08-28-07 Agenda Spec/WSDELRAY BEACH ,,r,~
CITY COMMISSION ~~-~ ~~~~
CITY OF DELRAY BEACH, FLORIDA
SPECIAL/WORKSHOP -TUESDAY, AUGUST 28, 2007
6:00 P.M. COMMISSION CHAMBERS 1993
2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal 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 program or activity in order
for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in
the Commission Chambers.
SPECIAL MEETINGAGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Rita Ellis has instructed me to
announce a Special Meeting of the City Commission to be held for the following purposes:
1. AGREEMENT CANCELLATION/BOCA RATON EDUCATIONAL .TELEVISION,
INC.: Consider approval to send a notice of cancellation to Boca Raton Educational Television,
Inc. for community access programming on government access cable.
2. AGREEMENT CANCELLATION/ALEXSANDER GROUP, INC.: Consider approval to
send a notice of cancellation to the Alexsander Group, Inc. for state lobbying services.
WORKSHOPAGENDA
1. Discussion regarding the Special Events Policy and Procedures
2. Discussion regarding establishment of a Budget Task Force
3. Proposed Reclaimed Water Ordinance
4. Public Comments/FY 2008 Proposed Budget
5. Discussion regarding proposed budget for FY 2008 for the following departments:
• Administrative Services including Golf Courses
• Planning and Zoning including Beach Renourshiment Fund
• Community Improvement including Sanitation Fund
• Environmental Services including Public Works, Water and Sewer Fund, Stormwater Utility Fund,
City Garage Fund
• Parks and Recreation including Beautification Trust Fund and Marina Fund
• Grants and Aids
6. Commission Comments
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY
THROUGH: CITY ATTORNEY
DATE: AUGUST 23, 2007
SUBJECT: AGENDA ITEM #SP ~-.SP_ ECIAL MEETING OF AUGUST 28, 2007
BOCA RATON EDUCATIONAL TELEVISION LETTER OF
TERMINATION
ITEM BEFORE COMMISSION
Attached please find a proposed letter of termination regarding the agreement between the City and
Boca Raton Educational Television (BRET) to be effective as of January 28, 2008.
BACKGROUND
The City and BRET entered into an agreement on September 12, 2005, with an effective date of
October 1, 2005, fora 5 year term. Under the terms of the Agreement, BRET would provide
produce, manage, promote, operate and distribute community programming over Adelphia (now
Comcast) channels to City residents who aze subscribers of Comcast. Paragraph 12(A)(4) of the
Agreement provides that the City may terminate the Agreement upon 120 days notice after the
second year of the Agreement. The proposed date of termination, January 28, 2008, is 120 days
after October 1, 2007.
If BRET is not able to continue to provide services to the City, it is possible that an eazlier
termination could be arranged.
RECOMMENDATION
Direct staff to send the letter of termination.
DRAFT
DATE
Boca Raton Educational Television, Inc.
1515 North Federal Highway
Suite 410
Boca Raton, FL 33432
Re: Termination of Agreement
Dear SirnlAadam:
This letter is to inform you of the City of Delray Beach's decision to tem~inate the
Agreemen# between the City and BRET dated September 12, 2005. Pursuant to
Section 12(Aj(4) of the Agreement, the termination shall be effective January 28,
2008.
Sincerely,
CITY OF DELRAY BEACH, FLORIDA
By:
David T. Harden
City Manager
AGREEMENT
This Agreement is made this ~~ day of , 2405 , by and between the City of
Delray Beach, Florida, a municipal corporation ("City"), and Boca Raton Educational
Television, Inc. ("BRET"), a nonprofit corporation, which agree as follows:
RECITALS
1. The City desires to provide support for the use of cable television Access Channels
provided pursuant to federal law, which shall be channels which carry programming
and services for community purposes in the City of Deh~ay Beach, but which are not
available for use by the general public.
2. The City has granted a franchise for cable television systems operated by Adelphia
Cable Communications Corp. ("Franchisee's in the City.
3. The current franchise agreements with the Franchisee provide that certain channel
capacity will be provided for Access Channels.
4. The City has determined that it will provide support for Community Access.
5. As set forth in BRET's Mission Statement: The mission of BRET is to promote,
develop, and deliver appropriate programming and services; and to perform such
other related activities as shall be reasonably necessary to promote, manage, produce,
operate and distribute community programming on or over the access channels
available to City residents who are subscribers to the local cable television system(s).
6. BRET has indicated its interest in providing Community Access programming and
services to the City.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. In exchange for good and valuable consideration
provided by the City to BRET pursuant to this Agreement, BRET shall provide the
following services:
A. OPERATE THE COMMUNITY ACCESS CHANNEL. Operate the Community
Access Channel in order to administer, coordinate and cablecast programming
submitted by such institutions and organizations that BRET accepts for
cablecasting; and cablecast programming produced or acquired by BRET. All
programming will be non commercial, non political and non religious.
B. COMPLL4NCE WIT1Y LAWS RULES, AND REGULATIONS. Administer the
Community Access Channel and facilities in compliance with: (i) applicable
laws, rules and regulations; (ii) this Agreement; (iii) the Resolution; and (iv) the
franchise agreement between the City and the Franchisee.
C. TRAINING. Train City residents and, when requested, City and school
employees and representatives of organizations serving residents in the City of
Delray Beach in the techniques of video production, and provide technical
advice in the execution of productions. A class fee will be implemented in
accordance with BRET's fee schedule.
D. PLAYBACK/CABLECAST. Provide for the playback/cablecasting of programs
on the Community Access Channel. BRET shall provide programming far
playback/cabiecasting on the Community Access Channel. The programming
provided by BRET shall be different from and in addition to any programming
cablecast by the City.
E. PROGRAM DEVELOPMENT AND ACQUISITION. In exchange for monetary
considerations, BRET agrees to_
1. Activate its signal in the City of Delray Beach.
2. Provide to the City all the programming that is now and will be an Channel
98 from BRET's inventory of programming (BRET not only will produce
local programs for this service, but procures programming from national
sources such as NASA, Health networks and educational venues that are
received by satellite. These are costs that are rolled into our sharing those
programs for Delray Beach).
3. Serve the City as its production facility to produce one (1) half-hour
program per month with the working title: Delray Beach Diary. This is a
magazine format show with three or four topics in the public interest
presented each and every month. Each one-half hour produced will be
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repeated at least six times in a given month. There will be a new show
produced each month.
4. Allow the City of Delray Beach access to BRET's public service
announcement inventory. The City can provide unlimited public service
announcements on Channe198.
5. Provide access to the City of Delray Beach, to their text messaging system
that appears as a horizontal crawl at the lower portion of the screen into
which the City will provide local information, news, notices and instant
emergency information.
6. Provide additional programming outside the scope referred to in
subparagraphs E. 1, 2, 3, 4, and 5 subject to BRET's rate card, which is
attached as Exhibit "A".
7. Allow any civic, non-profit or educational entity that cares to produce
programs for Channe198 (within the City of Delray Beach) to provide their
programming, subject to quality standards. Such entities will bear the
expense of the production and/or acquire asponsor-patron. BRET does not
chazge for "air time".
SECTION 2. INDEMNIFICATION. BRET shall indemnify, defend, and hold harmless
the City, its elected officials, officers, agents, employees, and volunteers .from and against
any and all claims, suits, actions, causes of action, losses, damages, or liabilities of any
. kind, nature or description, including payment of litigation costs and attorneys' fees,
brought by any person or persons for or on account of any loss, damage or injury to person,
property or any other interest, tangible or intangible, sustained by or accruing to any
person or persons, however caused, directly or indirectly arising or resulting from any
alleged acts or omissions of BRET, its officers, employees, agents or subcontractors
arising out of or resulting from the performance of this Agreement.
BRET shall further indemnify, defend, and hold harmless the City, its elected officials,
officers, agents, employees and volunteers from and against any and all claims or other
injury, including costs of litigation and attorneys' fees, arising from or in connection with
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claims or loss or damage to person or property arising out of the failure to comply with any
applicable laws, rules, regulations or other requirements of local, state or federal
authorities, for claims of libel, slander, invasions of privacy, or infringement of common
law or statutory copyright, for breach of contract or other injury or damage in law or at
equity which claims, directly or indirectly, result from BRET use of channels, funds,
equipment, facilities or staff granted under this Agreement or the franchise agreement.
SECTION 3. DISTRIBUTION RIGHTS.
A. BRET shall require that all programs produced with funds, equipment,
facilities, or staff granted under this Agreement shall be distributed on the
channel use of which is authorized by this Agreement. This subparagraph shall
not be interpreted to restrict other distribution {beyond distribution on the
channel authorized by this Agreement}, so long as such other distribution is
consistent with any pertinent policies and procedures established in BRET's
operating policies and procedures, and shall not restrict the City's use or
distribution of programming that the City produces. Programming may be
restricted to the Dekay Beach viewing area if BRET or the City feels that it is
not appropriate for full distribution on BRET
B. At least at the beginning and end of each day that video programming is
cablecast on the Educational Access Channel which use is authorized by this
Agreement, BRET shall display a credit stating: "Support for the operation of
this channel is provided by the City of Dekay Beach." Such credit shall also
state that opinions expressed in cablecast programs are the sole responsibility of
BRET or of the program producers.
SECTION 5. INSURANCE. BRET shall maintain in full force and effect at all times
during the term of this Agreement insurance as required by this Section, to the extent such
insurance is commercially available: The cost of such insurance shall be borne by BRET
and may be included in BRET's annual budget.
A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability
insurance, including protective, completed operations and broad form
contractual liability, property damage and personal injury coverage, and
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comprehensive automobile liability including owned, hired, and non-owned
automobile coverage. The limits of such coverage shall be: (1) bodily injury
including death -- $1,000,000 for each person, each occurrence and aggregate;
{2) property damage -- $1,a00,0oo for each occurrence and aggregate.
B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment
and facilities, including fixtures, funded in whole or in part under this
Agreement at replacement cost. The insurance shall include, at a minimum,
insurance against loss or damage beyond the user's control, theft, fire or natural
catastrophe.
C. WORKERS' COMPENSATION. Full Workers' Compensation insurance and
Employer's Liability with limits as required by Florida law
D. CABLECASTER `S ERRORS AND OMISSION INSURANCE. Insurance shall be
maintained to cover the content of productions which aze cablecast on the
channel managed by BRET in, at minimum, the following azeas: libel and
slander; copyright or trademark infringement; infliction of emotional distress;
invasion of privacy, plagiarism; misuse of musical or literary materials. The
policy shall not be required to cover individual access programmers.
E. CITY AS CO-INSURED OR ADDITIONAL INSURED. The City shall be
named as co-insured or additional insured on all aforementioned insurance
coverage. All policies shall provide that no cancellation, major change in
coverage or expiration may be effected by the insurance company or BRET
without first giving the City at least 30 days written notice prior to the effective
date of such cancellation or change in coverage.
F. NOTIFICATION OF COVERAGE. BRET shall file with the City proof of
insurance coverage in a form acceptable to the City Manager.
G. LIMITS OF COVERAGE. Notwithstanding any of the above, all insurance
coverage required by this Agreement shall at all times be provided at a level
and with limits acceptable to the City Manager: At such time as the City
Manager determines that higher minimum liability or other insurance coverage
is required for other entities providing services to the City that maintain
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insurance in the manner required herein, BRET will provide the higher
minimum insurance coverage required by the City. The City Manager will
provide BRET with a minimum of 60 days notice prior to the effective date of
the increased coverage requirement.
SECTION 7. INDEPENDENT CONTRACTOR. It is understood and agreed that BRET
is an independent contractor and that no relationship of principal/agent or
employer/employee exists between the City and BRET. If in the performance of this
Agreement BRET employs any third persons, such persons shall be entirely and
exclusively under the control, direction and supervision of BRET. All terms of
employment, including hours, wages, working conditions, discipline, hiring and
discharging or any other term of employment shall be determined by BRET, and the City
shall have no right or authority over such persons or terms of employment.
SECTION 8. RECORDS.
A. BRET shall maintain all necessary books and records, in accordance with
generally accepted accounting principles.
B. Upon reasonable request from the City, BRET shall, at any time during
normal business hours, make available all of its recards with respect to all
matters covered by this Agreement.
C. BRET shall comply with the applicable requirements the Florida Puhlic
Records Law and make its records available in accordance with such law.
SECTION 9. FUNDING AND OTHER RESOURCES. The City agrees to make the
following funds and resources available to BRET:
A. The Franchisee has dedicated specific channel capacity (spectrum on the
cable systems) for Community Access use. The City agrees to permit
BRET to manage that channel capacity for Community Access
programming purposes. This Agreement provides for the assignment of no
more than one channel.
B. Funding for Community Access Programming.
1. Effective with the calendaz yeaz beginning October 1, 2005, The City shall
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pay BRET $3b,000 annually for the Services provide by BRET. The City shall
make quarterly payments to BRET, Those payments shall be made on or before
January 15, April 15, July 15 and .October 15 of each calendaz year. The first
quarterly payment under this agreement shall be made upon execution of the
Agreement: ;provided however the first one-half hour program shall air no later
than January 15, 2006.
2. The City agrees to consider requests by BRET for additional funding, but
shall not be obligated by this Agreement to provide funds beyond those
provided in subsection 1 above.
C. Other Support by the City.
l . The City shall make available to BRET at least 50% of all advertising and
promotion time made available by the Franchisees for the promotion of
Access Channels and programming.
2. BRET shall provide to the City information promoting BRET to be included
in the City's regulaz newsletter mailings to its residents in turn BRET will
promote the City of Delray Beach indicating that it serves Boca Raton and
Delray Beach, providing for a showing of a picture of the City to be shown
in its promotion.
SECTION 10. FUNDING FROM OTHER SOURCES. BRET may, during the course of
this Agreement, receive supplemental funds from other sources, including, but not limited
to, fundraising activities. BRET may, in its discretion, grant nanung rights for facilities
utilized by BRET in exchange for such funding; provided that naming rights shall not be
allowed for City of Delray Beach facilities, unless approved by the City and upon terms
acceptable to the City.
SECTION 11. TERM OF AGREEMENT.
A. The initial term of this Agreement shall be for a period of five years
commencing on October 1, 2005, and ending on September 30, 2010 unless
terminated eazlier, as provided in this Agreement.
B. The term of this agreement may be extended by mutual consent of the
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parties
SECTION 12. TERMINATION OF AGREEMENT
A. The City shall have the right upon written notice to BRET, as provided
herein, to terminate this Agreement for any of the following reasons:
1. Breach of any material provision of this Agreement by BRET (for
purposes of this Agreement, cablecasting by BRET of programming
not consistent with its Mission Statement shall constitute a significant
breach).
2. Failure to perform any obligation required by this agreement.
3. Loss oftax-exempt status by BRET.
4. For convenience, with or without cause upon the City's delivery of
written notice one hundred and twenty (120} days in advance of the
effective date of the termination anytime after the second year of this
agreement.
B. BRET may avoid termination by curing any such breach to the satisfaction
of the City under the following conditions:
1. Cablecasting by BRET of programming not consistent with its
Mission Statement, .the terms and conditions of this agreement, and
BRET's approved policies and procedures shall be deemed a
significant breach and major event of default, and the City may
terminate this Agreement upon 45 days final notice to BRET,
subject to the notice and review procedures provided in Section
12.B.2 of this Agreement. The City may agree to consider a specific
programming breach as curable. Such determination that a specific
progranuning breach is considered curable shall be applicable only
to that specific breach and shall not bind the City to consider any
future programming breaches as curable.
2. The City Manager shall notify BRET, in writing, of any breach of
any provision of this Agreement, other than a major event of default
as specified in Section 12.B.1. The notice shall specify the alleged
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breach(es) with reasonable particularity. BRET shall either (i) cure
such alleged breach(es) within 45 days after the date of the notice of
default (or such longer period as the City Manager, in its reasonable
discretion may set forth in the notice of default); or (ii) in a written
response submitted to the City Manager within 45 days after the date
of the notice of default, present facts and azguments in refutation or
excuse of such alleged failure. If, after BRET makes a response to
the City Manager, the City Manager determines that a breach under
this Agreement has occurred, BRET shall cure such breach within
the balance of the time period specified by the City Manager or as
maybe agreed upon by the parties as circumstances may warrant.
3. If BRET fails timely to cure the breach, an event of default will be
deemed to have occurred. In the event that BRET disagrees with the
determination of the City Manager that an event of default has
occurred, BRET may petition the City Council for a review of the
decision of the City Manager. The decision of the City Council
shall be final.
4. Upon an event of default that is not timely cured, the City may:
a. terminate this Agreement.
b. Accelerate the expiration of the term of the Agreement by
decreasing the remaining term, provided that the remaining
term of the Agreement as accelerated pursuant to this
Section shall not be less than six (6} months;
c. Restrain, by injunction, the default or reasonably anticipated
. event of default by Company of any provision of this
Agreement;
d. Invoke any other available remedy that would be permitted
by law or in equity.
5. The City shall give BRET 45 days notice in writing when it
determines to pursue one or more remedies, but nothing herein shall
prevent the City from electing more than one remedy,
simultaneously, or consecutively, for any default.
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A. The City may also terminate this Agreement at the expiration of its term, or any
extension or renewal thereof.
B. The City may also terminate this Agreement in the event that Access Channel
Capacity is no longer provided through applicable Franchise Agreements.
SECTION 18. TIME. Time is of the essence in this Agreement and for the performance
of all obligations under this Agreement.
SECTION 19. COOPERATION. Each party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 20. APPLICABLE LAW. This Agreement shall be interpreted and enforced
under the laws of the State of Florida.
SECTION Z1. REMEDIES. BRET expressly acknowledges and agrees that its only
remedy under any circumstances involving a dispute as to the interpretation of this
agreement or BRET's performance or non-performance under this agreement is the
procedure provided in Section 17 of this Agreement, and that the City Council shall be the
final arbiter as to the interpretation of this Agreement or performance or non-performance
under this Agreement.
SECTION 22. NOTICES. All notices and other communications to be given by either
party may be given in writing, depositing the same in the United States mail, postage
prepaid and addressed to the appropriate party as follows:
To the City of Delray Beach:
To BRET:
City Manager
City of Delray Beach
100 NW lst Ave
Delray Beach, FL 33444
Boca Raton Educational Television, Inc.
1515 North Federal Highway
Suite 410
Boca Raton, FL 33432
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A.ny party may change its address for notice by written notice to the other party at any
time. Notices may be also delivered by facsimile or electronic mail. The party providing
notice shall be responsible for verifying delivery of the notice in whatever form notice is
transmitted.
SECTION 23. ENTIRE AGREEMENT. This Agreement is the entire agreement of the
parties and supersedes all prior negotiations and agreements whether written or oral. This
Agreement maybe amended only by written agreement approved by the City Council after
a noticed public hearing, and no purported oral amendment to this Agreement shall be
valid.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
CITY OF DELRAY BEACH
By:
Atte
Date:
Approved as to form
G c ~"~ G~~7`•
~~
BOCA BATON EDUCATIONAL TELEVISION, INC.,
a nonprofit corporation
By:
Title: ~~~-
Date:
STATE OF ~ ~ faA
COUNTY OF ~i4~L1Y1 I ~1C!`~
The foregoing instrument was acknowledged before me this I't' ~ `day of
204s, by ~ 5f~'~ W,~ELC' fF~E L , as
~5 (name of officer or agent, title of officer or agent}, of
R ~ T (name of corporation acknowledging), a
(Zp (j / Q A {stat~a~P~corporation) corporation, on behalf of the
corporation. H he ~ personally known to me or has produced
(type of identificati as identification.
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Sign of N Public -State of
Florida
,p~'~ LYNN 1. PAVIA
MY COMMISSION # DD09977t
'?~'~w~ EXPIRES: March 13.20D6
ARY fL SoYloe 69alAnp, IrK,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
THROUGH: DAVID HARDEN, CITY MANGER
FROM: DOUGLAS SMITH, ASSISTANT CITY MANAGER
DATE: AUGUST 22, 2007
SUBJECT: AGENDA ITEM #~ ~ ~ • -SPECIAL MEETING OF AUGUST 28, 2
CONSIDER CANCELLATION OF AGREEMENT WITH THE
ALEXSANDER GROUP. INC. FOR STATE LOBBYING SERVICES
ITEM BEFORE COMMISSION
City Commission is requested to approve sending athirty-day notice of cancellation to the
Alexsander Group, Inc. ending their state lobbying services for the City.
BACKGROUND
On February 15, 2005, the City Commission approved an initial agreement with the Alexsander
Group, Inc. fvr state lobbying services for the period of March 1 to May 30, 2005 (with the potential
to continue the agreement on a month to month basis). On July 5, 2005, the City Commission
approved a second agreement with the Alexsander Group (copy attached) for the period of August 1
to December 31, 2005 (with the potential to continue the agreement on a month to month basis}.
At the August 21, 2007 Commission meeting, the City Commission discussed not budgeting funds
for the Alexsander Group for next fiscal year. If funds will not be budgeted for next fiscal year, a
cancellation letter should be sent soon in order to end the contract prior to September 30, 2007.
RECOMMENDATION
Staff recommends Commission approval to send athirty-day notice of cancellation to the
Alexsander Group Inc.
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CONSULTING AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH
AND THE ALEKSANDER GROUP, INC.
THIS AGREEMENT is made this "''day of , 2005 by and
between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter
referred to as "City"}, and THE ALEKSANDER GROUP, INC. (hereinafter referred to
together as "Consultant"}.
WITNESSETH:
WHEREAS, the City and Consultant are crommitted to the advancement of the
City's interests before the State Legislature; and
WHEREAS, the City and Consultant are desirous to enter into a consulting
agreement wherein Consultant will provide professional governmental consulting
services, represent the City's interests before the State Legislature, and advise the Cfty
of important legislative issues concerning the City of Delray Beach.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. Recitations. The recitations set forth above are incorporated as if fully
set forth herein.
2. Performance. The Consultant shall perform all services with the highest
level of professional skill and competence and shall complete all services in an efficient
and timely manner.
3. Duties. Consultant's duties are as follows:
(a) Consultant shall provide consulting services which shall include,
but not be limited to the following tasks:
1. Represent the City before the Legislative and Executive
Branches of the State of Florida regarding matters related to
funding and regulatory issues.
2. Advise the City of all important issues before the Legislative
and Executive Branches of the State of Florida concerning
the City of Delray Beach.
3. Provide the City with copies of relevant articles, analyses
and governmental announcements.
4. Tom. This Agreement shall commence on August 1, 2005 and shall
expire December 31, 2005. This Agreement may be terminated by either party with
thirty (30) days advanced written notice. Upon expiration of this Agreement, the City
has the option to renew the Agreement on a month to month basis with advanced
written notice.
5. Comaensation. During the term of this Agreement, the Consultant shat!
be paid a retainer of twenty five thousand dollars ($25,000.00), payable as five
thousand dollars ($5,000.00) per month until December 31, 2005. The Consultant will
send an invoice to the City on the fret day of each month and the City shall remit
payment to Consultant within thirty (30) days of receipt of the invoice. The City shall
also pay all of Consultant's pre-approved costs directly attributable to the performance
of the consulting services provided in this Agreement, including but not limited to:
travel, entertainment, and all other expenses incurred on the City's behalf. All
additional pre-approved costs shall be submitted to the City by Consultant along with
the monthly consulting retainer fee invoice.
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6. Relationshia of the Parties. The parties intend that the Consultant,
performing services specked in this Agreement, shall act as an independent contractor
and shall not be deemed an agent, legal representative, joint venturer, partner,
employee or servant of the City for any purpose. Consultant shall have sole control of
the work and the manner which it is performed. Consultant shall be free to contract for
similar services to be performed for other entities or persons while under contract with
the City. Consultant is not entitled to participate in any pension plans or other benefits
provided by the City.
7. Comaliance with Law. Consultant shall comply with all applicable laws,
rules and regulations, including, but not limited to applicable worker's compensation,
employer liabi{ity, Fair Labor Standards Act, and other federal, state, county and
municipal laws, ordinances, rules and regulations, as may be applicable. City shall
complete all forms necessary for compliance with lobbyist registration and gift or
expenditure disclosure requirements under Florida law that may arise as a result of
Consultant's representation of the City during the term of this contract or after its
termination should reporting periods overlap.
8. Taxes. Consultant shall be responsible for ap federal, state or local taxes
bf any kind which Consultant now or hereafter shall be liable for or required to pay
ether on its own behalf, on behalf of his employees, or on behalf of the City or
otherwise, and shall pay ail penalties and interest thereon.
9. Assignment. An assignment of the duties to be provided under this
Agreement shall require the prior written consent of the City.
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10. Indemnifcation. Consultant shalt indemnify, defend and save the City,
its officers, employees and agents harmless from any and ail taxes, penalties and
interest, that is claimed to be due, and claims, liability, and causes of action arising out
of the willful, intentional or negligent performance of the duties covered by this
Agreement by Consultant or his officers, agents or employees, and Consultant shall
pay all claims and losses in connection with the performance of this contract, including
taxes, interest and penalties including, but not limi#ed to, all costs, judgments and
attorney's fees at the trial or appellate levels.
11. Notices. All notices shall be effect'rye when mailed at the following
addresses:
The Aleksander Group, inc.: Sebastian Aleksander
301 Clematis Street, Suite 3000
West Palrn Beach, Fi_ 33401
City of Delray Beach: .fell Perlman, Mayor
100 N.W. 1~ Avenue
Delray Beach, FL 33444
12. Governins~ Law; Venue. This Agreement shall be governed by the laws
of the State of Florida and venue shall be in Palm Beach County, Florida
13. Non-0iscNmination. Consultant shall not discriminate on the basis of
age, religion, race, sex, marital status or handicap in the performance of this
Agreement.
14. Non-Exclusive. The provision of the services provided for herein is non-
exclusive. The City may retain additional entities or persons to perform the same or
similar work, if in its sole discretion the City desires to do so.
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15. Entire Agreement; Modifications. This Agreemen# constitutes the entire
agreement between the parties, and supersedes alt previous discussions or previous
writings between the partied. No waiver, alteration, or mod cation of any of the
provisions of this agreement sha11 be binding unless in writing and duty executed by the
parties.
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1 ~
IN WITNESS WHEREOF, the parties have heretofore set their hands and seals
on the day and year first above written.
ATTEST: _
1 ~~
City Clerk
Approved as to Form:
.~
1~---
Pity Attorney ~ g ~~
Witnesses:
Print Name: L ~ h~~
Print Name:
STATE OF FLORIDA
COUNTY OF`~-~c~~m --.
CITY
By:
THE ALEKSAN OUP, INC.
,.-
By:
Sebastian Afeksander, President
The foregoing instrument was acknowledged before me this ~ day of
~, v~, , 2005 by ~ ' ~e ~~~.~ {name of officer or agent,
tige o officer or agent) 0€`1'~a_~~~l~Md~v C~c~~r~... (name of corporation
acknowledging), a '~~~.. (state or place of incorporation) corporation, on
~~ Dbehalf of the corporation. He/ or ha~produs~d.
-~~Ac~5 =1~-`1`1-Lib3ro (type of identification) as identification.
~~ti~"~.
Notary Public -State of Florida
CMOINN M. Kuon~owNd
• • My Ccmni~MOn OD~t 1~
E~~IrMAph ~. ~
f7
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: 1~ ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
THROUGH: DAVID T. HARDEN, CITY MANAGER
DATE: AUGUST 22, 2007
SUBJECT: AGENDA ITEM # yy'•~.-COMMISSION WORKSHOP AUGUST 28, 2007
DISCUSSION/DIRECTION CHANGES TO SPECIAL EVENT POLICIES
AND PROCEDURES
ITEM BEFORE COMMISSION
City Commission is requested to review and provide staff direction on proposed changes to the
Special Event Policies and Procedures.
BACKGROUND
Attached is a copy of the proposed changes to the Special Event Policies and Procedures. Input on
the proposed changes was received from City Staff, the Creative City Collaborative, the Downtown
Marketing Cooperative and other suggestions received.
Major changes other than format and language changes include:
1. Establishment of maximum submittal date and increases to minimum submittal dates.
2. Changes to restrictions on number of and type of events (page 2, D and E).
3. Event staffing which allows their agreement use of volunteers and private contractors to man
certain tasks.
4. Changes to event charges for privately sponsored events and non profit/charitable sponsors,
as well as specifying charges for Old School Square and DMC sponsored events.
• OSS &DMC - 35% (DMC now pays 20%, OSS depends on event and needs)
• Private Sponsored Events - 100%
• Minor Events - 50%
• Other Events - 65% after discount of first $1,000 of City costs
5. Requirement that new events and events sponsored by groups located outside the City pay
100% of costs.
6. Increase in permit processing fees.
7. New section on Parking Lot Use and Paid Parking, Section VI.
8. Change word "sponsor" to "producer" and added definition.
Also, attached is a chart showing the increased revenue that the City would receive based on the
recommended changes to event charges.
RECOMMENDATION
Staff recommends consideration of the proposed changes to the Special Event Polices and
Procedures.
U:\wwdatalAgenda\Agenda Item Direction Changes to Special Event Policy.doc
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2
SPECIAL EVENTS
POLICIES & PROCEDURES
I. Definitions
Special Event - A special event is anon-routine happening or social activity
bringing a large number of people together in a defined area on City facilities,
right of way, or private property which requires City services to ensure safety and
coordination. Special events include activities such as festivals, concerts, sporting
events, parades, walks and runs, etc. This definition does not apply to events held
at the Tennis Center, which require a separate contract.
B~ Producer - An organization that is responsible for all aspects of an event or
performance (advertising marketing talent costs insurance hold harmless
agreement etc) and is responsible for all revenue and expenses for that event.
C~ Sponsor - A business organization a~ency or individual who gives cash or in-
kind product or service to support a producer of an event or production by
agreement for the benefit of that agency business, organization or person.
II. Types of Events
AZ Maior Event - An event of one or more day duration with a cost of over ~A;9A8
$12,000 for City services, staff overtime and equipment use.
BZ Intermediate Event - An event of one or more day duration with a cost of
between $1,000 and ~&A98 $12,000 for City services, staff overtime, and
equipment use.
Minor Event - An event of one day or less duration, with a cost of under $1,000
for City services, staff overtime and use of equipment.
III. General Policies
A) Event spense~producers are required to obtain all City, State, County and Health
Department permits, licenses and/or inspections as may be needed.
B) Event ~s producers are responsible for submitting in writing permission as
may be required from other governmental agencies, private property owners, and
designated managers of City property including Old School Square for use of
their sites for an event.
C) Event spe~se~s producers are primarily responsible for event promotion,
marketing and advertising. City assistance may be provided through its .Public
Information Officer, web page and other printed publications.
D) Only one major event will be allowed per month. •„'°~~ ^'''°-~~~~~° °r~r^~~°~''u
One additional moor event will be allowed if held in the
Tennis Center.
E) A major and intermediate event will not be allowed on the same day. ^N a••~^^ *'~°
F) No more than two (2) intermediate events will be allowed within the same week
when total costs exceed ~18;~A9 12 000.
G) Multiple day events will not be allowed more than two (2) weekends in a row.
IT) City staff will assist in obtaining parking lot use agreements from the County and
CRA as may be needed.
U:lwwdatalCreative City Collabrative Committee~Special Event Policy and Procedure Draft 8.22.07.doc 2
I) Event sper~se~s producers or their contractors are required to submit required
certificates of insurance, to include liquor liability when applicable, hold harmless
agreements, and any required cash bonds to the City at least one week before the
event.
IV. Submittal Requirement:
Maximum Lead Time - Event applications and back up material can be submitted
no earlier than one (1) year prior to the event.
B~ Minimum Submittal Time -
• Manor Event -Initial requests including_permit application and all back
uP material, must be submitted to the City Manager or his designee at
least 19 120 days prior to the event. Tt, _ °-~'~+ ° "'~^°+'""' ^'"`""" °"
• Intermediate Event -Initial requests including_permit application and
all back up material must be submitted to the City Manager or his
designee at least 68 90 days before the event.
• Minor Event -Initial requests including_permit application and all back
material must be submitted to the City Manager or his designee at
least 45 days prior to the event. T''° '' '~'~+ ^ ~'~^"+~^^ ""'' "'-u== o~'-~ '
"`Y
U:\wwdata\Creative City Collabrative Committee\Special Event Policy and Procedure Draft 8.22.07.doc 3
Event submittals may require (based on the type and the size of the event) the
following:
• Budget
• Site plan
• Parking plan
• Traffic plan
• Private security plan
• Alcohol control plan
• Police security plan
• Pyrotechnic permit submittals shall be submitted to the Fire-Rescue
Department at least 30 days prior to the scheduled display.
• Certificate of Liability Insurance minimum of $1,000,000 and the
City named as certificate holder/additional insured
• Alcohol Liability Insurance
• Hold Harmless Agreement
• Maintenance/clean up plan
• Entertainment schedule
• Load in and take down schedule
>~, „. c >:n t.o o as +„ „i,..,.,;+ ., o o.,+ >,„a +
v ,,.,a., .,~..
All events shall be subject to compliance with Chapter 99 of the City's Code of
Ordinances entitled "Noise Control."
U:\wwdata\Creative City Collabrative Committeelspecial Event Policy and Procedure Draft 8.22.07.doc c~
D~ Event staffing
Police -police or other trained non-sworn personnel may be required
• at the discretion of the Chief of Police or his/her designee based
upon projected attendance numbers, type of event, traffic/pedestrian
concerns, geographic location and site layout.
• Mandatory police personnel are required for events where alcohol is
served or sold by the event spe~se~-producer, event vendor, or other
businesses within the event foot print.
Fire -mandatory staffing may be required as determined by the Fire Chief or
his/her designee in consultation with the City Manager or his designee normally
when the total estimated crowd at anyone time in the venue area exceeds 2,500
people. However, staffing requirements must take into account venue risks, type
of activity, and other safety considerations in addition to the size of the event.
If the Police/Fire Department determines that there is no undue risk to public
safety, then Police/Fire staffing of the event is not necessary.
Event producers may through agreement with the Police Department substitute
wheneverpossible private security for certified police officers.
U:\wwdata\Creative City Collabrative Committee\Special Event Policy and Procedure Draft 8.22.07.doc 5
Event producers may also with City approval substitute other tasks generally
performed by the City with volunteers or private contractors, such as trash clean
Minor events will be approved or disapproved at the staff level; all other events
will be approved by the City Commission.
V. Event Payment for City Services
1. Event spense~s producers will be required to pay for costs incurred by the City
per the following schedule. ~ ° ^~+'''" "°"+'^" ^"°+" " ° ''°~:"°`'-"" r;~.
1Cil j.,V J
~ p 1
Event producers are also required to pay full costs for any equipment
or supplies that the City m~ be required to rent or purchase for the event. These
may include but are not limited to generators portable light towers, barricades,
trash boxes tables chairs and tents. Producers are also required to pay the full
rental cost of the large City stage. Non-profit and charitable organizations are
defined as those with a SOlc(3), c(4), c(6), c(10) and c(19) designation. All other
sper~se~s producers not designated by the City as non-profit/charitable will be
considered as private spe~rser~s producers. In order to be considered as a non-
profit under one of the categories above, the event spe~sel= producer must have
the IRS designation by the time of the event and prior year audit if available.
A) City sponsored or co-sponsored event - No charges for City costs.
Uawwdata\Creative City Collabrative CommitteelSpecial Event Policy and Procedure Drag 8.22.07.doc
Aa) 1. Events produced by Old School Square and the Downtown
Marketing Cooperative -first $1,000 no charge, then 35% of costs not
including regular time.
B) Privately wed Produced Events - Charge
schedule will take effect as of October 1, 2007. a~+° °~ .,~~,.°•,.,' ^~+1,°r~
,.,.,.,
• ~ ~a °~nicirc-vz~--^cv ~.rrsv, ,~~ f 1
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U:\wwdata\Creative City Collabrative CommitteelSpecial Event Policy and Procedure Draft 8.22.07.doc 7
C)
Privatelyproduced events are required to pay 100% of all City costs, not
including regular time to include but not be limited to overtime costs and
fringe benefits.
Non-Profit/Charitable Organization S~iense~ Produced Events
Charge schedule will take effect as of October 1, 2007.
a a ~ r
Minor Event
• 50% of total City costs
• ~~ ne-sl~a~ges
• ~~-~ ~9°~o-e~~e~t
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U:\wwdatalCreative City Collabrative CommitteelSpecial Event Policy and Procedure Draft 8.22.07.doc g
Qinnnn Qioono ~• +Qi nnn + +i, zcoi „~i,.,t.,.,,.o
nn ~• + et nnn ,.+ +t,or nnoi „~~,,,~„ a"
$Z~$;A88--~ >
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~n,n~-~--~4~,noo ~• + Q ~ nnn o...,~+~ +l.o„ ~no% „f tt..l.,.,,..o
9~te~-$~~~4~ ~• _+ Q i ,nnn o--°---~+, +~.o„ ~coi ~~~.,,t.,~,.o
Intermediate and Manor Events
• Charge schedule will take effect as of October 1, 2007
• First $1 000 of costs waived• balance charged at 65% not
including regular staff time
D) New Events:
Any new event proposed to be held after October 1 2007 will be charged 100%
of all City costs (Does not apply to events produced by Old School Square or the
Downtown Marketing Cooperative.)
E) Out of City Sponsored Events:
Events s~ensered~roduced by an organization located outside the City of Delray
Beach will be required to pay 100% of all City costs except regular time after
October 1 2007 Outside of the City will be defined as location of IRS approval.
Local not for profit may not act as presentingagent or organization.
F) Permit Fees
Event processing permit fees will be charged as follows:
• Minor event ~A~ $75.00
• Intermediate Event ~99:~ $150.00
• Major Event ~A9~9 $250.00
U:\wwdata\Creative City Collabrative Committeelspecial Event Policy and Procedure Draft 8.22.07.doc 9
• Permit fee due at time of application submittal.
Above payment structure does not include charges that may be contracted for use of Old
School Square or Tennis Center. Charges specified in contracts for these sites may be
different from and/or in addition to the above schedule.
naa•+• t t, •tt >, a ~ .. n+n,.o ro«+nt .,«,a t,~ nao ro«+nl u~ •nn,to ro«+nt
a ~+
Et~~,.aeS~1T~-13 t ,a 1^0 +l,o !'';+. ,~1 + + ,a,]'+' nl 1.n n.ao ~. v«+
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7
Ee~~ o«+nln~ +n«+CZI~CC[~i°f nk + 1 caaau w ~ +1+ + ~
Event producers are required to~ay full costs for an~quipment or supplies that the City
may be required to rent or purchase for the event. These may include but are not limited
to generators portable light towers barricades trash boxes tables chairs and tents.
Producers are also required to pay the full rental cost of the large City stage.
VI. Parking
A Reserved Parking: Event producers may request use of City owned surface lots
for reserved parkin~Requests need to be in writing and/or on the site plan included
in the event permit package.
B Paid Parking• The City at it's discretion will determine based on event impact
whether or not it (City) will charge for parkin i~ n City owned parking ~ara~es, City
owned surface lots and in the County Parking Garage. Revenue from said parkin
will be retained by the City to offset operating costs of parkin lg ots (or City may
agree to share 70% of parking fees collected with the event producer if the event
Uawwdata\Creative City Collabrative CommitteelSpecial Event Policy and Procedure Draft 8.22.07.doc 1 Q
producer can show that 10% of their event gross revenues is passed on to other
Delray Beach based non profit organizations or to student scholarship programs.)
C Community Redevelopment Agency Parking Lots: Requests to use parkin
lots owned by_ the Delray Beach Community Redevelopment A~ency for reserved
parking or_Qaid parking are to be made in writing to Delray Beach Community
Redevelopment Agency, 20 North Swinton Avenue Delray Beach, FL 33444.
D Palm Beach County/South County Court House Parking Garage: By
agreement with Palm Beach County the City of Delray Beach the Delray Beach
Public Library or the Delray_Beach Community Redevelopment A~ency may request
use of the South County Court House Parking Garage for paid or free parkin. The
County_ requires both the approval of the City and Library for its use. The County
requires that this lot be manned by aprofessionalparking management company that
is bonded or by the City if manned by_ a certified Police Officer. Any requests to
utilize this g_ara~e must be made to the City and the Library. Palm Beach County
does not allow the use of this g_ara eg during_normal courthouse operating hours and
requires reservation of spaces after hours and weekends if their employees are
working in the Court House.
E Delray Beach Public Library Surface Lot: Requests for use of this lot need to
made directly to the Delray_Beach Public Library 100 West Atlantic Avenue Delray
Beach FL 33445, with a copy to the City.
VII. Neighborhood Block Parties
U:\wwdata\Creative City Collabrative Committee\Special Event Policy and Procedure Draft 8.22.07.doc 11
Permit applications for neighborhood block parties will be reviewed by the City Manager
or his designee. Consideration of approval will be based upon the following policies:
• Permit applications must be received in writing by the City Manager's Office
at least 30 days prior to the event.
• Permit applications must be submitted by the Homeowners Association or
where there is no Homeowners Association by other individuals with a
petition signed by 51 % of the homeowners who live on the block.
• Approvals will only be given for a one (1) block area.
• Consumption or sale of alcohol on City rights-of--way will not be permitted.
• Structures other than barricades are not allowed in the City rights-of--way.
• Homeowners Association will be required to pay all overtime costs that may
be incurred.
• Impacts due to other events will be considered in approval process.
• Applications will not be approved for any activity past 10 p.m.
• Approvals will not be given for individual homeowner sponsored parties or
events.
VIII. Permit denials may be appealed to the City Manager within twenty (20) days of the
denial except for neighborhood block parties which may be appealed within five (5) days
of the denial. The City Manager must render a written decision within five (5) business
days thereafter for all events except for neighborhood block parties which shall require a
written decision within two (2) business days. If the City Manager upholds the permit
U:\wwdatalCreative City Collabrative Committee\Special Event Policy and Procedure Draft 8.22.07.doc 12
denial for an event, regardless of classification, then the applicant may appeal the City
Manager's decision to the Circuit Court of Palm Beach County within thirty (30) days.
A. Grounds for Denial of Permit
Permit applications shall be reviewed by the Assistant City Manager or his/her
designee within thirty (30) days of submission of the permit application. Permits
may be denied for any of the following reasons:
• The application for permit (including any required attachments and
submissions) is not fully completed and executed;
• Submittal of permit application less than the minimum submittal day
requirements per section III(J);
• The applicant has not tendered the required application fee with the
application or has not tendered the required user fee, indemnification
agreement, insurance certificate, or security deposit within the times
prescribed by the Assistant City Manager or his/her designee;
• The application for permit contains a material falsehood or
misrepresentation;
• The applicant is legally incompetent to contract or to sue and be sued;
• The applicant or person on whose behalf the application for permit was
made has on prior occasions damaged municipal property within the City
of Delray Beach and has not paid in full for such damage, or has other
outstanding and unpaid debts to the City of Delray Beach;
U:lwwdatalCreative City Collabrative Committee\Special Event Policy and Procedwe Draft 8.22.07.doc 13
• A fully executed prior application for permit for the same time and place
has been received, and a permit has been or will be granted to a prior
applicant authorizing uses or activities which do not reasonably permit
multiple occupancy of the particular municipal property or part hereof;
• The use or activity intended by the applicant would conflict with
previously planned programs organized and conducted by the City of
Delray Beach and previously scheduled for the same time and place;
• The proposed use or activity intended by the applicant would present an
unreasonable danger to the health or safety of the applicant, or other users
of the park, of City Employees or of the public;
• The applicant has not complied or cannot comply with applicable
licensure requirements, ordinances or regulations of the City concerning
the sale or offering of any goods or services;
• The use or activity intended by the applicant is prohibited by law, by the
City's Code of Ordinances or by these regulations.
• The applicant has demonstrated unsatisfactory performance in the past.
U:\wwdata\Creative City Collabrative Committeelspecial Event Policy and Procedure Draft 8.22.07.doc 1 tl
Memo
To: City Commission
From: City Manager~~~
CC:
Date: August 24, 2007
Re: Establishment of Budget Task Force
Attached is information on the Budget Task Force established by the City of Clearwater. This
includes a statement of mission, scope, objectives and timeftame; considerations for size and
selecting members; a calendar showing subjects addressed; and rules of procedure. At the
Florida League Cities conference week before last, the City Manager of Clearwater reported
that their task force had been very effective in increasing public understanding of their budget
as well as producing some ideas for cost reduction.
Recommendation: I recommend that a similar task for be be established for Delray Beach.
I addition to the expenditure side addressed by the Clearwater group, I recommend that our
task force also review our revenues in the General Fund. Commission direction is requested
regarding the size of the task force, process for selecting members and timeframe for
reporting back to the Commission.
ws a .
City of Clearwater
Budget Task Force
Mission: Establish an energetic group of citizens to advise the City Council, from a citizen's
perspective, on how to reduce future City budgets, and provide recommendations based upon
given objectives, using the framework of the City's mission statement "to provide cost effective
municipal services and infrastructure necessary for a high quality of life for all our citizens" as a
guide.
Scope: The area of focus will be limited to the General Fund budget, to include a general review
and understanding of the following budget components and departmental budgets:
• Employee pension plan
• Pay plans and collective bargaining agreements
• Health insurance benefits
• Property/Liability Insurance
• Public Safety Program Budgets
o Police
o Fire
• Quality of Life Program Budgets
o Parks and Recreation
o Library
• General review of comparative service levels of neighboring communities and like-size
Florida communities.
• Impact of possible State legislative actions as to how these actions could impact the
City's budget and what that might mean to a City taxpayer.
Objectives: Provide a means for citizens from a variety of age groups and geographic areas
within the City to come together to study the specific issues outlined in the scope and provide
educated recommendations to the Council in the following areas:
o Identify non-essential services
o Provide recommendations in priority order as to specific budgeted programs or
projects that the Council should look at for reduction.
Timeframe:
• The Task Force will meet weekly on Monday evenings between the hours of 6:00 p.m.
and 8:00 p.m.
• The Task Force will complete their review process and prepare a report to the Council by
February 28, 2007.
Recommended Considerations for Appointments to Budget Task Force
Seven to Nine Members representing:
Geographic sections of City (Beach, Sand Key, Northeast, Southeast,
Southwest and Central.)
Various age groups
Business/Commercial property owners
Homestead property owners
Non-homestead property owners
Various household income levels
• All members to be City of Clearwater residents.
• All members need to make a commitment to weekly meetings for no less
than three months
• Council to appoint the board as a whole in order to maintain board
members through Councilmember changes
• Council to recruit members in order to obtain the diversity desired
• Those appointed will be advised they are subject to the sunshine law upon
appointment and can not discuss budget issues outside a noticed public
meeting
Meetings will be held on Monday evenings 6 - 8 p.m. in the Main Library Audio
Visual room.
Budget Task Force
Meeting Calendar
Main Library - 2nd Floor Conference Room
December 4 General introductions
Administrative procedures
December 11 Collective Bargaining Agreements
City Pay Plans
Civil Service Rules
December 18 Employee Benefits:
Employee Pension Plan
Health insurance
December 26 Property/Liability & Worker's Compensation Insurance
* (Tuesday) Internal Service Expenditures
January 2 Library Department Budget
* (Tuesday)
January 8 Police Department Budget
January 16 Department Budget -TBD
* (Tuesday)
January 22 Department Budget -TBD
January 29 Like-community comparisons
General Fund forecast
State legislative impacts
February 5 TBD
February 12 TBD
February 20 Draft report for Council
* (Tuesday)
February 26 Complete report for Council
* All meetings are on Monday nights with the exception of the Tuesday meetings noted
above
CLEARWATER BUDGET TASK FORCE
RULES OF PROCEDURE
ARTICLE I -MISSION, SCOPE AND OBJECTIVES
Defined by the City Council:
Section 1. Mission. Establish an energetic group of citizens to advise the City
Council, from a citizen's perspective, on how to reduce future City budgets, and
provide recommendations based upon given objectives, using the framework of the
City's mission statement "to provide cost effective municipal services and
infrastructure necessary for a high quality of life for all our citizens" as a guide.
Section 2. Scope. The area of focus will be limited to the General Fund budget, to
include a general review and understanding of the following budget components and
departmental budgets:
• Employee pension plan
• Pay plans and collective bargaining agreements
• Health insurance benefits
• Property/Liability Insurance
• Public Safety Program Budgets
o Police
o Fire
• Quality of Life Program Budgets
o Parks and Recreation
o Library
• General review of comparative service levels of neighboring communities and
like-size Florida communities.
• Impact of possible State legislative actions as to how these actions could
impact the City's budget and what that might mean to a City taxpayer.
Section 3. Objectives. Provide a means for citizens from a variety of age groups
and geographic areas within the City to come together to study the specific issues
outlined in the scope and provide educated recommendations to the Council in the
following areas:
o Identify non-essential services
o Provide recommendations in priority order as to specific budgeted
programs or projects that the Council should look at for reduction.
ARTICLE II -OFFICERS AND THEIR DUTIES
Section 1. There shall be a Chair and Vice-Chair elected by the Task Force
members.
Section 2. The Chair shall preside over meetings of the Budget Task Force and
maintain order. The Chair can not make a motion.
Section 3. The Vice-Chair shall act in the absence of the Chair.
Section 4. Should the Chair vacate the office, the Task Force members shall
elect a new Chair as soon as possible.
ARTICLE III -ORDER OF BUSINESS
Section 1. The order of business shall ordinarily be:
1. Call to order
2. Approval of minutes
3. Questions from previous meeting
4. Staff presentation
5. Questions
6. Discussion/Action
7. Assignment for next meeting
8. Adjourn
ARTICLE IV -RULES OF ORDER
Section 1. Discussion. Any member wishing to speak shall address the Chair
and be recognized prior to speaking.
Section 2. Quorum. A quorum for the transaction of business by the Task Force
shall be seven (7) members.
Section 2. Motions. A member wishing to make a motion shall address the
Chair and wait to be recognized before making the motion. Upon the motion
being seconded the Chair shall state the motion. The person making the motion
is entitled to the floor first for debate. No one is entitled to the floor a second time
on the same motion as long as any other member who has not spoken on the
issue desires the floor.
Section 3. Votes. The Chair shall state the motion prior to requesting the vote.
Votes will be taken by voice vote and shall be stated by the Chair. A tie vote
shall constitute a continuance to the next meeting, but a tie vote on the same
motion at the next meeting shall be considered defeat of the motion.
Section 4. Reconsideration/Rescission of Action. Any member voting on the
prevailing side of a motion may move a reconsideration of that action, provided
the motion to reconsider is made at the same meeting at which the action was
taken. No motion to reconsider shall be made more than once on the same
matter. Task Force action may be rescinded by a majority vote. A motion to
rescind may be made by any Task Force member.
Section 5. Questions and Requests for Information. In order to assure all
members are equally informed, questions to and requests for information from
staff should be made at meetings of the Task Force.
ARTICLE V -RULES OF DECORUM
Section 1. At all times Budget Task Force members shall conduct themselves in
a respectful and civil manner. The Chair shall rule out of order any member
making profane, impertinent, irrelevant, immaterial, inflammatory statements or
being disrespectful to other task force members or staff.
Adopted by the Budget Task Force December 4, 2006
Nathan Hightower, Chair
Attest:
Cynthia E. Goudeau, City Clerk
City Qf Delray Beach
Deparhnent of Environmental Services
M E M O R A N D U M
www. mydelraybeach. com
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: REVISIONS TO RECLAIlVIED WATER ORDINANCE
DATE: August 22, 2007
Attached is a copy of proposed revisions to Chapter 59 of the City Ordinances, titled Reclaimed
Water. Substantive revisions are as follows:
• Makes connection to reclaimed water system mandatory
• Prohibits use of any other water source for irrigation if reclaimed water is available
• Increases economic inducement for connection
• Increases wholesale commodity rate for FY 2007/2008
• Limits hours of irrigation for wholesale customers.
Please place this item on the agenda for the August 28, 2007 Commission Workshop for
discussion with Commission.
Cc: Victor Majtenyi, Deputy Director of Public Utilities
Terrill Barton, Assistant City Attorney W~ , ~ .
ORDINANCE NO. -07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIlVIF~
WATER", SECTION 59.06, "USE OF RECLAII~SED WATER WITHIN
THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO
PROVIDE THAT ALL CUSTOMERS SHALL CONNECT TO THE
RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES,
RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE
AND AMENDING SECTION 59.13, "APPROVED USES OF
RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR
IRRIGATION; PROVIDING A SAVIlVG CLAUSE, A GENERAL
,REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, potable water and groundwater are valuable resources which must be conserved; and
WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation
purposes, thereby substantially contributing to the conservation of groundwater and potable water; and
Vi/HFRF. A S, the City of Delray Beach has determined to establish a reclaimed water system which
would make reclaimed water available for iaigation; and
WHEREAS, such reclaimed water system serves a valid public purpose ul helping to conserve water
resources; and
WHEREAS, such reclaimed water system use shall be mandatory within one pear of availability of
same.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, THAT:
Section 1. That Chapter 59, "Reclaimed Wares'', Section 59.(16, "Use of Reclaimed Water
within the City of Delray Beach Service Area" is hereby amended to read as follows:
Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH
SERVICE AREA.
(A) Reclaimed water service will be made available within the Cit~s Utility Service Area as
the transmission system is extended and treatment capacity becomes available.
(B) Reclaimed water service will be deemed available when Reclaimed Water Distribution
System facilities necessary for connection to the customers' irrigation system are activated to the
customers' point of service. Easements may be required across private property to accommodate
extension of the transmission system to the customers' point of service. In the event that such required
easements are not granted by the customer, reclaued water will be deemed available when facilities are
placed in service abutting any paint on the customers property line.
(CL Connection to the Citds reclaimed water system for irri~adon use shall be mandator
If the C~~y's reclaimed water system is availably for connection fgi ' tion us no other sources of
irrigation water will be permitted. Upon notification from the City of service availability. customers
shall have ninety {90) days to connect
irrigation systems to the reclaimed water system with no fees assessed by the City. Customers
connecting after that time will be assessed meter installation charges. .After the stated 90 day period,
e~is ' irrigation connections to the Citds ~ water system will be disconnected. and customers
requiting irrigation water that remain unconnected to the reclaimed water system will be assessed a
monthly capacity charge as listed in section 59.09Land a monthly commodity~harge based on 12,000
gallons per month billed at the current,~ate for irrigation water as listed in Chapter 52. Section 52.34~B,L
Upon connection to the rechimed water system, the capacity charge will cease,, and the commodity
chagee will be barn rnetered_ use at the rates listed in Section 59.09 for the atinlicable user
classification.
(D) Connection of an irrigation system to the customer's side of the reclaimed water meter
is the responsibility of the customer and shall be performed at the customer's expense.
(E) Should the customer require reclaimed water of quality or pressure varying from that
normally supplied by the city, the customer shall be respons~le for any devises necessary to make these
adjustments, provided, however, that such devices will require prior approval by the City.
lion 2. That Chapter 59, "Reclaimed Water", Section 59A9, "Fees, Rates and Charges" is
hereby amended to read as follows:
Sec. 59.09 FEES, RATES AND CHARGES.
{A) Charges for reclaimed water use will be base don metered flows and will be billed on a
monthly basis per one thousand (1,000) gallons in accordance with the following schedule:
1. Retail customer rate ........ $1.00
2. Wholesale customer rate .... &26- ~
52.32.
(B) Meter installation charges, when applicable, shall be as listed in Chapter 52, Section
(C) Capacitq charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B).
2 ORD. NO.
Section 3. That Chapter 59, "Reclaimed Water'', Section 59.13, "Approved Uses of Reclaimed Water'',
is hereby amended to read as follows:
Sec. 59.]3. APPROVED USES OF RECLAIMED WATER: HOURS OF USE POR
IRRIGATION
(A) Reclaimed water shall be used in accordance with applicable federal, state, and local
laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for irrigation of
residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible crops (as
set forth in Chapter 62-610, Florida Administrative Code), highway medians, dust control, on
construction sites, mining of concrete, and cleaning of roads and sidewalks. Any other use of reclaimed
water must be approved in writing by the Director prior to said usage.
(~) Hours of irrigation for wholesale customers connected to the Cily's reclaimed water
stern shall be limited to the hours between sunset and sunrise.
'on 4. That should any section or provision of this ordinance, or any portion thereof, or 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 5. That alI ordinances or parts of ordinances in conflict herewith be, and the same are
hereby, repealed.
Section 6• That this ordinance shall become effective immediately upon its passage an the second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day of
2007.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO.
FY2008
PROPOSED BUDGET CUTS
(Revised 8/24/07)
City Commission
Reduction: $ 191,580
Detail: Lobbying services and other contractual or consulting services,
such as for the Cultural Collaborative, will not be funded. We will
not advertise in the convention issue of Quality Cities.
Impact: Federal and state earmarks, if ay are available, would have to be
obtained through the offices of local congressmen and legislators
as we did for the Federal Highway beautification. The Cultural
Collaborative would have to complete organizing without
assistance from outside consultants.
City Manager
Reduction: $ 11,750
Detail: Only limited travel for both the City Manager and Assistant City
Manager will be funded. Neither would participate in the FCCMA
Winter Institute, PBCCMA annual retreat or FLC Annual
Conference. A document scanner would not be purchased.
Impact: Continuing education would be limited. Staff will have to leave
the office to use the City Clerk's document scanner.
Human Resources
Reduction: $ 185,540
Detail: Customer Appreciation Day will be discontinued. Tuition
reimbursement is reduced and the Assistant Director will not
attend the SHRM Conference. ICMA membership is cut. An
interactive Human Resources information system would not be
purchased.
Impact: Employee development opportunities are reduced and we will
continue to manually manage many Human resources function.
ICMA information will be obtained through the City Manager.
Public Information
Reduction: $ 93,930
Detail: Part time technical support for video streaming is not added.
Annual report is cut to 12 pages. Pocket size city map would not
be produced. BRET contract is cancelled. Promotional items and
visual presentation equipment would not be purchased.
Impact: Video streaming will continue to operate at the current level.
Production of programs for On 98 will be discontinued. The
ws . 5.
amount of information in the annual report is reduced.
Promotional giveaway items will not be available. Presentation
' equipment will be borrowed from other departments.
City Clerk
Reduction: $ 14,903
Detail: Funding for promotional items and tuition reimbursement would
be eliminated.
Impact: Costs for further education are shifted to the employees.
Finance Administration
Reduction: $ 150,750
Detail: Costs for the Pension Coordinator are shifted to the General
Employee's Pension Plan. The Purchasing Manager is retiring and
the position will be eliminated. The number of staff sent to various
training is reduced by half.
Impact: Purchasing will continue with a newly filled Buyer position and Sr.
Buyer with one less level of management. Staff who do attend
training will have to devote more effort to updating the skills of
those who are not sent.
Administrative Services
Reduction: $ 17,940
Detail: City Hall windows and lobby floor would only be done once in the
year. Travel is limited to in-state, and the Assistant Manger would
not attend the FCCMA Winter Institute.
Impact: City Hall's appearance would be degraded and staff would be less
able to keep skills up to date or be exposed to new ideas by
attending conferences and workshops.
Clean & Safe
Reduction: $ 59,380
Detail: Reductions in this division would be in the gardening supplies and
contractual services accounts. An additional truck with crew cab
would not be purchased.
Impact: Funding for gardening supplies will be provided by the
Beautification Trust Fund. The appearance of areas around trash
cans and benches will suffer due to pressure cleaning these areas
bimonthly instead of monthly. The supervisor will have to continue
transporting the crew.
2
Information Technology
Reduction: $ 31,650
Detail: This is a reduction in operating costs from the current year, plus
we would not purchase a VOID phone system for the new IT
building. Three new desks would not be purchased for the new IT
building. We would not have any Proxim wife radio spares.
Impact: There will be no negative impact on the service level provided by
the division. Atrial of VOID phones would be delayed. Staff
would. continue using older desks. Our wife antennas provide a
backup connection to certain remote sites. With no spares, we
would not have a backup to the backup if a radio fails.
Police Support Bureau
Reduction: $ 426,700
Detail: Proposed janitorial contract in addition to full time staff is not
funded. Neither is a proposed increase in training funds.
Wallpaper removal is only funded for half of the building. Only
40% of requested furniture replacement is funded. Replacement of
NI MH radio batteries with LI ION batteries is deferred, as is
replacement of fuel storage tanks which must be done by 12/31/09.
Impact: Some desired improvements to station appearance and cleanliness
would not be achieved and fuel tank replacement would be delayed
until the final year when it maybe more costly as others try to also
meet the deadline. Training would continue at current levels and
improvements in battery life would be delayed.
Police Operations Bureau
Reduction: $ 1,073,010
Detail: We assume that five police officer positions will remain vacant
throughout the year. (If we are able to fill some of the five, we
will seek to transfer money back into this program at that time.)
This division would take an 11 % decrease in overtime from the
current fiscal year. The proposed lease of off-site space for the
VIN Unit is not funded, and neither is a proposed increase in
training funds. Some requested additional equipment, such as
patrol rifles, the 1,000P Palm and Fingerprint scanner and
additional in-car digital video equipment would not be purchased.
Training would continue at current levels.
Impact: There will be a slight reduction in services available for
unprojected special events and proactive enforcement due to a
reduction in the available overtime. Training would continue at
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current levels. Patrol officers will not be equipped to deal with
criminals using high powered weapons. The evidence and
protection from liability provided by in-car video will not be
available.
Fire Administration
Reduction: $ 123,080
Detail: Reductions do not affect level of service or contractual obligations.
Replacement certain appliances and the cracked concrete ramps
and non-slip coating at Station #1 is not funded. Neither is a
proposed increase in training funds.
Impact: The non-slip coating can be patched, but will not look as good and
will probably continue to deteriorate. Not repouring the cracked
concrete ramps is deferring maintenance, but should have no long
term impact on the building. Training would continue at current
levels.
Fire Operations
Reduction: $ 1,282,940
Detail: The requested increase in staffing for Engine 2 is not funded.
Overtime funding is reduced to 2005 levels. Equipment
Maintenance and General Operating Supplies are only increased
8% and Equipment less than $750 is held at current levels. Tuition
reimbursement is reduced. Purchase of equipment exceeding $750
is reduced to 20051evels.
Impact: Reduction in overtime coverage may limit opportunities for
training and competition; however, less overtime should be needed
since we are essentially at full staff. The department will not be
able to get all the equipment and supplies they would like. Engine
2 will continue to operate with less staffing than other fire
suppression units within the City. Training would continue at
current levels.
Emergency Management
Reduction: $ 8,260
Detail: A consultant will not review and assist with the CERT program.
No training is funded in this budget.
Impact: Funding for City Employees to attend the Governor's Hurricane
Conference and emergency management courses at the National
Emergency Management Institute would have to come from
departmental budgets.
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Fire Safety
Reduction: $ 146,605
Detail: Not funded are two Segways for use at special events and a
proposed Paramedic Lieutenant to create a Fire Career Academy
Program at Atlantic High School, similar to the existing Law
Enforcement Program. Tuition Reimbursement is eliminated and
training is reduced.
Impact: Staff development would be somewhat impacted. We would
forego the opportunity to attract and develop future firefighters at
the high school level.
Planning and Zoning
Reduction: $ 448,950
Detail: The Downtown Shuttle Service would be eliminated. (There would
also be a revenue decrease of $254,370 in contributions from the
CRA and FDOT.)
Impact: There would be no public transportation available, as an alternative
to the automobile, from Tri-rail to and through the downtown area
to the beach and back.
Community Improvement Administration
Reduction: $ 5,250
Detail: The Neighborhood Advisory Council one day summit is cut as is
new furniture for the Assistant Director.
Impact: The team building and identification and focusing on issues
achieved this past year with the NAC summit would be lost. The
Assistant Director will continue to use old furniture
Building Inspection
Reduction: $ 73,850
Detail: This reduction would eliminate the Plan Reviewer III position.
Training is held at the current funding level.
Impact: The workload could increase for the other three Plan Reviewers.
The length of time for review and approval of submitted plans
could increase, but with the slowdown in construction there should
not be significant delays. Training would continue at current
levels.
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Code Enforcement
Reduction: $ 37,827
Detail: This division would limit the amount for demolition of structures
to current levels. Requested tuition Reimbursement is not funded.
Impact: There would be no increase in demolition or board-up activity.
Staff education would be limited.
Engineering
Reduction: $ 98,230
Detail: This will result in the elimination of a current Administrative
Assistant position and about 60% of funding for other professional
consulting services. Training is also reduced.
Impact: The Administrative Assistant has been moved to the Water and
Sewer Fund to fill a vacant department receptionist position for
when the department is moved into the new building. There will be
minimal funds budgeted for professional consulting services
sometimes needed to quickly respond to project requests from
property owners, other departments or City Commission. These
types of projects are too small to qualify for the CIP process.
Staff's ability to keep up with new developments in engineering
and construction management will be limited.
Public Works Administration
Reduction: $ 42,930
Detail: Half of the Executive Assistant position will be funded from the
Water and Sewer Fund. Travel is maintained at last year's level.
Impact: Training is somewhat limited.
Streets Maintenance
Reduction: $ 70,360
Detail: Funds for asphalt and concrete purchase are somewhat less than
current levels, as are training funds.
Impact: There would be limited concrete and asphalt repairs done due to
limited funds for materials.
Traffic Operations
Reduction: $ 12,090
Detail: Training funds are reduced. Purchase of sign making materials
such as blanks and posts as well as thermoplastic striping material
are somewhat reduced. New barricades (100) are not funded.
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Impact: Sign installation and replacement maybe slightly reduced. Striping
maintenance is reduced due to less material available. We will
continue to rent barricades as needed.
Street Lighting
Reduction: $ 15,000
Detail: Replacement of existing globes on East Atlantic street lights with
more durable better lighting Rotomatic Housing globes would
proceed more slowly.
Impact: Improved lighting on East Atlantic would be delayed.
Parking Facilities
Reduction: $ 0
Detail: There will be no reduction in services in this division.
Impact: With two new parking garages being placed in service, this
program budget will increase for maintenance, electrical and other
related costs of the new facilities. Since we have no experience
with these facilities, we are unable to suggest any budget
reductions.
Building Maintenance
Reduction: $ 64,495
Detail: A proposed new Crew Leader II is unfunded.
Impact: The proposed Crew Leader would enable the Division to better
keep up with its workload.
Out of School
Reduction: $ 43,580
Detail: The New Innovations program would continue in the summer but
would not be added for after school. Also not funded is rental of a
handicapped van and additional staff for the inclusion program.
Impact: Children will not get hour long program that includes pre and post
assessments and academic reinforcement during the school year.
Our ability to fully integrate handicapped children in the Out of
School Program would be limited.
Summer Camp
Reduction: $ 5,970
Detail: Reduction by half of buses for field trips.
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Impact: The program enrichment offered by field trips is reduced.
Parks and Recreation Administration
Reduction: $ 40,990
Detail: Overtime for special events and emergencies is not funded, nor is
the maintenance fee for the Virtual Tour. Travel and memberships
are reduced to current levels
Impact: Park Rangers would be unavailable to assist with special events.
The Virtual Tour of city facilities accessed from our web site
would either be discontinued, or we would have to allow
advertising. Some opportunities for staff development and
education would be lost.
Teen Center
Reduction: $ 15,480
Detail: Travel and Training are not funded and neither is Tuition
Reimbursement. A requested projector for presentations and
showing films would not be purchased. Operating and
maintenance funds are reduced.
Impact: There would be no opportunity for staff development and training.
A projector would have to be borrowed or rented. Operating and
maintenance funds should be adequate based on historic averages.
Athletics & Special Events
Reduction: $ 26,730
Detail: Bus rental is reduced from eight trips to five. The annual brochure
distributed as an insert to the Sun Sentinel would not be printed.
There would be no food at special events. Advertising is kept at
current levels. Only one set of new bleachers if purchased for
Merritt Park.
Impact: The number of Kids and Cops field trips is reduced.
Communication with our residents about Parks and Recreation
programs would be limited by a lack of brochures and advertising.
We will continue to use one old set of bleachers without side and
back rails.
Ocean Rescue
Reduction: $ 317,120
Detail: Requests to add two new lifeguards and a training officer are not
funded. A request for additional part time hours to staff all towers
365 days per year and add an additional tower at the north end of
the beach is not funded. Travel for conferences and competition is
not funded. We would not host the USLA Junior Lifeguard
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Regionals. A requested laptop and projector for presentations and
in-house training would not be purchased. Also not funded are a
surf dory, surf ski and replacement of sliding glass doors on six
lifeguard towers. Funds for maintenance and operating supplies
are reduced to historic averages.
Impact: We have never staffed the lifeguard towers at the north end of the
beach year round, and there is a sizeable area north of the last
tower which is unguarded. That situation would continue. We
would loose the opportunity for staff development by attending
conferences, and the motivation for honing skills which is provided
by competitive events. The Regionals would provide a positive
economic impact, which is lost. Not purchasing the dory and ski
adversely affects training and competition. The existing sliding
glass doors are unreliable due to vandalism and maintenance
issues.
Community Center
Reduction: $ 40,560
Detail: Reduction in part time hours and building maintenance. The
instructor for the Computer Lab is funded at 10 hours per week.
Out of area travel is not funded. Also cut is AED replacement.
Impact: Center will close an hour earlier each evening (9:00 PM), two
hours earlier on Saturdays (3:00 PM) and be closed all day on
Sundays. Opportunities for staff development are lost. Our current
AED is only suitable for adults and not for children.
Veterans Park
Reduction: $ 52,230
Detail: Reduction in part time hours and overtime. Twice annual live
entertainment is cut, as is all non-local travel and training. Some
replacement furniture is not purchased nor a requested room
divider. Requested trophy case, security video camera, and
replacement AED are not funded.
Impact: The building would be closed evenings and weekends due to the
reduced part time hours available. Some needed building
maintenance for the center will not be completed, resulting in the
building not looking good and being subject to further
deterioration. The video camera would deter vandalism and
improve safety in the park. Some worn out furniture would have
to be kept in use if still serviceable. Our current AED is not
suitable for children, only for adults.
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Pompey Park
Reduction: $ 93,910
Detail: Additional staff requested for the expanded facility is not funded.
An assistant instructor for Building Bridges and two Divas Step
Team coaches are not funded. Travel and Training are reduced.
The number of chaperones for the Building Bridges College Tour
is reduced by half. Refurbishment of two baseball fields is cut out.
The Trailblazer's Banquet would not be held. There is no funding
for Delray Divas or track and field uniforms. Tuition
Reimbursement is reduced. Also not purchased will be new
furniture for the remodeled office area, a 42" TV for the new TV
room, and gym dividers. Gym floor mats and racks would not be
replaced.
Impact: The number of young people participating in Building Bridges and
Divas would have to be reduced. Divas and Track Team members
would have to buy their own uniforms or we would have to find
businesses to sponsor them. We would continue using the old
furniture and TV presently in the Center.
Parks Maintenance
Reduction: $ 330,210
Detail: Four additional General Maintenance Workers would not be hired.
Contract tree trimming and contracts for athletic field mowing at
Pine Grove and Plumosa are not funded. Travel and training are
reduced. Trees and shrubs lost to the hurricanes would not be
replaced. Additional fertilizers and pesticides would not be
purchased.
Impact: The general level of maintenance for parks and public building
grounds would be degraded due to less frequent mowing, less
fertilizer and pesticide application, and the inability to replace
missing and dead landscape plants. Staff development would
suffer from the inability to attend relevant conferences. Pine
Grove and Plumosa athletic fields would have to be added to the
staff work load. Less tree trimming would be done.
Aquatics Operations
Reduction: $ 86,160
Detail: There will be a reduction in part time hours. Equipment like lane
lines, staff lockers, new guard chairs and water exercise equipment
will not be purchased. A proposed shade structure is not funded,
nor a replacement vacuum pump. Repair and maintenance items
are minimized. No funding is provided for training.
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Impact: The Pompey Park Pool and Delray Swim Club will be open 7 days
a week, June through August. Hours will be 9:00 AM to 5:00 PM,
except Sunday will be noon to 5:00. There will be fewer special
events like Fall Festival or Safety Under the Sun. For the months
of September through May, the Pompey Park pool will be closed
Sunday and Monday and the Delray Swim Club will be closed
Sunday through Tuesday every week. The condition of the pools
may deteriorate due to minimal maintenance. Fewer users maybe
attracted due to the lack of proper equipment for training and
exercise. Staff will be unable to pursue their professional
development.
Catherine Strong Park
Reduction: $ 40,460
Detail: There will be a reduction in part time hours. No training is
budgeted. There will be no twilight movies. There is
no tuition reimbursement. Outdoor portable basketball goals for
preschool and elementary ages would not be purchased.
Impact: The park will be closed on Mondays all year. There would be no
staff development, and no size appropriate basketball goals for
younger children.
Soccer Complex
Reduction: $ 40,010
Detail: Reduction in part time hours. Funding for line paint and corner
flags is reduced. Three sets of soccer goals and a new ice machine
would not be purchased.
Impact: Reduced use of the complex due to reduction in part time hours or
we would have to allow use of the facility without staff on site.
Unless field markings and goals were supplemented by private
funds, the facility may not be kept up to our standards
Tennis Center
Reduction: $ 48,700
Detail: Renovation of the clubhouse is not funded, nor is some
replacement furniture.
Impact: Needed clubhouse renovations will be postponed to another fiscal
year.
Cemetery
Reduction: $ 120,000
Detail: Contract landscape maintenance would not be implemented.
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Impact: The level of service for the cemetery would continue as it is at
present.
Grants
Reduction: $ 471,000
Detail: Funds for non-profit agencies will be eliminated or reduced by
15 %.
Impact: The ability of nonprofit agencies to provide services will be
reduced, unless they are able to get more private funding.
Transfers (not including CRA)
Reduction: $ 996,820
Detail: There will be a reduced transfer for the general construction fund.
A transfer to Beach Restoration and Special Projects Fund for First
Night will be eliminated
Impact: The number of capital projects we can do will be reduced. The
fund balance in Beach Restoration will decline. First Night will
have to be self supporting.
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