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HomeMy WebLinkAboutIR 7825 ro INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7825 o RTE 4D May 3,1994 To the Mayor and Members of the City Council A ex Subject: FINAL PROGRAM RECOMMENDATIONS FOR THE FORT WORTH 1873 GRAFFITI PROGRAM The City Council at its February 15, 1994 Pre-Council meeting discussed the graffiti problem in Fort Worth, and as a result, the City Manager formed a task force to address this issue. The Graffiti Task Force has met weekly, beginning February 28, 1994, in an effort to develop a workable and equitable graffiti program for Fort Worth. Members of the Graffiti Task Force include Betty Ward and Dan Worthey of MAGIC, Deputy Chief Sam Hill of the Police Department, Code Enforcement Superintendent Ruflno Mendoza, Assistant City Attorney Luis Fierros, Contract Compliance Supervisor Charles Schmidt of the Parks and Community Services Department, Fiscal Services Coordinator Kirk Bednar of the Environmental Management Department, Engineer Gordon Tilson of the Transportation/Public Works Department, and Administrative Analyst Jan Hale of the City Manager's Office. The Task Force is co-chaired by Dan Worthey of MAGIC and Jan Hale of the City Manager's Office. On April 5, 1994 the Graffiti Task Force presented an interim report to Council concerning the direction that the Task Force has taken in developing a graffiti program for Fort Worth. RECOMMENDATIONS In formulating its recommendations,the Task Force met with Tim Beardon,Community Services Coordinator for the Tarrant County Community Supervision and Corrections Department, Bill West, Project Director of Community Service Restitution, Tarrant County Juvenile Probation Department; Tom Lester, President of the Texas Paint Council; and John Kelly, Texas Representative of the National Paintings and Coatings Association. Further, the Task Force spoke with Gary Manny, President of the Fort Worth Independent School District Board, in an effort to gain his input into the educational aspect of graffiti prevention. The Task Force recommends the following initiatives in the areas of education, abatement, and compliance to combat graffiti in Fort Worth: Education: 1. Development by the FWISD of a curriculum module for implementation and use in schools. 2. Development of information packets for distribution to the public,such as neighborhood associations and youth serving agencies (i.e. Scout troops). Abatement: 1. Establishment of a graffiti abatement crew in the Parks and Community Services Department, consisting of City staff and probationers, to abate graffiti both on City- owned property and private property with the consent of the owner. 2. Use of volunteer organizations,such as Scout-troops,Boys and Girls Clubs, n associations and CODE:BLUE volunteers to abate graffiti. 7FFICIA1, RECORD CITY SECR y FT. WORTH, TEL ISSUED BY THE CITY MANAGER FORT WbNTOT EN ''---N SI ` , INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7825 May 3,1994 To the Mayor and Members of the City Council Page 2 of 5 FINAL PROGRAM RECOMMENDATIONS FOR THE FORT WORTH ex Subject: GRAFFITI PROGRAM Ion 3. Enlargement of the current paint bank to provide paint to the graffiti 'abatement crew, volunteer groups, and citizens to be used to abate graffiti. 4. Coordination of an inaugural Graffiti AbatementDay prior to an ordinance taking effect, in an effort to promote the abatement of graffiti to the extent possible; conducted annually thereafter in line with similar awareness programs, such as Earth Day and Cowtown Brush-Up. 5. Solicitation of contributions from businesses and foundations in FT MAGIC, to offset the cost of the graffiti program. 6. Establishment of a Graffiti Hotline in the Action Center. CITY SELCRETARY Compliance - Voluntary: to, TEL rFT. WORT9,0 TEL 1. Establishment of a 'Responsible Retailer Program" requesfing voluntary cooperation on the part of spray paint retailers to locate spray paint in areas of stores less accessible to minors, and donate non-marketable paint. 2. Establishment of a "Retailer Sponsorship Program", whereby the retailer's name appears on the graffiti abatement crew vehicle in exchange for free paint, or other in-kind or monetary contributions, for a designated period of time. Compliance - Legal: 1. Adoption of an ordinance to make the possession of spray paint unlawful for minors; create penalties and fines for n-dnors possessing spray paint; 'and, as a last resort, establish citations/penalty fines for property owners who refuse to abate graffiti on their property following offers of paint and/or labor. 2. Encouragement of legislative changes at the State level, failing voluntary cooperation by paint retailers, to: a) allow cities to require that retailers display spray paint in such a manner that the products are accessible only with the assistance of a store representative; b) require that spray paint be maintained under lock and key; and c) outlaw the possession of spray paint by minors. 3. Establishment of a cash reward system in the Police Department for the reporting of graffiti offenders. 4. Increased enforcement of the current laws by the Police Department, through the use of of sting" operations, use of Citizens on Patrol for surveillance in neighborhoods, and the occasional undercover monitoring of "hot" spots that experience recurring graffiti Attachment A provides more detailed information conceming these recommendations,separated into the following three categories: those recommendations that may be accomplished administratively;those recommendations that require an ordinance change and/or funding;and those recommendations that require the effort of the City of Fort Worth in changing the current State law. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7825 p. 3,May 3, 1994 To the Mayor and members of the City Council Page 3 of 5 .? A FINAL PROGRAM RECOMMENDATIONS FOR THE FORT WORTH X 1873 Subject: GRAFFITI PROGRAM STRUCTURE The Graffiti Task Force recommends establishing responsibility for the Graffiti Program in four departments: the Parks and Community Services Department, the Code Enforcement Division of the City Services Department, the Police Department, and the City Manager's Office/Action Center. Primary responsibility would lie within the Parks and Community Services Department, due to the fact that this department currently has the greatest level of involvement and expertise with graffiti within the City organization. The Parks and Community Services Department currently provides a limited amount of graffiti abatement on property within the City's parks, and operates the "Graffiti Patrol", on a limited basis in conjunction with MAGIC, using juvenile offenders to abate graffiti on park property. This department also provides coordination and storage space for MAGIC's paint, as part of an agreement established in 1993, and the paint collected through the Household Hazardous Waste Collection events. Personnel from this department participate in the Household Hazardous Waste Collection events to collect this paint, later distributing it to concerned citizens and Neighborhood Patrol Officers throughout the City. The Graffiti Task Force envisions the Parks and Community Services Department bearing primary responsibility for marketing the Graffiti Program; establishing and operating the graffiti abatement crew;operating the paint bank,establishing the Responsible Retailer Program and the Retailer Sponsorship Program; and, in conjunction with MAGIC, coordinating the use of volunteer organizations to abate graffiti and soliciting contributions from businesses and foundations to offset the cost of the program. The Graffiti Task Force recommends that the Code Enforcement Division of the City Services Department be responsible for enforcement of the portion of the proposed ordinance which provides for citation of owners of property, following notice, for failure to remove graffiti from their property. The Task Force recommends that the Police Department be responsible for the increased enforcement of the current law, operation of the cash reward system, and enforcement of the portion of the ordinance which prohibits,possession of the implements of graffiti. The proposed ordinance will be included as Attachment B. The Task Force further recommends that the Action Center be responsible for operating the Graffiti Hotline, and disseminating information regarding the Graffiti Program to the public. MARKETING The Graffiti Task Force recommends that marketing of the Graffiti Program be accomplished through the publication of articles in the City Times, the creation and distribution of brochures, the production of programs on the City's two cable television channels an -anyo&eXInitiatives developed by the Parks and Community Services Department. OFFICIAL RECORp, CITY w CRETARY FT. WORUP TEX. ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7825 R f TE 1 T May 3,1994 } To the Mayor and Members of the City Council Page 4 of 5 FINAL PROGRAM RECOMMENDATIONS FOR THE FORT WORTH ex Subject: GRAFFITI FITIPROGRAM FUNDING AND STAFFING REQUIREMENT'S To implement the Graffiti Program, the Graffiti Task Force recommends both funding and staffing in the Parks and Community Services Department and the Code Enforcement Division. Attachment C provides a full listing of the required funding and staffing for each department. The Parks and Community Services Department requires two positions, consisting of a graffiti abatement crewleader and a trades helper position. These two positions would assist in the coordination of the program and work with the probationers on the graffiti abatement crew. Primary administration of the program would be absorbed by current personnel within the Parks and Community Services Department. Additional costs include marketing costs, supplies, and vehicle operation and maintenance costs. The first year costs also include the purchase of a van and a high pressure washer. The total estimated first year cost for the Parks and Community Services Department is$119,650. Subsequent year costs are anticipated to include the continuing personnel, supply, and vehicle operation and maintenance costs, without any further capital costs, for a total of approximately $59,650. The Code Enforcement Division is requesting two additional Code Enforcement Officers through the regular FY 1994-95 budget process. In the event that these two officers are funded, Code Enforcement would be able to absorb the additional graffiti responsibilities without any additional funding or staffing. However, in the event that these positions are not funded through the budget process, Code Enforcement would require the addition of one Code Enforcement Officer position and a part-time clerk position to enforce the graffiti ordinance. These positions would investigate graffiti complaints; and identify, notify, and possibly cite property owners for non-compliance within a stated period of time. Additional costs include supplies,training,and vehicle operation and maintenance costs. The first year costs also include the purchase of a sedan and a radio. The total first year cost for the Code Enforcement Division is $57,093. Subsequent year costs are anticipated to include the continuing personnel, supply, and vehicle operation and maintenance costs, minus capital costs, for a total of$39,698. In summary, first year funding and staffing needs for the Graffiti Program total $176,743 and three and one-half positions. Subsequent year funding is estimated to total $99,348. The total cost to the City may be reduced if efforts to solicit support from private businesses and local foundations are successful. OFF1 FIECOR9 i CIAL COY SECRE'rar FT ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7825 May 3,1494 of,Pplr;D To the Mayor and Members of the City Council Page 5 of 5 FINAL PROGRAM RECOMMENDATIONS FOR THE FORT WORTH rexAS SUb�eCt: GRAFFITI,873 1 GRAFFITI PROGRAM CONCLUSION The Graffiti Task Force has endeavored to develop an equitable and well-balanced program at a minimum cost to the City of Fort Worth. Implementation of the Graffiti Program, as recommended by the Graffiti Task Force, represents an expansion of, and budget appropriation for, the initiatives currently undertaken by MAGIC and the City through the Parks and Community Services Department, and to a lesser extent, the Transportation/Public Works Department. Although the program involves some costs,it relies heavily upon the use of volunteer/free labor and donated paint to augment these costs. MAGIC will continue to play a major role in the Graffiti Program, building upon the relationship already established with the Parks and Community Services Department. The Graffiti Task Force presents these final program recommendations for the City Council's consideration. Additional information can be provided upon request. ob Terrell City Manager LC'Ty SECRETRY ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS 101"k, ATTACHMENT A FINAL PROGRAM RECOMMENDATIONS FOR THE FORT WORTH GRAFFITI PROGRAM This attachment provides more detailed information concerning the recommendations of the Graffiti Task Force, and separates the recommendations into three categories: those recommendations that may be accomplished administratively; those recommendations that require an ordinance change and/or funding;and those recommendations that require the effort of the City of Fort Worth in changing the current State law. RECOMMENDATIONS TO BE ACCOMPLISHED ADMINISTRATIVELY: 1. Use of volunteer organizations to abate graffiti To the extent possible, the graffiti abatement crewleader, in conjunction with MAGIC, would coordinate the use of volunteer organizations,such as Scout troops,Boys and Girls Clubs, neighborhood associations, and CODE:BLUE volunteers, to abate graffiti on both public and private property. 2. Enlargement of the current paint bank to provide paint to the graffiti abatement crew, volunteer groups, and citizens to be used to abate graffiti The Parks and Community Services Department currently operates a "mini" paint bank with the paint collected through the Household Hazardous Waste Collection events, and the paint donations currently received. The Graffiti Task Force has already received a commitment of a minimum of 1000 gallons of paint from the Texas Paint Council, with a pledge to provide additional paint as it becomes available. This paint bank would be staffed on an as-needed basis by the graffiti abatement crewleader or trades helper, and would provide paint to the graffiti abatement crew and citizens/businesses requesting paint to abate graffiti on their property. 3. Coordination of Graffiti Abatement Day prior to an ordinance taking effect Prior to a graffiti ordinance taking effect,the Parks and Community Services Department would be responsible for coordinating a Graffiti Abatement Day in conjunction with MAGIC,in an effort to eliminate as much graffiti as possible in the city. This event could be conducted annually thereafter,possibly in conjunction with other awareness programs such as Cowtown Brush-Up or Earth Day. OFFICIAL RECORD I r111 CITY' SECRUARY FT'. WORTH, 4. Solicitation of contributions from businesses and foundations to offset the cost of the graffiti program The Parks and Community Services Department, in conjunction with MAGIC, would be responsible for soliciting support from area businesses and foundations on a regular basis to offset the cost of the Graffiti Program. 5. Establishment of a Graffiti Hotline The Graffiti Hotline is recommended to be established in the Action Center because the Action Center is already available to disseminate information to the public. The Action Center would be able to answer general questions concerning the Graffiti Program, mail informational brochures to those requesting information, and refer citizens to the graffiti abatement crewleader within the Parks and Community Services Department for information specific to graffiti abatement. 6. Establishment of a Responsible Retailer Program The Parks and Community Services Department,in conjunction with MAGIC, would be primarily responsible for establishing this program, which would encourage spray paint retailers to display spray paint in an area of their stores less accessible to minors, or at a minimum, within eyesight of the cash register. Retailers would also be encouraged to display the placards required by State law stating that the sale of spray paint to minors is illegal, and to donate non-marketable paint to the paint bank. Parks and Community Services personnel would coordinate this effort with other City departments, as needed. 7. Establishment of a Retailer Sponsorship Program The Parks and Community Services Department would be responsible for pursuing the development of a Retailer Sponsorship Program, which would encourage retailers to donate paint for a designated period of time in exchange for free advertising on the graffiti abatement crew vehicle. The Parks and Community Services personnel would develop criteria to determine the amount of paint or other in-kind/monetary contribution necessary to warrant the free advertising. 8. Establishment of a cash reward system The cash reward system would be established within the Police Department, and would be operated in the same manner as the CrimeStoppers hotline. Small cash rewards would be provided to those offering information relative to graffiti o . 4 be funded through donations from area businesses and foundations. ��.RN71.CDRD SR 0 F1 11 CITY ECETARY WOJ 2 ff. WORTH, 'r'EX. 9. Increased enforcement of the current laws by the Police Department The Police Department would coordinate "sting" operations, as it has in the past, to identify and cite those retailers who are not in compliance with the current State law. The Police Department would also conduct occasional undercover monitoring of "hot" spots that experience frequent graffiti vandalism in an effort to apprehend offenders. In addition, the Police Department would rely on the Citizens on Patrol groups for surveillance of neighborhoods for graffiti offenders. RECOMMENDATIONS REQUIRING AN ORDINANCE CHANGE AND/OR FUNDING: 1. Development of information packets for distribution to the public These packets represent a portion of the marketing strategy for the Graffiti Program, and would consist of informational brochures available to the public through the Action Center, the Parks and Community Services Department, and other City facilities. They may be mailed to neighborhood associations, youth serving agencies, realtors, and any other group or individual requesting information regarding the City's graffiti program. Funding for the development,printing,and mailing of these brochures has been included in the recommended funding for the Parks and Community Services Department. 2. Establishment of Graffiti Abatement Crew This crew would be established within the Parks and Community Services Department, and would consist of one graffiti abatement crewleader and a trades helper assistant, supplemented by both adult probationers and juvenile offenders sentenced to community service. The crew would abate graffiti on both City-owned property and private property with the consent of the property owner. Paint for this crew would be supplied by the paint bank. 3. Adoption of an ordinance The proposed ordinance makes the possession of spray paint unlawful for minors, and creates penalty fines of up to $500 for minors possessing spray paint. Currently, it is illegal for minors to purchase spray paint, but not illegal to possess it. This ordinance also, as a last resort, creates citations/penalty fines of up to $500 for property owners who refuse to abate graffiti on their property following offers of paint and/or labor. The ordinance allows fourteen days from notification by Code Enforcement before a citation may be written to the property owner. Code Enforcement would notify the property owner of the availability of free paint from the paint bank and free labor as part of its notification letter,providing the property owner with the telephone number of the raffiti abatement crewleader in the Parks and Community Services Depar CIAL RECORD 3 C" SECRETARY FT. W81"TH TEX0 W, RECOMMENDATIONS REQUIRING CHANGES IN CURRENT STATE LAW; 1. Requirement that retailers display spray paint in such a manner that the products are accessible only with the assistance of a store representative I The paint industry has lobbied successfully to prevent such a requirement on the part of retailers-because it feels that requiring the assistance of a store representative reduces the level of impulse purchases of spray paint. However, the Graffiti Task Force feels that by requiring the assistance of a store representative, stolen paint and purchases of spray paint by minors would be decreased. In addition, by being incorporated into the State law, this requirement would affect the cities surrounding Fort Worth, making it more difficult for minors to obtain spray paint from a nearby city. 2. Requirement that retailers display spray paint under lock and key The paint industry has again lobbied successfully on this issue for the same reason stated above. It is not illegal for a retailer to display spray paint under lock and key if the retailer so desires; however, it is illegal for retailers to be required to do so. Again, by requiring that spray paint be displayed under lock and key, the Graffiti Task Force feels that stolen paint and purchases of spray paint by minors would be decreased. In Orr` addition, as stated above,by being a part of State law, this requirement would affect the cities surrounding Fort Worth, making it more difficult for minors to obtain spray paint from nearby cities. 3. Outlaw the possession of spray paint by minors This issue is addressed in the proposed ordinance for the City of Fort Worth as recommended by the Graffiti Task Force. However, if this issue were incorporated into the State law, the cities surrounding Fort Worth would be affected as stated above. In addition, the State, rather than the City of Fort Worth, would bear the burden of defending this issue in court, if necessary. LOFFICIAL RECORD C" SECRETARY Mr TEL T. WOR r01 4 ATTACHMENT C RECOMMENDED FUNDING AND STAFFING FOR THE PARKS AND COMMUNITY SERVICES DEPARTMENT Personnel Costs: Salaries Graffiti Abatement Crewleader (1.0 A.P.) $ 17,118 Trades Helper (1.0 A.P.) 14,414 Workers' Compensation 4,618 Group Health Insurance 5,222 Retirement 2,681 Medicare 457 Total Personnel Costs $ 44,510 Supplies: Operating Supplies (Brushes, rollers, etc.) $ 3,000 Uniforms 1,220 Minor Equipment (Spray gun) 420 Total Supplies $ 4,640 Contractual Services: Printing $ 1,000 Postage 500 Vehicle operation and maintenance 9,000 Total Contractual Services $ 10,500 Capital Outlay: Cargo Van OVRCII& $ 18,000 High Pressure Washer 42,000 wN Total Capital Outlay FIT, WOR"t TEX.- $ 60,000 Total Cost $119,650 OFF ATTACHMENT C RECOMMENDED FUNDING AND STAFFING FOR THE CODE ENFORCEMENT DIVISION Personnel Costs: Salaries Code Enforcement Officer (1.0 A.P.) $ 20,808 Clerk (part-time) (.5 A.P.) 7,212 Workers' Compensation 430 Group Health Insurance 3,917 Retirement 2,382 Medicare 406 Total Personnel Costs $ 35,155 Supplies: Operating Supplies (MAPSCO, camera, etc.) $ 1,000 Uniforms 1,000 Office Supplies 2,000 Total Supplies $ 4,000 Contractual Services: Training $ 620 Telephones 718 Vehicle operation and maintenance 2,500 State Registration 50 Dues 25 Total Contractual Services $ 3,913 Capital Outlay: OFFICK RECORD Intermediate Sedan 1 17Y SECREFARY $ 12'000 Two-Way Radio 2,025 FT. WORTH, T . Total Capital Outlay EX $ 14,025 Total Cost $ 57,093