On the agenda

1. 1Call to Order – Roll Call▶ 0:00
2. 2

   Pledge of Allegiance

   Pledge of Allegiance and a moment of silence in honor of servicemen and women.

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   [00:00:21] Thank you. [00:00:22] If I could ask you all to stand for the Pledge of Allegiance and remain standing for a moment [00:00:23] of silence in honor of our servicemen and women at home and abroad. [00:00:27] I pledge allegiance to the flag of the United States of America and to the republic for [00:00:33] which it stands, one nation, under God, indivisible, with liberty and justice for all.

   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.

3. 3

   Moment of Silence

   The council observed a moment of silence.

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   [00:00:46] Thank you. [00:00:47] You may be seated.

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4. 4Approval of Minutes▶ 0:50
5. 5

   Presentation by Kimley-Horn and Associates, Inc. RE: James E. Grey Preserve

   discussed

   Kimley-Horn and Associates representatives Keith Greminger and Dawn Dodge presented design plans for the James E. Grey Preserve expansion, covering the 16-acre property purchased on the north side. The presentation focused on a $485,000 FDEP Recreational Trails grant funding Phase One improvements (parking, bike trail, walking trails, walking bridge, trail connections) on the East Congress side, with a separate grant pending for the West Congress parcel. Council members offered input including adding a community garden, dog accessibility, using Boy Scout eagle projects, and keeping the nature pavilion rustic.

   • direction:Council directed staff/consultants to consider adding a community garden, dog-on-leash accessibility, and a rustic pole-barn-style nature pavilion, and to leverage Boy Scout eagle projects for features like a bridge. (none)

   📍East Congress Street parcel📍James E. Grey Preserve📍Sims Park📍The Meadows area📍West Congress Street parcel🏢Florida Department of Environmental Protection🏢Gulf Middle School🏢Kimley-Horn and Associates, Inc.🏢Main Street Landings🏢U.S. Army Corps of Engineers🏢U.S. Fish and Wildlife👤Chris👤Councilman Davis👤Councilman Phillips👤Dawn Dodge👤Debbie Manz👤Keith Greminger👤Mr. Rivera👤Ms. Fierce👤Ms. Smith#Ecotourism funding#Florida DEP Recreational Trails Project grant ($485,000)#Future 5,000 sq ft nature center#Future playground and pavilions#Phase One improvements#Phase Two grant application (pending)#Wetland delineation and survey

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   [00:01:28] Mr. Mayor, members of the Council, we have two representatives in attendance this evening [00:01:33] from Kimberly Horne and Associates. [00:01:36] We have Keith Greminger and Dawn Dodge. [00:01:39] They're going to talk to us a little bit about the 16 acres of property that the city purchased [00:01:46] on the north side of the James E. Gray Preserve. [00:01:51] In specific relationship to a $485,000 grant that the city received from the Florida Department [00:02:02] of Environmental Protections under their Recreational Trails Project. [00:02:08] Since the city received that bid, we entered into a relationship with Kimberly Horne so [00:02:14] that they could provide the design services necessary to support the expenditure of funds. [00:02:22] I'm not going to take the show away from them by telling you about all of the improvements [00:02:27] that are being proposed, but in part, their hard surface bike trails and walking trails [00:02:35] and connections and other good stuff that I'll let you introduce, Mr. Greminger. [00:02:40] Thank you, Ms. Mann. [00:03:02] We're going to bring you to the big picture first, and then I'm going to have Dawn, who [00:03:06] is our senior civil engineer, walk you through the specifics of the east, as we've termed [00:03:12] it, the East Congress Street redevelopment. [00:03:16] We looked at this from an overall standpoint of the existing Gray Preserve and the recently [00:03:21] acquired city property and other adjacent properties and defined the boundaries, the [00:03:27] aerial boundary of the site. [00:03:30] We took a look at the existing facilities that are out there. [00:03:33] It's a great park. [00:03:35] When we toured it with Ms. Smith, it was fairly busy on a Tuesday morning. [00:03:42] A lot of people use it. [00:03:44] It's a great atmosphere, what you have there existingly. [00:03:48] So one of the things we began to do as we worked through with the city's Park and Recreation [00:03:52] Department, as well as city staff, is talk about what are the kinds of activities that [00:03:57] long term, this is sort of a blue sky effort, of events and opportunities and activities [00:04:06] that could take place within the park overall. [00:04:09] You receive this grant, we're actually applying for another grant, so how is this all going [00:04:13] to tie together? [00:04:14] So we wanted to step back a little bit, try to get a good understanding of everything [00:04:18] that could potentially be there. [00:04:20] So as we lay it out, we're not undoing anything in the future. [00:04:24] We just constantly kind of look at how all these things tie together. [00:04:27] So again, this is a preliminary desired list. [00:04:31] You can read through it. [00:04:32] I won't read it to you. [00:04:33] But a variety of things and opportunities that as we begin to lay things out from a [00:04:37] master plan standpoint, we'll focus in on the East Congress portion. [00:04:43] So these are the two properties that we're referring to as East and West Congress, coming [00:04:47] off of Congress Street from the north. [00:04:50] The east side, obviously, is the piece that you've received the grant for, and working [00:04:55] with Ms. Smith and Chris over at Recreation, we helped make an application for the West [00:05:01] property. [00:05:02] So that's going through right now. [00:05:04] So understanding how those two pieces are going to work together was important, and [00:05:09] then how they all tie in overall to the greater Great Preserve. [00:05:13] Hey, Keith? [00:05:14] Yes, sir. [00:05:15] By the way, can you go back? [00:05:18] These include the island in the middle of the river right there. [00:05:22] We own it. [00:05:23] Yes. [00:05:24] And so we want to make sure that it's utilized, because we paid cash for it. [00:05:29] But I want to make sure that that's obviously part and parcel of what we're looking at. [00:05:32] Yeah, you'll see in some of the concepts design, we actually did include that. [00:05:37] So again, where we're at with the east is the grant is approved. [00:05:42] We're in the design stage. [00:05:43] On the west side, we prepared a sketch, and the grant is under review. [00:05:48] So moving forward, we want to make sure that we actually understood that. [00:05:51] So this is what we got preliminarily, directives of how this would work together. [00:05:56] Largely, it was a bicycle trail, and a pedestrian trail, and a future grant, or future bridge [00:06:03] that may tie the two together. [00:06:06] Existing trails are on the lower portion, and the proposed trails are being built. [00:06:11] And actually, a new parking access from the north along Congress. [00:06:16] This was also then a preliminary idea that the Parks and Recreation Department had on [00:06:23] how we could utilize that west portion. [00:06:25] Largely, a trail, a boardwalk, with a variety of gazebos and overlooks, and possibly an [00:06:33] observation tower. [00:06:35] So from that, we did sort of a really kind of rough sketch of how it would all lay out. [00:06:41] What could take place there, and how the two sites work together, and how they would tie [00:06:46] in to the overall trails that currently exist. [00:06:51] There's going to be a minimal crossing, as you see. [00:06:54] We have a pointer on here? [00:06:56] Green button. [00:06:58] There we go. [00:06:59] Right there, there's a spillway that comes from the back of the property here that ties into it. [00:07:04] So this area right here, in talking with Mr. Rivera, there's going to be a stormwater possibly [00:07:11] culvert there, incorporating potentially a bridge. [00:07:15] So the two trails, whether it be a bicycle trail on the upper portion, or a pedestrian [00:07:25] trail on the southern portion, need to come to that same location, and then tie into the [00:07:29] existing preserved trails. [00:07:32] So that's where, again, we're trying to make sure we understand all the attributes that [00:07:36] are going on, the variety of disciplines within the city, that we can make the most out of [00:07:41] this funding to take advantage of that. [00:07:44] Keith, is that area right now treed? [00:07:48] It has been, actually. [00:07:49] The area, if I can, again, kind of right where we're showing parking, has been bush hogged. [00:07:55] It's been cleaned up quite a bit. [00:07:57] As you get back further over here, there is some tree. [00:08:00] Now we just had a survey done, so we're better understanding where everything exists. [00:08:06] But actually, as I say, as the entry point from Congress Street, we looked at this area [00:08:11] that had been relatively level. [00:08:13] It's out of the wetlands, and bush hogged as the best opportunity for a parking area [00:08:19] from the north. [00:08:24] So this now kind of zeroes in on the grant application for the west side. [00:08:28] Again, we're going back and taking that direction that we got from the city staff, and identifying [00:08:36] a variety of trails and or boardwalks. [00:08:39] And the opportunity here that we have along the river's edge is really kind of zigzagging [00:08:45] the boardwalk, so you have a variety of views constantly. [00:08:51] And then within that, also then to set these little seating areas and some of these gazebos [00:08:59] within that. [00:09:00] And the opportunity for an observation tower out here that not only sees over the little [00:09:04] island, but also ties together, and some osprey nests. [00:09:09] So what we did from there, then, is finalize this in a little better rendering. [00:09:17] And this is what we submitted for the grant application. [00:09:20] And again, you can kind of read it. [00:09:22] This will be available for everyone. [00:09:24] But the idea is, again, to create these boardwalks, separating them. [00:09:31] This is one of the osprey overlooks. [00:09:34] We felt right here as the observation tower had the best view down the river [00:09:40] and around the island. [00:09:42] The island, we have a little beach or a kayak stop as well we can portray. [00:09:48] And again, the boardwalk, zigzag with a couple of kiosks, seating areas. [00:09:53] And then this yellow line is the pedestrian trail that would go over and tie into the existing. [00:09:58] And the orange here is the bicycle trail and the identified parking lot. [00:10:04] So as we move forward, I'll let Dawn really get in this, because now we're [00:10:09] getting more into the details of it. [00:10:10] And Dawn can walk you through that. [00:10:13] Sure. [00:10:14] So this lists out, with the grant, what was itemized in that $485,000. [00:10:24] So you'll notice parking lot, bike trail, walking trails, walking bridge, [00:10:28] trail connections were all included in that grant. [00:10:31] So as Keith mentioned, there's other items that we've identified for future. [00:10:38] So what we did is we basically drew up a site plan based on the initial recommendations [00:10:48] from city staff. [00:10:50] Then what we did is we drew up a more organic site plan based on the programming [00:10:58] that the city desires in the future. [00:11:02] The previous plan was a bigger lot. [00:11:05] And looking at what you have out there currently, the breaking up of it. [00:11:08] And we see this as being either a crushed rock or crushed shell parking lot and drive. [00:11:14] So it allows the rainwater to go through. [00:11:17] It doesn't create what they call impervious surface [00:11:19] that we have to contain and hold. [00:11:23] It creates a lot of runoff. [00:11:24] So with this, then, we decided to bust up the parking a little bit [00:11:28] and try to minimize its impact when you first approach the park. [00:11:33] It's not just a big parking lot. [00:11:36] So then what we did is we actually had our environmental scientists [00:11:41] take this site plan and went out and identified where the wetlands are. [00:11:47] So this is from the US Fish and Wildlife website. [00:11:51] So this is just approximate limits of where the wetlands were. [00:11:55] So then we had our environmental scientists go out there [00:11:58] and actually physically identify where the wetland limits are. [00:12:02] And then we had it surveyed. [00:12:04] As you can see, the wetlands encroach much more into the site [00:12:07] than the US Fish and Wildlife had indicated. [00:12:09] So having it actually staked and understood by an environmentalist [00:12:14] was a huge finding for us. [00:12:16] And the idea is that we would need to get a survey. [00:12:19] And we didn't want to survey the entire 16 acres. [00:12:22] That's pretty costly. [00:12:24] And we don't want to necessarily survey what we're not going to touch. [00:12:30] So this is the wetland line that was actually physically staked [00:12:34] and surveyed, outlined over the site plan. [00:12:37] And you'll notice that we show just this portion impacting the wetland. [00:12:42] So what we did is we went back and we came up [00:12:45] with a sketch to avoid the wetland line. [00:12:48] So we just modified it, bringing it in. [00:12:52] And you'll notice in the center portions there, [00:12:54] a couple of the program elements, future program elements, [00:12:57] are the hope of a 5,000 square foot nature center that [00:13:01] could be there, as well as another playground [00:13:04] with a couple of small pavilions around. [00:13:07] So those are preserved land, so to speak, [00:13:10] within the center of the drive and parking [00:13:13] that we can build out at a future time when the community is ready for it. [00:13:18] But right now, reorienting the parking and the development area [00:13:23] to stay outside of that wetland line. [00:13:27] And with that, so our first original site plan, [00:13:30] we had a little bit over a quarter of acre impact to wetlands, which [00:13:35] what that means is basically 12 months of Army Corps permitting, [00:13:41] and then mitigation costs offset the impacts. [00:13:44] As you'll see, about $63,000 just estimated. [00:13:47] So with revising the site plan, we don't have any impacts. [00:13:50] We will not have to go through the Army Corps. [00:13:53] And that will help us with schedule, permit schedule, and with costs. [00:14:00] And then this is the final site plan drawn up [00:14:05] with the actual survey and the survey wetland. [00:14:08] And this is what we'll be submitting the commencement drawings on. [00:14:13] And you can see the dashed lines of the bike trail on the north. [00:14:17] Yeah, so this is the bike trail. [00:14:18] Let me point out a couple of things here, too. [00:14:20] And I know I don't anticipate people to be able to read this. [00:14:23] But obviously, coming in from Congress Street as we read. [00:14:25] Keith, step up a little bit. [00:14:26] Pardon me? [00:14:27] Step up a little bit to the microphone. [00:14:30] So as you come in from Congress Street from the north, [00:14:33] you circumvent the site with a parking lot that's kind of broken up. [00:14:39] This square here represents where the nature center could possibly [00:14:44] go, over 5,000 square foot footprint. [00:14:47] And then where also a playground could exist here with two pavilions. [00:14:50] This is the bicycle, the bike trail. [00:14:54] And what we provide here is another pavilion and a bike wash and lock. [00:14:59] So you can wash your bike. [00:15:00] If you take the bike into the overall preserve, it could be, you know, a very rigorous ride [00:15:07] and you come out pretty muddy. [00:15:08] So a lot of bikers would like to have a wash down before they put their bikes back on their [00:15:14] racks and take them away. [00:15:16] And then the pedestrian trail comes down along the western edge here, along the south. [00:15:22] And you can see they both meet here. [00:15:24] And we'll work out the details of that as you understand more about the culvert, its [00:15:28] location and the ability to bridge over that. [00:15:31] So fairly minimal program at this point in time, but as I mentioned, we want to make [00:15:36] sure we thought about it as it ties into other pieces. [00:15:40] And now getting the wetland delineation and the survey, we're able to take over possibly [00:15:47] a year off the schedule of permitting and saved, you know, close to 10 to 15 percent [00:15:53] of the overall budget by reorienting that. [00:15:56] So I think that's... [00:15:59] Mr. Mayor, if you'll allow me, just for clarification purposes, with the acquisition of the two [00:16:04] parcels of property, which equated to 16 acres in size, the city's park now exceeds 102 acres [00:16:14] in size. [00:16:15] We have been approved for the phase one funding of the program, which we spoke of. [00:16:22] Phase one does not include the playground or the nature center. [00:16:27] Those are concepts that we will determine if they're appropriate as funding becomes [00:16:35] available in subsequent years. [00:16:38] The second phase of the project, which is under consideration, we continue to hear good [00:16:43] things from the state on, and we're hopeful to be able to pass along some good news to [00:16:48] you in that respect in the near future. [00:16:50] Very good. [00:16:52] Any questions? [00:16:53] Yeah, I'd like for you to consider putting a community garden somewhere on this property [00:17:01] as a secondary use. [00:17:03] We'd like to promote that since we do it in other parts of the city. [00:17:06] I could, Commissioner Phillips, community garden, do you mean in a sense where the neighborhoods [00:17:11] could come and they do vegetable planting? [00:17:13] Yep. [00:17:14] Okay. [00:17:15] Yep. [00:17:16] I'd like to have that consideration. [00:17:17] We've become identified as a community garden city. [00:17:22] We actually, if the mayor will go, the mayor can tell you about the editorial, and we actually [00:17:28] made it into the Times on their editorial page and a cover page for the things we've [00:17:33] done with the community garden, so I'd like to keep that, because obviously it's a setting. [00:17:37] The other thing is I also want to make sure that we keep in mind that we gave development [00:17:42] rights away off of this property to Main Street Landings, so I want to make sure we don't [00:17:47] trip any thresholds as it comes back, because this property used to be zoned for an RV park, [00:17:54] which was one of the key reasons why, when it became available, we were extremely interested [00:18:01] in getting it off the rolls and bringing it back into the city to tie it into the existing [00:18:06] Gray Preserve, because we didn't want RVs. [00:18:10] I live in that area, I basically grew up in that area, down the street, plus it adds a [00:18:15] nice tie-in to Gulf Middle School and some teachable moments and all those things, and [00:18:22] then over and above that is obviously the aspects of access to the river, that area [00:18:29] back there, and I will love when you finally find a way to connect the property from Phase [00:18:36] One into the other Gray Preserve, because when we were looking to purchase it, Miss [00:18:43] Manz is laughing, because I took her on a nature hike. [00:18:47] She wasn't quite sure what she was going into, but Mr. Rivera and Miss Fierce had the opportunity, [00:18:54] and I'm telling you, the only way we got out is that we saw the way that some osprey was [00:18:59] flying, even though I lived in that neighborhood, because we were frigging lost. [00:19:05] It was covered up, and we were taking one turn after another, and I would have loved [00:19:09] to have known where the wetland was, because I stepped in it up to about my Adam's apple [00:19:13] that day, it seemed like, but that area is just so pristine back there, and making those [00:19:18] tie-ins, but that being able to happen on the Gray Preserve and the city to be identified [00:19:24] as protecting its wildlife is one of those things. [00:19:26] I can tell you that, yeah, I too, on our tour, Miss Smith can attest to that. [00:19:33] I was very interested in where the spillway was, and thought it could be a nice feature, [00:19:38] and I kind of got my tush wet a bit, by stepping in it, yes, and my staff was taking, you could [00:19:46] hear shutters clicking, I thought the paparazzi came out, you know, but no, I think that tie-in [00:19:52] is going to be great, I think we have a lot of opportunity for the west area to get their [00:19:58] grant, I think once the grant is awarded, they'd like to continue to feed off of those [00:20:03] grants, and the western edge, I think with that boardwalk. [00:20:06] And the final thing is, I know we're going to hear about it, I know it's going to come [00:20:11] back around, so I'd like for you to have it on the forefront of your mind. [00:20:15] One is that we've talked about our dog park that backs up to the other side of the Gray [00:20:19] Preserve over in the Meadows area, but I will tell you that invariably, not only Gray Preserve, [00:20:27] but this, when we've talked about it, people that I know have asked about having the ability [00:20:33] to have their dogs on a leash and go through this area, we've had it ever present in Sims [00:20:41] Park, whether we designed it for that or not, so we need to be conscious of that as we look [00:20:47] at this, and on your pavilion, the nature pavilion, I personally wouldn't be offended [00:20:53] for the first ten years with a huge pole barn with some tables and some graphic signage [00:21:00] that explains some things, before you talk about air conditioning and all those things, [00:21:05] which I believe takes away from the pristineness of that setting, so that's my soap box for [00:21:11] five minutes. [00:21:12] Thank you. [00:21:13] I will amplify on that, as Ms. Smith can no doubt let Mr. Rivera know, there are a huge [00:21:23] number of Boy Scouts in the area looking for eagle projects, and a pole barn like what [00:21:31] Mr. Phillips just suggested, or for that matter, a bridge over the culvert drainage area, are [00:21:38] all well within the purview of that sort of project, and I think we ought to give them [00:21:44] the opportunity to jump on it. [00:21:48] They could also use their map and compass skills to find their way so that we don't [00:21:53] lose Mr. Phillips at some point in the future. [00:21:55] They're not going to take the Keith and Bill tour? [00:21:58] Yeah. [00:21:59] Keith, you said that the parking area, it's an area, so it's not delineated with parking, [00:22:07] it's just crushed stone or shell? [00:22:10] Yeah. [00:22:11] Very much what the preserve has on it now, on the southern and eastern sides of it. [00:22:19] We'll have delineated areas, we would probably like to have wheel stops so people don't progress [00:22:25] too far, but nothing beyond that. [00:22:29] Try to keep it as naturalistic as possible. [00:22:32] It looks lovely, and I too, of course, seeing it that way, will we have the opportunity [00:22:40] to go someplace and see what you had up there? [00:22:43] Because it was hard to see from here. [00:22:47] We can actually have printouts available. [00:22:49] Okay, thank you, and you make me feel very old if this young lady is your senior engineer. [00:22:55] Thank you. [00:22:56] It has more to do with her capabilities than her age. [00:23:00] I'm sure. [00:23:01] Thank you very much. [00:23:02] I appreciate that. [00:23:03] Deputy Mayor. [00:23:04] All very exciting stuff. [00:23:05] I love the idea of camping. [00:23:06] I also love the idea of the nature center, Councilman Davis, we may be looking at some [00:23:13] ecotourism funds to the county for something like that, for a nature center, you think? [00:23:17] We could look at that. [00:23:18] Aren't you on the board? [00:23:19] Well, not the eco, but tourism, yeah. [00:23:20] We can plan a seat and see if that's a possibility. [00:23:21] I was looking for funding sources, but all very exciting stuff. [00:23:30] Great piece of real estate. [00:23:34] Thank you very much. [00:23:35] Can I? [00:23:36] Yes. [00:23:37] Thanks. [00:23:38] Okay. [00:23:39] Other than agreeing with him. [00:23:40] Oh, okay. [00:23:41] I just want to know, according to policy of the city, is it appropriate at this point [00:23:45] that we get bids on the next phase? [00:23:52] The next phase is, we hope, much like it is right now, where you get a grant to actually [00:24:00] pay for it. [00:24:01] Yeah. [00:24:02] A grant, but I mean still... [00:24:03] Councilman... [00:24:04] Pardon me. [00:24:05] I don't mean to interrupt. [00:24:06] I think that you're referring to a professional services agreement for the planning that would [00:24:11] be associated with the preparation of bid specifications for the second phase? [00:24:16] No. [00:24:17] Well, that's what I'm saying. [00:24:18] I'm not exactly sure what phase it is, but I mean, getting the work done, would that [00:24:22] be appropriate to put that out for bid? [00:24:24] We would seek professional services responses to a request for proposal once the award has [00:24:34] been approved on the grant. [00:24:38] Do we anticipate a time on that? [00:24:41] Is there like a time frame? [00:24:44] Well, the state government is not on a specific schedule as it relates to that matter. [00:24:53] We are told, though, and Ms. Smith, please let me, correct me if I over speak, but we [00:24:59] are expecting to know during the month of July. [00:25:01] Excellent. [00:25:02] So that should move right along. [00:25:03] Super. [00:25:04] It's around the corner. [00:25:05] Very good. [00:25:07] Thank you very much. [00:25:08] All right. [00:25:09] Thank you. [00:25:10] Thank you.

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6. 6Vox Pop▶ 25:11
7. 7.a

   Purchases/Payments for City Council Approval

   approvedon consent

   Council approved the consent agenda, which included purchases/payments for City Council approval.

   • motion:Motion to approve the consent agenda. (passed)

   ▶ Jump to 35:55 in the video

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   [00:35:56] Anyone else? Seeing no one else come forward, I'm going to close Fox Pop. Next item is our [00:36:04] consent agenda. [00:36:05] Move for approval. [00:36:06] Second. [00:36:07] Motion is second. All those in favor, please signify by saying aye. [00:36:12] Aye. [00:36:13] Opposed, like sign. Next is public reading of ordinances. First reading of ordinance

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8. 8.a

   First Reading, Ordinance No. 2017-2114 Amending Section 23-46 to Remove Circle Blvd. from One-Way Street Listing

   approved

   Council held first reading of Ordinance 2017-2114, a housekeeping amendment to remove Circle Boulevard from the one-way street listing in Section 23-46, reflecting the two-way reorientation done during Sims Park reconstruction. Discussion also covered upcoming traffic calming measures including new stop signs at Sims Lane/Circle Blvd, a three-way stop at Washington/Central, four-way stops at Jefferson/Central and Adams/Central, and crosswalk/handicap improvements. Motion passed on voice vote.

   Ord. Ordinance No. 2017-2114

   • motion:Move to approve first reading of Ordinance 2017-2114 amending Section 23-46 to remove Circle Blvd. from the one-way street listing. (passed)

   📍Adams and Central📍Circle Boulevard from Sims Lane to Bank Street📍Jefferson and Central📍Sims Lane and Circle Boulevard📍Washington and Central🏢Historical Society👤Councilman Davis👤Councilman Phillips👤Mr. Dede👤Mr. Rivera👤Ms. Manns#Chapter 23 Code of Ordinances#Ordinance No. 2017-2114#Section 23-46#Sims Park reconstruction project

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   [00:36:18] 2017-2114. [00:36:22] Ordinance 2017-2114, an ordinance of the city of New Port Richey, Florida, providing for [00:36:27] amendment of section 23-46 of the New Port Richey Code of Ordinances pertaining to one-way [00:36:32] streets. Providing for two-way traffic on Circle Boulevard. Providing for conflict, [00:36:36] severability, and an effective date. [00:36:40] This is a public reading, and public comment would be appropriate at this time. Anyone [00:36:45] wish to address counsel on this matter? Seeing no one come forward, bring it back to counsel. [00:36:52] Move for approval. [00:36:53] Second. [00:36:54] Ms. Manns, can you just clarify exactly why we're doing this? [00:36:57] I can, Mr. Mayor. The purpose of this item is to correct Chapter 23 of our Code of Ordinances [00:37:09] as it relates to traffic on motor vehicles. Currently, Circle Boulevard is indicated as [00:37:16] a one-way street from Sims Lane to Bank Street. As you are all aware, during the reconstruction [00:37:25] of Sims Park, the road was reoriented to accommodate two-way traffic, and we did not change the [00:37:32] code. We'd like to do so at this time. [00:37:34] So this is a housekeeping item? [00:37:36] It is so. [00:37:37] Discussion to the maker. [00:37:38] I have no comments. [00:37:39] To the second? [00:37:40] No, thank you. Appreciate you doing the housekeeping. [00:37:41] Counselor Phillips? [00:37:42] Yeah, if we could just get some traffic information. Obviously, there's been some concern about [00:37:53] going to two-way back when it was converted, and obviously, it's more housekeeping than [00:38:00] anything. The other is also, I believe, Ms. Manns, was in your report where it talked [00:38:06] about there's some additional quieting mechanisms that are going to happen in and around Circle [00:38:11] and some of those things, or is that just a report that I saw? I know that dovetail [00:38:18] was Circle going over to Central and over to River, so I'm just trying to make sure [00:38:23] I've got my geography down, because obviously, when you hit the corner there by the Historical [00:38:28] Society with the new pavement, we were concerned about people getting in the grass area, so [00:38:33] I didn't know if there were some other elements that would allow us to kind of slow that path [00:38:39] down a little bit. [00:38:42] In response to the Councilman's questions, I don't recall specifically reporting to you [00:38:48] in any fashion about some traffic calming measures. If I did, then I'm way ahead of [00:38:53] the game, and I'm glad to take credit for that, but we'll have a full report to you [00:38:58] in your City Manager's Report. [00:39:00] I believe there was discussion of a three-way stop at Washington and a two-way stop at Sims. [00:39:07] That is in regard to some recent traffic studies that have been conducted. I'm sorry, I didn't [00:39:12] understand the question completely. Mr. Rivera, can you help me out? [00:39:15] Yes, ma'am. That was in response to the resident that lives around Circle, Mr. Dede. He had [00:39:21] complained of excessive speeds, and there was a couple accidents that he had witnessed. [00:39:27] We took a look at it, got with the traffic engineer, and it was determined that the design [00:39:32] of that road, the way it's a circle all the way around, creates its own hazards. With [00:39:38] the expansion of the Sims Park project, as well as the school being in close vicinity, [00:39:44] it was determined that we could utilize stop signs as a form to control those hazards, [00:39:50] not as a speed application, but as a hazard itself. [00:39:55] So what we're proposing to do is to install two stop signs right there at Sims Lane and [00:40:01] Circle Boulevard and enhance that crosswalk. And then down over on Washington and Central, [00:40:07] we are going to install a three-way stop sign with additional crosswalks so that people [00:40:13] can get from the inside circle out to the outside perimeter existing sidewalk. That [00:40:19] ties into the Central Avenue complaint as well, and so there will be four-way stops [00:40:24] and handicap improvements to the sidewalks at Jefferson and Central, and then at Adams [00:40:31] and Central. [00:40:32] That's good to hear, because obviously we had people that came and talked to us a lot [00:40:36] about that, so it's nice to see that the information validates that. I guess the only thing I'm [00:40:43] disappointed is we didn't bank Circle Boulevard enough to get a little NASCAR action on it, [00:40:49] because that's the only thing I didn't see there in the report. [00:40:52] Mr. Rivera. [00:40:54] Councilman Davis. [00:40:56] Yeah, it is housekeeping, and just as an aside, I am thrilled to death to hear about the additional [00:41:04] stop signs, particularly the one at Jefferson, because I've always been nervous coming across [00:41:10] that particularly blind intersection. There's no further discussion on this. All those in [00:41:18] favor, please signify by saying aye. [00:41:20] Aye. [00:41:21] Opposed, like sign. [00:41:22] Next are business items. The first business item is the seawall condition assessment report. [00:41:27] Ms. Manns. [00:41:28] Sure, Mr. Mayor. The purpose of this agenda item is to seek your approval of a seawall [00:41:33] condition assessment report. The seawall stabilization project entailed an investigation of repair

   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.

9. 9.a

   Seawall Condition Assessment Report – Consideration for Approval

   discussed

   Trout Engineering presented a seawall condition assessment for five riverfront parks (Sims Park Riverwalk, Sims Park Boat Ramp, Cotee River, Jasmine, and Grand Boulevard) totaling $860,550 in recommended repairs phased through 2021. Council expressed concern about the proposed prioritization—particularly Jasmine Park being ranked fifth—and directed staff to develop a plan to expedite repairs, with the Deputy Mayor also requesting pricing for a police boat lift at the boat ramp.

   • direction:Council directed staff to develop a plan to implement seawall repairs on an expanded/expedited timeline rather than the proposed five-year phasing. (none)
   • direction:Deputy Mayor requested staff price out a boat lift for the police boat at Sims Park Boat Ramp. (none)

   📍Cotee River Park📍Grand Boulevard Park📍Jasmine Park📍Pine Hill Road📍Sims Park Boat Ramp📍Sims Park Riverwalk🏢Trout Engineering Consultants👤Bell-Thomas👤Brent Heath👤Davis👤Judy👤Mike Holmes👤Phillips👤Robert Rivera#Capital Improvement Program#Ground Penetrating Radar (GPR) investigation#Meehan Estate (historical reference)#Parks Master Plan#Penny for Pasco funding

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   [00:41:46] and prioritization for five seawalls in the city, the Sims Park Riverwalk, the Sims Park [00:41:53] Boat Ramp, the Cody, Jasmine, and Grand Boulevard parks. The total cost of repairs, as indicated [00:42:04] to you in the report, is $860,550. The recommendation is to spread that cost. From 2018, there's [00:42:15] a PowerPoint. Robert, you're amazing. Why don't you go ahead and show your PowerPoint, [00:42:23] and I'll just finish my last comment by indicating that roughly the expenditure per year is about [00:42:30] $175,000 to repair in its totality. [00:42:35] How many slides is this, Mr. Rivera? [00:42:38] Not that long. [00:42:39] Good. [00:42:40] It's not 30. [00:42:41] Because you don't want to take over the honor of the PowerPoint king, do you? [00:42:48] No, I'd like to introduce Mr. Brent Heath at this time. He's a PE and President of Trout [00:42:53] Engineering Consultants to present the report for you. [00:42:57] Thank you, Robert. Again, my name's Brent Heath. I'm Principal of Trout Engineering, [00:43:05] and I'm here to basically provide you with a summary and discussion of the results and [00:43:12] our recommendations of the report. [00:43:19] The city has five riverfront parks that have contained seawalls. From looking at the south [00:43:29] part of the figure, you have Grand Boulevard Park up to Sims Park Boat Ramp, Sims Park, [00:43:34] the Cody River Park, and Jasmine Park. These parks represent over 3,500 linear feet of [00:43:40] seawall. That's almost two-thirds of a mile, so it's a significant investment, significant [00:43:46] amount of infrastructure that the city contains within these parks. [00:43:52] Seawalls are essentially a vertical stabilization structure, which provides a measure of protection [00:43:59] for your upland properties. [00:44:03] Over the past number of years, the city has been observing and documenting a number of [00:44:09] deterioration and damage with the seawalls that occur at these parks. Through our investigation, [00:44:16] we have not been able to uncover when the original seawalls were installed, but likely [00:44:23] they are quite old. [00:44:25] A number of the seawalls or the parks have had improvements conducted at the parks, but [00:44:30] mostly those are for installation of seawall caps, as well as sidewalks adjacent to the [00:44:36] seawalls. The city has identified future improvements for the other park locations, which would [00:44:46] basically mimic the aesthetic and architectural looks that you have at your, such as Sims [00:44:53] Park and the Cody River Park. [00:45:00] The purpose of the condition assessment was to conduct an investigation of the deterioration of each seawall at each park, [00:45:08] determine the construction repair methods for the seawall deterioration, [00:45:14] provide recommendations for repair of those locations as well as identify costs for those repairs, [00:45:22] and determine prioritization, which parks would go first, which projects would go first, [00:45:30] and that was based upon the severity of the deterioration as well as the frequency of use of these parks, [00:45:37] and finally provide a recommendation for a construction phasing plan. [00:45:43] Part of the investigation, we identified design criteria for the parks or for the seawalls. [00:45:48] I'm not going to go through these, but essentially the vast majority of these design criteria are to minimize [00:45:54] or limit the impact of erosion, which essentially is the result or the effect of all the deterioration that we're seeing out there. [00:46:05] The investigation techniques consisted of the ground penetrating radar, [00:46:08] which is utilization of radio wave frequencies to provide us with a graphical representation of what's below the ground. [00:46:16] It's non-invasive. [00:46:17] They're able to determine that, and for this condition, we were looking at potential void locations where erosion has occurred [00:46:23] and will subsequently continue to cause effects or impacts to the seawalls. [00:46:29] We also had visual inspections, which allowed us to identify all the deterioration that was occurring out there [00:46:36] and to provide locations of those and potential impacts to costs for the repair. [00:46:44] It also allowed us to basically document and provide – basically verify the information we got back from the GPR investigation. [00:46:58] And finally, the city was able to provide some excavation at areas where they were able to get in there [00:47:04] without impacting the sidewalks and to assess the tieback locations and the condition of those structures. [00:47:13] The results, we had a number of conditions that we've listed. [00:47:20] Wall cracks, both vertical and horizontal, were prevalent at some of these locations. [00:47:26] Void locations were identified. [00:47:29] There was a number of locations where we had concrete spalling, [00:47:32] which is basically where the concrete falls off the wall or locations. [00:47:37] Wall joint separation, which is where existing construction joints were in place, [00:47:42] those have begun to separate, which again allows erosion of material through those locations. [00:47:51] Erosion behind and beneath the walls, and one item that's not listed here, [00:47:57] but the lack of what we term weep holes or drainage features, [00:48:03] which allow the ability for water that is behind the wall to escape and go through the wall. [00:48:12] If you don't have those type of features, it will find a pathway, [00:48:15] and that will therefore contribute and find a location to escape. [00:48:22] We observed sidewalk settlement and the sidewalk and wall joint separation. [00:48:29] The majority of the, again, identified seawall deterioration is a direct result of soil erosion. [00:48:37] With erosion occurring, you get voids. [00:48:40] The voids then contribute to the loss of your structural bearing capacity, [00:48:44] which leads to cracking settlement and ultimately to where the seawalls start failing and start tilting outward. [00:48:57] Some pictures of some of the existing or the observed deterioration at your seawalls. [00:49:05] You can notice from the top two pictures we have some significant cracking that have occurred in some of these locations. [00:49:12] A couple pictures of concrete spalling where the concrete basically is being chipped or falling away from the structure, [00:49:21] and that can also expose your steel rebar within the wall and weaken those components as well. [00:49:31] You have locations where you have wall joint separation, which again allows pathway for water to continue to come through. [00:49:38] That's Jasmine Park at the bottom right? [00:49:40] The bottom part is Jasmine, so we'll touch on that. [00:49:43] There were actually a few locations where we did observe some significant wall leaning. [00:49:51] Jasmine Park is by far the worst. [00:49:54] We did also do some tieback excavations there. [00:50:00] It appears that there was an original tieback structure for the Jasmine Park, [00:50:07] and it looks like at some point in time the city went back in there and basically added additional tiebacks directly to the walls. [00:50:14] We don't know if that was as a result of exactly what we're seeing here or if that has either stopped it or not, [00:50:25] but there was a two-phase approach to this particular wall. [00:50:29] At Sims Park, there was one section where we observed the wall crack and starting to tilt, [00:50:36] so that's one area that we are also concerned with as far as loss of structural capability. [00:50:44] Repair methods. [00:50:47] For a number of these types of damage or deterioration within your seawalls, we have identified a number of repair methods. [00:51:00] A lot of these deal with trying to shore up or eliminate the pathway for erosion, [00:51:09] to essentially go in there and fill the voids and to provide the ability for the wall to regain its structural capability. [00:51:26] For the estimated repair costs, we went through and identified all the damaged areas at each seawall, [00:51:34] came up with an estimated cost for the repair for each seawall location, [00:51:39] the engineering permitting survey cost, as well as the total capital cost of these locations. [00:51:45] Project rankings were determined by looking at the estimated repair costs for each location, [00:51:53] the amount and frequency of the use of those parks, the recreational use of those parks, [00:51:59] and the inclusion of the potential repairs with the city's overall project parks improvements program. [00:52:10] In this slide, Sims Park was ranked number one. [00:52:14] That was due to the fact that the park has experienced significant improvements to that location. [00:52:25] However, the seawall was not improved during that park expansion, so that identifies as the number one ranking. [00:52:34] The Cody River Park also, due to the frequency of use as well as the current condition of the seawall, [00:52:42] it was deemed that that was a high priority location. [00:52:48] And then Sims Park Boat Ramp, that park is also slated for improvements. [00:52:57] Again, I guess to kind of tie in with the overall Sims Park improvements. [00:53:04] And finally, Grand Boulevard Park and Jasmine Park. [00:53:08] And Jasmine Park was ranked last due to not only the cost of that particular project, [00:53:15] but that it was not a heavy use for the city residents. [00:53:26] And so we have finally a project phasing plan, which identifies the years or fiscal terms, [00:53:31] which we would identify or put these projects in your fiscal budget. [00:53:40] So with that, that concludes the presentation. [00:53:44] Thank you. [00:53:45] Deputy Mayor. [00:53:46] Okay, I have a few issues here. [00:53:48] Number one, the boat ramp seawall, are you telling me that's going to look like the seawall across the river at Sims Park? [00:53:57] We're going to have to elevate it with the gaps in it wider, because right now it's like Jasmine Park. [00:54:01] The surface area is that wide. [00:54:03] Correct. [00:54:04] So it's going to look like that? [00:54:05] My understanding is that the intent is to provide improvements that would mimic the architectural views that you had over at Sims Park. [00:54:12] So, yes, we're talking about additional wall caps, sidewalks. [00:54:17] Definitely wall caps and sidewalks at that park location. [00:54:20] I've been saying this since I've been on council, [00:54:23] and I don't know what needs to happen to add this to the $800,000-something total cost. [00:54:30] But we need to get, in my opinion, a boat lift for the police boat and keep it right there at the boat ramp park. [00:54:39] It needs to happen. [00:54:41] I mean, someone tonight complained about the wake in the river. [00:54:44] They have to go over to Pine Hill Road, grab the police boat on the trailer. [00:54:48] It takes two of them, bring it here, drop it in, find a parking spot. [00:54:51] I think there's one maybe allocated for the police department. [00:54:54] I think it's a high priority. [00:54:56] I really, really, really want a boat lift. [00:54:58] I think it's going to help with the undesirables in that area as well, [00:55:02] to have the police car parked there when they go to get on the boat, the police boat presence. [00:55:08] I just think it's very, very needed. [00:55:11] I have a couple more things I'd like to discuss, but what are y'all's thoughts on that? [00:55:17] An extra $30,000 or so? [00:55:19] I was going to open it up for public comment. [00:55:22] Oh, sorry. [00:55:23] Go ahead. [00:55:24] No, it's okay. [00:55:25] No, no. [00:55:27] You were clearly ready to go. [00:55:30] Go ahead. [00:55:31] What an idiot. [00:55:32] No, no, no. [00:55:34] I don't see anybody rushing up here. [00:55:37] But if there is anybody who would like to rush up for public comment, come on down. [00:55:43] I'm seeing nobody. [00:55:45] Deputy Mayor, I think you were right on time. [00:55:48] What else did you have? [00:55:49] What are y'all's thoughts on a boat lift at the park, the boat ramp for the police boat? [00:55:55] On there, but could we go back to that thing again and see where the last final thing was? [00:56:00] Because it brings us out all the way to 2021, I think. [00:56:02] Yeah, and my other issue is Jasmine Park should not be fifth on this priority list. [00:56:06] I mean, if you want to bring up that photo again. [00:56:08] Yeah. [00:56:09] The land behind the seawalls are eroding. [00:56:13] There's holes there. [00:56:14] Public works comes up, and they put one of those little road barrier things that bobs barricades. [00:56:19] It lasts for a couple months until someone goes and throws it in the river. [00:56:22] It's not used because it's not a very inviting park to begin with. [00:56:26] It could be a gorgeous park. [00:56:28] I'd like to see widened seawalls there. [00:56:30] If you want to match it to Coon River Park and Sims Park, that's fine. [00:56:35] That park needs help, and I have a serious problem putting that number five on the priority list based on the condition of that seawall. [00:56:42] I really, really do. [00:56:43] I'd like to do some more improvements to that other than the seawall, but that's my other issue with this report, is having that number five on the priority list. [00:56:50] That should be one or two in my opinion. [00:56:52] That and the boat ramp park. [00:56:53] When I saw the 2021 definition for it, my first thought was, we may not have to worry about the seawall by then. [00:56:59] It'll be gone by then. [00:57:00] Exactly. [00:57:01] Councilman? [00:57:03] Me? [00:57:04] Oh, I'm sorry. [00:57:05] No, go ahead, Debbie. [00:57:06] I mean, Judy. [00:57:07] That's okay. [00:57:08] Fred, Bob, whoever. [00:57:11] And the reason that we're plotting this as such for the years is because we're getting the money where? [00:57:18] Is this grant money? [00:57:20] Is this? [00:57:21] It's penny for PASCO. [00:57:23] Was this part of the capital improvement that we were looking at? [00:57:27] Yes, ma'am. [00:57:28] We had it in this year's, the current capital improvement program to do it in phases because we really weren't sure exactly what extent the damage was. [00:57:39] And so we put a certain amount of money. [00:57:42] I forget, I think it was around $300,000 or something like that in there, $250,000 or something, to at least make sure that we got this report done to where we could assess the condition of it and then move forward after that. [00:57:57] And so whether or not council would allow us to do it all in one year or multiple years is entirely up to you. [00:58:05] But when we had talked about phases, that's the way we talked about it in the beginning. [00:58:10] And the other thing that we were taking into consideration on the Jasmine Park was simply because we were looking at conditions that, number one, how many people were there using those sidewalks and the back of those seawalls. [00:58:27] And then we also wanted to look at if the damage had already been done and now we needed to do reconstruction, if we were going to phase these things in, which we might not, but if we were going to phase them in, then we thought, well, if we've already lost the one seawall, then let's work on all these other ones so that we don't lose those and then we can always go back to the other one. [00:58:52] So those were just some of the things that we were looking at. [00:58:55] Well, my concerns are, I actually was going to chat about that in a communications report. [00:59:00] You know, the area that we live in, we have storms. [00:59:04] You know, and the last time that we had a major, major storm, you know, was catastrophic. [00:59:09] But, you know, just going back a few years, my concern is that if they're deteriorating, I don't know enough about the length of life that they are now, but we are making improvements and we're doing what needs to be done. [00:59:26] I just really would not, I'm not comfortable with letting this linger going on five years. [00:59:31] I'm concerned that the river is, you know, we have to preserve it and take good care of it. [00:59:37] The fact that no one's going to Jasmine Lake, Jasmine Park, is probably because of the condition of the park. [00:59:43] You know, if I had children, I wouldn't want to be walking near that seawall because it looks like it's, yeah, it looks like it's, yeah, it looks like it's going to fall. [00:59:51] So I would be very concerned. [00:59:53] We've got a city with a river that runs through it. [00:59:56] We need to take care of it, and I think that the most important thing would be, this is like a river. [01:00:00] on a house, we need to do the seawalls, so I would like to move forward with it and fast [01:00:05] track it so that we're not looking at a five-year plan, but rather as quickly as possible. [01:00:09] Councilman Phillips. [01:00:11] Yeah, overall we've just finished a master plan for all of our parks, so I'd imagine [01:00:18] that part of our master plan included the seawalls or the condition of the construction [01:00:27] that has been done. It disappoints me that we put up seawalls with the intent that we [01:00:35] don't put any weep holes in them, but every time you see Mike Holmes on TV doing his stuff, [01:00:41] he's got weep holes on the side of his house and all that other stuff, so we create our [01:00:46] own dynamic because we build concrete walls and then we hope, I don't know, is it hydrology? [01:00:54] What is it? It's where the water comes under because we just spent $80,000 a year or so [01:01:00] ago to take care of some outcroppings on a bridge because we poured them, then the tides [01:01:08] and everything took all the sand from underneath it, and then we had to go back in and redo [01:01:12] that on places that people never walked and it was aesthetic. [01:01:16] But basically, it's differential pressures. [01:01:18] Yeah, I mean, way over my head. I went to Gulf High, man, I'm telling you, that kind [01:01:23] of map, that kind of map is way off the chart for me, but I appreciate you giving me the [01:01:28] benefit of the doubt there, but I just think it needs to be, yeah, we'd like to include [01:01:35] it, but we have that, we've got four other silos of items out here in the city, so we're [01:01:42] going to have to find a way that we can treat them all in and about the same time because [01:01:51] we were talking about pavement plan earlier this evening, we were talking about parking [01:01:57] garages to take care of economic development, and then if something happens in Marine Parkway, [01:02:03] we know it's coming there, so yeah, I don't see how Jasmine could be number five, but [01:02:08] it needs to be collectively on the table when we look at our five-year capital improvement [01:02:12] plan because I think this is a crucial year for us to identify all these along with our [01:02:17] strategic plan elements, so you put all those on the same page, and then everybody wants [01:02:24] to tie grant money into them because it's our money that we'd like to get back and phasing [01:02:32] it, but then we also stretch out, and if it falls in, once it falls in, it's going to [01:02:36] be a priority. We all know that. Once you blow a tire, you've got to put a tire on your [01:02:41] car, so once the wall falls, it will become, and Mother Nature may take it away on its [01:02:48] own because we're about in store for another cycle of Mother Nature deciding to impact [01:02:55] us all, but yeah, knowing it's there and not addressing it doesn't seem to be the right [01:03:02] way to go about it. [01:03:03] I guess I just want to respond a little bit to that comment. I fully understand the condition [01:03:08] of the wall and the priority. Part of the thought process in going through the prioritization [01:03:14] was you've already expended a lot of money at such as Sims Park and the Cody River Park [01:03:20] to not address those immediately. You potentially risk losing part of those CUL elements that [01:03:29] you've already put a lot of money into, so that's one of the concerns. [01:03:34] I might additionally add, Mr. Mayor, if you'll allow me, based on the direction that you're [01:03:38] providing to us this evening, the staff will work on a plan to implement these improvements [01:03:48] on an expanded capacity, and I'll also mention to you, since several of you have talked about [01:03:56] Jasmine Park in general, that we are going to be recommending to you in conjunction with [01:04:03] your upcoming fiscal year an appropriation of funds to be employed to implement improvements [01:04:10] at that park specifically. [01:04:11] Thank you, because if I could just comment on that. I don't think it's fair to say it's [01:04:15] underutilized. It's underutilized because it's neglected and it doesn't have a parking [01:04:19] lot. It's a neighborhood park that people drive to to fish. People in the neighborhood [01:04:23] go there on foot. They take their dogs there, they take their kids there, and it's a crappy [01:04:27] looking park, and we've neglected it for way too long, so I'm very, very glad you addressed [01:04:31] that. We need to fix the seawall. We need to make it look pretty. We put a trash can [01:04:34] out there that looked like something from Sesame Street the other day, and I got emails [01:04:38] on it the next day from people, from my neighbors, and then finally we put a trash can that we [01:04:43] would put in Sims Park, in the park, and it looks so much nicer. So it's been neglected, [01:04:48] and I agree with Mr. Bell-Thomas. I want to get all these fixed as quickly as possible [01:04:53] if we can find the funding, and still no one has backed me, but I still really, really, [01:04:58] really want a boat lift, or a police boat. [01:05:00] Councilman Davis? [01:05:02] Do we have to make that a separate issue? Can't you just go, can you please price out [01:05:07] a boat lift, like right away, and see what we have in leftover money or reserves or whatever? [01:05:12] So let's get that off the table and move it down the way, and it won't be an issue. And [01:05:17] I know I stepped all over Mr. Davis. I apologize, but to me, if it's that important, then let's [01:05:23] just price the daggum thing out, find the money for the end of the year, and get it [01:05:28] So I think that's a yes for me. [01:05:32] Councilman Davis? [01:05:35] These things are, staff has come to us with problems that we need to address, but they [01:05:42] also came to us with a budget, and I think they're addressing this budget-wise, and not [01:05:50] my neighborhood, or this particular park, or that particular park. It's a budget situation, [01:05:57] and I have respect for the staff and the way they looked at it, along with the consultants. [01:06:03] So I can see we have a lot of other things on the plate, like Mr. Phillips said, but [01:06:09] we also have a budget we have to live within. [01:06:13] Thank you. I may have missed something in the intervening 50 years, but I would not [01:06:21] be surprised if that wasn't the same seawall that I played on in the early 1960s that's [01:06:29] there today at the Jasmine Park. It doesn't look appreciably different than what was there [01:06:37] when the Meehan Estate consisted of the old bathhouse and the Junior Olympic Swimming [01:06:43] Pool, and none of those other houses were there. [01:06:48] Yeah, and we do have a capital expenditure budget. I know we're going to be working on [01:06:53] that. If it has to wait until 2021, so be it, but since we're looking at capital expenditures, [01:07:03] let's definitely look. And I will also concur if you guys can find a boat lift to put at [01:07:11] Simms Park that can fit within a budget, maybe from some seized asset funds or something [01:07:19] else. I know the Chief has all sorts of funding opportunities there. Let's see if we can't [01:07:26] do that, because that would make it a lot easier to get the police in and out of the [01:07:30] river. [01:07:30] We'll do so, Mr. Mayor. [01:07:32] Thank you. Do we need a formal approval of this, Ms. Vance? [01:07:35] Yes, Mr. Mayor. [01:07:37] In that case, I'd entertain a motion. [01:07:40] Move to approve. [01:07:40] Second. [01:07:41] A motion and a second to the maker. Anything further? [01:07:43] No, we've discussed the issues here. [01:07:46] Second. [01:07:47] I just want to clarify, are we talking about what we just looked at and or that boat ramp? [01:07:51] I mean, the boat launch. [01:07:53] Specifically accepting the report. [01:07:57] The report. [01:07:57] Okay, thank you. [01:07:58] Mr. Starkey? [01:07:59] No further comments, thank you. [01:08:01] Mr. Davis? [01:08:02] In that case, all those in favor, please signify by saying aye. [01:08:05] Aye. [01:08:06] Opposed, like sign. [01:08:08] Motion passes. [01:08:08] Next is the second amendment under the local agreement on school impact fees.

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10. 9.b

    Second Amended Interlocal Agreement - School Impact Fees

    approved

    Council approved the Second Amended Interlocal Agreement with Pasco County Schools regarding the imposition, calculation, collection, and expenditure of school impact fees on new residential development. The amendment reflects a 2017 impact fee study that recommended fee increases to address projected need for over 7,500 new student seats over 10 years. Discussion also touched on Gulf High/Middle School attendance zones and future improvements to Schwettman and Gulf Middle.

    • motion:Motion to approve the Second Amended Interlocal Agreement for school impact fees with Pasco County Schools. (passed)

    🏢Deer Park🏢Gulf High School🏢Gulf Middle School🏢Hudson High School🏢Pasco County Schools🏢River Ridge🏢Schwettman👤Councilman Davis👤Councilman Phillips👤Debbie Manz👤Jason Jones👤Ms. Vance👤Ray Gadd#10-year capital plan#2017 School Impact Fee Study#Penny for Pasco#Second Amended Interlocal Agreement - School Impact Fees#VA initiative

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    [01:08:12] Ms. Vance? [01:08:13] Sure. [01:08:13] To begin, I'd like to introduce Mr. Ray Gadd, who serves as the deputy superintendent on [01:08:17] behalf of Pasco Schools. [01:08:19] He is here this evening to respond to any questions that you may have in relationship [01:08:24] to this agenda item. [01:08:26] The agenda item specifically is for the imposition, calculation, collection, [01:08:33] administration, and expenditure of school impact fees imposed on new residential [01:08:38] development. [01:08:40] The city has been in a relationship with the school district since 2001 in respect [01:08:48] to the collection of school impact fees. [01:08:51] In 2005, the impact fees were updated and an amended, pardon me, an amended [01:08:59] intergovernmental agreement was effectuated. [01:09:04] In 2017, the school district conducted an impact fee study and identified a need over [01:09:12] the next five years and 10 years based on projected student growth in excess of 7,500 [01:09:21] student seats. [01:09:23] And to meet this need, the study recommended an increase in current impact fee to help [01:09:29] meet the projected need for new schools. [01:09:33] This second amendment before you this evening for your consideration affirms the cooperation [01:09:38] with the county in the collection of the school impact fees in accordance with school impact [01:09:44] fee regulations. [01:09:45] It is the staff's recommendation that you consider this request favorably. [01:09:51] Thank you. [01:09:52] Mr. Gadd? [01:09:58] Thank you for your consideration of approval of the amended interlocal agreement, and I'm [01:10:03] here to answer questions. [01:10:05] I did have a PowerPoint, but Debbie Manz pointed out that you had an aversion to long PowerPoints, [01:10:12] so I'm prepared to answer any questions that you might have. [01:10:16] Thank you. [01:10:17] A former director of public works started at about 10.30 one night with a 45-page PowerPoint. [01:10:23] I got that impression. [01:10:27] It's about the way stuff flowed, and I can tell you we were flowing pretty good that [01:10:33] night. [01:10:34] I also wanted to let Councilman Phillips know that we now have a great international baccalaureate [01:10:38] program at Gulf High School, and we can give him a refresh report on that. [01:10:45] That's a wagon nobody wants to pull uphill, I can tell you that, but that's good, so yes. [01:10:52] While you're here, Mr. Gadd, on a separate issue, it looks like Gulf High and Gulf Middle [01:10:55] School will be pulling students from different geographic areas, correct? [01:10:59] Correct. [01:11:00] Can you elaborate on what areas those are going to be? [01:11:04] Yeah, Gulf High in particular will be pulling some students, it'll be delayed one year, [01:11:10] but they'll be pulling some students from the neighborhood, and I don't know the specific [01:11:15] name of the neighborhood, but the neighborhood that surrounds Deer Park, and then Gulf Middle [01:11:21] School will also be taking some students from River Ridge that they formerly did not [01:11:30] take. [01:11:31] Thank you. [01:11:32] Do we have any public comment on this? [01:11:37] Seeing no one come forward, bring it back to Council. [01:11:39] Move for approval. [01:11:40] Second. [01:11:41] Motion seconded to the maker. [01:11:42] Mr. Gadd and I spent about 20 years in the neighborhood, he and I worked on the Penny [01:11:46] for Pasco together, and we also won the first county's impact fee committee that had to [01:11:53] deal with this back in the late, in the 90s and into the early 2000s, and it's obviously [01:11:59] a revenue stream that you need, obviously our schools are going to benefit in some way, [01:12:05] but really it's to make sure that you've got capacity balances throughout the entire district, [01:12:12] so you don't return to the days of Gulf High, and Hudson High, and 4515, and Double Sessions, [01:12:20] and like you were on the West, over in Wesley Chapel, and those areas recently where you're [01:12:25] having seven, eight periods, and when we were on the Penny for Pasco, the first one talking [01:12:32] about bringing a ton of portables into existing campuses to teach young adults when it rained [01:12:40] on them that they couldn't hear what was going on, so, you know, we want to be part [01:12:45] of the process, and part of helping this through, because I can't imagine that with our new [01:12:50] construction in the city, you know, residentially and stuff, we're going to be adding some dollars, [01:12:57] but we want to work along with everyone else like we have over the last 20 years. [01:13:02] We certainly appreciate the support, and I also want to take this opportunity to send [01:13:07] some kudos to your city manager. I've dealt with six municipalities and sent them various [01:13:13] interlocal agreements, and PowerPoints, and so forth, and of the six municipalities, it's [01:13:20] been obvious that your city manager reads what we send her, and in fact today corrected [01:13:25] a slide that was in my PowerPoint, so kudos to her. She really has been on top of the [01:13:35] material that I've sent her, so. Thank you. I appreciate your kind words, Mr. Gadd. We [01:13:39] don't get them very regularly at the top, you know. Councilman Davis, you were the second. [01:13:46] Deputy Mayor? No, nothing further. Thank you. In that case, all those in favor, please signify [01:13:52] by saying aye. Aye. Opposed, like sign. Thank you. Mr. Gadd, just one other question, not [01:13:58] on the impact side. Any thought to Shwetman? Is there any elements with, you know, because [01:14:09] we have Shwetman in the city of Newport, which obviously it's the former Gulf, the original [01:14:15] Gulf, one of the original Gulf high schools, and just trying to understand that dynamic, [01:14:21] and because we obviously have our SRO officers, those kind of things, but just want to get [01:14:26] an idea where the school board is as it deals with students from top to bottom. What I can [01:14:32] tell you about Shwetman is that I think the good news is, of course, that could always [01:14:37] change, but Shwetman is going to continue to be Shwetman. We don't have any plans to [01:14:42] shut it down, do anything to the building. We prioritize it in terms of maintenance. [01:14:48] Certainly we haven't set aside any money to do any major work there. It is an old building, [01:14:53] but we certainly try to keep it up and do a good job with it. The other schools in the [01:14:58] area are in our tenure. [01:15:00] plan. We have major renovation projects planned for Gulf High School in the 10-year plan. [01:15:07] And we did a little bit of work at Gulf Middle, but we don't think we did enough. And so just [01:15:11] today we were talking about the capital plan as it relates to Gulf Middle School. We think [01:15:17] Jason Jones, our principal there, is doing a great job in trying to make a difference [01:15:21] at that school. He's a heck of a principal, and so we want to provide him all the support [01:15:26] that we can. And so within the 10-year plan, we're trying to prioritize improving the [01:15:31] look and the quality of that school building. [01:15:36] One other possibility you might work with, Ms. Manson, take a look at the property along [01:15:42] the river, between your fence and the river, and extend our park that we have on the west [01:15:47] side to the east side of Grand? [01:15:49] Sure, it's a swimming property. [01:15:52] Sure. [01:15:53] Because you just fenced off and it's just growing. [01:15:56] We have that beautiful riverfront right there at Schwedman where the ball field is, and [01:15:59] it's just, we don't utilize the river. I mean, the kids at Schwedman could do some kind of [01:16:03] activity. I'm sure if there's some kind of boardwalk or something along the river. [01:16:06] Yeah, if you have something specific, we'd be happy to do that. [01:16:09] Because it's just, that's just fenced off to the river, you know, where it's going. [01:16:13] I had met earlier with Ms. Mans about when you were working on the VA initiative, and [01:16:18] we were working very cooperatively on some of the needs that you thought you might have [01:16:23] relative to needing some Gulf High property. So, we're always interested in doing that [01:16:29] and do it often related to surplus land and so forth. So, if there's something we can [01:16:35] do along the Schwedman property that helps you improve conditions in the city or make [01:16:39] it more available to your citizens, we'll be happy to do that. [01:16:42] Thank you very much. [01:16:43] Thanks.

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11. 9.c

    ↳You arrived here from a search for “Mrs. Feast” — transcript expanded below

    Approval of Assessment Rate Studies & Rates

    approved

    Council reviewed and approved updated five-year assessment rate studies for stormwater utility ($80/ERU, up from $77.36) and street lighting ($38.71/ERU, up from $36.24), prepared by Aries Associates. The new rates also extend assessments to undeveloped parcels (at 35% ratio for stormwater, 26% for street lighting). Assessment resolutions are scheduled for September with collection on October tax bills.

    • motion:Motion to approve the assessment rate studies and proposed rates of $80/ERU for stormwater and $38.71/ERU for street lighting, including assessment of undeveloped parcels. (passed)

    🏢Aries Associates👤Michael Stoffel👤Ms. Feist👤Ms. Mans👤Robert#Capital Improvement Plan#ERU#LED street lighting#MS-4 permit#Stormwater Utility Assessment#Street Lighting Assessment#dark spot survey

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    [01:16:44] Thanks for it. Thank you. [01:16:47] Next is Approvement of Assessment Rate Studies and Rates. Ms. Mans. [01:16:50] Thank you, Mr. Mayor. As you've indicated, the purpose of the agenda item is to review [01:16:59] the assessments for stormwater utilities and street lighting. The rate studies used to [01:17:06] support the current assessment rates were performed in 2012. They were good for a five-year [01:17:13] period of time. In that respect, the city staff engaged heirs and associates to perform [01:17:20] an updated rate study. I'm sorry, two rate studies. And Mrs. Feast will be representing [01:17:28] the agenda item to you this evening. [01:17:30] Good evening. The City Council is being asked to review and approve the final draft of the [01:17:39] assessment rate studies for the stormwater utility and street lighting assessment and [01:17:43] give city staff its consent to move forward with the assessment procedures for both assessments [01:17:50] at a proposed rate of $80 per ERU for stormwater utilities and $38.71 per ERU for street lighting. [01:18:02] Both of these rates are an increase from the previous assessment rate of $77.36 per ERU [01:18:10] and $36.24 per ERU, respectively. We have brought back representatives from Aries Associates [01:18:18] to do a final presentation on the rate studies conducted. If you remember, an initial presentation [01:18:23] was done on May 16th. At this time, I will invite Michael Stoffel to the podium for a [01:18:30] short but informative presentation on the changes from the initial draft that was presented [01:18:36] to you. [01:18:38] Thank you. Glad to be back this evening. I was going to say, in an effort to not be [01:18:47] like the previous public works director, I will keep it short. [01:18:53] You don't want to be number one? [01:18:56] No. So many of these slides you've seen, and I won't go through those in detail. I just [01:19:03] want to point out in this one, this kind of a history or a summary of stormwater in Florida, [01:19:10] I did add the section here about undeveloped properties. The question that had come up [01:19:15] at the council work session is to, are more people or fewer people charging undeveloped [01:19:21] property as part of their stormwater assessments? And you can see in 2011, 40% of the survey [01:19:29] respondents were charging undeveloped property, and now it's up to 45%. So there's an increase [01:19:37] in utilities that are charging undeveloped property. They're recognizing that it still [01:19:43] has an impact, it's still contributing to the system, it still provides runoff and nutrient [01:19:51] that needs to be handled through the system. So I think what you'll see, and you can see [01:19:56] in the last five years that that's been increasing, I think you'll continue to see that increase. [01:20:01] And as you look to include that in your assessment as part of this study, I think you're moving [01:20:09] in the same direction as many other utilities around the state. So you're not an island. [01:20:16] You have a river. Running through us. Remember the phrase. So again, this is the overview [01:20:25] of the existing. Initially started out at $40 back in 2001, $77.36 as Ms. Feist mentioned [01:20:35] in 2012, and then the rate proposed now based on the city's capital improvement plans of [01:20:44] $80. The average proposed capital improvement plan was about $440,000 of improvements, of [01:20:55] which roughly $340,000 would come from the utility, and the remaining would come from [01:21:03] additional outside funding sources. And one of the questions was, what is an MS-4 system? [01:21:13] It is a municipal separate storm sewer system. So instead of MSs, it's MS-4. So the five-year [01:21:24] pro forma budget based on the capital improvement plan in place, a lot of small numbers here, [01:21:32] but with that, let's go down at the bottom is roughly an average of $1.3 million in accessible [01:21:44] funds over a five-year period. With that, it's the general, the residential, the general, [01:21:53] and then deviating from the existing, including the undeveloped parcels. And at a rate of [01:22:00] roughly 35% of a developed parcel. And that is this chart here, which it presented at the [01:22:07] council work session, where an average of all the storms, roughly 35%, comes from the land [01:22:14] itself, and the remainder comes from the impervious area on the lands themselves. So that adds [01:22:21] roughly 2,800 ERUs to your assessment basis to divide all of those costs over. If to keep [01:22:30] the same budget, and if you didn't charge your undeveloped property, the overall assessment [01:22:36] would go much higher than that, because you have fewer parcels to divide that over. [01:22:42] And this is the five-year pro forma with the $80 average. So at $80, you can see the first [01:22:52] few years, you will collect in excess of what your costs are projected to be, but then you [01:22:59] start to collect less. So at the end of five years, your utility is going to be about 58,000 [01:23:05] in the hole, but you're still on the five-year average, right about par. If you didn't do [01:23:11] anything based on current, you'd be about 43,000 in the rears, where the general fund would be [01:23:19] supporting or subsidizing the utility. Questions, or would you like me to go right on to lighting? [01:23:28] Okay. So lighting, again, 2003, historic rates here of $26, and then in 12, $36. And previously [01:23:40] undeveloped parcels were not charged. Revenues are a reduction. Additional street lighting installations [01:23:49] kind of came out of the council work session. So the budget includes a number of additional locations [01:23:55] that Public Works has identified and are planning to implement in fiscal year 2018. So the dollars [01:24:03] you'll see in the budget, there's a spike initially for those installations, and then the electrical costs [01:24:11] to pay for the street lights over the average, but no additional installations after this initial, [01:24:20] I guess, addressing the identified areas. [01:24:28] That's the dark spot survey that you gave us recently, Robert? [01:24:31] Yes, sir. [01:24:32] Thank you. [01:24:34] So again, a lot of small numbers, but in the report itself, this chart is there, and the average assessment [01:24:44] for five years. Again, the residential, general, and in deviating from historic, including undeveloped [01:24:53] parcels, and that is at a 26% assessment ratio. So recognizing that the street lighting with security, [01:25:05] we broke that out over the assessed value of the property. So of all of the residential properties, [01:25:13] the land value is about 26% of the total assessment. The improvements are about 74%. [01:25:20] So prorating that back, a vacant piece of property would be assessed at a 26% ratio. [01:25:26] And again, this adds roughly 2,100 ERUs to spread those costs out. [01:25:35] So the 3871, the five-year average, looks like I'm going to need glasses one of these years. [01:25:47] 498,000 is the five-year average. And if you collect at that rate, you can see you start out the first three years [01:25:56] building a little bit over your cost, and then the last two years, you start falling in the rears. [01:26:02] So the five-year average ends up at the 200, so you're right there that way. [01:26:08] If you left it unchanged and based on the projected costs, you'd be about 160,000 in the rears [01:26:15] over that five-year period. So as you mentioned, five years seems to be the right time frame [01:26:23] to look at these as you set them, and as costs increase, you start falling behind pretty quickly. [01:26:31] So the project schedule, we had the council work session last month, the council presentation this evening, [01:26:39] and then the assessment resolutions would be passed in September with it appearing on the tax rolls [01:26:48] or the tax bills in October for collection. [01:26:54] Thank you. I'll open it up for public comment. Seeing no one come forward, bring it back to council. [01:27:01] Move for approval. [01:27:03] Second. [01:27:04] I have a motion and a second. [01:27:06] To the second. [01:27:08] Yeah, these accounts are really important because we showed back in 12 that we needed to balance these accounts [01:27:20] because as you've indicated, there would be a draw on our ad valorem. [01:27:25] And unfortunately, when they were drawing from the ad valorem because they hadn't stayed on pace [01:27:30] over that 10-year time period, it was at a time when our property values had plummeted [01:27:38] and there was a whole series of things happening, and we were taking ad valorem dollars for these services. [01:27:46] And two of the key items, one showing that we've improved stormwater so that we dissipate water [01:27:53] and try not to damage people's properties unless the acts of God come and we can't control those factors. [01:28:00] But over and above that was going to the LED lighting, but also the more lighting we have, [01:28:06] the more of a deterrent it is to help with the other elements of the policing and the community policing [01:28:13] and all those, and identifying the dark spots that are in our city still, even with the new LEDs. [01:28:22] To me, these are fees that we can show to the public. [01:28:26] They're having net benefits, and it's for overall protection. [01:28:30] And there was a little bit of an ad valorem reduction, but at the end of the day, [01:28:35] these are services that in five years, they're still on balance to not be taken away from the ad valorem side. [01:28:43] And then some other council will have to go through the exercise to find out what the new elements are [01:28:50] that are driving cost and safety and water control and all those things, [01:28:55] because especially with the stormwater, I'm imagining that some of the costs we're incurring [01:29:00] are trying to make sure that that water gets filtrated before it actually gets back into the aquifer, [01:29:05] and that's what's driven by your M4S permit notation, correct? [01:29:12] Correct. [01:29:13] So at the end of the day, as the mayor will say, this is one of the first things we did back in 12 [01:29:19] to kind of help us get out of our budget maze, and by doing that, [01:29:23] we were able to pay attention to the other items without this one pulling $200,000 off of the ad valorem side, [01:29:33] which was reduced. [01:29:35] So I strongly support this as good government in the City of New Port Richey. [01:29:41] Thank you. [01:29:42] Councilwoman? [01:29:43] Yeah, I think that we've been very forward-thinking on both the stormwater and the street lighting, [01:29:51] and I've had no complaints from constituents on either issue. [01:30:00] more aware of the dark spots that we do have in our city [01:30:03] and look forward to those getting done. [01:30:05] But I think this is a good thing and overall, [01:30:08] as I said, no complaints. [01:30:10] So, good. Thank you for your report. [01:30:12] Thank you, ma'am. [01:30:13] I agree with all of you. [01:30:14] Any points? [01:30:15] Guys have said it all. [01:30:17] There's no further discussion. [01:30:19] All those in favor, please signify by saying aye. [01:30:21] Aye. Opposed, like sign.

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12. 9.d

    Resolution 2017-20 - Imposing & Assessing Cost of Abatement and Removal of Unsafe Structure at 6829 Garden Drive

    approved

    Council adopted Resolution 2017-20 imposing a $4,281 lien on 6829 Garden Drive for the cost of demolishing an unsafe, fire-damaged mobile home. The property owner's request to delay action three months was rejected, and the motion passed unanimously.

    Ord. Resolution 2017-20

    • motion:Motion to approve Resolution 2017-20 imposing and assessing $4,281 cost of abatement as a lien on 6829 Garden Drive. (passed)

    📍6829 Garden Drive, Newport-Ritchie, Florida, 34652👤Ron Howarth#Resolution 2017-20

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    [01:30:24] It is about that time, so we're going to take a 10-minute break [01:30:27] and be back at 10 minutes till 840, rather. [01:30:34] Resolution 2017-20, imposing and assessing the cost of abatement [01:30:38] and removal of an unsafe structure [01:30:39] at 6829 Garden Drive. [01:30:42] This is Resolution 2017-20, a resolution of the City Council [01:30:45] of the City of New Port Richey, Pasco County, Florida, [01:30:47] setting forth findings of fact and imposing and assessing cost [01:30:50] of abatement and removal on real property located [01:30:53] at 6829 Garden Drive, New Port Richey, Florida, [01:30:55] 34652. [01:30:57] Mr. Mayor, the unsafe structure sustained extensive fire damage [01:31:04] in December of 2015. [01:31:07] The... [01:31:09] I'm sorry, in October of 2015, the city staff made a [01:31:14] recommendation to you in December of 2015 [01:31:18] to abate the nuisance and unsafe structure. [01:31:21] Subsequent to that, the property owner filed an appeal [01:31:26] with the circuit court. [01:31:28] The circuit court made a decision and denied the appeal, [01:31:32] and therefore, the mobile home was demolished [01:31:36] on May 5th of 2017. [01:31:40] The cost associated with the demolition is $4,281. [01:31:46] I received a communication today from Mr. Ron Howarth, [01:31:53] who serves as the property owner. [01:31:57] I made a copy for you, and it is at your place. [01:32:00] He is requesting that this matter be abated [01:32:05] for a three-month period of time until he returns [01:32:09] from a vacation out of state. [01:32:13] From the staff's perspective, it's not appropriate [01:32:15] to grant a three-month extension on this matter, [01:32:18] and we are recommending that you go forward [01:32:22] in handling this matter as a quasi-judicial proceedings [01:32:26] and impose the lien on the property. [01:32:32] Thank you. [01:32:35] Let the record show that the clerk has a copy [01:32:37] of the email from Mr. Howarth. [01:32:41] Do we have a formal reading that we need on this, [01:32:44] other than what you've already done? [01:32:46] I've read the title, yeah. [01:32:48] We don't need to be on that? [01:32:49] No. [01:32:50] If there, this is a quasi-judicial hearing. [01:32:54] If there's any substantially affected party [01:32:58] who would like to come forward. [01:33:01] Seeing none, if there's any member of the public [01:33:04] who would like to come forward to address the council [01:33:06] on this matter. [01:33:09] Seeing no one come forward, I'll bring it back to council. [01:33:12] Move for approval. [01:33:13] We have a motion. [01:33:16] Second. [01:33:17] And a second to the maker. [01:33:18] No, I think it's been delayed long enough. [01:33:20] To the second. [01:33:21] I just want to, Mayor, you didn't ask [01:33:24] if we'd had any outside ex parte. [01:33:27] Yes, please. [01:33:28] If you have had, please discuss. [01:33:29] I have not. [01:33:30] Okay. [01:33:31] I have not. [01:33:33] I have not. [01:33:35] I just can't see, you know, waiting until October. [01:33:38] We need to put this in place. [01:33:41] If he wants to appeal and he wants to come back [01:33:43] through the process and go through some of the other steps, [01:33:45] that's fine. [01:33:46] But it's been kind of a stop, delay, four-corner offense [01:33:56] in the old basketball day times, which doesn't exist anymore. [01:33:59] But, you know, this particular location was taken care of [01:34:06] and we need to move forward with this. [01:34:09] Thank you. [01:34:10] Councilwoman? [01:34:11] I was thinking that I was missing something. [01:34:14] I was thinking, okay, he's asking to wait until October for what? [01:34:19] We've already taken down the building. [01:34:21] He's been duly noticed. [01:34:22] And so I was unclear as to what he was wanting us to wait [01:34:27] until October to discuss it. [01:34:30] I think it's fairly obvious, you know, what we did and why we did it. [01:34:34] So I think that whatever he was wanting to discuss [01:34:38] could have been sufficient with a phone call [01:34:41] to speak to the city manager, the city attorney, whatever. [01:34:45] But if what we're looking to do is go ahead [01:34:48] and put the lien on this property, [01:34:50] and that was what he was asking us to wait until October, [01:34:52] I see no point to that at all, no delay at all. [01:34:55] I think this is adequate time. [01:34:57] It's six months or seven, eight months later. [01:35:00] So I'm good. [01:35:02] Deputy Mayor? [01:35:03] I agree. [01:35:04] This isn't anything new. [01:35:05] I mean, he's appealed, right, and it was denied. [01:35:06] That's correct. [01:35:07] Everyone knows who this guy is. [01:35:08] Everyone knows the property. [01:35:10] There's no reason to wait. [01:35:12] I see no reason to wait. [01:35:13] If there's no further discussion, all those in favor, please signify by saying aye. [01:35:17] Aye. [01:35:18] Opposed, like sign.

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13. 9.e

    Request to Contribute and Participate in Crime Stoppers of Tampa Bay Gun Bounty Program

    approved

    The Chief of Police requested authorization to contribute $2,000 from abandoned property funds to Crime Stoppers of Tampa Bay's Gun Bounty Program, which pays $1,000 tips to those whose information leads to firearm recovery and arrest. Council moved for approval with no fiscal impact to the department's budget.

    • motion:Motion to approve contribution of $2,000 to Crime Stoppers of Tampa Bay Gun Bounty Program using abandoned property funds. (passed)

    🏢Crime Stoppers of Tampa Bay👤Jim👤Ms. Maker#Crime Stoppers of Tampa Bay#Gun Bounty Program

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    [01:35:19] Motion passes. [01:35:20] Request to contribute and participate in Crime Stoppers of Tampa Bay [01:35:23] gun bounty program. [01:35:25] This agenda item has been advanced to you by the chief of police. [01:35:30] He is requesting that the department contribute $2,000 to Crime Stoppers of Tampa Bay [01:35:36] in relationship to their gun bounty program, [01:35:40] and I'm hopeful the chief will tell you a little bit about the program. [01:35:49] This program is in place already down in Hillsborough County in the Tampa Bay area. [01:35:55] It's in Tampa, Miami, Jacksonville, St. Petersburg, and other cities around the country, [01:36:01] and the way it works is the law enforcement agencies have contributed either through forfeiture funds [01:36:07] or other funds that they have available to them to the Crime Stoppers, [01:36:15] and then Crime Stoppers has an incredible network that they get information out regarding criminal activity [01:36:24] and we have a partnership with them that has been very fruitful. [01:36:31] This particular program is not a gun buyback program. [01:36:36] It's one where if someone reports to the police something that happens that involved a firearm [01:36:46] and that the police are able to recover the firearm and make an arrest, [01:36:51] that the person who made that tip would receive $1,000, [01:36:56] and all of the other agencies in our area have already contributed to this program, various dollar figures. [01:37:05] This has been successful down in the Tampa area, [01:37:09] and the sheriff's office is trying to get the same thing in partnership with the police departments [01:37:16] as well as with the Crime Stoppers of Tampa Bay. [01:37:20] So I'm simply asking that you allow me to take some funds from, [01:37:26] it's not going to affect my budget because I would be using abandoned property, [01:37:31] monies that are available to me, and so there's no direct fiscal impact to my department's budget. [01:37:39] Thank you. [01:37:40] Open it up for public comment. [01:37:42] Seeing no one come forward, bring it back to council. [01:37:44] Move for approval. [01:37:45] I'll second that, and I have a question for Jim. [01:37:47] Ms. Maker. [01:37:48] No, nothing. [01:37:49] I just have a question. [01:37:50] So is Crime Stoppers of Tampa Bay, I know that we're not Tampa Bay, but does it operate here? [01:37:56] Is there a number that people can call? [01:37:58] Are they advertised someplace? [01:37:59] Yes, it would all be advertised. [01:38:01] We actually have a kiosk in the lobby of our police department that's been supplied by Crime Stoppers of Tampa Bay, [01:38:08] and that kiosk, you know how they work. [01:38:10] They scroll through information, suspects, criminal activity that's occurred, [01:38:14] and we routinely use that organization, and their numbers are readily available.

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14. 9.f

    Ratification of the Police Union Contract

    discussed

    Council considered ratification of a labor agreement between the City of New Port Richey and the West Central Florida Benevolent Association (formerly PBA) covering October 1, 2015 through September 30, 2018. The agreement includes wage adjustments for field training officers and traffic homicide investigators, a one-time 3% lump sum for top-step career ladder members, COLA, and pension changes, with a total financial impact of $59,286 funded from reserves contingency.

    🏢West Central Florida Benevolent Association👤Ms. Manns#Career Ladder Plan#Chapter 185 premium tax funds#Police Retirement Pension Fund#Police Union Contract Ratification

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    [01:38:22] Good. [01:38:23] Well, and thank you for explaining that situation about it not being a gun buyback program. [01:38:27] When I first saw that, I thought, oh, okay, thank you. [01:38:30] So this essentially is funding the cash reward for at least two call-in tips. [01:38:35] Yep. [01:38:36] We get a gun, the suspect, and we make an arrest, and it has to lead to an arrest. [01:38:43] Right. [01:38:44] Okay. [01:38:45] Thank you. [01:38:46] Deputy Mayor. [01:38:47] No, it's a great program that we implement. [01:38:49] Councilman Phillips. [01:38:52] Thank you. [01:38:53] If there's no further discussion, all those in favor, please signify by saying aye. [01:38:56] Aye. [01:38:57] Opposed, the like sign. [01:38:58] Motion passes. [01:38:59] Next, ratification of police union contract. [01:39:01] Ms. Manns. [01:39:02] Yes, sir, Mr. Mayor. [01:39:04] The agenda item in front of you is related to a proposed agreement [01:39:10] between the City of New Port Richey and the West Central Florida Benevolent Association, [01:39:17] formerly referred to as PBA. [01:39:21] The city and the police officers have been without a formal labor agreement since September 30th of 2015. [01:39:33] This matter has been discussed with you in shade session on three occasions. [01:39:41] The proposed term of the agreement before you this evening is October 1st, 2015, through September 30th, 2018. [01:39:52] In regard to the discussions we have had relating to this matter, [01:39:58] the city's negotiating team entered into a tentative agreement with PBA on May 5th, 2017. [01:40:09] In large part, the changes in the agreement related to wages and to pensions, [01:40:20] I've outlined to you in my communication that you received last week, [01:40:26] the wage adjustments. [01:40:29] In short, there's a wage adjustment for a field training officer and a traffic homicide investigator. [01:40:36] If you determine that it's appropriate to vote in favor of the proposed agreement and therefore ratify the agreement, [01:40:44] those members in the career ladder plan who have reached their top step [01:40:53] will receive a one-time lump sum payment equal to 3% of their pay. [01:41:00] Those members in the career ladder plan that have not been moved subject to the negotiation process [01:41:10] will be placed in step commensurate with their tenure to the department. [01:41:19] All members of the bargaining unit will receive a cost-of-living adjustment for the upcoming fiscal year [01:41:29] if you determine that it's appropriate to extend one to non-union members of the city staff. [01:41:39] In relationship to pension, I have outlined for you in the communication the benefit structure [01:41:47] and the terms by which we are asking for your consideration. [01:41:54] It's additionally appropriate for me to note that all accumulated Chapter 185 premium tax funds, [01:42:04] which are held in reserve as of the effective date of the labor agreement, [01:42:10] will be used to reduce the city's annual contribution to the Police Retirement Pension Fund. [01:42:17] As a concession also to the city, the union agreed that all future excess Chapter 185 premium tax monies [01:42:26] will be applied to reduce the city's annual required contribution to the Police Retirement Pension System. [01:42:35] All of the changes that are being proposed for wages and pensions in relationship to this contract [01:42:45] aggregate into a financial impact of $59,286. [01:42:53] The funding to support this expenditure is available in the reserve's contingency account. [01:42:59] With that, I'm prepared to respond to any specific questions that you may have of me. [01:43:04] In so doing, I am recommending that you consider approval of the contract. [01:43:10] Thank you. I'll open it up for public comment. [01:43:13] Seeing no one come forward, bring it back to Council.

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15. 9.g

    Two Year Contract Extension with American Traffic Solutions for the City's Intersection Safety Program

    approved

    Council discussed and approved a two-year contract extension with American Traffic Solutions for the city's intersection safety (red light camera) program at five intersections, at $4,250 per camera per month with a $3,000 annual contribution to the city's traffic safety awareness campaign. The Police Chief presented public safety data supporting continuation, and the City Attorney reviewed pending Florida Supreme Court litigation (Aventura/Oldsmar/Hollywood cases) affecting the program's legality.

    • motion:Approve a two-year contract extension with American Traffic Solutions for the city's intersection safety program at $4,250 per camera per month with a $3,000 annual contribution to the city's traffic safety awareness campaign. (none)

    📍US-19 at Main Street🏢American Traffic Solutions, Inc.🏢Florida Department of Transportation🏢Insurance Institute for Highway Safety / Highway Loss Data Institute👤Councilman Phillips👤David Mast👤Debbie Manns#2018 Florida DOT highway safety matrix#City of Aventura case (Third DCA)#City of Hollywood red light camera case (Fourth DCA)#City of Oldsmar case (Second DCA)#Florida Supreme Court certified questions of great public importance#Halo effect#Intersection Safety Program#Mark Wandall Act

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    [01:43:16] Move for approval. [01:43:18] Second. [01:43:19] I have a motion and a second. To the Mayor? [01:43:21] No, I've been looking forward to this day. [01:43:24] To the second. [01:43:25] I just thank you to the hard work, I'm sure, that went into this on everyone's behalf. [01:43:31] And this is bringing us to October of 2018. [01:43:37] So when do we start doing this all over again? [01:43:39] How soon does that have to go? [01:43:42] Well, with regret, I report to you that it will be in the near future that we'll start again to renegotiate the contract. [01:43:52] Although we've established what I consider to be a very good relationship of mutual benefit with the union bargaining team. [01:44:05] And my expectation is, as a result of that, that the negotiations will not span as long of a period of time as they have for the current contract. [01:44:15] Thank you. [01:44:16] Councilman Phillips. [01:44:19] With the approval of this, and as we move forward and you have to begin the process at some point, [01:44:29] can you define the creation of this defined contribution plan? [01:44:39] It's the third bullet point on page two. [01:44:42] I just want to make sure that I understand where this is going from here into the next. [01:44:47] And just as a housekeeping issue, if you would provide to us, obviously we are going to fund this. [01:45:00] step elements of this agreement with the contingency budget item. [01:45:05] Could you kind of let us know how much money is still left [01:45:07] in that contingency budget item? [01:45:10] Because I made a point of talking [01:45:13] about that during last year's budget. [01:45:16] And it remained in the budget. [01:45:20] There were other things that we needed to do. [01:45:22] And the size of that contingency budget item was [01:45:27] of concern to me then. [01:45:29] It's a concern of mine now. [01:45:31] And it will be a concern of mine moving forward [01:45:34] to have that large of a contingency in a budget [01:45:37] that we ought to do a better job of identifying [01:45:39] costs on a regular basis. [01:45:42] Thank you. [01:45:42] Deputy Mayor. [01:45:47] I'm glad we finally got it done. [01:45:49] If there's no further discussion, all those in favor, [01:45:52] please signify by saying aye. [01:45:53] Aye. [01:45:54] Opposed, like sign. [01:45:55] Motion passes. [01:45:56] Next is a two-year contract extension [01:45:59] of American Traffic Solutions. [01:46:01] Ms. Manns. [01:46:02] Yes, sir. [01:46:03] Mr. Mayor, this agenda item has been advanced to you [01:46:08] in relationship to our intersection safety program. [01:46:11] The specific recommendation before you this evening [01:46:15] is to approve a two-year contract extension [01:46:18] with our current provider, American Traffic Solutions [01:46:21] Incorporated. [01:46:23] And I'm sorry, for a two-year period of time [01:46:27] at the cost of $4,250 per camera with an annual contribution [01:46:36] of $3,000 to the city's safety awareness campaign. [01:46:42] As you are aware, there are currently [01:46:45] five intersections in the city where cameras are in place. [01:46:51] This is a very multifaceted agenda item. [01:46:56] I think there's a legal perspective, [01:46:58] and our city attorney is prepared to address that, [01:47:01] as well as the most important, which is public safety. [01:47:07] And I'm going to turn it over to the chief [01:47:09] so that he can address some of those matters. [01:47:12] And at the conclusion of their comments, [01:47:16] I'll be prepared to address some of the other matters. [01:47:20] I'm happy to respond to any specific questions [01:47:22] that you have. [01:47:23] And before going any further, I'd [01:47:25] like to introduce Mr. David Mast, who is in attendance [01:47:28] and is the person that we work with through American Traffic [01:47:33] Solutions on issues related to the administration [01:47:38] of the program. [01:47:40] Chief, can I turn it over to you first? [01:47:42] Yes, ma'am. [01:47:46] When approaching the evaluation of the effectiveness [01:47:50] of the, well, we'll call it the intersection safety [01:47:55] program, the red light camera program, if you will, [01:47:59] I looked at a lot of different factors [01:48:04] and offered those up to you in the form of a memorandum, [01:48:07] along with some charts and my comments. [01:48:10] And rather than to do a PowerPoint that I think [01:48:13] that would just confuse everybody [01:48:15] and drag on this discussion, I've [01:48:19] identified key points that I'd like [01:48:21] to speak about that are also mentioned in that memorandum, [01:48:27] along with some additional comments. [01:48:31] One of the things I'd like to say up front [01:48:33] is that I'm asking you to be mindful [01:48:35] that there are experts out there that [01:48:38] have done a number of studies. [01:48:41] And I've done a lot of homework on the internet [01:48:44] and searching out these studies to help form some opinions [01:48:50] regarding the use of red light cameras. [01:48:53] And one of those that I want to mention [01:48:56] is that recent studies conducted by the Insurance [01:49:00] Institute for Highway Safety, Highway Loss Data Institute, [01:49:06] which is an independent, not-for-profit scientific [01:49:08] and educational organization, has [01:49:12] reported that turning off red light cameras [01:49:14] experienced 30% more fatal red light running [01:49:17] crashes per capita and 16% more fatal crashes [01:49:22] of all types per capita at signalized intersection. [01:49:26] And this study specifically focused [01:49:29] on examining the effects of ending red light camera [01:49:33] programs. [01:49:35] And I'd like you to keep in mind, too, [01:49:40] and this one I'm going to ad lib just a little bit, [01:49:42] these violations occur. [01:49:46] Whether an officer is standing there and witnessing them [01:49:49] or we have them on video, the violations occur [01:49:52] and they do contribute to these crashes. [01:49:57] It's important to recognize that it's [01:49:59] difficult and dangerous to stop a red light runner [01:50:02] for the police, especially on such a busy highway as US-19. [01:50:08] The average, and this was interesting to me, [01:50:11] I wanted to know how many cars actually [01:50:12] are running out at US-19. [01:50:15] And the annual average daily traffic count for US-19 [01:50:20] at Main Street in 2016 was 54,500 vehicles [01:50:26] that are passing through that intersection northbound [01:50:28] and southbound. [01:50:30] So in order for an officer to stop a red light runner [01:50:33] out there, they have to follow the vehicle [01:50:35] through the red light. [01:50:37] And that endangers themselves, as well as [01:50:39] their other motorists and pedestrians. [01:50:42] And that is also supported by studies. [01:50:48] I think one of the things that bothered me the most [01:50:50] when I did this research was it was brought to my attention [01:50:56] by actually someone from the Florida Department [01:50:58] of Transportation about a 2018 highway safety matrix [01:51:04] that the DOT had prepared. [01:51:06] It was a ranking of Florida cities. [01:51:10] They have them for different tiers. [01:51:12] And they ranked 100 Florida cities [01:51:16] having populations between 15,000 and 74,999. [01:51:26] And keep in mind, we are at the low number of these numbers. [01:51:30] We may have, I think, 18,000 residents. [01:51:33] I mean, that number kind of bounces around a little bit. [01:51:35] And this chart is from 18,000 to 75,000 populations. [01:51:44] We ranked in the highest 25% in nine categories [01:51:50] that are based on total actual serious injuries and fatalities [01:51:54] from the period of 2011 to 2015. [01:51:59] Of the nine categories, I only picked out [01:52:01] a few to highlight because the numbers were so high. [01:52:05] Of the nine categories, New Port Richey [01:52:07] ranks fourth highest with drivers [01:52:10] involved in these crashes that are 65 and over, [01:52:14] ninth highest with teen drivers, 11th highest [01:52:18] in serious injuries or fatalities, [01:52:20] and in pedestrian or bicycle-related crashes, [01:52:23] and 12th highest in motorcycle-related crashes. [01:52:27] And I provided you with that matrix in its entirety. [01:52:30] And you'll see that we're at the bottom left, [01:52:34] all the way down at the bottom. [01:52:35] And you can see the other cities. [01:52:37] And there are some pretty big cities [01:52:39] that they compared us to. [01:52:43] I created another table that tried [01:52:47] to look at what was happening with Pasco County as a whole, [01:52:50] as well as what was happening in New Port Richey, [01:52:53] and then what was happening at crashes that occurred on US-19 [01:52:58] at intersecting streets. [01:52:59] Now keep in mind, the Department of Transportation [01:53:01] went out and totally restructured our piece of US-19 [01:53:05] from the South Line to the, in fact, [01:53:08] they did outside of our city limits, [01:53:10] but you remember all that construction that was going on. [01:53:14] It made it hard to really look at, [01:53:16] were the red light cameras effective or were they not? [01:53:19] Or is some of the data that I'm gonna mention here now, [01:53:22] can it be because the road was redesigned? [01:53:25] There's different turning points, [01:53:27] different intersections are not meeting US-19 [01:53:29] in the same fashion as they were before, [01:53:32] and the turning lanes and the other things [01:53:33] that we've mentioned before. [01:53:35] But what I found is overall county-wide, [01:53:41] total crashes increased at a very steady rate, [01:53:45] but the population in our county has continued to rise too. [01:53:52] But these crashes increased [01:53:54] much more dramatically city-wide. [01:53:57] The total of crashes beginning in 2011, [01:54:01] well, in 2011, there were 455 total crashes in our city, [01:54:06] in our city limits. [01:54:08] In 2016, and this is a steady growth, [01:54:12] in 2016, we had 575, and I think if you do the math, [01:54:16] you'll find that's about 120 more crashes [01:54:19] in the city overall. [01:54:22] The total injuries from those crashes [01:54:26] went from 119 for the same period up to 223. [01:54:31] That's a significant jump as well. [01:54:34] Unfortunately, this last year, [01:54:35] I have a column in that chart [01:54:36] that shows that the fatalities, [01:54:38] this last year, we had eight traffic fatalities [01:54:42] within the city limits. [01:54:43] Does that include pedestrians? [01:54:44] I'm sorry? [01:54:45] Yes, it does. [01:54:46] It does, okay. [01:54:47] Yes, these are not intersection-related fatalities. [01:54:49] These are just simply fatalities [01:54:51] that happened in our city. [01:54:53] I don't want to just talk to you [01:54:55] about red light cameras at intersections on 19. [01:54:58] I'm talking about our traffic issues totally, [01:55:02] and what we do out on 19 affects [01:55:04] what happens in the rest of our city [01:55:06] because of another phenomenon called a halo effect. [01:55:12] The crashes on 19 in that same period of time, [01:55:16] and this is what's interesting, [01:55:17] they remained almost static. [01:55:21] From the period of 2011 to 2016, [01:55:25] very little difference in the total number of crashes. [01:55:28] So with that, I'm saying that's a potential indicator [01:55:33] that motorists are aware that they are on camera [01:55:36] and drive more responsibly out on 19. [01:55:45] Now whether or not motorists learn their lesson [01:55:49] when they get a red light camera ticket [01:55:51] is the next point that I'd like to make, [01:55:53] is that, and that's called recidivism. [01:55:58] I think it's interesting that the six years [01:56:00] that the cameras have been in place, [01:56:02] the recidivism rate overall has remained at a constant 10%. [01:56:08] It was 10% when I spoke to you before [01:56:10] when we added an additional period of time [01:56:14] to this agreement, and it's remained the same. [01:56:18] I wanted to look bigger than that and say, [01:56:21] okay, well what's happening is that that's all the drivers, [01:56:26] that's the people that come from Hernando County, [01:56:28] who come up from Pinellas County [01:56:29] and drive up and down 19 as well, [01:56:31] but I want to see what was happening here [01:56:34] with our residents in the city, [01:56:36] or the people that have, [01:56:38] and this is what's interesting too, [01:56:39] there's New Port Richey zip code, [01:56:41] there's the city limits, [01:56:42] and then there's New Port Richey zip codes. [01:56:47] I wanted to know for this area that we service, [01:56:53] I live out in the county, [01:56:54] but I have a New Port Richey address. [01:56:58] All the way out 54 until you get to Odessa [01:57:03] is, and maybe some areas of Trinity, [01:57:06] that's considered New Port Richey. [01:57:09] You can go all the way up to 52, [01:57:12] and that's considered New Port Richey. [01:57:15] People that live out in Moon Lake Road, [01:57:17] all the way out Moon Lake Road and out there, [01:57:20] they've got New Port Richey zip codes. [01:57:24] So that's the region that I looked at. [01:57:26] It included our city and that region. [01:57:29] All these people that drive through our city, [01:57:32] and in that six year period of time, [01:57:35] only 15.7% received a second citation. [01:57:40] That's a lot of people, and a lot of, [01:57:44] I think that that helps also to show [01:57:47] that there's a positive change in driver behavior, [01:57:49] and they pay attention to stop on red. [01:57:51] And I can assure you that those same violators [01:57:54] that committed the first violence [01:57:55] committed one violation of which there were many. [01:57:58] They never got another ticket. [01:58:01] Then I did a comparison of US-19 [01:58:04] and intersecting street vehicle crashes. [01:58:08] It was tough to figure this one out [01:58:10] because we had no cameras. [01:58:14] Then we had, so we have data from that period of time. [01:58:17] Then as soon as we get the cameras, [01:58:20] DOT tears up US-19, [01:58:22] and we dealt with that pretty much for years. [01:58:25] So I couldn't get a lot of solid data. [01:58:33] But what I did continue to look at [01:58:35] is how many crashes are involved with intersecting streets. [01:58:40] What I found out, and that the table shows, [01:58:43] and I physically looked these up. [01:58:45] I read every one of these incident reports, [01:58:48] every one of these crash reports, [01:58:49] and made a determination that it was affected by US-19. [01:58:55] That street, there was something that had to do [01:58:56] with that intersecting street creating part of the issue. [01:59:00] People slowing down because they were gonna make a turn, [01:59:02] or they blew through a stop sign at those intersections. [01:59:06] And it showed that crashes were significantly less [01:59:12] in 2015 than they were in 2010. [01:59:17] It rose slightly in 2016, [01:59:21] but it was still significantly less [01:59:24] than the number of crashes in 2010. [01:59:26] So we're having fewer crashes on 19. [01:59:30] I don't know whether it's the red light cameras, [01:59:32] or it's the redesign of the highway. [01:59:37] I don't know what it is, [01:59:37] but I think it's important to know that, [01:59:39] and to at least know that I looked at that, too, [01:59:42] when making these recommendations. [01:59:48] I included the table that showed the number, [01:59:51] and you've seen this before. [01:59:52] This was the thing that showed the notices of violation [01:59:55] issued over time since the first day [01:59:57] we turned on the cameras, right up until. [02:00:00] April, the end of April of 2017, and I think those numbers speak for themselves, we continue [02:00:11] to have a significant number of violations out of those major intersections. [02:00:17] And I do feel it's important to mention that having red light cameras, what it does for [02:00:22] us as an ancillary benefit to the police department, is that American Traffic Solutions provides [02:00:29] us with video recordings upon request. [02:00:32] And our police department has used that to our benefit over the last six years. [02:00:38] We have requested video recordings 180 times to assist with homicide investigations, shootings, [02:00:45] robberies, burglaries, carjackings, and hit and run vehicle crashes. [02:00:49] Without the cameras, we would have not had that video evidence. [02:00:56] Debbie's already mentioned that in this renewal that American Traffic Solutions will honor [02:01:03] their $4,250 fee per camera per month for this term. [02:01:11] And at our request, they will contribute $3,000 a year that we can devote toward the city's [02:01:20] traffic safety awareness campaign, of which I can tell you we don't do enough with that. [02:01:27] And there's more that we can do, and this contribution will certainly help toward that. [02:01:33] But it's my strong recommendation to you, based on the fact that we continue to have [02:01:37] so many violations, and I do not have the law enforcement officers to bird dog those [02:01:42] intersections to write citations for those violations that have occurred and that will [02:01:50] continue to occur. [02:01:51] I'm recommending you consider keeping the five cameras that we have in place. [02:01:58] In spite of the public safety benefits as presented by the police chief, I want to recognize [02:02:07] and publicly state as part of this discussion that it's not a popular program. [02:02:14] And our discussion would not be complete without addressing that. [02:02:20] The consequence to a violation is a ticket. [02:02:23] The penalty associated with the ticket is a fine. [02:02:28] In our case, the fine is $158. [02:02:33] That's tough for people to accept, but it... [02:02:40] May I interject something? [02:02:41] I think this is really important, too. [02:02:45] I think you rarely see me be quite as passionate or forceful in trying to make a presentation, [02:02:51] but keep in mind that the few people that contest one of these notices of violation... [02:02:57] Now, remember, I've said before, and I made a joke out of it, I've never had somebody [02:03:00] thank me for a ticket, unless they were doing 100 miles an hour and I wrote them for 75. [02:03:05] Then they might have appreciated it. [02:03:06] But no one thanks you for this. [02:03:10] Someone who appeals or takes before the magistrate a red light camera violation, that magistrate [02:03:16] sits right there, that video is played, and everybody gets to see that violation occur. [02:03:24] And then that person who received the notice, they get a chance to present their case. [02:03:29] And you'll hear the darndest excuses, well, it was raining outside, so yeah, I was tailgating [02:03:35] another vehicle and I didn't want to slide my trailer through the intersection. [02:03:39] They're driving too fast for conditions, or they're just blowing the lights. [02:03:44] And the magistrate hears their testimony, and of course our red light camera person, [02:03:48] they present their case first, and then the other person has their opportunity to respond [02:03:52] and to ask questions. [02:03:56] The conviction rate is like 95% or better, after the magistrate gets to see everything [02:04:02] that happened. [02:04:04] So these violations are absolutely occurring. [02:04:07] And they're reviewed by a trained person that views the videos. [02:04:13] I just want to make that point clear, that they're all reviewed, and it ends up to where [02:04:16] we have a high, high conviction rate. [02:04:19] Thank you, Chief. [02:04:20] Sorry. [02:04:21] With that being said, I'd like to ask the city attorney to address the legal perspective [02:04:28] of this matter, based on the fact that there has been lots of discussion at the state level [02:04:35] in relationship to the program, and there has been much action in terms of recent litigation. [02:04:44] And I'd just like to add to the discussion of the penalty phase, because as you may know, [02:04:49] in this program, the violator is given what's called a civil infraction penalty, and they [02:04:55] pay the $158, which is a state-mandated fee that's part of the Mark Wendell Act. [02:05:02] If a police officer sees that same violation, and they also don't get any points on their [02:05:06] license, but if a police officer sees that same violation, and were to issue a uniform [02:05:11] traffic citation, the penalty is far higher, I think it's about $262, I think it is, and [02:05:17] they automatically will get points on their license, unless they take driver's school [02:05:20] or find some other way to get those points taken off. [02:05:23] So it's a little bit different in the penalty phase. [02:05:26] So that's something you ought to know, if you weren't aware of that. [02:05:29] As far as the current state of the litigation, as you may recall, some time ago, several [02:05:35] years ago now, the city of Hollywood had a case in which their red light camera program [02:05:40] was struck down by the court in the Fourth District Court of Appeal down there. [02:05:46] And since that time, that's caused a lot of litigation and a lot of stirring among cities [02:05:51] with respect to this particular issue. [02:05:54] Recently, several months ago, we got two decisions that were favorable to cities. [02:05:59] One was out of the Third District in the city of Aventura case, and the other was in the [02:06:03] Second District, which is more important to us, out of the city of Oldsmar. [02:06:07] And in both of those cases, the courts found that the program was legal, they disagreed [02:06:12] with the Hollywood court, and found that there was conflict with the Hollywood court. [02:06:19] And both courts certified questions of great public importance. [02:06:27] As of the decision in the Oldsmar case, the law in this city has been that these programs [02:06:33] are legal and that our program is legal. [02:06:36] The Supreme Court was asked to take this up, and they will whenever there's a certified [02:06:41] conflict. [02:06:42] Both courts certified a conflict, and both courts certified questions of great public [02:06:46] importance. [02:06:49] Significantly, the Supreme Court did not take this case on the basis of the certification [02:06:55] of conflict. [02:06:56] In other words, they didn't find that the Aventura case and the Oldsmar case conflicted [02:07:00] with the Hollywood case. [02:07:02] And that's, I think, because most people that have read these cases realize the Hollywood [02:07:07] case was just a bad case. [02:07:08] It was based on bad facts, and there was insufficient evidence in the record to support the program. [02:07:14] That's not the case in the Aventura case and in the Oldsmar case. [02:07:18] So they took it on the basis of addressing these questions of certified great public [02:07:25] importance. [02:07:26] And I gave you a memo on that, and I've actually provided the three questions that were certified [02:07:31] to the court, which the Supreme Court has now accepted jurisdiction and will review. [02:07:37] That case is in the briefing stage. [02:07:39] And of course, since the Supreme Court has it, that does mean that the court can overrule [02:07:45] the city of Aventura. [02:07:47] And if they do that, then they will probably, in turn, be overruling the city of Oldsmar [02:07:51] case. [02:07:52] So that's something you need to know. [02:07:55] My feeling is, and of course no one can predict it, but my feeling is that they will uphold [02:08:00] the Aventura and Oldsmar cases, and that will become the law of the state of Florida as [02:08:05] certified by our highest court. [02:08:08] Of course, there's no guarantee of that, and if they find that against the city of Aventura, [02:08:14] and that does have the effect of wiping out the Oldsmar case, then perhaps our camera [02:08:19] program will be deemed illegal. [02:08:22] But I don't think that's going to happen. [02:08:24] I think that the arguments in those courts were well-reasoned. [02:08:28] I think those were very sound opinions. [02:08:30] I think the Hollywood case was just a bad case. [02:08:33] And the Attorney General's Office is very much involved in this process and in handling [02:08:38] these appeals. [02:08:40] So with that, I'd be glad to answer any questions that might be a little bit more than you really [02:08:43] wanted to know about this subject. [02:08:46] But that's really where it's at right now. [02:08:49] Thank you. [02:08:50] Before we get to any questions from Council, I'll open it up for public comment. [02:08:55] Seeing no one come forward, I will bring it back to Council. [02:09:00] Mr. Driscoll, if they do find that those two cases are illegal, what's the fallout? [02:09:14] Will they have reciprocity to go back a few years and say you have to refund money? [02:09:19] Is there a position by where you could be that we'd have to do an accounting? [02:09:25] I'm trying to understand, if there is a judgment, what the worst case is in having to defend [02:09:36] those cases and the money we collected. [02:09:40] Is there a financial situation where we could become liable for a pot of money that we've [02:09:47] taken in, and would there have to be a civil action suit to collect the money? [02:09:54] What are the steps? [02:09:55] Because I'm looking at, everybody says it's fine, everybody wants to go down the road [02:10:02] it's on. [02:10:03] I do know some cities that have purposely taken that revenue stream and placed it outside [02:10:12] of their annual budget programs, so it isn't something that's commingled or the dollars [02:10:19] aren't in those budgets, so that if and when the state did something, or if there was an [02:10:27] adverse judgment, it wouldn't be a big hit, I guess you would say, on revenue stream. [02:10:35] Is there a downside for some reason? [02:10:38] The courts have made some pretty interesting, bizarre, and in this litigious society, you [02:10:48] can get sued quite often. [02:10:50] I'm just trying to understand what potential downside there might be, maybe not this year, [02:10:56] but if it happens, if something went adverse, is there an insight? [02:11:01] There is, there's definitely potential exposure that there could be claims to try to recruit [02:11:06] some of these infraction monies, but you're operating right now under a state of the law [02:11:12] that protects the system that's in place. [02:11:17] Taking that next leap, if these cameras are determined that we've improperly delegated [02:11:24] some police power to this private company, and therefore, that creates some sense that [02:11:30] these are not proper infractions, that they should be refunded, that's another whole leap [02:11:36] that has to be made in a civil suit, and so there's defenses to that as well. [02:11:44] It's quite a ways down the road to get from, if the Supreme Court comes back and says, [02:11:49] you know what, you can't delegate this power to this private company, we think that Hollywood [02:11:53] got it right, for instance, then to take that next step and say, okay, now you've got [02:12:00] to refund all that money, that's a whole other avenue. [02:12:04] Is it possible? [02:12:04] Sure, that is one of the downsides, that is one of the outside things that can happen, [02:12:10] but that is quite a leap to also make, to say that folks that ran a red light should [02:12:15] be able to get their money back just because there was a delegation of this authority. [02:12:19] Going forward, I could see, yeah, don't do that anymore. [02:12:22] You've got to review all of your tickets, but to go back and say, okay, but you've got [02:12:26] to give back all the money for the tickets you've already processed. [02:12:30] And I appreciated the education on the red light camera citation over if an officer sees [02:12:39] you, which to me, it's a mute point in some ways, it is what it is, but of the 158, in [02:12:47] a lot of people concentrate on you're getting $158, but that's not the net, never has been, [02:13:01] never will be, because there's hard costs that are associated with the 158, correct? [02:13:07] Yes. [02:13:08] So initially, the state gets like seven, I don't even remember the numbers, huh? [02:13:13] $83. [02:13:14] $83 now, so I have $83 out of the 158, so that gives me a net, then I've got to pay [02:13:21] for the, what is now a lesser amount, because it used to be $40,000 or $43,000 a month, [02:13:29] now it's like 21 because we reduced the number of intersections after the road work was done. [02:13:36] And then we have hard costs in reviewing them with, and we've taken our proprietary fees [02:13:44] and proprietary steps to have the right kind of people evaluating the videos, because that [02:13:51] didn't happen out of the gate, out of the gate, when the program was first started, [02:13:59] it didn't have the level of expertise by the officers that were reviewing it, in New Port Richey. [02:14:06] That's not true. [02:14:07] Then what is? [02:14:08] They were police officers reviewing. [02:14:09] But they were retired. [02:14:12] No, they also went through some training. [02:14:19] So from day one in the city, we've had trained people looking at the citations. [02:14:24] I'm going to have to back up just a little bit, because it wasn't here when the program [02:14:28] started, but when I came to the police department in, oh gosh, it's been four and a half years [02:14:36] now, but when I came here, the people that worked, our officers that worked in CID, Corey [02:14:43] Ray, Greg Williams, and some other officers were the ones reviewing those red light camera [02:14:49] citations. [02:14:50] And then I brought on some civilian staff that were former police officers who also [02:14:56] went through a training program. [02:15:00] Then, we evolved to civilian staff that went through a training program. [02:15:07] Then, from there, we have the magistrate's element. Then, we add, for a period of time, [02:15:13] either collectible or non-collectible ticket items. Previously, they were handled on the [02:15:18] county level. Then, we brought them back to the magistrate level a couple of years ago. [02:15:23] I'm just trying to make sure I remember all the dynamics. I'm sure the ATS guy can get [02:15:30] me chapter and verse. At the end of the day, we get back to a net number and a net revenue [02:15:37] stream, correct? [02:15:40] Yes, sir. [02:15:44] On the revenue split question, 75 goes to the state, 75 goes to the city, 5 goes to [02:15:51] fund 14 trauma centers around the state of Florida, and $3 goes to the Nick Bonaconti [02:16:05] Spinal Injury Unit, just to be clear on where the money goes. [02:16:15] From that aspect, I'm just trying to look it up in a downside. Everybody knows where [02:16:19] I've been on this issue from day one, anyway. We get to the discussion part, we can go. [02:16:26] I do want to say, if you don't mind, I was here a year ago. I'm not trying to put words [02:16:34] in your staff's mouths, but we were tasked with a number of things by you all. That was [02:16:42] run a program that is less divisive, keep it out of the press, address the overbilling

    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. 9.h

    Three Minute Report: Public Works Department

    discussed

    American Traffic Solutions representative addressed prior council concerns about the red light camera program, noting agreed-upon contract changes including resolution of Highway 19 overbilling, $5,000 annual contribution to a public safety campaign, and provision of marketing communications support. Council discussed the controversial nature of the program but emphasized safety benefits and statistics presented by the Police Chief. A motion for approval was made and seconded.

    • motion:Motion to approve the red light camera program/contract. (none)

    📍Main and River Road🏢Carlton Fields👤Phillips#Highway 19 construction project#Public safety campaign#Red light camera program

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    [02:16:50] that took place during the highway construction project on 19, help us partner on a public [02:16:59] safety campaign, and all of those have been met. [02:17:03] We came to an agreement on the overbilling on Highway 19. We contributed to the public [02:17:10] safety campaign in 2016, or 2017, early 2017, to the tune of $5,000. We've agreed to continue [02:17:19] that commitment. I want you all to know that the criticisms that we heard last year that [02:17:24] I took, and were correct, we've tried to address those. [02:17:30] I'm pleased to be back here, and I think the relationship is a stronger relationship. You [02:17:35] may not realize it, but I've been in your city a number of times this year, working [02:17:41] and meeting with your staff to address any issues that might come up. We regularly speak [02:17:47] on the phone if anything pops up, and it gets addressed quickly now. [02:17:51] We've also provided our marketing communications team to the city manager's office to coordinate [02:17:57] a public safety campaign at no additional cost. The one other thing I would like to [02:18:01] add is, we use Carlton Fields to defend these cases on our behalf, and at no point has the [02:18:12] city, Councilman Phillips, received an additional bill for any of what we spend on that. [02:18:21] Certainly I'm appreciative of your concerns, but please understand on the other side of [02:18:25] it, we bore additional costs, and we have not passed those on to our clients at all [02:18:31] in Florida. [02:18:32] Thank you. [02:18:33] Anything else, Mr. Phillips? [02:18:34] No, sir. Mayor, I just wanted to ask the attorney what the downside is. [02:18:39] Councilman, anything? [02:18:40] No, we haven't had a motion. [02:18:41] No, we have not had a motion yet. [02:18:42] Yeah, I'll wait for the motion. [02:18:43] Move for approval. [02:18:44] Second. [02:18:45] We have a motion and a second. To the maker. [02:18:46] This is obviously a big issue. [02:18:47] It's a big issue. [02:18:48] It's a big issue. [02:18:49] It's a big issue. [02:18:50] It's a big issue. [02:18:51] It's a big issue. [02:18:52] It's a big issue. [02:18:53] It's a big issue. [02:18:54] It's a big issue. [02:18:55] This is obviously a very controversial issue. [02:18:57] People don't like getting bills in the mail for $150. [02:19:00] I personally have sat here during magistrate hearings and watched the red light violations. [02:19:05] If you haven't done it, I recommend you doing it. [02:19:08] I'm not a traffic expert by any means, but it will blow your mind. [02:19:12] It's bad enough seeing it in person, but you sit here and see one after another after another [02:19:15] how late these people are running these red lights. [02:19:18] To be honest with you, I'd love to have one at Main and River Road. [02:19:23] That is a horrible. [02:19:24] People heading west come over the bridge. [02:19:28] On the way to soccer practice six months ago, this lady got T-boned. [02:19:32] I had to park my car, get out, go make sure she was okay. [02:19:36] It had been green to go from River Road and to turn onto Main Street or go across Main [02:19:40] Street for at least five seconds. [02:19:43] I just happened to look up and the lady in front of me, like, Amber, oh my God, and then [02:19:46] just T-boned her. [02:19:47] I was about ready to turn out just the other day with my daughter in the car on the left [02:19:50] side of my car on that same intersection turning east onto Main Street from River Road. [02:19:57] Ever since seeing that accident, I always go left, right, left, even when it's a green [02:20:01] light. [02:20:02] This idiot came over. [02:20:03] He had two kids in the back of his car. [02:20:04] He's texting. [02:20:05] He comes over the bridge. [02:20:07] He must have been seven to eight seconds late after it had already turned green. [02:20:11] I was almost in the intersection. [02:20:13] I looked up and this guy just comes veering through. [02:20:17] It's unbelievable. [02:20:18] I know it's controversial, but to me it's easy. [02:20:21] Don't run red lights and you don't get tickets. [02:20:25] I know people are going to say it's just a moneymaker for the city. [02:20:29] It is. [02:20:30] I'm not going to deny that by any means. [02:20:33] The one thing that makes me nervous about the red light program is us getting too dependent [02:20:37] on the revenue on a long-term basis. [02:20:41] That does make me nervous. [02:20:43] If we didn't approve this tonight, I don't know how we'd make up for the money. [02:20:47] So, I mean, make no doubt about it, it is a revenue generator. [02:20:52] But to me, I agree with the chief and his statistics that he's presented. [02:20:58] If you don't run red lights and you drive like you're supposed to, you're not going [02:21:02] to get ticketed. [02:21:03] It's as simple as that. [02:21:04] I mean, it may be controversial, but if you're careful and you drive like you're supposed [02:21:10] to and you don't put your life in danger and the lives of other people because you're texting [02:21:14] and not paying attention, speeding, doing whatever. [02:21:16] Like I said, if you haven't sat through a magistrate hearing, not too many people contest [02:21:20] them anymore because you have to pay the magistrate fees once they show up. [02:21:23] But you will see some video that will blow your mind. [02:21:27] And if you haven't done it, I recommend doing it. [02:21:29] I'd be like the lady that hit me after she blew through the light blowing her horn and [02:21:35] kept on going. [02:21:36] Yeah. [02:21:37] Okay. [02:21:38] You had a second? [02:21:39] Yes. [02:21:40] This was one of the earliest issues that I dealt with when I first got on counsel. [02:21:47] And it was, I really did my homework on this one. [02:21:51] It was very controversial then. [02:21:53] It still continues to be. [02:21:54] But in learning about the historic development of this red light cameras in this country, [02:22:03] I had the opportunity to speak to some of the people that moved forward on it. [02:22:09] This is like the original grassroots effort. [02:22:12] A woman lost her husband and her son as a result of a red light camera. [02:22:16] They went grocery shopping for the mom. [02:22:18] I mean, it was so poignant because it was so avoidable running a red light. [02:22:26] And I can tell you that the benefit of having the lights up, I think, does create definitely [02:22:36] a responsibility on our part as council people, a responsibility on our part as residents [02:22:41] to drive safely and to require that people that are coming into our community know the [02:22:47] rules. [02:22:49] I can tell you firsthand that you don't have to necessarily run a red light to get a red [02:22:57] light ticket. [02:22:59] I was heading west on Main Street and approached the Main Street intersection, was making a [02:23:06] right turn, and we eased up into that intersection and did what I think is called, what's the [02:23:15] term? [02:23:16] Rolling stop. [02:23:17] Rolling stop. [02:23:18] There you go. [02:23:19] And I thought when I got the ticket in the mail that someone had stolen my car and I [02:23:22] was like, I didn't run a red light. [02:23:24] But the beautiful thing is you can go to the website, click on it, and you can see for [02:23:28] yourself, you know, and there was my car and there I was inching around the bend. [02:23:34] And I think that that, I mean, just stopped me up short because I thought I ran a red [02:23:44] light. [02:23:45] So with that said, I can tell you that I have never done a rolling stop ever, really have [02:23:53] gotten very cautious about even at stop signs, you know, the old left, right, left thing. [02:23:58] So it made an impact on me and I realized that, again, it's a very avoidable ticket. [02:24:08] I'm very pleased and thank you, Chief, for that information about all of the statistics [02:24:14] because that was really very impressive to know that with the inflow of people coming [02:24:21] into our community and yet that there has been a steady number, which, you know, would [02:24:26] indicate that. [02:24:28] I don't know that we have signs in our city. [02:24:31] I know we have golf cart friendly signs. [02:24:33] I don't know that we have any signage that necessarily tells people that there's, there [02:24:37] you go, smile, you're on camera, good. [02:24:39] Well that's great because, again, I think that it really just takes one time. [02:24:45] If you're responsible, that's all it took for me. [02:24:47] I can tell you that it even impacted, you know, ripple effect in my own family because, [02:24:52] you know, I don't think other than that ticket in all the years that I've been driving, I [02:24:56] don't think I ever got a ticket because I'm a cautious driver. [02:25:00] I don't mean to suggest that I'm not, but that really did and I thought I was a good [02:25:04] driver too, but it really made me be very reflective on how important it is to take [02:25:11] serious those things. [02:25:13] With that said, I'm not willing to take the risk of losing those cameras, reading these [02:25:22] statistics, knowing that there's more traffic in our community and more people in our community. [02:25:28] I think that the bonus is that it is also a revenue stream.

    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.

17. 10Communications▶ 2:25:29
18. 11Adjournment▶ 2:52:51