DDA Board Meeting Packet - January 2021

REGULAR BOARD MEETING Downtown Development Authority Tuesday, January 19, 2021 8:30 AM 300 Clematis Street Suite 200 West Palm Beach, FL 33401

CALL TO ORDER

Robert Sanders

PUBLIC COMMENTS AND QUESTIONS EXECUTIVE DIRECTOR REPORT

Raphael Clemente

PRESENTATIONS •

Rick Reikenis

The History of Sunfest

CONSENT CALENDAR (Action Required) •

Minutes of Regular Board Meeting December 15, 2020

•

Financial Statements of December 31, 2020

Robert Sanders

OLD BUSINESS NEW BUSINESS (Action Required) •

314 Clematis Update

Raphael Clemente

•

Security Ambassador Program Salary Adjustment

Raphael Clemente

•

Resolution No. 01-2021 supporting City Ordinance

Raphael Clemente

ANNOUNCEMENTS ADJOURNMENT

Ph: 561.833.8873 Fax: 561.833.5870 www.downtownwpb.com

MINUTES Regular Board Meeting Downtown Development Authority Tuesday, December 15, 2020 300 Clematis Street, Suite 200 West Palm Beach, FL 33401 Zoom Webinar https://us02web.zoom.us/j/83152336625 DIAL IN: 1-929-436-2866 US WEBINAR ID: 831 5233 6625

ATTENDANCE Board Members in attendance included Chairman Robert Sanders, Vice Chairman Rick Reikenis, Lisa Gerard, Mary Hurley Lane (via Zoom), William Jacobson, Cynthia Nalley, and Upendo Shabazz. DDA staff in attendance included Raphael Clemente, Teneka James-Feaman, Sherryl Muriente, Shelly Williams, and Max Lohman Esq. (Lohman Law Group). DDA staff in attendance via Zoom included Michelle Barascout, Tiffany Faublas, and Samantha Moore. Guests in attendance via Zoom included Shana Ostrovitz, Paul Jamieson, Jervonte Edmonds, Todd Stone, Sharon Persaud, Kelly Husak, Ann Marie Puente, Brandon C., Amiekay Richcrick, Nicholas Mohnacky, Marcela Sikora.

CALL TO ORDER Chairman Sanders called the meeting to order at 8:32 a.m.

PUBLIC COMMENTS No public comments.

PRESENTATIONS Marketing/PR Update Faublas provided an update on Marketing and Public Relation efforts for the last quarter. She highlighted recent social media campaigns: Masks on Photo Contest, National Yoga month featuring full moon virtual yoga, Hispanic Heritage Month with a panel discussion, National LGBTQ History Month featuring a series of discussions led by Compass to raise awareness and understanding. Faublas also shared current Holiday contests, the new commercial for the holidays airing on Comcast now, and what’s coming soon.

Placemaking Update Muriente provided an overview of what Placemaking is and reviewed placemaking projects the DDA has created over the last couple years. She explained how the DDA’s placemaking projects pivoted to continue online during COVID-19. Live Music and Wellness programs were moved to Virtual programming on Zoom and The Dinning on the spot program was created to provide restaurants with temporary additional outdoor seating following socially distant guidelines. Muriente shared the results of data collected showing the peaks for different days, times, and street blocks.

CONSENT CALENDAR Minutes of Regular Board Meeting November 17, 2020 Board Action: Reikenis made a motion to approve the Minutes of November 17, 2020 Regular Board Meeting. Shabazz seconded the motion. The motion passed unanimously.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

Financial Statements of November 30, 2020 Board Action: Reikenis made a motion to approve the Financial Statements of November 30, 2020. Shabazz seconded the motion. The motion passed unanimously.

NEW BUSINESS Police Athletic League (PAL) James-Feaman explained that previously the DDA has partnered with Related Group, the Police Department, and others to support programs and projects that provide evening activities for juveniles in the Downtown area. This includes not only supporting programs that provide activities for young people, but also in the creation and enforcement of policies like the juvenile curfew ordinance. The Police Athletic League (PAL), has historically been an effective service provider for young people in the Downtown area.

Recently staff met with PAL’s Executive Director Jervonte Edmonds, to discuss their programs and the DDA’s continued support of the important work that PAL does in the local community.

Edmonds reported how PAL was able to utilize funds received in 2020 for programming and equipment.

PAL staff has been working to update the facility with a new fence, purchasing laptops, and updated wifi. Edmonds added that in 2021 PAL staff plans to create more programming for the children including building a garden that they will maintain, working with local businesses to learn about different trades, and equip them with resources to set themselves up for a brighter future. DDA Staff is requesting Board approval to renew the DDA’s sponsorship of PAL’s programs in February 2021, in the amount of $25,000.

Board Action: Hurley Lane made a motion to approve PAL sponsorship of $25,000. Reikenis seconded the motion. The motion passed unanimously.

SunFest After taking a brief pause in a 36-year run, SunFest will be back in 2021 with a revamped festival. Their new plan will no longer include a gated entrance into the festival. Two separate ticketed concert areas, with limited capacity, will be created for individual concerts. Other activities such as art shows, local music, and street performers would be spread throughout downtown West Palm Beach and open to the general public. This concept would allow patrons to ‘create their own SunFest’ and engage with others only to the degree they feel comfortable. Historically the DDA has collaborated with Sunfest but has never been a sponsor of the event. With the new open format, and the significance of this event to the cultural identity and economic success of our Downtown District, it is a great opportunity for the DDA to support this event in its new format. Paul Jamieson, SunFest’s Executive Director, presented the plan for SunFest 2021 and answered board questions.

Board Action: Gerard made a motion to approve SunFest sponsorship of $25,000. Shabazz seconded the motion. The motion passed unanimously.

OLD BUSINESS Project 1909 Update and Matching Grant Request 1909 is a non-profit coworking, business mentorship, and entrepreneurial support organization located at 313 Datura Street. In response to the dramatic impacts of Coronavirus on businesses in West Palm Beach, PROJECT 1909 was created as a capacity building initiative to support local businesses. As part of 1909’s ongoing partnership with the Knight Foundation, Knight has agreed to match any funds 1909 raises, up to $25,000 for this project. The DDA supported PROJECT 1909 with a grant of $12,500 in June 2020.

The funds were matched dollar for dollar by the Knight Foundation to help businesses in Downtown West Palm Beach.

PROJECT 1909 has been able to assist local businesses by providing expertise for necessary changes to their operations, technology, marketing, or other elements of their business model. The work is performed by local businesspeople that are affiliated with or sourced by 1909. Shana Ostrovitz, Executive Director for 1909, provided an update on the program highlighting that so far 13 microgrants have been 300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

awarded, and 22 jobs created. She showcased how some of the businesses were assisted including updating websites, online ordering, and creating social media strategies. Ostrovitz then shared lessons learned and plans for future projects if additional funding is awarded. Staff recommends funding the grant program with an additional $12,500 to assist businesses in the DDA District.

Board Action: Shabazz made a motion to approve funding request of $12,500 to PROJECT 1909. Gerard seconded the motion. The motion passed unanimously.

Speak Creative Addendum In 2019 the DDA Board approved to begin the Website RFP process, which was awarded to Speak Creative.

Prior to Speak Creative beginning the creative process, the new downtown brand needed to near to completion and identify a few key deliverables including colors and fonts. During the November board meeting Ideabar showcased the new Downtown West Palm Beach brand identity, including logo and tagline, and creative expressions of the new brand. Staff has met with Speak Creative to establish a new timeline for this project. The new website will be launched in the first quarter of the calendar year 2021.

Staff is requesting approval of the contract extension through April 30, 2021.

Board Action: Shabazz made a motion to approve the Speak Creative contract extension through April 30, 2021. Nalley seconded the motion. The motion passed unanimously.

Tier One Grant Application and Update In October, the board approved nine (9) applicants with one tentative application from One X1 Salon.

The committee recommended approval of the application, upon receipt of the updated lease agreement. Staff is requesting approval of the following: TIER ONE GRANT APPLICATION STATUS APPROVED

BUSINESS NAME

ADDRESS

RENT

AWARD AMOUNT

One X1 Salon

AWARD AMOUNT OVER 6 MONTHS $6,000.00-

305 Gardenia $2,000.00 $1,000.00 Street Board Action: Gerard made a motion to approve One XI Salon’s Tier One Grant Application as presented. Shabazz seconded the motion. The motion passed unanimously.

James-Feaman then reviewed the Tier One Grant program overall since first approved last year. 33 applications received, 21 approved, and 220,000 has been allocated to businesses in Downtown. Based on the impact of COVID-19 and downtown businesses need for assistance, James-Feaman asked for board discussion regarding approving an additional $125,000 for the Tier One Grant program.

Board Action: Jacobson made a motion to approve additional funding of $125,000 for the Tier One Grant program. Shabazz seconded the motion. The motion passed unanimously.

ANNOUNCEMENTS Nalley announced that the West Palm Beach City Commission Palm Beach approved the first reading of Ordinance No. 4919-20. Ordinance No. 4919-20 regulates and prohibits certain conduct that would negatively affect the aesthetic beauty and the health, sanitation, and public safety of the City’s Downtown and Northwood Areas. It does this by: (1) prohibiting panhandling or soliciting in the Downtown and 300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

Northwood Areas; (2) regulating sleeping and “camping” in those areas; and (3) prohibiting public indecency, public urination, and public defecation.

Clemente asked the board to complete the Executive Director Annual Review’s sent via SurveyMonkey.

ADJOURNMENT There being no further business to discuss, Sanders called for a motion to adjourn.

Board Action: Reikenis made a motion to adjourn the meeting at 10:18 a.m. Jacobson seconded the motion. The motion passed unanimously.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

West Palm Beach Downtown Development Authority Balance Sheet December 31, 2020 ASSETS Current Assets

PNC Bank Operating Seacoast Bank - Money Market Petty Cash

4,651,570 159,338 50

Total Current Assets Other Assets Lease Security Deposit

4,810,958

23,000

Total Other Assets

23,000

Total Assets

4,833,958

CURRENT LIABILITIES

Due to Lincoln National Vision Premium Payable Flexible Spending Withholding Suppl Med Ins. Premium Payable

(241) 81 286 380 506

Fund Balance Net Income

3,627,212 1,206,240

Total Fund Balance

4,833,452

Total Liabilities and Fund Balance

4,833,958

No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Statement of Revenues And Expenditures December 31, 2020 Month

Year-to-Date

Trolley Gross Annual

Budget

Budget

%

2,054,269

4,933,242

41.6%

116,889 253,604 55,955 109,642 11,696 6,288 1,243 208,519 30,268 44,849 7,767 1,309 0 848,029

1,034,982 1,168,600 1,667,000 1,364,961 126,300 35,800 196,000 875,285 0 190,000 18,000 15,000 313,018 7,004,946

11.3% 21.7% 3.4% 8.0% 9.3% 0.0% 0.6% 23.8% 0.0% 23.6% 43.2% 8.7% 0.0% 12.1%

Current Year Revenues - Schedule 1 Expenditures Business Development - Schedule 2 Public Realm Maintenance - Schedule 3 Marketing/Public Relations- Schedule 4 Neighborhood Services - Schedule 5 General Office - Schedule 6 Operations - Schedule 7 Professional Services - Schedule 8 Total Personnel Expense Insurance Expense Rent Expense Tax Collection Travel and Training Reserves Total Expenditures

1,740,243

Current Year Surplus (Deficit)

1,442,915

1,206,240

305 110,629 110,934

61,550 341,950 403,500

380,000 1,727,500 2,107,500

1,553,849

1,609,740

35,796

DDA Carryforward CRA Carryforward

Total Carry Forwards Net Total Surplus (Deficit)

52,112 93,616 18,198 43,940 3,399 1,405 (1,719) 69,836 0 11,808 3,883 850 0 297,328

(2,071,704)

Work Plan

Services

Y-T-D

Y-T-D

2,041,569 29,286 253,604 0 (388) 11,696 6,288 1,243 208,519 30,268 44,849 7,767 1,309 594,441

Security

Y-T-D

Y-T-D

12,700

Incentives Y-T-D

0

0 87,603

55,955 10,688

99,342

10,688

55,955

99,342

87,603

(10,688)

(43,255)

(99,342)

(87,603)

61,550 101,062 162,612

0 10,688 10,688

0 43,255 43,255

0 99,342 99,342

0 87,603 87,603

1,609,740

0

0

0

0

1,447,128 16.2% 100.0% 0.0%

0

Marketing

No CPA provides any assurance on these financial statements.

Supplemental Schedules December 31, 2020 SCHEDULE 1 - CURRENT YEAR REVENUES

Gross

Trolley

Annual

Budget

Budget

%

Work Plan

Services

Marketing

Security

Incentives

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Current Year Revenues Tax Revenues TIF DDA/City Interlocal Agreement DDA/CRA Interlocal CRA Project Funding Interest Income Virgin Trains USA Ticket Sales Sponsorships Fees and Services Grants and Contributions Total Reimbursements Other Miscellaneous Income Rosemary Square MOU

1,740,105 0 0 0 0 49 0 0 89 0 0 0 0

2,052,241 0 0 0 0 155 0 0 1,873 0 0 0 0

2,285,771 (2,103,786) (75,000) 4,441,157 385,000 100 0 0 0 0 0 0 0

89.8% 0.0% 0.0% 0.0% 0.0% 155.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

2,039,541 0 0 0 0 155 0 0 1,873 0 0 0 0

0

Total Current Year Revenues

1,740,243

2,054,269

4,933,242

41.6%

2,041,569

0

Month

Year-to-Date

No CPA provides any assurance on these financial statements.

12,700

12,700

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules December 31, 2020 Gross Month

Year-to-Date

SCHEDULE 2 - BUSINESS DEVELOPMENT Property and Buss Incentives 35,715 Facade Improvements 0 Leasing/Brokers Meeting 0 Total Business Training and Support 6,888 Business Partnerships 9,509 Grand Open/New Business 0

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

87,603 0 0 17,432 9,509 2,345

450,000 75,000 26,000 382,982 83,000 18,000

19.5% 0.0% 0.0% 4.6% 11.5% 13.0%

0 0 17,432 9,509 2,345

52,112

116,889

1,034,982

11.3%

29,286

SCHEDULE 3 - PUBLIC REALM MAINTENANCE 13,855 Clean Team 7,460 Graffitti Maintenance 1,225 Landscape Maintenance 61,488 Holiday Lights 9,588 Signage & Pedestrial Wayfinding 0 Capital Projects/Alleys 0

74,295 14,920 3,225 87,535 73,629 0 0

350,000 97,000 25,000 371,600 125,000 50,000 150,000

21.2% 15.4% 12.9% 23.6% 58.9% 0.0% 0.0%

74,295 14,920 3,225 87,535 73,629 0 0

253,604

1,168,600

21.7%

253,604

Total Business Development

Pressure Washing/Street Clean

Total Physical Environment

93,616

87,603

No CPA provides any assurance on these financial statements.

0

0

0

87,603

0

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules December 31, 2020 Gross Month

SCHEDULE 4 - MARKETING/PR Collateral Materials

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

7,060 6,350 4,010 100 99 579 0

13,935 12,700 4,010 100 24,163 1,047 0

165,000 185,000 75,000 187,000 630,000 225,000 200,000

8.4% 6.9% 5.3% 0.1% 3.8% 0.5% 0.0%

18,198

55,955

1,667,000

3.4%

0

0 10,688 99,342 137 (525) 0

0 682,332 565,369 56,260 30,000 31,000

0.0% 1.6% 17.6% 0.2% -1.8% 0.0%

0

Residential Programming

0 2,625 41,703 137 (525) 0

137 (525) 0

Total Res. Services/Quality of Life

43,940

1,364,961

8.0%

(388)

PR/Marketing

Retail Promotion Value Added Events Advertising and Promotion Marketing Programs

Community & Cultural Promotion Total Marketing/PR

13,935 12,700 4,010 100 24,163 1,047 0 0

55,955

0

0

SCHEDULE 5 -NEIGHBORHOOD SERVICES Homeless Outreach

Transportation Security and Policing Public Space Programs Community Engagement

109,642

10,688 99,342

No CPA provides any assurance on these financial statements.

10,688

0

99,342

0

West Palm Beach Downtown Development Authority Supplemental Schedules December 31, 2020 Gross Month

SCHEDULE 6 - GENERAL OFFICE General Office Expense

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Equipment, Computers, Programs

673 0 2,726

1,086 20 10,590

25,000 23,300 78,000

4.3% 0.1% 13.6%

1,086 20 10,590

Total General Office

3,399

11,696

126,300

9.3%

11,696

Telephone Expense

305 267 83 150 600

2,550 339 138 161 3,100

16,000 7,000 3,500 300 9,000

15.9% 4.8% 3.9% 53.7% 34.4%

2,550 339 138 161 3,100

Total Operations

1,405

6,288

35,800

17.6%

6,288

General Postage

SCHEDULE 7 - OPERATIONS Dues Hospitality Board Meeting Publications

No CPA provides any assurance on these financial statements.

0

0

0

0

0

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules December 31, 2020 Gross Month

Year-to-Date

SCHEDULE 8 - PROFESSIONAL SERVICES Accounting 2,000 Professional Service (4,580) Audit 0 Studies and Surveys 0 Legal 861 Total Professional Services

(1,719)

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

4,000 (3,985) 0 0 1,228

24,000 75,000 27,000 50,000 20,000

16.7% -5.3% 0.0% 0.0% 6.1%

4,000 (3,985) 0 0 1,228

1,243

196,000

0.6%

1,243

Some rounding error may occur.

No CPA provides any assurance on these financial statements.

0

0

0

0

MEMO To:

DDA Board

Bob Sanders, Chairman Rick Reikenis, Vice Chairman Lisa Gerard Mary Hurley Lane William Jacobson Cynthia Nalley Upendo Shabazz

FROM: Raphael Clemente RE:

Security Ambassador Program Salary Adjustment

DATE: Tuesday, January 19, 2021

_________________________________________________________________________________________

In November of 2020 the City of West Palm Beach entered a contract for security services with PSC Security, the same contractor that provides security services to the DDA. Within the City’s contract with PSC is a clause that mandates the payment of a “living wage”, defined as an amount not less than $15 per hour.

Within the DDA’s most recent contract for services with PSC provides billing rates that do not allow for the payment of a “living wage” and as such, the PSC employees that provide services under the DDA contract are underpaid in comparison to their counterparts working under the City contract.

Though it has not been standard practice to include a “living wage” provision in contracts for services with private companies, in this case it seems prudent to adjust wages for PSC employees working under the DDA’s contract to reflect those of identical positions under the City’s contract to not create a disparity within what is intended to be a seamless program providing security coverage throughout the area.

Based on current wages paid to security ambassadors working for PSC under contract to the DDA, the fiscal impact of the proposed adjustment is approximately $200,000 annually. Staff requests board approval to increase the budget for security for the current fiscal year from $565,369 to $765,369 to allow for the increase of wages of security ambassadors. This would allow for wages to increase for the 2021 calendar year, retroactive to January 1st, 2021.

The proposed increase to the Security Budget would be funded with carryforward funds following the completion of the FY 2020 audit and the adoption of an amended FY 2021 budget. The change in contract amount would be brought back to the Board for approval along with the associated budget amendment.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833.8873|Fax: 561.833.5870| www.downtownwpb.com

MEMO To:

DDA Board

Bob Sanders, Chairman Rick Reikenis, Vice Chairman Lisa Gerard Mary Hurley Lane William Jacobson Cynthia Nalley Upendo Shabazz

FROM: Raphael Clemente RE:

Ordinance regulating conduct in public

DATE: Tuesday, January 19, 2021

_________________________________________________________________________________________

Downtown has experienced conduct damaging to aesthetic beauty, public health, and safety. Such conduct includes panhandling and soliciting, camping/sleeping in public areas, public indecency, urination, and defecation. This has become a systemic problem that threatens the use and enjoyment of the Downtown, threatens the well-being of residents and visitors, and places the profitability of businesses at risk.

On December 14, 2020, the City Commission approved the first reading of an ordinance addressing the above-mentioned behaviors and activities in Downtown, amending the City's Code to prohibit these types of conduct. Upon second reading on December 28th, 2020, a key provision that prohibits sleeping or camping in public spaces within Downtown was removed from the language of the ordinance.

The City Commission will be revisiting this ordinance at an upcoming Commission meeting. The DDA has long advocated for these specific changes to City ordinances. Staff proposes the passage of a resolution by the Board expressing the DDA’s support for the inclusion in the ordinance of sleeping in public and semi-public spaces in Downtown, as well as the storage of personal items and sleeping materials in public or semi-public spaces in Downtown.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833.8873|Fax: 561.833.5870| www.downtownwpb.com

Proposed City Ordinance DRAFT Language Related to Obstructing Public Spaces No person shall: 

Sit, stand, lie, sleep, lodge, or otherwise use the public sidewalk, highway, street, roadway, parking lot, or other public or semi-public area, or in any building or business lobby, entranceway, plaza or common area, in such manner as to unreasonably obstructing the free passage of pedestrians and vehicular traffic, significantly impeding access to or enjoyment of such spaces.



Place one's belongings or other objects upon the public sidewalk, highway, street, roadway, parking lot, or other public or semi-public area, or in any building lobby, entranceway, plaza or common area, in such manner as to unreasonably obstructing the free passage of pedestrians and vehicular traffic, significantly impeding access to or enjoyment of such spaces, or creating an unsanitary or public health concern.

Exceptions.

The prohibitions set forth in subsections XXX and XXX relating to sitting or lying, shall not apply to any person sitting or lying due to a medical emergency.  The prohibitions set forth in subsection XX relating to sitting, shall not apply to any person: o Who requires the use of a wheelchair or other similar device to move about the sidewalk, roadway, parking lot, park or picnic grounds, or other public or semi-public area, or in any building lobby, entranceway, plaza or common area. o Operating or patronizing a commercial establishment properly licensed for business on the public sidewalk roadway, parking lot, park or picnic grounds, or other public or semi-public area, or in any building lobby, entranceway, plaza or common area.  Participating in or attending a properly permitted parade or event.  Sitting on a chair supplied by or authorized by the abutting property owner.  Sitting within a transit stop, waiting for public or private transportation.



Enforcement.

With respect to violations of subsections XXXX attempts to ascertain whether the person is in need of medical assistance or social service assistance, including but not limited to mental health treatment, drug or alcohol rehabilitation, or homeless assistance services; and, if the officer determines that the person may be in need of social service assistance, the officer contacts an Outreach Team Member, who shall review the individuals records, evaluate the person's needs, and take all reasonable steps toward directing the person to the appropriate service provider, which may include but it not limited to offering transportation to such provider.

If the officer's reasonable efforts to direct the person to needed social services are unsuccessful, or if the individual refuses services or lost services due to extreme negligence, the officer may issue a notice of violation or take appropriate coercive action, after the required notice is given, subject to compliance with subsections XXXX below.

In attempting to ascertain whether social service assistance is needed, the officer or his or her designated representative shall:

Whenever the officer has reason to believe the person may be in need of social service assistance, call upon an Outreach Team Member to evaluate the person's needs.  



Shall not take any coercive action, including but not limited to compelling a person to reveal any confidential information concerning treatment or mental health status.

No law enforcement officer shall attempt to forcibly remove any person from public area or sidewalk for violation of subsections XXXX without the presence of an Outreach Team Member, whenever the officer determines that the person may be in need of mental health or other social service assistance, and without first making all reasonable efforts to place the person voluntarily in an appropriate social service program, facility or treatment facility.

If the law enforcement officer, in consultation with a Licensed Mental Health Worker, determines that the person, because of his or her mental health status or otherwise, presents a danger to himself or herself or to others, the law enforcement officer shall take such steps as are authorized under the Mental Health Procedures Act, Act of July 9, 1976, P.L. 817, as amended, including, if necessary, the initiation of involuntary commitment proceedings.

The Police Department shall take all necessary and appropriate steps to insure that law enforcement officers who are likely to come into contact with persons in violation of subsections XXXX shall receive all appropriate training in approaching, investigating and assisting persons in need of mental health treatment or other social service assistance.

For purposes of this Section, an Outreach Team Member shall mean a group of social service providers, homeless outreach workers, mental health or drug and alcohol workers authorized and designated by the Director of the Department of Housing and Community Development.

RESOLUTION NO. 01-2021 A RESOLUTION BY THE BOARD OF THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY SUPPORTING THE EFFORTS OF THE CITY OF WEST PALM BEACH TO PROTECT QUALITY OF LIFE AND BUSINESS REVENUES FROM NEGATIVE IMPACTS OF INDIVIDUALS SLEEPING ON SIDEWALKS, PATHWAYS, AND STOREFRONTS AND THE STORAGE OF PERSONAL ITEMS IN PUBLIC SPACES IN THE DOWNTOWN DISTRICT. WHEREAS, residents in Downtown West Palm Beach continue to be negatively impacted; and WHEREAS, Downtown’s small businesses form the backbone of our local economy; and WHEREAS, numerous individuals frequently sleep in public or semi-public spaces, block sidewalks and pathways by lying down on them, place or store private property, luggage, bedding, and other items in public and private spaces; and WHEREAS, such behavior damages quality of life for residents; and WHEREAS, such behavior detracts from the efforts of businesses to attract and retain customers; and WHEREAS, such behavior negatively impacts the collective efforts of the City, DDA, and private sector to advance established goals of community and economic development; and WHEREAS, the City of West Palm Beach seeks to regulate, through the passage and enforcement of ordinances, behavior that may cause harm to individuals and/or businesses; and WHEREAS, the West Palm Beach Downtown Development Authority acts as an advocate and representative for the Downtown residential and business community in its advisory role to City of West Palm Beach officials and staff; and NOW, THEREFORE, BE IT RESOLVED BY THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY THAT: Section 1.

The West Palm Beach Downtown Development Authority supports the efforts of the City of West Palm Beach to create and enforce laws that prohibit sleeping and the storage of personal property in public and semi-public spaces, which unfairly penalizes residents and businesses within the Downtown District.

Section 2.

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 19TH DAY OF JANUARY 2021.

DOWNTOWN DEVELOPMENT AUTHORITY

___________________________________ Robert Sanders, Esq., CHAIRMAN

ATTEST: ______________________

CERTIFICATE I the undersigned, Executive Director of the West Palm Beach Downtown Development Authority, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by said Authority on the 19TH day of January 2021.

_____________________________ RAPHAEL CLEMENTE EXECUTIVE DIRECTOR