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06-10-08 Agenda Spec-WS úôéäúîððôêêôîï úôéäî÷ùøñëüäûøüúõ÷ñîëôùü êíøúôüñæîëòêõîíðøøéôïöéèøêùüäóèïø íðúôéäî÷ùøñëüäûøüúõ÷ôëêé÷ñîîëúîï÷øëøïúøëîîð éÕØúÔÉÄÆÔÑÑ×ÈËÏÔÊÕÜÍÍËÎÍËÔÜÉØÜÈÅÔÑÔÜËÄÜÔÙÊÜÏÙÊØËÇÔÚØÊÆÕØËØÏØÚØÊÊÜËÄÉÎÜ××ÎËÙÜÏÔÏÙÔÇÔÙÈÜÑÆÔÉÕÜÙÔÊÜÛÔÑÔÉÄÜÏØÌÈÜÑ ÎÍÍÎËÉÈÏÔÉÄÉÎÍÜËÉÔÚÔÍÜÉØÔÏÜÏÙØÏÓÎÄÉÕØÛØÏØ×ÔÉÊÎ×ÜÊØËÇÔÚØÍËÎÖËÜÐÎËÜÚÉÔÇÔÉÄÚÎÏÙÈÚÉØÙÛÄÉÕØúÔÉÄúÎÏÉÜÚÉùÎÈÖêÐÔÉÕÜÉ ÕÎÈËÊÍËÔÎËÉÎÉÕØÍËÎÖËÜÐÎËÜÚÉÔÇÔÉÄÔÏÎËÙØË×ÎËÉÕØúÔÉÄÉÎËØÜÊÎÏÜÛÑÄÜÚÚÎÐÐÎÙÜÉØÄÎÈËËØÌÈØÊÉüÙÜÍÉÔÇØÑÔÊÉØÏÔÏÖÙØÇÔÚØÊ ÜËØÜÇÜÔÑÜÛÑØ×ÎËÐØØÉÔÏÖÊÔÏÉÕØúÎÐÐÔÊÊÔÎÏúÕÜÐÛØËÊ êíøúôüñðøøéôïöüöøïùü íÈËÊÈÜÏÉÉÎêØÚÉÔÎÏ Î×ùØÑËÜÄûØÜÚÕðÜÄÎËëÔÉÜøÑÑÔÊÕÜÊÔÏÊÉËÈÚÉØÙÐØÉÎÜÏÏÎÈÏÚØÜ êÍØÚÔÜÑðØØÉÔÏÖ Î×ÉÕØúÔÉÄúÎÐÐÔÊÊÔÎÏÉÎÛØÕØÑÙ×ÎËÉÕØ×ÎÑÑÎÆÔÏÖÍÈËÍÎÊØÊ üÍÍËÎÇØÜÍÈËÚÕÜÊØÜÆÜËÙÔÏÉÕØ íèëúõüêøüæüëùòðøñøúéëôúêèííñäôïú ÜÐÎÈÏÉÎ× ÉÎòðøÑØÚÉËÔÚêÈÍÍÑÄôÏÚ×ÎËÉÕØÐÜÉØËÔÜÑÍÈËÚÕÜÊØÎ×ÏØÚØÊÊÜËÄØÑØÚÉËÔÚÜÑ ÆÔËØÔÏÚÎÐÍÑØÉÔÏÖÉÕØíÎÑÔÚØùØÍÜËÉÐØÏÉ«ÊøÐØËÖØÏÚÄöØÏØËÜÉÎËèÍÖËÜÙØÍËÎÓØÚÉ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ ×ËÎÐ öØÏØËÜÑúÎÏÊÉËÈÚÉÔÎÏ÷ÈÏÙðÜÚÕÔÏØËÄøÌÈÔÍÐØÏÉîÉÕØËðÜÚÕÔÏØËÄ øÌÈÔÍÐØÏÉ ëøìèøêééîúõüïöøêøíéøðûøëæîëòêõîíúîððôêêôîïðøøéôïö üÍÍËÎÇØÜÏÙÜÈÉÕÎËÔÃØÊÉÜ××ÉÎÚÕÜÏÖØÉÕØæÎËÒÊÕÎÍúÎÐÐÔÊÊÔÎÏðØØÉÔÏÖÙÜÉØÔÏêØÍÉØÐÛØË ùüéø ÉÎêØÍÉØÐÛØË æîëòêõîíüöøïùü óÎÔÏÉúÔÉÄúÎÐÐÔÊÊÔÎÏúÎÐÐÈÏÔÉÄëØÙØÇØÑÎÍÐØÏÉüÖØÏÚÄúëüûÎÜËÙæÎËÒÊÕÎÍðØØÉÔÏÖ íÜÑÐûØÜÚÕûËÎÜÙÛÜÏÙéÜÊÒ÷ÎËÚØùÔÖÔÉÜÑùÔÇÔÙØôÏÔÉÔÜÉÔÇØíËØÊØÏÉÜÉÔÎÏ ÐëØÍÎËÉ îÑÙêÚÕÎÎÑêÌÈÜËØíÜËÒíÕÜÊØîÏØðÜÊÉØËíÑÜÏíËØÊØÏÉÜÉÔÎÏ üÑÉØËÏÜÉÔÇØÊËØÖÜËÙÔÏÖõÔÊÉÎËÔÚùÔÊÉËÔÚÉûÎÈÏÙÜËÄüÙÓÈÊÉÐØÏÉÊ æÜÊÉØðÜÏÜÖØÐØÏÉúÎÏÉËÜÚÉøÅÉØÏÊÔÎÏ úÎÐÐÔÊÊÔÎÏúÎÐÐØÏÉÊ íÑØÜÊØÛØÜÙÇÔÊØÙÉÕÜÉÔ×ÜÍØËÊÎÏÙØÚÔÙØÊÉÎÜÍÍØÜÑÜÏÄÙØÚÔÊÔÎÏÐÜÙØÛÄÉÕØúÔÉÄúÎÐÐÔÊÊÔÎÏÆÔÉÕËØÊÍØÚÉÉÎÜÏÄÐÜÉÉØËÚÎÏÊÔÙØËØÙÜÉ ÉÕÔÊÐØØÉÔÏÖÊÈÚÕÍØËÊÎÏÆÔÑÑÏØØÙÉÎØÏÊÈËØÉÕÜÉÜÇØËÛÜÉÔÐËØÚÎËÙÔÏÚÑÈÙØÊÉÕØÉØÊÉÔÐÎÏÄÜÏÙØÇÔÙØÏÚØÈÍÎÏÆÕÔÚÕÉÕØÜÍÍØÜÑÔÊÛÜÊØÙ éÕØúÔÉÄÏØÔÉÕØËÍËÎÇÔÙØÊÏÎËÍËØÍÜËØÊÊÈÚÕËØÚÎËÙ ðøðîëüïùèð éîðÜÄÎËÜÏÙúÔÉÄúÎÐÐÔÊÊÔÎÏØËÊ ÷ëîðçÔÚÉÎËðÜÓÉØÏÄÔùØÍÈÉÄùÔËØÚÉÎËÎ×íÈÛÑÔÚèÉÔÑÔÉÔØÊ ëÔÚÕÜËÙúõÜÊÒÎíøøÏÇÔËÎÏÐØÏÉÜÑêØËÇÔÚØÊùÔËØÚÉÎË éõëîèöõùÜÇÔÙéõÜËÙØÏúÔÉÄðÜÏÜÖØË ùüéøóÈÏØ êèûóøúé üöøïùüôéøðêí êíøúôüñæîëòêõîíðøøéôïöî÷óèïø íèëúõüêøüæüëùòðøñøúéëôúêèííñäôïú ôéøðûø÷îëøúîððôêêôîï üÍÍËÎÇØÜÏÜÆÜËÙÉÎòðøÑØÚÉËÔÚêÈÍÍÑÄôÏÚÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÐÜÉØËÔÜÑÍÈËÚÕÜÊØÎ× ÏØÚØÊÊÜËÄØÑØÚÉËÔÚÜÑÆÔËØÔÏÚÎÐÍÑØÉÔÏÖÉÕØíÎÑÔÚØùØÍÜËÉÐØÏÉ«ÊøÐØËÖØÏÚÄöØÏØËÜÉÎËèÍÖËÜÙØÍËÎÓØÚÉ íï ûüúòöëîèïù éÕØÔÏÔÉÔÜÑÚÜÍÔÉÜÑ×ÈÏÙÔÏÖÜÑÑÎÚÜÉÔÎÏ×ÎËÉÕØíÎÑÔÚØùØÍÜËÉÐØÏÉÖØÏØËÜÉÎËÍËÎÓØÚÉÔÏÉÕØÚÈËËØÏÉÄØÜË«Ê úôíÆÜÊ éÕÔÊÔÏÚÑÈÙØÙØÅÍÜÏÊÔÎÏÎ×ÉÕØØÅÔÊÉÔÏÖÖØÏØËÜÉÎËËÎÎÐÉÎÜÚÚÎÐÐÎÙÜÉØÜÏØÆÜÏÙ ÛÔÖÖØËÖØÏØËÜÉÎËÆÔÉÕÜÊÊÎÚÔÜÉØÙÔÏÊÉÜÑÑÜÉÔÎÏÆÔËÔÏÖÎ×ÉÕØÈÏÔÉÉÕØÛÔÖÖØËÖØÏØËÜÉÎËÈÏÔÉÆÔÑÑÍËÎÇÔÙØ ÍÎÆØËÉÎÉÕØØÏÉÔËØÕØÜÙÌÈÜËÉØËÊ×ÜÚÔÑÔÉÄÙÈËÔÏÖÜÍÎÆØËÎÈÉÜÖØéÕØÖØÏØËÜÉÎËÈÏÔÉÔÉÊØÑ×ÆÜÊÍÈËÚÕÜÊØÙ ÑÜÊÉÄØÜËÆÔÉÕÍËÔÎËÄØÜË×ÈÏÙÊÔÏÉÕØÜÐÎÈÏÉÎ× ÒæÖØÏØËÜÉÎËÆÔÉÕÊÎÈÏÙÜÉÉØÏÈÜÉØÙ ØÅÉØËÔÎËØÏÚÑÎÊÈËØÜÏÙÜÈÉÎÐÜÉÔÚÉËÜÏÊ×ØËÊÆÔÉÚÕçÜÑÈØØÏÖÔÏØØËÔÏÖÛÄÔÏÕÎÈÊØÊÉÜ××ÍËÎÙÈÚØÙÜÑØÊÊ ÚÎÊÉÑÄÔÏÊÉÜÑÑÜÉÔÎÏÜÑÉØËÏÜÉÔÇØÊÔÏÚØÉÕØÏØÆÈÏÔÉÆÜÊÍÈËÚÕÜÊØÙÆÔÉÕÜÏØÅÉØËÔÎËËÜÉØÙØÏÚÑÎÊÈËØÔÉÚÜÏ ÛØÊØÉÎÏÜÏØÅÉØËÔÎËÊÑÜÛÎÈÉÊÔÙØÉÕØØÅÔÊÉÔÏÖÖØÏØËÜÉÎËËÎÎÐÆÔÉÕÚÎÏÊÉËÈÚÉÔÎÏÎ×ÉÕØÊÑÜÛÜÏÙÉÕØ ØÑØÚÉËÔÚÜÑÆÔËÔÏÖÍØË×ÎËÐØÙÛÄÔÏÕÎÈÊØ×ÎËÚØÊéÕÔÊÜÑÉØËÏÜÉÔÇØÜÑÊÎÍËÎÇÔÙØÙÉÕØÛØÊÉÚÕÜÏÚØÎ×Ü ÉÔÐØÑÄÍËÎÓØÚÉÚÎÐÍÑØÉÔÎÏ×ÎËÉÕÔÊÄØÜË«ÊÕÈËËÔÚÜÏØÊØÜÊÎÏÔÏÑÔØÈÎ×ÛÔÙÙÔÏÖéÎÙÜÉØíÈÛÑÔÚæÎËÒÊ ÜÏÙèÉÔÑÔÉÄðÜÔÏÉØÏÜÏÚØÚËØÆÊÕÜÇØÚÎÏÊÉËÈÚÉØÙÉÕØÚÎÏÚËØÉØÊÑÜÛÊØÉÉÕØÖØÏØËÜÉÎËÜÏÙÊÉÜËÉØÙÉÕØ ÆÔËÔÏÖÜÏÙÊÆÔÉÚÕÖØÜËËØÉËÎ×ÔÉéÕØÐÜÉØËÔÜÑÍÈËÚÕÜÊØÎ×ÆÔËØÈÏÙØËÉÕÔÊËØÌÈØÊÉÔÊÏØÚØÊÊÜËÄ×ÎËÉÔÐØÑÄ ÚÎÐÍÑØÉÔÎÏÎ×ÉÕÔÊÍËÎÓØÚÉ èÉÔÑÔÉÔØÊðÜÔÏÉØÏÜÏÚØÊÉÜ××ÊÎÑÔÚÔÉØÙÌÈÎÉØÊ×ÎËÍÈËÚÕÜÊØÎ×ÑÜËÖØØÑØÚÉËÔÚÜÑÆÔËØéÕËØØÌÈÎÉØÊÆØËØ ËØÚØÔÇØÙòðøÑØÚÉËÔÚêÈÍÍÑÄôÏÚÔÏÉÕØÜÐÎÈÏÉÎ× ëØÅØÑêÈÍÍÑÄÔÏÉÕØÜÐÎÈÏÉÎ× ÷èïùôïöêîèëúø ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐÜÚÚÎÈÏÉ ~- . _ - fir, ;,'~iIG F F 1xor - ~~ - ~-~ _ _ ~ ~` ~x EACH, ~ '~' ~ ~ :~ __,~ ~~ - E ~ _ ,_. .~ .. ,;."~__ -,-' :~, ~ ": ~ ~p c .r r ARE iEfF.f1'J!!11 ~ '~e~ .. a ~i~ ,rc m 5F ~, Y' v~ 2131°lF~isk Ccncra~ 6Ivd. g1dg73 AoagQ~na'8aach..~T._ 33f14~4, iar~~~S4~ ~3-~1~2 ~ (454) 9!t'h944 ..- - _.. i~ - ._ ~%2 9 ~ (~8 - ; - - ~ ~ ~ ,- -~, ~ .: 'SAGE Q5f~8fT2~ ~ ~'1TJ~'E: ~?.-Oi~56768" ~603oU ~'SEt ~s 01:dQ-2347 ,~ . ~'; 414Q~~~'3^ e w Vi.111V ~'4u7 ~, t.IC~ 'BNB fit. Isa.~~mm ~~ +~ ry~ ~. i f ' Sjli~ ~pp~-~Tpl_~ i~~rnt ~~`: ` 'tea C+OD~rXDlf'7'~ ~~1 ~?A~fi ~ 13~'.1tY1 ,3~DR~H. 'GrM~'19, B~AQ# ~'~, ~ 5 .. ~~ .. ~ a sr ~ ~_ J: "' ti .a M~YrF~.~n'N.1siwiti .. ~~~ ~Pr~. • ~a ~, N may. 1y. lUU~ 1U:41HN~ PENINSULAR ELECTRIC D~STRIBUTQRS 1.3Q~ t~~d Okeechobee Road West Palm Beach FL 3340x 56~-83~-1b26 Fax 561-832-Z14~ 4UOTE T0: DELRAY BEACH CITY ACCOUNTS PAYAflLE 100 NORTHWEST 1ST DELRAY REACH, FL IYU. U]`t! f. f Quv~ation ~~~a~xa 05/29/06 51179445 ORDER T0: " ° ~~ ~~~~~~~ P6NxR59LMR 6'[~C7Atxe oisYKlBVmRs x301 old Dkeechnkaa Bved ^e~[ Palm Beach FL 33101 1 6'f 561-832-Sfi1fi Fax 5fi1-B3~-21a8 SHSP T0: OF L3ELRAY SEACk1 C1Tx ACCOUNTS PAYABLE AVENUE 1€}0 NORTHWEST 1ST 33444 DELRAY REACH, FL OF AVENUE 33444 F nrn%n~nvn O PrAxP%p ~ ~ ~ x5~ ~oxN noM ~NCV~z x e c anew . MARCO MORAIDA OT OUR-TRUCI{ Cash Discount 10th Net 30 05/25/08 .. ... ..... .. ~ c~ a k .~ ~Qx~.: _ a%.i06%4%O%4Wx9ze~~ f~4NOX w Kioc _ 2456Ft 20715 THHN 600MCMCU1000 745.79 m X6391.67 THHN - b00MCM - SLK - STR - 2000FT MASTER 400fC 20559 THHN'35QMCMCU1Q00 313.190/m 2525,28 THHN - 354MCM - $I,K - STR - 2500FT MASTER 100ft 20472 THHN 1BLACICSOVO 538.033/m 153.80 THHN - 1 - BLACK - STRANDED so0a~r 515ft 20656 THHN 30CU5000 89.5.643/m 1491.26 THHN - 3/0 - BLACK - STRANDED - 5000FT i TAXES NOT INCLUDED This ~.s a Quotation. Subtota 30 ~~H CHGS 4.00 Prices are firm fnr 3 days subject to change without , not~.~e after 3 days. Applicable taxes extra, Amount Dui 30562.01 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 5, 2008 SUBJECT: AGENDA ITEM SP.2 - SPECIAL/WORKSHOP MEETING OF JUNE 10, 2008 REQUEST TO CHANGE SEPTEMBER WORKSHOP COMMISSION MEETING DATE ITEM BEFORE COMMISSION This item is before Commission for approval and authorization to change the Workshop Commission Meeting date in September to September 9, 2008. BACKGROUND At the June 3, 2008 meeting, the City Commission approved changing the Commission Meeting/Budget Hearing dates to September 3, 2008 and September 16, 2008. These changes affect the Workshop Commission Meeting date in September. At the March 27, 2008 Organizational Meeting, the City Commission approved the date of September 16, 2008 for the September Workshop Meeting. Staff is requesting to change the September Workshop Meeting date from September 16, 2008 to September 9, 2008. RECOMMENDATION Staff recommends approval to change the September Workshop Commission Meeting date to September 9, 2008. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 28, 2008 SUBJECT: AGENDA ITEM 8.M. -Regular Commission Meeting OF June 3, 2008 Request to Change Commission Meeting/Budget Hearing Dates Item Before Commission This item is before Commission for approval and authorization to change the two (2) Commission Meeting/Budget Hearing dates in September to September 3, 2008 (Wednesday) and September 16, 2008 (Tuesday). Background At the March 27, 2008 Organizational Meeting, the City Commission approved the Commission meeting dates of September 9, 2008 and September 23, 2008 for the first and second budget hearings. Staff is requesting the change in the Commission Meeting/Budget Hearing dates from September 9, 2008 and September 23, 2008 to September 3, 2008 and September 16, 2008. Recommendation Staff recommends approval to change the two (2) Commission Meeting/Budget Hearing dates to September 3, 2008 (Wednesday) and September 16, 2008 (Tuesday). REVISED MEMO FOR ITEM 8.M. ~ as ~ , ~~~~~ ~., ;- - - - ____ i -. -.y ~~ _ _ ~ __ ~ _ _ a rt __ - _ _ H I ~ : =~ '~ i '~ MEMORANDUM To: MAYOR AND CITY COMMISSIONERS From: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ELIZABETH ALPERT, NEIGHBORHOOD SERVICES ADMINISTRATOR Through: CITY MANAGER Subject: JOINT CITY COMMISSION/CRA BOARD MEETING - DISCUSSION & CONSIDERATION OF FUTURE SHIP FUNDING ALLOCATIONS Date: June 2, 2008 In recent months residents have expressed their concern regarding allocation of the City's SHIP funding. Down payment assistance funding for FY 04-05, OS-06 and 06-07 was available solely through purchase of a home within the Delray Beach Community Land Trust (CLT). Residents are concerned that by exclusively allocating SHIP funds through CLT purchase, options are too narrowly limited for first time homebuyers. Staff recommends that moving forward SHIP down payment assistance funding should be diversified into two formats: Sub-Recipient Housing Partnership Eighty percent (80%) of funds shall be allocated to the CLT under the Local Housing Assistance Plan (CHAP) "Sub-Recipient Housing Partnership" strategy. Purchase Assistance Twenty percent (20%) of funds shall be allocated under the CHAP "Purchase Assistance" strategy which is open to all prospective first time homebuyers and non-profit organizations applying on their behalf. Staff recommends that "Purchase Assistance" funds that have not been expended by February 1St of each Fiscal Year shall have the flexibility to be reallocated to the CLT. In addition, if the CLT fully expends the 80% allocation under the "Sub-Recipient Housing Partnership" strategy, and "Purchase Assistance" funds are still available, the CLT may also apply for those funds on behalf of first time homebuyers. In the event of a natural disaster such as a hurricane, the City would also reserve the right to reallocate a percentage of Down Payment Assistance funds to the "SHIP Disaster" strategy. Staff is presenting this information for City Commission discussion and consideration. MEMORANDUM TO: Mayor and City Commissioners FROM: Janet Meeks, Education Coordinator Lula Butler, Director Community Improvement THROUGH: City Manager DATE: June 2, 2008 SUBJECT: AGENDA ITEM WS.2 -SPECIAL/WORKSHOP MEETING OF .TUNE 10, 2008 PALM BEACH BROADBAND TASK FORCE DIGITAL DIVIDE INITIATIVE ITEM BEFORE COMMISSION City Commission consideration of the presentation from the Palm Beach Broad Band Task Force on the Digital Divide Initiative which proposes implementation of a pilot program in the City of Delray Beach targeting the Southwest neighborhood. BACKGROUND Jody Gleason, Executive Director of the Education Commission of Palm Beach County approached the City's Education Board about the implementation of a Digital Divide "Seed" program in Delray Beach. The Education Commission is part of the Broadband Task Force which was convened by County Commissioner Mary McCarty to look at leveraging collective government infrastructure in Palm Beach County, both for the member organizations and municipalities, and to look at creating six Digital Divide "Seed" projects within the County. The Education Board has been in discussions with the Task Force to see if a project was feasible in Delray Beach. The pilot program would start with a maximum of 20 computers that would be distributed to families that do not already have computers in their homes. The families would be identified through our non-profit partners. Palm Beach County School District would provide their old computers for free that will be refurbished by students. The Mentoring Center will provide computer refurbishing training in a teen summer camp program at the Beacon Center at Village Academy. We will work with anon-profit partner to provide computer training to both the parents and students. Once the parents and students complete the one night training course, they will take home one of the refurbished computers. Florida Atlantic University has agreed to provide 24/7 help desk information. In order to provide WiFi service for free to program participants, the County is seeking permission to place an antennae on the Police station tower to tap into the existing County fiber system. In addition they will be seeking approval from the school district to provide an antenna at S.D. Spady Elementary School and Village Academy which could provide WiFi signals to almost all of the southwest neighborhood area for the current seed project as well as future expansion of the program. It is noted that the WiFi signal will be secure and only available to program participants. The Southwest neighborhood is targeted as U.S. Census Bureau provides data that indicates that 25% or more of the families/children living in the 33444 zip code are living in poverty. Technology can be a great equalizer as parents can access social services on-line and children can access the Palm Beach County School District Edline for homework benefits. The pilot program will be funded through a grant provided by the Education Commission. Village Academy has agreed to provide the space to store the computers and provide a workspace area. RECOMMENDATION Staff recommends allowing implementation of the Digital Divide pilot program in the Southwest neighborhood and allowing the County to seek permission to place a WiFi Antennae on the Police Station Tower to access the County fiber system. /~ Im ~~achoadband ~~5~ JL ®~~JL~ Delrcll~ Be~cl1 D~$~t~l D~v~~l~ I111t1c1t1VC PYO~ C Ct SCO}JC DOCli111C 11t ,~ r- M~L~ 21, 2008 Task Force Overview The Palm Beach Broadband Task Force is made up of six organizations: Palm Beach County Government, The School District of Palm Beach County, The Education Commission of Palm Beach County, Palm Beach Community College, Florida Atlantic University and South Florida Water Management District. The Task Force was convened by County Commissioner Mary McCarty to look at leveraging collective government infrastructure in Palm Beach County, both for the member organizations and municipalities and to also look at creating six Digital Divide "Seed" projects within the County. Background: The Initial Digital Divide `Seed' Project The Task Force created the first prof ect in the City of West Palm Beach at Pleasant City Elementary. Working together with the School District and the Principal and faculty at Pleasant City Elementary, a number of families were identified for the program that includes a refurbished computer from the School District, training, help desk support and Internet access. Palm Beach County installed Cisco WiFi antenna on the school and provided a secure (locked-down) WiFi Internet signal that was broadcast into the neighborhood as well as the Ruckus in-home WiFi receivers. The Mentoring Center, anon-profit, provided the requisite Internet usage training, Palm Beach Community College provides help desk support and the School District provided the computers and support via their existing Digital Divide program. The Pleasant City was rolled out in three phases, elementary, high school and middle school. We have now provided all of the families with school aged children in the signal areas with computers and training. In the fall an additional antenna is planned for installation on the west side of the school that will reach additional families. The Delray Beach Project Janet Meeks and Guy Buzzelli, from the City of Delray Beach; and Harold Van Arnem, local business man and community supporter, met with Jody Gleason of the Education Commission and Chuck Spalding, Palm Beach Broadband Project Manager, on March 20tH 2008 to discuss a potential Digital Divide Project. At this point the discussion centered around installing a WiFi antenna either on a County- owned facility or an existing City building. We also discussed the idea of having the computers eventually being refurbished in Delray Beach either by a local school or potentially another organization. Harold discussed the concept of local support, meaning working to make the area served supported by a community network of some kind. We agreed to research the possibilities for mounting antenna for our next meeting. On Apri125th another meeting was held in Delray Beach that included Mike Butler, Director of Network Services for Palm Beach County. We again looked at both available County facilities as well as potential neighborhoods. The recommendation is to install an antenna on the Delray Beach Police tower and one each on the School towers of SD Spady and the Village Academy. This would result in a solid coverage area for the selected community. Pilot Project Basics • We need to acquire permissions, engineer and install WiFi antenna o Bob LaVenture- Palm Beach County o Amanda Solomon- City of Delray Beach o Bob Midgett- School District • WiFi signal will be secure and only available to program participants • Need to identify initial families- recommendation 20 o School District o Janet Meeks- City of Delray Beach • Work with the School District and the Mentoring Center and possibly local community organization to refurbish computers o Mark Howard- School District o Lisa Wilson- The Mentoring Center o Janet Meeks/ Howard Van Arnem- Delray Beach • Determine how the Ruckus WiFi units will be procured (approx $2-3k) o Janet Meeks/ Howard Van Arnem-Delray Beach o Jody Gleason- Education Commission • Define short and long term help desk solutions o Janet Meeks/ Howard Van Arnem-Delray Beach o Chuck Spalding -Project Manager • Create a `train-the-trainer' scenario for training families o Denise Hensel/Bill Gullion- School District o Lisa Wilson- The Mentoring Center • Managing Expectations A Detailed Project Plan will be created and distribute based on today's meeting results MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director THROUGH: City Manager DATE: May 23, 2008 SUBJECT: AGENDA ITEM WS.3 - SPECIAL/WORKSHOP MEETING OF JUNE 10, 2008 PRESENTATION REGARDING BUDGET TASK FORCE INTERIM REPORT ITEM BEFORE COMMISSION Presentation of the Budget Task Force (Interim) Report dated June 1, 2008. BACKGROUND The Budget Task Force was established by the City Commission in January, 2008 to evaluate the budget and make recommendations for revenue enhancements, cost reductions, and improved productivity. This is a 9-member citizen task force that was established fora 6-month duration. The interim report is presented at this time in order that recommendations can be considered in both budget deliberations and union negotiations that are currently taking place. The report will provide observations and recommendations of the Budget Task Force for consideration by the City Commission. In addition, the Budget Task Force will be requesting an extension in time for the Task Force to complete its analysis of the budget in order to prepare a final report. CITY OF DELRAY BEACH BUDGET TASK FORCE (INTERIM REPORT) JUNE 1, 2008 ~, f MISSION STATEMENT The mission of the Budget Taslc Force is to provide a mechanism for members, working with the Director of Finance and staff personnel, to study the budget for Delray Beach to recommend if there are ways, both iu the short-term and long-term, to enhance revenues or reduce expenses beyond what is currently being established. Committee I~~lembers Franlain Wheat- Chairman Howard Ellingsworth- Vice Chairman Peter Arts ~~InCent ~O~e Steven Janssen Todd L'Herrou Alexander Simon James Smith (Alternate) Robert Moore (Alternate) Page Number Executive Summary Executive Summary ..............................................................................3 Projected Possible Impacts on Current Budget .............................................4 Projected Possible Impacts on Future Budgets ..............................................5 Budget Evaluation Increased Revenues or Receipts 1. Credit Card Fees ................................................................................. 6 2. Special Events Cost Reimbursements ......................................................7 Reduced Expenditures Wages and Benefits 1. Overtime Pay ....................................................................................8 2. Car Allowances ..................................................................................12 3. Education Incentive Pay ......................................................................13 4. Fair Labor Standards Act (FLSA) Time ...................................................16 5. Tuition Reimbursement Program .........................................................17 6. Away With Pay (Comp Time) .................................................................19 2 EXECUTIVE SUMMARY The Budget Task Force was created and appointed by the City Commission in January, 2008 in order to evaluate the City of Delray Beach budget and make recommendations. The Budget Task Force is pleased to present its analysis of the City of Delray Beach budget in accordance with the directions provided by the City Commission. This Budget Task Force met every two weeks starting February 5th, 2008 with an assigned duration of six (6) months (August, 2008). The mission statement that was developed by the Budget Task Force is as follows: MISSION STATEMENT The mission of the Budget Task Force is to provide a mechanism for members, working with the Director of Finance and staff personnel, to study the budget for Delray Beach to recommend if there are ways, both in the short-term and long- term, to enhance revenues or reduce expenses beyond what is currently being established. The basic premise for the budget evaluation was "Before the City eliminates iobs or cuts services the City Commission should consider several issues found in the analysis of the budget". In addition, another premise was that "We want to consider what a fair and reasonable cost would be to our taxpayers". Costs beyond what is fair and reasonable would be questioned, analyzed and the Budget Task Force would provide recommendations on these issues. It is important to realize that nothing illegal was found in the analysis. This was a study comparing written City policies vs. actual practice. What was found was that many exceptions to written policies were supported by internal memos from the City Manager and/or Department Heads. Some of these internal memos were issued many years ago. The Budget Task Force would recommend that any exceptions to general policies be documented and the policies be amended instead of relying on correspondence for the benefit of future reference. It is also important to realize that some benefit changes have been made to management employees as a reaction to benefits allowed in union agreements. In order to avoid further compression between exempt and non-exempt employees pay amounts, several independent benefit adjustments were made without a written policy amendment. It should be noted that some of these benefits were approved in lieu of requested salary or salary range adjustments. Some management employees feel that if there is not sufficient distinct benefits in the management package that no union or non-union employee would ever want to be promoted to these positions. But again, we are looking at what can be done to prevent the loss of employees or services to our citizens first. Following an in-depth analysis of several areas of the budget, the Budget Task Force would present the following observations and recommendations with estimated potential revenue enhancements or cost reductions for consideration by the City Commission: 3 OBSERVATIONS/RECOMMENDATIONS BEFORE JOB CUTS OR SERVICE CUTS- CONSIDER THE FOLLOWING: (PROJECTED IMPACTS ON CURRENT BUDGET) Credit Card (IVR) Revenues - Establish a $1.50 per transaction convenience fee (revenue) to offset costs of NR website transactions $11,759 Special Events Cost Reimbursements- City overtime costs for First Night event should be paid 100% from collected revenues or reserves ($52,250) $32,459 Special Events Cost Reimbursements- City cost reimbursements from non-profit organizations incorporated in the City should pay 75% instead of 65% $10,000 Overtime Pav- Eliminate double overtime pay created by using "floating holiday" assignments in Police Department $137,782 Overtime Pav- Reduce overtime costs by eliminating vacation and holiday time as time worked in the calculation of overtime pay since it is not time actually worked $357,183 Car Allowances- Reduce car allowances by eliminating fixed monthly car allowances and pay employees based on actual business mileage. $43,060 Education Pav- Reduce education pay by eliminating Fire Department management supplemental education pay for education levels that are already required in job description $43,425 Education Pav- Reduce education pay for Police employees by eliminating minimum State required payment for Police education which duplicates hourly City supplemental education pay $134,010 Education Pav- Reduce education pay by changing the hourly supplemental education rate in the Police Department to a fixed monthly amount (not allowing payment on overtime hours) so that all employees receive the same amount for a degree. $74,187 FLSA- Reduce overtime by eliminating the payment of overtime to exempt employees that are already receiving FLSA time $56,690 Tuition Reimbursement Program- Reduce the cost of the tuition reimbursement program by eliminating Master's degrees from the tuition reimbursement program that are not required in any j ob description of the City. $68,360 Tuition Reimbursement Program- Reduce fringe benefit costs and pension costs by stopping the conversion of tuition reimbursement costs to comp time $50,000 TOTAL PROJECTED IMPACTS ON CURRENT BUDGET $1,008,915 OBSERVATIONS/RECOMMENDATIONS BEFORE JOB CUTS OR SERVICE CUTS- CONSIDER THE FOLLOWING (PROJECTED IMPACTS ON FUTURE BUDGETS) Away with Pay (Comp Time)- Reduce future pension costs or improve productivity by eliminating comp time from the calculation of pension benefits since comp time is primarily overtime and not regular pay $474,188 TOTAL PROJECTED IMPACT ON FUTURE BUDGETS $474,188 CREDIT CARD FEES References• Credit card fee sheets Background: The City of Delray Beach allows for credit card payments to pay for certain costs in the following areas: • Golf courses • Tennis courts (Tennis stadium facility, swim and tennis facility) • Police Department fees • Utility bill payments • Parks & Recreation fees • Community Improvement fees • NR (Interactive Voice Response, website) payments There are numerous fees that are charged to the City for this customer use of credit cards. Findings• The City of Delray Beach currently incurs $175,000 in credit card transaction fees on an annual basis. Many of these fees are over-the-counter and telephone credit card charges, By law, you cannot charge a separate fee specifically for the use of a credit card. You have to consider this a cost of doing business and recover the costs in rates (golf course rates, water/sewer/garbage rates, permit fees, parking fees, etc.). The use of a credit card through the NR website is different in that you may charge a convenience fee. The City of Delray Beach currently incurs about $30,613 in NR transaction fees. There are 7,839 transactions per year. This is about to increase since Parks & Recreation is going to implement their on-line payment systems and Community Improvement is about to begin their NR service for occupational license business taxes. Recommendation: The City of Delray Beach should institute a charge of $1.50 as a convenience fee per transaction for the use of the NR website services. Estimated Potential Revenue Increase: 7,839 transactions x $1.50 convenience fee = $11,759 6 SPECIAL EVENTS COST REIMBURSEMENT Background: City Sponsored Events There are eight (8) City sponsored/produced events where the City absorbs all City overtime costs and the following: • Chris Evert Charity Tennis Tournament (Host site fees $42,400 + other costs = $50,000+ costs to the City) • Turkey Trot (costs other than overtime paid by Parks & Recreation department) • Christmas Tree Lighting ($25,000 City contribution + overtime costs) • Holiday Parade (City contributes $1,500 + overtime costs) • First Night (Costs other than overtime covered by revenues) • ITC Tennis Tournament (Annual City costs of $978,333 in addition to overtime) in accordance with contract expiring in June, 2030. This is a 9 day event. • Players International Tennis Tournament (Host site fees $152,000 per year +CPI) There are four (4) five day USTA sanctioned youth tournaments per year per the contract expiring September 30, 2012 • Fourth of July Fireworks Display (City contribution $40,000 + overtime costs) Old School Square and DMC Events Old School Square and DMC events have the first $1,000 no charge then they pay 35% of other City costs excluding regular time. Privately Produced Events Howard Alan Art Show- pays 100% of all City costs to include overtime and fringe benefits Non-Profit Organizations Not Incorporated in City of Delrav Beach Asian Food Festival- pays 100% of all City costs to include overtime and fringe benefits Non-Profit Organizations Incorporated in City of Delrav Beach First $1,000 of City costs waived, sponsor pays 65% of balance of City costs Recommendation No. 1 The Budget Task Force recommends that City overtime costs for First Night ($32,459) be paid from revenues collected from this event or from $52,250 reserves. Estimated Potential Savings- $32,459 Recommendation No. 2 Reimbursements from non-profit organizations incorporated in the City should pay 75% of costs instead of 65%. Estimated Potential Savings- $10,000 7 OVERTIME PAY References: Human Resources Policy Manual- Overtime/Compensatory Time Classification and Pay Plan IAFF Collective Bargaining Agreement PBA Collective Bargaining Agreement NCFO Collective Bargaining Agreement Memorandum from Finance Director dated October 25, 1994 Background: Non-union employees are covered by the Human Resources Policy Manual and their pay is shown in the Classification and Pay Plan. The pay plan identifies employees that receive overtime (non-exempt) and those that do not receive overtime (exempt). The policy manual stipulates that vacation time and holiday time will be considered time worked for the computation of overtime. The manual also states that exempt employees are not eligible for overtime or compensatory time. There can be an exception for extraordinary conditions. In the Fire Department union contract, vacation time and holidays are recognized as time worked for the computation of overtime. Overtime is calculated based on a 21-day work cycle (overtime paid after 144 hours) for shift personnel and a 40-hour week for non-shift personnel. Union business may be conducted by swapping shifts with no overtime allowed for union business. Only union officials or their designees may take time from the Time Pool and no overtime shall be paid for use of the Time Pool. The Time Pool is established from the donation of personal holiday, vacation time or compensatory time from bargaining unit members. Leave of absence with pay shall not be considered as time worked for the computation of overtime. Leave of absence with pay for City business shall be considered as time worked for the computation of overtime In the Police Department union contract, vacation time and holidays are recognized as time worked for the computation of overtime. Overtime is calculated based on an 80- hour bi-weekly pay period for all full time employees. Union business maybe conducted by swapping shifts with no overtime allowed for union business. Only union officials or their designees may take time from the Time Pool and no overtime shall be paid for use of the Time Pool. The Time Pool is established each October by each bargaining unit member donating three (3) hours of vacation, holiday, or compensation time. Leave of absence with pay shall not be considered as time worked for the computation of overtime. Leave of absence with pay for City required training sessions shall be considered as time worked for the computation of overtime. In the other departments (NCFO union), vacation time and holidays are recognized as time worked for the computation of overtime. Overtime is calculated based on a 40-hour workweek (7 days) after which overtime shall be paid. Leave of absence with pay shall not be considered as time worked for the computation of overtime. Leave of absence with pay for City business shall be considered as time worked for the computation of overtime 8 Methodolo~y: A schedule of total wages and overtime for calendar year 2007 (all employees) was prepared The total wages for 2007 were $43,397,834 and overtime costs for Calendar Year 2007 were $3,318,000 (not including comp time). This schedule was then sorted by department and by total wages for the year. • Noted 60 employees over $100,000 1. City Manager- 2 2. City Attorney- 2 3. Community Improvement- 1 4. Engineering- 1 5. Environmental Services- 1 6. Finance- 2 7. Fire- 33 8. Police- 18 A schedule of overtime by department (9-years) was then prepared. Of the total of $3,318,000 in overtime costs for calendar year 2007, 92.5% of all overtime costs were in the Police, Fire, and the Parks & Recreation departments which are all part of the General Fund. The remaining 7.5% was primarily Public Works and Public Utilities. Public Works was generally due to special events and Public Utilities overtime is primarily due to water line breaks, sewer line breaks, or work that could not be done or completed during normal working hours. The Fire Department expended $1,283,873 in overtime costs (38.7% of total) for Calendar Year 2007. Following an interview with the Fire Department staff at a Budget Task Force meeting and subsequent discussions, it was presented that over 80% of this overtime is due to minimum manning of stations. The Police Department expended $1,583,533 in overtime costs (47.7%) for Calendar Year 2007. Following an interview with the Police Department staff at a Budget Task Force meeting and correspondence from Chief Larry Schroeder, it was presented that 82% of their overtime was in the Operations Bureau and there were six (6) major reasons for their overtime. A summary breakdown of these major reasons is as follows: • Staffing for special events- 20.61% • Minimum manning- 14.41% • Holiday robbery task force- 9.13% • Court attendance- 7.31% • Robbery task force- 6.70% • SWAT training and deployment- 5.13% • Other tasks and duties- 36.70% 9 The Parks & Recreation Department expended $201, 679 in overtime costs (6.1%) for Calendar Year 2007. Following an interview with the Parks & Recreation Department staff at a Budget Task Force meeting and correspondence from Acting Director Tim Simmons, it was presented that most of this overtime was due to staffing for special events, life~,uard mannin~(7 days per week), and other activities not able to be completed during normal working hours. Findings: Police Department Police union employees are allowed to be paid double pay for working a holiday for the time actually worked (PBA Union Agreement Article 13, Section 3~. This provision is supposed to mean that an employee will receive straight time for the holiday and straight time for the time worked. If an employee does not work a holiday then, and only then, would the holiday count as time worked for the computation of overtime. This was clarified in a memo from the Finance Director dated October 25, 1994. Police employees can also assign when their holidays are taken ("floating holidays") with the permission of the Department Head. Several employees are assigning their "floating holidays" to days that they already are working overtime and are receiving double overtime. This means, as an example, that an employee could receive 24 hours of pay for 8 hours of work (8 hours for the holiday and 16 hours for 8 hours of time worked at double time) since they are considering holiday time as time worked. This was the only department in the City to record double overtime. Examples of this double overtime are provided below: Position Hours Double Overtime Sergeant 87.25 6,874.85 Sergeant 85.50 6,614.77 Sergeant 88.00 6,545.44 Sergeant 110.00 7,950.04 Career Officer 3 68.00 4,572.04 Career Officer 2 62.50 4,033.65 Career Officer 1 83.00 4,405.90 Police Officer 1st Class 136.00 6,787.78 Police Officer 1st Class 66.50 4,083.87 Police Officer 1st Class 81.50 5,496.92 The total amount of Police double overtime costs for 2007 was $255,981 Recommendation No. 1 The Budget Task Force would first recommend that the City consider ceasing the ability of Police union shift employees to assign their "floating holidays" to days they already are working overtime and thus eliminate all double overtime costs. The union agreement states that a straight-time rate will be baid for these assigned holidays. not a double overtime rate. But by assigning this day to a day when overtime is being worked, it results in additional overtime. The intent of the floating holiday was to move the holiday to a day that could be taken off, not to assign this day to a day that they are already 10 working. This department was the only department with double overtime charges. The Fire Department shift employee, for example, receives straight time for the holiday (9.6 hours) if off-duty and 9.6 hours in addition to the day worked if on-duty. The Fire Department can only float their personal holiday. All other holidays in the Fire Department are paid on the holiday itself. If the Police employee charged 24 hours for the day and the correct amount should be 16 hours (8 hours for the day + 8 hours straight time for the holiday) the savings would be 50.0% of the overtime. Estimated Potential Cost Reduction: $127,991 (50.0% of double overtime total of $255,981) per year + fringe benefits (estimated 7.65% FICA only) _ $137,782. Recommendation No. 2 The Budget Task Force would also recommend that the City consider changing all policies and union agreements to only allow time actually worked in the calculation of overtime and delete the allowance of vacation time, holidays and any other charges for time not actually worked as allowable time worked. The Budget Task Force feels that this would be a fair and reasonable way to administer overtime. We could not find any FLSA guidelines that require vacation time or holidays as time worked in the computation of overtime. Again, this benefit has been in place for several years. It needs to be emphasized that this benefit reduction is proposed in order to reduce the number of potential job cutbacks. Estimated Potential Cost Reduction $331,800 (10% of total overtime costs of $3,331,800) per year + fringe benefits (estimated 7.65% FICA) _ $357,183. 11 CAR ALLOWANCES Reference: Car Allowance Policy No. GA-40 Findings: The City of Delray Beach currently pays $79,333.20 per ,year for twenty-eight (28) fixed car allowances with no required reporting of business mileage. Some of these allowances, per the policy, appear to be either contractual or entitlements. However, most of the other employees were given car allowances with the provision that they have either 200 or 400 business miles per month. A normal employee works 20 days per month and therefore must average 10 or 20 business miles per day to justify their car allowance. This, of course, does not include travel to and from work that is considered personal mileage. Car allowances are paid through the payroll system and taxes are deducted from the gross amount. Employees can then deduct their business mileage from their tax returns if they have kept a log of their business mileage and can show the IRS personal use versus business use. Recommendation: The Budget Task Force would recommend that the City consider changing from a fixed monthly car allowance to a monthly payment for actual business mileage. Employees should not consider this payment as an entitlement but a reimbursement of business mileage. Employees must maintain business mileage logs which can be turned in each month and they will be paid at a fixed mileage rate of $.44 per mile (or the current rate established within the policy). This payment will be processed through the Accounts Payable system with no taxes taken out. This method ensures that the City is paying for only the actual amount of business miles driven each month. The Budget Task Force feels that this is a fair and reasonable way to administer a reimbursement program for the business use of a personal vehicle. Estimated Potential Cost Reduction: $40,000 per year (50% of total) + fringe benefits (estimated FICA 7.65%) _ $43,060 12 EDUCATION INCENTIVE PAY Reference: Listing of Fire State Supplemental Education Compensation (F.S. 633.362) Listing of Police State Supplemental Education Compensation (F.S. 943.22) Statement: Florida statutes (F.S. 633.362) provide for supplemental education compensation for certain "firefighters" who qualify. This compensation is a fixed rate of $50 per month ($600 annually) for an applicable Associates Degree and $110 per month ($1,320 annually) for a Bachelor's Degree. The State reimburses the City for this cost from premium taxes. These costs are allowed to be part of the employee pension calculation. The City currently has 53 Fire Department employees receiving this State supplemental compensation totaling $4,210 per month ($50,520 annually). This benefit is not covered by the IAFF union agreement. Florida statutes (F.S. 943.22) require a City to provide for supplemental education compensation for certain "law enforcement officers" who qualify. The minimum required compensation is a fixed amount of $30 per month ($360 annually) for an applicable Associates Degree and $80 per month ($960 annually) for a Bachelor's Degree. The State does not reimburse the Citv for this cost. These costs are allowed to be part of the employee pension calculation. The City currently has 114 Police Department employees receiving this supplemental education compensation totaling $89,340 per year. Note: This is a different provision than the Fire supplemental pay which is reimbursed by the State premium taxes. This benefit is not covered by the PBA union agreement. Findings: Fire Department- Several Fire Department non-union management positions are currently being paid $1.00 per hour for an Associates Degree or $2.00 per hour for a Bachelor's Degree in addition to their hourly rate and in addition to the State supplemental compensation. This amount is also allowed for pension calculation purposes. Most of these positions require a degree in their job descriptions (or equivalent experience) and therefore is considered in their salary schedules. This hourly rate is allowed for all hours to include overtime hours. Union employees do not receive this additional hourly rate education benefit. Union employees participate in the State supplemental education compensation. A breakdown of the Fire Department management positions receiving this hourly adjustment are: Position Hourl Incentive State Incentive Total Incentive Assistant Fire Chief $2,080 $600 $2,680 Assistant Fire Chief 2,080 600 2,680 Assistant Fire Chief 4,160 1,320 5,480 Division Chief 4,625 1,320 5,945 Division Chief 4,160 600 4,760 Battalion Chief 4,669 0 4,669 Battalion Chief 4,974 0 4,974 Battalion Chief 2,202 600 2,802 Total City Payment $28,950 $5,040 $33,990 13 Management states that this benefit was allowed since the Police Department management personnel have this benefit. Although this is not part of the personnel policies Fire Management represents that they have a memo from the City Manager allowing this benefit. Recommendation: No. 1 The Budget Task Force would recommend reconsideration of the Fire Department policy that increases an exempt management employee hourly rate for a level of education that is required in their job description. In theory, the minimum/maximum salary ranges should already include payment for the level of education required in the job description. Since their union employees do not receive this benefit, there is no compression caused by this benefit. The state statute appears to exempt certain State management positions from the State education compensation. The statute also allows for any questionable positions to be submitted to the State for clarification. The Budget Task Force would recommend that the list of management employees that require a degree as part of their job description be submitted to the State for clarification and approval Estimated Potential Cost Reduction: Fire management employee savings of $28,950 x fringe benefit rate of 50% _ $43,425 Police Department- Sworn officers in the Police Department (Union and Non-Union) are being paid $1.00 per hour for an Associates Degree and $2.00 per hour for a Bachelor's Degree in addition to the State mandated minimum education payments. This hourly rate applies to all hours to include overtime. The State required minimum incentive pay is a fixed amount per month regardless of the number of hours worked. There is a significant difference in these two methods. As noted previously, some officers have a large number of overtime and even double overtime hours. Example: Bachelor's Degree $2.00 per hour + fixed $960.00 State mandated payment- the annual City cost is as follows: Hours Worked State Mandated Pa ment City Hourly Pa ment Total Pa ment 2,080.00 960.00 4,160.00 5,120.00 2,185.25 960.00 4,370.50 5,330.50 2,807.50 960.00 5,615.00 6,575.00 2,881.75 960.00 5,763.50 6,753.50 3,082.00 960.00 6,164.00 7,124.00 Recommendation No. 2: The State statute for Police simply requires a minimum payment by the City for an Associate and Bachelor degree (as well as some other education not to exceed $130 per month). This is not a cost that is reimbursed by the State similar to the Fire statute. Since the City already pays well above this statute minimum requirement by allowing $1.00 per hour for an Associates degree and $2.00 per hour for a Bachelor's degree, the State minimum amount should not also be paid to the employees. This is a duplicate payment to the employees. The State required minimum payment would be $89,340 and the City actually pays out $461,298 in education supplemental pay. Therefore, the Budget Task Force would recommend that the City cease paying the Police employees the "State Supplemental Education Pay". 14 Estimated Potential Cost Reduction: The annual amount paid by the City for "State Supplemental Education Pay" is $89,340. Total potential savings = $89,340 + fringe benefits 50% _ $134,010 Recommendation No. 3: The City should consider changing all policies and union agreements to present a fixed rate per month instead of an hourly rate for both an Associates and Bachelor's degree. This would ensure that all employees with an Associates Degree would have the same annual benefit and all employees with a Bachelor's Degree would have the same annual benefit. This would remove the education payments from the hourly rates which include overtime factors. In essence, the education benefit should be a fixed amount for each degree and should not fluctuate due to someone working overtime. Estimated Potential Cost Reduction: The amount paid by the City for the education supplement hourly rates above 2,080 hours is $49,458. Total potential savings = $49,458 + fringe benefits 50% _ $74,187 15 FAIR LABOR STANDARDS ACT (FLSA) TIME Reference• FLSA Employees Leave Days Policy No. EB-2 Human Resources Policy Manual Statement• The Human Resources Policy Manual does not allow overtime or compensatory time for exempt employees except under extraordinary circumstances. Certain key employees that are exempt for overtime purposes are given FLSA days to compensate them for the additional after-duty hours they work These days are not allowed to be carried over into another year. Hours not taken are forfeited. Findings: Certain management exempt positions are receiving both overtime and FLSA time. Position Overtime 2007 FLSA Fire-Battalion Chief $7,742.17 $971.04 Fire-Battalion Chief 14,050.01 886.08 Fire-Battalion Chief 2,022.36 931.68 Police- Captain 2,971.81 1,121.84 Police- Captain 1,191.87 796.48 Police-Captain 2,330.69 1,505.04 Police- Communications Manager 13,849.98 500.32 Police- Communications Supervisor 504.17 612.00 Police-Lieutenant 2,523.21 1,147.44 Police-Lieutenant 190.05 1,529.92 Fleet Maintenance Superintendent 515.16 588.64 Street Superintendent 2,915.57 613.76 Construction Superintendent 1,853.99 717.60 Totals $52,661.01 $11,921.84 Recommendations: The Budget Task Force would recommend that the City not allow overtime-exempt employees to be paid for overtime except in emergency situations such as hurricane recovery time. If this is not feasible, these positions should be removed from the FLSA eligibility list. If employees are allowed to receive overtime or comp time in lieu of overtime (other than emergency situations), they should not be eligible for FLSA time. Estimated Potential Cost Reduction: $52,661 + fringe benefits (estimated 7.65% FICA) _ $56,690 16 TUITION REIMBURSEMENT PROGRAM Reference• Employee Development and Training Policy (No.GA-39) IAFF Contract- Article 44 Compensatory Time and Tuition Reimbursement Program Employees in the IAFF union may receive compensation time not to exceed 72 hours for off-duty education or training as authorized and approved by the Fire Department in lieu of tuition reimbursement (see "Absence with Pay-Away with Pay") Findings In 2007, there were 58 employees in the tuition reimbursement program. The total cost to the City for this period was $121,113. Of these 58 employees, there were sixteen (16) employees being reimbursed tuition for Master's Degrees at a total cost in 2007 of $63,501 (52.43% of total tuition reimbursement cost). There is no job description in the City that requires a Master's Degree. These degrees were either in Organizational Leadership, Educational Leadership, Public Administration or Criminal Justice. Two (2) employees subsequently terminated their employment with the City. Two 2) employees receiving tuition reimbursement are in the Deferred Retirement Option Plan (DROP) Plan and are actually retired for pension plan purposes. Eight (8) of these employees are within a few years of retirement eligibility. There are currently 40 employees in the tuition reimbursement program. Of these there are 15 in the Fire Department, 18 in the Police Department and 7 in other departments. There are 15 employees taking a Master's Degree program (37.5%). Some of these employees are taking 12-21 hours of courses in one semester. Some of these courses are on-line computer courses. This number of hours is considered full-time enrollment in college course work. Tuition reimbursement is not an eligible cost for pension calculations but, by allowing Fire employees to receive comp time in lieu of tuition reimbursement, comp time is currently eligible for bension calculations. Recommendation No. 1 The Budget Task Force would recommend that the City review their policy on tuition reimbursement and consider only reimbursing Associates and Bachelor's degrees that pertain directly to an employee's present position or a position that they are potentially qualified to be promoted to. This would eliminate all payments for Master's degrees since there are no job descriptions in the City requiring this level of education. 17 Departments should monitor those employees taking substantial hours to ensure the college course work is not being done on duty time (especially on-line courses) or that the burden of this number of courses in a single semester is not impacting job performance. Estimated Potential Cost Reduction Assuming the same level of cost as 2007 there would be a cost reduction of $63,501 for eliminating the master's degree reimbursement programs. $63,501 + fringe benefits (estimated 7.65% FICA only) _ $68,360 Recommendation No. 2 The City should not allow the substitution of compensatory time for tuition reimbursement since compensatory time will have a fringe benefit factor applied to the cost and will be allowed in the calculation of pensions whereas tuition reimbursement would not be eligible for pension and is simply an expense reimbursement. Estimated Potential Cost Reduction Unknown impact due to inability to document employee choice of comp time over tuition reimbursement and impact on pension costing. Estimate only- $50,000 18 LEAVE OF ABSENCE WITH PAY (AWAY WITH PAY, COMP TIME) Reerences• Human Resource's Policy Manual. Section 503 Administrative Policies and Procedures Manual- GA36 Compensatory Time-Police IAFF Union Contract, Article 31 Leave of Absence with Pay IAFF Union Contract, Article 44 Compensatory Time and Tuition Reimbursement PBA Union Contract, Article 16 Leave of Absence with Pay NCF&O Contract, Article 17 Leave of Absence with Pay In most departments of the City, Away with Pay time is used to account for activity away from an employee's work site to include court time, jury duty, conferences, seminars, conventions and other similar meetings which are to be approved by the City. In the Fire, Police and NCF&O union contracts a similar explanation is given. The training, conference, seminar or meeting must be approved by the Department Head and the City Manager. Absence with Pay shall not be considered as time worked in the computation of overtime. No overtime will be considered due to this benefit. However, there is also allowance for overtime consideration if the training is for City business. In the Administrative Policies and Procedures Manual, Policy GA36, the Police union personnel may receive compensation time in lieu of overtime at their discretion not to exceed sixty (60) hours inclusive of the time and a half conversion. In the IAFF Union Contract, Article 44, it appears that comp time may be received for certain education/training not to exceed 72 hours. Findings• The total "Away with Pav" costs for 2007 are as follows: De artment Hours 2007 Cost City Manager/PIO 253.5 $13,543 Human Resources/Risk Management 414.5 13,730 City Clerk 117.5 3,453 Finance 216.5 6,735 City Attorney 2.0 46 Administrative Services 82.5 3,277 Information Technology 489.0 16,677 Community Improvement 410.5 12,836 Police 15,791.5 408,800 Fire 15,124.8 434,212 Planning & Zoning 136.0 5,557 Engineering 101.0 4,629 Public Works 458.0 7,976 Fleet Maintenance 357.5 8,791 Parks & Recreation 1,352.8 44,671 Water & Sewer 1,353.8 30,606 Total Costs 2007 36,661.4 $1,015,539 19 84.3% of the total hours in this category were in the Police and Fire departments. 83.01% of the total costs in this category were in the Police and Fire departments. There are 392 employees in the Police and Fire departments out of 821 total employees in the City of Delray Beach. Therefore, Police and Fire represent 47.8% of the workforce yet they are spending 83-84% of the Away with Pay costs. Most of the Away with Pay costs for the non-Public Safety departments are seminars, conferences, conventions or similar events although some hours are in-lieu overtime payments. Therefore, the focus of the analysis is on these two areas (Police and Fire departments). Police Department A sample of employees in this department with significant Away with Pay is as follows: Em to ee Hours 2007 Cost Communications Supervisor 207.0 $6,065 Police Officer 1st Class 221.0 5,613 Police Sergeant 145.0 5,315 Career Officer 3 310.0 10,252 Career Officer 2 197.0 6,225 Career Officer 2 360.0 11,279 Police Sergeant 216.0 8,174 Police Sergeant 185.0 6,768 The Police Department was given this listing and they replied that most of this time was overtime and the employee chose "Compensatory Time" in lieu of overtime in order that they could have additional time off. The total cost of Away with Pay time for the Police Department was $408,800. Fire Department A sample of employees in this department with significant Away with Pay is as follows: Em to ee Hours 2007 Cost Assistant Fire Chief- exem t 189.0 $10,506 Paramedic Lieutenant 280.5 9,620 Firefighter 455.0 11,339 Battalion Chief- exem t 387.0 15,472 Paramedic 379.8 8,596 Paramedic Lieutenant 418.0 15,545 Battalion Chief- exem t 542.0 20,183 Paramedic Lieutenant 276.0 10,266 Driver Engineer 467.2 12,787 Paramedic Lieutenant 402.0 13,206 The total cost of Away with Pay time for the Fire Department was $434,212. 20 A listing of employees with significant Away with Pay time was submitted to the Fire Department. Responses were received on non-management employees that showed the primary reasons were "Comp Time", "Union Time Pool", "Investment Seminars" (Police/Fire pension plan investment seminars, and various training seminars. The comp time is in lieu overtime. The union time pool costs are offset with contributed time from union employees. The individuals on the pension board attending the investment seminars are allowed up to 10 shifts off for these seminars per the directive of the Fire Chief. This would represent 240 hours of time off for investment seminars unrelated to their City job as a Paramedic Lieutenant and could present part of the overtime needed for minimum manning. Fire management employees are exempt employees. However, these employees are charging overtime and comp time. We were advised that Fire management employees keep their own comp time records. Management employees are allowed to have unlimited comp time banks but they do not get paid for these banks at termination. Their comp time is overtime straight. The fringe benefit factor applied to overtime is basically only 7.65% (FICA) and this cost is not eligible for pension. Overtime is not part of earnings in the calculation of pensions. Away with Pay time is considered re~,ular pay and is eligible for pension. Therefore, employees are increasing their potential future pension earnings by electing Away with Pay time (Comp Time) in lieu of overtime. Recommendation No. 1 This would appear to be a payroll coding problem. Away with Pay time was originally set up to account for time on City business away from the City. Compensation Time (payment in lieu of overtime) should be separated in the payroll system from Away with Pay (seminars, conferences, jury duty, court time) and treated the same as overtime and should not be considered in the future calculation of pension benefits. Actual City overtime costs are being hidden because comp time is showing up as regular pay in the buffet. Estimated Potential Cost Reduction Assuming 75% of Police and Fire charges to Away with Pay is actually overtime, 75% of $843,000 is $632,250 that would no longer be eligible for pension calculations and would not have the full fringe benefit costs applied, only FICA. While this would not save any pension costs in the current budget, it would be a direct savings to pension plan costs in the future at some point or employees will choose to be paid for their overtime and work the time they normally would have taken off (increased productivity). If overtime is not eligible for pension then comp time (in lieu of overtime) should not be considered eligible for pension. Assuming the average pension for Police and Fire would be 75% of allowable earnings, the savings to the future pension costs (or improvement to productivity) would be as follows: 632,250 x 75%= $474,188 per year 21 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 2, 2008 SUBJECT: AGENDA ITEM WS.4 - SPECIAL/WORKSHOP MEETING OF JUNE 10, 2008 OLD SCHOOL SQUARE PARK PHASE ONE MASTER PLAN PRESENTATION ITEM BEFORE COMMISSION This item is before Commission to hear a presentation from Glatting Jackson Kercher Anglin Inc. on the Old School Square Park Expansion Phase One Master Site Plan and to consider proceeding with design. This presentation will also include comments generated by the Old School Square Board. BACKGROUND The purpose of this project is to provide an integrated design for the existing Old School Square site and the new downtown park which is together referred to as the Old School Square Cultural Arts Center. The Old School Square Park Phase One project includes two phases of work by Glatting Jackson. Glatting Jackson's first phase includes creation and refinement of programming and proposed features for the grounds and expanded site of Old School Square as presented by the preliminary master plan. Their second phase will include development of construction documents for the Phase One Park Project based on parameters and planning elements established in Glatting Jackson's first phase work. REVIEW BY OTHERS The Old School Square Board heard a presentation regarding the proposal for Phase I park development at their meeting of April 22, 2008. They are recommending approval of phase I for design and construction with the provision that pavilions proposed adjacent to the south wall of the parking garage be deleted and all four information kiosks proposed for the project be included in the first phase. They also recommend that they be directly involved in the development of planned improvements for future phases of the park. FUNDING SOURCE Funding for design and construction of phase I of the park improvements is from account #334-4151- 572-63.59, Old School Square Park. RECOMMENDATION Staff seeks Commission direction for Glatting Jackson Kercher Anglin Inc. to proceed with design of the Old School Square Park Expansion Phase One based on the proposed master site plan as recommended by the Old School Square Board. icy f r c ~stirr~at~ of proba~~e cor~~tructior~ oo~t~ F~ ~ ~°/0 ®t~~n ~n~ $379,239 Old School Square, Inc. Quarterly Board Meeting Board of Directors Tuesday, Apri122, 2008 (From the Meeting Minutes) III. Presentations ii. City Park -Vote requested: Give direction for City Commission. Bill Branning recommended preceding with Phase I, provided that plan is revised to eliminate the pavilions next to the Garage and include all four info kiosks into Phase I for proper signage/ identification. Old School Square also requested more involvement in the design and implementation and revisions to the entire Master Plan for the Park. Scott Porten seconded motion, all in favor. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: May 29, 2008 SUBJECT: AGENDA ITEM WS.S -SPECIAL/WORKSHOP MEETING OF .TUNE 10, 2008 ALTERNATIVES REGARDING HISTORIC DISTRICT BOUNDARY ADJUSTMENTS ITEM BEFORE COMMISSION Discussion on de-designation/redefining boundaries/change of classification for Historic Districts via 5 versions of Ordinance 09-08. Five versions of this ordinance are before you for discussion of the different options and direction as to which version should be moved forward. BACKGROUND Version 1 At the February 12, 2008 workshop meeting, Version 1 of the attached Proposed Ordinance 09-08 came to you for discussion regarding "Removal of Historic Designation" (this was the Alt. Version 1 at that meeting). Your direction was to move forward with the alternative version of the ordinance. During that meeting, there were concerns expressed about the "super majority" requirement for approval by the Commission as well as with having to obtain the signatures of "all" property owners. Version 2 Version 2 was drafted to address some of the concerns expressed with Version 1 at the workshop meeting by requiring only a majority vote of the Commission and a majority of owners' signatures (51%). Version 3 Version 3 was drafted as a more limiting alternative that provided that only the City Commission could initiate the removal process. Versions 1, 2, and 3 go the Boards Versions 1, 2 and 3 were then taken to all of the Boards, including the CRA, DDA, WARC, Pineapple Grove, HPB, and the P&Z Board. The CRA, DDA, WARC, and Pineapple Grove Boards supported Version 2. HPB expressed concerns and preferred not to adopt any "removal" process because they felt that prior to obtaining updated surveys, the ordinance was premature. Nevertheless, they stated they could support Version 2 if required to pick one of the options. Version 4 The P&Z Board approved Version 2 at their meeting, but their approval was subject to certain substantial changes being included which resulted in Version 4 of the ordinance which re-names the sections. The renaming changed "Removal" to "Redefining Boundaries for Historic Districts" in order to provide a criteria and a method for not only removing historic properties but P&Z also recommended adding them to the districts as determined by a survey to be completed by the City at least every 5 years (however, the attached Version 4 ordinance provides that the City may conduct the survey every 5 years). P&Z expressed that this would restrict anyone initiating the process to using the City's survey; however, owners can only initiate the process within 12 months of the date of the last survey while the City Commission and HPB can initiate at any time within the 5 years between each survey. P&Z expressed that this would likely help provide a sort of balancing system wherein the owners would likely remind the City to perform the survey each 5 years. P&Z also stated that signatures of at least 75% of owners located in the affected area should be obtained as opposed to the signatures of all owners as is contained in Version 1 or of just a majority (51%) contained in Version 2. Version 5 Finally, Version 5 came about as a sort of "fine-tuned version" of P&Z's suggested changes (contained in Version 4). Instead of calling it "Redefining Boundaries", Version 5 is entitled "Removal from or Expansion into a Historic District" and "Change of Historic Classification". This version provides for properties to be removed from or added to historic districts based on aCity-initiated survey that may be conducted every 5 years; however, owners can only initiate the process within 12 months of the last survey (the same as in Version 4) but as a second option, properties may be re-classified as contributing or non-contributing without necessarily adding to or taking away from existing districts if a survey recommends the reclassification, which can be initiated by HPB or City Commission within 5 years of the last survey or by property owners within 12 months of the last survey. The remainder of Version 5 mirrors the language in Version 4, including the language requiring 75% of owners' signatures. 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WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for removal of Historic Designation' and 4.5.1(0), "Removal Procedures", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Removal of Historic Designation from Part of a Historic District: (a) If a Property owner within the Part of the district seeking removal of the designation determines that they want to retain the designation for their (O) Removal Procedures. (1) Applications for removal shall be made to the Historic Preservation Soard on an application form developed and aP~roved by the Soard (a) AP~lication for removal of a historic designation from Part of a district maybe initiated by written request of: (1) The owner(s) of the designatedproPert~ies~ 1. a current survey of the Part of the district seeldn~ removal Prepared within the last twelve (12~ months by a Historic Preservation Planning Expert located in South Florida; 2. a letter of iustification for the removal Prepared by a Historic Preservation Planning Expert located in South Florida; 3. a curriculum vitae of the Historic Preservation Planning Expert located in South Florida that ORD. N0.09-08 (1) If, after a survey conducted within the last twelve (12) months, a Historic Preservation Planning Expert in historic structures and districts located in South Florida removed which includes said ProPert~T may not have the designation removed Lentil the tax exemption expires Pursuant to LDR Section 4.5.1 3 . performed the survey and prepared the iustification letter above; 4. photographs and addresses of all properties within the part of the historic district seeldn~ removal of the designation; and 5. signatures of the owners of all properties within the part of the historic district seeking removal. (2) The Historic Preservation Board; or (3) The City Comrrrission it generally conforms with historic status criteria. The Planning and Zoning Director or his/her designee shall then prepare a removal of designation report which shall contain the following: (a) Proposed legal boundaries of the historic building, archaeolo 'cgr al site, structure, or district; (b) Analysis of the historic significance and character of the propert~ies~ for which removal of historic designation has been sought. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall ORD. N0.09-08 the designation A maiority of the entire Board present and voting must act in the affirmative to transmit the recommendation for removal to the City Commission. The City Comrrrission shall consider the recommendation through its standard ordinance adoption procedures, except that at least four (4) affirmative votes of the City Comrrrission are necessary to remove a designation. not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. N0.09-08 Rev. 8 3/25/08 VERSION 2 VERSION 2 ORDINANCE N0.09-08 (alt # 4) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", SY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REMOVAL OF HISTORIC DESIGNATION FROM PART OF A DISTRICT", AND ANEW SUBSECTION 4.5.1(0), "REMOVAL PROCEDURES", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR REMOVING A HISTORIC STRUCTURE, BUILDING, SITE, OR PART OF A DISTRICT FROM THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for removal of Historic Designation' and 4.5.1(0), "Removal Procedures", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Removal of Historic Designation from Part of a Historic District: (1) If, after a survey conducted within the last twelve (12) months, a Historic exFerience and exFertise in South Florida develoFmental and architectural history determines that a Fart of a district that touches the edge of the boundary of the historic district as it existed (a) If a FroFerty owner within the Fart of the district seeking removal of the designation determines that they want to retain the designation for their (O) Removal Procedures. (1) AFFlications for removal shall be made to the Historic Preservation Soard on an aFFlication form develoFed and aF~roved by the Soard (a) AF~lication for removal of a historic designation from Fart of a district maybe initiated by written request of: 1. a current survey of the district seekir~ removal FreFared within the last twelve (12) months b~ Historic Preservation Planning E xFe the National Park Service Professional Qualification Standards for Historic Preservation and Possessing a demonstrable level of historic Preservation exFerience and exFertise in South ORD. N0.09-08 Fart of the district may be removed in accordance with the Procedures in LDR Section 4.5.1 O . removed which includes said FroFert~T may not have the designation removed Lentil the tax exemFtion exFires Pursuant to LDR Section 4.5.1 3 . Florida developmental and architectural history (if none has been Prepared within the last twelve (12) months, then said owner(s) shall bear the expense for the survey); 2. a letter of iustification for the removal Prepared by the Historic Preservation Planning E xpert; 3. a curriculum vitae of the Historic Preservation Planning Expert that Performed the survey and Prepared the iustification letter above; 4. Photographs and addresses of all Properties within the part of the historic district for which removal of the designation is sought; 5. signatures of the mai on , of the Property owners within the part of the historic district seeldn~ removal. (2) The Historic Preservation Board; or (3) The City Commission which shall contain the followii~: (a) Proposed legal boundaries of the historic building, archaeolo 'cgi al site, structure, or district; (b) Analysis of the historic significance and character of the Propert~ies~ for which removal of historic designation has been sought. (c) A staff recommendation as to whether or not removal is warranted due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or Part of a district. (3) Upon completion and formal review of the report, a Public hearing shall be held on each Proposed removal of historic designation. Notice of said hearing shall be made to the owner(s) of the affected district at least ten (10~~Prior to the hearing b~gular mail. Additional notice shall be given in the same manner as Provided for a rezoning action [see ORD. N0.09-08 Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. N0.09-08 removal of the designation A maiority of the entire Soard present and voting, must act in the affirmative to transmit the recommendation for removal to the City Commission. The City rea~uperT vote of four (4 votes. Rev. 3/14/08 VERSION 3 ORDINANCE NO. -08 (alt #5) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "PROCEDURES FOR REMOVAL OF HISTORIC DESIGNATION FROM A DISTRICT OR PART OF A HISTORIC DISTRICT", IN ORDER TO PROVIDE A METHOD FOR REMOVAL OF A DESIGNATION FROM A DISTRICT OR PART OF A DISTRICT; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(N), "Procedures for Removal of Historic Designation from a District or Part of a Historic District", of the Land Development Regulations of the CitS~ of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (N) Procedures for Removal of Historic Designation from a District or Part of a Historic District: (1) The Cit<~ Commission shall initiate the removal of a historic designation from a district or dart of a district and shall make a final determination in accordance with the procedures below. (a) A comprehensive surve,~~leted within the last five ~Lyears or less shall be considered including all structures within the boundaries of the entire historic district prior to removal of a historic designation of a historic district or an~part thereof. (b) The survey shall be conducted according to the following_ 1. The survey shall be or have been conducted b~dualified planning consultant or team (contracted through the Ci ,~ and meeting the National Park Service Professional Qualification Standards for Historic Preservation possessing a demonstrable level of historic preservation experience and expertise in South Florida developmental and architectural history 2. All surveys shall contain a detailed report to include an historical overview of the area in terms of both development and architecture. (c) Exception for properties receiving tax exemption: 1. If it is determined that a district or part thereof should have its designation removed. but properties within that area have received tax exemptions pursuant to LDR Section 4.5.1(M) as contributing structures within a historic district, the property owner shall apply to individuall~gnate their property pursuant to Section 4.5.1 (B) and (C). but if they do not dualifv for individual designation. then the district or part of the district being considered for removal may not have the designation removed until the tax exemptions expire~~pursuant to LDR Section 4.5.1(M~31. (2) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each survey and report and shall then prepare a removal of designation report which shall contain the following_ (a) Proposed legal boundaries of the historic building, archaeological site, structure, district or part of a district that should be removed; and (b) Analysis of the historic significance and character of the properties, which removal of historic designation is being considered. ORD. NO. -08 (c) A staff recommendation as to whether or not removal is warranted due r to irreversible loss of historic integritt~ as a result of inappropriate development within a historic district or part of a district. (3) Upon completion and formal review of the report, a public hearing shall be held on each proposed removal of historic designation. Notice of said hearing shall be made to the owner (~) of the affected district at least ten (10~~s prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action see Section 2.4.2(B)(1)(b)1 and b~ notice published in the newspaper at least ten (10~~prior to the hearing; provided, however,~osting pursuant to 2.4.2B,~11)(b) is not reduired. (4) After conducting the public hearing. if the Historic Preservation Board finds that the survey. report. and staff recommendation illustrate that the historic integrit<~ of the propert<~ has been irreversibly lost due to inappropriate development in the district or part of the district being considered for removal, it shall vote on the recommendation of removal of the designation. A majority of the entire Board,~resent and voting. must act in the affirmative to transmit the recommendation for removal to the City Commission. (5) The City Commission shall consider the recommendation of HPB in the form of an ordinance at a public hearing and shall make a finding as to whether the historic integrity of the propert<~ has been irreversibly lost due to inappropriate development in the district or part of the district being considered for removal based on the evidence presented at the public hearing. If and propert<~ owner within five hundred feet (500') of the edge of the proper ,~ being considered for removal and/or in the historic district wherein propert<~ being considered for removal is located objects to the removal of the historic designation. the City Commission approval of the ordinance allowing removal shall reduire a super majority vote of four (4) votes of the City Commission. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. ORD. NO. -08 PASSED AND ADOPTED in regular session on second and final reading on this the da~~ of 2008. ATTEST MAYOR CitS~ Clerk First Reading Second Reading 4 ORD. NO. -08 ^,''~ 4/29/08 VERSION 4 ORDINANCE NO. 09-08 (alt #6) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND/OR REDUCING HISTORIC DISTRICT BOUNDARIES; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (N1 Criteria for Redefining Boundaries of Historic Districts: (1) A survey of all historic districts may be conducted by the Cit<~ every five (5~ ~e (2) If a survey reveals that a dart of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once dart of a Matted lot that touched the edge but has been subdivided has had its historic integrity irreversibly compromised due to ina~ro~riate development, then the offending art of the district ma~~ be removed and the boundar~~ lines of the historic district reduced to reflect the removal in accordance with the procedures in LDR Section 4.5.1(O~ (a) If a ~ro~ertt~ owner within the dart of the district seeking to reduce the boundaries determines that the~~ want to retain the historic designation for their ~ro~ert~, then they may a~lv to individually designate their pro~ert~pursuant to LDR Sections 4.5.1 B) and (C). If a ~ro~ert<~ has received a tax exemption pursuant to LDR Section 4.5.1(M, as a contributing structure within a historic district but does not duali ,~ for individual designation, then the part of the district seeking to be removed from the district which includes said property may not be removed until the tax exemption expires pursuant to LDR Section 4.5.1(M~3~. (3) If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures in accordance with the procedures in LDR Section 4.5.1(O~ (O) Procedures for Redefining Boundaries of Historic Districts. (1) Applications for redefining boundaries of an historic district shall be made to the Historic Preservation Board on an application form developed and approved by the Board. (a) An application for redefining boundaries of a historic district may be initiated by written reduest o£ 1. The Historic Preservation Board at any time so long as a City- initiated surve~~ has been consulted that was performed within five (5) years or less: 2. The City Commission at any time so long as aCity-initiated surve~~ has been consulted that was performed within five (5) years or less: or ORD. NO. 09-08 3. Anv owner(sl of ~ro~ert~iesl within a historic district as long as they initiate the process within a twelve (12) month window from the date of the last Citt~-initiated survey a. If an owner(sl of designated ~ro~ert~iesl seeks to redefine the boundaries of a historic district, then they shall provide: i. ~hotogra~hs and addresses of all ~ro~erties that will be either removed from or added to the historic district and; ii. signatures of sevent<~-five percent (75%1 of the property owners that are located in the area that will be removed from or added to the historic district. 21 The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each a~lication seeking to redefine the boundaries to determine if it generall~~ conforms with criteria for redefining boundaries provided in Sections 4.5.1(N1~21 and 4.5.1(N1~31. The Planning and Zoning Director or his /her designee shall then ~re~are a report which shall contain the following_ (a1 Proposed revised legal boundaries of the historic district; (b1 Analysis of the historic significance and character of the ~ro~ert~iesl to be added or subtracted from the historic district. cl A staff recommendation as to whether or not the boundaries should be reduced to remove ~ro~erties due to irreversible loss of historic integrity as a result of ina~ro~riate development within a historic district or dart of a district or whether or not the boundaries should be expanded due to an increase in contributing structures adjacent to the district. 31 Upon completion and formal review of the rebort_ a public hearing shall be held. Notice of said hearing shall be made to the owner(s~ of all ~ro~erties within the subject historic district and the owner(sl of all ~ro~erties within five hundred feet (500'1 of the properties to be added or subtracted at least ten (10~~~rior to the hearing b~regular mail. Additional notice shall be given in the same manner as provided for a rezoning action see Section 2.4.2B1(11(bll and by notice published in the news~a~er at least ten (101 days prior to the hearing, provided: however,~osting~ursuant to 2.4.2(Bl(11(bl is not reduired. (41 After conducting the public hearing, if the Historic Preservation Board finds that the a~lication to redefine the boundaries fulfills the ~ro~er criteria to add or subtract ORD. NO. 09-08 properties and all procedures have been followed correctly. it shall vote on the recommendation to increase or reduce the boundary lines of the historic district. A majoritt~ of the entire Board, present and voting, must act in the affirmative to approve the application seeking to redefine the boundaries. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the Cit<~ Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if andproperty owner within the subject historic district or within five hundred feet (500') of the edge of the propert<~ seeking to be added or subtracted from the historic district objects to the new boundaries of the historic district. the Cit<~ Commission approval shall reduire a super majority vote of four (4 votes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR CitS~ Clerk First Reading Second Reading 4 ORD. NO. 09-08 ^~ ^,''~ 5/28/08 VERSION 5 ORDINANCE NO. 09-08 (alt #7) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (N) Criteria for Change of Historic Designation and/or Classification: (11 A survey of all historic districts may be conducted by the Cit<~ every five (5~ years. The survey report may recommend changes to the historic designation and/or classification of ~ro~erties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that apart of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once dart of a Matted lot that touched the edge but has since been subdivided has had its historic integrit~~ irreversibly compromised due to ina~ro~riate development as determined by the survey consultant, then the offending part of the district maw removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(O~ 1. If a ~ro~ert<~ owner within the dart of the district seeking removal from the historic district desires to retain the historic designation for their ~ro~ert~ then the~~~1 individually designate their ~ro~erty pursuant to LDR Sections 4.5.1(B) and (C). If a ~ro~erty has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not dualif~~ for individual designation, then the dart of the district seeking to be removed from the district which includes said ~ro~erty may not be removed until the tax exemption expires pursuant to LDR Section 4.5.1(1VI~31. bl Criteria for Change of Historic Classification: If a Cirn-initiated survey conducted within the last five (5Lyears reveals that a ~ro~ert~ within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance". which would reclassify properties from non- contributing to contributing, or: 2. The survey recommends that a propem~ or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non- contributin~. (c) Criteria for Expansion of a Historic District: If a survey reveals that a historic district should expand its boundar~~ lines due to the increase in ORD. NO. 09-08 structures deemed to be contributing, then that historic district mad redefine its boundaries to include the adjacent contributing structures in accordance with LDR Section 4.5.1(O~, or a new historic district maw created to incorporate those identified ~ro~erties in accordance with LDR Section 4.5.1(C). (O) Procedures for Change of Historic Designation and/or Classification. (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and ma~~ be initiated by written reduest o£ (a) The Historic Preservation Board based upon the recommendations of a survey completed within five (5) years prior to the a~~lication: (b) The Cite Commission based upon the recommendations of a survey completed within five (5) years prior to the a~lication: or (c) Any owners of a ~ro~ertt~ to be removed or added based upon the recommendation of a Cit<~-initiated surve,~~leted within twelve (12~ months or less prior to a~lication. A~lications submitted b~pro~ert<~ owners shall include: 1. ~hotogra~hs and addresses of all ~ro~erties that will be either removed from or added to the historic district and: 2. signatures of at least seven ~-five percent (75%, of the ~ro~ert~ owners that are located in the area that will be removed from or added to the historic district. (2) Procedures for Change of Historic Classification: A~lications to change the historic classification of a ~ro~er ,~ or ~ro~erties within a historic district shall be made to the Historic Preservation Board and may be initiated by written reduest o£ (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey completed within five (5) years prior to the appfication: or (b) The Cite Commission based upon the recommendations of a Cites initiated survey completed within five (5) years prior to the a~~lication: or ORD. NO. 09-08 (c1 Anv owner(sl of a ~ro~ert<~ to be reclassified based upon the recommendation of a Citt~-initiated surve~~leted within twelve (12~ months prior to the a~lication. A~lications submitted b~pro~erty owners shall include: 1. ~hotogra~hs and addresses of all ~ro~erties that will be reclassified as contributing or noncontributing; and 2. signatures of at least seventy-five percent (75%1 of the owners whose ~ro~erties are to be reclassified. 31 The Planning and Zoning Director or his /her designee shall conduct a preliminary evaluation of the information provided on each a~lication to determine if it generally conforms with criteria in LDR Section 4.5.1(N~11. The Planning and Zoning Director or his/her designee shall then ~re~are a report which shall contain the following: (a1 Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the ~ro~ert~iesl to be removed from or added to the historic district; and 3. A staff recommendation as to whether or not the broberties should be removed due to irreversible loss of historic integrit<~ as a result of ina~ro~riate development within a historic district or dart of a district or whether or not the additional ~ro~erties should be added to the historic district due to an increase in contributing structures adiacent to the district. (b1 Change of Historic Classification: 1. Anah~sis of the ~ro~erties to be reclassified; and 2. A staff recommendation as to whether or not the ~ro~erties should be reclassified due to either: a. loss of historic integrity as a result of irreversible alterations to a contributing~ro~er ~; or b. inclusion of an additional "Period of Significance" der the survey recommendations. (41 Upon completion and formal review of the report. a public hearing shall be held. Notice of said hearing shall be made to the owners of all ~ro~erties ORD. NO. 09-08 within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the affected properties at least ten (10~~prior to the hearing b~regular mail. Additional notice shall be given in the same manner as provided for a rezoning action see Section 2.4.2~,~1)(b)1 and by notice published in the newspaper at least ten (101 days prior to the hearing. provided: however,~osting~ursuant to 2.4.2B,~11)(b) is not reduired. (5) After conducting the public hearing, if the Historic Preservation Board finds that the application fulfills the proper criteria and all procedures have been followed correctly, it shall vote on the recommendation. A majority of the entire Board, present and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied. shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if an~propertt~ owner within the subject historic district or within five hundred feet (500') of the edge of the propert<~ seeking a change of historic designation and/or classification objects_ the Citv Commission approval shall reduire a super majority vote of four (4 votes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR CitS~ Clerk First Reading Second Reading ORD. NO. 09-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 3, 2008 SUBJECT: AGENDA ITEM WS.6 - SPECIAL/WORKSHOP MEETING OF JUNE 10, 2008 WASTE MANAGEMENT CONTRACT EXTENSION ITEM BEFORE COMMISSION City Commission consideration of the request from Waste Management fora 5-year extension to the Solid Waste and Recycling Collection Franchise Agreement. In addition, the Commission is asked to give direction to staff regarding the current position of sole source for commercial roll-off containers verses allowing multiple vendors to provide this service (under an application process and other standards). BACKGROUND The City entered into a formal agreement with Waste Management for the collection of solid waste and recycling under an amended franchise agreement dated September 3, 2003. The terms of the agreement state that it begins October 1, 2003 and expires on September 30, 2008 and shall be renewable for one, five-year term upon the approval of both parties. A proposed Amendment #3 to the Solid Waste and Recycling Collection Franchise Agreement dated September 20, 2001 is attached. Amendment #1 provided the City's consent to the purchase of certain BFI assets by Waste Managment, amended the term of the agreement, addressed legal issues, and revised the Hours of Collection section. Amendment #2 expanded the services to include curbside residential vegetative waste to six days per week and to provide for the collection of waste from public transportation shelter receptacles. The changes and/or additions in Amendment #3 are as follows: • Five year term renewable for additional five year terms • Changes to the consumer price index with a "rolling" 5% cap • Anew fuel surcharge • Storm debris language change that requires a contract between the parties prior to WM collecting storm debris (required by FEMA) • Allocates $20,000 per year in-kind contribution for municipal events each year • Amended fee schedule • Clarifies that WM is responsible for the collection of the 30-gallon containers on the Avenue, beach and Pineapple Grove and states that the disposal amount that the City pays annually for the 30-gallon containers are not covered by the disposal credits. A memo from the City Attorney's Office is attached outlining their recommendations on the contract term and storm debris provisions. Charts prepared by the Finance Department comparing the current and proposed rates are also attached for your review (see Proposed Rate Schedule attached). Staff has attached a separate transmittal and summary chart regarding information about roll-off container procedures from nine (9) government entities for your reference. Included in Waste Management's submission is information regarding single stream recycling and a summary of results of Requests for Proposals for Waste Collection Services from 2007. RECOMMENDATION City Commission discussion and direction to staff. {~~- ~~~Z~~O ~ /=~ WASTE MANAGEMENT April zz, zoos Mr. David Harden, City Manager City of Defray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Re: Solid Waste and Recycling Collection Franchise Agreement Dear Mr. Harden: WASTE NlANAGElI/IENT 2700 N.W. ~FBth Street Pompano Beach, FL 33073 Waste Management reques#s a five-year extension to the Solid Waste and Recycling Collection Franchise Agreement. At the request of your staff, i have had Amendment 3 drawn up. It includes some changes and additions. The changes are to the Consumer Price Index, a fuel surcharge index, and a storm debris language change that requires a contract between the parties prior to Waste Management collecting storm debris {this is also required by FEMA). It also includes a $24,000 per year in-kind contribution to the Municipal events that occur each year in Delray Beach. It clarifiies that Waste Management is responsible for the collection of the 34- gallon containers on the Avenue, along the beach and in Pineapple Grove. It states the disposal amount that the City pays us each year for the 34-gallon containers that are not covered by the disposal credits. All other terms and conditions remain the same. I know that your legal department will want to review our work prior to sending the request to the Commission. Included in the packet is the information regarding single stream recycling. The information gives you the offer for a material revenue stream, the provision and delivery of 64-gallon carts and an educational program to be mailed to each residential unit and multi-family complex. ® From everyday rolIeetion to environmental protection, Think Green:M Think Waste Management. The price for collection will not change whether you decide to stay with dual stream or go to the latest technology of single stream. have included, for your information, the results of the RFPs that have occurred in 2007. It shows the prices that were bid in each Municipality and in Unincorporated Paim Beach County that recently were awarded and are effective on October 1, 2008. You will see that the rates that we have requested are very competitive to the rates quoted by others that responded to the RFPs Waste Management is very proud to be the Service Provider to the residents of the City of Delray Beach. We hope that you find our proposal acceptable. As always, I am available to discuss any and all topics of interest to you and your staff. I can be reached on my cell phone at 561-322-5528. Sincerely, G~~ ~-~_ Harold "Butch" Carter, Government Affairs Manager hcarter@wm.com AMENDMENT NO. 3 TO SOLiD WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED SEPTEMBER 20, 2001 THIS AMENDMENT NO. 3 to the Solid Waste and Recycling Collection Franchise Agreement dated September 20, 2001 is made this day of 2008 by and between the CITY OF DELRAY BEACH (the City) and WASTE MANAGEMENT iNC. OF FLORIDA ("WM") WiTNESSETH: WHEREAS, the City and BFI Waste Systems of North America (" BFI") entered into a Franchise Agreement dated September 20, 2001, to provide for the collection of solid waste and recycling materials within the City (the "Agreement"); and WHEREAS, pursuant to Amendment No. 1 dated September 29, 2003, the City consented to an assignment from BFI to WM of the Agreement together with modifications to the term, indemnification provisions and other provisions; and WHEREAS, pursuant to Amendment No. 2 dated September 20, 200b, the parties amended the Agreement to expand the collection of Curbside Residential Vegetative Waste to six days per week and to provide for the collection of waste from public transportation shelter receptacles; and WHEREAS, the parties desire to amend the Agreement to extend the term, provide for a fuel surcharge, modify the rate adjustment for changes in the Consumer Price Index, and require a written agreement for storm cleanup activities. N4W, THEREFQRE, in consideration of the covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: Z. The recitations set forth above are incorporated herein. 2. All capitalized terms shall have the meanings set forth in the Agreement as amended unless the context requires otherwise. 3. Section 1 TERM is amended to read as follows: The term of this Agreement is hereby extended for five years and expires on September 30, 20T3. This Agreement is renewable for additional five year terms upon approval of both parties. 4. Section 6A is amended to read as follows: Solid Waste and Recycling Collection Rate Adjustments: For all Collection services, the charges shall be initially based on the rates established in Exhibit I, and as subsega~ently adjusted pursuant to this Agreement. The Contractor shall receive an annical adjustment in the Residential Solid Waste Collection Service, Residential Recycling Collection Service, Commercial Solid Waste Collection Service and Commercial Recycling Collection Service rates. The adjustment shall be made to the combined category of Residential Solid Waste Collection Service and to Residential Recycling Collection Service and, separately to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service. At the end of the first year of this renewal term and each subsequent year, the collection portion of the rates in this Agreement shall be adjusted for (i) changes in the Consumer Price Index ("CPI) and (ii) changes in fuel costs as set forth in Exhibit II. 2 The Contractor shall supply the City with such further information as may be reasonably necessary. Annual rate adjustments shall be effective October I of each year, beginning October z, 2009, unless otherwise mutually determined by the City and the Contractor. 5. Section 20 NATURAL DISASTERS is amended by adding the following to the end of the Section: The Contractor shall not be responsible for nor have an obligation to collect, transport or dispose of debris or other waste material from a hurricane, severe storm or other natural or man-made disaster unless the City enters into a written agreement with Contractor specifying the terms and compensation for such services. 6. The Contractor historically has provided annually to the City $10,000 worth of in kind services at City sponsored special events. The parties agree that same shall hereby be increased to $20,000 worth of in-kind services at City sponsored events. The City shall treat the in-kind service level as a sponsorship of the event and shall include Contractor as one of the advertised sponsors at the appropriate level where possible. 7. Exhibit I and Exhibit II are deleted and replaced with new Exhibit I and Exhibit II attached hereto and incorporated herein. $. This Amendment No. 3 together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 3 9. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WYTNESS WHEREOF, the parties have executed this Amendment to the Solid Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove written. ATTEST: City Clerl< Approved as to legal form and sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor WITNESSES: (Name printed or typed) WASTE MANAGEMENT, INC. OF FLORIDA John Casagrande, Vice President By: (Corporate Seal) (Name printed or typed} STATE OF COUNTY OF day of corporation. The foregoing instrument was acknowledged before me this 200J by as {name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped S EXHIBIT I Approved Rate Schedule Rates Effective October 1, 2008 ^(Rates are Monthly unless otherwise indicated) Rates: Curbside Cart: Solid Waste Recycling Yard Waste Total (net of FF's) Rear Door Cans: Solid Waste Recycling Yard Waste Total (net of FF's) Curbside Ba s: Solid Waste Recycling Yard Waste Total {ne# of FF's} Multifamily Containerized (per unit} Solid Waste Recycling Total (net of FF's) Commercial Rates: Commercial FEL/ yard (Collection Only) (incl FF's} Commercial Carts (monthly rate) Bus Stop Receptacles {rate/sitelweek) Ralloff Rate filer Haul plus disposal),_~ncl FF's) $5.94 $2.~a $2.50 $10.94 $15.94 $2.50 $2.50 $20.94 $3.94 $2.50 $2.50 $8.94 $3.00 $2.50 $5.50 $5.50 $50A0 $16.00 $225.00 6 EXHIBIT IA Approved Rate Schedule Rates Effective October ~, 2008 Contractor currently picks up individual 30-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total 104 containers, 84 do not have property control numbers and therefore the City is not charged for disposal by Solid Waste Authority but Contractor is so charged .Although the City is not charged for collection (per contract) of these con#ainers the City will reimburse Contractor for the disposal costs related to these containers. The City will be billed $7,390.60 annually which will be computed as follows: 84 - 30 gallon containers picked up 6 times per week $28 per ton disposal rate charge by SWA = $1.88 per cubic yard 30 gallon container = .i5 cubic yards 84 containers X . ~ 5 cubic yards X 6 pickups per week X 52 weeks X $1.88 = $7,390.fi6 Should disposal costs be adjusted by the SWA, the above reimbursement shat! be appropriately adjusted. "~ EXHIBIT II Payment Adjustment Schedule Consumer Price Index Compensation payable to the Contractor for collection services shall be adjusted upward or downward annually to reflect changes in the Consumer Price Index for all urban consumers for Miami-Fort Lauderdale area, all items, as published by the U.S. Department of Labor, Bureau of Labor Statistics {"CPI"). Beginning on October 1, 2009 and on each October 1 thereafter, the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12) month period of July to June. Such upward adjustments shall be limited to a rolling cap of five percent {5%) per annum. Any CPI upward adjustments in excess of five percent (5%) in one (1) year will roll forward cumulatively until a year when the CPI upward adjustment is under five percent (5%). The excess CPI upward adjustment that has rolled forward will then be applied to the extent possible, not to exceed five percent (5%) in any annual upward adjustment. In no case shall the CPI based upward adjustment exceed five percent (5%) in any given year. The Contractor shall notify the City in writing of increases that are based on the CPI, as provided in this section prior to implementation. Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen and utilized, with a comparable rolling cap, by mutual agreement of the City and the Contractor. Fuel Surcharge Contractor shall, on a yearly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of the US Department of Energy {"EIA/DOE"} website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The link is as follows: http://tonto.eia.doe.gov~ooglinfo/wohdp/dieseLasp The adjustment shall be effective October 1, 2009 and every October Z thereafter. After determining the average price of diesel fuel from the aforesaid website ("EIA/DOE fuel cost") for the immediately preceding 12 month period of July to June, the corresponding fuel cost modifier will be calculated pursuant to the following table. Note that for adjustments not shown on the table, the calculation shall be extrapolated from those set forth: S Waste Management -City of Delray Beach Fuel Surcharge Table TABLE FOR FUEL SURCHARGE CALCULATION Avera e Price/ Gallon Percent of Surchar e Avera e Price/ Gallon Percent of Surchar e $ 2.626 to $ 2.716 -10.0% $ 4.036 to $ 4.135 3.0% $ 2.717 to $ 2.807 -9,0% f $ 4.136 to $ 4.235 4.0% 2.808 to $ 2.898 -8.0% , $ 4.236 to $ 4.335 5.D% $ Z.$99 to 2.989 -7.D% $ 4.336 to 4.435 6.0% $ 2.990 to $ 3.080 -6A% $ 4.436 to 4.535 7.0% 3.081 to $ 3.171 -5.0% : $ 4.536 to $ 4.635 8.0% $ 3.172 to $ 3.Z6Z -4.0% - 4.636 to $ 4.735 9.0% $ 3.263 to 3.353 -3.0% ;.:' $ 4.736 to $ 4.835 10.D% $ 3.354 to $ 3.444 -Z.D% , $ 4.836 to $ 4.935 11.0% $ 3.445 to $ 3.535 -1.D% $ 4.936 to $ 5.035 12.0% $ 3.536 to $ 3.635 D.0% ' $ 5.D36 to $ 5.135 13.0% $ 3.636 to $ 3.735 0.0% $ 5.136 to 5.235 14.0% $ 3.736 to $ 3.835 0.0% $ 5.236 to $ 5.335 15.0% $ 3.836 to 3.935 1.0% " 5.336 to $ 5.435 16.0% 3.936 to $ 4.035 Z.0% ; $ 5.436 to 5.535 17.0% Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: June 6, 2008 TO: Doug Smith, Assistant City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Proposed Amendment to the Waste Management Contract After reviewing the proposed amendment I have the following comments: Section 1 Term -Our office would not recommend including the additional 5 year renewable period, after the agreement expires on September 30, 2013, due to the fact that when the agreement was originally bid it only contemplated an initial 5 year term and one 5 year renewal term. Section 20 Natural Disasters - I would not include the proposed language as it could lead to potential disagreements regarding what is or is not storm debris. In order to address Waste Management's concerns I would add the underlined language to the existing paragraph. 20. NATURAL DISASTER: In the event of a hurricane, tornado, major storm or other natural disaster, the Contract Administrator may grant the Contractor a variance from regular routes and schedules. As soon as practicable after such natural disaster, the Contractor shall advise the Contract Administrator when it is anticipated that normal routes and schedules will be resumed. The Contract Administrator shall make an effort through the local news media to inform the public when regular services may be resumed. The cleanup from some natural disasters may require that the Contractor hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Contractor shall receive extra compensation above the normal compensation contained in this Agreement to cover the costs to at least include rental equipment, additional personnel, overtime hours, and other documented expenses provided the Contractor has first secured written authorization and approval from the Contract Administrator prior to the work being performed. All such costs shall be audited by the City's Contract Administrator and Finance Director prior to payment. Also, if the City engages a storm debris removal contractor for storm debris removal, Contractor shall not be required to pick up the vegetative, bulk trash construction debris, or other storm debris (this does not include garbage and Contractor understands that the garbage collection may increase as a result of the storm) during the time the debris removal contractor is actively removing debris from the public rights-of-way. If the City wishes to engage Contractor in this storm debris removal it shall be by separate contract which shall be FEMA approved. Contractor agrees that if the City is still engaging its storm debris removal contractor after a period of 3 months from the date of the event and that Contractor has seen a reduction, that is out of the ordinary, in tonnage of waste hauled as compared to previous years, Contractor agrees to discuss a reduction in fees with the City. PROPOSED RATE SCHEDULE October 1, 2008 Rates: Rates are monthly unless otherwise indicated RESIDENTIAL Curbside Rollout Cart Garbage Collection Recycling Yard Trash Total Fees- Contractor Cart Replacement Administrative Fee Franchise Fee (10%/Contractor Fees) Total Fees Rear-Door Owner Container Garbage Collection Recycling Yard Trash Total Fees- Contractor Administrative Fee Franchise Fee (10% Contractor Fees) Total Fees Curbside Disposable Bags Garbage Collection Recycling Yard Trash Total Fees- Contractor Administrative Fee Franchise Fee (10% Contractor Fees) Total Fees Multi-Family Containerized (Per Unit) Garbage Collection Recycling Total Fees- Contractor Administrative Fee Franchise Fee (10% Contractor Fees) Total Fees Current Proposed $ Rates Rates Increase Increase 3.06 5.94 2.88 1.67 2.50 0.83 2.13 2.50 0.37 6.86 10.94 4.08 59.48% 0.90 0.90 0.00 0.35 0.35 0.00 0.69 1.09 0.41 8.80 13.28 4.49 51.02% 9.72 15.94 6.22 1.67 2.50 0.83 2.13 2.50 0.37 13.52 20.94 7.42 54.88% 0.35 0.35 0.00 1.35 2.09 0.74 15.22 23.38 8.16 53.62% 1.97 3.94 1.97 1.67 2.50 0.83 2.13 2.50 0.37 5.77 8.94 3.17 54.94% 0.35 0.35 0.00 0.58 0.89 0.32 6.70 10.18 3.49 52.07% 2.31 3.00 0.69 0.98 2.50 1.52 3.29 5.50 2.21 67.17% 0.35 0.35 0.00 0.33 0.55 0.22 3.97 6.40 2.43 61.25% COMMERCIAL Current Proposed $ Rates Rates Increase Increase Commercial Containers (Per Cubic Yard/Month) Container Collection 1.45 5.00 3.55 244.83% Commercial 95 Gallon Cart Service (Example: 2x a week pickup) Container Collection 6.14 26.85 20.71 Disposal 16.28 16.28 0 Container Maintenance 2 2 0 Total Contractor Fees 24.42 45.13 20.71 84.81% Administrative Fee 0.35 0.35 0 Franchise Fee(10% Contractor Fees) 2.44 4.52 2.08 Total Fees 27.21 50.00 22.79 83.76% Bus Stop Receptacles Rate per site per month 56.29 69.28 12.99 23.08% Rolloff Rate Rate per pickup (Includes 10% Franchise Fee) 115.28 225.00 109.72 95.18% City of Delray Beach MEMORANDUM TO: Lula Butler, Director of Community Improvement THRU: Al Berg, Assistant Director of Community Improvement FROM: Richard Bauer, Code Enforcement Administrator DATE: June 2, 2008 SUBJECT: Roll-Off Containers We obtained information about roll off procedures from nine (9) government entities. As can be seen in the chart, the rates for franchise and annual fees vary widely. Each city/county has established fees which are geared to their particular record keeping. Some have high franchise fees and lower percentage fees collected on general hauling amounts, while others are totally reversed. One (Boynton Beach) does their own collections by city crews, another has an exclusive contract, but most have a combination of haulers. Residential, single family waste is usually handled either by the municipality or a single hauler while multi-family, commercial and construction waste is usually handled by multiple contractors. The advantages to having multiple vendors for multi-family, commercial, and construction related is obviously for open competition which may result in a better deal for the customer who is free to shop for the best price for the service. Multiple bids may be solicited and prices may vary depending on market conditions. If the customer receives poor service, he is free to cancel the contract and shop for another vendor. The disadvantages include monitoring several different companies, verifying insurance, monitoring different contracts, and city staff dealing with several vendors and possible sub- contractors for contract compliance. Different contracts would have to be drawn up and city staff would be in a more difficult position to keep track of numerous contractors. Another disadvantage would be that the contract would be divided between residential, single family and all the rest. Because of this decision, the City would not be in a better position to negotiate price, and the cost for residential would probably rise. Here are some reasons why the city should maintain "sole source" roll off: • Waste Management has been providing services to the city for all types of trash collections. They have insurance, indemnity agreements, and procedures in place to deal with common problems such as private property damage, street damage, and cart damage. • The exclusive arrangement helps to keep Waste Management's rates low. If the exclusive arrangement is lost, Waste Management may need to increase other rates to make up for the lost revenue. • Our relationship with Waste Management over the years has provided an excellent relationship allowing staff to quickly resolve any customer issues. This benefits both the city by reduced staff oversight and the customer by prompt resolution of problems. • Waste Management has very competitive rates and has not abused sole provider statues. Over the phone, on June 2, 2008 we obtained the following rates from roll off providers (we did not identify ourselves to the companies): • Company: RTS SWS ^ 20 yrd $375 20 yrd $375 ^ 30 yrd $475 30 yrd $475 Allstar WM ^ 20 yrd $350 20 yrd $338.51 ^ 30 yrd $450 30 yrd $448.61 At the current time, franchise fees paid by Waste Management for roll off containers are not tracked separately. However, year to date total franchise fees received from Waste Management are over $235,000, partially due to the sole provider status for roll offs. Because of the complexities of dealing with multiple contractors, we recommend continuing with the sole provider with some ordinance changes to enhance enforcement efforts. Commercial Roll--Off Com orison Entity Principal Regular Exclusive Roll Off Non Exclusive Roll Off Waste Collector Provider? Provider Fees and Procedures City of Boca Raton Municipality No Annual franchise fee: $2,500 Application fee: $500 Monthly franchise Fee: 15% of ross C & D City of Boynton Beach Municipality Yes-Municipality NIA City of Fort Lauderdale Combination No Application fee; franchise Municipality & fee 17% of gross revenues; Licensed Private performance standards Haulers City of Hollywood Primarily city for No Require franchise and residential {single & application fees set by duplex dwellings) commission; numerous performance standards City of Lake Worth Municipality Yes -Southern Waste NIA Systems City of Miami Municipality No; there are at least Annual permit fee: $1,000 25 commercial plus an additional $500 haulers as of 5129108 per year; monthly franchise fee: 22% of gross revenue; annual $50 account fee Unincorporated Solid Waste Authority No; there are 14 roll- $10,000 annual permit fee; PaIrn Beach County (have 3 franchise off providers as of numerous performance haulers} 5129108 standards Village of Wellington Waste Management No; there are at least 6 $600 annual permit fee; roll-off providers as insurance and procedural of 5/29/078 requirements City of West Palm Beach Municipality No; private companies Non exclusive franchise allowed if more than 8 fee: $12,500 yearly; yard container is need Monthly fee: $1.00 per cubic yard collected; numerous performance standards; roofing & demolition debris have other re uirements *Business Tax payment required in addition to listed fees ~" ~ o WASTE NtAl1iAGENiEIyT SINGLE STREAM RECYCLING DELRAY BEACH Material Revenue Stream: Waste Management will provide a material revenue stream to the City of Delray Beach as follows: $10.00 per ton collected, less our residue percentage. Waste Management has a residue percentage of about 5%. Therefore, we will pay the City $10.00 per ton for 95 % of the total tons collected from within the Municipal boundaries of the City of Delray Beach that are processed at our Single Stream Processing facility. Carts: In addition to the Ma#erial Revenue stream, Waste Management will provide and distribute a 64 gallon recycling cart to each residential unit. The cost of each fi4 gallon cart is about $50. We will also provide and distribu#e the appropriate number of 96 gallon Single Stream Carts to Multi-family complexes. Education Program: Waste Management will design and distribute a brochure regarding the new recycling program. It will be very much like the one enclosed that was done for Parkland, Florida, except that it will be specific for Delray Beach. The color brochure will be mailed to each residential unit in the envelope that is included with the advertising brochure. Waste Management will work with the City in an ongoing educational program to advise your residents of the program and motivate them to increase their recycling volumes and encourage additional people to recycle. 0 WASTE MANAGEMENT wa-sre nr~~-ne~a,c3enneror 27001VW 48th Street Pompano Beach, FL 33073 Comparison of Results of Recycling using different processing Technologies Dual Stream vs. Single Stream Delray Beach Total Tons Recycled Tons Residue Tons collected % Recycled 2 Sor# Duai Stream 5400 5.00% 5130 5400 6.00% 5076 5400 7.00% 5022 Note: Single Stream increases tons collected b onl 30% Single S#ream 7020 5.00% 6669 7020 6.00% 659$ 7020 7.00% 6528 7020 11.00% 6247 7020 16.00% 5896 Note: Single Stream increases tons collected b 56% Sin ie Stream 8424 5.00% 8002 8424 6.00°/a 7918 8424 7.00% 7834 8424 11.00% 7497 8424 16.00% 7076 Revenue to City at current recycling rate = $5'!,300 per year Revenue #o City at 30 % increase in tons collected = $66,690 per year Revenue to City at 56% increase in tons collected = $80,028 per year Frorn everyday collection to environmental protection, Think Green® Think Waste Managemen#. 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M ~ A EtT N ~ r ~ N ~ O ~ N ~ ~ o ~ d. t~ ~ e- c~ ~ ~j 64 ~ N ~ ~ ~ M ~} ~ N E» .~ ~ ~ ~ .~ ~ ~ ~ ._ Q ~ ~ ~ ,_ O C ~ ~ w+ ~ C ~ ~ S4 X ' ~' ~ 7 ~ Q O N O ~ Q . 7 ~ . Q ~ 7 ~ ~ Q ~ 7 ~ ~ Q O ~ M ~ 00 ~ r OR ~ LCS a 00 ~ O M ~ ~~ (*j ~ d- N c+7 ~ c~ ~ ~ ~ c~ N M d' ~ O oD ~ ~ ~ co ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 64 E9 !f} 6F3 64 r.+ O ' C ~ C 7 C O j O ~ ~ ~ "Q L_S ~_ ~_ 7 ~ ~ a O ~ ~ ~ ~ O . ~ >, ~ O. O (II ~ m m fY] ~ O ~ ~ ~ ~ N ~ ~ ~ ~ N ~ _ ~ ~ ~j O Z O Z O Z O Z ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ER LL E.L 11 LL LL _ ~ _ ~ _ 'D .~ "O .~ `f3 .~ 'Y3 .O '~ .~ ~ ~ V y- 4 J ~ Q~ L ~ O ~ ~ ~ V- Q ~ ~ L ~ p ~ Q~ ~ ` •ti Q Q.. _U ~ •~ ~ O ~ ~ 'L ~ ~ O ~ ~ 'L ~ ~ I O ~ ~ .L ~ ~ ~ l O ~ ~ ' ~ ~ ~ I O ~ ~ 0 ~ O U ~ ~ L.1-. U ~ O U ~ O LL V ~ O C C ~y C] 0 V O ~„/ ~ ` , V y,~ / ~ V / ~ ~.J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ l Pt ' ^ V/ r ^ VJ ^^ ' VJ ^^ r VJ CL Q O O O 4: L.L Cif N N N O ~ O ~ T f T r T ~ T ~ m m m m m m m m m m m m m m m m ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ -o -a ~ -v -o ~ -a -a -o 'n 'v 'Q -Q -a -a -a ~ m m m m m m m m t~ m m m m m m m -c~ o 0 0 0 o a o o O o 0 0 0 0 o a Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z a C 7 ~ C 7 ~ 7 ~ O if7 ~ O 0_0 N ~ ~ C7 In O O o_O 00 ~ ~ O O ~ 4 OO C7 ~ ~ 'cY ~ ~ 00 c9 ~ 07 Vs O ~ d u? d7 T T W N ~ E!9 ff} C~ r H } {f} T 6R y} T ~ b9 y~ ff} (f} (f} (-F} f+l- (V} U y--~ a--~ ~ ~ ~ ~ m m m m m m m m m l~ ~ ~ ~ d' N 67 ~ ~ ~ 07 " O ~~ O O O O 0 0 0 0 07 ~ ~ ~~ Z Z Z Z Z Z Z Z ~ ~ ~ N ~ ~} ~ N V7 ~ ~ FA E9 ~ Fg Efl C C ~+ 7 C ~ '6 ~ C '~ 'O ~ C '~ '¢ ~ ~' O O C 7 ~ ~ ~ ~' O N O E Orb O ~ O O ~ ~ 00 c'') ~ O ~ ~ 00 ~ Q. _/ ~ ~ O ~ DO ~ ~ N ~ ~ ~ ` [~ ti V ti qp ~' N Efi M [ N ~ ~ N ~ ~ N ~ {~} EF} E+3 ~ ~ 69 EF} ER ~ y~. Ef-} ~ C w O O uj O m EY] m DC] 00 CO CO 00 00 CO 00 OC3 T O ti ~ ~ ~~ O Z O Z O Z O Z O Z O Z O Z O Z 0 Z 0 Z 0 Z 0 Z ~ d i17 N N ~ ~ ~ f E-!3 E ~ :~ aS 'O .~ O 't3 .~ O 'r3 .~ N ~ .~ L6 ~ ~ L `~ ~ ~ L ~ ~ v LU.. ~ ,~ cU L O_. . V y ~ .L ~ O ~ O ~ y ~ •L ~ Q1 ~ O O y ~ •L _ N ~ O Q N ~ •L ~ QS ~ O Q U ~ U ~ O U ~ T U C U ~ O ` ( ~ ~ a / ~ U ~ C / ~ ~ U U ~ ~ U ~ ~ U ~ ~ ~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: June 6, 2008 SUBJECT: AGENDA ITEM WS.7 - SPECIAL/WORKSHOP MEETING OF JUNE 10, 2008 COMMISSION COMMENTS