noted Chairman Smith and the executive director will be meeting with the chairman and executive director of the South Florida Regional Planning Council (SFRPC) and attending their Council meeting on April 24 th. The coral reef initiative will be on that meeting agenda and Chairman Smith would like to provide our support and collaborate with SFRPC on this issue. CHAIRMAN S COMMENTS Chairman Smith introduced Kelley Burke, Administrative Assistant to Commissioner McKinlay of Palm Beach County. Ms. Burke read into the record a letter provided by Commissioner McKinlay on the following agenda items: Item 9, Resolution Addressing the Locally Preferred Option for the Loxahatchee River Watershed Restoration Project; Item 11, US Highway 27 Multi-Modal Corridor Project Update; and Item 12, Opioid Epidemic Project Update Data and Mapping for the Treasure Coast Region. The letter has been provided as an attachment to these minutes. COUNCIL MEMBER UPDATE Councilman Carvelli with the City of Port St. Lucie stated the city is working on a lot of projects. He noted the city is in the process of approving a Riverwalk project right off Port St. Lucie and Westmoreland Boulevards on the river. The project will consist of an amphitheater, outdoor restaurant, and botanical gardens. Mayor Marino with the City of Palm Beach Gardens stated the city is currently working with the county on development of a district park that will offer more soccer and recreational opportunities. 2

11 DRAFT Subject to Modifications Commissioner Valeche with Palm Beach County stated with respect to the opioid epidemic Palm Beach County has clearly been impacted more than the other counties in the region, but believes it will extend into the northern counties. He noted an article in the paper that morning reported there has been a huge increase in overdoses and it is rumored there is a bad batch of drugs currently on the street. He stated at a recent workshop it was noted the dealers are cutting their heroin with carfentanyl, which is an elephant tranquilizer. He stated he cannot believe the Governor will not declare this as a state of emergency. He noted the county had a very successful spring training season with the new ballpark and continued baseball activities at Roger Dean Stadium. Commissioner O Bryan with Indian River County stated a week ago an Indian River County resident called in that a boat was dumping chemicals in the Indian River Lagoon. The City of Vero Beach Police Department responded with a SWAT team and with the assistance of the Indian River County Sheriff s Marine Patrol and Coast Guard, they were able to chase that boat out of Indian River County and into St. Lucie County. He stated they ended up chasing the boat down the shipping channel at Harbor Branch Oceanographic Institute where the boat was boarded, and a terrorist suspect was shot. Unfortunately, there was an explosion on the boat which resulted in a release of toxic chemicals into the air. At that time, St. Lucie County Emergency Services Hazardous Materials (HazMat) unit was already responding to another explosion at the Tradition Water Plant and Indian River County Emergnecy Services HazMat was also tied up and so they called over to the National Guard in Tampa for their HazMat team to respond to the incident. He stated they arrived via Black Hawk helicopter which touched down at Harbor Branch, donned their suits, boarded the boat and took care of the hazardous materials. He indicated it is fortunate no lives were lost other than the terrorist and all agencies responded well to avoid a potential disaster with mass casualty. Mayor Burdick with Palm Beach County stated it is nice when the emergency medical services departments work collaboratively not only locally, but regionally as well. Commissioner O Bryan indicated that was the point of the exercise. They wanted to make sure there is coordination vertical as well as horizontal. Councilmember Houston, Gubernatorial Appointee from Martin County, asked if this was real or an exercise. Commissioner O Bryan stated it was an exercise coordinated through Council that involved simultaneous terrorist incidents at the Tradition Water Plant in Port St. Lucie, Witham Airport in Stuart, and Harbor Branch. The exercise was designed for all these events to happen simultaneously in order to tax all the local resources so they would need to go to the state and federal levels and integrate the entire response. Commissioner O Bryan stated he would recommend that if there is an incident such as this, they do not put all the SWAT officers into one small boat, because this makes for a very easy target for the terrorists. Councilmember Houston stated he will try to have a report in May regarding pesticide and fertilizer applications that are being excessively applied and is detrimental to our environment. He indicated there are discussions among researchers to create an organic solution to the fertilizer. Mayor Burdick stated National Association of Counties and the National League of Cities have put together a lot of very useful information with respect to the heroin and opioid epidemic. She noted President Trump recently hosted the presidents of China and Guatemala in Palm Beach County, which provided an opportunity for local, state and federal agencies to work collaboratively. She thanked all the neighboring counties for their assistance. 3

12 4 DRAFT Subject to Modifications Commissioner Ryan with the City of West Palm Beach stated the Okeechobee Boulevard corridor is inundated with development opportunities and the city is being proactive in planning and looking at their downtown master plan, which is a living document. She stated they plan to get public and professional input on such issues as technology and infrastructure in order to ensure they are not negatively impacting the region. Commissioner Adams with Indian River County stated the annual Jackie Robison game held at Dodgertown the previous weekend was heavily attended and it is nice to see baseball back at Dodgertown. Commissioner Mowery with St. Lucie County stated the county is getting ready to start a $60 million expansion of their baseball facility. He stated the plan is to improve the existing stadium as well as add dormitories and other facilities. He indicated the state contribution for the county s Veterans nursing home has been received from the federal government and should pass through the budget process. He noted the county needs an additional $20 million from the state to bring the entire project together. The nursing home will provide services to Palm Beach, Martin, St. Lucie, Indian River, and Okeechobee counties and be located in Tradition, which is located near mile marker 118 off I-95. Commissioner Mowery stated they have also just received word both state and federal funding has come together for a 33,000 square foot maintenance rehabilitation hangar for the county s airport, which will add to the 12 hangars already in operation at the airport. He indicated the three international airports in Miami, Fort Lauderdale and Palm Beach could all be placed into the footprint of the St. Lucie County Airport property. Commissioner Mowery stated the county is working with the U.S. Department of Agriculture on an incubator kitchen project at the county s research park in Fort Pierce. This project will provide a fully licensed kitchen and tools for those wanting to start a business as well as assistance for food product development, processing, packaging, and marketing for current businesses. He noted Commissioner Jeremiah Johnson, who is a county employee as well as a city commissioner in Fort Pierce, is heading this project. With respect to the opioid issue, he noted he has been working with Commissioner McKinlay to address this epidemic that he noted is getting attention now from the White House, which is working on a rural caucus to tackle the issue. Councilman Hmara with the Village of Royal Palm Beach stated they have just completed the 6 th annual update of the village s strategic plan. He noted the plan has been evolving from a conceptual plan to one that is more specific and addresses actual expenditures. He stated their goal as an older, family-oriented community is to stay relevant in the midst of all the explosive development in western Palm Beach County. Councilmember Weaver, Gubernatorial Appointee for St. Lucie County, stated the investment of $10-15 million made by the City of Fort Pierce is beginning to pay off as indicated by increasing home values for both waterfront and non-waterfront properties. Kathy LaMartina with the South Florida Water Management District (SFWMD) indicates they are refurbishing their coastal structures in Martin and St. Lucie counties. She noted the Indian River Lagoon Council recently issued a Request for Proposal for projects related to the lagoon. The projects will be under the categories of citizen engagement and education; restoration; resilient coastal communities planning; and science and innovative technologies. She indicated the applications are due May 19 th. Council staff noted the Indian River Lagoon Annual report had been provided to all Councilmembers.

13 DRAFT Subject to Modifications Mayor Campo with the Town of Sewall s Point indicated they are seeking funds from Tallahassee for septic to sewer conversions. He indicated that because the town is surrounded on three sides by water, they would like to have the ability for the citizens to hook-up to a centralized sewer system. He thanked Chairman Smith for providing county resources to put together a master plan. Ms. LaMartina announced the SFWMD will have 4 to 6 internships available this summer. Vicki Gatanis with the South Florida Regional Transportation Authority noted she has been working with Council staff to develop a transit-oriented design policy and a companion outreach strategy and that it will go to her board next Friday for approval. She stated they are concentrating on both the CSX and FEC corridors, and we will be meeting with local governments over the next months. Chairman Smith thanked everyone involved with the baseball phenomenon that has come to our region. He noted the impact to tourism this attracts is evident throughout the entire region. He indicated the county had a Coral Reef Task Force meeting that included a presentation by the National Oceanographic and Atmospheric Administration that has done a basin study on how increased phosphorus and nitrogen are impacting our inlets. He indicated the Martin/St. Lucie Basin is the largest going down to Miami, and has become a large contributor to the phosphorous and nitrogen that travels to the estuary and eventually out into the ocean impacting the coral reefs. Chairman Smith stated we need to start becoming more knowledgeable, working together as a region, on the topic of sludge disposal and manure disposal. He indicated there is some new technology coming forward on how to deal with the sludge in terms of how to refine it and make it less-nutrient loaded. Mayor Burdick stated Palm Beach County was recently considering a comprehensive plan amendment to put a manure recycling facility in the Everglades Agricultural Area (EAA). She stated they were about to approve the project when they received information from the farmers in the EAA that large retailers would no longer purchase their crops if the facility was located there. She stated this is ironic, because currently the manure is being dumped on the land and on a rainy day automatically runs into the canals the farmers use for irrigation. She indicated the amendment was pulled from the agenda for further review. Councilmember Davis, Gubernatorial Appointee for Palm Beach County, stated he is the consultant on the proposed project. He stated it is not the horse manure that will be refined, but the bedding waste that will be recycled. He stated they will take the straw, which does contain some manure, in a covered truck, bring it to an indoor facility, treat and sanitize it, and then put it into plastic bags. He stated no rain will ever touch it, nor will it get into the canals. He stated he believes this is a perceptual problem. Chairman Smith indicated this is why this needs to be addressed as a regional issue, because it will avoid a duplication of efforts and costs can be combined. LEGISLATIVE UPDATE 2017 U.S. SENATOR BILL NELSON S OFFICE MICHELLE OYOLA MCGOVERN, DIRECTOR OF OUTREACH This item was postponed to the May 19, 2017 Council meeting. 5

14 DRAFT Subject to Modifications CONTINUING SERVICES AGREEMENT WITH THE CITY OF SEBASTIAN Staff indicated part of Council s mission is to assist the communities in our region with comprehensive planning. Staff stated the proposed agreement with City of Sebastian is to assist them with updating the Parks and Recreation Element of their comprehensive plan as well as creating a 5-year capital improvement plan for their parks. Commissioner Fielding moved approval of the continuing services agreement. Commissioner O Bryan seconded the motion. Chairman Smith called for public comment. Seeing none he called for a vote on the motion, which carried unanimously. Motion RESOLUTION ADDRESSING THE LOCALLY PREFERRED OPTION FOR THE LOXAHATCHEE RIVER WATERSHED RESTORATION PROJECT Staff noted the Loxahatchee River Restoration Watershed Project, which is part of the Comprehensive Everglades Restoration Plan (CERP) to restore the everglades and, as originally proposed in 2011, was to accomplish five goals: 1) restoration of the Northwest Fork of the Loxahatchee River (one of two nationally designated Florida Wild and Scenic Rivers); 2) restoration of the Loxahatchee Slough; 3) the reduction of damaging fresh water discharges to Lake Worth Lagoon by increasing surface water storage and conveyance; 4) restoration of the Grassy Waters Preserve and enhancement of water supplies for local governments in Palm Beach County; and 5) the provision of better flood protection for the western communities within the County. However, staff explained that the currently proposed plan from the Army Corps of Engineers (Corps) and SFWMD only addresses the first two goals. Currently, the county is working with other stakeholder organizations and is proposing what they call the locally preferred option, which puts the other 3 goals back into the project. Staff stated if there are extra projects that are not included in the CERP plan, the local government will have to pay for the additional work. Staff indicated the current agenda item proposes a resolution of Council s support of the proposed locally preferred option and encourages the Corps and SFWMD support the modeling and planning efforts associated with the proposed local option components of the Loxahatchee River Watershed Restoration Project. Commissioner Fielding moved approval of the resolution. Commissioner Ryan seconded the motion. Motion Councilmember Davis stated he is very supportive of the resolution. However, he indicated the test for the Corps is to pick the most cost-effective solution. He stated by doing the locally preferred option, the locals are responsible for the delta (the extra cost). He asked if we have done everything possible to convince the Corps to include the preferred alternative and avoid the delta. Staff asked what else can be done by Council beyond showing support for the locally preferred option through the proposed resolution, which will be sent to the Colonel and project delivery team for the Corps, and the director of the SFWMD. Mr. Davis indicted this typically comes into play in flood protection projects where the benefits are truly local. He stated although the extra benefits may not be of federal interest, they are typically willing to build them into the project as long as they are locally funded. He said he supports moving forward with the resolution while continuing to press the Corps to make this part of the preferred alternative. 6

15 7 DRAFT Subject to Modifications Commissioner Ryan stated they were informed the previous day at the Water Resources Task Force meeting that the U.S. Environmental Protection Agency has been told, along with the Corps and other federal agencies, to review their rules and regulations to determine what is necessary in all projects. She stated at this point we should focus on trying to internally locate the funding resources that will be needed for the locally preferred option. Staff asked if there might be another way to influence getting the locally preferred option included, such as this will keep the water out of the Lake Worth Lagoon, which will mean sending the water south, which is a federal issue. Councilmember Davis stated Commissioner Ryan is correct that there will be federal budget cuts and he suggested this needs to be a parallel approach of pushing to make this part of the overall federal project, while trying to locate local funding sources. Chairman Smith stated this is the type of issue that we need to work on as a region. He stated if there is something of importance in the region, we need to think collectively and that speaking as one voice is more effective and influential in Tallahassee and Washington DC. Commissioner Fielding called the question and requested directing staff to explore this issue further be added to the motion. Chairman Smith indicated before a vote could be taken, he needed to ask for public comment. Seeing none he called for a vote on the motion, which carried unanimously. Staff indicated in the short-term they will reach out to Senators Nelson and Rubio, as well as our Congressmen to share this resolution and ask for their assistance. Staff suggested in the long-term the elected officials in the region need to get together to discuss issues such as this and talk about what they would like to see happen in the region through federal legislation. Chairman Smith stated the four counties in the region specifically have not gotten together, but when he was president of the Florida Association of Counties he instituted a state-wide policy program. He noted that after the Deep Horizon oil spill they adopted more of a regional format. He suggested if there is a regional issue within the four counties, or even an issue that would include the SFRPC, they can go to the FAC to ask them for assistance. Councilmember Davis stated he is available to assist with advancing Council s resolution supporting the locally preferred option for the Loxahatchee River Watershed Restoration Project. APPROVAL OF SOUTHEAST FLORIDA TRANSIT ORIENTED DEVELOPMENT PILOT PROGAM GRANT APPLICATION RANKINGS AND AUTHORIZATION TO EXECUTE INTERLOCAL AGREEMENTS Staff indicated the purpose of this item is to request Council approval of application rankings and recommended funding awards for the Southeast Florida Transit-Oriented Development Pilot Program Grant, and authorize the Executive Director to execute interlocal agreements with the selected applicants. Staff noted funding for this effort has been secured through a transit-oriented development planning grant from the Federal Transit Administration and is included in Council s work program via an agreement between Council and the South Florida Regional Transportation Authority (SFRTA). Staff stated the current action will allocate $860,000 of those funds to seven communities along the FEC corridor for planning assistance. Staff noted the agenda item provides a summary of the 14 applications received, seven of which are being recommended by the technical selection committee established by Council to provide guidance and review. Commissioner Valeche asked for an explanation of the difference between the coastal link and the extension of Tri-Rail through this grant. Staff noted Tri-Rail operates on the CSX corridor, which is

16 DRAFT Subject to Modifications called the South Florida Rail Corridor and is owned by the State of Florida. In this corridor, Tri-Rail operates 18 stations within 72 miles, and exists for the most part west of I-95. Staff noted Tri-Rail Coastal Link is the project name for all the service that will occur on the FEC corridor. Staff explained service is envisioned as occurring in 3 segments: a northern extension, also called the Jupiter Extension, that will be Tri-Rail service extending north from Mangonia Park, crossing on a piece of track that is currently being constructed at Northwood in the City of West Palm Beach. The second segment of the corridor runs from Aventura into downtown Miami. Staff indicated Tri-Rail is currently completing improvements at the All Aboard Florida (AAF) station in Miami to allow Tri-Rail service to come across Miami and go all the way into downtown Miami and the airport. Staff noted this service will have 50 trains per day with half going into downtown Miami and the other half to the airport. Staff indicated the third section runs in between the City of West Palm Beach and Miami. Commissioner Valeche asked if the train sets are going to be the same on Coastal Link as they are on Tri-Rail. Staff indicated that is the expectation, because they will only need 500 foot platforms; fit within a block so they will not cause street closures; and provide several options for locating stations in the downtown environments. Chairman Smith asked if Tri-Rail will be running 50 trains per day to the airport in Miami. Staff explained that Tri-Rail operates approximately 50 trains a day. When service into downtown Miami begins, the existing service will split at the Metrorail Transfer station so that approximately every other train goes to the airport and the other trains go to Miami Central, which is the new AAF station at the Miami-Dade government center and federal courthouse. There will also be a connector train running between the airport and Miami Central. Mayor Burdick moved approval of the staff recommendation. Commissioner Ryan seconded the motion. Chairman Smith called for public comment. Seeing none he called for a vote on the motion, which carried unanimously. Motion U.S. HIGHWAY 27 MULTI-MODAL CORRIDOR PROJECT UPDATE Staff provided an overview of this project, which was initiated by the Florida Department of Transportation (FDOT). Staff indicated in 2013 FDOT completed a Planning and Conceptual Engineering study to investigate the feasibility of developing a multi-modal U.S. Highway 27 corridor as an alternative for moving freight. The primary study objectives were: determining the feasibility of a potential rail by-pass; identifying conceptual engineering alternative for U.S. Highway 27 (with and without rails); conducting a preliminary environmental evaluation; and planning for U.S. Highway 27 based on travel demand and Strategic Intermodal System standards. Staff indicated the study for a multi-modal alternative showed lanes would need to be added shifting the highway within the right of way to provide space for single mainline track with five two-mile siding tracks within the right-of way. Staff noted 5 potential connections to the South Central Florida Express railroad were identified. FDOT preferred what they call the N-ALT-2A alternative, which has the lowest environmental impacts, least cost, and most direct connection. Staff noted the FDOT study concludes U.S. Highway 27 must be widened to accommodate future Intermodal Logistics Centers, potential rail demand is 15 to 22 trains per day, no fatal engineering or environmental flaws identified, and adding a railroad was determined to be feasible. Staff indicated the benefits of moving forward include: reducing freight traffic through the population centers between Fort Pierce and Miami; capacity will be freed up for commuter passenger trains; truck 8

17 DRAFT Subject to Modifications traffic will be diverted from U.S. Highway 27 and I-95; and this project will support economic development and job creation for the distressed communities along the south and east sides of Lake Okeechobee. Staff stated additional stakeholders are being identified and a working group will be established to continue exploring this concept. Commissioner Valeche stated his sense is an Indiantown connection location would not be acceptable to Palm Beach County. He stated he is in favor of the economic benefits this will provide for the cities around the lake, however for as long as he can remember this has been a Florida Crystals project. He asked if there is a way to build this without the impetus of a private company contributing land. Staff indicated land is a significant part of the project, because the project will need to be big enough to be successful. Staff noted there are several sites that would work for this project, including the site in Indiantown is 12,000 acres, the Florida Crystals site in Okeelanta, a location in Belle Glade, and a location in Moore Haven. Staff indicated that conceptually this project can be done with government doing the infrastructure and the development of the project being done by the private sector. Commissioner O Bryan stated the presentation showed this project will move 80 percent of the freight to the west. He asked how much of that freight will come back to the FEC line (at Fort Pierce) to continue north. Staff indicated that has not yet been determined, because it will depend on where the intermodal logistic center and connections will be located. Staff stated FEC is currently providing service into Orlando by running trains to Cocoa and then transferring to trucks for the drive into Orlando, which makes more sense than trucking freight from Miami to Orlando. Commissioner Ryan asked for the presentation to be provided on Council s website. She asked if the infrastructure component can move forward before there is a decision on the location of the intermodal logistics center and land acquisition. Lisa Dykstra, SIS Coordinator with FDOT District Four, indicated the study was done primarily from the aspect of looking at the feasibility of construction of the rail line and what impacts there might be. She stated FDOT would not operate or maintain a freight railroad, so the private sector would have to play a part in doing the project and the decision of where the intermodal logistics center would be located. She stated the study, which started in 2008 at the request of the Florida Legislature, was done to provide information to companies that might be interested in investing in rail services on U.S. Highway 27. Commissioner Valeche asked if the company purchasing FEC would be amenable to this proposal. Staff indicated that Bob Ledoux, Senior VP at FEC Railway, participated in the meeting at the Port of Palm Beach before the announcement of the acquisition and remains enthusiastic about the project. He wanted to be here today, but had a conflicting meeting. Under public comment, Drew Martin, on behalf of the Loxahatchee Group of the Sierra Club, stated their concern is that if this is put on land that is not currently inside urban service areas, there may be adverse impacts to Everglades restoration. He stated he would not want to see a lot of industry in the western area and is concerned if U.S. Highway 27 becomes a major highway, the entire EAA will be turned into an industrial area. He asked Council to consult with environmental groups and regulatory agencies on this project to protect the environment. Commissioner Fielding stated he visions this going forward having Orlando to Miami as the throughput that changes the entire complexion of what we are currently doing. He stated with this 9

18 DRAFT Subject to Modifications project we can make a more efficient throughput from major growth areas in the state that takes congestion off the coastal corridor and makes the transportation of freight more efficient. Chairman Smith asked if staff needs Council direction for this project. Staff indicated the intent of this item was to provide an update to Council, and would only seek authorization to continue moving forward with current efforts. Chairman Smith stated it would be helpful to acknowledge in a motion for staff to fully engage in the conversations and planning for this project. Commissioner Fielding made a motion to approve Chairman Smith s suggestion. Commissioner Valeche seconded the motion. Motion Mayor Burdick asked if part of the discussion is about raising the road for the sheet flow and wildlife in the area. Ms. Dykstra stated that was not an option that was looked at in She stated at that time the highway alternative looked at shifting the roadway to the east side of the right-ofway to be able to fit the railroad along the west side, but it did not look at raising it. Chairman Smith clarified the motion should be to not only direct staff to fully engage in the conversation, but also to give consideration to all components of the project, including impacts to Everglades restoration. Commissioners Fielding and Valeche agreed with the amendment to the motion. Ms. Dykstra clarified FDOT is not currently studying this corridor. Commissioner Mowery asked if because this is an informational item, is it acceptable to pass a motion, even though it does not appear any funding by Council is involved. Chairman Smith stated there will be costs associated with staff working on this. He stated he would ask staff to come back to Council if it appears financial resources need to be allocated. Upon being put to a vote, the motion carried unanimously. OPIOID EPIDEMIC PROJECT UPDATE DATA AND MAPPING FOR THE TREASURE COAST REGION Staff indicated since the last meeting staff has begun regional data collection and mapping efforts to document opioid overdoses, emergency response events, mortality, and costs related to the opioid abuse epidemic. Staff noted a draft report has been compiled and provided in the agenda item that presents the preliminary results of this effort to highlight and quantify negative public health and resource impacts being experienced by Treasure Coast counties. Staff noted there are inconsistencies across the region and state on how opioid overdose-related data is kept and reported. Staff indicated that although the data and mapping in the report are considered draft based on the best available information collected to date from numerous sources, the news is not good for our region. Staff stated this has become a huge problem with not only human-related impacts, but also financial impacts to the service providers in the counties. Staff indicated there is a grant available through the U.S. Department of Justice to pull together all the practitioners and first responders who are reporting this data and develop a way to collect and report the data in a consistent manner. Staff noted this has been done in West Virginia and Massachusetts on a county-by-county basis, which provides better data for decision-makers on how to address this crisis. Staff asked for Council authorization to pursue this grant to help develop a system for reporting data in a consistent manner and develop a GIS database to report the impacts from the opioid epidemic. 10

19 11 DRAFT Subject to Modifications Councilmember Weaver asked if the data can be further refined by incident report location because reporting by zip code is tremendously overgeneralized. Staff noted the information is generalized because there are restrictions on sharing people s personal information. Commissioner Ryan asked if staff has identified what stakeholders need to be engaged, such as Departments of Justice, Health and Housing. Staff indicated those involved should be the hospitals, healthcare industry, medical examiners, the circuit courts, fire and law enforcement, and local governments. Mayor Burdick stated she will forward information she has from the National Association of Counties and National League of Cities as well as information the county is using. She stated on a national level, she would ask staff to communicate with the region s representatives. She stated funding to the National Institutes of Health is being slashed and in her opinion that is where the solution lies. She stated there are a lot of research institutes around the nation, including Scripps and Max Planck locally, doing research on the addiction component. She stated we can continue to put millions of dollars into treatment and data collecting resources, but we need to concentrate on finding a solution. Commissioner Valeche stated the real solution is stopping the flow of fentanyl and carfentanyl into our country. He stated a large number of deaths is directly attributable to the introduction of these two drugs into the heroin and opioid mix. He stated these drugs are being produced by a few labs in China. He noted we need to find the supply chain for the drugs and eliminate that part of the problem. Commissioner Ryan agreed with Commissioner Valeche, but stated once these drugs are shut down there will be other to take their place. She stated Mayor Burdick is absolutely right that the war on drugs does not address what is going on psychologically, mentally and physiologically with the brain. Ted Gonzales, Executive Director for the Palm Beach Police Chiefs Association and Countywide Director of Operations for the Palm Beach County Law Enforcement Exchange, stated he has been actively involved in working groups on this topic. He stated he has been collaborating with John McKenna, Resident Agent in Charge in Palm Beach County for the Drug Enforcement Administration; Hugo Barrera, the Director of the South Florida High Intensity Drug Trafficking Area in Miami; and Scott Burton with Broward County on a mapping system for this epidemic. He noted there are issues with the Health Insurance Portability and Accountability Act privacy rules for patients, however when a person is deceased the information is publically available. He stated he agrees this needs to be a unified effort, because each county is making up their own plans and there are multiple systems that are either redundant, or do not report the data in the same way. He indicated one of the problems with the fentanyl is that it is unregulated and each dose may be different, so if a person injects a certain amount one day, the next dose may be much stronger. He stated it is also important to regulate the sober homes to identify and remove those that are running fictitious operations. He thanked Council for being so proactive on this issue. He noted Christine Benkly, Countywide GIS Coordinator for Palm Beach County, was present and is very interested in supporting this effort. Commissioner Valeche stated he read that Senator Clemens and Representative Hagar have introduced companion bills to address regulating sober homes, which he believes have a good

20 DRAFT Subject to Modifications chance of being passed. Ms. Benkly offered her assistance to Council. Chairman Smith noted Martin County also has a fairly robust GIS system. Ms. Benkly indicated everyone uses the same format so the exchange of data will be easy. Commissioner Fielding moved approval of the staff recommendation. Councilman Hmara seconded the motion. Chairman Smith called for public comment. Seeing none he called for a vote on the motion, which carried unanimously. Motion PUBLIC COMMENT Mr. Martin stated he is very concerned with the lack of tree cover and the lack of protection of native trees in the region. He said when he was driving to the meeting he noticed that in Martin County wherever there is a beautiful stand of trees, there is a for sale sign, which means those trees will be cut down. He stated in Palm Beach County there have been a couple of recent developments where all the trees were removed from the lots. He noted we are currently in a drought and that trees are important because the keep the moisture in the soil and block the sun so there is less evaporation. He stated they then replant new trees, which uses excessive amounts of water to get them started. He said at one point the county was going to buy the former Briger Tract, which is now called Alton, as a nature area. He indicated now everything has been removed and ponds were put in, which are being treated more as toxic waste sites than actual ponds. He noted even the historical site of Walden Pond has turned into a garbage dump. He stated he hopes Council will begin to change how the site plans are done so we stop cutting down and removing all the trees. He stated people will actually pay more to live next to trees, this is an economic issue as well as a health issue. He stated that although he cannot draw a direct connection to the opioid crises, he suspects we might have less opioid addiction if we protected more trees and people had something to look at to invigorate and help them. None. STAFF COMMENT COUNCIL COMMENT Chairman Smith reminded everyone the Budget/Personnel Committee meeting would immediate follow. Mayor Burdick stated the meeting was good and thanked staff. ADJOURNMENT There being no further business, Chairman Smith adjourned the meeting at 11:42 a.m. This signature is to attest that the undersigned is the Secretary or a designated nominee of the Treasure Coast Regional Planning Council, and that the information provided herein is the true and correct Minutes of the April 21, 2017 meeting. Date Signature 12

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23 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 3C From: Date: Subject: Staff May 19, 2017 Council Meeting Local Government Comprehensive Plan Review Draft Amendment to the City of Delray Beach Comprehensive Plan Amendment No. 17-1ER Introduction The Community Planning Act, Chapter 163, Florida Statutes, requires that the regional planning council review local government comprehensive plan amendments prior to their adoption. The regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the strategic regional policy plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from the City of Delray Beach was received on April 21, 2017 and contains amendments to the text of the Future Land Use, Transportation, Coastal Management, Conservation, Intergovernmental Coordination, Capital Improvements, and Public School Facilities elements as well as amendments to the maps in the Public School Facilities Element. The proposed changes are based on the city s Evaluation and Appraisal Review (EAR) and changes to the framework of coordinated school planning in Palm Beach County. This report includes a summary of the proposed amendment and Council comments. Summary of Proposed Amendment The proposed amendment includes text changes to the Future Land Use, Transportation, Coastal Management, Conservation, Intergovernmental Coordination, Capital Improvements, and Public School Facilities elements of the comprehensive plan. The proposed amendments are based on the city s EAR. The purpose of the EAR is to determine whether the need exists to amend the comprehensive plan to reflect changes in state requirements since the last time the comprehensive plan was updated. The city s EAR-based amendment incorporates updated references, dates, and other information required to be consistent with the Florida Statutes. The amendments are also intended to reflect changes to the process of school capacity planning

24 DRAFT Subject to Modifications caused by the adoption of the new Interlocal Agreement for Coordinated School Planning for jurisdictions in Palm Beach County. The most significant changes in the comprehensive plan are summarized below: Future Land Use Element Revise Policy A-1.7 to acknowledge that the plan must provide a sufficient supply of land to accommodate the medium 10-year population projections by the Office of Economic and Demographic Research as required by Section (1)(f)(3) of the Florida Statutes. Add Policy D-3.9 regarding the Coordinated School Planning Interlocal Agreement. Transportation Element Revise Policy A-2.4 to allow for satisfaction of transportation concurrency through a binding agreement for payment or construction of a development s proportionate fair share of improvements necessitated by the development s impacts. Coastal Management Element Revise Objective A-1 to align the scope of the element with statutory requirements. Revise Policy D-1.3 to add a statutory reference. Revise Policy D-1.4 and add Policies D-4.3 through D-4.6 to address peril of flood in accord with Section (f) of the Florida Statutes. Conservation Element Revise Policy E-1.1 to require the addition of strategies to address factors that affect energy conservation. Intergovernmental Coordination Element Revise Policy A-2.3 to update the name of the Department of Economic Opportunity. Capital Improvements Element Revise Policy A-3.4 to match the scope with the requirements in Section (3)(a)4 of the Florida Statutes. Revise Policy A-3.7 to update how the term concurrent is used in the comprehensive plan. 2

25 DRAFT Subject to Modifications Revise Objective A-8 to show that the School District of Palm Beach County is responsible for maintaining the minimum level of service standard for public school facilities. Revise Policy A-8.2 do delete reference to concurrency service area. Replace tables CI-CIP and SD-CIP with new tables to reflect the current adopted capital budget for the city and for the School District. Public School Facilities Element Add Policy A-1.3 to provide direction regarding school capacity studies. Delete Policies A-1.4, A-1.5, and A-1.9 since they are related to the obsolete Concurrency Service Areas (CSA s). Revise Policies A-2.2, B-2.2, B-2.3, and C-3.1 to remove reference to CSA s. Revise Policy B-2.1 to correct the statutory reference. Substitute new maps to replace Maps PS 1.1, 2.1 and 3.2 to change the designation from CSA to Planning Area. Regional Impacts No adverse effects on regional resources or facilities have been identified. Extrajurisdictional Impacts The proposed amendment was circulated by the Palm Beach County Intergovernmental Plan Amendment Review Committee Clearinghouse Coordinator on March 3, No extrajurisdictional impacts have been identified. Conclusion No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Recommendation Council should approve this report and authorize its transmittal to the City of Delray Beach and the Florida Department of Economic Opportunity. Attachments 3

26 List of Exhibits Exhibit 1. General Location Map 2. Proposed Revisions in Strikeout and Underline Format

27 EXHIBIT 1 General Location Map City of Delray Beach

28 EXHIBIT 2 Proposed Revisions in Strikeout and Underline Format

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36 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 3D From: Date: Subject: Staff May 19, 2017 Council Meeting Local Government Comprehensive Plan Review Draft Amendment to the City of Greenacres Comprehensive Plan Amendment No. 17-1ESR Introduction The Community Planning Act, Chapter 163, Florida Statutes, requires that the regional planning council review local government comprehensive plan amendments prior to their adoption. The regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the strategic regional policy plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from the City of Greenacres was received on April 14, 2017 and contains amendments to the text of the Intergovernmental Coordination, Capital Improvements, and Public School Facilities elements of the comprehensive plan. This report includes a summary of the proposed amendment and Council comments. Summary of Proposed Amendment The proposed amendments are intended to reflect changes to the process of school capacity planning caused by the adoption of the new Interlocal Agreement for Coordinated School Planning for jurisdictions in Palm Beach County. In the Intergovernmental Coordination Element, the City is proposing to add school planning goals, objectives, and policies relocated from the Public Schools Facilities Element. Revisions are included to account for the new Coordinated School Planning Interlocal Agreement. Regarding the Capital Improvements Element, policies concerning concurrency for public schools are proposed to be eliminated. An objective to require the incorporation of the Palm

37 DRAFT Subject to Modifications Beach County School District s Five-Year Capital Improvement Schedule into the City s Capital Improvement Element is proposed to be added. The Public Schools Facilities Element is proposed to be eliminated. Much of the current text concerns school concurrency, which was originally established through an interlocal agreement that has now expired. It was replaced with a new Coordinated School Planning Interlocal Agreement and the relevant goals, objectives, and policies are proposed to be relocated to the Intergovernmental Coordination Element and revised as necessary. Regional Impacts No adverse effects on regional resources or facilities have been identified. Extrajurisdictional Impacts The proposed amendment was circulated by the Palm Beach County Intergovernmental Plan Amendment Review Committee Clearinghouse Coordinator on January 31, No extrajurisdictional impacts have been identified. Conclusion No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Recommendation Council should approve this report and authorize its transmittal to the City of Greenacres and the Florida Department of Economic Opportunity. Attachments 2

38 List of Exhibits Exhibit 1. General Location Map 2. Proposed Revisions in Strikeout and Underline Format

39 Exhibit 1 General Location Map City of Greenacres

40 Exhibit 2 Proposed Revisions in Strikeout and Underline Format

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46 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 3E From: Date: Subject: Staff May 19, 2017 Council Meeting Local Government Comprehensive Plan Review Draft Amendment to the Town of Palm Beach Comprehensive Plan Amendment No. 17-2ER Introduction The Community Planning Act, Chapter 163, Florida Statutes, requires that the regional planning council review local government comprehensive plan amendments prior to their adoption. The regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the strategic regional policy plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from the Town of Palm Beach was received on April 4, 2017 and contains proposed text changes to the Future Land Use, Transportation, Housing, Infrastructure, Coastal Management/Conservation, Recreation/Open Space, Intergovernmental Coordination, Capital Improvements, Historic Preservation, Public School Facilities, and Public Safety elements of the comprehensive plan. The proposed changes are based on the town s Evaluation and Appraisal Review (EAR). This report includes a summary of the proposed amendment and Council comments. Summary of Proposed Amendment The proposed amendment includes text changes to the Future Land Use, Transportation, Housing, Infrastructure, Coastal Management/Conservation, Recreation/Open Space, Intergovernmental Coordination, Capital Improvements, Historic Preservation, Public School Facilities, and Public Safety elements of the comprehensive plan. The proposed amendment is based on the town s EAR, which took place in The purpose of the EAR is to determine whether the need exists to amend the comprehensive plan to reflect changes in state requirements since the last time the comprehensive plan was updated. The town s EAR-based amendment incorporates updated references, dates, and other information required to be consistent with the

47 DRAFT Subject to Modifications Florida Statutes and address peril of flooding as well as changes desired by the town to address impacts from neighboring communities, energy planning/water conservation, and a general clean-up of text. The town has provided complete versions of each of the elements showing the changes in underline and strikethrough format. Council also received public comment on the proposed amendment from 3 residents. Because of the extensive volume of material in the amendment package, the revised elements and the written public comment have been provided as supplements to this report on Council s website. The most significant changes in the comprehensive plan are summarized below: Future Land Use Element Amend the analysis to refer to the town s projected flat population growth. Delete Policy 1.3 concerning new zoning districts for portions of the town. Delete Policy 1.4 regarding a community design process for Royal Poinciana Plaza. Add text to Policies and 8.6 prohibiting construction on conservation and submerged lands. Add a requirement to Policy 5.1 that concurrency be demonstrated prior to development order approval. Revise text in Objective 6 concerning redevelopment and potential blight. In Policies 10.1 and 10.2, expand language concerning coordinated resource planning per Chapter 380 of the Florida Statutes. In Objective 13, delete all references to public school siting. The relevant content is now proposed to be located in Goal 2 of the Intergovernmental Coordination Element. Add Policy 13.4 concerning marina siting criteria. Transportation Element Revise Policy 2.6 to require that transportation improvements be in place prior to final inspection of a development project and remove the provision allowing for up to three years to complete the improvements. Housing Element Amend the analysis to refer to the town as being built out with flat population growth and thus no need for additional housing. Updated Policy 10.2 to seek reduction of procedural barriers to the provision of affordable housing. 2

48 DRAFT Subject to Modifications Infrastructure Element Amend the analysis to be based on new infrastructure constructed since the last amendment and add the significant town project to place all overhead utilities underground. Revise Policy 2.1 to match West Palm Beach s level of service for sanitary sewer since they are the town s service provider. Revise Policy 9.1 to match West Palm Beach s level of service for potable water since they are the town s service provider. Add Policy 11.3 that the town will explore future options for water service when the current contract with the City of West Palm Beach expires (in 2029). Coastal Management/ Conservation Element Amend the analysis to take into consideration changes related to the Comprehensive Coastal Management Plan, providing submerged lands with a Conservation future land use designation, and the re-write of the Comprehensive Emergency Management Plan in Add Policy 3.4 that the town will enforce landscaping regulations to preserve natural growth and remove invasive exotic plants. Add Policy 5.1 regarding using the Comprehensive Coastal Management Plan to manage the beach resource. Add Policy 5.6 regarding evaluating opportunities to protect coastal investments and infrastructure from the impacts of climate change through the use of beach nourishment, natural dunes, and establishing the Lake Worth bulkhead as the mean high water line. Add Policy 5.7 calling on the town to work with the Treasure Coast Regional Planning Council (TCRPC) to designate the town as an Area of Critical Concern in accord with Section (3) of the Florida Statutes, regarding shoreline, natural and historic resources, and sea level rise. According to a 2015 Florida Department of Environmental Protection (FDEP) study, critical erosion is threatening private development, local parks, and State Road AIA. Delete Objective 10 to remove concurrency provisions which are already located elsewhere in the plan. Add Policy 11.3 to use the TCRPC Hurricane Evacuation Model to evaluate and ensure that proposed development in adjacent municipalities within Traffic Concurrency Exception Areas address all issues (overall increased development, bridge travel times, increased passenger rail, increased freight rail, and hurricane shelters). 3

49 DRAFT Subject to Modifications Delete Objectives 14 and 15 and create a new Objective 15 to increase community resiliency and protect property, infrastructure, and cultural and natural resources from the impacts of climate change, sea level rise, changes in rainfall patterns, and extreme weather events. Policies are proposed to continue participation in the Community Rating System of the National Flood Insurance Program; require the consideration of sea level rise in all future land use map amendment decisions; prohibit publicly funded facilities which subsidize construction in the Coastal High Hazard Area (CHHA); prohibit the expansion of utilities to serve additional development in the CHHA; enforce building codes and Coastal Construction Control Line restrictions; prohibit septic tanks; provide for hazard mitigation through compliance with FEMA requirements; limit residential development in the CHHA; limit public buildings in the CHHA; provide for no density increases in the CHHA; collaborate with Palm Beach County on regional resilience; and pursue mitigation strategies for high tides and storm surges impacted by sea level rise. Delete Objective 17 which called for an annual review for neighborhood deterioration. Add Objective 15 concerning reducing greenhouse gas emissions, energy efficiency improvements, and adhering to the town s Energy Efficiency and Conservation Strategy. Recreation/Open Space Element Updated all of the data and analysis. Add Policy 3.5 to develop a master plan for improvements to Seaview Park and Recreation Center. Intergovernmental Coordination Element Delete Policy 1.6 regarding adjacent unincorporated territory. Add Policies through regarding coordination and consideration between the town and neighboring jurisdictions on impacts of development across jurisdictional boundaries as well as drainage, water supply, solid waste disposal, multi-modal transportation, public school planning, and conservation impacts. Add Goal 2 and associated Objective and Policies for School Facility Siting and Development Coordination. The new text incorporates the requirements of the recent Coordinated School Planning Interlocal Agreement and follows the pattern of comprehensive plan amendments being done by other jurisdictions in Palm Beach County. These replace the contents of the Public School Facilities Element. Add Goal 3 and associated Objective and 12 Policies for Coastal Protection and Beach Erosion. The new text concerns the Beach Management Agreement with FDEP; state funding opportunities; communication with the Army Corps of Engineers (ACOE) regarding the use of dredge material from the Palm Beach Inlet for town beaches; 4

50 DRAFT Subject to Modifications drainage and water quality improvements in conjunction with the South Florida Water Management District and FDEP; Lake Worth Lagoon Steering Committee participation; air quality monitoring; mutual aid agreements with West Palm Beach and Palm Beach County for hazardous material response; beach nourishment coordination with the ACOE and FDEP; hurricane evacuation planning with the TCRPC; coordinated implementation of the Post Disaster Redevelopment Plan; communication with non-governmental organizations regarding the Coastal Management Program; and exploration of designation as an Area of Critical Concern in accord with Section (3) of the Florida Statutes regarding erosion, shoreline, natural and historic resources, and sea level rise. Capital Improvements Element Amend the analysis to add concern for quality of life impacts as a criterion for infrastructure project review. In addition, though there are no identified level of service deficiencies, the element includes an extensive list of capital improvement projects for maintenance covering 2016 to 2021 for a wastewater pump, stormwater pumps, putting existing overhead utilities underground, street lights, signals, paving the Lake Trail, drainage improvements, abandonment of the existing stormwater outfalls into the ocean, and sewer main replacement with West Palm Beach. Revise Policy 3.1e to match the water and sewer level of service used by West Palm Beach, the town s service provider. Delete Policy 3.1g concerning school concurrency. Revise Policy 4.1 to eliminate text redundant with Policy 3.1. Delete Policy 4.3a, b and c concerning school concurrency. Revise Policy 7.1 to recognize that the project to place utilities underground was approved on March 15, Historic Preservation Element Amend the analysis to refer to an updated survey and listing of eligible buildings being prepared and to include revised archaeological management text. Revise Policy 1.4 to refer to the adopted Archaeological Ordinance. Delete Policy 1.6 since the Ordinance is adopted now. Public School Facilities Element Delete the Element in its entirety. It has been replaced by text added to other areas of the plan in coordination with the adopted Interlocal Agreement, primarily new text in the Intergovernmental Coordination Element. 5

51 DRAFT Subject to Modifications Public Safety Element Add a new element to promote the health, safety, and security of the town s residents and visitors, including in times of disaster or other emergencies. Add Goals, Objectives, and Policies concerning coordinating police and fire/rescue through a Public Safety Director; maintaining a police department for the town; maintaining fire/rescue services for the town; using innovative law enforcement techniques including Crime Prevention Through Environmental Design and high profile traffic enforcement; reducing exposure of life and property to hurricanes and other disasters through preparedness, response, and recovery plans; reviewing and updating the Storm Emergency Response Plan and Continuity of Operations Plan; using land use controls to maintain or reduce evacuation times; and coordinating with adjacent municipalities, Palm Beach County, and the Florida Department of Transportation to ensure that evacuation time is not degraded by Traffic Concurrency Exception Areas. Monitoring, Updating, and Evaluation Procedures Delete in its entirety. Regional Impacts No adverse effects on regional resources or facilities have been identified. Extrajurisdictional Impacts The proposed amendment was circulated by the Palm Beach County Intergovernmental Plan Amendment Review Committee Clearinghouse Coordinator on November 17, No extrajurisdictional impacts have been identified. Conclusion No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Recommendation Council should approve this report and authorize its transmittal to the Town of Palm Beach and the Florida Department of Economic Opportunity. Attachments 6

52 List of Exhibits Exhibit 1 General Location Map

53 EXHIBIT 1 General Location Map Town of Palm Beach

54 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 3F From: Date: Subject: Staff May 19, 2017 Council Meeting Local Government Comprehensive Plan Review Draft Amendment to the St. Lucie County Comprehensive Plan Amendment No. 17-1ESR Introduction The Community Planning Act, Chapter 163, Florida Statutes, requires that the regional planning council review local government comprehensive plan amendments prior to their adoption. The regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the strategic regional policy plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from St. Lucie County was received on April 12, 2017 and contains a change to the Future Land Use Map of the comprehensive plan. This report includes a summary of the proposed amendment and Council comments. Summary of Proposed Amendment The proposed amendment is to change the future land use designation on acres from Residential Suburban (RS) to Residential Urban (RU). The subject property is located on the east side of Christensen Road, just south of West Midway Road. The property is currently vacant and wooded. Adjacent future land use designations are Residential Urban and Public Facilities to the north; Open Space Preserve/Open Space Conservation and Low Density Residential/Residential Golf Course in Port St. Lucie to the south; Residential Suburban and Residential Urban to the east; and Residential Suburban and Public Facilities to the west. The applicant is proposing the Ravinia Planned Unit Development, which includes 150 singlefamily homes on a total of acres. A portion of the site (3.9 acres) has a future land use designation of Residential Urban which allows a maximum density of 5 dwelling units per acre. The balance of the site (the acre subject portion) has a future land use designation of

55 DRAFT Subject to Modifications Residential Suburban which allows a maximum density of 2 dwelling units per acre. The site was previously approved for a 120 unit PUD in 2006 but that approval has expired. The proposed development plan now includes 30 more units by making the individual lots smaller and has a density of approximately 2.8 dwelling units per acre, which is less than that allowed by the proposed future land use designation of Residential Urban (5 d.u./acre maximum). The city staff report indicates that the proposed amendment is compatible with the surrounding area and there will be no adverse impacts on the adopted level of service standards for traffic, potable water and sanitary sewer (provided through Port St. Lucie), drainage, solid waste, and recreation. The report also indicates that development in this infill location will make efficient use of available existing public facilities. Regional Impacts No adverse effects on regional resources or facilities have been identified. Extrajurisdictional Impacts Council requested comments from local governments and organizations expressing an interest in reviewing the proposed amendment on April 17, No extrajurisdictional impacts have been identified. Conclusion No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Recommendation Council should approve this report and authorize its transmittal to St. Lucie County and the Florida Department of Economic Opportunity. Attachments 2

56 List of Exhibits Exhibit 1 General Location Map 2 Aerial Photograph 3 Existing Future Land Use Map 4 Proposed Future Land Use Map

57 Site Exhibit 1 General Location Map 4

58 Exhibit 2 Aerial Photograph 5

59 Exhibit 3 Existing Future Land Use Map 6

60 Exhibit 4 Proposed Future Land Use Map 7

61 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 3G From: Date: Subject: Staff May 19, 2017 Council Meeting Rescinding Administrative Rule 29K Background Florida Statutes require that Council annually review the Agency Regulating Plan and associated Agency Rules in the Florida Administrative Code (FAC). In conducting the review, staff noticed that one rule concerning the processing of a Development of Regional Impact (DRI) was still in place. This rule is known as 29K and provides that certain questions in the Application for Development Approval may be exempted from being answered through mutual agreement of Council and the applicant. There are established processes through the State to add or repeal rules and they have been researched by Council s Attorney. Analysis The regulations for processing DRIs are provided for in State Statute. Recent changes to the DRI statute eliminate the possibility of new DRIs. Therefore, the rule is redundant and obsolete and should be repealed. Recommendation Council should take the following actions: 1. Authorize the commencement of the rulemaking process to repeal Council s rule contained in section 29K of the FAC relating to exempting certain questions in the Application for Development Approval for a DRI. 2. Authorize the required Notice of Proposed Rulemaking and any other required notices to be published in the Florida Administrative Register. 3. Authorize staff to file for final rule adoption at any time no less than 21 days after the Notice of Proposed Rulemaking is published in the Florida Administrative Register.

62 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 7A From: Date: Budget/Personnel Committee May 19, 2017 Council Meeting Subject: Proposed Budget Amendment for Fiscal Year Introduction Members of the Budget/Personnel Committee met on April 21, 2017, to discuss a proposed budget amendment for Fiscal Year (FY) Committee members in attendance were Chairman Doug Smith, Commissioner Tod Mowery, Vice Chairman Reece Parrish, Commissioner Peter O Bryan, Councilman Jeff Hmara, and Councilmember Michael Davis. Council staff members in attendance were Michael Busha, Thomas Lanahan, Stephanie Heidt, and Liz Gulick. The Budget/Personnel Committee reviewed staff s proposal and recommended that the budget amendment be presented to Council for approval. Background Council is required to adopt an annual budget three to four months prior to the start of each new fiscal year. The original FY budget was adopted in July Additional contracts/revenue are frequently secured after Council adopts its annual budget. This typically necessitates a budget amendment during the fiscal year to account for new revenue and expenses. The proposed budget amendment includes modifications to revenue and expenditures in the original budget to reflect a net increase of $91,241 in confirmed revenue from state, federal, and local sources related to transportation, economic development, urban design, capital planning, and emergency management. A comparison of the adopted FY budget and proposed FY amended budget is provided for both Revenues (TABLE 1) and Expenditures (TABLE 2). The narratives following the tables summarize each category in the proposed amended budget. Recommendation Council should approve the proposed budget amendment for Fiscal Year Attachments

63 DRAFT Subject to Modifications Acronym List ADA CRA CFRPC FDEM DRI EDA EPA FARB FDOT HMEP IRC JPA LEPC MC MPO PBC PBCSD SARA SFRPC SFRTA SLC TCRPC TOD Americans with Disabilities Act Community Redevelopment Agency Central Florida Regional Planning Council Florida Division of Emergency Management Development of Regional Impact Economic Development Administration Environmental Protection Agency Fixed Asset Replacement Budget Florida Department of Transportation Hazardous Materials Emergency Preparedness Indian River County Joint Participation Agreement Local Emergency Planning Committee Martin County Metropolitan Planning Organization Palm Beach County Palm Beach County School District Superfund Amendments and Reauthorization Act South Florida Regional Planning Council South Florida Regional Transportation Authority St. Lucie County Treasure Coast Regional Planning Council Transit-Oriented Development 2

64 DRAFT Subject to Modifications TABLE 1 PROPOSED BUDGET AMENDMENT FOR FISCAL YEAR REVENUES Adopted Proposed Change Percent STATE FDEM - SARA Title III (LEPC) $59,000 $59,000 $0 SLC - Hazards Analysis 6,837 6,837 0 FDEO Chain of Lakes Blueways Project 211, ,065 52,165 TOD Pilot Planning Project 430, , ,000 SLC Small Quantity Generator Project 19, ,330 Hernando Hazards Analysis 0 2,576 2,576 Regional Full Scale Exercise 23,000 33,000 10,000 Subtotal $750,067 $515,478 -$234, % FEDERAL EPA - Revolving Loan Fund Management $10,000 $10,000 $0 EPA - Brownfields Assessment Grant 214, ,200 0 HMEP - Training & Planning 75,000 75,000 0 FDOT Land Use & Transportation Study 50,000 50,000 0 EDA Planning 10,000 94,900 84,900 Subtotal $359,200 $444,100 $84, % LOCAL SFRTA Planning $100,000 $100,000 $0 No. Palm Beach Community Master Plan 0 24,330 24,330 PBC - MPO Planning 150, ,000-50,000 Riviera Beach CRA Planning Services 10,000 10,000 0 Hallandale LDR ,000 48,000 Martin County CRA Retreat 0 19,600 19,600 Martin County CRA Pettway / Gomez Plan 0 5,600 5,600 Martin County Golf Course Workshop 0 14,000 14,000 Lake Park Market Study 0 41,000 41,000 Town of Mangonia Park - FON 0 25,000 25,000 Village of Palm Springs CRA 0 60,000 60,000 City of Sebastian - Parks & Recreation Element Update 0 19,600 19,600 South Dixie Highway Complete Streets Project 0 20,000 20,000 Boca Raton 20th Street Visioning Workshop 20,000 25,000 5,000 SFRPC Coastal Resiliency 10,000 10,000 0 CFRPC Lakeland Charrette 25,500 25,500 0 Subtotal $315,500 $547,630 $232, % LOCAL DUES Palm Beach County $592,719 $592,719 $0 Martin County 64,527 64,527 0 St. Lucie County 123, ,732 0 Indian River County 61,630 61,630 0 Subtotal $842,608 $842,608 $0 0.0% MISCELLANEOUS DRI Fees $2,500 $2,500 $0 Interest 1,000 2,300 1,300 Miscellaneous 1,000 8,500 7,500 Subtotal $4,500 $13,300 $8, % TOTAL $2,271,875 $2,363,116 $91, % 3

65 DRAFT Subject to Modifications TABLE 2 PROPOSED BUDGET AMENDMENT FOR FISCAL YEAR EXPENDITURES Adopted Proposed Spending Category Change Percent Salaries $858,000 $888,000 $30, % Benefits 394, ,000 0 Occupancy Expenses 10,000 10,000 0 Insurance 22,000 22,000 0 Brownfields Insurance 3, , % Equipment Maintenance 18,000 18,000 0 Office Supplies & Expenses 50,000 50,000 0 Graphics 2,000 2,000 0 Copying 24,000 24,000 0 Telephone 15,000 15,000 0 Postage 5,000 5,000 0 Travel 70,000 70,000 0 Dues & Memberships 32,000 32,000 0 Training & Conferences 10,000 12,000 2, % Education 2,500 2,500 0 Library & Publications Legal Advertising 2,500 3,500 1, % Legal Fees 25,000 25,000 0 Audit Fees 11,500 11,500 0 Utilities 12,000 12,000 0 Note Principal 84,391 84,391 0 Note Interest 47,908 47,908 0 Subtotal $1,699,299 $1,729,299 $30, % Consultants - Planning 552, ,817 26, % Subtotal $2,251,875 $2,308,116 $56, % Capital Outlay 15,000 50,000 35, % Capital Outlay-Bldg (FARB) 5,000 5,000 0 Total $2,271,875 $2,363,116 $91, % 4

66 DRAFT Subject to Modifications NARRATIVE ON REVENUES TABLE 1 summarizes and compares Council revenues budgeted for FY with the proposed budget amendment for FY Following is a line-by-line discussion of revenues: STATE Current Proposed Change $750,067 $515,478 ($234,589) The proposed change represents a decrease of 31.3 percent. The net decrease in revenues reflects slower than anticipated progress on the TOD Pilot Planning project and an increase in the contract amount for the existing Chain of Lakes Blueways project. In the adopted budget, both the TOD Pilot Planning and Chain of Lakes Blueways projects were categorized as Local but are more accurately categorized as State. FEDERAL Current Proposed Change $359,200 $444,100 $84,900 The proposed change represents an increase of 23.6 percent. The increase in revenues is due to approval of the new three-year contract with EDA for updating and administering Council s Comprehensive Economic Development Strategy Plan. LOCAL Current Proposed Change $315,500 $547,630 $232,130 The proposed change represents an increase of 73.6 percent. The increase in revenues primarily reflects confirmed contracts for ten new projects. LOCAL DUES Current Proposed Change $842,608 $842, No change. The revenue reflects the use of 2015 population estimates to determine local member contributions. Local dues are charged at a rate of $0.43 per capita. 5

67 MISCELLANEOUS DRAFT Subject to Modifications Current Proposed Change $4,500 $13,300 $8,800 The miscellaneous revenues category includes DRI revenues, interest, publication sales, and other miscellaneous revenue. Estimated revenues are proposed to be increased by $8,800 to account for increased interest earnings due to the balance on hand in the revolving loan fund, revenue from the economic development summit in October, and revenue from the sale of a Council vehicle. TOTAL REVENUE Current Proposed Change $2,271,875 $2,363,116 $91,241 The Revenue total of all categories reflects a net increase of $91,241 in confirmed revenue in the proposed budget, which is 4% higher than originally estimated. 6

68 DRAFT Subject to Modifications NARRATIVE ON EXPENDITURES TABLE 2 summarizes and compares Council expenditures budgeted for FY with the proposed budget amendment for FY Following is a line-by-line discussion of expenditures: Salaries Current Proposed Change $858,000 $888,000 $30,000 The proposed 3.5 percent increase represents a 3 percent salary increase approved for this fiscal year which began on October 1, 2016 as well as staff position changes and to account for an accrued leave payout for a retiring employee. Benefits Current Proposed Change $394,000 $394,000 $0 No change. Benefit expenditures include employee health insurance, Social Security and Medicare expenses, and retirement plan funding. Occupancy Expenses Current Proposed Change $10,000 $10,000 $0 No change. Included in this category is the archive for files and expense for meeting room space. Insurance Current Proposed Change $22,000 $22,000 $0 No change. This category includes automobile, liability, property, equipment, and workers' compensation insurance. Brownfield s Insurance Current Proposed Change $3,000 $0 ($3,000) This category represents an insurance policy to cover potential liability associated with work performed and management associated with Council s EPA Brownfields grant and loan program. The proposed change represents a decision to forgo this type of insurance. 7

69 DRAFT Subject to Modifications Equipment Maintenance Current Proposed Change $18,000 $18,000 $0 No change. This category covers repair and maintenance of office equipment such as computers, printers, plotters, scanners, server, etc. Office Supplies & Expenses Current Proposed Change $50,000 $50,000 $0 No change. This category includes expenses under $1,000 for items such as common office supply materials, computer software/upgrades, janitorial service, pest control, landscaping service, office furniture, file cabinets, etc. Graphics Current Proposed Change $2,000 $2,000 $0 No change. This category includes digital imaging, color printing, and the enlargement of maps and drawings. Copying Current Proposed Change $24,000 $24,000 $0 No change. This category covers the expenses related to copying and reproduction of all correspondence, publications, and documents produced by Council, as well as the monthly expense of Council s copy machine lease. Telephone Current Proposed Change $15,000 $15,000 $0 No change. This category covers the cost of the computer line, land line and cell phone service, air cards, and conference calls. 8

70 DRAFT Subject to Modifications Postage Current Proposed Change $5,000 $5,000 $0 No change. This category covers the cost of postage and express document shipping. Travel Current Proposed Change $70,000 $70,000 $0 No change. This category includes the cost of employee travel to meetings and off-site charrette locations. Dues & Membership Current Proposed Change $32,000 $32,000 $0 No change. This category covers Council's membership and voting representation in the statewide organization of the Florida Regional Councils Association and the National Association of Regional Councils. Training & Conferences Current Proposed Change $10,000 $12,000 $2,000 The proposed change represents an increase of 20 percent primarily due to an increase in HMEP contract funded first-responder training. This category also includes the cost of attending or hosting conferences. Attendance is often a contract requirement and is paid for out of contract funds. Travel and other expenses for these conferences are included in this category. Education Current Proposed Change $2,500 $2,500 $0 No change. This category covers job-related courses and accredited seminars. Library & Publications Current Proposed Change $500 $500 $0 No change. This category covers books and professional publications for Council and staff. 9

71 DRAFT Subject to Modifications Legal Advertising Current Proposed Change $2,500 $3,500 $1,000 The proposed change represents an increase of 40 percent and is the result of more Request For Qualification (RFQ) advertisements then anticipated. This category covers the cost of required advertising of regular and committee meetings in Florida Administrative Weekly. Legal Fees Current Proposed Change $25,000 $25,000 $0 No change. This category covers the cost of Council's Attorney. Audit Fees Current Proposed Change $11,500 $11,500 $0 No change. This category covers the cost of the Council's Annual Audit. Utilities Current Proposed Change $12,000 $12,000 $0 No change. This category covers the cost of the electric, water, sewer, and trash/recycling collection services. Note Principal Current Proposed Change $84,391 $84,391 $0 No change. This category covers the expense of servicing the revenue note with TD Bank, the proceeds of which were used by Council to build its office building in Note Interest Current Proposed Change $47,908 $47,908 $0 No change. This category covers the cost of servicing the revenue note with TD Bank, the proceeds of which were used by Council to build its office building in

72 DRAFT Subject to Modifications Consultants - Planning Current Proposed Change $552,576 $578,817 $26,241 The proposed change represents a 4.7 percent increase based on the projected needs to complete additional confirmed contracts in FY Consultants are sometimes required to complete contract work dealing with transportation engineering and modeling, economic analysis, emergency preparedness and training, and urban design and town planning. Capital Outlay Current Proposed Change $15,000 $50,000 $35,000 The proposed change will allow for the replacement of a ten year old high mileage Council vehicle and the purchase of a replacement computer. This category covers the cost of items over $1,000 that are depreciated over a period of three or five years. Capital Outlay-Building Fixed Asset Replacement Budget Current Proposed Change $5,000 $5,000 $0 No change. This category reflects funds to be set aside for major repair/replacement costs for the building (e.g. air conditioner, roof, windows, etc.) Total Expenditures Current Proposed Change $2,271,875 $2,363,116 $91,241 The budget reflects a 4.0 percent increase in expenses. 11

73 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 7B From: Date: Subject: Council s Budget/Personnel Committee May 19, 2017 Council Meeting Proposed Amendments to Update the Personnel Policy and Procedure Introduction Members of the Budget/Personnel Committee met on April 21, 2017, to discuss proposed amendments to the Personnel Policy and Procedure. Committee members in attendance were Chairman Doug Smith, Commissioner Tod Mowery, Vice Chairman Reece Parrish, Commissioner Peter O Bryan, Councilman Jeff Hmara, and Councilmember Michael Davis. Council staff members in attendance were Michael Busha, Thomas Lanahan, Stephanie Heidt, and Liz Gulick. The Budget/Personnel Committee reviewed staff s proposal and recommended that the amendments be presented to Council for approval. Background Council s Personnel Policy and Procedures Manual establishes policies and standards related to employment, employee relations, compensation, benefits, employee conduct and other personnel practices of the Council. The manual was last revised on December 12, This update is intended to bring Council s personnel policies and procedures into compliance with current labor laws, clarify existing policy, and add policy in response to changes in technology, personnel management techniques and salary ranges. Analysis Staff performed a complete review of Council s Personnel Policy and Procedure and identified a number of proposed changes that will improve clarity, align the document with administrative practices at Council, address current labor laws, correct minor errors, incorporate current management techniques, and ensure that procedures forming the basis of all personnel action are impartial and equitably applied. The document was also reviewed by Council s Attorney with suggested revisions incorporated. Based on input of the Budget/Personnel Committee, staff revised the draft to consistently use the term terminate instead of dismiss ; clarify when deductions can be made from an employee s final paycheck; align the eligibility for health insurance with Federal definitions; and clarify under what circumstances immediate termination would be warranted.

74 DRAFT Subject to Modifications Furthermore, Section 5.1 requires an annual performance evaluation for each staff member. The Budget/Personnel Committee suggested that staff consider conducting these more frequently (such as quarterly), but in a less formal fashion. This concept is being explored by the Executive Director and he will bring changes, if any, to the Budget/Personnel Committee for review. The entire document, depicting revisions in strikeout and underline format, is attached and significant changes are summarized below: Section 1-General Provisions Reorganize for clarity Add procedures for revisions Section 2-Employment Update and expand the non-discrimination policy to align with Council s federal, state and local contractual obligations and the Florida Constitution Clarify the availability and accrual of leave during probation Enhance travel expense procedures to detail differences based on the type of contract (federal, state, local) and incorporated them into the policy, replacing an addendum Add provisions for deduction of funds for various potential obligations to Council from an employee s final paycheck Add provisions for absence without leave and retirement notice Section 3-Job Grades and Pay Ranges Revise text to use pay instead of salary to clarify that the rules apply to salary and hourly employees Align policy in regards to setting pay ranges with current practice in order to remain competitive in the labor market Align merit pay policy with current practice at Council Add provision for establishing the pay rate of promoted, transferred, and demoted employees Section 4-Benefits Provide for approval by the Executive Director of vacation leave accrual in excess of 20 days due to work production requirements Clarify accruals for part-time employees Require notice of use of sick leave and allow prorated use of sick leave when out on workers compensation Leave provisions related to Jury Duty and other legal proceedings clarified Add Council insurance coverage for employees who work an average of 30 or more hours per week during any month in accord with current law Add a provision to recover educational reimbursement if the employee leaves within 2 years of the course completion Incorporate an existing addendum concerning professional dues into the main body of the policy

75 DRAFT Subject to Modifications Section 5-Professional Development Clarify performance evaluation procedures Section 6-Standards of Conduct and Code of Ethics Expand scope to include ethics Reorganize and enhance provisions dealing with conflicts of interest Clarify which Council employees are reporting individuals for State gift law purposes Add provision regarding employee honesty Section 7-Discipline and Grievance Revise to provide for progressive discipline, including a sequence of disciplinary actions such as counsel, verbal warning, written reprimand, suspension, demotion, and termination Clarify under what circumstances immediate termination would be warranted Clarify list of causes for disciplinary action Align employee rights with updated non-discrimination policy (see Section 2) Appendix A Revise Receptionist/Administrative Assistant and Accounting Clerk to show hourly pay rates since these are not salaried positions Delete Urban Designer/Town Planner job grade since this function is now performed on an as-needed basis through consultants Revise the pay ranges to align with current staff salaries, including the potential for future approved raises Recommendation Council should approve the proposed amendments to the Personnel Policy and Procedure. Attachment

76 TREASURE COAST REGIONAL PLANNING COUNCIL PERSONNEL POLICY AND PROCEDURE Including revisions approved at the Council meeting of. Revision: TCRPC Personnel Policy

77 TABLE OF CONTENTS Section 1 General Provisions Purpose Applicability General Policies 2 Section 2 Employment General Policies Hiring Procedures Appointments Employment Status Attendance and Travel Separations 8 Addendum to (Travel) 9 Section 3 Job Grades and Salary Pay Ranges Purpose Modifications Job Descriptions Salary Pay Ranges Pay Plan General Provisions 12 Section 4 Benefits Annual Vacation Sick Leave Holidays Family and Medical Leave (FMLA) Jury Duty and Court Attendance Military Leave Leave Without Pay Bereavement Leave Health, Dental, and Life Insurance Retirement Program Workers Compensation Educational Reimbursement Professional Dues 19 Addendum to 4.13 (Professional Dues) 20 Revision: PAGE TCRPC Personnel Policy

78 Section 5 Professional Development Performance Evaluations Personnel Records 22 Section 6 Standards of Conduct and Code of Ethics Conflict of Interest Gifts Outside Employment Political Activity Press Information Safety Sexual Harassment Smoking Solicitation Substance Abuse Use of Council Property 27 Section 7 Discipline and Grievance Discipline Grievance Process 30 Appendix A (Job Grades and Pay Ranges) 33 Revision: TCRPC Personnel Policy

79 GENERAL PROVISIONS Revision: 1 TCRPC Personnel Policy

80 SECTION 1 GENERAL PROVISIONS 1.1 Purpose The purpose of this document is to establish the personnel policies related to employment, employee relations, compensation, benefits, and other personnel practices of the Treasure Coast Regional Planning Council to ensure the principles of fairness and merit are the basis for all personnel actions. These personnel policies and procedures have been established to set standards ensuring that in any personnel action, including recruitment, examination, selection, appointment, compensation, training, promotion, retention, discipline, termination, and separation, the basis for the action and the procedures employed will be impartial and equitably applied. All policies shall be construed to comply with applicable state and federal laws. These policies and procedures are not intended to be comprehensive or to address all possible applications of, or exceptions to, the general policies and procedures described. As needed they may be changed and updated at the Council s discretion. The policies and procedures are not intended to create a contract between the council and any employee, or a property interest by an employee in any job or position with the Council. Employment with the Council is at will. This means that the employment relationship can be freely terminated at anytime by either the Council or the employee with or without reason. Further, nothing in these policies and procedures or any other plan or program or policy is intended to limit that traditional right nor create an obligation for any specific term of employment. No representative of the Council has any authority to enter into any agreement with any employee or prospective employee for any specified period of employment; or to make any agreement contrary to the policies and procedures of the Council. To establish the personnel policies related to employment, employee relations, compensation, benefits and other personnel practices. All policies shall be construed to comply with applicable state and federal laws. 1.2 Applicability The provisions contained in the personnel policy shall apply to full time, part time, and temporary employees. Nothing contained in the personnel policy or any other document provided to the employee is intended to be, nor should it be, construed as an employment contract or guarantee of employment or benefits. The policies and procedures or any other document provided to the employee are not intended to create a contract between the Council and any employee, or a property interest by an employee in any job or position with the Council or a guarantee of employment or benefits. Employment with the Council is at will. This means that the employment relationship can be freely terminated at any time by either the Council or the employee with or without reason. Further, nothing in these policies and procedures or any other plan or program or policy is intended to limit that traditional right nor create an obligation for any specific term of employment. No representative of Council has any authority to enter into any agreement with any employee or prospective employee for any specified period of employment, or to make any agreement contrary to the policies and procedure of the Council. Revision: 2 TCRPC Personnel Policy

81 1.3 General Policies Administration and Interpretation The Executive Director shall be responsible for the administration and technical direction of the Treasure Coast Regional Planning Council. The Executive Director or his designee shall be responsible for the proper and effective administration of this personnel policy, including application and interpretation of its provisions. The Executive Director may appoint a designee to assist in office/personnel management, administration, and to have the authority to approve travel, travel expenses, and leave time. Revisions and amendments to the personnel policy will be presented to Council for approval. 1.4 Revisions This policy may be revised and updated from time to time at the discretion of the Council. Revisions to this policy shall be drafted by the Executive Director and/or such other Council staff as the Executive Director deems appropriate. Revisions shall be reviewed by the Budget/Personnel Committee and presented to Council for approval. Unless noted otherwise, revisions shall be effective upon approval by the Council. Revision: 3 TCRPC Personnel Policy

82 EMPLOYMENT Revision: 4 TCRPC Personnel Policy

83 SECTION 2 EMPLOYMENT 2.1 General Policies Executive Director The Executive Director is appointed by the Council and serves under the direction of the Council. All other employees shall be appointed by the Executive Director and serve under the direction of the Executive Director Non-Discrimination There shall be no discrimination against or in favor of employees or applicants for the employment because of race, color, creed, religion, sex, national origin, political affiliation, age, marital status, family status, pregnancy, disability that allows performance of essential duties, or any other category provided by law. All personnel actions and employment practices are based solely on the requirements of the position and the qualifications of the applicant. The Treasure Coast Regional Planning Council is committed to the spirit and letter of applicable laws and regulations pertaining to equal opportunity and affirmative action Nepotism Neither the Council, the Executive Director nor any supervisors Council, the Executive Director, or supervisor shall not employ, promote, supervise, advance, or advocate for appointment, employment, promotion or advancement any individual who is a relative of the appointing or supervising official. Relative is defined as a father, mother, son, daughter, brother, sister, grandfather, grandmother, granddaughter, grandson, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-inlaw, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrother or half-sister Hiring of the Disabled Standards for employment shall be fair, reasonable, and adapted to the essential requirements of the job. These standards must reflect actual work conditions, hazards and essential requirements of the job. Such The Treasure Coast Regional Planning Council is committed to the spirit and letter of applicable laws and regulations pertaining to equal opportunity and affirmative action Life Threatening Illnesses and Communicable Diseases Employees who have a life-threatening illness, communicable disease, or who are suspected of having a communicable disease, are to be provided with fair, equal and equitable treatment by Council. Employees with a life-threatening illness, highly contagious diseases or illnesses whose presence would create an unsafe working environment for other employees are expected to notify the Executive Director and discuss the potential for an alternative working environment. Council shall maintain a safe working environment for all employees. Revision: 5 TCRPC Personnel Policy

84 2.2 Hiring Procedures Applications Applications for staff employment must be filed on forms furnished by the Council and shall include information about the applicant relevant to the requirements of the position and a chronological history of previous employment. Applications for positions shall be active and kept on file by Council for a term of at least six months from the date the application is filed, unless the application is withdrawn Requirements As indicated in Section 3, the job description will further explained in Section 3.3 below, the Executive Director shall provide a written job description for each grade, which shall contain minimum education, training, experience, and physical condition qualifications as are deemed necessary for an employee to possess in a given position. When necessary, evidence of special qualifications will be required Recruitment The Executive Director, subject to budgetary consideration, may incur such expenses as are necessary to recruit the best available applicants to positions on the Council staff. Such expenses may include meals and travel expenses incurred by the applicant. Reimbursement must be made in conformance with Council travel regulations and state law Notice of Job Openings All job openings shall be posted in a prominent location within Council offices. This procedure will be followed so that persons already employed by the Council will be aware of current openings and will have the first opportunity to apply for open positions References as part of the pre-employment procedure, former employers and references shall be checked. Reference checks made by personal or telephone contact will be documented and made part of the applicant s file Rejection of Applications The Executive Director may reject for consideration an application which indicates that the applicant does not possess one or more of the requirements as specified in the public announcement or the job description; or for any other reason which is not in violation of existing law. Applications may also be rejected if the applicant has prior conviction for a crime, if the crime was felony or first degree misdemeanor and directly relates to the position of employment sought; has submitted an incomplete application; has made false or misleading statements or omissions of any material fact in the application; or whose past employment record has been determined to be unsatisfactory. 2.3 Appointments Appointments The Executive Director shall authorize the appointment of a qualified applicant to a position after it has been verified that budget funds are Revision: 6 TCRPC Personnel Policy

85 available. An established position shall be filled with one of the following types of appointments: Original, reinstatement, promotion, demotion, or reassignment Original Appointment Except for reinstatement, promotion, demotion, or reassignment appointments made under the provisions of this chapter, all appointments to established positions shall be considered original appointments. Upon original appointment to a class, an employee shall be given one of the following types of status: probation, temporary, or trainee Promotion Appointment An employee shall be given a promotion appointment when moved from a position in one job grade to a position in another job grade having a greater degree of responsibility and/or a higher maximum rate of pay Demotion Appointment An employee shall be given a promotion demotion appointment when moved from a position in one job grade to a position in another job grade having a lesser degree of responsibility and/or a lower maximum rate of pay Reassignment Appointment An employee shall be given a reassignment appointment when moved from a position in one job grade to a position in a different job grade having the same degree of responsibility and/or the same maximum rate of pay. 2.4 Employment Status Probation No appointment shall be deemed to have regular employee status until such time as a probationary period has been served. The intent of the probationary period shall be to determine the ability of the employee to adequately and appropriately perform the work responsibilities required of the appointment. The probationary period for employees shall be six months, unless waived or modified by the Executive Director. The probationary period may be extended for an additional six months at the discretion of the Executive Director. Upon completion of the probationary period, the Executive Director shall review and evaluate the employee s work performance to determine if the assignment of regular employee status should be provided. At any time during the probationary period, the employee may be discharged terminated or separated by the Executive Director. During the probationary period an employee will accrue vacation leave, for use in the future as an a regular employee, but may not take vacation leave while on probation. Sick leave will also be accrued for use as an employee and may be taken during the probationary period. An employee terminated or who resigns during the probationary period will not be paid for unused sick or vacation leave or Personal Day(s), which is as listed in Section 4.3. Sick leave will also be accrued for use as an employee and may be taken during the probationary period. Since the probationary period is an introductory period, the appeals process provided by does not apply nor does the completion of the probationary period alter the employee s at-will employment status. Revision: 7 TCRPC Personnel Policy

86 2.4.2 Regular An employee who has been appointed and granted probationary status shall attain regular status in a job grade upon completion of the prescribed probationary period with overall performance determined to be adequate by the Executive Director. Regular positions may be either full-time or part-time positions Temporary An employee who is employed to work in a non-recurring position that is of a limited duration, which is specified in advance. These positions may be scheduled to work full time Intern/Trainee An employee shall be given an intern/trainee status when the employee is participating in an on-the-job work program Volunteer The Executive Director is authorized to recruit, train, and accept the services of volunteers to assist in programs administered by Council. Volunteers recruited, trained, or accepted by Council shall not be subject to any provision of these policies relating to Council employment, hours of work, rates of compensation, leave time, or employee benefits. However, all volunteers are expected to comply with Council s established operating procedures and standards of conduct. Persons working with the Council pursuant to this section shall be considered as unpaid independent volunteers and shall not be entitled to unemployment compensation. 2.5 Attendance and Travel Hours of Work the normal work hours for the Council are from 8:30 a.m. to 5:00 p.m., Monday through Friday. An unpaid one-hour lunch period is granted for each employee. Other than normal work hours for an employee can be approved by the Executive Director Work Breaks Each employee is granted one paid work break during the first half of the daily work period and one paid work break during the second half of the daily work period, provided that: No single work break exceeds 15 minutes absence from the employee s work activities; an employee shall not accumulate unused work breaks; and work break time shall not be authorized for covering an employee s late arrival or early departure from work activities; and work breaks are based upon work load and may be discontinued temporarily or permanently at the discretion of the Executive Director Overtime The Fair Labor Standards Act (FLSA) provides minimum wage and overtime pay under specific circumstances. Exempt employees are those Council personnel whose positions are classified as exempt under FLSA. All other employees are non-exempt. Revision: 8 TCRPC Personnel Policy

87 Non-exempt personnel will be compensated for work over 40 hours actual hours worked per week at 1.5 times their regular hourly rate. Actual hours worked shall include holidays, sick leave, and vacation approved in advance per the personnel policy. Non-exempt personnel must have authorization from the Executive Director, or his designee, prior to working more than 37.5 hours in a workweek. For hours between 37.5 and up to and including 40, employees will be paid their straight time hourly rate. The Executive Director shall attempt to arrange the work schedule so as to reduce to a minimum the necessity for overtime except in emergency or extraordinary situations. Unless specifically authorized by the their immediate supervisor, nonexempt employees shall refrain from overtime. In the case of exempt employees, it is recognized that their job will sometimes require them to attend evening or weekend meetings, or work overtime to finish a work product to meet a schedule. These employees are expected to work the required number of hours necessary to complete the task and are not eligible for overtime pay. Also, when it is determined that it is necessary for a non-exempt employee to work more than their normal schedule, such work shall be mandatory unless excused by the supervisor Flextime The Executive Director may authorize flexible work schedules where appropriate, but may deny flextime requests made by workers in jobs where such schedules would cause production or administrative problems Travel All travel requested by Council employees shall be approved by the Executive Director or his designee prior to undertaking such travel. An employee may request a travel advance for overnight travel. The advance shall not exceed 80 percent of estimated travel expenses. Reimbursement for travel and subsistence expenses will be paid only upon submission of an itemized statement of expenses, and the approval of such statement by the Executive Director. Travel expense for state contracts shall be paid in accordance with Chapter , Florida Statutes. Travel expenses for federal contracts and all other travel shall be paid in accordance with federal regulations and IRS rules, unless otherwise stated in the relevant contract. The Accounting Manager shall create a summary memorandum of reimbursement rates and shall update it as rates change. Employees provided a lump sum travel allowance shall not be entitled to mileage reimbursement for travel within the Region but may request reimbursement in accordance with the above for travel outside of the Region on Council business. Pursuant to IRS regulations [26 CFR (f)] (F), should any staff member, at the discretion of the Executive Director be authorized required to take a Council vehicle home for purposes such as to attend any emergency or to avoid vandalism, damage, or theft to the Council vehicle or it contents, it is required that the staff member be charged with taxes based on the taxable benefit required established by the IRS regulations. Revision: 9 TCRPC Personnel Policy

88 See Addendum (next page) 2.6 Separations Resignation A regular employee accepting employment agrees that in the event of resignation, written notice shall will be submitted to the Executive Director at least two weeks in advance of leaving the position. Failure to provide two weeks notice will result in a forfeiture of accrued, unused vacation time and may be considered cause for denying future employment by the Council Reduction in Work Force An employee may be separated for such reasons as lack of work, lack of funding, changes in mission, reorganization and elimination of position. Employees affected by lay off shall receive not less than four weeks written notice of termination of employment or four weeks pay in lieu of notice. Termination will be without adverse effect on the employee s eligibility for reemployment. In cases involving part-time employees, two weeks written notice shall be provided Termination The Executive Director may dismiss terminate any employee for inefficiency or substandard performance of assigned duties, insubordination, failure to carry out assigned duties, violation of the code of ethics, standards of conduct and code of ethics contained in Section 6 of Council s Personnel Policy and Procedure Manual, this Personnel Policy, or any other of these policies or laws or departmental rules, Council s policies, or for any action considered to be counterproductive to effective and efficient operations of Council and delivery of services to the public. The Discipline and Grievance procedures in Section 7 below shall govern any termination action. Revision: 10 TCRPC Personnel Policy

89 ADDENDUM TO (TRAVEL) MEMORANDUM To: From: All Staff Phyllis Castro, Accounting Manager Date: May 1, 2015 Subject: Travel Expenses & Per Diem Reimbursement Rate Effective immediately, the travel mileage reimbursement rate is as follows: State Contracts Federal Contracts Other Council Travel $.445 per mile $.575 per mile $.575 per mile For Class C Travel, the Subsistence Meal Reimbursement continues to be as follows: Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 For Class A & B Travel, the Per Diem is $80.00 per 24 hour period. See Section of the Florida Statutes for specific details. Revision: 11 TCRPC Personnel Policy

90 2.6.4 Disability Fitness for Duty The Executive Director may require a medical or psychological examination at Council expense to be performed by a physician selected by the Council, and at any time deemed necessary to evaluate the capability of an employee to perform assigned duties. An employee may be reassigned to a position involving different responsibility and different duties when a determination is made based on the examination that the employee is not capable of satisfactorily performing essential duties of his or her current position because of disability. An employee may be terminated for disability reasons when such medical evidence indicates that the employee is unable, with reasonable accommodations, to safely or effectively to perform the duties of the employee s position because of a physical, emotional or mental disability unfitness Death Separation shall be effective as of the date of death. All compensation due the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or to the estate of the employee as determined by law or by executed documents in the employee s personnel file Separation Procedures Separating employees shall schedule an interview with Council s Accounting Manager to make arrangements for outstanding benefits. All keys, books, or other Council property shall be returned to Council prior to separation. Any funds due the Council because of unreturned property, insurance premium reimbursement in accord with Section 4.4, educational reimbursement in accord with Section 4.12, or as reimbursement of funds otherwise improperly obtained shall be deducted from the employee s final paycheck, including full or partial forfeiture of payment for accrued, unused leave as necessary Exit Interview The Executive Director may conduct an exit interview with all employees separating from their positions. The purpose of the interview is so that the Executive Director can better understand the reason why the employee is ending their employment. Council shall strive to maintain a positive working environment and recognizes that separating employees can be a valuable source of information to assist in accomplishing this goal Absence Without Leave An employee who is absent from duty for three consecutive work days without authorization from the Executive Director or without notification of the reason for such absence and the expected date of return shall be considered to have resigned without notice, in violation of the notice requirements contained in Section above Retirement In the event of retirement, written notice shall be submitted to the Executive Director at least 30 days in advance. Failure to provide notice will result in a forfeiture of accrued, unused vacation time and may be considered cause for denying future employment by Council. Revision: 12 TCRPC Personnel Policy

91 JOB GRADES AND SALARY PAY RANGES Revision: 13 TCRPC Personnel Policy

92 SECTION 3 JOB GRADES AND SALARY PAY RANGES 3.1 Purpose Job Grades are established so that all positions of substantially similar type, responsibility and difficulty of work are within the same grade and that all employees are compensated equitably for the level of work being performed. It is intended to assist the Council with the ability to obtain and retain competent staff, and to provide Council employees incentives of increased compensation for their work performance. A minimum and maximum compensation rate for each salary job grade will be established (see Appendix A) is established in Appendix A as may be amended from time to time in accordance with 3.2 below. 3.2 Modifications The job grades and salary ranges are to be reviewed by the personnel committee on a biannual basis or if requested. Modifications, as determined necessary, are to be recommended by the personnel committee to Council, which shall take final action. The accounting manager shall maintain the most up-to-date version of Appendix A. The job grades and pay ranges shall be reviewed periodically by the Executive Director with consideration of the evolving nature of the Council s work, changing conditions in the labor market, and within the limits of funds appropriated by the Council through the budget approval process. Changes shall be made by the Executive Director as determined necessary and communicated in writing to the Accounting Manager who shall update and maintain Appendix A. 3.3 Job Descriptions The Executive Director shall provide a written job description for each grade. Job descriptions shall include class title, duties and responsibilities, and minimum qualifications in terms of education, experience, knowledge, skills and abilities. Job descriptions are intended to indicate the kinds of responsibilities assigned to the job grades, and shall not be construed as limiting the authority of the Executive Director to assign, direct, and control the construed as limiting the authority of the Executive Director to assign, direct, and control the work of employees. Job descriptions may be revised by the Executive Director at his discretion. 3.4 Salary Pay Ranges Salary Pay ranges and job grades authorized by Council are shown in Appendix A. The salary pay range for the various positions shall be adjusted as necessary so Council may attract and retain qualified employees in a competitive labor market. Comparisons should include, but need not be limited to, salaries at other urban regional planning councils in Florida, and at other urban areas, and at municipal and county agencies in the Treasure Coast region for work of similar type as deemed appropriate by the Executive Director. Revision: 14 TCRPC Personnel Policy

93 3.5 Pay Plan General Provisions The Pay Plan is established in order to provide for and maintain a stable and experienced work force Compensation to be provided to the Executive Director shall be set by Council and reviewed annually Compensation provided each new employee shall be set by the Executive Director. The level of pay provided shall be based on the Executive Director s assessment of the employee s qualifications, abilities, technical expertise and experience, and shall be limited to the salary range authorized for the particular job grade the employee is being hired or reassigned to fill Merit increases are to be provided to reward employees for exceptional performance and to develop incentives among employees to improve their quality and performance of work An employee shall be eligible for a merit increase upon completion of the probationary period and achievement of regular status Each employee that has not reached the maximum compensation pay rate authorized for the applicable job grade shall be eligible for a merit increase in salary upon reaching the employee anniversary date, the calendar date on which the status of regular employee is achieved, or the date of promotion or demotion beginning October 1 st of the fiscal year following evaluations in September in accord with Section 5.1 below. Any increase in pay granted may vary among employees and shall be at the discretion of the Executive Director based upon: a) a review and evaluation of the employee s work performance; b) limits and guidelines established by Council; and c) the annual budget adopted by Council Each employee that has reached the maximum compensation rate authorized for the applicable job grade shall not be eligible for a merit increase in salary Employees who have reached the maximum compensation pay rate within their authorized for the applicable job grade shall not be eligible for a merit increase in their pay rate, however instead they shall be eligible for a nonrecurring merit payment or other compensation which will not become part of the employee s regular rate or base rate. Merit payment shall be at the discretion of the Executive Director based upon outstanding job performance the criteria in above. Revision: 15 TCRPC Personnel Policy

94 3.5.4 If an employee is promoted, transferred, or demoted pay shall be determined as follows: If an employee is promoted to a position in a higher job grade, that employee s pay shall be increased to be within the pay range for the new job grade If an employee is transferred, voluntarily or involuntarily, the rate of pay for the new position shall be determined as follows: a) If the pay rate of the former job grade falls within the new range of pay, the pay rate shall remain the same. b) If the rate of pay in the former job grade is higher than the maximum rate established for the new job grade, the pay shall be reduced to no higher than the maximum rate for the new grade. If the transfer is not for disciplinary reasons, the Executive Director may determine that the employee s rate remain unchanged If an employee is demoted to a lower job grade and the present rate of pay is above the maximum rate established for the lower grade, the rate of pay shall be adjusted to no higher than the maximum rate of the lower grade. If the demotion is for disciplinary reasons, the employee s rate of pay may be reduced further by the Executive Director within the authorized range for the new job grade. Revision: 16 TCRPC Personnel Policy

95 BENEFITS Revision: 17 TCRPC Personnel Policy

96 SECTION 4 BENEFITS 4.1 Annual Vacation Each full-time employee shall be entitled to paid annual vacation to be accumulated provided in accordance with the following schedule: Years of Employment Days Per Year and up 20 Regular part-time employees who work at least 30 hours per week shall accrue annual vacation on a prorated basis with 37.5 hours of work equaling 100%. Annual vacation is accrued to an employee s account each month based on the listed annual accrual rate. For example, after six months of employment, a new regular employee will have accrued five days of annual vacation. An employee shall be eligible to use annual vacation only after regular employee status has been achieved. All annual vacation shall be approved in advance by the Executive Director or his designee and shall be coordinated with the work demands of the Council. Vacation days expire 18 months after they are accrued. An employee may accumulate up to 20 days of annual vacation. When the requirements of an employee s job prevent the taking of vacation leave such that leave accumulates in excess of 20 days, the period of time during which such leave must be used may be extended upon the approval of the Executive Director. Upon any separation of employment from the Council, an employee shall be paid for unused annual vacation accrued to his or her account subject to the terms and conditions in Section 2.6. This policy applies to vacation acquired after January 1, Sick Leave Each full-time employee of the Council shall be entitled to sick leave at a rate of 6.25 hours per month of employment. This equals 10 sick days per year. Regular part-time employees who work at least 30 hours per week shall accrue sick leave on a prorated basis with 37.5 hours of work equaling 100%. Accumulated sick leave is unlimited. Upon termination of employment separation from the Council, the employee shall not be paid for accumulated, unused sick leave accumulated. Revision: 18 TCRPC Personnel Policy

97 4.2.2 Sick leave may include be used for the following: (a) (b) (c) (d) (e) personal illness or injury; medical or dental appointments; illness of spouse, parent, or child, requiring the employee s presence; exposure to a contagious disease or quarantine; and attendance at funerals of family members relatives as that term is defined in Policy Any sick leave for a period of three or more days will require a physician s statement to support its validity, if requested by the Executive Director. If abuse of sick leave is suspected, or use is excessive, a physician s statement may be requested on absences less than 3 days Employees shall notify their supervisor as soon as possible when requesting sick leave and shall report to their supervisor if leaving work early due to onset of illness or urgent need for leave Employees who are injured on the job may use sick leave on a prorated basis to supplement workers compensation payments to bring their pay up to their regular hourly rate. 4.3 Holidays The following dates will be observed as paid holidays: New Year s Day Martin Luther King, Jr. Day or Presidents Day (at each employee s choice) Memorial Day Independence Day Labor Day Veteran s Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day Personal Day (2) If any of these holidays fall on a Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays fall on a Sunday, the following Monday shall be observed as a holiday. Regular and probationary full-time employees shall receive paid holiday leave beginning with their employment. Regular and probationary part-time employees who work at least 30 hours per week shall be eligible for holiday benefits on a prorated basis with pay based on their typical work day. Revision: 19 TCRPC Personnel Policy

98 Employees who are on approved leave with pay when authorized holidays occur shall not have such days charged against their accrued leave credits. Employees who are on unpaid leave of absence or suspension shall not be paid for holidays. Personal Days shall require prior approval of the Executive Director and shall be taken during Council s fiscal year between October 1 st and September 30 th. Unused Personal Days expire at the end of each fiscal year. 4.4 Family and Medical Leave (FMLA) Council has adopted a family and medical leave policy to comply with the federal medical leave laws. To be eligible for leave under the Family and Medical Leave Act (FMLA), and the employee must have worked for Council for at least twelve months (which need not be consecutive) and must have worked at least 1,250 hours over the previous twelve months. Family and medical leave is available as follows: (a) (b) (c) to care for the employee s child after birth, or placement for adoption or foster care; to care for the employee s spouse, son or daughter, or parent, who has a serious health condition; or for a serious health condition that makes the employee unable to perform the employee s job. The Executive Director may require a written medical certification of the existence of a serious medical condition of the employee, spouse, parent, or child. The employee shall provide a 30-day advance notice prior to the expected start of leave for events such as a birth, adoption, or planned medical treatment. Family and medical leave is limited to 12 weeks in any twelve-month period. This period shall be measured from the first day of FMLA leave. Employees must use all accrued leave benefits in conjunction with any unpaid family and medical leave. Paid leave runs concurrently with family and medical leave. For example, if an employee has available two weeks of annual vacation then a 12-week family and medical leave would include two paid weeks of annual vacation and 10 unpaid leave weeks. In certain cases, an eligible employee entitled to family and medical leave may take that leave on an intermittent or reduced leave work schedule. Each time an employee takes family and medical leave, Council will compute the amount of leave the employee has taken under this policy and subtract it from the twelve weeks of available leave for the twelve month period. For birth, adoption or placement of a child from foster care, the leave option expires one year after the event. Council will continue to pay for medical, dental, and life insurance on for any employee taking family and medical leave. However, the employee must pay their regular portion of premiums, if Revision: 20 TCRPC Personnel Policy

99 any. If the employee does not return to work for the Council at the conclusion of the leave, then the employee will be obligated to reimburse the Council for its portion of medical, dental, and life insurance premiums which the Council paid during the leave, unless the reason the employee does not return is due to: (a) (b) the continuation, recurrence, or onset of a serious health condition which would entitle the employee to leave under this policy; or other circumstances beyond the employee s control, i.e., the employee is laid off while on leave or the employee is needed to provide care to a family member with a serious health condition. Circumstances beyond the employee s control do not include a situation where an employee desires to remain with a parent in a distant city even though the parent no longer requires the employee s care, or a decision not to return to work in order to stay with a healthy newborn child, or undertaking employment elsewhere. No additional sick leave, annual vacation, or holiday leave will accrue to the employee for periods of time when the employee is on an unpaid leave of absence. 4.5 Jury Duty and Court Attendance On proof of the necessity of jury service or attending court pursuant to subpoena or other court order, not as a party to litigation involved, an employee shall be granted leave with pay for such purposes by the Executive Director. When an employee s attendance in court is required as part of a legal process, leave with pay shall be granted for this purpose by the Executive Director except that such leave shall be without pay for an employee who is a defendant, plaintiff, or complainant in a civil or criminal action not associated with the Council s business or affairs. Payment received for jury duty, if any, shall be signed over to the Council. 4.6 Military Leave Council will comply with state and federal laws governing military leave. 4.7 Leave Without Pay Regular employees may be allowed to be absent without pay on the basis of an application specifying the reason for the request, approved by the Executive Director. Such approval may be subsequently withdrawn and the employee recalled to service. No additional sick leave, annual vacation, or holiday leave will accrue to the employee for periods of time when the employee is taking leave without pay. 4.8 Bereavement Leave Employees shall use sick leave for time off for attendance of at funerals of relatives. Relative is as defined under Section Revision: 21 TCRPC Personnel Policy

100 4.9 Health, Dental, and Life Insurance Council shall provide an insurance program for all full time employees and part time employees who work an average of 30 or more hours per week during any month. The extent of the program is determined by the Council and includes medical, dental, and life insurance. See Council Health Plan. Council shall pay only the cost of individual participation in any insurance program. Extra costs for dependent or family coverage shall be paid by the employee Retirement Program Council shall contribute to a Simplified Employee Pension plan for all regular employees. The contribution will be based on regular earnings. See Council SEP Plan. Regular employees shall also have the option to contribute to a deferred compensation plan. See Council Deferred Compensation Plan Workers Compensation Employees disabled as a result of injuries arising out of and in the course of employment, and compensable under the provisions of the Workers Compensation Law, shall be afforded the coverage prescribed by that law Educational Reimbursement Council may pay the cost of educational expenses if: (a) (b) (c) (d) the course work and professional certification relate to the employee s job and can be shown to benefit Council; there exists adequate funds appropriated for such purposes within the adopted budget; and the employee s course or professional certification had prior approval by the Executive Director; and the employee has worked for Council for one or more years. Reimbursement shall be for actual tuition expenses paid at 100 percent for satisfactory completion. In the event that the employee separates from the Council within two years of completion of the course or program of study, they shall reimburse the Council for any educational expense paid by Council Professional Dues Council may pay one-half the dues for individual memberships in professional organizations in related fields for employees, up to a maximum of $200 per employee per year, conditioned upon the approval of the Executive Director. In order to encourage employees to maintain membership in professional organizations, which often provide opportunities for professional development and continuing education at reduced cost, Council shall reimburse employee professional Revision: 22 TCRPC Personnel Policy

101 organization membership in a single organization up to $500 per employee per year subject to the approval of the Executive Director. See Addendum (next page) Revision: 23 TCRPC Personnel Policy

102 ADDENDUM TO 4.13 PROFESSIONAL DUES To: From: Staff Michael Busha, Director Date: June 12, 2007 Section 4.13 (Professional Dues) in the TCRPC Personnel policies currently allows Council employees to be reimbursed up to one-half the dues for membership in a professional organization, up to a maximum of $200 per employee per year. This policy has not been revised in many years. Membership dues in most professional organizations have increased considerably during the years this policy has been in effect. This has the effect of discouraging employee membership in professional organizations that often provide good opportunities for professional development and continuing education at discounted costs. In order to encourage employees to continue to maintain their memberships in a professional organization and certification in their field, the current policy has been revised to allow employees to be reimbursed for professional membership in a single organization up to $500 per employee per year, conditioned upon the approval of the Executive Director. Revision: 24 TCRPC Personnel Policy

103 PROFESSIONAL DEVELOPMENT Revision: 25 TCRPC Personnel Policy

104 SECTION 5 PROFESSIONAL DEVELOPMENT 5.1 Performance Evaluations Each employee shall have an annual written performance evaluation in approximately September, except that new employees shall receive their first evaluation after before completion of their probationary period. The primary purposes of this evaluation are to 1) inform the employee of strong and weak points and of any improvements necessary for continued success with the Council; 2) determine the employee s eligibility for a salary increase as a result; 3) provide an ongoing performance record; and 4) provide employees an opportunity to discuss ways to improve work performance. All performance evaluations are prepared by the Executive Director, with input from the employee s immediate supervisor. The employee will be asked to prepare a self-assessment. The results shall be discussed with the employee who shall be furnished a copy of the completed rating and shall sign the evaluation for placement in the employee s personnel file. An employee shall have the right to respond in writing to a performance evaluation and to have the written response placed in the personnel file. Employees are expected to meet or exceed performance expectations at all times. An unsatisfactory evaluation may result in termination of the employee. If the employee receives an evaluation which indicates performance is less than satisfactory, the Executive Director shall place the employee on probation, counsel the employee and identify the improvements necessary to meet expectations and place the employee on formal probation schedule a follow-up evaluation within three months. If that evaluation is unsatisfactory, the employee may be terminated or provided with an additional probation period at the discretion of the Executive Director, depending on the employee s progress in rectifying the identified deficiencies. 5.2 Personnel Records The Accounting Manager is the official custodian of records for all personnel records. An individual personnel record is created upon commencement of employment and systematically maintained throughout the duration of employment. Chapter 119, Florida Statutes, the Florida Public Records Law makes all personnel records open to the public upon request. All requests should be directed to the Executive Director. The request will be granted in a reasonable amount of time. When a personnel record is pulled for review per a request, the Accounting Manager will remain with the individual reviewing the record Only the Executive Director, or at his instruction, the Accounting Manager, may add materials to the personnel records. Only the Executive Director or the Accounting Manager may temporarily remove materials. No materials may be permanently removed from a personnel record unless required by law or order of court. Revision: 26 TCRPC Personnel Policy

105 STANDARDS OF CONDUCT AND CODE OF ETHICS Revision: 27 TCRPC Personnel Policy

106 SECTION 6 STANDARDS OF CONDUCT AND CODE OF ETHICS 6.1 Conflict of Interest It is the policy of the Council that employees shall avoid any conflict between personal interest and the interest of the Council and the public. in dealing with suppliers and all others seeking to do business with the Council. The responsibility of exercising care and discretion rests initially with the employee. If an employee is und\certain about whether a conflict exists or has any question about a potential conflict of interest, the employee shall ask the advice and guidance of the Executive Director. 6.2 Gifts No Council employee shall transact any business on behalf of the Council with any business entity of which that employee or a relative (as defined in above) is an officer, agent, or member or in which he or she owns a controlling interest No Council employee shall have personal investments in any enterprise which will create a substantial conflict between that private interest and the interest of the Council and public Employees shall not use their position or information gained in the course of their work for personal benefit or the profit or advantage of any person or entity The responsibility of exercising care and discretion rests initially with the employee. If an employee is uncertain about whether a conflict exists or has any question about a potential conflict of interest, the employee shall seek the advice and guidance of the Executive Director. The Executive Director may consult as necessary with the Council Attorney for guidance. Pursuant to Section , Florida Statutes, it is the policy of the Council that no employee shall solicit or take for personal use a fee, gift, or other valuable thing or favor or service in the course of work or in connection with it, when such fee, gift or other valuable thing so solicited or given might be construed to be a means of seeking a favor or obtaining better treatment than that accorded other persons either on a present or future basis. or improper use of official position or knowledge for personal benefit or for the profit or advantage of any other person or entity. As required by Section (1)(b)(3), Florida Statutes, the Executive Director and Deputy Executive Director are reporting individuals for gift purposes. 6.3 Outside Employment It is the policy of Council that employees, regular or probationary, shall not engage in any other employment, in private business, or in the conduct of professional services that will interfere or conflict with Council business. There shall be no outside employment except with written prior approval of Executive Director. In reviewing and granting permission for employment outside the Council, the Executive Director shall consider any real or potential interference with the Revision: 28 TCRPC Personnel Policy

107 employee s work performance for the Council, or any possible or perceived conflict of interest. Work within the Council region and/or of a similar type to the Council s work shall be of particular concern. Should the Executive Director identify either real or potential interference or conflict, approval shall not be granted. Further, the Executive Director may place conditions on any approval for outside employment. Failure to notify the Executive Director in advance of outside employment may result in discipline up to and including termination. 6.4 Political Activity Since the council may from time to time be funded in part by Federal funds, all Council employees are subject to Section 12(a) of the Hatch Act (5 USC Chapter 15) which prohibits: a) Use of official authority or influence for the purpose of interfering with an election or nomination for office, or affecting the result thereof. b) Directly or indirectly coercing, attempting to coerce, commanding or advising any other official or employee to pay, lend or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency or person for a political purpose. c) All Council employees shall also be governed by the provisions of Sections and , Florida Statutes regarding prohibiting political activity while on duty, political pressure, discrimination, and influence or coercion. Nothing herein contained shall be construed to restrict the right of the employee to hold membership in and support a political party, to vote as they choose, and during off-duty hours as a private citizen without reference to the Council or their position to: express opinions of on all political subjects and candidates, to maintain political neutrality, to attend political meetings after working hours, or to campaign actively during off-duty hours in all areas of political activity. 6.5 Press Information Expressions of official Council policy or related information to the press shall be made only by the Executive Director or designee. Any requests by the press shall be directed immediately to the Executive Director. 6.6 Safety The welfare and safe conduct of its employees is important to the Council. Disregard for rules and regulations designed to assure health and safety may be a basis for disciplinary action. Employees are expected to promptly report promptly any injury or illness immediately to the Executive Director. Revision: 29 TCRPC Personnel Policy

108 6.7 Sexual Harassment It is the policy of the Council to maintain a work environment that is free from all forms of harassment or intimidation. Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, national origin, age or disability, or that of his or her relatives, friends, or associates, and that: (a) (b) (c) has the purpose or effect of creating an intimidating, hostile, or offensive working environment; has the purpose or effect of unreasonable unreasonably interfering with an individual s work performance; or otherwise adversely affects an individual s employment opportunities Further, It is the policy of the Council to maintain a working environment free from all forms of sexual advances or requests for sexual favors. Other verbal or physical conduct of a sexual nature which has the effect of unreasonably interfering with an individual s work performance or which creates an intimidating, hostile, or offensive work environment are is likewise a serious violations of our policy and will not be condoned or permitted. You should also be All employees are hereby made aware that no supervisor or other member of management is authorized to make any employment decision whatsoever because of an employee s submission to or rejection of sexual conduct or advances. Supervisors and managers are instructed not to date employees they supervise or to make welcome or unwelcome sexual advances toward any employees. No supervisor or other member of management has the authority to suggest to any employee that the employee s continued employment or future advancement will be affected in any way because the employee enters into or refuses to enter into any form of sexual or other personal relationship with the supervisor or member of management. No supervisor or member of management may coerce an employee into a sexual relationship and then reward the employee. No supervisor or manager may take disciplinary action against an employee or deny a promotion, transfer, award, etc. to an employee because he or she has rejected sexual advances Any employee who is subjected to any form of harassment or intimidation should immediately contact the their supervisor or the Executive Director. In the event that the complaint is regarding the Executive Director, the employee shall contact the Chairman of the Budget/Personnel Committee. All complaints of harassment will be promptly and confidentially investigated. Any employee who violates this policy will be subject to appropriate disciplinary action up to and including termination. Revision: 30 TCRPC Personnel Policy

109 6.7.4 The registering of a complaint will in no way be used or held against the employee, nor will it have an adverse impact on the complaining individual s employment status If you have any questions regarding our policy, please contact your supervisor or the Executive Director. 6.8 Smoking It is the policy of the Council to provide a smoke-free environment. Consistent with the provisions of the Florida Clean Indoor Air Act, Section Chapter 386 Part II, Florida Statutes, there shall be no smoking in Council offices or Council vehicles. Employees who violate this smoke free policy will be subject to progressive disciplinary action outlined in Section Solicitation No employee, Council member, or any other person may solicit contributions, sell tickets, or take orders for any cause or function to a Council employee or to a member of the general public while on duty or in any Council facility, unless approved by the Executive Director Substance Abuse It is the policy of the Council to provide a drug free work place. All employees are required to report to their jobs in appropriate mental and physical condition, ready to work. If an employee may be impaired because of taking medication according to a doctor s prescription or the medication s directions, they are expected to discuss it with their supervisor before commencing work that day. Employees who have drugs or alcohol in their systems may impair their ability to perform their duties at full, efficient capacity. Impaired judgment on their part may have serious consequences for the Council through increased safety risk, potential accident liability, increased workers compensation liabilities, and potential faulty decision making. Possession of drugs or alcohol while on duty or in the workplace shall be grounds for immediate termination. Employees whose behavior or performance suggests the influence of alcohol, drugs, or controlled substances may be required to submit to a drug or alcohol test, if requested by the Executive Director. Refusal to submit to such test shall be grounds for termination Use of Council Property Council employees shall not use Council property, equipment or vehicles except in the performance of official duties, or unless approved in advance by the Executive Director in writing. Revision: 31 TCRPC Personnel Policy

110 6.12 Honesty No employee shall make any false statement, certification, or recommendation of any appointment under any provision of the Personnel Policy or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of the Personnel Policy with regards to employment, promotion, or transfer. Furthermore, no employee shall make any false statement, certification, or recommendation in the conduct of the Council s business and activities. Revision: 32 TCRPC Personnel Policy

111 DISCIPLINE AND GRIEVANCE Revision: 33 TCRPC Personnel Policy

112 SECTION 7 DISCIPLINE and GRIEVANCE 7.1 Discipline General Philosophy It is the intent of the Council that effective employee relations and communications will prevent issues and situations which necessitate disciplinary action. Should unacceptable behavior occur, the Council believes in progressive positive corrective measures to prevent recurrence. However, some behavior may merit instant dismissal. It is important to understand that employment with the Council is at-will which means that the Council may terminate your employment or you may resign at any time with or without reason or notice. Under the at-will policy, employees have no property interest in their jobs with the Council. 7.2 Types of Disciplinary Action A disciplinary action is a penalty invoked against an employee who fails to meet a preestablished and expected standard. In general, the disciplinary action should be taken progressively from the least to the most severe, depending upon the violation. A serious infraction may, however, warrant suspension or termination in the first instance. Some of the factors to be considered in assessing discipline shall include the nature and severity of the offense, the employee s length of service, time intervals between offenses, effectiveness of prior disciplinary actions, the employee s demonstrated willingness to improve, overall work performance, job attitude, and disciplinary actions previously administered to other employees for similar offenses. However, the weight, if any, to be given to each of these factors will vary with the nature and circumstances of the offense and will be determined in each case by the Executive Director Counsel - An appointment will be made with the employee to discuss the violation or unsatisfactory performance and to set reasonable goals and a timetable for improvement Verbal Warning - A verbal warning is issued and documented if the employee fails to meet reasonable goals for improvement within the stated timetable and a new deadline is set Written Reprimand A written reprimand is issued describing the violations or lack of performance, the date and time of the offense, and the desired corrective action. The Executive Director shall review the reprimand with the employee and a copy shall be placed in their personnel file Suspension The Executive Director may suspend an employee without pay. Suspension shall not exceed 10 days in any one instance and an employee shall not be suspended for more than 10 days in a calendar year except that an employee who has been indicted may be suspended until their guilt or innocence has been determined by the court. If the employee is acquitted or charges are dropped, they will be reinstated and will be entitled to recover lost wages and benefits. Conviction Revision: 34 TCRPC Personnel Policy

113 may, however, be grounds for termination. A suspension shall be in writing and include the reason, days or hours of suspension, date and time the employee is to return to work, and any other conditions the employee must satisfy to return to work. The Executive Director shall review the suspension with the employee and a copy shall be placed in their personnel file. No sick leave, annual vacation, or holiday leave will accrue to the employee while they are suspended Demotion The Executive Director may demote an employee to a position in another job grade with a lesser degree of responsibility with an appropriate reduction in pay. The demotion shall be in writing and include the reason, effective date, and new rate of pay. The Executive Director shall review the demotion with the employee and a copy shall be placed in their personnel file Termination The Executive Director may terminate an employee when prior disciplinary actions have not resulted in the desired corrective effect, or when other forms of disciplinary action would be insufficient to recognize the seriousness of the offense and correct the offense. Examples of offenses that would justify immediate termination include, but are not limited to, theft, felony conviction or misdemeanor conviction involving dishonesty, harassment, insubordination, and violation of the substance abuse provisions of Section The termination shall be in writing and include the reason, effective date, and any necessary next steps such as return of Council property, keys, etc. The Executive Director shall review the termination with the employee and a copy shall be placed in their personnel file. 7.3 Employee Response An employee shall have the right to reply in writing to any disciplinary action and have that written reply included in the employee s personnel file next to the written record of any disciplinary action taken. 7.4 Causes for Disciplinary Action Although we list most of the rule below, the listing is not intended to be all inclusive, but is intended to be typical of types of actions that may lead to discipline up to and including termination. Although disciplinary action may be based on other causes, any one or more of the following actions may be considered cause for discipline This list is not intended to be exhaustive or all inclusive: a) Negligence, incompetence, or inefficiency in the performance of duty; b) Insubordination; c) Unauthorized absences or excessive absenteeism or tardiness; d) Offensive, discourteous, harassing or unprofessional conduct toward other employees or members of the public, or employees of other entities or agencies, including violation of the Council s Harassment Policy; e) Failure to comply with any of the policies or procedures of the Council; Revision: 35 TCRPC Personnel Policy

114 g)f) Engaging in activity on or off the job that would cause disfavor or potentially damage the image or effectiveness of the employee and/or the Council with the public or with other entities; h)g) Misuse, abuse, or causing damage through either negligence or willful conduct to public Council supplies, equipment, or property or the property of others; i)h) Attempting to use or threatening to use political influence in securing or attaining a position, or in securing promotion or individual salary increase or otherwise influence individual terms and conditions of employment. Soliciting elected officials to intercede for or attempting to influence Council members of Title Supervisors to intercede in personal matters; j)i) Providing false and misleading information or documents or omitting requested information. This includes information provided in the hiring process and in securing benefits; k)j) Misappropriating Council or public funds; appropriating Council or public funds or property for personal use; or improperly disposing of Council or public property or funds; l)k) Possession or us use of alcohol or illegal drugs while on duty, reporting for duty with the presence of drugs or alcohol in your body, or any violation of the substance abuse policy; m)l) Engaging in any conduct that would endanger the safety of the employee, the public, or other employees; n)m) Engaging in unauthorized activity; o) Misuse or abuse of property or equipment of the Council, public or others. n) Failure to notify the Executive Director within one working day of suspension or revocation of the employee s driver s license when their job requires such license; o) Attempting to induce any Council employee to violate any law or Council policy; and p) Violation of the Standards of Conduct and Code of Ethics (Section 6) Grievance Process Appeals In the case of suspension, demotion, or dismissal termination, a regular employee shall be furnished with a written statement of the action being taken and why it is being taken. However, the providing of this written statement should not be construed as requiring that the employer must only take the action for cause, since employment with the Council is at-will. Such employee may, within ten working days after such action becomes effective, file with the Chairman of the Budget/Personnel Committee a written request for a hearing. Such request must include the individual s current mailing address. Upon receipt of such a request, the Budget/Personnel Committee Chairman shall schedule a hearing to be held within 30 days of receipt of the request. The committee Chairman shall provide written notice, being mailed or delivered to the employee at a current mailing address, not less than seven calendar days before the hearing. The Budget/Personnel Committee shall approve or disapprove of the action of the Executive Director; and in the case of approval, the action shall be final. In the case of disapproval, the Budget/Personnel Committee may reinstate the employee under such conditions as it deems proper, and may order payment to the employee of any or all compensation lost as a result of the suspension, demotion or dismissal termination. Revision: 36 TCRPC Personnel Policy

115 Right of Employees Employees have the right to present grievances, including complaints of discrimination on the basis of race, color, creed, religion, sex, national origin, political affiliation, age, marital status, family status, pregnancy, working conditions or disability, or regarding working conditions. The grievance shall be filed, in writing, with the employee s supervisor. The right to present grievances shall be free from restraint, interference, discrimination, or reprisal. However, no matter appealed under section shall be subsequently eligible for consideration under section as a grievance. Any matter involving demotion, suspension, or dismissal termination shall not be subject to action under this section, but shall be subject to the provisions of Section of this policy Supervisory Responsibility Supervisors, at all levels, shall receive and act promptly and fairly upon employee grievances Grievance Procedure Any grievance shall first be referred to the employee(s) supervisor, and if not resolved with mutual satisfaction by the supervisor within ten working days, the matter shall be referred to the Executive Director or his designee. The director or his designee shall interview all concerned parties to determine the facts and make a determination and final settlement of the grievance. The final resolution is subject to the right of appeal using the process provided under Section Grievance against the Executive Director The procedure within Section shall be followed, except that the grievance will be first filed with the Executive Director and if not resolved, shall be referred to the Chairman of the Budget/Personnel Committee who shall interview all concerned parties to determine the facts and make a determination and final settlement of the grievance. The final resolution is subject to the right of appeal using the process provided under Section Revision: 37 TCRPC Personnel Policy

116 APPENDIX A (revised ) Job grades and salary pay ranges authorized by Council are as follows: Job Grade Salary Pay Range Receptionist/Administrative Assistancet $18,000- $25,000 $9.00 to $15.00 per hour Accounting Clerk $25,000-$45,000 $13.00 to $20.00 per hour Planning Technician $27,000-$47,000 Administrative Supervisor $33,000-$65,000 $70,000 Regional Planner $30,000-$70,000 $80,000 Accounting Manager $36,000-$70,000 Principal Program Coordinators $55,000 - $110,000 $115,000 Urban Designer/Town Planner $35,000-$80,000 Deputy Executive Director $85,000-$120,000 $130,000 Executive Director $100,000-$150,000 Revision: 38 TCRPC Personnel Policy

117 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 8 From: Date: Subject: Staff May 19, 2017 Council Meeting Florida Department of Transportation Complete Streets Policy Introduction The purpose of this item is to provide a review and recommended revisions to the draft Florida Department of Transportation (FDOT) Complete Streets Handbook, which was published for review on April 25, This handbook is intended to help implement FDOT s Complete Streets policy, adopted in September 2014, to promote safety, quality of life, and economic development in Florida. Within that policy, the Department specifically recognized Complete Streets as context-sensitive facilities that require transportation system design to consider local land development patterns and the built form. The Handbook was developed after FDOT conducted a state-wide, year-long effort, including participation by Council as well as other partner agencies to evaluate existing conditions, FDOT documents and manuals, and develop a new Complete Streets approach for the state transportation network. Background More than twenty years ago, the Federal Highway Administration released guidance encouraging context-based transportation planning and design to improve safety, function, and sustainability of communities. Safety improvements in particular have been highlighted as a key benefit for multi-modal transportation networks that balance the needs of all users and integrate land use conditions in their design. National studies have consistently identified Florida s transportation network as one of the most dangerous in the nation for pedestrians and bicyclists. For example, the 2016 Dangerous by Design publication by Smart Growth America, the State of Florida was ranked as the most dangerous state in the nation for pedestrians due to the high number of injuries and fatalities on the state transportation network. In September 2014, FDOT responded to growing concerns about dangerous conditions for pedestrians and bicyclists with the adoption of the Statewide Complete Streets Policy. The goal of this policy is to improve safety, quality of life, and economic development in Florida by advancing a context-sensitive system of Complete Streets that considers the full range of users on the multi-modal transportation network: cyclists, motorists, pedestrians, transit riders, and freight handlers. To implement this policy, FDOT indicated it would coordinate with the full range of transportation partners, including local governments, metropolitan planning

118 DRAFT Subject to Modifications organizations, transportation agencies, and fully integrate the Complete Streets policy into the Department s manuals, guidelines, and related documents for implementation. In 2015, FDOT initiated a broad, multi-agency effort to objectively and thoroughly evaluate regulatory documents, manuals, and procedures; and identify changes needed to advance Complete Streets through context-sensitive design. Council was invited to participate in this year-long effort, which was facilitated by Smart Growth America, a nationally recognized leader in the application of these concepts. The Complete Streets Handbook is a key implementation manual to assist FDOT, local governments, metropolitan/transportation planning organizations (MPO/TPOs), and other partners with guidance and criteria to advance a holistic readdress of the state s transportation network. The approach fully integrates local land use patterns and is designed to address the transportation needs of system users of all ages and abilities, regardless of mode choice. The Handbook is aligned with the Florida Transportation Plan, which is the statewide long-range transportation plan guiding Florida s transportation future. Analysis The Complete Streets Handbook provides a detailed overview of Complete Streets and how they may be implemented across the state s transportation network. It includes: An explanation of FDOT s Complete Streets approach and principles for state roads; Guidelines for FDOT s collaboration with local and regional partners; Definitions of context classifications used for state roads; Guidelines for applying a Complete Streets approach to state projects; Guidelines for roadway design considerations; Appendix A describing land use tools to support safe and comfortable multi-modal travel; and Appendices B-F providing context classification case studies, calculation of floor-area ratios, proposed design speed ranges by context, sample FDOT context classification letters of agreement for local governments, and a list of handbooks and guidance documents with tools for Complete Streets implementation. Each of these components is evaluated below. FDOT s Complete Streets Approach and Principles The cornerstone of FDOT s Complete Streets approach is the recognition that a context classification is needed to enable different types of transportation facilities to be designed in a manner that is appropriate for the different types of land use conditions in which they are located. While a high-speed rural context may be appropriately served by a facility with wider travel lanes and minimal bicycling and pedestrian features, an urban context requires facilities that are expressly multi-modal with design features to slow traffic and features that supports economic development and encourages bicycling and pedestrian activity. The Handbook includes a composite illustration that depicts the range of context classifications identified for Florida s varied geography, arrayed from the lowest intensity natural and rural conditions to the urban conditions with the highest density and intensity. 2

119 DRAFT Subject to Modifications As illustrated in the transect image above, FDOT s Complete Streets approach establishes a context classification that acknowledges land use patterns in Florida range from the natural/rural to urban core. Accordingly, the approach anticipates transportation facilities will be provided in a form that corresponds to the place and character in which they are located. This provides for variation and design flexibility regarding roadway dimensions, amenities, access, and function. 3

120 DRAFT Subject to Modifications Context Classifications Used for State Roads The Handbook provides a context classification matrix that differentiates classifications by land use, building heights, building placement, fronting uses, location of off-street parking, and roadway connectivity (e.g., intersection density, block perimeters, and block length). It also includes secondary measures such as residential density, non-residential intensity, and population and employment density. There are several measures that should be added into the list of primary measures for the definition of context classification: (1) the location of on-street parking, and (2) the alley network (as a measure of roadway connectivity). Both of these measures should be addressed in detail in the narrative and illustrations provided to more completely define context and recognize the benefits these features can provide in creating a sense of place, calming traffic, protecting bicyclists and pedestrians, and improving connectivity. This chapter also provides a series of factors for the identification of roadway-specific transportation travel demands, including land uses, vehicular trip types, travel patterns, the types of pedestrians and bicyclists, transit users, and freight. While the Handbook includes a broad approach to pedestrian considerations, the approach for bicycling facilities is too narrow and should be expanded to consider parallel and alternative bicycling facilities as well as those facilities provided within a subject roadway. This revision would create additional flexibility for communities to more efficiently plan for their mobility needs and enable more context-appropriate transportation facilities as prioritized locally. Collaboration with Local and Regional Partners The Handbook emphasizes the value of establishing regional and community visions to help define contexts. These approaches can engage both public and private partners and help inform land development regulations and policies. In particular, the Handbook notes the efficiency of early collaboration between FDOT and local governments to identify the context classification of a roadway and synchronize the land use/transportation relationship. MPO/TPOs are identified to assist in clarifying and defining visions and infrastructure design and funding. The chapter also identifies transit agencies, regional planning councils, and private sector stakeholders as key partners. In addition to the construction of new facilities, the Handbook highlights the opportunities presented by maintenance and resurfacing projects to spur the redesign of transportation facilities to better complement surrounding land use patterns. Applying a Complete Streets Approach to State Projects The Handbook acknowledges that Complete Streets are not a specific type of project. Instead, Complete Streets represents an approach to ensuring that projects are designed according to their unique context. An approach is presented to provide that FDOT consistently consider the context throughout the design, engineering, development, and implementation process. Early screening is recommended at the onset of project initiation to gain stakeholder input and broaden due diligence to further inform context classifications. The chapter includes a series of measures to be considered by mode; however, two key measures are missing: the presence of on-street parking and presence of alternative and parallel bicycle facilities. This chapter 4

121 DRAFT Subject to Modifications should be modified to integrate these measures as well as a broader consideration of parking location and its contribution to a park once environment. The chapter describes the review processes for different types of FDOT projects, including those carried through the Efficient Transportation Decision Making (ETDM) process as well as other FDOT projects that are screened independently. While the ETDM process notes the review of all applicable local documents (e.g., comprehensive plans, master plans, redevelopment plans, and other vision-based documents), the alternative review process omits these local documents in early screening. This section should be amended to include emphasis on the review of all applicable local documents to fully inform context considerations. The implementation chapter also includes a discussion of funding and maintenance of Complete Streets. Throughout the Handbook, there is emphasis on the value of leveraging routine maintenance projects, such as resurfacing, restoration, and rehabilitation (RRR) projects, to create Complete Streets. However, the chapter notes there is no separate FDOT funding category or source to advance this effort. To more effectively implement Complete Streets, a separate funding source should be established within the seven FDOT districts that could be accessed by MPO/TPOs for qualifying local government projects. This would accelerate the safety improvements provided by this approach and create potential to leverage state funding with other public and private funds for faster implementation. Roadway Design Considerations The final section of the Handbook is a detailed discussion of the context-based design controls utilized by FDOT for project design. This includes design users, design vehicles, design speeds, and traffic characteristics. A comprehensive discussion is provided regarding the needs of different users (e.g., drivers, pedestrians, bicyclists) in different contexts and questions that should be raised regarding how to best accommodate their needs. Additional guidance is provided regarding different types of design vehicles and the relationship between roadway speeds and roadway design. The chapter suggests levels of service be considered for all users - vehicles as well as pedestrians, bicyclists, and transit users. Additionally, this chapter emphasizes that roadways are part of a larger interconnected system that includes public rights-of-ways as well as the land use context within which they exist. Further, FDOT facilities are noted as part of a context-sensitive system of Complete Streets. A fine-grained system of roadways and crossing opportunities produces efficiency, reduces delay, and improves choices for the traveling public. More travel choices and multiple intersections enable smaller, safer roadways that can share the roadway demand instead of wider facilities and intersections that create barriers for bicyclists and pedestrians. This chapter also describes transition zones between various contexts with design guidance to help improve driver behavior. As noted for previous chapters, this chapter should also be revised to include on-street parking and the presence of parallel and alternative bicycling facilities. Further, an emphasis on local design guidance should be integrated into the network discussion, to highlight the leadership role of local governments in determining prioritization of facility types within their communities. 5

122 DRAFT Subject to Modifications Appendix A - Land Use Tools to Support Safe and Comfortable Multi-modal Travel Appendix A includes a detailed overview of land use tools available to local governments to help advance Complete Streets. Because the transportation/land use planning process is iterative and interdependent, this section recommends local government land use and FDOT transportation planning decisions should be coordinated and collaborative. A series of local government tools is presented, including local network connectivity, investments in local multi-modal infrastructure and network plans, zoning, site design and building placement, access management, and parking standards. Consistent throughout the Handbook and again in the land use appendix is the omission of on-street parking as a beneficial consideration for Complete Streets. This section should be modified to add language describing on-street parking; its benefits to safety, quality of life, and economic development; the significant protections on-street parking provides for pedestrians; and its inclusion as part of the Complete Streets toolbox. Additional Handbook Appendices The balance of the Handbook includes valuable documents and reference materials to advance Complete Streets implementation. Conclusion The FDOT Complete Streets Handbook provides thorough and thoughtful guidance to enhance the state s transportation network in a manner that will promote safety, quality of life, and economic development across the State of Florida. FDOT utilized a thorough process, with broad participation and nationally recognized partners, to objectively evaluate the state s transportation network, regulatory and guidance documents, and produce a comprehensive approach to delivering a Complete Streets network over time. The Handbook employs a cuttingedge approach by recognizing the variation among different contexts, defining a range of context classifications and context-sensitive design features, and holistic roadway design considerations that embrace and integrate land use conditions. The Handbook lays out a step-by-step approach for roadway planning and design that celebrates local government leadership in land use planning and placemaking. Further, the Complete Streets Handbook emphasizes the value of establishing meaningful community and regional visions with broad public input for better integrated outcomes that can more effectively leverage transportation investments as part of an integrated land use/transportation system. There are several key considerations missing among the measures detailed throughout the Handbook, including on-street parking, the presence of alley networks, and alternative and parallel bicycle facilities. In addition, the Handbook would be improved by calling for non- ETDM projects to also review local plans and for all projects to integrate local design guidance. In addition, implementation would benefit greatly from a designated Complete Streets funding source. By revising the Handbook to include these measures as described above, the application of Complete Streets will be more comprehensive, enable more meaningful local government participation, and provide the appropriate flexibility for Complete Streets to be applied in all context classifications as envisioned. 6

123 DRAFT Subject to Modifications Recommendation Council should approve the staff report evaluating the FDOT Complete Streets Handbook for transmittal to the Florida Department of Transportation. 7

124 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 9 From: Date: Staff May 19, 2017 Council Meeting Subject: Regional Full-Scale Exercise After-Action Presentation Introduction The State Homeland Security Grant Program (SHSGP) was initiated by the U.S. Department of Homeland Security through the Federal Emergency Management Agency. The program was developed to support implementation of risk-driven, capabilities-based planning, training and exercise activities to prevent, protect against, mitigate, respond to and recover from acts of terrorism and other catastrophic events in local and regional communities. The program emphasizes updating and maintaining county, municipal and regional emergency operation plans. The Region 5 Regional Domestic Security Task Force (RDSTF) is comprised of nine counties including Indian River, Martin, and St. Lucie. Funding was provided to Region 5 RDSTF to conduct exercises that support operational readiness of first-responder disciplines such as law enforcement, fire rescue, emergency management, and departments of health. The 2017 SHSGP funding provided the opportunity to conduct a full-scale exercise in a regional atmosphere where response agencies could practice multi-jurisdictional public safety coordination and response operations. Background Council staff facilitated and supported the full-scale exercise Operation Troubled Waters on April 12, 2017 conducted in Indian River, Martin and St. Lucie counties. The exercise was comprised of thirty-four emergency first-responder agencies participating and responding to 10 geographically diverse locations. Incident sites included FAU Harbor Branch Oceanographic Institute; Tradition Irrigation Water Plant; Witham Field; Emergency Operations Centers (Indian River, Martin and St. Lucie counties); Lawnwood Regional Medical Center; and Martin Health Systems North, South, and Tradition hospitals. The purpose of the exercise was to identify strengths and areas to improve in operational readiness and to strengthen preparedness in response to regional terrorism/mass casualty incidents. The forty-five member exercise committee met over a period of 7 months to build a scenario with defined goals and objectives that supported the local, regional, State, and Federal

125 DRAFT Subject to modifications mission of public safety through multi-jurisdictional communication and coordination, responder mutual aid, and resource management. The exercise scenario developed around a violent agricultural activist group that had stolen toxic chemicals attempting to poison an irrigation water supply. The terrorist plot was foiled by a vigilant citizen, however the terrorists destroyed the evidence in three locations thereby causing large populations to be affected by chemicals through inhalation and skin exposure. In addition, improvised explosives were used to threaten first-responders and the Indian River Lagoon Intracoastal Waterway was contaminated through chemical dumping. Post-exercise, Council staff has compiled site specific evaluations and will conduct a regional committee after-action conference to discuss exercise outcomes to further develop a matrix of tasks to help agencies focus on areas where readiness and preparedness may be improved and to capitalize on strengths of current capabilities. The after-action report will also allow agencies to address future operational plan updates and specific training needs. Council would like to thank the exercise committee for their time and effort in planning, logistical support and dedication of staff and resources. The exercise would not have been successful without the Indian River, Martin and St. Lucie County emergency management and local first-responder agencies that provided real play and resources to exercise operational tasks and plans. In addition, State and Federal agencies - Florida National Guard 48 th Civil Support Team, the U.S. Coast Guard Fort Pierce, Florida Fish and Wildlife Conservation Commission, and the Department of Environmental Protection were all integral to the success of this exercise. Several volunteer agencies and schools provided incident victims to role play symptoms so that hospitals, law enforcement and fire rescue could practice realistically. Finally, a special thank you to the Department of Health which supported the exercise through injury moulage for volunteer victims at multiple locations. Recommendation For information only. 2

126 DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 10 From: Date: Staff May 19, 2017 Council Meeting Subject: Update on Florida Regional Councils Association Background Florida Regional Councils Association (FRCA) is an alliance of the 10 Regional Planning Councils (RPC) composed of 30 members. Three councilmembers are appointed from each of the 10 RPCs to make up the membership of the Policy Board. Treasure Coast Regional Planning Council membership on the FRCA Policy Board this year includes: Chairman Doug Smith, Commissioner Tod Mowery, and Vice Chairman Reece Parrish; with Commissioner Peter O Bryan and Councilmembers Michael Davis and Tobin Overdorf serving as alternates. The 10 RPC executive directors serve as the Policy Board s staff and function as an advisory committee controlled by the Board. FRCA employs an Executive Director and a part-time Statewide Coordinator to support FRCA s daily operations FRCA s purpose is to: further the interests of RPCs in Florida; promote the delivery of RPC services to local government; improve relationships and information exchange between RPCs and local government; promote mutually supportive goals and policies among member RPCs; and assure RPCs are effective and relevant organizations to the people of Florida. FRCA has recently completed a comprehensive rebranding effort focused on improving public outreach and education about the necessary and good work provided statewide by the RPCs. The purpose of this effort was to better position RPCs for the future and increase public and private sector awareness about their value and relevance statewide. Highlights of the rebranding effort include: FRCA rebranding with new logo, tag line, color scheme and mission statement FRCA website relaunch Institution of a monthly FRCA electronic newsletter FRCA Brochure One page FRCA leave-behind FRCA/RPC Communications Plan

127 DRAFT Subject to Modifications FRCA PowerPoint presentation Updated Distribution and Data Base Improved relations with Florida Association of Counties and Florida League of Cites Contracted with Florida Association of Counties to host, manage, update and distribute FRCA's new website, monthly e-newsletter, and contact list. A brief presentation will be provided at the Council meeting to provide further information about FRCA, RPC activity statewide, and the recent rebranding efforts. Recommendation Presentation for information purposes only.

128 COMMUNICATION PACKAGE MAY 2017 Article from USA Today dated April 28, 2017: Trump s oil-drilling order tests Florida s resolve 8 Page 1 Article from TCPalm dated April 28, 2017: Most dangerous highway close to home 3 Article from Palm Beach Post dated May 1, 2017: U.S. 27 road, rail project revived 6 from Florida Association of Counties dated May 2, 2016: PRIORITY UPDATE: Gov Declares Health Emergency Article from Palm Beach dated May 3, 2017: Finally, Scott declares opioid epidemic a public health emergency Article from Sun Sentinel dated May 4, 2017: Governor declares opioid epidemic a public emergency Article from Florida Trend May 2017 edition: Open Arms, No hands 17 Article from Florida Trend May 2017 edition: Addicted to Rehab 23 Employment Summary Treasure Coast Region April 21, Overview of the CareerSource Research Coast Region April 21, Overview of the CareerSource Palm Beach County Region April 21,

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