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New Port Richey Online
City CouncilTue, Nov 15, 2016

Council passed Ordinance #2016-2091 on second reading, rewriting the city's noise code with decibel limits, exemptions, and penalties; renewed five waste hauling permits.

22 items on the agenda · 16 decisions recorded

On the agenda

  1. 1Call to Order – Roll Call0:00
  2. 2

    Pledge of Allegiance

    The Pledge of Allegiance was recited.

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    [00:00:12] I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

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  3. 3

    Moment of Silence

    The council observed a moment of silence as a procedural item.

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    [00:00:31] Thank you, you may be seated.

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  4. 4

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    Approval of November 1, 2016 Regular Meeting Minutes

    approved

    Council approved the minutes of the November 1, 2016 regular meeting following roll call.

    • motion:Approve the minutes of the November 1, 2016 regular meeting. (passed)
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    [00:00:43] Next item on the agenda is the approval of the November 1st meeting minutes. [00:00:48] Mr. Mayor, you need to take the roll. [00:00:50] Oh, I'm sorry, I jumped one. Could we have the roll call, please? [00:00:53] Mayor Marlow. Here, ma'am. [00:00:55] Deputy Mayor Phillips. Here. [00:00:57] Councilwoman DeBella Thomas. Here. [00:00:58] Councilman Starkey. Here. [00:01:00] Councilman Davis. Here. [00:01:02] City Manager Manz. Here. [00:01:04] City Attorney Driscoll. Here. [00:01:06] Don't teach me not to check stuff off the agenda as we go. [00:01:08] Now, we'll go to the approval of the November 1st meetings. [00:01:11] Move for approval. [00:01:13] Second. Motion is seconded. Any discussion? [00:01:15] Hearing none, all those in favor, please signify by saying aye. Aye. [00:01:19] Opposed, like sign. [00:01:21] Motion passes.

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  5. 5

    Proclamation - Small Business Saturday

    approved

    Mayor proclaimed November 26 as Small Business Saturday in the City of New Port Richey, encouraging residents to support local small businesses for holiday shopping.

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    [00:01:23] I have a couple of proclamations tonight. [00:01:27] The first one, I don't believe I've got anybody here for, [00:01:32] is proclaiming the 26th of November as Small Business Saturday in the City of New Port Richey. [00:01:40] I encourage you to go visit our small businesses and buy stuff for Christmas. [00:01:46] It will help the small guys out. [00:01:49] Next, I have a proclamation, and I believe Mr. Hook is going to come join me at the podium.

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  6. 6

    Proclamation - National Family Caregivers Month

    approved

    Mayor Rob Marlow read a proclamation designating November as National Family Caregivers Month in the City of New Port Richey, with the theme 'Take Care to Give Care.' A representative named David accepted the proclamation and thanked the Council, noting the contributions of family caregivers to the elderly and disabled.

    • direction:Proclaim November as National Family Caregivers Month in the City of New Port Richey. (passed)
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    [00:02:13] We work on teaching people how to use cell phone cameras. [00:02:19] This is a proclamation of the City of New Port Richey. [00:02:22] Whereas the first rule of taking care of others is to take care of yourself first, [00:02:26] caregiving can be a rewarding experience, but it is also physically and emotionally demanding. [00:02:31] The stress of dealing with caregiving responsibilities leads to a higher risk of health issues [00:02:36] among the nation's 90 million family caregivers. [00:02:40] And whereas one out of five caregivers agree they have sacrificed their own physical health [00:02:44] while caring for a loved one, this incident is even higher in high burden of care roles. [00:02:50] And whereas nutritious eating helps promote good health, ensuring proper nutrition is key [00:02:55] to helping caregivers maintain strength, energy, and stamina, as well as support their immune systems. [00:03:02] Maintaining a healthy diet is one of the most powerful things caregivers can do to take care of themselves. [00:03:07] And whereas poor nutrition is a problem for many older adults, [00:03:11] up to half of all older adults, caregivers, and patients are at risk for malnutrition. [00:03:17] Many times this risk goes undetected, leading to loss of strength, health complications, [00:03:23] longer hospital stays, and increased readmissions. [00:03:27] Recognizing nutrition is a vital sign of older adult health, [00:03:31] and including malnutrition screening and intervention in healthcare quality issues [00:03:36] can help improve recovery from illness, which benefits everyone in the family. [00:03:41] And whereas the recognition of families as valued caregivers is growing every year, [00:03:46] it is even more important to encourage them to take care of themselves and their own nutrition, [00:03:51] as well as nutrition of their loved ones, so they can continue to give the heartfelt care [00:03:56] to which their loved ones depend. [00:03:59] And whereas only by taking care of yourself can you be strong enough to take care of your loved one, [00:04:04] you really do need to take care to give care. [00:04:06] Now, therefore, I, Rob Marlow, Mayor of the City of New Port Richey, [00:04:10] do hereby proclaim the month of November as National Family Caregiver's Month [00:04:15] in the City of New Port Richey, with the theme, Take Care to Give Care, [00:04:19] and commend those who provide for the needs of loved ones in our community on a daily basis. [00:04:36] David, if you'd like to say a few words. [00:04:39] I'd like to thank the City Council and the Mayor and the City of New Port Richey [00:04:43] for the proclamation. [00:04:46] And as we're moving into Thanksgiving season, to remind people [00:04:51] that the majority of the elderly and the disabled are cared for by family caregivers, [00:04:57] and this is what keeps the disabled and the elderly out of our lives. [00:05:01] And we need to recognize the contribution that these people make silently to our community. [00:05:08] Thank you very much. [00:05:11] Thank you very much.

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  7. 7Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda5:14
  8. 8.a

    Purchases/Payments for City Council Approval

    approvedon consent

    Council approved the consent agenda containing purchases/payments for City Council approval without pulling any items.

    • motion:Motion to approve the consent agenda. (passed)
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    [00:11:07] Next item on the agenda is the consent agenda. [00:11:09] Do we have any items that need to be pulled? [00:11:11] Move for approval. [00:11:13] Motion to approve. [00:11:15] Second. [00:11:17] All those in favor, please signify by saying aye. [00:11:19] Aye. [00:11:20] Opposed, like sign. [00:11:22] Next is public reading of ordinance,

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  9. 9.a

    Second Reading, Ordinance #2016-2091 Relating to Noise

    approved

    Council held second reading of Ordinance #2016-2091, repealing and replacing noise provisions in the City Code (sections 14-21 through 14-25), establishing decibel limits, exemptions, penalties and enforcement. The Police Chief reviewed decibel readings taken near downtown lounges (notably Dulcet/Dosette and the Reef) and at concerts in Sims Park to justify the 70 dB non-residential benchmark. Council acknowledged the ordinance does not apply to council-approved park events and passed the ordinance unanimously by voice vote.

    Ord. Ordinance #2016-2091

    • motion:Move for approval of Ordinance #2016-2091 on second reading. (passed)
    • vote:Voice vote to adopt Ordinance #2016-2091 relating to noise. (passed)
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    [00:11:23] ordinance number 2016-2091. [00:11:26] Ordinance number 2016-2091, [00:11:30] an ordinance of the city of New Port Richey, Florida, [00:11:32] providing for the repeal and replacement of article 2, [00:11:34] sections 14-21 through 14-25 [00:11:38] of the New Port Richey Code of Ordinances [00:11:40] pertaining to noise, [00:11:42] providing definitions of terms, [00:11:44] providing noise limitations, [00:11:46] providing exemptions, [00:11:48] providing penalties for excessive noise, [00:11:50] providing for enforcement, [00:11:51] and providing for the repeal and replacement [00:11:53] of article 2, sections 14-25. [00:11:55] This is a public reading and ordinance [00:11:57] and open it up for public comment. [00:11:59] Seeing no one come forward, [00:12:01] bring it back to council. [00:12:03] Move for approval. [00:12:05] Second. [00:12:07] We have a motion and a second to the maker. [00:12:09] Have we done what we requested [00:12:11] when we passed the first reading [00:12:13] and contacted the business owners [00:12:15] that are going to be most susceptible yet? [00:12:17] Are we going to wait to do that after this? [00:12:19] In response to the question, [00:12:21] are we going to talk to the property owners [00:12:23] in the downtown area [00:12:25] about the noise decibel readings [00:12:27] that will be taken at their property? [00:12:30] Property owners being the owners [00:12:32] of the bars and restaurants with the live music? [00:12:34] I went to the... [00:12:36] We had so many noise complaints to deal with [00:12:38] that I went to the primary offenders [00:12:41] and delivered the ordinances to those lounges. [00:12:44] It's no surprise, [00:12:46] as I know Councilman Phillips was concerned about. [00:12:48] Yeah. [00:12:49] Pursuant to Ms. Mann's manager's report on Friday, [00:12:51] there was an attachment in there [00:12:53] that Mr. Davis, [00:12:55] Councilman Davis had asked for [00:12:57] with regards to decibel levels [00:12:59] and elements like that. [00:13:01] Ms. Manns, [00:13:03] can you have the chief [00:13:05] kind of walk us through [00:13:07] what those decibel levels are? [00:13:09] Because I, you know, [00:13:11] it's a, [00:13:13] it's a big issue. [00:13:15] I mean, [00:13:16] what those decibel levels are, [00:13:18] because I, you know, [00:13:20] it's somewhat subjective, [00:13:22] somewhat, [00:13:24] and I know that every city's dealt with it. [00:13:26] And when Tampa has a hard time [00:13:28] dealing with noise [00:13:30] and noise ordinances [00:13:32] with their makeup of businesses, [00:13:34] I'm just trying to make sure [00:13:36] that we vet this thing [00:13:38] as well as we can [00:13:40] before we put it into play [00:13:42] and put it into place [00:13:44] to take out what was there, [00:13:46] what was possible. [00:13:48] So you took decibel readings, [00:13:50] you went around the city [00:13:52] before we put all this together. [00:13:54] I just want a little peace of mind [00:13:56] before I cast my second vote on this, [00:13:58] as it is a tool [00:14:00] that's going to allow you [00:14:02] to help everyone [00:14:04] enjoy their property better, [00:14:06] especially the ones that are [00:14:08] a little closer to downtown [00:14:10] where it seems to be there's [00:14:12] an inordinate amount of [00:14:14] late night music [00:14:16] which to me anymore [00:14:18] is 1030 at night. [00:14:20] You know, some people it's 12, [00:14:22] now it's 1030 for me. [00:14:24] But if you could just highlight that [00:14:26] so we can talk about it. [00:14:28] We went through [00:14:30] two processes [00:14:32] of trying to determine [00:14:34] what would be appropriate levels [00:14:36] to put restrictions on [00:14:38] and to find a benchmark [00:14:40] to work from. [00:14:42] And keeping in mind [00:14:44] that we did some homework ahead of time, [00:14:46] that we had done, [00:14:48] we knew what their decibel readings [00:14:50] were for the commercial areas [00:14:52] as well as their entertainment areas [00:14:54] and then their residential areas [00:14:56] and the hours that they allowed [00:14:58] certain levels of noise. [00:15:00] And then that changed [00:15:02] depending on what we did. [00:15:00] on the time of the day. [00:15:01] So what we first did is in February, [00:15:08] we simply went to the lounges, [00:15:12] around the lounges that we had received [00:15:16] a number of noise complaints from them [00:15:18] to find out what the readings were [00:15:22] around the times of the night [00:15:24] that we were having the complaints. [00:15:27] And again, keeping in mind what other [00:15:30] entertainment districts used for noise levels. [00:15:33] And we took the readings, [00:15:36] still without our own ordinance drafted, [00:15:38] we simply went to the borders of these businesses. [00:15:44] In some cases where we went to a business, [00:15:47] we might have taken three different readings. [00:15:49] And we took them over a span of 15 minutes [00:15:52] and then averaged the readings to see what we were getting. [00:15:56] Now, anyone that deals with a noise ordinance [00:16:01] will tell you there's initially [00:16:03] some degree of subjectivity. [00:16:04] What may seem loud to one person [00:16:07] may not seem that loud to another or permissible. [00:16:10] So our goal was to try to find a level [00:16:13] that we thought would work in our type of downtown. [00:16:17] The flyer that you've gotten, [00:16:21] or the data sheet that I gave you [00:16:26] that is listed as Restaurant and Lounge [00:16:29] Random Sound Readings, [00:16:31] it lists on there the dates, the time of the day, [00:16:34] the name of the business, [00:16:35] and exactly where our officer was positioned [00:16:39] when he took the readings. [00:16:40] And you'll see that the readings ranged [00:16:45] for the most part [00:16:48] during those hours, [00:16:51] which are the hours that are permissible hours for sound, [00:16:54] they fell within the non-residential high, [00:16:57] for the most part, [00:16:58] through the non-residential high reading of 70 decibels. [00:17:05] As I look down, just a quick glance down through this, [00:17:07] I'm seeing 65, 71.8, 60.3, 74.6. [00:17:12] It kind of ran like that for the most part. [00:17:14] There was an occasional one that was, [00:17:19] we had one that was 74, [00:17:23] and that was at the Dulcet one particular evening, [00:17:26] and we've also had a number of complaints on Dulcet. [00:17:29] So we were trying to get a feel [00:17:31] for what we thought was the right amount of sound [00:17:34] to permit up till that time frame. [00:17:37] So once we did that, [00:17:39] then we had a great opportunity [00:17:41] to see what was happening around our park [00:17:46] and how far and what the sound readings were [00:17:49] as you got away from the center of the park [00:17:52] and more toward Main Street and then off to the east. [00:17:55] And in fact, we went to the west too [00:17:57] on the other side of the river to the boat ramp. [00:18:00] And that's where it says [00:18:01] the concerts in the park sample sound readings. [00:18:04] And those decibel levels [00:18:07] for the types of events that we have in the park, [00:18:10] and these were the four concerts in the park, [00:18:13] the Sean Brown concert, Coastal Acoustic, [00:18:16] Isaac Byrd, and the Dulcet concert. [00:18:19] So when we took those readings, [00:18:22] some were lower than the 70 decibels, [00:18:25] but then there were also some that were higher. [00:18:28] But when you look at the chart, [00:18:29] you have to look at where somebody was standing. [00:18:32] Across the top of it for each of the concerts, [00:18:36] we had an officer and I was with him [00:18:38] for a number of these readings. [00:18:40] We were exactly in the center of the park [00:18:42] in front of the stage, [00:18:44] where you would expect the loudest sound to be. [00:18:46] But when we went around to the rear of the Hacienda, [00:18:49] or when we went over to the rear of the Hacienda, [00:18:52] the sound levels could drop considerably. [00:18:56] The Main Street entrance, [00:18:59] they, for each of the concerts, [00:19:02] and these again were averaged, [00:19:04] came across at 78 decibels, 73 decibels, [00:19:09] 92.4 and 96.8. [00:19:10] That 92.4 and 96.8, that's pretty loud. [00:19:13] That's right at the main entrance to the park. [00:19:16] But it's also a city-approved event. [00:19:18] So that didn't alarm me too much. [00:19:20] There aren't any residences right there [00:19:22] in front of where that reading was taken. [00:19:25] We took them from the boat ramp all around the same time, [00:19:30] and they came down at the city boat ramp [00:19:33] and came across at 72, 82, 81.9 and 75.7. [00:19:37] Again, that's right at the ramp, [00:19:39] not up near someone's house on River Road. [00:19:43] So I think when you look at all of these charts [00:19:48] and try to assimilate all those numbers [00:19:51] and look at the readings that were, [00:19:53] the limits that were offering up, [00:19:55] I think it's a reasonable starting point [00:19:58] to figure out if this is appropriate for the city. [00:20:04] Yeah, I just wanted to make sure [00:20:05] that people didn't think we just took it out of the air. [00:20:10] I mean, obviously we've dealt with this. [00:20:12] We've had a lot of noise complaints [00:20:14] over the last couple of years, [00:20:15] and we recognize that the existing ordinance [00:20:19] didn't allow us to collectively address the issue. [00:20:27] So at least we have these benchmarks [00:20:30] to start it moving forward. [00:20:32] How was, I guess, when you delivered these ordinances, [00:20:38] the ordinance that we have after first reading, [00:20:43] how were you received? [00:20:46] Actually, I did not receive any real pushback, [00:20:51] but I was also presenting it where I spoke first [00:20:54] and I explained why we were doing it. [00:20:56] They're well aware of the number of times [00:20:59] we respond to their business. [00:21:01] And they also, I think for the most part, [00:21:07] want to be good neighbors. [00:21:08] Okay, so I thank you, Mr. Mayor. [00:21:10] Councilman Davis. [00:21:11] My only concern is Dosette and Cavalier Park, [00:21:16] and that is like nowhere near the distances [00:21:20] that you were in Sims Park, or across the river. [00:21:23] And so I'm looking at this as definitely a beginning [00:21:28] and not an end to trying to deal with this, [00:21:32] because we are the ones that leased Cavalier Park [00:21:37] to Dosette with them having the opportunity to have music. [00:21:41] So I just want us to at least have an open mind [00:21:44] that we might adapt it a little bit, [00:21:47] maybe times and decibels as it goes down the road. [00:21:51] Chopper, and I truly appreciate that. [00:21:52] I thought, when we took the readings at Dosette, [00:21:56] we realized that was one of the primary, [00:21:59] there are two businesses that we had the most number [00:22:01] of complaints about in Dosette, and the Reef. [00:22:06] Right. [00:22:07] With Dosette, the times when we got the complaints, [00:22:11] it was very loud. [00:22:13] It really was to where they were exceeding [00:22:17] what would be reasonable if you were living [00:22:19] in that neighborhood. [00:22:20] Well, I find myself, even when I go by there, [00:22:23] the people that are there to listen to the groups [00:22:26] are sitting furthest to the east on their property. [00:22:30] So they're not right up front themselves. [00:22:33] So I understand that. [00:22:34] And then we just, the other one, the Reef, [00:22:36] trying to get them to close their door. [00:22:37] I understand both those things. [00:22:39] So, but, and I haven't been in that business. [00:22:43] It's, I at one time went out to my main circuit breaker [00:22:47] and just turned it off. [00:22:48] And so I could talk to the people that are banned, [00:22:50] because it was just, the people weren't staying. [00:22:53] They weren't going to stay at my place. [00:22:55] So, I mean, I understand, but it's just, [00:22:57] I just want flexibility as we go along. [00:23:00] Thank you, Councilman. [00:23:01] Councilman DeBell-Thomas. [00:23:03] Yes, well, I want to make sure that people understand [00:23:06] that there's so many other elements besides [00:23:09] what we're talking about with decibels. [00:23:11] One of them is that we have a park that's on a river [00:23:16] and that water, sometimes at night, [00:23:18] when it's a clear night, that music or even talking, [00:23:22] I can tell you verbatim what people are saying on stage. [00:23:25] And it's not necessarily because the decibels are loud. [00:23:28] It's just that it's a clear night [00:23:29] and the water is carrying the sound. [00:23:30] So I think that, you know, [00:23:32] is this going to be a challenge for us? [00:23:34] I think this is a great start, [00:23:36] but I can tell you that it's not just the decibels. [00:23:41] It's all of those other elements, you know, [00:23:43] whether it's, you know, the wind carrying it or whatever. [00:23:45] So the reason I'm saying that is because we're, you know, [00:23:50] if we vote this and put this in place, [00:23:53] we want people to understand that there may be [00:23:54] some tweakings, but there also may be, [00:23:57] even with the decibel levels being reasonable and whatever, [00:24:01] there may still be times when noise [00:24:04] or what is some people perceive to be noise [00:24:06] is going to carry in a quiet night along the water. [00:24:10] I would like to make a comment [00:24:12] because I want to make sure there's no misunderstanding. [00:24:14] We are not applying these decibel readings to the park. [00:24:18] The park events are things that council approves. [00:24:22] And with that, you set time limits. [00:24:25] I mean, I've heard many, many discussions in here about that [00:24:28] and those are going to be the exceptions. [00:24:31] So that's a judgment call that you'll make. [00:24:33] I didn't want you to think we're going to walk [00:24:34] into the middle of a concert and shut it down [00:24:37] because they're, you know, at 84 decibels. [00:24:39] Right, and actually, Chief, I'm glad that you, [00:24:42] that we had this conversation because I know that [00:24:46] perhaps because of where I live, [00:24:47] I do get calls when there's a concert [00:24:50] or something going on in the park. [00:24:51] And that's, you know, that is the point [00:24:54] that I think we have an 11 o'clock PM curfew. [00:24:58] And so whatever happens up to that time, [00:25:01] you know, has to be addressed. [00:25:02] So whether it's loud, too loud, or whatever, [00:25:05] thank you for that clarification. [00:25:07] So people then that are watching understand, [00:25:10] we're not talking about concerts in the park [00:25:12] or activities in the park. [00:25:14] With that said, will the decibel levels [00:25:17] that we've established for the businesses address, [00:25:21] I know it was a major concern for the theater [00:25:24] that noise levels were, you know, [00:25:30] creating problems for them inside the theater. [00:25:32] Whether there's an issue where perhaps [00:25:35] their own baffling needs to be attended to or whatever, [00:25:39] but would those levels that we've established now [00:25:43] address those concerns? [00:25:44] I think I can speak to it. [00:25:46] The folks at Ritchie Suncoast have now opened up [00:25:52] where Jimmy Farrar's studio theater was, [00:25:55] and one of the first things they did [00:25:57] was go in and add significant additional sound deadening. [00:26:01] That was a very interesting case [00:26:03] because the noise wasn't so loud as it was [00:26:05] certain frequencies were transmitting [00:26:07] right into the building. [00:26:08] But I think it was also the theater itself [00:26:11] that at times when they were having performances [00:26:13] that there was very, the music was very loud [00:26:16] from Coral Reef. [00:26:17] If the Coral Reef had the doors open. [00:26:18] Yeah, okay, thank you. [00:26:20] I think it's a good start. [00:26:22] Certainly the idea that there's a certain point [00:26:27] in the evening when we really need to [00:26:31] calm it down a little bit. [00:26:32] I don't want to see us do anything [00:26:34] that would inhibit a very exciting and vibrant downtown [00:26:40] on a Friday night or a Saturday night. [00:26:42] But at the same time, there's a certain point [00:26:44] where it's got to be cut back [00:26:46] just so that folks can get a decent night's sleep. [00:26:49] I do think at some point we may want to chat [00:26:52] about the events in the park. [00:26:58] Decibel readings, particularly in the concert circle, [00:27:02] for some of the events are at levels [00:27:05] that are damaging to hearing [00:27:07] with fairly short exposure periods. [00:27:10] And heaven knows I listened to enough loud music [00:27:15] in my youth that I'm paying for it now. [00:27:17] But we don't need to encourage things [00:27:21] that are as loud as jet aircraft in the park. [00:27:25] We may need to start encouraging our event organizers [00:27:29] to be just a little more cognizant [00:27:32] of what they're doing to the folks in the concert circle. [00:27:36] That's a discussion for another night. [00:27:39] There's any more discussion on this ordinance? [00:27:43] Hearing none, all those in favor, [00:27:44] please signify by saying aye. [00:27:46] Aye. [00:27:46] Opposed, like sign. [00:27:47] Motion passes.

    This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

  10. 10.a

    Waste Hauling Franchise Fee Percentage and Agreement Form - Resolution No. 2017-02

    approved

    Council adopted Resolution 2017-02, continuing the waste hauling franchise fee and adopting the form franchise agreement. Discussion emphasized that collected fees should go primarily toward street repair and maintenance rather than the general fund, and noted a possible future conversation about moving to a single-hauler or site-specific arrangement.

    Ord. Resolution No. 2017-02

    • motion:Motion to approve Resolution 2017-02 adopting the form of waste hauling franchise agreement and establishing the franchise fee percentage rate. (passed)
    ▶ Jump to 27:50 in the video
    Show transcript

    Auto-transcript · machine-generated, may contain errors

    [00:27:50] Next, we'll go to business items. [00:27:51] The first item is the waste hauling franchise fee [00:27:54] percentage and agreement form resolution number 2010-02. [00:28:00] This is resolution 2017-02, [00:28:03] a resolution of the city council [00:28:05] of the city of New Port Richey, Florida, [00:28:06] adopting the form of waste hauling franchise agreement, [00:28:09] establishing a franchise fee percentage rate, [00:28:11] and providing for an effective date. [00:28:13] Thank you. [00:28:14] Open this up for public comment. [00:28:16] Seeing no one come forward, bring it back to council. [00:28:20] Move for approval. [00:28:22] We have a motion. [00:28:27] Second someone? [00:28:28] I'll second it. [00:28:29] Thank you. [00:28:30] To the maker. [00:28:31] No, this is just a continuation of the franchise fee [00:28:35] that we put into place a couple of years ago. [00:28:37] And obviously, the cover memorandum covers the setup. [00:28:45] We had many reasons why we put this into place. [00:28:48] The only thing I want to make sure of is that it clearly [00:28:51] identifies that a majority of these dollars that [00:28:55] are collected are going back into our repair and maintenance [00:28:59] and into our streets, and not just arbitrarily back [00:29:04] into the general fund. [00:29:06] I think it's a little hypocritical. [00:29:10] We called them out a couple of years [00:29:11] ago and told them all the damage they were doing [00:29:13] and how many times they were coming through. [00:29:16] At that same time, they were doing a pretty extensive blue [00:29:19] bag pickup process. [00:29:22] Now the county's changed that environment, too, [00:29:25] because you never know when they're [00:29:27] picking up your recyclables. [00:29:29] So they still come through, but they [00:29:31] don't have to stop as often. [00:29:33] But clearly, we were experiencing [00:29:37] quite a bit of damage. [00:29:39] We highlighted it. [00:29:40] They came to us. [00:29:41] We had to work through all the processes of putting this. [00:29:44] It appears that we have a like kind number of haulers [00:29:49] that have stayed in business and have continued to do that. [00:29:54] Obviously, at some point in the future, not this year, [00:29:59] maybe not next. [00:30:00] But the conversation needs to occur if there's the opportunity to do either a site-specific [00:30:09] or a one-hauler situation, because at the end of the day, they come running through [00:30:16] it all hours, and for those of you who don't live next to Gulf Middle School, I don't care [00:30:24] how you try to police it that they don't pick up the trash before 6 a.m., but periodically [00:30:29] during the year, usually in the summer, because they want to get started because it's a lot [00:30:33] hotter and all those kind of things, and I recognize that. [00:30:37] But 5-15, when they drop those dumpsters down doing that bang, bang, bang to make sure they [00:30:42] got everything out of it, I got to tell you, it's better than my alarm clock, better than [00:30:47] the dogs next door that they let out the bark at 5 a.m., so. [00:30:52] But at the end of the day, that's a conversation we have as we grow as a city. [00:30:56] We put this particular fee in place, we've seen it go through its process, I think it's [00:31:02] been a good way and a good opportunity for us to work with the trash haulers and for [00:31:09] them to still be viable, because obviously they pass through the fee directly back on [00:31:13] the bill, so that's fine, but at the end of the day, we obviously, I don't think we designed [00:31:21] some of the streets and some of the alleyways and some of the places in New Port Richey [00:31:25] for the size of trucks that we have servicing them, but they've done a great job and I [00:31:29] appreciate the service that they do. [00:31:31] And of course, we're not asking you to pick up the yard debris, because we still provide [00:31:35] that on the ad valorem dime, and every time we start kicking the tires about changing [00:31:40] that a little bit, we can fill this place in a heartbeat, in a heartbeat, because it's [00:31:45] become an expected level of service for us to do, and then we still have to worry about

    This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

  11. 10.b

    Public Hearing, Special Waste Hauling Applications for the 2017 Calendar Year

    approved

    Council held a public hearing to renew special waste hauling permit applications for the 2017 calendar year for five haulers. Staff recommended approval and the motion passed unanimously with no public comment.

    • motion:Move for approval to renew the 2017 special waste hauling permit applications for the five listed haulers. (passed)
    ▶ Jump to 31:47 in the video
    Show transcript

    Auto-transcript · machine-generated, may contain errors

    [00:31:50] the illegal dumpers. [00:31:51] So that's all I have, Mayor. [00:31:53] Thank you. [00:31:54] Ms. Banz, I just wondered if we, did we find out if we had made that change? [00:31:59] I know that the folks from Progressive were concerned about the recycling issue. [00:32:03] I had a discussion with them today and it's been resolved. [00:32:06] Okay, thank you. [00:32:07] I didn't want to go ahead and move through this if there was some issue. [00:32:10] Thank you. [00:32:11] Councilman Sturkey? [00:32:12] I have no comments, thank you. [00:32:13] Councilman Davis? [00:32:14] Nothing. [00:32:15] Just clarification, we're not changing the rate, correct? [00:32:17] That's correct. [00:32:18] It will remain at 10%. [00:32:19] Very good. [00:32:20] If there's no further discussion, all those in favor, please signify by saying aye. [00:32:24] Aye. [00:32:25] Opposed, like sign. [00:32:26] Motion passes. [00:32:27] Next is public hearing on special waste hauling applications for the 2017 calendar year. [00:32:37] Mr. Mayor, members of the Council, the request before you this evening is to renew the permit [00:32:44] applications for the 2017 calendar year on behalf of County Recycling, J.D. Parker & Sons, [00:32:52] Seaside Sanitation, Waste Management Incorporated of Florida, and Petersen's Service Corporation. [00:33:00] The staff has reviewed the applications as well as the service record of the companies [00:33:07] previously noted, and we're recommending that you renew all of the permit applications. [00:33:13] Thank you. [00:33:14] This is a public hearing, so public comment would be appropriate at this time. [00:33:20] Seeing no one, come forward to bring it back to Council. [00:33:23] Move for approval. [00:33:24] Second. [00:33:25] To the maker? [00:33:26] No, sir, I think we covered it. [00:33:27] To the second? [00:33:28] Yes, thank you. [00:33:29] Councilman Davis? [00:33:30] Nothing. [00:33:31] Councilman Starkey? [00:33:32] Nothing. [00:33:33] I'm fine with this as well. [00:33:34] If there's no further discussion, all those in favor, please signify by saying aye. [00:33:38] Aye. [00:33:39] Opposed, like sign.

    This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

  12. 10.c

    2016/2017 Sanitary Sewer Gravity Lining Project

    approved

    Council awarded the 2016/2017 Sanitary Sewer Gravity Lining Project to Lane Inliner, LLC for an amount not to exceed $296,843, using City of Plantation pricing. The trenchless rehabilitation will address aging infrastructure in East Madison, North Park, North River, Glen Gary, Magnolia Valley, the Meadows, Brandywine Condominiums, downtown, and the US 19 corridor.

    • motion:Motion to approve award of the 2016/2017 Sanitary Sewer Gravity Lining Project to Lane Inliner, LLC, not to exceed $296,843, using City of Plantation pricing. (passed)
    ▶ Jump to 33:41 in the video
    Show transcript

    Auto-transcript · machine-generated, may contain errors

    [00:33:41] Next is 2016-2017 Sanitary Sewer Gravity Lining Project. [00:33:50] As indicated by the Mayor, the purpose of this agenda item is to award the 2016-17 Sanitary [00:33:57] Sewer Gravity Lining Project. [00:34:00] Our recommendation is to award the bid to Lane & Liner, a limited liability corporation, [00:34:09] for an amount not to exceed $296,843,000 for sanitary sewer gravity main rehabilitation. [00:34:21] This particular technology is a proactive approach to rehabilitate an aging infrastructure. [00:34:34] It does not require any digging, which leaves a lot less disruptions to the public. [00:34:44] The areas that are included in this year's project have been identified as East Madison, [00:34:51] North Park and North River neighborhoods, Glen Gary, Magnolia Valley, the Meadows subdivisions, [00:34:57] Brandywine Condominiums, the downtown area, and the US Highway 19 project. [00:35:04] We are recommending, again, Lane & Liner, and we are using the pricing as submitted [00:35:11] from the City of Plantation, and if you have any specific questions, Mr. Rivera can respond [00:35:20] to them. [00:35:21] Very good. [00:35:22] Open this up for public comment. [00:35:24] Seeing no one, come forward and bring it back to Council. [00:35:29] Move for approval. [00:35:30] Second. [00:35:31] To the Mayor. [00:35:32] Yeah, Mr. Rivera, a few questions. [00:35:37] One, it does take some digging to get to the pipe, does it not? [00:35:42] You have to dig down to get to at least one spot on the pipe so you can begin the infusion [00:35:48] of the new liner, is that correct? [00:35:50] Well, most of the time the way we do it is we go through the manhole, and the company [00:35:56] will take and clean and prep the existing pipe, and then we'll take that liner and actually [00:36:02] fish it through the section of pipe in between each manhole, and then expand it. [00:36:09] Typically there is no digging. [00:36:10] If it is, it's because we've had to go in an area where there isn't a manhole, and we've [00:36:16] had to do some kind of remediation work. [00:36:19] Magnolia Valley, obviously it's outside the city, we've seen that the golf course has [00:36:23] been closed down, is that at an adverse effect, or is it going to affect anything with regards [00:36:28] to this particular, because obviously Brandywine is right next to it. [00:36:31] It actually will help us. [00:36:33] One of the major components of these types of projects is it helps with the stormwater [00:36:39] intrusion that comes in during the storms where you have the sewer overflows. [00:36:44] This helps isolate your system, so the work that the county is proposing to be able to [00:36:49] take additional stormwater and then enlarge those pumps that will actually move some of [00:36:55] that stormwater, with us doing this project in conjunction with that, it's actually beneficial [00:37:00] all the way around. [00:37:02] My last question has to do with the Highway 19 corridor. [00:37:07] Obviously with all the work FDOT did out there for a long, long, long time, right Mr. [00:37:12] Mayor? [00:37:13] Long time. [00:37:14] Mr. Mayor had it on his clock, I think he had a running clock, like the national debt, [00:37:22] how long it was going to continue to go up. [00:37:23] It was a calendar. [00:37:24] Calendar year, but we didn't do any of this type work while they had all of that stuff [00:37:34] torn up. [00:37:35] I'm trying to limit any opportunity for disruption on Highway 19 because those people weren't [00:37:44] happy the first time around and we're going to be the sole source of their entertainment [00:37:48] if we decide to disrupt something that's already come through, so I'm just trying to make sure. [00:37:57] When we talk about the U.S. 19 corridor, it's a section of town similar to the different [00:38:01] types of neighborhoods like North Park. [00:38:04] The stormwater system that's out on 19 actually belongs to DOT, so there's not any kind of [00:38:09] work that's being done out there on the DOT system. [00:38:13] It's strictly in the area probably adjacent to it, like around Balsam, over there by the [00:38:20] Dunkin Donuts, those types of areas just off of 19 that's in the city limits, but it's [00:38:26] still part of that business district is what we call the U.S. Highway 19 corridor. [00:38:31] Do you know the specific liner that the company that's doing the liner formed, any idea? [00:38:36] It wasn't highlighted in your contract. [00:38:38] Lane Inliner? [00:38:39] Is that? [00:38:40] Yeah, that's the name of the company. [00:38:42] Is that the same product manufacturer that's doing it? [00:38:44] Okay, very good. [00:38:45] Thank you, Mr. Mayor. [00:38:46] For the second. [00:38:47] Nothing. [00:38:48] I had one question. [00:38:49] How thick is this thing and does it have any negative impact on the flow once it's installed? [00:38:59] I'd have to look and see what the thickness is. [00:39:02] I will tell you this, that it is a smaller diameter pipe, but the C factor of the material, [00:39:08] the PVC, is actually higher than the existing clay pipe that you have, so the velocity of [00:39:15] the water will move faster, so even though you're losing the interior pipe diameter size [00:39:21] pipe, you're actually moving more water because it can move faster. [00:39:26] Answers my question. [00:39:27] Thank you. [00:39:28] Councilwoman? [00:39:29] Yes, just a quick question. [00:39:30] So the 55,000, is that the one that we're working on right now? [00:39:34] The dollar amount that we are not to exceed? [00:39:37] No, we're ahead. [00:39:38] You're ahead. [00:39:39] Okay, the other one. [00:39:40] So what's the presumption that it will be, that that's based on, that it will be X amount [00:39:44] of time, X amount of product, et cetera, et cetera, and that's where they're coming up [00:39:48] with that dollar amount? [00:39:50] They do just like pretty much any kind of contract that's out to bid for government [00:39:54] agencies now. [00:39:56] The engineers will design the project. [00:39:59] They'll have what they call a schedule of values that has your line items with your [00:40:03] quantities, and they bid on those quantities, and so that's what our prices are taking off [00:40:09] of, is basically the, an example would be the size pipe or the size liner that we want [00:40:16] to do. [00:40:17] They might have $10 a foot, then you would go over to your schedule of values, and the [00:40:21] schedule of values would tell you that that work includes mobilization set up, any digging [00:40:28] or restoration work or anything like that, tells you what the value of that number is. [00:40:33] And is it based on a length of time that it will take, or what is the presumption of time [00:40:38] that this will take, start to finish? [00:40:40] Each contract varies. [00:40:41] I'd have to look into the agreement here and see what our time limit is on this, but I [00:40:46] wouldn't imagine it to be more than 90 days. [00:40:48] Okay. [00:40:49] Thank you. [00:40:50] Councilman Starkey? [00:40:51] I have no comments. [00:40:52] Thank you. [00:40:53] There's no further discussion. [00:40:54] All those in favor, please signify by saying aye. [00:40:56] Aye. [00:40:57] Opposed? [00:40:58] The like sign. [00:40:59] Motion passes. [00:41:00] Next is the 2016-2017 stormwater lining project.

    This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

  13. 10.d

    2016/2017 Stormwater Lining Project

    approved

    Council approved an agreement with Lane Inliner, LLC for $55,000 to rehabilitate severely deteriorated stormwater drainage pipes in the Woodridge and Tropic Shores subdivisions, using unit prices from Pinellas County. The work is being coordinated with upcoming Warren Avenue work.

    • motion:Authorize staff to enter into a $55,000 agreement with Lane Inliner, LLC for stormwater drainage pipe rehabilitation in Woodridge and Tropic Shores. (passed)
    ▶ Jump to 41:01 in the video
    Show transcript

    Auto-transcript · machine-generated, may contain errors

    [00:41:05] Mr. Mayor, members of the Council, the recommendation before you this evening is to enter into an [00:41:10] agreement with Lane Inliner, LLC, in the amount of $55,000 for stormwater drainage pipe rehabilitation. [00:41:20] And the areas where there's the most severe deterioration of existing stormwater drainage [00:41:27] pipes have been identified in the Woodridge and the Tropic Shores subdivisions. [00:41:33] The pipes have extensive cracking, and as a result, water and sand have infiltrated [00:41:39] the system. [00:41:40] Therefore, we need to tend to this area quickly. [00:41:45] We are relying on unit prices as provided by Pinellas County, and we are recommending [00:41:50] that you authorize the staff to enter into an agreement in that respect. [00:41:55] Thank you. [00:41:57] I'm going to open it up for public comment. [00:41:59] Seeing no one, come forward and bring it back to Council. [00:42:01] Move for approval. [00:42:02] Second. [00:42:03] We have a motion and a second. [00:42:04] To the maker? [00:42:05] Nothing. [00:42:06] To the second? [00:42:07] Nothing. [00:42:08] Thank you. [00:42:09] Deputy Mayor? [00:42:10] Is part of this work, especially over in Tropic Shores, being done prior to the paving process [00:42:14] that's going to be happening in those areas? [00:42:18] We've already performed most of the paving that we were going to do. [00:42:20] This actually came about on the additional drainage work that we had identified when [00:42:27] we did the roadway rehabilitation after the storm events. [00:42:32] Our maintenance people were out there doing inspections of the stormwater system, and [00:42:37] we found out that we've got a few areas of the pipes that need to be rehabilitated. [00:42:43] So we're doing that in conjunction with the work that we're getting ready to do on Warren [00:42:47] Avenue. [00:42:48] Great. [00:42:49] Thank you. [00:42:50] Vice Mayor Starkey? [00:42:51] I have no comments. [00:42:52] Thank you. [00:42:53] Any other comments, discussion? [00:42:54] Hearing none, all those in favor, please signify by saying aye. [00:42:57] Aye. [00:42:58] Opposed, like sign. [00:42:59] Next is a request to purchase two P-25 compliant dispatch consoles.

    This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

  14. 10.e

    Request to Purchase Two P-25 Compliant Dispatch Consoles

    approved

    Council approved the purchase of two P-25 compliant dispatch consoles and accessory hardware from Williams Communications for $69,225.19 via state contract, required to upgrade the city's radio system to county-standard P-25 compliance.

    • motion:Motion to approve purchase of two P-25 compliant dispatch consoles from Williams Communications for $69,225.19. (passed)40
    ▶ Jump to 43:00 in the video
    Show transcript

    Auto-transcript · machine-generated, may contain errors

    [00:43:06] Mr. Mayor, members of the City Council, the City is being required to upgrade our radio [00:43:13] system to P-25 compliant as a county standard. [00:43:18] In that regard, the county is replacing all of the Fire Department and Police Department's [00:43:22] mobile and portable radios and accessories. [00:43:26] The Dispatch Center, though, is the responsibility of the city, and so we need to replace some [00:43:33] consoles so that we're compatible with the new technology. [00:43:37] The Police Department has recommended that we purchase these items through a state contract [00:43:44] from Williams Communications in the amount of $69,225.19, and that includes two dispatch [00:43:54] consoles and all of the accessory hardware. [00:43:58] Thank you. [00:43:59] Open it up for public comment. [00:44:01] Seeing no one come forward, bring it back to Council. [00:44:04] Move for approval. [00:44:05] Second. [00:44:06] We have a motion and a second to the mayor. [00:44:09] Keep up to date. [00:44:10] To the second. [00:44:11] No comments. [00:44:12] Thank you. [00:44:14] Councilman, Deputy Mayor, appears to have been stepped out for a moment. [00:44:20] I've got no comments. [00:44:21] If there's no further discussion, all those in favor, please signify by saying aye. [00:44:26] Aye. [00:44:27] Opposed? [00:44:28] Light sign. [00:44:29] Motion passes four with one missing.

    This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

  15. 10.f

    Resolution No. 2017-03 - Purchase of Lakewood Villas Utilities, Inc. and Advisor Enterprises, Inc.

    discussed

    Council reviewed Resolution 2017-03 authorizing the city's acquisition of the Lakewood Villas, Barbara Ann (Barbarian Acres), and Silver Oaks potable water utility systems from LWV Utilities, Inc. and Advisor Enterprises, Inc. for an amount not to exceed $605,000, with financing through BB&T. Staff presented updated valuation methodology (eliminating comparable sales, weighting 25% asset/75% income), reducing the total project investment to ~$755,137 with a 6.5-year ROI. Council discussed but did not vote on the item during this excerpt; concerns were raised about debt strategy, capital needs in 60s-era neighborhoods, and annexation potential.

    Ord. Resolution No. 2017-03

    ▶ Jump to 44:31 in the video
    Show transcript

    Auto-transcript · machine-generated, may contain errors

    [00:44:33] Next is request to consider approval of Resolution 2017-03 for the purchase of Lakewood Villas [00:44:38] Utilities and Advisor Enterprises, Inc. [00:44:42] This is Resolution 2017-03, a resolution of the City of New Port Richey, Florida, directing [00:44:47] and authorizing the acquisition of certain potable water supply and distribution utility [00:44:52] systems and assets owned by LWV Utilities, Inc. and Advisor Enterprises, Inc., located [00:44:59] in Pasco County. [00:45:00] finding that such acquisition is in the public interest and serves a paramount [00:45:03] public purpose. Approving utility asset purchase agreements with LWV Utilities [00:45:09] Inc. and Advisor Enterprises Inc. and directing execution [00:45:13] thereof. Determining the transactions contemplated thereby relative to such [00:45:17] utility systems and assets are in the public interest in accordance with [00:45:21] Section 180.301 Florida Statutes, authorizing and directing the [00:45:25] execution of such other documents as may be necessary to acquire the utility [00:45:29] systems and assets. Providing for severability, providing for applicability [00:45:34] and providing for an effective date. Thank you. Mr. Mayor, Mr. Rivera has [00:45:39] prepared a PowerPoint presentation on this agenda item. Thank you, Mayor and [00:45:44] Council. I just want to introduce a few people here before we get started. Back [00:45:50] there at the end we have a Mr. Rick Miller and Mr. James Wheat. They are the [00:45:55] current owners of the three utilities that we are looking at. We have Nicole [00:46:00] Nate with BMO. She performed a lot of the legal work on this project and is here [00:46:06] to answer any questions that you might have from that end. We have Mitch [00:46:11] Chevrolet with McKim and Creed. He was the project manager, if you recall, on the [00:46:16] valuation studies that was submitted earlier. And then, of course, our finance [00:46:22] director, Crystal Feast, worked with Apple Ruth, the city's financial advisor, to [00:46:27] review a lot of the financial items that we came across. So with that, I want to [00:46:34] kind of go back a little bit and update you and refresh your memory from where [00:46:40] how we got to where we're at now. These three utilities are all in our water [00:46:46] service area. Our water service area is that blue area and the next few [00:46:51] slides will do closer lookups, but you can see where all three of the utilities [00:46:55] are with are surrounded by our service areas. The first utility that we are [00:47:01] looking at in the largest one is the Lakewood Villas system that currently [00:47:08] has 443 water customers. The city has a bulk meter tie-in to supply them water [00:47:17] currently, but right now they have a water system of their own and ours is [00:47:22] just a redundancy or a standby. This utility is located south of Massachusetts [00:47:28] Avenue and east of Rowan Road. The next utility is the Barbara Ann area. This has [00:47:39] 28 customers. We supply them water through a bulk meter and this utility [00:47:47] is located north of Main Street and east of Congress. And then the final utility [00:47:55] system is the Silver Oaks system that has 51 customers. We also supply water to [00:48:03] at a bulk rate to this utility. It's located south of Marine Parkway and just [00:48:09] east of Grand Boulevard. A little bit of the background, February 2015 we were [00:48:18] approached by the owners and we started preliminary discussions as well as site [00:48:23] visits and utility valuation studies. The reports were completed in January [00:48:32] 2016 and it identified the system valuation as $607,487 and the estimated [00:48:44] value or the negotiation type of range that you could have was between $560,000 [00:48:52] and $610,000. Now based on those first initial reports, we ended up with an [00:49:01] agreed $600,000 purchase price that was submitted to council at our April 19th [00:49:09] meeting through a notice of intent to purchase the utilities. At that time we [00:49:15] had a cost estimate from our AMI project that we were currently doing for [00:49:22] the installation of smart meters. And so our proposal was $261,000 for that line [00:49:29] item with a total investment cost to the city of $861,000. The annual net revenue [00:49:36] which included the operating and maintenance cost was at $103,136 with a [00:49:44] payback of 11.6 years. Now when we were at the meeting, council had approved the [00:49:53] notice of intent but they also came back with a few RFIs or requests for [00:49:58] information that they wanted staff to look at before we brought this resolution [00:50:03] back to you. The first item that council had requested from us was the city's [00:50:08] financial advisor review of the purchase. They had, or you all had requested that [00:50:13] the city's finance director and the project manager get together with [00:50:17] Appleruth to review several different financial items that were in those [00:50:22] valuation reports and make recommendations to city staff. The other [00:50:28] item that council had requested is there was a discussion on the valuation reports [00:50:33] where there were three factors that the valuation was based upon. It was based [00:50:38] upon asset valuation, a comparable sales valuation, and then a revenue valuation. [00:50:48] The question came up, the comparable sales criteria, the utilities that we had [00:50:54] looked at were so large, the question from council was well can you really use [00:51:00] that to as part of that valuation process or do we discount it or do we [00:51:07] take and use different types of weighing factors for each one of those items to [00:51:12] come to a more accurate number. And then of course the final item was a lower [00:51:17] return on our investment. The financial advisors recommendation to staff was to [00:51:24] add our four percent annual rate increase into the studies for the annual [00:51:29] revenue projections. That's part of our ordinance that we do every year. They [00:51:34] also wanted us to add operation and maintenance annual flat increases to [00:51:38] the production and distribution of water based on our 2013 water and sewer [00:51:46] revenue sufficiency study that the city had performed. They wanted to discount [00:51:52] the comparable sales value and add a weight factor to the asset and income [00:51:58] values. So it was agreed that we would do away with the with the comparable sales [00:52:04] we would add a 25% factor to the asset of the utility system taking into [00:52:14] consideration the age of it and what the value was going to be really had didn't [00:52:19] have much bearing it on the value. And then we put 75% on the income value [00:52:26] because that's where all your meat and potatoes are, that's where your return on [00:52:29] investment is. And because staff is so familiar with these three systems we [00:52:35] felt pretty confident that we really know the condition that the three [00:52:41] systems are in. And then finally they wanted us to calculate the same amount [00:52:45] of years for the asset and income values so that we would have apples to apples. [00:52:52] And the final recommendation was the purchase funding source would be BBT [00:52:59] Bank which is the city's current financial firm which would also give [00:53:05] council another review of all the financial records that have been [00:53:11] submitted for these valuation reports. And so this slide shows you where you [00:53:15] you can look at where we still have that comparison. Your value actually went up [00:53:20] about $600 but with that your your agreed purchase price remained the same [00:53:27] nothing changed there. We went down about $100,000 on the meter upgrade cost. [00:53:34] We ended up getting a proposal directly from the manufacturer of the meters [00:53:40] because we determined that talking with our utility supervisors they figured [00:53:47] that they could put these smart meters in in-house within six weeks. So we [00:53:54] figured that we could reduce that cost and just go ahead and purchase the [00:54:00] materials and do the work in-house. And so that dropped the total investment to [00:54:05] the city at a projected cost of about from $861,000 to $755,137. [00:54:11] Now the annual net revenues also there was a increase in that [00:54:20] simply because the $103,000 $136,000 was not an average. It was what the first year was [00:54:27] and it didn't include that 4% interest annually. If you took into account that [00:54:32] we went at the beginning I think it was around $109,000 for the [00:54:37] first year went up to $157,000 in year 10. So the average annual income was [00:54:44] derived at $132,386 that was spread across those 10 years and so now [00:54:52] your return on investment or your payback rate actually went down [00:54:56] considerably from the $11.6 million to the $6.5 million. Now that brings us up to where [00:55:05] we're at right now with this resolution that we have before you. And this [00:55:10] resolution is in accordance with the Florida statutes that the city is [00:55:15] required to perform before we can purchase these utilities. And these nine [00:55:22] items are the nine items that are included in that resolution that staff [00:55:27] must present to council for you to take a look at and for you to review so that [00:55:32] you can make an informed decision on whether or not to purchase the utility. [00:55:37] And so I'm not going to read all nine of these items but basically this is what [00:55:42] we've got in that resolution and all your attachments have all that backup [00:55:47] for all of these items that are required. So the requests that we have from you is [00:55:54] obviously to approve the resolution 2017-3 authorizing the acquisition of [00:56:01] the Lakewood Villas, the Barbarian Acres and the Silver Oaks in an amount not to [00:56:06] exceed $605,000. You'll see the $605,000 is different than the $600,000 [00:56:12] because the $5,000 is what we would use to cover the cost that we'll have at [00:56:17] closing that the buyers normally have. That's for that piece of property that is [00:56:23] located in Lakewood Villas. And so then we would also ask that you approve the [00:56:29] attached purchase agreements between the city and Lakewood Villas Utilities [00:56:35] Incorporated and the Advisor Enterprises Incorporated. [00:56:42] Open it up for public comment. Seeing none, bring it back to council. I have a [00:56:49] question Mr. Rivera. So the nine items that you mentioned on the on the list [00:56:54] you said that they have been incorporated into this document? Yes ma'am. [00:57:00] As attachments that we have in here for you. There are the exhibits. Is there room for [00:57:14] expansion of these areas, in these three areas? Not in these areas, no. The [00:57:23] expansion would come from if the city was to invest in extending our sewer, [00:57:30] sanitary sewer system. Which is, we're all surrounded by them. [00:57:36] We have sewer available in the area. So it wouldn't be like we were having a [00:57:40] huge capital investment just to get to them. What is the possibility of [00:57:46] reclaimed water in these areas? We have reclaimed close to just about every [00:57:52] single one of them as well. But the same idea is the capital investment to [00:57:56] extend to it. You still have capital costs to put it in, correct? I mean to add those [00:58:02] services. Can you go, you got your nine up there. Were you done Mr. Davis? [00:58:08] I'm sorry, I'm sorry. I just, I appreciate that you were able to go back out [00:58:15] and to, you know, utilize costs. I do have some concern that our folks might be a [00:58:21] little aggressive on being able to take the equipment and put it in in a six [00:58:26] week time period. Maybe it happens that January, February, March are less [00:58:33] active this year. There's not as many acts of God, obviously. A couple of [00:58:43] things. One, when I'm speaking, when I'm spending or being asked to spend six [00:58:48] hundred and five thousand dollars, and it's strictly a procedural thing, can you [00:58:54] make the memos just a little bit bigger? I mean, damn, this is like my [00:59:01] eye chart last week. I went to see the eye doctor. He wanted me to read the bottom row and I [00:59:04] read this thing and it's got a lot of information. It's really good, but [00:59:07] pragmatically, you know, about halfway through and the agenda item is a hundred [00:59:13] and sixty-five pages. And we talked about it in April. Here we are right here [00:59:19] getting ready to approve this. I appreciate that, appreciate the [00:59:23] opportunity, but it's pretty significant. And with that, there's a lot of [00:59:29] information in here. I mean, we could spend a work session talking about this [00:59:34] because this could dovetail, and one of the questions I have out of this is [00:59:39] having the ability to buy these utilities, which obviously complete some [00:59:44] of our areas, but, you know, does it curtail our opportunity in a year and [00:59:53] a half or two years when our agreement comes up with Gulf Harbors that we [01:00:00] We made a $600,000 purchase here, and I miss out on the opportunity of what I'm doing out [01:00:07] at Gulf Harbors, which I appreciate these neighborhoods, but as they've been characterized, [01:00:13] most of them were built in the 60s. [01:00:17] Your six and a half year ROI dovetails back in to about when they say some of the useful [01:00:23] life of some of the piping in this area is going to have to be addressed. [01:00:28] One of my biggest concerns was if your ROI didn't come down, we're going to have debt [01:00:33] service to go along with doing capital improvements, because we're going to find some things in [01:00:39] here in the production side. [01:00:42] The only upside that I see is obviously being able to take their wells out of service, and [01:00:46] we have to go through a protocol with Swift Bund and everything, take the well out and [01:00:50] some of the other things out there, especially in Lakewood Villas, the larger of the entities, [01:00:56] and hook them up to our meter, because right now we're a redundancy, we're a backup to [01:01:01] them. [01:01:02] They're not really taking water from us today. [01:01:03] We have an agreement, but we don't have that. [01:01:07] Your averaging of stuff is okay, but in the first few years, my ultimate question comes [01:01:12] back here is, you say BBT, the memos say here, and then the next one, SunTrust or SunBank [01:01:20] to do the borrowing. [01:01:22] My question is, why are we borrowing 600, and first of all, I don't know what the term [01:01:28] of that loan is, I don't know how far we're taking it out, I didn't see all that information, [01:01:33] but my question is, this utility seems to be a very dynamic enterprise fund. [01:01:44] Why aren't we borrowing the 610 or 605 or 600 from ourselves, and not going through [01:01:52] that extra step, and taking those returns, which in my mind, take our return on investment [01:01:59] even up farther. [01:02:02] Maybe it's because we don't have the right sufficiency study or whatever, but I would [01:02:05] imagine that we have 600,000 in profits in this enterprise fund, why are we going through [01:02:13] the extra thing of going through a debt service opportunity, so those are my key questions. [01:02:19] I understand taking utilities out and our service and all that, so I know there's about [01:02:26] five questions in there, which is usually my case, it's like a shotgun, I hit you with [01:02:29] all the pellets at one time, but in essence, I'm trying to understand what our mindset [01:02:35] is and why we're taking this track to do it. [01:02:41] I think to answer your first question on the SunTrust, the BT&T bank, that's on me, [01:02:48] when we first started the process, I think the city's banking institution was SunTrust, [01:02:53] and then we moved it to, it started with SunTrust or something. [01:02:59] We do bank with SunTrust, but the enterprise fund's current debt is with BB&T, so we have [01:03:05] relationships with both, and per advisement from our financial advisor and bond counsel, [01:03:12] they felt that it was in the city's best interest to start with BB&T since we already have an [01:03:17] established relationship with them to finance the project. [01:03:25] And then to answer your other question of why we went with the borrowing, the city, [01:03:32] the utility recently paid off the one bond that we had. [01:03:37] We're trying to continue doing our million dollar sewer improvement projects and water [01:03:43] projects every year because we're trying to position ourselves to be ready in the south [01:03:48] end of town with the appropriate upgrades that we need to be ready for in case something [01:03:53] happens with the site. [01:03:56] In addition to that, we have higher than normal flows downtown, the master lift station [01:04:03] that we have on Nebraska Avenue is actually at a point where we need to start moving some [01:04:07] of the flows south. [01:04:09] So we're trying to continue doing those types of projects within the next five years to [01:04:16] be able to get the system where it needs to be, and then perform a sufficiency study this [01:04:23] year that takes into account everything that's happened since the 2013 one. [01:04:29] So the idea was if we can be conservative with this approach, use the revenues that [01:04:35] we're getting from the utility to go ahead and make those payments, then it would almost [01:04:40] be like a standalone type of item while we continue on with the improvements that we [01:04:45] have with the utility. [01:04:48] And if I may answer your third question, the reason you don't have any set financing [01:04:56] terms, we did have preliminary discussions with the bank, but we weren't far enough [01:05:07] along in the process to where banks were ready to have those type of discussions. [01:05:12] They wanted it to go before council and get the project be approved, and then we would [01:05:17] be able to have those discussions to set terms. [01:05:20] Yeah, I recognize the underwriting elements, and they want to see if we're actually going [01:05:24] to move forward, and we're going to show good faith, and we're going to do all those things [01:05:28] that we said we were going to do in April now that we have it back here, and it's in [01:05:31] a hard form. [01:05:32] And we will see that you'll go out and look at a couple of different banks and do that. [01:05:36] I personally appreciate the thought process. [01:05:42] I don't agree with it, because in essence, whatever happens on the south side of town, [01:05:48] when that happens, that's going to have so many different factors involved with it that [01:05:55] in my mind, if I use my internal money to do this with the money that this purchase [01:06:07] is going to bring back, that saves me from having to put that in the package when I'm [01:06:13] talking about the improvements in the south end of town, which we don't even know what [01:06:16] they're going to be yet. [01:06:17] And in essence, I'd rather keep my powder dry or my debt level without adding another [01:06:25] thing to the underwriter to say, I don't know about you, but last time I bought a house. [01:06:32] When they do your credit, and they look at all your bills, and they look at all this [01:06:35] kind of stuff, they want to see the shoelaces in my shoes. [01:06:41] And I really don't want to have that be a deterrent to whatever else I can do on the [01:06:44] south side. [01:06:47] It's a philosophical thing for me, is take the dollars that you have, it would actually [01:06:53] lessen your ROI, because I appreciate your overview in the finance, but basically in [01:07:01] what your report says here, and what your contract says, in about six or seven years, [01:07:09] there's going to be some substantial capital elements in these neighborhoods. [01:07:14] I'm worried that you're going to be out there trying to borrow money or trying to do some [01:07:18] things with it. [01:07:19] And I'm giving you the benefit of the doubt. [01:07:22] I'm just saying, those neighborhoods have been there since the 60s, and we're taking [01:07:27] on liability that we have a good idea about, but like I said, I think it's good to do this, [01:07:38] but I also am concerned what it does with my debt level, and what happens when Gulf [01:07:44] Harbors and the elements come out there. [01:07:48] My final question is, and this goes beyond you and the finance director, is to find out [01:07:53] from legal, by bringing these on, and with the current annexation laws that the state [01:08:03] of Florida has, or the current elements that are out there, because we are upping our involvement [01:08:12] when it comes to water and possibly sewer and that, is there any opportunity for us [01:08:17] to utilize that, or because we're providing that, does that give us any caveat or any [01:08:23] opening to try to approach these people about being annexed into the city in a progressionary [01:08:29] form? [01:08:30] That's a great question. [01:08:34] Because if it does, then that adds to it, because it gives me another level of service, [01:08:41] and it finally gets me the opportunity to use that, what else it might do on the west [01:08:48] side of 19 in the future, and possibly further out to Seaforest at some point down the road, [01:08:54] of being able to invite them to become part of the city of New Port Richey, because we [01:08:59] have to provide the level of services almost around there now. [01:09:03] So I'm sorry about trying to drive it all the way there, Mr. Mayor, but those are the [01:09:07] points that I found. [01:09:09] I appreciated bringing it in so that it completes our circle, but that's kind of where I'm at. [01:09:14] If we could have the legal response to that question. [01:09:15] Yes, it does. [01:09:16] It does give people the opportunity to annex once they become in the service area, so yes, [01:09:20] you have that opportunity. [01:09:21] If that's the case, why don't we go, I guess, Mr. Rivera, if you can answer this question. [01:09:28] Focusing on annexation, I would be much more excited with areas on the west side of our [01:09:35] city limits, Seaforest, Gulf Harbors, Gulf Harbors Woodlands, than these areas. [01:09:41] Right, and you have what they call service areas that belong to certain companies, so [01:09:52] to speak, or agencies. [01:09:53] The city has their service area, the county has theirs, and everybody is in an interlocal [01:10:01] agreement that calls out those boundaries. [01:10:04] So you just can't go over to the Lendrix side or the FGUA side and say, hey, we want [01:10:12] to buy that and just take it up. [01:10:15] You've really got to pay them the amount of money that they want, and to be quite honest [01:10:19] with you, both of those utilities are so overrated and so high in debt that it would really take [01:10:28] a lot for the city's utility to be able to incur the cost to purchase both of those utilities [01:10:34] and to maintain the level of service that we have with our current customers. [01:10:42] The FGUA system, since they've taken it over, the capital investment and the liabilities [01:10:49] that are added with that group are astronomical. [01:10:52] So some of these utilities that come along, like these three that are here, the two owners [01:10:59] are getting ready to retire. [01:11:01] They approach the city. [01:11:04] We probably will never get the opportunity to expand our system for this amount of money [01:11:11] for a utility that is debt-free.

    This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

  16. 10.g

    Resolution No. 2017-04 - Proposed Utility System Extension

    approved

    Council adopted Resolution 2017-04 proposing extension of the city's water utility system to acquire three utilities (including areas like Lakewood Villas and Barbara Ann Acres) within the city's service area but outside municipal limits. Special counsel explained the multi-step process, including a 30-day objection period and tentative bond ordinance readings on Dec 6 and Jan 3. The motion passed unanimously by voice vote.

    Ord. Resolution No. 2017-04

    • motion:Motion to approve Resolution 2017-04 proposing extension of the city's water utility system. (passed)
    • vote:Voice vote on Resolution 2017-04. (passed)
    ▶ Jump to 1:11:15 in the video
    Show transcript

    Auto-transcript · machine-generated, may contain errors

    [01:11:16] One of the things that Councilman Phillips was talking about, I can address hopefully, [01:11:20] is that when you look at some of those older utilities, you want to take a look at what [01:11:24] materials are used in them. [01:11:27] In this case, 95% of the materials that are used in this system are PVC material. [01:11:34] The pressure that they've been running their system at is about 10, 15 pounds lower than [01:11:41] what the city runs theirs. [01:11:43] So you're looking at stresses. [01:11:47] When they call out the length of how long a material or a pipe will last, they're not [01:11:53] saying that you're going to have catastrophic failures and you're going to replace the whole [01:11:57] thing. [01:11:58] What they're trying to tell you is the potential for water breaks is likely to occur. [01:12:06] You have the more opportunity for them to occur. [01:12:09] But it's like anything else, if you've taken care of that system, then a lot of those costs [01:12:15] are minimized. [01:12:17] So to get back to your question, we've been approached a couple of times from FGUA through [01:12:25] different types of people to see what the city could do. [01:12:30] And right now, it's just not viable. [01:12:34] It was years ago, I believe, when Joe Borda owned it and the city made an offer on it. [01:12:41] I can't remember what it was, but my point is we should have bought it back then, should [01:12:47] have, could have, because the cost of what it is now makes it very difficult for the [01:12:52] city to invest in them. [01:12:54] Yeah, but I don't mind. [01:12:56] I'm looking at your report, so I have to use that as my benchmark, number one, because [01:13:02] I'm not out there looking at it, I'm looking at the benchmark. [01:13:05] The other is, it's in my mind appropriate to expand our footprint or to bring these [01:13:15] in because I would love to use these as a case study, a test site, and use the platform [01:13:28] of we bring it in. [01:13:30] You're talking specifically about buying those for a utility element. [01:13:36] If I look at it in that context, I agree with you, it's probably overpriced, but if I look [01:13:43] at it as a way to grow New Port Richey and I bring on waterfront property and I bring [01:13:50] on a progressive city, I look at the overall impact of what that brings to us, not only [01:13:59] from the water side, and that's a conversation in a workshop for another day, but if you [01:14:05] don't look at that, you might as well back up, because you're not, the elements are because [01:14:12] you want to increase your demographics, you want to increase your values, and part of [01:14:19] that is to look at these three as a way to begin that, and then you can do the math on [01:14:26] the other. [01:14:28] I don't want to bring on that extra debt service if that's going to hinder me in a couple other [01:14:32] places down the road, so that's the only thing I'm asking to look at. [01:14:36] Thank you. [01:14:37] Mr. Stark, did you have any other questions? [01:14:38] And just to add on to that comment, I agree 100% with what Deputy Mayor Phillips just [01:14:44] said, and a lot of those residents in those neighborhoods, waterfront, feel rejected right [01:14:49] now by the county, they really do, as far as the redevelopment of West Pasco as a whole, [01:14:56] so it's something I think we should definitely keep on the table. [01:15:00] try to pursue. I have no further questions. Councilman? Yeah the question I had was [01:15:06] was similar in that the I know that our our city borders convolute to a degree. [01:15:11] I'm familiar with the Lakewood Villas area and the Barbara Ann and you were [01:15:16] saying that those are properties that are pockets of area in other [01:15:21] words they're not contiguous to property that is already city limits or are [01:15:27] they? They're not city limits but they're in our sir or they're they're surrounded [01:15:31] by our service area. And not by a by city? Some of them let's see the part of the [01:15:43] Barbara Ann acres I believe no that's over and that's off that's County the [01:15:48] one that's further off of Marine Parkway and Green Boulevard so Green [01:15:54] Boulevard orders up to it okay so if we were discussing at some point annexing [01:16:02] them into the property these properties into the city it would we would have [01:16:08] little pockets of city surrounded by properties that are not in the city is [01:16:12] that correct? I believe you could do that. And then your rate would go down as well. Right. What you're charging because you have a county rate, you have an outside, you have a city rate for the residents and then you have a county rate which is higher. [01:16:27] We want to keep it at the county rate for six six and a half years. They do have to be [01:16:34] contiguous. Yeah they do need to be contiguous for the city. If there are no [01:16:38] other questions I'd entertain a motion. I move for approval. We have a motion. [01:16:43] Second. To second. To the maker? Nothing. To the second? No sir. [01:16:47] Councilman Stark? Nothing further. Councilman DeBell-Thomas? I have nothing. Good work. If there's no further [01:16:56] discussion all those in favor please signify by saying aye. Aye. Opposed the [01:17:01] like sign. Thank you for coming to visit. Very good. This is resolution number [01:17:16] 2017-04 resolution of the city of New Port Richey Florida proposing [01:17:20] extension of the city's water utility system and providing the proposed [01:17:23] territory to be included reciting costs revenues and intent to finance [01:17:28] establishing time frame and procedures for objections at this resolution [01:17:32] scheduling consideration of a final resolution authorizing the extension of [01:17:36] the city's water utility system providing for severability providing for [01:17:40] applicability and providing for an effective date. Miss Nate we'd hate to [01:17:43] have you come all the way up here without being able to speak so you're on. [01:17:46] It's wonderful to see you all again so now that you all have made the very [01:17:52] tough decision I just wanted to make a quick comment I don't mean to step on [01:17:57] Robert's toes but just to kind of walk you through a little bit of the process [01:18:00] because there are a few more steps to actually closing on the utility [01:18:04] acquisition that you all just approved in your last resolution. So since I've [01:18:09] seen you all last by the way I'm now board certified in city county local [01:18:13] government law and happy to continue serving and helping out Debbie and Mr. [01:18:17] Driscoll and the council in the city as you all special counsel so that's how we [01:18:22] are involved in this project when we were stepped in as your interim city [01:18:26] attorney when Mr. Poblick was appointed we kind of took the deal because it's [01:18:32] it's as you'll see and we'll talk about really quickly there's about six steps [01:18:36] that need to progress in order to closing or don't don't need to but need [01:18:41] to depending on how you'll structure it. So the first step that you all just [01:18:44] approved was approval of the form of the purchase and sale agreements and the [01:18:48] first resolution. This resolution that Mr. Driscoll just read is really comprises [01:18:54] the second and third steps. I'm kind of I'm looking at this little table that I [01:18:57] agree Deputy Mayor Phillips I can't even read unless I do one of these. The font [01:19:05] is very small. I was really looking for the braille effect. I was thinking of a [01:19:11] magnifying glass. So you can see that this resolution is the second step so [01:19:17] what happens when you purchase a utility that is within your service area but is [01:19:22] beyond your municipal corporate limits as these three utilities are is you have [01:19:27] to go through the process of proposing and authorizing the extension of your [01:19:32] utility. Even though there's no physical construction projected at the time it's [01:19:38] still an extension of the city's existing utility system. So this first [01:19:42] resolution is essentially the initial step the proposal of the extension. What [01:19:48] that triggers are two things. First a 30-day time period for the city to [01:19:54] receive any objections to the proposed extension and second is a 40-day minimum [01:20:01] before you can consider the actual authorization. So that's just fun little [01:20:06] time frames that the legislature has the city's work in but essentially what [01:20:11] that means is what you'll see in this resolution is there's a deadline to give [01:20:16] the city some certainty upon which written objections need to be received. [01:20:20] If there are any filed you would hear those at your December meeting. If there [01:20:26] are none filed then obviously that would be moot and then at your January meeting [01:20:31] the final meeting is when you consider the final authorization. Along or at the [01:20:39] same time of that commiserate with that we included your tentative bond [01:20:44] ordinance schedule. Now given some of the questions that were raised by Deputy [01:20:50] Mayor and shared by Councilmember Starkey during the initial presentation [01:20:53] if at any point you choose not to do financing but to go with paying for it [01:21:00] you know through existing city funds then then that would be addressed [01:21:06] in at the December 6th meeting which is tentatively scheduled for first reading [01:21:12] of the bond ordinance and then second reading is tentatively scheduled for [01:21:16] January 3rd. So I'll let Crystal comment on that but typically in your bond [01:21:20] ordinance reading that's when you would have a term sheet and have a lot of [01:21:23] different things. I point that out because I didn't want the fact that this [01:21:31] resolution says is intent to finance does not pigeonhole you into approving [01:21:39] your bond ordinance if you do not elect to go with financing. So the question is [01:21:44] it a bond ordinance or is it a loan ordinance? [01:21:51] Because are we bonding this that people can buy the bonds? That was the [01:21:57] other thing that was well besides the print there were some things with either [01:22:03] it's bond or loan I'm trying to make sure that I understand the semantics. [01:22:08] Bond and loan are the same thing. Anytime a governmental entity borrows [01:22:12] money it's it's that's that's not indicative of the form and whether or [01:22:17] not they're okay physical bonds issued or whether it's a loan the above a [01:22:21] borrowing. Your charter uses the term bond ordinance and it and it and it [01:22:27] encapsulates any kind of borrowing so to be consistent with your charter [01:22:32] probably appear in that form and then that's how it's referred to but I just [01:22:36] wanted to be clear that even though it says intent to finance that's because [01:22:39] there is at least a preliminary intent at this point but that does not bind you [01:22:45] into borrowing versus. So what basically you're saying is if we decided to do it [01:22:51] if we decide to buy it in a different manner cash versus bond or loan it [01:22:57] doesn't mean we have to start the process over I don't want to hamper the [01:23:01] the sellers I don't want to hamper the buyers because obviously we're on a [01:23:05] timeline and we're going to if we buy the utility we're going to get it about [01:23:09] mid-year and our fiscal year you know it's going to come in it'll be January [01:23:14] February so obviously and then we've got some other deadlines we're looking to do [01:23:18] with meters and everything else to bring it into queue I'm just like I said I just [01:23:23] wanted to make sure that oh by the way because you didn't decide to do it that [01:23:27] way yes start all over which usually is the way the state government does it [01:23:32] unless it's a state legislature and they get a state legislator and they've [01:23:37] got a family member that's doing something else and then they can make up [01:23:40] their own damn rules that's my editorial comment financial condition and whether [01:23:46] or not they you have the cash to pay for it that's obviously not my role but but [01:23:52] it would not delay the structure that you're discussing I'll let you I'll let [01:23:57] you allow for public if there are any but or if there any other questions in [01:24:01] that case we'll open it up for public comment questions seeing no one come [01:24:07] forward bring it back to council and give miss Nate a chance to gather all

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  17. 10.h

    Resolution #2017-05 Urging the Florida Legislature to Amend Chapter 440, Florida Statutes, Relating to Workers' Compensation

    approved

    Council passed Resolution #2017-05 urging the Florida Legislature to amend Chapter 440, Florida Statutes, to cap attorney fees in workers' compensation claims following two Florida Supreme Court decisions that struck down such caps as unconstitutional. Staff noted the city experienced a 14.5% increase in workers' comp rates despite improved experience and severity, and warned of negative impacts on the city budget and small businesses.

    Ord. Resolution #2017-05

    • motion:Motion to approve Resolution #2017-05 urging the Florida Legislature to amend Chapter 440, Florida Statutes, regarding workers' compensation. (passed)
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    [01:24:12] our stuff but if there are any questions I'd be happy to answer hearing none I'd [01:24:21] entertain a motion move for approval second to the maker no nothing to the [01:24:26] second I'm good here mr. Starky I'm a you answered my question which was the [01:24:34] same one that mr. Phillips said which was if we do this cash we're not [01:24:39] screwing things up by going forward so right and I just want to give you all an [01:24:42] overview because it can seem like so many steps I didn't want you to think in [01:24:46] December didn't we do this already and in January didn't we do this already so [01:24:50] it's just I know I have one question but not a view of miss miss fees do we [01:24:58] believe that we're gonna have an issue getting timely responses back from a [01:25:06] financial institution or multiple financial institution that's going to [01:25:11] give us the right tools to make the right business decision because I don't [01:25:17] about you but next week's Thanksgiving and they don't go dark but they go [01:25:22] pretty dim and I just don't want I well I mean I you know and and I want to make [01:25:28] sure there's not any deadlines in here that get triggered one way or the other [01:25:31] and I'd hate for you to come back in December and say well they didn't get [01:25:36] back to me and we have to do this and you have to have a special meeting and I [01:25:40] don't mind doing that I just don't want to put all of us through that if we can [01:25:45] make sure that there's obviously time is of the essence and and proprietary [01:25:49] information because we want to be as I said good to the sellers and we want to [01:25:54] make sure we can expedite on the buyer so space our financial advisors have [01:26:00] already started having these discussions with banks and and getting and gathering [01:26:05] that information we're hoping that it there won't be any delays based on the [01:26:12] holidays I can't guarantee that it won't be my conversations with them [01:26:16] earlier yesterday was that we should have set numbers and and official offers [01:26:24] at the end of this week or early next week I'm going to answer the question if [01:26:28] there are no other questions or discussions all those in favor please [01:26:33] signify by saying aye opposed like sign motion passes thank you very much [01:26:42] excuse myself now but I might just leave my signed copies with York City I'd [01:26:47] rather you have you back than Jim or Tim you're a lot cuter to sit next to you [01:26:53] are always my left-hand man how do you explain that you sat by a chopper all [01:27:10] night I don't know how you do that there are a lot of elbows resolution [01:27:21] 20 1705 resolution number 20 1705 a resolution of the city of New Port Richey Florida urging the Florida Legislature to amend chapter 440 [01:27:30] Florida statutes to address the Florida Supreme Court's recent decisions related [01:27:34] to Florida's workers compensation system mr. mayor members of the council in [01:27:39] short I'm asking you to pass this resolution which effectively caps [01:27:45] attorney fees in respect to workers compensation claims there were two [01:27:51] decisions made by the Florida Supreme Court earlier this year which held it [01:27:57] unconstitutional to create a cap as a result of that the city experienced a [01:28:05] 14.5 percent increase in workers comp rates in spite of the fact that our [01:28:12] workers comp experience and severity is down considerably therefore we're asking [01:28:20] that you pass this resolution so that I may submit it to the Florida [01:28:24] Legislature and transition into a tort system because it would negatively [01:28:30] impact the premiums in the budget for the city of New Port Richey like to [01:28:34] point out it also has a negative impact on small businesses including my own and [01:28:39] everybody else's because of the way this thing was written open it up for public [01:28:44] comment seeing no one come forward we'll bring it back to council move for [01:28:50] approval motion a second to the maker no to the second mr. Starkey deputy mayor [01:28:58] I'm good the further discussion all those in favor please signify by saying [01:29:03] aye opposed like sign motion passes next is proposed board appointment of

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  18. 10.i

    Board Appointment: Elizabeth Giordano, Parks and Recreation Advisory Board

    approved

    Council appointed Elizabeth Giordano as first alternate to the Parks and Recreation Advisory Board for a three-year term expiring November 1, 2019. Council praised her prior service on the Youth Advisory Board and her references.

    • motion:Motion to approve appointment of Elizabeth Giordano as first alternate to the Parks and Recreation Advisory Board for a three-year term expiring November 1, 2019. (passed)
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    [01:29:09] Elizabeth Giordano to the Parks and Rec Advisory Board miss Giordano is in the [01:29:15] audience along with her father exhibiting great patience as we make [01:29:21] our way to this agenda item miss Giordano has indicated an interest in [01:29:27] serving in the Parks and Rec Advisory Board she would be serving as a first [01:29:31] alternate on the board for a three-year period of time which would expire on [01:29:36] November 1st 2019 the staff is recommending that you consider [01:29:40] approval of her placement on the board I'll open this up for public comment [01:29:46] which is the opportunity for her dad to say something if we should know [01:29:52] something we don't know about approving her otherwise I'll bring it back to [01:29:57] council move for approval [01:30:00] to the maker. No, welcome aboard. Yes, thank you for being here. This hasn't been a very [01:30:06] exciting meeting to sit through. You've been very, very patient, but I think it says a [01:30:11] lot showing up. We have a lot of people that put their names on rosters for advisory boards [01:30:17] or alternate positions, and we never get to see a face with a name, so thank you for being [01:30:22] here. She was part of the youth advisory board, correct? So she says this is a great transition [01:30:29] and by the way, your references are impeccable, and I think you've got like two big bullets [01:30:37] in the gun here, so we'll send Mr. Fasano and Ms. Ferentino thank you notes for recommending [01:30:43] such a fine young lady to join the board. All I can say is welcome aboard. There's no [01:30:49] further discussion. I would like to say something. Oh, I'm sorry, go ahead. I would like to say [01:30:54] that I think this is the best way for us to process these kinds of applications. The [01:30:59] fact that you have been on the youth advisory team, the fact that you were part of that [01:31:04] group, you know a lot about what needs to happen, and I think this really speaks well [01:31:11] of that particular board, and I would almost like to see this happen with all the boards [01:31:15] because some of the boards, we just get a name that floats in that, you know, we don't [01:31:20] even know if they are, have volunteered with the city, so I think this is an excellent [01:31:24] way for us to vet people and have known you all your life, and this is wonderful that [01:31:31] you're doing this. Thank you. There's no further discussion. All those in favor, please [01:31:35] signify by saying aye. Aye. Opposed, life sign. Welcome aboard and thank you. I think [01:31:42] your wife and Bill's wife probably elbowed the two of you on this one. No comment. Next

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  19. 10.j

    Board Re-Appointment: Mary Moran, Land Development Review Board

    approved

    Council reappointed Mary Moran to the Land Development Review Board for a three-year term through November 15, 2019.

    • motion:Motion to reappoint Mary Moran to the Land Development Review Board through November 15, 2019. (passed)
    ▶ Jump to 1:31:45 in the video
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    [01:31:49] is board reappointment of Mary Moran, Land Development Review Board. Mary Moran was appointed [01:31:55] to serve on the Land Development Review Board in May of 2013. Since that time, she has demonstrated [01:32:02] herself as a valuable member of the group. The purpose of this agenda item is to ask [01:32:08] you to reapprove her for a three-year period of time through November 15, 2019. Open up [01:32:15] for public comment. Seeing no one come forward, bring it back to council. Move for approval. [01:32:21] Motion and second to the maker. Nothing. Second. No, just thanking her for her volunteerism. [01:32:28] Deputy Mayor. No, I'm fine. Ms. Starkey. No comments, thank you. Likewise, no further [01:32:33] discussion. All those in favor, please signify by saying aye. Aye. Opposed, life sign. Next, [01:32:38] three-minute report for Parks and Rec. Ms. Smith. Thank you very much. Just wanted to

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  20. 10.k

    Three Minute Report: Parks and Recreation

    discussed

    Parks and Recreation director gave a three-minute departmental update covering the summer concert series return, the parks master plan process timeline, the Francis Avenue restroom CDBG project, the James E. Gray Preserve Urban Connector trail grant, new recreation software development with IT, recent event attendance figures, and upcoming holiday events including Winter Fest and the youth board's Cardboard Campout for homelessness awareness.

    ▶ Jump to 1:32:40 in the video
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    [01:32:43] let you know that we are going to return the summer concert series in June and July [01:32:48] of this year. We've already booked three bands for that program. Also wanted to provide you [01:32:53] with a little update of where we are with the master plan process just for the next [01:32:58] three months. During this month, the surveys that have been mailed out and are also available [01:33:04] online, this month we're also concentrating on marketing that survey, trying to get as [01:33:10] many people as possible to take it, and also promoting the public meeting. December will [01:33:16] be when we hold the steering committee kickoff meeting, the park evaluations will be completed, [01:33:21] the stakeholder interviews completed, and then the public, the first of the public meetings. [01:33:26] And then in January, there will be a work session with city council to give you a review [01:33:32] of where we are with the needs assessment process. That's not the full process of the [01:33:36] master plan, but I just want to let you know through January how that process is progressing [01:33:41] and moving forward. Francis Avenue restroom project, we are going to be building a new [01:33:47] restroom there with a CDBG grant. Right now we're at the final design that's going to [01:33:53] be presented to permitting, so that process is moving right along, or that project. James [01:33:58] E. Gray Preserve Urban Connector, which is a recreational trail program grant, the grant [01:34:04] was received, and a proposal for professional services will be brought before city council [01:34:11] in December for your consideration. We are in the process right now of working very hard [01:34:17] and diligently with Bryan and IT to build and create our new software program for the [01:34:23] Recreation and Aquatic Center. We literally meet five days a week with him to build this [01:34:29] program, so tremendous support from IT for that. We're also at the same time creating [01:34:35] our department webpage with IT support and Bryan's assistance. We have held preparing [01:34:42] for the new year staff meetings to discuss our department vision and goals to make sure [01:34:48] all the staff are in line and know what our vision is and what our goals are for this [01:34:53] year. This week we have a meeting planned where we have invited all of the downtown [01:34:58] restaurants to attend to discuss how we can better partner with them when we hold meetings [01:35:06] or hold events in Sims Park, so we're hoping to have a good response from those restaurants. [01:35:13] The Sims Park playground made a national playground catalog. As soon as that catalog comes out, [01:35:19] I'll make sure council has copies of that, but we're very pleased that that did happen. [01:35:24] We have built into the Sims Park 2017 schedule monthly blackout dates, where one week in [01:35:32] a month the park will not have any events, and this will give time for preventative park [01:35:38] maintenance and recovery efforts by Public Works, so that we're really making an effort [01:35:43] to make sure that park stays looking good. Some of our most recent event attendance or [01:35:49] programs that we've had, we had the SAC Swim Meet we hosted with 682 athletes in attendance. [01:35:59] Our comic book convention we had recently had 2,300 people in one day attend that, so [01:36:04] we will be hosting that again. Puppy Paddle saw 101 dogs swim, and then this past weekend [01:36:11] we hosted the Cody Man Triathlon with 190 athletes, up from 116 the prior year. [01:36:19] This weekend, Saturday, we'll be continuing our family movie night series with Finding [01:36:24] Dory. December 2nd is going to bring our Winter Art Show, where we'll have children's art [01:36:30] and singing on the pool deck. We will have a boat, thanks to Councilman Starkey, in the [01:36:37] Holiday Lights Boat Parade, so I'll be sending out information about that to where he plans [01:36:43] to pick everybody up. We will also have a float in the Holiday Street Parade, and that's [01:36:49] on December 10th. December 17th, we are hosting Winter Fest at the Recreation and Aquatic [01:36:57] Center with 20 tons of snow, three snow slides, Mr. and Mrs. Claus, a bunch of games for the [01:37:03] kids, and then we're going to show the movie Frozen, and we do actually have Elsa and Olaf [01:37:08] that will be attending. I have not seen the movie, so I'm not sure who they are, but they [01:37:12] will be there. I will be seeing it in December. And then the last item that I have is this [01:37:23] Saturday, I believe it's the sixth year that we've done this, my youth board, and Elizabeth [01:37:28] has joined us for this probably every year, is our Cardboard Campout, because November [01:37:34] is Homelessness and Hunger Awareness Month, and our youth board sleeps in cardboard boxes [01:37:40] overnight to raise donations, canned food items that we donate to the Well Worship Center, [01:37:47] and they sleep in the boxes to kind of get a better understanding of that hardship. You're [01:37:52] all invited for dinner at 6 o'clock, it's Hobo Stew, and if you'd like to spend the [01:37:56] night, let me know, I'll save a box for you. What night is that? This Saturday, the 19th, [01:38:03] and dinner's at 6. I just said, I talked to Debbie today a little bit about the blackout [01:38:10] dates, and I just want some flexibility in that instead of a set, you know, down the [01:38:16] road, because we just don't know sometimes what's going to come up. And with that, Councilman

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  21. 11Communications1:38:21
  22. 12Adjournment