On the agenda

1. 2

   Pledge of Allegiance

   The Pledge of Allegiance was recited.

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   [00:00:00] I pledge allegiance to the flag of the United States of America [00:00:06] and to the republic for which it stands, one nation under God, [00:00:11] indivisible, with liberty and justice for all.

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2. 4

   Approval of July 26, 2022 Budget Work Session Minutes

   approved

   Council approved the minutes from the July 26, 2022 Budget Work Session.

   • motion:Approve the July 26, 2022 Budget Work Session minutes. (passed)

   #July 26, 2022 Budget Work Session Minutes

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   [00:00:18] Thank you. [00:00:18] You may be seated. [00:00:21] Next item on the agenda is the approval [00:00:23] of the July 26th budget work session minutes. [00:00:27] Move for approval. [00:00:28] Second. [00:00:28] Any discussion? [00:00:30] Hearing none, all those in favor, please signify [00:00:32] by saying aye. [00:00:33] Aye. Aye. [00:00:34] Opposed, like sign. [00:00:35] Motion passes.

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3. 5

   Approval of August 2, 2022 Work Sessions and Regular Meeting Minutes

   approved

   Council approved the minutes from the August 2, 2022 work session and regular meeting.

   • motion:Motion to approve the August 2, 2022 work session and regular meeting minutes. (passed)

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   [00:00:37] Next is approval of the August 2nd work session [00:00:39] and regular meeting minutes. [00:00:43] Move for approval. [00:00:45] Second. Any discussion? [00:00:47] Hearing none, all those in favor, please signify [00:00:49] by saying aye. [00:00:50] Aye. Aye. [00:00:51] Opposed, like sign. [00:00:53] Motion passes.

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4. 6Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda▶ 0:54
5. 7.a

   Library Advisory Board Minutes - June 2022

   on consent

   Receipt of the Library Advisory Board minutes from June 2022.

   #Library Advisory Board Minutes - June 2022

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   [00:20:23] construction of a non-bearing wall. I don't know why that would require access into a

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6. 7.b

   Purchases/Payments for City Council Approval

   on consent

   Brief, fragmentary mention regarding construction of a non-bearing wall and access requirements; no substantive discussion or decision captured in the transcript excerpt.

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   [00:20:23] construction of a non-bearing wall. I don't know why that would require access into a

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7. 8.a

   Second Reading, Ordinance No. 2022-2261: Amending FLUM for TDR Sending Sites

   approved

   Council conducted the second reading of Ordinance 2022-2261, which amends the Future Land Use Map to designate approximately 11 properties (14.19 acres) as Recreation Open Space and as Sending Sites under the City's Transfer of Development Rights (TDR) Program, transferring development rights to the City's Coastal TDR Entitlement Bank. After staff explanation and public comment, the council passed the ordinance on second reading.

   Ord. Ordinance No. 2022-2261

   • motion:Approve Ordinance 2022-2261 on second reading, amending the FLUM to designate 11 properties as Recreation Open Space and TDR Sending Sites. (passed)

   📍5940 Grand Boulevard, Newport Ritchie📍6141 Pine Hill Road🏢Florida Department of Economic Opportunity👤George👤Judith Allen👤Marlo Jones👤Mr. Altman👤Mr. Driscoll👤Mr. Hall👤Mr. Murphy👤Ms. Manns#Coastal High Hazard Area#Coastal Transfer of Development Rights Entitlement Bank#Gulf Harbors#Ordinance 2022-2261#Recreation Open Space Future Land Use Category#Sending Lands Map#Transfer of Development Rights (TDR) Program

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   [00:20:29] house when there's so many code violations just driving down the streets of this city. [00:20:36] And I think we need a process change. The process change I recommend is take code enforcement [00:20:42] away from police, put it back in planning where it was for years. Planning and police [00:20:48] have two different views of how they operate. And not that policemen don't look for solutions, [00:20:54] but planning is all about solutions. You come to planning, you want to have a fence, it [00:21:00] may not meet the city requirements. The planners work with you to try to meet those requirements, [00:21:05] or if they think the requirements are stupid, like we used to have a bad fence ordinance, [00:21:09] we change the fence ordinance. That's what planners do. They work with the customers, [00:21:14] they work with the citizens to try to get things corrected, not start with violations. [00:21:21] The other thing we need to do on code violations, like many cities do, is don't use a magistrate. [00:21:28] Bring a code enforcement board of citizens to the city to decide whether the code violation [00:21:35] is appropriate and decide upon the fines that are appropriate. Not have a magistrate that's [00:21:40] employed by the city to do that. I think those two processes would go a long way to [00:21:45] making the citizens of the city better. You see a lot of discontent in this room, and [00:21:50] you have to say there are some elements of truth to what they're saying here. You can't [00:21:55] just dismiss everything that's being said. You're in the budget season, you can do this [00:21:59] now. So I strongly recommend you do that. Move code to planning and change its orientation. [00:22:06] Thank you, George. Anyone else? Seeing no one else, we'll close box pop. We have one. [00:22:23] Okay. Posters are not appropriate in council chambers. Please stow them. [00:22:38] Of course they're not. No, please stow them. Ma'am, stow them. [00:22:46] Mr. Jones, you're up. Okay, it's all right. Marlo Jones, I do not want to state my record for the record. [00:23:04] Mr. Jones, it is a requirement. I do not. No, sir, it is a requirement. That's fine. [00:23:11] I live at 6141 Pine Hill Road, the oldest black community that has been a part of this [00:23:17] community for 100 years. Mr. Mayor. Thank you. The reason I do not state my address, [00:23:23] Mr. Mayor, because I do not feel safe, Mr. Mayor. Many of you have seen the reasons I [00:23:29] do not feel safe. You have heard from my colleagues. You have heard from us for almost two and [00:23:35] a half years. Come week after week after week after week with facts, with facts, with facts. [00:23:43] Nothing is done. We try to come to this chamber to communicate what is going on and what could [00:23:52] make our city better. And what are we faced with? Nobody wants to listen to us. We're [00:24:01] shut down. We're called loons. We're finding out officers are praying with the Proud Boys. [00:24:08] One of the women that was out here with the Proud Boys was charged with a felony for invading [00:24:14] the Capitol on January 6th. We were faced with incredible amounts of the element of [00:24:21] danger, which I know the Deputy Chief is fully aware of, the heightened sense of why we don't [00:24:27] feel safe. But what makes it worse is when we come to the elected officials, we are not [00:24:34] getting the help that we deserve and that we need. There have been so many issues brought [00:24:39] before this council tonight on various topics that are very serious. And it's disturbing [00:24:46] when we see members who I will not name digging in people's trash. Why would we hire [00:24:57] someone to represent our city who is supposed to be litigating things, from which I hear [00:25:04] there's many? Why are they digging through citizens' trash on private property? Why are [00:25:11] they talking about the homeless situation and not caring or having any empathy? What [00:25:17] is the problem with low-income housing? I grew up here. I was born right across the [00:25:22] street at North Bay. We had that discussion, Mr. Mayor, many years ago when you were running [00:25:27] for election. So I don't understand. What's going on? And we just simply want answers. [00:25:33] We simply want to know why. We know what's going on behind closed doors. And you all [00:25:40] do, too. So it's time that we hope that we get the answers and the fair treatment we [00:25:47] deserve. When we come here, we don't want to cause any issues. We want to be peaceful. [00:25:52] Last time I was here, you, I'm not going to say your name, accused me of attacking council. [00:25:57] That is incorrect. They do that a lot to black men. You want to make us seem angry and crazy. [00:26:02] But we're not. We're seeking justice. [00:26:12] My name is Judith Allen. I'm a resident for over 50 years. We've heard a lot of complaints. [00:26:30] 5940 Grand Boulevard, New Port Richey. But it's time to start looking for solutions. [00:26:40] And it's time to start getting other groups involved to help all of you to solve some [00:26:46] of these. I have some phone numbers here and some statutes that we need to investigate. [00:26:53] One is the Florida whistleblower statute, which is 112.3187. Another one is the misuse [00:27:02] of office. That is 112.313 sub 6. We have some other issues that need to be investigated. [00:27:14] The Florida Commission on Ethics deals with a great deal of these problems, since there [00:27:19] seems to be some confusion amongst our leaders as to what to do. That website is ethics.state.florida.us. [00:27:29] The phone number is 850-488-7864. Then there is the Florida Commission on Human Relations. [00:27:39] That website is fchr.myflorida.com. Phone number 850-488-7082. They specifically deal [00:27:51] with racial discrimination. We have a law group that specifically only sues governmental [00:27:59] properties or governmental entities. That's the Institute for Justice. They are now filing [00:28:05] a lawsuit against the county and Sheriff Noco. That phone number is 703-682-9320. [00:28:18] We have some problems with our grants. This is the number where you file problems, those [00:28:23] businesses that we've taken interviews of who were left out of the government stimulus grants. [00:28:30] That place that you file is IRS Fraud, TIGTA. The phone number is 1-800-366-4484. [00:28:43] The final number that I have, that apparently a file was already opened, we're not sure who did it, [00:28:50] is the FBI National Threat Operations Center. They are already looking into this city from what we understand. [00:29:00] I beg your pardon? Wait a minute. I have a phone number. 1-800-225-5324. [00:29:11] Thank you, Ms. Allen. Anyone else? Seeing no one else coming forward, we'll close Vox Pop and go to the consent agenda. [00:29:22] Move for approval. Second. [00:29:26] Any discussion? Hearing none, all those in favor, please signify by saying aye. Aye. Opposed, like sign. [00:29:34] Motion passes. Next, second reading ordinance 2022-2261. [00:29:40] This is ordinance number 2022-2261, an ordinance of the City of New Port Richey, Florida, [00:29:45] providing for a small-scale amendment of the future land use map of the city's adopted comprehensive plan, [00:29:50] providing for amendment of the future land use category for approximately 11 properties, [00:29:55] comprising a total of 14.19 acres. [00:30:00] located throughout the city as more particularly described herein, providing for amendment [00:30:04] of the land use designation for said properties to the Recreation Open Space Future Land Use [00:30:08] Category, providing for the designation of said properties as Sending Sites as part of [00:30:13] the City's Transfer of Development Rights TDR Program, providing for amendment of the [00:30:18] Sending Lands Map included as part of the City's Future Land Use Map Series, providing [00:30:22] for amendment of the TDR Availability Table, providing for the transfer of all development [00:30:27] rights to the City's Coastal Transfer of Development Rights Entitlement Bank, providing [00:30:31] for severability, providing for complex, and providing for an effective date. [00:30:37] Thank you. [00:30:38] Ms. Manns? [00:30:39] Certainly. [00:30:40] Mr. Mayor, members of Council, as was indicated by the City Attorney, this agenda item is [00:30:43] related to the transfer of development rights. [00:30:46] You conducted a first reading related to this matter back on April 21st of 2000, I'm sorry, [00:30:55] back on May 17th of 2022. [00:30:59] Since that time, the item was presented to the Florida Department of Economic Opportunity [00:31:07] and they have commented on the amendment and they have now authorized you to conduct a [00:31:14] second reading of the ordinance and consider it for adoption. [00:31:20] Mr. Hall, are there additional points that need to be mentioned at this time? [00:31:24] No, what I will say is two things. [00:31:26] The proposed ordinance accomplishes two major items. [00:31:30] It revises specific parcels to be included on the Sending Sites Map and changes the future [00:31:34] land use designation of those properties, and then it updates the Entitlement Bank accordingly. [00:31:41] Thank you. [00:31:42] This is a public hearing, open it up for public comment. [00:31:47] Has this been opened up to the public for the ordinance change, other than the small, [00:31:53] what seems to be some of the costs? [00:31:55] This is specifically on this issue. [00:31:57] So specifically on this ordinance, it would be changing it to allow multi-unit family [00:32:02] housing? [00:32:03] This is, if you have a question, we can discuss it. [00:32:09] This has nothing to do with opening up multi-family. [00:32:13] It's development rights. [00:32:14] Right. [00:32:15] It's development to change the property. [00:32:18] Could you explain? [00:32:19] Point of order, Mr. Mayor. [00:32:21] If we're going to have a discussion and it's public, could you get the individual up to [00:32:25] the microphone? [00:32:26] Okay. [00:32:27] Mr. Driscoll, could you explain exactly what a transfer of development rights is? [00:32:32] So what this does is the city agrees to down zone or down the land use of particular properties [00:32:40] to a recreation open space, which means they will never be developed. [00:32:44] And those density rights are transferred into an entitlement bank, which is available [00:32:48] for other developers to add those density rights to properties that are being developed [00:32:52] throughout the city. [00:32:53] Right. [00:32:54] And so how long has this been on the agenda and open to the public to be knowledgeable [00:32:57] about was my question. [00:32:59] First reading was back in June? [00:33:02] First reading was in May. [00:33:03] It was before the Land Development Review Board in April of this year. [00:33:07] So prior to agendas, though, you don't typically pre-release agendas, is that correct? [00:33:12] Before the meeting minutes? [00:33:15] Those are all, we'd be happy to talk to you about our process after the meeting, but those [00:33:20] are all done in advance. [00:33:22] So because when I went and looked, I was unable to find them. [00:33:25] However, they're available for other entities. [00:33:27] My point being is that when ordinance are changed, typically the public is unaware of [00:33:33] it because it's within closed chambers and it's not quite advertised. [00:33:37] Therefore, we allow for open public comment, but it's only if those people are here at [00:33:41] that meeting, which many of our constituents work two to three jobs. [00:33:45] So coming to a meeting is not quite possible. [00:33:47] It is possible, though, to open those things up for public comment in other avenues that [00:33:53] is more accessible for all of our different subgroups. [00:33:57] Thank you. [00:33:59] Any other public comment on the ordinance? [00:34:04] I just have a question on this ordinance. [00:34:07] Who determines how the credits are transferred? [00:34:12] Who gets the ultimate say of that? [00:34:15] Mr. Driscoll? [00:34:16] All of those credits will come back to the City Council for approval. [00:34:20] So they'll all be public when they're transferred? [00:34:22] Yes, and this ordinance is advertised just like all ordinances are, and this ordinance [00:34:26] has been advertised for this hearing and for the hearing that we had previously on it. [00:34:31] And the ordinance to approve those credits will also be an advertised ordinance. [00:34:36] And are these recreational properties already established, or are they rolling? [00:34:41] Are they ongoing, or are these properties already established? [00:34:44] Which ones will be converted? [00:34:46] This ordinance does that. [00:34:47] It establishes the 11 properties that are transferred. [00:34:50] So there's 11 properties that are already established? [00:34:53] Correct. [00:34:54] And will there be more added to that, or is that...? [00:34:57] That's all at this time. [00:35:00] Okay. [00:35:03] Seeing no one else come forward, we'll close public comment and bring it back to Council. [00:35:11] Move approval of this on second reading. [00:35:14] We have a motion. [00:35:15] Do we have a second? [00:35:16] I'll second. [00:35:17] To the maker? [00:35:18] Yes. [00:35:19] Just the transfer of density rights, if I could just expound a little bit more on what's [00:35:24] going on for the benefit of those who aren't aware, recognizes the importance because we're [00:35:34] in a coastal high hazard area in many parts of the city that we have flooding. [00:35:39] Flood insurance rates affect all of the property owners and rental rates that flow down from [00:35:45] that as well as people who own their homes. [00:35:48] The FEMA does evaluate and give points for open space and for setting aside land. [00:36:00] The lands that are here, some of our recreational properties already, and it's designating that [00:36:06] those properties that are in the high hazard area, tell me if I'm wrong with any of this, [00:36:11] but on primarily the other side of Highway 19 in the high hazard area where they may [00:36:18] have land rights, as example, when Gulf Harbors was built, the developer got lots of rights [00:36:27] to build all kind of units on the west side of the highway, more units than have been [00:36:32] built to date. [00:36:34] Some of those lands out there have those entitlements where they could be building on them. [00:36:39] So the city bought a 10-acre parcel, I think that's part of this property or has already [00:36:45] been set into this program, which had a lot of density and development rights. [00:36:53] By allocating that as open space and disallowing housing in a flood area, those rights are [00:37:05] retained back to the city, so that if a good development comes, and it could be even affordable [00:37:11] housing, but whatever it is, if a new development comes that's built and designed to withstand [00:37:17] the climate issues that we're facing with and the elevation to raise it out of the flood [00:37:23] zone and is a good project that comes back to the city, those projects are now costing [00:37:28] a lot more money because it takes a lot more money to harden to keep the uplift of hurricanes [00:37:33] and everything, and it's harder to build affordable housing at one story or two stories. [00:37:40] So if we get a good project, affordable or otherwise, that brings our residential base [00:37:46] to the city. [00:37:47] Now that person can petition to acquire, and this ordinance requires us to appraise the [00:37:54] value of these, if I'm not mistaken, come up with a dollar value and say, okay, it's [00:38:00] going to cost money, but in order for us to continue to have housing and for a city [00:38:06] that's contracted by its small boundaries, 16,000 people, there's 100 and some thousand [00:38:11] people that say New Port Richey in their envelope, in their mail. [00:38:16] Our small city, in order for us to try to plan for the future, this gives us the ability [00:38:21] to transfer those rights to another property owner for value, and if that value incorporates [00:38:30] something that's needed, as has been talked about, affordable housing, whatever, and it [00:38:33] seemed to be a good project for our city, then the city has the ability to incentivize [00:38:38] that because we own those rights. [00:38:41] So this can be a very good program, I think, and that's why I'm supporting it. [00:38:46] The one thing I would say is that our council said that you give up your rights to use that [00:38:52] land forever, and I believe that we did make a modification of this so that if for whatever [00:38:58] reason a parcel we've set aside becomes important to develop for some reason, we can find another [00:39:04] piece of land somewhere of equal value and designate that in order to move that around. [00:39:13] So I would just try to ask if I can confirm that it's corrected. [00:39:19] The plan is you put this aside, but there is an opportunity for future councils to make [00:39:26] modifications. [00:39:27] Right, that is a good clarification. [00:39:28] Thank you. [00:39:29] Just a second. [00:39:30] Excuse me. [00:39:31] No, I'm sorry. [00:39:32] I can't respond to him? [00:39:33] No. [00:39:34] What a joke. [00:39:35] Just a second. [00:39:36] Joke. [00:39:37] Mr. Murphy. [00:39:38] I'm good, thank you. [00:39:45] This is certainly worthy of support, primarily because it does provide for the ability to [00:39:52] move some of those development rights to help make some housing be built that is going [00:39:59] to be, as Mr. Altman pointed out, potentially some of it could be affordable housing, but [00:40:06] it's higher density which would help out all the way around because it reduces the unit [00:40:13] cost of building and with the development rights even more so. [00:40:21] The 11 units, Mr. Triscoll, I'm trying to remember which ones specifically, but it was [00:40:28] a number of parks, as I recall, that were just saying these are going to stay parks. [00:40:36] We're not going to turn around and sell them off for somebody to put a high-rise on. [00:40:40] And I think that's the key, is we're trying to protect some land so that you've got some [00:40:45] green space so that families can actually go out and enjoy them, and at the same time [00:40:51] we can build housing, preferably in areas that aren't high-hazard flood areas, so that [00:41:02] we can grow. [00:41:04] What we don't want to have is a bunch of housing that gets built in high-hazard flood areas, [00:41:13] particularly on the west side of the highway, which if you look at the projections by the [00:41:20] Tampa Bay Regional Planning Council and the NOAA people, and I probably goof up a whole [00:41:28] bunch of other initial agencies that have been looking at it, that are all potentially [00:41:35] going to be underwater on a regular basis by the end of the century, and so we don't [00:41:40] want to have those developed there. [00:41:41] We want to develop them preferably in places that are high and dry. [00:41:46] So for that reason, I will also be supporting the ordinance. [00:41:52] Any further discussion? [00:41:54] Hearing none, all those in favor, please signify by saying aye. [00:41:57] Aye. [00:41:58] Opposed? [00:41:59] Like sign. [00:42:00] Motion passes.

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8. 9.a

   CAC Funding Request RE: 9/11 Never Forget Mobile Exhibit

   approved

   Council approved a Cultural Affairs Committee recommendation to fund $4,710 to help bring the Tunnel to Towers 'Never Forget' Mobile Exhibit to New Port Richey for a three-day public display in connection with the annual 9/11 Memorial and Remembrance Ceremony. Heather Farentino, longtime chair of the 9/11 committee, was recognized for organizing the event.

   • motion:Approve the Cultural Affairs Committee recommendation for a $4,710 funding appropriation to support the 9/11 Never Forget Mobile Exhibit. (passed)

   📍5534 Wyoming Avenue, Newport Richey📍Sims Park🏢Cultural Affairs Committee🏢Friendly Kia🏢Tunnel to Towers👤Heather Farentino👤John Gillis👤Mr. Holland#9/11 Memorial and Remembrance Ceremony#9/11 Never Forget Mobile Exhibit#CAC Funding Request#Tunnel to Towers traveling exhibit

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   [00:42:02] Next is a CAC funding request regarding the 9-11 mobile exhibit. [00:42:09] Mr. Mayor, we don't, as a group, get an opportunity to say thank you enough for the good work [00:42:19] that our residents and members of the business community do, and in this case, I'd like to [00:42:24] take an opportunity to thank Heather Farentino, who is in attendance this evening, as she [00:42:30] has served as the chairperson for the 9-11 committee for 21 years now and has put together [00:42:39] consistently an outstanding program in respect to the 9-11 Memorial and Remembrance Ceremony [00:42:48] that we celebrate annually. [00:42:52] This year, though, she's outdone herself, and she has provided for a Tunnel to Towers [00:43:00] traveling exhibit to be in the city for a three-day period of time, which is called [00:43:07] the Never Forget mobile exhibit, and it will be on display for a three-day period of time [00:43:14] and open to the public for no cost. [00:43:18] There is cost, though, associated with bringing the exhibit to the city, and the Cultural [00:43:29] Affairs Committee heard a request for some funding from Mrs. Farentino, and they're recommending [00:43:38] to you a funding appropriation in the amount of $4,710 to offset some of the costs associated [00:43:50] with moving the exhibit from New York City to New Port Richey, and also some of the staff [00:44:01] expenses associated with moving some New York firefighters along with the exhibit for [00:44:09] their stay in New Port Richey to man the exhibit and play a part in showing the exhibit materials [00:44:23] to the public. [00:44:24] Additionally, I'd like to take the opportunity to thank John Gillis of Friendly Kia, who [00:44:33] has also agreed to sponsor the exhibit so that we could make it open and free to the [00:44:41] public, but a special thanks to Mrs. Farentino for all of your hard work and organizing the [00:44:47] event. [00:44:49] And so the purpose of bringing all this up to you is to get you to approve the recommendation [00:44:55] from the Cultural Affairs Committee for the [00:45:00] a funding request in the amount of $4,710 [00:45:04] to support the traveling exhibit portion of the program. [00:45:11] Ms. Ferentino, did you wish to say anything? [00:45:18] Thank you very much, Heather Ferentino, [00:45:19] 5534 Wyoming Avenue, New Port Richey. [00:45:23] First of all, I want to thank all of you. [00:45:25] It's your support that you've been doing [00:45:26] for the last 21 years that's allowed us [00:45:28] to do it in Sims Park and to keep [00:45:31] our promise of never forgetting. [00:45:33] And it's your staff, honestly, that works. [00:45:36] We have a wonderful committee that really works. [00:45:38] Everyone has their little jobs to do [00:45:39] and we get it done every year, [00:45:41] but your staff has been the backbone [00:45:43] to help us to make sure that it really happens. [00:45:45] So I thank all of you for everything that you've done [00:45:48] so that we can say Pasco doesn't forget. [00:45:51] Thank you. [00:45:52] Open it up for general public comment. [00:45:54] Seeing no one come forward, bring it back to council. [00:45:58] Move for approval. [00:45:59] A second. [00:46:00] To the maker. [00:46:01] Yeah, thank you, thank you, Ms. Ferentino, [00:46:03] for all the work you do do for the community, [00:46:05] past and present. [00:46:06] Appreciate it. [00:46:07] Second. [00:46:08] Yeah, I think this is a great thing [00:46:09] bringing in the Tunnel to Towers. [00:46:13] Mr. Holland? [00:46:14] No, I think, again, they have the secret sauce to events, [00:46:19] which is to bring lots of school kids [00:46:21] and their parents to come, [00:46:23] and I think it is a good example [00:46:25] of helping the children to understand some of their history. [00:46:32] I'm hopeful that children get to understand [00:46:34] all of their history, [00:46:35] and that's a whole nother story, [00:46:38] but this is a great thing that you've done. [00:46:43] I do believe you've outdone yourself this year, so. [00:46:48] Any further discussion? [00:46:50] Any further discussion? [00:46:51] Hearing none, all those in favor, [00:46:53] please signify by saying aye. [00:46:55] Aye. [00:46:55] Opposed, like sign. [00:46:57] Motion passes.

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

9. 9.b

   ↳You arrived here from a search for “American Traffic Solutions” — transcript expanded below

   Fifth Amendment to the Professional Services Agreement between Verra Mobility and the City of New Port Richey

   approved

   Council approved the Fifth Amendment to the Professional Services Agreement with Verra Mobility (formerly American Traffic Solutions) for the city's red light camera Intersection Safety Program. The new three-year contract, with two optional two-year renewals, reduces the per-camera fee from $4,000 to $3,800/month and includes a one-time $10,000 payment to purchase two portable speed detection devices for the police department.

   • motion:Approve the Fifth Amendment to the Professional Services Agreement with Verra Mobility for a three-year term with two optional two-year renewals at $3,800 per camera per month plus a one-time $10,000 payment. (passed)

   📍northbound US Highway 19 at Florimar Terrace📍northbound US Highway 19 at Gulf Drive📍northbound US Highway 19 at Trouble Creek Road📍southbound US Highway 19 at Gulf Drive📍westbound US Highway 19 at Main Street🏢American Traffic Solutions🏢Verra Mobility👤Allman👤Kim👤Ms. Cox#Fifth Amendment to Professional Services Agreement#Intersection Safety Program#Mark Wendell Traffic Safety Act

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   [00:46:58] Next is the Fifth Amendment [00:46:59] to the Professional Services Agreement [00:47:01] between Vera Mobility and the City of Newport-Richmond. [00:47:05] The contract with Vera Mobility, [00:47:09] who previously was known to you [00:47:13] as American Traffic Solutions, [00:47:16] is due to elapse, [00:47:19] and they are the company that the city works with [00:47:22] on the Intersection Safety Program. [00:47:26] The agenda item before you this evening [00:47:30] is a request to enter into a three-year contract [00:47:33] with Vera Mobility [00:47:35] with two two-year optional renewal periods. [00:47:39] The city has been in a relationship [00:47:44] with American Traffic Solutions [00:47:46] since the Mark Wendell Traffic Safety Act [00:47:50] was effectuated in 2010. [00:47:53] The city currently operates [00:47:56] five red light camera intersection programs. [00:48:02] They are located at northbound US Highway 19 [00:48:05] at Trouble Creek Road, [00:48:07] northbound US Highway 19 at Florimar Terrace, [00:48:11] northbound US Highway 19 at Gulf Drive, [00:48:15] southbound US Highway 19 at Gulf Drive, [00:48:18] westbound US Highway 19 at Main Street. [00:48:23] The current fee that the city pays per camera [00:48:28] is $4,000 per camera per month. [00:48:35] Roughly 60 days ago, [00:48:38] we entered into a negotiation phase [00:48:43] with Vera Mobility related to renewal [00:48:46] of a contract with them, [00:48:49] and they have agreed to accept a payment [00:48:54] in the amount of $3,800 per month per camera. [00:49:01] And they additionally agreed to make a one-time payment [00:49:04] to the city in the amount of $10,000, [00:49:08] which would be used to purchase [00:49:10] two portable speed detection devices [00:49:13] with which the police department [00:49:16] would use in their traffic education [00:49:19] and enforcement efforts. [00:49:22] Based on the information that we know [00:49:28] of what other communities pay for their cameras, [00:49:33] we feel that the amount being paid by the city is equitable [00:49:38] based on the number of cameras that we have in operation. [00:49:42] We have enjoyed a good relationship with Vera Mobility, [00:49:47] and we're recommending that you consider approving [00:49:54] the entering into a contract [00:49:59] for a three-year period of time [00:50:01] with two two-year optional renewal periods, [00:50:04] which would be subject to your sole discretion for approval. [00:50:13] Thank you. [00:50:14] Open it up for public comment. [00:50:19] Real quick, I know you guys, [00:50:21] Mayor and City Manager, you met with Kim [00:50:24] about the feeding program for the children. [00:50:26] I spoke to you about it not too long ago [00:50:30] because you had mentioned that you had the funding for it. [00:50:33] Do you have any update on that funding at all? [00:50:38] That's not pertains to this. [00:50:40] It's finance, so I figured I can get it in real quick. [00:50:43] No? [00:50:44] No. [00:50:45] Be happy to talk to you after the meeting. [00:50:46] Okay. [00:50:47] Along with Ms. Cox. [00:50:50] Okay. [00:50:55] Seeing no one else come forward, bring her back to council. [00:51:00] Move for approval. [00:51:04] I'll second. [00:51:05] To the maker. [00:51:07] Second. [00:51:08] Mr. Allman. [00:51:11] Well, the discount of $200 off of $4,000 [00:51:14] is not exactly something to jump up and down about, [00:51:18] but I think the three-year term, [00:51:21] I guess I would only ask if there is any outclaws. [00:51:25] Are we committed to three years of this? [00:51:27] We would be committed to three years, [00:51:28] but we would not be committed [00:51:30] to the additional two-year terms. [00:51:34] And it is an annual cost reduction of 12,000, [00:51:37] so it's actually a $46,000 reduction in fees. [00:51:43] Over the three-year term for which we're budgeting, [00:51:46] I think, one point some million dollars in revenue [00:51:51] of which we send probably 60 or 70% of that money [00:51:55] back to the company or to other entities, [00:51:59] including the state trooper fund or something like that. [00:52:04] We send $78 of every ticket, [00:52:09] which is $158, to the state to various funds. [00:52:14] The city retains $75 of each ticket, [00:52:18] and actually our revenues have really waned [00:52:21] in recent years. [00:52:24] And it seems that the number changed [00:52:29] right around the time that we started [00:52:30] to experience peaks in the COVID experience. [00:52:38] So, you know, I did quite a bit of analysis [00:52:41] of this back in the day, [00:52:42] and I think that at one point there was an awful lot [00:52:45] of discontent with the right turn on red, [00:52:47] and I'm understanding that that's been resolved, [00:52:49] and we're not really doing that anymore [00:52:51] to the degree that a lot of folks [00:52:53] were getting hit with that fee. [00:52:55] So I feel much better about that. [00:52:59] I also, in the studying of the issue, [00:53:02] the concept is that people will be trained [00:53:05] to not run the red lights, [00:53:07] and so that you're sort of like the utility department [00:53:11] saying, don't use as much water, [00:53:13] even though we make money off of our water sales. [00:53:17] The reason I ask about the term is [00:53:21] there seems to still be a positive cashflow [00:53:23] that's relatively substantial to it. [00:53:26] An internal cost to the city also from that $75 pay [00:53:31] for some staffing and some of the services [00:53:34] and the collecting and the negotiating of those. [00:53:37] But it is not, it doesn't cost the city in the long run [00:53:43] when you've run all those numbers together. [00:53:46] If we were successful and everyone stopped [00:53:48] running red lights, we could be on the hook for some fees, [00:53:53] but the disparity between the revenue and the expense [00:53:56] is probably more than getting too worried about it. [00:54:01] But I think it's important to continue to track that [00:54:05] and make sure that we understand where we sit. [00:54:09] So I'll support the motion [00:54:11] because I know it's recommended by the staff. [00:54:15] And because we've made some adjustments [00:54:16] to provide some relief to those [00:54:22] who safely have just violated the traffic laws [00:54:25] without putting anyone in danger, [00:54:27] as they have done for many years, [00:54:29] making a right turn on Main Street, [00:54:31] when they can see clearly [00:54:33] that left turns have created a barricade. [00:54:36] And it's just too much of an enticement [00:54:38] for folks to continue to work through that intersection. [00:54:41] So thank you for letting me weigh in, [00:54:45] but I will support it. [00:54:47] Thank you. [00:54:48] As probably the only council member in recent history [00:54:51] who's actually been hit by a red light runner, [00:54:53] I have a unique perspective on this. [00:54:59] It's unfortunate that we have more than a few people [00:55:06] who are licensed drivers, presumably licensed, [00:55:11] when they see a yellow light that's hit the gas [00:55:16] and they go through on a painfully late basis. [00:55:22] There are some suggestions [00:55:26] that came out of the last talk about town [00:55:30] that I will be happy to share with the city manager [00:55:34] so she can discuss it with staff. [00:55:37] But for the public, one of the recommendations, [00:55:41] and it's something that's being done in Lakeland, [00:55:45] is to set up the lights with a smart sensor [00:55:52] or maybe it's a smarter sensor [00:55:54] than what we've historically had on these. [00:55:57] And so if the sensors see somebody [00:56:01] that's coming down the road [00:56:03] as the light is about to turn red, [00:56:05] and it figures out via computer [00:56:08] that this person, there's no way on earth [00:56:10] they're going to stop, [00:56:12] it actually delays the green light turning green [00:56:16] on the other direction [00:56:18] so that the red light runner gets through the intersection [00:56:23] before somebody drives out and gets clobbered. [00:56:26] And that really sounds like something [00:56:30] that would be good to have [00:56:33] if it can reduce the number of collisions [00:56:36] that we're seeing because of red light runners. [00:56:41] It doesn't excuse them for running the red light, [00:56:42] but at least it protects whoever is sitting [00:56:44] at the intersection so that they can get through safely [00:56:48] and ultimately make it home to their own families. [00:56:52] But that being said, I will support this as well. [00:56:57] Any further discussion? [00:56:59] Hearing none, all those in favor, [00:57:00] please signify by saying aye. [00:57:03] Aye. [00:57:04] Opposed, like sign. [00:57:05] Motion passes.

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

10. 9.c

    Re-Appointment of Timothy P. Driscoll, Esq. as City Attorney

    tabled

    Council considered re-appointing Timothy P. Driscoll, Esq. as City Attorney via a fifth amendment to his contract for a one-year term (Sept 6, 2022 – Sept 6, 2023) with no wage increase. After multiple public comments opposing the reappointment citing concerns about code enforcement, lawsuits, and conduct, a motion to approve failed for lack of a second; Deputy Mayor Bradford indicated a desire to bring the item back at the next meeting (Sept 3) with more information.

    • motion:Motion to approve the fifth amendment re-appointing Timothy P. Driscoll as City Attorney for a one-year term. (failed)
    • direction:Deputy Mayor proposed bringing the reappointment back to the next agenda (Sept 3) with additional information on city litigation.

    🏢BLM🏢Proud Boys👤Debbie Manzi👤George Romanoli👤Timothy P. Driscoll#2020 George Floyd protests#Acquittal May 5, 2022#Code enforcement / police department joint operations#Fifth Amendment to City Attorney Agreement#Officer Valente arrest incident#Reappointment of City Attorney

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    [00:57:06] Next is reappointment of Timothy Driscoll, [00:57:08] Esquire's city attorney. [00:57:10] Ms. Mance. [00:57:11] Certainly. [00:57:12] Mr. Driscoll has served as the city attorney [00:57:16] since September 6th of 2016. [00:57:21] The term of his contract is a one-year term. [00:57:26] And the recommendation before you this evening [00:57:34] is to renew the term of his agreement [00:57:38] from September 6th, 2022, [00:57:41] spanning through September 6th of 2023. [00:57:47] Mr. Driscoll, related to the request, [00:57:51] is not asking for any wage increase [00:57:57] and all of the provisions in the original agreement [00:58:00] with the city will remain the same. [00:58:03] What I can tell you about Mr. Driscoll's performance [00:58:07] is that he serves with excellent capacity. [00:58:12] He's proficient in every form of law, [00:58:17] but he's demonstrated expert capacity in municipal law [00:58:23] and has served us well. [00:58:25] And therefore I recommend that you consider approving [00:58:29] the fifth amendment to the agreement [00:58:31] for a term of one year. [00:58:35] Very good. [00:58:37] Open up for public comment. [00:58:41] All right, I'll take mine. [00:58:46] Please understand that pointing out facts [00:58:48] about an individual is not the same thing [00:58:49] as attacking them. [00:58:51] I'm just wondering how a lawyer who's supposed [00:58:52] to protect the best interest of this city [00:58:54] can possibly be the same lawyer [00:58:56] that allows breaking and entering of a residence [00:58:58] of a citizen without a search warrant, [00:59:00] their property to be gone through [00:59:02] while he's on the property, [00:59:06] anti-Semitic jokes to be made [00:59:08] while he's standing in their presence. [00:59:12] Let's see, where was I? [00:59:14] Going through the trash of a private citizen [00:59:17] has to be against the law, I'm fairly certain. [00:59:20] Ah, [00:59:24] man, to allow all the things that have gone on [00:59:26] with the police department to continue, [00:59:29] you're setting this city up for bankruptcy. [00:59:31] I mean, I listed all those things that I listed [00:59:33] in Vox Pop that you could be sued for. [00:59:35] I mean, how is he doing the best interests [00:59:40] of this city when you're, [00:59:42] when he's just overlooking things [00:59:44] that we can be sued for [00:59:45] and then they're literally gonna bankrupt you [00:59:48] because the two or three people that I know personally [00:59:51] that could sue this city [00:59:52] will sue the pants off of y'all. [00:59:56] And I look forward to it. [00:59:58] You have so many people in line to sue this. [01:00:00] I'm just curious if this is the best option we have, because shame on this city for using [01:00:04] legal counsel that is overlooking anything that doesn't line the pockets of the richest [01:00:08] people in this community. [01:00:09] A lawyer that has the interest of protecting property and profit over the most vulnerable [01:00:14] citizens who allows this counsel to pick and choose the rules that are followed and who [01:00:18] they are imposed upon. [01:00:20] And I just wonder now how many, because I didn't know you were in office since 2016, [01:00:25] and I'm just curious how many lawsuits have been brought against this city in that amount [01:00:29] of time and how many of those lawsuits were escalated from the 2020 protests for George [01:00:37] Floyd's death. [01:00:39] Because I mean, just since then, and since I've been coming to these meetings, I've literally [01:00:44] heard numerous things that we could be sued for. [01:00:47] And you just have a blinder over them. [01:00:49] And then you go digging through people's trash. [01:00:51] Shame on y'all. [01:00:52] Shame on all of you. [01:00:54] Shame. [01:00:55] Shame. [01:00:56] Anyone else? [01:00:57] One down, right? [01:00:58] One down. [01:00:59] I didn't really know this was on the agenda, so it's kind of off the cuff, but I just feel [01:01:07] like after the thousands of dollars that I've spent on public records, which have become [01:01:14] extremely hard to get now because I'm being charged the cost of the attorney and the city [01:01:20] manager now, I feel like the relationship, though, between the city manager and the city [01:01:25] attorney is very inappropriate. [01:01:28] And it really is opening you guys up to liability, but it has just stepped over a line of professionalism [01:01:35] that I don't feel like you can come back from. [01:01:38] So I think that giving him another term or reinstating his contract is an awful idea, [01:01:45] a really awful idea. [01:01:47] I think that we need a new attorney, honestly. [01:01:51] Thank you. [01:01:57] I'm not here to speak against Mr. Driscoll. [01:01:58] In fact, all my relationships with him have been positive, and one in particular is when [01:02:04] administration did not want to sign a verification of the zoning form for a low-income housing [01:02:09] tax credit project. [01:02:12] And I talked to Mr. Driscoll about it, and he convinced administration that it had to [01:02:15] be signed. [01:02:16] So he's open to discussions about things. [01:02:20] But the problem I have with this agenda, this agenda item is terrible. [01:02:25] And one thing I talked to the city manager about when I ran is a lot of her agendas not [01:02:30] pass muster. [01:02:31] This is the fifth addendum to the contract with Mr. Driscoll. [01:02:36] If you read the agenda and you read the addendum, you have no idea what his rate is, you have [01:02:41] no idea who he reports to, you have no idea if he can subcontract. [01:02:46] You don't have that idea. [01:02:47] So I asked the city council in future agendas that are addendums, that all the related addendums [01:02:55] in the original contract are attached, because there's no transparency to the residents of [01:03:00] the city. [01:03:01] Now, you all meet with the city manager every week, and she goes over the agenda items with [01:03:07] you. [01:03:08] We don't have that as residents. [01:03:11] The only way we know this stuff is reading the agenda itself. [01:03:14] Ms. Manzi, you need to list all this stuff there, because we're not getting educated [01:03:18] on these issues. [01:03:19] We need to know. [01:03:20] And again, I support Mr. Driscoll, but the process is flawed. [01:03:26] Thank you, George. [01:03:29] Do I have to state my address for this part or no? [01:03:34] Quickly, since we're speaking on a legal standpoint, we all know what happened to me with Officer [01:03:41] Valente. [01:03:42] I honestly feel that Mr. Driscoll there, and the city manager, there were other officers [01:03:49] that were involved with my arrest that you guys kind of swept under the rug, that treated [01:03:55] me kind of inhumane, so I'm just wondering, what are my statute of limitations on my incident? [01:04:09] I mean, it's relevant to what we're talking about. [01:04:15] He's trying to renew his contract. [01:04:19] It's not relevant. [01:04:20] Yeah, I don't answer anything, do you? [01:04:24] But we would have to answer your questions if it came down to it. [01:04:31] Anyone else? [01:04:36] Good evening, counsel. [01:04:38] I am going to ask the counsel to oppose this because my colleagues and friends have already [01:04:44] stated to you the various reasons why, and I'm actually shocked that this is on the agenda. [01:04:50] I'm not surprised, but look at everything that's happened over the last two years. [01:04:57] You've all read the employee survey. [01:04:58] You've all seen it all for yourself. [01:05:01] So all I'm saying is please oppose this because this person that you're going to appoint for [01:05:08] another term, we have seen some disturbing things. [01:05:13] I don't want to see my city attorney digging through a private citizen's trash. [01:05:18] I don't want to see the city attorney aiding and abetting the code enforcement department [01:05:23] that's illegally joined with the police department. [01:05:28] This is not correct. [01:05:30] I am seeing more videos and more videos of our city attorney, I'm not going to say any [01:05:35] names, out with the code enforcement people. [01:05:41] Why is he not litigating the many lawsuits that are coming to the city? [01:05:46] Why are they not getting back to the people who are making public records requests? [01:05:50] Something is fundamentally flawed here, and this is a chance for you all to choose new [01:05:55] leadership. [01:05:57] This is the chance right now, you have this opportunity. [01:06:00] So I'm hoping that just one or two of you, whoever you may be, will understand the gravity [01:06:06] of this situation. [01:06:09] This is not a personal attack. [01:06:11] This is simply speaking on what we have been through, and you all have witnessed what we've [01:06:17] been through. [01:06:18] Some of you have been with us on some of these occasions out while the Proud Boys were around [01:06:24] us. [01:06:25] So what we're saying to you is if the person you're going to appoint for another term is [01:06:31] not going to do anything about what has happened over the last two years, BLM was fined over [01:06:37] $10,000 of fines that were dropped because they were illegally given to us. [01:06:45] So who is in charge of this? [01:06:48] Whose desk does this go by and signs off on this? [01:06:51] I was wrongfully arrested, wrongfully imprisoned, and had to deal with the police officers laughing [01:06:59] and destroying my name and character for two and a half years. [01:07:04] The city attorney could have dropped the case. [01:07:08] They could have all dropped the case, but nobody did. [01:07:10] They pursued me to the fullest extent of the law, and I was acquitted, let me remind the [01:07:15] Council, on May 5th of 2022, as many of you all know, and were made aware via text. [01:07:22] Thank you. [01:07:23] Thank you. [01:07:24] Seeing no one else coming forward, I'll bring it back to Council. [01:07:37] Move for approval. [01:07:48] I believe the motion has failed for lack of a second. [01:07:57] To discuss the issue, I'd like to make another motion, if I could. [01:08:02] I moved, I had asked this body to do some response. [01:08:07] It's extremely uncomfortable to have what may seem like an invasion of private communication [01:08:17] or what may seem like, from a staff level, to be a myopic look into some of the embarrassing [01:08:27] and maybe unprofessional behavior that's been raised today. [01:08:35] I would like to have an opportunity for us to discuss, as a board, where we're at. [01:08:45] I don't understand the gravity of some of these issues. [01:08:50] I don't know the circumstances behind lawsuits that caused me not to express myself, because [01:09:01] I know that we have been put into a position where we have to defend the city, and I do [01:09:09] defend the city. [01:09:10] This is a wonderful city. [01:09:11] I've lived in it my whole life. [01:09:14] As has been stated by George Romanoli, I haven't had any difficulties with our city [01:09:20] attorney, and I'm not here to say I'm not willing to extend his contract, but I think [01:09:25] it's difficult, and we have until the end of September, if I'm not mistaken. [01:09:30] So today is not the day at which his contract goes bad. [01:09:35] Was it September 1st? [01:09:36] Is it? [01:09:37] September 6th is when it's through right now. [01:09:39] And our next meeting is? [01:09:42] September 3rd, I believe it is. [01:09:44] Right. [01:09:45] So I'd like to have us put this back on the agenda, but I'd also like to understand more [01:09:53] about the city's lawsuits and where we stand and sit. [01:09:57] The city attorney serves under our charter, both for the city manager and for the city [01:10:01] council, and if we have opportunities for us to understand what's going on, if there's [01:10:08] current litigation going on, I think we have the ability to have strategy related to that. [01:10:14] But I don't know the details behind this. [01:10:19] I have, and this is not to disparage the city attorney, only to say that some applications [01:10:28] and things have been said about the behavior and the manner in which we've handled our [01:10:32] code enforcement. [01:10:33] But I have advocated publicly for the code enforcement to be an arm of the planning department, [01:10:40] and it appears as if, as I have observed, some of this manner in which the city embarks [01:10:50] on its code efforts, particularly I witnessed the code action against Juan Itaco, who had [01:11:01] done some construction without a permit, incorrectly, and should have been cited. [01:11:09] But I did see that the city came with quite an effort to include fire, building, police, [01:11:23] and so I am concerned about the way in which this is playing out. [01:11:28] It doesn't mean that it falls on you as the attorney, but I am unable to have a clear [01:11:39] understanding of some of these legal issues that the city is facing with right now. [01:11:47] We are restricted if we had a closed meeting, because I understand we have a lawsuit now. [01:11:53] If we don't, then that's, we do not? [01:11:55] Okay, I thought it had been suggested that we had. [01:12:00] So I had asked if we have some discussion about this. [01:12:04] It's, a lot of stuff has been thrown at the staff, and I think there needs to be some [01:12:12] kind of response in terms of these allegations.

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

11. 10Communications▶ 1:12:14
12. 11Adjournment▶ 1:36:06
13. 1Call to Order – Roll Call
14. 3

    Moment of Silence

    Moment of silence.