city council meeting tuesday, november 10th, 2020 - 7:00 pm

City Council Meeting 05/26/2020 Agenda of 2

City Council Meeting Tuesday, November 10th, 2020 - 7:00 PM

TO THE MEMBERS OF THE CITY COUNCIL OF PORT RICHEY, FLORIDA

TO THE CITY MANAGER, CITY CLERK, DEPARTMENT HEADS, AND CITY ATTORNEY OF SAID CITY

Notice is hereby given that a Regular Meeting of the City Council of Port Richey, Florida will be held at 7:00 PM on Tuesday, November 10th, 2020, at City Hall, 6333 Ridge Road, Port Richey, Florida.

Due to the City's Local State of Emergency, this meeting will be take place through the use of limited seating in the practice of social distancing. There are eight (8) seats available for the general public.

Seating will be on a first come/first serve basis

CALL TO ORDER - Mayor Scott Tremblay INVOCATION PLEDGE OF ALLEGIANCE - Mayor Scott Tremblay ROLL CALL - Sal Licari, City Clerk APPROVE COUNCIL MINUTES

1. 10.27.20 CCM Minutes

COMMENTS FROM THE GENERAL PUBLIC COMMENTS FROM THE CITY MANAGER COMMENTS FROM THE MAYOR & CITY COUNCIL COMMENTS FROM BOARDS & COMMITTEES AGENDA

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City Council Meeting 05/26/2020 Agenda of 2

CONSENT AGENDA

2. 11.10.20 Consent Agenda

$59,815.50 Dana Safety Supply – Equipment for six (6) new Police cars

$23,482.92 Payroll Taxes – October 19th, 2020 to November 1st, 2020

COUNCIL BUSINESS 3. City Manager Search Discussion

4. Second Reading of Ordinance 20-682 Vacating Property at 8237 Hayward Lane

5. Approval of Resolution 20-08 Proposed Building Department Fee Schedule

6. Appointment of Members to Boards and Committees 7. Police Department Surplus of Equipment

OLD BUSINESS ADJOURN

If a person decides to appeal any decision made by a board or council with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Any person with a disability requiring reasonable accommodation in order to participate in this meeting should call 727-816-1900 Ext. 107 or fax a written request to 727-816-1916 with a twenty-four (24) hour notice.

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File Attachments for Item:

1. 10.27.20 CCM Minutes

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City Council Regular Meeting 10/27/2020 Minutes Page 1 of 5

City Council Regular Meeting Tuesday, October 27th, 2020 - 7:00 PM

MINUTES

CALL TO ORDER - Mayor Scott Tremblay INVOCATION - Sandra Spaldi - Chapel of the Divine Spirit, recited the invocation. PLEDGE OF ALLEGIANCE - Mayor Scott Tremblay ROLL CALL - Sal Licari, City Clerk

PRESENT Mayor Scott Tremblay Vice Mayor William Dittmer Councilwoman Jennie Sorrell Councilman Todd Maklary Councilman Tom Kinsella

APPROVE COUNCIL MINUTES 1. 10.13.20 City Council Minutes & 10.20.20 City Council Workshop Minutes

A motion is made to approve the 10.13.20 City Council minutes & 10.20.20 City Council Workshop minutes. The motion is made by Councilman Kinsella and seconded by Councilwoman Sorrell. Voting Yea: Mayor Tremblay, Vice Mayor Dittmer, Councilwoman Sorrell, Councilman Maklary, and Councilman Kinsella

COMMENTS FROM THE GENERAL PUBLIC

Dave Mueller - 5439 Bluepoint Drive: He commented to the Council about vehicle speeding on Old Post Road and Koons Road. He stated that Koons Road has a twenty (20) MPH speed limit and recommended a review of all speed limits in the City.

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Sandra Spaldi - 8612 Green Street: She explained to the Council about a white vinyl fence that should not be allowed per the City Code at 8207 Old Post Road. She strongly disapproved of the erected fence.

Leonard Lord - 8114 Leo Kidd Avenue: He presented to the Council a flyer that describes a City leader appreciation luncheon on 11.18.20 from noon - 1:30 PM, and the fish fry will be on 10.28.20 at 6:00 PM. Pastor Lord also commented that the church is working with the Fire Department for the Christmas season. Linda Rodriguez - 5917 Lantern Court: She addressed the Council as the Chairwoman of the Citizens Advisory Committee and provided an update on the Waterfront Overlay District renaming. The committee is down to three names: Cotee River Landing, Port Richey Riverside, and Port Richey Pass. The CAC will have a meeting on 11.05.20 to finalize names. The CAC would also like to have a "Blessing of the Fleet" for new police cars and the fire engine.

AGENDA CONSENT AGENDA 2. 10.27.20 Consent Agenda

$23,614.55 Payroll Taxes October 5, 2020 to October 18, 2020 $13,989.41 Clifton Larson Allen Outsourced Finance Director 06.26.20 through 08.27.20 $99,599.00 Public Risk Management Liability/Workers Comp Coverage $31,779.09 KS State Bank – Engine 42 Final Payment A motion was made to approve the 10.27.20 Consent Agenda The motion is made by Councilwoman Sorrell and seconded by Councilman Maklary. Voting Yea: Mayor Tremblay, Vice Mayor Dittmer, Councilwoman Sorrell, Councilman Maklary, and Councilman Kinsella

COUNCIL BUSINESS 3. City Manager Search Discussion

The City Clerk and the Council had a Zoom video discussion with Colin Baenziger about the City Manager applicants presented to the Council. The Council selected their top three candidates. By unanimous decision, the three candidates are John Dudte, William Shanahan, and Leonard Sossamon. The Council decided by consensus to have a City Council Workshop on the 6th or 13th of November, depending on the candidates' availability. Colin Baenziger stated that he would reach out to all the candidates. The Council decided on the day that the candidates arrive at City Hall, will consist of department head meetings/interviews, a luncheon reception with the Citizens Advisory Committee and City staff, and then a workshop with the City Council.

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Dave Mueller - 5439 Bluepoint Drive: (Comment made after the fee schedule discussion). Mr. Mueller addressed the Council and approved meeting applicants. He recommended reserving the other two candidates not selected in case someone withdraws their application. Mr. Mueller asked the Council about creating a matrix of questions that will present objectivity, vision, and leadership skills. The City Clerk presented an email to the Council that addresses the City Manager search discussion. The Mayor asked that the email would be entered into the record.

4. City Building Department Permit Fee Schedule Study

The City Manager introduced to the Council Norman Bruhn to present the City Building Department fee schedule. Mr. Bruhn explained the permit fee schedule study in detail to the Council and made several points to adopt a new study. Mr. Bruhn explained that the new fee schedule would provide transparency for contractors. In 2005 it was when the last study was done. There would be a report from the building official every six (6) months to provide possible changes to the fee schedule. Mr. Bruhn explained that the fees would be a simple percentage increase. He recommended to the Council that the building department should have a two-year minimum surplus and to make corrected changes if necessary. Mr. Bruhn discussed the rest of the recommendations of the permit fee study report to the Council. Mr. Bruhn noted that the Building Department should be made into an enterprise fund. The web site improvements are also required to provide information to the State, the Council, and the general public. Mayor Tremblay inquired if the website improvements should be outsourced or completed in house. Mr. Bruhn replied that the City staff seems capable of modifying the website to meet current standards. The City Manager recommended to the Council creating an enterprise fund for that department. The City Attorney stated that the enterprise fund needs to be done to avoid litigation and mandated by Florida State law. The City Code states that the Building Department revenue should be looked at bi-annually. The City Attorney informed the Council that they could approve the study's structure at tonight's meeting. Still, an ordinance or resolution will be presented to the Council for approval to begin on 01.01.21. Councilman Maklary asked for clarification that the three (3) percent in permit fees would be re-evaluated every six(6) months. Mr. Bruhn commented that the study's language allows the City Manager, Finance Director, and Building Official to adjust and set fees for specific projects on an as-needed basis. Mr. Bruhn and the City Attorney commented that developers could hire outside entities to perform Building Department services and that the City will have to compete with other companies to complete those services. The Council discussed the study and launched the building department in a modernized and progressive step. Mayor Tremblay asked the City Attorney if everything is provided to draft an ordinance or resolution. The City Attorney replied that he has all the documentation to move forward and will consult Mr. Bruhn before presenting to the Council. A motion is made to approve the City Building Department fee schedule study. The motion is made by Councilwoman Sorrell and seconded by Councilman Maklary. Voting Yea: Mayor Tremblay, Vice Mayor Dittmer, Councilwoman Sorrell, Councilman Maklary, and Councilman Kinsella

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COMMENTS FROM THE MAYOR & CITY COUNCIL

The Mayor and Council did not have any further comments. COMMENTS FROM THE CITY MANAGER

The City Manager had no additional comments.

5. Consideration of Collective Bargaining Unit Contract The City Attorney presented to the City Council the 2020 - 2021 Police Benevolent Association contract A motion is made to approve the 2020-2021 PBA collective bargaining unit contract. The motion is made by Councilwoman Sorrell and seconded by Councilman Maklary. Voting Yea: Mayor Tremblay, Vice Mayor Dittmer, Councilwoman Sorrell, Councilman Maklary, and Councilman Kinsella

6. First Reading of Ordinance 20-682 Vacating Property at 8237 Hayward Lane The City Attorney presented the first reading of Ordinance 20-682, the vacating of property at 8237 Hayward Lane. A motion is made to approve the first reading of Ordinance 20-682. The motion is made by Councilman Kinsella and seconded by Vice Mayor Dittmer. Voting Yea: Mayor Tremblay, Vice Mayor Dittmer, Councilwoman Sorrell, Councilman Maklary, and Councilman Kinsella

7. Discussion of Vessel Parking in a Residential Area The Mayor asked for a consensus from the Council to table the discussion of vessel parking in a residential area to a later time. The Council agreed to table the item.

8. Discussion of Boat Trailer Parking at Nicks Park and Adjacent Private Lots

The Mayor asked for a consensus from the Council to table the discussion of boat trailer parking at Nicks Park and adjacent private lots to a later time. The Council agreedto table the item.

9. Police Department Surplus of Equipment

The City Manager introduced to the Council the items of equipment that the Police Department wants to deem as surplus. Councilman Kinsell inquired about the unused beach warning flags. Police Chief Robinson commented that they do not service the Police Department but said they

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could be donated to local businesses for decoration. Councilman Maklary inquired about the MAG flashlights. The Police Chief responded that the ones selected for surplus do not function. A motion is made to approve the Police Department's equipment as surplus property and disposed of by other proper means determined by the City.

The motion is made by Vice Mayor Dittmer and seconded by Councilman Maklary. Voting Yea: Mayor Tremblay, Vice Mayor Dittmer, Councilwoman Sorrell, Councilman Maklary, and Councilman Kinsella

OLD BUSINESS

Vice Mayor Dittmer commented about the Nicks Park boat ramp and that Pasco County will participate with funding for the repairs, and the scope of work should be sent to the County for review. The City Manager commented that he is meeting with Chris Martin from Ayres Associates to prepare to send the scope of work material of Nicks Park to Pasco County. Councilwoman Sorrell inquired about department head reports for the first meeting in November. The City Manager replied that the department head reports and updated financial investment reports would be emailed to the Council at the beginning of November and available at the 11.10.20 City Council meeting.

ADJOURN

A motion is made to adjourn the 10.27.20 City Council meeting. The motion is made by Councilwoman Sorrell and seconded by Councilman Maklary. Voting Yea: Mayor Tremblay, Vice Mayor Dittmer, Councilwoman Sorrell, Councilman Maklary, and Councilman Kinsella ____________________________________ Submitted By: ____________________________________ Approved By:

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2. 11.10.20 Consent Agenda

$23,482.92 Payroll Taxes – October 19, 2020, to November 1, 2020

$59,815.50 Dana Safety Supply – Equipment for six (6 )new Police cars

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Consent Agenda for November 10, 2020 Council Meeting General Fund, Utility Fund, Stormwater Utility Fund, and CRA General Fund $23,482.92 Payroll Taxes – October 19, 2020 to November 1, 2020 Penny for Pasco Fund, Police Confiscation Fund $59,815.50 Dana Safety Supply – Equipment for 6 new Police cars

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3. City Manager Search Discussion

Item:

For City Council discussion is an update on the City Manager search from Colin

Baenziger & Associates.

Action:

City Council action as deemed appropriate.

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End of Agenda Item / No Attachments

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4. Second Reading of Ordinance 20-682 Vacating Property at 8237 Hayward Lane

Item:

For City Council consideration is the second reading of Ordinance 20-682 Vacating

property at 8237 Hayward Lane. The owner has requested the vacation of the north

eleven (11) feet of the west twenty-five (25) feet of Lot twenty (20). It is the north end of

Hayward Lane to the west from the center-line of Hayward Lane. The east side of the

north end of Hayward Lane was previously vacated. The vacation is to allow for proper

setbacks of a future garage addition. This item approved for a first reading by the

Council at the 10.27.20 City Council meeting.

Action:

Motion to approve the second reading of Ordinance 20-682.

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ORDINANCE NO. 20-682

AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA, VACATING A PORTION OF A CERTAIN CITY STREET AND/OR RIGHT OF WAY;

LOCATED AT THE NORTHWEST END OF HAYWARD LANE WITH THE SURROUNDING PARCEL # 29-25-16-0080-00000-0020, PROVIDING FOR

SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.

WHEREAS, The City Council of the City of Port Richey, Florida, has been requested by Shalann Bowe to vacate that portion of a street and/or right of way as shown on Exhibit A attached hereto; and WHEREAS, it is in the best interest of the City of Port Richey to vacate said portion of said street and/or right of way; and WHEREAS, the City Council of the City of Port Richey has determined that the vacating of said portion of said street and/or right of way is not detrimental to the public interest after full consideration; and WHEREAS, the utilities providers have been contacted, and there is no objection to the City vacating of the property; and WHEREAS, the property is situated in such a manner to be a part of Shalann Bowe's yard; and WHEREAS, the only subject benefitted property, is the applicant. BE IT ORDAINED by the City Council of the City of Port Richey, Florida that the portion of the property and/or right of way located at the Northwest end of Hayward Lane and specifically described in Exhibit 1 with the surrounding parcel # 29·25-16-0080-00000-0020, according to the plat of the City of Port Richey, Florida is hereby vacated. Conflicts. Whenever the requirements or provisions of this Ordinance are in conflict with the requirements or provisions of any other lawfully adopted ordinance or statute, the most restrictive requirements shall apply. Severability. The provisions of this Ordinance are severable, and it is the intention of the City Council of the City of Port Richey, Florida, to confer the whole or any part of the powers herein provided. If any of the provisions of this Ordinance shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the remaining provisions of this Ordinance. It is hereby declared to be the legislative intent of the City Council that this Ordinance would have been adopted had such unconstitutional provision not been included herein.

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EXHIBIT "A"

LEGAL DESCRIPTION

Lot 20 Richey Cove according to the plat thereof as recorded in Plat Book 5,

Page 72 to the public records of Pasco County Florida.

Also,

A the proposed vacation of the north 11 feet of the west 25 feet of Hayward

Ave. lying south of the south lot line of lot 20, Riche Cove according to the plat

thereof as recorded in Plat Book 5 page 72 of the public records of Pasco County

Florida.

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5. Approval of Resolution 20-08 Proposed Building Department Fee Schedule

Item:

For presentation, to the City Council is Resolution 20-08 the City Building Department

Permit Fee Schedule. The study was presented and explained to the Council at the

10.27.20 City Council meeting. The fee study has been drafted into a resolution for City

Council approval.

Action:

Motion to approve Resolution 20-08

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RESOLUTION NO. 20-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT RICHEY, FLORIDA

SETTING FORTH BUILDING CODE INSPECTION FEES, PERMIT FEES AND RELATED

FEES OF THE CITY OF PORT RICHEY BUILDING AND ZONING DEPARTMENT.

WHEREAS, the City of Port Richey is a duly constituted municipality having such power and

authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and

WHEREAS, the City Staff of the City of Port Richey Building and Zoning Department has

recommended to the City Council of the City of Port Richey that the building and related fee

schedule be amended to be effective January 1, 2021; and

WHEREAS, the City Staff of the City of Port Richey Building and Zoning Departments proposes

the fee schedule be amended as a result of the recommendation of a Fee Study conducted by Norman

Bruhn CBO; and

WHEREAS, a copy of the proposed building permit fee schedule is attached hereto as Exhibit "A";

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Port Richey,

Florida in regular session, duly assembled this date, that:

1. The forgoing WHEREAS clauses are hereby incorporated herein as true and correct and are

hereby made a specific part of this Resolution.

2. The building permit fee schedule attached hereto as Exhibit "A" and incorporated herein, is

hereby adopted by the City Council of the City of Port Richey commencing on January 1, 2021

and effective until amended by a Resolution of the City Council of the City of Port Richey.

3. This resolution shall become effective January 1, 2021.

DONE AND RESOLVED WITH A QUORUM PRESENT AND VOTING

THIS________DAY OF ___________,2020

(SEAL)

Attest: CITY OF PORT RICHEY

Sal Licari, City Clerk Mayor Scott Tremblay20

Approved as to legal form and

content:

James Mathieu Esq. City Attorney

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CITY OF PORT RICHEY

PERMIT FEE SCHEDULE

EFFECTIVE JANUARY 1, 2021

(a) Generally.

The building permit fees for any alteration, repair, or construction to any property shall be those

fees specifically set forth in this section.

(b) Schedule of Fees

(1) Building permits, Mechanical permits, Electrical permits, Plumbing permits:

(i) Building permit fees with a cost of construction less than $3,000.00 shall have a

minimum fee of $90.00. The minimum fee shall be charged to all permits and is due at the

time of application.

(ii) Building permit fees shall be 3.0 percent of the value of construction above $3,000.00,

plus any additional costs listed below.

(iii) The Building Permit Fee shall be based upon the value of construction as attested to

by the applicant on the submitted permit application. The Building Official, in addition to

verifying the completeness and accuracy of the application, shall review the application for the

value of construction. If the Building Official determines that the value of construction attested

to does not accurately reflect the value of construction for the scope of work covered by the

permit, he/ she can use any of the following to calculate the fee:

(A) Copy of a signed contract for work to be completed under requested permit.

(B) Apply the values in the most current edition of the RS Means Construction Valuation

system.

(C) The greatest of the methods of the applicant's statement of value, or (A) or (B)

above shall be used in calculating the permit fee.

The Building Official determination may be appealed to the Board of Adjustments after

paying the required fees. If the applicant prevails in his/her appeal the required appeals fees

will be refunded. Should the value of work being permitted be falsely represented, any

permit already issued becomes null and void with any permitting fees then being triple the

permit fee, plus a Class Ill citation fine.

(2) State and Local surcharge/tax

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(i)

(ii)

(iii)

(iv)

DBPR - Building Code Administrators and

Inspectors Fund - Minimum $2.00 per permit

DCA - Florida Homeowner Recovery Fund -

Minimum $2.00 per permit.

Continuing Education Fund

Technology Fund

1.0% of permit fee

1.5% of permit fee

1.5% of permit fee

1.5% of permit fee

(3) Administrative fees:

(i) Re-inspection fees

A re-inspection fee will be charged for violation of the Florida Building

Code

The Building Official may waive this fee at his/her discretion

1st failed insp.

60.00

2nd failed insp.

$75.00

3rd failed insp.

$100.00

(ii)

(iii)

(iv)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xiii)

(xiv)

Condemned structure removal by City administrative fee (plus actual

cost)

Certificate of completion/occupancy

Work without a required permit

Hourly rate per trade normal building department hours

Hourly rate per trade other than normal building dept. hours (approval

and fees required 24 hours prior to services)

Temporary power request

Third and subsequent plan reviews for previously noted deficiencies

Fire plan review per hour

Engineering plan review per hour

Change of contractor

Development review fee (Covers all disciplines)

(Including City Engineer and/or City Planner)

Special events permit

$200.00

$35.00

3x permit fee and

Class 111 fine

$60.00

$90.00

$100.00

$150.00

$250.00

$150.00

$25.00

$1000.00

$1250.00

$50.00

(c) Refunds

No refunds shall be issued for permits .

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The Building Official, at his/her discretion, with the approval of the City Manager may, prior to

issuing a permit, review the estimated cost of providing the full services of the Building Department

for projects with a value of construction in excess of $1,500,000.00 and provide a recommended

permit fee. The final permit fee must be reviewed and approved by the City manager, Finance

Director and the Building Official. The intent of this section is to maintain a fair and fiscally

responsible permit fee.

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6. Appointment of Members to Boards and Committees

Item:

For City Council consideration is to appoint Lexi Kust to the Historic Commission

Committee. This committee has four (4) open vacancies and currently, Angel Nally is

the only member.

Action:

Motion to appoint Lexi Kust to the Historic Commission Committee.

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1

Sal Licari

From: lucyimhome <[email protected]>Sent: Tuesday, October 20, 2020 5:51 PMTo: Sal LicariSubject: Historic Commission

Hi Sal. Here's my info. Lexi Kust 4650 Bay Blvd #1035 PR 34668 As I said I am currently enrolled in the Citizens Academy and wish to get involved in my community. I have been here for 2 years. I was involved in a historic farm park in Wisconsin for many years as an employee, as a volunteer, and as a member of the BOD. I also served as president for a year of my tenure. I don't know much of anything about local history, but I am interested and I can learn! Let me know how I can get involved. Thank you, Lexi Kust Sent from my T-Mobile 4G LTE Device

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7. Police Department Surplus of Equipment

Issue:

For City Council consideration is equipment currently in the Police Department that is

ready to be deemed surplus. The equipment is currently damaged, out of service,

outdated, or otherwise unusable to the Police Department The equipment will be

disposed of by proper means as determined by the City.

Action:

Motion to approve the equipment from the Police Department as surplus property and

disposed of by other proper means determined by the City.

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city council meeting tuesday, november 10th, 2020 - 7:00 pm

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