noticea special meeting of the city council of the city of new port richey

Transcription

noticea special meeting of the city council of the city of new port richey
NOTICE
A SPECIAL MEETING OF THE CITY COUNCIL OF
THE CITY OF NEW PORT RICHEY
WILL BE HELD ON
Wednesday, September 23, 2015 AT 7:00 PM
NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS
5919 MAIN STREET, NEW PORT RICHEY, FLORIDA
ANY PERSON DESIRING TO APPEALANY DECISION MADE BY THE CITY COUNCIL, WITH RESPECT TO ANY MATTER CONSIDERED AT ANY
MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE LAW DOES
NOT REQUIRE THE CITY CLERK TO TRANSCRIBE VERBATIM MINUTES; THEREFORE, THE APPLICANT MUST MAKE THE NECESSARY
ARRANGEMENTS WITH A PRIVATE REPORTER (OR PRIVATE REPORTING FIRM) AND BEAR THE RESULTING EXPENSE. (F.S.286.0105)
TO THE MEMBERS OF THE CITY COUNCIL OF NEW PORT RICHEY, FLORIDA
TO THE CITY MANAGER, TO THE CITY CLERK, TO THE DEPARTMENT HEADS, TO THE CITY ATTORNEY, TO THE
CITY ENGINEER OF SAID CITY
Notice is hereby given that I, Rob Marlowe, Mayor-Councilmember of New Port Richey, Florida, do hereby call a SPECIAL
MEETING of the City Council of New Port Richey, Florida at 7:00 PM on Wednesday, September 23, 2015, at City Hall, 5919
Main Street, New Port Richey, Florida.
ORDER OF
BUSINESS
1
Call to Order – Roll Call
2
Pledge of Allegiance
3
Moment of Silence
4
Business Items
a.
b.
c.
d.
e.
f.
Page 1
Approval of the September 9, 2015 City Council Special Meeting Minutes and the September 15,
2015 Regular Meeting Minutes, Page 3
Public Hearing on Final Millage Rate and Resolution 2015-18, Page 11
Approval of CRA Budget and Resolution 2015-19, Page 13
Public Hearing on Budget and Resolution 2015-20, Page 18
Public Hearing on Streetlight Assessments and Resolution 2015-15, Page 20
Public Hearing on Stormwater Assessment and Resolution 2015-16, Page 27
g.
h.
Resolution 2015-22: Consolidated Fees, Page 34
2016 Legislative Delegation Priorities, Page 51
5
Communications
6
Adjournment
Agendas may be viewed on the City's website: www.citynpr.orgThis meeting is open to the public. In accordance with the Americans with Disabilities Act
of 1990 and Section 286.26, Florida Statutes, all persons with disabilities needing special accommodations to participate in this meeting should contact the
City Clerk, 727-853-1024, not later than four days prior to said proceeding.
Page 2
NOTICE
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NEW PORT RICHEY
WILL BE HELD ON
Wednesday, September 9, 2015 AT 7:00 PM
NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS
5919 MAIN STREET, NEW PORT RICHEY, FLORIDA
ORDER OF
BUSINESS
1
VIDEO
Call to Order – Roll Call
The meeting was called to order by Mayor Rob Marlowe at 7:03 pm. Those in attendance were Deputy
Mayor Bill Phillips, Councilman Chopper Davis, Councilman Jeff Starkey, and Councilwoman Judy DeBella
Thomas.
Also in attendance were City Manager Debbie Manns, City Clerk Doreen Summers, Finance Director Peter
Altman, Chief of Police Kim Bogart, Library Director Susan Dillinger, Assistant Finance Director Crystal
Dunn, Development Director Lisa Fierce, Fire Chief Chris Fitch, Economic Development Director Mario
Iezzoni, Public Works Director Robert Rivera, Parks and Recreation Director Elaine Smith, Technology
Solutions Director Bryan Weed, and Human Resources Manager Bernie Wharran.
2
VIDEO
Pledge of Allegiance
3
VIDEO
Moment of Silence
A moment of silence was held to honor American servicemen and -women serving at home and abroad.
None coming forward for Vox Pop, Mayor Marlowe returned the floor to Council.
4
Business Items
VIDEO
a.
Resolution 2015-23: Authorizing/Approving Mayor to Execute Amendment #1 - Agreement to
Particpate in CDBG/HOME/ESG
None coming forward for public comment, Mayor Marlowe returned the floor to Council.
Motion made by Bill Phillips and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
b.
Amendment #1 to Cooperation Agreement Between City and Pasco County for CDBG, HOME and
ESG Programs
None coming forward for public comment, Mayor Marlowe returned the floor to Council.
Motion made by Bill Phillips and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
Page 3
c.
First Budget Public Hearing, Page 3
Finance Director Altman read the following statement into the record.
"Florida Statute 200.065(2)(C)1 prescribes that Council adopt the millage rate prior to adopting the
2015-2016 budget. A notification regarding the Public Hearing has been provided to every property
owner in the City by the Pasco County Property Appraiser's Office. This notification in the form of
the Truth in Millage (TRIM) notice was mailed the week of August 9, 2015. Action requested is to
adopt Resolution 2015-13.
“The name of the taxing authority is the City of New Port Richey. The tentative millage rate of 9.5
mills is 1.76% less than the roll-back rate of 9.67 mills. Total ad valorem revenues that will be
generated are $4,754,168; that is approximately $109,350 more than what was generated in ad
valorem in FY 14-15 due to the increase of property values. The millage rate is 9.50 and is not an
increase from the prior year.
“Although the statute requires discussion regarding the percent increase over the rolled back rate and
specific purposes for which ad valorem is being increased, for the record, in our case neither apply.
“It is requested that the Mayor invite public comment on the millage at this time."
None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was
made by Councilman Starkey, and seconded by Councilwoman DeBella Thomas, to approve
Resolution 2015-13 (Adopting the Tentative Operating Millage Rate). The motion passed
unanimously at 7:24 pm.
None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was
made by Deputy Mayor Phillips, and seconded by Councilwoman DeBella Thomas, to approve
Resolution 2015-14 (Adopting the Tentative Operating Budget). The motion passed 4:1 with
Councilman Davis opposed at 9:09 pm. City Manager Manns was directed to define the Assistant to
the Manager and Main Street Program Manager duties, and to examine lowering the proposed millage
rate.
5
VIDEO
Communications
Councilman Starkey reported his attendance at the Friends of the Hacienda and Historic New Port Richey
ribbon-cutting ceremony, and stated his pleasure with the Sims Park construction progress. He advised a
strong police presence in the completed park. He displayed a photo of a large dead tree dumped by
landscapers at a vacant house on Avery Road. Mr. Starkey commented that The West Pasco Historical
Society's 25-year lease allowed them to object to the decrease in the size of their property to allow for the
Sims Park parking lot, and voiced his displeasure with their objections.
Councilwoman DeBella Thomas commented that the City used to give citizens awards for reporting illegal
landscaper dumping, and suggested that such awards be reinstated. She agreed with Councilman Starkey
regarding the Historical Society. She reminded those assembled of the Johnny Grits and Cornerstone Pizza
ribbon-cutting ceremony Thursday at 11:30 am, and the 9-11 memorial service Friday at 7:00 pm.
Mayor Marlowe reported his attendance at the Friends of the Hacienda and Historic New Port Richey
ribbon-cutting ceremony and at the US 19 median discussions. He agreed with Councilman Starkey
regarding the Historical Society, and suggested that all of Sims Park's grass areas be curbed so that lawn
parking could no longer take place.
Deputy Mayor Phillips commented that the Historical Society situation was unfortunate, but that he was
confident that the issue would be resolved. He noted that Pasco County and surrounding communities were
imitating New Port Richey's revitalization efforts.
Councilman Davis stated that the City needed to promote its revitalization efforts more strongly. He pointed
Page 4
out that the Sims Lane construction lights were inoperative at night. Regarding the Historical Society, he felt
that certain members were not considering the City as a whole, possibly because they lived some distance
away from New Port Richey and were therefore not invested in the community. He suggested city-resident
members and City staff discuss the issue with them further.
6
Adjournment
There being no further business to consider, upon proper motion, the meeting adjourned at 9:25 pm.
(signed) ______________________________________
Doreen M. Summers, CAP-OM, CMC, City Clerk
Approved: ____________________ (date)
Initialed: ____________________
Page 5
MINUTES OF THE CITY COUNCIL REGULAR MEETING
CITY OF NEW PORT RICHEY
NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS
5919 MAIN STREET, NEW PORT RICHEY, FLORIDA
September 15, 2015
7:00 PM
ORDER OF
BUSINESS
VIDEO
1.
Call to Order – Roll Call
The meeting was called to order by Deputy Mayor Bill Phillips at 7:00 pm. Those in attendance were
Councilman Chopper Davis, Councilman Jeff Starkey, and Councilwoman Judy DeBella Thomas.
Mayor Rob Marlowe attended electronically.
Also in attendance were City Manager Debbie Manns, City Attorney Joseph Poblick, City Clerk
Doreen Summers, Finance Director Peter Altman, Chief of Police Kim Bogart, Development Director
Lisa Fierce, Fire Chief Chris Fitch, Economic Development Director Mario lezzoni, Public Works
Director Robert Rivera, Assistant Library Director Ann Scott, Parks and Recreation Director Elaine
Smith, and Technology Solutions Director Bryan Weed.
VIDEO
2
Pledge of Allegiance
VIDEO
3
Moment of Silence
A moment of silence was held to honor American servicemen and -women serving at home and abroad.
VIDEO
VIDEO
4
Approval of the August 25, 2015 City Council Work Session and the September 1, 2015 Regular City
Council Meeting Minutes
Motion made by Jeff Starkey and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
5
Proclamation: Florida City Government Week
VIDEO
6
Proclamation: Manny Pumariega, Retirement
VIDEO
7
Presentation, Hennessy Construction: Sims Park Update
Page 6
The Sims Park project is progressing on time, and a late December - early January completion date is
planned. No action was required.
Upon opening the floor to public comment, City resident Bob Smallwood was informed that although
portions of the park would be opened for various events such as Bike Fest, the park would close again
after the events until renovations were completed. Chamber of Commerce President Chip
Wichmanowski thanked the City for assistance in holding the Bike Fest, and asked to be able to use the
Baptist Church property for parking.
VIDEO
8
Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda
Upon opening the floor for Vox Pop, Indian Rocks Beach resident Don House reported that the
Jasmine Lake property was being purchased by the City. He noted that blogs and posts identified New
Port Richey with drugs and prostitutes, and suggested that the City address these core problems and
issues instead of focusing on landlords and property appearances.
Greater New Port Richey Main Street representative Bob Smallwood reminded those assembled of the
8th annual CoteeMan Triathlon, to be held November 14. City resident Paul Black thanked the City for
the traffic directions eastbound at Main Street and U.S. 19. None else coming forward, Deputy Mayor
Phillips returned the floor to Council.
Councilman Starkey remarked on what he felt was Mr. House's misconception regarding the
City's lack of focus on crime. He stated that progress was being made in those areas via raids and
actions that were, by their nature, not advertised to the public. Councilwoman DeBella Thomas also
commented on the police raids, and suggested that the fire and police departments take part in the
November triathlon.
VIDEO
9
Consent Agenda
VIDEO
a
Budget Amendments, Purchase Payments and Recurring Expenses
Motion made by Rob Marlowe and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
10
Public Reading of Ordinances
a
Second Reading, Ordinance 2015-2043: Moratorium on Uses
City Attorney Poblick read the proposed ordinance by title only, noting that the ordinance's 6-month
moratorium permitted staff to develop zoning districts for the businesses mentioned. Upon opening
the floor to public comment, City resident Bob Smallwood suggested that call centers be added to the
list of businesses. None else coming forward for public comment, Deputy Mayor Phillips returned the
floor to Council.
Councilman Starkey moved to accept the ordinance at first reading, with the addition of call centers
and the removal of tattoo/body piercing parlors, which he felt had achieved mainstream status. Deputy
Mayor Phillips and Council members DeBella Thomas and Davis opined that, since the moratorium
was only for 6 months, that the ordinance could stand as written. There was no second to the motion.
Councilman Davis moved to accept the ordinance as written.
Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 4-1.
Ayes: Marlowe, Phillips, Davis, DeBella Thomas. Nays: Starkey.
VIDEO
b
First Reading, Ordinance #2015-2052: Downtown Core Future Land Use Category
City Attorney Poblick read the proposed ordinance by title only. None coming forward for public
comment, Deputy Mayor Phillips returned the floor to Council.
Page 7
Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0.
Ayes: Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
c
First Reading, Ordinance #2016-2061: Evaluation and Appraisal-Based Amendments to the
Comprehensive Plan
City Attorney Poblick read the proposed ordinance by title only. None coming forward for public
comment, Deputy Mayor Phillips returned the floor to Council.
Motion made by Judy DeBella Thomas and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
11
Business Items
VIDEO
a
Alcoholic Beverage Special Event Permit - Cotee River Bike Fest 2015
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Councilman Davis requested that the event's vendors not block Railroad Square businesses.
Motion made by Chopper Davis and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
b
Amendment to the Professional Services Agreement for the Recreation & Aquatic Center Expansion
Project
Councilman Davis moved that the amendment be tabled to a work session so that a pro forma market
analysis/business plan/return on investment could be devised and studied by Council before agreeing
to the amendment.
Upon opening the floor to public comment, City resident Paul Black asked the City to research an
indoor walking track. City resident Lou Parrillo agreed with Mr. Davis's assessment, stating that such
amounts might be better spent elsewhere when it was not known whether such an expenditure would
positively affect Center attendance. None else coming forward for public comment, Deputy Mayor
Phillips returned the floor to Council. There was no second.
Councilman Starkey moved to approve the amendment in order to create a business analysis and
marketing plan.
Motion made by Jeff Starkey and seconded by Judy DeBella Thomas. The Motion Passed. 4-1. Ayes:
Marlowe, Phillips, Starkey, DeBella Thomas. Nays: Davis.
c
Deductive Change Order for the Sims Park Improvement Project
Pulled from the agenda for resubmission at a later date.
VIDEO
d
Consideration of Disposal of Surplus Property for Auction
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0.
Ayes: Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
e
Request for Authorizaton to Purchase Two Replacement Vehicles
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Motion made by Chopper Davis and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
Page 8
VIDEO
f
Request to Purchase Two In-Car Camera Systems
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0.
Ayes: Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
g
Request to Replace LiveScan Fingerprinting Device
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0.
Ayes: Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
h
Request to Purchase Night Vision Equipment
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0.
Ayes: Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
i
Bid Award 15-024: Kayak Launch, James E. Grey Preserve
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Parks and Recreation Department Director Smith stated that the Frances Avenue Park launch was on
hold until the Sims Park launch was finished, and that the James E. Grey Preserve launch should be
complete in November. Councilman Davis asked for a resident comment/contact board at the Grey
Preserve launch site.
Motion made by Judy DeBella Thomas and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
j
Renewal Agreement for Professional Engineering and Consulting Services (Florida Design
Consultants, Inc.)
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0.
Ayes: Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
k
Resolution 2015-22: Comprehensive Fee Schedule
City Attorney Poblick read the proposed resolution by title only. None coming forward for public
comment, Deputy Mayor Phillips returned the floor to Council. Councilman Davis, seconded by
Councilman DeBella Thomas, moved to exclude the mention of a one-time use for horse-drawn
vehicles; motion failed 0:5. Councilman Davis then motioned to table the resolution until proper
wording for a free-of-charge one-time use could be devised.
Motion made by Chopper Davis and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
l
14/15 Roadway Damage Reconstruction Project - Emergency Repairs
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council.
Deputy Mayor Phillips asked that the intersection at Louisiana Avenue and Congress Street be
prioritized.
Motion made by Chopper Davis and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes:
Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
m
Page 9
Request to Purchase AV Upgrades for Council Chambers
VIDEO
None coming forward for public comment, Deputy Mayor Phillips returned the floor to Council. In
response to Councilwoman DeBella Thomas's query, Director Weed stated that the upgrades would
function along with the current equipment, and would improve overall video quality.
Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0.
Ayes: Marlowe, Phillips, Davis, Starkey, DeBella Thomas.
VIDEO
n
Two-Item Department Updates
No action was required.
VIDEO
12
Communications
Councilwoman DeBella Thomas thanked the City for staging the 9-11 memorial service, and reported
the National Governor's visit to the Holiday Rotary. Mayor Marlowe thanked the 9-11 service's
participants and reminded those assembled of the upcoming weekend's Cotee River Cleanup.
Councilman Davis reported his attendance at the First Responders' program, and requested a work
session for the Recreation and Aquatic Center. He enlisted Director Smith, City Manager Manns,
Director Iezzoni, and himself to provide a numbers analysis along with a pro forma for the session.
Councilmen Davis and Starkey thanked Heather Fiorentino for her presence at the memorial service.
Councilman Starkey thanked Bob Langford for his assistance with discussing parking changes with the
West Pasco Historical Society, stating that the Sims Park improvements will have a positive result for
their organization. Regarding the City lawn parking issue, Mr. Starkey stated that the City was indeed
paying attention to the local crime problem, and that citizens needed to be more involved regarding
calling to report crime or criminal activity. Finally, he commended Gulf Middle School, along with
other schools, on their positive changes. He recommended that Council members contact Gulf Middle
School Principal Jones to arrange a tour.
City Attorney Poblick announced his future Pasco Legislative Delegation attendance, and asked
Council to submit their talking points recommendations.
Deputy Mayor Phillips asked City Manager Manns to send a thank-you letter to Heather Fiorentino
from the City Council, and reminded those assembled of the November 7 Walk Through Downtown
with the City Council. The Morton Plant North Bay celebration would take place in October, and
public Hacienda tours would be offered Friday and Saturday, October 23 and 24.
VIDEO
13
Adjournment
There being no further business to consider, upon proper motion, the meeting adjourned at 10:00 pm.
(signed) ______________________________________
Doreen M. Summers, CAP-OM, CMC, City Clerk
Approved: ____________________ (date)
Initialed: ____________________
Page 10
.
.
TO:
City of New Port Richey City Council
FROM:
Peter Altman, Finance Director
DATE:
9/23/2015
RE:
Public Hearing on Final Millage Rate and Resolution 2015-18, Page 11
REQUEST:
Hold a Public Hearing to allow for input on the Millage Rate. After the Public Hearing, the City Council will adopt a
millage rate which will establish the amount of ad valorem taxes to be assessed on the tax roll and set the amount of
revenue to be provided to the City's General Fund and also the amount to be provided to the CRA for redevelopment
activities.
DISCUSSION:
At the initial Public Hearing on the budget, the City Council asked staff to identify areas of the budget that could be
trimmed to provide for a reduction of the millage rate. At the meeting, staff will have alternatives for the City Council
to consider. After discussion, it will be up to the City Council to set the millage rate for the 2015/2016 Fiscal Year.
RECOMMENDATION:
Adopt a millage rate to provide for the opportunity for the City to proceed with its budget process.
BUDGET/FISCAL IMPACT:
This will establish the amount of property taxes to be available for budget purposes.
ATTACHMENTS:
Description
Resolution 2015-18 Adopting the Millage Rate
Page 11
Type
Resolution Letter
RESOLUTION NUMBER 2015-18
A RESOLUTION OF THE CITY OF NEW PORT RICHEY, OF PASCO COUNTY,
FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR ALL NONEXEMPT REAL AND PERSONAL PROPERTY IN NEW PORT RICHEY, PASCO
COUNTY, FLORIDA, FOR FISCAL YEAR 10/01/2015 – 9/30/2016; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of New Port Richey, Pasco County, Florida, on September
23, 2015, adopted Fiscal Year Final Millage Rates following a public hearing as required by Florida Statute
200.065;
WHEREAS, the City Council of New Port Richey, Pasco County, Florida, held a public hearing as required
by Florida Statutes 200.065; and
WHEREAS, the gross taxable value for operating purposes not exempt from taxation within the City of
New Port Richey, Pasco County, Florida has been certified by the County Property Appraiser to the City of
New Port Richey as $500,438,697.
NOW, THEREFORE, BE IT RESOLVED, by the City of New Port Richey, of Pasco County, Florida, that;
1. The FY 10/01/2015-9/30/2016 operating millage rate is ____ mills, which is less than the rolledback rate of 9.67 mills by _____%.
2. There is no voted debt service millage.
3. The resolution will take effect immediately upon its adoption.
th
DULY ADOPTED at a public hearing this 23 Day of September 2015.
Time Adopted ___PM
(SEAL) (ATTEST)
CITY OF NEW PORT RICHEY
__________________________________
Doreen M. Summers, CAP-OM, CMC
City Clerk
__________________________________
Rob Marlowe
Mayor-Councilman
Approved as to legal form and content:
_________________________________
Joseph Poblick
City Attorney
ATTEST:
Resolution adopting the final millage rate will be forwarded to the property appraiser, tax collector, and
Department of Revenue within three days after adoption.
Page 1 of 1 page
Page 12
.
.
TO:
City of New Port Richey City Council
FROM:
Peter Altman, Finance Director
DATE:
9/23/2015
RE:
Approval of CRA Budget and Resolution 2015-19, Page 13
REQUEST:
Consider the attached budget for the CRA which includes the change requested at the last meeting as well as some
minor adjustments to be presented at the meeting. The budget will need to be adjusted to comply with the County Tax
Rate and also with the rate that will be set immediately prior to the CRA discussion. Staff will be prepared to provide
those numbers on the spot to further refine the budget.
DISCUSSION:
Discuss the Budget as presented.
RECOMMENDATION:
Consider the Budget as recommended by the CRA and make changes as determined from the discussion.
BUDGET/FISCAL IMPACT:
The amount of funds to be loaned as provided for in the Interlocal agreement are the only revenue source of the CRA
that is not set by law.
ATTACHMENTS:
Description
Resolution 2015-19
Page 13
Type
Resolution Letter
RESOLUTION NUMBER 2015-19
A RESOLUTION OF THE CITY COUNCIL OF NEW PORT RICHEY,
ADOPTING THE 2015-2016 OPERATING BUDGET AND THE 2015-2016
FIVE YEAR WORK PROGRAM FOR THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF NEW PORT RICHEY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Community Redevelopment Agency of New Port Richey, Florida will receive
approximately $_____________ in tax increment funds during the upcoming fiscal year from the City Council
of New Port Richey and from the Board of County Commissioners of Pasco County; and
WHEREAS, the Community Redevelopment Agency of New Port Richey, Florida, is obligated to pay
the debt service it has incurred and lacks funding to continue any major programs; and
WHEREAS, the Community Redevelopment Agency of New Port Richey, Florida, has established
the goal of honoring its debt service obligations and these activities are consistent with Section 163, Part Ill of
the Florida Statutes; and
WHEREAS, the Community Redevelopment Agency of New Port Richey, Florida wishes to establish
a budget for the planning and control of public expenditure for redevelopment activities conducted by the
Agency during the upcoming fiscal year in the amount of $_______________.
NOW, THEREFORE, be it resolved by the City Council of the City of New Port Richey, Florida,
as follows:
SECTION 1. That the budget of said Community Redevelopment Agency for the 2015-2016 fiscal
year as attached hereto as Exhibit "A" and incorporated herein by reference be and the same is hereby
adopted and recommended for inclusion into the budget of the City.
DONE AND RESOLVED this 23th day of September, 2015.
(SEAL)
(ATTEST)
Doreen M. Summers
City Clerk
Robert Marlowe
Mayor- Councilmember
APPROVED AS TO LEGAL FORM AND CONTENT
By ______________________________________________
Joseph Poblick, City Attorney
Page 14
EXHIBIT A1
FUND: Community Redevelopment Agency (CRA) (A Dependent Special District)
ACCT#: 630-0000
REVENUE
CODE
CLASSIFICATION
311-10 Current Ad Valorem Taxes
331-54 Community Development Block Grant
341-31 Administrative Fees
354-10 Code Enforcement Fines
354-11 Lot Clearing/Mowing Fines
361-10 Interest On Investments
361-20 Interest - S.B.A.
361-25 Interest - FMIvT
366-90 Contributions & Donations
369-90 Other Miscellaneous Revenue
Trans Fr Debt Service Fund - Proceeds
381-10 Trans Fr General - Tax Increment
381-60 Trans Fr Capital Impr. Fund
389-90 Prior Yr Fund Bal-Unassigned
REDEVELOPMENT FUND REVENUES
381-11 Repayable Advance from General Fund
INTERGOVERNMENTAL ADVANCE
REDEVELOPMENT FUND REVENUES
ACTUAL
FY 12-13
506,204
0
0
5,600
0
(2,206)
1,729
127
1,551
123,200
0
709,208
13,678
0
1,359,091
ACTUAL
FY 13-14
489,124
0
0
(10,081)
(219)
(1,173)
335
0
40,000
838
0
632,285
205,000
0
1,356,109
AMENDED
BUDGET
FY 14-15
556,260
288,000
0
0
0
0
0
0
0
0
0
719,560
450,000
107,020
2,120,840
0
1,359,091
0
1,356,109
0
2,120,840
1
Page 15
ESTIMATE
FY 14-15
556,261
0
0
0
0
0
0
0
0
0
0
719,554
0
0
1,275,815
803,656
803,656
2,079,471
BUDGET
FY 15-16
643,947
0
0
0
0
0
0
0
0
0
5,029,000
825,090
0
0
6,498,037
503,859
503,859
7,001,896
EXHIBIT A2
FUND:
ACCT#:
ACCOUNT
CODE
11-11
12-10
15-11
15-12
21-11
22-11
23-11
23-12
23-13
24-26
31-11
31-29
31-81
31-99
34-22
34-61
40-11
41-34
42-11
43-11
43-31
43-51
43-73
43-81
45-21
46-11
46-12
46-13
49-11
49-52
49-99
51-11
54-11
54-61
Community Redevelopment Agency (CRA) (A Dependent Special District)
630-0080-515
CLASSIFICATION
Department Head Salaries
Regular Exempt Salaries
Employee Appreciation Incentive
Gas/Car Allowance
Social Security Matching
Florida Retirement System
Group Health Insurance
Group Life Insurance
Accidental Death - AD & D
W/C Clerical
TOTAL PERSONAL SERVICES
City Attorney Services
Engineering Services - Miscellaneous
Professional Services - Planning
Professional Services - Miscellaneous
Advertising/Marketing Consultant
Main Street Grant Award
Travel and Training
Data Lines
Postage
Electric - City Facilities
Trash Removal
Water and Sewer - City
Street Light Fee
Stormwater Assessment
Buildings and Contents Insurance
Maintenance - Buildings and Grounds
Repairs - Hacienda Hotel
Repairs - Old Post Office
Legal Advertising
Redevelopment Incentives
Residential Incentives
Other Current Charges - Miscellaneous
Office Supplies - General
Dues and Memberships
Books and Publications
TOTAL OPERATING EXPENSES
63-53
63-41
64-18
Main St Landings Streetscape
Commercial Area Improvements(parking)
Computer & Software with Printer
TOTAL CAPITAL OUTLAY
71-21
71-23
71-24
72-21
72-23
72-24
Principal Pmts-Redevelopment Note A
Principal Pmts-Redevelopment Note B
Principal Pmts-CRA Share Debt Service
Interest Pmts-Redevelopment Note A
Interest Pmts-Redevelopment Note B
Interest Pmts-CRA Share Debt Service
TOTAL DEBT SERVICE
58191-51
91-52
TRANSFERS
Transfer to General Fund-Administrative
Transfer to General Debt Service
TOTAL TRANSFERS
58494-21
94-24
RESERVES
Reserves - Contingency
Reserves-Future Incentives/Const.
TOTAL RESERVES
REDEVELOPMENT FUND EXPENDITURES
ACTUAL
FY 12-13
0
0
0
0
0
0
0
0
0
0
0
2,730
0
0
90,288
0
10,000
0
166
0
4,319
317
4,533
768
3,582
21,571
1,514
30,942
11,957
0
0
0
1,838
0
990
0
185,515
13,678
0
0
13,678
403,000
403,000
0
278,388
278,569
0
1,362,957
0
667,261
667,261
0
2,229,411
2
Page 16
ACTUAL
FY 13-14
63,285
25,142
100
2,750
6,628
7,320
7,182
24
3
0
112,434
9,319
37,663
3,500
94,380
0
10,000
395
244
2
10,569
470
4,940
768
3,523
17,174
6,851
17,475
37,966
0
0
0
3,287
298
495
0
259,319
250,389
0
4,500
254,889
0
419,000
0
0
261,925
0
680,925
AMENDED
BUDGET
FY 14-15
0
0
0
0
0
0
0
0
0
0
0
3,500
0
30,000
65,000
40,000
10,000
0
0
0
12,600
1,350
5,000
770
3,590
23,060
1,500
2,400
2,400
2,400
0
0
2,400
0
0
0
205,970
0
588,000
0
588,000
0
436,000
0
0
244,620
0
680,620
0
485,450
0
485,450
0
1,307,567
10,800
0
10,800
1,970,840
ESTIMATE
FY 14-15
0
0
0
0
0
0
0
0
0
0
0
4,495
0
30,000
65,000
40,000
10,000
BUDGET
FY 15-16
0
33,500
50
0
2,563
2,329
6,180
48
12
140
44,822
5,000
0
30,000
85,000
10,000
0
14,000
2,385
5,500
770
3,590
23,060
4,200
20
26,000
500
0
0
2,400
0
0
0
231,920
0
0
0
0
437,000
436,000
0
244,481
244,620
0
1,362,101
800
0
50
16,000
0
6,300
770
3,590
25,366
0
0
0
500
600,000
150,000
2,400
500
350
75
936,701
0
1,500,000
2,600
1,502,600
0
0
0
18,873
18,885
595,833
633,591
485,450
505,182
485,450
505,182
0
2,079,471
3,529,000
3,529,000
7,151,896
EXHIBIT A3
Five (5) Year Capital Equipment/Improvement Plan
Community Redevelopment Agency
Account
Code
63-41
Description
Commercial Area Improvements
Hacienda Hotel
Total
Computer Software Printer
Total Redevelopment
F. Y.
2015-16
F. Y.
2016-17
F. Y.
2017-18
1,500,000
800,000
2,300,000
2,600
2,302,600
1,500,000
1,500,000
800,000
1,500,000
1,500,000
800,000
0
1,500,000
1,500,000
800,000
0
3
Page 17
F. Y.
2018-19
F. Y.
2019-20
.
.
TO:
City of New Port Richey City Council
FROM:
Peter Altman, Finance Director
DATE:
9/23/2015
RE:
Public Hearing on Budget and Resolution 2015-20, Page 18
REQUEST:
Hold the required Public Hearing and take comments regarding the fiscal year 2015/2016 Budget. After the Hearing,
the City Council is requested to adopt Resolution 2015-20 establishing a Budget for the next fiscal year.
DISCUSSION:
All of the steps have been taken to follow the process for establishing the City's Budget for next fiscal year. TRIM
notices were sent and the advertisement in the newspaper will be confirmed at the meeting as it must be placed within
2 to 5 days from the meeting. The City budget is below the rolled back rate and has been developed using forecasts
from the State of Florida of State Revenues and from the examination of the year to date results for the current year.
Staff will be prepared to answer any questions. A copy of the proposed budget is available for review on the City
Website.
RECOMMENDATION:
After consideration of the Public Comments and discussion among the City Council, action to approve a budget and
the associated Resolution 2015-20 is recommended.
BUDGET/FISCAL IMPACT:
This will set the budget for next fiscal year.
ATTACHMENTS:
Description
Resolution 2015-20 Budget for 2015-2016
Page 18
Type
Resolution Letter
Resolution Number 2015-20
A RESOLUTION OF THE CITY OF NEW PORT RICHEY OF PASCO COUNTY, FLORIDA, ADOPTING THE FINAL
OPERATING BUDGET FOR FISCAL YEAR 2015-2016 AND THE CAPITAL IMPROVEMENT PROGRAM FOR
FISCAL YEAR 2015-2016; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of New Port Richey of Pasco County, Florida, on September 23, 2015, held a
public hearing as required by Florida Statute 200.065; and
WHEREAS, the City of New Port Richey of Pasco County Florida, set forth the appropriations and
revenue estimate for the Operating Budget for Fiscal Year 2015-2016 in the amount of $____________.
NOW, THEREFORE, BE IT RESOLVED by the City of New Port Richey of Pasco County, Florida,
that:
1. The Fiscal Year 2015-2016 Final Operating Budget be adopted.
2. The Fiscal Year 2015-2016 Final Capital Improvement Program be adopted.
3. This resolution will take effect immediately upon its adoption.
DULY ADOPTED at a public hearing this 23th Day of September 2015.
Time Adopted ____PM
(SEAL) (ATTEST)
CITY OF NEW PORT RICHEY
__________________________________
Doreen M. Summers, CAP-OM, CMC
City Clerk
________________________________
Rob Marlowe
Mayor-Councilman
Approved as to legal form and content:
_________________________________
Joseph Poblick
City Attorney
Page 19
.
.
TO:
City of New Port Richey City Council
FROM:
Peter Altman, Finance Director
DATE:
9/23/2015
RE:
Public Hearing on Streetlight Assessments and Resolution 2015-15, Page 20
REQUEST:
Hold a Public Hearing for the benefit of any property owners who have made improvements to real property and
therefore have become subject to this assessment for the first time.
DISCUSSION:
As the Council will recall from last year, Advertisement of a Public Hearing levying Assessments to properties for the
first time are required. After a review of the records, a mailing was done informing those property owners of a public
hearing to allow them to address the City Council regarding the assessments to their properties. The rate per
equivalent residential unit (ERU) has not changed as per the plan adopted by the City Council when the rates were last
updated.
RECOMMENDATION:
Hold the Public Hearing and after closing the Hearing move to adopt the Assessment Roll as per Resolution 2015-15.
BUDGET/FISCAL IMPACT:
This assessment represents all non-governmental assessments.
ATTACHMENTS:
Description
Resolution 2015-15 Streetlight
Page 20
Type
Resolution Letter
RESOLUTION NO. 2015-15
A RESOLUTION OF THE CITY COUNCIL OF NEW PORT
RICHEY, FLORIDA, APPROVING THE FISCAL YEAR
2015-16 NON-AD VALOREM ASSESSMENT ROLL FOR
STREET
LIGHTING
SERVICES;
DIRECTING
CERTIFICATION OF THE ASSESSMENT ROLL TO THE
PASCO COUNTY TAX COLLECTOR; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF NEW PORT RICHEY,
FLORIDA, AS FOLLOWS:
SECTION 1.
AUTHORITY.
This resolution of the City Council (the
“Council”) of the City of New Port Richey, Florida (the "City") is adopted pursuant to
Section 2.08 of City Ordinance No. 2012-1985 (the “Assessment Ordinance”), Chapter
197, Florida Statutes, and other applicable provisions of law.
SECTION 2.
DEFINITIONS. This Resolution is the Annual Assessment
Resolution for Street Lighting Services for the Fiscal Year commencing October 1, 2015
("Fiscal Year 2015-16"). All capitalized terms not otherwise defined in this Resolution
shall have the meanings set forth in the Assessment Ordinance and City Resolution No.
2012-11 (as ratified and confirmed by a resolution adopted on July 17, 2012, the "Initial
Assessment Resolution").
SECTION 3.
FINDINGS.
It is hereby ascertained, determined and
declared as follows:
(A)
Through adoption of the Initial Assessment Resolution, the Council
provided for the annual imposition of Street Lighting Assessments to fund Street
Lighting Services providing a special benefit to the real property located within the City.
(B)
Pursuant to Section 2.08 of the Assessment Ordinance, the Council is
required to adopt an Annual Assessment Resolution approving the Street Lighting
Assessment Roll for each Fiscal Year.
Page 21
(C)
The Council wishes to hereby confirm and approve the Street Lighting
Assessment Roll previously approved by the Initial Assessment Resolution, and to direct
certification of same to the Tax Collector for collection of the Assessments in November,
2015.
(D)
The Council conducted a public hearing on September 23, 2015, to consider
approval and adoption of the Street Lighting Assessment Roll for Fiscal Year 2015-16 and
to receive comments from the owners of real property not previously subject to the Street
Lighting Assessments, as required by Section 2.08 of the Assessment Ordinance. During
such public hearing, objections and comments of all interested persons were heard and
considered.
(E)
Notice of such public hearing has been provided in accordance with the
requirements of Section 2.08 of the Assessment Ordinance.
Proof of publication is
attached hereto as Appendix A and an affidavit regarding the mailing of notice is
attached hereto as Appendix B.
(F)
The Street Lighting Assessment Roll for Fiscal Year 2015-16 has heretofore
been made available for inspection by the public.
(G)
The Assessments are imposed by the City, not the Property Appraiser or
Tax Collector.
Any activity of the Property Appraiser or Tax Collector under the
provisions of this Resolution shall be construed solely as ministerial.
SECTION 4.
APPROVAL AND CERTIFICATION OF ASSESSMENT
ROLL.
(A)
The Street Lighting Service Cost for Fiscal Year 2015-16 is approximately
$386,224. The Street Lighting Assessment Roll for Fiscal Year 2015-16, a copy of which is
on file with the City Clerk and incorporated herein by reference, is hereby confirmed and
approved based upon a rate of $36.24 per ERU.
(B)
The Finance Director certified the foregoing assessment roll to the Tax
Collector on September 18, 2015. The assessment roll was delivered to the Tax Collector,
2
Page 22
accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the
form attached hereto as Appendix C.
The Finance Director is hereby authorized and
directed to reconcile that roll with any modifications required as a result of the City
Council action with reference to properties that are to be assessed the first time and for
whom today’s public hearing has been held. Notwithstanding anything herein to the
contrary, Assessments imposed against Government Property shall be direct billed in
accordance with Section 3.04 of the Assessment Ordinance.
SECTION 5.
SEVERABILITY.
If any clause, section, or other part of this
resolution shall be held by any court of competent jurisdiction unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way affects the validity of the other provisions in this resolution.
SECTION 6.
EFFECTIVE DATE.
This Resolution shall take effect
immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 23rd day of September, 2015.
CITY COUNCIL OF NEW PORT
RICHEY, FLORIDA
(SEAL)
Attest:
By:
By:
Rob Marlowe, Mayor
____
Doreen M. Summers, CAP-OM, CMC
City Clerk
APPROVED AS TO LEGAL FORM AND CONTENT
By________________________________________________________
Joseph Poblick, City Attorney
3
Page 23
APPENDIX A
PROOF OF PUBLICATION
A-1
Page 24
APPENDIX B
AFFIDAVIT OF MAILING
BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn
depose and say:
"City").
(1)
Peter A. Altman is Finance Director for the City of New Port Richey, Florida (the
(2)
On or before August 29, 2015, I facilitated and directed the mailing of notices
in accordance with Section 2.08 of City Ordinance No. 2012-1985 (the "Assessment
Ordinance") regarding a public hearing to consider the annual imposition of Street Lighting
Assessments to the owners of real property not previously subject thereto, at the addresses
shown on the real property assessment tax roll database maintained by the Pasco County
Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
FURTHER AFFIANT SAYETH NAUGHT.
______________________________
Peter A. Altman, affiant
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing Affidavit of Mailing was sworn to and subscribed before me this ___ day
of __________, 2015, by Peter A. Altman. He is personally known to me or has produced
_______________ as identification and did take an oath.
(SEAL)
Printed/Typed Name:
Notary Public-State of
Commission Expires:
B-1
Page 25
APPENDIX C
FORM OF
CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Finance Director of the City of New Port Richey,
Florida (the “City”) and an authorized agent of the City; as such I have satisfied myself that all
property included or includable on the Street Lighting Non-Ad Valorem Assessment Roll for
such City is properly assessed so far as I have been able to ascertain; and that all required
extensions on the above described roll to show the non-ad valorem assessments attributable to
the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act,
this certificate and the herein described Street Lighting Non-Ad Valorem Assessment Roll will
be delivered to the Pasco County Tax Collector by September 18, 2015.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be
delivered to the Pasco County Tax Collector and made part of the above described Non-Ad
Valorem Assessment Roll this _____ day of September, 2015.
NEW PORT RICHEY, FLORIDA
By: ________________________________
Authorized Agent
C-1
Page 26
.
.
TO:
City of New Port Richey City Council
FROM:
Peter Altman, Finance Director
DATE:
9/23/2015
RE:
Public Hearing on Stormwater Assessment and Resolution 2015-16, Page 27
REQUEST:
Hold a Public Hearing for the benefit of any property owners who have made improvements to real property and
therefore have become subject to this assessment for the first time.
DISCUSSION:
As the Council will recall from last year, Advertisement of a Public Hearing levying Assessments to properties for the
first time are required. After a review of the records, a mailing was done informing those property owners of a public
hearing to allow them to address the City Council regarding the assessments to their properties. The rate per
equivalent residential unit (ERU) has not changed as per the plan adopted by the City Council when the rates were last
updated.
RECOMMENDATION:
Hold the Public Hearing and after closing the Hearing move to adopt the Assessment Roll as per Resolution 2015-15.
BUDGET/FISCAL IMPACT:
Action will determine budget for non governmental assessments.
ATTACHMENTS:
Description
Res 2015-16 Stormwater
Page 27
Type
Resolution Letter
RESOLUTION NO. 2015-16
A RESOLUTION OF THE CITY COUNCIL OF NEW PORT
RICHEY, FLORIDA, APPROVING THE FISCAL YEAR
2015-16 NON-AD VALOREM ASSESSMENT ROLL FOR
STORMWATER MANAGEMENT SERVICES; DIRECTING
CERTIFICATION OF THE ASSESSMENT ROLL TO THE
PASCO COUNTY TAX COLLECTOR; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF NEW PORT RICHEY,
FLORIDA, AS FOLLOWS:
SECTION 1.
AUTHORITY.
This resolution of the City Council (the
“Council”) of the City of New Port Richey, Florida (the "City") is adopted pursuant to
Section 2.08 of City Ordinance No. 2012-1985 (the “Assessment Ordinance”), Chapter
197, Florida Statutes, and other applicable provisions of law.
SECTION 2.
DEFINITIONS. This Resolution is the Annual Assessment
Resolution for Stormwater Management Services for the Fiscal Year commencing
October 1, 2015 ("Fiscal Year 2015-16"). All capitalized terms not otherwise defined in
this Resolution shall have the meanings set forth in the Assessment Ordinance and City
Resolution No. 2012-12 (as ratified and confirmed by a resolution adopted on July 17,
2012, the "Initial Assessment Resolution").
SECTION 3.
FINDINGS.
It is hereby ascertained, determined and
declared as follows:
(A)
Through adoption of the Initial Assessment Resolution, the Council
provided for the annual imposition of Stormwater Service Assessments to fund
Stormwater Management Services providing a special benefit to the real property located
within the City.
Page 28
(B)
Pursuant to Section 2.08 of the Assessment Ordinance, the Council is
required to adopt an Annual Assessment Resolution approving the Stormwater Service
Assessment Roll for each Fiscal Year.
(C)
The Council wishes to hereby confirm and approve the Stormwater Service
Assessment Roll previously approved by the Initial Assessment Resolution, and to direct
certification of same to the Tax Collector for collection of the Assessments in November,
2015.
(D)
The Council conducted a public hearing on September 23, 2015, to consider
approval and adoption of the Stormwater Service Assessment Roll for Fiscal Year 2015-16
and to receive comments from the owners of real property not previously subject to the
Stormwater Service Assessments, as required by Section 2.08 of the Assessment
Ordinance.
During such public hearing, objections and comments of all interested
persons were heard and considered.
(E)
Notice of such public hearing has been provided in accordance with the
requirements of Section 2.08 of the Assessment Ordinance.
Proof of publication is
attached hereto as Appendix A and an affidavit regarding the mailing of notice is
attached hereto as Appendix B.
(F)
The Stormwater Service Assessment Roll for Fiscal Year 2015-16 has
heretofore been made available for inspection by the public.
(G)
The Assessments are imposed by the City, not the Property Appraiser or
Tax Collector.
Any activity of the Property Appraiser or Tax Collector under the
provisions of this Resolution shall be construed solely as ministerial.
SECTION 4.
APPROVAL AND CERTIFICATION OF ASSESSMENT
ROLL.
(A)
The Stormwater Service Management Cost for Fiscal Year 2015-16 is
approximately $1,001,548. The Stormwater Service Assessment Roll for Fiscal Year 2015-
2
Page 29
16, a copy of which is on file with the City Clerk and incorporated herein by reference, is
hereby confirmed and approved based upon a rate of $77.36 per ERU.
(B)
The Finance Director certified the foregoing assessment roll to the Tax
Collector on September 18, 2015. The assessment roll was delivered to the Tax Collector,
accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the
form attached hereto as Appendix C.
The Finance Director is hereby authorized and
directed to reconcile that roll with any modifications required as a result of the City
Council action with reference to properties that are to be assessed the first time and for
whom today’s public hearing has been held. Notwithstanding anything herein to the
contrary, Assessments imposed against Government Property shall be direct billed in
accordance with Section 3.04 of the Assessment Ordinance.
SECTION 5.
SEVERABILITY.
If any clause, section, or other part of this
resolution shall be held by any court of competent jurisdiction unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way affects the validity of the other provisions in this resolution.
SECTION 6.
EFFECTIVE DATE.
This Resolution shall take effect
immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 23rd day of September, 2015.
CITY COUNCIL OF NEW PORT
RICHEY, FLORIDA
(SEAL)
Attest:
By:
Rob Marlowe, Mayor
By:
____
Doreen M. Summers, CAP-OM, CMC
City Clerk
APPROVED AS TO LEGAL FORM AND CONTENT
By________________________________________________________
Joseph Poblick, City Attorney
3
Page 30
APPENDIX A
PROOF OF PUBLICATION
A-1
Page 31
APPENDIX B
AFFIDAVIT OF MAILING
BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn
depose and say:
"City").
(1)
Peter A. Altman is Finance Director for the City of New Port Richey, Florida (the
(2)
On or before August 29, 2015, I facilitated and directed the mailing of notices
in accordance with Section 2.08 of City Ordinance No. 2012-1985 (the "Assessment
Ordinance") regarding a public hearing to consider the annual imposition of Stormwater Service
Assessments to the owners of real property not previously subject thereto, at the addresses
shown on the real property assessment tax roll database maintained by the Pasco County
Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
FURTHER AFFIANT SAYETH NAUGHT.
______________________________
Peter A. Altman, affiant
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing Affidavit of Mailing was sworn to and subscribed before me this ___ day
of __________, 2015, by Peter A. Altman. He is personally known to me or has produced
_______________ as identification and did take an oath.
(SEAL)
Printed/Typed Name:
Notary Public-State of
Commission Expires:
B-1
Page 32
APPENDIX C
FORM OF
CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Finance Director of the City of New Port Richey,
Florida (the “City”) and an authorized agent of the City; as such I have satisfied myself that all
property included or includable on the Stormwater Non-Ad Valorem Assessment Roll for such
City is properly assessed so far as I have been able to ascertain; and that all required extensions
on the above described roll to show the non-ad valorem assessments attributable to the
property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act,
this certificate and the herein described Stormwater Non-Ad Valorem Assessment Roll will be
delivered to the Pasco County Tax Collector by September 18, 2015.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be
delivered to the Pasco County Tax Collector and made part of the above described Non-Ad
Valorem Assessment Roll this _____ day of September, 2015.
NEW PORT RICHEY, FLORIDA
By: ________________________________
Authorized Agent
C-1
Page 33
.
.
TO:
City of New Port Richey City Council
FROM:
Peter Altman, Finance Director
DATE:
9/23/2015
RE:
Resolution 2015-22: Consolidated Fees, Page 34
REQUEST:
This item was tabled at the last meeting and staff was directed to bring it back with a solution to the Horse Drawn
Carriage fee provision. In order to put the remaining fees that were previously discussed into place on October 1, we
have removed the charges for the Horse Drawn Carriage completely. As the requirements for receiving a permit for
this activity are embedded in the City's Code of Ordinances, staff will review those requirements and bring back
changes that will allow for this activity to be managed in a manner that will not discourage residents and businesses
from enjoying hayrides and other special occasion events.
DISCUSSION:
The attached Master Schedule represents an improvement in the manner in which the City's fees are communicated to
the public. This process has been codified into the City's ordinances and more closely aligns the review and fee
update process with the City's budget process. The attached schedule has been updated to correct formatting problems
with the last version and removes the fees for Horse and Buggy vendors completely so that a clean and correct version
of the fee structure can be put into place on October 1.
RECOMMENDATION:
Approve Resolution 2015-22 as presented.
BUDGET/FISCAL IMPACT:
Approval will establish the fees for the next fiscal year.
ATTACHMENTS:
Description
Res 2015-22 Fees
Page 34
Type
Resolution Letter
RESOLUTION 2015-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW PORT
RICHEY, FLORIDA, PROVIDING A COMPREHENSIVE TABLE OF FEES,
MODIFYING CERTAIN RECREATION FEES, BUILDING PERMIT FEES, AND
OTHER ADMINISTRATIVE FEES; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of New Port Richey has adopted by Ordinance No 20152051clarification of the policy of the City to establish certain fees by resolution
and adding a provision establishing an annual process to review and update all
fees of the City to be in effect on the first day of each ensuing fiscal year; and
WHEREAS, the City Council has reviewed those fees which qualify to be set by
Resolution and determined that some adjustments to the comprehensive fee
schedule are merited; and
WHEREAS, The City Council of the City of New Port Richey deems it in the best
interest of the Citizens of the City to update and approve the Comprehensive Fee
Schedule for certain administrative functions of the City to more equitably assess
the cost of these services to parties directly benefiting from those services or
functions offered and/or provided; and
WHEREAS, the Schedule of Fees are reasonably related to the actual costs of
performing the related administrative functions as well as appropriate to enable
the continued provision of the cultural programs, services and other activities
incorporated into the schedule.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
New Port Richey, Florida hereby adopts the Comprehensive Table of Fees
as set forth in EXHIBIT A of this Resolution with an effective date of
October 1, 2015.
RESOLVED THIS 23th DAY OF SEPTEMBER, 2015
By____________________
Rob Marlowe, Mayor
Attest:_____________________
City Clerk
APPROVED AS TO LEGAL FORM AND CONTENT
___________________________________________
Joseph A. Poblick, City Attorney
Page 35
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Special Assessments
Fee Type
Special Waste Hauling Permit
Stormwater Assessment Per Equivalent
Residential Unit (ERU)
Street Light Assessment
Foreclosure (Vacant Property)
Registration
Term
$500.00
Annually
$500.00
$77.36
$36.24
Annually
Annually
$77.36
$150.00
Per Property
$150.00
Value
Term
$50.00
Per Property
Administrative Fees
Fee Type
Municipal Title Search Service
Credit Card Use Fee - Utilities
Credit Card Use Fee - Other Payments
Returned Check Charge Check
Amount $0 to $50.00
Returned Check Charge Check
Amount $50.01 to $300.00
Returned Check Charge Check
Amount $300.01 and Up
Handbill License Fee
Handbill License Fee
Handbill License Fee
Political Campaign Signs
Political Campaign Sign Bond
Copy Fees
Notary Fee
Special Events
Application Fee
Amphitheatre City -Business/Resident
Amphitheatre Non- City -Bus/Resident
Staffing/Materials
Lesser of $1.75 per
Transaction or Amounts
Allowed by Statute.
Lesser of 2.45% of
Transaction or Actual
Cost as Allowed by
Statute
Previous
Value
$50.00
Per Transaction
$50.00
Per Transaction
$0.00
$25.00
Per Transaction
$25.00
$30.00
$40.00 or 5%
Whichever is Higher
$25.00
$50.00
$100.00
$50.00
$100.00
Per Transaction
$30.00
$10.00
Per Transaction
One Week
Three Months
One Year
Election Cycle
Election Cycle
Per 119.07 FS
Per Transaction
Same
$25.00
$50.00
$100.00
$50.00
$100.00
Same
$10.00
$150.00
$300.00
$600.00
Per Agreement
Per Event
Per Event
Per Event
Per Event
$100.00
$300.00
$500.00
Varied
1
Page 36
Previous
Value
Value
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Building Permit Fees
Fee Schedule for Building Permits:
Fee Type
Value
Term
Application fee of $40.00 will be applied to all permits
Previous
Value
State of Florida Building Surcharge:
A 3% fee will be charged on all permits, i.e., building, plumbing, electrical, mechanical,
roofing, fire systems etc. The minimum amount collected on any permit will be $4.00 per
F.S. 553 and F.S. 468.
Plan Review Fees:
When plans are required to be submitted for review there will be a minimum charge of
$40.00. Once the Permit Fee is calculated, the Plan Review charge will equal ¼ (25%) of
the total permit fee.
Vested Rights Determination Fee:
A $1,500 fee will be charged to cover application and staff time to determine vested
rights.
Residential/Commercial; New Construction/Addition/Renovation/Site:
Permit fees for residential and commercial new construction, additions or renovations, is
based on $40.00 base fee, plus
Building Value
$1.00 to $100,000.00
$5.00 per $ 1,000.00 or fraction thereof value
$100,001.00 to $500,000.00
$500.00 for the first $100,000.00 plus
$4.00 for each additional $1,000.00 or
fraction thereof to and including
$500,000.00.
$500,001.00 to $1,000,000.00
$2,100.00 for the first $100,000.00 plus
$3.00 for each additional $1,000.00 or
fraction thereof to and including
$1,000,000.00.
$1,000.001.00 and up
$3600.00 for the first $1,000,000.00 plus
$2.00 for each additional $1,000.00 or
fraction thereof
Value is based on contract price. The Building Official reserves the right to determine fees
based on ICC valuation or other national recognized sources.
2
Page 37
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Building Permit Fees
Miscellaneous Building Permit Fees: No plan review charged for the following unless
otherwise noted. Application fee plus:
1. Residential re-roof………....$25.00
2. Commercial re-roof….......... based on value min $40.00
3.
4.
5.
6.
7.
8.
9.
10.
11.
Commercial roof may be charged a Plan Review Fee based on the type of
roof (metal, TPO, IB or other roof top equipment and curbs).
Residential demolition……..$50.00
Commercial demolition........$175.00
Residential fence……….....$35.00
Fences (all other)……...........based on value
Driveways…………………. $25.00
Accessory Structures…….…. based on value
Mobile Home Installation … $200.00
Garage Door………………. $50.00
Tents………………………..$20.00 plus $5.00 per additional tent
Tree Removal Permits will be $40.00 payable prior to inspection for approval to remove.
Following Permits are as listed plus applicable plan review fees
Swimming Pools:
1.
2.
3.
Above ground/Spa………………. $70.00
Residential swimming pool……... $110.00
Commercial swimming pool…….. Based on value min $150.00
Electric:
1. Temporary Pole…………………..$40.00
2. Residential………………………..$20.00
Service upgrade/panel/change-out/ Power on permit
3. Commercial………………………. $50.00
Service upgrade/panel/change-out
4. Repairs and alterations…………… based on value
Plumbing:
1. Repairs and alterations…………… based on value
3
Page 38
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Building Permit Fees
Mechanical:
1. Repairs and alterations…………… based on value
2. Residential equal change-out……..$20.00
3. Commercial equal change-out……. based on value
4. All change-outs with duct work….... based on value
5. Kitchen hoods……………………... based on value.
LP or Natural Gas:
1. Residential tank/connection………$40.00
2. All other Residential and Commercial……based on value
Fire Permit Fees:
Fire Permit fees are assessed by the Fire Department. All Fire permits will be charged $40.00
base fee for processing in addition to fees assessed by the Fire Department.
Administrative Fees:
1. Re-inspection / Red Tag fees…………. $40.00 first infraction
$80.00 second infraction
$120.00 third infraction
2. Time extensions …………………….…...$35.00
(Approved by Building Official)
3. Change/Add Contractor…………………$35.00
4. Duplicate Permit Card…………………...$5.00
5. Temp Certificate of Occupancy / Stocking permit ……$150.00
5. Duplicate Certificate of Occupancy……. $10.00
6. Condemnation fees……………………....$200.00 base fee
Additional (building removed by City)…..Cost of Removal and legal fees.
7. Refunds (must be requested within 6 months of issuance) shall not be issued
for permits less than $40.00 or where an inspection has been conducted. Plan Review
fees are not refundable 30% of permit fee will be retained for administrative processing.
8. “After the Fact” permits are subject to Double the normal permit fee plus
$50.00 fine (first offense) and triple the normal permit fee plus $100.00 fine
(second offense within 6 months)
9. Notary (unrelated to Permits)………...$10.00
10. After hours inspections………………. $100.00 plus $35.00 per hour beyond 2
Payable in advance
4
Page 39
EXHIBIT A
y
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Building Permit Fees
Permits Renewal Fees (Expired):
For projects lacking only final inspections a fee of $50.00 per trade lacking inspection will be
assessed with Building Official approvals.
For projects lacking multiple inspections, fees will be assessed at ½ of the original permit fee
plus $50.00 per trade lacking inspections with Building Official approvals.
Impact Fees:
1. Water and Sewer
Water and Sewer Impact Fees are set by Ordinance and are imposed on new construction
where Utility services have not been previously established and are calculated based on
equivalent single family residential units (ERUs) as follows;
Water Service Development Fee
Sewer Service Development Fee
$ 1,158.00 per ERU
$ 2,262.00 per ERU
2. Pasco County Public School Impact Fees as follows:
Pasco County Public School Impact Fees are collected aat their prevailing rate.
5
Page 40
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Development Services
Fee Type
Annexation
Administrative Appeal
Adult Use Verification
Appeal of LDRB Decision
Certified Parcel
Community Development District
Code Amendment
Concept Plan
Conditional Use
Conditional Use Extension
Development Agreement
Development Amendment Agreement
Development Agreement Extension
Downtown Res Overlay District
Value
$750
$400
$300
$400
$150
$5,000
$750
$100
$350
$100
$1,000
$1,000
$300
$300
Term
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Downtown ResOverlay District Extension
Easement Vacation: Residential
Easement Vacation: Commercial
Final Plat
Final Site Plan
Final Site Plan Extension
Land Use Amendment
Land Use Amendment
Mobile Vending Application
Nonconformity Determination
Preliminary Plat 0r Replat
Preliminary Plat 0r Replat Extension
Preliminary Site Plan
Preliminary Site Plan Revision
Preliminary Site Plan Revision
Rezoning
Sidewalk Café
Special Exception
Special Exception Extension
Temporary Extension of Premises
Unity of Title
Variance
Variance
Zoning Approval
$100
$300
$300
$500
$300
$100
$750 Small Scale
$1,000 Large Scale
$100
$100
$500
$100
$300
$100 Minor
$300 Major
$750
$300
$350
$100
$100
$150
$300 Non Sign Request
$500 Sign Request
$100
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
6
Page 41
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Fire Department Fees
COMMERICIAL/BUSINESS PUBLIC/ASSEMBLY/MIXED OCCUPANCY/
HOTEL/MOTELS/A.C.L.F./DAY CARE
Plan reviews (site or bldg)
Plan reviews (3 or more reviews)
Per 1,000 sq. ft. of floor area or fraction thereof
per review $
per review $
$
50.00
25.00
8.00
per review $
per review $
$
100.00
50.00
16.00
per review $
per review $
per unit $
$
50.00
25.00
15.00
8.00
HOSPITALS/CLINICS/ SURGICAL/MEDICAL NURSING HOMES
Plan reviews (site or bldg)
Plan reviews (3 or more reviews)
Per 1,000 sq. ft. of floor area or fraction thereof
RESIDENTIAL/FOSTER/GROUP HOMES
Plan reviews (site or bldg)
Plan reviews (3 or more reviews)
Per dwelling/living/sleeping units
Per 1,000 sq. ft. of floor area or fraction thereof non dwelling/living unit
FIRE SPRINKLER SYSTEM/STANDPIPES/FIRE HOOD SUPPRESSION SYSTEM
Plan review
Plan review - 3 or more reviews
Per system (piping, valves, risers, distribution) Plus fee for each devise or head
Per sprinkler head system device
Range exhaust hood (per hood)
Range hood fire suppression system
Range hood systems, head or device
per review $
per review $
$
50.00
25.00
50.00
each $
$
$
each $
1.00
50.00
50.00
1.00
FIRE ALARM/DETECTION SYSTEMS-MONITORED
Plan review
Plan review - 2 or more reviews
Per system (Alarm detection devices, wiring, warning systems)
Per system device (detectors, pull stations, horns/strobes, etc.)
per review
per review
per review
per review
$
$
$
$
50.00
25.00
40.00
1.00
per review $
per review $
$
$
$
$
$
$
$
50.00
25.00
50.00
50.00
50.00
100.00
200.00
100.00
50.00
FLAMMABLE, COMBUSTABLE, COMPRESS LIQUID & GAS STORAGE SYSTEMS
Plan review
Plan review - 2 or more reviews
Per system (tanks, piping, dispensers, anchors, emergency shutoffs, wells, ect.)
L.P. supplier tank change out in accordance with code upgrades
1 tank LP or one meter Natural Gas
2-3 tanks
4 or more tanks
Compressed gas systems (oxtygen nitrogen, nitrous, oxide, etc.)
Tank removal - underground
7
Page 42
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Fire Department Fees
SPECIAL EVENT PERMITS
Events – tents, Plus $5.00 per tent over one
Events –Cooking using combustible or flammable cooking fuels add $10.00 per tent over one
Carnivals
Fireworks displays
$35.00
$45.00
$150.00
$150.00
ANNUAL PERMITS – HAZARDOUS USES / OPERATIONS
Combustible dust – producing operations
Compressed and liquefied gases, storage, dispensing or use
Explosive materials
Flammable / combustible liquids
Bowling establishments
Lumber yards
Woodworking operations
Fireworks, sales & storage
Waste material handling or incinerator operations
Repair garages
Fumigations per house / structure / building – per fumigation
Dry cleaning establishments / operations
Toxic substance / pesticide use or storage or operations
Dipping operations using flammable finishes
Combustible fibers and materials storage, use, operations
Gasoline stations / dispensing
Automobile wrecking / junkyards
Flammable finishing or spraying operations and storage
Fiberglass use, storage, manufacturing
Pyroxylin plastics storage & use
Welding, cutting or other hot work
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
REQUESTS FOR INSPECTION
Per structure, building, site, H.R.S., etc. (rezonings, occupancy changes, anticipated
purchase of property, etc.)
$50.00
REINSPECTION FEE
Construction, remodeling, etc. (Due to failure to comply with prescribed requirements,
deficiencies exit, not ready for inspection.
$40.00
REQUEST FOR WATER FLOW TESTS
Per request (City to provide one truck company, two firefighters & public works
employees to assist requesting agency)
$100.00
OCCUPATIONAL LICENSES
Prior to issuance of license (fire safety, operations inspection)
8
Page 43
$25.00
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Fire Department Fees
STANDBY CHARGES
Ladder truck
FEMA rates
Ladder truck (standby)
Fire truck FEMA rates
Fire truck (standby)
Command/Staff Vehicle FEMA rates
ATV/Utility vehicle/Golf cart FEMA rates
Staffing- Firefighter/EMT/Paramedic/Inspector/Officer
per hour
per hour
per hour
per hour
per hour
per hour
per hour
$145.00
$30.00
$95.00
$25.00
$19.00
$ 4.00
$40.00
Manpower/Staffing and vehicles approved a blended rate by resolution of the City Council 2012
Expendable materials: actual replacement cost plus 10% administrative processing fee.
FALSE FIRE ALARMS
1-3 Responses within a 6 month period
4 Responses within a 6 month period
5 Responses within a 6 month period
6 or more responses within a 6 month period
per response
per response
per response
per response
n/c
$50.00
$75.00
$150.00
INCIDENT INVESTIGATION FEES
Investigation resulting from violation of codes, negligence, and arsper hour
$40.00
Manpower/Staffing and vehicles approved a a blended rate by resolution of the City Council
Expendable materials: actual replacement cost plus 10% administrative processing fee.
9
Page 44
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Library Department Fees
Fee Type
Library Cards
Resident Card
Non-Resident Card - Recip.
Non-Resident Card
Replacement Card - 1st
Replacement Card - Add'l
Guest Passes for Computer Use (per
day)
Computer Use Add'l Hour (if avail.)
Library Fines/Late Charges Per Day/Per
Item
Books
DVD's, Mobile Hotspot and Software
Interlibrary Loan Materials
Maximum (Total) Fine per Item
Lost or Damaged Material Charges
Repairable In-House
Non In-House replacement of materials
lost or unrepairable
Case Replacement&
Processing (Videos, DVD's, CD's)
Barcode Replacement Fee
Non-Print Media Returned in Outside
Book Drop (per Item)
Final Notice Sent (Overdue, Late,
Irreparable Damage)
Collection Agency Charge (per item)
Computer Printouts - Black & White - Per
Computer Prints -Color - Per Page
Copy Machine - Per Page
Proctoring Exams - Online
Proctoring Exams - Paper
Value
Term
$0.00
$0.00
$100.00
$3.00
$5.00
Per Occurance
Per Occurance
Per Occurance
Per Occurance
Per Occurance
$3.00
Per Occurance
$3.00
Per Occurance
$0.25
$1.00
$1.00
$15.00
Per Day/Item
Per Day/Item
Per Day/Item
Per Day/Item
$5.00
Per Occurance
cost + $5.00
Per Occurance
$5.00
$1.00
Per Occurance
Per Occurance
$5.00
Per Item
$10.00
$10.00
$0.15
$1.00
$0.15
$10.00
$15.00
Per Occurance
Per Item
Per Item
Per Page
Per Page
Per Occurance
Per Occurance
10
Page 45
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Library Department Fees
Fee Type
Fax Service
SEND or RECEIVE (Staff Service)
First Page
Each Additional Page
Minimum Charge
SEND or RECEIVE (Self Service)
First Page
Each Additional Page
Local Number - Per Page
International Number - First Page
International Number Each additional Page
Bookstore
Data Storage Devices ( Flash Drives,
etc. - Depends on storage size
Books, Magazines, Videos, CD's,
DVD's - Prices vary depending on the
item
Meeting Room Charges
Not-For, Non-Profit Organiz.
(During Normal Library Hours)
Not-For, Non-Profit Organiz.
(Outside Normal Library Hours)Per
Hour
Profit Organizations (During
Normal Library Hours) Per Hour
Profit Organizations (Outside
Normal Library Hours) Per Hour
Cleaning Charge
Room Set-Up & Tear-Down Charge
No Show Charge (If not
cancelled 48 hours in advance)
Value
Term
$2.00
$1.25
None
Per Page
Per Page
Per Occurance
$1.75
$1.00
$3.95
Per Page
Per Page
Per Page
Per Page
$3.45
Per Page
Range $5.00 - $10.00
Per Item
Varies
Per Item
$0.00
Per Occurance
$25.00
Per Hour
$50.00
Per Hour
$75.00
$25.00
$25.00
Per Hour
Per Occurance
Per Occurance
$25.00
Per Occurance
11
Page 46
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Membership/ Daily Fees - Recreation
Recreation Center Membership or Entry
Fees
Non
Resident
Fee
Daily - Includes Sales Tax
Youth
Senior
Adult
Non
Resident Fee Resident
With Tax
Fee
$5.00
$6.25
$7.50
Resident
Fee with
Tax at 7%
$4.00
$5.00
$6.00
One Month Rate(sales tax additional)
Youth
Senior
Adult
Group 2 Member
Group 3 Members
Group up to 6 Members or family size
$31.31
$46.73
$61.92
$80.61
$93.46
$107.48
$33.50
$50.00
$66.25
$86.25
$100.00
$115.00
$25.05
$37.38
$49.53
$64.49
$74.77
$85.98
$26.80
$40.00
$53.00
$69.00
$80.00
$92.00
Three Month Rate(sales tax additional)
Youth
Senior
Adult
Group 2 Members
Group 3 Members
Group up to 6 Members or family size
$62.62
$93.46
$123.83
$161.21
$186.92
$214.95
$67.00
$100.00
$132.50
$172.50
$200.00
$230.00
$50.00
$74.77
$100.47
$130.84
$154.21
$177.57
$53.50
$80.00
$107.50
$140.00
$165.00
$190.00
Annual Rate(sales tax additional)
Youth
Senior
Adult
Group 2 Members
Group 3 Members
Group up to 6 Members or family size
$125.23
$186.92
$247.66
$322.43
$373.83
$429.91
$134.00
$200.00
$265.00
$345.00
$400.00
$460.00
$100.00
$149.53
$200.93
$261.68
$308.41
$355.14
$107.00
$160.00
$215.00
$280.00
$330.00
$380.00
12
Page 47
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Charges can be set by the Parks and Recreation Department for specialty programs, lessons and events
in an effort to recuperate costs of contracted services and direct costs related to the activities to meet
the demands of the community for such programs and activities.
Queen of Peace Hall Reservation Fees
Fee Type
City Business/Resident
Non-City Business/Resident
After Dark additional Charge
Value
Half Day
$100.00 + Tax
$15.00 + Tax
$21.00
Term
Full Day
$150.00 + Tax
$200.00 + Tax
$21.00
Previous
Value
Park Shelter Reservation Fees (First Come First Served)
Fee Type
City Resident
Non-Resident
Value
$50.00 + Tax
$70.00 + Tax
Term
Day
Day
Summer Day Camp Program
Fee Type
City Resident Children
Non-Resident Children
Value
$50.00
$60.00
Term
Week
Week
Adventure Camp Fees
Fee Type
City Resident/ Non City Resident
Value
$100.00
Term
Week
Skate Park
Fee Type
City Resident/ Non City Resident
City Resident/ Non City Resident
Value
$5.00
$20.00
Term
Day
Year
Park Vending Fees
Fee Type
Value
Term
One Day Vending Permit
Category I & II
$10.00
Per Site/Category
One Month Vending Permit
$100.00
Category I & II
Per Site/Category
One Month Vending Permit
$200.00
Per Site
Category III
Sexual Predator Background Check
Actual Cost
Per Person
Category I: Food
Category II: Non-Motorized Equipment Rentals, (Kayaks, Canoes, Paddleboards, Bikes)
Category III: Motorized Equipment (Boat Rides Etc.)
13
Page 48
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Aquatic Camp
Fee Type
City Resident/ Non City Resident
Value
$200.00
Term
Per 2 Week Session
Lifeguard Training
Fee Type
City Resident/ Non City Resident
Value
$150.00
Term
Certification
Chapparoned Youth Swim Group
Fee Type
City Resident/ Non City Resident
Value
$3.00 Per Person
Term
Day
Swimming Pool
Fee Type
Swimming Pool Rental Resident
Swimming Pool Rental Resident
Swimming Pool Rental Non-Resident
Swimming Pool Rental Non-Resident
Swim Team Rental
Swim Meet Rental
Value
$75.00 1St Pool
$15.00 Add'l Pool
$125.00 1St Pool
$25.00 Add'l Pool
$12.00
$50.00
Term
Hour (2 Hour Min)
Hour (2 Hour Min)
Hour (2 Hour Min)
Hour (2 Hour Min)
Per Hour Per Pool
Per Hour Per Pool
Recreation Center
Fee Type
Gymnasium Rental Resident
Gymnasium Rental Non-Resident
Activity/Meeting Room
Rental Resident
Activity/Meeting Room
Rental Non-Resident
Kitchen Fee
Value
$30.00
$50.00
Term
Per Hour Per Gym
Per Hour Per Gym
$15.00
Per Hour Per Room
$25.00
$10.00
Per Hour Per Room
Per Hour
14
Page 49
EXHIBIT A
City of New Port Richey
Consolidated Table of Fees
Effective October 1, 2015
Other Fees
Previous
Value
Term
Annual/Per Property
$35.00
Fee Type
Residential Rental Fee
Value
$35.00
Business Tax Receipt
Based on Standard
Industry Classification
as Scheduled in City
Code of Ordinances
Annual/Per Business
Utility Fees
Customers Inside City Limits
Rates/Fees as per City
Code of Ordinances.
Seperately Scheduled
Customers Outside City Limits
Rates/Fees at 1.25 X
City Rates as per City
Code of Ordinances.
Seperately Scheduled
15
Page 50
Same
.
TO:
City of New Port Richey City Council
FROM:
Debbie L. Manns, City Manager
DATE:
9/23/2015
RE:
2016 Legislative Delegation Priorities, Page 51
.
REQUEST:
The recommendation is for City Council to choose its top legislative priorities for presentation to the Pasco
County Legislative Delegation.
DISCUSSION:
The Pasco Legislative Delegation public meeting will be held on Tuesday, September 29, 2015, from 1:00
p.m. until 5:00 p.m. at Sunlake High School in Land O’Lakes. The public meeting is held to receive
testimony from other elected officials, organizations and the general public.
Department directors met on Wednesday, September 16 th and brought forth a few issues that you might
want to address at the meeting. I have attached the Florida League of Cities Action Agenda for 2016.
Below are some issues you may want to consider from staff and the Florida League of Cities:
1. Reauthorize the Enterprise Zone program due to sunset on December 31, 2015 which
provides an assortment of tax incentives to businesses that choose to create employment
within an enterprise zone which is a specific geographic boundary targeted for economic
development
2. Support Municipal Police and Firefighter Reform which protects municipalities
home rule powers to set and fund municipal employee benefit levels
3. Protect the Communications Services Tax and Local Business Tax which is a
significant source of local revenue
4. Continue to support Water Quality and Quantity legislation by maintaining local
government programs and projects that protect water resources, improve water quality and
quantity and expands the use of alternate water sources
5. Sustain the State Aid to Libraries program which provides funding to local libraries
6. Increase the funding to the Florida Forever land acquisition and development program
which has not been fully funded in several years
7. Assure that the Statewide Business Development Network funds get directed to
provide services to economically deprived communities
8. Funding to support the following projects:
·
Pedestrian walkway over U.S. Highway 19
·
Downtown Parking Garage
·
Multi-Use Path on Grand Boulevard spanning from Marine Parkway to
Delaware Avenue
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RECOMMENDATION:
Council should decide what issues they wish to address before the Pasco County Legislative Delegation as
the speaker request forms must be received by September 25th in order to have the City placed on the
agenda to address the delegation.
BUDGET/FISCAL IMPACT:
No funding is required for this item.
ATTACHMENTS:
Description
2016 Florida League of Cities Action Agenda
Page 52
Type
Backup Material
2016
Florida League of Cities
Legislative Action Agenda
Page 53
he Florida League of Cities is the champion of
Home Rule in Florida. Florida’s constitution empowers citizens with the right of local self-government, or Home Rule. Cities are the embodiment
of this right. Cities are formed by citizens and are
governed by citizens. They administer the local affairs of the community for the special benefit of the city’s residents. The form of
government and level of services a city provides are fundamental
expressions of Home Rule. Home Rule is why no two cities are
alike. City residents take pride in this diversity and responsibility.
Strong Home Rule powers ensure that government stays close to
the people it serves. Intrusion on Home Rule from the state or
federal government undermines the constitutional right of local
citizens to govern themselves.
The Florida League of Cities opposes unfunded mandates from
any level of government. An unfunded mandate is when one government forces another level of government to take some action
that spends or reduces revenue, without providing any resources
to offset the impact. Unfunded mandates are the antithesis of government transparency. Mandates conceal the connection between
the taxes city residents pay and the services they receive. Unfunded mandates cause local city leaders to be held accountable
for decisions made by others who live far away and who are not
accountable for the fiscal impact on local taxpayers. The Florida
Constitution prohibits unfunded mandates from state government
except under certain conditions. This provision was added to the
constitution in 1990 after Floridians became fed up with being
forced to pay for state programs with local tax dollars. Yet, in spite
of the clear preference of Florida’s residents, unfunded mandates
have continued to be passed onto cities by the Legislature.
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2016 FLORIDA LEAGUE OF CITIES
LEGISLATIVE ACTION AGENDA
RELOCATION OF UTILITIES
CONTACT:
Megan SirjaneSamples
The Florida League of Cities OPPOSES legislation that
mandates local governments and their taxpayers bear the
cost of relocating utility equipment when the equipment
is located within a public utility easement or right of way
and needs to be relocated for public purposes.
BACKGROUND
For more than 100 years, state law has provided local government with the
authority to require non-government utilities to pay the costs associated
with relocating their utility equipment out of public rights of way and public
utility easements to accommodate public construction projects, such as road
improvement projects and other non-transportation public projects. Public
utility easements and public rights of way are controlled by local government
and access is provided to utilities as a permissive use. Generally, a utility is
required to pay the costs to relocate its equipment when relocation is in the
public interest.
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2016 LEGISLATIVE ACTION AGENDA • 3
In many communities, a “public utility easement” is created by dedication in
a land developer’s plat for a new community, such as: “The owners of this
property do hereby dedicate easements along each boundary of each home
site for county drainage purposes and for public utilities.” Typically, public
utility easements do not exceed six to 10 feet in width and run alongside
public rights of way in the case of roadways.
Like rights of way, courts have found that public utility easements are for
the benefit of the public and, therefore, are not owned by utilities. Instead,
such easements function as public property for the use of utilities. Thereby,
developers create interests relating to particular (limited) property uses by
third parties who then use the property to provide essential public services.
Occasionally, utilities purchase these property interests, but often they do
not, leaving local authorities with the burden of purchasing property for
public easements and/or rights of way as part of roadway improvement
projects.
If local governments are required to bear the cost of relocation, it would
dramatically and negatively affect them by transferring the costs of utility
relocations from the utility provider to local government taxpayers, instead
of the actual users of the utilities. In many cases, the utility equipment to be
relocated does not service the constituent taxpayers of that municipality or
county, but services a neighboring local government.
The expense of relocating a utility’s equipment in the public easement, or for
non-transportation purposes within the right of way, will greatly increase the
costs of completing transportation projects at a time when local governments
continue to struggle with funding for such projects. Transportation projects
are often the catalyst for economic development and the result of growth
within a community, which benefit the utility in terms of an expanded
customer base. n
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4 • 2016 LEGISLATIVE ACTION AGENDA
TRANSPORTATION FUNDING
CONTACT:
Megan SirjaneSamples
The Florida League of Cities SUPPORTS legislation that
provides opportunities for increased and alternative revenue sources for municipal transportation infrastructure
projects.
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BACKGROUND
Municipalities have limited revenue options for funding transportation
projects. A major portion of transportation funding flows to municipalities
through the county, state and federal governments. Much of that funding is
generated through a tax on gasoline. Recent data has shown that gas tax
revenues at both the state and federal levels have decreased dramatically,
primarily due to an increase in the number of fuel efficient vehicles on the
road. More fuel efficient vehicles means less gas is being purchased, resulting in lower gas tax revenues. As vehicles will only become more fuel efficient, gas tax revenue is forecasted to continue to decrease. To compound
the problem, the federal gas tax was last increased in 1997, the state gas tax
in 1943, the county gas tax in 1941 and the municipal gas tax in 1971. None
of these taxes are indexed for inflation; therefore, the real rate of tax has
remained static and actual revenues have declined.
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2016 LEGISLATIVE ACTION AGENDA • 5
In addition, municipalities lack options to
increase revenue to fund local transportation
projects. For example, charter counties may
currently hold a referendum on whether to
impose up to a 1 percent sales tax to fund transportation infrastructure projects. Also, Florida
statutes allow each county to levy up to 12 additional cents per gallon of fuel. The proceeds
of these “extra” fuel taxes are distributed by
interlocal agreement or by a statutory formula
that is not favorable to municipalities. Municipalities lack the authority to impose these fuel
taxes. This can be problematic when there are
disparities between the transportation needs
of municipalities versus those of the more rural
areas of the county at large. For example, a
referendum was held in Hillsborough County
to enact such a tax. The tax was defeated
countywide; however, if the election results are
broken down by municipality, a majority of the
residents of Tampa voted to approve the tax.
Extending such transportation revenue options
to municipalities would allow greater flexibility
to fund their unique transportation needs.
Transportation projects are often the catalyst
for economic development and the result of
growth within a community. As municipalities
lack options to increase revenue and continue
to struggle to fund local transportation projects,
increased and alternative funding sources at the
state level are a necessity. n
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LOCAL COMMUNICATION SERVICES
TAX PROTECTION
CONTACT:
Amber Hughes
The Florida League of Cities SUPPORTS legislation
that protects general revenues collected from the local
communications services tax. These revenues are used
to provide essential municipal services, such as public
safety, and constructing and maintaining roads, bridges,
public parks and open spaces. Maintaining a diversified
revenue base strengthens the fiscal stability of local
governments and improves their ability to serve all
citizens and businesses.
BACKGROUND
In 2001, the Florida Legislature restructured taxes and fees on telecommunications, cable, direct-to-home satellite and related services under the Communication Services Simplifications Act. This act replaced and consolidated
seven different state and local taxes and fees into a single tax that has two
centrally administered parts, the state and the local communications services tax (CST). The local CST is one of the main sources of general revenue
for municipalities, providing them with more than $400 million annually.
These revenues may be used for any public purpose, including pledging the
revenues to secure bonds.
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2016 LEGISLATIVE ACTION AGENDA • 7
The CST tax applies to telecommunications, video, direct-to-home satellite
and related services, including voice, data, audio, video, or any other information or signals transmitted by any medium. The tax is imposed on retail
sales of communications services that originate and terminate in the state,
or originate or terminate in the state and are billed to an address within the
state.
The Florida CST includes both a state tax and a gross receipts tax. Communications services, except direct-to-home satellite service, are subject to
the state tax of 4.92 percent and the gross receipts tax of 2.52 percent.
Direct-to-home satellite service is subject to the state tax of 9.07 percent
and the gross receipts tax of 2.37 percent.
A county or municipality may authorize the levy of a local CST. The local tax
rates vary depending on the type of local government entity. For municipalities that have not chosen to levy permit fees, the tax may be levied at a rate
of up to 5.1 percent. For municipalities that have chosen to levy permit fees,
the tax may be levied at a rate of up to 4.98 percent. These maximum rates
do not supersede conversion or emergency rates authorized by statute that
are in excess of these maximum rates. In addition to the local CST, any local
option sales tax that a county or school board has levied is imposed as a
local CST.
Over the past few years, legislation has passed that has eroded the tax
base for the CST. There has been a movement to reduce the total tax
rate, both on the state and local CST. In 2015, the Legislature passed
HB 33A, reducing the state CST rate and the direct-to-home satellite rate by 1.73 percent. The law includes a “hold harmless” provision
that protects local governments by modifying the revenue sharing
distribution formulas to offset the negative recurring impact caused
by the reduction in revenues shared with local governments. n
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LOCAL BUSINESS TAX PROTECTION
CONTACT:
Amber Hughes
The Florida League of Cities SUPPORTS legislation that
protects general revenues collected from the local business tax and preserves the local authority to levy the tax.
A municipality that has not adopted a business tax ordinance or resolution may adopt
such an ordinance. The tax rate structure
and classifications must be reasonable and
based upon the rate structure and classifications adopted by adjacent local governments
that have implemented Section 205.0535,
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2016 LEGISLATIVE ACTION AGENDA • 9
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BACKGROUND
Currently, a municipality may impose a local
business tax for the privilege of engaging in
or managing a business, profession or occupation within its jurisdiction. The amount of
the tax and the occupations and businesses
that the tax is imposed on are determined
by the local government. Local business tax
revenues collected by local governments are
used to assist in the funding of services critical
to business such as zoning, permitting, code
enforcement, and police and fire services.
Local governments may also use the business
tax revenues to help fund economic development programs, presenting a direct benefit
to businesses through the marketing of local
areas. Many municipalities use the business tax
as general revenue funds and have pledged
these revenues to secure debt. Collections for
municipal local business tax revenues are approximately $145 million annually.
Florida Statutes. Prior to October 1, 2008,
any municipality that had adopted a local
business tax after October 1, 1995, could
reclassify businesses, professions, and occupations and establish new rate structures
provided certain conditions were met.
Since this time, counties and municipalities
can no longer reclassify but can increase or
decrease the rates of business taxes by up
to 5 percent every other year. Any subsequent increase must be enacted by at least
a majority plus one vote of the governing
body. A municipality is not prohibited from
decreasing or repealing any local business
tax. State law exempts certain individuals
from all or a portion of local business taxes.
State law also regulates the issuance of
local business tax receipts to certain individuals.
The revenues derived from the business tax
imposed by county governments, exclusive
of the costs of collection, are apportioned
between the county’s unincorporated area
and the municipalities located within the
county by a ratio derived by dividing the
municipalities’ respective populations by
the county’s total population. n
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VACATION RENTALS
CONTACT:
Casey Cook
The Florida League of Cities SUPPORTS legislation
that repeals the state preemption of the regulation
of vacation rental properties in order to allow local
governments to regulate such properties to protect the
health and welfare of residents, visitors and businesses.
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BACKGROUND
In 2011, the Florida Legislature prohibited cities from regulating short-term
vacation rentals. A short-term vacation rental is defined as a property that
is rented more than three times a year for less than 30 days at a time. The
legislation passed in 2011 included a provision that “grandfathered” any
ordinance regulating vacation rentals prior to June 1, 2011. Since that time,
a number of cities, both “grandfathered” cities and those that did not have
an ordinance in place, have experienced problems with these properties
due to the constant turnover and increased traffic to and from these homes,
including increased noise complaints and limited parking. Many homes have
also been converted to sleep large numbers of individuals, placing a strain
on the neighborhood infrastructure.
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2016 LEGISLATIVE ACTION AGENDA • 11
The effect of the 2011 law is that two separate classes of cities were created
respective to vacation rentals, those with Home Rule authority and those
without.
In 2014, the Legislature passed SB 356, which diminished the preemption on
vacation rentals. The law allows local governments to adopt ordinances specific to vacation rentals so that they can address some of the noise, parking,
trash and life-safety issues created by the proliferation of vacation rentals
in residential neighborhoods. Unfortunately, SB 356 left in place existing
statutory language stating that cities cannot “prohibit” vacation rentals, or
regulate the duration or frequency of the rental.
Those cities fortunate enough to have had an ordinance in place prior to the
2011 preemption are still allowed to regulate vacation rentals, but the question
remains whether these ordinances will continue to be valid if amended. Some
city attorneys believe that these ordinances are “frozen” and any future
amendments would cause a loss of the “grandfather.” The problem with
this is twofold. First, with the rise of popular rental websites like Vacation
Rental by Owner (VRBO) and AirBnB making it easier to advertise and rent
these properties, the number of vacation rentals in Florida has exponentially
increased in the last four years. Second, as a result of this enormous growth
in the vacation rental market, the scope of the problem has changed and
ordinances adopted before 2011 may no longer be effective.
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It is important to note that many of Florida’s larger cities (with a larger
professional staff) fell into the grandfathered category. They have retained
the ability to regulate these properties through zoning and may have
duration and frequency requirements. Some cities may want to amend their
ordinances to adjust to a changing problem. They are reluctant to do so out
of fear of losing their existing ordinance and with it their Home Rule authority
relating to vacation rentals. Recognizing that the ordinances on the books
are no longer effective, cities want the ability to come up with solutions
that work for their respective community, but because of the potential loss
of the “grandfather,” they are unable to do so. It is important to note that
any potential amendments to existing ordinances would be vetted through
numerous public hearings that allow neighboring homeowners, vacation
rental owners, vacation rental managers, and local businesses to weigh in on
proposed legislation.
Cities without vacation rental ordinances in place prior to June 1, 2011, have
had their zoning authority stripped and are now seeing vacation rentals
completely overtaking residential neighborhoods. Long-time residents are
moving out as a result, and the residential character of traditional neighborhoods is slowly being stripped away.
The Florida League of Cities calls on the Legislature to continue the conversation on vacation rentals and fully restore Home Rule to Florida’s cities. n
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2016 LEGISLATIVE ACTION AGENDA • 13
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PUBLIC RECORDS
CONTACT:
Casey Cook
The Florida League of Cities SUPPORTS public records
reform to discourage or eliminate schemes designed to
generate violations of public records laws as well as limit
harassing or unreasonable public records requests.
BACKGROUND
Cities, as well as numerous other governmental entities, are required to
comply with the public records laws in Chapter 119, Florida Statutes. While
every city incurs some level of expenses in complying with public records
requests, numerous cities have incurred extraordinary or unreasonable
costs. The reasons for these extraordinary costs can vary, but include records
requests clearly designed to be harassing in nature (either by the frequency
of requests or the extent of any particular request); requests designed
to generate a technical violation of the public records laws; and requests
designed to do nothing more than serve as the basis of a lawsuit, typically
with offers to the city to settle and pay attorney’s fees and costs.
Several individuals and entities around the state have developed a “cottage
industry” designed to produce technical violations of the public records laws.
These individuals have a standard method of operation. They will frequently
show up at a public office, or the office of a private entity providing services to
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the public entity, and demand to inspect frequently remote documents (such
as insurance coverage documents). The employees working in these offices
may not be used to receiving public records requests, and are clearly not
the “custodian of public records.” (For cities, the custodian of public records
is typically the city clerk.) In attempting to comply with the public records
request, the staff members may technically violate the public records laws
(e.g., asking the requestor for his or her name and contact number, asking
the requestor to sign an entry log, stating that they believe the information
requested is not subject to the public records laws, etc.). Typically, the next
communication from the person making the public records request is service
of a lawsuit alleging violations of the public records laws. Undoubtedly,
these lawsuits are then followed by a request for settlement, demanding
attorney’s fees and costs.
Various individuals and entities have filed thousands of public records
requests and hundreds of lawsuits. Recently, a judge in Duval County denied
a request for attorney’s fees in a public records lawsuit and called a plaintiff’s
actions “a baiting gesture meant to achieve personal financial gain; not a
legitimate request for public records” and “nothing more than a scam.”
Under Section 119.0701, Florida Statutes, private businesses that enter into
contracts with public agencies to provide various services become subject
to the public records laws. Many private businesses have also fallen victim to
the scam identified above.
These schemes are designed to do nothing more than raid the public treasury
at the expense of tax payers.
In 2015, legislation was filed to address public records laws when private
entities enter into contracts to provide services to public agencies. The bills
addressed notification concerns, training issues and the requirement to post
contact information for the custodian of the public records in any building in
which public records are sent, received, created, maintained and requested.
However, the bills failed to pass the Legislature. n
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2016 LEGISLATIVE ACTION AGENDA • 15
PUBLIC-PRIVATE PARTNERSHIPS
CONTACT:
David Cruz
The Florida League of Cities SUPPORTS legislation that
provides municipalities with increased flexibility to enter
into public-private partnership agreements pursuant to
state law or by Home Rule authority.
BACKGROUND
Public-private partnerships are contractual agreements between public and
private sector entities that allow for greater private sector participation in
the delivery and financing of public infrastructure projects. Prior to 2013,
cities relied on Home Rule powers to enter into public-private partnerships
(P3s). As a result, Florida emerged as a leader in their use, and P3 projects
such as design-build became commonplace. Cities are extremely supportive
of the P3 concept as these creative partnerships are crucial to addressing
Florida’s vast infrastructure needs.
However, in 2013, a new law standardized the P3 process and created an
extremely prescriptive framework that local governments must adhere to
when procuring a P3. In standardizing the P3 process, the legislation preempted local governments from following their current P3 procurement procedures and eliminated the flexibility necessary to negotiate and contract
with private entities in a manner that is most appropriate for that specific
project. The flexibility to negotiate the terms of P3 contracts is paramount
when considering the complexities of large-scale projects that often draw
on various funding sources and involve teams of developers, investors and
contractors.
The Florida League of Cities voiced concerns with various provisions of the
law, including authorizing private entities to submit unsolicited P3 proposals;
requiring duplicative notice to be provided to affected jurisdictions; requiring local governments to repay P3 debt on a priority basis before funding
essential services; and infringing on local government authority to negotiate
and contract the terms of a P3.
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The 2013 law also established a P3 guidelines task force to create and
develop recommendations for the creation and operation of P3s in Florida.
The Florida League of Cities worked closely with the P3 Task Force,
implementing recommendations that promoted local government flexibility
in the procurement of P3 projects.
During the 2015 legislative session, legislation to implement a majority of the
recommendations made by the P3 Task Force was filed. Provisions favorable
to cities included increasing flexibility in contracting for P3s by allowing
contracting timelines to be extended in certain situations and clarifying
authority to local governments to require unsolicited bids to be accompanied
with a fee to cover the costs of reviewing the proposal. The proposed legislation
would have also made the P3 statute supplemental authority, allowing cities
to rely on Home Rule authority to enter into P3 agreements or follow the
process in Florida statutes. Despite receiving the favorable support of several
committees, the bills failed to pass the Legislature. n
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2016 LEGISLATIVE ACTION AGENDA • 17
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IMPACT FEES
CONTACT:
David Cruz
The Florida League of Cities OPPOSES legislation that
restricts a municipality’s Home Rule authority to set
impact fees or transportation concurrency.
BACKGROUND
Impact fees and transportation concurrency are mechanisms used by local
governments to ensure that new developments pay for the infrastructure
needs they generate.
An impact fee is based on the proportionate share of the cost of the
public facilities needed to serve new development. Florida law requires
that calculation of an impact fee be based on the most recent and
localized data. In addition, a city imposing an impact fee must provide
for an accounting and reporting of impact fee collections and expenditures.
Transportation concurrency is a state law that requires each local government in Florida to adopt a comprehensive plan and implement regulations
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that require adequate basic services and facilities be provided at the same
time as, or concurrent with, any new development. For example, one of
these required types of services is transportation facilities. The law basically
states that a local government cannot approve a new development unless it
finds that there will be adequate transportation facilities to serve the traffic
from that new development at the time of occupancy.
Impact fees and transportation concurrency are adopted by ordinance,
which is a legislative decision of the city’s governing body. Current law
authorizes municipalities to waive the collection of impact fees. As a result,
some cities have made the local decision to waive impact fees, hoping this
will be a catalyst for economic development and foster growth. Other cities
have examined their current infrastructure needs and concluded imposing
impact fees or transportation concurrency is necessary to adequately fund
the development or growth.
Developers have long argued that impact fees in Florida are excessive and
unfair. Additionally, because the courts accord a high level of deference to
the local governments’ decision-making process, some developers feel that
legal challenges to decisions regarding impact fees are almost impossible to
win. In recent years, bills have been filed to limit or restrict a local government’s ability to impose impact fees and transportation concurrency, or to
make it easier for a developer to prevail in a legal challenge to an impact fee.
In 2015, legislation was filed prohibiting local governments from imposing impact fees and transportation concurrency on small businesses of 12
or fewer employees for commercial buildings less than 6,000 square feet.
While this legislation did not ultimately pass, it is expected that similar legislation will be filed in 2016 attempting to limit or eliminate the ability of local
governments to impose impact fees and transportation concurrency. n
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2016 LEGISLATIVE ACTION AGENDA • 19
WATER QUALITY & QUANTITY
CONTACT:
Ryan Matthews
The Florida League of Cities SUPPORTS legislation
that provides a recurring source of funding for local
government programs and projects that protect water
resources; improves water quality and quantity; mitigates
pollution from onsite waste water systems; expands the
use of alternative water resources, recognizing that
reclaimed water is an asset paid for by utilities’ rate
payers; and requires all infrastructure users to pay the
cost of operation and maintenance of such utilities.
BACKGROUND
Florida has historically dealt with multiple water challenges. Today, South
Florida faces water quality problems in the form of massive water releases
of nutrient enriched waters from Lake Okeechobee. Those releases, which
are controlled by the U.S. Army Corps of Engineers, pollute the estuaries
and water systems that flow to the St. Lucie River in the east and to the
Caloosahatchee River in the west. North Florida faces an impending disaster in its oyster industry due to increased water usage by neighboring states
Alabama and Georgia. Meanwhile, all of Florida is struggling with how to
efficiently conserve water and avoid devastation of the Floridan Aquifer.
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The State of Florida must comply with federal drinking water standards,
which are mandated by the Federal Clean Water Act. According to the
Environmental Protection Agency (EPA), “Clean water is vital for Florida.
Excess nitrogen and phosphorus, or ‘nutrient pollution,’ is the primary cause
of water quality impairment throughout the state and causes algae blooms
– the thick, green muck that fouls clear water. Nutrient pollution threatens
human health and the environment, hurts businesses, costs jobs, reduces
property values and otherwise impacts the quality of life for all Floridians.
Water quality standards help to protect and restore the quality of the nation’s
surface waters, consistent with the requirements of the Clean Water Act.”
Local governments work in coordination with the state Department of
Environmental Protection (DEP), as well as the five water management
districts (WMDs), to stay in compliance with and adhere to the Florida Water
Resources Act of 1972 and a multitude of other programs.
In 2015, no comprehensive legislation dealing with water issues ultimately
passed the Legislature, despite the session being deemed “the year of water,”
due to the acrimony between the two chambers related to possible Medicaid
expansion. The Florida League of Cities will continue to seek comprehensive
legislation dealing with water conservation, springs protection, septic tanks,
reclaimed water, agricultural water practices, as well as water quality reform
for Lake Okeechobee. n
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2016 LEGISLATIVE ACTION AGENDA • 21
SEA LEVEL RISE
CONTACT:
Ryan Matthews
Recognizing the impacts sustained by cities statewide
related to sea level rise, changing precipitation patterns
and increasing storm severity, the Florida League of Cities
SUPPORTS legislation that encourages vulnerability
assessments, coordinates resources and supports the
efforts of local governments to mitigate and adapt to
these dynamic environmental conditions.
BACKGROUND
The Florida peninsula has the longest coastline
in the contiguous United States at approximately
1,350 miles. This unique geography provides for
a potentially alarming reality as it relates to sea
level rise and an ever-changing climate pattern.
Climate change is a much more divisive topic than
sea level rise. Communities in Broward, MiamiDade, Monroe and Palm Beach counties are prone
to seasonal high tides that lead to saltwater intrusion into downtown areas, sewer systems, canals,
pools and more. The adaptation and mitigation
of sea level rise is an issue that a large number of
coastal municipalities will have to face in the future.
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In 2010, the Florida Oceans and Coastal Council
released a report titled Climate Change and Sea
Level Rise in Florida: An Update of the Effects
of Climate Change on Florida’s Ocean & Coastal
Resources. That report credits two main sources,
or “processes,” of sea level rise: the expansion
of ocean water caused by increasing ocean
temperature, and the addition of “new water”
from melting reservoirs of ice.
As an association, the Florida League of Cities is not focused on the causes
of rising seas and damaging storm events. Our concern is the impact that
rising tides, rising sea levels and similar events have on municipal governments. For example, there is now a weather event that causes the City of
Miami Beach to flood during the annual super high tide, (known as the “King
tide.”)
The mitigation of sea level rise is needed, regardless of its genesis.
Municipalities face multiple challenges associated with rising tides,
such as zoning issues, saltwater intrusion, takings claims and their legal
ramifications, coastal and inland flooding, and comprehensive planning. A
recent study by the Risky Business Project, a bipartisan coalition of business
and policy leaders, warns that Florida has more private property at risk from
flooding than any other state. The study states: “By 2030, $69 billion in
coastal property in Florida could flood at high tide that is not currently at
risk. That amount is projected to continue to climb to $152 billion in coastal
Florida property by 2050. Storm-related losses linked to climate change are
expected to increase an average of $1.3 billion every year by 2030, or by $4
billion yearly on average by 2050. Even at mean sea level, more property
could flood with rising seas: up to about $15 billion worth by 2030.”
In 2015, the Florida Legislature passed CS/CS/CS/SB 1094 to require
the mandatory redevelopment component of the coastal management
elements of comprehensive plans include “development and redevelopment
principles, strategies, and engineering solutions that reduce the flood risk in
coastal areas which results from high-tide events, storm surge, flash floods,
stormwater runoff, and the related impacts of sea-level rise.” This could be
interpreted to mean that local governments now must consider sea level rise
in development and redevelopment. n
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2016 LEGISLATIVE ACTION AGENDA • 23
2016 FLORIDA LEAGUE OF CITIES
LEGISLATIVE AFFAIRS TEAM
C. Scott Dudley
Director,
Legislative Affairs
[email protected]
• State and Federal
Legislative Issues
• Governmental
Relations
Ryan Matthews
Associate Director,
Legislative Affairs
[email protected]
Energy, Environment
and Natural Resources
• Environmental
• Energy
• General Utilities
• Solid Waste
• Stormwater
• Water Quality/
Casey Cook
Senior Legislative
Advocate
[email protected]
Urban Administration
• Public Safety
• Building Code/
Construction
• Purchasing
• Ordinance/Code
Enforcement
• Emergency
Management
• Public Records/
Public Meetings
• Special Districts
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Amber Hughes
Legislative Advocate
[email protected]
Finance, Taxation
and Personnel
• Finance & Taxation
• Revenues & Budgeting
• Insurance
• Personnel & Collective Bargaining
• Workers’ Compensation
• Retirement/Pension Issues
• Telecommunications
David Cruz
Assistant General Counsel
[email protected]
Growth Management
and Economic Affairs
• Community Redevelopment
• Economic Development
• Growth Management
• Annexation
• Property Rights
• Tort Liability
• Eminent Domain
• Ethics/Elections
Megan Sirjane-Samples
Legislative Advocate
msirjanes-samples@
flcities.com
Transportation and
Intergovernmental Relations
• Rights-of-Way
• Billboards
• Transportation/
Highway Safety
• Charter Counties
• Charter Schools
• Affordable Housing/
Foreclosures
• Gaming
24 • 2016 LEGISLATIVE ACTION AGENDA
2016 FLORIDA LEAGUE OF CITIES
LEGISLATIVE AFFAIRS TEAM
Page 77
John Thomas
Senior Director,
Membership and
Public Affairs
[email protected]
Holly McPhail
Legislative Assistant
[email protected]
Allison Payne
Manager, Advocacy
Programs and Federal
Affairs
[email protected]
Erika Bowen
Administrative Assistant
[email protected]
Kraig Conn
Deputy General Counsel
and Legislative Counsel
[email protected]
Lisa Dove
Administrative Assistant
[email protected]
2016 LEGISLATIVE ACTION AGENDA • 25
2015-2016 KEY DATES*
SEPTEMBER
16-18 House/Senate Interim Committee Weeks
OCTOBER
5-9
House/Senate Interim Committee Weeks
7-8
Federal Action Strike Team (FAST) Fly-In Washington, D.C.
19-23 House/Senate Interim Committee Weeks
19-31 2015 Special Session C
NOVEMBER
1-6
2015 Special Session C
2-6
House/Senate Interim Committee Weeks
4-7
NLC Congress of Cities Nashville, TN
16-20 House/Senate Interim Committee Weeks
19-20 55th FLC Legislative Conference Embassy Suites Orlando,
Lake Buena Vista
30
House/Senate Interim Committee Weeks
DECEMBER
1-4
House/Senate Interim Committee Weeks
JANUARY
12
Legislative Session Convenes
FEBRUARY
2-3
Florida League of Cities Legislative Action Days Tallahassee
MARCH
5-9
NLC Congressional City Conference Washington, DC
11
Last Day of Regular Session
AUGUST
18-20 FLC 90th Annual Conference The Diplomat, Hollywood
*Dates subject to change
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26 • 2016 LEGISLATIVE ACTION AGENDA
The following city officials served as chairs and vice chairs of the Florida
League of Cities legislative policy committees. We thank them and the hundreds of municipals officials who participated in the development of these
legislative priorities.
ENERGY, ENVIRONMENT AND NATURAL RESOURCES
Chair: Councilmember Stephany Eley, City of West Melbourne
Vice Chair: Mayor Oliver Gilbert, City of Miami Gardens
FINANCE, TAXATION AND PERSONNEL
Chair: Commissioner Jim Norton, City of Weston
Vice Chair: Councilman James Renninger, Town of Orange Park
GROWTH MANAGEMENT AND ECONOMIC AFFAIRS
Chair: Councilwoman Prebble Ramswell, City of Destin
Vice-Chair: Mayor Bill Capote, Town of Palm Bay
TRANSPORTATION AND INTERGOVERNMENTAL RELATIONS
Chair: Commissioner Jose Alvarez, City of Kissimmee
Vice Chair: Council Member Jim Burch, City of Cape Coral
URBAN ADMINISTRATION
Chair: Commissioner Dan Daley, City of Coral Springs
Vice-Chair: Council Chair Dawn Pardo, City of Riviera Beach
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2016 LEGISLATIVE ACTION AGENDA • 27
The Action Agenda reflects the priorities of 411 municipalities,
as prepared by the Florida League of Cities’ five legislative
policy committees and adopted by the full membership
at the League’s 89th Annual Conference, August 15, 2015,
in Orlando.
2015-2016 OFFICERS
PRESIDENT
Mayor Matthew Surrency, Hawthorne
FIRST VICE PRESIDENT
Mayor Susan Haynie, Boca Raton
SECOND VICE PRESIDENT
Commissioner Gil Ziffer, Tallahassee
The Florida League of Cities, Inc., formed in 1922, represents
the municipalities of Florida. Its mission is to concentrate
the influence of all city, town and village officials upon other
policymaking bodies for the purpose of shaping legislation and
public policy, sharing the advantages of cooperative action,
and exchanging ideas and experiences.
For more information on the League’s legislative initiatives,
please contact:
Florida League of Cities
P.O. Box 1757
Tallahassee, FL 32302-1757
Phone: (850) 222-9684
Fax: (850) 222-3806
Visit the League’s website at www.floridaleagueofcities.com.
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