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05-15-12 Regular AgendaCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, May 15, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. April 17, 2012 – Regular Meeting 6. PROCLAMATIONS: A. National Safe Boating Week – May 19-25, 2012 B. Breaking the Silence Year – 2012 C. Older Americans Month -May 2012 D. National Public Works Week – May 20-26, 2012 E. National Emergency Medical Services Week – May 20-26, 2012 7. PRESENTATIONS: A. Presentation by Sister Cities' Student Ambassadors: Spenser Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakhia, Phoebe Weiner and Danielle Zaros B. 23rd Annual Delaire/Delray Citizens for Delray Police Charity Golf Tournament Presentation to Police and Fire-Rescue -Perry DonFrancisco C. Presentation of FY 2011 Comprehensive Annual Financial Report – Caler, Donten, Levine, Porter & Veil, P.A. 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR A SIDEWALK DEFERRAL/633 NORTH OCEAN BOULEVARD: Approve an agreement to defer installing a sidewalk along the east side of North Ocean Blvd (SR A1A) for the property located at 633 North Ocean Boulevard. B. HOLD HARMLESS AGREEMENT/633 NORTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Dolores Cusson to install and construct utilities in the right-of-way of the State of Florida for the property located at 633 North Ocean Boulevard. C. RESOLUTION NO. 23-12: JOINT PARTICIPATION AGREEMENT (JPA)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Resolution No. 23-12; authorizing a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to provide service development funding to enhance and/or expand the Downtown Roundabout Shuttle service within the City. D. AMENDMENT TO THE WORKFORCE HOUSING COVENANT WITH ALTA CONGRESS OWNER, LLC.: Approve an amendment to the Workforce Housing Covenant between the City and Alta Congress Owner, LLC., developer of the Alta Congress development. E. REVISED WORKFORCE HOUSING COVENANT: BEHRINGER HARVARD DELRAY, LLC.: Approve a revised Workforce Housing Covenant between the City and Behringer Harvard Delray, LLC., developer of the Franklin at Delray Beach. F. AMENDMENT NO. 3 TO THE LICENSE AGREEMENT: DELRAY INTRACOASTAL CRUISES, LLC.: Approve Amendment No. 3 to the License Agreement with Delray Intracoastal Cruises, LLC to extend the agreement to February 1, 2017. G. CONSENT TO ASSIGNMENT/MOBILITIE INVESTMENTS II, LLC TO SBA COMMUNICATIONS CORPORATION: Approve a Consent to Assignment from Mobilitie Investments II, LLC to SBA Communications Corporation for the cell tower at Barwick Park. H. TRAFFIC ENFORCEMENT AGREEMENT/HIGH POINT OF DELRAY BEACH CONDOMINIUM ASSOCIATION SECTION 1, INC.: Approve a Traffic Enforcement Agreement with High Point of Delray Beach Condominium Association Section 1, Inc. to allow the City of Delray Beach Police Department to enforce State and local traffic laws on the private roads of High Point of Delray Beach Condominium Section 1. I. INTERLOCAL GRANT AGREEMENT/PALM BEACH COUNTY/POMPEY PARK BASEBALL FIELD RENOVATION PROJECT: Approve an Interlocal Grant Agreement with Palm Beach County for funding of various improvements and renovations to Pompey Park Baseball Fields in the amount of $92,629.00. J. SERVICE AUTHORIZATION NO. 12-03/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12-03 to Mathews Consulting, Inc. in the amount of $25,910.00 for professional engineering services related to the Water Meter/AMI System implementation. Funding is available from 442-5178-536-64.46 (Water & Sewer Renewal & Replacement Fund: Machinery Equipment/Automated Meter Reading). K. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special event request to endorse On the Ave to be held on July 3, 2012 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of A-1A from the south end of Boston’s to the south side of the north parking lot entrance of the Marriott and Atlantic Avenue from A-1-A to the east side of Salina; to authorize staff support for security and traffic control, EMS assistance and fire inspection, banner hanging and removal, barricade set up and removal, and trash removal and clean up. L. SPECIAL EVENT REQUEST/4th OF JULY FESTIVITIES: Approve a special event request for the 4th of July Festivities, including granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of N.E./S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections 101.25 “Commercial Enterprises” and 101.32 “Assemblies” to allow assembly on the beach and vendors; to allow all beach parking lots to remain open until approximately midnight; and to approve staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 30, 2012 through May 11, 2012. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Simply the Best Charter, Inc. in the annual estimated amount of $45,989.00 for bus rental and driver service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition and Overnight/Weekend Trips. Funding is available from multiple Parks and Recreation Department accounts. 2. Contract award to Ovivo USA, LLC in the amount of $64,454.00 for removing and replacing the gear motor units on Clarifier Units #1 and #3 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (W & S Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 9. REGULAR AGENDA: A. WAIVER REQUEST/SOUTH DELRAY SHOPPING CENTER: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.9 (D)(4)(d), “Standard Isle Width”, to allow a 22.3’ where a 24’ minimum two-way drive aisle width is required for South Delray Shopping Center located at 3000-3195 South Federal Highway. (Quasi-Judicial Hearing) B. OFFER OF SETTLEMENT IN MATTHEW BISESTO, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ALEXIS BISESTO V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $70,000.00 in Matthew Bisesto, Individually and as Parent and Natural Guardian of Alexis Bisesto v. City of Delray Beach. Staff recommends approval. C. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired plus two (2) year term ending August 31, 2014 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). D. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a two year term ending June 30, 2014 to the Police & Firefighters Retirement System Board of Trustees. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). E. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) alternate member to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. B. ORDINANCE NO. 11-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) Article 7.9, “Docks, Dolphins, Finger Piers, and Boat Lifts”, by amending Section 7.9.5, “Standards for Approval”, to clarify current language regarding docks. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 15-12: Consider an amendment to Chapter 32, “Departments, Boards and Commission”, of the Code of Ordinances by amending Section 32.09, “Expiration of Terms; Commencement of Terms”, and Section 32.10, “Vacancies”, to clarify that certain appointments made to fill a vacancy, where there is less than six months of the current term left, will also include the following regular term. If passed, a public hearing will be held on June 5, 2012. B. ORDINANCE NO. 17-12: Consider approval of a privately-initiated amendment to Land Development Regulations (LDR) Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection (F), “Development Standards”, Subsection (G), “Supplemental District Regulations”, and Subsection (H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District. If passed, a public hearing will be held on June 5, 2012. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 04/17/12 APRIL 17, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 17, 2012. 1. Roll call showed: Present -Commissioner Thomas E. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -Doug Smith, Acting City Manager Brian Shutt, City Attorney Lanelda D. Gaskins, Acting City Clerk 2. The opening prayer was delivered by Rabbi Barry Silver with Congregation L’Dor VaDor. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Carney requested that Item 8.B., Agreements/Palm Beach County Property Appraiser and Palm Beach County Information System Services (ISS)/Fire Assessment Fee of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of March 15, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 2 04/17/12 Mrs. Gray moved to approve the Minutes of the Annual Organizational Meeting of March 29, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Workshop Meeting of April 10, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Municipal Clerk’s Week – April 29, 2012 – May 5, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming April 29-May 5, 2012 as Municipal Clerk’s Week to Lanelda Gaskins, Acting City Clerk. 7. PRESENTATIONS: 7.B. Employee Suggestion Award – Mary Black, Administrative Assistant, Fire-Rescue Department Fire Chief Danielle Connor stated due to the economy in the past few years each department including the Fire-Rescue Department was give direction to review expenses and sources of revenue and they have done that. Chief Connor stated during fiscal year 2009/2010 Mary Black, Administrative Assistant consistently saw that one of their accounts which had to do with cleaning equipment for all six of the fire stations was consistently over. Ms. Black did some research about the procurement process and the current contracts that we had in place at that time and approached her supervisor Cecelia Shade, Administrative Officer, about a different way of doing business and that would be that the Fire-Rescue Department would purchase these items themselves, inventory them, disburse them and this resulted in savings of over $16,000.00. Chief Connor stated this is the type of innovation that Ms. Black brings to her job every day and is a team player. In 1999, the City implemented the Employee Suggestion Program and through this program Ms. Black was awarded a check in the amount of $3,363.00. 7.C. Presentation of a check in the amount of $23,700.00 to help fund rebuilding the Pavilion at the intersection of Atlantic Avenue and Ocean Boulevard –Beach Property Owners’ Association (BPOA) Mayor McDuffie introduced Mary Renaud with the Beach Property Owners’ Association and stated she and her neighborhood residents have introduced an idea to Delray Beach that is catching on where people raise money for the city through a fund-raising event called “Delray’s Got Talent: The Encore”. 3 04/17/12 Mary Renaud, 1017 Bucida Road, Delray Beach, FL 33483, Beach Property Owners’ Association (BPOA), presented the City of Delray Beach with a donation in the amount of $23,700.00 to help fund the rebuilding of the beach pavilion at the intersection of Atlantic Avenue and A-1-A. Ms. Renaud thanked everyone who helped with this year’s Delray’s Got Talent and last year’s, the residents and businesses that have supported them from the beginning on both the pavilion replacement and the broader Beach Area Master Plan. Ms. Renaud entered the following list of sponsors into the record: Currie, Sowards & Aguila (Architects), BPOA, Ocean Properties, Seaside Builders, McCarthy & Associates, CDS, Danna-Gracey, Tauriello & Company Real Estate, Sterling Assets, TYEC, Colony Hotel and Cabana Club, Courchene Development Corporation, Sea-View Optical, Stuart and Shelby, Richard Jones Architecture, Mouw Construction, Randy Ely & Nick Malinoski Real Estate, Frankel & Cohen Law, Chapin, Ballerano and Cheslack, Roy & Spamer, Caffé Luna Rosa, Boston’s, Seagate Hotel, Burger Fi, and Pizza Rustica. Ms. Renaud also thanked the City Commissions both past and present for their continuous and unanimous support of this project for over three years. She stated more recent the Commission has voted to restore half the funds that were being eliminated in the Capital Improvement Budget. Ms. Renaud stated with the funds raised by the BPOA over the last two years (totals close to $60,000), the restored city funds, extensive and costly services contributed by Architect Bob Currie and his firm, and a builder who has promised to contribute some of his services they can get this project done before the next winter season. Ms. Renaud urged the Commission to increase the priority of this project with city staff and other government agencies. She stated this is one of those private/public partnerships that government at all levels highly encourages. Ms. Renaud stated the residents are awaiting the successful completion of this project as the first major step in implementing the Beach Area Master Plan. 7.D. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Jennifer Buce, Litter Prevention Coordinator, stated the S.P.I.R.I.T. Awards Program recognizes employees for their exemplary actions in the following City core beliefs: (1) exception service through performance, (2) integrity, (3) responsibility, (4) innovation, and (5) teamwork. Ms. Buce stated the two employees that were nominated this quarter and won are Tard McCoy, Community Improvement Department and Joseph Vashlishan, Environmental Services Department. She stated both of these employees on a daily basis Monday through Saturday and sometimes on Sunday they work overtime when they have to do events. Ms. Buce stated they do this with a smile on their face and never complain. Joseph Vashlishan came forward and gave a few brief comments. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RIGHT-OF-WAY DEED ACCEPTANCE: MUSE HOUSE/HARVEL COTTAGE RENOVATION PROJECT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Accept a right-of-way deed from the Community Redevelopment Agency (CRA) for the dedication of 7 feet of additional right-of-way on the west side of 4 04/17/12 N.W. 5th Avenue to accommodate the recently constructed sidewalk and bike rack associated with the Muse House/Harvel Cottage Renovation Project. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. RESOLUTION NO. 22-12: Approve Resolution No. 22-12 assessing costs for abatement action required for the demolition of an unsafe structure located at 511 N.E. 3rd Avenue. The caption of Resolution No. 22-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 22-12 is on file in the City Clerk’s office.) 8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 5/FINAL)/FOSTER MARINE CONTRACTORS, INC.: S.W. 12TH AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE PROJECT: Approve Contract Closeout (C.O. No. 5/Final) to Foster Marine Contractors, Inc. in the amount of a $126,826.06 decrease and final payment in the amount of $31,047.90 for completion of the S.W. 12th Avenue/Auburn/S.W. 14th Avenue Project. Funding is available from 334-3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn Avenue/14th Avenue), 448-5461-538-68.04 (Stormwater Utility Fund: Other Improvement/S.W. 12th Avenue/Auburn Avenue/14th Avenue) and 442-5178-536-68.04 (W & S Renewal & Replacement Fund: Improvements Other/S.W. 12th Avenue/Auburn Avenue/14th Avenue). 5 04/17/12 8.E. AMENDMENT NO. 1 TO THE CONTRACT FOR SALE AND PURCHASE/WEST CORNER VENTURE, LLC.: Approve Amendment No. 1 to the Contract for Sale and Purchase between the City and West Corner Venture LLC., to provide an extension of the closing date to take place on or before June 20, 2012. 8.F. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Authorize staff to submit an application for funding in the amount of $42,212.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program which will support the Holiday Robbery Task Force, which reduces crime during the Holiday season. 8.G. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special event request to endorse On the Ave to be held on May 17, 2012 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 6th Avenue, Railroad Avenue from Atlantic north to 150 feet north of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th Avenue; to authorize staff support for security and traffic control, EMS assistance and fire inspection, banner hanging and removal, barricade set up and removal, and trash removal and clean up. 8.H. SPECIAL EVENT REQUEST/AVDA 5K/10K WALK/RUN: Approve a special event request to endorse the 13th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K/10K Walk/Run to be held on Saturday, October 13, 2012 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in the Anchor Park and Sandoway lots from 5:00 a.m. to 11:00 a.m., and to authorize staff assistance for providing traffic control, EMS assistance, barricading, signage, trash clean up and removal, City generator use, and set up and use of the small stage; contingent on the receipt of the Certificate of Liability Insurance and Hold Harmless Agreement by September 29, 2012. 8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 2, 2012 through April 13, 2012. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Bartow Chevrolet in the amount of $30,069.00 and Duval Ford in the amount of $32,056.00 for two (2) replacement vehicles; additional awards going to Emergency Vehicle Supply in the amount of $3,890.95 for the installation of police lighting and equipment in one (1) Police Department vehicle and to Knapheide Equipment in the amount of $8,750.00 for one (1) truck utility body and equipment. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/ 6 04/17/12 Automotive). 2. Contract award to Special Products Group (SPG) in the estimated amounts of $84,390.00 for FY 11/12 and $85,040.00 for FY 12/13 for uniform procurement for Police Department personnel. Funding is available from various accounts. Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AGREEMENTS/PALM BEACH COUNTY PROPERTY APPRAISER AND PALM BEACH COUNTY INFORMATION SYSTEM SERVICES (ISS)/FIRE ASSESSMENT FEE: Approve proposed agreements with Palm Beach County Property Appraiser’s Office and Palm Beach County Information System Services (ISS) as it relates to the placement of a non-ad valorem fire assessment fee on the tax roll. Mr. Carney stated he pulled this item off the Consent Agenda for a couple of reasons. Mr. Carney stated there was a great misunderstanding about what this provision on this Consent Agenda actually meant, as a result of a self-described blog that went out regarding this, discussed somehow we were going to be granting to the property appraiser’s office the right to impose a fire assessment fee. He stated there was a misunderstanding that this was just really an enabling agreement which would provide that the Property Appraiser’s Office would then be able to have within its computer system when it generates tax bills to be paid for all the population of Palm Beach County; there would be built in a line item. Mr. Carney stated it still would have to come back to the City Commission for discussion as to whether or not we ever wanted to have a fire assessment fee. He stated it was put on as a Consent item through the City Manager’s office because it had been discussed. Mr. Carney stated because this item was contentious, however, it really warranted a discussion and an explanation of what we were trying to do. Mr. Carney stated it may not be the right time to create any enabling legislation or any contract to allow anyone to theoretically develop a fire assessment fee. He stated if the City is going to do a fire assessment fee we needed to have a more thorough discussion of it and then determine whether we would then want to approach the Property Appraiser’s Office to say we would like you to add this to your tax bill. Mr. Carney stated he does not feel we are quite ready to discuss the issue even in the form of having an agreement with the Property Appraiser. He stated if the City is going to do a fire assessment fee it needs to be with a lot of discussion and create parameters of how it can be used including Sunshine provisions, reduction of millage overall so if that type of fee is going to be imposed to the population at large so that all people have to pay something but feels this needs to be done in a format of public discussion and within a 7 04/17/12 timeframe that if that is something the City wants to do we could then approach the Property Appraiser’s Office to then add it to their computer system. Mr. Carney reiterated that it is too contentious and too much misunderstanding of what the Commission is trying to do. Mrs. Gray stated she was not present last week during the Workshop and wanted to have more discussion about this issue. She stated she understands that the Commission is not going to be voting on anything it just gives us some options. However, Mrs. Gray stated she is not in favor of moving forward with this because she feels if we are going to add a tax or a fee that it should be done during budget time or add it to our millage rate. Mrs. Gray stated she is not in favor of any new taxes and believes that if we move forward with this it will not force staff to look at other cuts. Mrs. Gray stated she does not support this. For clarification, Mr. Frankel stated he understands Commissioner Gray was not present at the meeting last Tuesday; however, this was an item that the Commission thoroughly discussed unlike some of the comments that went around the World Wide Web this past week. Mr. Frankel stated this does not institute a fire fee but gives us an option as a mechanism to bill should we chose during the budgeting process to adopt it. He stated the Commission was heavily criticized for not budgeting their time properly during last year’s cycle. In his opinion, Mr. Frankel stated this gives the Commission the flexibility to do it. Mr. Frankel stated he is in favor of this. Mr. Jacquet stated this does offer an option and it is a great time to provide that option so that we can have that fee on the tax roll instead of together with the taxes as opposed to being separate. However, Mr. Jacquet stated this allows the Commission to avoid and escape the tough responsibility of making cuts. Mr. Jacquet stated before the Commission considers raising taxes or adding a fee to residents, we should at least show some good faith and show that the Commission is willing to make some tough cuts instead of just saying we want an option to be able to raise revenue. Mayor McDuffie stated last year they discussed in great detail issues of dealing with revenue shortfalls in the City of Delray Beach. He stated one of the issues that was discovered was that we have a great number of people who pay no property tax in the City of Delray Beach at all but they derive the same services that everyone else derives with the homestead exemptions that came in Amendment Ten in 1994, plus the 3% cap that came in 1994, and the additional homestead that came in Amendment One in 2008. There are a lot of completely exempt pieces of real estate in the City of Delray Beach that are not owned by a charity, church or the city and are totally exempt and pay no taxes. Mayor McDuffie stated most of the people sitting in the room tonight make up the difference for those people who pay no ad valorem tax. He stated there are two types of taxes that are assessed out of the Property Appraiser’s Office and later on billed by the Tax Collector’s Office; ad valorem taxes and non-ad valorem taxes. Mayor McDuffie stated “ad valorem (Latin meaning “of value”) is the portion of tax that you pay and you get a millage rate assessed against your taxable value. He stated as your property fluctuates up and down revenue of the jurisdiction in which you pay taxes to fluctuate as 8 04/17/12 well. Mayor McDuffie stated as the Legislature continues to manipulate the ad valorem laws and the additional exemptions that continue to pop up out of Tallahassee it is getting more and more difficult to fund their budgets because more and more properties actually come off the tax roll. Mayor McDuffie stated he is the Information Technologies Manager for Palm Beach County who runs that tax roll and has watched what has happened to it since 1991 and watched the billions of dollars that have come off the tax roll in Palm Beach County. He stated the City of Delray Beach has made it through this period of time admirably and most of the people who are sitting here this evening see no reduction in the services provided by the City of Delray Beach and it could be argued if you listen to some of the blogs and some of the emails that float around that the City needs to cut deeper and harder. Mayor McDuffie stated the City has been cutting since the day he walked in here and he is going on his sixth year. He stated until the City starts doing something that demonstrates the fact that we have hit rock bottom like cutting police officers and fire employees, etc. he is not sure that anyone is going to understand that we are down there. Mayor McDuffie stated this year as every year we have a complete budget cycle to go through and the Commission has not begun the actual budget cycle where they actually begin to look at the budget. Mayor McDuffie stated with regard to comments that were made that we really need to take a look at this before we think of imposing it, the Commission is about to go through a complete budget cycle where they will do that and they also invite the public to attend three (3) budget meetings which are publicly announced when the TRIM notices from the Palm Beach County Property Appraiser comes out that are budget hearings open to the public. Mayor McDuffie stated when the Commission came out of budget hearings last year the City was $3.2 million short of being able to fund the balance and the thought at that time was a fire tax. He stated the City of Boca Raton and the City of Boynton Beach have one. Mayor McDuffie stated Boca Raton has the lowest millage rate in Palm Beach County but they also have a fire tax. Mayor McDuffie stated the City taxes that residents pay only represent about 30% of the taxes that they pay; 40% of what you owe is for schools; 30% is the County; and 30% is the City in approximation with regard to distribution. Therefore, Mayor McDuffie stated 70% of what you are paying in ad valorem tax goes out of the City of Delray Beach and to someone else; 30% stays here and funds everything that we do and hundreds of homeowners are tax exempt. Mayor McDuffie stated the thought last year in the budget hearings was that for everyone to pay a small share approximately $60.00 for a basic single family home. He stated the controversy took place over what the billing mechanism was going to be for commercial properties. Mayor McDuffie stated he wanted to bring everyone up-to-date on what has been going on in the City of Delray Beach for over a year so that anyone who happens to hear things that there is a conspiracy it is not; the people get to choose. Mayor McDuffie stated staff is going through and creating an ordinance that allows the Property Appraiser to put things into place so that if it were to be chosen in this budget cycle or next budget cycle that we want to introduce a non-ad valorem (a flat rate) through the Property Appraiser’s Office, have the Tax Collector bill it and not have to spend $25,000-$30,000 in billing and collect those funds and this was enabling that to be done. Mayor McDuffie stated during six steady years of down revenues Standard & Poor’s raised the City’s bond rating. He stated this says something about the fiscal responsibility of the City Management team, the Finance team and those that the people elected to represent them 9 04/17/12 on this dais. Mayor McDuffie supports this because the Commission put the mechanism in place if it is needed to fund the budget. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.B.), seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet – No; Mr. Frankel – Yes; Mrs. Gray – No; Mayor McDuffie – Yes; Mr. Carney – No. Said motion passed was DENIED with a 3 to 2 vote, Commissioner Frankel and Mayor McDuffie dissenting. 9.A. WAIVER REQUEST/9 N.E. 2ND AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), “Minimum Ground Level Building Setback and Frontage”, to allow 33% frontage at a maximum setback of 10’ along N.E. 2nd Avenue where 70% -90% frontage is required. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi-Judicial Hearing rules into the record for this item and all subsequent Quasi-Judicial items. Lanelda D. Gaskins, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012-069. Mr. Dorling stated what is being proposed is that a restaurant occupies the northern two-thirds of this site and currently the facade is about four feet from Pineapple Grove Way and they intend to move that facade back to approximately 14 feet. The CBD regulations require that a certain percentage of that building be no more than 10 feet back. Therefore, Mr. Dorling stated they are requesting a waiver to allow the 14 feet. Mr. Dorling stated the frontage which would have to be between 70-90% required by the LDRs for CBD Design Guidelines would be reduced to a 33% frontage requirement. At its meeting of March 14, 2012, this was considered by the Site Plan Review and Appearance Board in which the Class III Site Plan Modification was approved with a 4 to 0 vote. Mr. Dorling stated this waiver request was a part of that process and they also recommended approval at that time. He stated required findings are made in the staff report. Mr. Dorling stated staff recommends approval of the request. Michael Weiner, Weiner, Lynne & Thompson, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444 (representing the applicant), stated they have a positive staff report and Boards that voted in favor of this. Mr. Weiner stated as Delray was redeveloped there was some concern in the early 1990’s as to whether or not 10 04/17/12 buildings would actually be taken off the street and somehow something else be placed between the street and the buildings themselves. He stated no one knew about the trend of outdoor dining and then they found that dining on the sidewalks was becoming rather crowded and this is an elegant solution to allow for some outdoor dining and it does not offend any of the matters that are in place to keep in order to keep the buildings close to the street and it meets all the requirements of the waiver. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Carney moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9.B. REMOVAL OF A CONDITION OF APPROVAL TO THE CONDITIONAL USE REQUEST/MILAGRO CENTER: Consider a request to remove a condition of approval on the conditional use request for the Milagro Center to get a Letter of Acknowledgement from the Florida Housing Finance Corporation stating that they agree that amenities required for Villages of Delray multiple family residential development could be utilized by the Milagro Child Care Facility located at 695 Auburn Avenue. (Quasi-Judicial Hearing) Lanelda D. Gaskins, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has previously spoken to the applicant and counsel for the applicant. Mrs. Gray stated she has not had any recent communications since this issue was last discussed. Mayor McDuffie stated he has placed telephone calls to Brian Hinners and Cito Beguiristain to encourage them to join us so that all parties would be in the room except for FHFC and spoke to a number of the Board members at the Gala at the Mercedes-Benz dealership. Mr. Carney stated he had no ex parte communications to disclose since the original approvals in October 2011. Mr. Jacquet stated he had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project files #2011-202 & 2011-128 into the record. 11 04/17/12 Mr. Dorling stated this item is for removal of a conditional approval that required a letter of acknowledgement from the Florida Housing Finance Corporation that they agreed that the amenities required for the Village of Delray multi-family development could be utilized by the Milagro Child Care use. He stated this conditional use received City Commission approval on July 5, 2011, and the related site plan was approved on October 12, 2011. Mr. Dorling stated both of those approvals had several conditions of approval including the requirement for this letter of acceptance and that has been an outstanding comment since July 5, 2011. The child care will occupy residential amenities that were approved as part of Village of Delray and those same amenities were required for those residents and outlined in the Florida Housing Finance Corporation (FHFC) and provide verification that they are ok with this. Mr. Dorling stated on pages 16 and 17 of the agreement if there is any leasing of any building on that site that the letter should be provided. Mr. Dorling stated all of the conditions have been met with the exception of that item. Mr. Dorling stated with the condition being applied since July 5, 2011 he is not sure why the City has not received a Letter of Request into the Florida Housing Finance Corporation and to his knowledge they have not asked for one. He stated given that it is prudent and a reasonable condition staff recommends that the condition stay in place. Mr. Dorling stated there was an article written and there was reference to contact with the Florida Housing people and a representative from that group had indicated to the press that she had in fact sent a letter. Mr. Dorling stated staff did not receive that letter; however, if they did in fact write that letter then that is all staff needs. He stated if staff gets a copy of that letter then the Commission does not have to consider removing the condition because in fact it has already been addressed and asked the Commission to consider that in their deliberations. Mr. Jacquet asked when the letter was mailed. Mr. Dorling stated he is not aware that the letter had been requested. He stated the people, the applicant, Auburn, and the people from the Milagro Center have indicated that there is a timing issue and they have not asked for it. Mr. Dorling stated he has not received the letter that the Florida Housing Finance Corporation references by the newspaper. Mr. Carney stated he received an email last Wednesday from the General Counsel of that agency congratulating him on becoming Vice Mayor. Mr. Carney stated that is not ex parte because he did not realize who it was and the issue was not discussed. Mr. Carney stated he does not want to act on this if they are in fact producing a copy of the letter. Mr. Dorling stated if in fact there is a letter then producing the copy makes the entire issue mute. Mayor McDuffie stated he tried to call the FHFC today to see if they could fax him a copy of the letter but he could not get through because he had seen that in the Sun-Sentinel today. 12 04/17/12 Brian Hinners, Auburn Group (applicant), stated he made numerous contacts to the Florida Housing Finance Corporation (FHFC) and at the time they informed him that they do not customarily write letters and is not something that they normally do. Mr. Hinners stated he made numerous subsequent contacts to them as well and they told him that they do not have a problem with Milagro occupying the space; however, this is news and hopefully that letter is on the way. Mrs. Gray stated she loves the Milagro Center but expressed concern about them occupying the amenities that the residents are actually paying for. Mr. Hinners stated the Milagro Center will serve residents and also participates from the community. Mr. Hinners stated they will not be occupying the entire clubhouse; there are thousands of square feet available to all the residents of the community. He stated the Milagro Center is only occupying space for After School Programs from 4:00-7:00 p.m. and there is a teen program that is available for the residents as well. Mr. Hinners reiterated that there is shared space available for all of the residents. He stated there will not be any lease or transfer of interest in the property to the Milagro Center. Michael Weiner, Weiner, Lynne & Thompson, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444 (representing the Auburn Group), stated this has nothing to do with health, safety or welfare and urged the Commission to allow the Milagro Center to move forward and give them some reasonable period of time for this letter to show up and allow these services to be available to the neighborhood. Ellyn Okrent, Executive Director of the Milagro Center, 1479 Estuary Trail, Delray Beach, FL 33483, stated their only goal is to improve the outcomes of the children in our community and they are joining forces with the Mayor’s initiative to improve the reading and academic scores of the children in this community. Ms. Okrent stated there was a study done by the Children Services Council in 2010 and she has the results of that on how our children our doing and their only purpose is to improve the outcomes of the children which ultimately will improve the outcomes of this community. She asked the Commission when they approve this exemption that they allow the Health Department to determine the amount of children that can be using the center. Ms. Okrent stated allowing them to serve the largest number of kids will allow them to improve the results of the largest number of their children and also allowing them to move opens up 40 new slots. She stated the renter will be taking their old property and opening that building to an additional 40 young children in the community that need their services. Gregg Weis, Board member of the Milagro Center, stated this exemption would allow them to produce the letter at a later date since it is in the process. Kurt Knaus, 1479 Estuary Trail, Delray Beach, FL, asked for a waiver of this requirement and the process has been a year in taking and they need to get 4-5 different groups to actually agree with a letter that no one has ever written before. 13 04/17/12 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated he spends a lot of time at the Village and the facilities have plenty of room. Dr. Kirson stated the residents are in favor of it and he has had no objections whatsoever. There being no one else from the public who wished to address the Commission regarding this item, the public hearing was closed. The following individuals gave brief rebuttals: Mr. Dorling stated the hours of operation that the conditional use was approved for is actually 2:15-6:00 p.m. Monday-Friday and also from 8:00 a.m. – 6:00 p.m. on non-school days including the summer months. He stated this is what the Commission has approved as a conditional use. Mr. Dorling stated the conditional use was also specific to the number of children (43) so to allow additional children would require a modification of that conditional use. Also, Mr. Dorling stated the City’s LDRs specifically identify outside play areas and internal play areas per child and those support 43. Mr. Weiner stated the Milagro Center is not doing anything different than what is required in the conditional use approval. Mr. Frankel stated he wished the energies would be more spent towards the kids at the Milagro Center. He is in support of this. Mr. Jacquet stated that he is disappointed that no one contacted him on this and he did not know the details except for what was in the report. Mr. Jacquet stated he wished he had the opportunity to speak with the applicant on this issue because he could have had a better understanding of it. Mr. Jacquet asked how long ago did this condition for the letter come up. Mr. Dorling stated it was attached as a condition on July 5, 2011 and it was also attached as a condition at the October 12, 2011 SPRAB meeting. Mr. Jacquet asked if we need the letter because there will be children using this center. Mr. Dorling stated during the review they are utilizing the facilities that are provided for the multi-family development and the Housing Authority gave them the money and there is a requirement that those be provided for those residents. Staff just wanted a confirmation that they could share them. Mr. Jacquet stated Mr. Weiss stated that there is a letter but that it is in process. Mr. Jacquet recommended delaying this since the letter has been written and the City has just not received it yet. Mr. Jacquet stated it is premature to vote “yes” and it is unfair to the applicant to vote “no”. 14 04/17/12 Mr. Carney concurred with comments expressed by Commissioner Jacquet but he does understand Commissioner Frankel’s point. Mr. Carney stated he too would be in favor of delaying any action on this until the letter is produced that everyone has said has been written. Mrs. Gray asked if the Florida Housing Finance Corporation disagreed with the shared use would the City know this. Mr. Dorling stated with the exception of what he saw in the newspaper a couple of days ago he was unaware that they even knew that this was in process. Mr. Dorling stated as far as the applicants indicated they are not willing to go and ask for it. Mr. Dorling stated he was not aware that they had even started the process and that was a concern for staff because it was a condition and it seemed reasonable but there was no movement on it. Mr. Dorling stated if there has been any movement on it as testified tonight he is not aware of it. Mrs. Gray stated the Milagro Center does a wonderful job in the community and she would like to see them move forward with the condition that they provide a copy of the letter. Mayor McDuffie stated in 2008 at a Milagro Gala he and his wife won a door prize and she was thrilled and he was exasperated because he did not believe they could take it. Mayor McDuffie stated he called the Ethics Commission in Tallahassee and informed them of what happened and asked what to do. He stated they verbally told him what to do and he then asked them to please email me that or send me a letter. Mayor McDuffie stated it is 2012 and he still has not seen that letter. He stated things get tied up in Tallahassee because they disappear into the bureaucracy up there. Mayor McDuffie stated he understands this is now passing through a litany of lenders as well. Mayor McDuffie stated he called the City Attorney today and asked what our liability could possibly be if the Milagro Center moves into the Village. Mayor McDuffie stated the answer he got was that anyone could probably sue us for any reason but I can’t think of any liability that we would incur by allowing the Milagro Center to move in there. Mayor McDuffie asked how the City sets that up as a condition on a private facility. He stated no one seems to have seen this letter that Ms. Herrera has been writing about. Mayor McDuffie stated we have a condition that should not be a condition. Mayor McDuffie stated the Commission was concerned about how this developer was going to perform when this whole thing got started. Mr. Carney stated they testified that they wrote the letter therefore they should be able to produce it. He stated he is prepared to go forward with this if they wrote the letter asking for confirmation. Mr. Hinners stated has his emails where he requested from them the letter for the City for the approval which he distributed to staff. Mr. Dorling stated now he is comfortable that they have attempted to do it. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). 15 04/17/12 Mr. Jacquet moved to adopt the Board Order approving the request for amendment to the conditions of approval as set forth in Exhibit “A” by removing #6, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:22 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment (small-scale) from CMR (Commerce) to TRN (Transitional), rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) and text amendment modifying the description of the TRN (Transitional) Future Land Use Designation to restrict the use on the property to nonresidential development at a maximum FAR of 0.25 for 10th & 10th Center, located at the southeast corner of S.W. 10th Street and 10th Avenue. (Quasi-Judicial Hearing) The caption of Ordinance No. 14-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187, INCLUDING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM CMR (COMMERCE) TO TRN (TRANSITIONAL) FOR LAND LOCATED AT THE SOUTHEAST CORNER OF SW 10TH STREET AND SW 10TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIATED TEXT AMENDMENT MODIFYING THE DESCRIPTION OF THE TRN (TRANSITIONAL) FUTURE LAND USE DESIGNATION PERTAINING TO SAID LAND; AND REZONING AND PLACING SAID LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-12 is on file in the City Clerk’s office.) 16 04/17/12 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lanelda D. Gaskins, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke with the attorney for the applicant. Mrs. Gray stated she spoke to the attorney for the applicant. Mayor McDuffie stated he spoke to Mr. Zengage and his attorney. Mr. Carney stated he spoke to the applicant. Mr. Jacquet stated he spoke to the attorney (Bonnie Miskel) for the applicant. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project files #2012-080 and #2012-081 into the record. Mr. Hoggard stated this property and the area to the south that was known as the Wallace Drive Industrial Area was annexed into the City in 1988 with the Enclave Act. He stated that area in 1989, when the City did its Comprehensive Plan, was designated as Redevelopment Area #2 and the City did not designate specific Comp Plan Future Land Use Map designation and it was going to be done at a later date when a redevelopment plan was done. Mr. Hoggard stated the Redevelopment Plan was written in 2004 and recommended a land use designation of Commerce and rezoning of the parcel and the area that is on the east side of 10th Street and Wallace Drive from R-1-A single family to Light Industrial (LI). He stated those rezoning and land use changes were approved in 2004. Mr. Hoggard stated as part of the Redevelopment Plan there were several LDR text amendments done; one was to create the Wallace Drive Overlay District for the area east of Wallace Drive and within that area which was to be zoned Light Industrial (LI) the development standards were changed to reduce the minimum development area lot size and lot dimension and tenant space. Mr. Hoggard stated staff wanted the development standards of the MIC district which are less onerous because you would have to put more properties together and if you could not aggregate the properties it would be an issue because of the minimum size requirement for properties. He stated they did not want the land uses in the MIC because it is adjacent to residential and the church; and MIC has some other uses that they thought would be detrimental to those other uses mainly automotive repair type uses. Mr. Hoggard stated the Overlay District was created and the development standards for the LI (Light Industrial) were modified to be consistent with the MIC District. Mr. Hoggard referenced a piece to the south and stated this got a Site Plan Review and Appearance Board approval in 2004 for the House of Floors. He stated that project has not come to fruition and that project has had four site plan extensions and the current extension expires in 2013. The current proposal is to do away with that and to develop a neighborhood commercial center at this location. Mr. Hoggard stated the action before the Commission would change the Future Land Use Map Designation from Commerce to Transitional and the rezoning from Light Industrial (LI) Neighborhood Commercial would be required to accomplish that. Mr. Hoggard stated the next item on the Agenda is the modification of the redevelopment 17 04/17/12 plan which supports the proposed land use and zonings because the current Wallace Drive Plan does not and is also to be modified. In addition, Mr. Hoggard stated at a later date there will be modification of the land development regulations asking for changes to the standards for the NC (Neighborhood Commercial) District to modify the setback requirements. He stated the current land use designation is CMR (Commerce) and the requested is (TRN) Transitional. Also, Mr. Hoggard stated the small scale plan amendment is doing a text amendment that would limit the development on the property within the transitional area. He stated this shows that our current Future Land Use Map designation, Concurrency, and the future with the change would be appropriate and we would not exceed the traffic levels. Mr. Hoggard stated there are a number of required findings for the project: LDRs Chapter 3 Findings which relate to Future Land Use Map, Concurrency, Comprehensive Plan, Consistency, and Compliance with the Land Development Regulations. Mr. Hoggard stated the zoning and the Future Land Use Map are being done at the same time and those two designations are compatible with each other. He stated when they come in for site plan approval they will be requesting a change to the land development standards in this area and that went to the Planning and Zoning Board and they recommended approval last night. He stated they reviewed the concurrency at the highest intensity it could be developed in here which would be a neighborhood commercial center at the .25 FAR which would realize 16,220 square foot of retail space. Mr. Hoggard stated for all of the utilities, traffic, parks and recreation is not an issue in that area with that solid waste, etc. so concurrency is not a problem. Mr. Hoggard stated the only issue is consistency with the Comprehensive Plan. He stated the first thing in the Comprehensive Plan is Future Land Use Element Policy A-1.7 which states that FLUM Amendments must be based on supportive data analysis that demonstrate need and the applicant has provided a detailed demonstration of needs statement. Mr. Hoggard stated at this time because of the economic downturn it is difficult to attract tenants, difficult to obtain financing for LI (Light Industrial). The approved light industrial developments in the area have had a hard time developing and they have not been able to get the “House of Floors” Project off the ground. Mr. Hoggard stated these are going to be long lasting negative conditions and they are not going to support increased industrial development in the future. Mr. Hoggard stated in evaluating that the City looks at Future Land Use Element Objective A-1 which states “Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs.” Mr. Hoggard stated this is vacant property so there is no problem with soil or topographic conditions. The proposal at this time is to put a dollar general store here and that would promote affordable goods and services. He stated the issue is with fulfilling remaining land use needs and referenced Future Land Use Element Policy A-1.3 that states “The Commerce land use designation, which involves a mix of light industrial, commercial uses, and research and development, is the most needed land use during the City’s final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged.” Mr. Hoggard stated this is a long-range scenario with the redevelopment plan and there was no timeline put on when this would have to be developed. He stated the City only has 374 acres in the industrial land use category with IND (Industrial) and 18 04/17/12 CMR (Commerce) and represents 3.7% of total developable area. Mr. Hoggard stated the applicant’s justification statement included data that the City of Boca Raton reduced its light industrial by 25% between 1989 and 2005. He stated their 2005 figure is 6.45% and is 75% higher than the City’s figure of 3.7%. Since the Redevelopment Plan was done in 2004, we reduced a significant amount of industrial property along the Congress Avenue Corridor including the MROC District. Mr. Hoggard stated staff’s position is supported by the Palm Beach County’s Light Industrial Land Use Study “Whitepaper” and “Land Use Toolkit”, prepared by Swiger Consulting in December 2007 which recommends the retention of Industrial properties. Mr. Hoggard stated they recommended that the municipalities in the County develop Comp Plan policies to retain industrial land uses to the greatest extent possible. The applicant also provided that the population projections in the City’s EAR based amendments which was our latest population updates it showed a population estimate for 2010 of 65,781 and in fact the 2010 population came in with a census of 60,522. He stated their statement is that with the reduction in population we need less industrial property. Mr. Hoggard stated the 2010 census had a housing vacancy rate of 20.4% compared to 15.5% in 2000 because of all the foreclosures, people moving in with other family members, etc. He stated when you apply the household figures of 2.2 persons per unit that would add an additional 3,672 people to the households and we would only be within a 1,000 of that estimate in 2008. Mr. Hoggard stated once this vacancy rate comes back to normal and when we are finished with this major downturn in the housing crisis staff believes that will accommodate that. He stated there has been an increase in residential development since adoption of the Wallace Drive Plan specifically the 445 units that have been approved in the Village of Delray and Village Square to the north. Mr. Hoggard stated when the redevelopment plan was done he noted that there were 200 units at Carver Estates which were damaged by Hurricane Wilma in 2005 and have since been demolished. Mr. Hoggard stated the Comprehensive Plan text amendment restricts the FAR to .25 and that is being done to keep the traffic concurrency to make sure we limit the traffic to what we have now. He stated there are a number of standards that are required for rezoning and the one that applies is Section 3.2.2(D) (Standards for Rezoning Actions): “That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use.” Mr. Hoggard referenced Section 2.4.5(D)(5) ( (Rezoning Findings) and stated two of these apply: Section 2.4.5(D)(5)(b) “That there has been a change in circumstances which make the current zoning inappropriate.” He stated this is based on the applicant’s justification statement and they said there has been a change in circumstances basically the economic downturn and the additional residential development that has been built. Mr. Hoggard stated the second one that applies is Section 2.4.5(D)(5)(c) “That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to this site and/or neighborhood. Mr. Hoggard stated they are saying it is more appropriate because there is a need for additional neighborhood commercial to support the residential development in the area. Staff feels it is more important to maintain the Commerce designation. He stated courtesy notices were sent out and IPARC notice and public notices were sent to everyone with a 500’ radius. Mr. Hoggard stated staff has not received any written 19 04/17/12 comments to this project. Based on staff’s analysis staff feels the changed conditions are not sufficient to warrant approval of the proposed FLUM modification which will reduce the amount of land in the Commerce FLUM designation. Mr. Hoggard stated it is in direct conflict with Future Land Use Element A-1.3 which states that the reduction should be discouraged. He stated the Planning and Zoning Board reviewed this on March 19, 2012 and recommended approval of these changes as well as the Future Land Use Map amendment. Staff recommends denial of this ordinance. Bonnie Miskel, Land Use and Zoning Attorney, 5355 Town Center Road, Boca Raton, FL (representing the petitioner), stated she has been practicing for 20 years and specializes in land use and zoning and has been qualified in quasi-judicial proceedings as an expert. Ms. Miskel stated the issue is whether this application fulfills the future land use needs of the city. She stated in 2004 when staff was looking to replace some of the industrial lands that they lost on Congress Avenue that they chose this land because it was relatively vacant and it was not doing much compared to a lot of other places in the city that were thriving so it was a reasonably good target and if you tried to use the criteria that you need to prove today that you have justification for a land use change you would not of found it back then. Ms. Miskel stated if you look at the surrounding there is a substantial retention area to the south and then you have multifamily residential. She stated everything east of S.W. 10th is residential or residential serving uses. There is a church immediately east, a cemetery immediately north, residential all around as far as the eastern portion. Ms. Miskel stated this parcel is an isolated parcel that is undeveloped and what is developed east of S.W. 10th is residential. Ms. Miskel stated their position is they do not feel that industrial is right. Cecelia Ward, JC Consulting, Boca Raton, FL (representing the applicant Jim Zengage), stated she has more than 30 years of experience in Planning, Zoning and Land Development and has been certified as a member of the American Institute of Professional Planners for more than 20 years. Ms. Ward stated she has served both private and public sector; 15 of those years has been representing municipalities. She stated for ten years she was Planning, Zoning and Building Director with the City of Fort Lauderdale and primarily responsible for updating the City’s entire Land Development Code which was 40 years out-of-date when she came on board with that city and also to update its Comprehensive Plan. Ms. Ward stated one of the key factors she saw in doing that was to make sure that they responded to the changes of conditions that have occurred over a period of time both the existing development that occurred as well as changes in market conditions that have occurred over time as appropriate when it comes to long-range planning. She stated she also served as the Assistant Director of Strategic Planning for the City of New York. Ms. Ward stated she served as Planner Commissioner for the Town of North Hempstead located in Long Island and worked on several vision plans, master plans, community area plans, and led the charge for making sure that these long-range plans were up-to-date and were in keeping with what was occurring over time. Ms. Ward stated she established her private consulting firm in 2006 and since then she has represented numerous private developers, private property owners, and local southeast Florida municipalities on land use, zoning, and land development issues. She stated when looking at all the factors including the market trends that it is 20 04/17/12 appropriate to determine when the appropriate time and where the appropriate place is for making a change to a long-range plan. Ms. Ward stated this is specifically an appropriate location for the proposed change to allow for the transitional commercial in this area and the neighborhood commercial use as was discussed. She stated it is surrounded by a significant amount of residential development. Ms. Ward stated in 2004 with land use and zoning for residential was in place and an additional 200 residential units had been developed since 2004. She stated this is an important factor and in 2004 when the land use was changed to allow the Light Industrial at this location. Ms. Ward commented about the convenience store that is located west of the subject property and stated with regard to this Future Land Use amendment and rezoning request is not to accommodate another convenience store; it is to accommodate a grocery store that provides for variety of retail both from food items, household items, all types of other items that you do not find in a convenience store. Ms. Ward stated “spot zoning” in the planning industry is a spot of a zoning type that is placed within the middle of an area that has no relationship to its surroundings and is totally out of context with its surroundings. She stated this site is very difficult to access for an industrial type of vehicle and that is why it has struggled for 8½ years in trying to attract a type of light industrial type of development in this area. Ms. Ward stated she went out to see at this hour if she saw people walking within the vicinity and she counted 5-6 people walking from the neighborhood along S.W. 10th Street and counted 4 vehicles pulling into the convenience store to the west. She stated as Ms. Miskel noted they are talking about providing a site for redevelopment for a retail type of use that is accessible for the pedestrian and more logically accessible for a vehicular type of access yet incurs more of that pedestrian activity in the neighborhood. She stated with regard to the Wallace Redevelopment Plan it says “specifically to enhance employment for manufacturing, assembling, storage, and distribution.” Ms. Ward stated that has not come to fruition on this site and looking at the statistics for the City of Delray Beach’s leading industrial industries do not include manufacturing, assembly, storage and distribution; it is actually the retail and other types of use that the city has here. Ms. Ward commented about the Palm Beach County’s Light Industrial Land Use Study “Whitepaper” and “Land Use Toolkit”, prepared by Swiger Consulting in December 2007 and stated all of the sources of information was based on Northeast, Midwest and primarily west cities of the United States. She stated the only city in Florida that the study referred to was Orlando and it was for the purpose for fast-track permitting not about industrial trends. With regard to the population issue, Ms. Ward stated the Plan talked about a 10% increase in population by 2015. She stated planning documents need to be based on population demands and if that population number is significantly different from what has actually occurred by a census number which showed only a 1% increase that is really a significant issue. Ms. Ward stated based on her Planning and Zoning expertise the request of the land use change from Commerce to transitional is appropriate and is at the appropriate time and location and the change for rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) is the most appropriate type of zoning designation for this subject property. Jim Zengage, 1120 South Federal Highway, stated they have had this property for 6-8 years four extensions and no activity on it. Mr. Zengage stated on Wallace Drive they built the Wallace Drive Commerce Center (40,000 feet of 21 04/17/12 warehouses). He stated three were sold at discounts and three are rentals. Mr. Zengage stated he would love to get something going in this area that will spur additional growth. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 14-12, to please come forward at this time. Zerlean Williams, 513 S.W. 6th Street, Delray Beach, FL 33444 (representing Rosemont Park/Rosemont Garden Homeowners’ Association east of the location that they would like to build the store), stated she appreciates that Mr. Zengage would like to bring something new to the neighborhood but asked him to save their backdoor. Ms. Williams stated they have narrowed the traffic that is on Atlantic Avenue and they are the heart of that area and within that area they have lots of people. She stated they are also building apartments there and they are the religious belt of Delray Beach because they have lots of churches, the Milagro Center, Pine Grove Elementary, and the sober houses. Ms. Williams stated they would like a break. She stated 4th Avenue is a thoroughfare to Linton Boulevard and everyone uses 4th Avenue as a straight-thru by-way to go to Linton Boulevard. Ms. Williams stated if you take S.W. 8th Avenue to S.W. 10th Street she lives in the middle of that. She stated Monday-Friday is school every day, Sundays there is church on every street and sometimes up to three. Ms. Williams stated their Sundays are locked in and there are funerals every day at the cemetery and Saturdays they are locked into their neighborhood. Ms. Williams stated when you try going out to Atlantic Avenue they get the busy traffic of Atlantic Avenue and referred to the Delray Affair as a good example where they had to go to their backdoor. Ms. Williams stated if they put a store at the corner of S.W. 10th Street there is going to be more traffic, a box store, and a larger store. She stated there are many neighborhood stores such as Linton Boulevard, Delray Mall, and Congress Avenue. Ms. Williams stated the residents do not need another store and urged the City to let them to remain that way. Owner of the Convenience Store (name unknown), lived in Delray Beach since 1988, thanked Mr. Zengage for purchasing this property so that he can use it for a good purpose for the community and the city. He stated he moved from California and had three stores in Delray in 1993. He stated they have tissues for .50 and items for $1.00 and they carry everything from stamps to school supplies, beer, wine, t-shirts, etc. He stated he also carries quality merchandise for groceries. He stated he recently lost approximately 200 customers and thanked the city for improving the city quality of life and quality of improvement happened. He stated he hopes Mr. Zengage to use this property for a better purpose such as an apartment building or donut shop or something else but not a dollar store. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated Mr. Zengage just wants to put a store there to make shopping convenient for the neighborhood. 22 04/17/12 Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444 (has lived in Delray Beach for 40 years), stated she has been in the store on the corner that the owner talked about but she prefers to go to the regular grocery store because everything is very expensive in that store. Ms. Goodman stated we do not need another dollar store because two people are employed in that store on Congress Avenue. She stated this will add to the congestion because there will be apartments built on 12th and the new development they built by Carver and the cemetery. Ms. Goodman stated the neighborhood has lots of traffic and suggested that something else be built there besides a dollar store. Mark Gregory, former member of the Site Plan Review and Appearance Board (SPRAB), stated he has been in this neighborhood for 25 years and has owned shops and businesses in that community. Mr. Gregory stated this would be a nice transition instead of a warehouse on that corner and he would use this business. Natalie, Property Manager of the Groves of Delray, stated they are a 62 year old plus senior community and a lot of the seniors do not have vehicles and they have transportation once a week to the grocery store but if they need to get out during the week to pick something up that they either forgot or needed, this would be helpful for them to be able to come out of the property and walk a little ways up to get what they need. She stated they are in support of having the Dollar General Store up the street from them. Francisco Perez-Azua, local resident and has practiced architecture in Delray Beach for 20 years and has had his own firm for the past 16 years, stated he is in support of light industrial properties in the city. However, Mr. Perez-Azua stated in the boom when they were designing light industrial buildings they had the opportunity to do a lot of the tenant or owner permits to these buildings. He stated they filled them up with professional office space, call centers, a charter school in one of them, etc. Mr. Perez-Azua stated there is a need for light industrial for the city but we have to keep things into perspective. Mr. Perez-Azua stated he supports this project and does not think it is a big loss in the terms of the light industrial. Kathy Khidirian Broker/Owner of H&B Commercial, stated she is in favor of the change and commented about the light industrial available space. She stated there is quite a bit of empty space in Delray Beach. For example, she stated 250 Congress is vacant (9,000 square feet), 1515 Congress (6,500 square feet), and 1,100 S.W. 10th Street (11,000 square feet). She expressed concern over the foreclosures that are coming on because typically the owner/users mortgaged with balloon payments so in ten years which the light industrial condo boom was in 2003/2004 so 2013 those balloon payments are coming due. The property values are depreciated, the loan amount exceeds the value, they cannot refinance and they are walking away. She stated this will bring even more vacant industrial space. 23 04/17/12 Christina Morrison, 2809 Florida Boulevard #207 Delray Beach, FL 33483 (commercial realtor in Delray Beach, immediate past President of the Realtors Commercial Alliance, on the Board of the Florida Realtors and the Board of Realtors of Palm Beach County), and gives expert testimony at the County level, stated she has a report that shows that presently in Delray Beach there is over 100,000 square feet vacant light industrial which was the zoning on Mr. Zengage’s property for the current intended use. Ms. Morrison stated this property has sat vacant for six years without a user coming. She stated light industrial use of it is suspect to begin with because tractor trailers that have to get back here to go back on I-95 and they have to come south to get to I-95 because to go north tractor trailers are not allowed to go through the private neighborhood that gets you to Atlantic Avenue. Ms. Morrison stated trucks would have to go south to get onto Linton Boulevard to go back to I-95. She stated in order to get back to go south the tractor trailers would have to cross active traffic that is heading east if they want to get back on 10th and circle back here or they have to cross active traffic on Wallace Drive and 10th to get back to 10th so either way the trucks would be having to cross over opposing traffic which would be a dangerous situation for deliveries and other types of traffic that come into industrial/light industrial properties. Ms. Morrison stated with regard to the vacancy rate throughout southeast Florida on light industrial properties it is running about 14% although new companies are opening up there are also companies that are contracting or closing down still so there is still steady absorption at this point. Ms. Morrison stated in addition to the 100,000 square foot which is vacant and there are also several other 52,000 square feet in the immediate surrounding area in Delray Beach that is shovel ready. Ms. Morrison stated her owners hardly support Mr. Zengage’s change to make this into a commercial center. Pablo Del Real, 521 Southridge Road, Delray Beach, FL 33444 (off S.W. 4th Avenue on the west side), stated as the other residents of that neighborhood said this evening they do not support this change for this property for the following reasons: (1) a local business owner is there with an operating business and the proposed business owner is an out-of-town/out-of-state entity whether it is a Dollar Store or somebody else which is a distribution point for a distant business so the local economy aspect would favor the light industrial zoning, (2) convenience; Ms. Miskel commented about walking to a store with her young child and Mr. Del Real asked about the ability to walk to a job in Delray Beach and provide that with light industrial and add several jobs not just the two jobs at the Dollar Store on Congress and the ability for a working mother or father to go home for lunch and spend time with their children, and (3) access; on S.W. 4th Avenue there is a lot of light industry and there is not an issue with those businesses there; there is a marine center, a screen enclosure company, and a roofing company. Mr. Del Real urged the Commission to retain the light industrial zoning on this and reject this request. He stated the neighborhood could use more industry and less convenience. There being no one else from the public who wished to address the Commission regarding Ordinance No. 14-12, the public hearing was closed. The following individuals gave brief rebuttals: 24 04/17/12 Mr. Hoggard stated that there were comments that there is no industrial market at the moment and asked how there is a market for anything with the economic downturn. He stated this is surrounded by quite a bit of commercial development. Mr. Hoggard commented about Ms. Morrison’s statement about the vacancy rate on light industrial properties being 14% and asked what the vacancy rate is for commercial property. He stated the population growth that we did not get does not support the additional industrial development. Mr. Hoggard stated if all of the land use needs are based on population then it does not support any commercial development either and does not believe that this is relevant. He stated the amount of this area was already planned for residential development when the Plan was done and Carver Estates went out and a new development came in. Mr. Hoggard stated we are back to where we were plus an additional 200 units and there is not a whole lot of difference in the area. Staff recommends not making the change. Ms. Miskel stated the meaning of Neighborhood Commercial (NC) is that it serves the neighborhood; it differs from General Commercial (GC) such as the Target and other locations in the city where you have large shopping centers that serve the general population. She stated the purpose of the Neighborhood Commercial has become so important to South Florida is that it removes traffic off the road. Ms. Miskel stated it is not a dollar store; this is Dollar General which is very different than a regular dollar store because it is larger and they sell both grocery and non-grocery items. The Dollar General has between 8-14 employees so it is an equal employment generator. Ms. Miskel stated should the Dollar General be approved in addition to that there would be another 2,500-3,000 square foot of other retail that you could have a sub-store (i.e. hoagie/donut, etc.) something to serve the neighboring community so that they could walk there. She stated traffic is a reality in South Florida and feels the city is not going to improve their traffic situation by waiting for industrial to come in and bring those trucks through that neighborhood. Ms. Miskel stated this is less compatible than a car or two that one might see at this particular Neighborhood Commercial (NC). Ms. Miskel stated the Comprehensive Plan is intended to serve the population now and in the future. She stated the City’s population was not what was anticipated and noted it was a good guess years ago. Ms. Miskel stated this is the only node that is not residential serving in this area and Light Industrial (LI) is not appropriate. Mr. Jacquet asked what the definition of spot zoning is. Mr. Hoggard stated spot zoning would be zoning that is applied in an area that is completely surrounded by other zoning; it really does not fit in with the area at all and is independent by itself. Mr. Hoggard stated staff does not agree that this is spot zoning because the nature of Neighborhood Commercial (NC) is to be a self-contained little neighborhood commercial zoning that is next to residential neighborhoods to supply there. Mr. Jacquet stated he feels we could do something better with that corner other than Light Industrial (LI) zoning. However, Mr. Jacquet stated a Dollar General may not be the right thing for that corner and he is torn as to whether that is the right change for that particular neighborhood. Mr. Jacquet stated traffic is a problem everywhere and noted that he supports local businesses. However, Mr. Jacquet stated we need something in that corner and reiterated that he is torn on this issue. 25 04/17/12 Mrs. Gray stated she has spoken to the residents to the south of this proposed property and they are in favor about having to walk to a store where they can actually receive groceries or any other type of items that they need. Mrs. Gray stated in this community there are about 5-6 convenient stores and welcomes this Dollar General because of the prices that these convenient stores have. She stated having some competition is healthy although there are some traffic issues to deal with. Mrs. Gray stated since she raised her children in this community that piece of property for years has been just the way it is right now. She feels this will beautify the area and sidewalks will be added because currently there are none. Mrs. Gray stated she has also spoken to neighbors north of that piece of property at the Villages who welcome walking to a location. She stated in the next year or so we will be having approximately 200 additional properties coming on board with the Housing Authority so we will be gaining those pieces of property back. Mrs. Gray stated she is favor of the transitional use and does not see any light industrial ever coming in that particular piece of property and we do some type of redevelopment there. Mr. Carney concurred with comments expressed by Commissioner Gray. He stated he has a fundamental belief that if a property has no activity with the current zoning it is probably not zoned correctly. Mr. Carney stated he is very sympathetic to the increased traffic issue. He stated when this was first raised a couple weeks back he went around 3:30 p.m. and the school was letting out up the street and there is a lot of foot traffic and a lot of kids walking around that are young and that needs to be a concern with any increase in density of traffic. Mr. Carney stated he does not see this corner being a Light Industrial (LI) corner. He stated he appreciates the issue with the store across the street and feels this store is doing a great job and has a good business there. Mr. Carney stated the kind of clientele that would go to the immediate corner store would be different than those that would go to Dollar General. Mr. Carney stated as it relates to this neighborhood it will serve this neighborhood but that we need to pay attention to the increase in traffic that is going to be generated but he does not see it becoming a Light Industrial (LI) in the near future and we need to deal with this issue now. Mr. Frankel concurred with comments expressed by Commissioner Jacquet in that he is very much in the middle. Mr. Frankel stated he has heard both sides of the presentation and this situation reminds him somewhat of another area where they had an overwhelming turnout of neighbors vehemently against a project. Mr. Frankel stated while we do not have the same outpouring to him there is enough that gives him concern about the proposed use and for that reason he is going to side with staff’s recommendation and vote “no”. Mayor McDuffie stated he lives to west of I-95 on the south side of Linton Boulevard and he drives to Jog Road to find a supermarket. He stated Mr. Zengage approached him a year ago about this and given the neighborhood he felt the neighbors would embrace this because essentially there is not service of that type anywhere near them. Mayor McDuffie stated he was deer hunting in a town in Ohio and drove across town and went into a Dollar General store. He stated it was spotlessly cleaned, beautiful, and much cheaper than Publix. Mayor McDuffie stated he was used to the old dollar 26 04/17/12 stores that were essentially “shoddy” merchandise and this is not the same. Mayor McDuffie stated when he went through the store he thought to himself that it would be nice if we had some of these down our way because they are not the size of a gigantic Publix but yet they have a tremendous amount of stock, very clean, and good prices. He stated the Villages are built just above there and Carver Estates is being rebuilt and on three sides of this is residential. Mayor McDuffie stated he works a great deal with the people at the County and the Business Development Board and we have and he sits through lots of meetings with site selection people who come in from out-of-town looking for places to relocate business. He stated it is a huge deal to try to find someone who is in the industrial business to relocate to the City of Delray Beach. Mayor McDuffie stated it is a great amenity for that community and does not think industrial belongs on that corner as well. Mrs. Gray moved to adopt Ordinance No. 14-12 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – No; Mr. Frankel – No; Mrs. Gray – Yes. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting. At this point, the time being 8:41 p.m., the Commission moved to Item 7.A., Presentations. 7.A. Representative Lori Berman – Update on Legislative Session Lori Berman gave a brief update on the Legislative Session and stated today the Governor signed the budget and she did not vote for the budget this year because there were significant cuts to education and healthcare. Ms. Berman stated there are other things that could be done to look at revenue sources and not had the kind of cuts that they have. Ms. Berman stated their secondary constitutional duty was to redistrict which is done once every ten years. Ms. Berman stated in terms of the new house maps there are some significant changes to Delray Beach and one of those changes is she will no longer have any of Delray Beach in her new district. She noted that three representatives will have Delray Beach. Ms. Berman stated in terms of the Senate district Delray Beach may only have one senator if the Senate districts stay the way they are there is one senator that will have mostly Boca Raton, Delray Beach, Boynton Beach, and a little piece that goes into Broward County. 10.A.1. AMENDMENT TO THE REDEVELOPMENT PLAN/WALLACE DRIVE: Consider approval of an amendment to the Wallace Drive Redevelopment Plan to allow neighborhood commercial retail and service uses as a principal use at 10th & 10th Center located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue. Ron Hoggard, AICP, Principal Planner, stated this amendment supports the changes that the Commission just approved. Mr. Hoggard stated it sets forth the zoning and the land use for this area which was originally approved for the Light Industrial (LI) and this supports the change that the Commission just made. Staff 27 04/17/12 originally recommended not approving this; however, in light of the Commission’s decision for Ordinance No. 14-12. Mr. Hoggard recommended that the Commission approve this. Mrs. Gray inquired about the restrictions and not having a 24 hour store open there and the sale of alcohol. She asked if there are conditions that the Commission can use to make sure that some of those things will not happen on that piece of property. The City Attorney stated he does not think there is any way to impose something like that on them. The City Attorney stated the Commission passed the zoning. Ms. Miskel on behalf of the applicant stated she spoke with Commissioner Gray and her concern was about the possibility of the convenience store being located at this site and that the City did not need another convenience store. She stated the State of Florida adopted some legislation called the Convenience Store Security Act and they specify what a convenient store is. Ms. Miskel stated one of the things that are unique to a convenient store is hours of operation and the sale of alcohol. She stated the City’s Code protects the City from this because the City has a limitation on the distance between a religious facility and the sale of alcohol. Mr. Zengage stated he spoke to the representative for the company and he asked what the hours of operation are and they informed him that in most stores it is 8:00 a.m. – 9:00 p.m. in South Florida and a few stores 8:00 a.m. – 10:00 p.m. Mr. Zengage stated he has a lease and now he can report that the action is going forward. Ms. Miskel stated if that fell through tomorrow and another neighborhood commercial use came in, in order to do the 24 hours the City has a requirement that they must come through for a conditional use approval. She stated the Commission has the opportunity to look at something like that on a case-by-case basis to determine whether in fact it is compatible. The City’s Code protects the City from being able to evaluate whether a use is appropriate. The City Attorney stated the latest they would be able to operate is midnight. Mayor McDuffie declared the Public Hearing open. There being no one from the public who wished to address the Commission regarding this item, the public hearing was closed. Mr. Carney moved to approve the Amendment to the Redevelopment Plan/Wallace Drive, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet -No; Mr. Frankel – No; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. 28 04/17/12 11.A. City Manager’s response to prior public comments and inquiries. Doug Smith, Acting City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about a hearing in court yesterday regarding the Caron Foundation vs. the City of Delray Beach and stated the City will lose somewhere along the line and it is just a matter of how far it goes. Dr. Kirson asked if the City has $4 million that we could go the distance with this type of case. He stated the Caron Foundation has $4 million and they put it aside for this case. He stated the Beach Property Owners’ Association (BPOA) came and approximately 125 of them were furious about the fact that the Caron Foundation opened in a residential area. Dr. Kirson stated if the City raises the millage to get the money to fight this case and if the City raises the property taxes there will be 2,000 people in here to say “we do not want our taxes raised” and noted these people will have to pay thousands more. He stated residents from the northwest/southwest section came in and were against the fire assessment fee. Dr. Kirson asked what is going to happen when the City hits them with a $200 a year increase to pay for the fight against the Caron Foundation. He stated this cannot happen because residents do not have the money. Dr. Kirson suggested that the City take the offer to give a waiver on the three transient housing bills that we passed so that we can stop our losses. Dr. Kirson stated our intent was never to deal with transient housing but the intent was solely to reduce sober housing. He reiterated to give them the waivers and look for another avenue to fight the problem. 11.B.2. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked the Commission for a great Delray Affair and there were approximately 300,000 people in attendance, almost no incidences and there was no negative impact to the City’s budget for that event and it was 100% funded by the event. Ms. Morrison displayed a chart that showed the decrease in revenues from the year 2000, the City’s budget was $102.77 million and this year the City’s budget is $93.03 million. She stated that is about over a $9 million decrease and no one noticed it until this year. She stated in July 2011 there was a perception that there was a $3.2 million shortfall and the Commission received a memo from the City Manager dated October 17, 2011, that shows a monthly financial report for the year end that shows there is a surplus of $2.17 million for the year. Ms. Morrison stated in October 2011 that the departments cut $1.7 million out of their expenses. She stated in February 2012 the City Manager reported that he found $3.5 million and that the City did not have to raise the fire tax and also we had additional revenue. 11.B.3. Henry Williams, 310 N.W. 3rd Avenue, Delray Beach, FL 33444, thanked the Commission for thinking things over and stated we all make mistakes. Mr. Williams stated with regard to 10th Street he asked the Commission to look into the big 29 04/17/12 trucks making turns because a lot of curbing that was put in Delray has been knocked out by these big trucks. He urged the Commission to ride around and look at the curbing that has been knocked out by these big trucks that have to be put back in and stated he worked on roads for 27 years and there needs to be more room for these big trucks to turn around. 12. FIRST READINGS: A. None There being no further business, Mayor McDuffie declared the meeting adjourned at 9:27 p.m. 9.C. CHANGE ORDER NO. 3/BRANG CONSTRUCTION, INC.: Consider approval of Change Order No. 3 with Brang Construction, Inc. in the amount of $14,594.54 for the purchase of sixteen (16) bus shelter benches, and installation of fifteen benches; as requested by Palm Tran; plus a contract time extension of 130 days for the ARRA Bus Shelters Project. Funding is available from 101-3163-544-65.70 (ARRA Economic Stimulus FD: Other Improvements/Transit Stop Bus Shelters). Richard Hasko, Director of Environmental Services, stated this is a request for approval of $14,594.54 for the purchase of sixteen (16) bus shelter benches and installation of fifteen (15) benches to accommodate the comments on the most recently grant funded bus shelter project from Palm Tran. Mr. Hasko stated with the exception of the addition of one bus shelter location as requested by Palm Tran these have all been in response to ADA (Americans with Disabilities Act) issues that Palm Tran has identified through their inspection of the project work. He stated this particular issue had its roots in some contradictions in Palm Tran’s design manual which staff provided to them and included in the bid documents and the contractors plans were designed per them. He stated the bench widths in the rest of the bus shelters are all the 12 inch benches that we installed with these. Mr. Hasko stated the requirements changed in the last few years and according to Palm Tran is reflected in their standards. He stated in one part of their standards it defines the benches as 20-24 inches in width and in another section it defines them as 10-24 inches in their width. Mr. Hasko stated the 12 inch fits in that criteria and noted that those were the specifications that we included in our bid documents and those were the specifications that the contractor used. Mr. Hasko stated in several communications and meetings with them the City suggested that they replace the benches in the shelters that were within FDOT and Palm Beach County rights-of-way and leave the benches as is which are the same widths as all the rest of the benches and the rest of the bus shelters all over town. He stated the sixteenth bench belongs to the additional shelter that they requested. Mr. Hasko stated that is where staff is with Palm Tran to resolve it so that staff can proceed with the project and make the application for the grant reimbursements. Mr. Jacquet asked if there is anything on Linton between Military Trail and Congress Avenue on the north side of Linton Boulevard. 30 04/17/12 Mrs. Gray asked if that is one on north Linton Boulevard. Mr. Hasko stated this have been placed at identified bus shelters to coincide with Palm Tran bus stops. Mr. Hasko stated he would have to check the locations because he is not aware of where these are all located. He stated this is going to be a continuing program as more grant money becomes available staff will apply for additional bus shelters. Mr. Hasko stated as more grant money becomes available the City will continue to apply for additional bus shelters. Mr. Carney stated he is disappointed that there was an ambiguity and he would like to know if the City has any recourse against Palm Tran for that ambiguity. He asked if there is a chance that the City can recover something back based on an error on their part and whether or not the error may be covered under some insurance and the City could get reimbursement for that. The City Attorney stated staff can look into this. Mr. Carney asked what the City is planning to do with these benches. Mr. Hasko stated the City owns the benches and he is sure that we will keep some of them for replacements for some of the other bus shelters. Mr. Hasko stated through the history of this project the change orders with the exception of the one request from Palm Tran for the additional shelter had been related to responding to their comments about the ADA requirements on the installation. He stated they are sensitive about conforming with ADA requirements on these bus shelters because of issues that they are having in other parts of the county. Mrs. Gray moved to approve Change Order No. 3 with Brang Construction, Inc. in the amount of $14,594.54, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to appoint Linda Kidd as a regular member to the Public Art Advisory Board, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager Doug Smith, Acting City Manager reported that the departments have been working on their budget submittals and the staff level review of those will be coming up shortly. 31 04/17/12 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet stated he attended the Delray Affair and it was an amazing event. He is glad to hear that it was an event that was 100% funded by itself. Mr. Jacquet stated the City needs more events like that where the City is not paying to close down our streets. Secondly, Mr. Jacquet stated this is FCAT week and asked the Commission to encourage the students during this time. Mr. Jacquet stated he attended the Delray Beach Library 100th Year Banner Event. He stated this past weekend he attended the Sandoway House Event and they had a “Dancing with the Stars” competition. Mr. Jacquet stated he competed with former Commissioner Gary Eliopoulos and Commissioner Adam Frankel and was the winner of the competition. 13.C.2. Mr. Carney Mr. Carney stated the reason he removed Item 8.B. from the Consent Agenda to the Regular Agenda is because he understands what we are trying to do as it relates to whether any type of non-ad valorem is a valid use for the City to fund portions of the budget. Mr. Carney expressed concern that the City put the cart before the horse and stated he is a firm believer that we need to figure out a way to balance the budget first and then after we have our balanced budget we then can take a portion of our budget and back a portion of it out to reduce the ad valorem taxes so that property owners get some kind of a tax break and then spread a minimal amount over. Mr. Carney stated there is a lot more discussion that has to get in as to whether we want to do it and if we ever do impose one what is the structure going to be when we do it. 13.C.3. Mrs. Gray Mrs. Gray asked staff to check into the issue with the press box at Pompey Park. She stated when a cover is placed around the air conditioning unit you cannot see the field to actually call games and would like to see this fixed before the City issues them a CO (Certificate of Occupancy). 32 04/17/12 13.C.4. Mr. Frankel Mr. Frankel stated he had the pleasure of presenting the Championship Trophy during last week’s USTA 12’s tournament. He stated there were 300 players and with 300 players there are many parents, coaches, brothers and sisters all staying in our community, eating in our community, and shopping in our community. Mr. Frankel stated the Tennis Center is being used throughout the year for very good purposes. 13.C.5. Mayor McDuffie Mayor McDuffie stated a lot of people never see these youth tournaments and these events bring a lot of people to town. Secondly, Mayor McDuffie stated he got invited to Temple Emeth to kick off an event called the Flame Society which is passing the knowledge and memory of the Holocaust down through generations. He stated he and Senator Sachs were speakers and it was a great event. Lastly, Mayor McDuffie stated the Delray Affair was a great event. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:27 p.m. __________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 17, 2012, which Minutes were formally approved and adopted by the City Commission on ________________________. 33 04/17/12 _______________________________________________ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. City Commission Meeting on April 17, 2012; Item 9.A. City Commission Meeting on April 17, 2012; Item 9.A. Cit Commission Meeting on April 17, 2012; Item 9.B. Cit Commission Meeting on April 17, 2012; Item 9.B. Cit Commission Meeting on April 17, 2012; Item 9.B. Cit Commission Meeting on April 17, 2012; Item 9.B. Cit Commission Meeting on April 17, 2012; Item 9.B. Cit Commission Meeting on April 17, 2012; Item 9.B. Cit Commission Meeting on April 17, 2012; Item 9.B. WHEREAS, this is the 54th year for “National Safe Boating Week” founded in September of 1958; and WHEREAS, the National Safe Boating Council, Inc. along with the support of 330 groups and organizations, 65% of which are volunteers, devote their timeless efforts in the pursuit of safe recreational boating practice and procedures; and WHEREAS, the U.S. Coast Guard Auxiliary Flotilla 36 of Boca Raton recognizes and is a participant in “National Safe Boating Week”; and WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at times and be a place of chaos and confusion; and WHEREAS, while being a marvelous source of recreation, boating can be a risky sport to the unprepared. Not knowing or obeying the Navigation Rules, the nautical “Rules of the Road,” drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of human error or a lack of proper judgment; and WHEREAS, wearing life jackets can reduce by approximately 80% the number of boaters who lose their lives by drowning each year; and WHEREAS, on average, 700 people die each year in boating-related accidents in the U.S. and nearly 70% of these are fatalities caused by drowning; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, if people are aware of the risk, they are likely to take the precautionary measures to protect themselves, their friends and their family. That is why we must continue to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year; and WHEREAS, today’s life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today’s boating public. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of May 19-25, 2012 as: NATIONAL SAFE BOATING WEEK in Delray Beach, Florida, urge all of those who boat to Wear It!” and practice safe boating habits. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of May, 2012. NELSON S. McDUFFIE MAYOR WHEREAS, mental illness is recognized as a prevalent health problem in America, exceeding cancer, lung disease, heart disease, and obesity combined, and WHEREAS, early diagnosis and treatment can enable most individuals to recover and lead productive lives; and WHEREAS, one in four adults in Palm Beach County, or more than 273,000, plus 21% of children and youth – cutting across socio-economic boundaries – have mental illness and nearly half of those suffer from two or more conditions simultaneously, including schizophrenia, bipolar disorder, and depression which may result in joblessness, domestic violence, homelessness, absenteeism, divorce, bullying, school dropouts, and suicide; and WHEREAS, the capacity of mental health service providers and stakeholders in Palm Beach County is being severely diminished day by day as a result of economic limitations and political divisions that hinder education, early identification, and access to service; and stand in the way of organizing for services; and WHEREAS, advocates and elected officials from South County Mental Health Coalition have proclaimed mental health a priority and have combined efforts to provide leadership and assistance to break the silence throughout Palm Beach County through an action alliance on mental health. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim 2012 as: BREAKING THE SILENCE YEAR in Delray Beach and recognize Mental Health Action Alliance of Palm Beach County for its potential to enlighten all citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of May, 2012. ______________________________ NELSON S. McDUFFIE MAYOR WHEREAS, Delray Beach includes citizens aged 60 and older and is committed to helping all individuals maintain their health and independence in later life; and WHEREAS, older persons serve as advocates and volunteers in community service roles making a real difference in the daily lives of fellow citizens of all ages, while promoting and strengthening the American spirit of civic participation; and WHEREAS, the older adults in Delray Beach have an important role in sharing knowledge, wisdom, and understanding of the history of our community through interactions with children, youth, and adults from other generations; and; WHEREAS, the fruits of knowledge and experience can be effectively transferred from generation to generation through meaningful social interactions and their interactions with family, friends, and neighbors across generations enrich the lives of everyone involved; and WHEREAS, our community can provide opportunities to enrich citizens young and old by emphasizing the value of including elders in public and family life; creating opportunities for older Americans to interact with people of different generations; and providing services, technologies, and support systems that allow older adults to participate in social activities in the community WHEREAS, this year’s theme for Older Americans Month, “Never Too Old To Play”, serves as a directive for everyone to take time this month to engage with our older citizens through enjoyable social interactions such as sports, games, contests, and other forms of play. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May, 2012 as: OLDER AMERICANS MONTH in the City of Delray Beach, Florida, and call upon all citizens of all ages to acknowledge the contributions of older Americans during this month and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as parks, water, sewers, public buildings, streets and highways, canal maintenance, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works functions is materially influenced by the people’s attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme is “Public Works: Creating a Lasting Impression”, as we celebrate the hard work and dedication of the many public works professional throughout the world. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 20-26, 2012 as: NATIONAL PUBLIC WORKS WEEK in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, the week of May 20-26, 2012, has been designated National Emergency Medical Services Week; and WHEREAS, the chosen theme for this year’s declaration is "EMS: More Than A Job. A Calling"; and WHEREAS, the theme accurately emphasizes the relationship between local Emergency Medical Service providers and the community in which they serve; and WHEREAS, local Emergency Medical Service providers have partnered with the community, physicians, and local hospitals in improving public health and wellness through public education programs that raise awareness, medical and injury response and transport, disaster response and mitigation, and other initiatives that reinforce communal bonds; and WHEREAS, May 23, 2012 is Emergency Medical Services for Children (EMSC) Day; and WHEREAS, the City of Delray Beach likewise recognizes the service and sacrifice of local Emergency Medical Services providers; and WHEREAS, throughout our City, Emergency Medical Service professionals provide a vital and necessary service and in the time of need, Emergency Medical Service providers respond in a timely manner providing lifesaving measures for the residents and visitors of Delray Beach. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 20-26, 2012 as: NATIONAL EMERGENCY MEDICAL SERVICES WEEK in Delray Beach, Florida and urge all citizens to honor our Emergency Medical Service teams who faithfully respond when called upon to render aid and to fulfill the greatest creed of all, the service to humanity. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of May, 2012. ________________________ NELSON S. McDUFFIE MAYOR WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance of future world conflicts; and WHEREAS, the relationship between the people of Miyazu, Japan, and Delray Beach, Florida, actually began at the turn of the century when the Florida East Coast Railway helped Jo Sakai establish the Yamato Colony along the railroad near Boca Raton; and WHEREAS, among those early settlers was George Sukeji Morikami, whose hometown was Miyazu, Japan, and who later donated his land near Delray Beach to the County of Palm Beach and which now is home to the Morikami Museum and Japanese Gardens; and WHEREAS, the Sister City program serves as a vehicle to bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Miyazu, Japan established a Sister City Affiliation in April 1977; and WHEREAS, during the past 35 years our communities have had city officials and citizens exchange visits and have established Student and Business Exchange Programs. Delray Beach Sister Cities is enthusiastically sending its seventh Student Exchange delegation to Miyazu, Japan on June 8, 2012, and WHEREAS, the relationship between Miyazu and Delray Beach brings about a great sense of brotherhood, friendship and amity between our two great cities. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize: SPENSER ANDERSON EMMA ARRIETA ALEX BRANDT MIKA DURANTE IZAAK LAKHIA PHOEBE WIENER DANIELLE ZAROS as Student Ambassadors representing the City of Delray Beach. We send our best wishes for good health and fortune to all the citizens, and especially the Students, of Miyazu, Japan, and extend our hands in friendship and peace. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of May, 2012. ___________________________ NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director THROUGH: David T. Harden, City Manager DATE: April 16, 2012 SUBJECT: AGENDA ITEM 7.C. -REGULAR COMMISSION MEETING OF MAY 15, 2012 PRESENTATION OF FY 2011 AUDIT REPORT ITEM BEFORE COMMISSION Presentation of FY 2011 Audit. BACKGROUND Mr. Scott Porter, Partner with Caler, Donten, Levine, Porter & Veil, P.A., will present the results of the FY 2011 audit. Caler, Donten, Levine, Porter & Veil, P.A. is an independent auditing firm based in West Palm Beach. COMPREHENSIVE ANNUAL FINANCIAL REPORT City of Delray Beach, Florida Year Ended September 30, 2011 with Report of Independent Certified Public Accountants Comprehensive Annual Financial Report City of Delray Beach, Florida Year Ended September 30, 2011 with Report of Independent Certified Public Accountants Prepared by the Finance Department David A. Boyd, C.P.A., M.P.A., Director Milena Walinski, CGFO, Assistant Director Rebecca O'Connor Mary Ann Young, CGFO Dolores Egan Maureen Owens Yvonne Walker City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2011 Contents I. INTRODUCTORY SECTION Transmittal Letter ................................................. ......................................................................................................... i Certificate of Achievement ................................................................ ........................................................................vii List of Principal Officials ............................................................................................... ...........................................viii City of Delray Beach Organizational Chart ............................................................................................................. .... ix II. FINANCIAL SECTION Independent Auditor’s Report ...................................................................................................................................... 1 Management's Discussion and Analysis....................................................................................................................... 3 Basic Financial Statements Government-Wide Financial Statements Statement of Net Assets.......................................................................................................................................... 17 Statement of Activities............................................................................................................................................ 18 Fund Financial Statements Balance Sheet – Governmental Funds ..................................................................................................................... 19 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets ................................................................................................................................ ........................... 20 Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds ................................................................................. .......................................................... 21 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Statement of Activities ............................................................................. 22 Statement of Net Assets – Proprietary Funds ............................................................ .............................................. 23 Statement of Revenues, Expenses, and Changes in Net Assets – Proprietary Funds ...................................................................... .......................................................................... 24 Statement of Cash Flows – Proprietary Funds.............................................................................. ........................... 25 Statement of Fiduciary Net Assets – Fiduciary Funds............................................................................................. 26 Statement of Changes in Fiduciary Net Assets – Fiduciary Funds .......................................................................... 27 Notes to Financial Statements ...................................... ........................................................................................... 28 Required Supplementary Information Budgetary Comparison Schedule – General Fund ........................ ........................................................................... 68 Notes to Budgetary Comparison Schedule ................................................................................. ............................. 69 Schedules of Pension Funding Progress .................................................................................................................. 70 Schedules of Employer and State Pension Contributions ........................................................................................ 71 Combining And Individual Fund Statements And Schedules Non-Major Governmental Funds Descriptions ............................................................................................................................................... ............. 72 Combining Balance Sheet....................................................................................................................................... 73 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances................................................ 74 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2011 Contents II. FINANCIAL SECTION (Continued) Non-Major Enterprise Funds Descriptions .................. .......................................................................................................................................... 75 Combining Statement of Net Assets ....................... ................................................................................................. 76 Combining Statement of Revenues, Expenses, and Changes in Net Assets ............................. ............................... 77 Combining Statement of Cash Flows ...................................................................................................................... 78 Internal Service Funds Descriptions ............................................................................................................................................................ 79 Combining Statement of Net Assets ........................................................................................................................ 80 Combining Statement of Revenues, Expenses, and Changes in Net Assets ............................................................ 81 Combining Statement of Cash Flows ....................................................... ............................................................... 82 Fiduciary Funds Descriptions ....................................................................................................... ..................................................... 83 Combining Statement of Plan Net Assets – Pension Trust Funds ........................................................................... 84 Combining Statement of Changes in Plan Net Assets – Pension Trust Funds......................................................... 85 Other Supplementary Information General Fund Schedules of Revenue and Other Financing Sources – Budget and Actual ............................................................. 86 Schedules of Expenditures, Encumbrances and Other Financing Uses – Compared with Appropriations .................................................................................................................................................... 88 Debt Service Requirements Summary Schedule of Debt Service Requirements (Principal and Interest) to Maturity......................................... 90 Combined Schedule of General Obligation Bond Debt Service Requirements ....................................................... 91 Schedule of General Obligation Bonds (Series 2002) ............................................... .............................................. 92 Schedule of General Obligation Bonds (Series 2004) ............................................................................................. 93 Schedule of General Obligation Bonds (Series 2005) ............................................................................................. 94 Combined Schedule of Revenue Bond Debt Service Requirements (Principal and Interest) ........................................................................................................................................ 95 Schedule of Revenue Bonds (Series 2000).............................................................................................................. 96 Schedule of Utility Tax Revenue Bonds (Series 2002) ........................................................................................... 97 Schedule of Revenue Refunding and Improvement Bonds (Series 2003) .................. ............................................. 98 Schedule of Utility Tax Revenue Bonds (Series 2007) ........................................................................................... 99 Schedule of Revenue Bonds (Series 2008 Taxable) .............................................................................................. 100 Combined Schedule of Water and Sewer Revenue Bonds .................................................................................... 101 Schedule of Water and Sewer Revenue Bonds (Series 1993)......................................... ....................................... 102 Schedule of Water and Sewer Revenue Bonds (Series 2006B) ............................................................................. 103 Schedule of Water and Sewer Revenue Bonds (Series 2007)................................................................................ 104 Schedule of Water and Sewer Refunding Revenue Bond (Series 2011A)............................................................. 105 Schedule of Installment Agreements (Capital Leases) .............................................................. ............................ 106 Combined Schedule of Community Redevelopment Agency Tax Increment Redevelopment Revenue Bonds (Series 2004 and Series 1999) .......................................... .............................. 107 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2011 Contents III. STATISTICAL SECTION Descriptions....................................................... ...................................................................................................... 108 Financial Trends Net Assets by Component.................................................... ................................................................................. 109 Changes in Net Assets ........................................................................................... ............................................... 111 Governmental Activities Tax Revenues by Source ............................................................................................... 115 Fund Balances of Governmental Funds................................................................................................................. 116 Changes in Fund Balances of Governmental Funds .............................................................................................. 118 General Governmental Tax Revenues by Source .................................. ................................................................ 120 Assessed Value and Estimated Actual Value of Taxable Property..................................................................... ... 121 Revenue Capacity Property Tax Rates -Direct and Overlapping Governments ................................................................................. 123 Principal Property Taxpayers................................................................................................................................ 124 Property Tax Levies and Collections...................... .............................................................................................. 125 Debt Capacity Ratios of Outstanding Debt by Type ................................................... .................................................................. 126 Ratios of General Bonded Debt Outstanding....................................................................................... .................. 127 Direct and Overlapping Governmental Activities Debt......................................................................................... 128 Water and Sewer Pledged Revenue Coverage ....................................................................................................... 129 Demographic and Economic Information Principal Employers.......... .................................................................................................................................... 130 Demographic and Economic Statistics .......................... ........................................................................................ 131 Operating Information Full-time Equivalent Government Employees by Function............................... .................................................... 132 Capital Asset Statistics by Function ......................................................................................................... ............. 133 Operating Indicators by Function .......................................................................................................................... 134 Schedule of Insurance in Force............................................................................................................................. 135 IV. COMPLIANCE SECTION Compliance With the Single Audit Act and the Rules of the Auditor General for the State of Florida Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ...................................................................... 136 Schedule of Expenditures of Federal Awards and State Financial Assistance ...................................................... 138 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance.......................................................................................................................................................... 140 Independent Auditor’s Report on Compliance With Requirements That Could Have a Direct and Material Effect on Each Major Federal Program and State Project and on Internal Control Over Compliance in Accordance With OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General ............................................................................................ 141 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2011 Contents IV. COMPLIANCE SECTION (Continued) Schedule of Findings and Questioned Costs -Federal Award Programs and State Financial Assistance Projects .................................................................................................................... 143 City Corrective Action Plan.................................................................................................................................. 148 Summary Schedule of Prior Audit Findings .......................................................................................................... 151 Management Letter Management Letter ............................... ................................................................................................................ 154 City Response to Management Letter................................................ .................................................................... 157 Introductory Section i March 14, 2012 Honorable Mayor City Commission City Manager City Staff Citizens and Friends of Delray Beach, Florida Ladies and Gentlemen: We are pleased to submit the Comprehensive Annual Financial Report (CAFR) of the City of Delray Beach for the fiscal year ended September 30, 2011. This report was prepared by the Finance Department and responsibility for the accuracy, completeness and the fairness of the data as presented rests with the City. We believe the data, as presented, is accurate in all material respects; that it is presented in a manner designed to fairly set forth the respective financial position of the governmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and the respective changes in financial position and cash flows where applicable thereof of the City. All disclosures necessary to enable the reader to gain the maximum understanding of the City's financial affairs and condition have been included. The City of Delray Beach offers the readers of their financial statements the Management Discussion and Analysis (MD&A) which is an overview and analysis of financial activities for the fiscal year ended September 30, 2011. This analysis is considered “required supplementary information” for the annual audit and we encourage readers to review and consider this when presented with additional information provided in the financial statements. PRIMARY GOVERNMENT AND COMPONENT UNITS This report includes all funds of the primary government (the City of Delray Beach) and all organizations and component units for which the City is financially accountable including the following:  South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) -this entity was established as a joint venture with equity interests between the cities of Delray Beach and Boynton Beach on December 26, 1974, and is therefore accounted for using the equity method in the financial statements. This agreement created a legal entity which provides wastewater treatment and disposal services, as well as a water reuse transmission plant to the south central region of Palm Beach County without regard to political or governmental boundaries. The entity is governed by a Board composed of the Commission members of each city.  Community Redevelopment Agency (CRA) -this entity is a component unit of the City of Delray Beach and, based upon accounting and reporting criteria, is required to be discretely presented within the financial statements. Discrete presentation requires that the financial information will be presented in columns separate from that of the City’s basic financial statements. The CRA is a dependent special district established by the City of Delray Beach under authority granted by Florida Statute Chapter 163, Part III. It is a legally separate entity established by Ordinance 46-85 passed by the City of Delray Beach City Commission on June 18, 1985. The CRA is governed by a seven member board appointed by the City Commission of the City of Delray Beach. The CRA receives tax increment funds (TIF) from the City of Delray Beach and Palm Beach County based upon the operating millage of those entities for the taxable assessed values of properties in the CRA district in excess of the 1985 taxable assessed valuations. ii  Downtown Development Authority (DDA) -this entity is also a component unit of the City of Delray Beach and is also required to be discretely presented within the financial statements. The DDA was created after the City petitioned the State of Florida. An Act allowing the DDA became law on March 22, 1971. The original boundary of the DDA was established by Section 3, Chapter 71-604 Laws of Florida 1971. The expanded boundary was established by Chapter 94-476 Laws of Florida effective May 13, 1994. This entity is allowed to charge an ad valorem millage rate on the commercial businesses within its boundaries not to exceed one (1) mil. The resolutions regarding millage rates and budgetary submissions must be approved in a public hearing process by the City of Delray Beach. THE CITY OF DELRAY BEACH The City of Delray Beach is a political subdivision of the State of Florida and is located in the southeastern part of the state in Palm Beach County on the Atlantic shoreline. Delray Beach was first settled as an agricultural community in 1895 and first incorporated in 1911. It was later incorporated as the City of Delray Beach on May 11, 1927. The City has a current estimated permanent population of 60,831 (2000 census permanent population was 60,020) with another estimated 12,600 seasonal residents. The current total land area of the City is 16.5 square miles. Delray Beach is primarily residential (67%) with a balance of commercial (10%), light industrial (4%), vacant and agricultural (1%), recreation and open space (13%) and education and government facilities (5%). It is a mature community with 99.1% build-out (based upon land area) and, therefore, its focus is not upon growth, but upon quality development of remaining vacant areas and redevelopment of areas in a state of decline or deterioration. This would include the redevelopment of commercial and industrial areas which are no longer functionally competitive in the regional marketplace. The City of Delray Beach is a full service city with a Commission-Manager form of local government. The citizens elect a Mayor at large on a non-partisan basis every two (2) years who presides over four (4) Commissioners who are elected at large on a non-partisan basis for two (2) year terms in alternating years. The City Commission sets policy, approves legislation, adopts the Annual Budget, and sets rates and fees. The City Commission appoints the City Manager, who is the Chief Operational Officer of the City, and the City Attorney, who acts on all legal matters pertaining to the City. The City Manager is charged with overseeing the daily business of the City and is responsible for the supervision of the City departments and employees. Department Heads serve at the pleasure of the City Manager and other employees are covered with either Civil Service regulations or union agreements. The City of Delray Beach provides citizens with police, fire, emergency medical services including transport, parks and recreation, beach lifeguards, public works, water, sewer, garbage and trash, community improvement and inspection services along with planning, personnel, management and financial support services. The City also provides services to unincorporated areas and adjacent municipalities. Water, fire protection, emergency medical services, emergency police dispatch services, building inspection and permitting and limited sewer services are provided to the Town of Gulfstream. Sewer services, fire protection and emergency medical services and limited water services are provided to the Town of Highland Beach. Both areas are serviced on a contractual basis. The Delray Beach Tennis Center is a full-service tennis facility with 14 clay courts, 7 hard courts, and an 8,200 seat tennis stadium. The facility include 19 lit courts, a pavilion and conference room, pro shop and locker room offering a wide range of adult and junior programs as well as professional events. The Delray Beach Golf Club, designed by Donald Ross in 1923, is one of Palm Beach County’s finest public golf courses which includes a par 72-6,907 yard golf course, driving ranges, 2 putting areas, banquet facilities, restaurant, bar and lounge area and pro shop facilities. The Lakeview Golf Course is a par 60-3,006 yard executive course favored by many beginners, senior citizens and casual golfers. The City encourages the participation of residents and business owners in educational forums, discussing problems within our community, and in contributing their input into resolving these problems. One venue for this is the Annual Town Hall Meeting (including an Annual Citizen’s Roundtable and Infrastructure Hearing) held each year prior to the annual budget process which includes a comprehensive report on the prior year accomplishments of the Planning and Zoning Board, the Community Redevelopment Board and the City of Delray Beach including the distribution of the City’s Annual Report. Other venues include area-wide meetings with neighborhood associations, established boards and committees, charettes, a Resident’s Academy, a Student’s Academy, a Police Academy, a Speaker’s Bureau and special meetings. iii Delray Beach is known locally, regionally and nationally for its special events and vibrant downtown activities. Over the past year, there were over 40 special events including the Green Market in the Park, Art and Jazz on the Avenue, Garlic Fest, Roots Cultural Festival, the 11th Annual ATP International Tennis Championships (ITC) and, the 19th Annual Chris Evert Pro-Celebrity Tennis Classic charity tournament. The 48th Annual Delray Affair attracted over 150,000 visitors over a three-day period. The 4th of July fireworks display attracted over 40,000 observers. The City displayed its 100-foot Christmas tree and had over 25,000 attend its First Night event at Old School Square. There are numerous musicals, parades, shows, art and craft festivals, movies, lectures, exhibits, performances and other special activities. The City of Delray Beach has received the prestigious honor of being recognized as an All-America City in both 1993 and 2001. The City was also a finalist in the 1998 All-America City award competition. The City of Delray Beach is the only city in Florida to have received this prestigious honor twice. The City of Delray Beach celebrated its 32nd year in Sister’s Cities Program relationship with Miyazu, Japan and a later relationship with Moshi, Tanzania, Africa. CURRENT MAJOR INITIATIVES Annexation of Marketplace of Delray In December 2010, the City annexed the Marketplace of Delray, a commercial area, which expands the City’s boundaries by 30.26 acres and includes an existing shopping center and several out parcels. The annexation is expected to contribute additional tax revenue for the City. Neighborhood Stabilization Program As with a number of cities in Florida, property foreclosures have been a big problem. The City makes every effort to work with various financial institutions to keep the properties maintained. The City has received a $1.9 million grant which is to be used for the acquisition, rehabilitation, disposition of foreclosed homes and homeownership assistance. Last year fourteen foreclosed properties were acquired. During this current fiscal year, three more properties were acquired. Of the rehabilitated properties, three properties have been sold for single-family homeownership, three properties were donated to the Delray Beach Housing Authority for rentals to very low income residents, two properties are being marketed for resale and pending transfer to the Delray Beach Community Land Trust. This program benefits low, moderate and median income households and funds from all sales are reinvested back into the program for community redevelopment. Green Initiatives The City Commissioners have made a commitment to position the City as a leader in preserving our environment. Several sustainability initiatives were implemented this year to serve as a road map for other communities throughout the state to follow. In May, Delray Beach became the first city in Palm Beach County and one of the first in the state to install public electric car charging stations. The charging station was installed in the downtown area at the Banker’s Row parking lot. The entire cost of the charging stations of approximately $15,000, and $500 for electricity usage was donated by the Executive Director of Plug-In Florida. The response has been so favorable; there are plans to install additional stations throughout the downtown area. Conserving water is a priority in South Florida and Delray Beach is doing its part by reducing its own water usage. A landscaping project for the West Atlantic Avenue medians was completed that replaced plants that required a lot of water to more drought resistant plants. In addition, the sprinkler system was changed from the traditional overhead spraying to drip irrigation which saves 50% to 70% more water than with the traditional spray heads. The cost of this project was covered by a $200,000 state grant and a $70,000 grant from the Delray Beach Community Redevelopment Agency (CRA). Delray Beach became the first City in Palm County to install solar-powered trash compactors in three of its parks. The compactors need to be emptied only once every two weeks as opposed to multiple times during the week. This not only saves on staff time, but also keeps the parks much neater. The cost of the trash compactors was fully funded by the City’s solid waste agreement. Again, the response has been so favorable, the compactors are now located in the beach area as well as downtown. There is an estimated savings of $40,000 annually. iv The Delray Beach Municipal Marina has been designated as a “Clean Marina” by the Florida Department of Environmental Protection’s Clean Marina Program and the Clean Boating Partnership. This prestigious honor recognizes the City’s utilization of innovative solutions to protect the environment during daily marine operations as well as in emergency situations. Delray Beach will be the 228th Clean Marina in the state. Employee Health and Wellness Center The Employee Health and Wellness Center for employees and their dependents opened in June, 2010. The Center provides primary care by a licensed physician with no co-payment and dispenses many generic prescription drugs at no cost to the employees and dependents covered under one of the City’s medical insurance plans. The City established the Center in close proximity to city work areas to encourage employees to be pro-active in their health care through preventive medicine. Through regular examinations and medical screenings, illnesses and diseases can be prevented as opposed to having to be cured or treated. The on-site staff, in addition to the physician, includes a dietician, nutritionist and radiology technician. Lab work, diagnostic testing and x-ray imaging is provided at the Center as well as weight loss programs. The Center is popular with employees and their dependents with approximately 60% of employees utilizing the Center. Reclaimed Water Project The Reclaimed Water Transmission System is a multi-phase project which will provide reclaimed water for irrigation of golf courses, parks and residential properties. Last year the municipal golf course and barrier island residents were connected to the reclaimed water system. This year homes east of the waterway and north of Atlantic Avenue were provided reclaimed water. This system provides irrigation water at significantly lower costs than using potable drinking water and will also relieve the potable drinking water system of those irrigation demands. FINANCIAL POLICIES In the development and evaluation of the City's accounting and financial reporting systems, consideration is given to the adequacy and accuracy of the internal accounting controls. These controls are designed to provide reasonable, but not absolute, assurance that the assets of the City are safeguarded against loss from unauthorized use or disposition and that there are reliable financial records for the preparation of financial statements and for the accountability of those assets. The City has adopted comprehensive financial policies that enhance and supplement its system of internal accounting controls to safeguard the assets of this City and provides reasonable assurance of the proper recording of financial transactions. Financial Review Board The City Commission has established a Financial Review Board as a continuation of the City’s prior Budget Task Force. The Financial Review Board is a seven (7) member citizen review board with two (2) alternate members, all appointed by the City Commission. Alternate members participate in all discussions but may vote only upon the absence of a regular Board member. The Mission of the Financial Review Board is to examine the income and expenditures (broadly defined) of the City of Delray Beach, and make recommendations to the City Commission on various ways to favorably impact the City's budget and overall financial condition. The Financial Review Board continuously reviews the City’s existing financial plans and budget to improve current policies and the efficient use of available resources. Budget Policies The City Charter requires the adoption of an annual appropriated budget for the General Fund by the City Commission. Nonappropriated budgets, which are not legally required to be adopted, are also prepared by management as an annual financial plan for Special Revenue Funds, Enterprise Funds and Internal Service Funds. The City Commission has adopted policies requiring changes to the budget at the division and departmental level to be approved by the City Commission. Budget amendments within divisions and departments may be approved by the City Manager. As part of the budgetary control system, an encumbrance system is utilized. An encumbrance is a commitment to acquire goods or services (purchase order) which have not been paid for at a particular point in time. For operating purposes, outstanding encumbrances lapse at year-end and are then reappropriated as part of the new year budget. Blanket purchase orders are closed at year-end and are not reappropriated. v OTHER INFORMATION Independent Audit Florida Statutes Chapter 166 requires that the City be audited on an annual basis by independent certified public accountants. The certified public accounting firm of Caler, Donten, Levine, Porter & Veil, P.A. was selected to perform the audit of the City's financial statements. In addition to meeting the requirements set forth in the Florida Statutes, the audit was also designed to meet the requirements of the Federal Single Audit Act and the related OMB Circular A-133, as well as the Florida Single Audit Act. The auditors' reports related to the single audit are included in the Single Audit Section. Financial Statement Awards The Government Finance Officers Association of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Delray Beach, Florida, for its CAFR for the fiscal year ended September 30, 2010. This was the 28th consecutive year the City received this prestigious national award. This award is the highest form of recognition in governmental accounting and financial reporting. Its attainment represents a significant accomplishment for the City and indicates that the contents of the CAFR conformed to strict program standards and satisfied Generally Accepted Accounting Principles (GAAP) and applicable legal requirements. A certificate is valid for a period of one year only. We believe our current report continues to conform to the requirements of the certificate program, and we will submit it to the GFOA to determine its eligibility for the Certificate of Achievement.ACKNOWLEDGMENTS A Comprehensive Annual Financial Report of this type and depth, illustrating the results of operations of the entire City and its various diversified funds and activities, could not have been prepared so completely and professionally without the dedication and efficiency of the entire Finance Department. The efforts of Milena Walinski, Assistant Finance Director, and her entire Financial Services Division and Rebecca O’Connor, Treasurer, deserve special individual recognition. We believe this report clearly illustrates that the City of Delray Beach has developed and continues to maintain a strong financial condition and we wish to thank the City Commission, City Manager and the citizens of the City of Delray Beach for their continued support for fiscal responsibility. It is with great pride that we present this Comprehensive Annual Financial Report at this time. Respectfully submitted, David A. Boyd, C.P.A., M.P.A. Milena Walinski, M.B.A., CGFO Finance Director Assistant Finance Director vi The Government Finance Officers Association (G.F.O.A.) of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Delray Beach, Florida, for its Comprehensive Annual Financial Report (C.A.F.R.) for the fiscal year ended September 30, 2010. In order to be awarded a certificate, a governmental unit must publish an easily readable and efficiently organized Comprehensive Annual Financial Report, whose contents conform to program standards. Such reports must satisfy both Generally Accepted Accounting Principles and applicable legal requirements. A certificate is valid for a period of one year only. We believe our current report continues to conform to certificate program requirement, and we are submitting it to G.F.O.A. to determine its eligibility for another certificate. vii viii CITY OF DELRAY BEACH, FLORIDA LIST OF PRINCIPAL OFFICIALS September 30, 2011 CITY COMMISSION Mayor...............................................................................................… ….....……...…….Nelson “Woodie” McDuffie Vice-Mayor..........................................................................................................................................Thomas Carney Deputy Vice-Mayor………............................................................................................................……Adam Frankel Commissioner..................................... ........................................................................................................Jay Alperin Commissioner....................................................................... .................................................................Angeleta Gray CITY STAFF City Manager................................................................................................. ....................................David T. Harden City Attorney...................................................................................................................................... ........Brian Shutt Assistant City Manager................................................................................................................Robert A. Barcinski Assistant City Manager.....................................................................................................................Douglas E. Smith City Clerk........................................... .............................................................................................Chevelle D. Nubin Community Improvement Director.......................................................... ............................................Lula C. Butler Environmental Services Director....................................................................................................Richard C. Hasko Finance Director....................................................................................................................................David A. Boyd Acting Fire Chief................................................................................................................................Danielle Connor Human Resources Director.......................... .......................……………………….….......................Bruce J. Koeser Parks and Recreation Director................................................................................................. ...............Linda Karch Planning and Zoning Director………………............................................................………………….Paul Dorling Police Chief............................................. ........................................................................................Anthony Strianese Financial Section 1 Independent Auditor’s Report To the Honorable Mayor and City Commission City of Delray Beach, Florida We have audited the accompanying financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Delray Beach, Florida, as of and for the year ended September 30, 2011, which collectively comprise the City’s basic financial statements as listed in the table of contents. These financial statements are the responsibility of the management of the City of Delray Beach, Florida. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Police and Firefighters’ Retirement System Fund, a fiduciary fund of the City, which represents 51%, 53% and 38%, respectively, of the assets, net assets/fund balances and revenues/additions of the aggregate remaining fund information of the City, and the Delray Beach Downtown Development Authority, a discretely presented component unit of the City, which represents .2%, .3% and 4.5%, respectively, of the assets, net assets and revenues of the City’s discretely presented component units. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the Police and Firefighters’ Retirement System Fund and Delray Beach Downtown Development Authority, is based solely on the reports of the other auditors. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over financial reporting. Accordingly, we express no such opinion. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, based on our audit and the report of other auditors, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund and the aggregate remaining fund information of the City of Delray Beach, Florida, as of September 30, 2011, and the respective changes in financial position and cash flows, where applicable, thereof for the year then ended in conformity with U.S. generally accepted accounting principles. CALER, DONTEN, LEVINE, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA JAMES F MULLEN, IV, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpa com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 2 In accordance with Government Auditing Standards, we have also issued our report dated March 12, 2012 on our consideration of the internal control over financial reporting of the City of Delray Beach, Florida, and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. U.S. generally accepted accounting principles require that the management’s discussion and analysis on pages 3 through 16 and the budgetary comparison and pension information on pages 68 through 71 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements of the City of Delray Beach, Florida as a whole. The introductory section, the combining and individual fund financial statements and schedules, the statistical section and the other supplementary information listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and Chapter 10.550, Rules of the Auditor General, and is also not a required part of the basic financial statements. The combining and individual fund financial statements and schedules, the Schedule of Expenditures of Federal Awards and State Financial Assistance, and the other supplementary information are the responsibility of management and were derived from and directly related to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with U.S. generally accepted auditing standards. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. March 12, 2012 3 Management’s Discussion and Analysis Representing the City of Delray Beach (City) management team, the Finance Department offers readers of the City’s financial statements this Management’s Discussion and Analysis (MD&A) which is a narrative overview and analysis of the overall financial activities of the City for the fiscal year ended September 30, 2011. We encourage readers to consider the information presented herein in conjunction with additional information that we have furnished in our Transmittal Letter, which can be found on pages i through v of this report and the actual detailed financial statements beginning on page 17. Financial Highlights  The City’s single largest source of revenue is from property taxes derived from the taxable assessed value of properties with the City, as summarized below (in billions).  The overall financial condition of the City’s General Fund operations is influenced by the real estate market, the current state of the economy and State tax reform legislation. The impact of all three factors has led to the current 11% decrease in taxable assessed property values, from $7 billion in 2010 to $6.2 billion in 2011, or a decrease of $.8 billion. This is the third decrease in the City’s taxable assessed value since 1994. Projected fiscal year 2012 also shows a decrease of 2%, from $6.2 billion to $6.1 billion in taxable assessed value. 4  The assets of the City (Primary Government) exceeded its liabilities at September 30, 2011 by $228,871,571 (Total Net Assets). Of this amount, $64,539,699 is Unrestricted Net Assets that may be used to meet the City’s ongoing obligations to citizens and creditors.  The City’s financial statements also include the Delray Beach Community Redevelopment Agency (CRA) and the Delray Beach Downtown Development Authority (DDA) as two discretely presented component units. These separate agencies are included because the City appoints the governing body of each agency. Together the CRA and DDA had net assets of $26,010,623 at September 30, 2011.  The City’s total net assets, including the City’s discretely presented component units, increased by $1,916,498. Of this amount, governmental activities (including the CRA and DDA) increased by $713,170 and business-type activities increased by $1,203,328. The increase in governmental activities is attributed to the CRA.  The total net assets of the City (Primary Government) decreased by $453,999, comprised of a decrease of $1,657,327 in the governmental activities and an increase $1,203,328 in the business-type activities. This change in net assets is shown on the Statement of Activities.  At September 30, 2011, the City’s governmental funds reported combined ending fund balances of $34,724,289 which decreased $2,926,501from the prior year. The decrease is due primarily to the General Construction Fund using fund balance to complete projects and a decline in General Fund revenues. Approximately $28,272,000 or 81% of the combined ending fund balance is available for spending (Unassigned Fund Balance and Assigned Fund Balance). Of this amount, $18,833,836 is in the General Fund, $5,716,280 is in the Capital Projects Funds and $3,724,592 is in the Special Revenue Funds. These balances are shown on the statement entitled “Balance Sheet -Governmental Funds”.  At September 30, 2011, Unassigned Fund Balance for the General Fund was $18,682,823 or 20.6% of total 2011 General Fund expenditures of $90,549,314. This is a decrease of $1,696,744 from the prior year or 8.3%. Although expenditures decreased by 3.6%, revenues decreased even more, 4.7%, resulting in the overall decrease to fund balance. The City’s financial policy is to strive to maintain between 15% to 25% of Unassigned Fund Balance compared to the expenditure budget as an acceptable reserve for first quarter cash flow (there are no tax remittances during the first several months of a fiscal year) and for unanticipated expenses such as storm damage costs, uninsured legal claims and other unforeseen expenses. 5 Overview of the Financial Statements This management discussion and analysis report is intended to serve as an introduction to the City’s basic financial statements. The City’s basic financial statements consist of three parts: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information that explains in more detail some of the information in the financial statements. Government-Wide Financial Statements The government-wide financial statements are designed to provide readers with a broad overview of the City’s finances and to report information about the City in a manner similar to those reports issued and used by private sector companies. The Statement of Net Assets includes all of the City’s assets and liabilities and provides information about the nature and amounts of investments in resources (assets) and the obligations to creditors (liabilities). These assets and liabilities are presented in a classified format, which distinguishes between current and longterm assets and liabilities. The difference between assets and liabilities (net assets) provides the basis for computing rate of return, evaluating the capital structure of the City, and assessing the liquidity and financial flexibility of the City. Over time, increases or decreases in net assets may help to serve as a useful indicator of whether the overall financial position of the City is improving or deteriorating. The Statement of Activities presents information showing how the City’s net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected revenues and earned but unused leave). Both of the government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include such areas as General Government, Public Safety, Physical Environment and Parks and Recreation. The business-type activities of the City that rely on user fees and charges include areas such as Water and Sewer, Municipal Golf Course, Lakeview Golf Course, City Marina, Sanitation and Stormwater Utility operations. Both of the government-wide financial statements include not only the City itself (known as the Primary Government), but also the legally separate CRA and DDA for which the City is financially accountable (known as component units). Financial information for these component units are reported separately from the 6 financial information presented for the primary government itself. The government-wide financial statements can be found on pages 17 and 18 of this report. Fund Financial Statements Governmental Funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. As a result of this difference in focus, reconciliations are provided between the fund financial statements and government-wide financial statements to understand the long-term impact of short-term financing decisions. The City maintains thirteen individual governmental funds. Information is presented separately for the General Fund. Data for the other governmental funds are aggregated into a single presentation. Individual fund data for each of these non-major governmental funds is provided in the form of combining statements elsewhere in this report. The basic governmental fund financial statements can be found on pages 19 through 22 of this report. Proprietary Funds The City maintains two different types of proprietary funds, enterprise funds and internal service funds. Enterprise funds are used to report business-type activities that charge fees to customers for the use of specific goods or services. These statements are prepared on the accrual accounting basis that is the same as the basis used to prepare the government-wide financial statements. The City uses enterprise funds to account for its water and sewer utility, the municipal golf course, the Lakeview golf course, the marina, sanitation operations and stormwater utility. Internal service funds are used to account for the insurance services and central garage services provided to other departments of the City on a cost-reimbursement basis. Because these services predominantly support governmental rather than business-type functions, they have been included within the governmental activities in the government-wide financial statements. Proprietary fund financial statements provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the water and sewer utility system which is considered to be a major fund of the City. The remaining 7 enterprise funds are considered non-major funds and are combined with the internal service funds into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the non-major enterprise funds and the individual internal service funds is provided in the form of combining statements elsewhere in this report. The City’s proprietary fund financial statements can be found on pages 23 to 25 of this report. Fiduciary Funds Fiduciary funds are used to account for resources held in trust for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of those funds are not available to support the City’s operations. The accounting methods used for fiduciary funds are similar to that used for proprietary funds. Individual fund data for each of the fiduciary funds is provided in the form of combining statements elsewhere in this report. The City’s fiduciary fund financial statements can be found on pages 26 and 27 of this report. Notes to the Financial Statements The notes to the financial statements provide additional information and clarification that are essential to a full understanding of the data presented in the government-wide and fund financial statements. The notes to the financial statements can be found beginning on page 28 of this report. Other Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information, including a budgetary comparison schedule for the General Fund and schedules providing information on the City’s progress in funding its obligation to provide pension benefits to its employees. The budgetary comparison schedule for the General Fund has been provided as required supplementary information to demonstrate compliance with the appropriated budget the City is required to adopt under Florida Statutes. The City is not legally required to adopt budgets for other funds and therefore those budgets are not included as required supplementary information. Required supplementary information can be found on pages 68 through 71 of this report. The combining fund financial statements for non-major governmental, non-major proprietary and the fiduciary funds are presented immediately following the required supplementary information. Combining and individual fund financial statements and schedules can be found beginning on page 72 of this report. Government-Wide Financial Analysis Our analysis of the government-wide financial statements of the City begins below. One of the most important questions asked about the City’s finances is 8 “whether the City of Delray Beach, as a whole, is better off or worse off as a result of this year’s activities?” The following Condensed Statement of Net Assets and Condensed Statement of Activities report summarized information about the City’s activities in a way that will help answer this question. These two statements report the net assets of the City and the changes in net assets during the year. You can think of the City’s net assets -the difference between assets and liabilities -as one way to measure the financial health or financial condition. Over time, increases or decreases in the City’s net assets are one indicator of whether its financial health is improving or deteriorating. However, you will also need to consider other non-financial factors such as changes in economic conditions, regulations, and new or changed government legislation. To begin our analysis, a summary of the City’s government-wide statement of net assets is presented in Table A-1. Table A-1 Condensed Statement of Net Assets ($ in millions) Governmental Activities Business-type Activities Totals 2011 2010 2011 2010 2011 2010 Current and other assets $51.2 $58.6 $60.1 $61.1 $111.3 $119.7 Capital assets 139.7 141.7 101.1 101.6 240.8 243.3 Total Assets 190.9 200.3 161.2 162.7 352.1 363.0 Current liabilities 7.4 10.9 8.5 9.2 15.9 20.1 Non-current liabilities 72.0 76.2 35.4 37.4 107.4 113.6 Total Liabilities 79.4 87.1 43.9 46.6 123.3 133.7 Net Assets: Invested in capital assets, net of related debt 78.8 77.7 74.9 69.5 153.7 147.2 Restricted 6.5 13.6 4.1 7.1 10.6 20.7 Unrestricted 26.2 21.9 38.3 39.5 64.5 61.4 Total Net Assets $111.5 $113.2 $117.3 $116.1 $228.8 $229.3 The total net assets of the City decreased by $.5 million or approximately .2% from $229.3 million to $228.8 million. The decrease in net assets was primarily a result of operations in the governmental activities. A significant portion of the City’s net assets ($153.7 million or 67.2% of the Total Net Assets) reflects its investment in capital assets (e.g., land, buildings, machinery, and equipment), net of any related debt that is still outstanding. Although the City’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City’s net assets (4.6%) represents resources that are subject to restrictions on how they may be used. The balance in restricted assets reflects a decrease of $10.1 million from the prior year. This decrease is primarily due to debt service in both business-type and governmental activities. 9 The unrestricted portion of net assets represents resources that may be used to meet the City’s ongoing obligations to its citizens and creditors. The 2011 balance increased $3.1 million due to increases in certain Special Revenue Fund net assets categorized as unrestricted on the statement of net assets. The overall financial condition of the City remained consistent as evidenced by Table A-1. While the statement of net assets shows the changes in financial position and net assets, the Condensed Statement of Activities provides answers as to the nature and the sources of these changes. This is shown below in Table A-2. Table A-2 Changes in Net Assets Condensed Statement of Activities ($ in millions) Governmental Activities Business-type Activities Totals 2011 2010 2011 2010 2011 2010 Revenues Program Revenues: Charges for services $13.8 $13.6 $42.5 $42.6 $56.3 $56.2 Operating grants, contributions 4.8 7.0 .9 1.2 5.7 8.2 Capital grants, contributions .4 .8 .8 .9 1.2 1.7 General Revenues: Property Taxes 47.5 52.7 .0 .0 47.5 52.7 Other taxes 15.6 15.9 .0 .0 15.6 15.9 Intergovernmental 6.0 5.8 .0 .0 6.0 5.8 Other 7.3 7.7 .0 .0 7.3 7.7 Total Revenues 9 5.4 103.5 44.2 44.7 139.6 148.2 Expenses General government 18.3 22.5 .0 .0 18.3 22.5 Public safety 56.6 56.0 .0 .0 56.6 56.0 Physical environment 7.6 8.4 .0 .0 7.6 8.4 Parks and recreation 15.6 15.3 .0 .0 15.6 15.3 Interest on long-term debt 2.7 2.9 .0 .0 2.7 2.9 Water and sewer .0 .0 29.5 26.2 29.5 26.2 Municipal golf course .0 .0 3.0 3.0 3.0 3.0 Lakeview golf course .0 .0 .7 .7 .7 .7 City marina .0 .0 .1 .1 .1 .1 Sanitation .0 .0 4.3 4.4 4.3 4.4 Stormwater utility .0 .0 1.7 1.5 1.7 1.5 Total Expenses 100.8 105.1 39.3 35.9 140.1 141.0 Change in Net Assets Before Transfers (5.4) (1.6) 4.9 8.8 (.5) 7.2 Transfers 3.7 3.6 (3.7) (3.6) .0 .0 Increase (Decrease) in Net Assets (1.7) 2.0 1.2 5.2 (.5) 7.2 Beginning Net Assets 113.2 111.2 116.1 110.9 229.3 222.1 Ending Net Assets $111.5 $113.2 $117.3 $116.1 228.8 $229.3 10 Governmental activities decreased the City’s net assets by approximately $1.7 million. The decrease in net assets is a result of variances in revenues and expenses with the most notable being:  The revenues in most categories remained constant from the prior year as noted in the table below, except property taxes and operating grants and contributions. The property tax decrease is a reflection of the continued decline in taxable assessed value. Both 2011 and 2010 reflected double digit decreases in taxable assessed value, although for 2012, the decline appears to be slowing. The decrease of $2.2 million in operating grants and contribution is directly related to the completion of American Recovery and Reinvestment Act (ARRA) projects. Revenue by Sources-Governmental Activities 13.6 7.0 0.8 52.7 15.9 5.87.7 13.8 4.8 0.4 47.5 15.6 6.0 7.3 0 10 20 30 40 50 60 Charges for Services Operating Grants/Contributions Capital grants/Contributions Property Taxes Other Taxes Intergovernmental Other 2011 2010 Expenditures by function for 2011 and 2010 are summarized as follows: Expenditure by Function 22.5 56 8.4 15.3 2.9 18.3 56.7 7.6 15.6 2.7 0 10 20 30 40 50 60 General government Public safety Physical environment Parks and recreation Interest on debt 2010 2011 11  Most departmental expenses decreased except for a slight increase in public safety and parks and recreation. The increase in Parks and Recreation was directly attributable to the Tennis Stadium operations. This year was the first time the City hosted the Champions Tour. The cost of the tournament was $.5 million. Business-type activities net assets had an increase of $1.2 million for the year, but this was a decrease of $4 million from the previous year. All business-type funds remained fairly consistent with the previous year, except for the Water and Sewer Fund, where interest expense increased 139.5% from fiscal year 2010 due to the interest associated with the Capital Appreciation bonds. Financial Analysis of the City of Delray Beach Funds Governmental Funds The fund financial statements for the governmental funds are provided on pages 19-22. The only major governmental fund of the City is the General Fund. Major Governmental Fund Information ($ in Millions) General Fund 2011 2010 Revenues $89.7 $94.2 Expenditures (90.5) (93.9) Other financing sources (uses) (.5) 0 Increase (Decrease) in Fund Balance $(1.3) $.3 General Fund The General Fund is the primary operating fund of the City and is not supported by user fees. The General Fund recognized $89,761,392 in total revenues, $90,549,314 in expenditures and ($521,601) in net other financing uses. This resulted in a decrease in fund balance of $1,309,523. The Fund Balance decreased from $24,061,578 in 2010 to $22,752,055 in 2011. Of this amount, $18,682,823 is in Unassigned Fund Balance which represents 20.6% of the 2011 expenditure level. This represents a decrease of 8.3% from the prior year. The City’s informal guideline is to maintain Unassigned Fund Balance at a level of 15% to 25% of the City’s expenditures to compensate for first quarter cash flow, uninsured legal claims and other emergency purposes. 12 Proprietary Funds Proprietary Fund Information ($ in Millions) Operating Income Change in Net Assets 2011 2010 2011 2010 Enterprise Funds Water/Sewer $9.8 $9.5 $.4 $3.7 Municipal Golf Course .0 .1 (.1) .0 Lakeview Golf Course .0 .0 .0 .0 City Marina .1 .1 .0 .0 Sanitation .6 1.0 .6 1.0 Stormwater Utility .5 .7 .4 .4 Internal Service Funds Insurance (.3) 1.2 (.3) .6 Central Garage .1 .0 .3 .6 Water and Sewer Fund The increase of $300,000 in operating income reflects increased sales of reclaimed water and a slight reduction in operating expenses. The Water and Sewer Fund is encouraging customers to use reclaimed water as opposed to potable water for irrigation purposes. To meet the need of the customers, reclaimed water lines are being installed in multiple areas of the City. Although the reduction in operating expense was slight, the Fund is continuing the trend of reducing expenses. Other Enterprise Funds The City has five (5) other non-major enterprise funds consisting of the Municipal Golf Course, Lakeview Golf Course, City Marina, Sanitation and the Stormwater Utility. The Municipal Golf Course has an operating loss this year of ($34,881) compared to $125,280 last year. The economy has had a negative impact on the rounds of golf played this year. The Lakeview Golf Course has an operating income of $46,113 versus $57,340 last fiscal year. This is an executive golf course and is not as sensitive to the economy as the Municipal Golf Course. The Marina Fund has an operating income this year of $73,708 compared to $65,808 last year, reflecting a slight increase in slip rentals for 2011. The Sanitation Fund generated an operating income of $642,950 this year compared to $1,036,911 last year. The difference from the prior year was due to a settlement with the debris hauler for work following Hurricane Frances. 13 The Stormwater Utility Fund has an operating income this year of $521,135 compared to $688,556 last fiscal year. This year, a portion of the engineering division and Sustainability Officer’s costs were transferred to the Stormwater Utility Fund reflecting the work performed by those functions. Stormwater fees are billed and received as part of the annual property tax bills. Internal Service Funds Internal service funds are used to account for the financing of goods or services provided by one department to other departments within the City on a cost reimbursement basis. The City has two internal service funds; the Insurance Fund is used to account for all personnel insurances (health, life, disability) and property and casualty insurance, and the Central Garage Fund handles all the fueling, maintenance and replacement of city vehicles. The Insurance Fund recorded a decrease in our required self-insured “Incurred but Not Reported” (IBNR) claims liability from $4,265,219 to $3,996,911 for property, health and worker’s compensation claims. The decrease reflects slower claim development for all lines of insurance and a reduction in very large claims. All required reserves are determined by independent actuaries. The Insurance Fund had $3,812,889 in Unrestricted Net Assets at September 30, 2011. The Central Garage Fund has an operating income of $117,115 compared to $26,998 last year. The increase in operating income is due primarily to an increase in the labor rate charged for Garage services. General Fund Budgetary Highlights The original budget for 2011 reflected an increase of $2.9 million in fund balance, while the final amended budget was a decrease of $3.3 million. There was a positive variance between the final adopted budget and actual results of operations of $2.1 million. Actual revenues exceeded the final budget by $220,000 and actual expenditures were less than final budget by $1.9 million. Current year revenues were greatly impacted by a slow economy, and a decline in private and commercial construction. Most revenue categories were close to budgeted amounts, except for Taxes which exceeded the budget by $502,000 and Charges for Services which were under budget by $565,000. Capital Asset and Debt Administration Capital Assets As of September 30, 2011, the City had $240.7 million invested in a variety of capital assets, as reflected in Table A-3 below, which represents a net decrease of $2.6 million from the previous fiscal year. Infrastructure assets are included in the Governmental Activities category “Improvements Other”. Additional information can be found in Note 9 Capital Assets pages 41-43. 14 Table A-3 Capital Assets ($ In Millions) Beginning Balance 10/01/2010 Increases Decreases Ending Balance 9/30/2011 Governmental Activities: Land $38.1 $0.4 ($.0) $38.5 Construction in Progress 1.4 3.6 (.3) 4.7 Non-Depreciable Assets 39.5 4.0 (.3) 43.2 Buildings 37.8 .3 (.0) 38.1 Improvements Other 116.1 .9 (.1) 116.9 Equipment 37.7 2.2 (1.5) 38.4 Less: Accumulated Depreciation (89.4) (9.1) 1.6 (96.9) Depreciable Assets-Net 102.2 (5.7) (.0) 96.5 Capital Assets-Governmental $141.7 $(1.7) $(.3) $139.7 Business-Type Activities: Land $5.7 $0.0 $0.0 $5.7 Construction in Progress .4 2.9 (.1) 3.2 Non-Depreciable Assets 6.1 2.9 (.1) 8.9 Buildings 13.6 .1 .0 13.7 Improvements Other 158.0 .5 (.3) 158.2 Equipment 14.1 .5 (.5) 14.1 Less: Accumulated Depreciation (90.2) (4.2) .5 (93.9) Depreciable Assets-Net 95.5 (3.1) (.3) 92.1 Capital Assets-Business-Type $101.6 $(.2) $(.4) $101.0 Major capital assets changes during fiscal year 2011 were minimal due to slow economic conditions. Projects city-wide have either been downsized or deferred in fiscal year 2011, although there are several large projects that are in the planning stage for 2012. In the upcoming year, the beautification of Federal Highway is being planned with a budgeted cost of $9.2 million with the majority of the funding to come from federal, state and local grants. A new financial system is in the planning stages with a budget of $1.4 million, including hardware. The Water and Sewer Fund has reclaimed water projects totaling in excess of $1.2 million. Debt Administration As of September 30, 2011, the City had total debt outstanding of $113.0 million compared to $119.1 million as of September 30, 2010. The $113.0 million, net of related unamortized premium, discount and losses on refunding, includes the following:  General obligation bonds of $24.6 million (gross), which is debt backed by the full faith and credit of the City. 15  Revenue bonds of $35.6 million (gross), which are secured by pledged revenue sources or the promise to budget and appropriate sufficient revenues to pay for the debt service.  Revenue bonds of $26.2 million (gross) that are backed by a pledge of the net revenue of the water and sewer system.  Accrued interest on capital appreciation bonds of $10.7 million.  Compensated absences of $8.1 million.  Insurance claims reserves of $4 million.  Installment agreements of $.2 million that are secured by the promise to budget and appropriate sufficient revenues to pay the debt. Table A-4 Noncurrent Liabilities ($ in Millions) Beginning Balance 10/01/2010 Increases Decreases Ending Balance 9/30/2011 Governmental Activities: Revenue Bonds $36.5 $ .0 ($.9) $35.6 General Obligation Bonds 27.1 .0 (2.5) 24.6 Unamortized Premium 1.0 .0 (.1) .9 Unamortized Loss on Refinancing (0.3) .0 0.1 (.2) Total Bonds Payable 64.3 .0 (3.4) 60.9 Installment Agreements .2 .0 (.1) .1 Compensated Absences 7.5 .3 (.7) 7.1 Insurance Claims Payable 4.2 7.9 (8.1) 4.0 Governmental Activities 76.2 8.2 (12.3) 72.1 Business-Type Activities: Revenue Bonds 32.1 5.4 (11.3) 26.2 Unamortized Premium 0.1 0.0 (0.0) 0.1 Unamortized Loss on Refinancing (0.2) 0.0 0.0 (0.2) Total Bonds Payable 32.0 5.4 (11.3) 26.1 Accrued interest on capital appreciation bonds 9.9 3.8 (3.0) 10.7 Compensated Absences .9 .1 (.0) 1.0 Installment Agreements 0.1 0.0 0.0 0.1 Business Type Activities 42.9 9.3 (14.3) 37.9 Total Debt Outstanding $119.1 $17.5 $(26.6) $110.0 The City issued $5,430,000 of Water and Sewer Revenue Bonds on September 29, 2011 (Series 2011A) to currently refund the Series 2006A Water and Sewer Revenue Bonds. All other long-term debt activity for 2011 was related to payments on outstanding debt and amortization of bond premium, discount and prior refunding losses. The general obligation bonds of the City maintain an underlying rating of AAfrom Standard & Poor’s and A1 from Moody’s Investors Services, Inc. There was no change in the City’s bond ratings from the prior year. For more detailed 16 information regarding the City’s debt and debt financing activity, refer to Note 12, Noncurrent Liabilities pages 46-53. Economic Factors and FY 2012-13 Budget and Rates  At the end of September 2011 the City authorized the refunding of the outstanding Water and Sewer Bonds, Series 2006 (with Series 2011A) resulting in a present value savings of $555,000.  In October 2011, the City authorized a second refunding of $8,160,000 (with Series 2011B) for outstanding Water and Sewer Bonds, Series 2007, resulting in a present value savings of $1,105,000.  In an effort to enhance collection of ambulance fees, the City brought the function of billing and collections “in house”. The anticipated revenue was not realized this year due to staffing issues, but collections in the current year are on track to meet the original budget projections.  The City is participating in a Priority Based Budget process for the upcoming budget (FY 2012/13). Community goals and values have been established and functions are in the process of being ranked.  The Florida legislature is considering various proposals which could have a significant impact on local government’s revenues and expenditures, as well as the government’s ability to maintain or improve services to the residents. The City is monitoring these initiatives and their future impact to the City. Requests for Information This financial report is designed to provide a general overview of the City’s finances for all those with an interest in the government’s finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the: Office of the Director of Finance 100 N. W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7117 Basic Financial Statements Community Downtown Redevelopment Development Governmental Business-Type Agency Authority Activities Activities Total (CRA) (DDA) ASSETS Cash and cash equivalents $ 40,144,528 $ 155,702 $ 40,300,230 $ 8,306,105 $ 51,525 Investments 16,500,000 -16,500,000 --Receivables: -Accounts, net 1,717,869 3,128,095 4,845,964 974,058 7,452 Unbilled accounts -1,052,928 1,052,928 --Notes receivable 5,074,816 -5,074,816 --Interest receivable 1,041,048 -1,041,048 --Due from primary government ---50,000 -Due from other governments 2,215,823 -2,215,823 --Internal balances (18,970,102) 18,970,102 ---Inventory 76,905 325,440 402,345 --Prepaid expenses 1,112,914 74,483 1,187,397 -16,912 Net pension asset 133,794 -133,794 --Deposits ---4,041 2,250 Due from component units 623,625 -623,625 --Bond issuance costs, net 459,156 65,605 524,761 17,250 -Restricted assets -7,268,782 7,268,782 --Investment in regional plant (joint venture) -29,120,961 29,120,961 --Assets held for resale 1,127,774 -1,127,774 --Capital assets: Non-depreciable capital assets 43,190,937 8,919,791 52,110,728 25,674,467 -Depreciable capital assets, net 96,508,060 92,161,218 188,669,278 3,285,485 -Total Assets 190,957,147 161,243,107 352,200,254 38,311,406 78,139 LIABILITIES Accounts payable and accrued expenses 2,789,512 725,192 3,514,704 428,665 5,098 Contracts payable and retainages -646,553 646,553 24,724 -Deposits 181,174 1,078,388 1,259,562 15,904 -Unearned revenue 2,689,142 120,106 2,809,248 6,154 -Accrued interest on long-term debt 306,941 -306,941 --Due to component units 50,000 -50,000 --Due to primary government ---623,625 -Payable from restricted assets -5,656,280 5,656,280 --Net OPEB obligation 1,355,927 300,792 1,656,719 --Noncurrent liabilities: Due within one year 5,788,961 3,045,221 8,834,182 1,764,752 -Due in more than one year 66,252,906 32,341,588 98,594,494 9,510,000 -Total Liabilities 79,414,563 43,914,120 123,328,683 12,373,824 5,098 NET ASSETS Invested in capital assets, net of related debt 78,779,535 74,942,051 153,721,586 17,688,421 -Restricted for: Debt service 505,430 2,477,419 2,982,849 --Capital projects 5,716,280 1,612,502 7,328,782 --Specific purposes 298,655 -298,655 --Unrestricted 26,242,684 38,297,015 64,539,699 8,249,161 73,041 Total Net Assets $ 111,542,584 $ 117,328,987 $ 228,871,571 $ 25,937,582 $ 73,041 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF NET ASSETS September 30, 2011 Primary Government Component Units 17 Net (Expense) Revenue and Changes in Net Assets Community Downtown Operating Capital Redevelopment Development Charges for Grants and Grants and Governmental Business-type Agency Authority PRIMARY GOVERNMENT Expenses Services Contributions Contributions Activities Activities Total (CRA) (DDA) Governmental Activities: General Government $ 18,350,964 $ 3,623,718 $ 2,529,998 $ 414,403 $ (11,782,845) $ -$ (11,782,845) $ $ Public Safety 56,586,070 7,022,063 1,844,661 -(47,719,346) -(47,719,346) Physical Environment 7,559,512 1,419,279 -18,424 (6,121,809) -(6,121,809) Parks and Recreation 15,647,602 1,726,011 466,706 -(13,454,885) -(13,454,885) Interest on Long-term Debt 2,701,776 ---(2,701,776) -(2,701,776) Total Governmental Activities 100,845,924 13,791,071 4,841,365 432,827 (81,780,661) -(81,780,661) Business-type Activities: Water and Sewer 29,558,007 31,962,663 511,829 713,526 -3,630,011 3,630,011 Municipal Golf Course 2,976,846 2,820,197 51,769 2,762 -(102,118) (102,118) Lakeview Golf Course 676,158 666,591 5,855 --(3,712) (3,712) City Marina 136,955 209,145 1,628 --73,818 73,818 Sanitation 4,293,784 4,739,150 322,010 --767,376 767,376 Stormwater Utility 1,677,612 2,112,375 12,757 72,644 -520,164 520,164 Total Business-type Activities 39,319,362 42,510,121 905,848 788,932 -4,885,539 4,885,539 Total Primary Government $ 140,165,286 $ 56,301,192 $ 5,747,213 $ 1,221,759 (81,780,661) 4,885,539 (76,895,122) COMPONENT UNITS Community Redevelopment Agency (CRA) $ 8,759,442 $ 301,643 $ 169,908 $ -(8,287,891) -Downtown Development Authority (DDA) 526,980 ----(526,980) Total Component Units $ 9,286,422 $ 301,643 $ 169,908 $ -(8,287,891) (526,980) General Revenues: Taxes: Property Taxes 47,467,480 -47,467,480 10,645,402 449,112 Franchise Fees 4,857,533 -4,857,533 --Utility Service Taxes 8,777,975 -8,777,975 --Sales Taxes 1,293,963 -1,293,963 --Local Business Tax 702,394 -702,394 --Intergovernmental not restricted to specific programs 5,983,120 -5,983,120 --Investment earnings 306,887 29,609 336,496 19,978 1,576 Miscellaneous 7,022,162 -7,022,162 -69,300 Transfers 3,711,820 (3,711,820) ---Total General Revenues and Transfers 80,123,334 (3,682,211) 76,441,123 10,665,380 519,988 Change in Net Assets (1,657,327) 1,203,328 (453,999) 2,377,489 (6,992) Net Assets -October 1, 2010 113,199,911 116,125,659 229,325,570 23,560,093 80,033 Net Assets -September 30, 2011 $ 111,542,584 $ 117,328,987 $ 228,871,571 $ 25,937,582 $ 73,041 The notes to the financial statements are an integral part of this statement. Primary Government Program Revenues CITY OF DELRAY BEACH, FLORIDA STATEMENT OF ACTIVITIES For the Fiscal Year Ended September 30, 2011 Component Units 18 Major Fund Non-Major Total General Governmental Governmental Fund Funds Funds ASSETS Cash and cash equivalents $ 38,348,527 $ 54,650 $ 38,403,177 Investments 15,000,000 -15,000,000 Accounts receivable, net 1,645,796 43,222 1,689,018 Notes receivable 3,347,828 1,726,988 5,074,816 Interest receivable 1,041,048 -1,041,048 Due from other governments 758,660 1,457,163 2,215,823 Due from other funds -10,501,909 10,501,909 Inventory 27,178 -27,178 Prepaid items 719,973 289 720,262 Due from component units 481,222 142,403 623,625 Assets held for resale -1,127,774 1,127,774 Total Assets $ 61,370,232 $ 15,054,398 $ 76,424,630 LIABILITIES AND FUND BALANCES LIABILITIES Accounts payable and accrued items $ 1,146,839 $ 680,415 $ 1,827,254 Deposits 181,174 -181,174 Due to other funds 35,204,769 329,588 35,534,357 Deferred revenue 2,085,395 2,022,161 4,107,556 Due to component units -50,000 50,000 Total Liabilities 38,618,177 3,082,164 41,700,341 FUND BALANCES Nonspendable: Inventory 27,178 -27,178 Prepaid items 719,973 289 720,262 Long-term notes receivable 3,165,084 1,726,988 4,892,072 Restricted for: Debt service -505,430 505,430 Law enforcement -298,655 298,655 Capital projects 5,984 -5,984 Assigned to: Special purposes 151,013 -151,013 Capital Projects Funds -5,716,280 5,716,280 Special Revenue Funds -4,364,956 4,364,956 Unassigned: General Fund 18,682,823 -18,682,823 Special Revenue Funds (deficit) -(640,364) (640,364) Total Fund Balances 22,752,055 11,972,234 34,724,289 Total Liabilities and Fund Balances $ 61,370,232 $ 15,054,398 $ 76,424,630 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA BALANCE SHEET GOVERNMENTAL FUNDS September 30, 2011 19 Total Fund Balances -Governmental Funds $ 34,724,289 Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and therefore, are not reported in the funds. Capital assets $ 217,009,987 Less accumulated depreciation (85,001,319) 132,008,668 Other long-term assets are not available to pay for current period expenditures and, therefore, are deferred in the funds. Interest receivable 1,003,373 Rent receivable 100,000 Long-term receivables 315,041 1,418,414 Net pension assets of defined benefit pension plans are reported in the statement of net assets. Because the net pension asset does not represent available, spendable resources, it is not reported in governmental funds. 133,794 Premiums, discounts, gains and losses on refundings are reported as "Other Financing Sources and Uses" and bond issuance costs are charged to expenditures when debt is issued in the governmental funds. These items, however, are deferred and amortized over the life of the bonds in the government-wide statements. Bond issuance costs 459,156 Loss on refunding 228,534 Bond premium (856,320) (168,630) Long-term liabilities, including bonds payable, are not due and payable in the current period and therefore, are not reported in the funds. Accrued interest payable (306,941) Bonds and installment agreements payable (60,291,676) Compensated absences (7,004,193) Net OPEB obligation (1,317,426) (68,920,236) Internal service funds are used by management to charge the costs of fleet management and insurance to individual funds. The net assets of the internal service funds are included in governmental activities in the statement of net assets. Net assets 13,578,531 Less amount allocated to business-type activities (1,232,246) 12,346,285 Total Net Assets -Governmental Activities $ 111,542,584 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET ASSETS September 30, 2011 20 Major Fund Non-Major Total General Governmental Governmental Fund Funds Funds REVENUES Taxes $ 58,241,812 $ -$ 58,241,812 Licenses and permits 7,957,960 -7,957,960 Intergovernmental 7,802,879 3,021,606 10,824,485 Charges for services 8,857,080 561,491 9,418,571 Fines and forfeitures 1,072,260 199,813 1,272,073 Miscellaneous 5,829,401 1,455,697 7,285,098 Total Revenues 89,761,392 5,238,607 94,999,999 EXPENDITURES Current: General government 15,379,327 2,469,048 17,848,375 Public safety 54,105,663 989,644 55,095,307 Physical environment 3,811,954 1,037,897 4,849,851 Parks and recreation 12,055,056 819,323 12,874,379 Capital outlay 184,748 4,573,340 4,758,088 Debt service: Principal retirement 3,466,375 23,985 3,490,360 Interest and fiscal charges 1,546,191 1,177,672 2,723,863 Total Expenditures 90,549,314 11,090,909 101,640,223 Excess of revenues over (under) expenditures (787,922) (5,852,302) (6,640,224) OTHER FINANCING SOURCES (USES) Proceeds from sale of capital assets 1,903 -1,903 Transfers in 3,720,390 4,262,734 7,983,124 Transfers out (4,243,894) (27,410) (4,271,304) Total Other Financing Sources (Uses) (521,601) 4,235,324 3,713,723 Net change in fund balances (1,309,523) (1,616,978) (2,926,501) Fund balances -October 1, 2010 24,061,578 13,589,212 37,650,790 Fund balances -September 30, 2011 $ 22,752,055 $ 11,972,234 $ 34,724,289 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS For the Fiscal Year Ended September 30, 2011 21 Net Change in Fund Balances -Total Governmental Funds $ (2,926,501) Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. Depreciation expense and capital outlays in the current period were as follows. Capital outlays $ 4,758,088 Depreciation expense (7,267,950) (2,509,862) In the statement of activities, only the gain or loss on the sale of capital assets is reported, whereas in the governmental funds the proceeds from the sale increases financial resources. The change in net assets differs from the change in fund balance by the net book value of the assets retired. (58,476) Some revenues reported in the statement of activities do not generate current financial resources and are therefore not reported as revenue by the funds. Donations of capital assets 380,505 Change in long-term receivables (10,142) 370,363 Some expenses reported in the statement of activities are not reported in the funds because they have no effect on current financial resources Change in net pension asset 75,382 Change in net OPEB obligation (500,265) Compensated absences 338,335 Change in accrued interest payable 32,837 (53,711) Debt issued provides current financial resources to governmental funds, but issuing debt increases long-term liabilities in the statement of net assets. Governmental funds report the effect of issue costs, premium, discount and similar items when debt is issued, whereas these amounts are deferred and amortized in the statement of activities. Debt Retirement and Issue Costs Principal paid 3,490,360 Amortization of bond issuance costs (50,670) Amortization of debt costs 39,920 3,479,610 Internal service funds are used by management to charge the costs of fleet maintenance and insurance to individual funds. The net revenue of internal service funds is reported with governmental activities. Fund statement net income 4,666 Less allocation to business type activities 36,584 41,250 Change in Net Assets of Governmental Activities $ (1,657,327) The notes to the financial statements are an integral part of this statement. For the Fiscal Year Ended September 30, 2011 CITY OF DELRAY BEACH, FLORIDA RECONCILIATION OF THE GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES 22 Total Governmental Business-Type Activities -Major Fund Non-Major Activities-Internal Water and Enterprise Enterprise Service ASSETS Sewer Fund Funds Funds Funds Current Assets: Cash and cash equivalents $ 133,911 $ 21,791 $ 155,702 $ 1,741,351 Investments ---1,500,000 Accounts receivable, net 2,156,429 971,666 3,128,095 28,851 Unbilled accounts receivable 1,052,928 -1,052,928 -Due from other funds 12,779,569 6,914,543 19,694,112 7,294,592 Inventories 231,683 93,757 325,440 49,727 Prepaid expenses -74,483 74,483 392,652 Restricted assets: Cash and cash equivalents 6,649,537 619,245 7,268,782 -Total Current Assets 23,004,057 8,695,485 31,699,542 11,007,173 Noncurrent Assets: Property, land and equipment: Land 974,754 4,694,070 5,668,824 -Buildings 9,307,872 4,354,983 13,662,855 88,185 Improvements other than buildings 142,603,609 15,675,652 158,279,261 -Equipment 11,288,750 2,871,007 14,159,757 18,912,084 Construction in progress 3,048,205 202,762 3,250,967 569,887 Accumulated depreciation (83,761,948) (10,178,707) (93,940,655) (11,879,827) Other assets: Bond issue costs, net 24,172 41,433 65,605 -Investment in regional plant joint venture 29,120,961 -29,120,961 -Total Noncurrent Assets 112,606,375 17,661,200 130,267,575 7,690,329 Total Assets 135,610,432 26,356,685 161,967,117 18,697,502 LIABILITIES Current Liabilities: Accounts payable and accrued expenses 273,271 451,921 725,192 962,258 Contracts payable and retainages 646,553 -646,553 -Unearned revenue 71,013 49,093 120,106 -Accrued interest on capital appreciation bonds 2,899,264 -2,899,264 Current maturities of installment agreements -33,372 33,372 -Current maturities of revenue bonds 82,930 -82,930 -Compensated absences payable 29,655 -29,655 1,270 Insurance claims payable ---1,471,930 Due to other funds -1,956,256 1,956,256 -Refundable deposits 949,273 129,115 1,078,388 -4,951,959 2,619,757 7,571,716 2,435,458 Current Liabilities Payable from Restricted Assets: Accrued interest on long-term debt 3,121,298 57,563 3,178,861 -Current maturities of revenue bonds 1,915,737 561,682 2,477,419 -5,037,035 619,245 5,656,280 -Total Current Liabilities 9,988,994 3,239,002 13,227,996 2,435,458 Noncurrent Liabilities: Net other postemployment benefits obligation 276,729 24,063 300,792 38,501 Long-term portion of compensated absences payable 871,807 51,648 923,455 120,031 Long term portion of insurance claims payable ---2,524,981 Accrued interest on capital appreciation bonds 7,789,966 -7,789,966 -Revenue bonds payable, net 20,259,775 3,336,982 23,596,757 -Installment agreements -31,410 31,410 -Total Noncurrent Liabilties 29,198,277 3,444,103 32,642,380 2,683,513 Total Liabilities 39,187,271 6,683,105 45,870,376 5,118,971 NET ASSETS Invested in capital assets, net of related debt 61,285,730 13,656,321 74,942,051 7,690,329 Restricted for: Debt service 1,915,737 561,682 2,477,419 -Renewal and replacement 1,612,502 -1,612,502 -Unrestricted 31,609,192 5,455,577 37,064,769 5,888,202 Total Net Assets $ 96,423,161 $ 19,673,580 116,096,741 $ 13,578,531 Adjustments to reflect the consolidation of internal service fund activities related to enterprise funds Cummulative prior year adjustments 1,268,830 Current year adjustment (36,584) Net Assets of Business-Type Activities, Statement of Net Assets $ 117,328,987 The notes to the financial statements are an integral part of this statement CITY OF DELRAY BEACH, FLORIDA STATEMENT OF NET ASSETS PROPRIETARY FUNDS September 30, 2011 23 Major Fund Total Governmental Water Business-Type Activities -and Non-Major Activities-Internal Sewer Enterprise Enterprise Service Fund Funds Funds Funds OPERATING REVENUES Charges for services $ 31,962,663 $ 10,547,458 $ 42,510,121 $ 14,894,236 Other operating revenue 511,829 236,075 747,904 2,435,523 Total Operating Revenues 32,474,492 10,783,533 43,258,025 17,329,759 OPERATING EXPENSES Personal services 7,612,548 860,369 8,472,917 1,193,703 Other operating expenses 11,600,605 7,874,337 19,474,942 14,556,632 Depreciation 3,448,186 799,802 4,247,988 1,794,622 Total Operating Expenses 22,661,339 9,534,508 32,195,847 17,544,957 Operating Income (Loss) 9,813,153 1,249,025 11,062,178 (215,198) NONOPERATING REVENUES (EXPENSES) Interest revenue 21,388 8,221 29,609 17,020 Rent revenue -157,944 157,944 -Share of regional plant joint venture net loss (1,997,357) -(1,997,357) -Insurance recoveries ---37,073 Interest expense (4,545,317) (221,957) (4,767,274) -Gain (loss) on disposal of equipment (321,714) (586) (322,300) 113,449 Total Nonoperating Revenues (Expenses) (6,843,000) (56,378) (6,899,378) 167,542 Income (Loss) Before Capital Contributions and Transfers 2,970,153 1,192,647 4,162,800 (47,656) Capital contributions 713,526 75,406 788,932 52,322 Transfers in 97,000 -97,000 -Transfers out (3,380,810) (428,010) (3,808,820) -Change In Net Assets 399,869 840,043 1,239,912 4,666 Net Assets -October 1, 2010 96,023,292 18,833,537 114,856,829 13,573,865 Net Assets -September 30, 2011 $ 96,423,161 $ 19,673,580 116,096,741 $ 13,578,531 Adjustments to reflect the consolidation of internal service fund activities related to enterprise funds Cumulative prior year adjustments 1,268,830 Current year adjustment (36,584) Net Assets of Business-Type Activities, Statement of Net Assets $ 117,328,987 Reconciliation of Change in Net Assets to the Statement of Activities Change In Net Assets as reported above $ 1,239,912 Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds Current year adjustment (36,584) Change In Net Assets as reported on the Statement of Activities for Business-type Activities $ 1,203,328 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS PROPRIETARY FUNDS For the Fiscal Year Ended September 30, 2011 24 Major Fund Total Governmental Water Business-Type Activities -and Non-Major Activities-Internal Sewer Enterprise Enterprise Service Fund Funds Funds Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users $ 29,997,726 $ 10,510,729 $ 40,508,455 $ 18,528,126 Receipts from others 511,829 157,944 669,773 37,073 Payments to suppliers (12,099,535) (8,229,175) (20,328,710) (15,510,930) Payments to employees (7,418,564) (847,494) (8,266,058) (1,169,801) Net cash provided by operating activities 10,991,456 1,592,004 12,583,460 1,884,468 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 97,000 -97,000 -Transfers to other funds (3,380,810) (428,010) (3,808,820) -Net cash used in noncapital financing activities (3,283,810) (428,010) (3,711,820) -CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets (3,024,164) (396,416) (3,420,580) (1,982,326) Proceeds from the sale of capital assets 873 8,936 9,809 134,416 Capital contributions 713,526 -713,526 -Bond proceeds 5,430,000 -5,430,000 -Payment to escrow agent for advance refunding (5,989,579) -(5,989,579) -Principal paid on capital debt (4,923,515) (577,594) (5,501,109) -Interest paid on capital debt (1,027,048) (195,958) (1,223,006) -Net cash used in capital and related financing activities (8,819,907) (1,161,032) (9,980,939) (1,847,910) CASH FLOWS FROM INVESTING ACTIVITY Interest received 21,388 8,221 29,609 17,023 Net cash provided by investing activity 21,388 8,221 29,609 17,023 Net change in cash and cash equivalents (1,090,873) 11,183 (1,079,690) 53,581 Cash and cash equivalents -October 1, 2010 7,874,321 629,853 8,504,174 1,687,770 Cash and cash equivalents -September 30, 2011 $ 6,783,448 $ 641,036 $ 7,424,484 $ 1,741,351 Reconciliation of cash and cash equivalents to balance sheet: Unrestricted cash and cash equivalents $ 133,911 $ 21,791 $ 155,702 $ 1,741,351 Restricted cash and cash equivalents 6,649,537 619,245 7,268,782 -Cash and cash equivalents -September 30, 2011 $ 6,783,448 $ 641,036 $ 7,424,484 $ 1,741,351 Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss) $ 9,813,153 1,249,025 $ 11,062,178 $ (215,198) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation expense 3,448,186 799,802 4,247,988 1,794,622 Provision for doubtful accounts 220,407 -220,407 -Miscellaneous revenue -157,944 157,944 37,073 Change in assets and liabilities: Accounts receivable 156,382 68,093 224,475 (737) Due from other funds (2,308,198) (6,914,543) (9,222,741) 1,199,104 Inventory (15,251) 9,050 (6,201) (798) Prepaid expenses 10,900 (6,240) 4,660 (371,101) Accounts payable and accrued expenses (494,579) (362,970) (857,549) (314,091) Unearned revenue 7,500 (6,030) 1,470 -Compensated absences payable 86,918 3,565 90,483 9,006 Net OPEB obligation 107,066 9,310 116,376 14,896 Insurance claims payable ---(268,308) Due to other funds -6,576,053 6,576,053 -Refundable deposits (41,028) 8,945 (32,083) -Total adjustments 1,178,303 342,979 1,521,282 2,099,666 Net cash provided by operating activities $ 10,991,456 $ 1,592,004 $ 12,583,460 $ 1,884,468 NON-CASH CAPITAL AND RELATED FINANCING ACTIVITIES Amortization of bond premiums $ -$ (9,834) $ (9,834) $ -Amortization of debt issue costs $ 12,079 $ 8,722 $ 20,801 $ -Amortization of deferred loss on refundings $ -$ 33,849 $ 33,849 $ -Capital contributions $ -$ 75,406 $ 75,406 $ 52,322 The notes to the financial statements are an integral part of this statement CITY OF DELRAY BEACH, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS For the Fiscal Year Ended September 30, 2011 25 Pension Trust Funds ASSETS Cash and cash equivalents $ 2,919,335 Investments: U.S. Government securities and mutual funds 2,966,260 U.S. Government agency securities 7,403,586 Municipal obligations 253,251 Domestic fixed income investment fund 5,480,664 Corporate bonds and mutual funds 17,184,563 Equity securities and mutual funds 57,510,972 Alternative investments 93,158,713 DROP particpant directed mutual funds 11,918,742 Due from broker for securities sold 5,558 Employee contributions receivable 119,026 Due from other governments 291,641 Prepaid expenses 300,039 Interest and dividends receivable 307,577 Total Assets 199,819,927 LIABILITIES Accounts payable 183,076 Due to broker for securities purchased 129,172 Total Liabilities 312,248 NET ASSETS Held in trust for pension benefits $ 199,507,679 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF FIDUCIARY NET ASSETS FIDUCIARY FUNDS September 30, 2011 26 Pension Trust Funds ADDITIONS Contributions Employer $ 10,312,438 State 1,614,377 Plan members 1,978,147 Total contributions 13,904,962 Investment earnings Net depreciation in fair value of investments (392,741) Interest and dividends 3,233,522 2,840,781 Less investment expenses -custodian fees 634,032 Net investment earnings 2,206,749 Other income 150,331 Total additions 16,262,042 DEDUCTIONS Benefits 12,681,575 Refunds of contributions 106,755 Other operating expenses 362,425 Total deductions 13,150,755 Change In Net Assets 3,111,287 Net Assets -October 1, 2010 196,396,392 Net Assets -September 30, 2011 $ 199,507,679 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS FIDUCIARY FUNDS For the Fiscal Year Ended September 30, 2011 27 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 28 1. Financial Reporting Entity In conformance with the pronouncements of the Governmental Accounting Standards Board (GASB), the financial reporting entity of the City of Delray Beach, Florida (the “City”), includes the primary government and all organizations for which the primary government is financially accountable. The City was established pursuant to Section 12677, Laws of Florida, 1927. Financial accountability was determined based on the City’s ability to impose its will on an organization or the potential of the organization to provide specific financial benefits to or impose specific financial burdens on the City. Discretely Presented Component Units As defined by U.S. generally accepted accounting principles, the financial reporting entity consists of (a) the primary government, (b) organizations for which the primary government is financially accountable, and (c) other organizations for which the primary government is not accountable, but for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity’s financial statements to be misleading or incomplete. Two dependent special districts of the City, created pursuant to Florida Statutes, have been included in the reporting entity as discretely presented component units. The districts are the Delray Beach Community Redevelopment Agency (CRA) and the Delray Beach Downtown Development Authority (DDA). Both of these entities are considered component units, as the City appoints the governing board of each, and has the ability to remove members of the board at will. The CRA is a dependent special district established by the City under authority granted by Florida Statute 163, Section III. The purpose of the CRA is to promote and guide the physical and economic redevelopment of approximately 1,900 acres in the center of the City. The CRA is a legally separate entity established by Ordinance number 46-85 of the Delray Beach City Commission on June 18, 1985. The CRA is governed by a seven member Board of Commissioners appointed by the Delray Beach City Commission. The DDA was created after the City petitioned the State of Florida. An Act allowing the DDA became law on March 22, 1971. The original boundary of the DDA was established by Section 3, Chapter 71-604 Laws of Florida 1971. The expanded boundary was established by Chapter 94-476 Laws of Florida effective May 13, 1994. The purpose of the DDA is to promote and guide the economic development and improvement of the downtown area of the City. The governing body of the DDA is appointed by the Delray Beach City Commission. In addition, the City approves the DDA’s budget. Except as otherwise indicated, the notes to the financial statements pertain only to the primary government of the City. The separate financial statements of the CRA and the DDA can be obtained directly from the respective entities. Joint Venture The South Central Regional Wastewater Treatment and Disposal Board (the “Board”) is reported as a joint venture accounted for using the equity method as discussed in Note 10. The Board is an independent special district created by the Cities of Delray Beach and Boynton Beach, whose City Commissions comprise the Board’s governing body. Control and oversight are exercised equally by both cities represented on the Board. The separate financial statements of the Board can be obtained directly from the finance department of the Board. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 29 2. Significant Accounting Policies The City maintains its accounting records in accordance with the principles and policies applicable to governmental units set forth by the GASB as well as U.S. generally accepted accounting principles (GAAP) as promulgated by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board (FASB). The City does not apply FASB statements and interpretations issued after November 30, 1989 to its business-type activities and enterprise funds. Following is a summary of the significant accounting policies of the City: Government-Wide and Fund Financial Statements The government-wide financial statements (the statement of net assets and the statement of activities) report information on all of the non-fiduciary activities of the City. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include (1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function and (2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. The City does not allocate indirect costs; however, an administrative service fee is charged by the General Fund to other operating funds that is eliminated like a reimbursement (reducing revenue and expense in the General Fund) to recover the direct costs of General Fund services provided (such as finance, legal, human resources, information systems, etc.). Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental and enterprise funds are reported as separate columns in the fund financial statements. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary and fiduciary fund financial statements. Revenues are recognized when earned and expenses are recognized when incurred, regardless of the timing of cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. The proprietary fund financial statements distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering services. The principal operating revenues are charges to customers for sales and services. Operating expenses include the cost of sales and services, administration, and depreciation. Other revenues and expenses are considered nonoperating revenues and expenses. Water and sewer and other proprietary fund revenues are recognized as earned when the services are provided. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. Ad valorem taxes and charges for services are susceptible to accrual when collected in the current year or within 60 days subsequent to year end, provided that amounts received pertain to billings through the fiscal year just ended. Intergovernmental revenue and utility service taxes are recorded in accordance with their legal or contractual requirements if collected in the current period or within 30 days after year end, except for grant revenue, which is recorded when the related expenditures/expenses are incurred and the eligibility requirements have been met. Interest is recorded when earned. Licenses and permits, fines and City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 30 2. Significant Accounting Policies (Continued) forfeitures and miscellaneous revenue are recorded as revenue when received in cash, because they are generally not measurable until actually received. Other Revenues -Emergency medical transport services provided by the City are billed and recorded at the time services are rendered. Other material revenues which are susceptible to accrual include franchise taxes, state revenue sharing and other state shared revenue. Revenues which are not both available and measurable and are thus not susceptible to accrual include utility taxes, permits and occupational licenses. Business taxes collected in advance of periods to which they relate are recorded as unearned revenue. Expenditures are recognized in the accounting period in which the fund liability is incurred, if measurable, except that principal and interest on long-term obligations are reported only when due in conformity with GAAP. The City reports the following major governmental fund: General Fund -The General Fund is the general operating fund of the City. All general tax revenue and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. The general operating expenditures, fixed charges and capital improvement costs that are not paid through other funds are paid from the General Fund. The City reports the following major proprietary fund: Water and Sewer Fund -This fund is used to account for water and sewer services provided by the City to residents and other users. Additionally, the City reports the following fund types: Internal Service Funds -These funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the City, or to other governmental units, on a cost reimbursement basis, including insurance services and the operation of the central garage. Pension Trust Funds -The Pension Trust funds account for the accumulation of resources to be used for the retirement annuities of employees, police officers and firefighters. Cash, Cash Equivalents and Investments Cash, cash equivalents and investments consist of restricted and unrestricted cash deposits, time deposits, institutional money market mutual fund shares and Florida PRIME (formerly known as the Local Government Investment Pool or LGIP). Investments are stated at fair value. For purposes of the statement of cash flows, the City considers all highly liquid investments (including restricted assets) with a maturity of three months or less when purchased to be cash equivalents. Accounts Receivable Accounts receivable represent amounts due for various City services and utilities, provided primarily to local businesses and residents. Accounts receivable are reported net of an allowance for doubtful accounts determined based on the age of the individual receivable and historical collection trends. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. An allowance for doubtful accounts has been provided for those accounts where collectability appears to be doubtful. The City does not require collateral from its customers, except for the Water and Sewer Fund, which requires deposits for services. The City maintains an allowance for doubtful accounts at a level which management believes is sufficient to cover potential credit losses. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 31 2. Significant Accounting Policies (Continued) Unbilled Service Receivables Within the enterprise funds, the Water and Sewer Fund recognizes revenue on the basis of monthly cycle billings to customers for services provided. As a result of this cycle billing method, there are unbilled receivables at the end of each fiscal year with respect to services provided, but not billed at such date. It is the policy of the City to accrue these amounts at year-end. The other enterprise funds do not have unbilled receivables at year-end. Inventories Inventories consist of materials, supplies and goods held for sale and are carried at cost on the average cost basis. General Fund inventories are accounted for using the consumption method whereby inventories are recorded as expenditures in the period when used. Prepaid Items/Expenses Payments for insurance premiums and other administrative expenditures/expenses extending over more than one accounting period are accounted for as prepaid items/expenses and allocated between accounting periods. Intra-Entity Transactions Intra-entity transactions consist of transactions and balances between the primary government and it’s discretely presented component units and are separately reported from interfund balances. Current maturities of long-term intra-entity transactions are reported separately as due to and due from the respective entities. Interfund Transactions Transactions among funds during the year are described as follows: Interfund services provided and used -Transactions which are revenues to the recipient fund and expenditures/expenses to the disbursing fund. These are transactions which would otherwise be recorded as revenues or expenditures/expenses if they were conducted with organizations external to the City. Reimbursements -These transactions are reimbursements of a fund for the disbursement of monies initially made from it, which are properly applicable to another fund. Such reimbursements are recorded as an expenditure or expense in the reimbursing fund and as reductions of the interfund receivable in the fund that is reimbursed. Transfers -Transfers which, because of budgetary or legal restrictions, must be expended by funds other than the fund initially receiving the revenue. These transfers are recorded as transfers in (out). Internal balances -Amounts reported in the fund financial statements as interfund receivables and payables are eliminated in the government-wide governmental and business-type activities columns of the statement of net assets, except for the residual amounts, which are presented as internal balances. Assets Held for Resale Assets held for resale represent residential properties purchased by the City pursuant to its Neighborhood Stabilization Program (NSP). The intent of the City is to rehabilitate and resell the properties to low income residents. The properties are reported at the lower of cost or estimated net realizable value. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 32 2. Significant Accounting Policies (Continued) Capital Assets Capital asset acquisitions are recorded as expenditures in the governmental fund financial statements. Such assets are capitalized at historical cost in the government-wide financial statements for both governmental activities and business-type activities. In the case of gifts or contributions, such assets are recorded at fair value at the date of receipt. Capital costs which materially extend the useful life of existing properties are capitalized. Capital assets are defined as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. Interest is capitalized on projects during the construction period based upon average accumulated project expenditures. Infrastructure assets (such as roads, bridges, curbs and gutters, streets and sidewalks, lighting and drainage systems and similar assets that are immovable and of value only to the City) are capitalized and reported in the Improvements Other Than Buildings category. Depreciation of capital assets is provided on the straight-line basis over the assets’ estimated useful lives. Amortization of assets recorded under capital leases is recorded with depreciation expense. Estimated useful lives assigned to various categories of assets are as follows: Buildings 20 – 40 years Improvements other than buildings 10 – 30 years Machinery and equipment 4 – 15 years Automotive equipment 4 – 8 years Office equipment 5 years Water meters 30 years Pumping equipment 15 – 20 years Wells and springs 10 years Sewer system 60 years Water distribution system 50 years Bond Issue Costs, Premiums, Discounts, and Deferred Amounts on Refunding In the government-wide financial statements and the enterprise funds, expenses incurred in connection with the issuance of long-term debt, as well as bond discounts, premiums and deferred amounts on refunding, are deferred and amortized over the term of the related financing using a method that approximates the effective interest method. For governmental funds, these costs are considered to be period costs. Unearned/Deferred Revenue Unearned revenue in the Governmental Activities and deferred revenue in the Governmental Funds includes amounts received in advance for business licenses, grants and long-term receivables for various housing assistance programs provided by the City. Unearned revenue in the Business-type Activities and Proprietary Funds is composed of advance utility payments from customers and other amounts received in advance of the related services being provided by the City. Compensated Absences The City accrues compensated absences in accordance with GASB Statement No. 16, Accounting for Compensated Absences, and has elected the termination payment method of accounting for sick leave. Compensated absences are accrued when incurred in the government-wide and proprietary fund financial statements. A liability for these amounts is reported in the governmental fund financial statements only if they have matured, for example, as a result of employee resignations and retirements. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 33 2. Significant Accounting Policies (Continued) The City’s policy regarding the accumulation of compensated absences is summarized as follows: Vacation Leave -Employees become eligible to use accrued vacation after one year of continuous service and may then use vacation as it is earned. The maximum vacation days allowed to be accumulated is 18, 24-hour days for fire department personnel and 36 days for all other full-time personnel. Vacation hours are earned at the following monthly rates: Years of Continuous Service Fire Department Other Personnel 0 – 3 years 12.00/month 8.00/month 3 – 7 years 14.00/month 9.33/month 7 – 11 years 16.00/month 10.66/month Thereafter 18.00/month 12.00/month Upon termination in good standing, employees are compensated for all accrued vacation leave at their pay rate on the date of termination. Sick Leave -Employees earn hours of sick leave per month based on their scheduled work hours; 8 hours per month for 40-hour work week employees and 9.6 hours per month for 48-hour work week employees. If an employee retires with 20 years or more of service, sick leave is paid up to a maximum of 1,120 hours for general employees and police or 1,344 hours for 48-hour work week firefighter employees. Upon retirement with less than 20 years of service or resignation, employees are compensated for unused sick leave at their pay rate on the date of termination, up to 560 hours (70 days) for general employees and police and 672 hours (84 days) for firefighters according to the following vesting schedule: Years of Service Percent Vested 0 – 5 years 0% 5 – 10 years 25 10 – 15 years 50 15 – 20 years 75 Fund Balance/Net Assets Fund Balance Change in Accounting -The GASB issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, which establishes accounting and financial reporting requirements for all governmental funds and establishes criteria for classifying fund balances. The City implemented Statement No. 54 for the fiscal year ended September 30, 2011. Nature and Purpose of Fund Equity Classifications -In the fund financial statements, governmental funds report fund equity classifications that comprise a hierarchy based primarily on the extent to which the City is legally bound to honor the specific purposes for which amounts in fund balance may be spent. The fund balance classifications are summarized as follows:  Nonspendable -Nonspendable fund balances include amounts that cannot be spent because they are either 1) not in spendable form; or, 2) legally or contractually required to be maintained intact. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 34 2. Significant Accounting Policies (Continued)  Restricted -Restricted fund balances include amounts that are restricted to specific purposes either by 1) constraints placed on the use of resources by creditors, grantors, contributors, or laws or regulations of other governments; or, 2) imposed by law through constitutional provisions or enabling legislation.  Committed -Committed fund balances include amounts that can only be used for specific purposes pursuant to constraints imposed by the City Commission through an ordinance or resolution. The City had no committed fund balances.  Assigned -Assigned fund balances include amounts that are constrained by the City’s intent to be used for specific purposes but are neither restricted nor committed. Assignments of fund balance are made by City management based upon direction by the City Commission.  Unassigned -Unassigned fund balances include amounts that are not assigned to other funds and have not been restricted, committed, or assigned to specific purposes within the General Fund. The City considers restricted fund balances to be spent when an expenditure is incurred for the restricted purpose. The City considers committed, assigned or unassigned fund balances to be spent when an expenditure is incurred for purposes for which amounts in any of those fund balance classifications could be used. Minimum Fund Balance Policy -Generally, the City strives to maintain 15% to 25% of expenditures in unassigned fund balance to provide for first quarter cash flow and other emergency purposes. Net Assets Net assets of the government-wide and proprietary funds are categorized as invested in capital assets, net of related debt, restricted or unrestricted. Invested in capital assets, net of related debt is that portion of net assets that relates to the City’s capital assets reduced by the portion of the assets that has been acquired through the use of long-term debt. This amount is offset by any unspent proceeds that are outstanding at fiscal year-end. Restricted net assets are that portion of net assets that has been restricted for general use by external parties (creditors, grantors, contributors, or laws or regulations of other governments) or imposed by law through constitutional provisions or enabling legislation. The entity-wide statement of net assets reports governmental activities net assets of $6,520,365 restricted for debt service, capital projects and other purposes and business-type activities net assets of $4,089,921 restricted for debt service and capital projects. Unrestricted net assets consist of net assets not included in invested in capital assets, net of related debt or restricted. Property Taxes Ad valorem property taxes are assessed on property valuations as of January 1 and levied the following October. Property taxes are due March 31 and become delinquent April 1. These taxes are collected by Palm Beach County and remitted to the City. Revenue is recognized at the time monies are received from Palm Beach County. At September 30, unpaid delinquent taxes are reflected as a receivable and are offset in full by an allowance for estimated uncollectible accounts. Delinquent property taxes must be advertised within 45 days after delinquency, and after May 1 the property is subject to levy, seizure and sale. Delinquent tax certificates are sold on June 1 and become a lien on the property. During 2007, the Florida Legislature passed property tax reform legislation limiting the property tax levies of local governments in the State of Florida. Local governments that adopt a property tax levy in excess of the limit under State law will lose their Half-Cent Sales Tax distribution from the State for the succeeding twelve months. For the fiscal year ended September 30, 2011, the maximum tax levy allowed by a majority vote of the governing body is City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 35 2. Significant Accounting Policies (Continued) generally based on a percentage reduction applied to the prior year (2009/2010) property tax revenue. The percentage reduction is calculated based on the compound annual growth rate in the per capita property taxes levied for five preceding fiscal years. The State law allows local governments to adopt a higher millage rate based on the following approval of the governing body: 1) a majority vote to adopt a rate equal to the adjusted current year rolled-back millage rate plus an adjustment for growth in per capita Florida personal income; 2) a two-thirds vote to adopt a rate equal to the adjusted current year roll back millage rate plus 10%; or, 3) any millage rate approved by unanimous vote or referendum. For the fiscal year ended September 30, 2011, the City adopted an operating millage rate of 7.1900 and a debt service millage of 0.6002. This millage rate resulted in a net tax levy of $46,416,830 for 2011, representing a reduction of approximately 12% from the property tax levy for 2010. Future property tax growth is limited to the annual growth rate of per capita personal income plus the value of new construction. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary control in the General Fund. Encumbrances outstanding at year-end of $151,013 are reported as fund balances assigned for special purposes in the General Fund. For budgetary purposes, current year encumbrances are treated as expenditures and any unencumbered balances lapse at year-end. On-behalf Payments The City receives on-behalf payments from the State of Florida to be used for Police and Firefighters pension benefits. Such payments are recorded as intergovernmental revenue and public safety expenditures in the GAAP basis government-wide and General Fund financial statements, but are not budgeted and therefore are not included in the General Fund budgetary basis financial statements. On-behalf payments to the City totaled $1,614,377 for the fiscal year ended September 30, 2011. Recent Accounting Pronouncements The GASB has issued Statement No. 61, The Financial Reporting Entity: Omnibus-an amendment of GASB Statements 14 and 34, which modifies certain requirements for including of component units in the financial reporting entity. The requirements of this statement will be effective for the City for the fiscal year ending September 30, 2013. GASB Statement No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and AICPA Pronouncements, which incorporates into GASB authoritative literature certain accounting and financial reporting guidance included in pronouncements of the Financial Accounting Standards Board (FASB) and American Institute of Certified Public Accountants (AICPA). The requirements of this statement will be effective for the City for the fiscal year ending September 30, 2013. GASB Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position, provides financial reporting guidance for deferred outflows and deferred inflows of resources, which relate to the consumption of net assets by the government that is applicable to a future reporting period, and an acquisition of net assets by the government that is applicable to a future reporting period, respectively. The requirements of this statement will be effective for the City for the fiscal year ending September 30, 2013. Management has not completed its analysis of the effects, if any, of these GASB statements on the financial statements of the City. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 36 2. Significant Accounting Policies (Continued) Estimates Management uses estimates and assumptions in preparing financial statements in accordance with GAAP. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported amounts of revenues and expenses/expenditures. Actual results could vary from the estimates that were used. 3. Cash, Cash Equivalents and Investments At September 30, 2011, cash and cash equivalents included deposits with financial institutions of $21,479,386, money market accounts of $26,067,017, petty cash of $20,850 and deposits with Florida PRIME of $1,786. At yearend, the City’s deposits with financial institutions were entirely covered by federal deposit insurance and by a collateral pool pledged to the State Treasurer of Florida by financial institutions that comply with the requirements of Florida Statutes and have been designated as qualified public depositories by the State Treasurer of Florida. Qualified public depositories are required to pledge collateral to the State Treasurer with a market value equal to a percentage of the average daily balance of all government deposits in excess of any federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would be satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if necessary, a pro rata assessment to the other qualified public depositories participating in the collateral pool. Cash, cash equivalents and investments include unrestricted and restricted assets for the primary government which are summarized as follows: Deposits with financial institutions and cash on hand $ 21,500,209 Money market mutual funds 26,067,017 Time deposits 16,500,000 Florida PRIME 1,786 Total cash, cash equivalents and investments -primary government $ 64,069,012 Cash and cash equivalents $ 40,300,230 Investments 16,500,000 Restricted cash and cash equivalents 7,268,782 Total primary government 64,069,012 Cash, cash equivalents and investments -pension trust funds 2,919,335 Total cash, cash equivalents and investments $ 66,988,347 Florida Statutes and City policy authorize the City and its pension trust funds to invest in Florida PRIME; negotiable direct obligations of or obligations unconditionally guaranteed by the U.S. Government; interest-bearing time deposits or savings accounts in financial institutions located in Florida and organized under federal or Florida laws; money market mutual funds limited to U.S. Government securities; obligations of the Federal Farm Credit Banks, Freddie Mac, the Federal Home Loan Bank or its district banks; obligations guaranteed by the Government National Mortgage Association; obligations of Fannie Mae; certain authorized pool investment programs and any additional investments specifically authorized by City Ordinance. Pension trust funds may also invest in tax sale certificates of the State of Florida or any of its political subdivisions, preferred and common stocks of certain domestic and international corporations, debt securities of certain domestic and international corporations, mutual funds (including exchange traded funds), and alternative investments that are not publicly traded. The deposits in the Florida PRIME fund consist of equity in an external 2a7-like investment pool administered by the State of Florida pursuant to statutory requirements. Regulation 2a7 of the U.S. Securities and Exchange Commission (SEC) allows registered mutual funds to use amortized cost rather than fair value to report net assets City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 37 3. Cash, Cash Equivalents and Investments (Continued) used to compute share prices if certain conditions are met. Those conditions include restrictions on the types of investments held, the term-to-maturity of individual investments, the dollar-weighted average of the portfolio, portfolio diversification, divestiture considerations in the event of security downgrades and defaults, and required actions if the fair value of the portfolio deviates from amortized cost by a specified amount. Cash balances from all funds are combined, and the requirements of all funds are considered in determining the amount to be invested. Earnings are allocated to each fund based on respective month-end balances. The City’s investments at September 30, 2011 consist of the following: Carrying Amount (Fair Value) Primary Government Fiduciary Funds Pension Trust Total Investments: Time deposits with financial institutions $ 16,500,000 $ -$ 16,500,000 U.S. Government securities and mutual funds -2,966,260 2,966,260 U.S. Government agency securities -7,403,586 7,403,586 Municipal obligations -253,251 253,251 Domestic fixed income investment fund -5,480,664 5,480,664 Corporate bonds and mutual funds -17,184,563 17,184,563 Equity securities and mutual funds -57,510,972 57,510,972 Alternative investments -93,158,713 93,158,713 DROP participant directed mutual funds -11,918,742 11,918,742 Total investments $ 16,500,000 $ 195,876,751 $ 212,376,751 At September 30, 2011, approximately 47% of City pension fund investments were invested in alternative investments. These alternative investments consist of pooled funds and funds of funds that are not publicly traded and invest in fixed income securities, equity securities, timberlands and real estate. These alternative investments are generally valued at fair value as determined by the management of the fund by reference to the value of the underlying fund’s assets, if available, or by valuations of a fund’s underlying assets as provided by the general partner or investment manager, since the assets are not publicly traded. The funds may also hold certain investments which may be valued by a single market maker. While the fund managers use their best judgment in estimating the fair values of underlying funds, there are inherent limitations in any estimation technique. Accordingly, the fair values of alternative investment funds have been estimated by the management of the pension funds and their investment advisors in the absence of readily ascertainable market values. Therefore, the values of such funds may not necessarily be indicative of the amount that could be realized in a current transaction. The fair values may differ significantly from the values that would have been used had a ready market for the underlying funds existed, and the differences could be material. The alternative investments may also have restrictions for liquidating positions in the funds and future funding commitments. Future confirming events will affect the estimates of fair value, and the effect of such events on the estimates of fair value could be material. The alternative investment funds expose the pension funds to additional investment risks, including liquidity risks; counterparty and custody risks; foreign political, economic and governmental risks; and, market risk. Interest Rate Risk: Interest rate risk is the risk that changes in interest rates will adversely affect the fair value of an investment in debt securities. Generally, the longer the time to maturity, the greater the exposure to interest rate risk. The City’s investment policy requires investment of operating funds primarily in shorter term securities and structuring of the investment portfolio so that securities mature to meet cash requirements. The policy further limits investments to securities maturing in five years or less, except in certain limited situations requiring approval by the City Commission. Cash and cash equivalents of the primary government include $26,067,107 invested in money market mutual funds and $1,786 invested in Florida PRIME. Both had weighted average maturities of less than 90 days, resulting in minimal interest rate risk. Time deposits include three certificates of deposit, each maturing one City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 38 3. Cash, Cash Equivalents and Investments (Continued) year from the date of purchase. The table below summarizes the average effective duration in years of the fixed income investments. Average Duration (in years) Fair Value Pension Trust Funds U.S. Government securities and mutual funds 5.1 $ 2,966,260 U.S. Government agency securities 4.2 7,403,586 Municipal obligations 4.1 253,251 Domestic fixed income investment fund 6.0 5,480,664 Corporate bonds and mutual funds 3.9 17,184,563 Credit Risk: Credit risk is the risk that a debt issuer will not fulfill its obligations. The City’s investment policy addresses credit risk by limiting investments to the safest types of securities, which are generally those receiving the highest credit ratings from a Nationally Recognized Statistical Rating Organization (NRSRO). The City utilizes ratings from Standard & Poor’s and Moody’s Investor Services for its investments. At September 30, 2011, the City’s money market mutual fund and Florida PRIME investments were rated AAAm. Pension investments in debt securities must be rated in one of the top three investment grades by a Nationally Recognized Statistical Rating Organization (NRSRO). The fixed income mutual fund and fixed income alternative investment funds of the pension funds are not rated. The NRSRO ratings for the fixed income investments of the pension funds at September 30, 2011 are summarized as follows. All other securities are not rated. NRSRO Rating Fair Value Pension Trust Funds Money market mutual funds Unrated $ 2,918,252 U.S. Government and agency securities and mutual funds AA 10,369,846 Municipal obligations A – AA 253,251 Corporate bonds and mutual funds A – AAA 17,184,563 Custodial Credit Risk: Custodial credit risk is defined as the risk that the City may not recover cash and investments held by another party in the event of financial failure. The City’s investment policy requires cash and investments to be fully insured or collateralized, or held in independent custodial safekeeping accounts in the name of the City. At September 30, 2011 all investments were held in independent custodial safekeeping accounts, except money market mutual funds, mutual funds and alternative investments, which are unclassified pursuant to GASB Statement No. 3. Concentration of Credit Risk: Concentration of credit risk is defined as the risk of loss attributed to the magnitude of an investment in a single issuer. The City’s investment policy requires diversification of investments to minimize potential losses on individual securities. In the City pension funds, securities of a single issuer are limited to no more than 5% of the plan’s net assets invested in common stocks and debt securities. Investments in mutual funds or pools are excluded from the concentration of credit risk disclosure requirement. Market Risk: The value, liquidity, and related income of certain securities with contractual cash flows, such as asset backed securities, collateralized mortgage obligations, commercial mortgage backed securities and alternative investments or mutual funds investing in these securities or entities, are particularly sensitive to changes in financial markets and economic conditions, including real estate values, delinquencies or defaults, or both, and may be adversely affected by shifts in the market’s perception of the issuers and changes in interest rates. Foreign Currency Risk: Foreign currency risk includes the risk of revaluation of currencies, high rates of inflation, repatriation restrictions on income and capital, and future adverse political, social, and economic developments. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 39 3. Cash, Cash Equivalents and Investments (Continued) Moreover, securities of foreign governments may be less liquid, subject to delayed settlements, taxation on realized and unrealized gains, and their price may be more volatile than those of comparable securities in U.S. Companies. Due to the various risks associated with certain investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying financial statements. Discretely Presented Component Units Cash: The CRA’s cash at September 30, 2011, includes deposits with financial institutions with a bank balance of approximately $8,607,165, a book balance of $8,305,855, and $250 of petty cash. The CRA’s deposits with financial institutions were entirely covered by federal depository insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions that comply with the requirements of Florida Statutes and have been designated as a qualified public depository by the State Treasurer. The DDA’s cash balance at September 30, 2011, includes deposits with financial institutions that were fully covered by federal depository insurance. 4. Receivables Current receivables and the allowance for doubtful accounts at September 30, 2011 were as follows: Governmental Activities Business-Type Activities Property Taxes Receivable: General Fund $ 1,462,979 $ -Stormwater Utility Fund -23,812 Accounts Receivable: General Fund 2,382,733 -Water and Sewer Fund -3,119,085 Non-Major Funds 43,222 971,666 Internal Service Funds 28,851 -Allowance for doubtful accounts (2,199,916) (986,468) $ 1,717,869 $ 3,128,095 5. Due from Other Governments The total amount due from other governments of $2,215,823 at September 30, 2011 represents the amount due from federal and state sources for intergovernmental revenues and grant reimbursements within various funds. 6. Notes Receivable Notes receivable at September 30, 2011 consist of the following: General Fund: Note receivable from a developer for the construction of an urban development project. Principal and interest payments are due in equal annual installments of $149,244 based on a 50-year amortization schedule. A balloon payment for the remaining principal and interest, including the deferred interest, is due in 2022 (see below). $ 3,206,828 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 40 6. Notes Receivable (Continued) General Fund: Non-interest-bearing note receivable from EPOCH to assist in funding of a museum project. Payments of $3,500 are due on December 31 of each year, to be paid in full by December 31, 2017. $ 21,000 Non-interest-bearing note receivable from CRC for the sale of land, payable in annual installments of $30,000 through 2015. 120,000 Total General Fund 3,347,828 Non-Major Governmental Funds: Non-interest-bearing notes receivable from property owners for rehabilitation, enhancement and preservation of real estate. Principal payments are amortized over 5-20 years. Repayment of loans is contingent upon the sale of real estate prior to the required time frame or release date. 1,726,988 Total Governmental Activities $ 5,074,816 The City’s application for a grant of approximately $4 million through the Urban Development Action Grant Program (UDAG) was approved for the purpose of constructing a low-income housing project within the City. In connection with this grant, the City approved three agreements and several amendments to the agreements with the developer. As part of the first agreement, the City sold 36 acres of property to the developer for $730,000 and held a non-interest bearing, five year promissory note for $720,000. The second and third agreements provided a $4,608,000 loan to the developer, consisting of $3,840,000 UDAG monies at 3% interest amortized over a 50 year period and City funds of $768,000 at 0% interest amortized over a 25 year period. Both the $768,000 and $720,000 notes were paid in full in fiscal years 2006 and 2010, respectively. The City’s lien on an 11 acre parcel was released in connection with the payoff of the $720,000 note in 2010. The remaining balance owed to the City on the $3,840,000 loan amount at September 30, 2011 was $3,206,828. At September 30, 2011, interest of $1,003,373 has been accrued and deferred on the City’s books in compliance with the repayment provisions of the UDAG loan. 7. Due from Component Units The amounts due from component units at September 30, 2011 include the following amounts due from the Delray Beach Community Redevelopment Agency: General Fund: Reimbursement for Plan Reviewer II Reimbursement for Project Management Reimbursement for Clean and Safe Program Reimbursement for Parking Management Rent for Parking Garage Reimbursement Hilltopper Stadium $ 18,828 22,937 279,179 27,500 100,000 32,778 Neighborhood Services Fund: Reimbursement for Curb Appeal Program 9,188 Capital Improvement Fund: Reimbursement for Atlantic Avenue Gateway Reimbursement for Other Projects 58,530 74,685 Total Due from Component Units $ 623,625 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 41 8. Restricted Assets Restricted assets in the Enterprise Funds result from revenue bond requirements to fund the current portions of principal and interest and a renewal and replacement reserve. The required cash balances and reserve requirements at September 30, 2011 have been met for outstanding bond issues. Restricted assets are not reported on the balance sheets of the governmental funds; however, cash and cash equivalents and other assets of the debt service fund (a non-major fund) are restricted for debt service in accordance with revenue bond requirements. The City’s policy is to first apply restricted resources when expenses are incurred for purposes for which both restricted and unrestricted net assets are available. Net assets are restricted to the extent that restricted assets exceed liabilities payable from restricted assets at September 30, 2011. Restricted assets, liabilities payable from restricted assets and restricted net assets of the Enterprise Funds at September 30, 2011 are summarized as follows: Restricted for Restricted Assets Debt Service Renewal and Replacement Total Water and Sewer Fund: Cash and cash equivalents $ 5,037,035 $ 1,612,502 $ 6,649,537 Non-Major Enterprise Funds: Cash and cash equivalents 619,245 -619,245 Total Restricted Assets $ 5,656,280 $ 1,612,502 $ 7,268,782 Liabilities Payable from Restricted Assets Water and Sewer Fund 3,121,298 -3,121,298 Non-Major Enterprise Funds 57,563 -57,563 Total Liabilities Payable from Restricted Assets 3,178,861 -3,178,861 Restricted Net Assets $ 2,477,419 $ 1,612,502 $ 4,089,921 9. Capital Assets The major components of capital assets for the City at September 30, 2011 are summarized as follows: Governmental Activities: Beginning Balance Increases Decreases Ending Balance Non-depreciable Assets: Land $ 38,158,510 $ 353,081 $ -$ 38,511,591 Construction in Progress 1,367,494 3,583,787 (271,935) 4,679,346 Total Non-depreciable Assets 39,526,004 3,936,868 (271,935) 43,190,937 Depreciable Assets: Buildings 37,787,007 268,588 -38,055,595 Improvements Other Than Buildings 116,098,163 951,880 (119,130) 116,930,913 Equipment 37,670,574 2,256,459 (1,524,335) 38,402,698 Total Depreciable Assets 191,555,744 3,476,927 (1,643,465) 193,389,206 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 42 9. Capital Assets (Continued) Governmental Activities: Beginning Balance Increases Decreases Ending Balance Less Accumulated Depreciation for: Buildings $ (13,838,645) $ (1,224,384) $ -$ (15,063,029) Improvements Other Than Buildings (50,734,112) (4,460,356) 122,880 (55,071,588) Equipment (24,841,217) (3,377,832) 1,472,520 (26,746,529) Total Accumulated Depreciation (89,413,974) (9,062,572) 1,595,400 (96,881,146) Total Depreciable Assets, net 102,141,770 (5,585,645) (48,065) 96,508,060 Governmental Activities Capital Assets, net $ 141,667,774 $ (1,648,777) $ (320,000) $ 139,698,997 Business-Type Activities: Non-depreciable Assets: Land $ 5,663,615 $ 5,209 $ -$ 5,668,824 Construction in Progress 367,382 2,932,955 (49,370) 3,250,967 Total Non-depreciable Assets 6,030,997 2,938,164 (49,370) 8,919,791 Depreciable Assets: Buildings 13,614,491 63,485 (15,121) 13,662,855 Improvements Other Than Buildings 158,032,579 568,168 (321,486) 158,279,261 Equipment 14,128,411 535,936 (504,590) 14,159,757 Total Depreciable Assets 185,775,481 1,167,589 (841,197) 186,101,873 Less Accumulated Depreciation for: Buildings (7,527,262) (412,678) 15,210 (7,924,820) Improvements Other Than Buildings (71,733,130) (3,121,146) 7,841 (74,846,435) Equipment (10,941,361) (714,164) 486,125 (11,169,400) Total Accumulated Depreciation (90,201,753) (4,247,988) 509,086 (93,940,655) Total Depreciable Assets, net 95,573,728 (3,080,399) (332,111) 92,161,218 Business-Type Activities Capital Assets, net $ 101,604,725 $ (142,235) $ (381,481) $ 101,081,009 Depreciation expense for the fiscal year ended September 30, 2011 was charged to functions/programs of the primary government as follows: Governmental Activities: General Government $ 803,180 Public Safety Physical Environment Parks and Recreation Internal Service Funds 1,177,770 2,684,585 2,602,415 1,794,622 Total depreciation expense -Governmental Activities $ 9,062,572 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 43 9. Capital Assets (Continued) Business-Type Activities: Water and Sewer $ 3,448,186 Municipal Golf Course 256,920 Lakeview Golf Course 41,014 City Marina 72,967 Sanitation 1,569 Stormwater Utility 427,332 Total depreciation expense -Business-Type Activities $ 4,247,988 Discretely Presented Component Unit – Delray Beach Community Redevelopment Agency Changes in capital assets of the Delray Beach Community Redevelopment Agency for the fiscal year ended September 30, 2011 are summarized as follows: Beginning Balance Increases Decreases Ending Balance Non-depreciable Assets: Land and Land Improvements $ 25,723,472 $ 1,137,505 $ (1,186,510) $ 25,674,467 Construction in progress 884,823 -(884,823) -Total Non-depreciable Assets 26,608,295 1,137,505 (2,071,333) 25,674,467 Depreciable Assets: Buildings 2,817,240 991,326 -3,808,566 Equipment, Furniture, and Fixtures 114,362 --114,362 Total Depreciable Assets 2,931,602 991,326 -3,922,928 Less Accumulated Depreciation for: Buildings (414,005) (118,771) -(532,776) Equipment, Furniture, and Fixtures (100,789) (3,878) -(104,667) Total Accumulated Depreciation (514,794) (122,649) -(637,443) Total Depreciable Assets, net 2,416,808 868,677 -3,285,485 Capital Assets, net $ 29,025,103 $ 2,006,182 $ (2,071,333) $ 28,959,952 10. Investment in Regional Plant Joint Venture In 1974, the City of Delray Beach joined with the City of Boynton Beach (Boynton Beach) to form a separate legal entity, the South Central Regional Wastewater Treatment and Disposal Board, (the “Board”). The Board, which is governed by a body composed of the commission members from each city, oversees the operation of the regional wastewater treatment and disposal plant which services both cities and surrounding areas. The interlocal agreement between the City and Boynton Beach specifies that the Board has the authority to accept and disburse funds, transact business and enter into contracts for budgeted items. In addition, the Board has the authority, subject to approval by a majority vote of each city commission before becoming effective, to adopt an annual budget, establish rates and charges for operations, maintenance, expansions and construction, enter into contracts for non-budgeted items and authorize the return of any surplus funds or levy additional charges for deficits of the Board to the respective cities. Ownership of the regional wastewater treatment and disposal plant is vested proportionately with the cities in accordance with the capital investments of each city, which to date are approximately 50% each. The Board charges each city for its share of the Board’s operating expenses based on the percentage of flow of wastewater from each city. At September 30, 2011, accounts receivable of the Water and Sewer Fund and business-type activities included $101,138 due from the Board and accounts payable of the Water and Sewer Fund and business-type activities City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 44 10. Investment in Regional Plant Joint Venture (Continued) included $308,912 due to the Board. For the year ended September 30, 2011, the City paid $2,909,635 to the Board for operating expenses, repair and replacement and capital charges. Each individual city is responsible for setting the rates and collecting charges for wastewater disposal from customers within its jurisdiction. The Board issues separate financial statements audited by other accountants who issued an unqualified opinion on those financial statements for the year ended September 30, 2011. Those financial statements may be obtained from the Board at 1801 N. Congress Avenue, Delray Beach, FL 33445. Financial information summarized from the audited financial statements of the Board as of and for the year ended September 30, 2011 is as follows: Net Assets Current and other assets $ 4,532,451 Capital assets, net 55,480,555 Total assets 60,013,006 Current liabilities 821,667 Noncurrent liabilities 949,416 Total liabilities 1,771,083 Net assets $ 58,241,923 Change in Net Assets Charges for services $ 7,789,877 Total program revenues 7,789,877 Program expenses 11,401,602 Net program expenses (3,602,725) Investment income 36,747 Loss on disposal of capital assets (187,931) Transfers to joint venture participants (240,804) Change in net assets $ (3,994,713) The City accounts for its investment in the Board as a joint venture recorded on the equity method of accounting. At September 30, 2011, the City’s 50% equity interest in the net assets of the Board totaled $29,120,961 and has been reported as “Investment in regional plant joint venture” in the City’s financial statements. The Board enters into contracts for capital projects as an agent for the cities. All costs associated with such contracts are reimbursed by the cities. At September 30, 2011, commitments totaling $928,200 were remaining on such contracts. 11. Interfund Transactions and Balances The outstanding balances among funds result mainly from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. These balances also include the amount of working capital loans made to various funds that the General Fund expects to collect in the subsequent year. Transfers are used to (1) move revenues from the fund with collection authorization to the debt service fund as debt service principal and interest payments become due, (2) move restricted amounts from borrowings to the debt service fund to establish mandatory reserve accounts, (3) move unrestricted General Fund revenues to finance various programs that the City must account for in another fund in accordance with budgetary authorizations, including amounts for capital projects and amounts provided as contributions or matching funds for beautification, community development and other grant programs. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 45 11. Interfund Transactions and Balances (Continued) Total interfund receivables/payables and transfers as of and for the year ended September 30, 2011 were as follows: Due From Other Funds Due To Other Funds Transfers In Transfers Out Major Governmental Fund General Fund $ -$ 35,204,769 $ 3,720,390 $ 4,243,894 Other Governmental Funds Special Revenue Funds: Law Enforcement Trust 298,655 ---Developers Land Contribution 313,264 --3,000 ARRA Economic Stimulus -329,588 -Neighborhood Services 149 -149,430 -SHIP 36,822 ---Beautification 313,973 -884,756 -Special Projects 2,603,745 -13,808 12,000 Cemetery Perpetual Care 833,283 ---Debt Service Fund: Utilities Tax 451,050 -1,199,740 1,760 Capital Projects Funds: Capital Improvement 4,858,400 -2,000,000 10,650 2004 GO Bond 670,191 ---Beach Restoration 122,377 -15,000 -Total Governmental Funds 10,501,909 35,534,357 7,983,124 4,271,304 Major Proprietary Fund Water and Sewer Fund 12,779,569 -97,000 3,380,810 Other Proprietary Funds Municipal Golf Course -1,104,828 -33,000 Lakeview Golf Course -851,428 -15,000 City Marina 976,523 --50,620 Sanitation 2,313,175 --182,270 Stormwater Utility 3,624,845 --147,120 Internal Service Funds: Insurance 5,140,907 --Central Garage 2,153,685 ---Total Proprietary Funds 26,988,704 1,956,256 97,000 3,808,820 Total Primary Government $ 37,490,613 $ 37,490,613 $ 8,080,124 $ 8,080,124 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 46 12. Noncurrent Liabilities The changes in noncurrent liabilities of the City for the fiscal year ended September 30, 2011 were as follows: Beginning Balance Additions Reductions Ending Balance Due Within One Year Governmental Activities: Revenue bonds $ 36,499,201 $ -$ (940,985) $ 35,558,216 $ 985,388 General obligation bonds Unamortized bond premium 27,090,000 992,462 --(2,485,000) (136,142) 24,605,000 856,320 2,600,000-Unamortized loss on bond refinancing (324,756) -96,222 (228,534) -Total bonds payable, net 64,256,907 -(3,465,905) 60,791,002 3,585,388 Installment agreements 192,835 -(64,375) 128,460 66,175 Compensated absences 7,454,823 315,434 (644,763) 7,125,494 665,468 Insurance claims payable 4,265,219 7,889,430 (8,1157,738) 3,996,911 1,471,930 Total Governmental Activities $ 76,169,784 $ 8,204,864 $ (12,332,781) $ 72,041,867 $ 5,788,961 Business-Type Activities: Revenue bonds $ 32,179,828 $ 5,430,000 $ (11,338,650) $ 26,271,178 $ 2,560,349 Unamortized bond premium 56,541 -(9,834) 46,707 -Unamortized loss on bond refinancing (194,628) -33,849 (160,779) -Total bonds payable, net 32,041,741 5,430,000 (11,314,635) 26,157,106 2,560,349 Accrued interest on capital appreciation bonds 9,940,252 3,813,606 (3,064,628) 10,689,230 2,899,264 Installment agreements 97,245 -(32,463) 64,782 33,372 Compensated absences 862,627 93,848 (3,365) 953,110 29,655 Total Business-Type Activities $ 42,941,865 $ 9,337,454 $ (14,415,091) $ 37,864,228 $ 5,522,640 Debt service on revenue bonds and installment agreements is payable from available non-ad valorem revenues. Debt service on utility tax obligations is payable from utilities tax revenues. General obligation bonds are payable from ad valorem taxes. Compensated absences are generally liquidated by the General Fund. Noncurrent liabilities, including current maturities, at September 30, 2011 consisted of the following: Revenue Bonds: Governmental Activities Business-Type Activities 5.80% to 5.85%, $28,104,475 Water and Sewer Revenue Bonds issued on June 1, 1993 (Series 1993). Capital appreciation bonds are due in the amount of $4,475,000 on October 1, 2011 through 2014. $ -$ 5,769,394 5.245%, $10,000,000 Revenue Bonds issued February 25, 2000 (Series 2000) due in principal amounts of $495,000 to $600,000 through June 1, 2019, with semi-annual interest payments due each June 1 and December 1 through June 1, 2019. The bonds were issued to finance all or a portion of the costs of certain roadway improvements including water, sewer and drainage work, and a portion of the costs of a tri-party radio system. 3,200,983 1,159,017 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 47 12. Noncurrent Liabilities (Continued) Revenue Bonds: Governmental Activities Business-Type Activities 3.6% to 4.2%, $15,020,000 Utility Tax Revenue Bonds issued December 19, 2002 (Series 2002) due in principal amounts of $420,000 to $510,000 through June 1, 2016, with semi-annual interest payments due each June 1 and December 1 through June 1, 2016. The bonds were issued to current refund the Utilities Tax Revenue Bonds, Series 1992, advance refund the Utilities Tax Revenue Bonds, Series 1994, advance refund the Utilities Tax Revenue Bonds, Series 1995, current refund the Utilities Tax Revenue Bonds, Subordinate Series 1996 and current refund the Utilities Tax Revenue Bonds, Subordinate Series 1998. $ -$ 2,315,000 3.66%, $9,685,000 Revenue Refunding and Improvement Bonds issued December 2, 2003 (Series 2003) due in principal amounts of $630,000 to $920,000 through June 1, 2019, with semi-annual interest payments due each June 1 and December 1 through June 1, 2019. The bonds were issued to current refund Series 1999 and Series 2002 Tax Exempt Bonds, in whole, and Series 2002 Taxable Bonds in part. 5,775,000 350,000 3.98%, $2,350,000 Water and Sewer Revenue Bonds issued November 17, 2006 (Series 2006B), with principal amounts of $130,000 to $205,000 due through October 1, 2021, with semi-annual interest payments due each October 1 and April 1 through October 1, 2021. The bonds were issued to finance the City’s share of the Reclaimed Water Treatment Project at the South Central Regional Wastewater Treatment Facility. -1,850,000 4.41%, $9,000,000 Water and Sewer Revenue Bonds issued September 18, 2007 (Series 2007), with principal amounts of $210,000 to $1,220,000 due through October 1, 2021, with semi-annual interest payments due each October 1 and April 1 through October 1, 2021. The bonds were issued to finance the City’s share of the Reclaimed Water and Deep Well Project at the South Central Regional Wastewater Treatment Facility. -8,400,000 4% -5%, $24,635,000 Utility Tax Revenue Bonds issued September 26, 2007 (Series 2007) due in principal amounts of $20,000 to $2,465,000 through June 1, 2032 with semi-annual interest payments due each June 1 and December 1 through June 1, 2032. The bonds were issued to finance various parks and recreation projects, Fire Station #4, Environmental Services Building (in part), and to refund the City’s 2005 Line of Credit (which was used to fund the Old School Square Parking Garage Project). 23,582,233 997,767 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 48 12. Noncurrent Liabilities (Continued) Revenue Bonds: Governmental Activities Business-Type Activities 4% -5%, $24,635,000 Utility Tax Revenue Bonds issued September 26, 2007 (Series 2007) due in principal amounts of $20,000 to $2,465,000 through June 1, 2032 with semi-annual interest payments due each June 1 and December 1 through June 1, 2032. The bonds were issued to finance various parks and recreation projects, Fire Station #4, Environmental Services Building (in part), and to refund the City’s 2005 Line of Credit (which was used to fund the Old School Square Parking Garage Project). $ 23,582,233 $ 997,767 Variable, $3,000,000 Revenue Bonds issued September 26, 2008 (Series 2008) with semi-annual interest payments due each June 1 and December 1 through June 1, 2013. The variable rate (.88125% at September 30, 2011) is reset monthly and is based on the 30 day LIBOR plus sixty-two and one half basis points (.625). The bonds were issued to provide interim financing, in part, for the Old School Square Parking Garage Project. 2.21%, $5,430,000 Water and Sewer Refunding Revenue Bonds issued September 29, 2011 (Series 2011A), with principal amounts of $500,000 to $600,000 due through October 1, 2021, with semi-annual interest payments due each October 1 and April 1 through October 1, 2021. The bonds were issued to currently refund the Series 2006A Water and Sewer Revenue Bonds. 3,000,000 --5,430,000 Total Revenue Bonds Unamortized bond premium Unamortized loss on bond refunding Total Revenue Bonds, Net 35,558,216 686,451 (131,418) 36,113,249 26,271,178 46,707 (160,779) 26,157,106 General Obligation Bonds: 5.00%, $15,685,000 General Obligation Bonds issued December 19, 2002 (Series 2002), due in annual principal installments of $1,960,000 to $2,055,000 through February 1, 2013, with semi-annual interest payments due each February 1 and August 1 through February 1, 2013. The bonds were issued to partially refund, on a current basis, General Obligation Bonds, Series 1993A and Series 1993B. 4,015,000 -3.75%-4.30%, $14,000,000 General Obligation Bonds issued September 30, 2004 (Series 2004), due in annual principal installments of $640,000 to $1,025,000 through February 1, 2024, with semi-annual interest payments due each February 1 and August 1 through February 1, 2024. The bonds were issued for the acquisition of land, equipping of new parks and recreation centers, constructing a parking garage and purchasing library fixtures. 10,590,000 - City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 49 12. Noncurrent Liabilities (Continued) General Obligation Bonds: Governmental Activities Business-Type Activities 4.15%, $10,000,000 General Obligation Bonds issued August 26, 2005 (Series 2005), due in annual principal installments of $720,000 to $1,135,000 starting February 1, 2014 through February 1, 2024, with semi-annual interest payments due February 1 and August 1 through February 1, 2024. The bonds were issued for the acquisition of land, equipping of new parks, recreation centers, parking garage and library. $ 10,000,000 $ -Total General Obligation Bonds 24,605,000 -Unamortized bond premium 169,869 -Unamortized loss on bond refunding (97,116) -Total General Obligation Bonds, Net 24,677,753 -Other Noncurrent Liabilities: Long-term installment agreements for equipment: 2.76% installment purchase agreements maturing in 2013 128,460 64,782 Compensated absences payable 7,125,494 953,110 Insurance claims payable (see Note 15) 3,996,911 -Accrued interest on capital appreciation bonds -10,689,230 Total Noncurrent Liabilities, including current portion $ 72,041,867 $ 37,864,228 Governmental Activities The provisions of the various bond resolutions differ in some respects, but generally provide for: 1. Establishment and maintenance of certain cash reserves for the revenue bonds. The maximum deposit requirement is usually set at the highest future annual principal and interest payment. In lieu of establishing the reserve, the City has purchased surety bonds for this amount. 2. Annual debt service funding by monthly transfers to a cash reserve account for the revenue bonds. 3. Early redemption of outstanding bonds at call rates varying between 101% and 103% of the instrument’s face value, depending on the bonds and call date. 4. Investing of cash reserves in time deposits or direct obligations of the U.S. Government. Long-term installment agreements consist of several agreements with vendors for the purchase of equipment used in governmental activities. At September 30, 2011, the gross amount of the equipment held under these agreements was $260,600 and the accumulated amortization totaled $135,417. Amortization expense related to equipment purchased under long-term installment agreements is included in depreciation in the accompanying financial statements. Most agreements call for termination of the agreement and forfeiture of the equipment in the event the payments are not budgeted or made. Future payments through final maturity under governmental activities longterm installment agreements as of September 30, 2011 are as follows: Fiscal year ending September 30: 2012 2013 $ 68,888 63,148 Total minimum payments 132,036 Less amount representing interest (3,576) Outstanding balance at September 30, 2011 $ 128,460 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 50 12. Noncurrent Liabilities (Continued) Pledged Governmental Revenues: The City has pledged the future utilities service tax revenues of the City to repay the outstanding Utility Tax Revenue Bonds Series 2002 and 2007 issued to finance various capital improvements. The utility tax bonds are payable solely from the utilities service tax revenues received by the City and are payable through 2032. Annual principal and interest payments on the bonds are expected to require less than 30 percent of utilities service tax revenues. Total principal and interest remaining to be paid on the utility tax revenue bonds is $46,279,376 at September 30, 2011. Principal and interest paid and utility tax revenues received for the current year were $1,829,243 and $8,777,975, respectively. The City has also pledged the future non ad-valorem revenues of the City to repay the outstanding Series 2000 and 2008 Revenue Bonds and the Series 2003 Revenue Refunding and Improvement Bonds issued to finance various capital improvements. The revenue bonds are payable solely from the non ad-valorem revenues received by the City and are payable through 2019. Annual principal and interest payments on the bonds are expected to require less than 5 percent of non ad-valorem revenues. Total principal and interest remaining to be paid on the revenue bonds is $15,928,301 at September 30, 2011. Principal and interest paid and non-ad valorem revenues received for the current year were $1,597,589 and $47,532,509, respectively. Legal Debt Margin: The City has not established a legal debt margin limit but has established policy guidelines for the management of debt. The City strives to maintain gross, bonded general obligation principal debt at a level not to exceed 2% of the assessed value of taxable property within the City. The City also strives to ensure that its net bonded debt per capita does not exceed $700 and that the combined total of its direct net bonded debt and its share of overlapping debt issued by Palm Beach County does not exceed $2,000 per capita. Debt Maturities: The annual requirements to pay principal and interest to maturity on the governmental activities bonds outstanding as of September 30, 2011 are as follows: Fiscal Year Ending September 30 Revenue Bonds General Obligation Bonds Principal Interest Principal Interest Total 2012 $ 976,603 $ 1,711,511 $ 2,600,000 $ 973,840 $ 6,261,954 2013 4,018,528 1,669,693 2,720,000 849,827 9,258,048 2014 1,103,710 1,470,450 1,410,000 758,937 4,743,097 2015 1,148,263 1,423,678 1,465,000 702,092 4,739,033 2016 1,214,728 1,374,878 1,530,000 641,935 4,761,541 2017-2021 6,454,735 6,091,143 8,690,000 2,213,857 23,449,734 2022-2026 8,030,240 4,399,200 6,190,000 398,762 19,018,202 2027-2031 10,246,471 2,179,200 --12,425,671 2032 2,364,939 118,320 --2,483,259 Total $ 35,558,216 $ 20,438,072 $ 24,605,000 $ 6,539,250 $ 87,140,538 Interest Expense: Total interest costs incurred on governmental activities debt for the year ended September 30, 2011 were $2,701,776, all of which was expensed. Business-Type Activities The provisions of the bond resolutions for the debt of the Water and Sewer Fund, Municipal Golf Course Fund, Lakeview Golf Course Fund and the Stormwater Utility Fund differ in some respects, but generally provide for: 1. Annual debt service funding by monthly transfers of cash to a reserve account. 2. Maintenance of a renewal and replacement cash reserve set at 5% of the previous year’s gross revenue. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 51 12. Noncurrent Liabilities (Continued) 3. Establishment of certain cash reserves for the Water and Sewer and Utility Tax Revenue Bonds. The maximum deposit required is usually set at the highest future annual principal and interest payment. The City purchased sureties equal to the requirements. 4. Early redemption of outstanding bonds at call rates ranging from 101% to 102% of the instrument’s face value depending on the bonds and call date. Primarily bonds are subject to a penalty for early redemption. 5. Investing of cash reserves in time deposits, direct obligations of the U.S. Government and other authorized investments with varying maturity restrictions. 6. The use of cash is generally restricted to the following priority: operation and maintenance, debt service, reserves, renewal and replacement, and any other lawful purpose. Long-term installment agreements consist of several agreements with vendors for the purchase of equipment used in business-type activities. At September 30, 2011, the gross amount of the equipment held under these agreements was $131,420 and the accumulated amortization totaled $68,448. Amortization expense related to equipment purchased under long-term installment agreements is included in depreciation in the accompanying financial statements. Most agreements call for termination of the agreement and forfeiture of the equipment in the event the payments are not budgeted or made. Minimum future lease payments through maturity under business-type activities long-term installment agreements (capital leases) as of September 30, 2011 are as follows: Fiscal year ending September 30: 2012 2013 $ 34,740 31,844 Total minimum payments Less amount representing interest 66,584 (1,802) Outstanding balance at September 30, 2011 $ 64,782 Pledged Utility Revenues: The City has pledged the future net revenues (generally customer revenues, net of specified operating expenses) of the water and sewer utility to repay the outstanding water and sewer utility revenue bonds issued from 1993 through 2011 to finance improvements to the system. The water and sewer utility revenue bonds are payable solely from the utility net revenues and are payable through 2022. Annual principal and interest payments on the bonds are expected to require less than 50 percent of utility net revenues. Total principal and interest remaining to be paid on the water and sewer utility revenue bonds is $37,320,263. Principal and interest paid and utility net revenues for the current year were $5,950,563 and $13,282,727, respectively. Debt Extinguishment: On September 29, 2011 the City issued $5,430,000 of Water and Sewer Refunding Revenue Bonds, Series 2011A, the proceeds of which, together with $559,579 from the City’s debt service accounts, was deposited with an escrow agent to currently refund $5,870,000 Water and Sewer Revenue Bonds, Series 2006 on October 1, 2011. Accordingly, the Series 2006 Bonds are considered defeased at September 30, 2011 and the liability for those bonds has been removed from the City’s financial statements. The reacquisition price of the 2006 Bonds was the same as the net carrying amount of the 2006 Bonds and there was no loss on the refunding. The refunding reduced the City’s debt service payments by $621,514 and resulted in an economic gain of $554,880. At September 30, 2011 there were no other outstanding bonds considered to be defeased. Segment Information: A portion of the City’s Series 2002 and Series 2007 Utility Tax Revenue Bonds, Series 2000 Revenue Bonds and Series 2003 Revenue Refunding and Improvement Bonds, were used to finance improvements to the City’s two golf courses and stormwater utility. The City’s golf courses and the stormwater utility are accounted for in three separate non-major enterprise funds; however the revenue streams of those funds are not specifically pledged for the repayment of those bonds, which are secured by the City’s utility tax revenues and nonad valorem revenues. Accordingly, segment information is not required or presented for the golf course and stormwater utility operations. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 52 12. Noncurrent Liabilities (Continued) Debt Maturities: The annual requirements to pay principal and interest to maturity on the business-type activities bonds outstanding as of September 30, 2011 are as follows: Fiscal Year Ending September 30 Revenue Bonds Principal Interest Total 2012 $ 2,569,134 $ 3,612,775 $ 6,181,909 2013 3,029,678 3,712,991 6,742,669 2014 2,883,015 3,754,393 6,637,408 2015 2,860,463 3,778,752 6,639,215 2016 2,265,272 545,906 2,811,178 2017-2021 9,765,265 1,539,015 11,304,281 2022-2026 2,364,760 220,911 2,585,671 2027-2031 433,529 90,800 524,329 2032 100,061 4,930 104,991 Total $ 26,271,178 $ 17,260,474 $ 43,531,652 Interest Expense: Total interest costs incurred on business-type activities debt for the year ended September 30, 2011 were $4,767,274, all of which was expensed. Discretely Presented Component Unit – Delray Beach Community Redevelopment Agency Component Unit -Changes in the noncurrent liabilities of the Delray Beach Community Redevelopment Agency (CRA) for the year ended September 30, 2011 were as follows: Beginning Balance Additions Reductions Ending Balance Due Within One Year Governmental Activities: Revenue bonds Note payable Pollution remediation obligation Total noncurrent liabilities $ 12,775,000 332,534 10,165 $ 13,117,699 $ ---$ -$ (630,000) (166,003) (6,944) $ (1,842,947) $ 11,105,000 166,531 3,221 $ 11,274,752 $ 1,595,000 166,531 3,221 $ 1,764,752 The CRA outstanding Revenue Bonds at September 30, 2011 consist of the following: 4.80% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Revenue Bond (Series 1999A), maturity date September 1, 2019. $ 4,085,000 4.2982% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Revenue Bond (Series 2004A Tax Exempt), maturity date September 1, 2019. 915,000 5.9095% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Bonds (Series 2004B Taxable), maturity date September 1, 2016. 6,105,000 Total Revenue Bonds $ 11,105,000 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 53 12. Noncurrent Liabilities (Continued) Note Payable: The note payable is to the South Florida Regional Planning Council (the “Council”) based on an interlocal agreement between the CRA and the Council to provide funding to the CRA for the brownfield remediation and redevelopment of 20 platted lots in the Carver Square subdivision within the CRA boundaries of the City. Interest at 3.0% on the outstanding principal balance is payable semiannually on June 2nd and December 2nd, commencing June 2, 2009. Principal payments are due in equal annual installments of $87,763 on June 2nd and December 2nd, commencing December 2, 2009 and through maturity on December 2, 2011. Pollution Remediation Obligation: In 2005 and 2006, the CRA purchased 20 platted lots in the Carver Square subdivision of the City for brownfield remediation and redevelopment of the lots for construction of affordable single family homes. State law required the CRA to perform pollution remediation after the property was acquired. The CRA estimated the liability to be $475,971 based on the contracted costs to perform the required work. In 2009, additional monitoring work was required increasing the total estimated cost by $30,000. The liability could change over time due to changes in the costs of goods and services or changes in the remediation effort required by regulatory authorities. The CRA accounts for the pollution obligation in accordance with GASB Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations, which establishes the accounting and financial reporting requirements for pollution remediation obligations of all governments. Pledged Revenues: The CRA has pledged a portion of future tax increment revenues to repay its outstanding revenue bonds issued in 1999 and 2004 to finance various redevelopment projects within the redevelopment district. The revenue bonds are payable solely from the tax increment revenues generated by increased property values in the redevelopment district. Tax increment revenues were projected to produce more than 200 percent of the debt service requirements over the life of the revenue bonds. Total principal and interest remaining on all debt at September 30, 2011 was $13,377,396, payable through September 1, 2019. For the current year, principal and interest paid and the total tax increment revenues were $2,254,076 and $10,645,402, respectively. Interest Expense: Total interest costs incurred and paid on all CRA debt for the year ended September 30, 2011, were $593,598 and $658,813, respectively. All interest costs were expensed as a direct expense of redevelopment projects. Annual Debt Service: The annual debt service requirements at September 30, 2011 for all CRA debt, excluding the pollution remediation obligation, are as follows: Fiscal Year Ending September 30, Principal Interest Total 2012 2013 2014 2015 2016 $ 1,761,531 1,670,000 1,750,000 1,420,000 1,250,000 $ 516,299 437,454 358,764 276,274 209,746 $ 2,277,830 2,107,454 2,108,764 1,696,274 1,459,746 2017-2019 3,420,000 $ 11,271,531 307,328 $ 2,105,865 3,727,328 $ 13,377,396 13. Pension Plans Description of the Plans The City contributes to two single-employer defined benefit pension plans covering substantially all full-time City employees. The General Employees’ Pension Fund is for employees who have completed one year of credited City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 54 13. Pension Plans (Continued) service excluding the City Commission, City Manager, Assistant City Manager, City Attorney and associates, department heads upon their written election not to participate, and firefighters and police officers covered under the Police and Firefighters’ Retirement System Fund. The Police and Firefighters’ Retirement System Fund covers all non-civilian police and fire employees. Each plan is administered by an independent Board of Trustees and is accounted for by the City as a separate fund. The costs of administering the plans are financed by the plans’ respective investment earnings. An actuarial report is prepared annually for each plan. General Employees’ Pension Fund -The benefit provisions and all other requirements of the General Employees’ Pension Fund are established by City Ordinance and are summarized as follows: The funding methods and determination of benefits payable are provided in the various sections of the City’s Code of Ordinances, including subsequent amendments thereto. The Code provides, in general, that funds are to be accumulated from employee contributions, City contributions and income from investment of accumulated funds. The operations of the fund are administered and managed by the General Employees’ Pension Fund Board of Trustees. The retirement committee (the Board of Trustees) consists of a chairperson and four additional members; all of whom are appointed by the City Commission. Vesting—Benefits vest 50% after five years of service plus 10% each additional year. Eligibility for Retirement— Ordinance No. 33-10 effective October 5, 2010, changed the normal retirement eligibility from the earlier of age 60 with ten years of service or 30 years of service regardless of age to the earlier of age 62 with ten years of service or 30 years of service regardless of age. This change does not apply to members who are within ten years of normal retirement eligibility as of October 5, 2010. Normal retirement eligibility for members hired after October 5, 2010 is age 65 with ten years of service. Annual Retirement Benefit—2.5% of the average monthly compensation times years of service with a maximum benefit of 75%. Ordinance No. 33-10 effective October 5, 2010, changed the normal form of benefit from a 60% joint and survivor annuity to a life annuity. This change does not apply to members who are within ten years of normal retirement eligibility as of October 5, 2010. Effective July 2005 participants have the option of a 3% multiplier with a maximum benefit of 90%. Employees selecting this option will contribute an additional 3.45% of earnings. There was also an option of purchasing all or a portion of prior service at the increased multiplier. Other Benefits—The system also provides for optional retirement benefits, early retirement, extended retirement, disability retirement and death benefits. Deferred Retirement Option Plan (DROP)—Employees with 10 years of credited service and eligible for normal retirement have the option of entering the DROP plan. When entering the DROP plan, the employee will not terminate employment with the City but will cease accruing a pension benefit, and the monthly benefit under the applicable plan as of the election date will be directed to a self-administered 401(a) Plan. After a maximum of 60 months, the employee must terminate employment with the City. Employee Contributions—Ordinance No. 33-10 effective October 5, 2010, changed the contribution amount from 2.5% of the employee's basic annual compensation to 3.05%. If the employee chooses the 3% multiplier, there is an additional contribution of 3.45% for a total of 6.5%. If an employee leaves covered employment or dies before five years of credited service, accumulated employee contributions are refunded to the employee or the designated beneficiary. City Contributions—City contributions are based upon actuarially determined amounts, which together with earnings and employee contributions, are sufficient to fund the plan. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 55 13. Pension Plans (Continued) Police and Firefighters’ Retirement System Fund -The benefit provisions and all other requirements of the Police and Firefighters’ Retirement System Fund are established by City Ordinance and are summarized as follows: The funding methods and determination of benefits payable are provided in the various acts of the Florida Legislature, which created the fund. The statutes provide, in general, that funds are to be accumulated from employee contributions, City contributions, state appropriations and income from investment of accumulated funds. The act also provides that, should the accumulated funds at any time be insufficient to meet and pay the benefits due, the City shall supplement the fund by an appropriation from current funds, or from any revenues which may lawfully be used for said purposes in an amount sufficient to make up the deficiency. The operations of the fund are administered and managed by the Police and Firefighters’ Retirement System Board of Trustees, consisting of two outside commission appointees, two designees from the chief(s), one member of each department elected by the membership and the Mayor of the City. Vesting—Benefits fully vest after 10 years of service. Eligibility for Normal Retirement—Upon completion of 20 years of service regardless of age. Annual Retirement Benefit—Normal retirement benefits are based upon 2.5% of average monthly earnings times years of service with a maximum benefit of 75% up to 20 years. After 20 years of service, a 3% multiplier is used for each year of service. Employees who were actively employed as of March 15, 2004 may elect a normal retirement benefit using a 3.5% multiplier for each year of service once 20 years of service is attained with a maximum of 87.5%. Employees selecting this option will contribute an additional 3% of earnings. The normal retirement benefit is payable over the remaining life of the member, and upon death 100% of the benefit is payable to the spouse for one year and 60% thereafter until death or remarriage. Other Benefits—The plan also provides for disability retirement and death benefits. Deferred Retirement Option Plan (DROP)—Employees with 20 years of credited service have the option of entering the DROP plan. When entering the DROP plan, the employee will not terminate employment with the City, but will cease accruing a pension benefit under the plan, and the monthly benefit as of the election date will be directed to a self-administered 401(a) plan. After a maximum of 60 months, the employee must terminate employment with the City. Employee Contributions—Ordinance No. 15-11 effective May 3, 2011, changed the contribution amount for firefighters to 6% of annual compensation. Firefighters who select a 3.5% multiplier will contribute 9%. If an employee leaves covered employment prior to vesting, contributions are refunded to the employee with interest. State of Florida Contributions—Pursuant to Chapters 175 and 185 of the Florida Statutes, a premium tax on certain casualty insurance contracts written on properties within the City is collected by the state and remitted to the City annually for the Police and Firefighters’ Retirement System Fund. City Contributions—City contributions are based upon actuarially determined amounts which, together with earnings, employee and state contributions, are sufficient to fund the plan. Related Party Transactions There were no City securities included in the assets of the General Employees’ Pension Fund or the Police and Firefighters’ Retirement System Fund. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 56 13. Pension Plans (Continued) Membership Membership data of the City’s pension plans as of October 1, 2010, the date of the most recent actuarial valuations, is summarized as follows: General Employees’ Pension Fund Police and Firefighters’ Retirement System Fund Retirees and beneficiaries receiving benefits 223 182 Terminated employees entitled to benefits but not receiving them 44 5 Active members 424 246 Actuarial Methods and Significant Assumptions The actuarial methods and significant assumptions used to determine the annual required contributions for the current year are summarized as follows: General Employees’ Pension Fund Police and Firefighters’ Retirement System Fund Valuation date October 1, 2010 October 1, 2010 Actuarial cost method Entry Age Normal Entry Age Normal Post retirement benefit increases None Annual increase of 1% plus that which can be funded by State revenue Amortization method Level Dollar, Closed Level Percent of Payroll – Closed Remaining amortization period 25 years 30 years Asset valuation method Recognition of 20% of difference between market value of assets and expected actuarial asset value 4 year Smooth Market Actuarial assumptions: Investment rate of return* 7.25% 8.10% Projected salary increases* 4.4% -7.2% based on service 6.25% Cost of living increases N/A 1.00% * Includes inflation rate 3.00% 3.00% The projection of benefits for financial reporting purposes does not explicitly incorporate the potential effects of legal or contractual funding limitations. Contribution Requirements and Contributions Made The Florida Legislature, City Commission and each Pension Board govern the City and employee contribution requirements for both plans. The City’s contribution to the plans is an actuarially determined periodic amount to City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 57 13. Pension Plans (Continued) ensure that sufficient assets will be available to pay benefits when due. Annual pension costs and contribution information for the last three fiscal years are as follows: Year Ended September 30 Annual Pension Cost Percentage Contributed Net Pension Obligation (Asset) General Employees’ Pension Fund 2011 $ 2,305,392 100% $ 0 2010 2,996,262 100 0 2009 2,502,936 100 0 Police and Firefighters’ Retirement System Fund 2011 $ 6,986,348 100% $ (133,794) 2010 5,385,422 100 (58,412) 2009 5,612,311 100 (62,025) The changes in the City’s net pension asset related to the Police and Firefighters’ Retirement System Fund for the current year were as follows: Annual required contribution (ARC) $ 6,982,946 Interest on net pension obligation (NPO) (4,965) Adjustment to ARC 8,367 Annual pension cost 6,986,348 Contributions made 7,061,730 Increase (decrease) in NPO (75,382) NPO (asset) at October 1, 2010 (58,412) NPO (asset) at September 30, 2011 $ (133,794) Funded Status and Funding Progress The funded status of the plans as of October 1, 2009, the most recent actuarial valuation date, is as follows (dollar amounts in thousands): Plan Actuarial Valuation Date Value of Assets (a) Actuarial Accrued Liability (AAL) Entry Age (b) Unfunded (UAAL) (b-a) Funded Ratio (a/b) Covered Payroll (c) UAAL as a Percentage of Covered Payroll [(b-a)/c] General Employees Police & Firefighters 10/1/2010 10/1/2010 $ 87,826,931 121,589,339 $91,096,027 196,961,908 $ 3,269,096 75,372,569 96.4% 61.7% $18,988,947 19,165,228 17.2% 393.3% The schedules of funding progress presented as required supplementary information (RSI) following the notes to the financial statements, present multiyear trend information about whether the actuarial values of plan assets are increasing or decreasing over time relative to the actuarial accrued liability for benefits. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 58 13. Pension Plans (Continued) Pension Plan Financial Statements The General Employees’ Pension Fund does not issue a publicly available financial report. The financial statements for the General Employees’ Pension Fund as of and for the year ended September 30, 2011 are as follows: Statement of Plan Net Assets ASSETS Cash and cash equivalents Investments: Equity securities and mutual funds Alternative investments Employee contributions receivable Prepaid expenses Interest and dividends receivable $ 503,414 14,852,313 62,437,784 38,580 75,678 30,296 Total assets 77,938,065 LIABILITIES Accounts payable 36,166 Total liabilities 36,166 NET ASSETS held in trust for pension benefits $ 77,901,899 Statement of Changes in Plan Net Assets ADDITIONS Contributions: Employer $ 2,305,392 Plan members 679,141 Total contributions 2,984,533 Investment earnings Net appreciation in fair value of investments 722,257 Interest and dividends 288,906 1,011,163 Less investment expenses – custodian fees 134,188 Net investment income Other income 876,975 40,783 Total additions 3,902,291 DEDUCTIONS Benefits Refunds of contributions Other operating expenses 3,859,290 44,546 137,967 Total deductions 4,041,803 Change in net assets (139,512) Net Assets at October 1, 2010 78,041,411 Net Assets at September 30, 2011 $ 77,901,899 The Police and Firefighters’ Retirement System Fund issues a publicly available financial report that includes financial statements and required supplementary information. That report may be obtained by writing to the City of Delray Beach, 100 NW 1st Avenue, Delray Beach, FL 33444 or by calling (561) 243-7012. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 59 13. Pension Plans (Continued) Significant Accounting Policies Basis of Accounting -The City’s financial statements for the two pension funds are prepared using the accrual basis of accounting. Employer and plan member contributions are recognized in the period that contributions are due. Retirement benefits and refunds are recognized when due and payable in accordance with the terms of the plans. Method Used to Value Investments -Investments in the two pension funds are reported at fair value determined by the independent custodian for each plan using various third-party pricing sources. Other Employee Benefit Plans For employees not covered by one of the City’s pension plans, the City contributed 9.5% of the base salary to the ICMA 457 Deferred Compensation Plan up to allowable limits. In 1996 the City instituted a 401(a) plan for department heads with a 3% match (Resolution 17-97). In 2000, this program was opened to certain eligible management and key employees to contribute up to 3% of their base salary to the ICMA Deferred Compensation Plan or 3% of their base salary to the ICMA 401(a) Plan with the City matching the contribution (Administrative Policy EB-15). Employees who were eligible to participate in the 401(a) Plan could exceed the 3% contribution with after tax dollars. All contributions are in accordance with Internal Revenue Service regulations. Activity in the 401(a) Plan for the year ended September 30, 2011 is summarized as follows: Balance at October 1, 2010 $ 565,498 Employer contributions 34,741 Employee contributions 34,741 Investment loss (8,599) Distributions (23,358) Balance at September 30, 2011 $ 603,023 The City has implemented a VantageCare Retirement Health Savings Plan which allows employees in the calendar year prior to termination (retirement), to make an election to deposit tax free part or all of their accumulated sick and vacation pay into the Plan. The Plan would then allow tax free withdrawals if the funds are used for qualified medical expenses. The effective date of the Plan was August 2002. In March 2007, the City was notified by ICMA, the administrator of VantageCare Retirement Health Savings Plan that all voluntary contributions must cease immediately. Therefore, contributions were allowed until December 31, 2007 if the employee made the election prior to December 31, 2006. Balance at October 1, 2010 $ 466,049 Investment loss (5,534) Service fees (1,861) Distributions (70,770) Balance as of September 30, 2011 $ 387,884 14. Other Postemployment Benefits (OPEB) Description of the Plans The City’s other postemployment benefit (OPEB) plans are described as follows: OPEB Plan -The City administers a single-employer defined benefit plan (the “OPEB Plan”) that provides medical and life insurance benefits to eligible retired employees and their beneficiaries. The City Commission has the authority to establish and amend premiums for and the benefit provisions of the OPEB Plan. The OPEB Plan is City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 60 14. Other Postemployment Benefits (OPEB) financed on a “pay-as-you-go” basis and is not administered as a formal qualifying trust. The OPEB Plan does not issue a publicly available financial report. Florida Statute 112.0801 requires the City to allow retirees to buy healthcare coverage at the same group insurance rates that current employees are charged resulting in an implicit healthcare benefit. The State of Florida prohibits the OPEB Plan from separately rating retirees and active employees. Therefore, both groups (active and retirees) are charged an equal, blended rate premium. Although both groups are charged the same blended rate premium, GAAP requires the actuarial figures to be calculated using age adjusted premiums approximating claim costs for retirees separate from active employees. The use of age adjusted premiums results in the addition of an implicit rate subsidy into the actuarial accrued liability. OPEB Plan members receiving benefits contribute 100% of the monthly premiums ranging from a minimum of $423 to a maximum of $848 for medical/prescription coverage and at a rate of $.33 per $1,000 of the face value for life insurance coverage. Delray Beach Police, Firefighters & Paramedics Retiree Benefit Fund -The Delray Beach Police, Firefighters & Paramedics Retiree Benefit Fund (the “Retiree Benefit Fund”) is a single-employer defined benefit plan established for the purpose of providing full or partial reimbursement for health insurance premiums or other qualified benefits permitted under Section 501(c)(9) of the Internal Revenue Code. The Retiree Benefit Fund was established pursuant to collective bargaining agreements between the City and the Professional Firefighters & Paramedics of Delray Beach, Local 1842, IAFF and the Police Benevolent Association (PBA). A Trust was created on May 14, 2002 and is administered by a separate Board of Trustees consisting of seven individuals, including the President of the Local 1842, IAFF, five union representatives (three PBA, two Local 1842, IAFF) and a non-bargaining unit active firefighter elected by non-bargaining unit participants. The City is neither the trustee nor the administrator of the Retiree Benefit Fund. Accordingly, since the City does not control, have access to or hold any assets of the Trust and has no reversionary rights in the assets of the Trust, the Retiree Benefit Fund is not reported as a fiduciary fund of the City. The Retiree Benefit Fund does not issue a publicly available financial report. Participants in the Retiree Benefit Fund include persons employed by the City of Delray Beach Fire Rescue Department as certified firefighters or paramedics on or after October 1, 2001; persons employed by the City of Delray Beach Police Department as certified law enforcement officers on or after October 1, 2004; and, certain Police and Fire Rescue department employees for whom contributions were made for each year since October 1, 2001, regardless of the employee’s certification as a firefighter, paramedic or law enforcement officer. Participants are eligible for benefits on or after the first day of the month following the date of their retirement from the City. The Retiree Benefit Fund currently does not require contributions from participants. The obligation of the City to fund the Retiree Benefit Fund is established by the applicable collective bargaining agreements in effect between the City and the unions. The Retiree Benefit Fund provides for a minimum annual benefit of $3,900 for covered employees that are not certified as firefighters, paramedics or law enforcement officers. For certified firefighters, paramedics and law enforcement officers, the Retiree Benefit Fund provides for an annual benefit of $5,200 reduced 3% per year for service less than 25 years, and increased 3% per year for service greater than 25 years. Actuarial Methods and Significant Assumptions The actuarial methods and significant assumptions used to determine the annual required contributions for the current year and the plans’ funded status are summarized as follows: OPEB Plan Retiree Benefit Fund Valuation date October 1, 2010 October 1, 2008 Actuarial cost method Entry Age Normal Entry Age Normal Post retirement benefit increases None None City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 61 14. Other Postemployment Benefits (OPEB) (Continued) OPEB Plan Retiree Benefit Fund Health care cost trend rates 10% per year initially, reduced annually by .5% to an ultimate rate of 5% in 2018 N/A – Benefits are for fixed amounts and do not adjust for changes in health care costs Amortization method Level Percent of Payroll – Closed Level Percent of Payroll – Closed Remaining amortization period 29 years 23 – 29 years Asset valuation method N/A(1) Market Value of Assets Actuarial assumptions: Investment rate of return 4.5%(2) 8.0% net of investment related expenses Projected salary increases* 3.0 -4.0% 6.25% * Includes inflation rate 3.0% 4.00% (1) The plan is funded on a pay-as-you-go basis and is not administered as a formal qualifying trust. There were no plan assets as of October 1, 2010, the date of the most recent valuation. (2) Since there are currently no invested plan assets held in trust to finance the OPEB obligations, the investment rate of return is the long-term expectation of investment return on assets held in City funds pursuant to its investment policy. Actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events far into the future. Actuarially determined amounts are subject to continual revision as actual results are compared to past expectations and new estimates are made about the future. Projections of benefits are based on the types of benefits provided under the substantive plan at the time of each valuation and on the pattern of sharing of benefit costs between the employer and plan members to that point. In addition, projections of benefits for financial reporting purposes do not explicitly incorporate the potential effects of legal or contractual funding limitations on the pattern of cost sharing between the employer and plan members in the future. Actuarial calculations reflect a long-term perspective and accordingly, actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets. Contribution Requirements and Contributions Made The annual OPEB cost is calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with the parameters of Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover the normal cost each year and the amortization on any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years. Annual OPEB costs and contribution information for the last three fiscal years are as follows: Year Ended September 30 Annual OPEB Cost Percentage Contributed Net OPEB Obligation (Asset) OPEB Plan 2011 $ 1,230,663 42% $ 1,925,071 2010 999,504 74 1,205,343 2009 949,409 0 949,409 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 62 14. Other Postemployment Benefits (OPEB) (Continued) Year Ended September 30 Annual OPEB Cost Percentage Contributed Net OPEB Obligation (Asset) Retiree Benefit Fund 2011 $ 572,664 115% $ (268,352) 2010 574,563 115 (180,161) 2009 576,584 116 (92,883) The changes in the City’s net OPEB obligation (asset) related to the OPEB Plan and Retiree Benefit Fund for the year ended September 30, 2011 were as follows: OPEB Plan Retiree Benefit Fund Total Annual required contribution Interest on net OPEB obligation (asset) Adjustment to annual required contribution $ 1,222,316 54,240 (45,893) $ 576,584 (14,413) 10,493 $ 1,798,900 39,827 (35,400) Annual OPEB cost Contributions made 1,230,663 (510,935) 572,664 (660,855) 1,803,327 (1,171,790) Increase in net OPEB obligation (asset) Net OPEB obligation at October 1, 2010 719,728 1,205,343 (88,191) (180,161) 631,537 1,025,182 Net OPEB obligation (asset) at September 30, 2011 $ 1,925,071 $ (268,352) $ 1,656,719 Funded Status and Funding Progress The funded status of the OPEB Plan and Retiree Benefit Fund as of the most recent actuarial valuation date is as follows (dollar amounts in thousands): Plan Actuarial Valuation Date Value of Assets (a) Actuarial Accrued Liability (AAL) Entry Age (b) Unfunded (UAAL) (b-a) Funded Ratio (a/b) Covered Payroll (c) UAAL as a Percentage of Covered Payroll [(b-a)/c] OPEB Plan Retiree Benefit Fund 10/1/2010 10/1/2008 $ 0 2,057 $ 15,472,507 7,970 $ 15,472,507 5,913 0.0% 25.8 $ 43,370,206 20,257 35.68% 29.20 The schedule of funding progress is intended to present multiyear trend information about whether the actuarial values of plan assets are increasing or decreasing over time relative to the actuarial accrued liability for benefits. 15. Self-Insurance Program The City has a Managed Retention, Protected Self-Insurance Program whereby the City is mainly self-insured for liability coverage. Workers’ compensation, fidelity and property coverage are insured with large deductible selfinsured retentions. There were no significant changes in insurance coverage from the prior year and the amounts of City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 63 15. Self-Insurance Program (Continued) settlements did not exceed insurance coverage for any of the past three years. A loss fund of $1,950,000 maximum applies per year over which an aggregate coverage of $1,000,000 of commercial insurance would apply should the loss fund be exhausted in a given year. The City also maintains a self-insured health plan with Cigna as the thirdparty administrator. The City is self-insured up to a stop loss of $100,000 per claim and has purchased excess insurance for claims exceeding the stop loss for individual and aggregate claims. Contributions from other funds are made as needed to meet the estimated payments resulting from purchased and self-insurance programs, and operating expenses based on the City’s historical experience and a case-by-case evaluation of claims. For the year ended September 30, 2011, contributions of $11,807,702 were made to the Insurance Fund by other funds and are reflected as interfund services provided and used in the accompanying financial statements. The City has recorded a claims liability of $3,996,911 ($1,471,930 current and $2,524,981 long-term) at September 30, 2011, which is a decrease of $268,308 from the prior year. The decrease reflects slower claims development for all lines of insurance and a reduction in very large claims. The liability falls within the actuarially determined range, from an actuarial valuation for all claims based upon the date the loss was incurred and includes a provision for claims incurred but not yet reported (IBNR). The following summarizes the claims liability activity for the current and prior year: Balance at September 30, 2009 $ 4,714,863 Claims incurred 8,229,290 Claims paid (8,678,934) Balance at September 30, 2010 4,265,219 Claims incurred 7,889,430 Claims paid (8,157,738) Balance at September 30, 2011 $ 3,996,911 The claims liability at September 30, 2011 and 2010 is summarized as follows:2011 2010 Current $ 1,471,930 $ 1,603,342 Non-current 2,524,981 2,661,877 $ 3,996,911 $ 4,265,219 16. Related Party Transactions The CRA is a component unit of the City of Delray Beach, Florida. For the year ended September 30, 2011 the CRA’s tax increment revenues include $6,418,010 received from the City. CRA expenditures for the year ended September 30, 2011, include charges of approximately $1,439,617 for contractual services provided by the City to the CRA in connection with various administrative and development activities and a $595,400 sponsorship of City tennis tournaments. The CRA also received $128,000 in reimbursements from the City for completed projects. At September 30, 2011, the CRA had a payable to the City of $623,625 for reimbursement of certain administrative and redevelopment expenditures and a receivable of $50,000 from the City for a construction advance. 17. Expenditures in Excess of Appropriations For the year ended September 30, 2011 expenditures exceeded the budgeted appropriations for the following General Fund departments: City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 64 17. Expenditures in Excess of Appropriations (Continued) General Government City manager $ 646 Cemetery 10,677 Miscellaneous grants Miscellaneous (nondepartmental) 5,302 4,068 The excess expenditures were offset by savings in other City departments. Discretely Presented Component Unit – Delray Beach Community Redevelopment Agency For the year ended September 30, 2011 expenditures exceeded the final budgeted appropriations for the following General Fund functions: Economic Development: Redevelopment Projects Community Improvement and Economic Development $ 50,522 51 18. Commitments and Contingencies Contract Commitments The City has various long-term contractual obligations for construction projects on which work has not been completed. The remaining commitments on these obligations at September 30, 2011 were as follows: Capital Projects funds $ 2,291,112 Water and Sewer Fund 2,512,709 Stormwater Utility Fund 278,678 $ 5,082,499 Payments from the Water and Sewer Fund and Stormwater Utility Fund for work in progress have been capitalized as construction in progress in the respective Fund. The projects financed by the capital projects funds have been capitalized in the government-wide financial statements as construction in progress. Litigation, Claims and Assessments The City is a defendant in certain lawsuits and is involved in other legal matters occurring in the normal course of operations. While the ultimate outcome of these matters cannot be determined at this time, in the opinion of the City and its management, no material losses in excess of estimated liabilities or insured limits are expected to result from the settlement of these claims. Grants The grant revenues received by the City are subject to audit and adjustment by the grantor agencies, principally the Federal government and the State of Florida. If expenditures are disallowed by the grantor agencies as a result of such an audit, any claim for reimbursement would be a liability of the City. In the opinion of management, all grant expenditures are in compliance with the terms of the grant and applicable federal and state laws and regulations. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 65 18. Commitments and Contingencies (Continued) Debt Service Reserve Surety Bond The City’s Utility Tax Revenue Bonds (Series 2002 and 2007) and Water and Sewer Revenue Bonds (Series 1993 and 1997), collectively the “Bonds”, require the City to maintain a debt service reserve equivalent to the maximum principal and interest due on the Bonds in any year through maturity. The Bonds’ resolutions provide that the City may purchase a credit facility for the debt service reserve requirement from an institution with the highest credit rating for municipal bonds insured or guaranteed by that institution. The City purchased surety bonds from Ambac Assurance Corporation (AMBAC), MBIA Assurance Corp. (MBIA) and Financial Security Assurance Holdings Ltd. (FSA) to satisfy the debt service reserve requirement for the Bonds at the date of issue. At September 30, 2011 AMBAC, MBIA and FSA had credit ratings that were less than the highest rating from Moody’s Investor Service, Inc. (Moody’s) and Standard & Poor’s (S&P) or had their ratings withdrawn by these agencies. In addition, in November 2010, AMBAC petitioned for relief under Chapter 11 of the United States Bankruptcy Code. City management, in consultation with bond counsel, has determined that the City is not required to obtain surety bonds or provide cash and investments to replace the sureties on hand at September 30, 2011. The Bonds outstanding at September 30, 2011 have a credit rating no lower than the City’s underlying rating of AA-from S&P. Operating Lease The City entered into a lease agreement with the Delray Beach Community Redevelopment Agency on January 11, 2010 for 10,289 square feet of commercial space on the first floor of the City’s Old School Square parking garage. The term of the lease is 5 years from February 1, 2010 through January 31, 2015 and rent is $150,000 payable annually in arrears on the anniversary date of the lease. The CRA was responsible for the build out of the leased space. The aggregate remaining payments due to the City on the lease at September 30, 2011 were $600,000. Discretely Presented Component Unit – Delray Beach Community Redevelopment Agency CRA Contract Commitments: At September 30, 2011 the CRA had outstanding construction commitments consisting of the following: Total Project Authorization Expended Through September 30, 2011 Retainage Payable at September 30, 2011 Remaining Commitment at September 30, 2011 NE 3rd Avenue Parking Lot SW 5th Avenue Parking Lot Spady Other projects $ 151,391 257,510 160,420 1,375 $ 570,696 $ 46,024 86,562 138,725-$ 271,311 $ 2,714 6,597 15,413-$ 24,724 $ 105,367 170,948 21,695 1,375 $ 299,385 In addition, the CRA entered into an interlocal agreement with the City to provide funding of $3,897,500 to the City for various City construction projects planned for the year ending September 30, 2012. The CRA also contracted with the City for various administrative services and budgeted approximately $300,000 for those services for the year ending September 30, 2012. Lease Commitments: On August 26, 2010 the CRA entered into an agreement to sublease 5,000 square feet of commercial space on the first floor the Old School Square parking garage to the Puppetry Arts Center of the Palm Beaches, Inc. for $400 per month for a two year term commencing December 1, 2010 (or upon the issuance of a certificate of occupancy). The sublease includes two options to extend the lease through January 31, 2015. The subleased property is a portion of 10,289 square feet of commercial space leased by the CRA from the City through January 31, 2015. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 66 18. Commitments and Contingencies (Continued) The CRA lease with the City provides for rent of $150,000 payable annually in arrears on the anniversary date of the lease. The CRA is responsible for the build out of the leased space. The CRA plans to build out the remaining space and sublet portions of the space to not-for-profit organizations for arts related uses. The aggregate remaining payments on the lease owed by the CRA to the City at September 30, 2011 were $600,000. Operating Grants: The CRA entered into agreements with the following organizations to provide funding for their operations during the year ending September 30, 2012: City of Delray Beach – Clean and Safe Program City of Delray Beach – International Tennis Championships City of Delray Beach – Irrigation and Landscape Maintenance Delray Beach Community Land Trust, Inc. Delray Beach Public Library Association, Inc. Downtown Marketing Cooperative $ 1,144,795 535,000 23,000 250,000 308,000 280,000 Old School Square, Inc. EPOCH, Inc. Total Grant Commitments 285,000 118,180 $ 2,943,975 The CRA also entered into a grant agreement with Village Square Family, LTD to provide $100,000 of assistance with the funding for the development of a site formerly known as Carver Estates. The grant is contingent upon Village Square Family, LTD obtaining tax exempt financing in conjunction with the issuance of tax exempt bonds. Delray Beach Public Library: The CRA entered into an agreement dated July 1, 2003, with the City and the Delray Beach Public Library Association, Inc. (the “Library”) for relocation of the Delray Beach Public Library to its current location on West Atlantic Avenue. Under the terms of the agreement, the CRA in 2005 exchanged the parcel of property owned by the CRA on West Atlantic Avenue with a carrying value of approximately $509,000 for the former library site owned by the City. The CRA also agreed that in the event it disposes of the former library site, any proceeds in excess of $1.7 million, plus all related selling expenses incurred by the CRA, will be paid to the City. The CRA also assumed the City’s lease agreement with the Greater Delray Beach Chamber of Commerce (the “Chamber”) for the former library site. The lease requires no payment from the Chamber and expires on January 31, 2060. In February 2008, the CRA entered into a Purchase and Sale Agreement (the “Agreement) to sell the former library property to a private developer for $3 million. In connection with the Agreement, the CRA entered into a Relocation Agreement with the Chamber whereby the Chamber will cancel its lease and vacate the former library site and move to new commercial space on the first floor of the Old School Square parking garage. At the time of closing on the Agreement, the CRA will pay the City $315,450 to purchase the commercial space to be occupied by the Chamber. Closing on the Agreement will occur after completion of the development project as outlined in the Agreement, which has a termination date of September 1, 2012. The carrying value of the property is approximately $700,000 at September 30, 2011. Property Acquisition: At September 30, 2011 the CRA had a contract to purchase redevelopment property for $96,000. The property purchase was completed in October 2011. 19. Subsequent Events Installment Agreement: On December 6, 2011 the City approved an installment agreement for the purchase of public safety communications equipment for $825,000 with interest at 1.855% for 84 months. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 67 19. Subsequent Events (Continued) Bond Issuance: On October 18, 2011, the City issued $8,160,000 Water and Sewer Revenue Refunding Bonds, Series 2011B (the “Series 2011B Bonds”) to refund the outstanding principal balance of $9,000,000 on the Water and Sewer Revenue Bonds -Series 2007. The refunding resulted in an economic gain (the difference between the present value of the debt service payments of the refunded and refunding bonds) of $1,105,443 and reduced the total debt service payments by $1,290,485. The Series 2011B Bonds are payable from and secured by the proceeds from pledged net revenues of the system (as defined in the bond agreement). Interest on the Series 2011B Bonds is payable at 2.21% on April 1st and October 1st beginning on April 1, 2012. Principal payments on the Series 2011B Bonds are due October 1st, beginning on October 1, 2012 through maturity on October 1, 2021 and are summarized as follows: Year Ending September 30 Principal 2012 2013 2014 2015 2016 2017-2021 2022 $ -285,000 280,000 285,000 980,000 5,210,000 1,120,000 $ 8,160,000 Required Supplementary Information Variance with Final Budget -Actual Positive Original Final Amounts (Negative) REVENUES Taxes $ 62,100,190 $ 57,739,830 $ 58,241,812 $ 501,982 Fees and permits 9,905,210 7,762,320 7,957,960 195,640 Intergovernmental 5,814,220 6,195,349 6,188,502 (6,847) Charges for services 8,565,380 9,422,240 8,857,080 (565,160) Fines and forfeitures 821,700 940,500 1,072,260 131,760 Miscellaneous 5,363,720 5,868,287 5,831,304 (36,983) Total Revenues 92,570,420 87,928,526 88,148,918 220,392 EXPENDITURES General government City commission 229,210 244,889 222,816 22,073 City manager 516,560 529,742 530,388 (646) Human resources 514,230 520,340 518,549 1,791 Public information office 94,190 108,160 104,535 3,625 City clerk 562,850 539,310 519,935 19,375 Finance 1,611,500 1,638,530 1,580,070 58,460 Information technology 1,575,560 1,592,810 1,548,853 43,957 City attorney 851,380 896,494 790,389 106,105 Administrative services administration 636,380 641,890 620,809 21,081 Clean and Safe 225,900 201,420 201,056 364 Cemetery 360,980 362,960 373,637 (10,677) Old School Square 194,750 194,750 194,750 -Library 1,453,500 1,453,500 1,453,500 -Miscellaneous grants 158,250 208,250 213,552 (5,302) Transfers to component units 6,456,030 6,446,350 6,418,010 28,340 Miscellaneous (nondepartmental) 27,700 38,233 42,301 (4,068) Public safety Law enforcement 26,241,690 27,271,391 26,553,512 717,879 Fire control 22,145,020 22,450,235 22,262,414 187,821 Community improvement administration 449,450 452,020 445,512 6,508 Planning and zoning 1,123,050 1,142,216 1,116,306 25,910 Building inspection 1,292,800 1,288,620 1,256,552 32,068 Code compliance 938,220 963,320 953,191 10,129 Physical environment Engineering 208,020 277,520 247,720 29,800 Parking facilities 982,730 978,190 881,957 96,233 Public works: 2,794,290 2,817,890 2,687,072 130,818 Parks and recreation 12,309,780 12,383,000 12,076,715 306,285 Debt service 5,136,520 5,048,520 5,012,566 35,954 Total Expenditures 89,090,540 90,690,550 88,826,667 1,863,883 Excess of Revenues Over (Under) Expenditures 3,479,880 (2,762,024) (677,749) 2,084,275 OTHER FINANCING SOURCES (USES) Transfers in 3,722,130 3,720,390 3,720,390 -Transfers out (4,264,170) (4,264,328) (4,243,894) 20,434 Total Other Financing Sources (Uses) (542,040) (543,938) (523,504) 20,434 Net change in fund balance $ 2,937,840 $ (3,305,962) (1,201,253) $ 2,104,709 Fund balance -October 1, 2010 24,061,578 Difference between GAAP and budgetary basis (108,270) Fund balance -September 30, 2011 $ 22,752,055 The notes to budgetary comparison schedule are an integral part of this schedule. Budgeted Amounts CITY OF DELRAY BEACH, FLORIDA BUDGETARY COMPARISON SCHEDULE GENERAL FUND For the Fiscal Year Ended September 30, 2011 68 City of Delray Beach, Florida Notes to Budgetary Comparison Schedule September 30, 2011 69 1. Budgetary Accounting State of Florida Statutes require that all municipal governments establish budgetary systems and approve an annual operating budget. The City Commission annually adopts an operating budget and appropriates funds for the General Fund. Other funds are not legally required to adopt a budget. The budget procedures are generally as follows:  Prior to September 1, the City Manager submits to the City Commission a proposed operating budget prepared for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and the means of financing them.  Public hearings are conducted to obtain taxpayer comments.  The City advises the County Property Appraiser of the proposed millage rate and the date, time and place of the public hearing for budget acceptance.  The budget and related millage rate are legally enacted by resolution.  Changes or amendments to the budget of the City or a department must be approved by the City Commission; however, changes within a department which do not affect the total departmental expenditures may be approved at the administrative level by the City Manager. Accordingly, the legal level of control is at the department level. The appropriated budget legally adopted for the General Fund is on the same modified-accrual basis used to reflect revenues and expenditures, except that for budgetary purposes, current year encumbrances are treated as expenditures, on-behalf payments from the state for police and firefighters’ pension benefits are not budgeted and capital outlays are reflected as current expenditures within each governmental function. The City Commission approved budget amendments totaling $1,600,168 during the year ended September 30, 2011, which increased the original General Fund appropriations (expenditures and transfers out) from $93,354,710 to a revised total of $94,954,878. 2. Budget and Actual Comparisons The budgetary comparison schedule for the General Fund is prepared on the basis of accounting used in preparing the appropriated budget. As indicated in Note 1, current year encumbrances are treated as expenditures for budgetary purposes and on-behalf payments are not budgeted. In addition, for budgetary purposes, the proceeds from the sale of capital assets are included in miscellaneous revenues but are considered an “other financing source” for GAAP. As a result, the General Fund revenues and expenditures reported in the budgetary comparison schedule differ from the revenues and expenditures reported on the basis of GAAP. These differences can be reconciled as follows: Revenues Expenditures Current year encumbrances outstanding at year end $ -$ 151,013 Prior year encumbrances paid in the current year -(259,283) Net encumbered expenditures -(108,270) On-behalf payments for pension benefits (1,614,377) (1,614,377) Proceeds from sale of capital assets 1,903 -Net differences -GAAP and budgetary basis (1,612,474) (1,722,647) GAAP basis 89,761,392 90,549,314 Budgetary basis $ 88,148,918 $ 88,826,667 Actuarial Valuation Date Actuarial Value of Assets (a) Actuarial Accrued Liability (AAL)— Entry Age (b) Unfunded (Assets in Excess of) AAL (b-a) Covered Payroll (c) 10/1/2005 $ 61,455,670 $ 62,126,597 $ 670,927 98.9 % $ 16,203,652 4.1 % 10/1/2006 70,326,850 71,373,310 1,046,460 98.5 16,839,131 6.2 10/1/2007 77,436,230 78,839,518 1,403,288 98.2 17,817,350 7.9 10/1/2008 80,987,834 84,913,592 3,925,758 95.4 18,990,051 20.7 10/1/2009 84,476,640 90,079,371 5,602,731 93.8 19,359,146 28.9 10/1/2010 87,826,931 91,096,027 3,269,096 96.4 18,988,947 17.2 Actuarial Valuation Date Actuarial Value of Assets (a) Actuarial Accrued Liability (AAL)— Entry Age (b) Unfunded (Assets in Excess of) AAL (b-a) Covered Payroll (c) 10/1/2005 $ 87,160,398 $ 123,307,335 $ 36,146,937 70.7 % $ 15,005,297 240.9 % 10/1/2006 93,291,628 134,029,918 40,738,290 69.6 15,143,925 269.0 10/1/2007 120,659,009 154,278,004 33,618,995 78.2 16,893,879 199.0 10/1/2008 119,979,020 169,034,580 49,055,560 71.0 17,564,005 279.3 10/1/2009 117,804,614 182,523,094 64,718,480 64.5 17,901,995 361.5 10/1/2010 121,589,339 196,961,908 75,372,569 61.7 19,165,228 393.3 Note: During the fiscal year ended September 30, 2009, the asset valuation method was changed to Actuarial Value of Assets (AVA) from a five year smoothed market for the Police and Firefighters' Retirement System Plan. With this change, the development of the Market Value of Assets (MVA) also changed resulting in the receivable for the City contribution for the fiscal year following the valuation date, to no longer be included in the MVA. The investment return assumption was also changed from 8.4% to 8.3% per year. September 30, 2011 Police and Firefighters’ Retirement System Fund City of Delray Beach, Florida Required Supplementary Information— Schedules of Pension Funding Progress Funded Ratio (a/b) Unfunded (Assets in Excess of) AAL as a Percentage of Covered Payroll [(b-a)/c] Funded Ratio (a/b) Unfunded (Assets in Excess of) AAL as a Percentage of Covered Payroll [(b-a)/c] General Employees' Pension Plan Note: Effective October 1, 2009, the actuarial cost method was changed from the Aggregate Actuarial Cost method to the Entry Age Normal Cost method using the Level Dollar – Closed amortization method over a period of 25 years. 70 Fiscal Year Ended September 30, Annual Required Employer Contribution 2006 $ 2,011,383 100.0 % 2007 2,008,058 100.0 2008 2,398,379 100.0 2009 2,502,936 100.0 2010 2,996,262 100.0 2011 2,305,392 100.0 Fiscal Year Ended September 30, Annual State Contribution Annual Required Employer Contribution Total Annual Required Contribution 2006 $ 504,922 $ 4,789,159 $ 5,294,081 100.0 % 2007 504,922 5,174,531 5,679,453 100.0 2008 504,922 5,608,475 6,113,397 100.0 2009 504,922 6,395,442 6,900,364 100.0 2010 504,922 7,061,730 7,566,652 100.0 2011 504,922 6,982,946 7,487,868 100.0 City of Delray Beach, Florida Required Supplementary Information— Schedules of Employer and State Pension Contributions For the Fiscal Year Ended September 30, 2011 Note: During the 2009 fiscal year, the asset valuation method was changed to Actuarial Value of Assets (AVA) from a five year smoothed market. With this change, the development of the Market Value of Assets (MVA) also changed resulting in the receivable for the City contribution for the fiscal year following the valuation date, to no longer be included in the MVA. Percentage Contribution General Employees' Pension Fund Police and Firefighters' Retirement System Fund Percentage Contribution 71 Combining and Individual Fund Statements and Schedules 72 Non-Major Governmental Funds Special Revenue Funds Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than major capital projects) requiring separate accounting because of legal or regulatory provisions or administrative action. Law Enforcement Trust Fund – This fund accounts for revenue received from confiscated and forfeited properties from cases involving the City's police department. Expenditures from this fund are generally for police education and training programs and equipment. Developers Land Contribution Fund – This fund accounts for revenue received from developers operating within the City for projects other than those financed by proprietary funds. The City uses the developer contributions to purchase land or capital improvements for recreation facilities. ARRA Economic Stimulus Fund – This fund accounts for revenue received from the federal government for various programs under the American Recovery and Reinvestment Act. Neighborhood Services Fund – This fund accounts for revenue received from federal, state and local governments under numerous grant programs which are used for various community development and improvement projects within the City. SHIP Fund – This fund accounts for revenue received from the Florida Housing Finance Agency for the State Housing Initiatives Partnership (SHIP) Program to provide for renovation of buildings to be used for affordable multi-family housing within the City. Beautification Fund – This fund accounts for revenue received from public service taxes, which is used for capital improvements to beautify the City. Special Projects Fund – This fund is used to account for assets held in trust by the City for a variety of earmarked purposes. Cemetery Perpetual Care Fund – This fund is used to account for assets held by the City to provide maintenance for the cemetery grounds. City Ordinance allows for the use of principal in achieving this purpose. Debt Service Fund Utilities Tax Fund – This fund is used to account for assets held for the repayment of principal and interest on debt reported in the government-wide financial statements. Capital Projects Fund Capital Projects Funds are used to account for financial resources for the acquisition or construction of major capital facilities (other than those financed by proprietary funds and similar trust funds). The capital projects funds used by the City are as follows: Capital Improvement Fund – This fund is used to account for the construction of major capital facilities not accounted for in the 2004 GO Bond Fund or Beach Restoration Fund. 2004 GO Bond Fund – This fund is used to account for the construction of major capital facilities financed by the City’s 2004 general obligation bond issue and subsequent financing. Beach Restoration Fund – This fund is used to account for improvements to the municipal beach area of the City. Debt Service Total Law Developers ARRA Neighbor-Cemetery Non-Major Enforcement Land Economic hood Special Perpetual Utilities Capital 2004 Beach Governmental Trust Contribution Stimulus Services SHIP Beautification Projects Care Tax Improvement GO Bond Restoration Funds ASSETS Cash and cash equivalents $ -$ -$ -$ 224 $ -$ -$ -$ -$ 54,380 $ 46 $ -$ -$ 54,650 Accounts receivable, net ------22,215 21,007 ----43,222 Notes receivable ---1,089,306 637,682 -------1,726,988 Due from other governments --388,414 309,487 --11,499 --280,068 -467,695 1,457,163 Due from other funds 298,655 313,264 -149 36,822 313,973 2,603,745 833,283 451,050 4,858,400 670,191 122,377 10,501,909 Prepaid items ---105 --184 -----289 Due from component units ---9,188 -----133,215 --142,403 Assets held for resale ---1,127,774 --------1,127,774 Total Assets $ 298,655 $ 313,264 $ 388,414 $ 2,536,233 $ 674,504 $ 313,973 $ 2,637,643 $ 854,290 $ 505,430 $ 5,271,729 $ 670,191 $ 590,072 $ 15,054,398 LIABILITIES AND FUND BALANCES LIABILITIES Accounts payable and accrued items $ -$ -$ 58,826 $ 35,360 $ -$ 17,762 $ 8,412 $ -$ -$ 553,036 $ 6,989 $ 30 $ 680,415 Due to other funds --329,588 ---------329,588 Deferred revenue ---1,089,318 677,186 ----255,657 --2,022,161 Due to component units ------50,000 -----50,000 Total Liabilities --388,414 1,124,678 677,186 17,762 58,412 --808,693 6,989 30 3,082,164 FUND BALANCES Nonspendable: Prepaid items ---105 --184 -----289 Long-term notes receivable ---1,089,306 637,682 -------1,726,988 Restricted for: Debt Service --------505,430 ---505,430 Law enforcement 298,655 -----------298,655 Assigned to: Capital Projects Funds ---------4,463,036 663,202 590,042 5,716,280 Special Revenue Funds 313,264 -322,144 -296,211 2,579,047 854,290 ----4,364,956 Unassigned (deficit): Special Revenue Funds ----(640,364) -------(640,364) Total Fund Balances 298,655 313,264 -1,411,555 (2,682) 296,211 2,579,231 854,290 505,430 4,463,036 663,202 590,042 11,972,234 Total Liabilities and Fund Balances $ 298,655 $ 313,264 $ 388,414 $ 2,536,233 $ 674,504 $ 313,973 $ 2,637,643 $ 854,290 $ 505,430 $ 5,271,729 $ 670,191 $ 590,072 $ 15,054,398 Special Revenue CITY OF DELRAY BEACH, FLORIDA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL FUNDS September 30, 2011 Capital Projects 73 Debt Service Total Law Developers ARRA Neighbor-Cemetery Non-Major Enforcement Land Economic hood Special Perpetual Utilities Capital 2004 Beach Governmental Trust Contribution Stimulus Services SHIP Beautification Projects Care Tax Improvement GO Bond Restoration Funds REVENUES Intergovernmental $ -$ -$ 926,131 $ 918,790 $ 209,296 $ -$ 78,059 $ -$ -$ 422,624 $ -$ 466,706 $ 3,021,606 Charges for services ------556,776 4,715 ----561,491 Fines and forfeitures 126,208 -----73,605 -----199,813 Miscellaneous 218 43,283 -818,238 2,662 349 57,614 80,687 1,760 450,026 648 212 1,455,697 Total Revenues 126,426 43,283 926,131 1,737,028 211,958 349 766,054 85,402 1,760 872,650 648 466,918 5,238,607 EXPENDITURES Current: General government --72,454 1,869,190 214,640 -100,284 850 -211,630 --2,469,048 Public safety 77,860 -547,324 ---213,847 --150,613 --989,644 Physical environment -----965,321 ---72,576 --1,037,897 Parks and recreation ------161,979 --296,596 10,583 350,165 819,323 Capital outlay 30,532 48,292 306,353 90,206 -52,396 87,181 --3,651,692 306,688 -4,573,340 Debt service: Principal retirement --------23,985 ---23,985 Interest and fiscal charges --------1,177,672 ---1,177,672 Total Expenditures 108,392 48,292 926,131 1,959,396 214,640 1,017,717 563,291 850 1,201,657 4,383,107 317,271 350,165 11,090,909 Excess of revenues over (under) expenditures 18,034 (5,009) -(222,368) (2,682) (1,017,368) 202,763 84,552 (1,199,897) (3,510,457) (316,623) 116,753 (5,852,302) OTHER FINANCING SOURCES (USES) Transfers in ---149,430 -884,756 13,808 -1,199,740 2,000,000 -15,000 4,262,734 Transfers out -(3,000) ----(12,000) -(1,760) (10,650) --(27,410) Total Other Financing Sources (Uses) -(3,000) -149,430 -884,756 1,808 -1,197,980 1,989,350 -15,000 4,235,324 Net change in fund balance 18,034 (8,009) -(72,938) (2,682) (132,612) 204,571 84,552 (1,917) (1,521,107) (316,623) 131,753 (1,616,978) Fund balances -October 1, 2010 280,621 321,273 -1,484,493 -428,823 2,374,660 769,738 507,347 5,984,143 979,825 458,289 13,589,212 Fund balances -September 30, 2011 $ 298,655 $ 313,264 $ -$ 1,411,555 $ (2,682) $ 296,211 $ 2,579,231 $ 854,290 $ 505,430 $ 4,463,036 $ 663,202 $ 590,042 $ 11,972,234 Special Revenue CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NON-MAJOR GOVERNMENTAL FUNDS For the Fiscal Year Ended September 30, 2011 Capital Projects 74 7 5 Non-Major Enterprise Funds Enterprise funds are used to account for operations that provide a service to citizens, financed primarily by a user charge, and where the periodic measurement of net income is deemed appropriate for capital maintenance, public policy, management control, accountability or other purposes. Delray Beach Municipal Golf Course Fund – This fund is used to account for the services and activities of the City's municipal golf course. Lakeview Golf Course Fund – This fund is used to account for the services and activities of the City's executive municipal golf course. City Marina Fund – This fund is used to account for the services and activities of the City's municipal marina. Sanitation Fund – This fund is used to account for solid waste removal services for the City's residents and commercial customers. Stormwater Utility Fund – This fund is used to account for the levy of drainage assessments and construction of drainage projects. Total Municipal Lakeview Non-Major Golf Golf City Stormwater Enterprise Course Course Marina Sanitation Utility Funds ASSETS Current Assets: Cash and cash equivalents $ 20,043 $ 1,748 $ -$ -$ -$ 21,791 Accounts receivable, net 1,256 --970,410 -971,666 Due from other funds --976,523 2,313,175 3,624,845 6,914,543 Inventory 80,463 13,294 ---93,757 Prepaid expenses 57,796 16,687 ---74,483 Restricted assets Cash and cash equivalents 360,240 199,609 --59,396 619,245 Total Current Assets 519,798 231,338 976,523 3,283,585 3,684,241 8,695,485 Noncurrent Assets: Property, land and equipment Land 1,415,483 1,963,894 42,840 -1,271,853 4,694,070 Buildings 2,309,543 140,718 --1,904,722 4,354,983 Improvements other than buildings 1,201,362 899,663 1,135,794 11,958 12,426,875 15,675,652 Equipment 1,561,624 381,187 87,652 25,949 814,595 2,871,007 Construction in progress ----202,762 202,762 Accumulated depreciation (2,880,318) (766,591) (1,050,712) (34,072) (5,447,014) (10,178,707) Other asset Bond issue costs, net 25,695 15,738 ---41,433 Total Noncurrent Assets 3,633,389 2,634,609 215,574 3,835 11,173,793 17,661,200 Total Assets 4,153,187 2,865,947 1,192,097 3,287,420 14,858,034 26,356,685 LIABILITIES Current Liabilities: Accounts payable and accrued expenses 76,971 9,628 433 306,167 58,722 451,921 Unearned revenue --49,093 --49,093 Current maturities of installment agreements 33,372 ----33,372 Due to other funds 1,104,828 851,428 ---1,956,256 Refundable deposits 111,145 -17,970 --129,115 1,326,316 861,056 67,496 306,167 58,722 2,619,757 Current Liabilities Payable from Restricted Assets: Accrued interest on long-term debt 23,010 11,839 --22,714 57,563 Current maturities of revenue bonds 337,230 187,770 --36,682 561,682 360,240 199,609 --59,396 619,245 Total Current Liabilities 1,686,556 1,060,665 67,496 306,167 118,118 3,239,002 Noncurrent Liabilities: Compensated absences payable ---26,513 25,135 51,648 Net OPEB obligation ---9,625 14,438 24,063 Revenue bonds payable, net 1,400,179 625,749 --1,311,054 3,336,982 Installment agreements 31,410 ----31,410 Total Noncurrent Liabilities 1,431,589 625,749 -36,138 1,350,627 3,444,103 Total Liabilities 3,118,145 1,686,414 67,496 342,305 1,468,745 6,683,105 NET ASSETS Invested in capital assets, net of related debt 1,805,503 1,805,352 215,574 3,835 9,826,057 13,656,321 Restricted for debt service 337,230 187,770 --36,682 561,682 Unrestricted (1,107,691) (813,589) 909,027 2,941,280 3,526,550 5,455,577 Total Net Assets $ 1,035,042 $ 1,179,533 $ 1,124,601 $ 2,945,115 $ 13,389,289 $ 19,673,580 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF NET ASSETS NON-MAJOR ENTERPRISE FUNDS September 30, 2011 76 Total Municipal Lakeview Non-Major Golf Golf City Stormwater Enterprise Course Course Marina Sanitation Utility Funds OPERATING REVENUES Charges for services $ 2,820,197 $ 666,591 $ 209,145 $ 4,739,150 $ 2,112,375 $ 10,547,458 Other operating revenue 18,361 5,855 1,518 197,584 12,757 236,075 Total Operating Revenues 2,838,558 672,446 210,663 4,936,734 2,125,132 10,783,533 OPERATING EXPENSES Personal services ---270,515 589,854 860,369 Other operating expenses 2,616,519 585,319 63,988 4,021,700 586,811 7,874,337 Depreciation 256,920 41,014 72,967 1,569 427,332 799,802 Total Operating Expenses 2,873,439 626,333 136,955 4,293,784 1,603,997 9,534,508 Operating Income (Loss) (34,881) 46,113 73,708 642,950 521,135 1,249,025 NONOPERATING REVENUES (EXPENSES) Interest revenue --707 1,573 5,941 8,221 Rent revenue 33,408 -110 124,426 -157,944 Interest expense (103,939) (48,707) --(69,311) (221,957) Gain (loss) on disposal of equipment 532 (1,118) ---(586) Total Nonoperating Revenues (Expenses) (69,999) (49,825) 817 125,999 (63,370) (56,378) Income (Loss) Before Capital Contributions and Transfers (104,880) (3,712) 74,525 768,949 457,765 1,192,647 Capital Contributions 2,762 ---72,644 75,406 Transfers out (33,000) (15,000) (50,620) (182,270) (147,120) (428,010) Change In Net Assets (135,118) (18,712) 23,905 586,679 383,289 840,043 Net Assets -October 1, 2010 1,170,160 1,198,245 1,100,696 2,358,436 13,006,000 18,833,537 Net Assets -September 30, 2011 $ 1,035,042 $ 1,179,533 $ 1,124,601 $ 2,945,115 $ 13,389,289 $ 19,673,580 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS NON-MAJOR ENTERPRISE FUNDS For the Fiscal Year Ended September 30, 2011 77 Total Municipal Lakeview Non-Major Golf Golf City Stormwater Enterprise Course Course Marina Sanitation Utility Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users $ 2,846,950 $ 672,446 $ 205,387 $ 5,004,626 $ 1,781,320 $ 10,510,729 Receipts from others 33,408 -110 124,426 -157,944 Payments to suppliers (2,351,325) (409,771) (155,584) (4,686,171) (626,324) (8,229,175) Payments to employees ---(262,184) (585,310) (847,494) Net cash provided by operating activities 529,033 262,675 49,913 180,697 569,686 1,592,004 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITY Transfers to other funds (33,000) (15,000) (50,620) (182,270) (147,120) (428,010) Net cash used in noncapital financing activity (33,000) (15,000) (50,620) (182,270) (147,120) (428,010) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets (53,917) (19,983) --(322,516) (396,416) Proceeds from the sale of capital assets 8,936 ----8,936 Principal paid on capital debt (360,753) (181,708) --(35,133) (577,594) Interest paid on capital debt (83,743) (42,294) --(69,921) (195,958) Net cash used in capital and related financing activities (489,477) (243,985) --(427,570) (1,161,032) CASH FLOWS FROM INVESTING ACTIVITY Interest received --707 1,573 5,941 8,221 Net cash provided by investing activity --707 1,573 5,941 8,221 Net change in cash and cash equivalents 6,556 3,690 --937 11,183 Cash and cash equivalents -October 1, 2010 373,727 197,667 --58,459 629,853 Cash and cash equivalents -September 30, 2011 $ 380,283 $ 201,357 $ -$ -$ 59,396 $ 641,036 Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss) $ (34,881) $ 46,113 $ 73,708 $ 642,950 $ 521,135 $ 1,249,025 Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation expense 256,920 41,014 72,967 1,569 427,332 799,802 Rent revenue 33,408 -110 124,426 -157,944 Change in assets and liabilities: Accounts receivable 201 --67,892 -68,093 Due from other funds --(976,523) (2,313,175) (3,624,845) (6,914,543) Inventory 3,338 5,712 ---9,050 Prepaid expenses (6,522) (880) 687 -475 (6,240) Accounts payable and accrued expenses (10,283) (2,297) 433 (310,835) (39,988) (362,970) Unearned revenue --(6,030) --(6,030) Compensated absences payable ---4,607 (1,042) 3,565 Net OPEB obligation ---3,724 5,586 9,310 Due to other funds 278,661 173,013 883,807 1,959,539 3,281,033 6,576,053 Refundable deposits 8,191 -754 --8,945 Total adjustments 563,914 216,562 (23,795) (462,253) 48,551 342,979 Net cash provided by operating activities $ 529,033 $ 262,675 $ 49,913 $ 180,697 $ 569,686 $ 1,592,004 Non-cash capital and related financing activities Amortization of bond premiums $ (6,099) $ (3,735) $ -$ -$ -$ (9,834) Amortization of debt issue costs $ 5,410 $ 3,312 $ -$ -$ -$ 8,722 Amortization of deferred loss on refundings $ 24,849 $ 9,000 $ -$ -$ -$ 33,849 Capital contributions $ 2,762 $ -$ -$ -$ 72,644 $ 75,406 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CASH FLOWS NON-MAJOR ENTERPRISE FUNDS For the Fiscal Year Ended September 30, 2011 78 7 9 Internal Service Funds Internal Service Funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the City, or to other governmental units, on a cost reimbursement basis. Insurance Fund – This fund is used to account for the payment of insurance claims against the City for certain self-insured coverages and for the payment of health insurance premiums. In addition, expenses related to reinsurance and claims administration are paid from this fund. Central Garage Fund – This fund is used to account for the central garage operation of the City. Total Central Internal Insurance Garage Service Funds ASSETS Current Assets: Cash and cash equivalents $ 1,741,251 $ 100 $ 1,741,351 Investments 1,500,000 -1,500,000 Accounts receivable, net 28,851 -28,851 Due from other funds 5,140,907 2,153,685 7,294,592 Inventory -49,727 49,727 Prepaid expenses 392,452 200 392,652 Total Current Assets 8,803,461 2,203,712 11,007,173 Noncurrent Assets: Property, land and equipment Buildings -88,185 88,185 Equipment 137,265 18,774,819 18,912,084 Construction in progress -569,887 569,887 Accumulated depreciation (34,792) (11,845,035) (11,879,827) Total Noncurrent Assets 102,473 7,587,856 7,690,329 Total Assets 8,905,934 9,791,568 18,697,502 LIABILITIES Current Liabilities: Accounts payable and accrued expenses 933,445 28,813 962,258 Compensated absences payable 1,270 -1,270 Insurance claims payable 1,471,930 -1,471,930 Total Current Liabilities 2,406,645 28,813 2,435,458 Noncurrent Liabilities: Long-term portion of compensated absences payable 49,321 70,710 120,031 Net OPEB obligation 9,625 28,876 38,501 Long-term portion of insurance claims payable 2,524,981 -2,524,981 Total Noncurrent Liabilities 2,583,927 99,586 2,683,513 Total Liabilities 4,990,572 128,399 5,118,971 NET ASSETS Invested in capital assets 102,473 7,587,856 7,690,329 Unrestricted 3,812,889 2,075,313 5,888,202 Total Net Assets $ 3,915,362 $ 9,663,169 $ 13,578,531 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF NET ASSETS INTERNAL SERVICE FUNDS September 30, 2011 80 Total Central Internal Insurance Garage Service Funds OPERATING REVENUES Charges for services $ 11,807,702 $ 3,086,534 $ 14,894,236 Other operating revenue 567,990 1,867,533 2,435,523 Total Operating Revenues 12,375,692 4,954,067 17,329,759 OPERATING EXPENSES Personal services 319,444 874,259 1,193,703 Other operating expenses 12,371,549 2,185,083 14,556,632 Depreciation 17,012 1,777,610 1,794,622 Total Operating Expenses 12,708,005 4,836,952 17,544,957 Operating Income (Loss) (332,313) 117,115 (215,198) NONOPERATING REVENUES Interest revenue 15,304 1,716 17,020 Insurance recoveries -37,073 37,073 Gain on disposal of equipment -113,449 113,449 Total Nonoperating Revenues 15,304 152,238 167,542 Income (Loss) Before Capital Contributions (317,009) 269,353 (47,656) Capital contributions -52,322 52,322 Change In Net Assets (317,009) 321,675 4,666 Net Assets -October 1, 2010 4,232,371 9,341,494 13,573,865 Net Assets -September 30, 2011 $ 3,915,362 $ 9,663,169 $ 13,578,531 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS INTERNAL SERVICE FUNDS For the Fiscal Year Ended September 30, 2011 81 Total Central Internal Insurance Garage Service Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users $ 13,492,079 $ 5,036,047 $ 18,528,126 Receipts from others -37,073 37,073 Payments to suppliers (13,142,272) (2,368,658) (15,510,930) Payments to employees (310,226) (859,575) (1,169,801) Net cash provided by operating activities 39,581 1,844,887 1,884,468 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets (1,304) (1,981,022) (1,982,326) Proceeds from the sale of capital assets -134,416 134,416 Net cash used in capital and related financing activities (1,304) (1,846,606) (1,847,910) CASH FLOWS FROM INVESTING ACTIVITY Interest received 15,304 1,719 17,023 Net cash provided by investing activity 15,304 1,719 17,023 Net change in cash and cash equivalents 53,581 -53,581 Cash and cash equivalents -October 1, 2010 1,687,670 100 1,687,770 Cash and cash equivalents -September 30, 2011 $ 1,741,251 $ 100 $ 1,741,351 Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss) $ (332,313) $ 117,115 $ (215,198) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation expense 17,012 1,777,610 1,794,622 Insurance recoveries -37,073 37,073 Change in assets and liabilities: Accounts receivable (737) -(737) Due from other funds 1,117,124 81,980 1,199,104 Inventory -(798) (798) Prepaid expenses (371,101) -(371,101) Accounts payable and accrued expenses (131,314) (182,777) (314,091) Compensated absences payable 5,494 3,512 9,006 Insurance claims payable (268,308) -(268,308) Net OPEB obligation 3,724 11,172 14,896 Total adjustments 371,894 1,727,772 2,099,666 Net cash provided by operating activities $ 39,581 $ 1,844,887 $ 1,884,468 NON-CASH CAPITAL AND RELATED FINANCING ACTIVITY Equipment contributed from governmental capital assets $ -$ 52,322 $ 52,322 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS For the Fiscal Year Ended September 30, 2011 82 8 3 Fiduciary Funds Fiduciary Funds are used to account for assets held in trust or as an agent by the City for others and include pension trust funds. General Employees' Pension Fund – This fund is used to account for assets held in a trustee capacity for the retirement pensions of all permanent, full-time City employees except those covered by the Police and Firefighters' Retirement System Fund. Police and Firefighters' Retirement System Fund – This fund is used to account for assets held in a trustee capacity for the retirement pensions of all noncivilian police and fire department employees. Police and General Firefighters' Total Employees' Retirement Pension Trust Pension System Funds ASSETS Cash and cash equivalents $ 503,414 $ 2,415,921 $ 2,919,335 Investments: U.S. Government securities and mutual funds -2,966,260 2,966,260 U.S. Government agency securities -7,403,586 7,403,586 Municipal obligations -253,251 253,251 Domestic fixed income investment fund -5,480,664 5,480,664 Corporate bonds and mutual funds -17,184,563 17,184,563 Equity securities and mutual funds 14,852,313 42,658,659 57,510,972 Alternative investments 62,437,784 30,720,929 93,158,713 DROP particpant directed mutual funds -11,918,742 11,918,742 Due from broker for securities sold -5,558 5,558 Employee contributions receivable 38,580 80,446 119,026 Employer contributions receivable -291,641 291,641 Prepaid expenses 75,678 224,361 300,039 Interest and dividends receivable 30,296 277,281 307,577 Total Assets 77,938,065 121,881,862 199,819,927 LIABILITIES Accounts payable 36,166 146,910 183,076 Due to broker for securities purchased -129,172 129,172 Total Liabilities 36,166 276,082 312,248 NET ASSETS Held in trust for pension benefits $ 77,901,899 $ 121,605,780 $ 199,507,679 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF PLAN NET ASSETS PENSION TRUST FUNDS September 30, 2011 84 Police and General Firefighters' Total Employees' Retirement Pension Trust Pension System Funds ADDITIONS Contributions Employer $ 2,305,392 $ 8,007,046 $ 10,312,438 State -1,614,377 1,614,377 Plan members 679,141 1,299,006 1,978,147 Total contributions 2,984,533 10,920,429 13,904,962 Investment earnings Net appreciation (depreciation) in fair value of investments 722,257 (1,114,998) (392,741) Interest and dividends 288,906 2,944,616 3,233,522 1,011,163 1,829,618 2,840,781 Less investment expenses -custodian fees 134,188 499,844 634,032 Net investment earnings 876,975 1,329,774 2,206,749 Other income 40,783 109,548 150,331 Total additions 3,902,291 12,359,751 16,262,042 DEDUCTIONS Benefits 3,859,290 8,822,285 12,681,575 Refunds of contributions 44,546 62,209 106,755 Other operating expenses 137,967 224,458 362,425 Total deductions 4,041,803 9,108,952 13,150,755 Change In Net Assets (139,512) 3,250,799 3,111,287 Net Assets -October 1, 2010 78,041,411 118,354,981 196,396,392 Net Assets -September 30, 2011 $ 77,901,899 $ 121,605,780 $ 199,507,679 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CHANGES IN PLAN NET ASSETS PENSION TRUST FUNDS For the Fiscal Year Ended September 30, 2011 85 Other Supplementary Information Final Amended Budget Actual Variance Positive (Negative) Revenue: Taxes: Ad valorem $ 47,139,830 $ 47,467,480 $ 327,650 Sales and use 1,310,000 1,293,963 (16,037) Utility 4,850,000 5,066,109 216,109 Communications Services Tax 3,750,000 3,711,866 (38,134) Business tax receipts 690,000 702,394 12,394 Total taxes 57,739,830 58,241,812 501,982 Fees and permits: Building permits 2,025,500 2,166,252 140,752 Franchise fees 4,665,020 4,857,533 192,513 Miscellaneous 999,800 834,050 (165,750) License fees 72,000 100,125 28,125 Total fees and permits 7,762,320 7,957,960 195,640 Intergovernmental: Federal shared revenue: Hazmat Sustainment 151,588 7,785 (143,803) Speed Enforcement Program 33,523 28,768 (4,755) Justice Assistance Grants 67,570 53,157 (14,413) Total federal shared revenue 252,681 89,710 (162,971) State shared revenue: State revenue sharing 1,595,000 1,701,690 106,690 Local government sales tax 4,025,000 4,068,929 43,929 Alcoholic beverage licenses tax 72,000 72,789 789 Municipal fuel tax refund 48,000 50,715 2,715 Mobile home licenses tax 1,000 531 (469) Fire incentive 51,960 58,758 6,798 State grants 29,708 29,708 -Total state shared revenue 5,822,668 5,983,120 160,452 Shared revenue from local units: County occupational licenses 120,000 115,672 (4,328) Total shared revenue from local units 120,000 115,672 (4,328) Total intergovernmental 6,195,349 6,188,502 (6,847) Continued on next page. Schedules of Revenue and Other Financing Sources— Budget and Actual—General Fund City of Delray Beach, Florida For the Fiscal Year Ended September 30, 2011 86 Final Amended Budget Actual Variance Positive (Negative) Revenue (continued): Charges for services: General government $ 622,910 $ 523,291 $ (99,619) Public safety 6,392,330 5,749,990 (642,340) Physical environment 91,000 84,504 (6,496) Parking 1,264,400 1,330,060 65,660 Culture and recreation 1,051,600 1,169,235 117,635 Total charges for services 9,422,240 8,857,080 (565,160) Fines and forfeitures: Court 734,000 904,381 170,381 Penalties on licenses and permits 70,000 50,360 (19,640) Violations of local ordinances 136,500 117,519 (18,981) Total fines and forfeitures 940,500 1,072,260 131,760 Miscellaneous: Interest 166,500 178,323 11,823 Rents and special assessments 270,100 276,019 5,919 Sale of capital assets 2,000 1,903 (97) Contributions and donations 2,542,883 2,539,163 (3,720) Recovery of administrative costs 2,628,750 2,446,000 (182,750) Other 258,054 389,896 131,842 Total miscellaneous 5,868,287 5,831,304 (36,983) Total revenue 87,928,526 88,148,918 220,392 Other financing sources: Transfers in: Water and Sewer Fund 1,811,020 1,811,020 -Delray Beach Municipal Golf Course Fund 48,000 48,000 -City Marina Fund 50,620 50,620 -Utilities Tax Fund 1,568,100 1,566,360 (1,740) Sanitation Fund 85,270 85,270 -Stormwater Utility Fund 147,120 147,120 -Special Projects Fund 12,000 12,000 -Total other financing sources 3,722,130 3,720,390 (1,740) Total revenue and other financing sources $ 91,650,656 91,869,308 $ 218,652 Reconciliation to GAAP basis statements: On-behalf payments 1,614,377 Revenue and other financing sources -GAAP basis $ 93,483,685 City of Delray Beach, Florida Schedules of Revenue and Other Financing Sources— Budget and Actual—General Fund (Continued) For the Fiscal Year Ended September 30, 2011 87 Original Budget Final Amended Budget Current Year Expenditures Current Year Encumbrances Outstanding Total Expenditures and Encumbrances Unencumbered Balance Lapsed General government: City commission $ 229,210 $ 244,889 $ 213,816 $ 9,000 $ 222,816 $ 22,073 City manager 516,560 529,742 530,388 -530,388 (646) Human resources 514,230 520,340 518,549 -518,549 1,791 Public information office 94,190 108,160 104,535 -104,535 3,625 City clerk 562,850 539,310 519,935 -519,935 19,375 Finance 1,611,500 1,638,530 1,565,204 14,866 1,580,070 58,460 Information technology 1,575,560 1,592,810 1,548,853 -1,548,853 43,957 City attorney 851,380 896,494 790,389 -790,389 106,105 Administrative services administration 636,380 641,890 620,809 -620,809 21,081 Clean and Safe 225,900 201,420 201,056 -201,056 364 Cemetery 360,980 362,960 373,534 103 373,637 (10,677) Old School Square 194,750 194,750 194,750 -194,750 -Library 1,453,500 1,453,500 1,453,500 -1,453,500 -Miscellaneous grants 158,250 208,250 213,552 -213,552 (5,302) Transfers to component units 6,456,030 6,446,350 6,418,010 -6,418,010 28,340 Miscellaneous (nondepartmental) 27,700 38,233 42,301 -42,301 (4,068) Total general government 15,468,970 15,617,628 15,309,181 23,969 15,333,150 284,478 Public safety: Law enforcement 26,241,690 27,271,391 26,506,501 47,011 26,553,512 717,879 Fire control 22,145,020 22,450,235 22,222,530 39,884 22,262,414 187,821 Community improvement administration 449,450 452,020 445,512 -445,512 6,508 Planning and zoning 1,123,050 1,142,216 1,116,306 -1,116,306 25,910 Building inspection 1,292,800 1,288,620 1,256,552 -1,256,552 32,068 Code compliance 938,220 963,320 949,991 3,200 953,191 10,129 Total public safety 52,190,230 53,567,802 52,497,392 90,095 52,587,487 980,315 Physical environment: Engineering 208,020 277,520 242,270 5,450 247,720 29,800 Parking facilities 982,730 978,190 881,957 -881,957 96,233 Public works: Traffic operations 419,450 420,460 435,056 750 435,806 (15,346) Administration 179,680 181,210 178,548 -178,548 2,662 Street lighting 814,560 832,840 703,253 30,000 733,253 99,587 Street maintenance 801,180 802,010 784,016 -784,016 17,994 Building maintenance 579,420 581,370 555,449 -555,449 25,921 Total physical environment 3,985,040 4,073,600 3,780,549 36,200 3,816,749 256,851 Continued on next page. Schedules of Expenditures, Encumbrances and Other Financing Uses—Compared with Appropriations—General Fund City of Delray Beach, Florida For the Fiscal Year Ended September 30, 2011 88 Original Budget Final Amended Budget Current Year Expenditures Current Year Encumbrances Outstanding Total Expenditures and Encumbrances Unencumbered Balance Lapsed Parks and recreation: Administration $ 605,070 $ 606,076 $ 587,640 $ -$ 587,640 $ 18,436 After school program 499,000 474,516 434,871 -434,871 39,645 Teen center 246,730 247,170 233,287 -233,287 13,883 Beach operations 1,418,810 1,440,457 1,415,658 -1,415,658 24,799 Catherine Strong Park 172,770 167,870 154,846 -154,846 13,024 Community center 278,540 272,086 264,162 -264,162 7,924 Veteran’s park 140,570 141,129 139,696 -139,696 1,433 C. Spencer Pompey Park 879,120 821,840 784,936 -784,936 36,904 Parks maintenance 3,824,990 3,916,659 3,879,666 -3,879,666 36,993 Special events 126,120 127,030 128,990 -128,990 (1,960) Tennis centers 1,130,350 1,176,415 1,144,856 499 1,145,355 31,060 Stadium 2,154,390 2,132,240 2,091,098 -2,091,098 41,142 Aquatics 356,310 381,430 364,016 -364,016 17,414 Athletics 477,010 478,082 452,244 250 452,494 25,588 Total parks and recreation 12,309,780 12,383,000 12,075,966 749 12,076,715 306,285 Debt service: Principal retirement 3,587,380 3,501,380 3,466,375 -3,466,375 35,005 Interest and fiscal charges 1,549,140 1,547,140 1,546,191 -1,546,191 949 Total debt service 5,136,520 5,048,520 5,012,566 -5,012,566 35,954 Total expenditures and encumbrances 89,090,540 90,690,550 88,675,654 151,013 88,826,667 1,863,883 Other financing uses: Transfers out to other funds: Community Development Fund 149,430 149,430 149,430 -149,430 -Beautification Fund 900,000 900,000 879,566 -879,566 20,434 Utilities Tax Fund 1,199,740 1,199,740 1,199,740 -1,199,740 -Capital Improvement Fund 2,000,000 2,000,000 2,000,000 -2,000,000 -Special Project Fund -158 158 -158 -Beach Restoration Fund 15,000 15,000 15,000 -15,000 -Total other financing uses 4,264,170 4,264,328 4,243,894 -4,243,894 20,434 Total expenditures, encumbrances and other financing uses $ 93,354,710 $ 94,954,878 $ 92,919,548 $ 151,013 93,070,561 $ 1,884,317 Reconciliation to GAAP basis statements: Current year encumbrances outstanding (151,013) Prior year encumbrances paid in current year 259,283 On-behalf payments 1,614,377 Expenditures and other financing uses -GAAP basis $ 94,793,208 City of Delray Beach, Florida Schedules of Expenditures, Encumbrances and Other Financing Uses—Compared with Appropriations—General Fund (continued) For the Fiscal Year Ended September 30, 2011 89 Schedules of Debt Service Requirements Fiscal Year Ending September 30 General Obligation Bonds Revenue Bonds Water and Sewer Revenue Bonds Installment Agreements Total Requirements 2012 $ 3,573,840 $ 3,557,502 $ 5,312,521 $ 103,628 $ 12,547,491 2013 3,569,827 6,564,315 5,866,575 94,992 16,095,709 2014 2,168,937 3,341,602 5,869,966 -11,380,505 2015 2,167,092 3,343,718 5,867,438 -11,378,248 2016 2,171,935 3,342,026 2,058,758 -7,572,719 2017 2,174,200 2,793,154 2,058,209 -7,025,563 2018 2,179,513 2,793,728 2,055,321 -7,028,562 2019 2,176,519 2,801,632 2,050,093 -7,028,244 2020 2,184,761 2,591,500 2,052,307 -6,828,568 2021 2,188,864 2,587,750 2,066,464 -6,843,078 2022 2,188,760 2,590,750 2,062,611 -6,842,121 2023 2,194,413 2,590,000 --4,784,413 2024 2,205,589 2,590,500 --4,796,089 2025 -2,592,000 --2,592,000 2026 -2,589,250 --2,589,250 2027 -2,592,250 --2,592,250 2028 -2,590,500 --2,590,500 2029 -2,589,000 --2,589,000 2030 -2,587,500 --2,587,500 2031 -2,590,750 --2,590,750 2032 -2,588,250 --2,588,250 $ 31,144,250 $ 62,207,677 $ 37,320,263 $ 198,620 $ 130,870,810 City of Delray Beach, Florida Summary Schedule of Debt Service Requirements (Principal and Interest) to Maturity 90 Fiscal Year Ending September 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2012 $ 2,600,000 $ 973,840 $ 3,573,840 $ 27,570,410 2013 2,720,000 849,827 3,569,827 24,000,583 2014 1,410,000 758,937 2,168,937 21,831,646 2015 1,465,000 702,092 2,167,092 19,664,554 2016 1,530,000 641,935 2,171,935 17,492,619 2017 1,595,000 579,200 2,174,200 15,318,419 2018 1,665,000 514,513 2,179,513 13,138,906 2019 1,730,000 446,519 2,176,519 10,962,387 2020 1,810,000 374,761 2,184,761 8,777,626 2021 1,890,000 298,864 2,188,864 6,588,762 2022 1,970,000 218,760 2,188,760 4,400,002 2023 2,060,000 134,413 2,194,413 2,205,589 2024 2,160,000 45,589 2,205,589 -$ 24,605,000 $ 6,539,250 $ 31,144,250 City of Delray Beach, Florida Combined Schedule of General Obligation Bond Debt Service Requirements 91 Principal February 1 February 1 August 1 Total $ 1,960,000 $ 100,375 $ 51,375 $ 2,111,750 $ 2,106,375 5.00% 2,055,000 51,375 -2,106,375 -5.00 $ 4,015,000 $ 151,750 $ 51,375 $ 4,218,125 Original Authorization – $18,000,000 Issued – $15,685,000 Date of Issue – December 19, 2002 Maturity Range – Serially February 1, 2004 through February 1, 2013 Principal Payment Date – February 1 of each year Interest Payment Dates – February 1 and August 1 Denomination – $5,000 Call Features – No optional or mandatory redemption Paying Agent/Registrar – Wells Fargo Coral Springs, Florida Ratings – Moody’s Aaa (FSA insured) Standard & Poor’s AAA (FSA insured) Projects: Balance Outstanding at End of Fiscal Year 2013The bonds were issued for financing the cost of partially refunding the General Obligation Bonds (Series 1993A & 1993B). 2012 City of Delray Beach, Florida Schedule of General Obligation Bonds (Series 2002) Fiscal Year Ending September 30 Interest Interest Rate 92 Principal February 1 February 1 August 1 Total $ 640,000 $ 209,545 $ 197,545 $ 1,047,090 $ 12,578,121 3.75% 665,000 197,545 185,907 1,048,452 11,529,669 3.50 690,000 185,907 172,970 1,048,877 10,480,792 3.75 715,000 172,970 159,564 1,047,534 9,433,258 3.75 745,000 159,564 144,664 1,049,228 8,384,030 4.00 775,000 144,664 130,133 1,049,797 7,334,233 3.75 805,000 130,133 114,837 1,049,970 6,284,263 3.80 835,000 114,837 98,555 1,048,392 5,235,871 3.90 870,000 98,555 81,155 1,049,710 4,186,161 4.00 905,000 81,155 62,602 1,048,757 3,137,404 4.10 940,000 62,602 42,863 1,045,465 2,091,939 4.20 980,000 42,863 22,038 1,044,901 1,047,038 4.25 1,025,000 22,038 -1,047,038 -4.30 $ 10,590,000 $ 1,622,378 $ 1,412,833 $ 13,625,211 Original Authorization – $24,000,000 Issued – $14,000,000 Date of Issue – September 30, 2004 Maturity Range – Serially February 1, 2005 through February 1, 2024 Principal Payment Date – February 1 of each year Interest Payment Dates – February 1 and August 1 Denomination – $5,000 Call Features – No optional or mandatory redemption Paying Agent/Registrar – Wells Fargo Coral Springs, Florida Ratings – Moody’s Aaa (FSA insured) Standard & Poor’s AAA (FSA insured) Projects: 2023 2019 2020The bonds were issued for the purpose of acquiring land and constructing and developing parks and recreation facilities in the City. 2024 2022 2018 Interest Rate Balance Outstanding at End of Fiscal Year 2013 2014 2015 2016 2012 2021 2017 City of Delray Beach, Florida Schedule of General Obligation Bonds (Series 2004) Fiscal Year Ending September 30 Interest 93 Principal February 1 February 1 August 1 Total $ -$ 207,500 $ 207,500 $ 415,000 $ 12,885,914 4.15% -207,500 207,500 415,000 12,470,914 4.15 720,000 207,500 192,560 1,120,060 11,350,854 4.15 750,000 192,560 176,998 1,119,558 10,231,296 4.15 785,000 176,998 160,709 1,122,707 9,108,589 4.15 820,000 160,709 143,694 1,124,403 7,984,186 4.15 860,000 143,694 125,849 1,129,543 6,854,643 4.15 895,000 125,849 107,278 1,128,127 5,726,516 4.15 940,000 107,278 87,773 1,135,051 4,591,465 4.15 985,000 87,773 67,334 1,140,107 3,451,358 4.15 1,030,000 67,334 45,961 1,143,295 2,308,063 4.15 1,080,000 45,961 23,551 1,149,512 1,158,551 4.15 1,135,000 23,551 -1,158,551 -4.15 $ 10,000,000 $ 1,754,207 $ 1,546,707 $ 13,300,914 Original Authorization – $24,000,000 Issued – $10,000,000 Date of Issue – August 26, 2005 Maturity Range – Serially February 1, 2014 through February 1, 2024 Principal Payment Date – February 1 of each year Interest Payment Dates – February 1 and August 1 Denomination – $5,000 Call Features – Penalty with early prepayment Paying Agent – SunTrust Bank, NA Ratings – N/A Projects: City of Delray Beach, Florida Schedule of General Obligation Bonds (Series 2005) Fiscal Year Ending September 30 Interest Interest Rate Balance Outstanding at End of Fiscal Year 2012 2024The bonds were issued for the purpose of acquiring land and constructing and developing parks and recreation facilities in the City. 2022 2019 2020 2021 2013 2014 2015 2016 2017 2018 2023 94 Fiscal Year Ending September 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2012 $ 1,630,000 $ 1,927,502 $ 3,557,502 $ 58,650,175 2013 4,705,000 1,859,315 6,564,315 52,085,860 2014 1,710,000 1,631,602 3,341,602 48,744,258 2015 1,785,000 1,558,718 3,343,718 45,400,540 2016 1,860,000 1,482,026 3,342,026 42,058,514 2017 1,390,000 1,403,154 2,793,154 39,265,360 2018 1,450,000 1,343,728 2,793,728 36,471,632 2019 1,520,000 1,281,632 2,801,632 33,670,000 2020 1,375,000 1,216,500 2,591,500 31,078,500 2021 1,440,000 1,147,750 2,587,750 28,490,750 2022 1,515,000 1,075,750 2,590,750 25,900,000 2023 1,590,000 1,000,000 2,590,000 23,310,000 2024 1,670,000 920,500 2,590,500 20,719,500 2025 1,755,000 837,000 2,592,000 18,127,500 2026 1,840,000 749,250 2,589,250 15,538,250 2027 1,935,000 657,250 2,592,250 12,946,000 2028 2,030,000 560,500 2,590,500 10,355,500 2029 2,130,000 459,000 2,589,000 7,766,500 2030 2,235,000 352,500 2,587,500 5,179,000 2031 2,350,000 240,750 2,590,750 2,588,250 2032 2,465,000 123,250 2,588,250 -$ 40,380,000 $ 21,827,677 $ 62,207,677 City of Delray Beach, Florida Combined Schedule of Revenue Bond Debt Service Requirements (Principal and Interest) 95 June 1 December 1 June 1 Total 2012 $ 495,000 $ 114,341 $ 114,341 $ 723,682 $ 4,688,989 5.245% 2013 520,000 101,360 101,359 722,719 3,966,270 5.245 2014 545,000 87,723 87,723 720,446 3,245,824 5.245 2015 580,000 73,430 73,430 726,860 2,518,964 5.245 2016 510,000 58,219 58,219 626,438 1,892,526 5.245 2017 540,000 44,845 44,845 629,690 1,262,836 5.245 2018 570,000 30,683 30,683 631,366 631,470 5.245 2019 600,000 15,735 15,735 631,470 -5.245 $ 4,360,000 $ 526,336 $ 526,335 $ 5,412,671 Original Authorization – $10,000,000 Issued – $10,000,000 Date of Issue – February 25, 2000 Maturity Range – Serial Bonds: June 1, 1999 through June 1, 2019 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year Pledged Revenue – Non-ad valorem tax revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – Bank of America Ratings – N/A Projects: Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to finance all or a portion of the costs of certain roadway improvements including water, sewer and drainage work, and a portion of the costs of a tri-party radio system. Approximately 74% of the bonds are governmental activities debt and 26% is business-type activities debt. City of Delray Beach, Florida Schedule of Revenue Bonds (Series 2000) Interest Balance Outstanding at End of Fiscal Year Interest Rate 96 June 1 December 1 June 1 Total 2012 $ 485,000 $ 45,870 $ 45,870 $ 576,740 $ 2,014,636 3.70% 2013 510,000 36,898 36,898 583,796 1,430,840 3.85 2014 420,000 27,080 27,080 474,160 956,680 4.00 2015 440,000 18,680 18,680 477,360 479,320 4.10 2016 460,000 9,660 9,660 479,320 -4.20 $ 2,315,000 $ 138,188 $ 138,188 $ 2,591,376 Original Authorization – $16,500,000 Issued – $15,020,000 Serial Bonds Date of Issue – December 19, 2002 Maturity Range – Serial Bonds: June 1, 2003 through June 1, 2016 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year for both serial and term bonds Pledged Revenue – Utilities service tax revenues Denomination – $5,000 Call Features – Serial Bonds: June 1, 2003 through May 31, 2014 --No redemption June 1, 2014 through May 31, 2016 at 100% Paying Agent/Registrar – Wells Fargo, Coral Springs, Florida Ratings – Moody’s Aaa (FSA insured) Standard & Poor’s AAA (FSA insured) Projects: The bonds were issued to refund the City's outstanding Utility Tax Revenue Bonds, Series 1992, Series 1994, Series 1995, Series 1996, and Series 1998. Approximately 19% of the bonds are governmental activities debt and approximately 81% of the bonds are business-type activities debt. City of Delray Beach, Florida Schedule of Utility Tax Revenue Bonds (Series 2002) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending September 30 Serial Bond Principal 97 June 1 December 1 June 1 Total 2012 $ 630,000 $ 112,057 $ 112,057 $ 854,114 $ 6,349,012 3.66% 2013 655,000 100,531 100,531 856,062 5,492,950 3.66 2014 675,000 88,548 88,548 852,096 4,640,854 3.66 2015 695,000 76,199 76,199 847,398 3,793,456 3.66 2016 820,000 63,484 63,484 946,968 2,846,488 3.66 2017 850,000 48,482 48,482 946,964 1,899,524 3.66 2018 880,000 32,931 32,931 945,862 953,662 3.66 2019 920,000 16,831 16,831 953,662 -3.66 $ 6,125,000 $ 539,063 $ 539,063 $ 7,203,126 Original Authorization – $9,685,000 Issued – $9,685,000 Serial Bonds Date of Issue – December 2, 2003 Maturity Range – Serial Bonds: June 1, 2003 through June 1, 2019 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year for both serial and term bonds Pledged Revenue – Non-ad valorem tax revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – SunTrust Bank Ratings – N/A Projects: The bonds were issued to current refund Series 1999 and Series 2002 Tax Exempt Bonds, in whole, and Series 2002 Taxable Bonds in part. Approximately 95% of the bonds are governmental activities debt and approximately 5% of the bonds are business-type activities debt. City of Delray Beach, Florida Schedule of Revenue Refunding and Improvement Bonds (Series 2003) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending September 30 Serial Bond Principal 98 June 1 December 1 June 1 Total 2012 $ 20,000 $ 613,250 $ 613,250 $ 1,246,500 $ 42,441,500 4.00% 2013 20,000 612,850 612,850 1,245,700 41,195,800 4.00 2014 70,000 612,450 612,450 1,294,900 39,900,900 4.00 2015 70,000 611,050 611,050 1,292,100 38,608,800 4.00 2016 70,000 609,650 609,650 1,289,300 37,319,500 4.00 2017 -608,250 608,250 1,216,500 36,103,000 0.00 2018 -608,250 608,250 1,216,500 34,886,500 0.00 2019 -608,250 608,250 1,216,500 33,670,000 0.00 2020 1,375,000 608,250 608,250 2,591,500 31,078,500 5.00 2021 1,440,000 573,875 573,875 2,587,750 28,490,750 5.00 2022 1,515,000 537,875 537,875 2,590,750 25,900,000 5.00 2023 1,590,000 500,000 500,000 2,590,000 23,310,000 5.00 2024 1,670,000 460,250 460,250 2,590,500 20,719,500 5.00 2025 1,755,000 418,500 418,500 2,592,000 18,127,500 5.00 2026 1,840,000 374,625 374,625 2,589,250 15,538,250 5.00 2027 1,935,000 328,625 328,625 2,592,250 12,946,000 5.00 2028 2,030,000 280,250 280,250 2,590,500 10,355,500 5.00 2029 2,130,000 229,500 229,500 2,589,000 7,766,500 5.00 2030 2,235,000 176,250 176,250 2,587,500 5,179,000 5.00 2031 2,350,000 120,375 120,375 2,590,750 2,588,250 5.00 2032 2,465,000 61,625 61,625 2,588,250 -5.00 $ 24,580,000 $ 9,554,000 $ 9,554,000 $ 43,688,000 Original Authorization – $27,000,000 Issued – $24,635,000 Serial Bonds Date of Issue – September 26, 2007 Maturity Range – Serial Bonds: June 1, 2010 through June 1, 2027; Term Bonds: June 1, 2028 through June 1,2032 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year for both serial and term bonds Pledged Revenue – Utilities service tax revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – Commerce Bank Ratings – S&P: AAA, Moody's Aaa Underlying Ratings – S&P: A, Moody's A2 Projects: Serial Bond Principal The bonds were issued to finance various parks and recreation projects, Fire Station #4, Environmental Services Building (in part), and to refund the City’s 2005 Line of Credit (which was used to fund the Old School Square Parking Garage Project). Approximately 96% of the bonds are governmental activities debt and approximately 4% of the bonds are business-type activities debt. City of Delray Beach, Florida Schedule of Utility Tax Revenue Bonds (Series 2007) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending September 30 99 June 1 December 1 June 1 Total 2012 $ -$ 78,233 $ 78,233 $ 156,466 $ 3,156,038 (1) 3,000,000 78,233 77,805 3,156,038 -(1) $ 3,000,000 $ 156,466 $ 156,038 $ 3,312,504 Original Authorization – $3,000,000 Issued – $3,000,000 Date of Issue – September 26, 2008 Maturity – June 1, 2013 Principal Payment Date – Required upon maturity Interest Payment Dates – June 1 and December 1 of each year Pledged Revenue – Non-ad valorem tax revenues Denomination – N/A Call Features – No prepayment penalty Paying Agent – TD Bank, N.A. Ratings – N/A Interest – Variable rate based on the 30-day LIBOR (London Inter Bank Offered Rate) plus sixty two and one half basis points (.625). Rate at September 30, 2011 was .88125%. Projects: (1) Estimated rate for the period. (Taxable) 2013 The bonds were issued to provide interim financing for a portion of the City's Old School Square Parking Garage Project including land acquisition. Interest Rate (1) Principal City of Delray Beach, Florida Schedule of Revenue Bonds (Series 2008) Fiscal Year Ending September 30 Interest Balance Outstanding at End of Fiscal Year 100 Fiscal Year Ending September 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2012 $ 1,915,737 $ 3,396,784 $ 5,312,521 $ 32,007,742 2013 2,343,206 3,523,369 5,866,575 26,141,167 2014 2,276,725 3,593,241 5,869,966 20,271,201 2015 2,223,726 3,643,712 5,867,438 14,403,763 2016 1,620,000 438,758 2,058,758 12,345,005 2017 1,680,000 378,209 2,058,209 10,286,796 2018 1,740,000 315,321 2,055,321 8,231,475 2019 1,800,000 250,093 2,050,093 6,181,382 2020 1,870,000 182,307 2,052,307 4,129,075 2021 1,955,000 111,464 2,066,464 2,062,611 2022 2,025,000 37,611 2,062,611 -$ 21,449,394 $ 15,870,869 $ 37,320,263 City of Delray Beach, Florida Combined Schedule of Water and Sewer Revenue Bonds 101 October 1 October 1 April 1 Total 2012 $ 1,575,737 $ 2,899,263 $ -$ 4,475,000 $ 13,425,000 5.80% 2013 1,488,206 2,986,794 -4,475,000 8,950,000 5.80 2014 1,391,725 3,083,275 -4,475,000 4,475,000 5.85 2015 1,313,726 3,161,274 -4,475,000 -5.85 $ 5,769,394 $ 12,130,606 $ -$ 17,900,000 Original Authorization – $28,104,475 Issued – $28,104,475 Date of Issue – June 1, 1993 Maturity Range – Capital Appreciation Bonds, Serially October 1, 1999 through October 1, 2014 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 Pledged Revenue – Utility system net revenues Denomination – $5,000 Call Features – No optional or mandatory redemption. Paying Agent/Registrar – Wachovia National Bank Jacksonville, Florida Ratings – Moody’s Aaa (AMBAC insured) Standard and Poor’s AAA (AMBAC insured) Projects: September 30 City of Delray Beach, Florida Schedule of Water and Sewer Revenue Bonds (Series 1993) The bonds were issued for financing the cost of refunding a portion of the Water and Sewer Revenue Bonds (Series 1988) and (Series 1991), and to provide funds for the acquisition and construction of certain additions, extensions and improvements to the City's combined utility. Interest Rate Serial Bond Principal Balance Outstanding at End of Fiscal Year Fiscal Year Ending Interest 102 October 1 October 1 April 1 Total 2012 $ 130,000 $ 36,815 $ 34,228 $ 201,043 $ 2,089,550 3.98% 2013 135,000 34,228 31,542 200,770 1,888,780 3.98 2014 140,000 31,542 28,756 200,298 1,688,482 3.98 2015 145,000 28,756 25,870 199,626 1,488,856 3.98 2016 165,000 25,870 22,587 213,457 1,275,399 3.98 2017 170,000 22,587 19,204 211,791 1,063,608 3.98 2018 180,000 19,204 15,622 214,826 848,782 3.98 2019 185,000 15,622 11,940 212,562 636,220 3.98 2020 195,000 11,940 8,060 215,000 421,220 3.98 2021 200,000 8,060 4,080 212,140 209,080 3.98 2022 205,000 4,080 -209,080 -3.98 $ 1,850,000 $ 238,704 $ 201,889 $ 2,290,593 Original Authorization – $2,350,000 Issued – $2,350,000 Date of Issue – November 17, 2006 Maturity Range – Serial Bonds: October 1, 2007 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – SunTrust Bank Ratings – N/A Projects: City of Delray Beach, Florida Schedule of Water and Sewer Revenue Bonds (Series 2006B) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to finance the City's share of the Reclaimed Water Treatment Project at the South Central Regional Wastewater Treatment Faciltiy. 103 October 1 October 1 April 1 Total 2012 $ 210,000 $ 185,220 $ 180,590 $ 575,810 $ 10,444,171 4.41% 2013 220,000 180,589 175,739 576,328 9,867,843 4.41 2014 230,000 175,738 170,667 576,405 9,291,438 4.41 2015 240,000 170,667 165,375 576,042 8,715,396 4.41 2016 940,000 165,375 144,648 1,250,023 7,465,373 4.41 2017 980,000 144,648 123,039 1,247,687 6,217,686 4.41 2018 1,020,000 123,039 100,548 1,243,587 4,974,099 4.41 2019 1,060,000 100,548 77,175 1,237,723 3,736,376 4.41 2020 1,110,000 77,175 52,700 1,239,875 2,496,501 4.41 2021 1,170,000 52,699 26,901 1,249,600 1,246,901 4.41 2022 1,220,000 26,901 -1,246,901 -4.41 $ 8,400,000 $ 1,402,599 $ 1,217,382 $ 11,019,981 Original Authorization – $9,000,000 Issued – $9,000,000 Date of Issue – September 18, 2007 Maturity Range – Serial Bonds: October 1, 2008 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – Branch Banking and Trust Company Ratings – N/A Projects: Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to finance the City's share of the Reclaimed Water Treatment and Deepwell Project at the South Central Regional Wastewater Treatment Facility. City of Delray Beach, Florida Schedule of Water and Sewer Revenue Bonds (Series 2007) Interest Balance Outstanding at End of Fiscal Year Interest Rate 104 October 1 October 1 April 1 Total 2012 $ -$ -$ 60,668 $ 60,668 $ 6,049,021 2.21% 2013 500,000 60,001 54,476 614,477 5,434,544 2.21 2014 515,000 54,477 48,786 618,263 4,816,281 2.21 2015 525,000 48,786 42,984 616,770 4,199,511 2.21 2016 515,000 42,984 37,294 595,278 3,604,233 2.21 2017 530,000 37,294 31,437 598,731 3,005,502 2.21 2018 540,000 31,437 25,471 596,908 2,408,594 2.21 2019 555,000 25,471 19,337 599,808 1,808,786 2.21 2020 565,000 19,338 13,094 597,432 1,211,354 2.21 2021 585,000 13,094 6,630 604,724 606,630 2.21 2022 600,000 6,630 -606,630 -2.21 $ 5,430,000 $ 339,512 $ 340,177 $ 6,109,689 Original Authorization – $5,430,000 Issued – $5,430,000 Date of Issue – September 29, 2011 Maturity Range – Serial Bonds: October 1, 2012 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – None Call Features – 1% penalty for early payment Paying Agent – Branch Banking and Trust Company Ratings – N/A Projects: Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to finance the cost of refunding the Series 2006A Water and Sewer Revenue Bonds. City of Delray Beach, Florida Schedule of Water and Sewer Refunding Revenue Bond (Series 2011A) Interest Balance Outstanding at End of Fiscal Year Interest Rate 105 Fiscal Year Ending September 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2012 $ 99,548 $ 4,080 $ 103,628 $ 94,992 2013 93,694 1,298 94,992 -$ 193,242 $ 5,378 $ 198,620 Schedule of installment agreements consists of the following: SunTrust Leasing – SunTrust Leasing – City of Delray Beach, Florida Schedule of Installment Agreements (Capital Leases) Original amount of principal—$131,420, 48-month term, 2.760% interest, dates September 18, 2009 through August 18, 2013—golf carts at Delray Beach Golf Course. Original amount of principal—$260,600, 48-month term, 2.760% interest, dates September 18, 2009 through August 18, 2013—parking meters. 106 Principal Interest September 1 Sept. 1/Mar. 1 Total 2012 $ 1,595,000 $ 512,558 $ 2,107,558 $ 11,099,566 4.2982 -5.9095 % 2013 1,670,000 437,454 2,107,454 8,992,112 4.2982 -5.9095 2014 1,750,000 358,764 2,108,764 6,883,348 4.2982 -5.9095 2015 1,420,000 276,274 1,696,274 5,187,074 4.2982 -5.9095 2016 1,250,000 209,746 1,459,746 3,727,328 4.2982 -5.9095 2017 1,090,000 151,440 1,241,440 2,485,888 4.2982 -4.8000 2018 1,140,000 103,184 1,243,184 1,242,704 4.2982 -4.8000 2019 1,190,000 52,704 1,242,704 -4.2982 -4.8000 $ 11,105,000 $ 2,102,124 $ 13,207,124 Original Authorization – $10,000,000 (Series 2004A -Tax-exempt) – $1,925,000 (Series 2004B -Taxable) – $9,715,000 (Series 1999A -Tax-exempt) Issued – $10,000,000 ($5,000,000 issued before September 30, 2004 and $5,000,000 issued from October 1, 2004 to December 31, 2004 -Series 2004A -Tax-exempt) – $1,925,000 (Series 2004B -Taxable) – $9,715,000 (Series 1999A -Tax-exempt) Date of Issue – May 19, 2004 (2004 Series), and June 25, 1999 (1999 Series) Maturity Range – Serially September 1, 2001 through September 1, 2019 (Series 2004A&B, & 1999) Principal Payment Date – Series 2004A: September 1 of each year, commencing September 1, 2005 – Series 2004B: September 1 of each year, commencing September 1, 2005 – Series 1999A: September 1 of each year, commencing September 1, 2001 Interest Rate – Series 2004A: 4.2982% until September 1, 2019 – Series 2004B: 5.9095% until September 1, 2016 – Series 1999A: 4.80% until September 1, 2019 Pledged Revenue – Tax increment revenues Denomination – N/A Call Features – No penalty for early payment for taxable debt only Paying Agent/Registrar – Bank of America (Series 2004A & B, & 1999) Ratings – Not rated Project: The Series 2004A and 1999A proceeds were issued for the purpose of financing the costs of acquisition and construction of certain redevelopment projects. Proceeds of the Series 2004B Bonds were used to refund the 1999B Series Bonds. Fiscal Year Ending September 30 City of Delray Beach, Florida Combined Schedule of Community Redevelopment Agency Tax Increment Redevelopment Revenue Bonds (Series 2004 and Series 1999) Balance Outstanding at End of Fiscal Year Interest Rate 107 Statistical Section 108 STATISTICAL SECTION This part of the City of Delray Beach comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City’s overall financial health. Contents Page Financial Trends................................... .....................................................................................................109 These schedules contain trend information to help the reader understand how the City’s financial performance and well-being have changed over time. Revenue Capacity................................................................................................................... ...................123 These schedules contain information to help the reader assess the City’s most significant local revenue source, the property tax. Debt Capacity................................. ...........................................................................................................126 These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future. Demographic and Economic Information .................................................. ................................................130 These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place. Operating Information...............................................................................................................................132 These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City of Delray Beach provides and the activities it performs. Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. CITY OF DELRAY BEACH, FLORIDA Net Assets by Component Last Nine Fiscal Years Accrual Basis of Accounting 2003 2004 2005 2006 Governmental activities Invested in capital assets, net of related debt $ 25,996,353 $ 15,130,555 $ 24,817,964 $ 55,464,989 Restricted 5,992,593 24,530,625 22,855,797 8,014,482 Unrestricted 8,359,365 13,393,763 20,185,194 22,245,386 Total governmental activities net assets $ 40,348,311 $ 53,054,943 $ 67,858,955 $ 85,724,857 Business-type activities Invested in capital assets, net of related debt $ 53,818,297 $ 54,347,706 $ 59,315,335 $ 59,024,376 Restricted 5,387,916 4,859,275 4,469,621 1,338,263 Unrestricted 20,023,794 23,182,592 23,565,069 34,032,926 Total business-type activities net assets $ 79,230,007 $ 82,389,573 $ 87,350,025 $ 94,395,565 Primary government Invested in capital assets, net of related debt $ 79,814,650 $ 69,478,261 $ 84,133,299 $ 114,489,365 Restricted 11,380,509 29,389,900 27,325,418 9,352,745 Unrestricted 28,383,159 36,576,355 43,750,263 56,278,312 Total primary government net assets $ 119,578,318 $ 135,444,516 $ 155,208,980 $ 180,120,422 Information prior to the adoption of GASB Statement 34 in fiscal year 2003 is not available. Fiscal Year 109 2007 2008 2009 2010 2011 $ 51,049,876 $ 70,521,186 $ 76,546,448 $ 77,727,858 $ 78,779,535 20,850,170 12,644,718 10,728,740 13,592,226 6,520,365 23,371,450 23,694,418 23,962,095 21,879,827 26,242,684 $ 95,271,496 $ 106,860,322 $ 111,237,283 $ 113,199,911 $ 111,542,584 $ 54,782,750 $ 65,505,859 $ 66,198,545 $ 69,465,739 $ 74,942,051 7,038,221 6,658,262 1,592,060 7,116,700 4,089,921 40,529,960 38,161,102 43,117,847 39,543,220 38,297,015 $ 102,350,931 $ 110,325,223 $ 110,908,452 $ 116,125,659 $ 117,328,987 $ 105,832,626 $ 136,027,045 $ 142,744,993 $ 147,193,597 $ 153,721,586 27,888,391 19,302,980 12,320,800 20,708,926 10,610,286 63,901,410 61,855,520 67,079,942 61,423,047 64,539,699 $ 197,622,427 $ 217,185,545 $ 222,145,735 $ 229,325,570 $ 228,871,571 Fiscal Year 110 CITY OF DELRAY BEACH, FLORIDA Changes in Net Assets Last Nine Fiscal Years Accrual Basis of Accounting 2003 2004 2005 2006 Expenses Governmental activities: General government $ 12,615,732 $ 13,504,963 $ 16,634,186 $ 20,944,239 Public safety 41,494,100 42,413,760 44,818,400 49,389,129 Physical environment 4,129,748 4,154,255 4,569,904 5,931,521 Parks and recreation 10,804,249 10,608,918 11,164,817 12,428,343 Interest on long-term debt 1,715,063 2,476,264 2,078,244 2,755,249 Total governmental activities expenses 70,758,892 73,158,160 79,265,551 91,448,481 Business-type activities: Water/Sewer Utility 18,865,811 22,835,889 19,975,077 20,432,143 Municipal Golf Course 2,942,377 3,381,336 3,382,942 3,467,334 Lakeview Golf Course 700,932 696,573 709,142 653,116 City Marina 103,101 104,143 109,026 114,222 Sanitation 2,354,354 4,338,426 3,788,232 9,053,052 Stormwater Utility 1,429,557 1,078,343 1,111,291 1,050,275 Total business-type activities expenses 26,396,132 32,434,710 29,075,710 34,770,142 Total primary government expenses $ 97,155,024 $ 105,592,870 $ 108,341,261 $ 126,218,623 Program Revenues Governmental activities: Charges for services: General government $ 3,826,407 $ 3,623,697 $ 4,367,332 $ 4,986,337 Public safety 6,041,301 5,481,990 5,823,023 5,310,373 Physical environment 615,657 633,729 598,019 641,251 Parks and recreation 1,264,769 1,092,586 1,157,013 1,143,867 Operating grants and contributions: General government 1,326,703 1,975,397 1,829,154 3,260,394 Public safety 784,980 1,868,212 2,006,827 1,825,883 Physical environment 238,877 360,352 427,188 1,226,975 Parks and recreation 97,473 57,955 398,307 3,137,386 Capital grants and contributions: General government -1,611,519 1,184,058 342,025 Public safety ----Physical environment 202,031 152,477 470,063 -Parks and recreation 150,000 1,641,635 479,116 -Total governmental activities program revenues 14,548,198 18,499,549 18,740,100 21,874,491 Business-type activities: Charges for services: Water/Sewer 22,716,982 23,635,054 24,426,939 25,748,645 Municipal Golf Course 2,475,728 3,294,989 3,300,439 3,437,934 Lakeview Golf Course 828,116 827,397 823,777 768,299 City Marina 109,352 150,644 155,200 149,294 Sanitation 2,521,938 2,602,241 2,538,402 2,615,981 Stormwater Utility 1,629,589 1,661,505 1,672,635 1,702,322 Operating Capital grants and contributions: Water/Sewer 323,978 2,038,967 786,217 1,913,869 Municipal Golf Course 92,298 113,720 130,408 131,171 Lakeview Golf Course 4,336 17,165 35,502 55,415 City Marina 205 56,912 2,177 273 Sanitation 103,703 1,790,775 1,237,680 5,663,671 Stormwater Utility 260,465 30,435 20,552 45,157 Capital grants and contributions: Water/Sewer 1,909,473 1,968,840 1,290,786 967,462 Municipal Golf Course 10,508 ---Stormwater Utility ---146,026 Total business-type activities program revenues 32,986,671 38,188,644 36,420,714 43,345,519 Total primary government program revenues $ 47,534,869 $ 56,688,193 $ 55,160,814 $ 65,220,010 Net (expense)/revenue Governmental activities $ (56,210,694) $ (54,658,611) $ (60,525,451) $ (69,573,990) Business-type activities 6,590,539 5,753,934 7,345,004 8,575,377 Total primary government net expense $ (49,620,155) $ (48,904,677) $ (53,180,447) $ (60,998,613) Note: Pg 1 of 2 Fiscal Year 111 2007 2008 2009 2010 2011 $ 25,304,576 $ 25,137,520 $ 22,331,793 $ 22,451,901 $ 18,350,964 55,930,194 56,742,719 54,234,648 56,042,835 56,586,070 7,194,134 8,130,445 9,859,520 8,378,489 7,559,512 14,723,853 14,457,336 14,790,100 15,334,070 15,647,602 1,389,786 2,832,011 3,278,142 2,863,293 2,701,776 104,542,543 107,300,031 104,494,203 105,070,588 100,845,924 22,407,194 23,932,410 25,636,462 26,196,959 29,558,007 3,440,617 3,265,478 2,952,315 3,006,373 2,976,846 748,549 704,782 744,544 669,681 676,158 120,146 121,004 131,235 137,095 136,955 2,897,768 3,476,663 4,443,701 4,391,569 4,293,784 1,331,003 1,506,764 1,390,004 1,490,446 1,677,612 30,945,277 33,007,101 35,298,261 35,892,123 39,319,362 $ 135,487,820 $ 140,307,132 $ 139,792,464 $ 140,962,711 $ 140,165,286 $ 4,521,285 $ 4,622,167 $ 3,216,555 $ 3,279,505 $ 3,623,718 6,033,201 6,543,112 6,739,002 7,346,627 7,022,063 626,974 649,216 971,381 1,371,036 1,419,279 1,236,660 1,282,353 1,465,722 1,578,023 1,726,011 3,165,420 3,945,992 4,645,288 4,930,159 2,529,998 2,033,988 2,292,523 1,986,484 1,921,898 1,844,661 547,284 103,357 24,979 92,887 -1,345,900 997,425 143,090 89,883 466,706 1,383,440 622,993 848,436 598,366 414,403 -749,250 200,900 ---8,250,000 40,977 160,346 18,424 -----20,894,152 30,058,388 20,282,814 21,368,730 19,065,263 29,162,001 29,245,949 33,445,652 31,861,348 31,962,663 3,467,778 3,459,044 3,303,511 2,995,351 2,820,197 853,654 681,561 749,367 666,964 666,591 160,605 208,598 204,467 185,435 209,145 3,094,658 3,383,499 4,942,922 4,770,585 4,739,150 2,097,527 2,090,146 2,095,636 2,105,069 2,112,375 951,487 2,595,258 1,092,926 386,822 511,829 182,796 43,969 37,040 43,671 51,769 6,171 5,410 5,985 5,643 5,855 491 884 35,653 9,997 1,628 115,040 417,250 130,030 780,500 322,010 362,325 17,509 17,366 13,260 12,757 1,424,878 996,447 1,102,611 872,684 713,526 ----2,762 ----72,644 41,879,411 43,145,524 47,163,166 44,697,329 44,204,901 $ 62,773,563 $ 73,203,912 $ 67,445,980 $ 66,066,059 $ 63,270,164 $ (83,648,391) $ (77,241,643) $ (84,211,389) $ (83,701,858) $ (81,780,661) 10,934,134 10,138,423 11,864,905 8,805,206 4,885,539 $ (72,714,257) $ (67,103,220) $ (72,346,484) $ (74,896,652) $ (76,895,122) Fiscal Year 112 CITY OF DELRAY BEACH, FLORIDA Changes in Net Assets Last Nine Fiscal Years Accrual Basis of Accounting 2003 2004 2005 2006 General Revenues and Other Changes in Net Assets Governmental activities: Taxes: Property taxes $ 32,069,034 $ 36,055,993 $ 41,581,718 $ 49,825,341 Franchise fees 3,467,379 3,817,080 3,989,989 4,879,168 Utility service taxes 8,093,064 7,704,692 8,088,142 8,678,710 Sales taxes 1,715,268 1,806,689 1,895,507 1,488,936 Local business tax ----Intergovernmental, unrestricted 5,827,651 6,443,433 6,928,194 7,393,652 Investment earnings 460,913 462,340 1,543,167 2,561,044 Gain on disposal of capital assets (4,872,674) 36,514 1,112,107 19,532 Miscellaneous 3,490,308 7,273,876 7,612,229 10,616,990 Transfers 2,586,058 2,672,550 2,575,410 1,976,519 Total governmental activities 52,837,001 66,273,167 75,326,463 87,439,892 Business-type activities Investment earnings 128,491 78,182 190,858 446,682 Transfers (2,586,058) (2,672,550) (2,575,410) (1,976,519) Total business-type activities (2,457,567) (2,594,368) (2,384,552) (1,529,837) Total primary government $ 50,379,434 $ 63,678,799 $ 72,941,911 $ 85,910,055 Changes in Net Assets Governmental activities $ (3,373,694) $ 11,914,556 $ 14,804,012 $ 17,865,902 Business-type activities 4,132,972 3,159,566 4,960,452 7,045,540 Total primary government $ 759,278 $ 15,074,122 $ 19,764,464 $ 24,911,442 Note: Pg 2 of 2 Information prior to the adoption of GASB Statement 34 in fiscal year 2003 is not available Fiscal Year 113 2007 2008 2009 2010 2011 $ 59,091,002 $ 55,302,837 $ 53,984,307 $ 56,656,596 $ 47,467,480 5,257,560 5,247,442 5,333,561 4,986,589 4,857,533 8,222,944 8,338,282 8,958,175 9,038,143 8,777,975 1,438,613 1,365,552 1,308,213 1,301,502 1,293,963 --789,705 616,861 702,394 6,927,534 6,532,854 5,917,818 5,763,694 5,983,120 2,816,429 2,064,705 322,165 227,535 306,887 -----5,724,228 7,320,429 8,425,515 7,479,767 7,022,162 3,716,720 2,659,368 3,547,891 3,593,799 3,711,820 93,195,030 88,831,469 88,587,350 89,664,486 80,123,334 737,952 495,237 6,897 5,800 29,609 (3,716,720) (2,659,368) (3,547,891) (3,593,799) (3,711,820) (2,978,768) (2,164,131) (3,540,994) (3,587,999) (3,682,211) $ 90,216,262 $ 86,667,338 $ 85,046,356 $ 86,076,487 $ 76,441,123 $ 9,546,639 $ 11,589,826 $ 11,833,506 $ 1,962,628 $ (1,657,327) 7,955,366 7,974,292 8,323,911 5,217,207 1,203,328 $ 17,502,005 $ 19,564,118 $ 20,157,417 $ 7,179,835 $ (453,999) Fiscal Year 114 CITY OF DELRAY BEACH, FLORIDA Governmental Activities Tax Revenues by Source Last Nine Fiscal Years Accrual Basis of Accounting Utility Sales Local Fiscal Property Franchise Service and Use Business Year Taxes Fees (1) Tax Tax Tax (2) Total 2003 $ 32,069,034 $ 3,467,379 $ 8,093,064 $ 1,715,268 $ -$ 45,344,745 2004 36,355,993 3,817,080 7,704,692 1,806,689 -49,684,454 2005 41,584,718 3,989,989 8,088,142 1,895,507 -55,558,356 2006 49,825,341 4,879,168 8,678,710 1,488,936 -64,872,155 2007 59,091,002 5,257,560 8,222,944 1,438,613 -74,010,119 2008 55,302,837 -8,338,282 1,365,552 -65,006,671 2009 53,984,307 -8,958,175 1,308,213 789,705 64,250,695 2010 52,656,596 -9,038,143 1,301,502 616,861 62,996,241 2011 47,467,480 -8,777,975 1,293,963 702,394 57,539,418 Information prior to the adoption of GASB Statement 34 in fiscal year 2003 is not available. (1) Effective with the 2008 fiscal year, franchise fees are categorized as revenue from Fees and Permits. (2) Effective with the 2009 fiscal year, local business tax receipts (formerly occupational licenses) are are no longer categorized as revenue from Fees and Permits. 115 CITY OF DELRAY BEACH, FLORIDA Fund Balances of Governmental Funds Last Ten Fiscal Years Modified Accrual Basis of Accounting 2002 2003 2004 2005 General fund Reserved $ 5,124,437 $ 4,947,799 $ 4,967,938 $ 4,966,646 Unreserved 9,063,157 9,833,986 9,755,423 12,760,913 Nonspendable: Inventory ----Prepaid items ----Long-term notes receivable ----Restricted for: Capital projects ----Assigned to: Special purposes ----Unassigned ----Total General Fund $ 14,187,594 $ 14,781,785 $ 14,723,361 $ 17,727,559 All other governmental funds Reserved $ 126,308,825 $ 1,054,524 $ 691,647 $ 685,255 Unreserved, reported in: Capital Project Funds -1,034,344 23,844,943 22,170,982 Fiduciary Funds 1,071,679 ---Special revenue funds 990,931 3,903,725 4,069,657 5,027,645 Nonspendable: Prepaid items ----Long-term notes receivable ----Restricted for: Debt service ----Law enforcement ----Assigned to: Capital Projects Funds ----Special Revenue Funds ----Unassigned Special Revenue Funds (deficit) ----Total all other governmental funds $ 128,371,435 $ 5,992,593 $ 28,606,247 $ 27,883,882 Note: GASB Statement No. 54 was adopted for 2011 resulting in the reclassification of the Governmental Funds fund balances. 116 2006 2007 2008 2009 2010 2011 $ 4,678,873 $ 4,557,940 $ 4,328,761 $ 3,992,760 $ 3,723,755 $ -15,897,538 18,828,235 18,593,915 19,747,589 20,337,823 ------27,178 -----719,973 -----3,165,084 -----5,984 -----151,013 -----18,682,823 $ 20,576,411 $ 23,386,175 $ 22,922,676 $ 23,740,349 $ 24,061,578 $ 22,752,055 $ 686,909 $ 744,096 $ 2,563,856 $ 767,398 $ 789,940 $ -7,327,573 20,161,989 11,584,321 9,962,213 7,421,960 -------3,764,814 3,488,365 3,389,886 3,500,989 5,377,312 ------289 -----1,726,988 -----505,430 -----298,655 -----5,716,280 -----4,364,956 -----(640,364) $ 11,779,296 $ 24,394,450 $ 17,538,063 $ 14,230,600 $ 13,589,212 $ 11,972,234 117 CITY OF DELRAY BEACH, FLORIDA Changes in Fund Balances of Governmental Funds Last Ten Fiscal Years Modified Accrual Basis of Accounting 2002 2003 2004 2005 Revenues Taxes $ 41,875,982 $ 45,344,745 $ 49,684,454 $ 55,558,356 Licenses and permits 2,596,400 3,325,436 3,382,038 4,089,257 Intergovernmental 13,660,832 8,627,715 11,018,541 12,538,849 Charges for services 5,365,513 6,373,274 6,307,636 6,788,919 Fines and forfeitures 1,551,790 2,049,424 1,142,328 1,067,211 Miscellaneous 4,043,066 3,555,725 7,669,984 9,608,131 Total revenues 69,093,583 69,276,319 79,204,981 89,650,723 Expenditures Current General government 8,465,083 10,999,876 12,311,018 15,298,763 Public safety 36,784,874 39,212,634 42,399,400 45,841,687 Physical environment 2,439,392 2,844,727 2,743,039 3,158,099 Parks and recreation 7,889,455 9,315,681 9,484,527 10,197,131 Grants 1,600,243 ---Capital Outlay 32,425,089 5,457,998 4,280,554 20,826,381 Debt service Principal retirement 2,818,783 16,588,754 10,973,807 4,159,139 Interest and other fiscal charges 2,086,935 1,767,662 1,793,518 2,011,900 Bond issue costs -316,194 102,520 22,000 Total expenditures 94,509,854 86,503,526 84,088,383 101,515,100 Excess of revenues over (under) expenditures (25,416,271) (17,227,207) (4,883,402) (11,864,377) Other financing sources (uses) Installment agreement issued ----Bonds issued 26,098,902 26,694,728 23,723,914 10,050,000 Proceeds from sale of capital assets -11,462,000 7,998,210 1,133,170 Proceeds of refunding note --581,420 487,977 Redemption of bonds -(27,245,147) (7,372,000) -Premium on bond debt --67,413 -Transfers in 7,686,084 8,763,402 10,795,139 9,580,467 Transfers out (7,448,036) (5,889,224) (8,355,464) (7,105,404) Total other financing sources (uses) 26,336,950 13,785,759 27,438,632 14,146,210 Net change in fund balances $ 920,679 $ (3,441,448) $ 22,555,230 $ 2,281,833 Debt service as a percentage of non-capital expenditures 7.90% 23.04% 16.13% 7.68% 118 2006 2007 2008 2009 2010 2011 $ 64,872,155 $ 74,010,119 $ 65,006,671 $ 65,040,400 $ 63,613,102 $ 58,241,812 4,716,040 4,325,079 9,693,973 8,393,462 7,848,364 7,957,960 16,844,290 14,020,126 13,872,151 12,717,659 12,798,521 10,824,485 6,578,078 7,020,582 7,985,973 8,579,286 9,122,062 9,418,571 787,710 1,072,459 664,344 753,473 1,591,354 1,272,073 13,246,356 8,132,308 9,171,109 8,683,421 7,624,308 7,285,098 107,044,629 108,580,673 106,394,221 104,167,701 102,597,711 94,999,999 19,346,064 22,952,680 22,856,837 21,001,014 20,223,169 17,848,375 49,739,465 53,662,961 55,274,605 54,034,021 55,750,747 55,095,307 4,550,030 5,355,092 5,981,177 7,253,871 5,695,353 4,849,851 11,208,994 12,460,242 12,302,491 12,491,281 13,044,535 12,874,379 ------31,840,070 21,042,901 15,406,527 8,021,386 6,056,493 4,758,088 4,102,788 11,345,356 4,543,545 4,553,835 3,357,533 3,490,360 2,360,879 2,373,627 2,987,110 3,134,074 2,873,815 2,723,863 -353,104 25,365 ---123,148,290 129,545,963 119,377,657 110,489,482 107,001,645 101,640,223 (16,103,661) (20,965,290) (12,983,436) (6,321,781) (4,403,934) (6,640,224) ---260,600 --575,000 30,770,787 3,000,000 ---96,835 62,471 2,590 49,802 22,161 1,903 199,573 -----------------10,337,375 13,086,133 9,707,274 9,214,199 7,548,409 7,983,124 (8,360,856) (7,381,327) (7,046,314) (5,692,610) (3,486,795) (4,271,304) 2,847,927 36,538,064 5,663,550 3,831,991 4,083,775 3,713,723 $ (13,255,734) $ 15,572,774 $ (7,319,886) $ (2,489,790) $ (320,159) $ (2,926,501) 7.08% 12.97% 7.27% 7.50% 6.17% 6.41% 119 CITY OF DELRAY BEACH, FLORIDA General Governmental Tax Revenues By Source Last Ten Fiscal Years Modified Accrual Basis of Accounting Utility Local Fiscal Property Franchise Service Sales Business Year Taxes Fees (1) Tax Tax Tax (2) Total 2002 $ 29,011,246 $ 3,426,725 $ 7,875,835 $ 1,562,176 $ -$ 41,875,982 2003 32,069,034 3,467,379 8,093,064 1,715,268 -45,344,745 2004 36,355,993 3,817,080 7,704,692 1,806,689 -49,684,454 2005 41,584,718 3,989,989 8,088,142 1,895,507 -55,558,356 2006 49,825,341 4,879,168 8,678,710 1,488,936 -64,872,155 2007 59,091,002 5,257,560 8,222,944 1,438,613 -74,010,119 2008 55,302,837 -8,338,282 1,365,552 -65,006,671 2009 53,984,307 -8,958,175 1,308,213 789,705 65,040,400 2010 52,656,596 -9,038,143 1,301,502 616,861 63,613,102 2011 47,467,480 -8,777,975 1,293,963 702,394 58,241,812 (1) Effective with the 2008 fiscal year, franchise fees are categorized as revenue from Fees and Permits. (2) Effective with the 2009 fiscal year, local business tax receipts (formerly occupational licenses) are are no longer categorized as revenue from Fees and Permits. 120 CITY OF DELRAY BEACH, FLORIDA Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years Fiscal Year Tax Ending Roll Real Personal Assessed 30, Year Property Property Property Total 2002 2001 $ 4,514,242,147 $ 308,721,797 $ 1,589,665 $ 4,824,553,609 2003 2002 5,132,464,519 304,048,307 1,623,001 5,438,135,827 2004 2003 5,976,557,462 287,867,486 2,013,779 6,266,438,727 2005 2004 6,954,954,190 291,470,970 2,159,862 7,248,585,022 2006 2005 8,530,762,079 292,523,818 1,929,130 8,825,215,027 2007 2006 11,615,147,721 319,788,615 2,135,457 11,937,071,793 2008 2007 11,599,199,337 333,985,825 2,755,227 11,935,940,389 2009 2008 10,881,842,880 339,398,773 2,954,529 11,224,196,182 2010 2009 8,948,585,352 328,007,736 3,991,739 9,280,584,827 2011 2010 7,780,872,856 334,936,255 3,739,563 8,119,548,674 Note: The basis of just value is approximately one hundred percent (100%) of actual value. For each fiscal year ending September 30, property is valued as of January 1st of the preceding calendar year. Source: Palm Beach County Property Appraiser-Form DR-403 (Revised Recapitulation of the Ad Valorem Assessment Rolls of Delray Beach, Palm Beach County, Florida). Just Value 121 Less Estimated Total Taxable Assessed Tax Exempt Total Taxable Total Direct Actual Value as a % of Property Assessed Value Tax Rate Value Estimated Actual Value $ 1,064,952,700 $ 3,759,600,909 8.0000 $ 3,760,079,452 99.99% 1,286,673,169 4,151,462,658 8.0000 5,127,441,633 80.97% 1,560,635,598 4,705,803,129 8.0000 5,911,220,501 79.61% 1,870,893,294 5,377,691,728 8.0000 6,884,493,821 78.11% 2,373,715,664 6,451,499,363 8.0000 8,411,930,488 76.69% 3,574,481,397 8,362,590,396 7.3000 11,380,589,015 73.48% 3,243,881,789 8,692,058,600 6.5783 11,374,426,933 76.42% 3,074,589,654 8,149,606,528 6.8504 10,634,938,238 76.63% 2,270,466,355 7,010,118,472 7.7216 8,714,452,876 80.44% 1,869,880,655 6,249,668,019 7.7902 7,541,945,805 82.87% 122 CITY OF DELRAY BEACH, FLORIDA Property Tax Rates -Direct and Overlapping Governments Last Ten Fiscal Years Total Fiscal Year City of Special Ending Delray Taxing Total September 30, Beach Districts All 2002 7.3700 0.6300 8.0000 8.9480 4.5500 1.8470 23.3450 2003 7.4400 0.5600 8.0000 8.7790 4.5000 1.8230 23.1020 2004 7.5200 0.4800 8.0000 8.5710 4.7910 1.8270 23.1890 2005 7.4500 0.5500 8.0000 8.4320 4.7677 1.7970 22.9967 2006 7.4500 0.5500 8.0000 8.1060 5.4464 1.7770 23.3294 2007 6.8600 0.4400 7.3000 7.8720 4.2800 1.6670 21.1190 2008 6.1449 0.4334 6.5783 7.3560 3.9813 1.5140 19.4296 2009 6.3900 0.4604 6.8504 7.2510 3.9656 1.6215 19.6885 2010 7.1900 0.5316 7.7216 7.9830 4.5614 1.7691 22.0351 2011 7.1900 0.6002 7.7902 8.1539 4.9960 2.5552 23.4953 Debt Beach Fund Service District County General Palm School Sco muni sha n so erty sed Ta D D % J Penalt inqu n Apri T eac Tax rate limits -Ten mills per Florida Statute 200.81 (one mill equals $1 per $1,000 of assessed valuation). Scope of tax rate limit -No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligations issued with the approval of those taxpayers subject to ad valorem taxes. Taxes assessed -January 1 Taxes due -March 31 Taxes delinquent -April 1 Discount allowed -4% November; 3% December; 2% January; 1% February Penalties for delinquent -2.5% after April 1, increase .5% each ten days; maximum 5% Tax collector -Palm Beach County Tax collector’s commission -None 123 CITY OF DELRAY BEACH, FLORIDA Principal Property Taxpayers Current Year and Nine Years Ago September 30, 2011 Taxable Percentage of Taxable Percentage of Assessed Taxes Total Taxes Assessed Taxes Total Taxes Valuation Levied Rank Levied Valuation Levied Rank Levied Florida Power and Light $ 74,334,805 $ 579,083 1 1.25% $ -$ ---Tenet Healthcare Corp. 38,165,644 297,318 2 0.64% ----Citation Club Investors 37,479,654 291,974 3 0.63% 100,094,125 800,753 1 2.75% RREEF 37,408,796 291,422 4 0.63% ----Linton Delray LLC 34,916,048 272,003 5 0.59% ----Ocean Properties Ltd. 34,057,149 265,312 6 0.57% 65,903,625 527,229 6 1.81% HHC Seagate Inc. 34,057,149 265,312 7 0.57% ----Delray Community Hospital 29,484,481 229,690 8 0.49% ----Lifespan Communities Inc. 28,060,769 218,599 9 0.47% ----MS LPC South Congress Holdings LLC 25,763,909 200,706 10 0.43% ----St. Stephen Limited Partnership ----97,864,000 782,912 2 2.69% Office Depot Inc. ----92,133,125 737,065 3 2.53% Delray Intracoastal ----74,978,375 599,827 4 2.06% Realty Associates Fund V ----70,436,125 563,489 5 1.94% Depot Realty ----58,462,375 467,699 7 1.61% Palm Beach County Health Facility ----56,739,000 453,912 8 1.56% Morse Operations Inc. ----52,039,250 416,314 9 1.43% Minto Builders Florida, Inc. ----51,682,375 413,459 10 1.42% Totals $ 373,728,402 $ 2,911,419 6.27% $ 720,332,375 $ 5,762,659 19.81% Source: Palm Beach County Property Appraiser's Office Total taxes levied: Fiscal Year 2011 $ 46,416,830 Fiscal Year 2002 $ 29,084,111 City Millage Rate: Fiscal Year 2011 7.7902 Fiscal Year 2002 8.0000 2011 2002 124 CITY OF DELRAY BEACH, FLORIDA Property Tax Levies and Collections Last Ten Fiscal Years Collections Fiscal Year Percent as a Percent Ending of Levy of Current September 30, Collected Levy 2002 $29,084,111 $28,938,206 99.50% $ 115,526 $29,053,732 99.90% 2003 32,099,240 31,953,508 99.55% 46,171 31,999,679 99.69% 2004 36,399,203 36,309,822 99.75% 70,069 36,379,891 99.95% 2005 41,606,999 41,514,649 99.78% 66,409 41,581,058 99.94% 2006 49,828,444 49,758,932 99.86% 68,388 49,827,320 100.00% 2007 59,150,165 59,021,614 99.78% -59,021,614 99.78% 2008 55,452,218 55,213,846 99.57% 88,991 55,302,837 99.73% 2009 54,234,643 53,745,390 99.10% 238,917 53,984,307 99.54% 2010 52,477,859 52,183,869 99.44% 472,727 52,656,596 100.34% 2011 46,416,830 46,950,920 101.15% 516,560 47,467,480 102.26% Note: All property taxes are assessed and collected by Palm Beach County without charge to the City. Collections are distributed in full as collected. * Tax levy, net of allowance for discounts. Tax Tax Current Levy* Collections Collections Collections Total Net Tax Delinquent Property Tax 125 CITY OF DELRAY BEACH, FLORIDA Ratios of Outstanding Debt by Type Last Ten Fiscal Years Total Obligation Obligation Debt as a General Under Under Total Percentage Debt Fiscal Obligation Revenue Installment Revenue Installment Primary of Personal Per Year Bonds Bonds Agreements Bonds Agreements Government Income Capita 2002 $ 18,705,000 $ 43,540,238 $ 192,215 $ 44,212,490 $ 53,228 $ 106,703,171 4.09% $ 1,734 2003 17,035,000 28,099,770 166,785 41,568,665 103,940 86,974,160 3.19% 1,390 2004 29,620,000 21,032,245 608,837 40,950,104 71,691 92,282,877 3.32% 1,455 2005 37,925,000 18,804,696 910,224 36,909,770 38,071 94,587,761 3.36% 1,481 2006 36,045,000 17,491,783 774,922 39,647,694 99,774 94,059,173 3.30% 1,467 2007 33,980,000 38,550,798 445,551 47,533,675 173,843 120,683,867 4.02% 1,875 2008 31,760,000 39,524,722 148,082 42,654,753 112,203 114,199,760 3.22% 1,778 2009 29,465,000 37,405,774 268,795 37,398,701 136,681 104,674,951 2.77% 1,641 2010 27,090,000 36,499,201 192,835 32,179,828 97,245 96,059,109 2.72% 1,587 2011 24,605,000 35,558,216 128,460 26,271,178 64,782 86,627,636 4.24% 1,424 Governmental Activities Business-type Activities 126 CITY OF DELRAY BEACH, FLORIDA Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years Less: Amounts Percentage Available Assessed of Assessed General General in Debt Value Value of Bonded Fiscal Obligation Service of Taxable Taxable Debt Per Year Bonds Fund Total Property Property Population Capita 2002 $ 18,705,000 $ -$ 18,705,000 $ 3,759,600,909 0.50% 61,527 $ 304.01 2003 17,035,000 -17,035,000 4,151,462,658 0.41% 62,578 272.22 2004 29,620,000 -29,620,000 4,705,803,129 0.63% 63,439 466.91 2005 37,925,000 -37,925,000 5,377,691,728 0.71% 63,888 593.62 2006 36,045,000 -36,045,000 6,451,499,363 0.56% 64,095 562.37 2007 33,980,000 -33,980,000 8,362,590,396 0.41% 64,360 527.97 2008 31,760,000 -31,760,000 8,692,058,600 0.37% 64,220 494.55 2009 29,465,000 -29,465,000 8,149,606,528 0.36% 63,789 461.91 2010 27,090,000 -27,090,000 7,010,118,472 0.39% 60,522 447.61 2011 24,605,000 -24,605,000 6,249,668,019 0.39% 60,831 404.48 Note: The basis of assessed value is approximately one hundred percent (100%) of actual value. For each fiscal year ending September 30, property is valued as of January 1st of the preceding calendar year. 127 CITY OF DELRAY BEACH, FLORIDA Direct and Overlapping Governmental Activities Debt September 30, 2011 Direct: City of Delray Beach $ 60,291,676 100.00% $ 60,291,676 Overlapping: Palm Beach County 226,545,000 5.00% 11,327,250 Palm Beach County School District 37,215,000 5.00% 1,860,750 Total overlapping debt 263,760,000 13,188,000 Total direct and overlapping debt payable from ad valorem taxes $ 324,051,676 $ 73,479,676 Population 60,831 Total direct and overlapping debt per capita $ 1,207.93 (1) Estimates based on 2011 ratio of assessed taxable values. Note: The City of Delray Beach has no legal debt margin. Source: Finance Department, City of Delray Beach, Florida Palm Beach County Property Appraiser School Board of Palm Beach County Total Outstanding Percentage Applicable to City of Delray Beach(1) Amount Applicable to City of Delray Beach 128 CITY OF DELRAY BEACH, FLORIDA Water and Sewer Pledged Revenue Coverage Last Ten Fiscal Years Fiscal Year 2002 $ 21,432,405 $ 12,244,207 $ 9,188,198 $ 4,823,090 1.91 2003 (3) 23,105,173 12,812,339 10,292,834 1,430,379 7.20 2004 25,726,277 15,443,253 10,283,024 4,745,800 2.17 2005 25,365,483 15,553,998 9,811,485 4,742,560 2.07 2006 (4) 28,040,630 19,288,632 8,751,998 4,845,913 1.81 2007 (4) 30,747,711 20,432,772 10,314,939 5,338,475 1.93 2008 (4) 30,315,366 17,953,965 12,361,401 5,584,116 2.21 2009 (4) 34,538,578 18,981,078 15,557,500 5,945,074 2.62 2010 32,248,170 19,324,309 12,923,861 5,936,276 2.18 2011 32,495,880 19,213,153 13,282,727 5,950,563 2.23 (1) Includes interest revenue and rents (does not include capital contributions). (2) Excludes depreciation expense, interest expense and amortization expense. (3) The reduction of debt service is due to the partial refunding of the 1993 Water and Sewer Revenue Bonds. (4) Excludes expenses totaling $3,316,740, $3,437,756, $8,053,985 and $3,085,995 in Fiscal Years 2006 through 2009, respectively. These amounts reflect expenses for the South Central Regional Wastewater Treatment and Disposal Board (SCRWTBD), a joint venture between the City and Boynton Beach, which relate to projects funded by bond proceeds. Current Coverage Gross Revenue (1) Operating Expenses (2) Revenue Available for Debt Coverage Current Debt Service 129 CITY OF DELRAY BEACH, FLORIDA Principal Employers September 30, 2011 Percentage of Total City Employer Employees Rank Employment Tenet Healthcare Corp/dba Delray Medical 1,520 1 N/A Publix Supermarkets 496 2 N/A JET Flite, Inc. 425 3 N/A Amnoco Services 400 4 N/A Target 350 5 N/A Ed Morse Delray Toyota Kia 350 5 N/A Delray Lincoln Mercury 300 7 N/A Hardrives of Delray, Inc. 280 8 N/A Marriot Hotels 275 9 N/A Glen Eagles County Club 250 10 N/A Totals 4,646 Source: Florida Agency for Workforce Innovation (AWI) Note: Data is not available for 2002 Note: Total City Employees -818 N/A: Information is not available. Fiscal Year 2011 130 CITY OF DELRAY BEACH, FLORIDA Demographic and Economic Statistics Last Ten Fiscal Years Estimated Per Capita Total Unemploy-Fiscal City County Personal Personal Median School ment Year Population(1) Population(1) Income(2) Income(3) Age(2) Enrollment(4) Rate(5) 2002 61,527 1,183,197 $ 4 2,430 $ 2,610,590,610 N/A 8,321 7.6% 2003 62,578 1,211,448 43,626 2,730,027,828 41.8 8,186 7.1% 2004 63,439 1,242,270 43,830 2,780,531,370 41.8 7,852 6.3% 2005 63,888 1,265,900 44,050 2,814,266,400 41.8 8,652 3.8% 2006 64,095 1,287,967 44,518 2,853,381,210 41.7 8,100 3.1% 2007 64,360 1,295,033 46,630 3,001,106,800 38.1 7,839 3.6% 2008 64,220 1,294,654 55,311 3,552,072,420 42.5 7,807 5.8% 2009 63,789 1,287,344 59,147 3,772,927,983 43.2 7,945 11.5% 2010 60,522 1,286,461 58,358 3,531,942,876 43.5 7,945 12.3% 2011 60,831 1,325,743 33,610 2,044,529,910 45.4 7,893 10.2% Data Sources: (1) The Population data is from the University of Florida, Bureau of Economic Business. (2) Business Development Board of Palm Beach County. Data is for Palm Beach County, Florida for 2010 and prior years. Data for 2011 is for the City of Delray Beach, Florida. (3) Estimated based on County per capita personal income and City population. (4) The School Enrollment is from the Palm Beach County School Board. (5) The Unemployment Rate data is from the U.S. Department of Labor, Bureau of Labor Statistics. N/A: Information is not available for these years. 131 CITY OF DELRAY BEACH, FLORIDA Full-time Equivalent Government Employees by Function Last Ten Fiscal Years 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 General Government 66 65 68 66 69 71 71 69 68 68 Public Safety Community Improvement 4 4 4 4 5 5 4.5 5 5 5 Planning & Zoning 15 15 15 15 15 17 16 16 16 16 Building Inspection 20 20 20 21 21 23 21 20 20 20 Code Compliance 16 16 17 17 17 17 17 18 17 17 Law Enforcement 234 237 233 234 236 238 238 236 242 242 Fire Control 144 144 148 149 154 154 154 154 154 156 Community Development Block Grant 9 6 6 6 5 7 7.5 7 7 7 Insurance 4 4 4 4 4 4 4 4 4 4 City Garage 10 11 12 12 12 12 12 12 12 12 Physical Environment Public Works 22 24 24 25 25 25 25.5 25.5 25.5 25.5 Engineering 7 7 7 7 8 8 7 7 7 7 Sanitation 4 4 4 4 4 4 4 4 4 4 Stormwater Utility 6 6 6 6 6 6 6 6 6 6 Parks and Recreation 94 98 98 108 108 114 115 113 113 112 Water & Sewer Utility 107 108 110 114 115 117 117.5 118 116.5 116.5 Total 762 769 776 792 804 822 820 814 817 818 Fiscal Year 132 CITY OF DELRAY BEACH, FLORIDA Capital Asset Statistics by Function Last Ten Fiscal Years Function 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Public Safety Police Stations 4 4 3 3 3 3 2 3 3 3 Patrol Units 90 123 136 144 151 159 163 219 219 217 Fire Fire Stations (1) 6 6 6 6 6 6 6 6 6 6 Fire trucks 13 15 15 15 15 16 16 16 15 16 ALS Rescue Vehicles 8 8 8 8 8 9 9 9 9 9 Leisure Services Ballfields -lighted 23 23 23 22 22 15 15 15 16 16 Basketball courts 2 2 2 4 4 5 5 5 5 5 Football/Soccer fields (2) 0 0 0 0 0 7 7 7 7 7 Tennis courts 28 28 28 47 47 47 47 47 48 48 Parks 17 17 17 17 17 17 17 17 17 22 Roads and Streets Lane miles (3) N/A 299 299 299 299 299 305 305 305 314 Sources: City departments The following data is not available: Sanitation -Garbage/Trash Trucks Roads & Streets -Street lights Water/Sewer Utility -Water Mains/Sanitary sewers/Storm Sewers (all by miles) -Fire hydrants N/A Information is not available (1) The total number of Fire Stations includes Highland Beach where the City provides Fire and EMS Service. (2) Soccer is played on the footbal fields. There are no separate soccer fields. (3) The number of lane miles was provided by the City's Engineering Department for 2007 and later years based on the newly installed GIS system which provides a more accurate figure for reporting purposes. Prior years have been restated. Fiscal Year 133 CITY OF DELRAY BEACH, FLORIDA Operating Indicators by Function Last Nine Fiscal Years Function 2003 2004 2005 2006 2007 2008 2009 2010 2011 Public Safety Police Physical arrests 2,486 2,476 2,444 2,875 3,108 3,161 2,534 2,331 2,620 Traffic violations 12,880 14,471 12,040 13,928 10,962 10,882 11,249 11,443 11,314 Fire Number of calls 10,744 11,960 11,591 12,024 11,772 12,410 11,905 11,960 12,008 Parks and Recreation Library Circulation 253,835 233,106 227,820 228,871 257,656 270,590 274,611 257,950 252,179 Programs offered 625 642 650 910 1,112 1,287 1,224 1,284 1,145 Program attendance 20,818 22,742 20,056 32,873 32,852 35,116 33,770 29,237 24,021 Leisure Services Youth athletic participants 927 1,904 2,343 2,655 10,597 19,537 20,965 18,125 17,837 Camp program participants 670 365 358 322 625 561 699 395 352 Class participants 14,376 14,007 11,090 10,634 15,093 19,662 24,700 22,756 28,328 Water/Sewer Utility Water customers 19,436 19,760 20,135 20,437 20,963 21,056 21,156 21,320 21,407 Water main breaks None None None None None 434 442 476 408 Sewer customers 19,300 19,600 20,000 20,400 20,900 21,006 21,088 21,225 21,093 Sewer main breaks N/A N/A N/A N/A N/A 4 3 2 -Avg daily water consumption (thousands of gallons) 11,930 10,963 12,746 12,348 11,602 10,040 10,944 11,643 11,356 Sources: City departments/Delray Beach Public Library N/A The following data is not available: Public Safety -P a r king violations Sanitation -R e f use & Recyclables collected (tons) Roads & Streets-S t r eet Resurfacing (miles)/Pot holes Repairs Information prior to fiscal year 2003 is not available. Fiscal Year 134 CITY OF DELRAY BEACH, FLORIDA Schedule of Insurance in Force September 30, 2011 Amount of Company Type of Coverage Property/Risk Covered Coverage Fla Municipal Insurance Workers' Compensation On-the-job injury Statutory/$1,000,000 Trust General/Auto Liability Legal Liabilities $3 million/occurrence Property Damage/Auto Physical All Risk, include Wind (hurricane) Building-$145 million/Damage, Crime Contents-$38 million Pollution Pollution (non Storage Tanks) $1 million/loss AIG (National Union) Fiduciary Liability General Employee Pension $1 million/aggregate Illinois Union Pollution (Storage Tanks) Pollution (Storage Tanks) $1 million occurrence/$2 million aggregate Burlington Insurance Skate Park Liability-Primary Primary Liability $1 million occurrence/$2 million aggregate James River Skate Park Liability-Excess Excess Liability $4 million/occurrence Travelers Fiduciary Liability Police & Fire Pension $1 million/claim/aggregate Hartford Life Life Insurance Fire & Police Department Statutory Colony Insurance Women's Club Liability Legal Liabilities $1 million/occurrence/$2 million/aggregate American Bankers Flood Insurance-Fire Station # 2 Flood Insurance $500,000 Flood Insurance-Delray Swim & Tennis Club Flood Insurance $500,000 Flood Insurance-City Marina Flood Insurance $500,000 Aspen Specialty RR Crossing & Sidetrack RR Crossing & Sidetrack $2 million/occurrence/$4 million aggregate Essex Insurance General Liability FPL Banners & Parking Lots $1 million/occurrence/$2 million/aggregate Admiral Insurance Company EMS Director Liability (FD contract) Director Liability $1 million/$3 million Essex General Liability City flags on FPL poles & $1 million/occurrence parking lot use (as required) $2 million/aggregate Aspen Specialty Railroad Liability Railroad crossings and easement $2 million/occurrence legal liability $4 million/aggregate American Bankers Flood (2 specific locations) Flood $500,000 Ace American Property Liability Water Treatment Plant/Environmental $25 million Services & Utilities 135 Compliance Section 136 Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards To the Honorable Mayor and City Commission City of Delray Beach, Florida We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund and the aggregate remaining fund information of the City of Delray Beach, Florida, as of and for the year ended September 30, 2011, which collectively comprise the basic financial statements of the City of Delray Beach, Florida, and have issued our report thereon dated March 12, 2012. Our report was modified to include references to other auditors. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Other auditors audited the financial statements of the Police and Firefighters’ Retirement System Fund, a fiduciary fund of the City, and the Delray Beach Downtown Development Authority, a discretely presented component unit of the City, as described in our report on the financial statements of the City of Delray Beach, Florida. This report does not include the results of the other auditors’ testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors. Internal Control Over Financial Reporting In planning and performing our audit, we considered the internal control over financial reporting of the City of Delray Beach, Florida, as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of internal control over financial reporting of the City of Delray Beach, Florida. Accordingly, we do not express an opinion on the effectiveness of the internal control over financial reporting of the City of Delray Beach, Florida. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. CALER, DONTEN, LEVINE, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA JAMES F MULLEN, IV, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpa com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 137 Compliance and Other Matters As part of obtaining reasonable assurance about whether the financial statements of the City of Delray Beach, Florida, are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain additional matters that we reported to management in a separate management letter dated March 12, 2012. This report is intended solely for the information and use of the City Commission, management and others within the City of Delray Beach, Florida, federal and state awarding agencies and pass-through entities, and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. March 12, 2012 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE For the Fiscal Year Ended September 30, 2011 Grantor/CFDA Contract/Grantor Program Title Number Number Federal Awards U.S. Department of Defense Direct Award Beach Erosion Control Projects 12 101 R92-1283D $ 275,460 $ 0 Total U.S. Department of Defense 275,460 0 U.S. Department of Housing and Urban Development Direct Awards Community Development Block Grants/Entitlement Grants 14 218 B-08-MC-12-0033 64,009 0 Community Development Block Grants/Entitlement Grants 14 218 B-09-MC-12-0033 581,155 101,000 Community Development Block Grants/Entitlement Grants 14 218 B-10-MC-12-0033 78,666 0 Pass-through Award from Palm Beach County, Florida Community Development Block Grants -State's Programs and Nonentitlement Grants 14 228 07DB-3V-10-60-01-Z07 90,976 0 Pass-through Award from State of Florida Department of Community Affairs Community Development Block Grants -State's Programs and Nonentitlement Grants 14 228 10DB-4X-10-60-02-F10 135,094 0 Total U.S. Department of Housing and Urban Development 949,900 101,000 U.S. Department of Justice Bureau of Justice Assistance Direct Awards Bulletproof Vest Partnership Program 16 607 2009-BUBX08042999 9,329 0 Bulletproof Vest Partnership Program 16 607 2009-BUBX09047354 2,170 0 ARRA -Public Safety Partnership and Community Policing Grant 16 710 2009-RKWX0237 488,404 0 Justice Assistance Grant (JAG) Program Cluster Edward Byrne Memorial Justice Assistance Grant Program 16 738 2009-DJ-BX-0855 17,568 0 Edward Byrne Memorial Justice Assistance Grant Program 16 738 2010-DJ-BX-1555 66,560 0 ARRA -Edward Byrne Memorial Justice Assistance Grant Program 16 738 2010-ARRC-PALM-2-W7-350 59,294 0 ARRA -Edward Byrne Memorial Justice Assistance Grant Program 16 804 2009-SB-B9-2668 811 0 Total Justice Assistance Grant (JAG) Program Cluster 144,233 0 Pass-through Award from Palm Beach County, Florida Edward Byrne Memorial Justice Assistance Grant Program 16 738 R2011-1071 35,589 0 Total U.S. Department of Justice 679,725 0 U.S. Department of Transportation Pass-through Award from Palm Beach County, Florida ARRA -Federal Transit Formula Grant 20 507 FX-96-X026-01 305,169 0 Pass-through Award from the State of Florida Department of Transportation Alcohol Impaired Driving Countermeasures Grant 20 601 K8-11-06-13 28,803 0 Total U.S. Department of Transportation 333,972 0 U.S. Department of Energy Direct Awards ARRA -Electricity Delivery and Energy Reliability, Research, Development and Analysis 81 122 DE-OE000415 331 0 ARRA -Energy Efficiency and Conservation Block Grant 81 128 DE-SC0002536 72,123 0 Total U.S. Department of Energy 72,454 0 U.S. Department of Homeland Security Direct Award Hazard Mitigation Grant Program 97 039 09HM-12-10-60-02-003 93,486 0 Pass-through Awards from the State of Florida Department of Financial Services Homeland Security Grant Program 97 067 08DS-60-13-00-16-373 4,554 0 Homeland Security Grant Program 97 067 09DS-51-13-00-16-409 3,231 0 Total U.S. Department of Homeland Security 101,271 0 Total Federal Awards $ 2,412,782 $ 101,000 Subrecipients Transfers to Expenditures 2011 Program (Continued) 138 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE (Continued) For the Fiscal Year Ended September 30, 2011 Grantor/CSFA Contract/Grantor State Project Title Number Number State Financial Assistance Florida Department of Environmental Protection Direct Awards Beach Erosion Control Program 37 003 99-PB2 $ 75,913 $ 0 Florida Recreation Development Assistance 37 017 A9135 61,025 0 Water Protection and Sustainability Program 37 066 4600002307 130,600 0 Total Florida Department of Environmental Protection 267,538 0 Florida Department of Community Affairs Direct Award Residential Construction Mitigation Project 52 016 12RC-5S-10-60-02-172 850 0 Total Florida Department of Community Affairs 850 0 Florida Housing Finance Corporation Direct Award State Housing Initiatives Partnership Program 52 901 19 10 214,640 0 Total Florida Housing Finance Corporation 214,640 0 Florida Department of Transportation Direct Awards Public Transit Service Development Program 55 012 AP367 29,708 0 State Highway Project Reimbursement 55 023 426012-1-58-01 47,307 0 Total Florida Department of Transportation 77,015 0 Total State Financial Assistance $ 560,043 $ 0 Subrecipients Transfers to Expenditures 2011 Program See notes to schedule of expenditures of federal awards and state financial assistance 139 City of Delray Beach, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance September 30, 2011 140 1. Significant Accounting Policies The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance is presented in accordance with the provisions of the U.S. Office of Management and Budget (OMB) Circular A-133, the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General. The Schedule of Expenditures of Federal Awards and State Financial Assistance presents the federal awards and state financial assistance expended by the City of Delray Beach, Florida, for the year ended September 30, 2011 on the modified accrual basis of accounting. Because the schedule presents only a selected portion of the operations of the City of Delray Beach, Florida, it is not intended to and does not present the financial position or changes in net assets of the City of Delray Beach, Florida. 2. Contingency Amounts received or receivable from grantor agencies are subject to audit and adjustment by those agencies. Any disallowed claims, including amounts already received, might constitute a liability of the City for the return of those funds. In the opinion of management, all grant expenditures were in substantial compliance with the terms of the grant agreements and applicable federal and state laws and regulations. 141 Independent Auditor’s Report on Compliance With Requirements That Could Have a Direct and Material Effect on Each Major Federal Program and State Project and on Internal Control Over Compliance in Accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General To the Honorable Mayor and City Commission City of Delray Beach, Florida Compliance We have audited the compliance of the City of Delray Beach, Florida, with the types of compliance requirements described in the OMB Circular A-133 Compliance Supplement, and the requirements described in the Department of Financial Services’ State Projects Compliance Supplement, that could have a direct and material effect on each of the major federal programs and state projects of the City of Delray Beach, Florida, for the year ended September 30, 2011. The major federal programs and state projects of the City of Delray Beach, Florida, are identified in the summary of auditor’s results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major Federal programs and State projects is the responsibility of the management of the City of Delray Beach, Florida. Our responsibility is to express an opinion on compliance by the City of Delray Beach, Florida, based on our audit. We conducted our audit of compliance in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations; and, Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major Federal program or State project occurred. An audit includes examining, on a test basis, evidence about compliance by the City of Delray Beach, Florida, with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on compliance by the City of Delray Beach, Florida, with those requirements. In our opinion, the City of Delray Beach, Florida, complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major Federal programs and State projects for the year ended September 30, 2011. However, the results of our auditing procedures disclosed instances of noncompliance with those requirements, which are required to be reported in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, and which are described in the accompanying Schedule of Findings and Questioned Costs as items 2011-1 and 2011-2. CALER, DONTEN, LEVINE, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA JAMES F MULLEN, IV, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpa com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 142 Internal Control Over Compliance Management of the City of Delray Beach, Florida, is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts, and grants applicable to Federal programs and State projects. In planning and performing our audit, we considered the City’s internal control over compliance with requirements that could have a direct and material effect on a major Federal program or State project to determine the auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a Federal program or State project on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a Federal program or State project will not be prevented, or detected and corrected, on a timely basis. Our consideration of the internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. The City’s responses to the findings identified in our audit are described in the accompanying Schedule of Findings and Questioned Costs. We did not audit the City’s responses and, accordingly, we express no opinion on the responses. This report is intended solely for the information and use of the City Commission, management and others within the City of Delray Beach, Florida, federal and state awarding agencies and pass-through entities, and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. March 12, 2012 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS For the Fiscal Year Ended September 30, 2011 143 SECTION I -SUMMARY OF AUDITOR’S RESULTS Financial Statements Type of auditor’s report issued: Internal control over financial reporting: Material weakness(es) identified? Significant deficiency (ies) identified that are not considered to be material weaknesses? Noncompliance material to financial statements noted? Unqualified Opinion Yes X No Yes X None reported Yes X No Federal Award Programs and State Financial Assistance Projects Internal control over major Federal Award Programs and State Financial Assistance Projects: Material weakness(es) identified? Significant deficiency (ies) identified that are not considered to be material weaknesses? Type of auditor’s report issued on compliance for major Federal Award Programs and major State Financial Assistance Projects: Any audit findings disclosed that are required to be reported in accordance with Section 510(a) of OMB Circular A-133? Any audit findings disclosed that are required to be reported in accordance with Rule 10.557, Rules of the Auditor General? Yes X No Yes X None reported Unqualified Opinion X Yes No X Yes No Identification of Major Programs: Major Federal Award Programs CFDA No. U.S. Department of Housing and Urban Development Direct Award Community Development Block Grants/Entitlement Grants U.S. Department of Justice Direct Award ARRA – Public Safety Partnership and Community Policing Grant U.S. Department of Transportation Pass through Award from Palm Beach County, Florida ARRA – Federal Transit Formula Grant 14.218 16.710 20.507 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Continued) For the Fiscal Year Ended September 30, 2011 144 SECTION I -SUMMARY OF AUDITOR’S RESULTS (Continued) Major Federal Award Programs (Continued) Dollar threshold used to distinguish between Type A and Type B Federal award programs: $ 300,000 Auditee qualified as low-risk auditee? X Yes No Major State Financial Assistance Projects State CSFA No. Florida Department of Environmental Protection Direct Award Water Protection and Sustainability Program Florida Housing Finance Corporation Direct Award State Housing Initiatives Partnership Program 37.066 52.901 Dollar threshold used to distinguish between Type A and Type B State financial assistance projects: $ 168,013 SECTION II -FINANCIAL STATEMENT FINDINGS None SECTION III -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS FINDINGS AND QUESTIONED COSTS Finding Number Finding Questioned Costs 2011-1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 Criteria: The City develops an annual Action Plan which is approved by the grantor and prescribes how the grant funds will be spent and allocated to the various types of programs. Unknown CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Continued) For the Fiscal Year Ended September 30, 2011 145 SECTION III -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS FINDINGS AND QUESTIONED COSTS (Continued) Finding Number Finding Questioned Costs 2011-1 Continued Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 24 CFR 85.20(a)(6) states that accounting records must be supported by source documentation, such as payrolls and time and attendance records. Section A-87, attachment B(8)(h)(3) states the standards regarding time distribution and requires salaries and wages for employees working solely on a single Federal award to be supported by periodic certifications that the employee worked solely on the program for the period covered by the certification. Section A-87, attachment B(8)(h)(4) requires salaries and wages for employees working on multiple Federal award programs to be supported by personnel activity reports or equivalent documentation. Condition: The City’s expenditures for housing rehabilitation recorded in Division 1963 totaled $434,659 for the year ended September 30, 2011. Of this amount $166,574 was expended for salaries and benefits for two City building inspectors and a secretary, and $13,781 was expended for overhead costs. The remaining balance of $254,304 was expended for contractor costs for housing rehabilitation. Effect: The grant funds expended for contract and direct costs to rehabilitate housing were 59% of the total housing rehabilitation expenditures while salary, benefits and overhead costs reimbursed to the City were 41% of the total housing rehabilitation expenditures. Cause: The City is allocating 100% of the time for two inspectors and a secretary to the housing rehabilitation program expenditures. Population and Items Tested: Auditor received an expenditure listing for this grant and summarized the total administrative expenses and compared to what was budgeted by the City. Recommendation: We recommend that the City assess the amount of each employee’s time charged to the housing rehabilitation program in relation to the actual rehabilitation contract work performed on client homes. We also recommend that the City establish a time reporting system to support the salaries and wages chargeable to each Federal program as required by 24 CFR 85.20(a)(6). CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Continued) For the Fiscal Year Ended September 30, 2011 146 SECTION III -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS FINDINGS AND QUESTIONED COSTS (Continued) Finding Number Finding Questioned Costs 2011-1 Continued 2011-2 Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 Grantee Response: With respect to the findings, the Neighborhood Services Division adheres stringently to the CDBG guidelines set forth by HUD for the CDBG program. Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 Criteria: The grant agreement and Action Plan requires that no more than 20% of the overall grant funds can be used for administration. The City’s Action Plan for 2010-2011 expenditures for CD Objective 1 had $111,310 budgeted for administration. 24 CFR 85.20(a)(6) states that accounting records must be supported by source documentation, such as payrolls and time and attendance records. Section A-87, attachment B(8)(h)(3) states the standards regarding time distribution and requires salaries and wages for employees working solely on a single Federal award to be supported by periodic certifications that the employee worked solely on the program for the period covered by the certification. Section A-87, attachment B(8)(h)(4) requires salaries and wages for employees working on multiple Federal award programs to be supported by personnel activity reports or equivalent documentation. Condition: The City’s Action Plan for 2010-2011 expenditures budgeted $111,310 for CD Objective 1 for administration. The City’s expenditures for administration for the year ended September 30, 2011 included $105,689 in Division 1961 for salaries, benefits and overhead for the Department Coordinator; $46,444 in Division 1963 for salaries and benefits for a secretary; and, $13,557 of other administrative costs. Total administrative expenditures were $165,690, which exceeded the allowable $144,766 administrative expense threshold. The City also allocates 100% of the cost of two inspectors to this program. The City has other housing rehabilitative programs and other grants, but no $20,924 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Continued) For the Fiscal Year Ended September 30, 2011 147 SECTION III -FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS FINDINGS AND QUESTIONED COSTS (Continued) Finding Number Finding Questioned Costs 2011-2 (Continued) Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 salaries or wages were allocated to these other programs. The City does not have time allocations or activity reports to support the salaries and wages charged to this CDBG program and other programs for employees who worked on multiple programs during the year. Effect: The total administrative expenditures were $165,690 which exceeded the 20% limitation on administration expenditures by $20,924 and exceeded budgeted expenditures by $54,380. Without proper documentation of time, the proper salaries and wages chargeable to the CDBG program and other programs cannot be determined. Cause: The City’s Neighborhood Services Division maintains that the secretary spends 100% of her time on housing rehabilitation program activities and that this cost was not considered administrative expenses. The Neighborhood Services Division did not prepare certifications or personnel activity reports or equivalent documentation for employees who worked on multiple programs during the year. Population and Items Tested: Auditor received an expenditure listing for this grant and summarized the amount of administrative expenses. Recommendation: We recommend that the City limit administrative expenses to no more than 20% of the total grant expenditures. We also recommend that the City establish a time reporting system to support the salaries and wages chargeable to each Federal program as required by 24 CFR 85.20(a)(6). Grantee Response: Detailed timesheets of task breakdown are not kept since 100% of work performed is for housing rehabilitation program activities. Total Questioned Costs $20,924 148 CORRECTIVE ACTION PLAN The City of Delray Beach, Florida, respectfully submits the following corrective action plan for the fiscal year ended September 30, 2011. The findings from the Schedule of Findings and Questioned Costs for the year ended September 30, 2011 are discussed below. The findings are numbered consistently with the numbers assigned in the schedule of findings and questioned costs. A. FINDINGS AND QUESTIONED COSTS – FEDERAL PROGRAMS Finding Number Finding 2011-1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 Criteria: The City develops an annual Action Plan which is approved by the grantor and prescribes how the grant funds will be spent and allocated to the various types of programs. 24 CFR 85.20(a)(6) states that accounting records must be supported by source documentation, such as payrolls and time and attendance records. Section A-87, attachment B(8)(h)(3) states the standards regarding time distribution and requires salaries and wages for employees working solely on a single Federal award to be supported by periodic certifications that the employee worked solely on the program for the period covered by the certification. Section A-87, attachment B(8)(h)(4) requires salaries and wages for employees working on multiple Federal award programs to be supported by personnel activity reports or equivalent documentation. Condition: The City’s expenditures for housing rehabilitation which are recorded in Division 1963 totaled $434,659 for the year ended September 30, 2011. Of this amount $166,574 was expended for salaries and benefits for two City building inspectors and a secretary and $13,781 was expended for overhead costs. The remaining balance of $254,304 was expended for contractor costs for housing rehabilitation. Effect: The grant funds expended for contract and direct costs to rehabilitate housing were 59% of the total housing rehabilitation expenditures while salary, benefits and overhead costs reimbursed to the City were 41% of the total housing rehabilitation expenditures. Cause: The City is allocating 100% of the time for two inspectors and a secretary to the housing rehabilitation program expenditures. 149 A. FINDINGS AND QUESTIONED COSTS – FEDERAL PROGRAMS (Continued) Finding Number Finding 2011-1 Continued 2011-2 Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 Population and Items Tested: Auditor received an expenditure listing for this grant and summarized the total administrative expenses and compared to what was budgeted by the City. Recommendation: We recommend that the City assess the amount of each employee’s time charged to the housing rehabilitation program in relation to the actual rehabilitation contract work performed on client homes. We also recommend that the City establish a time reporting system to support the salaries and wages chargeable to each Federal program as required by 24 CFR 85.20(a)(6). Action Taken: The Neighborhood Services Division believes they are in compliance with no further action needed. Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 Criteria: The grant agreement and Action Plan requires that no more than 20% of the overall grant funds can be used for administration. The City’s Action Plan for 2010-2011 expenditures for CD Objective 1 had $111,310 budgeted for administration. 24 CFR 85.20(a)(6) states that accounting records must be supported by source documentation, such as payrolls and time and attendance records. Section A-87, attachment B(8)(h)(3) states the standards regarding time distribution and requires salaries and wages for employees working solely on a single Federal award to be supported by periodic certifications that the employee worked solely on the program for the period covered by the certification. Section A-87, attachment B(8)(h)(4) requires salaries and wages for employees working on multiple Federal award programs to be supported by personnel activity reports or equivalent documentation. Condition: The City’s Action Plan for 2010-2011 expenditures budgeted $111,310 for CD Objective 1 for administration. The City’s expenditures for administration for the year ended September 30, 2011 included $105,689 in Division 1961 for salaries, benefits and overhead for the Department Coordinator and $46,444 in Division 1963 for salaries and benefits for a secretary and $13,557 of other administrative costs. Total administrative expenditures were $165,690, which exceeded the allowable $144,766 administrative expense threshold. The City also allocates 100% of the cost of two inspectors to this program. The City has other housing rehabilitative programs and other grants, but no salaries or wages allocated to these other programs. The City does not have time allocations or activity reports to support the salaries and wages charged to this CDBG program and other programs for employees who worked on multiple programs during the year. Effect: The total administrative expenditures were $165,690 which exceeded the 20% limitation on administration expenditures by $20,924 and exceeded budgeted expenditures by $54,380. Without proper documentation of time, the proper salaries and wages chargeable to the CDBG program and other programs cannot be determined. 150 A. FINDINGS AND QUESTIONED COSTS – FEDERAL PROGRAMS (Continued) Finding Number Finding 2011-2 (Continued) Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B-08-MC-12-0033; B-09-MC-12-0033; B-10-MC-12-0033 Cause: The City’s Neighborhood Services Division maintains that the secretary spends 100% of her time on housing rehabilitation program activities and that this cost was not considered administrative expenses. The Neighborhood Services Division did not prepare certifications or personnel activity reports or equivalent documentation for employees who worked on multiple programs during the year. Population and Items Tested: Auditor received an expenditure listing for this grant and summarized the amount of administrative expenses. Recommendation: We recommend that the City limit administrative expenses to no more than 20% of the total grant expenditures. We also recommend that the City establish a time reporting system to support the salaries and wages chargeable to each Federal program as required by 24 CFR 85.20(a)(6). Action Taken: The Neighborhood Services Division believes they are in compliance with no further action needed. If you have any additional questions concerning this corrective action plan adopted by the City, please call me at (561) 243-7000 Sincerely, David A. Boyd Finance Director CITY OF DELRAY BEACH, FLORIDA SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS – FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS For the Fiscal Year Ended September 30, 2011 151 PRIOR YEAR FINDINGS AND QUESTIONED COSTS – MAJOR FEDERAL AWARD PROGRAMS Finding Number Finding Questioned Costs 2009-1 2009-3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B-06-MC-12-0033; B-07-MC-12-0033 Condition: The City’s expenditures for housing rehabilitation totaled $264,621 for the year ended September 30, 2009. Of this amount $182,805 or 71% was expended for administration costs, including salaries and benefits for two City building inspectors and a secretary and $4,274 for overhead costs. The remaining balance of $77,542 or 29% was expended for contractor costs for housing rehabilitation. Recommendation: We recommend that the City assess the amount of each employee’s time charged to the housing rehabilitation program in relation to the actual rehabilitation contract work performed on client homes. Current Status: See the current year finding 2011-1 and grantee response in the Schedule of Findings and Questioned Costs. Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B-06-MC-12-0033; B-07-MC-12-0033 Condition: The City’s Action Plan for 2008-2009 expenditures budgeted $104,980 for CD Objective 1 for administration. The grant agreement and Action Plan requires that no more than 20% of the overall grant funds can be used for administration. The City’s 2008-2009 expenditures for CD Objective 1 for administration were $147,058 or 26% of the total grant expenditures. Recommendation: We recommend that the City limit administrative expenses to no more than 20% of the total grant expenditures. Current Status: See the current year finding 2011-2 and grantee response in the Schedule of Findings and Questioned Costs. Unknown Unknown CITY OF DELRAY BEACH, FLORIDA SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS – FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Continued) For the Fiscal Year Ended September 30, 2011 152 PRIOR YEAR FINDINGS AND QUESTIONED COSTS – MAJOR FEDERAL AWARD PROGRAMS (Continued) Finding Number Finding Questioned Costs 2010-1 2010-2 Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B-07-MC-12-0033; B-08-MC-12-0033; B-09-MC-12-0033 Condition: The City’s expenditures for housing rehabilitation totaled $258,141 for the year ended September 30, 2010. Of this amount $178,916 was expended for salaries and benefits for two City building inspectors and a secretary and $8,198 was expended for overhead costs. The remaining balance of $71,027 was expended for contractor costs for housing rehabilitation. Recommendation: We recommend that the City assess the amount of each employees’ time charged to the housing rehabilitation program in relation to the actual rehabilitation contract work performed on client homes. Current Status: See the current year finding 2011-1 and grantee response in the Schedule of Findings and Questioned Costs. Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B-07-MC-12-0033; B-08-MC-12-0033; B-09-MC-12-0033 Condition: The City’s Action Plan for 2009-2010 expenditures budgeted $111,445 for CD Objective 1 for administration. The City’s expenditures for administration for the year ended September 30, 2010 included $98,489 in Division 1961 for salaries, benefits and overhead for the Department Coordinator and $51,511 in Division 1963 for salaries, benefits and overhead for a secretary. Total administrative expenditures were $150,000, which exceeded the allowable $111,445 administrative expense threshold. The City also allocates 100% of the cost of two inspectors to this program. The City has other housing rehabilitative programs and other grants, but no salaries or wages allocated to these other programs. The City does not have time allocations or activity reports to support the salaries and wages charged to this CDBG program and other programs for employees who worked on multiple programs during the year. Unknown $38,555 CITY OF DELRAY BEACH, FLORIDA SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS – FEDERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Continued) For the Fiscal Year Ended September 30, 2011 153 PRIOR YEAR FINDINGS AND QUESTIONED COSTS – MAJOR FEDERAL AWARD PROGRAMS (Continued) Finding Number Finding Questioned Costs 2010-2 (Continued) Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B-07-MC-12-0033; B-08-MC-12-0033; B-09-MC-12-0033 Recommendation: We recommend that the City limit administrative expenses to no more than 20% of the total grant expenditures. We also recommend that the City establish a time reporting system to support the salaries and wages chargeable to each Federal program. We recommend that the City limit administrative expenses to no more than 20% of the total grant expenditures. We also recommend that the City establish a time reporting system to support the salaries and wages chargeable to each Federal program. Current Status: See the current year finding 2011-2 and grantee response in the Schedule of Findings and Questioned Costs. Management Letter 154 Management Letter To the Honorable Mayor and City Commission City of Delray Beach, Florida We have audited the financial statements of the City of Delray Beach, Florida, as of and for the fiscal year ended September 30, 2011, and have issued our report thereon dated March 12, 2012. Our report was modified to include references to other auditors. We conducted our audit in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and, OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. We have issued our Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters, Independent Auditor’s Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Federal Program and State Project and on Internal Control Over Compliance, and Schedule of Findings and Questioned Costs. Disclosures in those reports and schedule, which are dated March 12, 2012, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General, which governs the conduct of local governmental entity audits performed in the State of Florida. This letter includes the following information, which is not included in the aforementioned auditor’s reports or schedule: 1. Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. We noted that our recommendations related to comments 2008-5 Information Systems; 2010-3 Codification of Accounting Policies; 2010-4 Documentation of Control Procedures; and, 2010-5 Expenditures Over Appropriations reported in our management letter dated May 4, 2011 have been adequately addressed or no longer apply. Findings 2009-1, 2009-3, 2010-1 and 2010-2, all related to the City’s Community Development Block Grants previously reported in the Schedule of Findings and Questioned Costs have not been corrected as reported in the Summary of Prior Audit Findings. 2. Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City of Delray Beach, Florida complied with Section 218.415, Florida Statutes. 3. Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our audit, we have the following recommendations: CALER, DONTEN, LEVINE, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA JAMES F MULLEN, IV, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpa com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 15 5 2011-3 Cash Account Criteria: All cash accounts owned by the City should be tracked and recorded in the City’s accounting records. Condition: We noted that the City maintained one cash account with Citibank which was not recorded on the City’s books. Effect: Understatement of cash and possible lack of recording accounting activity in the general ledger. Cause: Although the City prepares a reconciliation for this account, the reconciliation details all activity for each month and reconciles the beginning and ending balances as indicated on the bank statement, but does not reconcile the bank statement balance to the general ledger. This oversight possibly occurred due to the confusion between the City’s imprest cash balance held by CIGNA and Citibank account. Recommendation: We recommend that the City review all cash accounts held by the City and perform reconciliations for all accounts between the bank statement balance and the general ledger balance. 4. Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address violations of provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but more than inconsequential. The results of our procedures disclosed no such matters, except as reported in the Schedule of Findings and Questioned Costs. 5. Section 10.554(1)(i)5., Rules of the Auditor General, provides that the auditor may, based on professional judgment, report the following matters that have an inconsequential effect on financial statements, considering both quantitative and qualitative factors: (1) violations of provisions of contracts or grant agreements, fraud, illegal acts, or abuse, and (2) deficiencies in internal control that are not significant deficiencies. In connection with our audit, we noted the following matter: 2011-4 Expenditures Over Appropriations We noted that the City’s expenditures exceeded the final budgeted appropriations for the year ended September 30, 2011 for several General Fund functions as indicated in Note 17 to the financial statements. We recommend that the City review expenditures in relation to budgeted amounts during the year and amend the budget as necessary to prevent over-expenditure of budgeted categories. 6. Section 10.554(1)(i)6., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. This information is disclosed in Note 1 to the financial statements. 7. Section 10.554(1)(i)7.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes. 8. Section 10.554(1)(i)7.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the City for the fiscal year ended September 30, 2011, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement 15 6 with the annual financial audit report for the fiscal year ended September 30, 2011. We noted that the amounts reported in the Annual Financial Report were in substantial agreement with the audited financial statements for the year ended September 30, 2011. In connection with our audit, we determined that these two reports were in agreement. 9. Pursuant to Sections 10.554(1)(i)7.c. and 10.556(7), Rules of the Auditor General, we applied financial condition assessment procedures. It is management’s responsibility to monitor the City’s financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. The results of our procedures disclosed no matters that are required to be reported. The responses by the City’s management to matters identified in our management letter are described in the accompanying Response to Management Letter. We did not audit the responses of the City and, accordingly, we express no opinion on them. Pursuant to Chapter 119, Florida Statutes, this management letter is a public record and its distribution is not limited. U.S. generally accepted auditing standards require us to indicate that this report is intended solely for the information and use of the City Commission and management of the City of Delray Beach, Florida, federal and state awarding agencies and pass-through entities, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. March 12, 2012 157 March 14, 2012 Auditor General’s Office Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Subject: Response to the Management Letter Comments Comprehensive Annual Financial Report – September 30, 2011 Our response to current year comments and recommendations are listed below: 2011-3 Cash Account -Management concurs that all cash accounts need to recorded in the general ledger and reconciled with the bank statement. 2011-4 Expenditures Over Appropriations -Although there were various departments that were over budget, the functions were all under budget. Management concurs the budget needs to be amended to prevent over-expenditure of budgeted categories. Sincerely, David A. Boyd Finance Director mls/dab doc: audgen MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 3, 2012 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 15, 2012 REQUEST FOR A SIDEWALK DEFERRAL /633 NORTH OCEAN BOULEVARD ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 633 N. Ocean Blvd. BACKGROUND The subject property is currently a vacant lot located on the east side of N. Ocean Blvd (SR A1A) and south of Crestwood Drive. Refer to attached location map. The applicant plans to construct a single family residence. Currently, there are no plans to install a sidewalk along the east side of N. Ocean Blvd (SR A1A) in the vicinity of the subject residence, however; there is an existing sidewalk along the west side of N. Ocean Blvd (SR A1A). Sidewalk Deferral was supported at the May 3, 2012 DSMG meeting. RECOMMENDATION Staff supports approval for sidewalk deferral. MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 3, 2012 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MAY 15, 2012 HOLD HARMLESS AGREEMENT/633 NORTH OCEAN BOULEVARD ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement with Dolores Cusson (Owner) to install/construct utilities in the right-of-way of the State of Florida. This property is located at 633 N. Ocean Boulevard. BACKGROUND The owner is planning to install a water service line from existing utilities within the State Right-of-Way on N. Ocean Boulevard (A1A). As a result, a permit from the Florida Department of Transportation (FDOT) is required. Since the City will be maintaining that part of the service within the FDOT right-of-way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within the FDOT rightof-way by the Owner. RECOMMENDATION Staff recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 7, 2012 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MAY 15, 2012 RESOLUTION NO. 23-12/JPA/FDOT ITEM BEFORE COMMISSION Request adoption and authorization for the Mayor to execute Resolution No. 23-12; and approval of a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for 100% reimbursement of costs related to the operation of Delray Beach's free shuttle service. Total project cost is estimated at $198,515. Project #12-064. BACKGROUND The City was awarded a 100% grant from the FDOT. This grant will fund operational costs of the Delray Beach free shuttle. At the current cost of $38.50 per hour, this grant will provide 5,156 hours of service to the public. Total cost of the JPA is $198,515 earmarked for operational expenses (drivers and vehicle maintenance). RECOMMENDATION Staff recommends approval. RESOLUTION NO. 23-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE SERVICE DEVELOPMENT FUNDING TO THE CITY OF DELRAY BEACH TO ENHANCE AND/OR EXPAND THE DOWNTOWN TROLLEY SERVICES LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Delray Beach Florida desires to approve the Joint Participation Agreement with the State of Florida Department of Transportation to provide service development funding to the City of Delray Beach to enhance and/or expand the downtown trolley services located within the City of Delray Beach. WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the recitals set forth are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry in the Joint Participation Agreement, related to Financial Project No. 427853-1-84-01, between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the ____ day of ______________, 2012. ___________________________________ M A Y O R ATTEST: ________________________ City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: May 8, 2012 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MAY 15, 2012 AMENDMENT TO WORKFORCE HOUSING COVENANT/ALTA CONGRESS OWNER, LLC ITEM BEFORE COMMISSION City Commission consideration and approval of an Amendment to the Workforce Housing Covenant between the City of Delray Beach and Alta Congress Owner, LLC, pursuant to the requirements under Section 4.7 of the Land Development Regulations (LDR's). BACKGROUND The lending institution for the project has requested that the City make the following changes to the Workforce Housing Covenant: (1) Under Recitals, C, that rental rates do not exceed a certain percentage of the rent limits for the area as published by the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for West Palm Beach -Boca Raton HMFA area. (2) Under II Rental Units, 2.3 -requires that all moderate-income households shall comply with the underwriting criteria established by the developer for all tenants. RECOMMENDATION Staff is recommending City Commission approval of the amendment to the Workforce Housing Covenant, as proposed, between the City and the Alta Congress Owner, LLC. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: May 8, 2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MAY 15, 2012 REVISED WORKFORCE HOUSING COVENANT: BEHRINGER HARVARD DELRAY, LLC ITEM BEFORE COMMISSION City Commission consideration of a revised Workforce Housing Covenant between the City of Delray Beach and Behringer Harvard Delray LLC, formerly known as Floranda MHP, LLC and New Century Executive Quarters, LLC, pursuant to the requirements under Section 4.7 of the Land Development Regulations (LDR's). BACKGROUND The City Commission approved the Workforce Housing Agreement between the City of Delray Beach and Floranda MHP, LLC and New Century Executive Quarters, LLC on January 17, 2012 as amended. The revision on this agreement changes the name of the developer to Behringer Harvard Delray LLC. There are no other changes to this agreement. RECOMMENDATION Staff is recommending City Commission approval of the revised Workforce Housing Covenant as proposed between the City and Behringer Harvard Delray LLC. MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 10, 2012 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MAY 15, 2012 AMENDMENT NO. 3 TO THE LICENSE AGREEMENT/DELRAY INTRACOASTAL CRUISES, LLC. ITEM BEFORE COMMISSION City Commission is requested to approve Admendment No. 3 to extend the License Agreement between the City of Delray Beach and Delray Intracoastal Cruises, LLC. (Pilgrim Belle Cruises, LLC) dated October 13, 2003 to February 1, 2017. BACKGROUND The City leases dock space to Delray Intracoastal Cruises, LLC to allow Delray Cruises to operate a charter cruise business from Veterans Park. As stated in the attached letter, Joe Reardon, President of Delray Intracoastal Cruises, LLC is requesting an extention to the License Agreement which expires February of 2014. Several reasons for the request are due to acquiring a new yacht which requires financing and a firm commitment to dock space and the amount of customers who wish to secure firm dates years in advance for their events. For the past nine years, Joe Reardon has offered an affordable and entertaining attraction to both the residents of Delray and its visitors. He partners with many of the area charitable organizations in the area and has donated his vessels for fundraisers for their causes. They cruise up and down the intracoastal which attracts visitors from all over the world who stay in area hotels, eat in area restaurants, and shop in local stores. RECOMMENDATION Parks and Recreation recommends City Commission approve Amendment No. 3 to extend the License Agreement between City of Delray Beach and Delray Intracoastal Cruises, LLC. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: April 30, 2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MAY 15, 2012 CONSENT TO ASSIGNMENT/SBA COMMUNICATIONS CORPORATION ITEM BEFORE COMMISSION Consent to Assignment Agreement from Mobilitie Investments II, LLC to SBA Communications Corporation. BACKGROUND The City entered into a Lease Agreement with T-Mobile dated July 29, 2008 and Consent to Assignment Agreement dated November 19, 2009 assigning the lease to Mobilitie Investments II, LLC. SBA Communications Corporation has notified the City that it has acquired Mobilitie Investments II, LLC, therefore we have prepared a Consent to Assignment Agreement to assign terms and conditions of the original agreement to SBA Communications. RECOMMENDATION The City Attorney's Office recommends approval. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain lease agreement dated July 29, 2008 and originally between the City of Delray Beach and T-Mobile South LLC and subsequently assigned to Mobilitie Investments II, LLC, a Delaware limited liability company, does hereby give consent to the assignment of the agreement from Mobilitie Investments II, LLC to SBA Communications Corporation, a Florida Corporation, which shall assume and agrees to all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this ___ day of May, 2012. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: ___________________________ City Clerk By: ___________________________ Nelson S. McDuffie, Mayor Approved as to legal form and Sufficiency: By: ___________________________ City Attorney WITNESSES: ___________________________ ___________________________ (Print or type name) ___________________________ ___________________________ (Print or type name) MOBILITIE INVESTMENTS II, LLC By: ___________________________ Print Name:_____________________ Title:___________________________ 2 (SEAL) STATE OF FLORIDA COUNTY OF _____________ The foregoing instrument was acknowledged before me this ____ day of ______________, 2012 by ___________________________ (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 corporation. He/She is personally known to me or has produced ________________________________ (type of identification) as identification and did (did not) take an oath. ___________________________________ Signature of Notary Public-State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq., Police Legal Advisor/Asst. City Attorney THROUGH: City Manager DATE: May 1, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MAY 15, 2012 TRAFFIC ENFORCEMENT AGREEMENT/HIGH POINT OF DELRAY CONDOMINIUM ASSOCIATION SECTION 1, INC. ITEM BEFORE COMMISSION Request to approve a Traffic Enforcement Agreement between The City of Delray Beach Police Department and High Point of Delray Beach Condominium Association Section 1, Inc. BACKGROUND This Agreement will allow the Police Department to enforce State and local traffic laws on the private roads of High Point of Delray Beach Condominium Section 1. The Agreement shall also mandate that the Homeowner Association comply with the speed limits set by Florida Statute and follow Department of Transportation standards for traffic control devices. The Police Department feels that allowing enforcement of State and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. FUNDING SOURCE High Point of Delray Condominium Assocation Section 1, Inc. will pay the sum of $12.00 per year to the City of Delray Beach. RECOMMENDATION Staff recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 10, 2012 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MAY 15, 2012 INTERLOCAL GRANT AGREEMENT/PALM BEACH COUNTY/POMPEY PARK BASEBALL FIELD RENOVATION PROJECT ITEM BEFORE COMMISSION Commission is requested to approve an Interlocal Agreement between Palm Beach County and the City of Delray Beach for funding of various improvements to Pompey Park baseball fields in the amount of $92,629. BACKGROUND Attached is an interlocal agreement which would provide funding in the amount of $92,629 for various improvements at Pompey Park. Project elements include raising the fences and replacing the clay at baseball fields 1, 2, and 3, installing a canopy over the backstop at field 1, repairing and renovating the dugout behind field 3, installing chain link fencing, hitting mats, new turf and netting around batting cages, and relocating electrical outlets. Also included are the purchase and installation of a new PA system and furniture for the Concession Stand/Press Box, purchase of a PA system for the Recreation Center, and purchase and installation of an informational sign/marquee on the southeast corner of the Pompey Park property. The agreement allows for the reimbursement of $92,629 of eligible project costs incurred subsequent to February 1, 2012, as delineated in Exhibit “D” to the agreement. RECOMMENDATION Staff recommends approval of the Interlocal Agreement between Palm Beach County and the City for funding in the amount of $92,629 for various improvements at Pompey Park. MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: April 24, 2012 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF MAY 15, 2012 SERVICE AUTHORIZATION NO. 12-03/MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Request approval of Service Authorization #12-03 to Mathews Consulting, Inc. in the amount of $25,910 for professional engineering services in developing bid packages for implementing the Water Meter/Advanced Metering Infrastructure (AMI) System, P/N 2012-013. BACKGROUND In March 2011, City Commission approved a Service Authorization to Mathews Consulting, Inc. in the amount of $65,612.00 for professional services in conducting a Water Meter Replacement Program and AMR (Automatic Meter Reading) /AMI (Advanced Metering Infrastructure) System Evaluation, P/N 2011-091. The study and system evaluation was completed in December 2011. The consultant presented their conclusions and provided recommendations regarding future strategic planning at the February 14, 2012 Commission Workshop. The consensus from Commission was favorable for proceeding with our water meter replacement program and in utilizing the latest in AMI technology for system replacement. At the Work Session, some Commissioners requested to see a cost/benefit analysis before we proceed further. The following analysis is based on the Badger Meter ORION AMI System Net Present Value Analysis as shown on page 3 of the second attachment to this agenda item: AMI system cost $6,583,363 Touch Read system cost $2,830,011 Additional cost of AMI $3,753,352 10 year average savings $326,539 Payback period for AMI system is 11.5 years (3,753,352/326,539) This does not take into account savings from things like being able to turn off service for non-payment more quickly, since it can be done remotely rather than having to send someone to manually turn off the water service in the field. There will also be customer service improvements resulting from the ability to determine water consumption on a daily basis. The scope of services under this authorization is for providing engineering services in developing detailed bid documents and associated bidding services for implementing the water meter replacement program. Two bids will be established. One bid package will be for the procurement, installation, and start-up of the AMI infrastructure (system hardware, software, programming, and training), as well as for new meters. Bids will be solicited from the shortlisted vendors identified in the system evaluation report. The following vendors were identified as meeting the City’s requirements; Badger, Mueller, Neptune, and Sensus. The second bid package will be for contract services for the Citywide installation of the new meters. Both bids will incorporate phasing of work over a five year span. Total proposed costs for services under this Service Authorization are $25,910.00. Mathews Consulting is selected for this scope of work because of their previous efforts on the study and their current knowledge of the City's water metering system. FUNDING SOURCE Funding is available from account #442-5178-536-64.46, Water & Sewer Fund/Automatic Meter Reading. RECOMMENDATION Staff recommends approval of Service Authorization #12-03 to Mathews Consulting, Inc. in the amount of $25,910.00 for professional engineering services related to the Water Meter/AMI System implementation, P/N 2012-013. Appendix E City of Delray Beach Meter Replacement Program Net Present Value Analysis of Metering Alternatives ‐Summary Vendor NPV 1‐Year Replacement Program Payback NPV 5‐Year Replacement Program Payback AMR Systems Badger Meter ORION AMR System $3,203,737 Year 8 $2,128,700 Year 9 Datamatic Firefly AMR System $3,655,531 Year 8 $2,575,903 Year 9 Metron‐Farnier AMR System $2,952,087 Year 8 $1,879,665 Year 9 Mueller Systems AMR System $4,241,911 Year 6 $3,156,781 Year 8 Neptune ARB N‐Sight AMR System $3,764,122 Year 8 $2,683,630 Year 9 Sensus Flexnet AMR System $2,932,568 Year 8 $1,860,362 Year 9 Average NPV (Savings) $3,458,326 $2,380,840 AMI Systems Badger Meter ORION AMI System $3,747,029 Year 8 $2,673,020 Year 9 Datamatic Mosaic Firefly AMI System $4,235,229 Year 7 $3,157,168 Year 8 Metron‐Farnier AMI System N/A N/A N/A N/A Mueller MI‐Net System AMI System $3,659,291 Year 8 $2,586,189 Year 9 Neptune ARB N‐Sight AMI System $3,939,462 Year 7 $2,863,077 Year 9 Sensus Flexnet AMI System $3,552,506 Year 8 $2,481,691 Year 9 Average NPV (Savings) $3,826,703 $2,752,229 Page 1 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Badger Meter ORION AMR System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$6,477,363 ‐$6,477,363 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$2,900 $0 ‐$2,900 ‐$2,958 ‐$3,017 ‐$3,078 ‐$3,139 ‐$3,202 ‐$3,266 ‐$3,331 ‐$3,398 ‐$3,466 ‐$3,535 ‐$3,606 ‐$3,678 ‐$3,751 ‐$3,826 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,063,302 $1,034,051 $1,005,004 $976,165 $947,539 $919,130 $890,942 $862,980 $835,247 $807,750 $465,436 $432,121 $398,928 $365,862 $332,923 Present Value of Annual Savings: $1,037,368 $984,225 $933,246 $884,358 $837,487 $792,563 $749,519 $708,288 $668,806 $631,013 $354,730 $321,306 $289,391 $258,930 $229,872 Payback Analysis (Running Costs): ‐$6,477,363 ‐$5,439,995 ‐$4,455,770 ‐$3,522,524 ‐$2,638,166 ‐$1,800,679 ‐$1,008,116 ‐$258,598 $449,690 $1,118,496 $1,749,509 $2,104,239 $2,425,544 $2,714,935 $2,973,866 $3,203,737 Payback : Year 8 Net Present Value/Potential Savings: $3,203,737 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$6,477,363 ‐$1,295,473 ‐$1,321,382 ‐$1,347,810 ‐$1,374,766 ‐$1,402,261 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$2,900 $0 ‐$2,900 ‐$2,958 ‐$3,017 ‐$3,078 ‐$3,139 ‐$3,202 ‐$3,266 ‐$3,331 ‐$3,398 ‐$3,466 ‐$3,535 ‐$3,606 ‐$3,678 ‐$3,751 ‐$3,826 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $589,369 $678,184 $767,204 $856,432 $945,873 $917,630 $889,609 $861,813 $834,247 $806,916 $464,769 $431,621 $398,595 $365,695 $332,923 Present Value of Annual Savings: $574,994 $645,506 $712,425 $775,885 $836,014 $791,270 $748,397 $707,330 $668,005 $630,362 $354,222 $320,934 $289,149 $258,812 $229,872 Present Value of Capital Costs: ‐$1,295,473 ‐$1,289,153 ‐$1,282,865 ‐$1,276,607 ‐$1,270,379 Payback Analysis (Running Costs): ‐$2,009,632 ‐$2,646,991 ‐$3,211,172 ‐$3,705,666 ‐$2,869,653 ‐$2,078,383 ‐$1,329,986 ‐$622,656 $45,350 $675,711 $1,029,933 $1,350,867 $1,640,016 $1,898,828 $2,128,700 Payback: Year 9 Net Present Value/Potential Savings: $2,128,700 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AM program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 2 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Badger Meter ORION AMI System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,583,363 ‐$6,583,363 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$20,800 $0 ‐$20,800 ‐$21,216 ‐$21,640 ‐$22,073 ‐$22,515 ‐$22,965 ‐$23,424 ‐$23,893 ‐$24,371 ‐$24,858 ‐$25,355 ‐$25,862 ‐$26,379 ‐$26,907 ‐$27,445 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,109,205 $1,080,872 $1,052,762 $1,024,878 $997,226 $969,811 $942,636 $915,708 $889,030 $862,608 $521,392 $489,195 $457,145 $425,242 $393,491 Present Value of Annual Savings: $1,082,152 $1,028,790 $977,594 $928,489 $881,403 $836,265 $793,007 $751,564 $711,872 $673,868 $397,376 $363,744 $331,622 $300,955 $271,692 Payback Analysis (Running Costs): ‐$6,583,363 ‐$5,501,211 ‐$4,472,422 ‐$3,494,828 ‐$2,566,339 ‐$1,684,936 ‐$848,671 ‐$55,664 $695,900 $1,407,771 $2,081,639 $2,479,015 $2,842,759 $3,174,381 $3,475,337 $3,747,029 Payback: Year 8 Net Present Value/Potential Savings: $3,747,029 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,583,363 ‐$1,316,673 ‐$1,343,006 ‐$1,369,866 ‐$1,397,263 ‐$1,425,209 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$20,800 $0 ‐$20,800 ‐$21,216 ‐$21,640 ‐$22,073 ‐$22,515 ‐$22,965 ‐$23,424 ‐$23,893 ‐$24,371 ‐$24,858 ‐$25,355 ‐$25,862 ‐$26,379 ‐$26,907 ‐$27,445 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $635,272 $725,005 $814,962 $905,145 $995,560 $968,311 $941,303 $914,541 $888,030 $861,775 $520,725 $488,695 $456,811 $425,075 $393,491 Present Value of Annual Savings: $619,778 $690,071 $756,773 $820,016 $879,930 $834,971 $791,886 $750,607 $711,071 $673,217 $396,868 $363,372 $331,380 $300,837 $271,692 Present Value of Capital Costs: ‐$1,316,673 ‐$1,310,250 ‐$1,303,858 ‐$1,297,498 ‐$1,291,169 Payback Analysis (Running Costs): ‐$2,007,145 ‐$2,620,933 ‐$3,161,658 ‐$3,632,810 ‐$2,752,880 ‐$1,917,909 ‐$1,126,023 ‐$375,417 $335,654 $1,008,871 $1,405,738 $1,769,111 $2,100,491 $2,401,328 $2,673,020 Payback: Year 9 Net Present Value/Potential Savings: $2,673,020 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AMI program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 3 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Datamatic Firefly AMR System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$6,004,512 ‐$6,004,512 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$4,389 $0 ‐$4,389 ‐$4,476 ‐$4,566 ‐$4,657 ‐$4,750 ‐$4,845 ‐$4,942 ‐$5,041 ‐$5,142 ‐$5,245 ‐$5,350 ‐$5,457 ‐$5,566 ‐$5,677 ‐$5,791 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,061,814 $1,032,533 $1,003,455 $974,586 $945,928 $917,487 $889,266 $861,270 $833,503 $805,970 $463,621 $430,270 $397,040 $363,936 $330,959 Present Value of Annual Savings: $1,035,916 $982,779 $931,808 $882,927 $836,063 $791,146 $748,108 $706,884 $667,410 $629,623 $353,347 $319,930 $288,021 $257,567 $228,516 Payback Analysis (Running Costs): ‐$6,004,512 ‐$4,968,596 ‐$3,985,817 ‐$3,054,009 ‐$2,171,082 ‐$1,335,020 ‐$543,874 $204,234 $911,119 $1,578,528 $2,208,151 $2,561,497 $2,881,427 $3,169,448 $3,427,016 $3,655,531 Payback: Year 8 Net Present Value/Potential Savings: $3,655,531 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$6,004,512 ‐$1,200,902 ‐$1,224,920 ‐$1,249,419 ‐$1,274,407 ‐$1,299,895 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$4,389 $0 ‐$4,389 ‐$4,476 ‐$4,566 ‐$4,657 ‐$4,750 ‐$4,845 ‐$4,942 ‐$5,041 ‐$5,142 ‐$5,245 ‐$5,350 ‐$5,457 ‐$5,566 ‐$5,677 ‐$5,791 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $587,880 $676,666 $765,655 $854,852 $944,261 $915,987 $887,932 $860,103 $832,503 $805,137 $462,955 $429,770 $396,707 $363,769 $330,959 Present Value of Annual Savings: $573,542 $644,060 $710,987 $774,454 $834,589 $789,852 $746,987 $705,927 $666,609 $628,972 $352,838 $319,558 $287,779 $257,449 $228,516 Present Value of Capital Costs: ‐$1,200,902 ‐$1,195,044 ‐$1,189,215 ‐$1,183,414 ‐$1,177,641 Payback Analysis (Running Costs): ‐$1,822,405 ‐$2,367,559 ‐$2,839,986 ‐$3,243,173 ‐$2,408,584 ‐$1,618,731 ‐$871,745 ‐$165,818 $500,791 $1,129,762 $1,482,601 $1,802,159 $2,089,938 $2,347,388 $2,575,903 Payback: Year 9 Net Present Value/Potential Savings: $2,575,903 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AMI program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 4 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Datamatic Mosaic Firefly AMI System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,165,891 ‐$6,165,891 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$15,800 $0 ‐$15,800 ‐$16,116 ‐$16,438 ‐$16,767 ‐$17,102 ‐$17,444 ‐$17,793 ‐$18,149 ‐$18,512 ‐$18,882 ‐$19,260 ‐$19,645 ‐$20,038 ‐$20,439 ‐$20,847 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,114,206 $1,085,972 $1,057,964 $1,030,184 $1,002,639 $975,332 $948,268 $921,452 $894,889 $868,584 $527,487 $495,413 $463,486 $431,711 $400,089 Present Value of Annual Savings: $1,087,030 $1,033,644 $982,425 $933,296 $886,187 $841,025 $797,745 $756,278 $716,563 $678,536 $402,021 $368,367 $336,222 $305,533 $276,248 Payback Analysis (Running Costs): ‐$6,165,891 ‐$5,078,861 ‐$4,045,217 ‐$3,062,792 ‐$2,129,496 ‐$1,243,309 ‐$402,284 $395,461 $1,151,739 $1,868,301 $2,546,838 $2,948,859 $3,317,226 $3,653,448 $3,958,982 $4,235,229 Payback: Year 7 Net Present Value/Potential Savings: $4,235,229 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,165,891 ‐$1,233,178 ‐$1,257,842 ‐$1,282,999 ‐$1,308,659 ‐$1,334,832 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$15,800 $0 ‐$15,800 ‐$16,116 ‐$16,438 ‐$16,767 ‐$17,102 ‐$17,444 ‐$17,793 ‐$18,149 ‐$18,512 ‐$18,882 ‐$19,260 ‐$19,645 ‐$20,038 ‐$20,439 ‐$20,847 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $640,272 $730,106 $820,164 $910,451 $1,000,972 $973,832 $946,934 $920,285 $893,889 $867,750 $526,820 $494,913 $463,153 $431,544 $400,089 Present Value of Annual Savings: $624,656 $694,925 $761,604 $824,824 $884,714 $839,732 $796,623 $755,321 $715,762 $677,885 $401,513 $367,995 $335,981 $305,415 $276,248 Present Value of Capital Costs: ‐$1,233,178 ‐$1,227,163 ‐$1,221,177 ‐$1,215,220 ‐$1,209,292 Payback Analysis (Running Costs): ‐$1,835,685 ‐$2,361,936 ‐$2,815,552 ‐$3,200,020 ‐$2,315,307 ‐$1,475,575 ‐$678,952 $76,369 $792,131 $1,470,016 $1,871,529 $2,239,525 $2,575,505 $2,880,920 $3,157,168 Payback: Year 8 Net Present Value/Potential Savings: $3,157,168 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AMI program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 5 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Metron‐Farnier AMR System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$6,746,694 ‐$6,746,694 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$1,650 $0 ‐$1,650 ‐$1,683 ‐$1,717 ‐$1,751 ‐$1,786 ‐$1,822 ‐$1,858 ‐$1,895 ‐$1,933 ‐$1,972 ‐$2,011 ‐$2,052 ‐$2,093 ‐$2,134 ‐$2,177 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,064,552 $1,035,326 $1,006,305 $977,492 $948,892 $920,510 $892,350 $864,416 $836,712 $809,243 $466,960 $433,675 $400,514 $367,479 $334,572 Present Value of Annual Savings: $1,038,588 $985,438 $934,454 $885,560 $838,683 $793,753 $750,703 $709,466 $669,979 $632,180 $355,891 $322,462 $290,541 $260,075 $231,011 Payback Analysis (Running Costs): ‐$6,746,694 ‐$5,708,106 ‐$4,722,668 ‐$3,788,214 ‐$2,902,655 ‐$2,063,972 ‐$1,270,219 ‐$519,516 $189,950 $859,929 $1,492,109 $1,848,000 $2,170,461 $2,461,002 $2,721,077 $2,952,087 Payback: Year 8 Net Present Value/Potential Savings: $2,952,087 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$6,746,694 ‐$1,349,339 ‐$1,376,326 ‐$1,403,852 ‐$1,431,929 ‐$1,460,568 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$1,650 $0 ‐$1,650 ‐$1,683 ‐$1,717 ‐$1,751 ‐$1,786 ‐$1,822 ‐$1,858 ‐$1,895 ‐$1,933 ‐$1,972 ‐$2,011 ‐$2,052 ‐$2,093 ‐$2,134 ‐$2,177 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $590,619 $679,459 $768,505 $857,759 $947,226 $919,010 $891,017 $863,249 $835,712 $808,410 $466,293 $433,175 $400,180 $367,312 $334,572 Present Value of Annual Savings: $576,214 $646,719 $713,633 $777,087 $837,210 $792,460 $749,581 $708,509 $669,178 $631,529 $355,383 $322,090 $290,299 $259,957 $231,011 Present Value of Capital Costs: ‐$1,349,339 ‐$1,342,757 ‐$1,336,207 ‐$1,329,689 ‐$1,323,202 Payback Analysis (Running Costs): ‐$2,115,882 ‐$2,805,369 ‐$3,421,425 ‐$3,967,540 ‐$3,130,331 ‐$2,337,871 ‐$1,588,290 ‐$879,781 ‐$210,603 $420,926 $776,309 $1,098,399 $1,388,698 $1,648,654 $1,879,665 Payback: Year 9 Net Present Value/Potential Savings: $1,879,665 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AMI program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 6 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Mueller Systems AMR System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$5,437,775 ‐$5,437,775 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$3,000 $0 ‐$3,000 ‐$3,060 ‐$3,121 ‐$3,184 ‐$3,247 ‐$3,312 ‐$3,378 ‐$3,446 ‐$3,515 ‐$3,585 ‐$3,657 ‐$3,730 ‐$3,805 ‐$3,881 ‐$3,958 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,063,202 $1,033,949 $1,004,900 $976,059 $947,431 $919,020 $890,830 $862,865 $835,130 $807,630 $465,314 $431,996 $398,802 $365,732 $332,791 Present Value of Annual Savings: $1,037,271 $984,128 $933,150 $884,262 $837,391 $792,468 $749,424 $708,193 $668,712 $630,919 $354,637 $321,213 $289,299 $258,839 $229,781 Payback Analysis (Running Costs): ‐$5,437,775 ‐$4,400,504 ‐$3,416,377 ‐$2,483,227 ‐$1,598,965 ‐$761,574 $30,894 $780,318 $1,488,511 $2,157,223 $2,788,143 $3,142,779 $3,463,993 $3,753,292 $4,012,130 $4,241,911 Payback: Year 6 Net Present Value/Potential Savings: $4,241,911 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$5,437,775 ‐$1,087,555 ‐$1,109,306 ‐$1,131,492 ‐$1,154,122 ‐$1,177,204 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$3,000 $0 ‐$3,000 ‐$3,060 ‐$3,121 ‐$3,184 ‐$3,247 ‐$3,312 ‐$3,378 ‐$3,446 ‐$3,515 ‐$3,585 ‐$3,657 ‐$3,730 ‐$3,805 ‐$3,881 ‐$3,958 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $589,269 $678,082 $767,100 $856,326 $945,765 $917,520 $889,496 $861,698 $834,130 $806,797 $464,647 $431,496 $398,468 $365,566 $332,791 Present Value of Annual Savings: $574,897 $645,409 $712,329 $775,789 $835,918 $791,174 $748,302 $707,236 $667,912 $630,268 $354,129 $320,842 $289,057 $258,721 $229,781 Present Value of Capital Costs: ‐$1,087,555 ‐$1,082,250 ‐$1,076,971 ‐$1,071,717 ‐$1,066,489 Payback Analysis (Running Costs): ‐$1,594,908 ‐$2,026,470 ‐$2,385,858 ‐$2,676,558 ‐$1,840,640 ‐$1,049,466 ‐$301,164 $406,072 $1,073,984 $1,704,252 $2,058,381 $2,379,222 $2,668,279 $2,927,000 $3,156,781 Payback: Year 8 Net Present Value/Potential Savings: $3,156,781 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AM program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 7 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Mueller MI‐Net System AMI System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,676,759 ‐$6,676,759 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$20,400 $0 ‐$20,400 ‐$20,808 ‐$21,224 ‐$21,649 ‐$22,082 ‐$22,523 ‐$22,974 ‐$23,433 ‐$23,902 ‐$24,380 ‐$24,867 ‐$25,365 ‐$25,872 ‐$26,390 ‐$26,917 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,109,605 $1,081,280 $1,053,178 $1,025,303 $997,659 $970,253 $943,087 $916,167 $889,499 $863,086 $521,879 $489,693 $457,652 $425,760 $394,019 Present Value of Annual Savings: $1,082,542 $1,029,178 $977,980 $928,874 $881,785 $836,646 $793,386 $751,941 $712,247 $674,241 $397,747 $364,114 $331,990 $301,322 $272,056 Payback Analysis (Running Costs): ‐$6,676,759 ‐$5,594,217 ‐$4,565,039 ‐$3,587,059 ‐$2,658,185 ‐$1,776,400 ‐$939,754 ‐$146,368 $605,573 $1,317,820 $1,992,061 $2,389,809 $2,753,923 $3,085,913 $3,387,234 $3,659,291 Payback: Year 8 Net Present Value/Potential Savings: $3,659,291 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,676,759 ‐$1,335,352 ‐$1,362,059 ‐$1,389,300 ‐$1,417,086 ‐$1,445,428 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$20,400 $0 ‐$20,400 ‐$20,808 ‐$21,224 ‐$21,649 ‐$22,082 ‐$22,523 ‐$22,974 ‐$23,433 ‐$23,902 ‐$24,380 ‐$24,867 ‐$25,365 ‐$25,872 ‐$26,390 ‐$26,917 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $635,672 $725,413 $815,378 $905,569 $995,993 $968,753 $941,754 $915,001 $888,499 $862,253 $521,212 $489,193 $457,319 $425,593 $394,019 Present Value of Annual Savings: $620,168 $690,459 $757,159 $820,401 $880,312 $835,352 $792,265 $750,984 $711,446 $673,590 $397,239 $363,742 $331,748 $301,204 $272,056 Present Value of Capital Costs: ‐$1,335,352 ‐$1,328,838 ‐$1,322,356 ‐$1,315,905 ‐$1,309,486 Payback Analysis (Running Costs): ‐$2,044,022 ‐$2,675,919 ‐$3,234,665 ‐$3,723,750 ‐$2,843,437 ‐$2,008,085 ‐$1,215,821 ‐$464,837 $246,609 $920,199 $1,317,439 $1,681,181 $2,012,929 $2,314,133 $2,586,189 Payback: Year 9 Net Present Value/Potential Savings: $2,586,189 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AMI program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 8 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Neptune ARB N‐Sight AMR System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$5,915,564 ‐$5,915,564 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$3,000 $0 ‐$3,000 ‐$3,060 ‐$3,121 ‐$3,184 ‐$3,247 ‐$3,312 ‐$3,378 ‐$3,446 ‐$3,515 ‐$3,585 ‐$3,657 ‐$3,730 ‐$3,805 ‐$3,881 ‐$3,958 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,063,202 $1,033,949 $1,004,900 $976,059 $947,431 $919,020 $890,830 $862,865 $835,130 $807,630 $465,314 $431,996 $398,802 $365,732 $332,791 Present Value of Annual Savings: $1,037,271 $984,128 $933,150 $884,262 $837,391 $792,468 $749,424 $708,193 $668,712 $630,919 $354,637 $321,213 $289,299 $258,839 $229,781 Payback Analysis (Running Costs): ‐$5,915,564 ‐$4,878,293 ‐$3,894,166 ‐$2,961,016 ‐$2,076,755 ‐$1,239,364 ‐$446,896 $302,528 $1,010,722 $1,679,434 $2,310,353 $2,664,990 $2,986,204 $3,275,502 $3,534,341 $3,764,122 Payback: Year 8 Net Present Value/Potential Savings: $3,764,122 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$5,915,564 ‐$1,183,113 ‐$1,206,775 ‐$1,230,911 ‐$1,255,529 ‐$1,280,639 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$3,000 $0 ‐$3,000 ‐$3,060 ‐$3,121 ‐$3,184 ‐$3,247 ‐$3,312 ‐$3,378 ‐$3,446 ‐$3,515 ‐$3,585 ‐$3,657 ‐$3,730 ‐$3,805 ‐$3,881 ‐$3,958 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $589,269 $678,082 $767,100 $856,326 $945,765 $917,520 $889,496 $861,698 $834,130 $806,797 $464,647 $431,496 $398,468 $365,566 $332,791 Present Value of Annual Savings: $574,897 $645,409 $712,329 $775,789 $835,918 $791,174 $748,302 $707,236 $667,912 $630,268 $354,129 $320,842 $289,057 $258,721 $229,781 Present Value of Capital Costs: ‐$1,183,113 ‐$1,177,342 ‐$1,171,598 ‐$1,165,883 ‐$1,160,196 Payback Analysis (Running Costs): ‐$1,785,558 ‐$2,311,748 ‐$2,765,302 ‐$3,149,709 ‐$2,313,791 ‐$1,522,617 ‐$774,314 ‐$67,079 $600,833 $1,231,101 $1,585,230 $1,906,072 $2,195,129 $2,453,850 $2,683,630 Payback: Year 9 Net Present Value/Potential Savings: $2,683,630 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AM program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 9 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Neptune ARB N‐Sight AMI System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,338,594 ‐$6,338,594 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$24,500 $0 ‐$24,500 ‐$24,990 ‐$25,490 ‐$26,000 ‐$26,520 ‐$27,050 ‐$27,591 ‐$28,143 ‐$28,706 ‐$29,280 ‐$29,865 ‐$30,463 ‐$31,072 ‐$31,693 ‐$32,327 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,105,505 $1,077,098 $1,048,912 $1,020,952 $993,221 $965,726 $938,470 $911,458 $884,695 $858,186 $516,881 $484,595 $452,452 $420,456 $388,609 Present Value of Annual Savings: $1,078,542 $1,025,197 $974,019 $924,932 $877,863 $832,742 $789,502 $748,076 $708,400 $670,414 $393,938 $360,323 $328,218 $297,568 $268,321 Payback Analysis (Running Costs): ‐$6,338,594 ‐$5,260,052 ‐$4,234,855 ‐$3,260,836 ‐$2,335,904 ‐$1,458,041 ‐$625,299 $164,203 $912,279 $1,620,679 $2,291,093 $2,685,031 $3,045,355 $3,373,573 $3,671,141 $3,939,462 Payback: Year 7 Net Present Value/Potential Savings: $3,939,462 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,338,594 ‐$1,267,719 ‐$1,293,073 ‐$1,318,935 ‐$1,345,313 ‐$1,372,220 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$24,500 $0 ‐$24,500 ‐$24,990 ‐$25,490 ‐$26,000 ‐$26,520 ‐$27,050 ‐$27,591 ‐$28,143 ‐$28,706 ‐$29,280 ‐$29,865 ‐$30,463 ‐$31,072 ‐$31,693 ‐$32,327 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $631,572 $721,231 $811,112 $901,218 $991,555 $964,226 $937,136 $910,291 $883,695 $857,353 $516,215 $484,095 $452,119 $420,289 $388,609 Present Value of Annual Savings: $616,168 $686,478 $753,198 $816,459 $876,390 $831,449 $788,380 $747,118 $707,600 $669,763 $393,430 $359,952 $327,976 $297,450 $268,321 Present Value of Capital Costs: ‐$1,267,719 ‐$1,261,535 ‐$1,255,381 ‐$1,249,257 ‐$1,243,163 Payback Analysis (Running Costs): ‐$1,913,086 ‐$2,481,988 ‐$2,978,047 ‐$3,404,751 ‐$2,528,361 ‐$1,696,912 ‐$908,532 ‐$161,414 $546,185 $1,215,948 $1,609,378 $1,969,330 $2,297,306 $2,594,756 $2,863,077 Payback: Year 9 Net Present Value/Potential Savings: $2,863,077 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AMI program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 10 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Sensus Flexnet AMR System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$6,769,014 ‐$6,769,014 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$1,452 $0 ‐$1,452 ‐$1,481 ‐$1,511 ‐$1,541 ‐$1,572 ‐$1,603 ‐$1,635 ‐$1,668 ‐$1,701 ‐$1,735 ‐$1,770 ‐$1,805 ‐$1,841 ‐$1,878 ‐$1,916 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,064,750 $1,035,528 $1,006,511 $977,702 $949,107 $920,729 $892,573 $864,643 $836,944 $809,480 $467,201 $433,921 $400,765 $367,735 $334,834 Present Value of Annual Savings: $1,038,781 $985,630 $934,645 $885,750 $838,872 $793,942 $750,891 $709,653 $670,165 $632,365 $356,075 $322,645 $290,723 $260,256 $231,191 Payback Analysis (Running Costs): ‐$6,769,014 ‐$5,730,234 ‐$4,744,603 ‐$3,809,958 ‐$2,924,208 ‐$2,085,336 ‐$1,291,394 ‐$540,504 $169,149 $839,314 $1,471,678 $1,827,753 $2,150,398 $2,441,121 $2,701,377 $2,932,568 Payback: Year 8 Net Present Value/Potential Savings: $2,932,568 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMR System ‐$6,769,014 ‐$1,353,803 ‐$1,380,879 ‐$1,408,497 ‐$1,436,666 ‐$1,465,400 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMR System ‐$1,452 $0 ‐$1,452 ‐$1,481 ‐$1,511 ‐$1,541 ‐$1,572 ‐$1,603 ‐$1,635 ‐$1,668 ‐$1,701 ‐$1,735 ‐$1,770 ‐$1,805 ‐$1,841 ‐$1,878 ‐$1,916 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $255,214 $0 $255,214 $260,318 $265,525 $270,835 $276,252 $281,777 $287,412 $293,161 $299,024 $305,004 $311,104 $317,327 $323,673 $330,147 $336,749 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $590,817 $679,661 $768,711 $857,969 $947,440 $919,229 $891,240 $863,476 $835,944 $808,647 $466,534 $433,421 $400,432 $367,568 $334,834 Present Value of Annual Savings: $576,407 $646,911 $713,824 $777,277 $837,399 $792,648 $749,769 $708,695 $669,364 $631,714 $355,567 $322,273 $290,481 $260,138 $231,191 Present Value of Capital Costs: ‐$1,353,803 ‐$1,347,199 ‐$1,340,627 ‐$1,334,088 ‐$1,327,580 Payback Analysis (Running Costs): ‐$2,124,595 ‐$2,818,311 ‐$3,438,574 ‐$3,988,877 ‐$3,151,478 ‐$2,358,830 ‐$1,609,061 ‐$900,365 ‐$231,002 $400,712 $756,279 $1,078,552 $1,369,033 $1,629,171 $1,860,362 Payback: Year 9 Net Present Value/Potential Savings: $1,860,362 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AMI program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 11 of 12 Appendix E Salary & Benefits Growth Rate: 2.00% City of Delray Beach Meter Replacement Program Discount Rate for PV Analysis: 2.50% Net Present Value Analysis of Alternatives Inflation Rate (for Meter & Annual Costs): 2.00% Vendor: Sensus Flexnet AMI System Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,912,262 ‐$6,912,262 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$11,300 $0 ‐$11,300 ‐$11,526 ‐$11,757 ‐$11,992 ‐$12,231 ‐$12,476 ‐$12,726 ‐$12,980 ‐$13,240 ‐$13,505 ‐$13,775 ‐$14,050 ‐$14,331 ‐$14,618 ‐$14,910 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $552,533 $513,067 $473,600 $434,133 $394,667 $355,200 $315,733 $276,267 $236,800 $197,333 $157,867 $118,400 $78,933 $39,467 $0 Net Annual Savings: $0 $1,118,705 $1,090,562 $1,062,645 $1,034,960 $1,007,509 $980,300 $953,335 $926,620 $900,161 $873,961 $532,972 $501,007 $469,193 $437,531 $406,026 Present Value of Annual Savings: $1,091,420 $1,038,013 $986,772 $937,622 $890,492 $845,309 $802,008 $760,520 $720,784 $682,737 $406,202 $372,527 $340,362 $309,653 $280,347 Payback Analysis (Running Costs): ‐$6,912,262 ‐$5,820,842 ‐$4,782,829 ‐$3,796,058 ‐$2,858,435 ‐$1,967,944 ‐$1,122,634 ‐$320,627 $439,894 $1,160,678 $1,843,415 $2,249,617 $2,622,144 $2,962,506 $3,272,159 $3,552,506 Payback: Year 8 Net Present Value/Potential Savings: $3,552,506 Base Cost 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Capital Costs AMI System ‐$6,912,262 ‐$1,382,452 ‐$1,410,101 ‐$1,438,303 ‐$1,467,070 ‐$1,496,411 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Costs AMI System ‐$11,300 $0 ‐$11,300 ‐$11,526 ‐$11,757 ‐$11,992 ‐$12,231 ‐$12,476 ‐$12,726 ‐$12,980 ‐$13,240 ‐$13,505 ‐$13,775 ‐$14,050 ‐$14,331 ‐$14,618 ‐$14,910 Funding Reallocation from 15‐yr Meter Replacement Program* $258,455 $0 $258,455 $263,624 $268,897 $274,275 $279,760 $285,355 $291,062 $296,884 $302,821 $308,878 $0 $0 $0 $0 $0 Annual Budget Savings (Staff Reduction) $319,017 $0 $319,017 $325,397 $331,905 $338,543 $345,314 $352,221 $359,265 $366,450 $373,779 $381,255 $388,880 $396,658 $404,591 $412,683 $420,936 Annual Revenues Recovered due to Meter Accuracy $0 $78,600 $157,200 $235,800 $314,400 $393,000 $353,700 $314,400 $275,100 $235,800 $196,500 $157,200 $117,900 $78,600 $39,300 $0 Net Annual Savings: $0 $644,772 $734,695 $824,845 $915,226 $1,005,843 $978,800 $952,002 $925,454 $899,161 $873,128 $532,305 $500,507 $468,860 $437,365 $406,026 Present Value of Annual Savings: $629,046 $699,294 $765,951 $829,150 $889,018 $844,016 $800,886 $759,563 $719,984 $682,086 $405,694 $372,155 $340,120 $309,535 $280,347 Present Value of Capital Costs: ‐$1,382,452 ‐$1,375,709 ‐$1,368,998 ‐$1,362,320 ‐$1,355,674 Payback Analysis (Running Costs): ‐$2,129,115 ‐$2,798,820 ‐$3,395,189 ‐$3,921,713 ‐$3,032,695 ‐$2,188,679 ‐$1,387,793 ‐$628,230 $91,753 $773,840 $1,179,533 $1,551,689 $1,891,809 $2,201,344 $2,481,691 Payback: Year 9 Net Present Value/Potential Savings: $2,481,691 Year Year *Assumes the City of Delray Beach reallocates the funding for a basic 15 year meter replacement system to an 1 year or 5 year enhanced meter replacement system. Savings only valid for first 10 years. Assumes meters not being replaced initially with AMR/AMI program will be replaced in Years 11 through 15. AMR Program 1‐Year Replacement AMR Program 5‐Year Replacement Page 12 of 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert. A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 9, 2012 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MAY 15, 2012 SPECIAL EVENT REQUEST /ON THE AVE ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for On the Ave scheduled for July 3, 2012 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of A-1A from the south end of Boston’s to the south side of the north parking lot entrance of the Marriott and Atlantic Avenue from A-1-A to the east side of Salina and to authorize staff support for security and traffic control, fire inspection, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, site plan, budget and Economic Calculator for this event received from Sarah Martin, Executive Director of the Delray Beach Marketing Cooperative. Also attached is a cost comparison for City services between the May and July events. The estimate of overtime costs for this event is $5,095 and cost for the barricade rental is estimated at $270. Based on the event agreement, the DBMC is to pay the City 35% for all overtime costs plus the full cost of barricade rental for an estimated charge of $2,055. RECOMMENDATION Staff recommends approval of the Special Event Permit, approval of the temporary use permit and street closures, staff support as stated above, including barricades with payment of costs to the City per the Special Event Policies and Procedures. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 9, 2012 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF MAY 15, 2012 SPECIAL EVENT REQUEST /4TH OF JULY FESTIVITIES ITEM BEFORE COMMISSION City Commission is requested to endorse the 4th of July Festivities, grant a temporary use permit per LDR’s Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of NE/SE 7th Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from approximately 2:00 p.m. to midnight, to waive City ordinances 101.25 “Commercial Enterprises” and 101.32 “Assemblies” to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to approve staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. BACKGROUND Attached are the event permit, budget, site plan, draft activity schedule and economic calculator for this event. In addition, we have prepared a cost comparison between 2011 and 2012 for City costs. The 4th of July Festivities are sponsored by the City through the Parks and Recreation Department in partnership with the Delray Beach Marketing Cooperative. The Parks and Recreation Department is responsible for event management, planning, and coordination of staff support. The Delray Beach Marketing Cooperative contracts with the fireworks vendor for the display, and with entertainment, assists in fundraising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. The Delray Beach Marketing Cooperative staff continues to try to raise funds to offset the costs other than City staff and equipment costs. The draft event activity schedule is attached with fireworks beginning approximately 9:00 p.m. This year the fireworks are proposed to be staged on the beach. The cost of the fireworks display and other costs (except City overtime) are approximately $61,000. The City contributes $38,000 to the Delray Beach Marketing Cooperative to help offset the costs of the fireworks display. In addition, overtime costs for staff support are estimated to be approximately $20,690 and are paid for through the City departmental budgets. Barricade rental, portable lighting, crowd pleaser and port-a-let rental costs and sound equipment rental costs are approximately and additional $10,675, which are also paid for the by the City since this is a City sponsored event. Liability insurance is assumed by the City. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to allow assembly on the beach and vendors on A-1-A, approval of parking lot closure extension, and staff support as stated. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasm in Allen, Planner Paul D orling, AICP, D irector of Planning and Zoning THROUGH: City M anager DATE: May 10, 2012 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF MAY 15, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of April 30, 2012 through May 11, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: · The item must be raised by a Commission member. · By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of May 9, 2012 A. Approved (5 to 0, Scott Porten absent), an amendment to the blanket sign program for Linton Square, located at the northeast corner of Linton Boulevard and Congress Avenue, to allow two flat wall signs for a new business within the center and known as Dr. G’s Urgent Care (1425 South Congress Avenue). B. Approved (5 to 0), an amendment to the master sign program for Park Ten Industrial Park, located on the south side of SW 10th Street, east of I-95 to allow a new flat wall sign for Hurricane Proof to be placed on the south elevation of Building “H” within the industrial park (1505 Poinsettia Drive). C. Approved (5 to 0), a request for a color change for New Monmouth Condominiums, located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (36 South Ocean Boulevard). D. Approved (4 to 0, Rustem Kupi stepped down), an eighteen month extension (expiring June 9, 2014) for the Class III site plan modification, landscape plan and architectural elevation plan for The Boy’s Farmers Market, located on the east side of Military Trail, south of Lake Ida Road (14378 Military Trail). E. Approved (4 to 0, Roger DeCapito stepped down), a twenty-four month extension (expiring May 26, 2014), for the Class IV site plan modification, landscape plan and architectural elevation plan for Roseaire Retreat, located at the intersection of Gallagher Road (west side) and Brady Boulevard (14281 Gallagher Road). F. Denied (5 to 0), a Class I site plan modification and architectural elevation plan associated with the replacement of the existing glass service bay doors with steel doors for Delray Firestone, located on the south side of West Atlantic Avenue, west of Military Trail. G. Approved (4 to 1, Alice Finst dissenting), a Class I site plan modification and architectural elevation plan associated with the replacement of the existing glass service bay doors with steel doors for Delray Firestone, located at the southeast corner of SE 6th Avenue and SE 2nd Street (217 SE 6th Avenue). H. Approved (5 to 0), a Class I site plan modification associated with replacing two free standing canopies with a single canopy within a car prep area for Wallace Ford, located at the northwest corner of Linton Boulevard and Wallace Drive (1311 Linton Boulevard). I. Approved (4 to 0, Rustem Kupi stepped down), a Class I site plan modification associated with changing the outdoor courtyard entry feature for Boston’s Restaurant, located on the west side of South Ocean Boulevard, south of Atlantic Avenue ( 40 South Ocean Boulevard). Historic Preservation Board Meeting of May 2, 2012 1. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a new sign face on an existing free-standing sign at a contributing property located at 15 NE 4th Street, within the Del-Ida Park Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 9, 2012 SUBJECT: AGENDA ITEM 8.N.1 -REGULAR COMMISSION MEETING OF MAY 15, 2012 BID AWARD/SIMPLY THE BEST CHARTERS, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the bid award to low bidder, Simply the Best Charters, Inc. for bus rental and driver service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition, Over-Night/Weekend Trips, at an estimated annual cost of $45,989.00. BACKGROUND The Parks and Recreation Department has been contracting out bus services for many years for special events, summer camp, after school, youth football, etc. Bids for the Bus Rental and Driver Service were received on April 25, 2012 from two (2) contractors all in accordance with City's purchasing procedures. Simply the Best Charter, Inc $45,989.00; Bus-One.LLC. $63,551.00. A tabulation of bids is attached for your review. Simply the Best Charter, Inc. is the current bus rental provider for the Parks and Recreation Department and they have met all criteria specified in Bid # 2012-22. The service they provide is professional and friendly. Staff recommends award to low bidder, Simply the Best Charter, Inc. FUNDING SOURCE Funding from account codes as listed: 001-4105-572-44.90 ($4,500) Special Events/Out of School 001-4119-572-44.90 ($1,165) Special Events/505 Teen Center 115-4920-572-56.01 ($8,000) Summer/Holiday Camps-Community Center 115-4921-572-56.01 ($6,045) Summer/Holiday Camps-Pompey Park 001-4127-572-55.30 ($7,260) Youth Football 115-4912-572-55.30 ($6,050) 001-4127-572-44.90 ($1,400) Sport & Dance Competition 115-4127-572-56.27 ($2,135) 115-4127-572-56.29 ($2,130) 115-4912-572-55.30 ($5,500) Over-Night/Weekend Trips 115-4127-572-56.27 ($2,375) RECOMMENDATION Parks and Recreation recommends approval to award the Bus Service Rental bid to Simply the Best Charter, Inc. MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: May 9, 2012 SUBJECT: AGENDA ITEM 8.N.2 -REGULAR COMMISSION MEETING OF MAY 15, 2012 CONTRACT AWARD/OVIVO USA, LLC ITEM BEFORE COMMISSION Request an award to Ovivo USA, LLC in the amount of $64,454.00 for removing and replacing the gear motor units on Clarifier Units #1 and #3 at the Water Treatment Plant. Ovivo is the equipment manufacturer for the units. BACKGROUND During February 2012, Water Treatment Plant operators noticed a slight oil leak on the turbine drive assemblies of Clarifier Units #1 and #3. Staff contacted the unit’s manufacturer, Ovivo USA, LLC, to come and evaluate the unit’s condition. Onsite evaluation indicated worn bearings and seals on the gear motors. To repair the unit involves removal and replacement. The oil used in these units is vegetable grade, therefore no immediate health threat exists, however, the leaks will get progressively worse over time. Ovivo USA, LLC provided a quote in the amount of $32,652.00 for replacement of one gear motor unit. A savings in shipping costs of $850 can be realized if both units are replaced at the same time. Since both units will eventually need to be replaced, staff desires to take advantage of this cost savings. The scope of work includes mobilization, crane rigging, and removal/replacement of each unit. The new units will be a direct drive/variable speed type vs. the existing belt drive type unit. Staff recommends award to Ovivo USA, LLC in the amount of $64,454.00 for the replacement of gear motor units at two clarifier reactors, Units #1 and #3. The new units will have a standard one year warranty. The “Standard Form of Agreement between the City and Contractor” will be executed. FUNDING SOURCE Funding is proposed from account #442-5178-536-64.90, Water and Sewer Renewal & Replacement Fund/Other Machinery and Equipment, in the amount of $64,454.00, after a budget transfer. RECOMMENDATION Staff recommends award to Ovivo USA, LLC in the amount of $64,454.00 for replacement of the gear motor units on Clarifier #1 and #3 at the Water Treatment Plant. Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 1 of 8 PREPARED FOR City of Delray Beach, FL WTP 200 SW 6th Street Delray Beach, FL 33444 561-243-7318 561-243-7316 Fax Attention: Mr. John Bullard AREA REPRESENTATIVE TSC-Jacobs 11021 Countryway Blvd. Tampa, FL 33626 813-888-5556 Attention: Todd Rubens PROJECT: Rebuild the turbine drive (C72P) EIMCO 65′ dia. Reactor Clarifier Serial # 22695-01 PREPARED BY Ovivo USA, LLC 4255 Lake Park Blvd. – Suite 100 Salt Lake City, Utah 84120-8201 Terry A. Reyburn Phone (801) 931-3239 Fax (801) 931-3090 terry.reyburn@ovivowat er.com P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -1 Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 2 of 8 P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com PROJECT SUMMARY: Ovivo is pleased to provide the following proposal to replace the existing gearmotor on the West side Reactor Clarifier with a new style gearmotor that includes a variable speed drive (VFD). The Reactor Clarifier is a 65’ dia. tank with the Serial Number 22695-01 (please verify). We will also include the labor installation to install this unit, but the electrical portion will need to be done by the customer. Replacement gearmotor includes: • Gearmotor approx. 30HP (VFD suitable motor) • Pedestal Steel Plate • Spool piece adapter • Coupling • VFD • Related hardware • Engineering • Freight Labor Services: Ovivo will supply supervision, labor, service and equipment necessary to complete this rebuild project. We include: • Site mobilization • Removal of the existing turbine drive gearmotor • Replacement of new turbine drive gearmotor • Support of superstructure as needed • Crane, Mats, rigging and related equipment • Demobilization of personnel and equipment. • One shift, 10 hours per day We do not include: • Draining, cleaning and filling of tank • Lubrication for drive units • Electrical connections or disconnection. • Over-time work hours • Disposing of old debris. Gearmotor & Labor Services……………………………….…$32,652.00 Price is based on locating the crane adjacent to the tank. WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -2 Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 3 of 8 EWT anticipates 8 -10 weeks for materials; 1day to remove gearmotor, 1-2 days to re-install and check out unit. DELIVERY Ovivo intends to ship all Products as indicated above after receipt of approved purchase order from Purchaser. However, the date of shipment of the Products represent Ovivo's best estimate, but is not guaranteed, and Ovivo shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in this proposal. If such delivery is prevented or postponed by reason of Force Majeure, as defined in Ovivo’s standard terms and conditions of sale, Ovivo shall be entitled at its option to tender delivery to Purchaser at the point or points of manufacture, and in default of Purchaser’s acceptance of delivery, to cause the Products to be stored at such a point or points of manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this proposal. If shipment is postponed at request of Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from Ovivo that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by Ovivo with respect to the Products shall be for the account of Purchaser and shall be paid by Purchaser when invoiced. PRICING TERMS All prices quoted are in US Dollars. Prices are good for 45 days. After expiration of the pricing effective period, prices will be subject to review and adjustment. Prices quoted are FOB point of shipment, with freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price. PAYMENT TERMS Payment terms are: One hundred percent (100%) payment due within thirty (30) days after Purchaser’s receipt of invoice upon completion of the work. Credit is subject to acceptance by the Ovivo Credit Department. If Purchaser requests or causes cancellation, suspension or delay of Ovivo’s work, Purchaser shall accept transfer of title and pay Ovivo all appropriate charges incurred up to date of such event plus all charges related to storage, disposition and/or resumption of work. Full payment for all work shall be due and payable thirty (30) days from the date work is placed into storage. P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -3 Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 4 of 8 TAXESFederal, State or local sales, use or other taxes are not included in the sales price. BACKCHARGES In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible for such work or expenses, until after Purchaser/Owner has provided Ovivo’s PROJECT MANAGER full details (including estimate of material cost and amount and rate of labor required) of the work, services, material or expenses, and Ovivo has approved the same in writing. Ovivo will not accept Products returned by Purchaser/Owner unless Ovivo has previously accepted the return in writing and provided Purchaser/Owner with shipping instructions. **PURCHASE ORDER SUBMISSION** In an effort to ensure all purchase orders are processed timely and efficiently, please submit all purchase order documentation to the following department and address: Attn: Order Entry Administrator Ovivo USA, LLC 4255 Lake Park Blvd., Suite 100, Salt Lake City, Utah 84120 Fax #: 801-931-3080 Tel. #: 801-931-3000 P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -4 Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 5 of 8 ADDITIONAL FIELD SERVICE When included and noted in the Product pricing of each proposal item, Ovivo will supply the service of a competent field representative to inspect the completed installation and adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each proposal item for the number of eight (8) hour days. Notwithstanding Ovivo’s performance of the above-referenced services, Ovivo shall not be held liable for any faulty workmanship or other defects in the Products’ installation, or for other goods and/or services, performed by third parties unless such goods and/or services are expressly included under Ovivo’s scope of work. If additional service is required, it will be furnished to the Purchaser and billed to him at the current rate for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. It shall be the Purchaser's responsibility to provide for all necessary lubrication of all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Contractor not be ready when the Field Service Engineer is requested or if additional service is requested, the Ovivo current service rates will apply for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. SURFACE PREPARATION AND PAINTING GENERAL INFORMATION If painting the Products is included under Ovivo’s scope of work, such Products shall be painted in accordance with Ovivo’s standard practice. Shop primer paint is intended to serve only as minimal protective finish. Ovivo will not be responsible for condition of primed or finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper preparation and application prior to shipment. Ovivo assumes no responsibility for field service preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch-up to painted surfaces will be by Purchaser's painting contractor after mechanism erection. Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our intention to ship major steel components as soon as fabricated, often before drives, motors and other manufactured components. Unless you can insure that shop primed steel shall be field painted within thirty (30) days after arrival at the jobsite, we encourage you to purchase these components in the bare metal (no surface prep or primer) condition. Ovivo cannot accept responsibility for rusting or deterioration of shop applied prime coatings on delivered equipment if the primed surfaces have not been field painted within thirty (30) days of arrival at the jobsite using manufacturers' standard primers. Other primers may have less durability. P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 WTP Clarifier #1 and #3 Repair www.ovivowater.com P/N 2012-077 Pg 19 -5 Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 6 of 8 GENERAL ITEMS NOT INCLUDED Unless specifically and expressly included above, prices quoted by Ovivo do not include unloading, hauling, erection, installation, piping, valves, fittings, stairways, ladders, walkways, grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field painting, oil or grease, electrical controls, wiring, mounting hardware, welding, weld rod, shims, leveling plates, protection against corrosion due to unprotected storage, special engineering, or overall plant or system operating instructions or any other products or services. MANUALS The content of any and all installation, operation and maintenance or other manuals or documents pertaining to the Products are copyrighted and shall not be modified without the express prior written consent of Ovivo. Ovivo disclaims any liability for claims resulting from unauthorized modifications to any such manuals or other documents provided by Ovivo in connection with the Project. WARRANTY AND CONDITIONS Ovivo standard Terms and Conditions of Sale, QFORMEWT 0115-02031 is attached and made an essential part of this proposal. These terms and conditions are an integral part of Ovivo’s offer of Products and related services and replace and supersede any terms and conditions or warranty included in Purchaser or Owner requests for quotation or specifications and cannot be changed without written approval from an authorized representative of Ovivo. CONFIDENTIALITY To the extent allowed by applicable law, the contents of this proposal are confidential and shall be used by Purchaser and/or Owner only for the purpose of evaluating Ovivo’s offer of goods and services in connection with the Project. Purchaser/Owner shall not disclose the contents of this proposal to any third party without the prior written consent of Ovivo. Attachments: Ovivo USA, LLC General Terms and Conditions, QFORMEWT 0115-02031 Rev H Ovivo USA 2010 North American Field Service Rate Schedule P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -6 TERMS & CONDITIONS Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 7 of 8 1. ACCEPTANCE. The proposal of Ovivo USA, LLC (“SELLER”), as well as these terms and conditions of sale (collectively the “Agreement”), constitutes SELLER’s contractual offer of goods and associated services, and PURCHASER’s acceptance of this offer is expressly limited to the terms of the Agreement. The scope and terms and conditions of this Agreement represent the entire offer by SELLER and supersede all prior solicitations, discussions, agreements, understandings and representations between the parties. Any scope or terms and conditions included in PURCHASER’s acceptance/purchase order that are in addition to or different from this Agreement are hereby rejected. 2. DELIVERY. Any statements relating to the date of shipment of the Products (as defined below) represent SELLER'S best estimate, but is not guaranteed, and SELLER shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in SELLER’s proposal. If such delivery is prevented or postponed by reason of Force Majeure (as defined below), SELLER shall be entitled at its option to tender delivery to PURCHASER at the point or points of manufacture, and in default of PURCHASER’s acceptance of delivery to cause the Products to be stored at such a point or points of manufacture at PURCHASER'S expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this agreement. If shipment is postponed at request of PURCHASER, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from SELLER that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when invoiced. 3. TITLE AND RISK OF LOSS. SELLER shall retain the fullest right, title, and interest in the Products to the extent permitted by applicable law, including a security interest in the Products, until the full purchase price has been paid to SELLER. The giving and accepting of drafts, notes and/or trade acceptances to evidence the payments due shall not constitute or be construed as payment so as to pass SELLER’s interests until said drafts, notes and/or trade acceptances are paid in full. Risk of loss shall pass to PURCHASER at the delivery point. 4. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER warrants that new equipment and parts manufactured by it and provided to PURCHASER (collectively, “Products”) shall be free from defects in material and workmanship. The warranty period shall be twelve (12) months from startup of the equipment not to exceed eighteen (18) months from shipment. If any of SELLER’S Products fail to comply with the foregoing warranty, SELLER shall repair or replace free of charge to PURCHASER, EX WORKS SELLER’S FACTORIES or other location that SELLER designates, any Product or parts thereof returned to SELLER, which examination shall show to have failed under normal use and service operation by PURCHASER within the Warranty Period; provided, that if it would be impracticable for the Product or part thereof to be returned to SELLER, SELLER will send a representative to PURCHASER’s job site to inspect the Product. If it is determined after inspection that SELLER is liable under this warranty to repair or replace the Product or part thereof, SELLER shall bear the transportation costs of (a) returning the Product to SELLER for inspection or sending its representative to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is determined after inspection that SELLER is not liable under this warranty, PURCHASER shall pay those costs. For SELLER to be liable with respect to this warranty, PURCHASER must make its claims to SELLER with respect to this warranty in writing no later than thirty (30) days after the date PURCHASER discovers the basis for its warranty claim and in no event more than thirty (30) days after the expiration of the Warranty Period. In addition to any other limitation or disclaimer with respect to this warranty, SELLER shall have no liability with respect to any of the following: (i) failure of the Products, or damages to them, due to PURCHASER’s negligence or willful misconduct, abuse or improper storage, installation, application or maintenance (as specified in any manuals or written instructions that SELLER provides to the PURCHASER); (ii) any Products that have been altered or repaired in any way without SELLER’S prior written authorization; (iii) The costs of dismantling and reinstallation of the Products; (iv) any Products damaged while in transit or otherwise by accident; (v) decomposition of Products by chemical action, erosion or corrosion or wear to Products or due to conditions of temperature, moisture and dirt; or (vi) claims with respect to parts that are consumable and normally replaced during maintenance such as filter media, filter drainage belts and the like, except where such parts are not performing to SELLER’S estimate of normal service life, in which case, SELLER shall only be liable for the pro rata cost of replacement of those parts based on SELLER’S estimate of what the remaining service life of those parts should have been; provided, that failure of those parts did not result from any of the matters listed in clauses (i) through (v) above. With regard to third-party parts, equipment, accessories or components not of SELLER’s design, SELLER’S liability shall be limited solely to the assignment of available third-party warranties. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties and obligations of SELLER shall terminate if PURCHASER fails to perform its obligations under this Agreement including but not limited to any failure to pay any charges due to SELLER. SELLER’S quoted price for the Products is based upon this warranty. Any increase in warranty obligation may be subject to an increase in price. 5. PAINTING. The Products shall be painted in accordance with SELLER'S standard practice, and purchased items such as motors, controls, speed reducers, pumps, etc., will be painted in accordance with manufacturers’ standard practices, unless otherwise agreed in writing. 6. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests approval of drawings before commencement of manufacture, shipment may be delayed if approved drawings are not returned to SELLER within fourteen (14) days of receipt by PURCHASER of such drawings for approval. SELLER will furnish only general arrangement, general assembly, and if required, wiring diagrams, erection drawings, installation and operation-maintenance manuals for SELLER'S equipment (in English language). SELLER will supply six (6) complete sets of drawings and operating instructions. Additional sets will be paid for by PURCHASER. Electronic files, if requested from SELLER, will be provided in pdf, jpg or tif format only. 7. SET OFF. This Agreement shall be completely independent of all other contracts between the parties and all payments due to SELLER hereunder shall be paid when due and shall not be setoff or applied against any money due or claimed to be due from SELLER to PURCHASER on account of any other transaction or claim. 8. SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use any information processing program supplied by SELLER with the Products. PURCHASER acknowledges that such programs and the information contained therein is Confidential Information and agrees: a) not to copy or duplicate the program except for archival or security purposes; b) not to use the program on any computer other than the computer with which it is supplied; and c) to limit access to the program to those of its employees who are necessary to permit authorized use of the program. PURCHASER agrees to execute and be bound by the terms of any software license applicable to the Products supplied. 9. PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted against PURCHASER based upon claims that SELLER’s Product hereunder in and of itself constitutes an infringement of any valid apparatus claims of any United States patent issued and existing as of the date of this Agreement, if notified promptly in writing and given all information, assistance, and sole authority to defend and settle the same, and SELLER shall indemnify the PURCHASER against such claims of infringement. Furthermore, in case the use of the Products is enjoined in such suit or in case SELLER otherwise deems it advisable, SELLER shall, at its own expense and discretion, (a) procure for the PURCHASER the right to continue using the Products, (b) replace the same with non-infringing Products, (c) modify the Product so it becomes non-infringing, or (d) remove the Products and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for, and does not indemnify PURCHASER for, any claim of infringement related to (a) the use of the Products for any purpose other than that for which it was furnished by SELLER, (b) compliance with equipment designs not furnished by SELLER or (c) use of the Products in combination with any other equipment. The foregoing states the sole liability of SELLER for patent infringement with respect to the Products. 10. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon giving SELLER thirty (30) days prior written notice of such fact and paying SELLER for all costs and expenses incurred by it in performing its work and closing out the same plus a reasonable profit thereon. 11. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLER’s facility. SELLER reserves the right to determine the reasonableness of the request and to select an appropriate time for such inspection. All costs of inspections not expressly included as an itemized part of the quoted price of the Products in this Agreement shall be paid by PURCHASER. 12. WAIVER. Any failure by SELLER to enforce PURCHASER’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3000 • Fax: (801) 931-3080 WTP Clarifier #1 and #3 Repair www.ovivowater-.com P/N 2012-077 Pg 19 -7 TERMS & CONDITIONS Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 8 of 8 19. COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or conditions require anything different from, or in addition to, that called for by this Agreement, SELLER will satisfy such requirements at PURCHASER'S written request and expense. 20. FORCE MAJEURE. If SELLER is rendered unable, wholly or in material part, by reason of Force Majeure to carry out any of its obligations hereunder, then on SELLER’s notice in writing to PURCHASER within a reasonable time after the occurrence of the cause relied upon, such obligations shall be suspended. “Force Majeure” shall include, but not be limited to, acts of God, laws and regulations, strikes, civil disobedience or unrest, lightning, fire, flood, washout, storm, communication lines failure, delays of the PURCHASER or PURCHASER’s subcontractors, breakage or accident to equipment or machinery, wars, police actions, terrorism, embargos, and any other causes that are not reasonably within the control of the SELLER. If the delay is the result of PURCHASER’s action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to reimbursement of costs incurred to maintain its schedule. 21. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an independent contractor, and that neither SELLER nor its principals, partners, parents, subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint ventures or employees of PURCHASER in any way whatsoever. 22. SEVERABILITY. Should any portion of this Agreement, be held to be invalid or unenforceable under applicable law then the validity of the remaining portions thereof shall not be affected by such invalidity or unenforceability and shall remain in full force and effect. Furthermore, any invalid or unenforceable provision shall be modified accordingly within the confines of applicable law, giving maximum permissible effect to the parties’ intentions expressed herein. 23. LIMITATION ON LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE COST OF CORRECTING ANY DEFECTS, OR IN THE ABSENCE OF ANY DEFECT, IN EXCESS OF THE VALUE OF THE PRODUCTS SOLD HEREUNDER. NOTWITHSTANDING ANY LIABILITIES OR RESPONSIBILITIES ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, COST OF PURCHASED OR REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER CAUSE WHATSOEVER. REVISION DATE – MARCH 5, 2009 NORTH AMERICAN FIELD SERVICE RATE SHEET Effective January 2010 Standard (Travel) Daily Rate (8 hour day) $ 1,000.00 Hourly Rate (4 hour minimum) $ 125.00 Standard (Labor) Daily Rate (8 hour day) $ 1,000.00 Hourly Rate (4 hour minimum) $ 125.00 Saturday Daily Rate (8 hour day) $ 1,500.00 Hourly Rate (4 hour minimum) $ 187.50 Sundays/Holidays * Daily Rate (8 hour day) $ 2,000.00 Hourly Rate (4 hour minimum) $ 250.00 Overtime ** Hourly Rate -Standard Day $ 187.50 Hourly Rate -Weekends & Holidays $ 250.00 * Except Christmas Day and New Years Day ** For all hours worked over eight (8) hours per day UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% Please Note:  All of the rates provided are portal to portal. In addition, travel and living expenses will be invoiced at actual cost PLUS 10 % and documentation will be provided for these expenses. If a fixed Per Diem rate is required, it will be charged at $200.00 per day (lodging and meals) with the exception of the East Coast where the price will be $250.00). Travel on Saturday, Sunday or Holidays, and after 8 hours per day will be billed at the overtime rate.  Use of Ovivo Fleet vehicles for travel will be charged at the rate of $0.50 per mile. P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3000 • Fax: (801) 931-3080 www.ovivowater-.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -8 1 Majtenyi, Victor From: Reyburn Terry <Terry.Reyburn@ovivowater.com> Sent: Monday, May 07, 2012 11:54 AM To: Majtenyi, Victor Cc: Bullard, John; Williams, Harold Subject: Re: Eurodrive Quote-Delray Beach, FL Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category HelloVictor,unfortunatelythereisnodiscountonthelaborandthepartshoweverImightbeabletosaveacoupleofbuckson theshippingcharge.Sopleasesubtract$850ifyoupurchasebothatthesametime.Itsnotalotbuthopefullyithelps.Thanks,TerryReyburn.From: Majtenyi, Victor [mailto:Majtenyi@mydelraybeach.com] Sent: Monday, May 07, 2012 10:02 AM To: Reyburn Terry Cc: Bullard, John <BullardJ@mydelraybeach.com>; Williams, Harold <williamsh@mydelraybeach.com> Subject: FW: Eurodrive Quote-Delray Beach, FL Terry,Hopealliswell.Thanksforthequote.AsmentionedbyJohn,bothClarifiers,#1and#3,areindicatingsomelevelofproblemandwilleventuallyneedreplacement.IfweweretoconsiderseekingCityCommission’sapprovalforr eplacementofbothunits(1and3)atthesametime,canyouoffersomediscount?Thanks,VicFrom: Reyburn Terry [mailto:Terry.Reyburn@ovivowater.com] Sent: Monday, April 02, 2012 6:21 PM To: Bullard, John Cc: Williams, Harold; Jones, Brian; todd@tscjacobs.com Subject: RE: Eurodrive Quote-Delray Beach, FL John,Pleaseseetheattachedproposalperyourrequest.Thepricingisprettyclosetowhatiswaslastyearbut thistimeweneedtoaddtheadapterspoolpiece.Thelastonewedidlastyearalreadyhadonesoitwasnotneeded.Otherthatit’sprettymuchthesame.Pleaseletmeknowifyouhaveanyquestions.thanks,TerryA.Reyburn 2 U.S.AftermarketManagerOvivoUSA,LLC.Tel:8019313239Fax:8019313090EMail:terry.reyburn@ovivowater.comWebsite:www.ovivowater.comPleaseconsidertheenvironmentbeforeprintingthisemail. CONFIDENTIALITYNOTICE Thiselectronicmailmessage,includinganyattachments,areconfidentialandareintendedfortheexclusiveuseoftheaddressee.Anyotherpersonisstrictlyprohibitedfromdisclosing,distributing,forwardingorreproducingth emwithoutthepriorwrittenauthorizationofthesender.Iftheaddresseecannotbereachedorisunknowntoyou,pleaseimmediatelyinformthesenderbyreturnelectronicmailanddeletethiselectronicmailmessageandanyattachment sanddestroyallcopies.From: Bullard, John [mailto:BullardJ@mydelraybeach.com] Sent: Thursday, March 29, 2012 9:04 AM To: Reyburn Terry Cc: Williams, Harold; Jones, Brian Subject: Eurodrive Quote Terry,PleasesendusaquoteforaEurodriveandinstallationexactlyaswedidontheclarifier#2turbinedriveunit.Wewillprobablyinstallthefirstoneonclarifier#1,andbeforetoolongreplacetheoneonclarifier#3.Thank s,JohnM.BullardWaterTreatmentPlantManager200SW6thSt.DelrayBeach,FL334445612437319bullardj@mydelraybeach.com MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 9, 2012 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MAY 15, 2012 WAIVER REQUEST/SOUTH DELRAY SHOPPING CENTER ITEM BEFORE COMMISSION Consideration of a waiver request for South Delray Shopping Center pursuant to LDR 4.6.9 (D)(4)(d) to allow 22.3’ where a 24’ minimum two-way drive aisle width is required. BACKGROUND Waiver Requests LDR Section 2.4.7(B)(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. WAIVER TO 24’ MINIMUM TWO-WAY DRIVE AISLE WIDTH The applicant has requested a waiver to Land Development Regulation (LDR) Section 4.6.9 (D)(4)(d) to allow 22.3’ of pavement width where a 24’ minimum two-way drive aisle width is required. The following verbatim justification has been provided: "The proposed drive aisle is 22.3' wide. This driveway width meets AASHTO Design Guidelines (Ch. 5 Local Roads and Streets) for lane width requirements of 10' minimum, 11' preferred for internal circulation in parking lots. Also, since there is no parking proposed along this area of reduced width, therefore there will be no conflicts created between the proposed loading dock and vehicular traffic. The proposed building expansion must be at least 28.67' in order to accommodate two truck wells as provided on sheet 6100 of the submitted plans. On the east side of the drive aisle, a 5' landscape buffer is required per LDR Section 4.3.4. There is not enough room between the existing buffer and proposed expansion for us to meet this 24' requirement." A 22.3’ two-way drive aisle is proposed along the rear of the property adjacent to the east property line, where the dual truck bay is proposed. The minimum two-way parking lot drive aisle width requirement is twenty-four feet (24’). The interior two-way drive aisle width meets the minimum 24’ requirement elsewhere on the site. The reduced width is only needed to accommodate the new anchor store tenant. Due to the preexisting conditions which limit the available space for the proposed loading area improvements, the waiver can be supported. As such, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made, since the requested waiver will not diminish the provision of public facilities, result in the grant of a special privilege, adversely affect neighboring areas, nor will it create an unsafe situation. REVIEW BY OTHERS The Site Plan Review and Appearance Board reviewed the waiver request at their meeting in conjunction with the Class II Site Plan Modification approval. The Board moved a recommendation of approval of the waiver on a unanimous vote of 4-0.A detailed description and analysis of the development proposal is contained within the attached Site Plan Review and Appearance Board staff report of April 25, 2012. RECOMMENDATION Move approval of the request for a waiver to LDR Section 4.6.9 (D)(4)(d) to reduce the minimum twoway drive aisle width from 24’ to 22.3’, where requested, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. 1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SOUTH DELRAY SHOPPING CENTER located at 3000-3195 S. Federal Highway 1. This waiver request came before the City Commission on May 15, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for South Delray Shopping Center located at 3000-3195 S. Federal Highway. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(4)(d) Pursuant to LDR Section 4.6.9(D)(4)(d), the minimum required two-way drive aisle width is twenty-four feet (24’). The applicant is requesting a waiver to reduce the two-way drive aisle width from 24’ to 22.3’ for the drive aisle that is located between the dual truck loading bay and the east property line. Should the waiver be granted? Yes ______ No _______ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 2 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves __ denies ___ the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of May, 2012, by a vote of ____ in favor and ____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 7, 2012 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MAY 15, 2012 OFFER OF SETTLEMENT IN OF BISESTO V. CITY ITEM BEFORE COMMISSION Settlement offer in the case of Matthew Bisesto, individually and as Parent and Natural Guardian of Alexis Bisesto v. City of Delray Beach. BACKGROUND This case arises out of an incident where a five year old girl, Alexis, visited Veterans’ Park Playground on October 20, 2010. Alexis was playing on the monkey bar rings when she fell, sustaining a fracture to her elbow and wrist which required surgery. It was asserted that she fell due to a missing ring. It was found that two of the monkey bar rings were missing and had been reported missing to Parks Maintenance for approximately six months without repair. Her medical costs to date are approximately $25,000, with future medical costs listed at $30,500. The Plaintiff’s attorney has offered to settle this case for $70,000.00 with both parties bearing their own attorney’s fees and costs. The City’s third party adjuster, Gallagher Bassett also concurs in this recommendation. RECOMMENDATION Approve the settlement offer subject to the receipt of the appropriate releases. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 4, 2012 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MAY 15, 2012 APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Site Plan Review & Appearance Board. BACKGROUND There is a vacancy on the Site Plan Review and Appearance Board due to the resignation of Mr. Nick Sadowsky. The term is unexpired ending August 31, 2012. Appointment is needed for one (1) regular member. Contingent upon approval of Ordinance No. 15-12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Borrero. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term plus the two (2) year term ending August 31, 2014. RECOMMENDATION Recommend an appointment of one (1) regular member to serve on the Site Plan Review & Appearance Board for an unexpired term plus the two (2) year term ending August 31, 2014. SITE PLAN REVIEW AND APPEARANCE BOARD 03/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2012 Unexp Appt 10/03/06 Reappt 08/19/08 Reappt 08/17/10 Shane Ames, Chair Designer/Architect 08/31/2012 Unexp Appt 08/16/11 Shannon Dawson Business Owner- Property Management/Realtor 08/31/2013 Unexp Appt 01/03/12 Alice Finst Citizen-at-Large 08/31/2012 Appt 08/17/10 Rustem Kupi Architect 08/31/2013 Appt 08/19/09 Reappt 08/16/11 Scott Porten General Contractor 08/31/2012 Appt 09/07/10 Roger DeCapito Landscape & Design 08/31/2014 Unexp Appt Vacant Contact: Rebecca Truxell X-7040 S/City Clerk/Board 12/SPRAB SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Jose Aguila Architect Alejandro Borrero Architect/Project Director Jason Bregman Self-employed consultant/Landscape Architecture Ronald Brito General Contractor/President Shannon Dawson Real Estate Consultant/Realtor Mark Gregory Sign Specialist-Sales/Consultant Jerome Sanzone Building Official/General Contractor Chris Stray Landscape Architecture & Design/Interior Design Applicants for At Large Seat: David Beale Business Owner/Attorney Aird Cajuste Mental Health Case Manager Mary-Elizabeth Cohn Educator/Consultant Frank Frione Engineering Consultant/CFO Robert Marks Construction Inspector Ria Santos Financial Consultant Thomas Stanley Attorney Andrew Youngross Engineering Consultant MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 4, 2012 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MAY 15, 2012 APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police & Firefighters Retirement System Board of Trustees. BACKGROUND The term for Mr. Adam Frankel, regular member on the Police & Firefighters Retirement System Board of Trustees, will expire on June 30, 2012. Mr. Frankel will have served one (1) full term, is eligible, and would like to be considered for reappointment. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two (2) public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be considered for appointment: Adam Frankel Incumbent Charles Stravino A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve a two (2) year term ending June 30, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Police & Firefighters Retirement System Board of Trustees for a two (2) year term ending June 30, 2014. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES 03/12 (No Term Limits) TERM EXPIRES REGULAR MEMBERS APPT BY Indefinite Appt 01/01/12 Danielle Connor Fire Chief Fire Department Fire Chief Indefinite Anthony Strianese Police Chief Police Department Police Department 04/22/2013 Appt 04/21/11 Alan Kirschenbaum City Commissioners (2 yr term) 04/22/2013 Appt 12/2011 Lieutenant Scot Privitera Police Department Police Dept 06/30/2012 Unexp 05/05/09 Reappt 05/25/10 Adam Frankel, Vice Chair City Commissioners 04/22/2014 Appt 04/10 Reappt 03/12 John Palermo Police Department Police Dept 04/22/2013 Appt 04/99 Reappt 04/01 Reappt 04/03 Reappt 04/05 Reappt 04/07 Reappt 04/09 Reappt 04/11 Lt. Joe Ligouri, Chair Fire Department Fire Dept 04/22/2014 Appt 03/12 Chief Gregory Giaccone Fire Department Fire Dept Doug Smith (sitting member) Mayor Contact: Anne Woods 276-0512 (telephone/fax) 243-4707 delrayp-f@comcast.net Commission Liaison: Commissioner Frankel Asst. City Manager Douglas Smith S/City Clerk/Board 12/Police & Fire Pension Board of Trustees MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 4, 2012 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MAY 15, 2012 APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointment to the Green Implementation Advancement Board. BACKGROUND There are vacancies on the Green Implementation Advancement Board for two (2) alternate members due to the resignations of Mr. Yalmaz Siddiqui and Ms. Laura Reines. Please note that only one (1) appointment will be made as there is only (1) applicant at this time. The term is unexpired ending July 31, 2013. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Implementation Advancement Board for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Implementation Advancement Board consists of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individual has submitted an application and would like to be considered for appointment as an alternate member: Pamela Grossman Gardener/Recruiter A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and she is registered. Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one (1) alternate member to serve an unexpired term ending July 31, 2013. REVIEW BY OTHERS Recommend appointment of one (1) alternate member to serve on the Green Implementation Advancement Board for a unexpired term ending July 31, 2013. 05/12 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Ana DeMelo, Vice Chair Project Manager/Civil Engineering 07/31/2013 Appt 08/04/09 Reappt 06/21/11 David Hawke Architect 07/31/2012 Unexp Appt 12/06/11 Jeff Conley Architecture/Engineerin g-Principal 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Jayne King, Chair Master Gardener/Educator 07/31/2013 Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt 06/21/11 Stephanie “Chloe” Bedenbaugh Human Resources 07/31/2012 Unexp Appt 06/21/11 Michael Marcus Recycling-Managing Partner 07/31/2013 Unexp Appt 04/21/11 Reappt 07/05/11 Jeff Benavides Sustainability Project Manager ALTERNATE MEMBERS 07/31/2013 Unexp Appt Vacant 07/31/2013 Unexp Appt Vacant S/City Clerk/Board 12/Green Implementation Advancement Board CITY REPRESENTATIVE: Richard Reade 243-7009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 3, 2012 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MAY 15, 2012 ORDINANCE NO. 11-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city-initiated amendment to the Land Development Regulations (LDR) Article 7.9, “Docks, Dolphins, Finger Piers, and Boat Lifts”, by amending Section 7.9.5, “Standards for Approval”, to clarify current language regarding docks. BACKGROUND At the first reading on May 1, 2012, the Commission passed Ordinance No. 11-12. RECOMMENDATION Recommend approval of Ordinance No. 11-12 on second and final reading. ORDINANCE NO. 11-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 7.9 “DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS” BY AMENDING SECTION 7.9.5, “STANDARDS FOR APPROVAL”, TO UPDATE SAME; 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 February 27, 2012, and voted 6 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission 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, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 7.9.5, “Standards for Approval”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.9.5 Standards for Approval: A dock may be permitted subject to the following conditions: (A) A dock, exclusive of dock pilings, shall not project more than five feet into a waterway from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway. In no case shall the dock extend more than eight feet beyond the property line. A dock projection into a waterway, exclusive of dock pilings, shall be designed by one of the following methods: i. If no existing seawall: Five (5) feet as measured from the water’s edge at mean low tide. 2 ORD. NO. 11-12 ii. If existing or proposed seawall without batter piles: Five (5) feet as measured from the face of the seawall. iii. If existing or proposed seawall with or without a seawall cap with batter piles: Seven (7) feet as measured from the face of the seawall. (B) When plot frontage exists along a body of water, only one dock is permitted. The dock shall not extend any closer than ten feet to the property line of adjacent property or the distance established for the side yard setback whichever is greater. (C) At least one ladder extending from the dock surface to two feet below the mean low waterline shall be provided for each dock. 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 ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: April 25, 2012 SUBJECT: AGENDA ITEM 12.A -REGULAR COMMISSION MEETING OF MAY 1, 2012 ORDINANCE NO. 11-12 ITEM BEFORE COMMISSION Consideration of a City-initiated amendment to the Land Development Regulations (LDRs) that clarifies the standards for the approval of docks. BACKGROUND Section 7.9.5 pertaining to the standards for approval of docks states “a dock, exclusive of dock pilings, shall not project more than five feet into a waterway from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway”. Under the current requirement docks cannot extend more than eight (8) feet beyond the property line. The strict/verbatim interpretation of the current language would prohibit the construction of docks in those cases where the property line lies in excess of eight feet landward of the waterway; or when the property line lies within the water channel. The proposed amendment eliminates the use of the “property line” as a basis for measurement and replaces the term “nearest the waterway” with the term “water’s edge”. The current requirement for a dock projection of five (5) feet will be maintained in those cases where there are no seawalls or seawalls that do not have batter piles. An additional projection of two (2) feet is proposed to accommodate a dock construction with batter piles. REVIEW BY OTHERS The proposed ordinance was considered by the Planning and Zoning Board on February 27, 2012. After significant discussion, the Board tabled the ordinance on a 4 to 0 vote. The Board raised concerns with excluding the seawall cap as a basis for measurement and recommended that additional input be sought from the Community Improvement (Building) and Engineering Departments. The ordinance was revised to maintain the seawall cap as a basis for measurement as well as to extend the projection by two (2) feet for dock construction with batter piles. Coversheet Page 1 of 2 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5561&MeetingID=375 5/3/2012 The ordinance was before the Planning and Zoning Board on March 19, 2012 at which time the Board recommended approval on a 6 to1 vote (Gerry Franciosa dissenting). Subsequent, to the Planning and Zoning Board meeting, the City Engineer, recommended that the ordinance language be further modified to read “mean low tide”, instead of “low tide”. This change is reflected in the ordinance before the City Commission. RECOMMENDATION By motion, approve Ordinance No. 11-12 on First Reading for a City-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Coversheet Page 2 of 2 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5561&MeetingID=375 5/3/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 7, 2012 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MAY 15, 2012 ORDINANCE NO. 15-12 ITEM BEFORE COMMISSION The item before the City Commission is approval of Ordinance No. 15-12. BACKGROUND This Ordinance provides that appointments to fill board vacancies, where the vacancy is for an unexpired term of six months or less, shall also result in the appointment of the person to the next regular full term. This Ordinance, if adopted shall apply to all board appointments made at the May 15, 2012 Commission meeting and thereafter. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 15-12. ORDINANCE NO. 15-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, “DEPARTMENTS, BOARDS AND COMMISSIONS”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 32.09, “EXPIRATION OF TERMS; COMMENCEMENT OF TERMS” AND SECTION 32.10, “VACANCIES”, TO CLARIFY THAT CERTAIN APPOINTMENTS MADE TO FILL A VACANCY, WHERE THERE IS LESS THAN SIX MONTHS OF THE CURRENT TERM LEFT, WILL ALSO APPLY TO THE FOLLOWING REGULAR TERM, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify its Code of Ordinances to provide that when appointments are made to fill board vacancies, where the remaining time left on the current term is under 6 months, then the appointment will cover not only the remaining time left on the current term but it shall also apply to the following regular term as well. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32, “Departments, Boards and Commissions”, of the Code of Ordinances of the City of Delray Beach is amended by amending Section 32.09, “Expiration of Terms; Commencement of Terms”, to read as follows: Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS. (A) Expiration of Terms. All advisory board, Committee (regular and ad hoc), and task force appointments shall expire as follows: (1) Board of Adjustment, Site Plan Review and Appearance Board, Planning and Zoning, and Historic Preservation Board memberships shall expire at 12:00 midnight on August 31. Except as set forth in Section 32.10. (2) All other Board, Committee (regular or ad hoc) and task force memberships shall expire at 12:00 midnight on July 31, except for the Civil Service Board, Code Enforcement Board, Community Redevelopment Agency, Downtown Development Authority, Delray Beach Housing Authority, Police and Fire Pension Board, and the Public Employees Relations Commission which are governed by Florida Statutes or Special Act. Except as set forth in Section 32.10. (B) Commencement of Terms. 2 ORD. NO. 15-12 (1) All appointments to membership on Boards referred to in Section 32.09(a)(1) above shall commence at 12:01 a.m. on September 1. Those referred to in Section 32.09(a)(2) shall commence at 12:01 a.m. on August 1. Section 2. That Chapter 32, “Departments, Boards and Commissions”, of the Code of Ordinances of the City of Delray Beach is amended by amending Section 32.10, “Vacancies”, to read as follows: Sec. 32.10. VACANCIES. Where a vacancy is caused by the resignation or removal of a member prior to the expiration of his or her term, a member shall be appointed to complete the unexpired term only, unless the unexpired term is for a period of time less than six months. In that event the appointed member shall then be allowed to serve the following full regular term without reappointment. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading and shall also apply to all appointments made at the Commission meeting where this was heard during first reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ______________________________________ ATTEST: M A Y O R _______________________________ City Clerk First Reading____________________ Second Reading__________________ MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: May 8, 2012 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MAY 15, 2012 ORDINANCE NO. 17-12 ITEM BEFORE COMMISSION Approval of a privately-initiated amendment to the Land Development Regulations (LDRs) that will modify the development standards and other regulations in the Neighborhood Commercial (NC) District for properties located within the Wallace Drive Overlay District. BACKGROUND The proposed amendment is to support development of a neighborhood commercial center at the southeast corner of SW 10th Street and SW 10th Avenue. On April 17, 2012, the City Commission approved a small-scale Comprehensive Plan amendment, rezoning to Neighborhood Commercial and modification of the Wallace Drive Redevelopment Plan to support the project known as 10th & 10th Center. Under the proposed text amendment, the following changes are being made within the Neighborhood Commercial Zoning District: l The development standards (lot size, setbacks, etc.) depicted in the Section 4.3.4(K) Development Standards Matrix will be the same as those in the MIC (Mixed Industrial and Commercial) district. The MIC development standards were already being applied on the subject property under the previous LI (Light Industrial) zoning in the Wallace Drive Overlay District. l The requirement for structures to have a minimum of 4,000 square feet is being eliminated within the Wallace Drive Overlay District. This requirement was also eliminated within the previous LI zoning district in the Wallace Drive Overlay District. l The maximum Floor Area Ratio (FAR) on the property is limited to 0.25 within the Wallace Drive Overlay District. This restriction implements the corresponding small-scale comprehensive plan amendment processed for the subject property. l The 2,000 square feet maximum floor area devoted to office or similar uses is being eliminated within the Wallace Drive Overlay District. Since office uses are still appropriate in the area and would have been permitted under the previous Light Industrial zoning, this restriction is unnecessary. l The 10,000 maximum floor area for a single retail or group of similar uses is being eliminated within the Wallace Drive Overlay District. The property’s location within the Wallace Drive Industrial Area supports the development of a structure larger than 10,000 square feet. It is noted, however, that development of the subject property is still limited by the 0.25 maximum FAR which will permit a maximum of 16,220 square feet. Final action on this text amendment by the City Commission may not occur until after the small-scale comprehensive plan amendment becomes effective, 31 days after its adoption (May 18, 2012), unless the amendment is challenged. If the Comprehensive Plan Amendment is challenged within 30 days after adoption, final reading on this text amendment will be delayed until the State Land Planning Agency or the Administration Commission, respectively, issues a final order determining that the adopted amendment is in compliance. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its April 16, 2012 meeting. No one from the public spoke on the amendment and the Board made a recommendation of approval on a 4-0 vote. RECOMMENDATION By motion, approve Ordinance No. 17-12 on first reading for a privately-initiated amendment to the Land Development Regulations (LDRs) that will modify the development standards and other regulations in the Neighborhood Commercial (NC) District for properties located within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 17-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.11, “NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”, SUBSECTION (F), “DEVELOPMENT STANDARDS”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION (H), “SPECIAL REGULATIONS’, TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT; 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 April 16, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission 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 goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection (F), “Development Standards”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following shall apply: (1) Maximum site area of two (2) acres 2 ORD. NO. 17-12 (2) Special Landscape Area: Within the first ten feet (10') of the front yard setback area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks shall be accommodated only when generally perpendicular to the property line. (3) Any Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), any free-standing structure which accommodates a principal or conditional use shall have a minimum floor area of 4,000 square feet. (4) Wallace Drive Overlay District Development Standards: Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the Development Standards depicted in the Section 4.3.4(K) Development Standards Matrix, shall be the same as those of the MIC (Mixed Industrial and Commercial) zoning district. Section 3. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection (G), “Supplemental District Regulations”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: The In addition to the supplemental district regulations as set forth in Article 4.6, the following shall apply. (1) Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the maximum Floor Area Ratio (FAR) is 0.25. Section 4. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection (H), “Special Regulations”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Regulations: (1) The Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the maximum area devoted to a single tenant for office or service uses shall not exceed 2,000 sq. ft. in floor area. Notwithstanding the above, banks or similar financial institutions excluding drive-through bank facilities, may not exceed 6,000 sq. ft. The intent of these restrictions is to maintain the center at the neighborhood scale. (2) The Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the maximum floor area which can be allocated to a single retail use, or groups of similar (retail, office, services) principal uses, shall not exceed 10,000 square feet. (3) Outdoor storage of any kind is prohibited, except as permitted herein. (4) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV). 3 ORD. NO. 17-12 Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 ___________________, 2012. ____________________________________ ATTEST M A Y O R __________________ _____________ City Clerk First Reading__________________ Second Reading________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 16, 2012 AGENDA NO: V.A AGENDA ITEM: CONSIDERATION OF A PRIVATELY-INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.11, “NC (NEIGHBORHOOD COMMERCIAL) DISTRICT”, SUBSECTION 4.4.11(F), “DEVELOPMENT STANDARDS”, SUBSECTION 4.4.11(G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION 4.4.11(H), “SPECIAL REGULATIONS”, TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately-initiated amendment to Land Development Regulations (LDRs) that will modify the development standards and other regulations in the Neighborhood Commercial (NC) District for properties located within the Wallace Drive Overlay District. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The Wallace Drive Redevelopment Plan, approved in 2004, called for the area between Wallace Drive and SW 9th Avenue to be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial). There are 36 parcels in this area with an average size of 10,307 square feet. Given its location, the (LI) Light Industrial zoning district was chosen as the most appropriate designation for the area in terms of permitted uses. This district allows uses compatible with those on the adjacent MIC (Mixed Industrial & Commercial) zoned properties to the west and serves as a transition zone between the more intense MIC zone and adjacent residential development to the east. Although the Redevelopment Plan encourages the aggregation of parcels, accommodations were necessary to allow development on smaller parcels where aggregation would not be possible. Of the 36 parcels rezoned to LI (Light Industrial), only 3 parcels meet the minimum lot size requirement of 20,000 square feet and only 6 meet the 100’ frontage requirement. To address this issue, the Redevelopment Plan called for the creation of the Wallace Drive Overlay District with modified development standards to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. These modifications were adopted by the City Commission on February 3, 2004. The proposed amendment is to support development of a neighborhood commercial center at the southeast corner of SW 10th Street and SW 10th Avenue. The applicant is currently processing a small-scale Comprehensive Plan amendment, rezoning to Neighborhood Commercial and modification of the Wallace Drive Redevelopment Plan to support the project, known as 10th & 10th Center. The Planning and Zoning Board unanimously recommended approval of those actions at its meeting of March 19, 2012. Planning and Zoning Board Meeting, April 16, 2012 LDR Text Amendment -Neighborhood Commercial District in Wallace Drive Overlay District 2 Under the proposed text amendment, the following changes are being made within the Neighborhood Commercial Zoning District: The development standards (lot size, setbacks, etc.) depicted in the Section 4.3.4(K) Development Standards Matrix will be the same as those in the MIC (Mixed Industrial and Commercial) district. The MIC development standards are already being applied on the subject property within the LI (Light Industrial) zoning district in the Wallace Drive Overlay District. The requirement for structures to have a minimum of 4,000 square feet is being eliminated within the Wallace Drive Overlay District. This requirement was also eliminated within the existing LI zoning district in the Wallace Drive Overlay District. The maximum Floor Area Ratio (FAR) on the property is limited to 0.25 within the Wallace Drive Overlay District. This restriction implements the corresponding small-scale comprehensive plan amendment processed for the subject property. The 2,000 square feet maximum floor area devoted to office or similar uses is being eliminated within the Wallace Drive Overlay District. Since office uses are still appropriate in the area and would have been permitted under the existing Light Industrial zoning, this restriction is unnecessary. The 10,000 maximum floor area for a single retail or group of similar uses is being eliminated within the Wallace Drive Overlay District. The property’s location within the Wallace Drive Industrial Area supports the development of a structure larger than 10,000 square feet. It is noted, however, that development of the subject property is still limited by the 0.25 maximum FAR which will permit a maximum of 16,220 square feet. To accommodate the applicant’s desire to expedite the process, the proposed text amendment is coming before the Planning and Zoning Board prior to final action by the City Commission on the proposed small-scale comprehensive plan amendment and rezoning, which is scheduled for April 17, 2012. Final action on this text amendment by the City Commission will not occur until after the 31 day mandatory appeal period for the comprehensive plan amendment. If the rezoning of the subject property from LI (Light Industrial) to NC (Neighborhood Commercial) is ultimately denied by the City Commission, this text amendment will be withdrawn. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there were no specific sections of the Comprehensive Plan to support the proposed amendment, it is not inconsistent with the Comprehensive Plan. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Planning and Zoning Board Meeting, April 16, 2012 LDR Text Amendment -Neighborhood Commercial District in Wallace Drive Overlay District 3 Delray Citizens’ Coalition) Delray Beach Heights Southridge Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will modify the regulations in the NC zoning district for properties within the Wallace Drive Overlay District. Although staff does not support the proposed Neighborhood Commercial Zoning on the subject property, based on a loss of light Industrial zoning in the City, that is a separate issue. Given the Planning and Zoning Board’s recommendation of approval for the rezoning, it is appropriate for the Board to recommend approval of this text amendment to support the rezoning. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, and is not inconsistent with them. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of an amendment to Land Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of an amendment to Land Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of an amendment to Land Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment:  Proposed Text Amendments 18 04/17/12 CMR (Commerce) and represents 3.7% of total developable area. Mr. Hogga rd stated the applicant’s justification statement included data that the City of Boca Raton reduced its light industrial by 25% between 1989 and 2005. He stated their 2005 figur e is 6.45% and is 75% higher than the City’s figure of 3.7%. Since the Redev elopment Plan was done in 2004, we reduced a significant amount of industrial property along t he Congress Avenue Corridor including the MROC District. Mr. Hoggard stated staff’s position is supported by the Palm Beach County’s Light Industrial Land Use Study “W hitepaper” and “Land Use Toolkit”, prepared by Swiger Consulting in December 2007 whic h recommends the retention of Industrial properties. Mr. Hoggard stated they recomm ended that the municipalities in the County develop Comp Plan policies to re tain industrial land uses to the greatest extent possible. The applicant also provided that t he population projections in the City’s EAR based amendments which was our latest popula tion updates it showed a population estimate for 2010 of 65,781 and in fact the 2010 population cam e in with a census of 60,522. He stated their statement is that with the reduct ion in population we need less industrial property. Mr. Hoggard stated the 2010 census had a housing vacancy rate of 20.4% compared to 15.5% in 2000 because of all the foreclosures, people moving in with other family members, etc. He stated when you apply t he household figures of 2.2 persons per unit that would add an additional 3,672 people to the households a nd we would only be within a 1,000 of that estimate in 2008. Mr. Hoggard stated onc e this vacancy rate comes back to normal and when we are finished with this major dow nturn in the housing crisis staff believes that will accommodate that. He stated there has been an increase in residential development since adoption of the Wallac e Drive Plan specifically the 445 units that have been approved in the Village of Delray and Vi llage Square to the north. Mr. Hoggard stated when the redevelopment plan was done he noted t hat there were 200 units at Carver Estates which were damaged by Hurrica ne Wilma in 2005 and have since been demolished. Mr. Hoggard stated the Comprehensive Pla n text amendment restricts the FAR to .25 and that is being done to keep t he traffic concurrency to make sure we limit the traffic to what we have now. He st ated there are a number of standards that are required for rezoning and the one that applies is Section 3.2.2(D) (Standards for Rezoning Actions): “That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use bot h existing and proposed; or that if an incompatibility may occur, that suffici ent regulations exist to properly mitigate adverse impacts from the new use.” Mr. Ho ggard referenced Section 2.4.5(D)(5) ( (Rezoning Findings) and stated two of these apply: Se ction 2.4.5(D)(5)(b) “That there has been a change in circumstances which make the c urrent zoning inappropriate.” He stated this is based on the applicant’s j ustification statement and they said there has been a change in circumstances basically the economic downturn and the additional residential development that has been built. Mr. Hoggar d stated the second one that applies is Section 2.4.5(D)(5)(c) “That the requested zoning i s of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to this si te and/or neighborhood. Mr. Hoggard stated they are saying it is more appropriate bec ause there is a need for additional neighborhood commercial to support the residential develop ment in the area. Staff feels it is more important to maintain the Commerce d esignation. He stated courtesy notices were sent out and IPARC notice and public notice s were sent to everyone with a 500’ radius. Mr. Hoggard stated staff has not receive d any written 19 04/17/12 comments to this project. Based on staff’s analysis staff f eels the changed conditions are not sufficient to warrant approval of the proposed FLUM modificat ion which will reduce the amount of land in the Commerce FLUM designation. Mr. Hoggard st ated it is in direct conflict with Future Land Use Element A-1.3 which states t hat the reduction should be discouraged. He stated the Planning and Zoning Board reviewed this on March 19, 2012 and recommended approval of these changes as well as the Future Land Use Map amendment. Staff recommends denial of this ordinance. Bonnie Miskel, Land Use and Zoning Attorney, 5355 Town Center Road, Boca Raton, FL (representing the petitioner), stated she has been practicing for 20 years and specializes in land use and zoning and has been qualif ied in quasi-judicial proceedings as an expert. Ms. Miskel stated the issue is wh ether this application fulfills the future land use needs of the city. She stated in 2004 when staff w as looking to replace some of the industrial lands that they lost on Congress Avenue that they chose this land because it was relatively vacant and it was not doing much compared to a lot of other places in the city that were thriving so it was a rea sonably good target and if you tried to use the criteria that you need to prove today that you ha ve justification for a land use change you would not of found it back then. Ms. Miskel stated if you look at the surrounding there is a substantial retention area to the south and t hen you have multi- family residential. She stated everything east of S.W. 10 th is residential or residential serving uses. There is a church immediately east, a cemetery immediately north, residential all around as far as the eastern portion. Ms. Miskel stated this parcel is an isolated parcel that is undeveloped and what is developed east of S.W. 10 th is residential. Ms. Miskel stated their position is they do not feel that industrial is right. Cecelia Ward, JC Consulting, Boca Raton, FL (representing the applicant Jim Zengage), stated she has more than 30 years of experience in Planning, Zoning and Land Development and has been certified as a member of the American Institute of Professional Planners for more than 20 years. Ms. War d stated she has served both private and public sector; 15 of those years has been repr esenting municipalities. She stated for ten years she was Planning, Zoning and Building Dir ector with the City of Fort Lauderdale and primarily responsible for updating the Cit y’s entire Land Development Code which was 40 years out-of-date when she came on boa rd with that city and also to update its Comprehensive Plan. Ms. Ward state d one of the key factors she saw in doing that was to make sure that they responded to the changes of conditions that have occurred over a period of time both the existing developm ent that occurred as well as changes in market conditions that have occurred over tim e as appropriate when it comes to long-range planning. She stated she also served as the A ssistant Director of Strategic Planning for the City of New York. Ms. Ward state d she served as Planner Commissioner for the Town of North Hempstead located in Long Island and worked on several vision plans, master plans, community area plans, and led t he charge for making sure that these long-range plans were up-to-date and were in keeping with what was occurring over time. Ms. Ward stated she established her priva te consulting firm in 2006 and since then she has represented numerous private developers, private property owners, and local southeast Florida municipalities on land use, zoning, and land de velopment issues. She stated when looking at all the factors including the m arket trends that it is 20 04/17/12 appropriate to determine when the appropriate time and where t he appropriate place is for making a change to a long-range plan. Ms. Ward stated this is specifically an appropriate location for the proposed change to allow for the transitional com mercial in this area and the neighborhood commercial use as was discussed. She stated it i s surrounded by a significant amount of residential development. Ms. Ward stated in 2004 with land use and zoning for residential was in place and an additional 200 residenti al units had been developed since 2004. She stated this is an important factor and in 2004 when the land use was changed to allow the Light Industrial at this location. Ms . Ward commented about the convenience store that is located west of the subject p roperty and stated with regard to this Future Land Use amendment and rezoning request is not to accommodate another convenience store; it is to accommodate a grocery store that provides for variety of retail both from food items, household items, all types of other items that you do not find in a convenience store. Ms. Ward stated “spot zoning” in the pla nning industry is a spot of a zoning type that is placed within the middle of an area that has no relati onship to its surroundings and is totally out of context with its surroundings. S he stated this site is very difficult to access for an industrial type of vehicle and tha t is why it has struggled for 8½ years in trying to attract a type of light industrial type of development in this area. Ms. Ward stated she went out to see at this hour if she saw peo ple walking within the vicinity and she counted 5-6 people walking from the neighborhood along S.W. 10 th Street and counted 4 vehicles pulling into the convenience store to t he west. She stated as Ms. Miskel noted they are talking about providing a site for r edevelopment for a retail type of use that is accessible for the pedestrian and more l ogically accessible for a vehicular type of access yet incurs more of that pedestrian ac tivity in the neighborhood. She stated with regard to the Wallace Redevelopment Plan it says “specifically to enhance employment for manufacturing, assembling, storage, and dist ribution.” Ms. Ward stated that has not come to fruition on this site and looking at t he statistics for the City of Delray Beach’s leading industrial industries do not inc lude manufacturing, assembly, storage and distribution; it is actually the retail and other types of use that the city has here. Ms. Ward commented about the Palm Beach County’s Light Industrial Land Use Study “Whitepaper” and “Land Use Toolkit”, prepared by Swiger Consulting in December 2007 and stated all of the sources of information was b ased on Northeast, Midwest and primarily west cities of the United States. She stated the only city in Florida that the study referred to was Orlando and it was for the purpose for fast-track permitting not about industrial trends. With regard to the populat ion issue, Ms. Ward stated the Plan talked about a 10% increase in population by 2015. She stated planning documents need to be based on population demands and if that population num ber is significantly different from what has actually occurred by a census num ber which showed only a 1% increase that is really a significant issue. Ms. W ard stated based on her Planning and Zoning expertise the request of the land use change f rom Commerce to transitional is appropriate and is at the appropriate time and location and the change for rezoning from LI (Light Industrial) to NC (Neighborhood Commercia l) is the most appropriate type of zoning designation for this subject property. Jim Zengage, 1120 South Federal Highway, stated they have had this property for 6-8 years four extensions and no activity on it. Mr. Zengage stated on Wallace Drive they built the Wallace Drive Commerce Center (40,000 feet of 21 04/17/12 warehouses). He stated three were sold at discounts and three ar e rentals. Mr. Zengage stated he would love to get something going in this area that will spur additional g rowth. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 14-12, to please come forward at this time. Zerlean Williams, 513 S.W. 6 th Street, Delray Beach, FL 33444 (representing Rosemont Park/Rosemont Garden Homeowners’ Ass ociation east of the location that they would like to build the store), stated she appreciates that Mr. Zengage would like to bring something new to the neighborhood but aske d him to save their backdoor. Ms. Williams stated they have narrowed the traf fic that is on Atlantic Avenue and they are the heart of that area and within that area they have lots of people. She stated they are also building apartments there and they ar e the religious belt of Delray Beach because they have lots of churches, the Milagro Ce nter, Pine Grove Elementary, and the sober houses. Ms. Williams stated they would like a break. She stated 4 th Avenue is a thoroughfare to Linton Boulevard and everyone uses 4 th Avenue as a straight-thru by-way to go to Linton Boulevard. Ms. Williams stated if you take S.W. 8 th Avenue to S.W. 10 th Street she lives in the middle of that. She stated Monday-Frida y is school every day, Sundays there is church on every street and some times up to three. Ms. Williams stated their Sundays are locked in and there are f unerals every day at the cemetery and Saturdays they are locked into their neighborhood. Ms. W illiams stated when you try going out to Atlantic Avenue they get the busy traffic of Atlantic Avenue and referred to the Delray Affair as a good example where t hey had to go to their backdoor. Ms. Williams stated if they put a store at the corner of S.W. 10 th Street there is going to be more traffic, a box store, and a larger store. She stated there are many neighborhood stores such as Linton Boulevard, Delray Mall, and Congress A venue. Ms. Williams stated the residents do not need another store and urged the City to let them to remain that way. Owner of the Convenience Store (name unknown), lived in De lray Beach since 1988, thanked Mr. Zengage for purchasing this property so that he can use it for a good purpose for the community and the city. He stated he moved from California and had three stores in Delray in 1993. He stated they have ti ssues for .50 and items for $1.00 and they carry everything from stamps to school supplies, beer , wine, t-shirts, etc. He stated he also carries quality merchandise for groceries. He stated he recently lost approximately 200 customers and thanked the city for improving the city quality of life and quality of improvement happened. He stated he hopes Mr. Zengage t o use this property for a better purpose such as an apartment building or donut shop or something else but not a dollar store. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated Mr. Zengage just wants to put a store there to make shopping convenient for the neighborhood. 22 04/17/12 Betty Goodman, 930 S.W. 11 th Terrace, Delray Beach, FL 33444 (has lived in Delray Beach for 40 years), stated she has been in the store on the corner that the owner talked about but she prefers to go to the regular grocer y store because everything is very expensive in that store. Ms. Goodman stated we do not need another dollar store because two people are employed in that store on Congress Avenue. She stated this will add to the congestion because there will be ap artments built on 12 th and the new development they built by Carver and the cemetery. M s. Goodman stated the neighborhood has lots of traffic and suggested that something else be built there besides a dollar store. Mark Gregory, former member of the Site Plan Review and Appearance Board (SPRAB), stated he has been in this neighborhood for 25 years and has owned shops and businesses in that community. Mr. Gregory stat ed this would be a nice transition instead of a warehouse on that corner and he would use this business. Natalie, Property Manager of the Groves of Delray, stated they are a 62 year old plus senior community and a lot of the seniors do not have vehic les and they have transportation once a week to the grocery store but if they need to get out during the week to pick something up that they either forgot or needed, this would be helpful for them to be able to come out of the property and walk a littl e ways up to get what they need. She stated they are in support of having the Dollar General Store up the street from them. Francisco Perez-Azua, local resident and has practiced archit ecture in Delray Beach for 20 years and has had his own firm for the past 16 years, stated he is in support of light industrial properties in the city. Howeve r, Mr. Perez-Azua stated in the boom when they were designing light industrial buildings they ha d the opportunity to do a lot of the tenant or owner permits to these buildings. He sta ted they filled them up with professional office space, call centers, a charter school in one of them, etc. Mr. Perez-Azua stated there is a need for light industrial for the city but we have to keep things into perspective. Mr. Perez-Azua stated he supports this proj ect and does not think it is a big loss in the terms of the light industrial. Kathy Khidirian Broker/Owner of H&B Commercial, stated she is in favor of the change and commented about the light industrial available space. She stated there is quite a bit of empty space in Delray Beach. For e xample, she stated 250 Congress is vacant (9,000 square feet), 1515 Congress (6,500 square feet), a nd 1,100 S.W. 10 th Street (11,000 square feet). She expressed concern over the forec losures that are coming on because typically the owner/users mortgaged with b alloon payments so in ten years which the light industrial condo boom was in 2003/2004 so 2013 those ba lloon payments are coming due. The property values are depreciat ed, the loan amount exceeds the value, they cannot refinance and they are walking away. She sta ted this will bring even more vacant industrial space. 23 04/17/12 Christina Morrison, 2809 Florida Boulevard #207 Delray Beach, FL 33483 (commercial realtor in Delray Beach, immediate past Presid ent of the Realtors Commercial Alliance, on the Board of the Florida Realt ors and the Board of Realtors of Palm Beach County), and gives expert testimony at th e County level, stated she has a report that shows that presently in Delray Beach there is over 100,000 square feet vacant light industrial which was the zoning on Mr. Zeng age’s property for the current intended use. Ms. Morrison stated this property ha s sat vacant for six years without a user coming. She stated light industrial use of it is s uspect to begin with because tractor trailers that have to get back here to go bac k on I-95 and they have to come south to get to I-95 because to go north tractor trailers ar e not allowed to go through the private neighborhood that gets you to Atlantic Avenue. Ms. Morrison stated trucks would have to go south to get onto Linton Boulevard to go back to I-95. She stated in order to get back to go south the tractor trailers would have to cross active traffic that is heading east if they want to get back on 10 th and circle back here or they have to cross active traffic on Wallace Drive and 10 th to get back to 10 th so either way the trucks would be having to cross over opposing traffic which would be a dangero us situation for deliveries and other types of traffic that come into industrial /light industrial properties. Ms. Morrison stated with regard to the vacancy rate throughout southeas t Florida on light industrial properties it is running about 14% although new companies are opening up there are also companies that are contracting or closing down sti ll so there is still steady absorption at this point. Ms. Morrison stated in addition to the 100,000 square foot which is vacant and there are also several other 52,000 square feet in the i mmediate surrounding area in Delray Beach that is shovel ready. Ms. Morrison stated her owners ha rdly support Mr. Zengage’s change to make this into a commercial center. Pablo Del Real, 521 Southridge Road, Delray Beach, FL 33444 (off S.W. 4 th Avenue on the west side), stated as the other residents of that neighborhood said this evening they do not support this change for this propert y for the following reasons: (1) a local business owner is there with an operating business and the proposed business owner is an out-of-town/out-of-state entity whether it is a Dollar Store or somebody else which is a distribution point for a distant business so the local economy aspect would favor the light industrial zoning, (2) convenience; Ms . Miskel commented about walking to a store with her young child and Mr. Del Real as ked about the ability to walk to a job in Delray Beach and provide that with light industr ial and add several jobs not just the two jobs at the Dollar Store on Congress and the abi lity for a working mother or father to go home for lunch and spend time with their children, and (3) access; on S.W. 4 th Avenue there is a lot of light industry and there is not an issue w ith those businesses there; there is a marine center, a screen enclosure company, a nd a roofing company. Mr. Del Real urged the Commission to retain the light industrial zoning on this and reject this request. He stated the neighborhood could use more industry and less convenience. There being no one else from the public who wished to address the Commission regarding Ordinance No. 14-12, the public hearing was closed. The following individuals gave brief rebuttals: 24 04/17/12 Mr. Hoggard stated that there were comments that there is no industrial market at the moment and asked how there is a market for anythin g with the economic downturn. He stated this is surrounded by quite a bit of commercial development. Mr. Hoggard commented about Ms. Morrison’s statement about the vacancy rat e on light industrial properties being 14% and asked what the vacancy rate is for commercial property. He stated the population growth that we did not get does not support the additional industrial development. Mr. Hoggard stated if all of the land use needs are based on population then it does not support any commercial developme nt either and does not believe that this is relevant. He stated the amount of t his area was already planned for residential development when the Plan was done and Carver Estates went out and a new development came in. Mr. Hoggard stated we are back to where we were plus an additional 200 units and there is not a whole lot of difference in the area. Staff recommends not making the change. Ms. Miskel stated the meaning of Neighborhood Commercial (NC) is that it serves the neighborhood; it differs from General Commercial (GC) such as the Target and other locations in the city where you have large shopping cente rs that serve the general population. She stated the purpose of the Neighborhood Com mercial has become so important to South Florida is that it removes traffic off t he road. Ms. Miskel stated it is not a dollar store; this is Dollar General which is very di fferent than a regular dollar store because it is larger and they sell both grocery and non-gr ocery items. The Dollar General has between 8-14 employees so it is an equal employment generator . Ms. Miskel stated should the Dollar General be approved in addition to that there would be another 2,500-3,000 square foot of other retail that you could have a sub-store (i.e. hoa gie/donut, etc.) something to serve the neighboring community so that they c ould walk there. She stated traffic is a reality in South Florida and feels the ci ty is not going to improve their traffic situation by waiting for industrial to come in and bring those trucks through that neighborhood. Ms. Miskel stated this is less compatible than a c ar or two that one might see at this particular Neighborhood Commercial (NC). Ms. Mi skel stated the Comprehensive Plan is intended to serve the population now and in the future. She stat ed the City’s population was not what was anticipated and noted it w as a good guess years ago. Ms. Miskel stated this is the only node that is not reside ntial serving in this area and Light Industrial (LI) is not appropriate. Mr. Jacquet asked what the definition of spot zoning is. Mr. Hogga rd stated spot zoning would be zoning that is applied in an area tha t is completely surrounded by other zoning; it really does not fit in with the area at all and is independent by itself. Mr. Hoggard stated staff does not agree that this i s spot zoning because the nature of Neighborhood Commercial (NC) is to be a self-contai ned little neighborhood commercial zoning that is next to residential neighborhoods to suppl y there. Mr. Jacquet stated he feels we could do something better with that corner other than Light Industrial (LI) zoning. However, Mr. Jacquet stated a Dollar General may not be the right thing for that corner and he is torn as to whether that is the right change for that particular neighborhood. Mr. Jacquet stated traffic is a problem everywher e and noted that he supports local businesses. However, Mr. Jacquet stated we need something in that corner and reiterated that he is torn on this issue. 25 04/17/12 Mrs. Gray stated she has spoken to the residents to the south of t his proposed property and they are in favor about having to walk to a store where they can actually receive groceries or any other type of items that t hey need. Mrs. Gray stated in this community there are about 5-6 convenient stores and welcomes t his Dollar General because of the prices that these convenient stores have. She st ated having some competition is healthy although there are some traffic issues to deal with. Mrs. Gray stated since she raised her children in this community that pie ce of property for years has been just the way it is right now. She feels this will beaut ify the area and sidewalks will be added because currently there are none. Mrs. Gray stated she has also spoken to neighbors north of that piece of property at the Villages who welcome walking to a location. She stated in the next year or so we will be havin g approximately 200 additional properties coming on board with the Housing Authority so w e will be gaining those pieces of property back. Mrs. Gray stated she is favor of the transitional use and does not see any light industrial ever coming in that particula r piece of property and we do some type of redevelopment there. Mr. Carney concurred with comments expressed by Commissioner Gr ay. He stated he has a fundamental belief that if a property ha s no activity with the current zoning it is probably not zoned correctly. Mr. Carney stated he is very sympathetic to the increased traffic issue. He stated when this was first ra ised a couple weeks back he went around 3:30 p.m. and the school was letting out up the street and ther e is a lot of foot traffic and a lot of kids walking around that are young and that needs to be a con cern with any increase in density of traffic. Mr. Carney stated he doe s not see this corner being a Light Industrial (LI) corner. He stated he appreciates the is sue with the store across the street and feels this store is doing a great job and has a good business there. Mr. Carney stated the kind of clientele that would go to the immediate corner s tore would be different than those that would go to Dollar General. Mr. Carney stated as it relates to this neighborhood it will serve this neighborhood but that we need to pay a ttention to the increase in traffic that is going to be generated but he does not see it becoming a Light Industrial (LI) in the near future and we need to deal with this issue now. Mr. Frankel concurred with comments expressed by Commissioner Jacquet in that he is very much in the middle. Mr. Frankel stated he has heard both sides of the presentation and this situation reminds him somewhat of another area where they had an overwhelming turnout of neighbors vehemently against a projec t. Mr. Frankel stated while we do not have the same outpouring to him there is enoug h that gives him concern about the proposed use and for that reason he is going to side with staff’s recommendation and vote “no”. Mayor McDuffie stated he lives to west of I-95 on the south si de of Linton Boulevard and he drives to Jog Road to find a supermarket. He state d Mr. Zengage approached him a year ago about this and given the neighborhood he fe lt the neighbors would embrace this because essentially there is not service of that type anywhere near them. Mayor McDuffie stated he was deer hunting in a town in Ohio a nd drove across town and went into a Dollar General store. He stated it was sp otlessly cleaned, beautiful, and much cheaper than Publix. Mayor McDuffie stated he was us ed to the old dollar 26 04/17/12 stores that were essentially “shoddy” merchandise and this is not the same. Mayor McDuffie stated when he went through the store he thought to himsel f that it would be nice if we had some of these down our way because they are not the size of a gigantic Publix but yet they have a tremendous amount of stock, very clean, a nd good prices. He stated the Villages are built just above there and Carver Es tates is being rebuilt and on three sides of this is residential. Mayor McDuffie stated he works a great deal with the people at the County and the Business Development Board and we ha ve and he sits through lots of meetings with site selection people who come in f rom out-of-town looking for places to relocate business. He stated it is a hu ge deal to try to find someone who is in the industrial business to relocate to the City of Delr ay Beach. Mayor McDuffie stated it is a great amenity for that community and does not think industrial belongs on that corner as well. Mrs. Gray moved to adopt Ordinance No. 14-12 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – No; M r. Frankel – No; Mrs. Gray – Yes. Said motion passed with a 3 to 2 vote, Commissione r Jacquet and Commissioner Frankel dissenting. At this point, the time being 8:41 p.m., the Commission moved to Item 7.A., Presentations. 7.A. Representative Lori Berman – Update on Legislative Session Lori Berman gave a brief update on the Legislative Session and stated today the Governor signed the budget and she did not vote for the budget this year because there were significant cuts to education and healthcare. Ms. Berman stated there are other things that could be done to look at revenue sources and not had the kind of cuts that they have. Ms. Berman stated their secondary constitutional dut y was to redistrict which is done once every ten years. Ms. Berman stated in terms of the new house maps there are some significant changes to Delray Beach and one of thos e changes is she will no longer have any of Delray Beach in her new district. She not ed that three representatives will have Delray Beach. Ms. Berman stated in ter ms of the Senate district Delray Beach may only have one senator if the Senate districts stay the way they are there is one senator that will have mostly Boca Raton, Delray Beach, Bo ynton Beach, and a little piece that goes into Broward County. 10.A.1. AMENDMENT TO THE REDEVELOPMENT PLAN/WALLACE DRIVE: Consider approval of an amendment to the Wallace Drive Redevelo pment Plan to allow neighborhood commercial retail and service uses as a principal use at 10th & 10th Center located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue. Ron Hoggard, AICP, Principal Planner, stated this amendment supports the changes that the Commission just approved. Mr. Hoggard stated it sets forth the zoning and the land use for this area which was originally approved for the Light Industrial (LI) and this supports the change that the Commission jus t made. Staff 27 04/17/12 originally recommended not approving this; however, in light of the Commission’s decision for Ordinance No. 14-12. Mr. Hoggard recommended that the Commis sion approve this. Mrs. Gray inquired about the restrictions and not having a 24 hour store open there and the sale of alcohol. She asked if there are conditions that the Commission can use to make sure that some of those things will not happen on that piece of property. The City Attorney stated he does not think there is any way to i mpose something like that on them. The City Attorney stated the Commission passed the zoning. Ms. Miskel on behalf of the applicant stated she spoke with Comm issioner Gray and her concern was about the possibility of the convenience store being located at this site and that the City did not need another convenience store. She stated the State of Florida adopted some legislation called the Convenience Store Secur ity Act and they specify what a convenient store is. Ms. Miskel stated one of the things that are unique to a convenient store is hours of operation and the sale of alcohol. S he stated the City’s Code protects the City from this because the City has a limitation on the dis tance between a religious facility and the sale of alcohol. Mr. Zengage stated he spoke to the representative for the compa ny and he asked what the hours of operation are and they informed him that in mos t stores it is 8:00 a.m. – 9:00 p.m. in South Florida and a few stores 8:00 a.m. – 10:00 p.m. Mr. Z engage stated he has a lease and now he can report that the action is going forward. Ms. Miskel stated if that fell through tomorrow and another neighb orhood commercial use came in, in order to do the 24 hours the City has a requirement that they must come through for a conditional use approval. She stated the Comm ission has the opportunity to look at something like that on a case-by-case basis to dete rmine whether in fact it is compatible. The City’s Code protects the City from being able to evaluate whether a use is appropriate. The City Attorney stated the l atest they would be able to operate is midnight. Mayor McDuffie declared the Public Hearing open. There be ing no one from the public who wished to address the Commission regarding thi s item, the public hearing was closed. Mr. Carney moved to approve the Amendment to the Redevelopment Plan/Wallace Drive, seconded by Mrs. Gray. Upon roll call the C ommission voted as follows: Mr. Carney – Yes; Mr. Jacquet - No; Mr. Frankel – No; M rs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. 28 04/17/12 11.A. City Manager’s response to prior public comments and inquiries. Doug Smith, Acting City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about a hearing in court yesterday regarding the Caron Foundation vs. the City of Delray Beach and s tated the City will lose somewhere along the line and it is just a matter of how far it goes. Dr. Kirson asked if the City has $4 million that we could go the distance with this ty pe of case. He stated the Caron Foundation has $4 million and they put it aside for this case. H e stated the Beach Property Owners’ Association (BPOA) came and approximatel y 125 of them were furious about the fact that the Caron Foundation opened in a residential area. Dr. Kirson stated if the City raises the millage to get the money to f ight this case and if the City raises the property taxes there will be 2,000 people in here to say “we do not want our taxes raised” and noted these people will have to pay thousands m ore. He stated residents from the northwest/southwest section came in and were a gainst the fire assessment fee. Dr. Kirson asked what is going to happen when the City hits them with a $200 a year increase to pay for the fight against the Caron Found ation. He stated this cannot happen because residents do not have the money. Dr. Kirson sugge sted that the City take the offer to give a waiver on the three transient housing bills that we passed so that we can stop our losses. Dr. Kirson stated our intent was neve r to deal with transient housing but the intent was solely to reduce sober housing. He reit erated to give them the waivers and look for another avenue to fight the problem. 11.B.2. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked the Commission for a great Delray Affair and there we re approximately 300,000 people in attendance, almost no incidences and there was no negative impact to the City’s budget for that event and it was 100% funded by the ev ent. Ms. Morrison displayed a chart that showed the decrease in revenues from the year 2000, the City’s budget was $102.77 million and this year the City’s budget is $93.03 milli on. She stated that is about over a $9 million decrease and no one noticed it until this year. She stat ed in July 2011 there was a perception that there was a $3.2 million shortf all and the Commission received a memo from the City Manager dated October 17, 2011, that shows a monthly financial report for the year end that shows there is a surplus of $2.17 million for the year. Ms. Morrison stated in October 2011 that the departm ents cut $1.7 million out of their expenses. She stated in February 2012 the City Manage r reported that he found $3.5 million and that the City did not have to raise the fire tax and also we had additional revenue. 11.B.3. Henry Williams, 310 N.W. 3 rd Avenue, Delray Beach, FL 33444, thanked the Commission for thinking things over and stated we all make mistakes. Mr. Williams stated with regard to 10 th Street he asked the Commission to look into the big 29 04/17/12 trucks making turns because a lot of curbing that was put in Delr ay has been knocked out by these big trucks. He urged the Commission to ride around and look a t the curbing that has been knocked out by these big trucks that have to be put back in and sta ted he worked on roads for 27 years and there needs to be more room for these big trucks to turn ar ound. 12. FIRST READINGS: A. None There being no further business, Mayor McDuffie declared the m eeting adjourned at 9:27 p.m. 9.C. CHANGE ORDER NO. 3/BRANG CONSTRUCTION, INC.: Consider approval of Change Order No. 3 with Brang Construction, Inc. in the amount of $14,594.54 for the purchase of sixteen (16) bus shelter benches, and insta llation of fifteen benches; as requested by Palm Tran; plus a contract time ext ension of 130 days for the ARRA Bus Shelters Project. Funding is available from 101-3163-544-65.70 (ARRA Economic Stimulus FD: Other Improvements/Transit Stop Bus Shelters). Richard Hasko, Director of Environmental Services, stated this is a request for approval of $14,594.54 for the purchase of sixteen (16) bus shelter be nches and installation of fifteen (15) benches to accommodate the comments on t he most recently grant funded bus shelter project from Palm Tran. Mr. Hasko sta ted with the exception of the addition of one bus shelter location as requested by Palm Tran t hese have all been in response to ADA (Americans with Disabilities Act) issues that Palm Tran has identified through their inspection of the project work. He stated this par ticular issue had its roots in some contradictions in Palm Tran’s design manual which staff provided to them and included in the bid documents and the contractors plans were designed per them. He stated the bench widths in the rest of the bus shelters are all the 12 inch benches that we installed with these. Mr. Hasko stated the requirements changed in the last few years and according to Palm Tran is reflected in their standards. He s tated in one part of their standards it defines the benches as 20-24 inches in width and in another section it defines them as 10-24 inches in their width. Mr. Hasko stated the 12 inch fits in that criteria and noted that those were the specifications that we included in our b id documents and those were the specifications that the contractor used. Mr. Hasko sta ted in several communications and meetings with them the City suggested that they replace the benches in the shelters that were within FDOT and Palm Beach County rig hts-of-way and leave the benches as is which are the same widths as all the res t of the benches and the rest of the bus shelters all over town. He stated the sixteenth bench be longs to the additional shelter that they requested. Mr. Hasko stated that is where s taff is with Palm Tran to resolve it so that staff can proceed with the project and make the application for the grant reimbursements. Mr. Jacquet asked if there is anything on Linton between Milit ary Trail and Congress Avenue on the north side of Linton Boulevard. 30 04/17/12 Mrs. Gray asked if that is one on north Linton Boulevard. Mr. Hasko stated this have been placed at identified bus shelters to coinci de with Palm Tran bus stops. Mr. Hasko stated he would have to check the locations becaus e he is not aware of where these are all located. He stated this is going to be a continuing program as more grant money becomes available staff will apply for additional bus shelters. Mr. Hasko stated as more grant money becomes available the City will continue to apply for additional bus shelters. Mr. Carney stated he is disappointed that there was an ambiguit y and he would like to know if the City has any recourse against Palm Tran f or that ambiguity. He asked if there is a chance that the City can recover somethin g back based on an error on their part and whether or not the error may be covered under some insurance and the City could get reimbursement for that. The City Attorney stated staf f can look into this. Mr. Carney asked what the City is planning to do with these benches. Mr. Hasko stated the City owns the benches and he is sure that we will keep some of t hem for replacements for some of the other bus shelters. Mr. Hasko stated through the hist ory of this project the change orders with the exception of the one request from Palm Tra n for the additional shelter had been related to responding to their comments about the ADA requirements on the installation. He stated they are sensitive about conforming w ith ADA requirements on these bus shelters because of issues that they are having in other parts o f the county. Mrs. Gray moved to approve Change Order No. 3 with Brang Construction, Inc. in the amount of $14,594.54, seconded by Mr. Jacquet. Upon rol l call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Y es; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vot e. 9.D. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to appoint Linda Kidd as a regular member to the Public Art Advisory Board, seconded by Mr. Frankel. Upon roll ca ll the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager Doug Smith, Acting City Manager reported that the departments have been working on their budget submittals and the staff level revi ew of those will be coming up shortly. 31 04/17/12 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet stated he attended the Delray Affair and it was an amazing event. He is glad to hear that it was an event that was 100% funded by itself. Mr. Jacquet stated the City needs more events like that where the City is not paying to close down our streets. Secondly, Mr. Jacquet stated this is FCAT week and asked the Commission to encourage the students during this time. Mr. Jacquet stated he attended the Delray Beach Library 100 th Year Banner Event. He stated this past weekend he attended the Sandoway House Event a nd they had a “Dancing with the Stars” competition. Mr. Jacquet s tated he competed with former Commissioner Gary Eliopoulos and Commissioner Adam Frankel and was the winner of the competition. 13.C.2. Mr. Carney Mr. Carney stated the reason he removed Item 8.B. from the Consent Agenda to the Regular Agenda is because he understands what we a re trying to do as it relates to whether any type of non-ad valorem is a valid use for the City to fund portions of the budget. Mr. Carney expressed concern that the City put the cart before the horse and stated he is a firm believer that we need to figure out a way to balance the budget first and then after we have our balanced budget we then can take a portion of our budget and back a portion of it out to reduce the ad valorem taxes so that property owners get some kind of a tax break and then spread a minimal amount over. Mr . Carney stated there is a lot more discussion that has to get in as to whether we want to do it and if we ever do impose one what is the structure going to be when we do it. 13.C.3. Mrs. Gray Mrs. Gray asked staff to check into the issue with the press box at Pompey Park. She stated when a cover is placed around the air conditioning uni t you cannot see the field to actually call games and would like to see this fix ed before the City issues them a CO (Certificate of Occupancy). 32 04/17/12 13.C.4. Mr. Frankel Mr. Frankel stated he had the pleasure of presenting the Cham pionship Trophy during last week’s USTA 12’s tournament. He stated the re were 300 players and with 300 players there are many parents, coaches, brothers and si sters all staying in our community, eating in our community, and shopping in our community. Mr. F rankel stated the Tennis Center is being used throughout the year for very good purpos es. 13.C.5. Mayor McDuffie Mayor McDuffie stated a lot of people never see these youth tournaments and these events bring a lot of people to town. Secondly, Mayor McDuffie stated he got invited to Temple Emeth to kick off an event called the Flame Society which is passing the knowledge and memor y of the Holocaust down through generations. He stated he and Senator Sachs were speakers and it was a great event. Lastly, Mayor McDuffie stated the Delray Affair was a great event. There being no further business, Mayor McDuffie declared the m eeting adjourned at 9:27 p.m. __________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeti ng held on April 17, 2012, which Minutes were formally approved and adopted by th e City Commission on ________________________. 33 04/17/12 _______________________________________________ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They wil l become the official Minutes only after review and approval which may involve some amendm ents, additions or deletions as set forth above. Ci t y Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. A . Ci t y Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. A . Ci t Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. B . Ci t Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. B . Ci t Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. B . Ci t Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. B . Ci t Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. B . Ci t Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. B . Ci t Co m m i s s i o n Me e t i n g on Ap r i l 17 , 20 1 2 ; It e m 9. B . WHEREAS , this is the 54 th year for “National Safe Boating Week” founded in Se ptember of 1958; and WHEREAS , the National Safe Boating Council, Inc. along wit h the support of 330 groups and organizations, 65% of which are volunteers, devote t heir timeless efforts in the pursuit of safe recrea tional boating practice and procedures; and WHEREAS , the U.S. Coast Guard Auxiliary Flotilla 36 of Boca Raton recognizes and is a participant in “National Safe Boating Week”; and WHEREAS, recreational boating is fun and enjoyable, and we ar e fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at times and be a place of chaos and confusion; and WHEREAS , while being a marvelous source of recreation, boa ting can be a risky sport to the unprepared. Not knowing or obeying the Navigation R ules, the nautical “Rules of the Road,” drinking alcohol or taking drugs while operating a boat, or c hoosing not to wear a life jacket are all examples of human error or a lack of proper judgment; and WHEREAS , wearing life jackets can reduce by approximately 8 0% the number of boaters who lose their lives by drowning each year; and WHEREAS, on average, 700 people die each year in boating-rel ated accidents in the U.S. and nearly 70% of these are fatalities caused by drowning; and WHEREAS, a significant number of boaters who lose their liv es by drowning each year would be alive today had they worn their life jackets; and WHEREAS, if people are aware of the risk, they are likely t o take the precautionary measures to protect themselves, their friends and their family. That is why we must continue to spread the messages of boating safety not only during National Safe Boating Week bu t also throughout the entire year; and WHEREAS , today’s life jackets are more comfortable, more at tractive, and more wearable than styles of years past and deserve a fresh look by today’s boating p ublic. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim th e week of May 19-25, 2012 as: NATIONAL SAFE BOATING WEEK in Delray Beach, Florida, urge all of those who boat to Wear It!” and practice safe boating habits. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official S eal of the City of Delray Beach, Florida, to be affixed this 15 th day of May, 2012. NELSON S. McDUFFIE MAYOR WHEREAS , mental illness is recognized as a prevalent healt h problem in America, exceeding cancer, lung disease, heart dis ease, and obesity combined, and WHEREAS, early diagnosis and treatment can enable most indi viduals to recover and lead productive lives; and WHEREAS, one in four adults in Palm Beach County, or more t han 273,000, plus 21% of children and youth – cutting a cross socio-economic boundaries – have mental illness and nearly half of those suffer from two or more conditions simultaneously, including schizophrenia, bipolar disorder, and depression which may result in joblessness, domesti c violence, homelessness, absenteeism, divorce, bullying, school dropouts, an d suicide; and WHEREAS, the capacity of mental health service providers and stakeholders in Palm Beach County is being severely diminished day by day as a result of economic limitations and political divisi ons that hinder education, early identification, and access to service; and stand in the way of organizing for services; and WHEREAS, advocates and elected officials from South County M ental Health Coalition have proclaimed mental health a pr iority and have combined efforts to provide leadership and assistance to bre ak the silence throughout Palm Beach County through an action alliance on mental h ealth. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commis sion, do hereby proclaim 2012 as: BREAKING THE SILENCE BREAKING THE SILENCE BREAKING THE SILENCE BREAKING THE SILENCE YEAR YEAR YEAR YEAR in Delray Beach and recognize Mental Health Action Alliance of Palm Beach County for its potential to enlighten all citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15 th day of May, 2012. ______________________________ NELSON S. McDUFFIE MAYOR WHEREAS, Delray Beach includes citizens aged 60 and older an d is committed to helping all individuals maintain their health and independence in later life; and WHEREAS, older persons serve as advocates and volunteers in community service roles making a real difference in the daily lives of fellow citizens of all ages, while promoting and strengthening the American spir it of civic participation; and WHEREAS, the older adults in Delray Beach have an important role in sharing knowledge, wisdom, and understanding of the history of our community through interactions with children, youth, and adul ts from other generations; and; WHEREAS, the fruits of knowledge and experience can be effe ctively transferred from generation to generation through m eaningful social interactions and their interactions with family, friends, and neighb ors across generations enrich the lives of everyone involved; and WHEREAS, our community can provide opportunities to enrich citizens young and old by emphasizing the value of including elders in public and family life; creating opportunities for older Americans to inter act with people of different generations; and providing services, technologies, and support systems that allow older adults to participate in social activities in the community WHEREAS, this year’s theme for Older Americans Month, “Neve r Too Old To Play”, serves as a directive for everyone to tak e time this month to engage with our older citizens through enjoyable social interac tions such as sports, games, contests, and other forms of play. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commis sion do hereby proclaim May, 2012 as: OLDER AMERICANS MONTH in the City of Delray Beach, Florida, and call upon all citizens of all ages to acknowledge the contributions of older Americans du ring this month and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15 th day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, public works services provided in our community ar e an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citiz enry is vital to the efficient operation of public works systems and programs such as parks, water, sewers, public buildings, streets and highways, can al maintenance, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally depe ndent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated pers onnel who staff public works functions is materially influenced by the people’s attitude and understanding of the importance of the work they pe rform; and WHEREAS , this year's theme is “Public Works: Creating a La sting Impression”, as we celebrate the hard work and ded ication of the many public works professional throughout the world. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commis sion, do hereby proclaim the week of May 20-26, 2012 as: NATIONAL PUBLIC WORKS WEEK in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing ou r public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15 th day of May, 2012. ____________________________ NELSON S. McDUFFI E MAYOR WHEREAS , the week of May 20-26, 2012, has been designated National Emergency Medical Services Week; and WHEREAS , the chosen theme for this year’s declaration is "EMS: More Than A Job. A Calling"; and WHEREAS , the theme accurately emphasizes the relationship between local Emergency Medical Service providers and the community in which they serve; and WHEREAS , local Emergency Medical Service providers have partnered with the community, physicians, and local hospit als in improving public health and wellness through public education programs t hat raise awareness, medical and injury response and transport, disaster respons e and mitigation, and other initiatives that reinforce communal bonds; and WHEREAS, May 23, 2012 is Emergency Medical Services for Children (EMSC) Day; and WHEREAS , the City of Delray Beach likewise recognizes the servi ce and sacrifice of local Emergency Medical Services provi ders; and WHEREAS , throughout our City, Emergency Medical Service professionals provide a vital and necessary service and in the time of need, Emergency Medical Service providers respond in a timely m anner providing lifesaving measures for the residents and visitors of Del ray Beach. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commissi on, do hereby proclaim the week of May 20-26, 2012 as: NATIONAL EMERGENCY MEDICAL SERVICES WEEK in Delray Beach, Florida and urge all citizens to hono r our Emergency Medical Service teams who faithfully respond when called upon to render aid and to fulfill the greatest creed of all, the service to humanity . IN WITNESS WHEREOF , I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be aff ixed this 15 th day of May, 2012. ________________________ NELSON S. McDUFFIE MAYOR WHEREAS, the Sister City Program was initiated by President D wight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance of future world conflic ts; and WHEREAS, the relationship between the people of Miyazu, Jap an, and Delray Beach, Florida, actually began at the turn of the century w hen the Florida East Coast Railway helped Jo Sakai establish the Yamato Colony along the railroad near Bo ca Raton; and WHEREAS, among those early settlers was George Sukeji Morik ami, whose hometown was Miyazu, Japan, and who later donated his land near Delray Beach to the County of Palm Beach and which now is home to the Morikami Museum and Japanese Gar dens; and WHEREAS, the Sister City program serves as a vehicle to bri ng people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Miyazu, Japan established a Sister City Affiliation in April 1977; and WHEREAS, during the past 35 years our communities have had ci ty officials and citizens exchange visits and have established Student and Busin ess Exchange Programs. Delray Beach Sister Cities is enthusiastically sending its seventh Studen t Exchange delegation to Miyazu, Japan on June 8, 2012, and WHEREAS, the relationship between Miyazu and Delray Beach b rings about a great sense of brotherhood, friendship and amity between our two great citi es. NOW, THEREFORE, I, NELSON S. McDUFFIE , Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delra y Beach, do hereby recognize: SPENSER ANDERSON EMMA ARRIETA ALEX BRANDT MIKA DURANTE IZAAK LAKHIA PHOEBE WIENER DANIELLE ZAROS as Student Ambassadors representing the City of Delra y Beach. We send our best wishes for good health and fortune to all the citizens, and especiall y the Students, of Miyazu, Japan, and extend our hands in friendship and peace. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15 th day of May, 2012. ___________________________ NELSON S. McDUFFIE MAYOR MEMORANDUM TO:Mayor and City Commissioners FROM:David Boyd, Finance Director THROUGH:David T. Harden, City Manager DATE:April 16, 2012 SUBJECT:AGENDA ITEM 7.C. - REGULAR COMMISSION MEETING OF MAY 15, 2012 PRESENTATION OF FY 2011 AUDIT REPORT ITEM BEFORE COMMISSION Presentation of FY 2011 Audit. BACKGROUND Mr. Scott Porter, Partner with Caler, Donten, Levin e, Porter & Veil, P.A., will present the results of the FY 2011 audit. Caler, Donten, Levine, Porter & Veil , P.A. is an independent auditing firm based in West Palm Beach. COMPREHENSIVE ANNUAL FINANCIAL REPORT City of Delray Beach, Florida Year Ended September 30, 2011 with Report of Independent Certified Public Accountants Com p rehensive Annual Financial Report City of Delray Beach, Florida Year Ended September 30, 2011 with Report of Independent Certified Public Accountants Prepared by the Finan ce Depart me nt David A. Boyd , C.P.A., M.P.A., Director Milena Walinski, CGFO, Assistant Director Rebecca O'Connor Mary Ann Young , CGFO Dolores Egan Maureen Owens Yvonne Walker City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2011 Contents I.INTRODUCTORY SECTION Transmittal Letter ...........................................................................................................................................................i Certificate of Achievement .........................................................................................................................................vii List of Principal Officials ...........................................................................................................................................vii i City of Delr ay Beach Organizational Chart .................................................................................................................ix II.FINANCIAL SECTION Independent Auditor’s Report .......................................................................................................................................1 Management's Discussion and Analysis ........................................................................................................................3 Basi c Financial Statem ents Government -Wide Financial Statem ents Statement of Net Assets ...........................................................................................................................................17 Statement of Activities .............................................................................................................................................18 Fund Financial Statements Balan ce Sheet –Governmental Funds .....................................................................................................................19 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets ............................................................................................................................................................20 Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds ............................................................................................................................................21 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances t o the Statement of Activities .............................................................................22 Statement of N et Assets –Proprietary Funds ..........................................................................................................23 Statement of Revenues, Expenses, and Cha nges in Net Assets – Proprietary Funds .................................................................................................................................................24 Statement of C ash Flows –Proprietary Funds .........................................................................................................25 Statement of Fiduciary Net Assets –Fiduciary Funds .............................................................................................26 Statement of Chang es in Fiduciary Net Assets –Fiduciary Funds ..........................................................................27 Notes to Financial Statem ents ..................................................................................................................................28 Required Supplementary Inform ation Budgetary Compa rison Schedule –General Fund ...................................................................................................68 Notes to Budgetary Comparison Schedule ..............................................................................................................69 Schedul es of Pension Funding Progress ..................................................................................................................70 Sc hedules of Employer an d State Pension Contributions ........................................................................................71 Combining And Individual Fund Statements And Schedules Non -Major Governm ental Funds Descriptions .............................................................................................................................................................72 Com bining Balance Sheet ........................................................................................................................................73 Com bining Statement of Revenues, Expenditures, and Changes in Fund B alanc es ................................................74 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2011 Contents II.FINANCIAL SECTION (C ontinued) Non -Major Enterprise Funds Descriptions .............................................................................................................................................................75 Com b ining Statement of Net Assets ........................................................................................................................76 Com bining Statement of Revenues, Expens es, and Changes in Net Assets ............................................................77 Com b ining Statement of Cash Flows ......................................................................................................................78 Internal Servic e Funds Descriptions .............................................................................................................................................................79 Com b ining Statement of Net Assets ........................................................................................................................80 Com bining Statement of Revenues, Expens es, and Changes in Net Assets ............................................................81 Com b ining Statement of Cash Flows ......................................................................................................................82 Fiduciary Funds Descriptions .............................................................................................................................................................83 Com bining Statement of Plan Net Assets –Pensio n Tru st Funds ...........................................................................84 Com bining Statement of Changes in Plan Net Assets –Pension Trust Funds .........................................................85 Other Supple mentary Information General Fund Schedules of Revenue and Other Financin g Sources –Budget and Actual .............................................................86 Schedule s of Expenditures, Encumbrances a nd Other Financing Uses –Com pared with Appropriations .....................................................................................................................................................88 Debt Service Require ments Summary Schedule of Debt Service Requirements (Principal and Interest) to Maturity .........................................90 Com bined Schedule of General Obligation B ond Debt Service Requirements .......................................................91 Schedu le of General O bligation Bonds (Series 2002).............................................................................................92 Schedule of General O bligation Bonds (Series 2004).............................................................................................93 Schedule of General O bligation Bonds (Series 2005).............................................................................................94 Com bined Schedule of Revenue Bond Debt Service Requirements (Principal and Interest).........................................................................................................................................95 Schedule of Revenue Bonds (Series 2000)..............................................................................................................96 Schedule of Utility Ta x Revenue Bonds (Series 2002)...........................................................................................97 Schedule of Revenue Refunding and Im provement Bonds (Series 2003)...............................................................98 Schedule of Utility Tax Revenue Bonds (Series 2007)...........................................................................................99 Schedule of Revenu e Bonds (Series 2008 Tax able)..............................................................................................100 Com bined Schedule of Water and Sewer Revenue Bonds ....................................................................................101 Schedule of Water and Sewe r Revenue Bonds (Series 1993)................................................................................102 Schedule of Water and Sewer Revenue Bonds (Series 2006B).............................................................................103 Schedule of Water and Sewe r Revenue Bonds (Series 2007)................................................................................104 Sc hedule of Water and Sewer Refunding Revenue Bond (Series 2011A).............................................................105 Schedule of Installmen t Agreements (Capital Leases)..........................................................................................106 Com bined Schedule of Community Redevelopment Agency Tax Increment Redevelopment Revenue Bonds (Series 2004 and Series 1999)........................................................................107 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2011 Contents III.STATISTICAL SECTION Descriptions ..............................................................................................................................................................108 Financial Trends Net Assets by Component ......................................................................................................................................109 Changes in Net Assets ...........................................................................................................................................111 Governmental Activities Tax Revenues by Source ...............................................................................................115 Fund Balances of Governmental Funds .................................................................................................................1 16 Changes in Fund Balances of Governmental Fun ds ..............................................................................................118 General Governmental Tax Revenues by Source ..................................................................................................120 Assessed Value and Estimated Actual Value of Taxable Property ........................................................................121 Revenue Capacity Property Tax Rates -Dir ect and Overlapping Governments .................................................................................123 Principal Property Taxpayers .................................................................................................................................124 Property Tax Levies and Collections .....................................................................................................................125 Debt Capacity Ratios of Outstanding Debt by Type .....................................................................................................................126 Ratios of General Bonded Debt Outstanding .........................................................................................................127 Direct and Overlapping Governmental Activities Debt .........................................................................................128 Water and Sew er Pledged Revenue Coverage .......................................................................................................129 Dem ographic and Economic Info rm ation Principal Employers ...............................................................................................................................................130 Dem ographic and Economic Statistics ..................................................................................................................131 Operating Inform ation Full -time Equivalent Government Employees by Function ...................................................................................132 Capital Asset Statistics by Function ......................................................................................................................133 Operating Indicators by Function ..........................................................................................................................134 Schedule of Insuran ce in Force ..............................................................................................................................135 IV.COMPLIANCE SECTION Compliance With the Single Audit Act and the Rules of t he Auditor General for the State o f Florida Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ......................................................................136 Schedule of Expenditures of Federal Awards an d State Fin ancial Assistance ......................................................138 Notes to Schedule of Expenditures of Federal Awards and State Financi al Assistance ...........................................................................................................................................................140 Independent Auditor’s Report on Complia nce With Requirements That Could Have a Direct and Material Effect on Each Major Federal Program and State Project and on Internal Control Over Compliance in Accordance With OMB Circular A -133 and Chapter 10.550, Rules of the Auditor General ............................................................................................141 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2011 Contents IV.COMPLIANCE SECTION (Continued) Schedule of Findings and Questioned Costs -Federal Award Programs and State Financial Assistance Projects ....................................................................................................................143 City Corrective Action Plan ...................................................................................................................................14 8 Summary Sch e dule of Prior Audit Findings ..........................................................................................................151 Managem ent Letter Management Letter ................................................................................................................................................154 City R esponse to Managemen t Le tter ....................................................................................................................157 Introductory Section i March 14, 2012 Honorable Mayor City Commission City Manager City Staff Citizens and Friends of Delray Beach, Florida Ladies and Gentlemen: We are pleased to submit the Comprehensive Annual Financial Report (CAFR) of the City of Delray Beach for the fiscal year ended September 30, 2011. This report was prepared by the Finance Department and responsibility for the accuracy, completeness and the fairness of the data as presented rests with the City. We believe the data, as presented, is accurate in all material respects; that it is presented in a manner designed to fairly set forth the respective financial position of the governmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and the respective changes in financial position and cash flows where applicable thereof of the City. All disclosures necessary to enable the reader to gain the maximum understanding of the City's financial affairs and condition have been included. The City of Delray Beach offers the readers of their financial statements the Management Discussion and Analysis (MD&A) which is an overview and analysis of financial activities for the fiscal year ended September 30, 2011. This analysis is considered “required supplementary information” for the annual audit and we encourage readers to review and consider this when presented with additional information provided in the financial statements. PRIMARY GOVERNMENT AND COMPONENT UNITS This report includes all funds of the primary government (the City of Delray Beach) and all organizations and component units for which the City is financially accountable including the following:  South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) - this entity wa s established as a joint venture with equity interests between the cities of Delray Beach and Boynton Beach on December 26, 1974, and is therefore accounted for using the equity method in the financial statements. This agreement created a legal entity which provides wastewater treatment and disposal services, as well as a water reuse transmission plant to the south central region of Palm Beach County without regard to political or governmental boundaries. The entity is governed by a Board composed of the Commission members of each city.  Community Redevelopment Agency (CRA) - this entity is a component unit of the City of Delray Beach and, based upon accounting and reporting criteria, is required to be discretely presented within the financial statements. Discrete presentation requires that the financial information will be presented in columns separate from that of the City’s basic financial statements. The CRA is a dependent special district established by the City of Delray Beach under authority granted by Florida Statute Chapter 163, Part III. It is a legally separate entity established by Ordinance 46-85 passed by the City of Delray Beach City Commission on June 18, 1985. The CRA is governed by a seven member board appointed by the City Commission of the City of Delray Beach. The CRA receives tax increment funds (TIF) from the City of Delray Beach and Palm Beach County based upon the operating millage of those entities for the taxable assessed values of properties in the CRA district in excess of the 1985 taxable assessed valuations. ii Downtown Developm ent Authority (DDA) -this entity is also a component unit of the City of Delra y Beach and is also required to be discretely presented within the financial statements. T he DDA wa s created after the City petitioned the State of Florida. An Act allow ing the DDA becam e law on March 22, 1971. T he original boundary of t he DDA was established by Section 3, Chapter 71 -604 Law s of Florida 1971. T he expanded boundary was established by C hapter 94 -476 Laws of F lorida effective May 1 3, 1994. T his entity is allow ed to charge an ad valorem mi llage rate on the commercial businesses within its boundaries not to exceed one (1) mil. The resolutions regarding millage rates and budgetary submissions must be approved i n a public hearing process by the City of Delray Beach. THE CITY OF DELRAY BEACH The City of D elray Beach is a political subdivision of the State of Florida and is located in the southeastern part of the state in Palm B each County on the Atlantic shoreline. D elray Beach wa s first settled as an agricultural community in 1895 and first incorporated in 1911. It w as later incorporated as the City of Delray Beach on May 11, 1927. T he City has a current estimated perm anent population of 60,831 (2000 census perm anent population was 60,020) w ith another estimated 12,600 seasonal residents. The current total land area of the City is 16.5 square miles. D elray Beach is prim arily residential (67%) with a balance of commercial (10%), light industrial (4%), vacant and agricultural (1%), recreation and open space (13%) and education and government facilities (5%). I t is a ma ture community with 99.1% build -out (based upon land area) and, therefore, its focus is not upon growth, but upon quali ty d evelopm ent of remaining vacant areas and redevelopment of areas in a state of decline or deterioration. T his wo uld include the redevelopment of commercial and industrial areas which are no longer functionally competitive in the regional marketplace. The City of Delray Beach is a full service city with a Commission -Manager form of local government. The citizens elect a Mayor at large on a non -partisan basis every t wo (2) years who presides over fo ur (4) Commissioners who are elected at large on a non -partisan basis for two (2) year term s in alternating years. T he City Commission sets policy, approves legislation, adopts the Annual Budget, and sets rates and fees. T he City Commission appoints the City Manager, who is the Chief Operational Officer of the City, and the City A ttorney, who acts on all legal matters pertaining to the City. T he City Manager is charged with overseeing the daily business of the City and is responsible for the supervision of the City departments and em ploy ees. D epartment Hea ds serve at the pleasure of the City Manager and other employees are covered with either Civil Service regulations or union agreements. The City of D elray Beach provides citizens with police, fire, em ergency medical services including transport, parks and recreation, beach lifeguards, public works, water, sewer, garbage and trash, community im provement and inspection services along with planning, personnel, ma nagement and financial support services. T he City also provides services to unincorporated areas and adjacent mu nicipalities. W ater, fire protection, em ergency medical services, emergency police dispatch services, building inspection and perm itting and limited sewer services are provided to the Town of G ulfstream. S ew er services, fire protection and emergency me dical services and limited water services are provided to the Town of Highland Beach. Both areas are serviced on a contractual basis. The Delray Beach Tennis Center is a full -service tennis facility with 14 clay c ourts, 7 hard courts, and an 8,200 seat tennis stadium. T he facility include 19 lit courts, a pavilion and conference room , pro shop and locker room offering a wide range of adult and junior programs as well as professional events. The Delray Beach Golf Club, designed by Donald Ross in 1923, is one of Palm B each County’s finest public golf courses which includes a par 72 -6,907 yard golf course, driving ranges, 2 putting areas, banquet facilities, restaurant, bar and lounge area and pro shop facilities. T he Lakeview Golf Course is a par 60 -3,006 yard executive course favored by many beginners, senior citizens and casual golfers. The City encourages the participation of residents and business ow ners in educational fo rums, discussing problem s within our community, and in contributing their input into resolving these problem s. O ne venue for this is the Annual Tow n Hall Meeting (including an Annual Citizen’s Roundtable and Infrastructure Hearing) held each year prior to the annual budget process which includes a com prehensive report on the prior ye ar accomplishments of the Planning and Zoning Board, the Community Redevelopment Board and the City of Delray B each including the distribution of the City’s Annual Report. O ther venues include area -wide meetings with neighborhood associations , established boards and committees, charettes, a Resident’s Academy, a Student’s Academy, a Police Academy, a Speaker’s Bureau and special meetings. iii Delray Beach is known locally, regionally and nationally for its special events and vibrant downtown ac tivities. Over the past year, there were over 40 special events including the Green Market in the Park, Art and Jazz on the Avenue, Garlic Fest, Roots Cultural Festival, the 11 th Annual AT P International Tennis Championships (ITC) and, the 19 th Annual Chr is Evert Pro -Celebrity Tennis Classic charity tournament. T he 48 th Annual Delray Affair attracted over 150,000 visitors over a three -day p eriod. T he 4 th of July firew orks display attracted over 40,000 observers. T he City displayed its 100 -foot Christmas tree and had over 25,000 attend its First Night event at Old School Square. T here are numerous musicals, parades, shows, art and craft festivals, mo vies, lectures, exhibits, performances and other special activities. The City of D elray Beach has received the prestigious honor of being recognized as an All -America City in both 1993 and 2001. The City w as also a finalist in the 1998 All -America City aw ard com petition. Th e City of Delray Beach is the only city in Florida to have received this prestigious honor twice. The City of Delray Beach celebrated its 32nd year in Sister’s Cities Program r elationship with Miyazu, Japan and a later relationship with Moshi, Tanzania, Africa. CURRENT MAJOR INITIATIVES Annexation of Marketplace of Delray In December 2 010, the City annexed the Marketplace of Delray, a commercial area, which expands the City’s boundaries by 3 0.26 acres and includes an existing shopping center and several out parcels. T he annexation is expected to contribute additional tax revenue for th e City. Neighborhood Stabilization Program As with a number of cities in Florida, property foreclosures have been a big problem. T he City makes every effort to wo rk with various financial institutions to keep the properties ma intained. T he City h as received a $1.9 million grant which is to be use d for the acquisition, rehabilitation, disposition of foreclosed hom es and hom eownership assistance. L ast year fourteen foreclosed properties we re acquired. During this current fiscal year, three mo re properties we re acquired. O f the rehabilitated prope rties, three properties have been sold for single -family hom eownership, three properties were donated to the Delray Beach Housing Authority for rentals to very low income residents, two properties are being mar keted for resale and pending transfer to the D elray Beach Community Land Trust. T his program benefits low, moderate and median income households and funds from all sales are reinvested back into the program for community redevelopment. Green Initiatives The City Commissioners have made a commitment to position the City a s a leader in preserving our environment. Several sustainability initiatives were im plemented this year to serve as a road ma p for other communities throughout the state to follow. In May , Delray B each became the first city in Palm Beach County and one of the first in the state to install public electric car charging stations. The charging station was installed in the downtown area at the Banker’s Row parking lot. T he entire cost of t he charging stations of approximately $15,000, and $500 for electricity usage was donated by the Executive Director of Plug -In Florida. T he response has been so favorable; there are plans to install additional stations throughout the downtown area. Conse rving water is a priority in South Florida and Delray Beach is doing its part by r educing its ow n water usage. A landscaping project for the West Atlantic Avenue medians was com pleted that replaced plants that required a lot of water to mo re drought resis tant plants. I n addition, the sprinkler system was changed from the traditional overhead spraying to drip irrigation which saves 50% to 70% mo re wa ter than with the traditional spray heads. Th e cost of this project wa s covered by a $200,000 state grant and a $70,000 grant from the Delray Beach Community Redevelopment Agency (CRA). Delray Beach became the first City in Palm County to install solar -pow ered trash com pactors in three of its parks. The com pactors need to be em ptied only once every two weeks as opposed to mu ltiple times during the week. Th is not only saves on staff time, but also keeps the parks mu ch neater. T he cost of the trash com pactors was fully funded by the City’s solid waste agreement. A gain, the response has been so favorable, the compactors are now located in the beach area as well as downtown. There is an estimated savings of $40,000 annually. iv The Delray Beach Municipal Marina has been designated as a “Clean Marina” by t he Florida Department of Environmental Protection’s Clean M arina Program a nd the Clean Boating Partnership. T his prestigious honor recognizes the City’s utilization of innovative solutions to protect the environment during daily marine operations as well as in emergency situations. Delray Beach will be the 228th Clean Marina in the state. Employee Health and Wellness Center The Employee Health and Wellness Center for em ploy ees and their dependents opened in June, 2010. T he Center provides primary care by a licensed physician with no co -payment and dispenses m any generic prescription drugs at no cost to the em ploy ees and dependents covered under one of the City’s medical insurance plans. T he Cit y established the Center in close proximity to city work areas to encourage em ploy ees to be pro -active in their healt h care through preventive medicine. Through regular examinations and medical screenings, illnesses and diseases can be prevented as opposed to having to be cured or treated. T he on -site staff, in addition to the physician, includes a dietician, nutrition ist and radiology technician. L ab work, diagnostic testing and x-ray i maging is provided at the Center as well as weight loss programs. T he Center is popular with em ploy ees and their dependents with approximately 60% of employees utilizing the Center. Re claimed Water Project The Reclaimed Water Transmission System is a multi -phase project which will provide reclaimed water for irrigation of g olf courses, parks and residential properties. L ast year the municipal golf course and barrier island residents we re connected to the reclaimed water system. This year homes east of the waterw ay and north of Atlantic Avenue were provided reclaimed water. T his system provides irrigation water at significantly lower costs than using potable drinking water and will als o relieve the potable drinking water system of those irrigation demands. FINANCIAL POLICIES In the development and evaluation of the City's accounting and financial reporting systems, consideration is given to the adequacy and accuracy of the internal accounting controls. T hese controls are designed to provide reasonable, but not absolute, assur ance that the assets of t he City a re safeguarded against loss from unauthorized use or disposition and that there are reliable financial records for the preparation of financial statements and for the accountability of those assets. The City has adopted co mp rehensive financial policies that enhance and supplement its system of internal accounting controls to safeguard the assets of t his City a nd provides reasonable assurance of the proper recording of financial transactions. Financial Review Board The City Commission has established a Financial Review Board as acontinuation of the City’s prior Budget Task Force.The Financial Revie w Board is a seven (7) memb er citizen review board with two (2) alternate memb ers, all appointed by the City C om mission.Alter nate me mbers participate in all discussions but ma y vote only upon the absence of a regular Board member.The Mission of the Financial Review Board is to examine the income and expenditures (broadly defined) of the City of Delray Beach, and make recommend ations to the City Commission on various ways to favorably impact the City's budget and overall financial condition. The Financial Revie w Board continuously reviews the City’s existing financial plans and budget to improve current policies and the efficie nt use of available resources. Budget Policies The City Charter requires the adoption of an annual appropriated budget for the General Fund by t he City Commission. Nonappropriated budgets, which are not legally required to be adopted, are also prepared by management as an annual financial plan for Special Revenue Funds, Enterprise Funds and Internal Service Funds. The City C om mission has adopted policies requiring changes to the budget at the division and departmental level to be approved by the City Comm ission. B udget amendments within divisions and departments ma y be approved by the City Manager. As part of the budgetary control system, an encumbrance system is utilized. A n encumbrance is a commitment to acquire goods or services (purchase order) which have not been paid for at a particular point in time. F or operating purposes, outstanding encumbrances lapse at year -end and are then reappropriated as part of the new year budget. Blanket purchase orders are closed at year -end and are not reappropriate d. v OTHER INFORMATION Independent Audit Florida Statutes Chapter 166 requires that the City be audited on an annual basis by i ndependent certified public accountants. T he certified public accounting firm of Caler, Donten, Levine, Porter & Veil, P.A. was se lected to perform the audit of the City's financial statements. In a ddition to meeting the requirements set forth in the Florida Statutes, the audit was also designed to meet the requirements of the Federal Single Audit Act and the related OMB Circular A-133, as w ell as the Florida Single Audit Act. The auditors' reports related to the single audit are included in the Single Audit Section. Financial Statem ent Awards The Government Finance Officers Association of the United States and Canada aw arded a Cert ificate of Ac hievement for Excellence in Financial Reporting to the City of Delray Beach, Florida, for its CAFR for the fiscal year ended September 30, 2010. T his was the 28th consecutive year the City received this prestigious national aw ard. This aw ard is the highest form of recognition in governmental accounting and financial reporting. I ts attainment represents a significant accomplishment for the City and indicates that the contents of the CAFR conformed to strict program standards and satisfied Gen erally Accepted Accounting Principles (GAAP) and applicable legal requirements. A c ertificate is valid for a period of one year only. W e believe our current report continues to conform to the requirements of the certificate program, and we w ill submit it to the GFOA to determine its eligibility for the Certificate of Achievement. ACKNOWLEDGMENTS A Com prehensive Annual Financial Report of this ty pe and depth, illustrating the results of operations of the entire City and its various diversified funds and ac tivities, could not have been prepared so completely and professionally without the dedication and efficiency of t he entire Finance Department. T he efforts of Milena Walinski, Assistant Finance Director, and her entire Financial Services Division and Rebe cca O’Connor, Treasurer, deserve special individual recognition. We believe this report clearly illustrates that the City of Delray B each has developed and continues to maintain a strong financial condition and we w ish to thank the City Commission, City M anager and the citizens of t he City of Delray Beach for their cont inued support for fiscal responsibility. It is with great pride that we present this Comprehensive Annual Financial Report at this time. Respectfully submitted, David A. Boyd, C.P.A., M.P.A.Milena Walinski, M.B.A., CGFO Finance Director Assistant Finance Director vi The Government Finance Officers Association (G.F.O.A.) of the United States and Canada awarded a Certificate of Ac hievement for Excellence in Financial Reporting to the City of Delray Beach, Florida, for its Comprehensive Annual Financial Report (C.A.F.R.) for the fiscal year ended September 30, 2010. In order to be aw arded a certificate, a governmental unit must publish an easily readable and efficiently organized Com prehensive Annual Financial Report, whose contents conform to program standards. Such reports must satisfy both Generally Accepted Accounting Principles and applicable legal requirements. A certificate is valid for a period of one year only . We believe our current report continues to conform to certificate program requirement, and we are submitting it to G.F.O.A. to determine its eligibility for another certificate. vii viii CITY OF DELRAY BEACH, FLORIDA LIST OF PRINCIPAL OFFICIALS September 30, 2011 CITY COMMISSION Mayor...............................................................................................…….....……...…….Nelson “Wo odie” McDuffie Vice -Mayor...........................................................................................................................................Thom as Carney Deputy Vice -Ma yor………............................................................................................................……Adam Fr ankel Commissioner..............................................................................................................................................Jay Alperin Commissioner.........................................................................................................................................An geleta Gray CITY STAFF City Manager......................................................................................................................................David T. Harden City Attorney...............................................................................................................................................Brian Shutt Assistant City Manager................................................................................................................Robert A. Barcinski Assistant City Manager.....................................................................................................................Douglas E. Sm ith City Clerk.........................................................................................................................................Chevelle D. Nubin Community Improvement Director......................................................................................................Lula C. Butler Environmental Services Director....................................................................................................Richard C. Hasko Finance Director.....................................................................................................................................David A. Boyd Acting Fire Chief.................................................................................................................................Danielle Connor Hum an Resources Director.................................................……………………….….......................Bruce J. Koeser Parks and Recreation Director................................................................................................................Linda Karch Planning and Zoning Director………………............................................................………………….Paul Dorling Police Chief......................................................................................................................................Anthony Strianese Financial Section 1 Independent Auditor’s Report To the Honorable Mayor and City Commission City of Delray Beach, Florida We have audited the accompanying financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Delray Beach, Florida, as of and for the year ended September 30, 2011, which collectively comprise the City’s basic financial statements as listed in the table of contents. These financial statements are the responsibility of the management of the City of Delray Beach, Florida. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Police and Firefighters’ Retirement System Fund, a fiduciary fund of the City, which represents 51 %, 5 3 % and 3 8 %, respectively, of the assets, net assets/fund balances and revenues/additions of the aggregate remaining fund information of the City, and the Delray Beach Downtown Development Authority, a discretely presented component unit of the City, which represents .2%, .3% and 4.5 %, respectively, of the assets, net assets and revenues of the City’s discretely presented component units. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the Police and Firefighters’ Retirement System Fund and Delray Beach Downtown Development Authority, is based solely on the reports of the other auditors. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over financial reporting. Accordingly, we express no such opinion. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, based on our audit and the report of other auditors, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund and the aggregate remaini ng fund information of the City of Delray Beach, Florida, as of September 30, 2011, and the respective changes in financial position and cash flows, where applicable, thereof for the year then ended in conformity with U.S. generally accepted accounting principles. C ALER , D ONTEN , L EVINE , P ORTER & V EIL , P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR, CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA JAMES F MULLEN, IV, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpacom MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 2 In accordance with Government Auditing Standards , we have also issued our report dated Ma rch 12, 2012 on our consideration of the internal control over financial reporting of the City of Delray Beach, Florida, and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. U.S. generally accepted accounting principles require that the management’s discussion and analysis on pages 3 through 16 and the budgetary comparison and pension information on pages 68 through 71 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements of the City of Delray Beach, Florida as a whole. The introductory section, the combining and individual fund financial statements and schedules, the statistical section and the other supplementary information listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and Chapter 10.550, Rules of the Auditor General, and is also not a required part of the basic financial statements. The combining and individual fund financial statements and schedules, the Schedule of Expenditures of Federal Awards and State Financial Assistance, and the other supplementary information are the responsibility of management and were derived from and directly related to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with U.S. generally accepted auditing standards. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Ma rch 12, 2012 3 Management’s Discussion and Analysis Representing the City of Delray Beach (C ity) management team, the Finance Department offers readers of the City ’s financial statements this Management ’s Discussion and Analysis (MD&A) which is a narrative ov erview and analysis of the overall financial activities of the City for the fisc al year ended September 30, 2011. We encourage readers to consider the information presented herein in conjunction with additional information that we have furnished in our Transmitta l Letter, which can be found on pages i through v of this report and the actual detailed financial statements beginning on page 17. Financial Highlights The City’s single largest source of revenue is from property taxes derived from the taxable assesse d value of properties with the City, as summarized below (in billions). The ov erall financial condition of the City’s General Fund operations is influenced by the real estate market, the current state of the economy and State tax reform legislation. The impact of all three factors has led to the current 11 % decrease in taxable assessed property values, from $7 billion in 2010 to $6.2 billion in 2011, or a decrease of $.8 billion. This is the third decrease in the City’s taxable assessed value since 1994. Projected f iscal ye ar 2012 also shows a decrease of 2 %, from $6.2 billion to $6.1 billion in taxable assessed value . 4 The assets of the City (Primary Government) exceeded its liabilities at September 30, 2011 by $228,871,571 (Total Net As sets). Of this amount, $64,539,699 is Unrestricted Net As sets that may be used to meet the City’s ongoing obligations to citizens and creditors. The City’s financial statements also include the Delray Beach Community Redevelopment Ag ency (C RA ) and the Delray Beach Downtown Development Au thority (DDA)as two discretely presented component units .These separate agencies are included because the City appoints the governing body of each agency. Together the CRA and DDA had net assets of $26,010,623 at September 30, 2011. The City’s total net assets, including the City’s discretely presented component units, increased by $1,916,498. O f this amount, governmental activities (i ncluding the CRA a nd DDA) increased by $713,170 and business -type activities increased by $1,203,32 8. The increase in governmental activities is attributed to the CRA. The total net assets of the City (Primary Government) de creased by $453,999, comprised of a decrease of $1,657,327 in the governmental activities and an increase $1,203,328 in the busine ss -type activities. This change in net assets is show n on the Statement of Activities. At September 30, 2011 , the City ’s governmental funds reported combined ending fund balances of $34,724,289 which dec reased $2,926,501from the prior year. The de crease is due primarily to the General Construction Fund using fund balance to complete projects and a decline in General Fund revenues. A pproximately $28,272,000 or 81%of the combined ending fun d balance is available for spending (Un assigned Fund Balance and As signed Fund Balance). Of this amount, $18,833,836 is in the General Fund, $5,716,280 is in the Capital Projects Funds and $3,724,592 is in the Special Revenue Funds . These balances are shown on the statement entitled “Balance Sheet -Governmental Funds ”. At September 30, 2011 , Un assigned Fund Balance for the General Fund was $18,682,823 or 20.6 % of total 2011 General Fund expenditures of $90,549,314. This is a decrease of $1,696,744 from the prior year or 8.3%. Al though expenditures decreased by 3.6%, re venues decreased even more, 4.7%, resulting in the overall decrease to fund balance. The City ’s financial policy is to strive to maintain between 15%to 25% of Un assigned Fund Balance compared to the expenditure budget as an acceptable reserve for first q uarter cash flow (there are no tax remittances during the first several months of a fiscal year) and for unanticipated expenses such as storm damage costs, uninsured legal claims and other unforeseen expenses. 5 Overview of the Financial Statements This m anagement discussion and analysis report is intended to serve as an introduction to the City ’s basic financial statements . The City ’s basic financial statements consist of three parts : 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements . This report also contains other supplementary information that explains in more detail some of the information in the financial statements. Government -Wide Financial Statements The government -wi de financial statements are designed to provide readers wi th a broad ov erview of the City ’s finances and to report information about the City in a manner similar to those reports issued and used by private sector companies. The Statement of Net As sets includes all of the City ’s assets and liabilities and provides information about the nature and amounts of investments in resources (a ssets) and the obligations to creditors (l iabilities). These assets and liabilities are presented in a classified format, which distinguis hes between current and long - term assets and liabilities . The difference between assets and liabilities (net assets) provides the basis for computing rate of return, evaluating the capital structure of the City, and assessing the liquidity and financial fl exibility of the City . Over time, increases or decreases in net assets may help to serve as a useful indicator of whether the overall financial position of the City is improving or deteriorating. The Statement of A ctivities presents information showing ho w the City ’s net assets changed during the most recent fiscal year . Al l changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows . Thus, revenues and expenses are rep orted in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected revenues and earned but unused leave). Both of the government -wide financial statements distinguish functions of the City that are princ ipally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental acti vities of the City include such areas as General Government, Public Safety, Physical Environment and Parks and Recreation . The business -type activities of the City that rely on user fees and charges include areas such as Water and Sewer, Municipal Golf Cou rse, Lakeview Golf Course, City Marina, Sanitation and Stormwater Utility operations. Both of the government -wide financial statements include not only the City itself (known as the Primary Government), but also the legally separate CRA and DDA for which the City is financially accountable (known as component units). Financial information for these component units are reported separately from the 6 financial information presented for the primary government itself.The government -wi de financial sta tements can be found on pages 17 and 18 of this report. Fund Financial Statements Governmental Funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements . However, unlike the government -wi de financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year . As a r es ult of this difference in focus,reconciliations are provided between the fu nd financial statements and government -wide financial statements to understand the long -term impact of short -term financing decisions . The City maintains thirteenindividual gove rnmental funds . In formation is presented separately for the General Fund . Data for the other governmental funds are aggregated into a single presentation . In dividual fund data for each of these non -major governmental funds is provided in the form of combin in g statements elsewhere in this report . The basic governmental fund financial sta tements can be found on pages 19 through 22 of this report. Proprietary Funds The City maintains two different types of proprietary funds, enterprise funds and internal service funds . Enterprise funds are used to report business -type activities that charge fees to customers for the use of specific goods or services . These state ments are prepared on the accrual accounting basis that is the same as the basis used to prepa re the government -wide financial statements . The City uses enterprise funds to account for its water and sewer utility, the municipal golf course, the Lakeview golf course, the marina, sanitation operations and stormwater utility. Internal service funds are used to account for the insurance services and central garage services provided to other departments of the City on a cost -reimbursement basis . Because these services predominantly support governmental rather than business -type functions, they h ave been included wi thin the governmental activities in the government -wide financial statements. Proprietary fund financial statements provide the same type of information as the government -wide financial statements, only in more detail . The proprietary fund financial statements provide separate information for the water and sewer utility system which is considered to be a major fund of the City . T he remaining 7 enterprise funds are considered non -major funds and are combined with the internal service fundsinto a single, aggregated presentation in the proprietary fund financial statements . Individual fund data for the non -major enterprise funds and the individual internal service funds is provided in the form of combining statements elsewhere in this report . The City ’s proprietary fund financial sta tements can be found on pages 23 to 25 of this report. Fiduciary Funds Fiduciary funds are used to account for resources held in trust for the benefit of parties outside the government . Fiduciary funds are not reflected in the government -wi de financial statements because the resources of those funds are not available to support the City ’s operations . The accounting methods used for fiduciary funds are similar to that used for proprietary funds . Individual fund d ata for each of t he fiduciary funds is provided in the form of combining statements elsewhere in this report . The City ’s fiduciary fund financial statements can be found on pages 26 and 27 of this report. Notes to the Financial Statements The notes to th e financial statements provide additional information and clarification that are essential to a full understanding of the data presented in the government -wi de and fund financial statements . The notes to the financial statements c an be found beginning on p age 2 8 of this report . Other Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information , including a budgetary comparison schedule for the General Fund and sched ules providing information on the City ’s progress in funding its obligation to provide pension benefits to its employees . T he budgetary comparison schedule for the General Fund has been provided as required supplementary information to demonstrate compl iance with the appropriated budget the City is required to adopt under Florida Statutes. T he City is not legally required to adopt budgets for other funds and therefore those budgets are not included as required supplementary information. Required supplem entary info rmation can be found on pages 68 through 71 of this report. The combining fund financial statements for non -major governmental, non -major proprietary and the fiduciary funds are presented immediately following the required supplementary inform ation . Combining and individual fund financial statements and schedules c an be found beginning on page 72 of this report. Government -Wide Financial Analysis Our analysis of the government -wi de financial statements of the City begins below . One of the mos t important questions asked about the City ’s finances is 8 “whether the City of Delray Beach, as a whole, is better off or worse off as a result of this year ’s activities?” The following Condensed Statement of Net As sets and Condensed Statement of Ac tivitie s report summarized information about the City ’s activities in a way that will help answer this question . These two statements report the net assets of the City and the changes in net assets during the year . You can think of the City ’s net assets -the difference between assets and liabilities -as one way to measure the financial health or financial condition . Over time, increases or decreases in the City ’s net assets are one indicator of whether its financial health is improving or deteriorating . Howev er, you will also need to consider other non -financial factors such as changes in economic conditions, regulations, and new or changed government legislation. To begin our analysis, a summary of the City ’s government -wide statement of net assets is presented in Table A -1. Table A -1 Condensed Statement of Net Assets ($ in millions) Governmental Activities Business -type Activities Totals 20 11 201020112010 20 11 2010 Current and other assets $51.2$58.6$60.1$61.1$111.3$119.7 Capital assets 139.7141.7101.110 1.6 240.8243.3 Total Assets 190.9 20 0.3 161.2 1 62.7 352.1363.0 Current liabilities 7.4 10.9 8.59.2 15.920.1 Non -current liabilities 72.076.235.437.4107.4113.6 Total Liabilities 79.487.143.946.6 123.3133.7 Net Assets: Invested in capital assets, net of related debt 78.877.774.96 9.5 153.7147.2 Restricted 6.5 13.6 4.17.1 10.620.7 Unrestricted 26.221.938.339.564.561.4 Total Net Assets $111.5 $113.2 $117.3$116.1$228.8 $2 29.3 The total net assets of the City decreased by $.5 million or approximately .2% from $229.3 million to $228.8 million. The decrease in net assets was primarily a result of operations in the governmental activities. A significant portion of the City’s net assets ($153.7 million or 67.2% of the Total Net As sets)reflects its investment in capital assets (e .g., land, buildings, machinery, and equipment), net of any related debt that is still outstanding . Al though the Ci ty ’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City’s net assets (4 .6%) represents resources that are subject to restrictions on how they may be used. The balance in restricted assets reflects a decrease of $10.1 million from the prior year. T his decrease is primarily due to debt service in both business -type and governmental activities. 9 The unrestricted portion of net assets represents resources that may be used to meet the City’s ongoing obligations to its citizens and creditors. T he 2011 balance increased $3.1 million due to increases in certain Special Revenue Fund net assets categorized as unrestricted on the statement of net assets. The overall financial condition of the City remained consisten t as evidenced by Table A -1. While the statement of net assets shows the change sin financial position and net assets, the Condensed Statement of Ac tivities provides answers as to the nature and the source s of these changes . This is shown below in Table A -2. Table A -2 Changes in Net Assets Condensed Statement of Activities ($in millions) Governmental Activities Business -type Activities Totals 20 11 20 10 20 11 20 10 20 11 20 10 Revenues Program Revenues: Charges for services $13.8$1 3.6 $42.5$42.6$56.3$56.2 Operating grants, contributions 4.87.0 .9 1.25.78.2 Capital grants, contributions .4.8.8.9 1.21.7 General Revenues: Property Taxes 47.55 2.7 .0.0 47.55 2.7 Other taxes 15.61 5.9 .0.0 15.61 5.9 Intergovernmental 6.05.8 .0.0 6.05.8 Other 7.37.7 .0.0 7.37.7 Total Revenues 95.4 103.5 44.2 4 4.7 139.6148.2 Expenses General government 18.32 2.5 .0.0 18.322.5 Public safety 56.656.0 .0.0 56.656.0 Physical environment 7.68.4 .0.0 7.68.4 Parks and recreation 15.615.3 .0.0 15.615.3 Interest on long -term debt 2.72.9 .0.0 2.72.9 Water and sewer .0.0 29.526.229.526.2 Municipal golf course .0.0 3.03.03.03.0 Lakeview golf course .0.0.7.7.7.7 City marina .0.0.1.1.1.1 Sanitation .0.0 4.34.44.34.4 Stormwater utility .0.0 1.71.51.7 1.5 Total Expenses 100.8105.1 39.335.9 140.1141.0 Change in Net Assets Before Transfers (5 .4) (1.6) 4.9 8.8 (.5)7.2 Transfers 3.73.6 (3.7)(3.6).0.0 Increase (Decrease) in Net Assets (1.7)2.01.25.2 (.5)7.2 Beginning Net Assets 113.2111.2116.1 1 10.9 229.3222.1 Ending Net Assets $111.5 $1 13.2 $117.3$116.1 228.8 $229.3 10 Governmental activities de creased the City ’s net assets by approximately $1.7 million . The de crease in net assets is a result of variances in revenues and expenses with the most notable being : The revenues in most categories remained constant from the prior year as noted in the table below, except property taxes and operating grants and contributions. T he property tax decrease is a reflection of the continued decline in taxable assessed value. Both 2011 and 2010 reflected double digit decreases in taxable assessed value, although for 2012, the decline appears to be slowing. T he decrease of $2.2 million in operating grants and contribution is directly related to the completion of American Recov ery and Reinvestment Act (ARRA ) projects. Re ve nue by Sour ce s- Gove rn men ta l Ac ti vit ie s 13.6 7.0 0.8 52.7 15.9 5.8 7.7 13.8 4.8 0.4 47.5 15.6 6.0 7.3 0 10 20 30 405060 Cha rg es for Se rv ic es Ope ra ti ng Gr an ts /Cont ri but io ns Ca pi ta l gr an ts /Cont ri but io ns Prope rt y T ax es Ot he r Ta xe s In ter go ve rnm en ta l Ot he r 2011 2010 Expenditures by function for 2011 and 2010 are summarized as follows: Ex pendi tu re b y Fu nc ti on 22.5 56 8.4 15.3 2.9 18.3 56.7 7.6 15.6 2.7 0 1020 30405060 Ge ne ral gove rn men t Publ ic s af ety Phys ic al en vi ronm en t Pa rks a nd re cre at io n In ter es t on de bt 2010 2011 11 Most departmental expenses decreased except for a slight increase in public safety a nd parks and recreation. The increase in Parks and Recreation was directly attributable to the Tennis Stadium operations. T his year was the first time the City hosted the Champions Tour. T he cost of the tournament was $.5 million. Business -type activiti es net assets had an increase of $1.2 million for the year, but this was a decrease of $4 million from the previous year. A ll business -type funds remained fairly consistent with the previous year, except for the Water and Sewer Fund, where interest expens e increased 139.5% from fiscal year 2010 due to the interest associated with the Capital Appreciation bonds. Financial Analysis of the City of Delray Beach Funds Governmental Funds The fund financial statements for the governmental funds are provided on pages 19 -22. The only major governmental fund of the City is the General Fund. Major Governmental Fund Information ($ in Millions ) General Fund 2011 2010 Revenues $89.7 $94.2 Expenditures (90.5)(93.9) Other financing sources (uses)(.5) 0 In crease (Decrease)in Fund Balance $(1.3) $.3 General Fund The General Fund is the primary operating fund of the City and is not supported by user fees. T he General Fund recognized $89,761,392 in total revenues,$90,549,314 in expenditures and ($521,601) in net other financing uses . This resulted in a decrease in fund balance of $1,309,523. The Fund Balance de creased from $24,061,578 in 2010 to $22,752,055 in 2011. Of this amount, $18 ,682,823 is in Un assigned Fun d Balance which represents 20.6 % of the 2011 expenditure level. This represents a decrease of 8.3 % from the prior year. The City’s informal guideline is to maintain Un assigned Fund Balance at a level of 15% to 25% of the City’s expenditures to compensate for first quarter cash flow, uninsured legal claims and other emergency purposes. 12 Proprietary Funds Proprietary Fund Information ($ in Millions ) Operating Income Change in Net Assets 2011 2010 2011 2010 Enterprise Funds Water/Sewer $9.8$9.5 $.4 $3.7 Municipal Golf Course .0 .1 (.1).0 Lakeview Golf Course .0.0.0 .0 City Marina .1.1.0.0 Sanitation .6 1.0 .6 1.0 Stormwater Utility .5.7.4 .4 Internal Service Funds Insurance (.3)1.2 (.3).6 Central Garage .1.0.3 .6 Water and Sewer Fund The increase of $300,000 in operating income reflects increased sales of reclaimed water and a slight reduction in operating expenses. T he Water and Sewer Fund is encouraging customers to use reclaimed water as opposed to potable water for irrigation purposes. T o meet the need o f the customers, reclaimed water lines are being installed in multiple areas of the City. A lthough the reduction in operating expense was slight, the Fund is continuing the trend of reducing expenses. Other Enterprise Funds The City has five (5) other n on -major enterprise funds consisting of the Municipal Golf Course, Lakeview Golf Course, City Marina, Sanitation and the Stormwater Utility . The Municipal Golf Course has an operating loss this year of ($34,881) compared to $125,280 last year . T he econo my has had a negative impact on the rounds of golf played this year. The Lakeview Golf Course has an operating income of $46,113 versus $57,340 last fiscal year . This is an executive golf course and is not as sensitive to the economy as the Municipal Golf Course. The Marina Fund has an operating income this year of $73,708 compared to $65,808 last year , reflecting a slight increase in slip rentals for 2011. The Sanitation Fund generated an operating income of $642,950 this year compared to $1,036,911 last year. The difference from the prior year was due to a settlement with the debris hauler for work following Hurricane Frances. 13 The Stormwater Utility Fund has an operating income this year of $521,135 compared to $688,556 last fiscal year . This year, a portion of the engineering division and Sustainability Officer’s costs were transferred to the Stormwater Utility Fund reflecting the work performed by those functions. Stormwater fees are billed and received as part of the annual property tax bills. I nternal Service Funds Internal service funds are used to account for the financing of goods or services provided by one department to other departments within the City on a cost reimbursement basis. The City has two internal service funds; the In surance Fund is used to account for all personnel insurances (health, life, disability) and property and casualty insurance , and the Central Garage Fund handles all the fueling, maintenance and replacement of city vehicles. The Insurance Fund recorded a de crease in our required self -insured “In curred but Not Reported ”(I BNR) claims liability from $4,265,219 to $3,996,911 for property, health and worker ’s compensation claims . The decrease reflects slower claim development for all lines of insurance and a reduction in very large claims. Al l required reserves are determined by independent actuaries . T he In surance Fund had $3,812,889 in Unrestricted Net A ssets at September 30, 2011 . T he Central Garage Fund has an operating income of $117,115 compared to $26,998 last year. The increase in operating income is due primarily to an increase in the labor rate charged for Garage services. General Fund Budgetary Highlights The original budget for 2011 reflected an increase of $2.9 million in fund balance, while the final amended budget was a decrease of $3.3 million. T here was a positive variance between the final adopted budget and actual results of operations of $2.1 million. A ctual revenues exceeded the final budget by $220,000 and actual expenditures were less than final budget by $1.9 million. Current year revenues were greatly impacted by a slow economy, and a decline in private and commercial construction . Most revenue categories were close to budgeted amounts, except for Taxes which exceeded the budget by $502,000 and Charges for Services which were under budget by $565,000. Capital Asset and Debt Administration Capital Assets As o f Septe mber 30, 2011, the City had $240.7 million invested in a variety of capital assets, as reflected in Table A-3 below, which rep resents a net decrease of $2.6 million f rom the previous fiscal year . Infrastructure assets are included in the Governmental Activities category “Improvements Othe r”. Ad ditional information can be found in Note 9 Capital Assets pages 41 -43 . 14 Table A -3 Capital Assets ($ In Millions ) Beginning Balance 10/01/20 10 Increases Decreases Ending Balance 9/30/20 11 Government al Activities: Land $3 8.1 $0.4 ($.0)$38.5 Construction in Progress 1.43.6 (.3)4.7 Non -Depreciable Assets 39.5 4.0 (.3)43.2 Buildings 37.8 .3 (.0)38.1 Improvements Other 116.1 .9 (.1)116.9 Equipment 3 7.7 2.2 (1.5)38.4 Less: Accumulated Depreciation (89.4)(9.1)1.6 (96.9) Depreciable Assets -Net 102.2 (5.7)(.0)96.5 Capital A ssets -Governmental $141.7 $(1.7)$(.3)$139.7 Business -Type Activities: Land $5.7$0.0 $0.0$5.7 Construction in Progress .4 2.9 (.1)3.2 Non -Depreciable Assets 6.12.9 (.1)8.9 Buildings 13.6 .1 .0 13.7 Improvements Other 15 8.0 .5 (.3)158.2 Equipment 14.1 .5 (.5)14.1 Less: Accumulated Depreciation (90.2)(4.2).5 (93.9) Depreciable Assets -Net 95.5 (3.1)(.3)92.1 Capital A ssets -Business -Type $1 01.6 $(.2)$(.4)$101.0 Major capital assets changes during fiscal year 2011 were minimal due to slow economic conditions. P rojects city -wi de have either been downsized or deferred in fiscal year 2011, although t here are several large projects that are in the planning stage for 2012. In the upcoming year, the beautification of Federal Highway is being planned with a budgeted cost of $9.2 million wi th the majority of the funding to come from federal, state and local grants. A n ew financial system is in the planning sta ges with a budget of $1.4 million ,including hardware. The Water and Sewer Fund has reclaimed water projects totaling in excess of $1.2 million. Debt Administration As o f September 30, 2011 , the City had total debt outstanding of $113.0 million compared to $119.1 million as of Sep tember 30, 2010. The $113.0 million, net of relate d unamortized premium, discount and losses on refunding, includes the following: General obligation bonds of $24.6 million (g ross), which is debt backed by the full faith and c redit of the City. 15 Revenue bonds of $35.6 million (g ross), which are secured by pledged revenue sources or the promise to budget and appropriate sufficient reven ues to pay for the debt service. R evenue bonds of $26.2 million (g ross) that are backed by a p ledge of the net revenue of the water and sewer sys tem. Ac crued interest on capital appreciation bonds of $10.7 million. C ompensated absences of $8.1 million. In surance claims reserves of $4 million . In stallment agreements of $.2 million that are secure d by the promise to budget and appropriate sufficient revenues to pay the debt . Table A -4 Noncurrent Liabilities ($ in Millions) Beginning Balance 10/01/20 10 Increases Decreases Ending Balance 9/30/2011 Government al Activities: Revenue Bonds $36.5 $ .0 ($.9)$35.6 General Obligation Bonds 27.1 .0 (2.5)24.6 Unamortized Premium 1.0 .0 (.1).9 Unamortized Loss on Refinancing (0.3 ).0 0.1 (.2) Total Bonds Payable 64.3 .0 (3.4)60.9 Ins tallment A greements .2 .0 (.1).1 Compensated Absences 7.5 .3 (.7)7.1 Insurance Claims Payable 4.27.9 (8.1)4.0 Governmental Activities 76.2 8.2 (12.3)72.1 Business -Type Activities: Revenue Bonds 32.1 5.4 (11.3)26.2 Unamortized Premium 0 .1 0.0 (0.0)0.1 Unamortized Loss on Refinancing (0.2 )0.0 0.0 (0.2) Total Bonds Payable 32.0 5.4 (11.3)26.1 Accrued interest on capital appreciation bonds 9.93.8 (3.0)10.7 Compensated Absences .9 .1 (.0)1.0 Ins tallment A greements 0.10.0 0.0 0.1 Business Type Activities 42.9 9.3 (14.3)37.9 Total Debt Outstanding $119.1 $17.5 $(26.6)$110.0 The City issued $5,430,000 of Water and Sewer Revenue Bonds on September 29, 2011 (S eries 2011A) to currently refund the Series 2006A W ater and Sewer Revenue Bonds. A ll other long -term debt activity for 2011 was related to payments on outstanding debt and amortization of bond premium, discount and prior refunding losses. The general obligation bonds of the City maintain an underlying rating of AA - from Standard & Poor ’s and A1 f rom Moody ’s In vestors Services, In c . There was no change in the City’s bond ratings from the prior year. For more detailed 16 information regarding the City ’s debt and debt financing activity, refer to N ote 12, Noncurren t Liabilities pages 46 -53 . Economic Factors and FY 2012 -13 Budget and Rates At the end of September 2011 t he City authorized the refunding of the outstanding Water and Sewer Bonds, Series 2006 (with Series 2011A) resulting in a present value savings of $555,000. In October 2011, the City authorized a second refunding of $8,160,000 (with Series 2011B) for outstandin g Water and Sewer Bonds, Series 2007, resulting in a present value savings of $1,105,000. In a n effort to enhance collection of ambulance fees, the City brought the function of billing and collections “in house”. The anticipated revenue was not realized this year due to staffing issues, but collections in the current year are on track to meet the original budget projections. The City is participating in a Priority Based Budget process for the upcoming budget (F Y 2012/13). C ommunity goals and values have been established and functions are in the process of being ranked. The Florida legislature is considering various proposals which could have a significant impact on local government’s revenues and expenditures, as well as the government’s ability to main tain or improve services to the residents. T he City is monitoring these initiatives and their future impact to the City. Requests for Information This financial report is designed to provide a general ov erview of the City ’s finances for all those with a n interest in the government ’s finances . Questions concerning any of the information provided in this report or requests for additional information should be addressed to the: Office of the Director of Finance 100 N. W. 1 st Av enue Delray Beach, FL 33444 Phone: (561) 243 -7117 Basic Financial Statements Community Downtown Redevelopment Development Governmental Business-Type Agency Authority ActivitiesActivities Total (CRA)(DDA) ASSETS Cash and cash equivalents 40,144,528 $ 155,702 $ 40,300,230 $ 8,306,105 $ 51,525 $ In vestments 16,500,000 - 16,500,000 - - Receivables:- Accounts, net 1,717,869 3,128,095 4,845,964 974,058 7,452 Unbilled accounts - 1,052,928 1,052,928 - - Notes receivable 5,074,816 - 5,074,816 - - In terest receivable 1,041,048 - 1,041,048 - - Due from primary government - - - 50,000 - Due from other governments 2,215,823 - 2,215,823 - - In ternal balances (18,970,102) 18,970,102 - - - In ventory 76,905 325,440 402,345 - - Prepaid expenses 1,112,914 74,483 1,187,397 - 16,912 Net pension asset 133,794 - 133,794 - - Deposits - - - 4,041 2,250 Due from component units 623,625 - 623,625 - - Bond issuance costs, net 459,156 65,605 524,761 17,250 - Restricted assets - 7,268,782 7,268,782 - - In vestment in regional plant (joint venture)- 29,120,961 29,120,961 - - Assets held for resale 1,127,774 - 1,127,774 - - Capital assets: Non-depreciable capital assets 43,190,937 8,919,791 52,110,728 25,674,467 - Depreciable capital assets, net 96,508,060 92,161,218 188,669,278 3,285,485 - Total Assets 190,957,147 161,243,107 352,200,254 38,311,406 78,139 LIABILITIES Accounts payable and accrued expenses 2,789,512 725,192 3,514,704 428,665 5,098 Contracts payable and retainages - 646,553 646,553 24,724 - Deposits 181,174 1,078,388 1,259,562 15,904 - Unearned revenue 2,689,142 120,106 2,809,248 6,154 - Accrued interest on long-term debt 306,941 - 306,941 - - Due to component units 50,000 - 50,000 - - Due to primary government - - - 623,625 - Payable from restricted assets - 5,656,280 5,656,280 - - Net OPEB obligation 1,355,927 300,792 1,656,719 - - Noncurrent liabilities: Due within one year 5,788,961 3,045,221 8,834,182 1,764,752 - Due in more than one year 66,252,906 32,341,588 98,594,494 9,510,000 - Total Liabilities 79,414,563 43,914,120 123,328,683 12,373,824 5,098 NET ASSETS In vested in capital assets, net of related debt 78,779,535 74,942,051 153,721,586 17,688,421 - Restricted for: Debt service 505,430 2,477,419 2,982,849 - - Capital projects 5,716,280 1,612,502 7,328,782 - - Specific purposes 298,655 - 298,655 - - Unrestricted 26,242,684 38,297,015 64,539,699 8,249,161 73,041 Total Net Assets 111,542,584 $ 117,328,987 $ 228,871,571 $ 25,937,582 $ 73,041 $ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF NET ASSETS September 30, 2011 Prim ary Government Component Units 17 Net (Expense) Revenue and Changes in Net Assets Community Downtown Operating Capital Redevelopment Development Charges for Grants and Grants and Governmental Business-type Agency Authority PRIMARY GOVERNMENT Expenses Services Contributions Contributions Activities Activities Total (CRA)(DDA) Governmental Activities: General Government 18,350,964 $ 3,623,718 $ 2,529,998 $ 414,403 $ (11,782,845)$ -$ (11,782,845)$ $ $ Public Safety 56,586,070 7,022,063 1,844,661 - (47,719,346) - (47,719,346) Physical Environment 7,559,512 1,419,279 - 18,424 (6,121,809) - (6,121,809) Parks and Recreation 15,647,602 1,726,011 466,706 - (13,454,885) - (13,454,885) In terest on Long-term Debt 2,701,776 - - - (2,701,776) - (2,701,776) Total Governm ental Activities 100,845,924 13,791,071 4,841,365 432,827 (81,780,661) - (81,780,661) Business-type Activities: Water and Sewer 29,558,007 31,962,663 511,829 713,526 - 3,630,011 3,630,011 Municipal Golf Course 2,976,846 2,820,197 51,769 2,762 - (102,118) (102,118) La keview Golf Course 676,158 666,591 5,855 - - (3,712) (3,712) City Marina 136,955 209,145 1,628 - - 73,818 73,818 Sanitation 4,293,784 4,739,150 322,010 - - 767,376 767,376 Stormwater Utility 1,677,612 2,112,375 12,757 72,644 - 520,164 520,164 Total Business-type Activities 39,319,362 42,510,121 905,848 788,932 - 4,885,539 4,885,539 Total Prim ary Governm ent 140,165,286 $ 56,301,192 $ 5,747,213 $ 1,221,759 $ (81,780,661)4,885,539 (76,895,122) COMPONENT UNITS Community Redevelopment Agency (CRA)8,759,442 $ 301,643 $ 169,908 $ -$ (8,287,891) - Downtown Development Authority (DDA)526,980 - - - - (526,980) Total Com ponent Units 9,286,422 $ 301,643 $ 169,908 $ -$ (8,287,891) (526,980) General Revenues: Taxes: Property Taxes 47,467,480 - 47,467,480 10,645,402 449,112 Franchise Fees 4,857,533 - 4,857,533 - - Utility Service Taxes 8,777,975 - 8,777,975 - - Sales Taxes 1,293,963 - 1,293,963 - - Local Business Tax 702,394 - 702,394 - - In tergovernmental not restricted to specific programs 5,983,120 - 5,983,120 - - In vestment earnings 306,887 29,609 336,496 19,978 1,576 Miscellaneous 7,022,162 - 7,022,162 - 69,300 Transfers 3,711,820 (3,711,820) - - - Total General Revenues and Transfers 80,123,334 (3,682,211) 76,441,123 10,665,380 519,988 Change in Net Assets (1,657,327) 1,203,328 (453,999) 2,377,489 (6,992) Net Assets - October 1, 2010 113,199,911 116,125,659 229,325,570 23,560,093 80,033 Net Assets - September 30, 2011 111,542,584 $ 117,328,987 $ 228,871,571 $ 25,937,582 $ 73,041 $ The notes to the financial statements are an integral part of this statement. Prim ary Governm ent Program Revenues CITY OF DELRAY BEACH, FLORIDA STATEMENT OF ACTIVITIES For the Fiscal Year Ended September 30, 2011 Component Units 18 Major Fund Non-Major Total General GovernmentalGovernmental Fund Funds Funds ASSETS Cash and cash equivalents 38,348,527 $ 54,650 $ 38,403,177 $ Investments 15,000,000 - 15,000,000 Accounts receivable, net 1,645,796 43,222 1,689,018 Notes receivable 3,347,828 1,726,988 5,074,816 Interest receivable 1,041,048 - 1,041,048 Due from other governments 758,660 1,457,163 2,215,823 Due from other funds - 10,501,909 10,501,909 Inventory 27,178 - 27,178 Prepaid items 719,973 289 720,262 Due from component units 481,222 142,403 623,625 Assets held for resale - 1,127,774 1,127,774 Total Assets 61,370,232 $ 15,054,398 $ 76,424,630 $ LIABILITIES AND FUND BALANCES LIABILITIES Accounts payable and accrued items 1,146,839 $ 680,415 $ 1,827,254 $ Deposits 181,174 - 181,174 Due to other funds 35,204,769 329,588 35,534,357 Deferred revenue 2,085,395 2,022,161 4,107,556 Due to component units - 50,000 50,000 Total Liabilities 38,618,177 3,082,164 41,700,341 FUND BALANCES Nonspendable: Inventory 27,178 - 27,178 Prepaid items 719,973 289 720,262 Long-term notes receivable 3,165,084 1,726,988 4,892,072 Restricted for: Debt service - 505,430 505,430 Law enforcement - 298,655 298,655 Capital projects 5,984 - 5,984 Assigned to: Special purposes 151,013 - 151,013 Capital Projects Funds - 5,716,280 5,716,280 Special Revenue Funds - 4,364,956 4,364,956 Unassigned: General Fund 18,682,823 - 18,682,823 Special Revenue Funds (deficit)- (640,364) (640,364) Total Fund Balances 22,752,055 11,972,234 34,724,289 Total Liabilities and Fund Balances 61,370,232 $ 15,054,398 $ 76,424,630 $ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA BALANCE SHEET GO VERNMENTAL F UNDS September 30, 2011 19 Total Fund Balances - Governmental Funds 34,724,289 $ Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and therefore, are not reported in the funds. Capital assets 217,009,987 $ Less accumulated depreciation (85,001,319) 132,008,668 Other long-term assets are not available to pay for current period expenditures and, therefore, are deferred in the funds. Interest receivable 1,003,373 Rent receivable 100,000 Long-term receivables 315,041 1,418,414 Net pension assets of defined benefit pension plans are reported in the statement of net assets. Because the net pension asset does not represent available, spendable resources, it is not reported in governmental funds.133,794 Premiums, discounts, gains and losses on refundings are reported as "Other Financing Sources and Uses" and bond issuance costs are charged to expenditures when debt is issued in the governmental funds. These items, however, are deferred and amortized over the life of the bonds in the government-wide statements. Bond issuance costs 459,156 Loss on refunding 228,534 Bond premium (856,320) (168,630) Long-term liabilities, including bonds payable, are not due and payable in the current period and therefore, are not reported in the funds. Accrued interest payable (306,941) Bonds and installment agreements payable (60,291,676) Compensated absences (7,004,193) Net OPEB obligation (1,317,426) (68,920,236) Internal service funds are used by management to charge the costs of fleet management and insurance to individual funds. The net assets of the internal service funds are included in governmental activities in the statement of net assets. Net assets 13,578,531 Less amount allocated to business-type activities (1,232,246) 12,346,285 Total Net Assets - Governmental Activities 111,542,584 $ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA RECONCILIATION OF THE G OVERNMENTAL F UNDS BALANCE SHEET TO THE STATEMENT OF NET ASSETS September 30, 2011 20 Major Fund Non-Major Total General GovernmentalGovernmental Fund Funds Funds REVENUES Taxes 58,241,812 $ -$ 58,241,812 $ Licenses and permits 7,957,960 - 7,957,960 Intergovernmental 7,802,879 3,021,606 10,824,485 Charges for services 8,857,080 561,491 9,418,571 Fines and forfeitures 1,072,260 199,813 1,272,073 Miscellaneous 5,829,401 1,455,697 7,285,098 Total Revenues 89,761,392 5,238,607 94,999,999 EXPENDITURES Current: General government 15,379,327 2,469,048 17,848,375 Public safety 54,105,663 989,644 55,095,307 Phy sical environment 3,811,954 1,037,897 4,849,851 Parks and recreation 12,055,056 819,323 12,874,379 Capital outlay 184,748 4,573,340 4,758,088 Debt service: Principal retirement 3,466,375 23,985 3,490,360 Interest and fiscal charges 1,546,191 1,177,672 2,723,863 Total Expenditures 90,549,314 11,090,909 101,640,223 Excess of revenues over (under) expenditures (787,922) (5,852,302) (6,640,224) OTHER FINANCING SOURCES (USES) Proceeds from sale of capital assets 1,903 - 1,903 Transfers in 3,720,390 4,262,734 7,983,124 Transfers out (4,243,894) (27,410) (4,271,304) Total Other Financing Sources (Uses)(521,601) 4,235,324 3,713,723 Net change in fund balances (1,309,523) (1,616,978) (2,926,501) Fund balances - October 1, 2010 24,061,57813,589,212 37,650,790 Fund balances - September 30, 2011 22,752,055 $ 11,972,234 $ 34,724,289 $ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANG ES IN F UND BALANCES GO VERNMENTAL F UNDS For the Fiscal Year Ended September 30, 2011 21 Net Change in Fund Balances - Total Governmental Funds (2,926,501)$ Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. Depreciation expense and capital outlays in the current period were as follows. Capital outlays 4,758,088 $ Depreciation expense (7,267,950) (2,509,862) In the statement of activities, only the gain or loss on the sale of capital assets is reported, whereas in the governmental funds the proceeds from the sale increases financial resources. The change in net assets differs from the change in fund balance by the net book value of the assets retired. (58,476) Some revenues reported in the statement of activities do not generate current financial resources and are therefore not reported as revenue by the funds. Donations of capital assets 380,505 Change in long-term receivables (10,142) 370,363 Some expenses reported in the statement of activities are not reported in the funds because they have no effect on current financial resources Change in net pension asset 75,382 Change in net OPEB obligation (500,265) Compensated absences 338,335 Change in accrued interest payable 32,837 (53,711) Debt issued provides current financial resources to governmental funds, but issuing debt increases long-term liabilities in the statement of net assets. G overnmental funds report the effect of issue costs, premium, discount and similar items when debt is issued, whereas these amounts are deferred and amortized in the statement of activities. Debt Retirement and Issue Costs Principal paid 3,490,360 Amortization of bond issuance costs (50,670) Amortization of debt costs 39,920 3,479,610 Internal service funds are used by management to charge the costs of fleet maintenance and insurance to individual funds. The net revenue of internal service funds is reported with governmental activities. Fund statement net income 4,666 Less allocation to business type activities 36,584 41,250 Change in Net Assets of Governmental Activities (1,657,327)$ The notes to the financial statements are an integral part of this statement. For the Fiscal Year Ended September 30, 2011 CITY OF DELRAY BEACH, FLORIDA RECONCILIATION OF THE G OVERNMENTAL F UNDS STATEMENT OF REVENUES, EXPENDITURES, AND CHANG ES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES 22 Total Governmental Business-TypeActivities - Major Fund Non-Major Activities-Internal Water and EnterpriseEnterprise Service ASSETS Sewer Fund FundsFundsFunds Current Assets: Cash and cash equivalents 133,911 $ 21,791 $ 155,702 $ 1,741,351 $ Investments - - - 1,500,000 Accounts receivable, net 2,156,429 971,666 3,128,095 28,851 Unbilled accounts receivable 1,052,928 - 1,052,928 - Due from other funds 12,779,569 6,914,543 19,694,112 7,294,592 Inventories 231,683 93,757 325,440 49,727 Prepaid expenses - 74,483 74,483 392,652 Restricted assets: Cash and cash equivalents 6,649,537 619,245 7,268,782 - Total Current Assets 23,004,057 8,695,485 31,699,542 11,007,173 Noncurrent Assets: Property, land and equipment: Land 974,754 4,694,070 5,668,824 - Buildings 9,307,872 4,354,983 13,662,855 88,185 Improvements other than buildings 142,603,609 15,675,652 158,279,261 - Equipment 11,288,750 2,871,007 14,159,757 18,912,084 Construction in progress 3,048,205 202,762 3,250,967 569,887 Accumulated depreciation (83,761,948) (10,178,707) (93,940,655) (11,879,827) Other assets: Bond issue costs, net 24,172 41,433 65,605 - Investment in regional plant joint venture 29,120,961 - 29,120,961 - Total Noncurrent Assets 112,606,375 17,661,200 130,267,575 7,690,329 Total Assets 135,610,432 26,356,685 161,967,117 18,697,502 LIABILITIES Current Liabilities: Accounts payable and accrued expenses 273,271 451,921 725,192 962,258 Contracts payable and retainages 646,553 - 646,553 - Unearned revenue 71,013 49,093 120,106 - Accrued interest on capital appreciation bonds 2,899,264 - 2,899,264 Current maturities of installment agreements - 33,372 33,372 - Current maturities of revenue bonds 82,930 - 82,930 - Compensated absences payable 29,655 - 29,655 1,270 Insurance claims payable - - - 1,471,930 Due to other funds - 1,956,256 1,956,256 - Refundable deposits 949,273 129,115 1,078,388 - 4,951,959 2,619,757 7,571,716 2,435,458 Current Liabilities Payable from Restricted Assets: Accrued interest on long-term debt 3,121,298 57,563 3,178,861 - Current maturities of revenue bonds 1,915,737 561,682 2,477,419 - 5,037,035 619,245 5,656,280 - Total Current Liabilities 9,988,994 3,239,002 13,227,996 2,435,458 Noncurrent Liabilities: Net other postemployment benefits obligation 276,729 24,063 300,792 38,501 Lo ng-term portion of compensated absences payable 871,807 51,648 923,455 120,031 Lo ng term portion of insurance claims payable - - - 2,524,981 Accrued interest on capital appreciation bonds 7,789,966 - 7,789,966 - Revenue bonds payable, net 20,259,775 3,336,982 23,596,757 - Installment agreements - 31,410 31,410 - Total Noncurrent Liabilties 29,198,277 3,444,103 32,642,380 2,683,513 Total Liabilities 39,187,271 6,683,105 45,870,376 5,118,971 NET ASSETS Invested in capital assets, net of related debt 61,285,730 13,656,321 74,942,051 7,690,329 Restricted for: Debt service 1,915,737 561,682 2,477,419 - Renewal and replacement 1,612,502 - 1,612,502 - Unrestricted 31,609,192 5,455,577 37,064,769 5,888,202 Total Net Assets 96,423,161 $ 19,673,580 $ 116,096,741 13,578,531 $ Adjustments to reflect the consolidation of internal service fund activities related to enterprise funds Cummulative prior year adjustments 1,268,830 Current year adjustment (36,584) Net Assets of Business-Type Activities, Statement of Net Assets 117,328,987 $ The notes to the financial statements are an integral part of this statement CI TY OF DELRAY BEACH, FLORIDA STATEMENT OF NET ASSETS PROPRIETARY FUNDS September 30, 2011 23 Major Fund Total Governmental Water Business-Type Activities - and Non-Major Activities-Internal Sewer Enterprise Enterprise Service Fund Funds Funds Funds OPERATING REVENUES Charges for services 31,962,663 $ 10,547,458 $ 42,510,121 $ 14,894,236 $ Other operating revenue 511,829 236,075 747,904 2,435,523 Total Operating Revenues 32,474,492 10,783,533 43,258,025 17,329,759 OPERATING EXPENSES Personal services 7,612,548 860,369 8,472,917 1,193,703 Other operating expenses 11,600,605 7,874,337 19,474,942 14,556,632 Depreciation 3,448,186 799,802 4,247,988 1,794,622 Total Operating Expenses 22,661,339 9,534,508 32,195,847 17,544,957 Operating Income (Loss)9,813,153 1,249,025 11,062,178 (215,198) NONOPERATING REVENUES (EXPENSES) Interest revenue 21,388 8,221 29,609 17,020 Rent revenue - 157,944 157,944 - Share of regional plant joint venture net loss (1,997,357) - (1,997,357) - Insurance recoveries - - - 37,073 Interest expense (4,545,317) (221,957) (4,767,274) - Ga in (loss) on disposal of equipment (321,714) (586) (322,300) 113,449 Total Nonoperating Revenues (Expenses) (6,843,000) (56,378) (6,899,378) 167,542 Income (Loss) Before Capital Contributions and Transfers 2,970,153 1,192,647 4,162,800 (47,656) Capital contributions 713,526 75,406 788,932 52,322 Transfers in 97,000 - 97,000 - Transfers out (3,380,810) (428,010) (3,808,820) - Change In Net Assets 399,869 840,043 1,239,912 4,666 Net Assets - October 1, 2010 96,023,292 18,833,537 114,856,829 13,573,865 Net Assets - September 30, 2011 96,423,161 $ 19,673,580 $ 116,096,741 13,578,531 $ Adjustments to reflect the consolidation of internal service fund activities related to enterprise funds Cumulative prior year adjustments 1,268,830 Current year adjustment (36,584) Net Assets of Business-Type Activities, Statement of Net Assets 117,328,987 $ Reconciliation of Change in Net Assets to the Statement of Activities Change In Net Assets as reported above 1,239,912 $ Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds Current year adjustment (36,584) Change In Net Assets as reported on the Statement of Activities for Business-type Activities 1,203,328 $ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES AND CHANG ES IN NET ASSETS PROPRIETARY F UNDS For the Fiscal Year Ended September 30, 2011 24 Major Fund Total Governmental Water Business-TypeActivities - and Non-Major Activities-Internal Sewer EnterpriseEnterprise Service Fund Funds Funds Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users 29,997,726 $ 10,510,729 $ 40,508,455 $ 18,528,126 $ Receipts from others 511,829 157,944 669,773 37,073 Payments to suppliers (12,099,535) (8,229,175) (20,328,710) (15,510,930) Payments to employees (7,418,564) (847,494) (8,266,058) (1,169,801) Net cash provided by operating activities 10,991,456 1,592,004 12,583,460 1,884,468 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 97,000 - 97,000 - Transfers to other funds (3,380,810) (428,010) (3,808,820) - Net cash used in noncapital financing activities (3,283,810) (428,010) (3,711,820) - CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets (3,024,164) (396,416) (3,420,580) (1,982,326) Proceeds from the sale of capital assets 873 8,936 9,809 134,416 Capital contributions 713,526 - 713,526 - Bond proceeds 5,430,000 - 5,430,000 - Payment to escrow agent for advance refunding (5,989,579) - (5,989,579) - Principal paid on capital debt (4,923,515) (577,594) (5,501,109) - Interest paid on capital debt (1,027,048) (195,958) (1,223,006) - Net cash used in capital and related financing activities (8,819,907) (1,161,032) (9,980,939) (1,847,910) CASH FLOWS FROM INVESTING ACTIVITY Interest received 21,388 8,221 29,609 17,023 Net cash provided by investing activity 21,388 8,221 29,609 17,023 Net change in cash and cash equivalents (1,090,873) 11,183 (1,079,690) 53,581 Cash and cash equivalents - October 1, 2010 7,874,321 629,853 8,504,174 1,687,770 Cash and cash equivalents - September 30, 2011 6,783,448 $ 641,036 $ 7,424,484 $ 1,741,351 $ Reconciliation of cash and cash equivalents to balance sheet: Unrestricted cash and cash equivalents 133,911 $ 21,791 $ 155,702 $ 1,741,351 $ Restricted cash and cash equivalents 6,649,537 619,245 7,268,782 - Cash and cash equivalents - September 30, 2011 6,783,448 $ 641,036 $ 7,424,484 $ 1,741,351 $ Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss)9,813,153 $ 1,249,025 11,062,178 $ (215,198)$ Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation expense 3,448,186 799,802 4,247,988 1,794,622 Provision for doubtful accounts 220,407 - 220,407 - Miscellaneous revenue - 157,944 157,944 37,073 Change in assets and liabilities: Accounts receivable 156,382 68,093 224,475 (737) Due from other funds (2,308,198) (6,914,543) (9,222,741) 1,199,104 Inventory (15,251) 9,050 (6,201) (798) Prepaid expenses 10,900 (6,240) 4,660 (371,101) Accounts payable and accrued expenses (494,579) (362,970) (857,549) (314,091) Unearned revenue 7,500 (6,030) 1,470 - Compensated absences payable 86,918 3,565 90,483 9,006 Net OPEB obligation 107,066 9,310 116,376 14,896 Insurance claims payable - - - (268,308) Due to other funds - 6,576,053 6,576,053 - Refundable deposits (41,028) 8,945 (32,083) - Total adjustments 1,178,303 342,979 1,521,282 2,099,666 Net cash provided by operating activities 10,991,456 $ 1,592,004 $ 12,583,460 $ 1,884,468 $ NON-CASH CAPITAL AND RELATED FINANCING ACTIVITIES Amortization of bond premiums -$ (9,834)$ (9,834)$ -$ Amortization of debt issue costs 12,079 $ 8,722 $ 20,801 $ -$ Amortization of deferred loss on refundings -$ 33,849 $ 33,849 $ -$ Capital contributions -$ 75,406 $ 75,406 $ 52,322 $ The notes to the financial statements are an integral part of this statement CITY OF DELRAY BEACH, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS For the Fiscal Year Ended September 30, 2011 25 Pension Trust Funds ASSETS Cash and cash equivalents $ 2,919,335 Investments: U.S. G overnment securities and mutual funds 2,966,260 U.S. G overnment agency securities 7,403,586 Municipal obligations 253,251 Domestic fixed income investment fund 5,480,664 Corporate bonds and mutual funds 17,184,563 Equity securities and mutual funds 57,510,972 Alternative investments 93,158,713 DROP particpant directed mutual funds 11,918,742 Due from broker for securities sold 5,558 Employee contributions receivable 119,026 Due from other governments 291,641 Prepaid expenses 300,039 Interest and dividends receivable 307,577 Total Assets 199,819,927 LIABILITIES Accounts payable 183,076 Due to broker for securities purchased 129,172 Total Liabilities 312,248 NET ASSETS Held in trust for pension benefits $ 199,507,679 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF FIDUCIARY NET ASSETS FID UCIARY F UNDS September 30, 2011 26 Pension Trust Funds ADDITIONS Contributions Employer $ 10,312,438 State 1,614,377 Plan members 1,978,147 Total contributions 13,904,962 Investment earnings Net depreciation in fair value of investments (392,741) Interest and dividends 3,233,522 2,840,781 Less investment expenses - custodian fees 634,032 Net investment earnings 2,206,749 Other income 150,331 Total additions 16,262,042 DEDUCTIONS Benefits 12,681,575 Refunds of contributions 106,755 Other operating expenses 362,425 Total deductions 13,150,755 Change In Net Assets 3,111,287 Net Assets - October 1, 2010 196,396,392 Net Assets - September 30, 2011 $ 199,507,679 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF CHANG ES IN F IDUCIARY NET ASSETS FID UCIARY F UNDS For the Fiscal Year Ended September 30, 2011 27 City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 28 1. Financial Reporting Entity In conformance with the pronouncements of the Governmental Accounting Standards Board (GASB), the financial reporting entity of th e City of Delray Beach, Florida (the “City ”),includes the primary government and all organizat ions for which the prim ary g overnment is financially accountable. The City was established pursuant to Section 12677, Laws of Florida, 1927. Financial accountability was determined based on the City ’s ability to impose its will on an organization or the po tential of the organization to provide specific financial benefits to or impose specific financial burdens on the City. Discretely Presented Component Units As defined by U .S. generally accepted accounting principles, the financial reporting entity consi sts of (a) the primary government, (b) organizations for which the prim ary g overnment is financially accountable, and (c) other organizations for which the prim ary g overnment is not accountable, but for which the nature and significance of their relationsh ip with the primary government are such that exclusion wo uld cause the reporting entity ’s financial statements to be misleading or incomplete. Tw o dependent special districts of the City, created pursuant to Florida Statutes, have been included in the rep orting entity as discretely presented component units. The districts are the Delray Beach Community Redevelopment Agency (CRA) and the Delray Beach Downtown Development Authority (DDA). Both of these entities are considered component units, as the City app oints the governing board of each, and has the ability to remove members of the board at w ill. The CRA is a dependent special district established by t he City under authority granted by Florida Statute 163, Section III. The purpose of the CRA is to prom o te and guide the physical and econom ic redevelopment of approximately 1,900 acres in the center of the City. The CRA is a legally separate entity established by Ordinance number 46 -85 of the Delray Beach City Commission on Ju ne 18, 1985. The CRA is governe d by a seven me mber Board of Commissioners appointed by the Delray Beach City Commission. The DDA wa s created after the City petitioned the State of Florida. An Act allowing the DDA became law on March 22, 1971. The original boundary of the DDA was establ ished by S ection 3, Chapter 71 -604 Laws of Florida 1971. The expanded boundary was established by C hapter 94 -476 Law s of F lorida effective May 1 3, 1994. The purpose of the DDA is to promote and guide the econom ic development and im provement of the downtown area of the City. The governing body of the DDA is appointed by t he Delray Beach City Commission. In addition, the City approves the DDA ’s budget. Except as otherwise indicated, the notes to the financial statem ents pertain only to the prim ary government of t he City. The separate financial statements of the CRA and the DDA can be obtained directly from the respective entities. Joint Venture The South Central Regional Wastew ater Treatment and Disposal Board (the “Board ”) is reported as a joint venture ac counted for using the equity method as discussed in Note 10. The Board is an independent special district created by the Cities of Delray Beach and Boynton Beach, who se C ity C om missions comprise the Board ’s governing body. Control and oversight are exercis ed equally by both cities represented on the Board. The separate financial statements of the Board can be obtained directly from the finance department of the Board. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 29 2. Significant Accounting Policies The City maintains its accounting records in acc ordance with the principles and policies applicable to governmental units set forth by the GASB as w ell as U.S. generally accepted accounting principles (GAAP) as promulgated by the American Institute of Certified Public Accountants and the Financial Accou nting Standards Board (FASB). The City does not apply FASB statements and interpretations issued after November 30, 1989 to its business -ty pe activities and enterprise funds. Following is a summary of the significant accounting policies of the City: Gover nment -Wide and Fund Financial Statem ents The government -w ide financial statements (the statement of net assets and the statement of activities) report information on all of t he non -fiduciary activities of the City. For the most part, the effect of interfu nd activity has been rem oved from these statements. Governmental activities , which norm ally a re supported by taxes and intergovernmental revenues, are reported separately from business -type activities , which rely to a significant extent on fees and charges for support. The statement of activities dem onstrates the degree to which the direct expenses of a given function are of fset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include (1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function and (2) grants and contributions that are restricted to meeting the operational or capital requirements of a parti cular function. Taxes and other items not properly included amo ng program revenues are reported instead as general revenues . The City d oes not allocate indirect costs;however, an administrative service fee is charged by t he General Fund to other operating funds that is eliminated like a reim bursement (reducing revenue and expense in the General Fund) to recover the direct costs of General Fund services provided (such as finance, legal, human resources, information systems, etc.). Separate financial statem ents are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government -wide financial statements. Major individual governmental and enterprise funds are reported as separate columns in the fund financial statements. Me asurem ent Focus, Basis of Accounting and Financial Statem ent Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting , a s are the pr oprietary and fiduciary fund financial statements. Revenues are recognized when earned and expenses are recognized when incurred, regardless of the timing of cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grant s and similar items are recognized as revenue as soon as all eligibility requirements imposed by t he provider have been met. The proprietary fund financial statements distinguish operating revenues and expenses from nonoperating items. Operating revenue sand expenses generally result from providing services and producing and delivering services. The principal operating revenues are charges to customers for sales and services. Operating expenses include the cost of sales and services, administration, and dep reciation. Other revenues and expenses are considered nonoperating revenues and expenses . Water and sew er and other proprietary fund revenues are recognized as earned when the services are provided. Governmental fund financial statements are reported usin g the current financial resources measurement focus and the modified accrual basis of accounting.Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available whe n they are collectible within the curren t period or soon enough thereafter to pay liabilities of the current period. Ad valorem taxes and charges for services are susceptible to accrual when collected in the current year or within 60 day s subsequent to year end, provided that amo unts received pe rtain to billings through the fiscal year just ended. Intergovernmental revenue and utility service taxes are recorded in accordance with their legal or contractual requirements if collected in the current period or within 30 days after year end, except fo r grant revenue, which is recorded when the related expenditure s /expenses are incurred and the eligibility requirements have been met . Interest is recorded when earned. Licenses and perm its, fines and Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 30 2. Significant Accounting Policies (Continued ) forfeit ures and m iscellaneous revenue are recorded as revenue when received in cash, because they are generally not measurable until actually received. Other Revenue s -Emergency medical transport services provided by t he City are billed and recorded at the tim e services are rendered. Other material revenue s which are susceptible to accrual include franchise taxes, state revenue sharing and other state shared revenue. Revenue s which are not both available and me asurable and are thus not susceptible to accrual in clude utility taxes, permits and occupational licenses. Business taxes collected in advance of periods to which they relate are recorded as unearned revenue. Expenditures are recognized in the accounting period in which the fund liability is incurred, if measurable, except that principal and interest on long -term obligations are reported only when due in conformity with GAAP. The City reports the fo llowing m ajor governmental fund : General Fund -The General Fund is the general operating fund of the City.All general tax revenue and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. The general operating expenditures, fixed charges and capital improvement costs that are not paid through other funds are paid from the General Fund. The City reports the following major proprietary fund: Water and Sewer Fund -This fund is used to account for water and sew er services provided by the City to residents and other users. Additionally, the City re ports the following fund types: Internal Service Funds -These funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the City, or to other governmental units, on a cost re im bursement basis, including insurance services and the operation of the central garage. Pension Trust Funds -The Pension Trust funds account for the accumulation of resources to be used for the retirement annuities of employees, police o fficers and fire fighters . Cash, Cash Equivalents and Investments Cash, cash equivalents and investments consist of restricted and unrestricted cash deposits, time deposits, institutional mo ney market mutual fund shares and Florida PRIME (formerly known as the Local Gov ernment Investment Poolor LGIP). Investments are stated at fair value. For purposes of the statement of cash flows, the City considers all highly liquid investments (including restricted assets) with a maturity of three mo nths or less when purchased to b e cash equivalents. Accounts Receivable Accounts receivable represent am ounts due for various City s ervices and utilities, provided primarily to local businesses and residents. Accounts receivable are reported net of an allowance for doubtful accounts de term ined based on the age of the individual receivable and historical collection trends. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. An allowance for doubtful accounts has been provided for thos e accounts where collectability appears to be doubtful.The City does not require collateral from its customers, except for the Water and Sewer Fund, which requires deposits for services. The City ma intains an allow ance for doubtful accounts at a level whi ch m anagem ent believes is sufficient to cover potential credit losses. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 31 2. Significant Accounting Policies (Continued ) Unbilled Service Receivables Within the enterprise funds, the Water and Sewer Fund recognizes revenue on the basis of mo nthly cy cle bi llings to customers for services provided. As a result of this cycle billing method, there are unbilled receivables at the end of each fiscal year with respect to services provided, but not billed at such date. It is the policy of t he City to accrue these amounts at year -end. The other enterprise funds do not have unbilled receivables at year -end. Inventories Inventories consist of m aterials, supplies and goods held for sale and are carrie d at cost on the average cost basis. General Fund in ventories are a ccounted for using the consumption method whereby inventories are recorded as expenditures in the period when used. Prepaid Items/Expenses Payments for insurance premiums and other adm inistrative expenditures/expenses extending over mo re than one account ing period are accounted for as prepaid items/expenses and allocated betw een accounting periods. Intra -Entity Transactions I ntra -entity transaction s consist of transactions and balances betw een the prim ary government and it ’s discretely presented compone nt units and are separately reported from interfund balances. Current maturities of long -term intra -entity transactions are reported separately as due to and due from the respective entities. Interfund Transactions Transactions among funds during the yea r are described as follow s: Interfund services provided and used -Transactions wh ich are revenue s to the recipient fund and expenditures /expenses to the disbursing fund. These are transactions which would otherwise be recorded as revenue s or expenditures /expenses if they were conducted with organizations external to the City. Reimbursements -These transactions are reimbursements of a fund for the disbursement of monies initially made from it, which are properly applicable to another fund. Such reim burs ements are recorded as an expenditure or expense in the reimbursing fund and as reductions of the interfund receivable in the fund that is reimbursed. Transfers -Transfers which, because of budgetary or legal restrictions, must be expended by funds other than the fund initially receiving the revenue. These transfers are recorded as transfers in (out). Internal balances -Amo unts reported in the fund financial statements as interfund receivables and payables are eliminated in the government -wide governme ntal and business -type activities columns of t he statement of net assets, except for the residual amount s , which are presented as internal balances. Assets Held for Resale Assets held for resale represent residential properties purchased by the City p urs uant to its Neighborhoo d Stabilization Program (NSP). The intent of t he City is to rehabilitate and resell the properties to low i ncome residents. The properties are reported at the low er of cost or estimated net realizable value. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 32 2. Significant Accounti ng Policies (Continued) C apital Assets Capital asset acquisitions are recorded as expenditures in the governmental fund financial statements. Such assets are capitalized at historical cost in the government -wide financial statements for both governmental activities and business-type activities. In the case of g ifts or contributions, such assets are recorded at fair value at the date of receipt. Capital costs which materially extend the useful life of existing properties are capitalized. Capital assets are defined as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. Interest is capitalized on projects during the construction period based upon average accumulated project expenditures. Infrastructu re assets (such as roads, bridges, curbs and gutters, streets and sidew alks, lighting and drainage systems and similar assets that are immovable and of value only to the City) are capitalized and reported in the Improvements Other Than Buildings category. Depreciation of capital assets is provided on the straight -line basis over the assets ’estimated useful lives. Amortization of assets recorded under capital leases is recorded with depreciation expense. Estimated useful lives assigned to various categor ies of assets are as follows: Buildings 20 –40 years Im provements other than b uildings 10 –30 years Machinery and equipment 4 –15 years Automotive equipment 4 –8 years Office equipment 5 years Water meters 30 years Pum ping equipment 15 –20 year s Wells and springs 10 years Sewer system 60 years Water distribution system 50 years Bond Issue Costs, Premiums, Discounts, and Deferred Amounts on Refunding In the government -wide financial statements and the enterprise funds, expenses incurred in connection with the issuance of l ong -term debt, as well as bond discounts, premiums and deferred am ounts on refunding, are deferred and am ortized over the term of the related financing using a method that approximates the effective interest method. For gov ernmental funds, these costs are considered to be period costs. Unearned/Deferred Revenue Unearned revenue in the Governmental Activities and deferred revenue in the Governmental Funds includes am ounts received in advance for business licenses, grants an d long -term r eceivables for various housing assistance programs provided by the City . Unearned revenue in the Business -ty pe Activities and Proprietary Funds is composed of advance utility payments from customers and other amounts received in advance of th e related services being provided by the City . Compensated Absences The City accrues com pensated absences in accordance wi th GASB Statement No. 16, Accounting for Compensated Absences, and has elected the term ination payment method of accounting for sick leave. Com pensated absences are accrued when incurred in the government -wide and proprietary fund financial statements. A liability for these am ounts is reported in the governmental fund financial statements only if they have matured, for example, as a re sult of employee resignations and retirements. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 33 2. Significant Accounting Policies (Continued) The City’s policy regarding the accumulation of compensated absences is summarized as follow s: Vacation Leave -Employees become eligible to use accrued vacati on after one year of continuous service and may then use vacation as it is earned. The maximum vacation days allow ed to be accumulated is 18, 24 -hour days for fire department personnel and 36 days for all other full -time personnel. Vacation hours are earne d at the following monthly rates: Years of Continuous Service Fire Departm ent Other Personnel 0 –3 years 12.00/month 8.00/month 3 –7 years 14.00/month 9.33/month 7 –11 years 16.00/month10.66/month Thereafter 18.00/month 12.00/m onth Upon term ination in good standing, em ploy ees are com pensated for all accrued vacation leave at their pay rate on the date of termination. Sick Leave -Employ ees earn hours of s ick leave per month based on their scheduled work hours; 8 hours per mo n th for 40 -hour work week em ploy ees and 9.6 hours per mo nth for 48 -hour wo rk we ek employ ees. If an employ ee retires with 20 years or mo re of service, sick leave is paid up to a maximum of 1,120 hours for general employees and police or 1,344 hours for 48 -ho ur w ork week firefighter em ployees. Upon retirement with less than 20 years of service or resignation, employ ees are com pensated for unused sick leave at their pay rate on the date of t ermination ,up to 560 hours (70 days) for general em ploy ees and polic e and 672 hours (84 days) for firefighters according to the following vesting schedule: Years of Service Percent Vested 0 –5 years 0% 5 –10 years 25 10 –15 years 50 15 –20 years 75 Fund Balance/Net Assets Fund Balance Chan ge in Accounting -The GASB issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions , which establishes accounting and financial reporting requirements for all governmental funds and establishes criteria for classifying fund b alances. The City implemented Statement No. 54 for the fiscal year ended September 30, 2011 . Nature and Purpose of Fund Equity Classifications -In the fund financial statements, governmental funds report fund equity classifications that com prise a hiera rchy based primarily on the extent to which the City is legally bound to honor the specific purposes for which amounts in fund balance ma y be spent. The fund balance classifications are summarized as follows: Nonspendable -Nonspendable fund balances inc lude am ounts that cannot be spent because they are either 1) not in spendable form; or, 2) legally or contractually required to be maintained intact. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 34 2. Significant Accounting Policies (Continued) Restricted -Restricted fund balances include am ounts th at are restricted to specific purposes either by 1) constraints placed on the use of resources by creditors, grantors, contributors, or laws or regulations of other governments; or, 2) imposed by la w through constitutional provisions or enabling legislatio n. Committed -Committed fund balances include am ounts that can only be used for specific purposes pursuant to constra ints imposed by the City Commission th rough an ordinance or resolution. The City had no committed fund balances. Assigned -Assigned fun d balances include amounts tha t are constrained by the City ’s intent to be used for specific purposes but are neither restricted nor committed. Assignments of fund balance are made by City ma nagement bas ed upon direction by the City Commission . Unassigned -Unassigned fund balances include am ounts that are not assigned to other funds and have not been restricted, committed, or assigned to specific purposes within the General Fund. The Cityconsiders restricted fund balances to be spent when an expenditure is incurred for the restricted purpose. The Cityconsiders committed, assigned or unassigned fund balances to be spent when an expenditure is incurred for purposes for which amounts in any of those fund balance classifications could be used. Minimum Fund Balance Policy -Generally, the City s trives to maintain 15% to 25% of expenditures in unassigned fund balance to provide for first quarter cash flow and other emergency purposes. Net Assets Net assets of the government -wide and proprietary funds are c ategorized as invested in capital assets, net of related debt, restricted or unrestricted. Invested in capital assets, net of related debt is that portion of net assets that relates to the City’s capital assets reduced by the portion of the assets that has been acquired through the use of long -term debt. This am ount is offset by any u nspent proceeds that are outstanding at fiscal year -end. Restricted net assets are that portion of net assets that has been restricted for general use by external parties (cre ditors, grantors, contributors, or law s or regulations of o ther governments) or im posed by law through constitutional provisions or enabling legislation. The entity -wide statement of net assets reports governmental activities net assets of $6,520,365 restr icted for debt service, capital projects and other purposes and business -ty pe activities net assets of $4,089,921 restricted for debt service and capital projects . Unrestricted net assets consist of net assets not included in invested in capital assets, n et of related debt or restricted. Property Taxes Ad valorem property taxes are assessed on property valuations as of J anuary 1 and levied the following October . Property taxes are due March 31 and becom e delinquent April 1. These taxes are collected by P alm B each County and rem itted to the City . Revenue is recognized at the time mo nies are received from Palm B each County . At September 30, unpaid delinquent taxes are reflected as a receivable and are offset in full by a n allowance for estimated uncollectib le accounts . Delinquent property taxes must be advertised wi thin 45 days after delinquency, and after May 1 the property is subject to levy , seizure and sale . Delinquent tax certificates are sold on June 1 and become a lien on the property. During 2007 ,t he Florida Legislature passed property tax reform l egislation limiting the property tax levies of local governments in the State of F lorida. Local governments that adopt a property tax levy in excess of t he limit under State law will lose their Half -Cent S ales Tax distribution from the State for the succeeding tw elve mo nths. For the fiscal year ended September 30, 2011 , the maximum tax levy allowed by a majority vote of the governing body i s Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 35 2. Significant Accounti ng Policies (Continued) generally based on a percentage reduction applied to the prior year (2009 /2010 ) property tax revenue. The percentage reduction is calculated base d on the com pound annual growth rate in the per capita property t axes levied for five preceding fiscal years . The State law a llows local governments to adopt a higher millage rate based on the following approval of the governing body: 1) a majority vote to adopt a rate equal to the adjusted current year rolled -back millage rate plus an adjustment for grow th in per capita Florida personal income ; 2) a tw o-thirds vote to adopt a rate equal to the adju sted current year roll back mi llage rate plus 10%; or, 3) a ny millage rate approved by unanimous vote or refere ndum. For the fiscal year ended Septem ber 30, 2011 ,the City adopted a n operating mi llage rate of 7.1900 and a debt service millage of 0.6002 . This millage rate re sulted in a net tax levy o f $4 6,416,830 for 2011 , representing a reduction of approximately 12 %fro m the property tax levy for 2010 . Future property tax grow th is limited to the annual grow th rate of per capita perso n al income plus the value of new construction. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of mo nies are recorded in order to reserve that portion of the applicable appropriation , is employed as an extension of formal budgetary control in the General Fund.Encumbrances outstand ing at year -end of $151,013 are reported as fund balances assigned for special purposes in the General Fund . For budgetary purposes, current year encumbranc es are treated as expenditures and any unencumbered balances lapse at year -end. On -behalf Paym ents The City receives on -behalf payments from the State of Florida to be used for Police and Firefighters pension benefits. Such payments are recorded as inter governmental revenue and public safety expenditures in the GAAP basis government -wide and General Fund financial statements, but are not budgeted and therefore are not included in the General Fund budgetary basis financial statements. On -behalf payments to the City totaled $1,6 14,377 for the fiscal year ended September 30, 2011 . Recent Accounting Pronouncem ents The GASB has issued Statement No. 61, The Financial Reporting Entity: Omnibus -an amendment of GASB Stateme nts 14 and 34 , which mo difies certain requirements for including of com ponent units in the financial reporting entity. The requirements of t his statement will be effective for the City for the fiscal year ending September 30, 2013. GASB Statement No. 62 ,Codification of Accounting and Financial Reporting Guidance Contained in Pre- November 30, 1989 FASB and AICPA Pronouncements , which incorporates into GASB authoritative literature certain accounting and financial reporting guidance included in p ronounceme nt s of t he Financial Accounting Standards Board (FASB) and American Institute of Certified Public Accountants (AICPA). The requirements of this statement will be effective for the City for the fiscal year ending September 30, 2013. GASB Statement No. 63 ,Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position ,provides financial reporting guidance for deferred outflows and deferred inflows of resources, which relate to th e consumption of net assets by t he gov ernment that is applicable to a future reporting period, and an acquisition of net assets by the government that is applicable to a future reporting period, respectively . The requirements of this statement w ill be effective for the City for the fiscal year ending September 30, 2013. Management has not com pleted its analysis of the effects , if any,of th ese GASB statementson the financial statements of the City. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 36 2. Significant Accounting Policies (Continued) Estimates Management uses estimates and as sum ptions in preparing financial statements in accordance wi th GAAP . Those estimates and assumptions affect the reported am ounts of a ssets and liabilities, the disclosure of contingent assets and liabilities, and the reported amo unts of revenues and expens es/expenditures. Actual results could vary from the estimates that were used. 3. Cash, Cash Equivalents and Invest ments At September 30 , 2011 , cash and cash equivalents included deposits with financial institutions of $21,479,386 , mo ney market accounts of $2 6,067,017 , petty cash of $20,850 and deposits with Florida PRIME of $1,786 . At year - e nd, the City ’s deposits with financial institutions were entire ly c overed by federal deposit insurance and by a collateral pool pledged to the State Treasurer of Florida by financial institutions that comply with the requirements of Florida Statute s and have been designated as qualified public depositories by the State Treasurer of Florida. Qualified public depositories are requir ed to pledge collateral to the State Treasurer with a market value equal to a percentage of the average daily balance of all government deposits in excess of any f ederal deposit insurance. In the event of a default by a qualified public depository, all cla ims for government deposits wo uld be satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if necessary, a pro rata assessment to the other qualified public depositories participating in the collateral pool. Cash, cash equivalents and investments include unrestricted and restricted assets for the prim ary g overnment which are summarized as follows: Deposits with financial institutions and cash on hand $21,500,2 09 Mon ey market mutual funds 2 6,067,017 Tim e deposits 16,500,000 Florida PRIME 1,786 Total cash, cash equivalents and investments -prim ary government $6 4,06 9,0 12 Cash and cash equivalents $40,300,2 30 Investments 16 ,500,000 Restricted cash and cash equivalents 7,268,782 Total primary government 64,069,0 12 Cash , cash equivalents and inve stments -pension trust funds 2,919,335 Total cash, cash equivalents and investments $66,988,3 47 Florida Statutes a nd City policy authorize the City and its pension trust funds to invest in Florida PRIME ;negotiable direct obligations of or obligations unconditionally guaranteed by the U.S. Government; interest -bearing time deposits or savings accounts in financial ins titutions located in Florida and organized under federal or Florida laws; mo ney mar ket mutual funds lim ited to U.S. Government securities; obligations of the Federal Farm Credit Banks, Freddie Mac, the Federal Home Loan Bank or its district banks; obligati ons guaranteed by the Governmen t National Mortgage Association;obligations of F annie Mae; certain authorized pool investment program s and any additional investments specifically authorized by City Ordinance. Pension trust funds ma y also invest in tax sale certificates of the State of Florida or any of its political subdivisions, preferred an d common stocks of certain dom estic and international corporations, debt securities of certain domestic and international corporations, mutual funds (including exchange traded funds), and alternative investments that are not publicly traded. The deposits in the Florida PRIME fund consist of equity in an external 2a7 -like investment pool adm inistered by the State of Florida purs u ant to statutory requirements. Regulation 2a7 of the U.S. Securities and Exchange Commission (SEC) allows registered mutual funds to use am ortized cost rather than fair value to report net assets Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 37 3. Cash, Cash Equivalents and Invest ments (Continued) used to compute share prices if certain conditi ons are met. Those conditions include restrictions on the types of investments held, the term -to -maturity of individual investments, the dollar -weighted average of t he portfolio, portfolio diversification, divestiture considerations in the event of s ecurit y downgrades and defaults, and required actions if the fair value of the portfolio deviates from amortized cost by a s pecified amount. Cash balances from all funds are com bined, and the requirements of a ll funds are considered in determining the am ount to be invested. Earnings are allocated to each fund based on respective month -end balances. The City ’s investments at September 30, 2011 consist of the following: Carrying Am ount (Fair Value) Prim ary Governmen t Fiduciary Funds Pension Trust Total Investments: Tim e deposits with financial institutions $16 ,500,000 $-$16 ,500,000 U.S. Government securities and mutual funds -2,966,2602,966,260 U.S. Government agency securities -7,403,586 7,40 3 ,586 Municipal obligations -253,251253,251 Dom estic fixed income investment fund -5,480,664 5,480,66 4 Corporate bonds and mutual funds -17,184,56317,184,563 Equity securities and mutual funds -57,510,9 72 57,510,972 Alternative investments -93,158,71393,158,713 DROP participant directed mutual funds -11,918,74211,918,742 Total investments $16 ,500,000 $195,876,751 $21 2,376,751 At Se ptem ber 30, 2011 , approximately 47 %of City pension fund investments we re invested in alternative investments. These alternative investment s consist of pooled funds and funds of funds that are not publicly traded and invest in fixed income securities, equ ity securities, timberlands and real estate . These alternative investments are generally valued at fair value as determined by the management of t he fund by r eference to the value of t he underlying fund ’s assets, if available, or by valuations of a fund ’s underlying assets as provided by the general p artner or investment manager, since the assets are not publicly traded. The funds may also hold certain investments which ma y be valued by a s ingle mar ket ma ker. While the fund ma nagers use their best judgment in estimating the fair values of underlying funds, there are inherent limitations in any e stimation technique. Accordingly, the fair values of a lternative investment funds have been estimated by the management of the pension funds and their investment advi sors in the absence of readily ascertainable market values. Therefore, the values of such funds ma y not necessarily be indicative of the am ount that could be realized in a current transaction. The fair values ma y differ significantly from the values that w ould have been used had a ready market for the underlying funds existed, and the differences c ould be material. T he alternative investments may also have restrictions fo r liquidating positions in the funds and future funding commitments. Future confirming events will affect the estimates of fair value,and the effect of such events on the estimates of f air value could be material. The alternative investment funds expose the pension funds to additional investment r isks, including liquidity risks; counterpart y and custody risks;foreign political, economic and governmental risks;and ,market risk. Interest Rate Risk : Interest rate risk is the risk that changes in interest rates wi ll adversely affect the fair value of an investment in debt securities. Generall y, the longer the time to m aturity, the greater the exposure to interest rate risk. The City’s investment policy requires investment of operating funds prim arily in shorter term securities and structuring of the investment portfolio so that securities ma tu re to meet cash requirements . The policy further limits investments to securities maturing in five years or less, except in certain limited situations requiring approval by the City Commission. Cash and cash equivalents of the primary government include $2 6,067,107 invested in money market mutual fund s and $1,786 invested in Florida PRIME . Both had we ighted average maturities of l ess than 90 days, resulting in minimal interest rate risk. Tim e deposits include three certificates of deposit, each maturing one City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 38 3. Cash, Cash Equivalents and Invest ments (Continued) year from the date of purchase. The table below s ummarizes the average effective duration in years of the fixed income investments . Average Duration (in years)Fair Value Pension Trust Funds U .S. Government securities and mutual funds 5.1 $2,966,260 U.S. Government agency securities 4.2 7,403,586 Municipal obligations 4.1 253,251 Dom estic fixed income investment fund 6.0 5,480,664 Corporate bonds and mutual funds 3.9 17,184,563 Cred it Risk : Credit risk is the risk that a debt issuer will not fulfill its obligations.The City’s investment policy addresses credit risk by limiting investments to the safest types of securities , w hich are generally those receiving the highest credit ratin gs from a Nationally Recognized Statistical Rating Organization (NRSRO). The City utilizes ratings from Standard & Poor’s and Moody’s Investo r Services for its investments. At September 30, 2011 , t he City’s mo ney mar ket mutual fund and Florida PRIME investments were rated AAAm.Pension investments in debt securities must be rated in one of the top three investment grades by a Nationally Recognized Statistical Rating Organization (NRSRO). The fixed income mutual fund and fixed income alternative investment fund s of the pension funds are not rated. The NRSRO rating s for the fixed income investments of the pension funds at September 30, 2011 are summarized as follows. All other secu rities are not rated. NRSRO Rating Fair Value Pension Trust Funds Money market mutual funds Unrated $2,918,252 U.S. Government and a gency securities and mutual funds AA 10,369,846 Municipal obligations A –AA 253,251 Corporate bonds and mutua l funds A –AAA 17,184,563 Custodial Credit Risk : Custodial credit risk is defined as the risk that the City may not recover cash and investments held by another party in the event of financial failure. The City ’s investment policy requires cash and inv estments to be fully insured or collateralized, or held in independent custodial safekeeping accounts in the name of t he City. At September 30, 2011 all investments were held in independent custodial safekeeping acco unts, except mo ney market mutual funds,mutual funds and alternative investments,which are unclassified pursuant to GASB Statement No. 3. Concentration of Credit Risk : Concentration of credit risk is defined as the risk of loss attributed to the magnitu de of an investment in a single issuer. The City’s investment policy requires diversification of investments to minimize potential losses on individual securities. In the City pension funds, securities of a single issuer are limited to no more than 5% of t he p lan ’s net assets invested in common stocks and debt securities. Investments in mutual funds or pools are excluded from the concentration of credit risk disclosure requirement. Market Risk : The value, liquidity, and related income of certain securities with contractual cash flows, such as asset backed securities, collateralized mo rtgage obligations, commercial mo rtgage backed securities and alternative investments or mutual funds investing in these securities or entities, are particularly sensitive to c hanges in financial markets and economic conditions, including real estate value s , delinquencies or defaults, or both, and ma y be adversely affected by shifts in the market ’s perception of the issuers and changes in interest rates. Foreign Currency Risk : Foreign currency risk includes the risk of revaluation of currencies, high rates of inflation, repatriation restrictions on income and capital, and future adverse political, social, and economic developments. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 39 3. Cash, Cash Equivalents and Investments (Continued) Moreover, securities of f oreign governments may be less liquid, subject to delayed settlements, taxation on realized and unrealized gains, and their price may be more volatile than those of comparable securities in U.S. Companies. Due to the various risks associated with certain investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying financial st atements. Disc retely Presented Component Units Cash : The CRA’s c ash at Septem ber 30, 2011 , includes deposits with financial institutions with a bank balance of approximately $8,607,165 ,a b ook balance of $8,305,855 ,and $250 of petty cash. The CRA’s deposits with financial institutions were entirely covered by federal depository insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions that comply with the requirements of F l orida Statutes and have been designated as a qualified public depository by t he State Treasurer.The DDA’s cash balance at September 30, 2011 , includes deposits with financial institutions that were fully covered by federal depository insurance. 4. Receivables Current receivables and the allow ance for doubtful accounts at September 30, 2011 we re as follows : Governmental Activities Business -Type Activities Property Taxes Receivable: General Fund $1,4 62 ,979$- Stormwater Utility Fund -2 3,812 Accounts Receivable: General Fund 2,382 ,73 3 - Water and Sewer Fund -3,1 19 ,085 Non -Major Funds 43,222 971 ,666 Internal Service F unds 28,851 - Allowance for doubtful accounts (2,199,916 )(986 ,468 ) $1,717 ,86 9$3,128 ,095 5 . Due from Other Governments The total am ount due from other governments of $2,215,823 at September 30, 2011 represents the am ount due from federal and state sources for intergovernmental revenues and grant reimbursements within various funds. 6 . Notes Receivable Notes receivable at September 30, 2011 consist of the fo llowing: General Fund: Note receivable from a developer for the construction of an urban development project. Principal and interest payments are due in equal annual installments of $149,244 based on a 50 -year amortization schedule. A balloon payment for the remaining principal and interest, including the deferred interest, is due in 2022 (see below ).$3,2 06,828 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 40 6 . Notes Receivable (Continued) General Fund: Non -interest -bearing note receivable from EPOCH to assist in funding of a museum project. Payments of $3,500 are due on December 31 of each year, to be paid in full by December 31, 2017. $21,0 00 Non -interest -bearing note receivable from CRC for the sale of land, payable in annual installments of $30,000 through 2015.12 0,000 Total General Fund 3,347,828 Non -Major Governmental Fund s: Non -interest -bearing notes receivable from property ow ners for rehabilitation, enhancement and preservation of real estate. Principal payments are am ortized over 5-2 0 years. Repayment of l oans is contingent upon the sale of real estate prior to the required time frame or release date.1,726,988 Total Governmental Activities $5,074,816 The City ’s application for a grant of a pproximately $4 million through the Urban Development Action Grant Program (UDAG) wa s approved for the purpose of constructing a low -incom e housing project within the City. In connection with this grant, the City approved three agreements and several am endm ents to the agreements with the developer . As part of the first agreement , the City sold 36 acres of property to the developer for $730,000 and held a non-interest bearing, five year prom issory note for $720,000. The second and third agreements provided a $4,608,000 loan to the developer, consist ing of $3,840,000 UDAG mo nies at 3% interest am ortized over a 50 year period and City funds of $768,000 at 0% interest am ortized over a 25 year period. Both the $768,000 and $720,000 notes were paid in full in fiscal year s 2006 and 2010, respectively. The City’s lien on an 11 acre parcel w as released in connection with the pay off of the $720,000 note in 2010 .The remaining balance ow ed to the City o n the $3,840,000 loan am ount at Septem ber 30, 2011 wa s $3,206,828 .At September 30, 2011 , interest of $1,003,373 has been accrued and deferred on the City ’s books in compliance w ith the repayment provisions of the UDAG loan. 7. Due from Component Units The amo unts due from com ponent units at September 30, 2011 include the following amounts due from the Delray Beach Community Redevelopment Agency : General Fund : Reimbursement for Plan Review er II Reimbursement for Project Management Reimbursement for Clean and Safe Program Reimbursement for Parking Management Re nt for Parking Garage Reimbursement Hilltopper Stadium $18,828 22,937 279,179 27,500 100,000 32,778 Neighbor hood Services Fund : Reimbursement for Curb Appeal Program 9,188 Capital Improvement Fund : Reimb ursement for Atlantic Avenue Gate wa y Reimbursement for Other Projects 58 ,530 74,685 Total Due from Component Units $623,62 5 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 41 8. Restricted Assets Restricted assets in the Enterprise Funds result from revenue bond requirements to fund the current portions of principal and interest and a renewal and replacement reserve. T he required cash balances and reserve requirements at September 30, 2011 have been met for outstanding bond issues. Restricted assets are not reported on the balance sheets of the governmental funds; however, cash an d cash equivalents and other assets of t he debt service fund (a non-major fund) are restricted for debt service in accordance with revenue bond requirements.The City’s policy is to first apply restricted resources when expenses are incurred for purposes f or which both restricted and unrestricted net assets are available. Net assets are restricted to the extent that restricted assets exceed liabilities payable from restricted assets at September 30, 2011 . Restricted assets , liabilities payable from restricted assets and restricted net assets of the Enterprise F unds at September 30, 2011 are summarized as follows: Restricted for Restricted Assets Debt Service Renewal and R eplacement Total Water and Sew er Fund: Cash and cash equivalents $5 ,0 37 ,035$1,612,502$6,649 ,537 Non -Major Enterprise Funds : Cash and cash equivalents 6 19,245 -6 19 ,245 Total Restricted A ssets $5,656 ,280$1,612,502$7,268 ,78 2 Liabilities Payable from Restricted Assets Water and Sew er Fund 3,121,298 - 3,121,298 Non -Major Enterprise Funds 57,563 - 57,563 Total Liabilities Payable from Restricted Assets 3,178,861 -3,178,8 61 Restricted Net Assets $2,477,419 $1,612,502$4,089 ,921 9. Capital Assets The major components of capital assets for the City at September 30, 2011 are summarized as follows: Governmental Activities: Be ginning Balance Increases Decreases Ending Balance Non -depreciable Assets : Land $38,158,510 $353,081 $-$38,511,591 Construction in Progress 1,367,4943,583,787 (271,935)4,679,346 Total Non -depreciable Assets 39,526,004 3,936,868 (271,935 )43,190,937 Depreciable Assets : Buildings 37,787,007 268,588 -38,055,595 Im provements Other Than Buildings 116,098,163 951,880 (119,130 )116,930,91 3 Equipment 37,670,574 2,256,459 (1,524,335)38 ,402,69 8 Total Depreciable Assets 191,555,744 3,476,927 (1,643,46 5)193,389,20 6 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 42 9. Capital Assets (Continued) Governmental Activities: Beginning Balance Increases Decreases Ending Balance Less Accumulated Depreciation for : Buildings $(13,838,645)$(1,224,384 )$-$ (15,063 ,029 ) Im provements Other Than Buildings (50,734,112)(4,460,356 )122,880 (55,071,588 ) Equipment (24,841,217)(3,377 ,832)1,472,520 (26,746,52 9) Total Accumulated Deprecia tion (89,413,974)(9,062,57 2)1,595,40 0(96,881,146 ) Total Depreciable Assets, net 102,141,770 (5,585,645 )(48,065)96,508,0 60 Governmental Activities Capital Assets, net $141,667,774 $(1,648,777)$(320,000 )$139,698,9 97 Business -Type Activities: Non -depreciable Assets : Land $5,663,615 $ 5,2 09$-$5,668,8 24 Construction in Progress 367,382 2,932,955 (49,37 0) 3,250,96 7 Total Non -depreciable Assets 6,030,997 2,9 38,16 4(49,37 0)8,919,7 91 Depreciable Assets : Buildings 13,614,491 63,485 (15,121)13,662,855 Im provements Other Than Buildings 158,032,579 568,168 (321,486 )158,279,261 Equipment 14,128,411 535,936 (504,590 )14,1 59,757 Total Depreciable Assets 185,775,481 1,167,589 (841,197 )186,101,87 3 Less Accumulated Depreciation for : Buildings (7,527,262)(412,678 )15,210 (7,92 4 ,820 ) Im provements Other Than Buildings (71,733,130)(3,121,1 46 )7,841 (74,846,43 5) Equipment (10,941,361)(714,164 )486 ,125(11,169,400 ) Total Accumulated Depreciation (90,201,753)(4,247,988 )509 ,086(93,940,655 ) Total Depreciable Assets, net 95,573,728 (3,080,399)(332 ,111 )92,161 ,2 18 Business -Ty pe Activities Capital Assets, net $101,604,725 $(142,23 5)$(381 ,481 )$101,081,0 09 Depreciation expense for the fiscal year ended September 30, 2011 wa s charged to functions/pr ograms of the primary government as follows: Governmental Activities: General Government $803,1 80 Public Safety Physical Environment Parks and Recreation Internal Service Funds 1,177,770 2,684,585 2,602,415 1,794,62 2 Total depreciation expense -Governmental Activities $9,062,572 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 43 9. Capital Assets (Continued) Business -Type Activities: Water and Sewer $3,448,186 Municipal Golf Course 256,920 Lakeview Golf Course 41,014 City Marina 72,967 Sanitation 1,569 Stormwater Utility 427,332 Total depreciation expense -Bu siness -Ty pe Activities $4,247,988 Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency Changes in capital assets of the Delray Beach Community Redevelopment Agency for the fiscal year ended September 30, 2011 are summarized as follows: Beginning Balance Increases Decreases Ending Balance Non -depreciable Assets : Land and Land Improvements $25,723,472 $1,137,505 $ (1,186,510)$ 25,674,467 Construction in progress 884,823 - (884,823) - Total Non -depreciable Assets 26,608,295 1,137,505 (2,071,333) 25,674,467 Depreciable Assets : Buildings 2,817,240 991,326 -3,808,566 Equipment, Furniture, and Fixtures 114,362 --114,362 Total Depreciable Assets 2,931,602 991,326 -3,922,928 Less Accumulated Depreciation for : Buildings (414,005)(118,771 )-(532,776 ) E quipment, Furniture, and Fixtures (100,789)(3,878 )-(104,667 ) Total Accumulated Depreciation (514,794)(122,649 )-(637,443 ) Total Depreciable Assets, net 2,416,808 868,677 -3,285,485 Capital Assets, net $29,025,103 $2,006 ,182 $(2,071,333 )$28,959,952 10. Investm ent in Regional Plant Joint Venture In 1974, the City of Delray Beach joined with the City of Boynton Beach (Boynton Beach) to form a se parate legal entity, the South Central Regional Wastewater Treatm ent and Disposal Board, (the “Board”). The Board, which is governed by a body composed of the commission members from each city , oversees the operation of the regional wa stewater treatment and disposal plant which services both cities and surrounding areas. The i nterlocal agreement betw een the City and Boynton Beach specifies that the Board has the authority to accept and disburse funds, transact business and enter into contracts for budgeted items. In addition, the Board has the authority , subject to approval by a majority vote of e ach city commission before becom ing effective, to adopt an annual budget,establish rates and charges for operations, maintenance, expansions and construction, enter into contracts for non-budgeted items and authorize the return of any surplus funds or levy additional charges for deficits of the Board to the respective cities. Ownership of the regional wastewater treatment and disposal plant is vested proportionately with the cities in accordance with the capital investments of each cit y, which to date are approximately 50% each. The Board charges each city for its share of the Board ’s operating expenses based on the percentage of f low of waste water from each city. At September 30, 2011 , accounts r eceivable of the Water and Sewer Fund and business -ty pe activities included $101,138 due from the Board and accounts payable of the Water and Sewer Fund and business -ty pe activities Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 44 10. Investm ent in Regional Plant Joint Venture (Continued) included $308 ,912 due to the Board . For the year ended September 30, 2011 , the City paid $2,909,635 to the Board for operating expenses, repair and replacement and capital charges. Each individual city is responsible for setting the rates and collecting charges for w aste water disposal from customers within its jurisdiction. The Board issues separate financial statements audited by other accountants who issued an unqualified opinion on those financial statements for t he year ended September 30, 2011 .Those financial statements ma y be obtained from the Board at 1801 N. Congress Avenue, Delray Beach , FL 33445. Financial information summarized from the audited financial statements of the Board a s of and for the year ended September 30, 2011 is as follows: Net Assets Current and other assets $4,532,451 Capital assets, net 55,480,555 Total assets 60,013,006 Current liabilities 821,667 Noncurren t liabilities 949,416 Total liabilities 1,771,083 Net assets $58,241,923 Change in Net Assets Charges for services $7,789,877 Total program revenues 7,789,877 Program expenses 11,401,602 Net progra m expense s(3,602,725 ) Investment incom e 36,747 Loss on disposal of capital assets (187,931) Transfers to joint venture participants (240,804 ) Change in net assets $(3,994,713 ) The City accounts for its investment in the Board as a joint venture recorded on the equity m ethod of accounting. At September 30, 2011 , the City ’s 50% equity interest in the net assets of t he Board totaled $29,120,96 1 and has been reported as “Investment in regional plant joint venture” in the City ’s financ ial statements. The Board enters into contracts for capital projects as an agent for the cities. All costs associated w ith such contracts are reimbursed by t he cities. At September 30, 2011 , commitments totaling $92 8,200 we re rem aining on such contracts. 11. Interfund Transactions and Balances The outstanding balances among funds result mainly from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are m ade. These balances also include the amount of wo rking capital loans made to various funds that the General Fund expects to collect in the subsequent year. Transfe rs are used to (1) mo ve revenues from the fund with collection authorization to the debt service fund as debt service principal and interest payments becom e due, (2) mo ve restricted am ounts from borrow ings to the debt service fund to establish ma ndatory re serve accounts, (3) mo ve unrestricted General Fund revenues to finance various programs that the City m ust account for in another fund in accordance with budgetary authorizations, including amounts for capital projects and amounts provided as contributions or matching funds for beautification, community development and other grant programs. City of Delray Beach, Florida Notes to Financial Statements September 30, 2011 45 11. Interfund Transactions and Balances (Continued) Total interfund receivables/payables and transfers as of and for the year ended September 30, 2011 we re as follows: Due From Other Funds Due To Other FundsTransfers In Transfers Out Major Governm ental Fund General Fund $-$35,204,769$3,720,390 $4,243,894 Other Governmental Funds Special Revenue Fun ds: Law Enforcem ent Trust 298,655 --- Developer s Land Contribution 313,264 --3,000 ARRA Economic Stimulus -329,588 - Neighborhood Services 149 -149,430 - SHIP 36,822 --- Beautification 313,973 -884,756 - S pecial Projects 2,603,745 -13,808 12,000 Cemetery Perpetual Care 833,283 --- Debt Service Fund: Utilities Tax 451,050 -1,199,740 1,760 Capital Projects Fund s: Ca pital Improvement 4,858,400 -2,000,000 10,650 2004 GO Bond 670,191 - - - Beach Restoration 122,377 -15,000 - Total Governmental Funds 10,501,909 35,534,357 7,983,1244,271,304 Major Proprietary Fund Water and Sew er Fund 12,779,569 -97 ,000 3,380 ,810 Other Proprietary Funds Municipal Golf Course -1,104 ,828 -33,000 Lakeview Golf Course -851 ,428 -1 5,000 City Marina 976,523 --50,620 Sa nitation 2,313,175 --182,270 Stormwater Utility 3,6 24 ,845 --147,120 Internal Service Funds : Insurance 5,140,907 -- Central Garage 2,153,685 --- Total Proprietary Funds 26,988,704 1,956 ,256 97 ,000 3,808 ,820 Total Primary Government $37,490,613$37,490,613 $8,080 ,124 $8,080 ,124 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 46 12. Noncurrent Liabilities The changes in noncurrent liabilities of the City for t he fiscal year ended September 30, 2011 we re as follows : Beginning Balance Additions Reductions Ending Balance Due Within One Year Governmental Activities: Revenue bonds $36,499,201 $-$(940,985 )$35,558,216 $985,388 General obligation bonds Unamortized bond premium 27,090,000 992,462 - - (2,485,000 ) (136,142 ) 24,605,000 856,320 2,600,000 - Unamortized loss on bond refinancing (324,756)-96,222 (228,534 )- Total bonds payable, net 64,256,907 -(3,465,905 )60,791,002 3,585,388 Installment agreements 192,835 -(64,375 )128,460 66,17 5 Com pensated absences 7,454,823 315,434 (644,763 )7,125,494 665,468 Insurance claims p ay able 4,265,2197,889,430 (8,1157,738 )3,996,9111,471,930 Total Governmental Activities $76,169,784 $8,204,864 $(12,332,781 )$72,041,867 $5,788,96 1 Business -Type Activities: Revenue bonds $32,179,828 $5,430,000 $(11 ,338 ,650 )$26,271,1 78 $2,560,349 Unamortized bond premium 56,541 -(9,834 )46,707 - Unamortized loss on bond refinancing (194,628)-33,849 (160,779 )- Total bonds payable, net 32,041,741 5,430,000 (11,314,635 )26,157,10 6 2,560,349 Accrued interest on capital appreciation bonds 9,940,2523,813,606 (3,064,628 )10,689,230 2,899,26 4 Installment agreements 97,245 -(32,463 )64,78 2 33,37 2 Com pensated absences 862,627 93,848 (3,365 )953,110 29,655 Total Business -Ty pe Activities $42,941,865 $9,337,454 $(14,415,091 )$37,864,22 8$5,522,6 40 Debt service on revenue bonds and installment agreements is payabl e from available non -ad valorem revenues. Debt service on utility tax obligations is payable from utilities tax revenues. General obligation bonds are payable from ad valorem taxes. Com pensated absences are generally liquidated by the General Fund. Noncur rent liabilities , including current maturities, at September 30, 2011 consisted of the following: Revenue Bonds: Governmental Activities Business -Ty pe Activities 5.80 % to 5.85%, $28,104,475 Water and S ew er Revenue Bonds issued on June 1, 1993 (Series 1993). Capital appreciation bonds are due in the am ount of $4,475,000 on October 1, 2011 through 2014.$-$5,769,394 5.245%, $10,000,000 Revenue Bonds issued February 25, 2000 (Series 2000) due in principal amounts of $4 9 5,000 to $600,000 through June 1, 2019, with semi -annual interest payments due each Ju ne 1 and December 1 through June 1, 2019. The bonds we re issued to finance all or a portion of the costs of certain roadw ay i mp rovements includ ing water, sewer and drainage wo rk, and a portion of the costs of a tri -party radio system.3,200,983 1,159,01 7 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 47 12. Noncurrent Liabilities (Continued) Revenue Bonds: Governmental Activities Business -Ty pe Activities 3.6 % to 4.2%, $15,020,000 Utility Tax Revenue Bonds issued December 19, 2002 (Series 2002) due in principal am ounts of $4 2 0,000 to $510,000 through June 1, 2016, with semi -annual interest payments due each June 1 and December 1 through June 1, 2016. The bonds were issued to current refund the Utilities Tax Revenue Bonds, Series 1992, advance refund the Utilities Tax Revenue Bonds, Series 1994, advance refund the Utilities Tax Revenue Bonds, Series 1995, current refund the Utilities Tax Revenue Bonds, Subordinate Se ries 1996 and current refund the Utilities Tax Revenue Bonds, Subordinate Series 1998.$-$ 2,315,00 0 3.66%, $9,685,000 Revenue Refunding and Im provement Bonds issued December 2, 2003 (Series 2003) due in principal am ounts of $6 30 ,000 to $920,000 through June 1, 2019, with semi -annual interest payments due each June 1 and December 1 through June 1, 2019. The bonds were issued to current refund Series 1999 and Series 2002 Tax Exempt Bonds, in whole, and Series 2002 Taxable Bonds in part.5,775,000 3 50,00 0 3.98%, $2,350,000 Water and Sewer Revenue Bonds issued November 17, 2006 (Series 2006B), with principal amounts of $130,000 to $205,000 due through October 1, 2021, wi th semi -annual interest paym ents due each Octob er 1 and April 1 through October 1, 2021. The bonds we re issued to finance the City’s share of the Reclaimed Water Treatment Project at the South Central Reg ional Waste water Treatment Facility .-1,850,00 0 4.41%, $9,000,000 Water and Sewe r Revenue Bonds issued September 18, 2007 (Series 2007), with principal amo unts of $210,000 to $1,220,000 due through October 1, 2021, wi th semi -annual interest paym ents due each October 1 and April 1 through October 1, 2021. The bonds we re issued to finan ce the City’s share of the Reclaimed Water and Deep Well Project at the South Central Reg ional Wastewater Treatment Facility .-8,40 0,00 0 4% -5%, $24,635,000 Utility Tax Revenue Bonds issued September 26, 2007 (Series 2007)due in prin cipal am ounts of $20 ,000 to $2,465,000 through Ju ne 1, 2032 wi th semi -annual interest payments due each June 1 and December 1 through June 1, 2032. The bonds we re issued to finance various parks and recreation projects, Fire Station #4, Environmental Servi ces Building (in part), and to refund the City’s 2005 Line of Credit (w hich wa s used to fund the Old School Square Parking Garage Project).23,582,233 997,767 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 48 12. Noncurrent Liabilities (Continued) Revenue Bonds: Governmenta l Activities Business -Ty pe Activities 4% -5%, $24,635,000 Utility Tax Revenue Bonds issued September 26, 2007 (Series 2007)due in principal am ounts of $20 ,000 to $2,465,000 through Ju ne 1, 2032 wi th semi -annual interest payments due each Jun e 1 and December 1 through June 1, 2032. The bonds we re issued to finance various parks and recreation projects, Fire Station #4, Environmental Services Building (in part), and to refund the City’s 2005 Line of Credit (w hich wa s used to fund the Old School Square Parking Garage Project).$23,582,233$997,767 Variable, $3,000,000 Revenue Bonds issued September 26, 2008 (Series 2008) with semi -annual interest payments due each June 1 and December 1 through June 1, 2013. The variable rate (.88125% at September 30, 2011 ) is reset monthly and is based on the 30 day LIBOR plus sixty -tw o and one half basis points (.625). The bonds were issued to provide interim financing, in part, for the Old School Square Parking Garage Project. 2.21%, $5,430,000 Water and Sew er Refunding Revenue Bonds issued September 29, 2011 (Series 2011 A ), with principal am ounts of $500,000 to $600 ,000 due through October 1, 2021 , with semi -annual interest payments due each October 1 and April 1 through October 1, 2021 . The bonds we re issued to currently refund the Series 2006A Water and Sew er Revenue Bonds. 3,000,000 - - 5,430,000 Total Revenue Bonds Unamortized bond premium Unamortized loss on bond refunding Total Revenue Bonds, Net 35,5 58 ,2 16 686,451 (131,418) 36,113,249 26,2 71,1 78 46,707 (160,779) 26,157,10 6 General Obligation Bonds: 5.00%, $15,685,000 General Obligation Bonds issued December 19, 2002 (Series 2002), due in annual principal installments of $1,960 ,000 to $2,055,000 through February 1, 2013, with semi -annual interest payments due each February 1 and August 1 through February 1, 2013. The bonds we re issued to partially refund, on a current basis, General Obligation Bonds, Series 1993A and Series 1993B.4,015,000 - 3.7 5%-4.30%, $14,000,000 General Obligation Bonds issued September 30, 2004 (Series 2004), due in annual principal installments of $6 4 0,000 to $1,025,000 through February 1, 2024, with semi -annual interest payments due each February 1 and August 1 through Feb ruary 1, 2024. The bonds we re issued for the acquisition of l and, equipping of n ew parks and recreation centers, constructing a parking garage and purchasing library fixtures. 10,590,000 - Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 49 12. Noncurrent Liabilities (Continued) Gen eral Obligation Bonds: Governmental Activities Business -Ty pe Activities 4.15%, $10,000,000 General Obligation Bonds issued August 26, 2005 (Series 2005), due in annual principal installments of $720,000 to $1,135,000 starting February 1, 2014 t hrough February 1, 2024, with semi -a nnual interest payments due February 1 and August 1 through February 1, 2024. The bonds we re issued for the acquisition of land, equipping of new parks, recreation centers, parking garage and library.$10,000 ,000 $- Total General Obligation Bonds 24,605 ,000 - Unamortized bond premium 169,869 - Unamortized loss on bond refunding (97,116 )- Total General Obligation Bonds, Net 24,677,753 - Other Noncurren t Liabilities : Long -term installment agreements for equipment: 2.76% installment purchase agreements maturing in 2013 128,4 60 64,78 2 Com pensated absences payable 7,125,494 953,110 Insurance claims payable (s ee Note 15)3,996,911 - Accrued interest on capital appreciation bonds -10,689,230 Total Noncurrent Liabilities , including current portion $72,041,86 7$37,864,22 8 Governmental Activities The provisions of the various bond resolutions differ in some respects, but ge nerally provide for: 1. Establishment and maintenance of certain cash reserves for the revenue bonds. The maximum deposit requirement is usually set at the highest future annual principal and interest payment. In lieu of establishing the reserve, the City has purchased surety bonds for this amount. 2. Annual debt service funding by monthly transfers to a cash reserve account for the revenue bonds. 3.Early redem ption of outstanding bonds at call rates varying between 101% and 103%of the instrument’s face value, dep ending on the bonds and call date. 4.Investing of cash reserves in time deposits or direct obligations of the U.S. Government. Long -term installment agreements consist of several agreements with vendors for the purchase of equipment used in governmental act ivities. At Septem ber 30, 2011 , the gross am ount of the equipm ent held under these agreements wa s $260,600 and the accumulated am ortization totaled $135,417.Amortization expense related to equipment purchased under long -term installment agreements is included in depreciation in the ac com panying financial statements . Most agreem ents call for term ination of the agreem ent and forfeiture of the equipm ent in the event the payments are not budgeted or made. Future payment s through final maturity under governmental activities long - term installment agreements as of September 30, 2011 are as follows: Fiscal year ending September 30: 2012 2013 $68,888 63,14 8 Total minimum payment s 132,03 6 Less amount representing interest (3,576 ) Outstanding balance at September 30, 2011 $128,4 60 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 50 12. Noncurrent Liabilities (Continued) Pledged Governmental Revenues : The City has pledged the future utilities service tax revenues of t he City to repay the outstanding Utility Tax Revenue B onds Series 2002 and 2007 issued to finance various capital im provements. The utility tax bonds are pay able solely from the utilities service tax revenues received by the City and are payable through 2032. Annual principal and interest payments on the bonds are expected to require less than 30 percent of utilities service tax revenues. Total principal and interest remaining to be paid on the utility tax revenue bonds is $4 6,279,376 at September 30, 2011 . Principal and interest paid and utility tax revenues received for the current year were $1,8 29,243 and $8,777,975 , respectively. The City has also pledged the future non ad -valor em r evenues of the City t o repay t he outstanding Series 2000 and 2008 Revenue Bonds and the Series 2003 Revenue Refunding and Im provement Bonds issued to finance various capital improvements. The revenue bonds are payable solely from the non ad -valorem rev enues received by the City and are payable through 2019. Annual principal and interest payments on the bonds are expected to require less than 5 percent of non ad -valorem revenues. Total principal and interest remaining to be paid on the revenue bonds is $1 5,928,301 at September 30, 2011 . Principal and interest paid and non-ad valorem revenues received for the current year were $1,59 7,589 and $4 7,532,509 , respectively. Legal Debt Margin : The City has not established a legal debt mar gin limit but has established policy guidelines for the ma nagement of debt. The City strive s to maintain gross ,bonded general obligation principal debt at a level not to exceed 2% of the assessed value of taxable propert y within the City.The City also strive s to ensure that its net bonded debt per capita does not exceed $700 and that the com bined total of its direct net bonded debt and its share of overlapping debt issued by Palm Beach County does not exceed $2,000 per capita. Debt Matur ities : The annual requirements to pay principal and interest to maturity on the governmental activities bonds outstandi ng as of September 30, 2011 are as follow s: Fiscal Year Ending September 30 Revenue Bonds Gene ral Obligation Bonds Principal Interest Principal Interest Total 2012 $976,603 $1,711 ,511$2,600,000 $973,840 $6,261 ,954 2013 4,0 18,528 1,669 ,693 2,720,000 849,827 9,258 ,048 2014 1,103,710 1,4 70 ,450 1,4 10,000 758,937 4,7 43 ,097 2015 1,1 48 ,263 1,42 3,678 1,465,000 702,092 4,7 39 ,033 2016 1,214,7281,374,8781,530,000 641,935 4,761,541 2017 -2021 6,454,7356,091,143 8,690 ,000 2,213,857 23,449,734 2022 -2026 8,030,2 40 4,399,200 6,190 ,000 398,762 19,018,202 2027 -2031 10,246,471 2,179,200 --12,425,671 2032 2,364,939 118,320 --2,483,259 Total $35,558,216 $20,438,072 $24,605 ,000 $6,539,250 $87,140,538 Interest Expense : Total interest costs incurred on governmental activities debt for the year ended September 30, 2011 we re $2,701,776 , all of which was expensed. Business -Type Activities The provisions of the bond resolutio ns for the debt of the Water and Sew er Fund, Municipal Golf Course Fund, Lakevie w Golf Course Fund and the Stormwater Utility Fund differ in some respects, but generally provide for: 1.Annual debt service funding by monthly transfers of cash to a reserve ac count. 2.Maintenance of a renewal and replacement cash reserve set at 5% of the previous year’s gross revenue. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 51 12. Noncurrent Liabilities (Continued) 3.Establishment of certain cash reserves for the Water and Sewer and Utility Tax Revenue Bonds. The maximum d eposit required is usually set at the highest future annual principal and interest payment. The City purchased sureties equal to the requirements. 4.Early redem ption of outstanding bonds at call rates ranging from 101% to 102% of the instrument ’s face value depending on the bonds and call date. Primarily bonds are subject to a penalty for early redemption. 5.Investing of cash reserves in time deposits, direct obligations of the U.S. Government and other authorized investments with varying maturity restrictions. 6.The use of c ash is generally restricted to the following priority: operation and maintenance, debt service, reserves, renewal and replacement, and any other lawful purpose. Long -term installment agreements consist of several agreements with vendors for t he purchase of equipment used in business-type activities. At Septem ber 30, 2011 , the gross amo unt of the equipment held under these agreements wa s $131,420 and the accumulated am ortization totaled $68,448 .Amortizat ion expense related to equipm ent purchased under long -term installment agreements is included in depreciation in the accom panying financial statements.Most agreem ents call for term ination of the agreem ent and forfeiture of the equipm ent in the event the p ayments are not budgeted or made. Minimum future lease payments through maturity under business -ty pe activities long -term installment agreements (capital leases) as of September 30, 2011 are as follow s: Fiscal year ending September 30: 2012 2013 $34,740 31,84 4 Total minimum payments Less amount representing interest 66,58 4 (1,802 ) Outstandi ng balance at September 30, 2011 $64,78 2 Pledged Utility Revenues : The Cit y has pledged the future net revenues (generally customer revenues, net of specified operating expenses) of the wa ter and sew er utility to repay the outstanding water and sew er utility revenue bon ds issued from 1993 through 2011 to finance im provements to the system. The wa ter and sewer utility revenue bonds are pay able solely from the utility net revenues and are payable through 2022. Annual principal and interest payments on the bonds are expected to require less than 50 percent of utility net revenues. T otal principal and interest remaining to be paid on the water and sewer utility revenue bonds is $37,320,263 . Principal and interest paid and utility net revenues for the current year were $5 ,950,563 and $1 3,282,727 , respectively. Debt Extinguishment : On September 29, 2011 the City issued $5,430,000 of Water and Sewer Refunding Revenue Bon ds , Series 2011A, the proceeds of which, together with $559,579 from the City’s debt service accounts, wa s deposited with an escrow agent to currently refund $5,870,000 Water and Sew er Revenue Bonds, Series 2006 on October 1, 2011. Accordingly, the Series 2006 Bonds are considered defeased at Septem ber 30, 2011 and the liability for those bonds has been rem oved from the City’s financial statements. The reacqui sition price of the 2006 Bonds wa s the same as the net carry ing amount of the 2006 Bonds and there wa s no loss on the refunding. The refunding reduced the City’s debt service payments by $621,514 and resulted in an economic gain of $554,880. At Se ptem ber 30, 2011 there we re no other outstanding bonds considered to be defeased . Segment Information : A portion of the City’s Series 2002 and Series 2007 Utility Tax Revenue Bonds, Series 2000 Revenue Bonds and Series 2003 Revenue Ref unding and Im provem ent Bonds, were used to finance improvements to the City’s tw o golf courses and stormwater utility. The City’s golf courses and the stormwater utility are accounted for in three separate non-major enterp rise funds;however the revenue st reams of t hose funds are not specifically pledged for the repayment of th ose bonds ,which are secured by th e City’s utility tax revenues and non- ad valorem revenues . Accordingly, segment information is not required or presented for the golf course and s tor mwater utility operations. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 52 12. Noncurrent Liabilities (Continued) Debt Maturities : The annual requirements to pay p rincipal and interest to maturity on the business -ty pe activities bonds outstanding as of September 30, 2011 are as follow s: Fiscal Year Ending September 30 Revenue Bonds Principal Interest Total 2012 $2,569 ,134$3,612 ,775$6,181 ,909 2013 3,029 ,678 3,712 ,991 6,7 4 2,669 2014 2,88 3,015 3,754 ,393 6,637 ,408 2015 2,8 6 0,463 3,778 ,752 6,639 ,215 2016 2,265,272 545,906 2,811,178 2017 -2021 9,765,2651,539,015 11,304,281 2022 -2026 2,364,760 220,911 2,585,671 2027 -2031 433,529 90,800 524,329 2032 100,061 4,930 104,991 Total $26,271,178 $17 ,260,474 $43,531,652 Interest Expense : Total interest costs incurred on business -ty pe activities debt for the year ended September 30, 2011 we re $4,767,274 , all of which was expensed. Discretely Presented Compon ent Unit –Delray Beach Community Redevelopment Agency Component Unit -Changes in the noncurrent liabilities of the Delray Beach Community Redevelopment Agenc y (CRA)for the year ended September 30, 2011 we re as fo llows: Beginning Balance Additions Reductions Ending Balance Due Within One Year Governmental Activities: Revenue bonds Note payable Pollution remediation obligation Total noncurrent liabilities $12,775,000 332,534 10,165 $13,11 7,699 $- - - $- $(630,000) (166,00 3) (6,944 ) $(1,842,947 ) $11,105,000 166,531 3,221 $11,274,752 $1,595,000 166,531 3,221 $1,764,752 The CRA outstanding Revenue Bonds at September 30, 2011 consist of the follow ing: 4.80% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Revenue Bond (Series 1999A), maturity date September 1, 2019.$4,085 ,000 4.2982% Delray Beach Community Redevelopment Agency Tax Increme nt Redevelopment Revenue Bond (Series 2004A Tax Exempt), maturity date September 1, 2019.915 ,000 5.9095% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Bonds (Series 2004B Taxable), maturity date September 1, 2016.6,10 5 ,000 Total Revenue Bonds $11,105 ,000 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 53 12. Noncurrent Liabilities (Continued) Note Payable : The note payable is to the South Florida Regional Planning Council (the “Council ”) based on an interlocal agreement between the CRA and the Council to provide funding to the CRA for the brownfield remediation and redevelopment of 20 platted lots in the Carver Square subdivision within the CRA boundaries of the City. Interest at 3.0% on the outstanding principal balance is payable semiannually on June 2 nd and December 2 nd , commencing June 2,2009. Principal payments are due in equal annual installments of $87,763 on June 2 nd and December 2 nd , commencing December 2, 2009 and through maturity on December 2, 2011. Pollution Remediation Obligation : In 2005 and 20 06, the CRA purchased 20 platted lots in the Carver Square subdivision of t he City for brow nfield remediation and redevelopment of the lots for construction of a ffordable s ingle family homes. State law required the CRA to perform pollution rem ediation afte r the property wa s acquired. The CRA estimated the liability to be $475,971 based on the contracted costs to perform the required w ork . In 2009, additional mo nitoring work was required increasing the total estimated cost by $30,000. The liability could cha nge over time due to changes in the costs of goods and services or changes in the remediation effort required by regulatory authorities . The CRA accounts for the pollution obligation in accordance wi th GASB Statement No. 49, Accounting and Financial Report ing for Pollution Remediation Obligations , w hich establishes the accounting and financial reporting requirements for pollution remediation obligations of all governments. Pledged Revenues : The CRA has pledged a portion of future tax increment revenues to repay its outstanding revenue bonds issued in 1999 and 2004 to finance various redevelopment projects within the redevelopment district . The revenue bonds are pay able solely from the tax increment revenues generated by i ncreased property values in the red evelopment district . Tax increm ent revenues were projected to produce more than 200 percent of the debt service requirements over the life of the revenue bonds. Total princip al and interest rem aining on all debt at September 30, 2011 wa s $13,377,396 , pay able through September 1, 2019 . For the current year, principal and interest paid and the total tax increment revenues were $2,254,076 and $1 0,645 ,402 , respectively. Interest Expense : Total interest costs incurred and paid on all CRA debt for the year ended September 30, 2011 , were $593,598 and $658,813 , respectively. All interest costs we re expensed as a direct expense of redevelopment projects. Annual Debt Service : The annual debt service requirements at September 30, 2011 for all CRA debt , excluding the pollution remediation obligation,are as follows: Fiscal Year Ending September 30,Principal Interest Total 2012 2013 2014 2015 201 6 $1,761,531 1,670,000 1,750,000 1,420,000 1,250 ,000 $516,299 437,454 358,764 276,274 209,746 $2,277,830 2,107,454 2,108,764 1,696,274 1,459,746 2017 -2019 3,420 ,000 $11,271,531 307,328 $2,105,865 3,727,328 $13,377,396 13. Pension Plans Description of the Plans The City contributes to tw o single -employ er defined benefit pension plans covering substantially all full -time City em ploy ees. The General Employ ees’ Pension Fund is for em p loy ees who have com pleted one year of credited Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 54 13. Pension Plans (Continued) service excluding the City Commission , City M anager, A ssistant City M anager, City A ttorney and associates, department heads upon their written electio n not to participate,and f irefighters and police officers covered under the Police and Firefighters ’Retirement System Fund. The Police and Firefighters ’Retirement System Fund covers all non-civilian police and fire em ploy ees. Each plan is administered by a n independent Board of T rustees and is accounted for by the City as a separate fund. The costs of adm inistering the plans are financed by t he plans’ respective investment earnings. An actuarial report is prepared annually for each plan . General Employees ’Pension Fund -The ben efit provisions and all other requirements of t he General Em ployees ’ Pension Fund are established by City Ordinance and are summarized as follows: The funding methods and determination of benefits pay able are provided in the various sections of the City ’s Code of Ordinances, including subs equent amendm ents thereto. The C ode provides, in general, that funds are to be accumulate d from employ ee contributions, C ity contributions and income from investment of ac cumulated funds. The operations of the fund are ad ministered and managed by the General Em ploy ees’ Pension Fund Board of Trustees. The retirem ent committee (the Board of Tru stees) consists of a chairperson and four additional members; all of w hom are appointed by the City Commission. Vesting —Benefits ves t 50% after five years of service plus 10% each additional year. Eligibility for Retirement —Ordinance No. 33 -10 effective October 5, 2010,changed the norm al retirement eligibility from the earlier of age 60 with ten years of service or 30 years of servi ce regardless of age to the earlier of age 62 with ten years of service or 30 years of service regardless of a ge. T his change does not apply to me mbers who are within ten years of normal retirement eligibility as of October 5, 2010. Normal retirement el igibility for members hired after October 5, 2010 is age 65 w ith ten years of service. Annual Retirement Benefit —2.5% of the average mo nthly com pensation times years of service with a maximum benefit of 75%. Ordinance No. 33 -10 effective October 5, 2010,changed the norm al form of benefit from a 60% joint and survivor annuity to a life annuity. T his change does not apply to members who are within ten years of norm al retirement eligibility as of October 5, 2010. Effective July 2005 participants have the option of a 3% multiplier with a maximum benefit of 90%. Em ployees selecting this option wi ll contribute an additional 3.45% of earnings. There wa s also an option of purchasing all or a portion of prior service at the increased multiplier. Other Benefits —The system also provides for optional retirem ent benefits, early retirem ent, extended retirement, disability retirement and death benefits. Deferred Retirement Option Plan (DROP)—Employ ees with 10 years of credited service and eligible for norm al retireme nt have the option of entering the DROP plan. When entering the DROP plan, the em ploy ee will not terminate emp loyment with the City but will cease accruing a pension benefit ,and the mo nthlybenefit under the applicable plan as of the election date will be directed to a self -administered 401(a) Plan. After a maximum of 60 months, the employee must terminate employment with the City. Employee Contributions —Ordinance No. 33 -10 e ffective October 5, 2010, changed the contribution am ount from 2.5% of the employ ee's basic annual compensation to 3.05%.If the employee chooses the 3% multiplier,there is an additional contribution of 3.45% for a total of 6.5%.If an em ployee leaves covered em ployment or dies before five years of credited service, accumulated employ ee contributions are refunded to the employee or the designated beneficiary. City Contributions —City contributions are based upon actuarially determined am ounts, wh ich together with earnings and employee contributions, are sufficient to fund the plan. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 55 13 . Pension Plans (Continued) Police and Firefighters ’Retirement System Fund -The benefit provisions and all other requirements of the Police and Firefighters ’Retirement System Fund are established by City Ordinance and are summarized as follows: The fu nding methods and determ ination of b enefits pay able are provided in the various acts of the Florida Legislature, which created the fund. The statutes provide, in general, that funds are to be accumulated from em ploy ee contributions, City contributions, sta te appropriations and income from investment of accumulated funds. The act also provides that, should the accumulated funds at any t ime be insufficient to meet and pay the benefits due, the City shall supplement the fund by a n appropriation from current fu nds, or from any revenues which may lawfully be used for said purposes in an amount sufficient to make up the deficiency. The operations of the fund are adm inistered and managed by the Police and Firefighters’ Retirement System Board of Trustees, consistin g of tw o outside commission appointees, tw o designees from the chief(s), one member of each department ele cted by the membership and the M ayor of the City. Vesting —Benefits fully vest after 10 years of service. Eligibility for Normal Retirement —Upon comp letion of 20 years of service regardless of age. Annual Retirement Benefit —Normal retirement benefits are based upon 2.5% of average mo nthly earnings times years of service with a ma ximum benefit of 75% up to 20 years. After 20 years of service, a 3% mult iplier is used for each ye ar of service. Em ploy ees who w ere actively em ploy ed as of March 15, 2004 may elec t a norm al retirement benefit using a 3.5% mu ltiplier for each year of service o nce 20 years of service is attained with a maximum of 87.5%. Employee s selecting this opti on will contribute an additiona l 3% of earnings. The normal r etirement benefit is pay able over the rem aining life of the member, and upon death 100% of the benefit is payable to the spouse for one year and 60% therea fter until death or rem arriage. Other Benefits —The plan also provides for disability retirement and death benefits. Deferred Retirement Option Plan (DROP)—Em ployees with 20 years of credited service have the option of entering the DROP plan. When entering the DROP plan, th e employ ee will not terminate em ployment with the City, but will cease accruing a pension benefit under the plan, and the mo nthly benefit as of t he election date will be directed to a self -administered 401(a) plan. After a maximum of 60 mo nths, the em ploy e e must terminate employment with the City. Employee Contributions —Ordinance No. 15 -11 effective May 3 , 2011,changed the contribution am ount for firefighters to 6% of annual com pensatio n. F irefighters who select a 3.5%multiplier will contribute 9%.If a n em ployee leaves covered employment prior to vesting, contributions are refunded to the em ploy ee with interest. State of Florida Contributions —Pursuant to Chapters 175 and 185 of the Florida Statutes, a premium tax on certain casualty insurance contracts written on properties withi n the City i s collected by the s tate and rem itted to the City annually for the Police and Firefighters ’Retirement System Fund. City Contributions —City contributions are based upon actuarially determined am ounts which, together with earnings, employee and state contributions, are sufficient to fund the plan. Related Party Transactions There we re no City securities included in the assets of the General Em ploy ees’ Pension Fund or the Police and Firefighters’ Retirement System Fu nd. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 56 13. Pension Plans (Continued) Mem bership Mem bership data of the City’s pen sion plans as of October 1, 2010 , the date of the most recent actuarial valuations , is summarized as follows: General Employees ’ Pension Fund Police and Firefighters ’ Retirem ent System Fund Retirees and beneficiaries receiving benefits 223 182 Term inated employees entitled to benefits but not receiving them 44 5 Active members 424 246 Actuarial Methods and Significant Assumptions The actuarial me thods and significant assumptions used to determine the annual required contribution s for the current year are summarized as follows: General Employees ’ Pension Fund Police and Firefighters ’ Retirem ent System Fund Valuatio n date October 1, 2010 October 1, 2010 Actuarial cost method Entry Age Normal Entry Age Normal Post retirement benefit increases None Annual increase of 1%plus that which can be funded by State revenue Amortization method Level Dollar, Closed Level Percent of Payroll –Closed Remaining amortization period 25 years 30 years Asset valuation method Recognition of 20% of difference betw een m arket value of assets and expected actuarial asset value 4 year Smoot h Market Actuarial assumptions: Investment rate of return *7.25%8.1 0% Projected salary increases*4.4 %-7.2% based on service 6.25 % Cost of living increases N/A 1.00% * Includes inflation rate 3.00%3 .00% The projection of benefits for financial reporting purposes does not explicitly incorporate the potential effects of legal or contractual funding limitations. Contribution Requirements and Contributions Made The Florida Legislature, City Commission and each Pension Board govern the City and employee contribution requirements for both plans. The City ’s contribution to the plans is an actuarially determined periodic amount to Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 57 13. Pension Plans (Continued) en sure that sufficient assets will be available to pay benefits when due. Annual pension costs and contribution information for the last three fiscal years are as follows: Year Ended September 30 Annual Pension Cost Percentage Contributed Net Pension Obligation (Asset) General Employees ’Pension Fund 201 1 $2,305,392 100 %$0 2010 2,996,262 100 0 2009 2,502,936 100 0 Police and Firefighters ’Retirem ent System Fund 2011 $6,986,34 8 100%$(133,794) 20 10 5 ,385,422 100 (58,412) 200 9 5,612,311 100 (62,025 ) The changes in the City’s net pension asset related to the Police and Firefighters ’Retirement System Fund for the current year were as follows: Annual required contribution (ARC)$6,982,94 6 In terest on net pension obligation (NPO)(4,965 ) Adjustment to ARC 8,367 Annual pension cost 6,986,348 Contributions made 7,061,730 Increase (decrease) in NPO (75,382) NPO (asset) at October 1, 2010 (58,412 ) N PO (asset) at September 30, 2011 $(133,794 ) Funded Status and Funding Progress The funded status of t he plans as of October 1, 2009 , the mo st recent actuarial valuation date, is as follows (dollar am ounts in thousands): Plan Actuarial Valuation Date Value of Assets (a) Actuarial Accrued Liability (AAL) Entry Age (b) Unfunded (UAAL) (b -a) Funded Ratio (a/b) Covered Payroll (c) UAAL as a Percentage of Covered Payroll [(b -a)/c] General Em ploy ees Police & Firefighters 10/1/2010 10/1/2010 $87,826,931 121,589,339 $91,096,027 196,961,908 $ 3,26 9,096 75,372,569 96.4 % 61.7 % $18,988,947 19,165,228 17.2 % 393.3% The schedules of funding progress presented as required supplementary information (RSI) following the notes to the financial statements, present multiyear trend informatio n about whether the actuarial values of plan assets are increasing or decreasing over time relative to the actuarial accrued liability for benefits. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 58 13. Pension Plans (Continued) Pension Plan Financial Statements The General Employees ’Pension Fund does not issue a publicly available financial report. The financial statements for the General Employees ’Pension Fund as of and for the year ended September 30, 2011 are as follow s: State me nt of Plan Net Assets ASSETS Cash and cash equivalents Investments: Equity securities and mutual funds Alternative investments Em ploy ee contributions receivable Prepaid expenses Interest and dividends receivable $503,414 14,852,313 62,437,784 38,580 75,678 30,296 Total assets 77,938,065 LIABILITIES Accounts payable 36,166 Total liabilities 36,166 NET ASSETS held in trust for pension benefits $77,901,899 Statem ent of Changes in Plan Net Assets ADDITIONS Contributions: Employer $2,305,392 Plan members 679,141 Total contributions 2,984,533 Investment earnings Net appreciation in fair value of investments 722,257 Interest and d ividends 288,906 1,011,163 Less investment expenses –custodian fees 134,188 Net investment income Other income 876,975 40,783 Total additions 3,902,291 DEDUCTIONS Benefits Refunds of contributions Other operati ng expenses 3,859,290 44,546 137,967 Total deductions 4,041,803 Change in net assets (139 ,512) Net Assets at October 1, 2010 78,041,411 Net Assets at September 30, 2011 $77,901,899 The Police and Firefighters’ Retirement System Fund issues a publicly available financial report that includes financial statements and required supplementary information. That report ma y be obtained by writing to the City of Delray Beach, 100 NW 1 st Avenue, Delray Beach, FL 33444 or by calling (561) 243 -7012. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 59 13. Pension Plans (Continued) Significant Accounting Policies Basis of Accounting -The City’s financial statements for the tw o pension funds are prepared using the accrual basis of accounting. Employ er and plan member contributions are recognized in the period that contributions are due. Retirement benefits and refunds are recognized when due and payable in accordance with the terms of the plans. Method Used to Value Investments -Investments in the two pension funds are reported at fair value determined by the independent custodian for each plan using various third -party pricing sources. Other Employee Benefit Plans For em p loy ees not covered by one of the City ’s pension plans, the City c ontributed 9.5% of the base salary to the ICMA 457 Deferred Com pensation Plan up to allowable limits. In 1996 the City instituted a 401(a) plan for department heads with a 3% match (Resolutio n 17 -97). In 2000, this program wa s opened to certain eligible management and key em ployees to contribute up to 3% of their base salary to the ICMA Deferred Com pensation Plan or 3% of their base salary to the ICMA 401(a) Plan with the City matching the con tribution (A dm inistrative Policy EB -15). Employees who w ere eligible to participate in the 401(a) Plan could exceed the 3% contribution with after tax dollars. All contributions are in accordance with Internal Revenue Service regulations. Activity in the 4 01(a) Plan for the year ended September 30, 2011 is summarized as follows: Balance at October 1, 2010 $565,498 Em ploy er contributions 34,741 Em ploy ee contributions 34,741 Investment loss (8,599) Distributions (23,358 ) Balance at September 30, 2011 $603,023 The City has im plem ented a VantageCare Retirement He alth Savings Plan which allows em ploy ees in the calendar year prior to termination (retirement), to m ake an election to deposit tax free part or all of their accumulated sick and vacation pay i nto the Plan. The Plan wo uld then allow tax free withdraw als if the funds are used for qualified medical expenses. The effective date of the Plan wa s August 2002. In March 2007, the City was notified by I CMA, the administrator of VantageCare Retirement Health Savings Plan that all voluntary contributions must cease im mediately. Therefore, contributions were allowed until December 31, 2007 if the emp loy ee made the election prior to December 31, 2006. Balance at October 1, 2010 $466,049 Investment loss (5,534) Servicef ee s (1,861 ) Distributions (70,770 ) Balance as of September 30, 2011 $387,884 14.Other Postem ployment Benefits (OPEB) Description of the Plans The City ’s other postemployment b enefit (OPEB) plans are described as follow s: OPEB Plan -The City adm inisters a single -em plo yer defined benefit plan (the “OPEB Plan ”) that provides medical and life insurance benefits to eligible retired em ploy ees and their beneficiaries. The City Commi ssion has the authority to establish and amend premiums for and the benefit provisions of the OPEB Plan. The OPEB Plan is Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 60 14.Other Postem ployment Benefits (OPEB) financed on a “pay -as -you-go ”basis and is not administere d as a formal qualifying trust. Th e OPEB Plan does not issue a publi cly available financial report. Florida Statute 112.0801 requires the City to allow retirees to buy healthcare coverage at the same group insurance rates th at current employees are charged resulting in an implicit healthc are benefit. The State of Florida prohibits the OPEB Plan from separately rating retirees and active employ ees. Therefore, both groups (active and retirees) are charged an equal, blended rate premium. Although both groups are charged the same blended rate premium, GAAP requires the actuarial figures to be calculated using age adjusted premiums approximating claim costs for retirees separate from active em ploy ees . The use of age adjusted prem iums results in the addition of an im plicit rate subsidy into the a ctuarial accrued liability. OPEB Plan members receiving benefits contribute 100% of the monthly premium s ranging from a minimum of $423 to a maximum of $848 fo r medical/prescription coverage and at a rate of $.33 per $1,000 of the face value for life insur ance coverage. Delray Beach Police, Firef ighters & Paramedics Retiree Benefit Fund -T he Delray Beach Police, Firef ighters & Paramedic s Retiree Benefit Fund (the “Retiree Benefit Fund ”) is a single -em ploy er defined benefit plan established for the purpos e of p roviding full or partial reim bursement for health insurance prem iums or other qualified benefits permitted under Section 501(c)(9) of the Internal Revenue Code . The Retiree Benefit Fund wa s established pursuant to collective bargaining agreem ents bet ween the City and the Professional Firefighters & Paramedics of Delra y Beach, Local 1842, IAFF and the Police Benevolent Association (PBA). A Trust was created on May 14, 2002 and is adm inistere d by a separate Board of Trustees consist ing of seven individu als, including the President of th e Local 1842 ,IAFF, five union representatives (three PBA, tw o Local 1842 ,IAFF) and a non-bargaining unit active firefighter elected by n on -bargaining unit participants. The City is neither the trustee nor the adm inistrat or of the Retiree Benefit Fund. Accordingly, since the City does not control, have access to or hold any assets of the Trust and has no reversionary rights in the assets of the Trust, the Retiree Benefit Fund is not reported as a fiduciary fund of the City . The Retiree Benefit Fund does not issue a publicly available financial report. Participants in the Retiree Benefit Fund include persons em ploy ed by the City of Delray B each Fire Rescue Department as certified firefighters or param edics on or after Octob er 1, 2001 ;persons em ploy ed by the City of Delray Beach Police Department as certified la w enforcement officers on or after October 1, 2004; and, c ertain Police and Fir e Rescue department em ploy ees for who m contributions were made for e ach year since Octo ber 1, 2001, regardless of the employee ’s certification as a firefighter , param edic or law e nforcem ent officer . Participants are eligible for benefits on or after the first day o f the mo nth following the date of their retirement from the City . The Retiree Benefit Fund currently does not require contributions from participants. The obligation of the City t o fund the Retiree Benefit Fund is established by the applicable collective bargaining agreements in effect b etween the City and the unions.The Retiree Be nefit Fund provides for a mi nimum annual benefit of $3,900 for covered em ploy ees that are not certified as firefighters , param edics or law e nforcement officers.For certified firefighters , paramedics and law enforcement officers, the Retiree Benefit Fund p rovides for an annual benefit of $5,200 reduced 3% per year for service less than 25 years, and increased 3% per year for service greater than 25 years. Actuarial Methods and Significant Assumptions The actuarial me thods and significant assumptions used to determine the annual required contributions for the current year and the plans’ funded status are summarized as follow s: OPEB Plan Retiree Benefit Fund Valuation date October 1, 2010 October 1, 2008 Actuarial cost method Entry Age Normal En try Age Normal Post retirement benefit increases None None Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 61 14. Other Postem ployment Benefits (OPEB) (Continued) OPEB Plan Retiree Benefit Fund Health care cost trend rates 10% per year initially ,reduced annually by .5% to an ultimate rate of 5% in 2018 N/A –Benefits are for fixed amounts and do not adjust for changes in health care costs Amortization method Level Percent of Payroll –Closed Level Percent of Payroll –Closed Remaining amortization period 29 years 23 –29 years Asset valuation method N/A (1)Market Value of Assets Actuarial assumptions: Investment rate of return 4.5%(2)8.0% net of investment related expenses Projected salary increases*3.0 -4.0%6.25% * Includes inflation rate 3.0%4.00% (1)The plan is funded on a pay -as -you-go basis and is not administered as a formal qualifying trust. There we re no p lan assets as of October 1, 2010 , the date of the most recent valuation. (2)Since there are currently no invested plan assets held in trust to f inance the OPEB obligations, the investment rate of return is the long -term expectation of investment return on assets held in City funds pursuant to its investment p olicy. Actuarial valuations involve estimates of t he value of r eported amo unts and assum ptions about the probability of events far into the future. Ac tuarially determined am ounts are subject to continual revision as actual results are compared to past expectations and new estimates are made about the future. Projections of benefits are based on the ty pes of benefits provided under the substantive plan at the time of e ach valuation and on the pattern of s haring of benefit costs betw een the em ploy er and plan members to that point. In addition, projections of benefits for financial reporting purp oses do not explicitly incorporate the potential effects of legal or contractual funding limitations on the pattern of c ost sharing betw een the em ployer and plan memb ers in the future. Actuarial calculations reflect a long -term perspective and accordingly,actuarial methods and assumptions used include techniques that are designed to reduce short -term volatility in actuarial accrued liabilities and the actuarial value of assets. Contribution Requirements and Contributions Made The annual OPEB cost is calc ulated based on the annual required contribution of the em ploy er (ARC), an am ount actuarially determined in accordance wi th the param eters of Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover t he normal cost each year and the amortization on any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years. Annual OPEB costs and contribut ion information for the last three fiscal year s are as follows: Year Ended September 30 Annual OPEB Cost Percentage Contributed Net OPEB Obligation (Asset) OPEB Plan 2011 $1,230,663 42 %$1,925,071 2010 999,504 74 1,205,343 2009 949,409 0 949,409 Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 62 14.Other Postem ployment Benefits (OPEB) (Continued ) Year Ended September 30 Annual OPEB Cost Percentage Contributed Net OPEB Obligation (Asset) Retiree Benefit Fund 2011 $572,664 115 %$(268,352 ) 2010 574,563 115 (180,161) 2009 576,584 116 (92,883 ) The changes in the City’s net OPEB obligation (asset) related to the OPEB Plan and Retir ee Benefit Fund for the year ended September 30, 2011 we re as follows: OPEB Plan Retiree Benefit Fund Total Annual re quired contribution Interest on net OPEB obligation (asset) Adjustment to annual required contribution $1,222,316 54,240 (45,893 ) $576,584 (14,413 ) 10,493 $1,798,900 39,827 (35,400 ) Annual OPEB cost Contributions made 1,230,663 (5 10,935 ) 572,664 (660,855 ) 1,803,327 (1,171,790 ) Increase in net OPEB obligation (asset) Net OPEB obligation at October 1, 2010 719,728 1,205,343 (88,191 ) (180,161 ) 631,537 1,025,182 N et OPEB obligation (asset) at September 30, 2011 $1,925,071 $(268,352 )$1,656,719 Funded Status and Funding Progress The funded status of the OPEB Plan and Retiree Benef it Fund as of the mo st recent actuarial valuation date is as follows (dollar amounts in thousands): Plan Actuarial Valuation Date Value of Assets (a) Actuarial Accrued Liability (AAL) Entry Age (b) Unfunded (UAAL) (b -a) Funded Ratio (a/b) Covered Payroll (c) UAAL as a Percentage of Covered Payroll [(b -a)/c] OPEB Plan Retiree Benefit Fund 10/1/2010 10/1/200 8 $0 2,057 $15,472,507 7,970 $15,472,507 5,913 0 .0 % 25.8 $43,370,206 20,257 35.68 % 29.2 0 The s chedule of funding progress is intended to presen t multiyear trend information about whether the actuarial values of plan assets are increasing or decreasing over time relative to the actuarial accrued liability for benefits. 15 . Self -Insurance Program The City has a Managed Retention, Protected Self -Insurance Program whereby the City is mainly self -insured for liability coverage. Workers ’compensation, fidelity and property coverage are insured with large deductible self - insured retentions. There we re n o significant changes in insurance coverage from the prior year and the am ounts of Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 63 15. Self -Insurance Program (Continued) settlements did not exceed insurance coverage for any of t he past three years. A loss fund of $1,950,000 ma ximum applies per year over which an aggregate coverage of $1,000,000 of commercial insurance wo uld apply should the loss fund be exhausted in a given year. The City also ma intains a self -insured health plan with Cigna as the third - p arty administrator . The City is self -insured up to a stop loss of $100,000 per claim and has purchased excess insurance for claims exceeding the stop loss for individual and aggregate claims. Contributions from other funds are made as needed to me et the estimated payments resulting from purchased and self -insurance programs, and operating expenses based on the City’s historical experience and a case-by -case evaluation of claims. For the year ended September 30, 2011 , contributions of $11,807,702 we re made to the Insurance Fund by o ther funds and are reflected as interfund services provided and used in the accom panying financial statements. The City has recorded a claims liability of $3,996,911 ($1,471,930 current and $2,524,981 long -term ) at September 30, 2011 , which is a decrease of $268,308 from the prior year. The decrease reflects slower claim s development for all lines of insurance and a reduction in very large claims. The liability falls within the actuarially determined range, from an actuarial valuation for all claims based upon the date the loss wa s incurred and includes a provision for claims incurred but not yet reported (IBNR). The following summarizes th e claims liability activity for the current and prior year: Balance at September 30, 2009 $4,714,863 Claims incurred 8,229,290 Claims paid (8,678,934) Balance at September 30, 2010 4,265,219 Claims incurred 7,889,430 Claims paid (8,157,738 ) Balanc e at September 30, 2011 $3,9 96,911 The claimsliability at September 30, 2011 and 2010 is summarized as follows: 2011 2010 Current $1,471,930 $1,603,342 Non -current 2,524,9812,661,877 $3,996,911 $4,265,219 16 . Related Party Transactions The CRA is a com ponent unit of the City of D elray B each, Florida. For the year ended September 30, 2011 the CRA ’s tax increment revenues include $6,418,010 received from the City . CRA expenditures for the year ended September 30, 2011 , include charges of a pproximately $1,439,617 for contractual services provided by the City t o the CRA in connection with various adm inistrative an d developm ent activities and a $5 95,400 sp onsorship of City tennis tournaments . The CRA also received $128 ,000 in reimbursements from t he City for completed projects.At September 30, 2011 , the CRA had a payable to the City of $623,625 for reimbursement of certain administrative and redevelopment expenditures and a receivable of $50,000 from the City for a construction advance. 17 . Expenditures in Excess of Appropriations For the year ended September 30, 2011 expe nditures exceeded the budgeted appropriations for the following General Fund departme nts: Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 64 17. Expenditures in Excess of Appropriations (Continued) General Government City m anager $646 Cemete ry 10,677 Miscellaneous g rants Miscellaneous (non departmental ) 5,302 4,068 The excess expenditures were offset by savings in other City departments. Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency For the year e nded September 30, 2011 expenditures exceeded the final budgeted appropriations for the following General Fund functions: Economic Development : Redevelopment Projects Community I mp rovement and Economic Development $50,522 51 18 . Commitments and Contingencies Contract Commitments The City has various long -term c ontractual obligations for construction projects on which wo rk has not been completed. The remaining commitments on these obligations at September 30, 2011 we re as follows: Capital Projects funds $2,291,112 Water and Sew er Fund 2,512,709 Stormwater Utility Fund 278,678 $5,082,499 Payments from the Water and Sew er Fund and Stormwater Utility Fund for wo rk in progress have been capitalized as construction in progress in the respective F und. The projects financed by t he capital projects funds have been capitalized in the government -wide financial statements as construction in progress. Litigation, Claims and Assessments The City is a defendant in certain lawsuits and is involved in other legal matters occurring in the norm al course of operations. While the ultimate outcome of the se matters cannot be determined at this time, in the opinion of the City and its management, no material losses in excess of estimated liabilities or insured limits are expected to result from the settlement of these claims. Grants The grant revenues rec eived by the City are subject to audit and adjustment by the grantor agencies, principally the Federal government and the State of Florida. If expenditures are disallow ed by the grantor agencies as a result of such an audit, any claim for reim bursement wo u ld be a liability of th e City. In the opinion of management, all grant expenditures are in compliance w ith the terms of the grant and applicable federal and state laws and regulations. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 65 18. Commitments and Contingencies (Continued) Debt Service Reserve Surety Bond The City’s Utility Tax Revenue Bonds (Series 2002 and 2007) and Water and Sewer Revenue Bonds (Series 1993 and 1997), collectively the “B onds”,require the City to maintain a debt service reserve equivalent to the maximum pri ncipal and intere st due on the B onds in any year through maturity. The Bond s’resolutions provide that the City may purchase a credit facility for the debt service reserve requirement from an institution with the highest credit rating for municipal bonds insured or guarant eed by t hat institution. The City purchased surety bond s from Ambac Assurance Corporation (AMBAC), MBIA Assurance Corp. (MBIA) and Financial Security Assurance Holdings Ltd. (FSA) to satisfy the debt service reserve requirement fo r the Bonds at the date of issue . At September 30, 2011 AMB AC , MBIA and FSA had credit ratings that were less than the highest rating from Moody’s Investor Service, Inc .(Moody’s) and Standard &Poor’s (S&P)or h ad their ratings withdrawn by t hese agencies .In addition, i n November 2010 ,AMBAC petitioned for relief under Chapter 11 of the United States Bankruptcy Code .City management , in consultation with bond counsel, has determined that the City is not required to obtain surety bond s or provide cash and investments to replace the sureties on hand at September 30, 2011 .The Bonds outstanding at September 30, 2011 have a credit rating no low er than the City’s underlying rating of AA -from S&P . Operating Lease The City entered into a lease agreement with the Delray Beach Community Redevelopment Agency on January 11, 2010 for 1 0,289 square feet of commercial space on the first floor of the City’s Old School Square parking garage. The term of the lease is 5 y ears from February 1, 2010 through January 31, 2015 and rent is $150,000 payable annually in arrears on the annivers ary dat e of the lease. The CRA wa s responsible for the build out of the leased space. Th e aggregate remaining payments due to the City on the lease at September 30, 2011 we re $600,000. Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency CRA Contract Commitments : A t September 30, 2011 the CRA had outstanding construction commitments consisting of the following: Total Proj ect Authorization Expended Through September 30, 2011 Retainage Payable at September 30, 2011 Rema ining Commitment at September 30, 2011 NE 3 rd Avenue Parking Lot SW 5 th Avenue Parking Lot Spady Other projects $151,391 257,51 0 160,420 1,375 $570,696 $46,024 86,562 138,725 - $271,311 $2,714 6,597 15,413 - $24,724 $105,367 170,948 21,695 1,375 $299,385 In addition, the CRA entered into an interlocal agreement with the City to provide funding of $3,897,500 to th e City for various City c onstruction projects planned for the year ending September 30, 2012 . The CRA also contracted with the City for various administrative services and budgeted approximately $300,000 for those services for the year ending September 30,2012 . Lease Commitment s:On August 26, 2010 the CRA entered into an agreement to sublease 5,000 square feet of commercial space on the first floor the Old School Square parking garage to the Puppetry Arts Center of the Palm Beaches, Inc. for $400 per mon th for a tw o year term c ommencing December 1, 2010 (or upon the issuance of a certificate of occupancy). T he sublease includes two options to extend the lease through January 31, 2015.Th e subleased property is a portion of 10,289 square feet of commercia l space leased by the CRA from the City through January 31, 2015 . Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 66 18. Commitments and Contingencies (Continued) T he CRA lease with the City provides for rent of $150,000 payable annually in arrears on the anniversary date of the lease. The CRA is responsible for the build out of the leased space. The CRA plans to build out the remaining space and sublet portions of the space to not -for -profit organizations for arts related uses.The aggregate remaining payments on the lease ow ed by the CRA to the City at September 30, 2011 we re $600,000. Operating Grants : The CRA entered into agreements with the following organizations to provide funding for their operations during the year ending September 30, 201 2: City of Delra y Beach –Clean and Safe Program City of Delray Beach –International Tennis Championships City of Delray Beach –Irrigation and Landscape Maintenance Delray Beach Community Land Trust, Inc. Delray Beach Public Library Association, Inc. Downtown Marketing Cooperative $1,144,795 535 ,000 23 ,000 250 ,000 308 ,000 280,000 Old School Square, Inc. EPOCH, Inc. Total Grant Commitments 285 ,000 118,180 $2,943,975 The CRA also entered into a grant agreem ent with Village Square Family, LTD to provide $100,000 of assistance with the funding for the developm ent of a s ite formerly known as Carver Estates. T he grant is contingent upon Village Square Family, LTD obtaining tax exempt financing in conjunction with the issuance of tax exempt bo nds. Delray Beach Public Library : The CRA entered into an agreement dated July 1, 2003, with the City and the Delra y Beach Public Library Association, Inc. (the “Library”) for relocation of the Delray Beach Public Library to its current location on West A tlantic Avenue. Under the terms of the agreement, the CRA in 2005 exchanged the parcel of property ow ned by t he CRA on West Atlantic Avenue with a carry ing value of approximately $509,000 for the former library site ow ned by t he City. The CRA also agreed t hat in the event it disposes of the former library site, any proceeds in excess of $1.7 million, plus all related selling expenses incurred by the CRA, will be paid to the City. The CRA also assumed the City’s lease agreement with the Greater Delray Beach Chamber of Commerce (the “Chamber”) for the former library site. The lease requires no payment from the Chamber and expires on January 31, 2060. In February 2008, the CRA entered into a Purchase and Sale Agreement (the “Agreement) to sell the former libr ary property to a private developer for $3 million. In connection with the Agreement, the CRA entered into a Relocation Agreement with the Chamber whereby the Chamber will cancel its lease and vacate the former library site and mo ve to new commercial space on the first floor of the Old School Square parking garage. At the time of closing on the Agreement, the CRA will pay the City $315,450 to purchase the commercial space to be occupied by the Chamber. Closing on the Agreement will occur after completion o f the development project as outlined in the Agreement, which has a termination date of September 1, 2012. The carrying value of the property is approximately $700,000 at September 30, 2011. Property Acquisition : A t Septem ber 30, 2011 the CRA had a contract to purchase redevelopment property for $96,0 00. The property purcha se w as com pleted in October 2011 . 19. Subsequent Event s Installment Agreement : O n December 6, 2011 the City app roved an installment agreement for the purchase of public s afety communications equipment for $825,000 w ith interest at 1.855% for 84 months. Ci ty of Delray Beach, Florida Notes to Financial Statements September 30, 2011 67 19. Subsequent Event s (Continued) Bond Issuance : On October 18, 2011, the City iss ued $8,160,000 Water and Sew e r Revenue Refunding Bonds, Series 2011B (the “Series 201 1B Bonds ”) to refund the outstanding principal balance of $9,000 ,000 on the Water and Sewer Revenue Bonds -Series 2007 . T he refunding resulted in an econom ic gain (the difference between the present value of the debt service payments of the refunded and refunding bonds) of $1,105,443 and reduced the total debt service payments by $1,290,485 . The Series 201 1B Bonds are payable from and secured by t he proceeds from pledged net revenues of the system (as defined in the bond agreement).Interest on the Series 201 1B Bonds is payable at 2.21 % on April 1 st and October 1 st beginning on April 1, 201 2 . Principal payments on the Series 201 1B Bonds are due October 1 st , beginning on October 1, 201 2 through matur ity on October 1, 202 1 and are summarized as follows: Year Ending September 30 Principal 2012 2013 2014 2015 2016 2017 -2021 2022 $- 285,000 280,000 285,000 980,000 5,210,000 1,120,000 $8,160,000 Required Supplementary Information Variance with Final Budget - Actual Positive Original Final Amounts (Negative) REVENUES Taxes 62,100,190 $ 57,739,830 $ 58,241,812 $ 501,982 $ Fees and permits 9,905,210 7,762,320 7,957,960 195,640 In tergovernmental 5,814,220 6,195,349 6,188,502 (6,847) Charges for services 8,565,380 9,422,240 8,857,080 (565,160) Fines and forfeitures 821,700 940,500 1,072,260 131,760 Miscellaneous 5,363,720 5,868,287 5,831,304 (36,983) Total Revenues 92,570,420 87,928,526 88,148,918 220,392 EXPENDITURES General government City commission 229,210 244,889 222,816 22,073 City manager 516,560 529,742 530,388 (646) Human resources 514,230 520,340 518,549 1,791 Public information office 94,190 108,160 104,535 3,625 City clerk 562,850 539,310 519,935 19,375 Finance 1,611,500 1,638,530 1,580,070 58,460 In formation technology 1,575,560 1,592,810 1,548,853 43,957 City attorney 851,380 896,494 790,389 106,105 Administrative services administration 636,380 641,890 620,809 21,081 Clean and Safe 225,900 201,420 201,056 364 Cemetery 360,980 362,960 373,637 (10,677) Old School Square 194,750 194,750 194,750 - Li brary 1,453,500 1,453,500 1,453,500 - Miscellaneous grants 158,250 208,250 213,552 (5,302) Transfers to component units 6,456,030 6,446,350 6,418,010 28,340 Miscellaneous (nondepartmental)27,700 38,233 42,301 (4,068) Public safety La w enforcement 26,241,690 27,271,391 26,553,512 717,879 Fire control 22,145,020 22,450,235 22,262,414 187,821 Community improvement administration 449,450 452,020 445,512 6,508 Planning and zoning 1,123,050 1,142,216 1,116,306 25,910 Building inspection 1,292,800 1,288,620 1,256,552 32,068 Code compliance 938,220 963,320 953,191 10,129 Physical environment Engineering 208,020 277,520 247,720 29,800 Parking facilities 982,730 978,190 881,957 96,233 Public works:2,794,290 2,817,890 2,687,072 130,818 Parks and recreation 12,309,780 12,383,000 12,076,715 306,285 Debt service 5,136,520 5,048,520 5,012,566 35,954 Total Expenditures 89,090,540 90,690,550 88,826,667 1,863,883 Excess of Revenues Over (Under) Expenditures 3,479,880 (2,762,024) (677,749) 2,084,275 OTHER FINANCING SOURCES (USES) Transfers in 3,722,130 3,720,390 3,720,390 - Transfers out (4,264,170) (4,264,328) (4,243,894) 20,434 Total Other Financing Sources (Uses)(542,040) (543,938) (523,504) 20,434 Net change in fund balance 2,937,840 $ (3,305,962)$ (1,201,253) 2,104,709 $ Fund balance - October 1, 2010 24,061,578 Difference between GAAP and budgetary basis (108,270) Fund balance - September 30, 2011 22,752,055 $ The notes to budgetary comparison schedule are an integral part of this schedule. Budgeted Amounts CI TY OF DELRAY BEACH, FLORIDA BUDGETARY COMPARI SON SCHEDULE GENERAL FUND For the Fiscal Year Ended September 30, 2011 68 City of Delray Beach, Florida Notes to Budgetary Comparison Schedule September 30, 2011 69 1. Budgetary Accounting State of Florida Statutes require that all municipal governments establish budgetary systems and approve an annual operating budget . The City C ommission annually adopts an operating budget and appropriates funds for the General Fun d. Other funds are not legally required to adopt a budget. The budget procedures are generally as follows: Prior to September 1, the City Manager submits to the City C om mission a proposed operating budget prepared for the fiscal year commencing the follow ing October 1. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted to obtain taxpayer comments. The City advises the County Property Appraiser of the proposed mi llage rate and the date, tim e and place of the public hearing for budget acceptance. The budget and related millage rate are legally enacted by resolution. Changes or amendm ents to the budget of t he City or a department must be approved by t he City Commission; however, changes with in a department which do not affect the total departmental expenditures may be approved at the administrative level by the City Manager. Accordingly, the legal level of control is at the department level. The appropriated budget legally adopted for the Ge neral Fund is on the same mo dified -accrual basis used to reflect revenues and expenditures, except that for budgetary purposes, current year encum brances are treated as expenditure s, on -behalf payments from the state for police and f irefighters’ pension be nefits are not budgeted and capital outlays are reflected as current expenditures within each governmental function. The City Commission approved budget am endments totaling $1,600,168 during t he year ended September 30, 2011 , which increased the original General Fund appropriations (expenditures and transfers out) from $93,354,710to a revised total of $94,954,878 . 2. Budget and Actual Comparisons The budgetary com parison schedule for the General Fund is prepared on the basis of accounting used in preparing the appropriated bud get. As indicated in Note 1 , current year encumbrances are treated as expenditures for budgetary purposes and on -behalf payments are not budgeted . In addition, for budgetary purposes, the proc eeds from the sale of capital assets are included in miscellaneous revenues but are considered an “other financing source” for GAAP. As a result, the General Fund revenue s and expenditures reported in the budgetary com parison schedule differ from the reven ues and expenditures reported on the basis of GAAP. These differences can be reconciled as follows: Revenue s Expenditures Current year encumbrances outstanding at year end $-$151,013 Prior year encumbrances paid in the current year -(259 ,2 83 ) Net encumbered expenditures -(108,270 ) On -behalf payments for pension benefits (1,614,377 )(1,614,377 ) Proceeds from sale of capital assets 1,903 - Net differences -GAAP and budgetary basis (1,612,474 )(1,722,647 ) GAAP basis 89 ,761,392 90,549,314 B udgetary basis $88,148,918 $88,826,667 Actuarial Valuation Date Actuarial Value of Assets (a) Actuarial Accrued Liability (AAL)— Entry Age (b) Unfunded (Assets in Excess of) AAL (b-a) Covered Payroll (c) 10/1/2005 61,455,670 $ 62,126,597 $ 670,927 $ 98.9 % 16,203,652 $ 4.1 % 10/1/2006 70,326,850 71,373,310 1,046,460 98.5 16,839,131 6.2 10/1/2007 77,436,230 78,839,518 1,403,288 98.2 17,817,350 7.9 10/1/2008 80,987,834 84,913,592 3,925,758 95.4 18,990,051 20.7 10/1/2009 84,476,640 90,079,371 5,602,731 93.8 19,359,146 28.9 10/1/2010 87,826,931 91,096,027 3,269,096 96.4 18,988,947 17.2 Actuarial Valuation Date Actuarial Value of Assets (a) Actuarial Accrued Liability (AAL)— Entry Age (b) Unfunded (Assets in Excess of) AAL (b-a) Covered Payroll (c) 10/1/2005 87,160,398 $ 123,307,335 $ 36,146,937 $ 70.7 % 15,005,297 $ 240.9 % 10/1/2006 93,291,628 134,029,918 40,738,290 69.6 15,143,925 269.0 10/1/2007 120,659,009 154,278,004 33,618,995 78.2 16,893,879 199.0 10/1/2008 119,979,020 169,034,580 49,055,560 71.0 17,564,005 279.3 10/1/2009 117,804,614 182,523,094 64,718,480 64.5 17,901,995 361.5 10/1/2010 121,589,339 196,961,908 75,372,569 61.7 19,165,228 393.3 Note:During the fiscal year ended September 30,2009,the asset valuation method was changed to Actuarial Value of Assets (AVA) from a five year smoothed market for the Police and Firefighters'Retirement System Plan.With this change,the development of the Market Value of Assets (MVA)also changed resulting in the receivable for the City contribution for the fiscal year following the valuation date, to no longer be included in the MVA. The investment return assumption was also changed from 8.4% to 8.3% per year. September 30, 2011 Police and Firefighters’ Retirem ent System Fund City of Delray Beach, Florida Required Supplementary I nformation— Schedules of Pension Funding Progress Funded Ratio (a/b) Unfunded (Assets in Excess of) AAL as a Percentage of Covered Payroll [(b-a)/c] Funded Ratio (a/b) Unfunded (Assets in Excess of) AAL as a Percentage of Covered Payroll [(b-a)/c] General Em ployees' Pension Plan Note:Effective October 1,2009,the actuarial cost method was changed from the Aggregate Actuarial Cost method to the Entry Age Normal Cost method using the Level Dollar – Closed amortization method over a period of 25 years. 70 Fiscal Year Ended Septem ber 30, Annual Required Em ployer Contribution 2006 2,011,383 $ 100.0 % 2007 2,008,058 100.0 2008 2,398,379 100.0 2009 2,502,936 100.0 2010 2,996,262 100.0 2011 2,305,392 100.0 Fiscal Year Ended Septem ber 30, Annual State Contribution Annual Required Em ployer Contribution Total Annual Required Contribution 2006 504,922 $ 4,789,159 $ 5,294,081 $ 100.0 % 2007 504,922 5,174,531 5,679,453 100.0 2008 504,922 5,608,475 6,113,397 100.0 2009 504,922 6,395,442 6,900,364 100.0 2010 504,922 7,061,730 7,566,652 100.0 2011 504,922 6,982,946 7,487,868 100.0 City of Delray Beach, Florida Required Supplementary I nformation— Schedules of Employ er and State Pension Contributions For the Fiscal Year Ended September 30, 2011 Note:During the 2009 fiscal year,the asset valuation method was changed to Actuarial Value of Assets (AVA)from a five year smoothed market.With this change,the development of the Market Value of Assets (MVA)also changed resulting in the receivable for the City contribution for the fiscal year following the valuation date, to no longer be included in the MVA. Percentage Contribution General Em ployees' Pension Fund Police and Firefighters' Retirem ent System Fund Percentage Contribution 71 Combining and Individual Fund Statements and Schedules 72 Non-Major Governmental Funds Special Revenue Funds Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than major capital projects) requiring separate accounting because of legal or regulatory provisions or administrative action. Law Enforcement Trust Fund – This fund accounts for revenue received from confiscated and forfeited properties from cases involving the City's police department. Expenditures from this fund are generally for police education and training programs and equipment. Developers Land Contribution Fund – This fund accounts for revenue received from developers operating within the City for projects other than those financed by proprietary funds. The City uses the developer contributions to purchase land or capital improvements for recreation facilities. ARRA Economic Stimulus Fund – This fund accounts for revenue received from the federal government for various programs under the American Recovery and Reinvestment Act. Neighborhood Services Fund – This fund accounts for revenue received from federal, state and local governments under numerous grant programs which are used for various community development and improvement projects within the City. SHIP Fund – This fund accounts for revenue received from the Florida Housing Finance Agency for the State Housing Initiatives Partnership (SHIP) Program to provide for renovation of buildings to be used for affordable multi-family housing within the City. Beautification Fund – This fund accounts for revenue received from public service taxes, which is used for capital improvements to beautify the City. Special Projects Fund – This fund is used to account for assets held in trust by the City for a variety of earmarked purposes. Cemetery Perpetual Care Fund – This fund is used to account for assets held by the City to provide maintenance for the cemetery grounds. City Ordinance allows for the use of principal in achieving this purpose. Debt Service Fund Utilities Tax Fund – This fund is used to account for assets held for the repayment of principal and interest on debt reported in the government-wide financial statements. Capital Projects Fund Capital Projects Funds are used to account for financial resources for the acquisition or construction of major capital facilities (other than those financed by proprietary funds and similar trust funds). The capital projects funds used by the City are as follows: Capital Improvement Fund – This fund is used to account for the construction of major capital facilities not accounted for in the 2004 GO Bond Fund or Beach Restoration Fund . 2004 GO Bond Fund – This fund is used to account for the construction of major capital facilities financed by the City’s 2004 general obligation bond issue and subsequent financing. Beach Restoration Fund – This fund is used to account for improvements to the municipal beach area of the City. Debt Service Total Law Developers ARRA Neighbor-Cemetery Non-Major Enforcement Land Economic hood Special Perpetual Utilities Capital 2004 Beach Governmental Trust Contribution Stimulus Services SHIP Beautification Projects Care Tax Improvement GO Bond Restoration Funds ASSETS Cash and cash equivalents -$ -$ -$ 224 $ -$ -$ -$ -$ 54,380$ 46 $ -$ -$ 54,650 $ Accounts receivable, net - - - - - - 22,215 21,007 - - - - 43,222 Notes receivable - - - 1,089,306 637,682 - - - - - - - 1,726,988 Due from other governments - - 388,414 309,487 - - 11,499 - - 280,068 - 467,695 1,457,163 Due from other funds 298,655 313,264 - 149 36,822 313,973 2,603,745 833,283 451,050 4,858,400 670,191 122,377 10,501,909 Prepaid items - - - 105 - - 184 - - - - - 289 Due from component units - - - 9,188 - - - - - 133,215- - 142,403 Assets held for resale - - - 1,127,774 - - - - - - - - 1,127,774 Total Assets 298,655 $ 313,264 $ 388,414 $ 2,536,233 $ 674,504 $ 313,973 $ 2,637,643 $ 854,290$ 505,430$ 5,271,729 $ 670,191 $ 590,072 $ 15,054,398 $ LIABILITIES AND FUND BALANCES LIABILITIES Accounts payable and accrued items -$ -$ 58,826 $ 35,360 $ -$ 17,762 $ 8,412 $ -$ -$ 553,036 $ 6,989 $ 30 $ 680,415 $ Due to other funds - - 329,588 - - - - - - - - - 329,588 Deferred revenue - - - 1,089,318 677,186 - - - - 255,657 - - 2,022,161 Due to component units - - - - - - 50,000 - - - - - 50,000 Total L iabilities - - 388,414 1,124,678 677,186 17,762 58,412 - - 808,693 6,989 30 3,082,164 FUND BALANCES Nonspendable: Prepaid items - - - 105 - - 184 - - - - - 289 Lo ng-term notes receivable - - - 1,089,306 637,682 - - - - - - - 1,726,988 Restricted for: Debt Service - - - - - - - - 505,430 - - - 505,430 La w enforcement 298,655 - - - - - - - - - - - 298,655 Assigned to: Capital Projects F unds - - - - - - - - - 4,463,036 663,202 590,042 5,716,280 Special Revenue F unds 313,264 - 322,144 - 296,211 2,579,047 854,290 - - - - 4,364,956 Unassigned (deficit): Special Revenue F unds - - - - (640,364) - - - - - - - (640,364) Total F und Balances 298,655 313,264 - 1,411,555 (2,682) 296,211 2,579,231 854,290 505,430 4,463,036 663,202 590,042 11,972,234 Total L iabilities and F und Balances 298,655 $ 313,264 $ 388,414 $ 2,536,233 $ 674,504 $ 313,973 $ 2,637,643 $ 854,290$ 505,430$ 5,271,729 $ 670,191 $ 590,072 $ 15,054,398 $ Special Revenue CITY OF DELRAY BEACH, FLORIDA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL F UNDS September 30, 2011 Capital Projects 73 Debt Service Total Law Developers ARRA Neighbor-Cemetery Non-Major Enforcement Land Economic hood Special Perpetual Utilities Capital 2004 Beach Governmental Trust Contribution Stimulus Services SHIP Beautification Projects Care Tax Improvement GO Bond Restoration Funds REVENUES Intergovernmental -$ -$ 926,131 $ 918,790 $ 209,296 $ -$ 78,059 $ -$ -$ 422,624 $ -$ 466,706 $ 3,021,606 $ Charges for services - - - - - - 556,776 4,715 - - - - 561,491 Fi nes and forfeitures 126,208 - - - - - 73,605 - - - - - 199,813 Miscellaneous 218 43,283 - 818,238 2,662 349 57,614 80,687 1,760 450,026 648 212 1,455,697 Total Revenues 126,426 43,283 926,131 1,737,028 211,958 349 766,054 85,402 1,760 872,650 648 466,918 5,238,607 EXPENDITURES Current: General government - - 72,454 1,869,190 214,640 - 100,284 850 - 211,630 - - 2,469,048 Public safety 77,860 - 547,324 - - - 213,847 - - 150,613 - - 989,644 Physical environment - - - - - 965,321 - - - 72,576 - - 1,037,897 Parks and recreation - - - - - - 161,979 - - 296,596 10,583 350,165 819,323 Capital outlay 30,532 48,292 306,353 90,206 - 52,396 87,181 - - 3,651,692 306,688 - 4,573,340 Debt service: Principal retirement - - - - - - - - 23,985 - - - 23,985 Interest and fiscal charges - - - - - - - - 1,177,672 - - - 1,177,672 Total Expenditures 108,392 48,292 926,131 1,959,396 214,640 1,017,717 563,291 850 1,201,657 4,383,107 317,271 350,165 11,090,909 Excess of revenues over (under) expenditures 18,034 (5,009) - (222,368) (2,682) (1,017,368) 202,763 84,552 (1,199,897)(3,510,457) (316,623) 116,753 (5,852,302) OTHER FINANCING SOURCES (USES) Transfers in - - - 149,430 - 884,756 13,808 - 1,199,740 2,000,000 - 15,000 4,262,734 Transfers out - (3,000) - - - - (12,000) - (1,760) (10,650) - - (27,410) Total Other F inancing Sources (Uses)- (3,000) - 149,430 - 884,756 1,808 - 1,197,980 1,989,350 - 15,000 4,235,324 Net change in fund balance 18,034 (8,009) - (72,938) (2,682) (132,612) 204,571 84,552 (1,917) (1,521,107) (316,623) 131,753 (1,616,978) Fu nd balances - October 1, 2010 280,621321,273- 1,484,493 - 428,8232,374,660769,738 507,3475,984,143 979,825 458,28913,589,212 Fu nd balances - September 30, 2011 298,655 $ 313,264 $ -$ 1,411,555 $ (2,682)$ 296,211 $ 2,579,231 $ 854,290$ 505,430$ 4,463,036 $ 663,202 $ 590,042 $ 11,972,234 $ Special Revenue CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN F UND BAL ANCES NON-MAJOR GOVERNMENTAL F UNDS Fo r the F iscal Year Ended September 30, 2011 Capital Projects 74 75 Non-Major Enterprise Funds Enterprise funds are used to account for operations that provide a service to citizens, financed primarily by a user charge, and where the periodic measurement of net income is deemed appropriate for capital maintenance, public policy, management control, accountability or other purposes. Delray Beach Municipal Golf Course Fund – This fund is used to account for the services and activities of the City's municipal golf course. Lakeview Golf Course Fund – This fund is used to account for the services and activities of the City's executive municipal golf course. City Marina Fund – This fund is used to account for the services and activities of the City's municipal marina. Sanitation Fund – This fund is used to account for solid waste removal services for the City's residents and commercial customers. Stormwater Utility Fund – This fund is used to account for the levy of drainage assessments and construction of drainage projects. Total Municipal Lak eview Non-Major GolfGolf City Stormwater Enterprise CourseCourse Marina Sanitation Utility Funds ASSETS Current Assets: Cash and cash equivalents 20,043 $ 1,748 $ -$ -$ -$ 21,791 $ Accounts receivable, net 1,256 - - 970,410 - 971,666 Due from other funds - - 976,523 2,313,175 3,624,845 6,914,543 In ventory 80,463 13,294 - - - 93,757 Prepaid expenses 57,796 16,687 - - - 74,483 Restricted assets Cash and cash equivalents 360,240 199,609 - - 59,396 619,245 Total Current Assets 519,798 231,338 976,523 3,283,585 3,684,241 8,695,485 Noncurrent Assets: Property , land and equipment Land 1,415,483 1,963,894 42,840 - 1,271,853 4,694,070 Buildings 2,309,543 140,718 - - 1,904,722 4,354,983 Improvements other than buildings 1,201,362 899,663 1,135,794 11,958 12,426,875 15,675,652 Equipment 1,561,624 381,187 87,652 25,949 814,595 2,871,007 Construction in progress - - - - 202,762 202,762 Accumulated depreciation (2,880,318) (766,591) (1,050,712) (34,072) (5,447,014) (10,178,707) Other asset Bond issue costs, net 25,695 15,738 - - - 41,433 Total Noncurrent Assets 3,633,389 2,634,609 215,574 3,835 11,173,793 17,661,200 Total Assets 4,153,187 2,865,947 1,192,097 3,287,420 14,858,034 26,356,685 LIABILITIES Current Liabilities: Accounts pay able and accrued expenses 76,971 9,628 433 306,167 58,722 451,921 Unearned revenue - - 49,093 - - 49,093 Current maturities of installment agreements 33,372 - - - - 33,372 Due to other funds 1,104,828 851,428 - - - 1,956,256 Refundable deposits 111,145 - 17,970 - - 129,115 1,326,316 861,056 67,496 306,167 58,722 2,619,757 Current Liabilities Payable from Restricted Assets: Accrued interest on long-term debt 23,010 11,839 - - 22,714 57,563 Current maturities of revenue bonds 337,230 187,770 - - 36,682 561,682 360,240 199,609 - - 59,396 619,245 Total Current Liabilities 1,686,556 1,060,665 67,496 306,167 118,118 3,239,002 Noncurrent Liabilities: Compensated absences pay able - - - 26,513 25,135 51,648 Net OPEB obligation - - - 9,625 14,438 24,063 Revenue bonds pay able, net 1,400,179 625,749 - - 1,311,054 3,336,982 In stallment agreements 31,410 - - - - 31,410 Total Noncurrent Liabilities 1,431,589 625,749 - 36,138 1,350,627 3,444,103 Total Liabilities 3,118,145 1,686,414 67,496 342,305 1,468,745 6,683,105 NET ASSETS In vested in capital assets, net of related debt 1,805,503 1,805,352 215,574 3,835 9,826,057 13,656,321 Restricted for debt service 337,230 187,770 - - 36,682 561,682 Unrestricted (1,107,691) (813,589) 909,027 2,941,280 3,526,550 5,455,577 Total Net Assets 1,035,042 $ 1,179,533 $ 1,124,601 $ 2,945,115 $ 13,389,289 $ 19,673,580 $ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF NET ASSETS NON-MAJOR ENTERPRISE FUNDS September 30, 2011 76 Total Municipal Lak eview Non-Major GolfGolf City Stormwater Enterprise CourseCourse Marina Sanitation Utility Funds OPERATING REVENUES Charges for services 2,820,197 $ 666,591 $ 209,145 $ 4,739,150 $ 2,112,375 $ 10,547,458 $ Other operating revenue 18,361 5,855 1,518 197,584 12,757 236,075 Total Operating Revenues 2,838,558 672,446 210,663 4,936,734 2,125,132 10,783,533 OPERATING EXPENSES Personal services - - - 270,515 589,854 860,369 Other operating expenses 2,616,519 585,319 63,988 4,021,700 586,811 7,874,337 Depreciation 256,920 41,014 72,967 1,569 427,332 799,802 Total Operating Expenses 2,873,439 626,333 136,955 4,293,784 1,603,997 9,534,508 Operating Income (Loss)(34,881) 46,113 73,708 642,950 521,135 1,249,025 NONOPERATING REVENUES (EXPENSES) In terest revenue - - 707 1,573 5,941 8,221 Rent revenue 33,408 - 110 124,426 - 157,944 In terest expense (103,939) (48,707) - - (69,311) (221,957) Gain (loss) on disposal of equipment 532 (1,118) - - - (586) Total Nonoperating Revenues (Expenses) (69,999) (49,825) 817 125,999 (63,370) (56,378) In come (Loss) Before Capital Contributions and Transfers (104,880) (3,712) 74,525 768,949 457,765 1,192,647 Capital Contributions 2,762 - - - 72,644 75,406 Transfers out (33,000) (15,000) (50,620) (182,270) (147,120) (428,010) Change In Net Assets (135,118) (18,712) 23,905 586,679 383,289 840,043 Net Assets - October 1, 2010 1,170,160 1,198,245 1,100,696 2,358,436 13,006,000 18,833,537 Net Assets - September 30, 2011 1,035,042 $ 1,179,533 $ 1,124,601 $ 2,945,115 $ 13,389,289 $ 19,673,580 $ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS NON-MAJOR ENTERPRISE FUNDS For the Fiscal Year Ended September 30, 2011 77 Total Municipal Lak eview Non-Major GolfGolf City Stormwater Enterprise CourseCourse Marina Sanitation Utility Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users 2,846,950 $ 672,446 $ 205,387 $ 5,004,626 $ 1,781,320 $ 10,510,729 $ Receipts from others 33,408 - 110 124,426 - 157,944 Pay ments to suppliers (2,351,325) (409,771) (155,584) (4,686,171) (626,324) (8,229,175) Pay ments to employ ees - - - (262,184) (585,310) (847,494) Net cash provided by operating activities 529,033 262,675 49,913 180,697 569,686 1,592,004 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITY Transfers to other funds (33,000) (15,000) (50,620) (182,270) (147,120) (428,010) Net cash used in noncapital financing activity (33,000) (15,000) (50,620) (182,270) (147,120) (428,010) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets (53,917) (19,983) - - (322,516) (396,416) Proceeds from the sale of capital assets 8,936 - - - - 8,936 Principal paid on capital debt (360,753) (181,708) - - (35,133) (577,594) In terest paid on capital debt (83,743) (42,294) - - (69,921) (195,958) Net cash used in capital and related financing activities (489,477) (243,985) - - (427,570) (1,161,032) CASH FLOWS FROM INVESTING ACTIVITY In terest received - - 707 1,573 5,941 8,221 Net cash provided by investing activity - - 707 1,573 5,941 8,221 Net change in cash and cash equivalents 6,556 3,690 - - 937 11,183 Cash and cash equivalents - October 1, 2010 373,727 197,667 - - 58,459 629,853 Cash and cash equivalents - September 30, 2011 380,283 $ 201,357 $ -$ -$ 59,396 $ 641,036 $ Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss)(34,881)$ 46,113 $ 73,708 $ 642,950 $ 521,135 $ 1,249,025 $ Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation expense 256,920 41,014 72,967 1,569 427,332 799,802 Rent revenue 33,408 - 110 124,426 - 157,944 Change in assets and liabilities: Accounts receivable 201 - - 67,892 - 68,093 Due from other funds - - (976,523) (2,313,175) (3,624,845) (6,914,543) In ventory 3,338 5,712 - - - 9,050 Prepaid expenses (6,522) (880) 687 - 475 (6,240) Accounts pay able and accrued expenses (10,283) (2,297) 433 (310,835) (39,988) (362,970) Unearned revenue - - (6,030) - - (6,030) Compensated absences pay able - - - 4,607 (1,042) 3,565 Net OPEB obligation - - - 3,724 5,586 9,310 Due to other funds 278,661 173,013 883,807 1,959,539 3,281,033 6,576,053 Refundable deposits 8,191 - 754 - - 8,945 Total adjustments 563,914 216,562 (23,795) (462,253) 48,551 342,979 Net cash provided by operating activities 529,033 $ 262,675 $ 49,913 $ 180,697 $ 569,686 $ 1,592,004 $ Non-cash capital and related financing activities Amortization of bond premiums (6,099)$ (3,735)$ -$ -$ -$ (9,834)$ Amortization of debt issue costs 5,410 $ 3,312 $ -$ -$ -$ 8,722 $ Amortization of deferred loss on refundings 24,849 $ 9,000 $ -$ -$ -$ 33,849 $ Capital contributions 2,762 $ -$ -$ -$ 72,644 $ 75,406 $ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CASH FLOWS NON-MAJOR ENTERPRISE FUNDS For the Fiscal Year Ended September 30, 2011 78 79 Internal Service Funds Internal Service Funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the City, or to other governmental units, on a cost reimbursement basis. Insurance Fund – This fund is used to account for the payment of insurance claims against the City for certain self-insured coverages and for the payment of health insurance premiums. In addition, expenses related to reinsurance and claims administration are paid from this fund. Central Garage Fund – This fund is used to account for the central garage operation of the City. Total Central Internal Insurance Garage Service Funds ASSETS Current Assets: Cash and cash equivalents 1,741,251 $ 100 $ 1,741,351 $ Investments 1,500,000 - 1,500,000 Accounts receivable, net 28,851 - 28,851 Due from other funds 5,140,907 2,153,685 7,294,592 Inventory - 49,727 49,727 Prepaid expenses 392,452 200 392,652 Total Current Assets 8,803,461 2,203,712 11,007,173 Noncurrent Assets: Property, land and equipment Buildings - 88,185 88,185 Equipment 137,265 18,774,819 18,912,084 Construction in progress - 569,887 569,887 Accumulated depreciation (34,792) (11,845,035) (11,879,827) Total Noncurrent Assets 102,473 7,587,856 7,690,329 Total Assets 8,905,934 9,791,568 18,697,502 LIABILITIES Current Liabilities: Accounts payable and accrued expenses 933,445 28,813 962,258 Compensated absences payable 1,270 - 1,270 Insurance claims payable 1,471,930 - 1,471,930 Total Current Liabilities 2,406,645 28,813 2,435,458 Noncurrent Liabilities: Long-term portion of compensated absences payable 49,321 70,710 120,031 Net OPEB obligation 9,625 28,876 38,501 Long-term portion of insurance claims payable 2,524,981 - 2,524,981 Total Noncurrent Liabilities 2,583,927 99,586 2,683,513 Total Liabilities 4,990,572 128,399 5,118,971 NET ASSETS Invested in capital assets 102,473 7,587,856 7,690,329 Unrestricted 3,812,889 2,075,313 5,888,202 Total Net Assets 3,915,362 $ 9,663,169 $ 13,578,531 $ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF NET ASSETS INTERNAL SERVICE FUNDS September 30, 2011 80 Total Central Internal Insurance Garage Service Funds OPERATING REVENUES Charges for services 11,807,702 $ 3,086,534 $ 14,894,236 $ Other operating revenue 567,990 1,867,533 2,435,523 Total Operating Revenues 12,375,692 4,954,067 17,329,759 OPERATING EXPENSES Personal services 319,444 874,259 1,193,703 Other operating expenses 12,371,549 2,185,083 14,556,632 Depreciation 17,012 1,777,610 1,794,622 Total Operating Expenses 12,708,005 4,836,952 17,544,957 Operating Income (Loss)(332,313) 117,115 (215,198) NONOPERATING REVENUES Interest revenue 15,304 1,716 17,020 Insurance recoveries - 37,073 37,073 Ga in on disposal of equipment - 113,449 113,449 Total Nonoperating Revenues 15,304 152,238 167,542 Income (Loss) Before Capital Contributions (317,009) 269,353 (47,656) Capital contributions - 52,322 52,322 Change In Net Assets (317,009) 321,675 4,666 Net Assets - October 1, 2010 4,232,371 9,341,494 13,573,865 Net Assets - September 30, 2011 3,915,362 $ 9,663,169 $ 13,578,531 $ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANG ES IN NET ASSETS INTERNAL SERVICE FUNDS For the Fiscal Year Ended September 30, 2011 81 Total Central Internal Insurance Garage Service Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users 13,492,079 $ 5,036,047 $ 18,528,126 $ Receipts from others - 37,073 37,073 Payments to suppliers (13,142,272) (2,368,658) (15,510,930) Payments to employees (310,226) (859,575) (1,169,801) Net cash provided by operating activities 39,581 1,844,887 1,884,468 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets (1,304) (1,981,022) (1,982,326) Proceeds from the sale of capital assets - 134,416 134,416 Net cash used in capital and related financing activities (1,304) (1,846,606) (1,847,910) CASH FLOWS FROM INVESTING ACTIVITY Interest received 15,304 1,719 17,023 Net cash provided by investing activity 15,304 1,719 17,023 Net change in cash and cash equivalents 53,581 - 53,581 Cash and cash equivalents - October 1, 2010 1,687,670 100 1,687,770 Cash and cash equivalents - September 30, 2011 1,741,251 $ 100 $ 1,741,351 $ Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss)(332,313)$ 117,115 $ (215,198)$ Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation expense 17,012 1,777,610 1,794,622 Insurance recoveries - 37,073 37,073 Change in assets and liabilities: Accounts receivable (737) - (737) Due from other funds 1,117,124 81,980 1,199,104 Inventory - (798) (798) Prepaid expenses (371,101) - (371,101) Accounts payable and accrued expenses (131,314) (182,777) (314,091) Compensated absences payable 5,494 3,512 9,006 Insurance claims payable (268,308) - (268,308) Net OPEB obligation 3,724 11,172 14,896 Total adjustments 371,894 1,727,772 2,099,666 Net cash provided by operating activities 39,581 $ 1,844,887 $ 1,884,468 $ NON-CASH CAPITAL AND RELATED FINANCING ACTIVITY Equipment contributed from governmental capital assets -$ 52,322 $ 52,322 $ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS For the Fiscal Year Ended September 30, 2011 82 83 Fiduciary Funds Fiduciary Funds are used to account for assets held in trust or as an agent by the City for others and include pension trust funds. General Employees' Pension Fund – This fund is used to account for assets held in a trustee capacity for the retirement pensions of all permanent, full-time City employees except those covered by the Police and Firefighters' Retirement System Fund. Police and Firefighters' Retirement System Fund – This fund is used to account for assets held in a trustee capacity for the retirement pensions of all noncivilian police and fire department employees. Police and General Firefighters'Total Employees'Retirement Pension Trust Pension System Funds ASSETS Cash and cash equivalents $ 503,414 $ 2,415,921 2,919,335 $ Investments: U.S. G overnment securities and mutual funds - 2,966,260 2,966,260 U.S. G overnment agency securities - 7,403,586 7,403,586 Municipal obligations - 253,251 253,251 Domestic fixed income investment fund - 5,480,664 5,480,664 Corporate bonds and mutual funds - 17,184,563 17,184,563 Equity securities and mutual funds 14,852,313 42,658,659 57,510,972 Alternative investments 62,437,784 30,720,929 93,158,713 DROP particpant directed mutual funds - 11,918,742 11,918,742 Due from broker for securities sold - 5,558 5,558 Employee contributions receivable 38,580 80,446 119,026 Employer contributions receivable - 291,641 291,641 Prepaid expenses 75,678 224,361 300,039 Interest and dividends receivable 30,296 277,281 307,577 Total Assets 77,938,065 121,881,862 199,819,927 LIABILITIES Accounts payable 36,166 146,910 183,076 Due to broker for securities purchased - 129,172 129,172 Total Liabilities 36,166 276,082 312,248 NET ASSETS Held in trust for pension benefits $ 77,901,899 $ 121,605,780 $ 199,507,679 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF PLAN NET ASSETS PENSION TRUST FUNDS September 30, 2011 84 Police and General Firefighters'Total Employees'Retirement Pension Trust Pension System Funds ADDITIONS Contributions Employer $ 2,305,392 $ 8,007,046 $ 10,312,438 State - 1,614,377 1,614,377 Plan members 679,141 1,299,006 1,978,147 Total contributions 2,984,533 10,920,429 13,904,962 Investment earnings Net appreciation (depreciation) in fair value of investments 722,257 (1,114,998) (392,741) Interest and dividends 288,906 2,944,616 3,233,522 1,011,163 1,829,618 2,840,781 Less investment expenses - custodian fees 134,188 499,844 634,032 Net investment earnings 876,975 1,329,774 2,206,749 Other income 40,783 109,548 150,331 Total additions 3,902,291 12,359,751 16,262,042 DEDUCTIONS Benefits 3,859,290 8,822,285 12,681,575 Refunds of contributions 44,546 62,209 106,755 Other operating expenses 137,967 224,458 362,425 Total deductions 4,041,803 9,108,952 13,150,755 Change In Net Assets (139,512) 3,250,799 3,111,287 Net Assets - October 1, 2010 78,041,411 118,354,981 196,396,392 Net Assets - September 30, 2011 $ 77,901,899 $ 121,605,780 $ 199,507,679 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CHANG ES IN PLAN NET ASSETS PENSION TRUST FUNDS For the Fiscal Year Ended September 30, 2011 85 Other Supplementary Information Final Amended Budget Actual Variance Positive (Negative) Revenue: Taxes: Ad valorem $ 47,139,830 $ 47,467,480 $ 327,650 Sales and use 1,310,000 1,293,963 (16,037) Utility 4,850,000 5,066,109 216,109 Communications Services Tax 3,750,000 3,711,866 (38,134) Business tax receipts 690,000 702,394 12,394 Total taxes 57,739,830 58,241,812 501,982 Fees and permits: Building permits 2,025,500 2,166,252 140,752 Franchise fees 4,665,020 4,857,533 192,513 Miscellaneous 999,800 834,050 (165,750) Li cense fees 72,000 100,125 28,125 Total fees and permits 7,762,320 7,957,960 195,640 In tergovernmental: Federal shared revenue: Hazmat Sustainment 151,588 7,785 (143,803) Speed Enforcement Program 33,523 28,768 (4,755) Justice Assistance Grants 67,570 53,157 (14,413) Total federal shared revenue 252,681 89,710 (162,971) State shared revenue: State revenue sharing 1,595,000 1,701,690 106,690 Local government sales tax 4,025,000 4,068,929 43,929 Alcoholic beverage licenses tax 72,000 72,789 789 Municipal fuel tax refund 48,000 50,715 2,715 Mobile home licenses tax 1,000 531 (469) Fire incentive 51,960 58,758 6,798 State grants 29,708 29,708 - Total state shared revenue 5,822,668 5,983,120 160,452 Shared revenue from local units: County occupational licenses 120,000 115,672 (4,328) Total shared revenue from local units 120,000 115,672 (4,328) Total intergovernmental 6,195,349 6,188,502 (6,847) Continued on next page. Schedules of Revenue and Other Financing Sources— Budget and Actual—General Fund City of Delray Beach, Florida For the Fiscal Year Ended September 30, 2011 86 Final Amended Budget Actual Variance Positive (Negative) Revenue (continued): Charges for services: General government $ 622,910 $ 523,291 $ (99,619) Public safety 6,392,330 5,749,990 (642,340) Physical environment 91,000 84,504 (6,496) Parking 1,264,400 1,330,060 65,660 Culture and recreation 1,051,600 1,169,235 117,635 Total charges for services 9,422,240 8,857,080 (565,160) Fines and forfeitures: Court 734,000 904,381 170,381 Penalties on licenses and permits 70,000 50,360 (19,640) Violations of local ordinances 136,500 117,519 (18,981) Total fines and forfeitures 940,500 1,072,260 131,760 Miscellaneous: In terest 166,500 178,323 11,823 Rents and special assessments 270,100 276,019 5,919 Sale of capital assets 2,000 1,903 (97) Contributions and donations 2,542,883 2,539,163 (3,720) Recovery of administrative costs 2,628,750 2,446,000 (182,750) Other 258,054 389,896 131,842 Total miscellaneous 5,868,287 5,831,304 (36,983) Total revenue 87,928,526 88,148,918 220,392 Other financing sources: Transfers in: Water and Sewer Fund 1,811,020 1,811,020 - Delray Beach Municipal Golf Course Fund 48,000 48,000 - City Marina Fund 50,620 50,620 - Utilities Tax Fund 1,568,100 1,566,360 (1,740) Sanitation Fund 85,270 85,270 - Stormwater Utility Fund 147,120 147,120 - Special Projects Fund 12,000 12,000 - Total other financing sources 3,722,130 3,720,390 (1,740) Total revenue and other financing sources $ 91,650,656 91,869,308 $ 218,652 Reconciliation to GAAP basis statements: On-behalf payments 1,614,377 Revenue and other financing sources - GAAP basis 93,483,685 $ City of Delray Beach, Florida Schedules of Revenue and Other Financing Sources— Budget and Actual—General Fund (Continued) For the Fiscal Year Ended September 30, 2011 87 Original Budget Final Amended Budget Current Year Expenditures Current Year Encumbrances Outstanding Total Expenditures and Encumbrances Unencumbered Balance Lapsed General government: City commission 229,210 $ 244,889 $ 213,816 $ 9,000 $ 222,816 $ 22,073 $ City manager 516,560 529,742 530,388 - 530,388 (646) Human resources 514,230 520,340 518,549 - 518,549 1,791 Public information office 94,190 108,160 104,535 - 104,535 3,625 City clerk 562,850 539,310 519,935 - 519,935 19,375 Finance 1,611,500 1,638,530 1,565,204 14,866 1,580,070 58,460 In formation technology 1,575,560 1,592,810 1,548,853 - 1,548,853 43,957 City attorney 851,380 896,494 790,389 - 790,389 106,105 Administrative services administration 636,380 641,890 620,809 - 620,809 21,081 Clean and Safe 225,900 201,420 201,056 - 201,056 364 Cemetery 360,980 362,960 373,534 103 373,637 (10,677) Old School Square 194,750 194,750 194,750 - 194,750 - Li brary 1,453,500 1,453,500 1,453,500 - 1,453,500 - Miscellaneous grants 158,250 208,250 213,552 - 213,552 (5,302) Transfers to component units 6,456,030 6,446,350 6,418,010 - 6,418,010 28,340 Miscellaneous (nondepartmental)27,700 38,233 42,301 - 42,301 (4,068) Total general government 15,468,970 15,617,628 15,309,181 23,969 15,333,150 284,478 Public safety: La w enforcement 26,241,690 27,271,391 26,506,501 47,011 26,553,512 717,879 Fire control 22,145,020 22,450,235 22,222,530 39,884 22,262,414 187,821 Community improvement administration 449,450 452,020 445,512 - 445,512 6,508 Planning and zoning 1,123,050 1,142,216 1,116,306 - 1,116,306 25,910 Building inspection 1,292,800 1,288,620 1,256,552 - 1,256,552 32,068 Code compliance 938,220 963,320 949,991 3,200 953,191 10,129 Total public safety 52,190,230 53,567,802 52,497,392 90,095 52,587,487 980,315 Physical environment: Engineering 208,020 277,520 242,270 5,450 247,720 29,800 Parking facilities 982,730 978,190 881,957 - 881,957 96,233 Public works: Traffic operations 419,450 420,460 435,056 750 435,806 (15,346) Administration 179,680 181,210 178,548 - 178,548 2,662 Street lighting 814,560 832,840 703,253 30,000 733,253 99,587 Street maintenance 801,180 802,010 784,016 - 784,016 17,994 Building maintenance 579,420 581,370 555,449 - 555,449 25,921 Total physical environment 3,985,040 4,073,600 3,780,549 36,200 3,816,749 256,851 Continued on next page. Schedules of Expenditures, Encumbrances and Other Financing Uses—Compared with Appropriations—General Fund City of Delray Beach, Florida For the Fiscal Year Ended September 30, 2011 88 Original Budget Final Amended Budget Current Year Expenditures Current Year Encumbrances Outstanding Total Expenditures and Encumbrances Unencumbered Balance Lapsed Parks and recreation: Administration $ 605,070 $ 606,076 $ 587,640 $ - $ 587,640 $ 18,436 After school program 499,000 474,516 434,871 - 434,871 39,645 Teen center 246,730 247,170 233,287 - 233,287 13,883 Beach operations 1,418,810 1,440,457 1,415,658 - 1,415,658 24,799 Catherine Strong Park 172,770 167,870 154,846 - 154,846 13,024 Community center 278,540 272,086 264,162 - 264,162 7,924 Veteran’s park 140,570 141,129 139,696 - 139,696 1,433 C. Spencer Pompey Park 879,120 821,840 784,936 - 784,936 36,904 Parks maintenance 3,824,990 3,916,659 3,879,666 - 3,879,666 36,993 Special events 126,120 127,030 128,990 - 128,990 (1,960) Tennis centers 1,130,350 1,176,415 1,144,856 499 1,145,355 31,060 Stadium 2,154,390 2,132,240 2,091,098 - 2,091,098 41,142 Aquatics 356,310 381,430 364,016 - 364,016 17,414 Athletics 477,010 478,082 452,244 250 452,494 25,588 Total parks and recreation 12,309,780 12,383,000 12,075,966 749 12,076,715 306,285 Debt service: Principal retirement 3,587,380 3,501,380 3,466,375 - 3,466,375 35,005 In terest and fiscal charges 1,549,140 1,547,140 1,546,191 - 1,546,191 949 Total debt service 5,136,520 5,048,520 5,012,566 - 5,012,566 35,954 Total expenditures and encumbrances 89,090,540 90,690,550 88,675,654 151,013 88,826,667 1,863,883 Other financing uses: Transfers out to other funds: Community Development Fund 149,430 149,430 149,430 - 149,430 - Beautification Fund 900,000 900,000 879,566 - 879,566 20,434 Utilities Tax Fund 1,199,740 1,199,740 1,199,740 - 1,199,740 - Capital I mprovement Fund 2,000,000 2,000,000 2,000,000 - 2,000,000 - Special Project Fund - 158 158 - 158 - Beach Restoration Fund 15,000 15,000 15,000 - 15,000 - Total other financing uses 4,264,170 4,264,328 4,243,894 - 4,243,894 20,434 Total expenditures, encumbrances and other financing uses $ 93,354,710 $ 94,954,878 $ 92,919,548 $ 151,013 93,070,561 $ 1,884,317 Reconciliation to GAAP basis statements: Current year encumbrances outstanding (151,013) Prior year encumbrances paid in current year 259,283 On-behalf payments 1,614,377 Expenditures and other financing uses - GAAP basis 94,793,208 $ City of Delray Beach, Florida Schedules of Expenditures, Encumbrances and Other Financing Uses—Compared with Appropriations—General Fund (continued) For the Fiscal Year Ended September 30, 2011 89 Schedules of Debt Service Requirements Fiscal Year Ending Septem ber 30 General Obligation Bonds Revenue Bonds Water and Sewer Revenue Bonds Installm ent Agreem ents Total Requirem ents 2012 $ 3,573,840 $ 3,557,502 $ 5,312,521 $ 103,628 $ 12,547,491 2013 3,569,827 6,564,315 5,866,575 94,992 16,095,709 2014 2,168,937 3,341,602 5,869,966 - 11,380,505 2015 2,167,092 3,343,718 5,867,438 - 11,378,248 2016 2,171,935 3,342,026 2,058,758 - 7,572,719 2017 2,174,200 2,793,154 2,058,209 - 7,025,563 2018 2,179,513 2,793,728 2,055,321 - 7,028,562 2019 2,176,519 2,801,632 2,050,093 - 7,028,244 2020 2,184,761 2,591,500 2,052,307 - 6,828,568 2021 2,188,864 2,587,750 2,066,464 - 6,843,078 2022 2,188,760 2,590,750 2,062,611 - 6,842,121 2023 2,194,413 2,590,000 - - 4,784,413 2024 2,205,589 2,590,500 - - 4,796,089 2025 - 2,592,000 - - 2,592,000 2026 - 2,589,250 - - 2,589,250 2027 - 2,592,250 - - 2,592,250 2028 - 2,590,500 - - 2,590,500 2029 - 2,589,000 - - 2,589,000 2030 - 2,587,500 - - 2,587,500 2031 - 2,590,750 - - 2,590,750 2032 - 2,588,250 - - 2,588,250 31,144,250 $ 62,207,677 $ 37,320,263 $ $ 198,620 130,870,810 $ City of Delray Beach, Florida Summary Schedule of Debt Service Requirements (Principal and I nterest) to Maturity 90 Fiscal Year Ending Septem ber 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2012 $ 2,600,000 $ 973,840 $ 3,573,840 $ 27,570,410 2013 2,720,000 849,827 3,569,827 24,000,583 2014 1,410,000 758,937 2,168,937 21,831,646 2015 1,465,000 702,092 2,167,092 19,664,554 2016 1,530,000 641,935 2,171,935 17,492,619 2017 1,595,000 579,200 2,174,200 15,318,419 2018 1,665,000 514,513 2,179,513 13,138,906 2019 1,730,000 446,519 2,176,519 10,962,387 2020 1,810,000 374,761 2,184,761 8,777,626 2021 1,890,000 298,864 2,188,864 6,588,762 2022 1,970,000 218,760 2,188,760 4,400,002 2023 2,060,000 134,413 2,194,413 2,205,589 2024 2,160,000 45,589 2,205,589 - 24,605,000 $ 6,539,250 $ 31,144,250 $ City of Delray Beach, Florida Combined Schedule of General Obligation Bond Debt Service Requirements 91 Principal February 1 February 1 August 1 Total $ 1,960,000 $ 100,375 $ 51,375 $ 2,111,750 $ 2,106,375 5.00% 2,055,000 51,375 - 2,106,375 - 5.00 4,015,000 $ 151,750 $ 51,375 $ 4,218,125 $ Original Authorization – $18,000,000 Issued – $15,685,000 Date of Issue – December 19, 2002 Maturity Range – Serially February 1, 2004 through February 1, 2013 Principal Payment Date – February 1 of each year Interest Payment Dates – February 1 and August 1 Denomination – $5,000 Call Features – No optional or mandatory redemption Paying Agent/Registrar – Wells Fargo Coral Springs, Florida Ratings – Moody’s Aaa (FSA insured) Standard & Poor’s AAA (FSA insured) Projects: Balance Outstanding at End of Fiscal Year 2013 The bonds were issued for financing the cost of partially refunding the General Obligation Bonds (Series 1993A & 1993B). 2012 City of Delray Beach, Florida Schedule of General Obligation Bonds (Series 2002) Fiscal Year Ending Septem ber 30 Interest Interest Rate 92 Principal February 1 February 1 August 1 Total $ 640,000 $ 209,545 $ 197,545 $ 1,047,090 $ 12,578,121 3.75% 665,000 197,545 185,907 1,048,452 11,529,669 3.50 690,000 185,907 172,970 1,048,877 10,480,792 3.75 715,000 172,970 159,564 1,047,534 9,433,258 3.75 745,000 159,564 144,664 1,049,228 8,384,030 4.00 775,000 144,664 130,133 1,049,797 7,334,233 3.75 805,000 130,133 114,837 1,049,970 6,284,263 3.80 835,000 114,837 98,555 1,048,392 5,235,871 3.90 870,000 98,555 81,155 1,049,710 4,186,161 4.00 905,000 81,155 62,602 1,048,757 3,137,404 4.10 940,000 62,602 42,863 1,045,465 2,091,939 4.20 980,000 42,863 22,038 1,044,901 1,047,038 4.25 1,025,000 22,038 - 1,047,038 - 4.30 10,590,000 $ 1,622,378 $ 1,412,833 $ 13,625,211 $ Original Authorization – $24,000,000 Issued – $14,000,000 Date of Issue – September 30, 2004 Maturity Range – Serially February 1, 2005 through February 1, 2024 Principal Payment Date – February 1 of each year Interest Payment Dates – February 1 and August 1 Denomination – $5,000 Call Features – No optional or mandatory redemption Paying Agent/Registrar – Wells Fargo Coral Springs, Florida Ratings – Moody’s Aaa (FSA insured) Standard & Poor’s AAA (FSA insured) Projects: 2023 2019 2020 The bonds were issued for the purpose of acquiring land and constructing and developing parks and recreation facilities in the City. 2024 2022 2018 Interest Rate Balance Outstanding at End of Fiscal Year 2013 2014 2015 2016 2012 2021 2017 City of Delray Beach, Florida Schedule of General Obligation Bonds (Series 2004) Fiscal Year Ending Septem ber 30 Interest 93 Principal February 1 February 1 August 1 Total $ - $ 207,500 $ 207,500 $ 415,000 $ 12,885,914 4.15% - 207,500 207,500 415,000 12,470,914 4.15 720,000 207,500 192,560 1,120,060 11,350,854 4.15 750,000 192,560 176,998 1,119,558 10,231,296 4.15 785,000 176,998 160,709 1,122,707 9,108,589 4.15 820,000 160,709 143,694 1,124,403 7,984,186 4.15 860,000 143,694 125,849 1,129,543 6,854,643 4.15 895,000 125,849 107,278 1,128,127 5,726,516 4.15 940,000 107,278 87,773 1,135,051 4,591,465 4.15 985,000 87,773 67,334 1,140,107 3,451,358 4.15 1,030,000 67,334 45,961 1,143,295 2,308,063 4.15 1,080,000 45,961 23,551 1,149,512 1,158,551 4.15 1,135,000 23,551 - 1,158,551 - 4.15 10,000,000 $ 1,754,207 $ 1,546,707 $ 13,300,914 $ Original Authorization – $24,000,000 Issued – $10,000,000 Date of Issue – August 26, 2005 Maturity Range – Serially February 1, 2014 through February 1, 2024 Principal Payment Date – February 1 of each year Interest Payment Dates – February 1 and August 1 Denomination – $5,000 Call Features – Penalty with early prepayment Paying Agent – SunTrust Bank, NA Ratings – N/A Projects: City of Delray Beach, Florida Schedule of General Obligation Bonds (Series 2005) Fiscal Year Ending Septem ber 30 Interest Interest Rate Balance Outstanding at End of Fiscal Year 2012 2024 The bonds were issued for the purpose of acquiring land and constructing and developing parks and recreation facilities in the City. 2022 2019 2020 2021 2013 2014 2015 2016 2017 2018 2023 94 Fiscal Year Ending Septem ber 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2012 $ 1,630,000 $ 1,927,502 $ 3,557,502 $ 58,650,175 2013 4,705,000 1,859,315 6,564,315 52,085,860 2014 1,710,000 1,631,602 3,341,602 48,744,258 2015 1,785,000 1,558,718 3,343,718 45,400,540 2016 1,860,000 1,482,026 3,342,026 42,058,514 2017 1,390,000 1,403,154 2,793,154 39,265,360 2018 1,450,000 1,343,728 2,793,728 36,471,632 2019 1,520,000 1,281,632 2,801,632 33,670,000 2020 1,375,000 1,216,500 2,591,500 31,078,500 2021 1,440,000 1,147,750 2,587,750 28,490,750 2022 1,515,000 1,075,750 2,590,750 25,900,000 2023 1,590,000 1,000,000 2,590,000 23,310,000 2024 1,670,000 920,500 2,590,500 20,719,500 2025 1,755,000 837,000 2,592,000 18,127,500 2026 1,840,000 749,250 2,589,250 15,538,250 2027 1,935,000 657,250 2,592,250 12,946,000 2028 2,030,000 560,500 2,590,500 10,355,500 2029 2,130,000 459,000 2,589,000 7,766,500 2030 2,235,000 352,500 2,587,500 5,179,000 2031 2,350,000 240,750 2,590,750 2,588,250 2032 2,465,000 123,250 2,588,250 - 40,380,000 $ 21,827,677 $ 62,207,677 $ City of Delray Beach, Florida Combined Schedule of Revenue Bond Debt Service Requirements (Principal and I nterest) 95 June 1 Decem ber 1 June 1 Total 2012 $ 495,000 $ 114,341 $ 114,341 $ 723,682 $ 4,688,989 5.245% 2013 520,000 101,360 101,359 722,719 3,966,270 5.245 2014 545,000 87,723 87,723 720,446 3,245,824 5.245 2015 580,000 73,430 73,430 726,860 2,518,964 5.245 2016 510,000 58,219 58,219 626,438 1,892,526 5.245 2017 540,000 44,845 44,845 629,690 1,262,836 5.245 2018 570,000 30,683 30,683 631,366 631,470 5.245 2019 600,000 15,735 15,735 631,470 - 5.245 4,360,000 $ 526,336 $ 526,335 $ 5,412,671 $ Original Authorization – $10,000,000 Issued – $10,000,000 Date of Issue – February 25, 2000 Maturity Range – Serial Bonds: June 1, 1999 through June 1, 2019 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year Pledged Revenue – Non-ad valorem tax revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – Bank of America Ratings – N/A Projects: Fiscal Year Ending Septem ber 30 Serial Bond Principal The bonds were issued to finance all or a portion of the costs of certain roadway improvements including water, sewer and drainage work, and a portion of the costs of a tri-party radio system. Approximately 74% of the bonds are governmental activities debt and 26% is business-type activities debt. City of Delray Beach, Florida Schedule of Revenue Bonds (Series 2000) Interest Balance Outstanding at End of Fiscal Year Interest Rate 96 June 1 Decem ber 1 June 1 Total 2012 $ 485,000 $ 45,870 $ 45,870 $ 576,740 $ 2,014,636 3.70% 2013 510,000 36,898 36,898 583,796 1,430,840 3.85 2014 420,000 27,080 27,080 474,160 956,680 4.00 2015 440,000 18,680 18,680 477,360 479,320 4.10 2016 460,000 9,660 9,660 479,320 - 4.20 2,315,000 $ 138,188 $ 138,188 $ 2,591,376 $ Original Authorization – $16,500,000 Issued – $15,020,000 Serial Bonds Date of Issue – December 19, 2002 Maturity Range – Serial Bonds: June 1, 2003 through June 1, 2016 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year for both serial and term bonds Pledged Revenue – Utilities service tax revenues Denomination – $5,000 Call Features – Serial Bonds: June 1, 2003 through May 31, 2014 -- No redemption June 1, 2014 through May 31, 2016 at 100% Paying Agent/Registrar – Wells Fargo, Coral Springs, Florida Ratings – Moody’s Aaa (FSA insured) Standard & Poor’s AAA (FSA insured) Projects: The bonds were issued to refund the City's outstanding Utility Tax Revenue Bonds, Series 1992, Series 1994, Series 1995, Series 1996, and Series 1998. Approximately 19% of the bonds are governmental activities debt and approximately 81% of the bonds are business-type activities debt. City of Delray Beach, Florida Schedule of Utility Tax Revenue Bonds (Series 2002) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending Septem ber 30 Serial Bond Principal 97 June 1 Decem ber 1 June 1 Total 2012 $ 630,000 $ 112,057 $ 112,057 $ 854,114 $ 6,349,012 3.66% 2013 655,000 100,531 100,531 856,062 5,492,950 3.66 2014 675,000 88,548 88,548 852,096 4,640,854 3.66 2015 695,000 76,199 76,199 847,398 3,793,456 3.66 2016 820,000 63,484 63,484 946,968 2,846,488 3.66 2017 850,000 48,482 48,482 946,964 1,899,524 3.66 2018 880,000 32,931 32,931 945,862 953,662 3.66 2019 920,000 16,831 16,831 953,662 - 3.66 6,125,000 $ 539,063 $ 539,063 $ 7,203,126 $ Original Authorization – $9,685,000 Issued – $9,685,000 Serial Bonds Date of Issue – December 2, 2003 Maturity Range – Serial Bonds: June 1, 2003 through June 1, 2019 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year for both serial and term bonds Pledged Revenue – Non-ad valorem tax revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – SunTrust Bank Ratings – N/A Projects: The bonds were issued to current refund Series 1999 and Series 2002 Tax Exempt Bonds, in whole, and Series 2002 Taxable Bonds in part. Approximately 95% of the bonds are governmental activities debt and approximately 5% of the bonds are business-type activities debt. City of Delray Beach, Florida Schedule of Revenue Refunding and Improvement Bonds (Series 2003) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending Septem ber 30 Serial Bond Principal 98 June 1 Decem ber 1 June 1 Total 2012 $ 20,000 $ 613,250 $ 613,250 $ 1,246,500 $ 42,441,500 4.00% 2013 20,000 612,850 612,850 1,245,700 41,195,800 4.00 2014 70,000 612,450 612,450 1,294,900 39,900,900 4.00 2015 70,000 611,050 611,050 1,292,100 38,608,800 4.00 2016 70,000 609,650 609,650 1,289,300 37,319,500 4.00 2017 - 608,250 608,250 1,216,500 36,103,000 0.00 2018 - 608,250 608,250 1,216,500 34,886,500 0.00 2019 - 608,250 608,250 1,216,500 33,670,000 0.00 2020 1,375,000 608,250 608,250 2,591,500 31,078,500 5.00 2021 1,440,000 573,875 573,875 2,587,750 28,490,750 5.00 2022 1,515,000 537,875 537,875 2,590,750 25,900,000 5.00 2023 1,590,000 500,000 500,000 2,590,000 23,310,000 5.00 2024 1,670,000 460,250 460,250 2,590,500 20,719,500 5.00 2025 1,755,000 418,500 418,500 2,592,000 18,127,500 5.00 2026 1,840,000 374,625 374,625 2,589,250 15,538,250 5.00 2027 1,935,000 328,625 328,625 2,592,250 12,946,000 5.00 2028 2,030,000 280,250 280,250 2,590,500 10,355,500 5.00 2029 2,130,000 229,500 229,500 2,589,000 7,766,500 5.00 2030 2,235,000 176,250 176,250 2,587,500 5,179,000 5.00 2031 2,350,000 120,375 120,375 2,590,750 2,588,250 5.00 2032 2,465,000 61,625 61,625 2,588,250 - 5.00 24,580,000 $ 9,554,000 $ 9,554,000 $ 43,688,000 $ Original Authorization – $27,000,000 Issued – $24,635,000 Serial Bonds Date of Issue – September 26, 2007 Maturity Range – Serial Bonds: June 1, 2010 through June 1, 2027; Term Bonds: June 1, 2028 through June 1,2032 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year for both serial and term bonds Pledged Revenue – Utilities service tax revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – Commerce Bank Ratings – S&P: AAA, Moody's Aaa Underlying Ratings – S&P: A, Moody's A2 Projects: Serial Bond Principal The bonds were issued to finance various parks and recreation projects,FireStation #4,Environmental Services Building (in part),and to refund the City’s 2005 Line of Credit (which was used to fund the Old School Square Parking Garage Project).Approximately 96%of the bonds are governmental activities debt and approximately 4% of the bonds are business-type activities debt. City of Delray Beach, Florida Schedule of Utility Tax Revenue Bonds (Series 2007) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending Septem ber 30 99 June 1 December 1 June 1 Total 2012 -$ 78,233 $ 78,233 $ 156,466 $ 3,156,038 $ (1) 3,000,000 78,233 77,805 3,156,038 - (1) 3,000,000 $ 156,466 $ 156,038 $ 3,312,504 $ Original Authorization – $3,000,000 Issued – $3,000,000 Date of Issue – September 26, 2008 Maturity – June 1, 2013 Principal Pay ment Date – Required upon maturity Interest Payment Dates – June 1 and December 1 of each year Pledged Revenue – Non-ad valorem tax revenues Denomination – N/A Call Features – No prepayment penalty Paying Agent – TD Bank, N.A. Ratings – N/A Interest – Variable rate based on the 30-day LIBOR (London Inter Bank Offered Rate) plus sixty two and one half basis points (.625). Rate at September 30, 2011 was .88125%. Projects: (1)Estimated rate for the period. (Taxable) 2013 The bonds were issued to provide interim financing for a portion of the City's Old School Square Parking Garage Project including land acquisition. Interest Rate (1) Principal City of Delray Beach, Florida Schedule of Revenue Bonds (Series 2008) Fiscal Year Ending September 30 Interest Balance Outstanding at End of Fiscal Year 100 Fiscal Year Ending Septem ber 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2012 1,915,737 $ 3,396,784 $ $ 5,312,521 $ 32,007,742 2013 2,343,206 3,523,369 5,866,575 26,141,167 2014 2,276,725 3,593,241 5,869,966 20,271,201 2015 2,223,726 3,643,712 5,867,438 14,403,763 2016 1,620,000 438,758 2,058,758 12,345,005 2017 1,680,000 378,209 2,058,209 10,286,796 2018 1,740,000 315,321 2,055,321 8,231,475 2019 1,800,000 250,093 2,050,093 6,181,382 2020 1,870,000 182,307 2,052,307 4,129,075 2021 1,955,000 111,464 2,066,464 2,062,611 2022 2,025,000 37,611 2,062,611 - 21,449,394 $ 15,870,869 $ 37,320,263 $ City of Delray Beach, Florida Combined Schedule of Water and Sewer Revenue Bonds 101 October 1 October 1 April 1 Total 2012 $ 1,575,737 $ 2,899,263 $ - $ 4,475,000 $ 13,425,000 5.80% 2013 1,488,206 2,986,794 - 4,475,000 8,950,000 5.80 2014 1,391,725 3,083,275 - 4,475,000 4,475,000 5.85 2015 1,313,726 3,161,274 - 4,475,000 - 5.85 5,769,394 $ 12,130,606 $ $ - 17,900,000 $ Original Authorization – $28,104,475 Issued – $28,104,475 Date of Issue – June 1, 1993 Maturity Range – Capital Appreciation Bonds, Serially October 1, 1999 through October 1, 2014 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 Pledged Revenue – Utility system net revenues Denomination – $5,000 Call Features – No optional or mandatory redemption. Paying Agent/Registrar – Wachovia National Bank Jacksonville, Florida Ratings – Moody’s Aaa (AMBAC insured) Standard and Poor’s AAA (AMBAC insured) Projects: Septem ber 30 City of Delray Beach, Florida Schedule of Water and Sew er Revenue Bonds (Series 1993) The bonds were issued for financing the cost of refunding a portion of the Water and Sewer Revenue Bonds (Series 1988) and (Series 1991), and to provide funds for the acquisition and construction of certain additions, extensions and improvements to the City's combined utility. Interest Rate Serial Bond Principal Balance Outstanding at End of Fiscal Year Fiscal Year Ending Interest 102 October 1 October 1 April 1 Total 2012 $ 130,000 $ 36,815 $ 34,228 $ 201,043 $ 2,089,550 3.98% 2013 135,000 34,228 31,542 200,770 1,888,780 3.98 2014 140,000 31,542 28,756 200,298 1,688,482 3.98 2015 145,000 28,756 25,870 199,626 1,488,856 3.98 2016 165,000 25,870 22,587 213,457 1,275,399 3.98 2017 170,000 22,587 19,204 211,791 1,063,608 3.98 2018 180,000 19,204 15,622 214,826 848,782 3.98 2019 185,000 15,622 11,940 212,562 636,220 3.98 2020 195,000 11,940 8,060 215,000 421,220 3.98 2021 200,000 8,060 4,080 212,140 209,080 3.98 2022 205,000 4,080 - 209,080 - 3.98 1,850,000 $ 238,704 $ 201,889 $ 2,290,593 $ Original Authorization – $2,350,000 Issued – $2,350,000 Date of Issue – November 17, 2006 Maturity Range – Serial Bonds: October 1, 2007 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – SunTrust Bank Ratings – N/A Projects: City of Delray Beach, Florida Schedule of Water and Sew er Revenue Bonds (Series 2006B) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending Septem ber 30 Serial Bond Principal The bonds were issued to finance the City's share of the Reclaimed Water Treatment Project at the South Central Regional Wastewater Treatment Faciltiy. 103 October 1 October 1 April 1 Total 2012 $ 210,000 $ 185,220 $ 180,590 $ 575,810 $ 10,444,171 4.41% 2013 220,000 180,589 175,739 576,328 9,867,843 4.41 2014 230,000 175,738 170,667 576,405 9,291,438 4.41 2015 240,000 170,667 165,375 576,042 8,715,396 4.41 2016 940,000 165,375 144,648 1,250,023 7,465,373 4.41 2017 980,000 144,648 123,039 1,247,687 6,217,686 4.41 2018 1,020,000 123,039 100,548 1,243,587 4,974,099 4.41 2019 1,060,000 100,548 77,175 1,237,723 3,736,376 4.41 2020 1,110,000 77,175 52,700 1,239,875 2,496,501 4.41 2021 1,170,000 52,699 26,901 1,249,600 1,246,901 4.41 2022 1,220,000 26,901 - 1,246,901 - 4.41 8,400,000 $ 1,402,599 $ 1,217,382 $ 11,019,981 $ Original Authorization – $9,000,000 Issued – $9,000,000 Date of Issue – September 18, 2007 Maturity Range – Serial Bonds: October 1, 2008 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – Branch Banking and Trust Company Ratings – N/A Projects: Fiscal Year Ending Septem ber 30 Serial Bond Principal The bonds were issued to finance the City's share of the Reclaimed Water Treatment and Deepwell Project at the South Central Regional Wastewater Treatment Facility. City of Delray Beach, Florida Schedule of Water and Sew er Revenue Bonds (Series 2007) Interest Balance Outstanding at End of Fiscal Year Interest Rate 104 October 1 October 1 April 1 Total 2012 $ - $ - $ 60,668 $ 60,668 $ 6,049,021 2.21% 2013 500,000 60,001 54,476 614,477 5,434,544 2.21 2014 515,000 54,477 48,786 618,263 4,816,281 2.21 2015 525,000 48,786 42,984 616,770 4,199,511 2.21 2016 515,000 42,984 37,294 595,278 3,604,233 2.21 2017 530,000 37,294 31,437 598,731 3,005,502 2.21 2018 540,000 31,437 25,471 596,908 2,408,594 2.21 2019 555,000 25,471 19,337 599,808 1,808,786 2.21 2020 565,000 19,338 13,094 597,432 1,211,354 2.21 2021 585,000 13,094 6,630 604,724 606,630 2.21 2022 600,000 6,630 - 606,630 - 2.21 5,430,000 $ 339,512 $ 340,177 $ 6,109,689 $ Original Authorization – $5,430,000 Issued – $5,430,000 Date of Issue – September 29, 2011 Maturity Range – Serial Bonds: October 1, 2012 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – None Call Features – 1% penalty for early payment Paying Agent – Branch Banking and Trust Company Ratings – N/A Projects: Fiscal Year Ending Septem ber 30 Serial Bond Principal The bonds were issued to finance the cost of refunding the Series 2006A Water and Sewer Revenue Bonds. City of Delray Beach, Florida Schedule of Water and Sew er Refunding Revenue Bond (Series 2011A) Interest Balance Outstanding at End of Fiscal Year Interest Rate 105 Fiscal Year Ending Septem ber 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2012 $ 99,548 $ 4,080 $ 103,628 94,992 $ 2013 93,694 1,298 94,992 - 193,242 $ 5,378 $ 198,620 $ Schedule of installment agreements consists of the following: SunTrust Leasing – SunTrust Leasing – City of Delray Beach, Florida Schedule of I nstallment Agreements (Capital L eases) Original amount of principal—$131,420,48-month term,2.760%interest,dates September 18,2009 through August 18,2013—golf carts at Delray Beach Golf Course. Original amount of principal—$260,600,48-month term,2.760%interest,dates September 18, 2009 through August 18, 2013—parking meters. 106 Principal Interest Septem ber 1 Sept. 1/Mar. 1 Total 2012 $ 1,595,000 $ 512,558 $ 2,107,558 $ 11,099,566 4.2982 - 5.9095 % 2013 1,670,000 437,454 2,107,454 8,992,112 4.2982 - 5.9095 2014 1,750,000 358,764 2,108,764 6,883,348 4.2982 - 5.9095 2015 1,420,000 276,274 1,696,274 5,187,074 4.2982 - 5.9095 2016 1,250,000 209,746 1,459,746 3,727,328 4.2982 - 5.9095 2017 1,090,000 151,440 1,241,440 2,485,888 4.2982 - 4.8000 2018 1,140,000 103,184 1,243,184 1,242,704 4.2982 - 4.8000 2019 1,190,000 52,704 1,242,704 - 4.2982 - 4.8000 11,105,000 $ 2,102,124 $ 13,207,124 $ Original Authorization – $10,000,000 (Series 2004A - Tax-exempt) – $1,925,000 (Series 2004B - Taxable) – $9,715,000 (Series 1999A - Tax-exempt) Issued – $10,000,000 ($5,000,000 issued before September 30, 2004 and $5,000,000 issued from October 1, 2004 to December 31, 2004 - Series 2004A - Tax-exempt) – $1,925,000 (Series 2004B - Taxable) – $9,715,000 (Series 1999A - Tax-exempt) Date of Issue – May 19, 2004 (2004 Series), and June 25, 1999 (1999 Series) Maturity Range – Serially September 1, 2001 through September 1, 2019 (Series 2004A&B, & 1999) Principal Payment Date – Series 2004A : September 1 of each year, commencing September 1, 2005 – Series 2004B : September 1 of each year, commencing September 1, 2005 – Series 1999A : September 1 of each year, commencing September 1, 2001 Interest Rate – Series 2004A : 4.2982% until September 1, 2019 – Series 2004B : 5.9095% until September 1, 2016 – Series 1999A : 4.80% until September 1, 2019 Pledged Revenue – Tax increment revenues Denomination – N/A Call Features – No penalty for early payment for taxable debt only Paying Agent/Registrar – Bank of America (Series 2004A & B, & 1999) Ratings – Not rated Project:The Series 2004A and 1999A proceeds were issued for the purpose of financing the costs of acquisition and construction of certain redevelopment projects. Proceeds of the Series 2004B Bonds were used to refund the 1999B Series Bonds. Fiscal Year Ending Septem ber 30 City of Delray Beach, Florida Combined Schedule of Community Redevelopment Agency Tax Increment Redevelopment Revenue Bonds (Series 2004 and Series 1999) Balance Outstanding at End of Fiscal Year Interest Rate 107 Statistical Section 108 STATISTICAL SECTION This part of the City of Delray Beach com prehensive annual financial report presents detailed information as a context for understanding what the inform ation in the financial statements, note disclosures, and required supplemen tary information says about the City’s overall financial health. Contents Page Financial Trends .........................................................................................................................................109 These schedules contain trend information to help the reader understand how the City’s financial performance and well -being have changed over time. Re venue Capacity .......................................................................................................................................123 These schedules contain information to help the reader assess the City’s most significant local revenue source, the property tax. Debt Capacity .............................................................................................................................................126 These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future. Dem ogra p hic and Economic Information ..................................................................................................130 These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place. Operating Information ................................................................................................................................132 These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City of Delray Beach provides and the activities it performs. Sources: Unless otherwise noted, the information in these schedules is derived from the comp rehensive annual financial reports for the relevant year. C ITY OF D ELRAY B EACH, F LORIDA Net Assets by Component Last Nine Fiscal Years Accrual Basis of Accounting 2003 2004 2005 2006 Governmental activities Invested in capital assets, net of related debt 25,996,353 $ 15,130,555 $ 24,817,964 $ 55,464,989 $ Restricted 5,992,593 24,530,625 22,855,797 8,014,482 Un restricted 8,359,365 13,393,763 20,185,194 22,245,386 Total governmental activities net assets 40,348,311 $ 53,054,943 $ 67,858,955 $ 85,724,857 $ Bu siness-type activities Invested in capital assets, net of related debt 53,818,297 $ 54,347,706 $ 59,315,335 $ 59,024,376 $ Restricted 5,387,916 4,859,275 4,469,621 1,338,263 Un restricted 20,023,794 23,182,592 23,565,069 34,032,926 Total business-type activities net assets 79,230,007 $ 82,389,573 $ 87,350,025 $ 94,395,565 $ Primary government Invested in capital assets, net of related debt 79,814,650 $ 69,478,261 $ 84,133,299 $ 114,489,365 $ Restricted 11,380,509 29,389,900 27,325,418 9,352,745 Un restricted 28,383,159 36,576,355 43,750,263 56,278,312 Total primary government net assets 119,578,318 $ 135,444,516 $ 155,208,980 $ 180,120,422 $ Information prior to the adoption of GASB Statement 34 in fiscal y ear 2003 is not available. Fiscal Year 109 2007 2008 2009 2010 2011 51,049,876 $ 70,521,186 $ 76,546,448 $ 77,727,858 $ 78,779,535 $ 20,850,170 12,644,718 10,728,740 13,592,226 6,520,365 23,371,450 23,694,418 23,962,095 21,879,827 26,242,684 95,271,496 $ 106,860,322 $ 111,237,283 $ 113,199,911 $ 111,542,584 $ 54,782,750 $ 65,505,859 $ 66,198,545 $ 69,465,739 $ 74,942,051 $ 7,038,221 6,658,262 1,592,060 7,116,700 4,089,921 40,529,960 38,161,102 43,117,847 39,543,220 38,297,015 102,350,931 $ 110,325,223 $ 110,908,452 $ 116,125,659 $ 117,328,987 $ 105,832,626 $ 136,027,045 $ 142,744,993 $ 147,193,597 $ 153,721,586 $ 27,888,391 19,302,980 12,320,800 20,708,926 10,610,286 63,901,410 61,855,520 67,079,942 61,423,047 64,539,699 197,622,427 $ 217,185,545 $ 222,145,735 $ 229,325,570 $ 228,871,571 $ Fiscal Year 110 C ITY OF D ELRAY B EACH, F LORIDA Changes in Net Assets Last Nine Fiscal Years Accrual Basis of Accounting 2003 2004 2005 2006 Expenses Governmental activities: General government 12,615,732 $ 13,504,963 $ 16,634,186 $ 20,944,239 $ Public safety 41,494,100 42,413,760 44,818,400 49,389,129 Physical environment 4,129,748 4,154,255 4,569,904 5,931,521 Parks and recreation 10,804,249 10,608,918 11,164,817 12,428,343 Interest on long-term debt 1,715,063 2,476,264 2,078,244 2,755,249 Total governmental activities expenses 70,758,892 73,158,160 79,265,551 91,448,481 Business-type activities: Water/Sewer Utility 18,865,811 22,835,889 19,975,077 20,432,143 Municipal Golf Course 2,942,377 3,381,336 3,382,942 3,467,334 Lakeview Golf Course 700,932 696,573 709,142 653,116 City Marina 103,101 104,143 109,026 114,222 Sanitation 2,354,354 4,338,426 3,788,232 9,053,052 Stormwater Utility 1,429,557 1,078,343 1,111,291 1,050,275 Total business-type activities expenses 26,396,132 32,434,710 29,075,710 34,770,142 Total primary government expenses 97,155,024 $ 105,592,870 $ 108,341,261 $ 126,218,623 $ Program Revenues Governmental activities: Charges for services: General government 3,826,407 $ 3,623,697 $ 4,367,332 $ 4,986,337 $ Public safety 6,041,301 5,481,990 5,823,023 5,310,373 Physical environment 615,657 633,729 598,019 641,251 Parks and recreation 1,264,769 1,092,586 1,157,013 1,143,867 Operating grants and contributions: General government 1,326,703 1,975,397 1,829,154 3,260,394 Public safety 784,980 1,868,212 2,006,827 1,825,883 Physical environment 238,877 360,352 427,188 1,226,975 Parks and recreation 97,473 57,955 398,307 3,137,386 Capital grants and contributions: General government - 1,611,519 1,184,058 342,025 Public safety - - - - Physical environment 202,031 152,477 470,063 - Parks and recreation 150,000 1,641,635 479,116 - Total governmental activities program revenues 14,548,198 18,499,549 18,740,100 21,874,491 Business-type activities: Charges for services: Water/Sewer 22,716,982 23,635,054 24,426,939 25,748,645 Municipal Golf Course 2,475,728 3,294,989 3,300,439 3,437,934 Lakeview Golf Course 828,116 827,397 823,777 768,299 City Marina 109,352 150,644 155,200 149,294 Sanitation 2,521,938 2,602,241 2,538,402 2,615,981 Stormwater Utility 1,629,589 1,661,505 1,672,635 1,702,322 Operating Capital grants and contributions: Water/Sewer 323,978 2,038,967 786,217 1,913,869 Municipal Golf Course 92,298 113,720 130,408 131,171 Lakeview Golf Course 4,336 17,165 35,502 55,415 City Marina 205 56,912 2,177 273 Sanitation 103,703 1,790,775 1,237,680 5,663,671 Stormwater Utility 260,465 30,435 20,552 45,157 Capital grants and contributions: Water/Sewer 1,909,473 1,968,840 1,290,786 967,462 Municipal Golf Course 10,508 - - - Stormwater Utility - - - 146,026 Total business-type activities program revenues 32,986,671 38,188,644 36,420,714 43,345,519 Total primary government program revenues 47,534,869 $ 56,688,193 $ 55,160,814 $ 65,220,010 $ Net (expense)/revenue Governmental activities (56,210,694)$ (54,658,611)$ (60,525,451)$ (69,573,990)$ Business-type activities 6,590,539 5,753,934 7,345,004 8,575,377 Total primary government net expense (49,620,155)$ (48,904,677)$ (53,180,447)$ (60,998,613)$ Note: Pg 1 of 2 Fiscal Year 111 2007 2008 2009 2010 2011 25,304,576 $ 25,137,520 $ 22,331,793 $ 22,451,901 $ 18,350,964 $ 55,930,194 56,742,719 54,234,648 56,042,835 56,586,070 7,194,134 8,130,445 9,859,520 8,378,489 7,559,512 14,723,853 14,457,336 14,790,100 15,334,070 15,647,602 1,389,786 2,832,011 3,278,142 2,863,293 2,701,776 104,542,543 107,300,031 104,494,203 105,070,588 100,845,924 22,407,194 23,932,410 25,636,462 26,196,959 29,558,007 3,440,617 3,265,478 2,952,315 3,006,373 2,976,846 748,549 704,782 744,544 669,681 676,158 120,146 121,004 131,235 137,095 136,955 2,897,768 3,476,663 4,443,701 4,391,569 4,293,784 1,331,003 1,506,764 1,390,004 1,490,446 1,677,612 30,945,277 33,007,101 35,298,261 35,892,123 39,319,362 135,487,820 $ 140,307,132 $ 139,792,464 $ 140,962,711 $ 140,165,286 $ 4,521,285 $ 4,622,167 $ 3,216,555 $ 3,279,505 $ 3,623,718 $ 6,033,201 6,543,112 6,739,002 7,346,627 7,022,063 626,974 649,216 971,381 1,371,036 1,419,279 1,236,660 1,282,353 1,465,722 1,578,023 1,726,011 3,165,420 3,945,992 4,645,288 4,930,159 2,529,998 2,033,988 2,292,523 1,986,484 1,921,898 1,844,661 547,284 103,357 24,979 92,887 - 1,345,900 997,425 143,090 89,883 466,706 1,383,440 622,993 848,436 598,366 414,403 - 749,250 200,900 - - - 8,250,000 40,977 160,346 18,424 - - - - - 20,894,152 30,058,388 20,282,814 21,368,730 19,065,263 29,162,001 29,245,949 33,445,652 31,861,348 31,962,663 3,467,778 3,459,044 3,303,511 2,995,351 2,820,197 853,654 681,561 749,367 666,964 666,591 160,605 208,598 204,467 185,435 209,145 3,094,658 3,383,499 4,942,922 4,770,585 4,739,150 2,097,527 2,090,146 2,095,636 2,105,069 2,112,375 951,487 2,595,258 1,092,926 386,822 511,829 182,796 43,969 37,040 43,671 51,769 6,171 5,410 5,985 5,643 5,855 491 884 35,653 9,997 1,628 115,040 417,250 130,030 780,500 322,010 362,325 17,509 17,366 13,260 12,757 1,424,878 996,447 1,102,611 872,684 713,526 - - - - 2,762 - - - - 72,644 41,879,411 43,145,524 47,163,166 44,697,329 44,204,901 62,773,563 $ 73,203,912 $ 67,445,980 $ 66,066,059 $ 63,270,164 $ (83,648,391)$ (77,241,643)$ (84,211,389)$ (83,701,858)$ (81,780,661)$ 10,934,134 10,138,423 11,864,905 8,805,206 4,885,539 (72,714,257)$ (67,103,220)$ (72,346,484)$ (74,896,652)$ (76,895,122)$ Fiscal Year 112 C ITY OF D ELRAY B EACH, F LORIDA Changes in Net Assets Last Nine Fiscal Years Accrual Basis of Accounting 2003 2004 2005 2006 General Revenues and Other Changes in Net Assets Governmental activities: Taxes: Property taxes 32,069,034 $ 36,055,993 $ 41,581,718 $ 49,825,341 $ Franchise fees 3,467,379 3,817,080 3,989,989 4,879,168 Utility service taxes 8,093,064 7,704,692 8,088,142 8,678,710 Sales taxes 1,715,268 1,806,689 1,895,507 1,488,936 Local business tax - - - - Intergovernmental, unrestricted 5,827,651 6,443,433 6,928,194 7,393,652 Investment earnings 460,913 462,340 1,543,167 2,561,044 Gain on disposal of capital assets (4,872,674) 36,514 1,112,107 19,532 Miscellaneous 3,490,308 7,273,876 7,612,229 10,616,990 Transfers 2,586,058 2,672,550 2,575,410 1,976,519 Total governmental activities 52,837,001 66,273,167 75,326,463 87,439,892 Business-type activities Investment earnings 128,491 78,182 190,858 446,682 Transfers (2,586,058) (2,672,550) (2,575,410) (1,976,519) Total business-type activities (2,457,567) (2,594,368) (2,384,552) (1,529,837) Total primary government 50,379,434 $ 63,678,799 $ 72,941,911 $ 85,910,055 $ Changes in Net Assets Governmental activities (3,373,694)$ 11,914,556 $ 14,804,012 $ 17,865,902 $ Business-type activities 4,132,972 3,159,566 4,960,452 7,045,540 Total primary government 759,278 $ 15,074,122 $ 19,764,464 $ 24,911,442 $ Note: Pg 2 of 2 Information prior to the adoption of GASB Statement 34 in fiscal year 2003 is not available Fiscal Year 113 2007 2008 2009 2010 2011 59,091,002 $ 55,302,837 $ 53,984,307 $ 56,656,596 $ 47,467,480 $ 5,257,560 5,247,442 5,333,561 4,986,589 4,857,533 8,222,944 8,338,282 8,958,175 9,038,143 8,777,975 1,438,613 1,365,552 1,308,213 1,301,502 1,293,963 - - 789,705 616,861 702,394 6,927,534 6,532,854 5,917,818 5,763,694 5,983,120 2,816,429 2,064,705 322,165 227,535 306,887 - - - - - 5,724,228 7,320,429 8,425,515 7,479,767 7,022,162 3,716,720 2,659,368 3,547,891 3,593,799 3,711,820 93,195,030 88,831,469 88,587,350 89,664,486 80,123,334 737,952 495,237 6,897 5,800 29,609 (3,716,720) (2,659,368) (3,547,891) (3,593,799) (3,711,820) (2,978,768) (2,164,131) (3,540,994) (3,587,999) (3,682,211) 90,216,262 $ 86,667,338 $ 85,046,356 $ 86,076,487 $ 76,441,123 $ 9,546,639 $ 11,589,826 $ 11,833,506 $ 1,962,628 $ (1,657,327)$ 7,955,366 7,974,292 8,323,911 5,217,207 1,203,328 17,502,005 $ 19,564,118 $ 20,157,417 $ 7,179,835 $ (453,999)$ Fiscal Year 114 C ITY OF D ELRAY B EACH, F LORIDA Governmental Activities Tax Revenues by Source Last Nine Fiscal Years Accrual Basis of Accounting Utility Sales Local Fiscal Property Franchise Service and Use Bu siness Year Taxes Fees (1)Tax Tax Tax (2)Total 2003 32,069,034 $ 3,467,379 $ 8,093,064 $ 1,715,268 $ -$ 45,344,745 $ 2004 36,355,993 3,817,080 7,704,692 1,806,689 - 49,684,454 2005 41,584,718 3,989,989 8,088,142 1,895,507 - 55,558,356 2006 49,825,341 4,879,168 8,678,710 1,488,936 - 64,872,155 2007 59,091,002 5,257,560 8,222,944 1,438,613 - 74,010,119 2008 55,302,837 - 8,338,282 1,365,552 - 65,006,671 2009 53,984,307 - 8,958,175 1,308,213 789,705 64,250,695 2010 52,656,596 - 9,038,143 1,301,502 616,861 62,996,241 2011 47,467,480 - 8,777,975 1,293,963 702,394 57,539,418 Information prior to the adoption of GASB Statement 34 in fiscal y ear 2003 is not available. (1) Effective with the 2008 fiscal year, franchise fees are categorized as revenue from Fees and Permits. (2) Effective with the 2009 fiscal year, local business tax receipts (formerly occupational licenses) are are no longer categorized as revenue from Fees and Permits. 115 C ITY OF D ELRAY B EACH, F LORIDA Fund Balances of Governmental Funds Last Ten Fiscal Years Modified Accrual Basis of Accounting 2002 2003 2004 2005 General fund Reserved 5,124,437 $ 4,947,799 $ 4,967,938 $ 4,966,646 $ Un reserved 9,063,157 9,833,986 9,755,423 12,760,913 Nonspendable: Inventory - - - - Prepaid items - - - - Long-term notes receivable - - - - Restricted for: Capital projects - - - - Assigned to: Special purposes - - - - Un assigned - - - - Total General Fund 14,187,594 $ 14,781,785 $ 14,723,361 $ 17,727,559 $ All other governmental funds Reserved 126,308,825 $ 1,054,524 $ 691,647 $ 685,255 $ Un reserved, reported in: Capital Project Funds - 1,034,344 23,844,943 22,170,982 Fiduciary Funds 1,071,679 - - - Special revenue funds 990,931 3,903,725 4,069,657 5,027,645 Nonspendable: Prepaid items - - - - Long-term notes receivable - - - - Restricted for: Debt service - - - - Law enforcement - - - - Assigned to: Capital Projects Funds - - - - Special Revenue Funds - - - - Un assigned Special Revenue Funds (deficit)- - - - Total all other governmental funds 128,371,435 $ 5,992,593 $ 28,606,247 $ 27,883,882 $ Note: GASB Statement No. 54 was adopted for 2011 resulting in the reclassification of the Governmental Funds fund balances. 116 2006 2007 2008 2009 2010 2011 4,678,873 $ 4,557,940 $ 4,328,761 $ 3,992,760 $ 3,723,755 $ -$ 15,897,538 18,828,235 18,593,915 19,747,589 20,337,823 - - - - - - 27,178 - - - - - 719,973 - - - - - 3,165,084 - - - - - 5,984 - - - - - 151,013 - - - - - 18,682,823 20,576,411 $ 23,386,175 $ 22,922,676 $ 23,740,349 $ 24,061,578 $ 22,752,055 $ 686,909 $ 744,096 $ 2,563,856 $ 767,398 $ 789,940 $ -$ 7,327,573 20,161,989 11,584,321 9,962,213 7,421,960 - - - - - - - 3,764,814 3,488,365 3,389,886 3,500,989 5,377,312 - - - - - - 289 - - - - - 1,726,988 - - - - - 505,430 - - - - - 298,655 - - - - - 5,716,280 - - - - - 4,364,956 - - - - - (640,364) 11,779,296 $ 24,394,450 $ 17,538,063 $ 14,230,600 $ 13,589,212 $ 11,972,234 $ 117 C ITY OF D ELRAY B EACH, F LORIDA Changes in Fund Balances of Governmental Funds Last Ten Fiscal Years Modified Accrual Basis of Accounting 2002 2003 2004 2005 Revenues Taxes 41,875,982 $ 45,344,745 $ 49,684,454 $ 55,558,356 $ Licenses and permits 2,596,400 3,325,436 3,382,038 4,089,257 Intergovernmental 13,660,832 8,627,715 11,018,541 12,538,849 Charges for services 5,365,513 6,373,274 6,307,636 6,788,919 Fines and forfeitures 1,551,790 2,049,424 1,142,328 1,067,211 Miscellaneous 4,043,066 3,555,725 7,669,984 9,608,131 Total revenues 69,093,583 69,276,319 79,204,981 89,650,723 Expenditures Current General government 8,465,083 10,999,876 12,311,018 15,298,763 Public safety 36,784,874 39,212,634 42,399,400 45,841,687 Phy sical environment 2,439,392 2,844,727 2,743,039 3,158,099 Parks and recreation 7,889,455 9,315,681 9,484,527 10,197,131 Grants 1,600,243 - - - Capital Outlay 32,425,089 5,457,998 4,280,554 20,826,381 Debt service Principal retirement 2,818,783 16,588,754 10,973,807 4,159,139 Interest and other fiscal charges 2,086,935 1,767,662 1,793,518 2,011,900 Bond issue costs - 316,194 102,520 22,000 Total expenditures 94,509,854 86,503,526 84,088,383 101,515,100 Excess of revenues over (under) expenditures (25,416,271) (17,227,207) (4,883,402) (11,864,377) Other financing sources (uses) Installment agreement issued - - - - Bon ds issued 26,098,902 26,694,728 23,723,914 10,050,000 Proceeds from sale of capital assets - 11,462,000 7,998,210 1,133,170 Proceeds of refunding note - - 581,420 487,977 Redemption of bonds - (27,245,147) (7,372,000) - Premium on bond debt - - 67,413 - Transfers in 7,686,084 8,763,402 10,795,139 9,580,467 Transfers out (7,448,036) (5,889,224) (8,355,464) (7,105,404) Total other financing sources (uses)26,336,950 13,785,759 27,438,632 14,146,210 Net change in fund balances 920,679 $ (3,441,448)$ 22,555,230 $ 2,281,833 $ Debt service as a percentage of non-capital expenditures 7.90%23.04%16.13%7.68% 118 2006 2007 2008 2009 2010 2011 64,872,155 $ 74,010,119 $ 65,006,671 $ 65,040,400 $ 63,613,102 $ 58,241,812 $ 4,716,040 4,325,079 9,693,973 8,393,462 7,848,364 7,957,960 16,844,290 14,020,126 13,872,151 12,717,659 12,798,521 10,824,485 6,578,078 7,020,582 7,985,973 8,579,286 9,122,062 9,418,571 787,710 1,072,459 664,344 753,473 1,591,354 1,272,073 13,246,356 8,132,308 9,171,109 8,683,421 7,624,308 7,285,098 107,044,629 108,580,673 106,394,221 104,167,701 102,597,711 94,999,999 19,346,064 22,952,680 22,856,837 21,001,014 20,223,169 17,848,375 49,739,465 53,662,961 55,274,605 54,034,021 55,750,747 55,095,307 4,550,030 5,355,092 5,981,177 7,253,871 5,695,353 4,849,851 11,208,994 12,460,242 12,302,491 12,491,281 13,044,535 12,874,379 - - - - - - 31,840,070 21,042,901 15,406,527 8,021,386 6,056,493 4,758,088 4,102,788 11,345,356 4,543,545 4,553,835 3,357,533 3,490,360 2,360,879 2,373,627 2,987,110 3,134,074 2,873,815 2,723,863 - 353,104 25,365 - - - 123,148,290 129,545,963 119,377,657 110,489,482 107,001,645 101,640,223 (16,103,661) (20,965,290) (12,983,436) (6,321,781) (4,403,934) (6,640,224) - - - 260,600 - - 575,000 30,770,787 3,000,000 - - - 96,835 62,471 2,590 49,802 22,161 1,903 199,573 - - - - - - - - - - - - - - - - - 10,337,375 13,086,133 9,707,274 9,214,199 7,548,409 7,983,124 (8,360,856) (7,381,327) (7,046,314) (5,692,610) (3,486,795) (4,271,304) 2,847,927 36,538,064 5,663,550 3,831,991 4,083,775 3,713,723 (13,255,734)$ 15,572,774 $ (7,319,886)$ (2,489,790)$ (320,159)$ (2,926,501)$ 7.08%12.97%7.27%7.50%6.17%6.41% 119 C ITY OF D ELRAY B EACH, F LORIDA General Governmental Tax Revenues By Source Last Ten Fiscal Years Modified Accrual Basis of Accounting Utility Local Fiscal Property Franchise Service Sales Bu siness Year Taxes Fees (1)Tax Tax Tax (2)Total 2002 29,011,246 $ 3,426,725 $ 7,875,835 $ 1,562,176 $ -$ 41,875,982 $ 2003 32,069,034 3,467,379 8,093,064 1,715,268 - 45,344,745 2004 36,355,993 3,817,080 7,704,692 1,806,689 - 49,684,454 2005 41,584,718 3,989,989 8,088,142 1,895,507 - 55,558,356 2006 49,825,341 4,879,168 8,678,710 1,488,936 - 64,872,155 2007 59,091,002 5,257,560 8,222,944 1,438,613 - 74,010,119 2008 55,302,837 - 8,338,282 1,365,552 - 65,006,671 2009 53,984,307 - 8,958,175 1,308,213 789,705 65,040,400 2010 52,656,596 - 9,038,143 1,301,502 616,861 63,613,102 2011 47,467,480 - 8,777,975 1,293,963 702,394 58,241,812 (1) Effective with the 2008 fiscal year, franchise fees are categorized as revenue from Fees and Permits. (2) Effective with the 2009 fiscal year, local business tax receipts (formerly occupational licenses) are are no longer categorized as revenue from Fees and Permits. 120 C ITY OF D ELRAY B EACH, F LORIDA Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years Fiscal Year Tax Ending Roll Real Personal Assessed 30,Year PropertyPropertyProperty Total 20022001 4,514,242,147 $ 308,721,797 $ 1,589,665 $ 4,824,553,609 $ 20032002 5,132,464,519 304,048,307 1,623,001 5,438,135,827 20042003 5,976,557,462 287,867,486 2,013,779 6,266,438,727 20052004 6,954,954,190 291,470,970 2,159,862 7,248,585,022 20062005 8,530,762,079 292,523,818 1,929,130 8,825,215,027 20072006 11,615,147,721 319,788,615 2,135,457 11,937,071,793 20082007 11,599,199,337 333,985,825 2,755,227 11,935,940,389 20092008 10,881,842,880 339,398,773 2,954,529 11,224,196,182 20102009 8,948,585,352 328,007,736 3,991,739 9,280,584,827 20112010 7,780,872,856 334,936,255 3,739,563 8,119,548,674 Note: The basis of just value is approximately one hundred percent (100%) of actual value. For each fiscal year ending September 30, property is valued as of January 1st of the preceding calendar y ear. Source: Palm Beach County Property Appraiser-Form DR-403 (Revised Recapitulation of the Ad Valorem Assessment Rolls of Delray Beach, Palm Beach County, Florida). Just Value 121 Less Estimated Total Taxable Assessed Tax Exempt Total Taxable Total Direct Actual Value as a % of Property Assessed Value Tax Rate Value Estimated Actual Value 1,064,952,700 $ 3,759,600,909 $ 8.0000 3,760,079,452 $ 99.99% 1,286,673,169 4,151,462,658 8.0000 5,127,441,633 80.97% 1,560,635,598 4,705,803,129 8.0000 5,911,220,501 79.61% 1,870,893,294 5,377,691,728 8.0000 6,884,493,821 78.11% 2,373,715,664 6,451,499,363 8.0000 8,411,930,488 76.69% 3,574,481,397 8,362,590,396 7.3000 11,380,589,015 73.48% 3,243,881,789 8,692,058,600 6.5783 11,374,426,933 76.42% 3,074,589,654 8,149,606,528 6.8504 10,634,938,238 76.63% 2,270,466,355 7,010,118,472 7.7216 8,714,452,876 80.44% 1,869,880,655 6,249,668,019 7.7902 7,541,945,805 82.87% 122 C ITY OF D ELRAY B EACH, F LORIDA Property Tax Rates - Direct and Overlapping Governments Last Ten Fiscal Years Total Fiscal Year City of Special Ending Delray Taxing Total September 30,Beach Districts All 2002 7.37000.63008.00008.94804.55001.8470 23.3450 2003 7.44000.56008.00008.77904.50001.8230 23.1020 2004 7.52000.48008.00008.57104.79101.8270 23.1890 2005 7.45000.55008.00008.43204.76771.7970 22.9967 2006 7.45000.55008.00008.10605.4464 1.7770 23.3294 2007 6.86000.44007.30007.87204.28001.6670 21.1190 2008 6.14490.43346.57837.35603.98131.5140 19.4296 2009 6.39000.46046.85047.25103.96561.6215 19.6885 2010 7.19000.53167.72167.98304.56141.7691 22.0351 2011 7.19000.60027.79028.15394.99602.5552 23.4953 Beach Debt Fund County Service District General Palm School Sco muni sha n tangible so erty sed Ta 31 Taxes D D % J Penalt inqun Apri T eac Tax rate limits - Te n mills per Florida Statute 200.81 (o ne mill equals $1 per $1,000 of assessed valuation). Scope of tax rate limit -No municipality shall levy ad valorem taxes for r eal and tangible personal property in excess of ten mills of the asses sed value, except for special benefits and debt ser vice on obligatio ns issued with the approval of those taxpay er s subject to ad valorem taxes. Taxes assessed - J an uary 1 Taxes due - March 31 Taxes delinquent - April 1 Discount allowed - 4% Novem ber; 3% December; 2% January; 1% February Penalties for del inquent - 2.5% after April 1, inc rease .5% eac h te n days; maximum 5% Tax collector - Palm Beach County Tax collector’s commission - None 123 C ITY OF D ELRAY B EACH, F LORIDA Principal Property Taxpayers Current Year and Nine Years Ago September 30, 2011 Taxable Percentage of Taxable Percentage of Assessed Taxes Total Taxes Assessed Taxes Total Taxes Valuation Levied Rank Levied Valuation Levied Rank Levied Florida Power and Light 74,334,805 $ 579,083 $ 11.25%-$ -$ -- Tenet Healthcare Corp.38,165,644 297,318 20.64%- - -- Citation Club Investors 37,479,654 291,974 30.63%100,094,125 800,753 12.75% RREEF 37,408,796 291,422 40.63%- - -- Linton Delray LLC 34,916,048 272,003 50.59%- - -- Ocean Properties Ltd.34,057,149 265,312 60.57%65,903,625 527,229 61.81% HHC Seagate Inc.34,057,149 265,312 70.57%- - -- Delray Community Hospital 29,484,481 229,690 80.49%- - -- Lifespan Communities Inc.28,060,769 218,599 90.47%- - -- MS LPC South Congress Holdings LLC 25,763,909 200,706 100.43%- - -- St. Stephen Limited Partnership - - --97,864,000 782,912 22.69% Office Depot Inc.- - --92,133,125 737,065 32.53% Delray Intracoastal - - --74,978,375 599,827 42.06% Realty Associates Fund V - - --70,436,125 563,489 51.94% Depot Realty - - --58,462,375 467,699 71.61% Palm Beach County Health Facility - - --56,739,000 453,912 81.56% Morse Operations Inc.- - --52,039,250 416,314 91.43% Minto Builders Florida, Inc.- - --51,682,375 413,459 101.42% Totals 373,728,402 $ 2,911,419 $ 6.27%720,332,375 $ 5,762,659 $ 19.81% Source: Palm Beach County Property Appraiser's Office Total taxes levied: Fiscal Year 2011 46,416,830 $ Fiscal Year 2002 29,084,111 $ City Millage Rate: Fiscal Year 2011 7.7902 Fiscal Year 2002 8.0000 2011 2002 124 C ITY OF D ELRAY B EACH, F LORIDA Property Tax Levies and Collections Last Ten Fiscal Years Collections Fiscal Year Percent as a Percent Ending of Levy of Current September 30,Collected Levy 2002 29,084,111 $28,938,206 $99.50%115,526 $ 29,053,732 $99.90% 2003 32,099,240 31,953,508 99.55%46,171 31,999,679 99.69% 2004 36,399,203 36,309,822 99.75%70,069 36,379,891 99.95% 2005 41,606,999 41,514,649 99.78%66,409 41,581,058 99.94% 2006 49,828,444 49,758,932 99.86%68,388 49,827,320 100.00% 2007 59,150,165 59,021,614 99.78%- 59,021,614 99.78% 2008 55,452,218 55,213,846 99.57%88,991 55,302,837 99.73% 2009 54,234,643 53,745,390 99.10%238,917 53,984,307 99.54% 2010 52,477,859 52,183,869 99.44%472,727 52,656,596 100.34% 2011 46,416,830 46,950,920 101.15%516,560 47,467,480 102.26% Note: All property taxes are assessed and collected by Palm Beach County without charge to the City . Collections are distributed in full as collected. * Tax levy , net of allowance for discounts. Tax Tax Current Levy*Collections Collections Collections Total Net Tax Delinquent Property Tax 125 C ITY OF D ELRAY B EACH, F LORIDA Ratios of Outstanding Debt by Type Last Ten Fiscal Years Total Obligation Obligation Debt as a General Under Under Total Percentage Debt Fiscal Obligation Revenue Installment Revenue Installment Primary of Personal Per Year BondsBonds Agreements Bonds Agreements Government Income Capita 2002 18,705,000 $ 43,540,238 $ 192,215 $ 44,212,490 $ 53,228 $ 106,703,171 $ 4.09%1,734 $ 2003 17,035,000 28,099,770 166,785 41,568,665 103,940 86,974,160 3.19%1,390 2004 29,620,000 21,032,245 608,837 40,950,104 71,691 92,282,877 3.32%1,455 2005 37,925,000 18,804,696 910,224 36,909,770 38,071 94,587,761 3.36%1,481 2006 36,045,000 17,491,783 774,922 39,647,694 99,774 94,059,173 3.30%1,467 2007 33,980,000 38,550,798 445,551 47,533,675 173,843 120,683,867 4.02%1,875 2008 31,760,000 39,524,722 148,082 42,654,753 112,203 114,199,760 3.22%1,778 2009 29,465,000 37,405,774 268,795 37,398,701 136,681 104,674,951 2.77%1,641 2010 27,090,000 36,499,201 192,835 32,179,828 97,245 96,059,109 2.72%1,587 2011 24,605,000 35,558,216 128,460 26,271,178 64,782 86,627,636 4.24%1,424 Governmental Activities Bu siness-type Activities 126 C ITY OF D ELRAY B EACH, F LORIDA Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years Less: Amounts Percentage Available Assessed of Assessed General General in Debt Value Value of Bonded Fiscal Obligation Service of Taxable Taxable Debt Per Year Bonds Fund Total Property Property Population Capita 2002 18,705,000 $ -$ 18,705,000 $ 3,759,600,909 $0.50%61,527 304.01 $ 2003 17,035,000 - 17,035,000 4,151,462,658 0.41%62,578 272.22 2004 29,620,000 - 29,620,000 4,705,803,129 0.63%63,439 466.91 2005 37,925,000 - 37,925,000 5,377,691,728 0.71%63,888 593.62 2006 36,045,000 - 36,045,000 6,451,499,363 0.56%64,095 562.37 2007 33,980,000 - 33,980,000 8,362,590,396 0.41%64,360 527.97 2008 31,760,000 - 31,760,000 8,692,058,600 0.37%64,220 494.55 2009 29,465,000 - 29,465,000 8,149,606,528 0.36%63,789 461.91 2010 27,090,000 - 27,090,000 7,010,118,472 0.39%60,522 447.61 2011 24,605,000 - 24,605,000 6,249,668,019 0.39%60,831 404.48 Note: The basis of assessed value is approximately one hundred percent (100%) of actual value. For each fiscal y ear ending September 30, property is valued as of January 1st of the preceding calendar y ear. 127 C ITY OF D ELRAY B EACH, F LORIDA Direct and Overlapping Governmental Activities Debt September 30, 2011 Direct: City of Delray Beach $60,291,676 100.00%$60,291,676 Overlapping: Palm Beach County 226,545,000 5.00%11,327,250 Palm Beach County School District 37,215,000 5.00%1,860,750 Total overlapping debt 263,760,000 13,188,000 Total direct and overlapping debt payable from ad valorem taxes $324,051,676 $73,479,676 Population 60,831 Total direct and overlapping debt per capita $1,207.93 (1) Estimates based on 2011 ratio of assessed taxable values. Note: The City of Delray Beach has no legal debt margin. Source: Finance Department, City of Delray Beach, Florida Palm Beach County Property Appraiser School Board of Palm Beach County Total Outstanding Percentage Applicable to City of Delray Beach (1) Amount Applicable to City of Delray Beach 128 C ITY OF D ELRAY B EACH, F LORIDA Water and Sew er Pledged Revenue Coverage Last Ten Fiscal Years Fiscal Year 2002 21,432,405 $ 12,244,207 $ 9,188,198 $ 4,823,090 $ 1.91 2003 (3)23,105,173 12,812,339 10,292,834 1,430,379 7.20 2004 25,726,277 15,443,253 10,283,024 4,745,800 2.17 2005 25,365,483 15,553,998 9,811,485 4,742,560 2.07 2006 (4)28,040,630 19,288,632 8,751,998 4,845,913 1.81 2007 (4)30,747,711 20,432,772 10,314,939 5,338,475 1.93 2008 (4)30,315,366 17,953,965 12,361,401 5,584,116 2.21 2009 (4)34,538,578 18,981,078 15,557,500 5,945,074 2.62 2010 32,248,170 19,324,309 12,923,861 5,936,276 2.18 2011 32,495,880 19,213,153 13,282,727 5,950,563 2.23 (1) Includes interest revenue and rents (does not include capital contributions). (2) Excludes depreciation expense, interest expense and amortization expense. (3) The reduction of debt service is due to the partial refunding of the 1993 Water and Sewer Revenue Bonds. (4) Excludes expenses totaling $3,316,740, $3,437,756, $8,053,985 and $3,085,995 in Fiscal Years 2006 through 2009, respectively . These amounts reflect expenses for the South Central Regional Wastewater Treatment and Disposal Board (SCRWTBD), a joint venture between the City and Boy nton Beach, which relate to projects funded by bond proceeds. Current Coverage Gross Revenue (1) Operating Expenses (2) Revenue Available for Debt Coverage Current Debt Service 129 C ITY OF D ELRAY B EACH, F LORIDA Principal Employers September 30, 2011 Percentage of Total City Employer Employees Rank Employment Tenet Healthcare Corp/dba Delray Medical 1,520 1 N/A Publix Supermarkets 496 2 N/A JET Flite, Inc.425 3 N/A Amnoco Services 400 4 N/A Target 350 5 N/A Ed Morse Delray Toyota Kia 350 5 N/A Delray Lincoln Mercury 300 7 N/A Hardrives of Delray, Inc.280 8 N/A Marriot Hotels 275 9 N/A Glen Eagles County Club 250 10 N/A Totals 4,646 Source: Florida Agency for Workforce Innovation (AWI) Note: Data is not available for 2002 Note: Total City Employ ees -818 N/A: Information is not available. Fiscal Year 2011 130 C ITY OF D ELRAY B EACH, F LORIDA Demographic and Economic Statistics Last Ten Fiscal Years Estimated Per Capita Total Unemploy- Fiscal City County Personal Personal Median School ment Year Population (1)Population (1)Income (2)Income (3)Age (2)Enrollment (4)Rate (5) 2002 61,527 1,183,197 42,430$ 2,610,590,610 $ N/A 8,321 7.6% 2003 62,578 1,211,448 43,626 2,730,027,828 41.8 8,186 7.1% 2004 63,439 1,242,270 43,830 2,780,531,370 41.8 7,852 6.3% 2005 63,888 1,265,900 44,050 2,814,266,400 41.8 8,652 3.8% 2006 64,095 1,287,967 44,518 2,853,381,210 41.7 8,100 3.1% 2007 64,360 1,295,033 46,630 3,001,106,800 38.1 7,839 3.6% 2008 64,220 1,294,654 55,311 3,552,072,420 42.5 7,807 5.8% 2009 63,789 1,287,344 59,147 3,772,927,983 43.2 7,945 11.5% 2010 60,522 1,286,461 58,358 3,531,942,876 43.5 7,945 12.3% 2011 60,831 1,325,743 33,610 2,044,529,910 45.4 7,893 10.2% Data Sources: (1) The Population data is from the University of Florida, Bureau of Economic Business. (2) Business Development Board of Palm Beach County. Data is for Palm Beach County, Florida for 2010 and prior years. Data for 2011 is for the City of Delray Beach, Florida. (3) Estimated based on County per capita personal income and City population. (4) The School Enrollment is from the Palm Beach County School Board. (5) The Unemployment Rate data is from the U.S. Department of Labor, Bureau of Labor Statistics. N/A: Information is not available for these years. 131 C ITY OF D ELRAY B EACH, F LORIDA Full-time Equivalent Government Employees by Function Last Ten Fiscal Years 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 General Government 6665 68 66697171696868 Public Safety Community Improvement 44 4 455 4.5 555 Planning & Zoning 1515 15 15151716161616 Building Inspection 2020 20 21212321202020 Code Compliance 1616 17 17171717181717 Law Enforcement 234237 233 234236238238236242242 Fire Control 144144 148 149154154154154154156 Community Development Block Grant 96 6 657 7.5 777 Insurance 4444444444 City Garage 1011 12 12121212121212 Phy sical Environment Public Works 222424252525 25.525.525.525.5 Engineering 7777887777 Sanitation 44 4 4444444 Stormwater Utility 66 6 6666666 Parks and Recreation 9498 98 108108114115113113112 Water & Sewer Utility 107108 110 114115117 117.5 118 116.5116.5 Total 762 769 776 792 804 822 820 814 817 818 Fiscal Year 132 C ITY OF D ELRAY B EACH, F LORIDA Capital Asset Statistics by Function Last Ten Fiscal Years Function 2002200320042005200620072008200920102011 Public Safety Police Stations 4433332333 Patrol Units 90123136144151159163219219217 Fire Fire Stations (1)6 6 6 6 6 6 6 6 6 6 Fire trucks 13151515151616161516 ALS Rescue Vehicles 8888899999 Leisure Services Ballfields - lighted 23232322221515151616 Basketball courts 2224455555 Football/Soccer fields (2)0 0 0 0 0 7 7 7 7 7 Tennis courts 28282847474747474848 Parks 17171717171717171722 Roads and Streets Lane miles (3)N/A 299 299 299 299 299 305 305 305 314 Sources: City departments The following data is not available: Sanitation - Garbage/Trash Trucks Roads & Streets - Street lights Water/Sewer Utility - Water Mains/Sanitary sewers/Storm Sewers (all by miles) - Fire hydrants N/A Information is not available (1) The total number of Fire Stations includes Highland Beach where the City provides Fire and EMS Service. (2) Soccer is played on the footbal fields. There are no separate soccer fields. (3) The number of lane miles was provided by the City's Engineering Department for 2007 and later years based on the newly installed GIS system which provides a more accurate figure for reporting purposes. Prior years have been restated. Fiscal Year 133 C ITY OF D ELRAY B EACH, F LORIDA Operating Indicators by Function Last Nine Fiscal Years Function 200320042005200620072008200920102011 Public Safety Police Physical arrests 2,486 2,476 2,444 2,875 3,108 3,161 2,534 2,331 2,620 Traffic violations 12,880 14,471 12,040 13,928 10,962 10,882 11,249 11,443 11,314 Fire Number of calls 10,744 11,960 11,591 12,024 11,772 12,410 11,905 11,960 12,008 Parks and Recreation Library Circulation 253,835233,106227,820228,871257,656270,590274,611257,950252,179 Programs offered 625 642 650 910 1,112 1,287 1,224 1,284 1,145 Program attendance 20,818 22,742 20,056 32,873 32,852 35,116 33,770 29,237 24,021 Leisure Services Youth athletic participants 927 1,904 2,343 2,655 10,597 19,537 20,965 18,125 17,837 Camp program participants 670 365 358 322 625 561 699 395 352 Class participants 14,376 14,007 11,090 10,634 15,093 19,662 24,700 22,756 28,328 Water/Sewer Utility Water customers 19,436 19,760 20,135 20,437 20,963 21,056 21,156 21,320 21,407 Water main breaks None None None None None 434 442 476 408 Sewer customers 19,300 19,600 20,000 20,400 20,900 21,006 21,088 21,225 21,093 Sewer main breaks N/AN/AN/AN/AN/A4 3 2 - Avg daily water consumption (thousands of gallons)11,930 10,963 12,746 12,348 11,602 10,040 10,944 11,643 11,356 Sources: City departments/Delray Beach Public Library N/A The following data is not available: Public Safety - Parking violations Sanitation - Refuse & Recyclables collected (tons) Roads & Streets - Street Resurfacing (miles)/Pot holes Repairs Information prior to fiscal year 2003 is not available. Fiscal Year 134 C ITY OF D ELRAY B EACH, F LORIDA Schedule of Insurance in Force September 30, 2011 Amount of Company Type of Coverage Property/Risk Covered Coverage Fla Municipal Insurance Workers' Compensation On-the-job injury Statutory/$1,000,000 Trust General/Auto Liability Legal Liabilities $3 million/occurrence Property Damage/Auto Physical All Risk, include Wind (hurricane)Building-$145 million/ Damage, Crime Contents-$38 million Pollution Pollution (non Storage Tanks)$1 million/loss AIG (National Union)Fiduciary Liability General Employee Pension $1 million/aggregate Illinois Union Pollution (Storage Tanks)Pollution (Storage Tanks)$1 million occurrence/ $2 million aggregate Burlington Insurance Skate Park Liability-Primary Primary Liability $1 million occurrence/ $2 million aggregate James River Skate Park Liability-Excess Excess Liability $4 million/occurrence Travelers Fiduciary Liability Police & Fire Pension $1 million/claim/aggregate Hartford Life Life Insurance Fire & Police Department Statutory Colony Insurance Women's Club Liability Legal Liabilities $1 million/occurrence/ $2 million/aggregate American Bankers Flood Insurance-Fire Station # 2 Flood Insurance $500,000 Flood Insurance-Delray Swim & Tennis Club Flood Insurance $500,000 Flood Insurance-City Marina Flood Insurance $500,000 Aspen Specialty RR Crossing & Sidetrack RR Crossing & Sidetrack $2 million/occurrence/ $4 million aggregate Essex Insurance General Liability FPL Banners & Parking Lots $1 million/occurrence/ $2 million/aggregate Admiral Insurance Company EMS Director Liability (FD contract)Director Liability $1 million/$3 million Essex General Liability City flags on FPL poles &$1 million/occurrence parking lot use (as required)$2 million/ aggregate Aspen Specialty Railroad Liability Railroad crossings and easement $2 million/occurrence legal liability $4 million/ aggregate American Bankers Flood (2 specific locations)Flood $500,000 Ace American Property Liability Water Treatment Plant/Environmental $25 million Services & Utilities 135 Compliance Section 136 Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards To the Honorable Mayor and City Commission City of Delray Beach, Florida We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund and the aggregate remaining fund information of the City of Delray Beach, Florida, as of and for the year ended September 30, 2011, which collectively comprise the basic financial statements of the City of Delray Beach, Florida, and have issued our report thereon dated Ma rch 12, 2012 . Our report was modified to include references to other auditors . We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States. Other auditors audited the financial statements of the Police and Firefighters’ Retirement System Fund, a fiduciary fund of the City, and the Delray Beach Downtown Development Authority, a discretely presented component unit of the City, as described in our report on the financial statements of the City of Delray Beach, Florida . This report does not include the results of the other auditors’ testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors . Internal Control Over Financial Reporting In planning and performing our audit, we considered the internal control over financial reporting of the City of Delray Beach, Florida, as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of internal control over financial reporting of the City of Delray Beach, Florida . Accordingly, we do not express an opinion on the effectiveness of the internal control over financial reporting of the City of Delray Beach, Florida. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. C ALER , D ONTEN , L EVINE , P ORTER & V EIL , P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR, CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA JAMES F MULLEN, IV, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpacom MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 137 Compliance and Other Matters As part of obtaining reasonable assurance about whether the financial statements of the City of Delray Beach, Florida, are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts . However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion . The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards . We noted certain additional matters that we reported to management in a separate management letter dated Ma rch 12 , 201 2. This report is intended solely for the information and use of the City Commission, management and others within the City of Delray Beach, Florida, federal and state awarding agencies and pass-through entities, and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. Ma rch 12, 2012 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE For the Fiscal Year Ended Septem ber 30, 2011 Grantor/CFDA Contract/Grantor Program Title Number Number Federal Awards U.S. Department of Defense Direct Award Beach Erosion Control Projects 12101 R92-1283D $275,460 $0 Total U.S. Department of Defense 275,460 0 U.S. Department of Housing and Urban Development Direct Awards Community Development Block Grants/Entitlement Grants 14218 B-08-MC-12-0033 64,009 0 Community Development Block Grants/Entitlement Grants 14218 B-09-MC-12-0033 581,155 101,000 Community Development Block Grants/Entitlement Grants 14218 B-10-MC-12-0033 78,666 0 Pass-through Award from Palm Beach County, Florida Community Development Block Grants - State's Programs and Nonentitlement Grants 14228 07DB-3V-10-60-01-Z07 90,976 0 Pass-through Award from State of Florida Department of Community Affairs Community Development Block Grants - State's Programs and Nonentitlement Grants 14228 10DB-4X-10-60-02-F10 135,094 0 Total U.S. Department of Housing and Urban Development 949,900 101,000 U.S. Department of Justice Bureau of Justice Assistance Direct Awards Bulletproof Vest Partnership Program 16607 2009-BUBX08042999 9,329 0 Bulletproof Vest Partnership Program 16607 2009-BUBX09047354 2,170 0 ARRA - Public Safety Partnership and Community Policing Grant 16710 2009-RKWX0237 488,404 0 Justice Assistance Grant (JAG) Program Cluster Edward Byrne Memorial Justice Assistance Grant Program 16738 2009-DJ-BX-0855 17,568 0 Edward Byrne Memorial Justice Assistance Grant Program 16738 2010-DJ-BX-1555 66,560 0 ARRA - Edward Byrne Memorial Justice Assistance Grant Program 16738 2010-ARRC-PALM-2-W7-350 59,294 0 ARRA - Edward Byrne Memorial Justice Assistance Grant Program 16804 2009-SB-B9-2668 811 0 Total Justice Assistance Grant (JAG) Program Cluster 144,233 0 Pass-through Award from Palm Beach County, Florida Edward Byrne Memorial Justice Assistance Grant Program 16738 R2011-1071 35,589 0 Total U.S. Department of Justice 679,725 0 U.S. Department of Transportation Pass-through Award from Palm Beach County, Florida ARRA - Federal Transit Formula Grant 20507 FX-96-X026-01 305,169 0 Pass-through Award from the State of Florida Department of Transportation Alcohol Impaired Driving Countermeasures Grant 20601 K8-11-06-13 28,803 0 Total U.S. Department of Transportation 333,972 0 U.S. Department of Energy Direct Awards ARRA - Electricity Delivery and Energy Reliability, Research, Development and Analysis 81122 DE-OE000415 331 0 ARRA - Energy Efficiency and Conservation Block Grant 81128 DE-SC0002536 72,123 0 Total U.S. Department of Energy 72,454 0 U.S. Department of Homeland Security Direct Award Hazard Mitigation Grant Program 97039 09HM-12-10-60-02-003 93,486 0 Pass-through Awards from the State of Florida Department of Financial Services Homeland Security Grant Program 97067 08DS-60-13-00-16-373 4,554 0 Homeland Security Grant Program 97067 09DS-51-13-00-16-409 3,231 0 Total U.S. Department of Homeland Security 101,271 0 Total Federal Awards $2,412,782 $101,000 Subrecipients Transfers to Expenditures 2011 Program (Continued) 138 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE (Continued) For the Fiscal Year Ended Septem ber 30, 2011 Grantor/CSFA Contract/Grantor State Project Title Number Number State Financial Assistance Florida Department of Environmental Protection Direct Awards Beach Erosion Control Program 37003 99-PB2 $75,913 $0 Florida Recreation Development Assistance 37017 A9135 61,025 0 Water Protection and Sustainability Program 37066 4600002307 130,600 0 Total Florida Department of Environmental Protection 267,538 0 Florida Department of Community Affairs Direct Award Residential Construction Mitigation Project 52016 12RC-5S-10-60-02-172 850 0 Total Florida Department of Community Affairs 850 0 Florida Housing Finance Corporation Direct Award State Housing Initiatives Partnership Program 52901 1910 214,640 0 Total Florida Housing Finance Corporation 214,640 0 Florida Department of Transportation Direct Awards Public Transit Service Development Program 55012 AP367 29,708 0 State Highway Project Reimbursement 55023 426012-1-58-01 47,307 0 Total Florida Department of Transportation 77,015 0 Total State Financial Assistance $560,043 $0 Subrecipients Transfers to Expenditures 2011 Program See notes to schedule of expenditures of federal awards and state financial assistance 139 City of Delray Beach, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance September 30, 2011 140 1 . Significant Accounting Policies The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance is presented in accordance with the provisions of the U.S. Office of Management and Budget (OMB) Circular A-133, t he Florida Sing le Audit Act and Chapter 10.550, Rules of the Auditor General. The Schedule of Expenditures of Federal Awards and State Financial Assistance presents the federal awards and state financial assistance expended by the City of Delray Beach, F lorida, for the y ear ended September 30, 2011 on the modified accrual basis of accounting . Because the schedule presents only a selected portion of the operations of the City of Delray Beach, Florida, it is not intended to and does n ot present the financial position or changes in net assets of the City of Delray Beach, Florida. 2 . Contingency Amounts received or receivable from grantor agencies are subject to audit and adjustment by t hose agencies . Any d isallowed claims, including amounts already received, might constitute a liability of the City f or the return of those funds . In the opinion of management, all grant expenditures were in substantial compliance with the terms of the grant agreements and applicable federal and state la ws and regulations. 141 Independent Auditor’s Report on Compliance With Requirements That Could Hav e a Direct and Material Effect on Each Major Federal Program and State Pr oject and on Internal Control Over Compliance in Accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General To the Honorable Mayor and City Commission City of Delray Beach, Florida Compliance We have audited the compliance of the City of Delray Beach, Florida, with the types of compliance requirements described in the OMB Circular A-133 Compliance Supplement, and the requirements described in the Department of Financial Services’ State Projects Compliance Supplement, that could have a direct and material effect on each of the major federal programs and state projects of the City of Delray Beach, Florida, for the year ended September 30, 2011. The major federal programs and state projects of the City of Delray Beach, Florida, are identified in the summary of auditor’s results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major Federal programs and State projects is the responsibility of the management of the City of Delray Beach, Florida. Our responsibility is to express an opinion on compliance by the City of Delray Beach, Florida, based on our audit. We conducted our audit of compliance in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations ; and, Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major Federal program or State project occurred . An audit includes examining, on a test basis, evidence about compliance by the City of Delray Beach, Florida, with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on compliance by the City of Delray Beach, Florida, with those requirements. In our opinion, the City of Delray Beach, Florida, complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major Federal programs and State projects for the year ended September 30, 2011 . However, the results of our auditing procedures disclosed instances of noncompliance with those requirements, which are required to be reported in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, and which are described in the accompanying Schedule of Findings and Questioned Costs as items 2011-1 and 2011-2. C ALER , D ONTEN , L EVINE , P ORTER & V EIL , P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR, CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA JAMES F MULLEN, IV, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpacom MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 142 Internal Control Over Compliance Management of the City of Delray Beach, Florida, is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts, and grants applicable to Federal programs and State projects. In planning and performing our audit, we considered the City’s internal control over compliance with requirements that could have a direct and material effect on a major F eder al program or State project to determine the auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a Federal program or State project on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a Federal program or State project will not be prevented, or detected and corrected, on a timely basis. Our consideration of the internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses , as defined above. The City’s responses to the findings identified in our audit are described in the accompanying Schedule of Findings and Questioned Costs. We did not audit the City’s responses and, accordingly, we express no opinion on the responses. This report is intended solely for the information and use of the City Commission, management and others within the City of Delray Beach, Florida, federal and state awarding agencies and pass-through entities, and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. March 12, 2012 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FE DERAL AWARD PROGRAMS AND S TATE FINANCIAL ASSISTANCE PROJECTS Fo r the Fiscal Year Ended September 30, 2011 143 SECTION I -SUMMARY OF AUDITOR’S RESULTS Financial Statements Ty pe of auditor’s report issued: Internal control over financial reporting: Material weakness(es) identified? Significant deficiency (ie s) identified that are not considered to be material weakness es ? Noncompliance material to financial statements noted? Unqualified Opinion Yes X No Yes X No ne reported Yes X No Federal Award Program s and State Financial Assistance Project s Internal control over major Federal A ward Program s and State Financial Assistance Project s: Material weakness(es) identified? Significant deficiency (ies) identified that are not considered to be material weakness es ? Ty pe of auditor’s report issu ed on compliance for major Federal Aw ard Program s and major State Financial Assistance Project s: Any audit findings disclosed that are required to be reported in accord ance with Section 510(a) of OMB Circular A -133? Any audit findings disclosed that are required to be reported in accorda nce with Rule 10.5 57, Rules of the Auditor General? Yes X No Yes X No ne reported Unqualified Opinion X Yes No X Yes No Identification of M ajor Program s: Major Federal Award Program s CFD A No. U.S. Department of Ho using and Urban Development Direct Award Community Development Block Grants/Entitlement Grants U.S. Department of Justice Direct Award ARRA –Pu blic Safety Pa rtnership and Community Policing Grant U.S. Department of Trans portation Pass through Award from Palm Beach County, Florida ARRA –Federal Transit Formula Grant 14.218 16.710 20.507 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FE DERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Contin ued) Fo r the Fiscal Year Ended September 30, 2011 144 SECTION I -SUMMARY OF AUDITOR’S RESULTS (Continued) Major Federal Award Program s (Continued) Dollar t hreshold used to distinguish between Type A and Type B F ederal award programs:$300,000 Auditee qualified as low -risk auditee? X Yes No Major State Financial Assistance Project s State CSFA No. Florida Department of Environm ental Protection Direct Award Water Protection and Sustainability Program Florida Housing Finance Corporation Direct Award State Housing Initiatives Partnership Program 37.066 52.901 Dollar threshold used to distinguis h between Type A and Ty pe B State financial assistance projects:$168,013 SECTION II -FINANCIAL STATEMENT FINDINGS None SECTION III -FEDERAL AWARD PROGRAM S AND STATE FINANCIAL ASSISTANCE PROJECTS FINDINGS AND QUESTIONED COSTS Finding Number Finding Questioned Costs 20 1 1 -1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Development Block Grant CFD A # 14.218 (Allowable Activities) Grant No. B -08-MC -12-0033 ; B-09 -MC -12-0033 ; B -10 -MC -12 -0033 Criteria :The City d evelo ps an annual Action P lan which is approved by t he grantor and prescribes how the grant funds will be spent and allocated to the various types of programs. Unk nown CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FE DERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Contin ued) Fo r the Fiscal Year Ended September 30, 2011 145 SECTION III -FEDERAL AWARD PROGRAM S AND STATE FINANCIAL ASSISTANCE PROJECTS FINDINGS AND QUESTIONED COSTS (Continued) Finding Number Finding Questioned Costs 20 1 1 -1 Continued Community Development Block Grant CFD A # 14.218 (Allowable Activities) Grant No. B -08-MC -12-0033 ; B-09 -MC -12-0033 ; B -10 -MC -12 -0033 24 CF R 85.20(a)(6) states that accounting records must be supported by source documentation, such as pay rolls and time and attendance records. Section A-87, attachment B(8)(h)(3) states the standards regarding time distribution and requires salaries and wages for employe es working solely on a single Federal award to be supported by periodic certifications that the employee worked solely on the program for the period covered by the certification. S ection A-87, attachment B(8)(h)(4) requires salaries and wages for employe es working on multiple Federal award programs to be supported by personnel activity reports or equivalent documentation. Condition : The City ’s expendit ures for housing rehabilitation recorded in Division 1963 totaled $434,659 for the year ended September 30, 20 1 1 . Of this amount $166,574 was expended for salaries and benefits for two City building inspectors and a secretary ,and $13,781 was expended for overhead cost s.The remaining balance of $2 54,304 was expended for contractor costs for housing rehabil itation. Effect : The gra nt funds expended for contract and direct costs to rehabilitate housing were 59 %of the total housing rehabilitation expenditures while salary, benefits and overhead costs reimbursed to the City were 41 % of the total housing rehabi litation expenditures . Cause : The City i s allocating 100% of the time for two inspectors and a secretary to the housing rehabilitation program expenditures. Population and Items Tested : Auditor received an expenditure listing for this grant and summarize d the total administrative expenses and compared to what was budgeted by the City. Recommendation : We recommend that the City a ssess the amount of each employee’s time charged to the housing rehabilitation program in relation to the actual rehabilitation contract work performed on client homes. We also recommend that the City establish a time reporting sy stem to support the salaries and wages chargeable to each Federal program as required by 24 CFR 85.20(a)(6). CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FE DERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Contin ued) Fo r the Fiscal Year Ended September 30, 2011 146 SECTION III -FEDERAL AWARD PROGRAM S AND STATE FINANCIAL ASSISTANCE PROJECTS FINDINGS AND QUESTIONED COSTS (Continued) Finding Number Finding Questioned Costs 20 1 1 -1 Continued 20 1 1 -2 Community Development Block Grant CFD A # 14.218 (Allowable Activities) Grant No. B -08-MC -12-0033 ; B-09 -MC -12-0033 ; B -10 -MC -12 -0033 Grantee Response : With respect to the findings, the Neighborhood Services Division adheres stringently to the CDBG guidelines set forth by HUD for the CDBG program. Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B -08-MC -12-0033 ; B-09 -MC -12-0033 ; B -10 -MC -12 -0033 Criteria : The grant agreement and Action Plan requires that no more than 20% of the overall grant funds can be used for administr ation. The City ’s Action Plan for 20 10 -2011 expenditures for CD Objective 1 had $111,310 budgeted for administration. 24 CF R 85.20(a)(6) states that accounting records must be supported by source documentation, such as pay rolls and time and attendance records. S ection A-87, attachment B (8)(h)(3) states the standards regarding time distribution and requires salaries and wages for employees working solely on a single Federal award to be supported by periodic certifications that the employee worked solely on the program for the period cover ed by the certification. S ection A-87, attachment B(8)(h)(4) requires salaries and wages for employees working on multiple Federal award programs to be supported by personnel activity reports or equivalent documentation. Condition : The Ci ty ’s Action Pla n for 2010-2011 expenditures budgeted $111,310 for CD Objective 1 for administration. The City’s expenditures for administration for the year ended September 30, 2011 included $105,689 in Division 1961 for salaries, benefits and overhead for th e Departmen t Coordinator;$46,444 in Division 1963 for salaries and benefits for a secretary ;and ,$13,557 of other administrative costs . Total administrative expenditures were $1 65,690 , w hich exceeded the allowable $144 ,766 administrative expense threshold. The Ci ty also allocates 100% of the cost of two inspectors to this program. T he City has other housing rehabilitative programs and other grants, but no $2 0 ,924 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FE DERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Contin ued) Fo r the Fiscal Year Ended September 30, 2011 147 SECTION III -FEDERAL AWARD PROGRAM S AND STATE FINANCIAL ASSISTANCE PROJ ECTS FINDINGS AND QUESTIONED COSTS (Continued) Finding Number Finding Questioned Costs 2011 -2 (Continued) Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B -08-MC -12-0033 ; B-09 -MC -12-0033 ; B -10 -MC -12 -0 033 salaries or wages were allocated to these other programs. The City does not have time allocations or activity reports to support the salaries and wages charged to this CDBG program and other programs for employees who worked on multiple programs duri ng the y ear. Effect : The total admi nistrative expenditures were $165,690 which exceeded the 20% limitation on a dministration expenditures by $20,924 and exce eded budgeted expenditures by $54,380. W ithout proper documentation of time, the proper salaries and wages chargeable to the CDBG program and other programs cannot be determined. Cause : The City’s Neighborhood Services Division maintains that the secretary spends 100% of her time on housing rehabilitation program activities and that this cost was no t considered administrative expenses. The Neighborhood Services Division did not prepare certifications or personnel activity reports or equivalent documentation for employees who worked on multiple programs during the year. Population and Items Tested : A uditor received an expenditure listing for this grant and summarized the amount of administrative expenses. Recommendation : We recommend that the City l imit administrative expenses to no more than 20% of the total grant expenditures. W e also recommend th at the City establish a time reporting sy stem to support the salaries and wages chargeable to each Federal program as required by 24 CFR 85.20(a)(6). Grantee Response : Detailed timesheets of task breakdown are not kept since 100% of work performed is for housing rehabilitation program activities. Total Questioned Costs $20,924 148 CORRECTIVE ACTION PLAN The City of Delray Beach, Florida, respectfully submits the following corrective action plan for the fiscal year ended September 30, 2011. The findings from the Schedule of Findings and Questioned Costs for the year ended September 30, 2011 are discussed below. The findings are numbered consistently with the numbers assigned in the schedule of findings and questioned costs. A. FINDINGS AND QUESTIONED COSTS – FEDERAL PROGRAMS Finding Number Finding 2011 -1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant N o. B -0 8 -MC -12 -0033 ; B -09 -MC -12 -0033 ; B -10 -MC -12 -0033 Criteria : The City develops an annual Action Plan which is approved by the grantor and prescribes how the grant funds will be spent and allocated to the various types of programs. 24 CFR 85.20(a)(6) st ates that accounting records must be supported by source documentation, such as payrolls and time and attendance records. Section A -87, attachment B(8)(h)(3) states the standards regarding time distribution and requires salaries and wages for employees w orking solely on a single Federal award to be supported by periodic certifications that the employee worked solely on the program for the period covered by the certification. Section A -87, attachment B(8)(h)(4) requires salaries and wages for employees w orking on multiple Federal award programs to be supported by personnel activity reports or equivalent documentation. Condition : The City’s expenditures for housing rehabilitation which are recorded in Division 1963 totaled $434,659 for the year ended Sept ember 30, 2011. Of this amount $166,574 was expended for salaries and benefits for two City building inspectors and a secretary and $13,781 was expended for overhead costs. The remaining balance of $2 54,304 was expended for contractor costs for housing re habilitation. Effect : The grant funds expended for contract and direct costs to rehabilitate housing were 59% of the total housing rehabilitation expenditures while salary, benefits and overhead costs reimbursed to the City were 41% of the total housing r ehabilitation expenditures. Cause : The City is allocating 100% of the time for two inspectors and a secretary to the housing rehabilitation program expenditures . 149 A. FINDINGS AND QUESTIONED COSTS –FEDERAL PROGRAMS (Continued) Finding Number Finding 2011 -1 Continued 2011 -2 Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B -08-MC -12-0033 ; B-09 -MC -12-0033 ; B -10 -MC -12 -0033 Population and Items Tested : Auditor received an expendi ture listing for this grant and summarized the total administrative expenses and compared to what was budgeted by the City. Recommendation : We recommend that the City assess the amount of ea ch employee’s time charged to the housing rehabilitation program in relation to the actual rehabilitation contract work performed on client homes. We also recommend that the City e stablish a time reporting sy stem to support the salaries and wages chargeabl e to each F ederal program as required by 24 CF R 85.20(a)(6). Action Taken: The Neighborhood Services Division believes they a re in compliance with no further action needed. Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B -08-MC -12-0033 ; B-09 -MC -12-0033 ; B -10 -MC -12 -0033 Criteria : The grant agreement and Action Plan requires that no more than 20% of the overall grant funds can be used for administration. The City ’s Action Plan for 2010 -2011 expenditures for CD Objec tive 1 had $111,310 budgeted for administration. 24 CF R 85.20(a)(6) states that accounting records must be supported by source documentation, such as pay rolls and time and attendance records. S ection A-87, attachment B(8)(h)(3) states the standards re garding time distribution and requires salaries and wages for employees working solely on a single Federal award to be supported by periodic certifications that the employee worked solely on the program for the period covered by the certification. S ectio n A-87, attachment B(8)(h)(4) requires salaries and wages for employees working on multiple Federal award programs to be supported by personnel activity reports or equivalent documentation. Condition : The City ’s Action Plan for 2010 -2011 expenditures budg eted $111,310 for CD Objective 1 for administration. T he City’s expenditures for administration for the year ended September 30, 2011 included $105,689 in Division 1961 for salaries, benefits and overhead for t he Department Coordinator and $46,444 in Divi sion 1963 for salaries and benefits for a secretary and $13,557 of other administrative costs. T otal admi nistrative expenditures were $165,690 , w hich exceeded the allowable $144,766 administrative expense threshold. T he City also allocates 100% of the co st of two inspectors to this program. T he City has other housing rehabilitative programs and other grants, but no salaries or wages allocated to these other programs. T he City does not have time allocations or activity reports to support the salaries and wages charged to this CDBG program and other programs for employees who worked on multiple programs during the year. Effect : The total admi nistrative expenditures were $165,690 which exceeded the 20% limitation on a dministration expenditures by $20,924a nd exce eded budgeted expenditures by $54,380 . W ithout proper documentation of time, the proper salaries and wages chargeable to the CDBG program and other programs cannot be determined. 150 A. FINDINGS AND QUESTIONED COSTS –FEDERAL PROGRAMS (Continued) Fin ding Number Finding 2011 -2 (Continued) Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B -08-MC -12-0033 ; B-09 -MC -12-0033 ; B -10 -MC -12 -0033 Cause : The Cit y’s Neighborhood Services Division maintains that the secretary spends 100% of her time on housing rehabilitation program activities and that this cost was not considered administrative expenses. The Neighborhood Services Division did not prepare certifica tions or personnel activity reports or equivalent documentation for em ploy ees who worked on multiple programs during the year. Population and Items Tested : Auditor received an expenditure listing for this grant and summarized the amount of administrative expenses. Recommendation : We recommend that the City limit administrative expenses to no more than 20% of the total grant expenditures. We also recommend that the City establish a time reporting system to support the salaries and wages chargeable to each Federal program as required by 24 CFR 85.20(a)(6). Action Taken: The Neighborhood Services Division believes they a re in compliance with no further action needed. If you have any a dditional questions concerning this corrective action plan adopted by t he City, please call me at (561) 243 -7000 Sincerely, David A. Boyd Finance Director CITY OF DELRAY BEACH, FLORIDA SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS – FE DERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJE CTS Fo r the Fiscal Year Ended September 30, 2011 151 PRIOR YEAR FINDINGS AND QUESTIONED COSTS – MAJOR FEDERAL AWARD PROGRAMS Finding Number Finding Questioned Costs 2009 -1 2009 -3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Development Blo ck Grant CFDA # 14.218 (Allowable Activities) Grant No. B -06-MC -12-0033 ; B-07 -MC -12-0033 Condition : The City’s expenditures for housing rehabilitation totaled $264,621 for the year ended September 30, 2009. Of this amount $182,805 or 71% was expended for administration costs, including salaries and benefits for two City building inspectors and a secretary and $4,274 for overhead costs. The remaining balance of $77,542 or 29% was expended for contractor costs for housing rehabilitation. Recommendation : We recommend that the City a ssess the amount of each employee’s time charged to the housing rehabilitation program in relation to the actual rehabilitation contract work performed on client homes. Current Status : S ee the current year finding 201 1 -1 and gra ntee response in the Schedule of Findings and Questioned Costs . Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B -06-MC -12-0033 ; B-07 -MC -12-0033 Condition : The City ’s Action Plan for 2008 -2009 expenditures budgeted $104,980 for CD Objective 1 for administration. The grant agreement and Action Pl an requires that no more than 20% of the overall grant funds can be used for administration. The City ’s 2008 - 2009 expenditures for CD Objective 1 for administration were $147,058 or 26% of the total grant expenditures. Recommendation : We recommend that the City l imit administrative expenses to no more than 20% of the total grant expenditures. Current Status : See the current year finding 201 1 -2 and grantee response in the Sch edule of Findings and Questioned Costs . Un k nown Unk nown CITY OF DELRAY BEACH, FLORIDA SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS – FE DERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Continued) Fo r the Fiscal Year Ended September 30, 2011 152 PRIOR YEAR FINDINGS AND QUESTIONED COSTS – MAJOR FEDERAL AWARD PROGRAMS (Continued) Finding Number Finding Questioned Costs 20 1 0 -1 20 1 0 -2 Community Development Block Grant CFDA # 14.218 (Allowable Activities) Grant No. B -07-MC -12-0033 ; B -08-MC -12-0033 ; B -09 -MC -12 -0033 Condition : The City’s expenditures for housing rehabilitation totaled $258,141 for the year ended September 30, 2010. Of this amount $178,916 was expended for salaries and benefits for two City b uilding inspectors and a secretary and $8,198 was expended for overhead costs. The remaining balance of $71,027 was expended for contractor costs for housing r ehabilitation. Recommendation : We recommend that the City a ssess the amount of each employees’ time charged to the housing rehabilitation program in relation to the actual rehabilitation contract work performed on client homes. Current Status :See the cu rrent year finding 201 1 -1 and grantee response in the Schedule of Findings and Questioned Costs . Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B-07 -MC -12-0033; B -08-MC -12-0033; B -09 -MC -12 -0033 Condition : The City ’s Action Plan for 2009 -2010 expenditures budgeted $111,445 for CD Objective 1 for administration. T he City’s expenditures for administration for the year ended September 30, 2010 included $98,489 in Division 1961 for salaries, benefits and overhead for th e Department Coordinator and $51,511 in Division 1963 for salaries, benefits and overhead for a secretary. T otal administrative expenditures were $150,000, which exceeded the allowable $111,445 administrative expense threshold. T he City also allocates 10 0% of the cost of two inspectors to this program. T he City has other housing rehabilitative programs and other grants, but no salaries or wages allocated to these other programs. T he City does not have time allocations or activity reports to support the salaries and wages charged to this CDBG program and other programs for employees who worked on multiple programs during the year. Unk nown $38,555 CITY OF DELRAY BEACH, FLORIDA SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS – FE DERAL AWARD PROGRAMS AND STATE FINANCIAL ASSISTANCE PROJECTS (Continued) Fo r the Fiscal Year Ended September 30, 2011 153 PRIOR YEAR FINDINGS AND QUESTIONED COSTS – MAJOR FEDERAL AWARD PROGRAMS (Continued) Finding Number Finding Questioned Costs 20 1 0 -2 (Continued) Community Development Block Grant CFDA # 14.218 (Earmarking/Allowable Costs) Grant No. B -07-MC -12-0033; B -08-MC -12-0033; B -09 -MC -12 -0033 Recommendation : We recommend that the City l imit administrative expenses to no more than 20% of the total grant expenditures. W e also recommend that the City establish a time reporting sy stem to support the salaries and wages chargeable to each Federal program. We recommend that the City l imit administrative expenses to no more than 20% of the total grant expenditures. W e also recommend that the City establish a time reporting sy stem to support the salaries and wages chargeable to each Federal program. Current Status : See the curr ent year finding 201 1 -2 and grantee response in the Schedule of Findings and Questioned Costs . Management Letter 154 Management Letter To the Honorable Mayor and City Commission City of Delray Beach, Florida We have audited the financial statements of the City of Delray Beach, Florida, as of and for the fi scal year ended September 30, 2011, and have issued our report thereon dated Ma rch 12, 2012 . Our report was modified to include references to other auditors. We conducted our audit in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States; and, OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations . We have issued our Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters, Independent Auditor’s Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Federal Program and State Project and on Internal Control Over Compliance, and Schedule of Findings and Questioned Costs . Disclosures in those reports and schedule, which are dated Ma rch 12, 2012, should be considered in conjunction with this management letter. Additi onally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General, which governs the conduct of local governmental entity audits performed in the State of Florida. This letter includes the following information, which is not included in the aforementioned auditor’s reports or schedule: 1. Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. We noted that our recommendations related to comments 2008-5 Information Systems; 2010-3 Codification of Accounting Policies; 2010-4 Documentation of Control Procedures; and, 2010-5 Expenditures Over Appropriations reported in our management letter dated Ma y 4, 2011 have been adequately addressed or no longer apply. Findings 2009-1, 2009-3, 2010-1 and 20 10-2, all related to the City’s Community Development Block Grants previously reported in the Schedule of Findings and Questioned Costs have not been corrected as reported in the Summary of Prior Audit Findings. 2. Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City of Delray Beach, Florida complied with Section 218.415, Florida Statutes. 3. Se ction 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our audit, we have the following recommendations: C ALER , D ONTEN , L EVINE , P ORTER & V EIL , P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR, CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA JAMES F MULLEN, IV, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpacom MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 155 2011 -3 Cash Account Criteria: All cash accounts owned by the City should be tracked and recorded in the City’s accounting records. Condition: We noted that the City maintained one ca sh account with Citibank which was not recorded on the City’s books. Effect: Understatement of cash and possible lack of recording accounting activity in the general ledger. Cause: Although the City prepares a reconciliation for this account, the reconciliation details all activity for each month and reconciles the beginning and ending balances as indicated on the bank statement, but does not reconcile the bank statement balance to the general ledger. This oversight possibly occurred due to the confusion between the City’s imprest cash balance held by CIGNA and Citibank account. Recommendation: We recommend that the City review all cash accounts held by the City and perform reconciliations for all accounts between the bank statement balance and the general ledger balance. 4. Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address violations of provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but more than inconsequential. The results of our procedures disclosed no such matters, except as reported in the Schedule of Findings and Q uestioned Costs. 5. Section 10.554(1)(i)5., Rules of the Auditor General, provides that the auditor may, based on professional judgment, report the following matters that have an inconsequential effect on financial statements, considering both quantitative and qualitative factors: (1) violations of provisions of contracts or grant agreements, fraud, illegal acts, or abuse, and (2) deficiencies in internal control that are not significant deficiencies. In connection with our audit, we noted the following matter: 201 1 -4 Expenditures Over Appropriations We noted that the C ity ’s expenditures exceeded the final budgeted appropriations for the year ended September 30, 2011 for several General Fund functions as indicated in Note 17 to the financial statements. We recommend that the City review expenditures in relation to budgeted amounts during the year and amend the budget as necessary to prevent over-expenditure of budgeted categories. 6. Section 10.554(1)(i)6., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. This information is disclosed in Note 1 to the financial statements. 7. Section 10.554(1)(i)7.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes. 8. Section 10.554(1)(i)7.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the City for the fiscal year ended September 30, 2011, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement 156 with the annual financial audit report for the fiscal year ended September 30, 2011. We noted that the amounts reported in the Annual Financial Report were in substantial agreement with the audited financial statements for the year ended September 30, 2011. In connection with our audit, we determined that these two reports were in agreement. 9. Pursuant to Sections 10.554(1)(i)7.c. and 10.556(7), Rules of the Auditor General, we applied financial condition assessment procedures. It is management’s responsibility to monitor the City ’s financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. The results of our procedures disclosed no matters that are required to be reported. The responses by the City’s management to matters identified in our management letter are described in the accompanying Response to Management Letter. We did not audit the responses of the City and, accordingly, we express no opinion on them. Pursuant to Chapter 119, Florida Statutes, this management letter is a public record and its distribution is not limited. U.S. generally accepted auditing standards require us to indicate that this report is intended solely for the information and use of the City Commission and management of the City of Delray Beach, Florida, federal and state awarding agencies and pass-through entities, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. Ma rch 12, 2012 157 March 14, 2012 Auditor General’s Office Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Subject: Response to the Management Letter Comments Comprehensive Annual Financial Report – Se ptember 30, 2011 Our response to current year comments and recommendations are listed below: 2011 -3 Cash Account - Management concurs that all cash accounts need to recorded in the general ledger and reconciled with the bank statement. 2011 -4 Expenditures Over Appropriations - Although there were various departments that were over budget, the functions were all under budget. Management concurs the budget needs to be amended to prevent over-expenditure of budgeted categories. Sincerely, David A. Boyd Finance Director mls/dab doc: audgen MEMORANDUM TO:Mayor and City Commissioners FROM:Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Dire ctor THROUGH:David T. Harden, City Manager DATE:May 3, 2012 SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MAY 15, 2012 REQUEST FOR A SIDEWALK DEFERRAL /633 NORTH OCEAN BOULEVAR D ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 633 N . Ocean Blvd. BACKGROUND The subject property is currently a vacant lot loca ted on the east side of N. Ocean Blvd (SR A1A) and south of Crestwood Drive. Refer to attached locatio n map. The applicant plans to construct a single family residence. Currently, there are no plans to install a sidewalk along the east side of N. Ocean Blvd (SR A1A) in the vicinity of the subject residence, however; there is an existing sidewalk along the we st side of N. Ocean Blvd (SR A1A). Sidewalk Deferral w as supported at the May 3, 2012 DSMG meeting. RECOMMENDATION Staff supports approval for sidewalk deferral. MEMORANDUM TO:Mayor and City Commissioners FROM:Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Dire ctor THROUGH:David T. Harden, City Manager DATE:May 3, 2012 SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MAY 15, 2012 HOLD HARMLESS AGREEMENT/ 633 NORTH OCEAN BOULEVARD ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agre ement with Dolores Cusson (Owner) to install/construct utilities in the right-of-way of the State of Florida. This property is locat ed at 633 N. Ocean Boulevard. BACKGROUND The owner is planning to install a water service li ne from existing utilities within the State Right-o f- Way on N. Ocean Boulevard (A1A). As a result, a per mit from the Florida Department of Transportation (FDOT) is required. Since the City w ill be maintaining that part of the service within the FDOT right-of-way, FDOT requires that the City sign the permit ap plication. The Hold Harmless Agreement provides the City with a one year warrant y for all work completed within the FDOT right- of-way by the Owner. RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Direct or THROUGH:David T. Harden, City Manager DATE:May 7, 2012 SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MAY 15, 2012 RESOLUTION NO. 23 -12/JPA/FDOT ITEM BEFORE COMMISSION Request adoption and authorization for the Mayor to execute Resolution No. 23-12; and approval of a Joint Participation Agreement (JPA) with the Florid a Department of Transportation (FDOT) for 100% reimbursement of costs related to the operation of Delray Beach's free shuttle service. Total project cost is estimated at $198,515. Project #12-064. BACKGROUND The City was awarded a 100% grant from the FDOT. T his grant will fund operational costs of the Delray Beach free shuttle. At the current cost of $38.50 per hour, this grant will provide 5,156 hour s of service to the public. Total cost of the JPA is $1 98,515 earmarked for operational expenses (drivers and vehicle maintenance). RECOMMENDATION Staff recommends approval. RESOLUTION NO. 23-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE SERVICE DEVELOPMENT FUNDING TO THE CITY OF DELRAY BEACH TO ENHANCE AND/OR EXPAND THE DOWNTOWN TROLLEY SERVICES LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Delray Beach Florida desires to approve the Joint Participation Agreement with the State of Florida De partment of Transportation to provide service development funding to the City of Delray Bea ch to enhance and/or expand the downtown trolley services located within the City of Delray Beach. WHEREAS, the City Commission authorizes the execution o f the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1 . That the recitals set forth are incorporated as if fully set fo rth herein. Section 2. The City Commission of the City of Delray Beach au thorizes the entry in the Joint Participation Agreement, related to Financ ial Project No. 427853-1-84-01 , between the City and the Florida Department of Transportation and auth orizes the execution thereof. PASSED AND ADOPTED in regular session on this the ____ day of ______________, 2012. ___________________________________ M A Y O R ATTEST: ________________________ City Clerk MEMORANDUM TO:Mayor and City Commissioners FROM:Lula Butler, Director, Community Improvement THROUGH:David Harden, City Manager DATE:May 8, 2012 SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF MAY 15, 2012 AMENDMENT TO WORKFORCE HOUSING COVENANT/ ALTA CONGRESS OWNER, LLC ITEM BEFORE COMMISSION City Commission consideration and approval of an Am endment to the Workforce Housing Covenant between the City of Delray Beach and Alta Congress Owner, LLC, pursuant to the requirements under Section 4.7 of the Land Development Regulations (LD R's). BACKGROUND The lending institution for the project has request ed that the City make the following changes to the Workforce Housing Covenant: (1) Under Recitals, C, that rental rates do not exc eed a certain percentage of the rent limits for the area as published by the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for West Palm Beach - Boca Raton HMF A area. (2) Under II Rental Units, 2.3 - requires that all moderate-income households shall comply with the underwriting criteria established by the developer for all tenants. RECOMMENDATION Staff is recommending City Commission approval of t he amendment to the Workforce Housing Covenant, as proposed, between the City and the Alt a Congress Owner, LLC. MEMORANDUM TO:Mayor and City Commissioners FROM:Lula Butler, Director, Community Improvement THROUGH:David Harden, City Manager DATE:May 8, 2012 SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF MAY 15, 2012 REVISED WORKFORCE HOUSING COVENANT: BEHRINGER HARVARD DELRAY, LLC ITEM BEFORE COMMISSION City Commission consideration of a revised Workforc e Housing Covenant between the City of Delray Beach and Behringer Harvard Delray LLC, formerly kn own as Floranda MHP, LLC and New Century Executive Quarters, LLC, pursuant to the requiremen ts under Section 4.7 of the Land Development Regulations (LDR's). BACKGROUND The City Commission approved the Workforce Housing Agreement between the City of Delray Beach and Floranda MHP, LLC and New Century Executive Qua rters, LLC on January 17, 2012 as amended. The revision on this agreement changes the name of the developer to Behringer Harvard Delray LLC. There are no other changes to this agreement. RECOMMENDATION Staff is recommending City Commission approval of t he revised Workforce Housing Covenant as proposed between the City and Behringer Harvard Del ray LLC. MEMORANDUM TO:Mayor and City Commissioners FROM:Linda Karch, Director of Parks and Recreation THROUGH:David T. Harden, City Manager DATE:May 10, 2012 SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF MAY 15, 2012 AMENDMENT NO. 3 TO THE LICENSE AGREEMENT/ DELRAY INTRACOAS TAL CRUISES, LLC. ITEM BEFORE COMMISSION City Commission is requested to approve Admendment No. 3 to extend the License Agreement between the City of Delray Beach and Delray Intracoastal Cr uises, LLC. (Pilgrim Belle Cruises, LLC) dated October 13, 2003 to February 1, 2017. BACKGROUND The City leases dock space to Delray Intracoastal C ruises, LLC to allow Delray Cruises to operate a charter cruise business from Veterans Park. As sta ted in the attached letter, Joe Reardon, President of Delray Intracoastal Cruises, LLC is requesting an e xtention to the License Agreement which expires February of 2014. Several reasons for the request are due to acquiring a new yacht which requires financing and a firm commitment to dock space and t he amount of customers who wish to secure firm dates years in advance for their events. For the past nine years, Joe Reardon has offered an affordable and entertaining attraction to both the residents of Delray and its visitors. He partners with many of the area charitable organizations in t he area and has donated his vessels for fundraisers fo r their causes. They cruise up and down the intracoastal which attracts visitors from all over the world who stay in area hotels, eat in area restaurants, and shop in local stores. RECOMMENDATION Parks and Recreation recommends City Commission app rove Amendment No. 3 to extend the License Agreement between City of Delray Beach and Delray I ntracoastal Cruises, LLC. MEMORANDUM TO:Mayor and City Commissioners FROM:Terrill Pyburn, Assistant City Attorney THROUGH:R. Brian Shutt, City Attorney DATE:April 30, 2012 SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MAY 15, 2012 CONSENT TO ASSIGNMENT/SBA COMMUNICATIONS CORPORATION ITEM BEFORE COMMISSION Consent to Assignment Agreement from Mobilitie Inve stments II, LLC to SBA Communications Corporation. BACKGROUND The City entered into a Lease Agreement with T-Mobile dated July 29, 2008 and Consent to Assignment Agreement dated November 19, 2009 assign ing the lease to Mobilitie Investments II, LLC. SBA Communications Corporation has notified th e City that it has acquired Mobilitie Investments II, LLC, therefore we have prepared a Consent to As signment Agreement to assign terms and conditions of the original agreement to SBA Communications. RECOMMENDATION The City Attorney's Office recommends approval. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach , a Florida municipal corporation, being a party under that certain lease agreement dated July 2 9, 2008 and originally between the City of Delray Beach and T-Mobile South LLC and subsequently assigned to Mobilitie Investments II, LLC, a Delaware limited liability company , does hereby give consent to the assignment of the agreement from Mobilitie Investments II, LLC to SBA Communications Corporation , a Florida Corporation , which shall assume and agrees to all terms and condition s of the original Agreement. IN WITNESS WHEREOF , the undersigned has signed this instrument on this ___ day of May, 2012. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: ___________________________ City Clerk By: ___________________________ Nelson S. McDuffie, Mayor Approved as to legal form and Sufficiency: By: ___________________________ City Attorney WITNESSES: ___________________________ ___________________________ (Print or type name) ___________________________ ___________________________ (Print or type name) MOBILITIE INVESTMENTS II, LLC By: ___________________________ Print Name:_____________________ Title:___________________________ 2 (SEAL) STATE OF FLORIDA COUNTY OF _____________ The foregoing instrument was acknowledged before me t his ____ day of ______________, 2012 by ___________________________ (name of officer or agent, title of officer or agent) of ____________________________________________ (name of corporation acknowledging), a _________________ (state or place o f incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ________________________________ (type of identifica tion) as identification and did (did not) take an oath. ___________________________________ Signature of Notary Public- State of Florida MEMORANDUM TO:Mayor and City Commissioners FROM:Catherine M. Kozol, Esq., Police Legal Advisor /Asst. City Attorney THROUGH:City Manager DATE:May 1, 2012 SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF MAY 15, 2012 TRAFFIC ENFORCEMENT AGREEMENT/HIGH POINT OF DELRAY CONDOMINIUM ASSOCIATION SECTION 1, INC. ITEM BEFORE COMMISSION Request to approve a Traffic Enforcement Agreement between The City of Delray Beach Police Department and High Point of Delray Beach Condomini um Association Section 1, Inc. BACKGROUND This Agreement will allow the Police Department to enforce State and local traffic laws on the private roads of High Point of Delray Beach Condominium Sec tion 1. The Agreement shall also mandate that the Homeowner Association comply with the speed lim its set by Florida Statute and follow Department of Transportation standards for traffic control dev ices. The Police Department feels that allowing enforcement of State and local traffic laws will en hance our presence in the area and have a more dire ct impact on crime in that area. FUNDING SOURCE High Point of Delray Condominium Assocation Section 1, Inc. will pay the sum of $12.00 per year to the City of Delray Beach. RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:May 10, 2012 SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF MAY 15, 2012 INTERLOCAL GRANT AGREEMENT/PALM BEACH COUNTY/ POMPEY PARK BASEBALL FIELD RENOVATION PROJECT ITEM BEFORE COMMISSION Commission is requested to approve an Interlocal Ag reement between Palm Beach County and the City of Delray Beach for funding of various improvements to Pompey Park baseball fields in the amount of $92,629. BACKGROUND Attached is an interlocal agreement which would pro vide funding in the amount of $92,629 for various improvements at Pompey Park. Project elements include raising the fences and rep lacing the clay at baseball fields 1, 2, and 3, ins talling a canopy over the backstop at field 1, repairing an d renovating the dugout behind field 3, installing chain link fencing, hitting mats, new turf and nett ing around batting cages, and relocating electrical outlets. Also included are the purchase and install ation of a new PA system and furniture for the Concession Stand/Press Box, purchase of a PA system for the Recreation Center, and purchase and installation of an informational sign/marquee on th e southeast corner of the Pompey Park property. The agreement allows for the reimbursement of $92,629 o f eligible project costs incurred subsequent to February 1, 2012, as delineated in Exhibit “D” to t he agreement. RECOMMENDATION Staff recommends approval of the Interlocal Agreeme nt between Palm Beach County and the City for funding in the amount of $92,629 for various improv ements at Pompey Park. MEMORANDUM TO:Mayor and City Commissioners FROM:Victor Majtenyi; Deputy Director of Public Uti lities Richard C. Hasko, P.E.; Director of Environmental S ervices Department THROUGH:David Harden; City Manager DATE:April 24, 2012 SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF MAY 15, 2012 SERVICE AUTHORIZATION NO. 12 -03/ MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Request approval of Service Authorization #12-03 to Mathews Consulting, Inc. in the amount of $25,910 for professional engineering services in de veloping bid packages for implementing the Water Meter/Advanced Metering Infrastructure (AMI) System , P/N 2012-013. BACKGROUND In March 2011, City Commission approved a Service A uthorization to Mathews Consulting, Inc. in the amount of $65,612.00 for professional services in c onducting a Water Meter Replacement Program and AMR (Automatic Meter Reading) / AMI (Advanced Meter ing Infrastructure) System Evaluation, P/N 2011-091. The study and system evaluation was completed in De cember 2011. The consultant presented their conclusions and provided recommendations regarding future strategic planning at the February 14, 2012 Commission Workshop. The consensus from Commission was favorable for proceeding with our water meter replacement program and in utilizing the late st in AMI technology for system replacement. At the Work Session, some Commissioners requested t o see a cost/benefit analysis before we proceed further. The following analysis is based on the Ba dger Meter ORION AMI System Net Present Value Analysis as shown on page 3 of the second attachmen t to this agenda item: AMI system cost $6,583,363 Touch Read system cost $2,830,011 Additional cost of AMI $3,753,352 10 year average savings $326,539 Payback period for AMI system is 11.5 years (3,753,352/326,539) This does not take into account savings from things like being able to turn off service for non-payment more quickly, since it can be done remotely rather than having to send someone to manually turn off th e water service in the field. There will also be cus tomer service improvements resulting from the abili ty to determine water consumption on a daily basis. The scope of services under this authorization is f or providing engineering services in developing detailed bid documents and associated bidding servi ces for implementing the water meter replacement program. Two bids will be established. One bid pac kage will be for the procurement, installation, and start-up of the AMI infrastructure (system hardware, soft ware, programming, and training), as well as for new meters. Bids will be solicited from the sh ortlisted vendors identified in the system evaluati on report. The following vendors were identified as me eting the City’s requirements; Badger, Mueller, Neptune, and Sensus. The second bid package will b e for contract services for the Citywide installati on of the new meters. Both bids will incorporate phas ing of work over a five year span. Total proposed costs for services under this Servic e Authorization are $25,910.00. Mathews Consulting is selected for this scope of work because of their previous efforts on the study and their current knowledge of the City's water metering system. FUNDING SOURCE Funding is available from account #442-5178-536-64.46, Water & Sewer Fund/Automatic Meter Reading. RECOMMENDATION Staff recommends approval of Service Authorization #12-03 to Mathews Consulting, Inc. in the amount of $25,910.00 for professional engineering services related to the Water Meter/AMI System implementation, P/N 2012-013. Ap p e n d i x  E Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Me t e r i n g  Al t e r n a t i v e s  ‐   Su m m a r y Ve n d o r NP V  1 ‐Ye a r   Re p l a c e m e n t   Pr o g r a m P a y b a c k NP V  5 ‐Ye a r   Re p l a c e m e n t   Pr o g r a m Pa y b a c k AM R  Sy s t e m s Ba d g e r  Me t e r  OR I O N  AM R  Sy s t e m $ 3 , 2 0 3 , 7 3 7 Y e a r  8 $ 2 , 1 2 8 , 7 0 0 Y e a r  9 Da t a m a t i c  Fi r e f l y  AM R  Sy s t e m $ 3 , 6 5 5 , 5 3 1 Y e a r  8 $ 2 , 5 7 5 , 9 0 3 Y e a r  9 Me t r o n ‐Fa r n i e r  AM R  Sy s t e m $ 2 , 9 5 2 , 0 8 7 Y e a r  8 $ 1 , 8 7 9 , 6 6 5 Y e a r  9 Mu e l l e r  Sy s t e m s  AM R  Sy s t e m $ 4 , 2 4 1 , 9 1 1 Y e a r  6 $ 3 , 1 5 6 , 7 8 1 Y e a r  8 Ne p t u n e  AR B  N ‐Si g h t  AM R  Sy s t e m $ 3 , 7 6 4 , 1 2 2 Y e a r  8 $ 2 , 6 8 3 , 6 3 0 Y e a r  9 Se n s u s  Fl e x n e t  AM R  Sy s t e m $ 2 , 9 3 2 , 5 6 8 Y e a r  8 $ 1 , 8 6 0 , 3 6 2 Y e a r  9 Av e r a g e  NP V  (S a v i n g s ) $ 3 , 4 5 8 , 3 2 6 $ 2 , 3 8 0 , 8 4 0 AM I  Sy s t e m s Ba d g e r  Me t e r  OR I O N  AM I  Sy s t e m $ 3 , 7 4 7 , 0 2 9 Y e a r  8 $ 2 , 6 7 3 , 0 2 0 Y e a r  9 Da t a m a t i c  Mo s a i c  Fi r e f l y  AM I  Sy s t e m $ 4 , 2 3 5 , 2 2 9 Y e a r  7 $ 3 , 1 5 7 , 1 6 8 Y e a r  8 Me t r o n ‐Fa r n i e r  AM I  Sy s t e m N / A N / A N / A N / A Mu e l l e r  MI ‐Ne t  Sy s t e m  AM I  Sy s t e m $ 3 , 6 5 9 , 2 9 1 Y e a r  8 $ 2 , 5 8 6 , 1 8 9 Y e a r  9 Ne p t u n e  AR B  N ‐Si g h t  AM I  Sy s t e m $3 , 9 3 9 , 4 6 2 Y e a r  7 $ 2 , 8 6 3 , 0 7 7 Y e a r  9 Se n s u s  Fl e x n e t  AM I  Sy s t e m $3 , 5 5 2 , 5 0 6 Y e a r  8 $ 2 , 4 8 1 , 6 9 1 Y e a r  9 Av e r a g e  NP V  (S a v i n g s ) $ 3 , 8 2 6 , 7 0 3 $ 2 , 7 5 2 , 2 2 9 Pa g e  1  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : B a d g e r  Me t e r  OR I O N  AM R  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$6 , 4 7 7 , 3 6 3 ‐$6 , 4 7 7 , 3 6 3 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$2 , 9 0 0 $0 ‐$2 , 9 0 0 ‐$2 , 9 5 8 ‐$3 , 0 1 7 ‐$3 , 0 7 8 ‐$3 , 1 3 9 ‐$3 , 2 0 2 ‐$3 , 2 6 6 ‐$3 , 3 3 1 ‐$3 , 3 9 8 ‐$3 , 4 6 6 ‐$3 , 5 3 5 ‐$3,60 6 ‐$3,67 8 ‐$3,751 ‐$3,82 6 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 0 6 3 , 3 0 2 $1 , 0 3 4 , 0 5 1 $1 , 0 0 5 , 0 0 4 $9 7 6 , 1 6 5 $ 9 4 7 , 5 3 9 $9 1 9 , 1 3 0 $8 9 0 , 9 4 2 $8 6 2 , 9 8 0 $8 3 5 , 2 4 7 $8 0 7 , 7 5 0 $4 6 5 , 4 3 6 $4 3 2 , 1 2 1 $398,92 8 $365,86 2 $332,923 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 3 7 , 3 6 8 $9 8 4 , 2 2 5 $ 9 3 3 , 2 4 6 $8 8 4 , 3 5 8 $8 3 7 , 4 8 7 $7 9 2 , 5 6 3 $ 7 4 9 , 5 1 9 $7 0 8 , 2 8 8 $6 6 8 , 8 0 6 $6 3 1 , 0 1 3 $ 3 5 4 , 7 3 0 $3 2 1 , 3 0 6 $289,39 1 $258,93 0 $229,87 2 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 4 7 7 , 3 6 3 ‐$5 , 4 3 9 , 9 9 5 ‐$4 , 4 5 5 , 7 7 0 ‐$3 , 5 2 2 , 5 2 4 ‐$2 , 6 3 8 , 1 6 6 ‐$1 , 8 0 0 , 6 7 9 ‐$1 , 0 0 8 , 1 1 6 ‐$2 5 8 , 5 9 8 $4 4 9 , 6 9 0 $1 , 1 1 8 , 4 9 6 $1 , 7 4 9 , 5 0 9 $2 , 1 0 4 , 2 3 9 $2 , 4 2 5 , 5 4 4 $2,714,93 5 $2,973,86 6 $3,203,73 7 Pa y b a c k  : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 2 0 3 , 7 3 7 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$6 , 4 7 7 , 3 6 3 ‐$1 , 2 9 5 , 4 7 3 ‐$1 , 3 2 1 , 3 8 2 ‐$1 , 3 4 7 , 8 1 0 ‐$1 , 3 7 4 , 7 6 6 ‐$1 , 4 0 2 , 2 6 1 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$2 , 9 0 0 $0 ‐$2 , 9 0 0 ‐$2 , 9 5 8 ‐$3 , 0 1 7 ‐$3 , 0 7 8 ‐$3 , 1 3 9 ‐$3 , 2 0 2 ‐$3 , 2 6 6 ‐$3 , 3 3 1 ‐$3 , 3 9 8 ‐$3 , 4 6 6 ‐$3 , 5 3 5 ‐$3,60 6 ‐$3,67 8 ‐$3,751 ‐$3,82 6 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 5 8 9 , 3 6 9 $6 7 8 , 1 8 4 $7 6 7 , 2 0 4 $8 5 6 , 4 3 2 $9 4 5 , 8 7 3 $ 9 1 7 , 6 3 0 $8 8 9 , 6 0 9 $8 6 1 , 8 1 3 $ 8 3 4 , 2 4 7 $8 0 6 , 9 1 6 $4 6 4 , 7 6 9 $4 3 1 , 6 2 1 $398,595$365,695$332,923 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 5 7 4 , 9 9 4 $6 4 5 , 5 0 6 $7 1 2 , 4 2 5 $ 7 7 5 , 8 8 5 $ 8 3 6 , 0 1 4 $7 9 1 , 2 7 0 $7 4 8 , 3 9 7 $7 0 7 , 3 3 0 $6 6 8 , 0 0 5 $ 6 3 0 , 3 6 2 $3 5 4 , 2 2 2 $3 2 0 , 9 3 4 $289,14 9 $258,81 2 $229,87 2 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 2 9 5 , 4 7 3 ‐$1 , 2 8 9 , 1 5 3 ‐$1 , 2 8 2 , 8 6 5 ‐$1 , 2 7 6 , 6 0 7 ‐$1 , 2 7 0 , 3 7 9 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$2 , 0 0 9 , 6 3 2 ‐$2 , 6 4 6 , 9 9 1 ‐$3 , 2 1 1 , 1 7 2 ‐$3 , 7 0 5 , 6 6 6 ‐$2 , 8 6 9 , 6 5 3 ‐$2 , 0 7 8 , 3 8 3 ‐$1 , 3 2 9 , 9 8 6 ‐$6 2 2 , 6 5 6 $4 5 , 3 5 0 $6 7 5 , 7 1 1 $1 , 0 2 9 , 9 3 3 $1 , 3 5 0 , 8 6 7 $1,640,01 6 $1,898,82 8 $2,128,70 0 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 1 2 8 , 7 0 0 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AM pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  2  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : B a d g e r  Me t e r  OR I O N  AM I  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 5 8 3 , 3 6 3 ‐$6 , 5 8 3 , 3 6 3 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$2 0 , 8 0 0 $0 ‐$2 0 , 8 0 0 ‐$2 1 , 2 1 6 ‐$2 1 , 6 4 0 ‐$2 2 , 0 7 3 ‐$2 2 , 5 1 5 ‐$2 2 , 9 6 5 ‐$2 3 , 4 2 4 ‐$2 3 , 8 9 3 ‐$2 4 , 3 7 1 ‐$2 4 , 8 5 8 ‐$2 5 , 3 5 5 ‐$25,86 2 ‐$26,37 9 ‐$26,90 7 ‐$27,445 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 1 0 9 , 2 0 5 $1 , 0 8 0 , 8 7 2 $1 , 0 5 2 , 7 6 2 $1 , 0 2 4 , 8 7 8 $9 9 7 , 2 2 6 $9 6 9 , 8 1 1 $9 4 2 , 6 3 6 $9 1 5 , 7 0 8 $8 8 9 , 0 3 0 $8 6 2 , 6 0 8 $5 2 1 , 3 9 2 $4 8 9 , 1 9 5 $ 4 5 7 , 1 4 5 $ 4 2 5 , 2 4 2 $393,49 1 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 8 2 , 1 5 2 $1 , 0 2 8 , 7 9 0 $9 7 7 , 5 9 4 $9 2 8 , 4 8 9 $8 8 1 , 4 0 3 $ 8 3 6 , 2 6 5 $ 7 9 3 , 0 0 7 $7 5 1 , 5 6 4 $7 1 1 , 8 7 2 $6 7 3 , 8 6 8 $3 9 7 , 3 7 6 $3 6 3 , 7 4 4 $331,62 2 $300,955$271,69 2 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 5 8 3 , 3 6 3 ‐$5 , 5 0 1 , 2 1 1 ‐$4 , 4 7 2 , 4 2 2 ‐$3 , 4 9 4 , 8 2 8 ‐$2 , 5 6 6 , 3 3 9 ‐$1 , 6 8 4 , 9 3 6 ‐$8 4 8 , 6 7 1 ‐$5 5 , 6 6 4 $6 9 5 , 9 0 0 $1 , 4 0 7 , 7 7 1 $2 , 0 8 1 , 6 3 9 $2 , 4 7 9 , 0 1 5 $2 , 8 4 2 , 7 5 9 $3,174,38 1 $3,475,33 7 $3,747,02 9 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 7 4 7 , 0 2 9 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 5 8 3 , 3 6 3 ‐$1 , 3 1 6 , 6 7 3 ‐$1 , 3 4 3 , 0 0 6 ‐$1 , 3 6 9 , 8 6 6 ‐$1 , 3 9 7 , 2 6 3 ‐$1 , 4 2 5 , 2 0 9 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$2 0 , 8 0 0 $0 ‐$2 0 , 8 0 0 ‐$2 1 , 2 1 6 ‐$2 1 , 6 4 0 ‐$2 2 , 0 7 3 ‐$2 2 , 5 1 5 ‐$2 2 , 9 6 5 ‐$2 3 , 4 2 4 ‐$2 3 , 8 9 3 ‐$2 4 , 3 7 1 ‐$2 4 , 8 5 8 ‐$2 5 , 3 5 5 ‐$25,86 2 ‐$26,37 9 ‐$26,90 7 ‐$27,445 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 6 3 5 , 2 7 2 $7 2 5 , 0 0 5 $ 8 1 4 , 9 6 2 $9 0 5 , 1 4 5 $ 9 9 5 , 5 6 0 $9 6 8 , 3 1 1 $9 4 1 , 3 0 3 $ 9 1 4 , 5 4 1 $8 8 8 , 0 3 0 $8 6 1 , 7 7 5 $ 5 2 0 , 7 2 5 $ 4 8 8 , 6 9 5 $ 4 5 6 , 8 1 1 $425,075$393,49 1 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 6 1 9 , 7 7 8 $6 9 0 , 0 7 1 $7 5 6 , 7 7 3 $ 8 2 0 , 0 1 6 $8 7 9 , 9 3 0 $8 3 4 , 9 7 1 $7 9 1 , 8 8 6 $7 5 0 , 6 0 7 $7 1 1 , 0 7 1 $6 7 3 , 2 1 7 $3 9 6 , 8 6 8 $3 6 3 , 3 7 2 $331,38 0 $300,83 7 $271,69 2 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 3 1 6 , 6 7 3 ‐$1 , 3 1 0 , 2 5 0 ‐$1 , 3 0 3 , 8 5 8 ‐$1 , 2 9 7 , 4 9 8 ‐$1 , 2 9 1 , 1 6 9 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$2 , 0 0 7 , 1 4 5 ‐$2 , 6 2 0 , 9 3 3 ‐$3 , 1 6 1 , 6 5 8 ‐$3 , 6 3 2 , 8 1 0 ‐$2 , 7 5 2 , 8 8 0 ‐$1 , 9 1 7 , 9 0 9 ‐$1 , 1 2 6 , 0 2 3 ‐$3 7 5 , 4 1 7 $3 3 5 , 6 5 4 $1 , 0 0 8 , 8 7 1 $1 , 4 0 5 , 7 3 8 $1 , 7 6 9 , 1 1 1 $2,100,49 1 $2,401,32 8 $2,673,02 0 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 6 7 3 , 0 2 0 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AMI   pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  3  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : D a t a m a t i c  Fi r e f l y  AM R  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$6 , 0 0 4 , 5 1 2 ‐$6 , 0 0 4 , 5 1 2 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$4 , 3 8 9 $ 0 ‐$4 , 3 8 9 ‐$4 , 4 7 6 ‐$4 , 5 6 6 ‐$4 , 6 5 7 ‐$4 , 7 5 0 ‐$4 , 8 4 5 ‐$4 , 9 4 2 ‐$5 , 0 4 1 ‐$5 , 1 4 2 ‐$5 , 2 4 5 ‐$5 , 3 5 0 ‐$5,45 7 ‐$5,56 6 ‐$5,67 7 ‐$5,791 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 0 6 1 , 8 1 4 $1 , 0 3 2 , 5 3 3 $1 , 0 0 3 , 4 5 5 $9 7 4 , 5 8 6 $9 4 5 , 9 2 8 $9 1 7 , 4 8 7 $8 8 9 , 2 6 6 $8 6 1 , 2 7 0 $8 3 3 , 5 0 3 $ 8 0 5 , 9 7 0 $4 6 3 , 6 2 1 $4 3 0 , 2 7 0 $397,04 0 $363,93 6 $330,95 9 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 3 5 , 9 1 6 $9 8 2 , 7 7 9 $9 3 1 , 8 0 8 $8 8 2 , 9 2 7 $8 3 6 , 0 6 3 $ 7 9 1 , 1 4 6 $7 4 8 , 1 0 8 $7 0 6 , 8 8 4 $6 6 7 , 4 1 0 $6 2 9 , 6 2 3 $ 3 5 3 , 3 4 7 $3 1 9 , 9 3 0 $288,02 1 $257,56 7 $228,51 6 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 0 0 4 , 5 1 2 ‐$4 , 9 6 8 , 5 9 6 ‐$3 , 9 8 5 , 8 1 7 ‐$3 , 0 5 4 , 0 0 9 ‐$2 , 1 7 1 , 0 8 2 ‐$1 , 3 3 5 , 0 2 0 ‐$5 4 3 , 8 7 4 $2 0 4 , 2 3 4 $9 1 1 , 1 1 9 $1 , 5 7 8 , 5 2 8 $2 , 2 0 8 , 1 5 1 $2 , 5 6 1 , 4 9 7 $2 , 8 8 1 , 4 2 7 $3,169,44 8 $3,427,01 6 $3,655,53 1 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 6 5 5 , 5 3 1 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$6 , 0 0 4 , 5 1 2 ‐$1 , 2 0 0 , 9 0 2 ‐$1 , 2 2 4 , 9 2 0 ‐$1 , 2 4 9 , 4 1 9 ‐$1 , 2 7 4 , 4 0 7 ‐$1 , 2 9 9 , 8 9 5 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$4 , 3 8 9 $ 0 ‐$4 , 3 8 9 ‐$4 , 4 7 6 ‐$4 , 5 6 6 ‐$4 , 6 5 7 ‐$4 , 7 5 0 ‐$4 , 8 4 5 ‐$4 , 9 4 2 ‐$5 , 0 4 1 ‐$5 , 1 4 2 ‐$5 , 2 4 5 ‐$5 , 3 5 0 ‐$5,45 7 ‐$5,56 6 ‐$5,67 7 ‐$5,791 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 5 8 7 , 8 8 0 $6 7 6 , 6 6 6 $7 6 5 , 6 5 5 $ 8 5 4 , 8 5 2 $9 4 4 , 2 6 1 $9 1 5 , 9 8 7 $8 8 7 , 9 3 2 $8 6 0 , 1 0 3 $ 8 3 2 , 5 0 3 $ 8 0 5 , 1 3 7 $4 6 2 , 9 5 5 $ 4 2 9 , 7 7 0 $396,70 7 $363,76 9 $330,95 9 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 5 7 3 , 5 4 2 $6 4 4 , 0 6 0 $7 1 0 , 9 8 7 $7 7 4 , 4 5 4 $8 3 4 , 5 8 9 $7 8 9 , 8 5 2 $7 4 6 , 9 8 7 $7 0 5 , 9 2 7 $6 6 6 , 6 0 9 $6 2 8 , 9 7 2 $3 5 2 , 8 3 8 $3 1 9 , 5 5 8 $287,77 9 $257,44 9 $228,51 6 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 2 0 0 , 9 0 2 ‐$1 , 1 9 5 , 0 4 4 ‐$1 , 1 8 9 , 2 1 5 ‐$1 , 1 8 3 , 4 1 4 ‐$1 , 1 7 7 , 6 4 1 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$1 , 8 2 2 , 4 0 5 ‐$2 , 3 6 7 , 5 5 9 ‐$2 , 8 3 9 , 9 8 6 ‐$3 , 2 4 3 , 1 7 3 ‐$2 , 4 0 8 , 5 8 4 ‐$1 , 6 1 8 , 7 3 1 ‐$8 7 1 , 7 4 5 ‐$1 6 5 , 8 1 8 $5 0 0 , 7 9 1 $1 , 1 2 9 , 7 6 2 $1 , 4 8 2 , 6 0 1 $1 , 8 0 2 , 1 5 9 $2,089,93 8 $2,347,38 8 $2,575,90 3 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 5 7 5 , 9 0 3 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AMI   pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  4  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : D a t a m a t i c  Mo s a i c  Fi r e f l y  AM I  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 1 6 5 , 8 9 1 ‐$6 , 1 6 5 , 8 9 1 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$1 5 , 8 0 0 $0 ‐$1 5 , 8 0 0 ‐$1 6 , 1 1 6 ‐$1 6 , 4 3 8 ‐$1 6 , 7 6 7 ‐$1 7 , 1 0 2 ‐$1 7 , 4 4 4 ‐$1 7 , 7 9 3 ‐$1 8 , 1 4 9 ‐$1 8 , 5 1 2 ‐$1 8 , 8 8 2 ‐$1 9 , 2 6 0 ‐$19,645 ‐$20,03 8 ‐$20,43 9 ‐$20,84 7 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 1 1 4 , 2 0 6 $1 , 0 8 5 , 9 7 2 $1 , 0 5 7 , 9 6 4 $1 , 0 3 0 , 1 8 4 $1 , 0 0 2 , 6 3 9 $9 7 5 , 3 3 2 $9 4 8 , 2 6 8 $9 2 1 , 4 5 2 $8 9 4 , 8 8 9 $8 6 8 , 5 8 4 $5 2 7 , 4 8 7 $4 9 5 , 4 1 3 $ 4 6 3 , 4 8 6 $431,71 1 $400,08 9 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 8 7 , 0 3 0 $1 , 0 3 3 , 6 4 4 $9 8 2 , 4 2 5 $ 9 3 3 , 2 9 6 $8 8 6 , 1 8 7 $8 4 1 , 0 2 5 $ 7 9 7 , 7 4 5 $ 7 5 6 , 2 7 8 $7 1 6 , 5 6 3 $ 6 7 8 , 5 3 6 $4 0 2 , 0 2 1 $3 6 8 , 3 6 7 $336,22 2 $305,533$276,24 8 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 1 6 5 , 8 9 1 ‐$5 , 0 7 8 , 8 6 1 ‐$4 , 0 4 5 , 2 1 7 ‐$3 , 0 6 2 , 7 9 2 ‐$2 , 1 2 9 , 4 9 6 ‐$1 , 2 4 3 , 3 0 9 ‐$4 0 2 , 2 8 4 $3 9 5 , 4 6 1 $1 , 1 5 1 , 7 3 9 $1 , 8 6 8 , 3 0 1 $2 , 5 4 6 , 8 3 8 $2 , 9 4 8 , 8 5 9 $3 , 3 1 7 , 2 2 6 $3,653,44 8 $3,958,98 2 $4,235,22 9 Pa y b a c k : Y e a r  7 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 4 , 2 3 5 , 2 2 9 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 1 6 5 , 8 9 1 ‐$1 , 2 3 3 , 1 7 8 ‐$1 , 2 5 7 , 8 4 2 ‐$1 , 2 8 2 , 9 9 9 ‐$1 , 3 0 8 , 6 5 9 ‐$1 , 3 3 4 , 8 3 2 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$1 5 , 8 0 0 $0 ‐$1 5 , 8 0 0 ‐$1 6 , 1 1 6 ‐$1 6 , 4 3 8 ‐$1 6 , 7 6 7 ‐$1 7 , 1 0 2 ‐$1 7 , 4 4 4 ‐$1 7 , 7 9 3 ‐$1 8 , 1 4 9 ‐$1 8 , 5 1 2 ‐$1 8 , 8 8 2 ‐$1 9 , 2 6 0 ‐$19,645 ‐$20,03 8 ‐$20,43 9 ‐$20,84 7 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 6 4 0 , 2 7 2 $7 3 0 , 1 0 6 $8 2 0 , 1 6 4 $9 1 0 , 4 5 1 $1 , 0 0 0 , 9 7 2 $9 7 3 , 8 3 2 $9 4 6 , 9 3 4 $9 2 0 , 2 8 5 $ 8 9 3 , 8 8 9 $8 6 7 , 7 5 0 $5 2 6 , 8 2 0 $4 9 4 , 9 1 3 $ 4 6 3 , 1 5 3 $ 4 3 1 , 5 4 4 $400,08 9 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 6 2 4 , 6 5 6 $6 9 4 , 9 2 5 $ 7 6 1 , 6 0 4 $8 2 4 , 8 2 4 $8 8 4 , 7 1 4 $8 3 9 , 7 3 2 $7 9 6 , 6 2 3 $ 7 5 5 , 3 2 1 $7 1 5 , 7 6 2 $6 7 7 , 8 8 5 $ 4 0 1 , 5 1 3 $ 3 6 7 , 9 9 5 $ 3 3 5 , 9 8 1 $305,415$276,24 8 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 2 3 3 , 1 7 8 ‐$1 , 2 2 7 , 1 6 3 ‐$1 , 2 2 1 , 1 7 7 ‐$1 , 2 1 5 , 2 2 0 ‐$1 , 2 0 9 , 2 9 2 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$1 , 8 3 5 , 6 8 5 ‐$2 , 3 6 1 , 9 3 6 ‐$2 , 8 1 5 , 5 5 2 ‐$3 , 2 0 0 , 0 2 0 ‐$2 , 3 1 5 , 3 0 7 ‐$1 , 4 7 5 , 5 7 5 ‐$6 7 8 , 9 5 2 $7 6 , 3 6 9 $ 7 9 2 , 1 3 1 $1 , 4 7 0 , 0 1 6 $1 , 8 7 1 , 5 2 9 $2 , 2 3 9 , 5 2 5 $2,575,50 5 $2,880,92 0 $3,157,16 8 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 1 5 7 , 1 6 8 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AMI   pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  5  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : M e t r o n ‐Fa r n i e r  AM R  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$6 , 7 4 6 , 6 9 4 ‐$6 , 7 4 6 , 6 9 4 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$1 , 6 5 0 $0 ‐$1 , 6 5 0 ‐$1 , 6 8 3 ‐$1 , 7 1 7 ‐$1 , 7 5 1 ‐$1 , 7 8 6 ‐$1 , 8 2 2 ‐$1 , 8 5 8 ‐$1 , 8 9 5 ‐$1 , 9 3 3 ‐$1 , 9 7 2 ‐$2 , 0 1 1 ‐$2,052 ‐$2,093 ‐$2,13 4 ‐$2,17 7 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 0 6 4 , 5 5 2 $1 , 0 3 5 , 3 2 6 $1 , 0 0 6 , 3 0 5 $9 7 7 , 4 9 2 $9 4 8 , 8 9 2 $9 2 0 , 5 1 0 $8 9 2 , 3 5 0 $8 6 4 , 4 1 6 $8 3 6 , 7 1 2 $8 0 9 , 2 4 3 $ 4 6 6 , 9 6 0 $4 3 3 , 6 7 5 $ 4 0 0 , 5 1 4 $367,47 9 $334,57 2 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 3 8 , 5 8 8 $9 8 5 , 4 3 8 $9 3 4 , 4 5 4 $8 8 5 , 5 6 0 $8 3 8 , 6 8 3 $ 7 9 3 , 7 5 3 $ 7 5 0 , 7 0 3 $ 7 0 9 , 4 6 6 $6 6 9 , 9 7 9 $6 3 2 , 1 8 0 $3 5 5 , 8 9 1 $3 2 2 , 4 6 2 $290,54 1 $260,075$231,01 1 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 7 4 6 , 6 9 4 ‐$5 , 7 0 8 , 1 0 6 ‐$4 , 7 2 2 , 6 6 8 ‐$3 , 7 8 8 , 2 1 4 ‐$2 , 9 0 2 , 6 5 5 ‐$2 , 0 6 3 , 9 7 2 ‐$1 , 2 7 0 , 2 1 9 ‐$5 1 9 , 5 1 6 $1 8 9 , 9 5 0 $8 5 9 , 9 2 9 $1 , 4 9 2 , 1 0 9 $1 , 8 4 8 , 0 0 0 $2 , 1 7 0 , 4 6 1 $2,461,00 2 $2,721,07 7 $2,952,08 7 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 9 5 2 , 0 8 7 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$6 , 7 4 6 , 6 9 4 ‐$1 , 3 4 9 , 3 3 9 ‐$1 , 3 7 6 , 3 2 6 ‐$1 , 4 0 3 , 8 5 2 ‐$1 , 4 3 1 , 9 2 9 ‐$1 , 4 6 0 , 5 6 8 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$1 , 6 5 0 $0 ‐$1 , 6 5 0 ‐$1 , 6 8 3 ‐$1 , 7 1 7 ‐$1 , 7 5 1 ‐$1 , 7 8 6 ‐$1 , 8 2 2 ‐$1 , 8 5 8 ‐$1 , 8 9 5 ‐$1 , 9 3 3 ‐$1 , 9 7 2 ‐$2 , 0 1 1 ‐$2,052 ‐$2,093 ‐$2,13 4 ‐$2,17 7 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 5 9 0 , 6 1 9 $6 7 9 , 4 5 9 $7 6 8 , 5 0 5 $ 8 5 7 , 7 5 9 $9 4 7 , 2 2 6 $9 1 9 , 0 1 0 $8 9 1 , 0 1 7 $8 6 3 , 2 4 9 $8 3 5 , 7 1 2 $8 0 8 , 4 1 0 $4 6 6 , 2 9 3 $ 4 3 3 , 1 7 5 $ 4 0 0 , 1 8 0 $367,31 2 $334,57 2 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 5 7 6 , 2 1 4 $6 4 6 , 7 1 9 $7 1 3 , 6 3 3 $ 7 7 7 , 0 8 7 $8 3 7 , 2 1 0 $7 9 2 , 4 6 0 $7 4 9 , 5 8 1 $7 0 8 , 5 0 9 $6 6 9 , 1 7 8 $6 3 1 , 5 2 9 $3 5 5 , 3 8 3 $ 3 2 2 , 0 9 0 $290,29 9 $259,95 7 $231,01 1 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 3 4 9 , 3 3 9 ‐$1 , 3 4 2 , 7 5 7 ‐$1 , 3 3 6 , 2 0 7 ‐$1 , 3 2 9 , 6 8 9 ‐$1 , 3 2 3 , 2 0 2 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$2 , 1 1 5 , 8 8 2 ‐$2 , 8 0 5 , 3 6 9 ‐$3 , 4 2 1 , 4 2 5 ‐$3 , 9 6 7 , 5 4 0 ‐$3 , 1 3 0 , 3 3 1 ‐$2 , 3 3 7 , 8 7 1 ‐$1 , 5 8 8 , 2 9 0 ‐$8 7 9 , 7 8 1 ‐$2 1 0 , 6 0 3 $4 2 0 , 9 2 6 $7 7 6 , 3 0 9 $1 , 0 9 8 , 3 9 9 $1,388,69 8 $1,648,65 4 $1,879,66 5 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 1 , 8 7 9 , 6 6 5 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AMI   pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  6  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : M u e l l e r  Sy s t e m s  AM R  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$5 , 4 3 7 , 7 7 5 ‐$5 , 4 3 7 , 7 7 5 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$3 , 0 0 0 $0 ‐$3 , 0 0 0 ‐$3 , 0 6 0 ‐$3 , 1 2 1 ‐$3 , 1 8 4 ‐$3 , 2 4 7 ‐$3 , 3 1 2 ‐$3 , 3 7 8 ‐$3 , 4 4 6 ‐$3 , 5 1 5 ‐$3 , 5 8 5 ‐$3 , 6 5 7 ‐$3,73 0 ‐$3,805 ‐$3,881 ‐$3,95 8 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 0 6 3 , 2 0 2 $1 , 0 3 3 , 9 4 9 $1 , 0 0 4 , 9 0 0 $9 7 6 , 0 5 9 $9 4 7 , 4 3 1 $9 1 9 , 0 2 0 $8 9 0 , 8 3 0 $8 6 2 , 8 6 5 $ 8 3 5 , 1 3 0 $8 0 7 , 6 3 0 $4 6 5 , 3 1 4 $4 3 1 , 9 9 6 $398,80 2 $365,73 2 $332,79 1 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 3 7 , 2 7 1 $9 8 4 , 1 2 8 $9 3 3 , 1 5 0 $8 8 4 , 2 6 2 $8 3 7 , 3 9 1 $7 9 2 , 4 6 8 $7 4 9 , 4 2 4 $7 0 8 , 1 9 3 $ 6 6 8 , 7 1 2 $6 3 0 , 9 1 9 $3 5 4 , 6 3 7 $3 2 1 , 2 1 3 $ 2 8 9 , 2 9 9 $258,83 9 $229,78 1 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$5 , 4 3 7 , 7 7 5 ‐$4 , 4 0 0 , 5 0 4 ‐$3 , 4 1 6 , 3 7 7 ‐$2 , 4 8 3 , 2 2 7 ‐$1 , 5 9 8 , 9 6 5 ‐$7 6 1 , 5 7 4 $3 0 , 8 9 4 $7 8 0 , 3 1 8 $1 , 4 8 8 , 5 1 1 $2 , 1 5 7 , 2 2 3 $2 , 7 8 8 , 1 4 3 $3 , 1 4 2 , 7 7 9 $3 , 4 6 3 , 9 9 3 $3,753,29 2 $4,012,13 0 $4,241,91 1 Pa y b a c k : Y e a r  6 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 4 , 2 4 1 , 9 1 1 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$5 , 4 3 7 , 7 7 5 ‐$1 , 0 8 7 , 5 5 5 ‐$1 , 1 0 9 , 3 0 6 ‐$1 , 1 3 1 , 4 9 2 ‐$1 , 1 5 4 , 1 2 2 ‐$1 , 1 7 7 , 2 0 4 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$3 , 0 0 0 $0 ‐$3 , 0 0 0 ‐$3 , 0 6 0 ‐$3 , 1 2 1 ‐$3 , 1 8 4 ‐$3 , 2 4 7 ‐$3 , 3 1 2 ‐$3 , 3 7 8 ‐$3 , 4 4 6 ‐$3 , 5 1 5 ‐$3 , 5 8 5 ‐$3 , 6 5 7 ‐$3,73 0 ‐$3,805 ‐$3,881 ‐$3,95 8 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 5 8 9 , 2 6 9 $6 7 8 , 0 8 2 $7 6 7 , 1 0 0 $8 5 6 , 3 2 6 $9 4 5 , 7 6 5 $ 9 1 7 , 5 2 0 $8 8 9 , 4 9 6 $8 6 1 , 6 9 8 $8 3 4 , 1 3 0 $8 0 6 , 7 9 7 $4 6 4 , 6 4 7 $4 3 1 , 4 9 6 $398,46 8 $365,56 6 $332,79 1 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 5 7 4 , 8 9 7 $6 4 5 , 4 0 9 $7 1 2 , 3 2 9 $7 7 5 , 7 8 9 $8 3 5 , 9 1 8 $7 9 1 , 1 7 4 $7 4 8 , 3 0 2 $7 0 7 , 2 3 6 $6 6 7 , 9 1 2 $6 3 0 , 2 6 8 $3 5 4 , 1 2 9 $3 2 0 , 8 4 2 $289,05 7 $258,72 1 $229,78 1 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 0 8 7 , 5 5 5 ‐$1 , 0 8 2 , 2 5 0 ‐$1 , 0 7 6 , 9 7 1 ‐$1 , 0 7 1 , 7 1 7 ‐$1 , 0 6 6 , 4 8 9 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$1 , 5 9 4 , 9 0 8 ‐$2 , 0 2 6 , 4 7 0 ‐$2 , 3 8 5 , 8 5 8 ‐$2 , 6 7 6 , 5 5 8 ‐$1 , 8 4 0 , 6 4 0 ‐$1 , 0 4 9 , 4 6 6 ‐$3 0 1 , 1 6 4 $4 0 6 , 0 7 2 $1 , 0 7 3 , 9 8 4 $1 , 7 0 4 , 2 5 2 $2 , 0 5 8 , 3 8 1 $2 , 3 7 9 , 2 2 2 $2,668,27 9 $2,927,00 0 $3,156,78 1 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 1 5 6 , 7 8 1 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AM pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  7  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : M u e l l e r  MI ‐Ne t  Sy s t e m  AM I  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 6 7 6 , 7 5 9 ‐$6 , 6 7 6 , 7 5 9 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$2 0 , 4 0 0 $0 ‐$2 0 , 4 0 0 ‐$2 0 , 8 0 8 ‐$2 1 , 2 2 4 ‐$2 1 , 6 4 9 ‐$2 2 , 0 8 2 ‐$2 2 , 5 2 3 ‐$2 2 , 9 7 4 ‐$2 3 , 4 3 3 ‐$2 3 , 9 0 2 ‐$2 4 , 3 8 0 ‐$2 4 , 8 6 7 ‐$25,365 ‐$25,87 2 ‐$26,39 0 ‐$26,91 7 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 1 0 9 , 6 0 5 $1 , 0 8 1 , 2 8 0 $1 , 0 5 3 , 1 7 8 $1 , 0 2 5 , 3 0 3 $9 9 7 , 6 5 9 $9 7 0 , 2 5 3 $ 9 4 3 , 0 8 7 $9 1 6 , 1 6 7 $8 8 9 , 4 9 9 $8 6 3 , 0 8 6 $5 2 1 , 8 7 9 $4 8 9 , 6 9 3 $ 4 5 7 , 6 5 2 $425,76 0 $394,01 9 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 8 2 , 5 4 2 $1 , 0 2 9 , 1 7 8 $9 7 7 , 9 8 0 $9 2 8 , 8 7 4 $8 8 1 , 7 8 5 $ 8 3 6 , 6 4 6 $7 9 3 , 3 8 6 $7 5 1 , 9 4 1 $7 1 2 , 2 4 7 $6 7 4 , 2 4 1 $3 9 7 , 7 4 7 $3 6 4 , 1 1 4 $331,99 0 $301,32 2 $272,05 6 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 6 7 6 , 7 5 9 ‐$5 , 5 9 4 , 2 1 7 ‐$4 , 5 6 5 , 0 3 9 ‐$3 , 5 8 7 , 0 5 9 ‐$2 , 6 5 8 , 1 8 5 ‐$1 , 7 7 6 , 4 0 0 ‐$9 3 9 , 7 5 4 ‐$1 4 6 , 3 6 8 $6 0 5 , 5 7 3 $ 1 , 3 1 7 , 8 2 0 $1 , 9 9 2 , 0 6 1 $2 , 3 8 9 , 8 0 9 $2 , 7 5 3 , 9 2 3 $3,085,91 3 $3,387,23 4 $3,659,29 1 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 6 5 9 , 2 9 1 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 6 7 6 , 7 5 9 ‐$1 , 3 3 5 , 3 5 2 ‐$1 , 3 6 2 , 0 5 9 ‐$1 , 3 8 9 , 3 0 0 ‐$1 , 4 1 7 , 0 8 6 ‐$1 , 4 4 5 , 4 2 8 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$2 0 , 4 0 0 $0 ‐$2 0 , 4 0 0 ‐$2 0 , 8 0 8 ‐$2 1 , 2 2 4 ‐$2 1 , 6 4 9 ‐$2 2 , 0 8 2 ‐$2 2 , 5 2 3 ‐$2 2 , 9 7 4 ‐$2 3 , 4 3 3 ‐$2 3 , 9 0 2 ‐$2 4 , 3 8 0 ‐$2 4 , 8 6 7 ‐$25,365 ‐$25,87 2 ‐$26,39 0 ‐$26,91 7 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 6 3 5 , 6 7 2 $7 2 5 , 4 1 3 $ 8 1 5 , 3 7 8 $9 0 5 , 5 6 9 $9 9 5 , 9 9 3 $ 9 6 8 , 7 5 3 $ 9 4 1 , 7 5 4 $9 1 5 , 0 0 1 $8 8 8 , 4 9 9 $8 6 2 , 2 5 3 $ 5 2 1 , 2 1 2 $4 8 9 , 1 9 3 $ 4 5 7 , 3 1 9 $425,593$394,01 9 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 6 2 0 , 1 6 8 $6 9 0 , 4 5 9 $7 5 7 , 1 5 9 $8 2 0 , 4 0 1 $8 8 0 , 3 1 2 $8 3 5 , 3 5 2 $7 9 2 , 2 6 5 $ 7 5 0 , 9 8 4 $7 1 1 , 4 4 6 $6 7 3 , 5 9 0 $3 9 7 , 2 3 9 $3 6 3 , 7 4 2 $331,74 8 $301,20 4 $272,05 6 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 3 3 5 , 3 5 2 ‐$1 , 3 2 8 , 8 3 8 ‐$1 , 3 2 2 , 3 5 6 ‐$1 , 3 1 5 , 9 0 5 ‐$1 , 3 0 9 , 4 8 6 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$2 , 0 4 4 , 0 2 2 ‐$2 , 6 7 5 , 9 1 9 ‐$3 , 2 3 4 , 6 6 5 ‐$3 , 7 2 3 , 7 5 0 ‐$2 , 8 4 3 , 4 3 7 ‐$2 , 0 0 8 , 0 8 5 ‐$1 , 2 1 5 , 8 2 1 ‐$4 6 4 , 8 3 7 $2 4 6 , 6 0 9 $9 2 0 , 1 9 9 $1 , 3 1 7 , 4 3 9 $1 , 6 8 1 , 1 8 1 $2,012,92 9 $2,314,13 3 $2,586,18 9 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 5 8 6 , 1 8 9 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AMI   pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  8  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : N e p t u n e  AR B  N ‐Si g h t  AM R  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$5 , 9 1 5 , 5 6 4 ‐$5 , 9 1 5 , 5 6 4 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$3 , 0 0 0 $0 ‐$3 , 0 0 0 ‐$3 , 0 6 0 ‐$3 , 1 2 1 ‐$3 , 1 8 4 ‐$3 , 2 4 7 ‐$3 , 3 1 2 ‐$3 , 3 7 8 ‐$3 , 4 4 6 ‐$3 , 5 1 5 ‐$3 , 5 8 5 ‐$3 , 6 5 7 ‐$3,73 0 ‐$3,805 ‐$3,881 ‐$3,95 8 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 0 6 3 , 2 0 2 $1 , 0 3 3 , 9 4 9 $1 , 0 0 4 , 9 0 0 $9 7 6 , 0 5 9 $9 4 7 , 4 3 1 $9 1 9 , 0 2 0 $8 9 0 , 8 3 0 $8 6 2 , 8 6 5 $ 8 3 5 , 1 3 0 $8 0 7 , 6 3 0 $4 6 5 , 3 1 4 $4 3 1 , 9 9 6 $398,80 2 $365,73 2 $332,79 1 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 3 7 , 2 7 1 $9 8 4 , 1 2 8 $9 3 3 , 1 5 0 $8 8 4 , 2 6 2 $8 3 7 , 3 9 1 $7 9 2 , 4 6 8 $7 4 9 , 4 2 4 $7 0 8 , 1 9 3 $ 6 6 8 , 7 1 2 $6 3 0 , 9 1 9 $3 5 4 , 6 3 7 $3 2 1 , 2 1 3 $ 2 8 9 , 2 9 9 $258,83 9 $229,78 1 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$5 , 9 1 5 , 5 6 4 ‐$4 , 8 7 8 , 2 9 3 ‐$3 , 8 9 4 , 1 6 6 ‐$2 , 9 6 1 , 0 1 6 ‐$2 , 0 7 6 , 7 5 5 ‐$1 , 2 3 9 , 3 6 4 ‐$4 4 6 , 8 9 6 $3 0 2 , 5 2 8 $1 , 0 1 0 , 7 2 2 $1 , 6 7 9 , 4 3 4 $2 , 3 1 0 , 3 5 3 $2 , 6 6 4 , 9 9 0 $2 , 9 8 6 , 2 0 4 $3,275,50 2 $3,534,34 1 $3,764,12 2 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 7 6 4 , 1 2 2 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$5 , 9 1 5 , 5 6 4 ‐$1 , 1 8 3 , 1 1 3 ‐$1 , 2 0 6 , 7 7 5 ‐$1 , 2 3 0 , 9 1 1 ‐$1 , 2 5 5 , 5 2 9 ‐$1 , 2 8 0 , 6 3 9 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$3 , 0 0 0 $0 ‐$3 , 0 0 0 ‐$3 , 0 6 0 ‐$3 , 1 2 1 ‐$3 , 1 8 4 ‐$3 , 2 4 7 ‐$3 , 3 1 2 ‐$3 , 3 7 8 ‐$3 , 4 4 6 ‐$3 , 5 1 5 ‐$3 , 5 8 5 ‐$3 , 6 5 7 ‐$3,73 0 ‐$3,805 ‐$3,881 ‐$3,95 8 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 5 8 9 , 2 6 9 $6 7 8 , 0 8 2 $7 6 7 , 1 0 0 $8 5 6 , 3 2 6 $9 4 5 , 7 6 5 $ 9 1 7 , 5 2 0 $8 8 9 , 4 9 6 $8 6 1 , 6 9 8 $8 3 4 , 1 3 0 $8 0 6 , 7 9 7 $4 6 4 , 6 4 7 $4 3 1 , 4 9 6 $398,46 8 $365,56 6 $332,79 1 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 5 7 4 , 8 9 7 $6 4 5 , 4 0 9 $7 1 2 , 3 2 9 $7 7 5 , 7 8 9 $8 3 5 , 9 1 8 $7 9 1 , 1 7 4 $7 4 8 , 3 0 2 $7 0 7 , 2 3 6 $6 6 7 , 9 1 2 $6 3 0 , 2 6 8 $3 5 4 , 1 2 9 $3 2 0 , 8 4 2 $289,05 7 $258,72 1 $229,78 1 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 1 8 3 , 1 1 3 ‐$1 , 1 7 7 , 3 4 2 ‐$1 , 1 7 1 , 5 9 8 ‐$1 , 1 6 5 , 8 8 3 ‐$1 , 1 6 0 , 1 9 6 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$1 , 7 8 5 , 5 5 8 ‐$2 , 3 1 1 , 7 4 8 ‐$2 , 7 6 5 , 3 0 2 ‐$3 , 1 4 9 , 7 0 9 ‐$2 , 3 1 3 , 7 9 1 ‐$1 , 5 2 2 , 6 1 7 ‐$7 7 4 , 3 1 4 ‐$6 7 , 0 7 9 $6 0 0 , 8 3 3 $ 1 , 2 3 1 , 1 0 1 $1 , 5 8 5 , 2 3 0 $1 , 9 0 6 , 0 7 2 $2,195,12 9 $2,453,85 0 $2,683,63 0 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 6 8 3 , 6 3 0 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AM pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  9  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : N e p t u n e  AR B  N ‐Si g h t  AM I  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 3 3 8 , 5 9 4 ‐$6 , 3 3 8 , 5 9 4 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$2 4 , 5 0 0 $0 ‐$2 4 , 5 0 0 ‐$2 4 , 9 9 0 ‐$2 5 , 4 9 0 ‐$2 6 , 0 0 0 ‐$2 6 , 5 2 0 ‐$2 7 , 0 5 0 ‐$2 7 , 5 9 1 ‐$2 8 , 1 4 3 ‐$2 8 , 7 0 6 ‐$2 9 , 2 8 0 ‐$2 9 , 8 6 5 ‐$30,463 ‐$31,07 2 ‐$31,693 ‐$32,32 7 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 1 0 5 , 5 0 5 $1 , 0 7 7 , 0 9 8 $1 , 0 4 8 , 9 1 2 $1 , 0 2 0 , 9 5 2 $9 9 3 , 2 2 1 $9 6 5 , 7 2 6 $9 3 8 , 4 7 0 $9 1 1 , 4 5 8 $8 8 4 , 6 9 5 $ 8 5 8 , 1 8 6 $5 1 6 , 8 8 1 $4 8 4 , 5 9 5 $ 4 5 2 , 4 5 2 $420,45 6 $388,60 9 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 7 8 , 5 4 2 $1 , 0 2 5 , 1 9 7 $9 7 4 , 0 1 9 $9 2 4 , 9 3 2 $8 7 7 , 8 6 3 $ 8 3 2 , 7 4 2 $7 8 9 , 5 0 2 $7 4 8 , 0 7 6 $7 0 8 , 4 0 0 $6 7 0 , 4 1 4 $3 9 3 , 9 3 8 $3 6 0 , 3 2 3 $ 3 2 8 , 2 1 8 $297,56 8 $268,32 1 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 3 3 8 , 5 9 4 ‐$5 , 2 6 0 , 0 5 2 ‐$4 , 2 3 4 , 8 5 5 ‐$3 , 2 6 0 , 8 3 6 ‐$2 , 3 3 5 , 9 0 4 ‐$1 , 4 5 8 , 0 4 1 ‐$6 2 5 , 2 9 9 $1 6 4 , 2 0 3 $ 9 1 2 , 2 7 9 $1 , 6 2 0 , 6 7 9 $2 , 2 9 1 , 0 9 3 $2 , 6 8 5 , 0 3 1 $3 , 0 4 5 , 3 5 5 $3,373,57 3 $3,671,14 1 $3,939,46 2 Pa y b a c k : Y e a r  7 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 9 3 9 , 4 6 2 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 3 3 8 , 5 9 4 ‐$1 , 2 6 7 , 7 1 9 ‐$1 , 2 9 3 , 0 7 3 ‐$1 , 3 1 8 , 9 3 5 ‐$1 , 3 4 5 , 3 1 3 ‐$1 , 3 7 2 , 2 2 0 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$2 4 , 5 0 0 $0 ‐$2 4 , 5 0 0 ‐$2 4 , 9 9 0 ‐$2 5 , 4 9 0 ‐$2 6 , 0 0 0 ‐$2 6 , 5 2 0 ‐$2 7 , 0 5 0 ‐$2 7 , 5 9 1 ‐$2 8 , 1 4 3 ‐$2 8 , 7 0 6 ‐$2 9 , 2 8 0 ‐$2 9 , 8 6 5 ‐$30,463 ‐$31,07 2 ‐$31,693 ‐$32,32 7 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 6 3 1 , 5 7 2 $7 2 1 , 2 3 1 $8 1 1 , 1 1 2 $9 0 1 , 2 1 8 $9 9 1 , 5 5 5 $ 9 6 4 , 2 2 6 $9 3 7 , 1 3 6 $9 1 0 , 2 9 1 $8 8 3 , 6 9 5 $ 8 5 7 , 3 5 3 $ 5 1 6 , 2 1 5 $ 4 8 4 , 0 9 5 $ 4 5 2 , 1 1 9 $420,28 9 $388,60 9 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 6 1 6 , 1 6 8 $6 8 6 , 4 7 8 $7 5 3 , 1 9 8 $8 1 6 , 4 5 9 $8 7 6 , 3 9 0 $8 3 1 , 4 4 9 $7 8 8 , 3 8 0 $7 4 7 , 1 1 8 $7 0 7 , 6 0 0 $6 6 9 , 7 6 3 $ 3 9 3 , 4 3 0 $3 5 9 , 9 5 2 $327,97 6 $297,45 0 $268,32 1 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 2 6 7 , 7 1 9 ‐$1 , 2 6 1 , 5 3 5 ‐$1 , 2 5 5 , 3 8 1 ‐$1 , 2 4 9 , 2 5 7 ‐$1 , 2 4 3 , 1 6 3 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$1 , 9 1 3 , 0 8 6 ‐$2 , 4 8 1 , 9 8 8 ‐$2 , 9 7 8 , 0 4 7 ‐$3 , 4 0 4 , 7 5 1 ‐$2 , 5 2 8 , 3 6 1 ‐$1 , 6 9 6 , 9 1 2 ‐$9 0 8 , 5 3 2 ‐$1 6 1 , 4 1 4 $5 4 6 , 1 8 5 $ 1 , 2 1 5 , 9 4 8 $1 , 6 0 9 , 3 7 8 $1 , 9 6 9 , 3 3 0 $2,297,30 6 $2,594,75 6 $2,863,07 7 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 8 6 3 , 0 7 7 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AMI   pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  10  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : S e n s u s  Fl e x n e t  AM R  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$6 , 7 6 9 , 0 1 4 ‐$6 , 7 6 9 , 0 1 4 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$1 , 4 5 2 $ 0 ‐$1 , 4 5 2 ‐$1 , 4 8 1 ‐$1 , 5 1 1 ‐$1 , 5 4 1 ‐$1 , 5 7 2 ‐$1 , 6 0 3 ‐$1 , 6 3 5 ‐$1 , 6 6 8 ‐$1 , 7 0 1 ‐$1 , 7 3 5 ‐$1 , 7 7 0 ‐$1,805 ‐$1,841 ‐$1,87 8 ‐$1,91 6 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 0 6 4 , 7 5 0 $1 , 0 3 5 , 5 2 8 $1 , 0 0 6 , 5 1 1 $9 7 7 , 7 0 2 $9 4 9 , 1 0 7 $9 2 0 , 7 2 9 $8 9 2 , 5 7 3 $ 8 6 4 , 6 4 3 $ 8 3 6 , 9 4 4 $8 0 9 , 4 8 0 $4 6 7 , 2 0 1 $4 3 3 , 9 2 1 $400,765$367,735$334,83 4 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 3 8 , 7 8 1 $9 8 5 , 6 3 0 $9 3 4 , 6 4 5 $ 8 8 5 , 7 5 0 $8 3 8 , 8 7 2 $7 9 3 , 9 4 2 $7 5 0 , 8 9 1 $7 0 9 , 6 5 3 $ 6 7 0 , 1 6 5 $ 6 3 2 , 3 6 5 $ 3 5 6 , 0 7 5 $ 3 2 2 , 6 4 5 $ 2 9 0 , 7 2 3 $ 2 6 0 , 2 5 6 $231,19 1 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 7 6 9 , 0 1 4 ‐$5 , 7 3 0 , 2 3 4 ‐$4 , 7 4 4 , 6 0 3 ‐$3 , 8 0 9 , 9 5 8 ‐$2 , 9 2 4 , 2 0 8 ‐$2 , 0 8 5 , 3 3 6 ‐$1 , 2 9 1 , 3 9 4 ‐$5 4 0 , 5 0 4 $1 6 9 , 1 4 9 $8 3 9 , 3 1 4 $1 , 4 7 1 , 6 7 8 $1 , 8 2 7 , 7 5 3 $2 , 1 5 0 , 3 9 8 $2,441,12 1 $2,701,37 7 $2,932,56 8 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 9 3 2 , 5 6 8 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM R  Sy s t e m ‐$6 , 7 6 9 , 0 1 4 ‐$1 , 3 5 3 , 8 0 3 ‐$1 , 3 8 0 , 8 7 9 ‐$1 , 4 0 8 , 4 9 7 ‐$1 , 4 3 6 , 6 6 6 ‐$1 , 4 6 5 , 4 0 0 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM R  Sy s t e m ‐$1 , 4 5 2 $ 0 ‐$1 , 4 5 2 ‐$1 , 4 8 1 ‐$1 , 5 1 1 ‐$1 , 5 4 1 ‐$1 , 5 7 2 ‐$1 , 6 0 3 ‐$1 , 6 3 5 ‐$1 , 6 6 8 ‐$1 , 7 0 1 ‐$1 , 7 3 5 ‐$1 , 7 7 0 ‐$1,805 ‐$1,841 ‐$1,87 8 ‐$1,91 6 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $2 5 5 , 2 1 4 $0 $ 2 5 5 , 2 1 4 $2 6 0 , 3 1 8 $2 6 5 , 5 2 5 $ 2 7 0 , 8 3 5 $ 2 7 6 , 2 5 2 $2 8 1 , 7 7 7 $2 8 7 , 4 1 2 $2 9 3 , 1 6 1 $2 9 9 , 0 2 4 $3 0 5 , 0 0 4 $3 1 1 , 1 0 4 $3 1 7 , 3 2 7 $323,673$330,14 7 $336,74 9 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 5 9 0 , 8 1 7 $6 7 9 , 6 6 1 $7 6 8 , 7 1 1 $8 5 7 , 9 6 9 $9 4 7 , 4 4 0 $9 1 9 , 2 2 9 $8 9 1 , 2 4 0 $8 6 3 , 4 7 6 $8 3 5 , 9 4 4 $8 0 8 , 6 4 7 $4 6 6 , 5 3 4 $4 3 3 , 4 2 1 $400,43 2 $367,56 8 $334,83 4 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 5 7 6 , 4 0 7 $6 4 6 , 9 1 1 $7 1 3 , 8 2 4 $7 7 7 , 2 7 7 $8 3 7 , 3 9 9 $7 9 2 , 6 4 8 $7 4 9 , 7 6 9 $7 0 8 , 6 9 5 $ 6 6 9 , 3 6 4 $6 3 1 , 7 1 4 $3 5 5 , 5 6 7 $3 2 2 , 2 7 3 $ 2 9 0 , 4 8 1 $260,13 8 $231,19 1 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 3 5 3 , 8 0 3 ‐$1 , 3 4 7 , 1 9 9 ‐$1 , 3 4 0 , 6 2 7 ‐$1 , 3 3 4 , 0 8 8 ‐$1 , 3 2 7 , 5 8 0 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$2 , 1 2 4 , 5 9 5 ‐$2 , 8 1 8 , 3 1 1 ‐$3 , 4 3 8 , 5 7 4 ‐$3 , 9 8 8 , 8 7 7 ‐$3 , 1 5 1 , 4 7 8 ‐$2 , 3 5 8 , 8 3 0 ‐$1 , 6 0 9 , 0 6 1 ‐$9 0 0 , 3 6 5 ‐$2 3 1 , 0 0 2 $4 0 0 , 7 1 2 $7 5 6 , 2 7 9 $1 , 0 7 8 , 5 5 2 $1,369,03 3 $1,629,17 1 $1,860,36 2 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 1 , 8 6 0 , 3 6 2 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AMI   pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  11  of  12 Ap p e n d i x  E Sa l a r y  & Be n e f i t s  Gr o w t h  Ra t e : 2 . 0 0 % Ci t y  of  De l r a y  Be a c h  Me t e r  Re p l a c e m e n t  Pr o g r a m Di s c o u n t  Ra t e  fo r  PV  An a l y s i s : 2 . 5 0 % Ne t  Pr e s e n t  Va l u e  An a l y s i s  of  Al t e r n a t i v e s In f l a t i o n  Ra t e  (f o r  Me t e r  & An n u a l  Co s t s ) : 2 . 0 0 % Ve n d o r : S e n s u s  Fl e x n e t  AM I  Sy s t e m Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 9 1 2 , 2 6 2 ‐$6 , 9 1 2 , 2 6 2 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$1 1 , 3 0 0 $0 ‐$1 1 , 3 0 0 ‐$1 1 , 5 2 6 ‐$1 1 , 7 5 7 ‐$1 1 , 9 9 2 ‐$1 2 , 2 3 1 ‐$1 2 , 4 7 6 ‐$1 2 , 7 2 6 ‐$1 2 , 9 8 0 ‐$1 3 , 2 4 0 ‐$1 3 , 5 0 5 ‐$1 3 , 7 7 5 ‐$14,05 0 ‐$14,33 1 ‐$14,61 8 ‐$14,91 0 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 5 5 2 , 5 3 3 $ 5 1 3 , 0 6 7 $ 4 7 3 , 6 0 0 $ 4 3 4 , 1 3 3 $ 3 9 4 , 6 6 7 $ 3 5 5 , 2 0 0 $ 3 1 5 , 7 3 3 $ 2 7 6 , 2 6 7 $ 2 3 6 , 8 0 0 $ 1 9 7 , 3 3 3 $ 1 5 7 , 8 6 7 $ 1 1 8 , 4 0 0 $ 7 8 , 9 3 3 $ 3 9 , 4 6 7 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 1 , 1 1 8 , 7 0 5 $1 , 0 9 0 , 5 6 2 $1 , 0 6 2 , 6 4 5 $1 , 0 3 4 , 9 6 0 $1 , 0 0 7 , 5 0 9 $9 8 0 , 3 0 0 $9 5 3 , 3 3 5 $ 9 2 6 , 6 2 0 $9 0 0 , 1 6 1 $8 7 3 , 9 6 1 $5 3 2 , 9 7 2 $5 0 1 , 0 0 7 $469,193$437,53 1 $406,02 6 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 1 , 0 9 1 , 4 2 0 $1 , 0 3 8 , 0 1 3 $9 8 6 , 7 7 2 $9 3 7 , 6 2 2 $8 9 0 , 4 9 2 $8 4 5 , 3 0 9 $8 0 2 , 0 0 8 $7 6 0 , 5 2 0 $7 2 0 , 7 8 4 $6 8 2 , 7 3 7 $4 0 6 , 2 0 2 $3 7 2 , 5 2 7 $340,36 2 $309,653$280,34 7 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$6 , 9 1 2 , 2 6 2 ‐$5 , 8 2 0 , 8 4 2 ‐$4 , 7 8 2 , 8 2 9 ‐$3 , 7 9 6 , 0 5 8 ‐$2 , 8 5 8 , 4 3 5 ‐$1 , 9 6 7 , 9 4 4 ‐$1 , 1 2 2 , 6 3 4 ‐$3 2 0 , 6 2 7 $4 3 9 , 8 9 4 $1 , 1 6 0 , 6 7 8 $1 , 8 4 3 , 4 1 5 $2 , 2 4 9 , 6 1 7 $2 , 6 2 2 , 1 4 4 $2,962,50 6 $3,272,15 9 $3,552,50 6 Pa y b a c k : Y e a r  8 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 3 , 5 5 2 , 5 0 6 Ba s e  Co s t 01 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 Ca p i t a l  Co s t s  AM I  Sy s t e m ‐$6 , 9 1 2 , 2 6 2 ‐$1 , 3 8 2 , 4 5 2 ‐$1 , 4 1 0 , 1 0 1 ‐$1 , 4 3 8 , 3 0 3 ‐$1 , 4 6 7 , 0 7 0 ‐$1 , 4 9 6 , 4 1 1 $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Co s t s  AM I  Sy s t e m ‐$1 1 , 3 0 0 $0 ‐$1 1 , 3 0 0 ‐$1 1 , 5 2 6 ‐$1 1 , 7 5 7 ‐$1 1 , 9 9 2 ‐$1 2 , 2 3 1 ‐$1 2 , 4 7 6 ‐$1 2 , 7 2 6 ‐$1 2 , 9 8 0 ‐$1 3 , 2 4 0 ‐$1 3 , 5 0 5 ‐$1 3 , 7 7 5 ‐$14,05 0 ‐$14,33 1 ‐$14,61 8 ‐$14,91 0 Fu n d i n g  Re a l l o c a t i o n  fr o m  15 ‐yr  Me t e r   Re p l a c e m e n t  Pr o g r a m * $2 5 8 , 4 5 5 $ 0 $ 2 5 8 , 4 5 5 $ 2 6 3 , 6 2 4 $ 2 6 8 , 8 9 7 $ 2 7 4 , 2 7 5 $ 2 7 9 , 7 6 0 $ 2 8 5 , 3 5 5 $ 2 9 1 , 0 6 2 $ 2 9 6 , 8 8 4 $ 3 0 2 , 8 2 1 $ 3 0 8 , 8 7 8 $ 0 $ 0 $ 0 $ 0 $ 0 An n u a l  Bu d g e t  Sa v i n g s  (S t a f f  Re d u c t i o n ) $3 1 9 , 0 1 7 $0 $ 3 1 9 , 0 1 7 $3 2 5 , 3 9 7 $3 3 1 , 9 0 5 $ 3 3 8 , 5 4 3 $ 3 4 5 , 3 1 4 $3 5 2 , 2 2 1 $3 5 9 , 2 6 5 $ 3 6 6 , 4 5 0 $3 7 3 , 7 7 9 $3 8 1 , 2 5 5 $ 3 8 8 , 8 8 0 $3 9 6 , 6 5 8 $404,59 1 $412,683$420,93 6 An n u a l  Re v e n u e s  Re c o v e r e d  du e  to   Me t e r  Ac c u r a c y $0 $ 7 8 , 6 0 0 $ 1 5 7 , 2 0 0 $ 2 3 5 , 8 0 0 $ 3 1 4 , 4 0 0 $ 3 9 3 , 0 0 0 $ 3 5 3 , 7 0 0 $ 3 1 4 , 4 0 0 $ 2 7 5 , 1 0 0 $ 2 3 5 , 8 0 0 $ 1 9 6 , 5 0 0 $ 1 5 7 , 2 0 0 $ 1 1 7 , 9 0 0 $ 7 8 , 6 0 0 $ 3 9 , 3 0 0 $ 0 Ne t  An n u a l  Sa v i n g s : $ 0 $ 6 4 4 , 7 7 2 $7 3 4 , 6 9 5 $ 8 2 4 , 8 4 5 $ 9 1 5 , 2 2 6 $1 , 0 0 5 , 8 4 3 $9 7 8 , 8 0 0 $9 5 2 , 0 0 2 $9 2 5 , 4 5 4 $8 9 9 , 1 6 1 $8 7 3 , 1 2 8 $5 3 2 , 3 0 5 $ 5 0 0 , 5 0 7 $468,86 0 $437,365$406,02 6 Pr e s e n t  Va l u e  of  An n u a l  Sa v i n g s : $ 6 2 9 , 0 4 6 $6 9 9 , 2 9 4 $7 6 5 , 9 5 1 $8 2 9 , 1 5 0 $8 8 9 , 0 1 8 $8 4 4 , 0 1 6 $8 0 0 , 8 8 6 $7 5 9 , 5 6 3 $ 7 1 9 , 9 8 4 $6 8 2 , 0 8 6 $4 0 5 , 6 9 4 $3 7 2 , 1 5 5 $ 3 4 0 , 1 2 0 $309,535$280,34 7 Pr e s e n t  Va l u e  of  Ca p i t a l  Co s t s : ‐$1 , 3 8 2 , 4 5 2 ‐$1 , 3 7 5 , 7 0 9 ‐$1 , 3 6 8 , 9 9 8 ‐$1 , 3 6 2 , 3 2 0 ‐$1 , 3 5 5 , 6 7 4 Pa y b a c k  An a l y s i s  (R u n n i n g  Co s t s ) : ‐$2 , 1 2 9 , 1 1 5 ‐$2 , 7 9 8 , 8 2 0 ‐$3 , 3 9 5 , 1 8 9 ‐$3 , 9 2 1 , 7 1 3 ‐$3 , 0 3 2 , 6 9 5 ‐$2 , 1 8 8 , 6 7 9 ‐$1 , 3 8 7 , 7 9 3 ‐$6 2 8 , 2 3 0 $9 1 , 7 5 3 $ 7 7 3 , 8 4 0 $1 , 1 7 9 , 5 3 3 $1 , 5 5 1 , 6 8 9 $1,891,80 9 $2,201,34 4 $2,481,69 1 Pa y b a c k : Y e a r  9 Ne t  Pr e s e n t  Va l u e / Po t e n t i a l  Sa v i n g s : $ 2 , 4 8 1 , 6 9 1 Ye a r Ye a r *A s s u m e s  th e  Ci t y  of  De l r a y  Be a c h  re a l l o c a t e s  th e  fu n d i n g  fo r  a  ba s i c  15  ye a r  me t e r  re p l a c e m e n t  sy s t e m  to  an  1  ye a r  or  5  ye a r  en h a n c e d  me t e r  re p l a c e m e n t  sy s t e m .  Sa v i n g s  on l y  va l i d  fo r  fi r s t  10  ye a r s .    As s u m e s  me t e r s  not  being  replaced  initially  with  AMR/AMI   pr o g r a m  wi l l  be  re p l a c e d  in  Ye a r s  11  th r o u g h  15 . AM R  Pr o g r a m 1 ‐Ye a r  Re p l a c e m e n t AM R  Pr o g r a m 5 ‐Ye a r  Re p l a c e m e n t Pa g e  12  of  12 MEMORANDUM TO:Mayor and City Commissioners FROM:Robert. A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:May 9, 2012 SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF MAY 15, 2012 SPECIAL EVENT REQUEST / ON THE AVE ITEM BEFORE COMMISSION City Commission is requested to approve a Special E vent Permit for On the Ave scheduled for July 3, 2012 from 6:00 p.m. to 10:00 p.m., to grant a tempo rary use permit per LDR Section 2.4.6(F) for the closure of A-1A from the south end of Boston’s to the south side of the north parking lot entran ce of the Marriott and Atlantic Avenue from A-1-A to the east side of Salina and to authorize staff support for security and traffic control, fire inspection, bann er hanging and removal, barricade set up and remova l, trash removal and clean up. BACKGROUND Attached are the special event permit request, site plan, budget and Economic Calculator for this even t received from Sarah Martin, Executive Director of t he Delray Beach Marketing Cooperative. Also attached is a cost comparison for City services bet ween the May and July events. The estimate of overtime costs for this event is $5,095 and cost fo r the barricade rental is estimated at $270. Based on the event agreement, the DBMC is to pay the City 35 % for all overtime costs plus the full cost of barricade rental for an estimated charge of $2,055. RECOMMENDATION Staff recommends approval of the Special Event Perm it, approval of the temporary use permit and street closures, staff support as stated above, including barricades with payment of costs to the City per th e Special Event Policies and Procedures. MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:May 9, 2012 SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF MAY 15, 2012 SPECIAL EVENT REQUEST / 4TH OF JULY FESTIVITIES ITEM BEFORE COMMISSION City Commission is requested to endorse the 4 th of July Festivities, grant a temporary use permit per LDR’s Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of NE/SE 7 th Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard fro m approximately 2:00 p.m. to midnight, to waive City ordinances 101.25 “Commercial Enterprises” and 101.32 “Assemblies” to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission i s also requested to approve staff support for secur ity and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash rem oval. BACKGROUND Attached are the event permit, budget, site plan, d raft activity schedule and economic calculator for this event. In addition, we have prepared a cost compari son between 2011 and 2012 for City costs. The 4 th of July Festivities are sponsored by the City through the Parks and Recreation Department in partnership with the Delray Beach Marketing Cooperative. The Parks a nd Recreation Department is responsible for event management, planning, and coordination of staff sup port. The Delray Beach Marketing Cooperative contracts with the fireworks vendor for the display , and with entertainment, assists in fundraising, h elps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. The Delray Beach Marketing Cooperat ive staff continues to try to raise funds to offset the costs other than City staff and equipment costs. The draft event activity schedule is attached with fireworks beginning approximately 9:00 p.m. This ye ar the fireworks are proposed to be staged on the beach. The cost of the fireworks display and other costs (except City overtime) are approximately $61,000. Th e City contributes $38,000 to the Delray Beach Market ing Cooperative to help offset the costs of the fir eworks display. In addition, overtime costs for staff supp ort are estimated to be approximately $20,690 and a re paid for through the City departmental budgets. Barricad e rental, portable lighting, crowd pleaser and port -a-let rental costs and sound equipment rental costs are a pproximately and additional $10,675, which are also paid for the by the City since this is a City sponsored event. Liability insurance is assumed by the City. RECOMMENDATION Staff recommends approval of the event, the tempora ry use permit for street closure, waiver of City co des to allow assembly on the beach and vendors on A-1-A, approval of parking lot closure extension, and s taff support as stated. MEMORANDUM TO:Mayor and City Commissioners FROM:Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE:May 10, 2012 SUBJECT:AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF MAY 15, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is revi ew of appealable actions which were taken by various Boards during the period of April 30, 2012 through May 11, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an approving Board. It also provides that the City Com mission may file an appeal. To do so: · The item must be raised by a Commission member. · By motion, an action must be taken to place the ite m on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of Ma y 9, 2012 A. Approved (5 to 0, Scott Porten absent), an amendmen t to the blanket sign program for Linton Square, located at the northeast corner of Linton B oulevard and Congress Avenue, to allow two flat wall signs for a new business within the center and known as Dr. G’s Urgent Care (1425 South Congress Avenue). B. Approved (5 to 0), an amendment to the master sign program for Park Ten Industrial Park, located on the south side of SW 10 th Street, east of I-95 to allow a new flat wall sign for Hurricane Proof to be placed on the south elevation of Building “H ” within the industrial park (1505 Poinsettia Drive). C. Approved (5 to 0), a request for a color change for New Monmouth Condominiums , located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (36 South Ocean Boulevard). D. Approved (4 to 0, Rustem Kupi stepped down), an eig hteen month extension (expiring June 9, 2014) for the Class III site plan modification, lan dscape plan and architectural elevation plan for The Boy’s Farmers Market , located on the east side of Military Trail, south of Lake Ida Road (14378 Military Trail). E. Approved (4 to 0, Roger DeCapito stepped down), a t wenty-four month extension (expiring May 26, 2014), for the Class IV site plan modificat ion, landscape plan and architectural elevation pla n for Roseaire Retreat , located at the intersection of Gallagher Road (we st side) and Brady Boulevard (14281 Gallagher Road). F. Denied (5 to 0), a Class I site plan modification a nd architectural elevation plan associated with the replacement of the existing glass service bay d oors with steel doors for Delray Firestone , located on the south side of West Atlantic Avenue, west of Military Trail. G. Approved (4 to 1, Alice Finst dissenting), a Class I site plan modification and architectural elevation plan associated with the replacement of t he existing glass service bay doors with steel door s for Delray Firestone , located at the southeast corner of SE 6 th Avenue and SE 2 nd Street (217 SE 6 th Avenue). H. Approved (5 to 0), a Class I site plan modification associated with replacing two free standing canopies with a single canopy within a car prep are a for Wallace Ford, located at the northwest corner of Linton Boulevard and Wallace Drive (1311 Linton Boulevard). I. Approved (4 to 0, Rustem Kupi stepped down), a Clas s I site plan modification associated with changing the outdoor courtyard entry feature for Boston’s Restaurant , located on the west side of South Ocean Boulevard, south of Atlantic Avenue ( 4 0 South Ocean Boulevard). Historic Preservation Board Meeting of May 2, 2012 1. Approved (7 to 0), a request for a Certificate of A ppropriateness associated with the installation of a new sign face on an existing free-standing sig n at a contributing property located at 15 NE 4 th Street, within the Del-Ida Park Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map MEMORANDUM TO:Mayor and City Commissioners FROM:Linda Karch, Director of Parks and Recreation THROUGH:David T. Harden, City Manager DATE:May 9, 2012 SUBJECT:AGENDA ITEM 8.N.1 - REGULAR COMMISSION MEETING OF MAY 15, 2012 BID AWARD/SIMPLY THE BEST CHARTERS, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the bid awa rd to low bidder, Simply the Best Charters, Inc. fo r bus rental and driver service for the Parks and Rec reation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition, Over- Night/Weekend Trips, at an estimated annual cost of $45,989.00. BACKGROUND The Parks and Recreation Department has been contra cting out bus services for many years for special events, summer camp, after school, youth football, etc. Bids for the Bus Rental and Driver Service we re received on April 25, 2012 from two (2) contractors all in accordance with City's purchasing procedures. Simply the Best Charter, Inc $45,989.0 0; Bus-One.LLC. $63,551.00. A tabulation of bids is a ttached for your review. Simply the Best Charter, Inc. is the current bus re ntal provider for the Parks and Recreation Departme nt and they have met all criteria specified in Bid # 2 012-22. The service they provide is professional and friendly. Staff recommends award to low bidder, Si mply the Best Charter, Inc. FUNDING SOURCE Funding from account codes as listed: 001-4105-572-44.90 ($4,500) Special Events/Out of School 001-4119-572-44.90 ($1,165) Special Events/505 Te en Center 115-4920-572-56.01 ($8,000) Summer/Holiday Camps-Community Center 115-4921-572-56.01 ($6,045) Summer/Holiday Camps-Pompey Park 001-4127-572-55.30 ($7,260) Youth Football 115-4912-572-55.30 ($6,050) 001-4127-572-44.90 ($1,400) Sport & Dance Competi tion 115-4127-572-56.27 ($2,135) 115-4127-572-56.29 ($2,130) 115-4912-572-55.30 ($5,500) Over-Night/Weekend Tr ips 115-4127-572-56.27 ($2,375) RECOMMENDATION Parks and Recreation recommends approval to award t he Bus Service Rental bid to Simply the Best Charter, Inc. MEMORANDUM TO:Mayor and City Commissioners FROM:Victor Majtenyi; Deputy Director of Public Uti lities Richard C. Hasko, P.E.; Director of Environmental S ervices Department THROUGH:David Harden; City Manager DATE:May 9, 2012 SUBJECT:AGENDA ITEM 8.N.2 - REGULAR COMMISSION MEETING OF MAY 15, 2012 CONTRACT AWARD/ OVIVO USA, LLC ITEM BEFORE COMMISSION Request an award to Ovivo USA, LLC in the amount of $64,454.00 for removing and replacing the gear motor units on Clarifier Units #1 and #3 at the Wat er Treatment Plant. Ovivo is the equipment manufacturer for the units. BACKGROUND During February 2012, Water Treatment Plant operators noticed a slight oil leak on the turbine drive assemblies of Clarifier Units #1 and #3. Staff con tacted the unit’s manufacturer, Ovivo USA, LLC, to come and evaluate the unit’s condition. Onsite evaluation indicated worn bea rings and seals on the gear motors. To repair the unit involves removal an d replacement. The oil used in these units is vegetable grade, therefore no immediate health thre at exists, however, the leaks will get progressivel y worse over time. Ovivo USA, LLC provided a quote in the amount of $3 2,652.00 for replacement of one gear motor unit. A savings in shipping costs of $850 can be re alized if both units are replaced at the same time. Since both units will eventually need to be r eplaced, staff desires to take advantage of this co st savings. The scope of work includes mobilization, c rane rigging, and removal/replacement of each unit. The new units will be a direct drive/variable speed type vs. the existing belt drive type unit. Staff recommends award to Ovivo USA, LLC in the amo unt of $64,454.00 for the replacement of gear motor units at two clarifier reactors, Units #1 and #3. The new units will have a standard one year warranty. The “Standard Form of Agreement between t he City and Contractor” will be executed. FUNDING SOURCE Funding is proposed from account #442-5178-536-64.9 0, Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment, in the amount of $64,454.00, after a budget transfer. RECOMMENDATION Staff recommends award to Ovivo USA, LLC in the amo unt of $64,454.00 for replacement of the gear motor units on Clarifier #1 and #3 at the Water Tre atment Plant. Proposal No. Q04588C-TA R Proposal Date: April 2, 2012 Page 1 of 8 PREPARED FOR City of Delray Beach, FL WTP 200 SW 6 th Street Delray Beach, FL 33444 561-243-7318 561-243-7316 Fax Attention: Mr. John Bullard AREA REPRESENTATIVE TSC-Jacobs 11021 Countryway Blvd. Tampa, FL 33626 813-888-5556 Attention: Todd Rubens PROJECT: Rebuild the turbine drive (C72P) EIMCO 65 ′ dia. Reactor Clarifier Serial # 22695-01 PREPARED BY Ovivo USA, LLC 4255 Lake Park Blvd. – Suite 100 Salt Lake City, Utah 84120-8201 Terry A. Reyburn Phone (801) 931-3239 Fax (801) 931-3090 terry.reyburn@ovivowater.com P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -1 Proposal No. Q04588C-TAR Proposal Date: April 2, 2012 Page 2 of 8 P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Sa lt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com PROJECT SUMMARY: Ovivo is pleased to provide the following proposal to replace the existing gearmotor on the West side Reactor Clarifier with a new style gearmotor that includes a variable speed drive (VFD ). The Reactor Clarifier is a 65’ dia. tank with the Serial Number 22695-01 (please verify). We will also include the labor in stallation to in stall this unit, but the electrical portion will need to be done by the customer. Replacement gearmotor includes: • Gearmotor approx. 30HP (VFD suitable motor) • Pedestal Steel Plate • Spool piece adapter • Coupling • VFD • Related hardware • Engineering • Freight Labor Services: Ovivo will supply supervision, labo r, service and equipment necessa ry to complete this rebuild project. We include: • Site mobilization • Removal of the existing turbine drive gearmotor • Replacement of new turbine drive gearmotor • Support of superstructure as needed • Crane, Mats, rigging and related equipment • Demobilization of personnel and equipment. • One shift, 10 hours per day We do not include: • Draining, cleaning an d filling of tank • Lubrication for drive units • Electrical connections or disconnection. • Over-time work hours • Disposing of old debris. Gearmotor & Labor Services ……………………………….…$32,652.00 Price is based on locating the crane adjacent to the tank. WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -2 Proposal No. Q04588C-TA R Proposal Date: April 2, 2012 Page 3 of 8 EWT anticipates 8 -10 weeks for materials; 1day to remove gearmotor, 1-2 days to re-install and check out unit. DELIVERY Ovivo intends to ship all Produ cts as indicated above after r eceipt of approved purchase order from Purchaser. However, the date of shipment of the Produc ts represent Ovivo's best estimate, but is not guaranteed, and Ovi vo shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in this proposal . If such delivery is prevented or postponed by reason of Force Majeure, as defined in Oviv o’s standard terms and conditions of sale, Ovivo shall be entitled at its op tion to tender delivery to Purchaser at the point or points of manufacture, and in default of Purchaser’s acceptance of delivery, to cause the Products to be stored at such a point or poi nts of manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shal l constitute delivery for all purposes of this proposal. If shipment is postponed at request of Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase price sh all be due on notice from Ovivo that the Products are ready for shipment. Ha ndling, moving, storage, insurance and other charges thereafter incurred by Ovivo with respect to the Products sha ll be for the account of Purchaser and shall be paid by Purchaser when invoiced. PRICING TERMS All prices quoted are in US Dollars. Prices are good for 45 days. After expiration of the pricing effective period, prices will be subject to review and adjustment. Prices quoted are FOB point of shipment, with freight included to an accessible poin t nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price. PAYMENT TERMS Payment terms are: One hundred percent (100%) payment due within thirty (30) days after Purchaser’s receipt of invoice upon completion of the work. Credit is subj ect to acce ptance by the Ovivo Credit Department. If Purchaser requests or causes cancellation, su spension or delay of Ovivo’s work, Purchaser shall accept transfer of title and pay Ovivo all appropriate char ges incurred up to date of such event plus all charges related to storage, dis position and/or resumption of work. Full payment for all work sha ll be due and payable thirty (30) days from the date wo rk is placed into storage. P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -3 Proposal No. Q04588C-TA R Proposal Date: April 2, 2012 Page 4 of 8 TAXES Federal, State or local sales, use or other taxes are not in cluded in the sales price. BACKCHARGES In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible for such work or expenses, until after Purcha ser/Owner has provid ed Ovivo’s PROJECT MANAGER full details (inc luding estimate of material cost and amount and rate of labor required) of the work, services, material or expenses, and Ov ivo has approved the same in writing. Ovivo will not accept Products retu rned by Purchaser/Owner unless Ovivo has previously accepted the return in writing a nd provided Purchaser/Owner with shipping instructions. **PURCHASE ORDER SUBMISSION** In an effort to ensure all purchase orders are processed timely and efficiently, please submit all purchase order documentation to the following department and address: Attn: Order Entry Administrator Ovivo USA, LLC 4255 Lake Park Blvd., Suite 100, Salt Lake City , Utah 84120 Fax #: 801-931-3080 Tel. #: 801-931-3000 P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -4 Proposal No. Q04588C-TA R Proposal Date: April 2, 2012 Page 5 of 8 ADDITIONAL FI ELD SERVICE When included and noted in the Product pricin g of each proposal item, Ovivo will supply the service of a competent field representative to in spect the completed installation and adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each proposal item for the number of eight (8 ) hour days. Notwithstanding Ovivo’s performance of the above-referenced se rvices, Ovivo shall not be held liable for any faulty workmanship or other defects in the Pro ducts’ installation, or for other goods and/or services, performed by third parties unless such goods and/or services are expressly included under Ovivo’s scope of work. If additional service is required, it will be furnished to the Purchaser and billed to him at the current rate for each additional day required, plus travel and l odging expenses incurred by the service personnel during the additional service days. It shall be the Purchaser's respons ibility to provide for all necessary lubrica tion of all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Contractor not be ready when the Field Service Engineer is requested or if additional service is requested, the Ovivo current service rates will apply for ea ch additional day requ ired, plus travel and lodging expenses incurred by the service perso nnel during the additional service days. SURFACE PREPARATION AND PAINTING GE NERAL INFORMATION If painting the Products is included under Ovivo’s scope of work, such Products shall be painted in accordance with Ovi vo’s standard practice. Shop primer paint is intended to serve only as minimal protective finish. Ovivo will not be responsible for condition of primed or finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper preparation and application prior to shipment. Ovivo assumes no responsibility for field servic e preparation or touc h-up of shipping damage to paint. Painting of fasteners and other touch-up to pa inted surfaces will be by Purchaser's painting contractor after mechanism erection. Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our intention to ship major steel compone nts as soon as fabricated, often before drives, motors and other manufactured components. Unle ss you can insure that shop primed steel shall be field painte d within thirty (3 0) days after arrival at the jobsite, we en courage you to purchase these components in the bare meta l (no surface prep or primer) condition. Ovivo cannot accept responsibility for rusting or deterioration of shop applied prime coatings on delivered equipment if the primed surfaces have not been field painted within thirty (30) days of arrival at the jobsite using manufacture rs' standard primers. Other primers may have less durability. P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -5 Proposal No. Q04588C-TA R Proposal Date: April 2, 2012 Page 6 of 8 GENERAL ITEMS NOT INCLUDED Unless specifically and expre ssly included above, prices quoted by Ov ivo do not include unloading, hauling, erection, installation, piping , valves, fittings, stairways, ladders, walkways, grating, wall spools, concrete, grout, sealant, dissimilar me tal protection, oakum, mastic, field painting, o il or grease, electrical controls, wiring, mounting hardware, welding, weld rod, shims, leveling plates, protection against corrosion due to unprotected storage, special engineering, or overall plant or system operating instructions or any other products or services. MANUALS The content of any and all installation, operation and maintenance or other manuals or documents pertaining to the Pr oducts are copyrighted and sha ll not be modified without the express prior written consent of Ovivo. Ovi vo disclaims any liability for claims resulting from unauthorized modifications to any such manuals or other do cuments provided by Ovivo in connection with the Project. WARRANTY AND CONDITIONS Ovivo standard Terms and Conditions of Sale, QFORMEWT 0115-02031 is attached and made an essential part of this proposal. These terms and conditions are an integral part of Ovivo’s offer of Products and related service s and replace and supersede any terms and conditions or warranty included in Purc haser or Owner requests for quotation or specifications and cannot be changed without written approval from an authorized representative of Ovivo. CONFIDENTIALITY To the extent allowed by applicable law, th e contents of this proposal are confidential and shall be used by Purchaser and/or Owner only for the purpose of evaluating Ovivo’s offer of goods and services in conn ection with the Project. Purcha ser/Owner shall not disclose the contents of this proposal to any third pa rty without the prior writ ten consent of Ovivo. Attachments: Ovivo USA, LLC General Terms and Conditions, QFORMEWT 0115-02031 Rev H Ovivo USA 2010 North American Field Service Rate Schedule P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -6 TERMS & CONDITIONS Proposal No. Q04588C-TA R Proposal Date: April 2, 2012 Page 7 of 8 1. ACCEPTANCE. The proposal of Ovivo USA, LLC (“SELLER”), as well as these terms and conditions of sale (collectively the “Agreement”), constitutes SELLER’s contractual offer of goods and associated services, and PURCHASER’s acceptance of this offer is expressly limited to t he terms of the Agreement. The scope and terms and conditions of this Agreement represent the entire offer by SELLER and supersede all prior solicitations, discussi ons, agreements, und erstandings and representations between the parties. Any sc ope or terms and conditions included in PU RCHASER’s acceptance/purchase order that a re in addition to or different from this Agreement are hereby rejected. 2. DELIVERY. Any statements relating to the date of shipment of the Products (as de fined below) represent SELLER'S best estimate, but is no t guaranteed, and SELLER shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or point s in accordance with the delivery terms stated in SELLER’s proposal. If such delivery is prev ented or postponed by reason of Force Majeur e (as defined below), SELLER shall be en titled at its option to tender delivery to PURCHASER at the point or points of manufact ure, and in default of PURCH ASER’s acceptance of deliver y to cause the Products to be stored at such a point or points of manufacture at PURCHASER'S expense. Such te nder, if accepted, or such storage, sha ll constitute delivery fo r all purposes of th is agreement. If shipment is postponed at request of PURCHASER, or due to delay in receipt of shipping instructions, paym ent of the purchase price shall be due on notice from SELLER that the Products are ready for shipment. Handling, moving, storag e, insurance and other charge s thereafter incurred by SELLER with respect to the Pr oducts shall be for the account of PURCHASER and shall be paid by PURCHASER when invoiced. 3. TITLE AND RISK OF LOSS. SELLER shall retain the fullest right, title , and interest in the Products to the ex tent permitted by appli cable law, includin g a security interest in the Products, until the full purchase price has been paid to SELLE R. The giving and ac cepting of drafts, n otes and/or trade acceptances to evidence the payments due shall not constitute or be construed as payment so as to pass SELLER’s interests until said drafts, notes and/or t rade acceptances are paid in full. Risk of loss shall pass to PURCHASER at the delivery point. 4. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER warrants that new equipment and par ts manufactured by it and provided to PURCHASER (collectively, “Produc ts”) shall be free from defects in material and workmanship. The warranty period shall be twelv e (12) months from startup of the equipment not to exceed eighteen (18) months from shipment. If any of SELLER’S Products fail to comply with the foregoing warra nty, SELLER shall repa ir or replace free of charge to PURCHASER, EX WORKS SELLER’S FACTORIES or other lo cation that SELLER designates, any Product or parts thereof retu rned to SELLER, which examination shall show to have failed under normal use and servi ce operation by PURCHAS ER within the Warranty Period; provided, that if it would be impracticable for the Product or part thereof to be returned to SELLER, SELLER will send a representative to PURCHASER’s job site to inspect the Product. If it is determined after inspection that SELLER is liable under this warranty to repair or replace the Product or part thereof, SELLER shall bear the transportation cos ts of (a) returning the Product to SELLER for inspection or sending its representative to the job site and (b) returning the repaired or repl aced Products to PURCHASER; however, if it is determined af ter inspection that SELLER is not liable under this warranty, PURCHASER shall pay thos e costs. For SELLER to be liable with respect to this warrant y, PURCHASER must make its claims to SELLER with respect to this warranty in wr iting no later than thirty (30) days after the date PURCHASER discovers the basis for its warranty claim and in no event more than thirty (30) days after the expiration of the Warranty Period. In addition to any other limitati on or disclaimer with respe ct to this warranty, SELLER shall have no liability with respect to any of the followi ng: (i) failure of the Products, or damages to them, due to PURCHASER’s negligence or willful misconduct, abuse or improper storage, installation, application or maintenance (as specified in any manuals or wr itten instructions that SELLER provides to the PURCHASER); (ii) any Products that have been altered or repaired in any way without SELLER’S prior written authorizatio n; (iii) The costs of dismantling and reinstalla tion of the Products; (iv) any Products damaged while in transit or otherwise by accident; (v) decomposition of Products by chemical acti on, erosion or corrosion or wear to Pr oducts or due to conditions of temperature, moisture and dirt; or (vi) claims with re spect to parts that are consumable and nor mally replaced during maintenance such as fi lter media, filter drainage belts and the like, except where such parts are not performing to SELLER’S estimate of normal service life, in which case, SELLER shall only be lia ble for the pro rata cost of replacement of those parts based on SELLER’S estimate of wh at the remaining service life of those pa rts should have been; provided, that failu re of those parts did not result from any of the matters listed in clauses (i) through (v) above. With regard to th ird-party parts, equi pment, accessories or components not of SELLER’s design, SELLER’S liability shall be limited solely to the assignment of available third-party warranties. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTAB ILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties and obligations of SELLER shall termin ate if PURCHASER fails to perform its obligations under this Agreement including but not limited to any failure to pay a ny charges due to SELLER. SELLER ’S quoted price for the Product s is based upon this warranty. Any increase in warranty obligation may be subject to an in crease in price. 5. PAINTING. The Products shall be painted in accordance with SELLER'S standard practice, and purchas ed items such as mo tors, controls, spe ed reducers, pumps, etc., will be painted in accordance with manufacturers’ standard practices, unless otherwise agreed in writing. 6. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests approval of drawings be fore commencement of ma nufacture, shipment may be delayed if approved drawings are not returned to SELLER within fourteen (14) days of receipt by PURCHASER of such drawings f or approval. SELLER will furnish only general arrangement, genera l assembly, and if required, wiring diagrams, erection drawings, installation and operation-mai ntenance manuals for SELLER'S equipment (in English language). S ELLER will supply six (6) complete sets of drawings and operating instr uctions. Additional sets will be paid for by PURCHASER. Electronic files, if requested from SELLER, will be provided in pdf, jpg or tif format only. 7. SET OFF. This Agreement shall be complete ly independent of all other contracts between the parties and all payments due to SELLER hereu nder shall be paid when due and shall not be setoff or applied again st any money due or claimed to be due from SELLER to PURCHASER on account of any other transaction or claim. 8. SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use any in formation processing program supplied by SELLER with the Products. PURCHASER acknowledges that such programs a nd the information contained therein is Conf idential Information and agrees: a) not to copy or duplicate the program except for archival or security purposes; b) not to use the program on any computer other th an the computer with which it is supplied; and c) to limit access to th e program to those of its employees who are necessary to permit authori zed use of the program. PURCHASER agrees to execute and be bound by the terms of any software license applicable to the Products supplied. 9. PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted again st PURCHASER based upon claims that SELLER’s Product hereunder in and of itself constitutes an infringement of any valid apparatus claims of any United States patent issued and existing as of the d ate of this Agreement, if notified promptly in writing and given all information, assistance, and sole authority to defend and settle the same, and SELLER shall indemnify the PURCHASER against such claims of infringement. Furthermore, in case the use of the Products is enjo ined in such suit or in case SELLER otherwise deems it advisa ble, SELLER shall, at its own expense and discretion, (a) procure for the PURCHASER the right to continue using the Pr oducts, (b) replace the sa me with non-infringing Pr oducts, (c) modify the Product so it becomes non-infringing, or (d) remove the Products and refund the purchase price less freight ch arges and depreciation. SELLER shall no t be liable for, and does not indemnify PURCHASER for, any claim of infringement related to (a) the use of the Products for any purpose other than that for which it wa s furnished by SELLER, (b) compliance with equipment designs not furnished by S ELLER or (c) use of the Products in combina tion with any other equipment. The foregoing states the sole liability of SELLER for patent infringement with respect to the Products. 10. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon giving SELLER thirty (30) days prior written notice of such fact a nd paying SELLER for all costs and expenses incurred by it in performing its work and closing out the same plus a reasonable profit thereon. 11. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLER’s facility. SELLER rese rves the right to determine t he reasonableness of the request and to select an appropria te time for such inspection. All costs of inspections not expressly included as an ite mized part of the quoted price of the Products in this Agreement shall be paid by PURCHASER. 12. WAIVER. Any failure by SELLER to enforce PURCHAS ER’s strict performance of any provision of this Agreement will not constitute a waive r of its right to subsequently enforce such provision or any other provision of this Agreement. P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3000 • Fax: (801) 931-3080 www.ovivowater-.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -7 TERMS & CONDITIONS Proposal No. Q04588C-TA R Proposal Date: April 2, 2012 Page 8 of 8 19. COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or conditions require anything different from, or in addition to, that called for by this Agreement, SELLER will satisfy such requirements at PURCHASER'S written request and expense. 20. FORCE MAJEURE. If SELLER is rendered unable, wholly or in material part, by reason of Force Majeur e to carry out any of its obligations hereu nder, then on SELLER’s notice in writing to PURCHASER within a reasonable time after the occurrence of the cause relied upon, such obligation s shall be suspended. “Force Majeure” shall include, but not be limited to, acts of God, laws and regulations, strikes, ci vil disobedience or unrest, lightning, fire , flood, washout, storm, co mmunication lines failure, delays of the PURCHASER or PURCHASER’s s ubcontractors, breakage or a ccident to equipment or machinery, wars, police actions, te rrorism, embargos, and any other causes that are not reasonably within the control of the SELLER . If the delay is the result of PURCHASER’s action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to reim bursement of costs incurred to maintain its schedule. 21. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an independent contractor, and that neither SELLER nor its principals, partners, par ents, subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint ventures or employees of PURCHASER in any way whatsoever. 22. SEVERABILITY. Should any portion of this Agreement, be he ld to be invalid or unenfor ceable under applicable law th en the validity of the remaining portions thereof shall not be affected by such invalidity or unenforceability and sh all remain in full force and e ffect. Furthermore, any invali d or unenforceable provision shall be modified accordingly within the confines of applicable law, giving maximum permissible effect to the parties’ intentions expressed herei n. 23. LIMITATION ON LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE COST OF CORRECTING ANY DEFECT S, OR IN THE ABSENCE OF ANY DEFECT, IN EXCESS OF THE VALUE OF THE PRODUCTS SOLD HEREUNDER. NOTWITHSTANDING ANY LIABILITIES OR RESPONSIBILITIES ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LO SS OF ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPE RATION, SERVICE INTERRUPTIONS, COST OF PURCHASED OR REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING FROM DE FECTS, DELAY, OR FROM ANY OTHER CAUSE WHATSOEVER. REVISION DATE – MARCH 5, 2009 NORTH AMERICAN FIELD SERVICE RATE SHEET Effective January 2010 Standard (Travel) Daily Rate (8 hour day) $ 1,000.00 Hourly Rate (4 hour minimum) $ 125.00 Standard (Labor) Daily Rate (8 hour day) $ 1,000.00 Hourly Rate (4 hour minimum) $ 125.00 Saturday Daily Rate (8 hour day) $ 1,500.00 Hourly Rate (4 hour minimum) $ 187.50 Sundays/Holidays * Daily Rate (8 hour day) $ 2,000.00 Hourly Rate (4 hour minimum) $ 250.00 Overtime ** Hourly Rate - Standard Day $ 187.50 Hourly Rate - Weekends & Holidays $ 250.00 * Except Christmas Day and New Years Day ** For all hours worked over eight (8) hours per day UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% Please Note:  All of the rates provided are portal to portal. In addition, tr avel and living expenses will be invoiced at actual cost PLUS 10 % and documentation will be provided for these expenses . If a fixed Per Diem rate is required, it will be charged at $200.00 per da y (lodging and meals) with the exception of the East Coast where the price will be $250.00). Travel on Saturday, Sunday or Holidays, and after 8 hours per day will be billed at the overtime rate.  Use of Ovivo Fleet vehicles for travel will be c harged at the rate of $0.50 per mile. P R O P O S A L Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3000 • Fax: (801) 931-3080 www.ovivowater-.com WTP Clarifier #1 and #3 Repair P/N 2012-077 Pg 19 -8 1 Majtenyi, Victor From:Reyburn Terry <Terry.Reyburn@ovivowater.com> Sent:Monday, May 07, 2012 11:54 AM To:Majtenyi, Victor Cc:Bullard, John; Williams, Harold Subject:Re: Eurodrive Quote- Delray Beach, FL Follow Up Flag:Follow up Flag Status:Flagged Categories:Red Category HelloVictor,unfortunatelythereisno discountonthelaborandthepartshoweverI mightbeabletosaveacoupleof bucksontheshippingcharge.Sopleasesubtract$850ifyoupurchase bothatthesametime.Itsnotalotbuthopefully ithelps. Thanks,TerryReyburn. From : Majtenyi, Victor [mailto:Majtenyi@mydelraybeach.com] Sent : Monday, May 07, 2012 10:02 AM To : Reyburn Terry Cc : Bullard, John <BullardJ@mydelraybeach.com >; Williams, Harold <williamsh@mydelraybeach.com > Subject : FW: Eurodrive Quote- Delray Beach, FL Terry, Hopealliswell. Thanksforthequote.AsmentionedbyJohn,bothClarifiers,#1and #3,areindicatingsomelevelofproblemandwill eventuallyneedreplacement.Ifweweretoconsider seekingCityCommission’sapprovalfor replacementofbothunits (1and3)atthesametime,canyouoffersomediscount? Thanks, Vic From: Reyburn Terry [mailto:Terry.Reyburn@ovivowater.com] Sent: Monday, April 02, 2012 6:21 PM To: Bullard, John Cc: Williams, Harold; Jones, Brian; todd@tscjacobs.com Subject: RE: Eurodrive Quote- Delray Beach, FL John,Pleaseseetheattachedproposalperyour request.Thepricingis prettyclosetowhatiswas lastyearbutthis timeweneedtoaddtheadapter spoolpiece.Thelastonewe didlastyearalreadyhad onesoitwas notneeded.Other thatit’sprettymu chthesame. Pleaseletmeknowifyou haveanyquestions. thanks, TerryA.Reyburn 2 U.S.AftermarketManager OvivoUSA,LLC. Tel:8019313239 Fax:8019313090 EMail:terry.reyburn@ovivowater.com Website:www.ovivowater.com Pleaseconsidertheenvironmentbeforeprintingthisemail. CONFIDENTIALITYNOTICEThiselectronicmailmessage,includinganyattachments,areconfidentialandare intendedfortheexc lusive useoftheaddressee.Anyotherper sonisstrictlyprohibitedfromdisclosing,distributing,forwardingorreproducingthemwit hout thepriorwrittenauthorizationofthe sender.Iftheaddresseecannotbereachedorisunknown toyou,pleaseimmediatelyinform thesenderbyreturnelectronicmailanddeletethiselectronic mailmessageandanyattachmentsanddestroyallcopies. From: Bullard, John [mailto:BullardJ@mydelraybeach.com] Sent: Thursday, March 29, 2012 9:04 AM To: Reyburn Terry Cc: Williams, Harold; Jones, Brian Subject: Eurodrive Quote Terry, PleasesendusaquoteforaEurodriveandinstallationexactly aswedidontheclarifier#2turbinedriveunit.Wewill probablyinstallthefirstoneonclarifier #1,andbeforetoolongrep lacetheoneonclarifier#3. Thanks, JohnM.Bullard WaterTreatmentPlantManager 200SW6thSt. DelrayBeach,FL33444 5612437319 bullardj@mydelraybeach.com MEMORANDUM TO:Mayor and City Commissioners FROM:CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH:CITY MANAGER DATE:May 9, 2012 SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MAY 15, 2012 WAIVER REQUEST/ SOUTH DELRAY SHOPPING CENTER ITEM BEFORE COMMISSION Consideration of a waiver request for South Delray Shopping Center pursuant to LDR 4.6.9 (D)(4)(d) to allow 22.3’ where a 24’ minimum two-way drive aisle width is required. BACKGROUND Waiver Requests LDR Section 2.4.7(B)(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of p ublic facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. WAIVER TO 24 ’ MINIMUM TWO -WAY DRIVE AISLE WIDTH The applicant has requested a waiver to Land Develo pment Regulation (LDR) Section 4.6.9 (D)(4)(d) to allow 22.3’ of pavement width where a 24’ minim um two-way drive aisle width is required. The following verbatim justification has been provided: "The proposed drive aisle is 22.3' wide. This driveway width meets AASHTO Design Guidelines (Ch. 5 Local Roads and Streets) for lane width requ irements of 10' minimum, 11' preferred for internal circulation in parking lots. Also, since t here is no parking proposed along this area of reduced width, therefore there will be no conflict s created between the proposed loading dock and vehicular traffic. The proposed building expansion must be at least 28.67' in order to accommodate two truck wells as provided on sheet 6 100 of the submitted plans. On the east side of the drive aisle, a 5' landscape buffer is r equired per LDR Section 4.3.4. There is not enough room between the existing buffer and proposed expansion for us to meet this 2 4' requirement." A 22.3’ two-way drive aisle is proposed along the r ear of the property adjacent to the east property line, where the dual truck bay is proposed. The min imum two-way parking lot drive aisle width requirement is twenty-four feet (24’). The interior two-way drive aisle width meets the minimum 24’ requirement elsewhere on the site. The reduced widt h is only needed to accommodate the new anchor store tenant. Due to the preexisting conditions whi ch limit the available space for the proposed loadi ng area improvements, the waiver can be supported. As such, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made, since the requeste d waiver will not diminish the provision of public facilities, result in the grant of a special privil ege, adversely affect neighboring areas, nor will i t create an unsafe situation. REVIEW BY OTHERS The Site Plan Review and Appearance Board reviewed the waiver request at their meeting in conjunction with the Class II Site Plan Modification approval. The Board moved a recommendation of approval of the waiver on a unanimous vote of 4-0.A detailed description and analysis of the development proposal is contained within the attached Site Plan Review and Appearance Board staff report of April 25, 2012. RECOMMENDATION Move approval of the request for a waiver to LDR Se ction 4.6.9 (D)(4)(d) to reduce the minimum two- way drive aisle width from 24’ to 22.3’, where requested, by adopting the findings of fact a nd law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. 1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SOUTH DELRAY SHOPPING CENTER loc ated at 3000-3195 S. Federal Highway 1. This waiver request came before the City Commission on May 15, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the wai ver request for South Delray Shopping Center located at 3000-3195 S. Federal High way. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of p ublic facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on ot her property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(4)(d) Pursuant to LDR Section 4.6.9(D)(4)(d), the minimum r equired two-way drive aisle width is twenty-four feet (24’). The app licant is requesting a waiver to reduce the two-way drive aisle width from 2 4’ to 22.3’ for the drive aisle that is located between the dual truck loadi ng bay and the east property line. Should the waiver be granted? Yes ______ No _______ 3. The City Commission has applied the Comprehensive P lan and LDR requirements in existence at the time the original dev elopment application was 2 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and compete nt substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff r eports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Co mmission approves __ denies ___ the waiver request. 6. Based on the entire record before it, the City C ommission hereby adopts this Order this 15th day of May, 2012, by a vote of ____ in favor and ____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:May 7, 2012 SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MAY 15, 2012 OFFER OF SETTLEMENT IN OF BISESTO V. CITY ITEM BEFORE COMMISSION Settlement offer in the case of Matthew Bisesto, in dividually and as Parent and Natural Guardian of Alexis Bisesto v. City of Delray Beach. BACKGROUND This case arises out of an incident where a five ye ar old girl, Alexis, visited Veterans’ Park Playground on October 20, 2010. Alexis was playing on the monk ey bar rings when she fell, sustaining a fracture t o her elbow and wrist which required surgery. It was asserted that she fell due to a missing ring. It wa s found that two of the monkey bar rings were missing and had been reported missing to Parks Maintenance for approximately six months without re pair. Her medical costs to date are approximately $25,000, with future medical costs listed at $30,50 0. The Plaintiff’s attorney has offered to settle this case for $70,000.00 with both parties bearing their own attorney’s fees and costs. The City’s third party adjuster, Gallagher Bassett also conc urs in this recommendation. RECOMMENDATION Approve the settlement offer subject to the receipt of the appropriate releases. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:May 4, 2012 SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MAY 15, 2012 APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BO ARD ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Site Plan Review & Appearance Board. BACKGROUND There is a vacancy on the Site Plan Review and Appe arance Board due to the resignation of Mr. Nick Sadowsky. The term is unexpired ending August 31, 2 012. Appointment is needed for one (1) regular member. Contingent upon approval of Ordinance No. 15-12, the appointed member shall be allowed to serve the following full regular term without reappointment b ecause the unexpired term is for a period of time less than six months. To qualify for appointment, a person shall either b e a resident of, or own property in the City, and/o r own a business within the City. In addition, the Ci ty Commission shall fill five seats on the Board wi th an architect, landscape architect, realtor/real est ate broker, civil engineer, general contractor, sig n contractor, land planner or interior designer. The remaining two seats shall be at large. The Commissi on shall endeavor to appoint as many disciplines as po ssible to the board. The following individuals have submitted applicatio ns and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered w ith the exception of Mr. Borrero. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term plus the two (2) year term ending August 31, 2014. RECOMMENDATION Recommend an appointment of one (1) regular member to serve on the Site Plan Review & Appearance Board for an unexpired term plus the two (2) year t erm ending August 31, 2014. SITE PLAN REVIEW AND APPEARANCE BOARD 03/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2012 Unexp Appt 10/03/06 Reappt 08/19/08 Reappt 08/17/10 Shane Ames, Chair Designer/Architect 08/31/2012 Unexp Appt 08/16/11 Shannon Dawson Business Owner- Property Management/Realtor 08/31/2013 Unexp Appt 01/03/12 Alice Finst Citizen-at-Large 08/31/2012 Appt 08/17/10 Rustem Kupi Architect 08/31/2013 Appt 08/19/09 Reappt 08/16/11 Scott Porten General Contractor 08/31/2012 Appt 09/07/10 Roger DeCapito Landscape & Design 08/31/2014 Unexp Appt Vacant Contact: Rebecca Truxell X-7040 S/City Clerk/Board 12/SPRAB SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Jose Aguila Architect Alejandro Borrero Architect/Project Director Jason Bregman Self-employed consultant/Landscape Architecture Ronald Brito General Contractor/President Shannon Dawson Real Estate Consultant/Realtor Mark Gregory Sign Specialist-Sales/Consultant Jerome Sanzone Building Official/General Contractor Chris Stray Landscape Architecture & Design/Interior Design Applicants for At Large Seat: David Beale Business Owner/Attorney Aird Cajuste Mental Health Case Manager Mary-Elizabeth Cohn Educator/Consultant Frank Frione Engineering Consultant/CFO Robert Marks Construction Inspector Ria Santos Financial Consultant Thomas Stanley Attorney Andrew Youngross Engineering Consultant MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:May 4, 2012 SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MAY 15, 2012 APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOA RD OF TRUSTEES ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Police & Firefighters Retirement System Board of Trustees. BACKGROUND The term for Mr. Adam Frankel, regular member on th e Police & Firefighters Retirement System Board of Trustees, will expire on June 30, 2012. Mr. Fran kel will have served one (1) full term, is eligible , and would like to be considered for reappointment. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two (2) public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applicatio ns and would like to be considered for appointment: Adam Frankel Incumbent Charles Stravino A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve a two (2) year term end ing June 30, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Police & Firefighters Retirement System Board of Trustees for a two (2) year term en ding June 30, 2014. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES 03/12 (No Term Limits) TERM EXPIRES REGULAR MEMBERS APPT BY Indefinite Appt 01/01/12 Danielle Connor Fire Chief Fire Department Fire Chief Indefinite Anthony Strianese Police Chief Police Department Police Department 04/22/2013 Appt 04/21/11 Alan Kirschenbaum City Commissioners (2 yr term) 04/22/2013 Appt 12/2011 Lieutenant Scot Privitera Police Department Police Dept 06/30/2012 Unexp 05/05/09 Reappt 05/25/10 Adam Frankel, Vice Chair City Commissioners 04/22/2014 Appt 04/10 Reappt 03/12 John Palermo Police Department Police Dept 04/22/2013 Appt 04/99 Reappt 04/01 Reappt 04/03 Reappt 04/05 Reappt 04/07 Reappt 04/09 Reappt 04/11 Lt. Joe Ligouri, Chair Fire Department Fire Dept 04/22/2014 Appt 03/12 Chief Gregory Giaccone Fire Department Fire Dept Doug Smith (sitting member) Mayor Contact: Anne Woods 276-0512 (telephone/fax) 243-4707 delrayp-f@comcast.net Commission Liaison: Commissioner Frankel Asst. City Manager Douglas Smith S/City Clerk/Board 12/Police & Fire Pension Board o f Trustees MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:May 4, 2012 SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF MAY 15, 2012 APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appoint ment to the Green Implementation Advancement Board. BACKGROUND There are vacancies on the Green Implementation Adv ancement Board for two (2) alternate members due to the resignations of Mr. Yalmaz Siddiqui and Ms. Laura Reines. Please note that only one (1) appointment will be made as there is only (1) appli cant at this time. The term is unexpired ending Jul y 31, 2013. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Implementation Advancement Board for the purp ose of making recommendations to the City Commission regarding ways to improve the environmen tal sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizat ions to practice environmental conservation includi ng recycling; proposed means to enhance water and ener gy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be cons idered for implementation in Delray Beach, includin g long-term strategies; and proposed revisions to Cit y ordinances to address Green technologies. The Green Implementation Advancement Board consists of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own pro perty in the City, own a business within the City, or be an officer, director or manager of a business locat ed within the City. The following individual has submitted an applicati on and would like to be considered for appointment as an alternate member: Pamela Grossman Gard ener/Recruiter A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and she is registered. Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one (1) alternate member to serve an unexpired term end ing July 31, 2013. REVIEW BY OTHERS Recommend appointment of one (1) alternate member t o serve on the Green Implementation Advancement Board for a unexpired term ending July 31, 2013. 05/12 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Ana DeMelo, Vice Chair Project Manager/Civil Engineering 07/31/2013 Appt 08/04/09 Reappt 06/21/11 David Hawke Architect 07/31/2012 Unexp Appt 12/06/11 Jeff Conley Architecture/Engineerin g-Principal 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Jayne King, Chair Master Gardener/Educator 07/31/2013 Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt 06/21/11 Stephanie “Chloe” Bedenbaugh Human Resources 07/31/2012 Unexp Appt 06/21/11 Michael Marcus Recycling-Managing Partner 07/31/2013 Unexp Appt 04/21/11 Reappt 07/05/11 Jeff Benavides Sustainability Project Manager ALTERNATE MEMBERS 07/31/2013 Unexp Appt Vacant 07/31/2013 Unexp Appt Vacant S/City Clerk/Board 12/Green Implementation Advancem ent Board CITY REPRESENTATIVE: Richard Reade 243-7009 MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:May 3, 2012 SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF MAY 15, 2012 ORDINANCE NO. 11 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for second read ing to consider a city-initiated amendment to the Land Development Regulations (LDR) Article 7.9, “Do cks, Dolphins, Finger Piers, and Boat Lifts”, by amending Section 7.9.5, “Standards for Approval”, t o clarify current language regarding docks. BACKGROUND At the first reading on May 1, 2012, the Commission passed Ordinance No. 11-12. RECOMMENDATION Recommend approval of Ordinance No. 11-12 on second and final reading. ORDINANCE NO. 11-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 7.9 “DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS” BY AMENDING SECTION 7.9.5, “STANDARDS FOR APPROVAL”, TO UPDATE SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed text amendment at a public hearing held on February 2 7, 2012, and voted 6 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectiv es and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach ado pts 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, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated her ein. Section 2. That Section 7.9.5, “Standards for Approval”, of th e Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.9.5 Standards for Approval : A dock may be permitted subject to the following conditions: (A) A dock, exclusive of dock pilings, shall not pro ject more than five feet into a waterway from the property line or seawall or bulkhead or sea wall cap, whichever is nearest to the waterway . In no case shall the dock extend more than eight feet beyond the property line . A dock projection into a waterway, exclusive of dock pilings, shall be designed by one of the following methods: i. If no existing seawall: Five (5) feet as measured from the wat er’s edge at mean low tide. 2 ORD. NO. 11-12 ii. If existing or proposed seawall without batter piles : Five (5) feet as measured from the face of the seawall. iii. If existing or proposed seawall with or without a se awall cap with batter piles: Seven (7) feet as measured from the face of the seawall. (B) When plot frontage exists along a body of water , only one dock is permitted. The dock shall not extend any closer than ten feet to the pro perty line of adjacent property or the distance established for the side yard setback whichever is greater. (C) At least one ladder extending from the dock surface to two feet below the mean low waterline shall be provided for each dock. Section 2. That should any section or provision of this ordinan ce 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 decl ared to be invalid. Section 3 . That all ordinances or parts of ordinances in conf lict herewith be, and the same are hereby repealed. Section 4 . That this ordinance shall become effective immedi ately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and f inal reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ MEMORANDUM TO:Mayor and City Commissioners FROM:J asmin Allen, Planner Paul Dorling, AICP, Dire ctor Planning and Zoning THROUGH:City Manager DATE:April 25, 2012 SUBJECT:AGENDA ITEM 12.A - REGULAR COMMISSION M EETING OF MAY 1, 2012 ORDINANCE NO. 11 -12 ITEM BEFORE COMMISSION Consideration of a City-initiated amendment to the Land Development Regulations (LDRs) that clarifies the standards for the approval of docks. BACKGROUND Section 7.9.5 pertaining to the standards for approval of docks states “a dock, exclusive of dock pilings, shall not project more than five feet into a waterway from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway”. Under the current requirement docks cannot extend more than eight (8) feet beyond the property line. The strict/verbatim interpretation of the current language would prohibit the construction of docks in those cases where the property line lies in excess of eight feet landward of the wa terway; or when the property line lies within the water channel. The proposed amendment eliminates the use of the “property line” as a basis for measurement and replaces the term “nearest the waterway” with the te rm “water’s edge”. The current requirement for a dock projection of five (5) feet will be maintained in those cases where there are no seawalls or seawalls that do not have batter piles. An additional projection of two (2) feet is proposed to accommodate a dock construction with batter piles. REVIEW BY OTHERS The proposed ordinance was considered by the Pla nning and Zoning Board on February 27, 2012. After significant discussion, the Board tabled the ordinance on a 4 to 0 vote. The Board raised concerns with excluding the seawall cap as a basis for measurem ent and recommended that additional input be sought from the Community Improvement (Building) a nd Engineering Departments. The ordinance was revised to maintain the seawall cap as a basis fo r measurement as well as to extend the projection by two (2) feet for dock construction with batter piles. Page 1of 2 Coversheet 5/3/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5561&Meetin g ID=375 The ordinance was before the Planning and Zoning Board on March 19, 2012 at which time the Board recommended approval on a 6 to1 vote (Gerry Franciosa dissenting). Subsequent, to the Planning and Zoning Board meeting, the City Engineer, recommended that the ordinance language be further modified to read “mea n low tide”, instead of “low tide”. This change is reflected in the ordinance before the City Commission. RECOMMENDATION By motion, approve Ordinance No. 11-12 on First Reading for a City-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Page 2of 2 Coversheet 5/3/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5561&Meetin g ID=375 MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:May 7, 2012 SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF MAY 15, 2012 ORDINANCE NO. 15 -12 ITEM BEFORE COMMISSION The item before the City Commission is approval of Ordinance No. 15-12. BACKGROUND This Ordinance provides that appointments to fill b oard vacancies, where the vacancy is for an unexpired term of six months or less, shall also re sult in the appointment of the person to the next regular full term. This Ordinance, if adopted shall apply to all board appointments made at the May 15 , 2012 Commission meeting and thereafter. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 15-12. ORDINANCE NO. 15-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, “DEPARTMENTS, BOARDS AND COMMISSIONS”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 32.09, “EXPIRATION OF TERMS; COMMENCEMENT OF TERMS” AND SECTION 32.10, “VACANCIES”, TO CLARIFY THAT CERTAIN APPOINTMENTS MADE TO FILL A VACANCY, WHERE THERE IS LESS THAN SIX MONTHS OF THE CURRENT TERM LEFT, WILL ALSO APPLY TO THE FOLLOWING REGULAR TERM, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify its Code of Ordinances to provide that when appointments are made to fill board vacancies, where the r emaining time left on the current term is under 6 months, then the appointment will cover not only the remaining tim e left on the current term but it shall also apply to the following regular term as well. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That Chapter 32, “Departments, Boards and Commissions”, of the Code of Ordinances of the City of Delray Beach is amended by amending Section 32.09, “Expiration of Terms; Commencement of Terms”, to read as follows: Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS. (A) Expiration of Terms. All advisory board, Committee (regular and ad hoc), and task force appointments shall expire as follows: (1) Board of Adjustment, Site Plan Review and Appearance Board, P lanning and Zoning, and Historic Preservation Board memberships shall expire at 12:00 midnight on August 31. Except as set forth in Section 32.10. (2) All other Board, Committee (regular or ad hoc) and task force m emberships shall expire at 12:00 midnight on July 31, except for the Civil Service Bo ard, Code Enforcement Board, Community Redevelopment Agency, Downtown Develop ment Authority, Delray Beach Housing Authority, Police and Fire Pension B oard, and the Public Employees Relations Commission which are governed by Fl orida Statutes or Special Act. Except as set forth in Section 32.10. (B) Commencement of Terms. 2 ORD. NO. 15-12 (1) All appointments to membership on Boards referred to in Section 32.09(a)(1) above shall commence at 12:01 a.m. on September 1. Those referred to in Section 32.09(a)(2) shall commence at 12:01 a.m. on August 1. Section 2 . That Chapter 32, “Departments, Boards and Commissions”, of the Code of Ordinances of the City of Delray Beach is amended by amending Section 32.10, “Vacancies”, to re ad as follows: Sec. 32.10. VACANCIES. Where a vacancy is caused by the resignation or removal of a member prio r to the expiration of his or her term, a member shall be appointed to complete the unexpired term only , unless the unexpired term is for a period of time less than six months. In that event the appointed member shall the n be allowed to serve the following full regular term without reappointment . Section 3 . That should any section or provision of this ordinance or any portion t hereof, 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 par t thereof other than the part declared to be invalid. Section 4 . That all ordinances or parts of ordinances in conflict herewith b e, and the same are hereby repealed. Section 5 . That this ordinance shall become effective immediately upon pa ssage on second and final reading and shall also apply to all appointments made at t he Commission meeting where this was heard during first reading. PASSED AND ADOPTED in regular session on second and final readi ng on this the _____ day of ___________________, 2012. ______________________________________ ATTEST: M A Y O R _______________________________ City Clerk First Reading____________________ Second Reading__________________ MEMORANDUM TO:Mayor and City Commissioners FROM:Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH:City Manager DATE:May 8, 2012 SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF MAY 15, 2012 ORDINANCE NO. 17 -12 ITEM BEFORE COMMISSION Approval of a privately-initiated amendment to the Land Development Regulat ions (LDRs) that will modify the development standards and other regulati ons in the Neighborhood Commercial (NC) District for properties located within the Wallace Drive Ove rlay District. BACKGROUND The proposed amendment is to support development of a neighborhood commercial center at the southeast corner of SW 10th Street and SW 10th Aven ue. On April 17, 2012, the City Commission approved a small-scale Comprehensive Plan amendment, rezoning to Nei ghborhood Commercial and modification of the Wallace Drive Redevelopment Pla n to support the project known as 10th & 10th Center . Under the proposed text amendment, the following ch anges are being made within the Neighborhood Commercial Zoning District: The development standards (lot size, setbacks, etc.) depicted in the Section 4.3.4(K) Development Standards Matrix will be the same as those in the M IC (Mixed Industrial and Commercial) district. The MIC development standards were alread y being applied on the subject property under the previous LI (Light Industrial) zoning in the Wallace Drive Overlay District. The requirement for structures to have a minimum of 4,000 square feet is being eliminated within the Wallace Drive Overlay District. This requiremen t was also eliminated within the previous LI zoning district in the Wallace Drive Overlay Distri ct. The maximum Floor Area Ratio (FAR) on the property is limited to 0.25 within the Wallace Drive Overlay District. This restriction implements the corresponding small-scale comprehensive plan amendment processed for the subject property. The 2,000 square feet maximum floor area devoted to office or similar uses is being eliminated within the Wallace Drive Overlay District. Since of fice uses are still appropriate in the area and would have been permitted under the previous Light Industrial zoning, this restriction is unnecessary. The 10,000 maximum floor area for a single retail o r group of similar uses is being eliminated within the Wallace Drive Overlay District. The prop erty’s location within the Wallace Drive Industrial Area supports the development of a struc ture larger than 10,000 square feet. It is noted, however, that development of the subject property i s still limited by the 0.25 maximum FAR which will permit a maximum of 16,220 square feet. Final action on this text amendment by the City Com mission may not occur until after the small-scale comprehensive plan amendment becomes effective, 31 days after its adoption (May 18, 2012), unless the amendment is challenged. If the Comprehensive P lan Amendment is challenged within 30 days after adoption, final reading on this text amendment will be delayed until the State Land Planning Agency or the Administration Commission, respectively, issues a final order determining that the adopted amendment is in compliance. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its April 16, 2012 meeting. No one from the public spoke on the amendment and the Board made a recommendation of approval on a 4-0 vote. RECOMMENDATION By motion, approve Ordinance No. 17-12 on first rea ding for a privately-initiated amendment to the Land Development Regulations (LDRs) that will modif y the development standards and other regulations in the Neighborhood Commercial (NC) Dis trict for properties located within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report and fin ding that the amendment is consistent with the Comprehen sive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 17-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.11, “NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”, SUBSECTION (F), “DEVELOPMENT STANDARDS”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION (H), “SPECIAL REGULATIONS’, TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed text amendment at a public hearing held on Ap ril 16, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan ; and WHEREAS, the City Commission 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 goals, policies, and objectives of the C omprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated here in. Section 2. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection (F), “Development Standards”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (F) Development Standards: In addition to the developm ent standards set forth in Section 4.3.4, the following shall apply: (1) Maximum site area of two (2) acres 2 ORD. NO. 17-12 (2) Special Landscape Area: Within the first ten feet (10') of the front yard setback area (abutting the property line) full landscap ing shall be provided. Driveways and sidewalks shall be accommodated only when generally perpendicular to th e property line. (3) Any Except in the Wallace Drive Overlay District, as de fined in Section 4.5.8(A), any free-standing structure which accommodates a princip al or conditional use shall have a minimum floor area of 4,000 square feet. (4) Wallace Drive Overlay District Development St andards: Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A ), the Development Standards depicted in the Section 4.3.4(K) Development Standards Matrix, shall be the same as those of the MIC (Mixed Industrial and Commercial) zoning district. Section 3. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection (G), “Supplemental District Regulations”, of the La nd Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as f ollows: (G) Supplemental District Regulations: The In addition to the supplemental district regulations as set forth in Article 4.6, the following shall apply. (1) Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the maximum Floor Area Ratio (FAR) is 0.25. Section 4. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection (H), “Special Regulations”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Regulations: (1) The Except in the Wallace Drive Overlay District, as de fined in Section 4.5.8(A), the maximum area devoted to a single tenant for office o r service uses shall not exceed 2,000 sq. ft. in floor area. Notwithstanding the ab ove, banks or similar financial institutions excluding drive-through bank facilities, may not exce ed 6,000 sq. ft. The intent of these restrictions is to maintain the center at the neighborhood scale. (2) The Except in the Wallace Drive Overlay District, as de fined in Section 4.5.8(A), the maximum floor area which can be allocated to a sing le retail use, or groups of similar (retail, office, services) principal uses, shall not excee d 10,000 square feet. (3) Outdoor storage of any kind is prohibited, except as perm itted herein. (4) 24-Hour or late night businesses as defined her ein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV). 3 ORD. NO. 17-12 Section 5. That should any section or provision of this ordinan ce or any portion thereof, any paragraph, sentence, or word be declared by a cour t of competent jurisdiction to be invalid, such decision shall not affect the validity of the re mainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in confli ct herewith be, and the same are hereby repealed. Section 7 . That this ordinance shall become effective immediat ely upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 16, 2012 AGENDA NO: V.A AGENDA ITEM: CONSIDERATION OF A PRIVATELY -INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.11, “NC (NEIGHBORHOOD COMMERCIAL) DISTRICT”, SUBSECTI ON 4.4.11(F), “DEVELOPMENT STANDARDS”, SUBSECTION 4.4.11(G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION 4.4.11(H), “SPECIAL REGULATIONS”, TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT . ITEM BEFORE THE BOARD T he item before the Board is to make a recommendation to the City Commission regarding a privately -initiated amendment to Land Development Regulations (LDRs) that will modify the development standards and other regulations in the Neighborhood Commercial (NC ) District for properties located with in the Wallace Drive Overlay District . Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKG ROUND/ANALYSIS The Wallace Drive Redevelopment Plan, approved in 2004, called for the area between Wallace Drive and SW 9th Avenue to be rezoned from R -1 -A (Single Family Residential) to LI (Light Industrial). There are 36 parcels in this area with an ave rage size of 10,307 square feet. Given its location, the (LI) Light Industrial zoning district was chosen as the most appropriate designation for the area in terms of permitted uses. This district allows uses compatible with those on the adjacent MIC (Mixe d Industrial & Commercial) zoned properties to the west and serves as a transition zone between the more intense MIC zone and adjacent residential development to the east. Although the Redevelopment Plan encourages the aggregation of parcels, accommodati ons were necessary to allow development on smaller parcels where aggregation would not be possible. Of the 36 parcels rezoned to LI (Light Industrial), only 3 parcels meet the minimum lot size requirement of 20,000 square feet and only 6 meet the 100’ fron tage requirement. To address this issue, t he Redevelopment Plan called for the creation of t he Wallace Drive Overlay District with modified development standards to reduce the minimum development area, lot size, lot dimensions and tenant space requirements . These modifications were a dopted by the City Commission on February 3, 2004. The proposed amendment is to support development of a neighborhood commercial center at the southeast corner of SW 10 th Street and SW 10 th Avenue. The applicant is currently pr ocessing a small -scale Comprehensive Plan amendment , rezoning to Neighborhood Commercial and modification of the Wallace Drive Redevelopment Plan to support the project, known as 10 th & 10 th Center . The Planning and Zoning Board unanimously recommended app roval of th ose actions at its meeting of March 19, 2012. Planning and Zoning Board Meeting, April 16, 2012 LDR Text Amendment - Neighborhood Commercial District in Wallace Drive O verlay District 2 Under the proposed text amendment, the following changes are being made within the Neighborhood Commercial Zoning District : The d evelopment s tandards (lot size, setbacks, etc.) depicted in the Secti on 4.3.4(K) Development Standards Matrix will be the same as those in the MIC (Mixed Industrial and Commercial) district. The MIC development standards are already being appl ied on the subject property within the LI (Light Industrial) zoning district in th e Wallace Drive Overlay District. The requirement for structures to have a minimum of 4,000 square feet is being eliminated within the Wallace Drive Overlay District . This requirement was also eliminated within the existing LI zoning district in the Walla ce Drive Overlay District. T he maximum Floor Area Ratio (FAR) on the property is limited to 0.25 within the Wallace Drive Overlay District . This restriction implement s the corresponding small -scale comprehensive plan amendment processed for the subject pr operty . The 2,000 square feet maximum floor area devoted to office or similar uses is being eliminated within the Wallace Drive Overlay District . S ince office uses are still appropriate in the area and would have been permitted under the existing Light In dustrial zoning , this restriction is unnecessary. The 10,000 maximum floor area for a single retail or group of similar uses is being eliminated within the Wallace Drive Overlay District . The property’s location within the Wallace Drive Industrial Area su pports the development of a structure larger than 10,000 square feet. It is noted, h owever, that development of the subject property is still limited by the 0.25 maximum FAR which will permit a maximum of 16,220 square feet. To accommodate the applicant’s desire to expedite the process , the proposed text amendment is coming before the Planning and Zoning Board prior to final action by the City Commission on the proposed small -scale comprehensive plan amendment and rezoning , which is scheduled for April 17 , 2012 . Final action on this text amendment by the City Commission will not occur until after the 31 day mandatory appeal period for the comprehensive plan amendment. If the rezoning of the subject property from LI (Light Industrial) to NC (Neighborhood Co mmercial) is ultimately denied by the City Commission, this text amendment will be withdrawn. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there were no specific sections of the Comprehensive Plan to support the proposed amendment, it is not inconsistent with the Comprehensive Plan. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Planning and Zoning Board Meeting, April 16, 2012 LDR Text Amendment - Neighborhood Commercial District in Wallace Drive O verlay District 3 Delray Citizens’ Coalition) Delray Beach Heights Southridge Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will modify the regulations in the NC zoning district for properties within th e Wallace Drive Overlay District. Although st aff does not support the proposed Neighborhood Commercial Zoning on the subject property , based on a loss of light Industrial zoning in the City , that is a separate issue . G iven the Planning and Zoning Board’s recom mendation of approval for the rezoning, it is appropriate for the Board to recommend approval of this text amendment to support the rezoning. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, a nd is not inconsistent with them. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of an amendment to Land Develop ment Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations f or properties within the Wallace Drive Overlay District , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set f orth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of an amendment to Land Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District , by adopting the findings of fact and law contained in the staff report, and fin ding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of an amendment to Land Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment:  Proposed Text Amendments