On the agenda

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

   Pledge of Allegiance

   Council observed a moment of silence for servicemen and women and recited the Pledge of Allegiance.

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   [00:00:08] for a moment of silence in honor of our servicemen and women at home and abroad. [00:00:12] I pledge allegiance to the flag of the United States of America and to the republic for [00:00:18] which it stands, one nation, under God, indivisible, with liberty and justice for all.

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3. 3

   Moment of Silence

   Moment of silence in honor of servicemen and women, followed by the Pledge of Allegiance.

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   [00:00:08] for a moment of silence in honor of our servicemen and women at home and abroad. [00:00:12] I pledge allegiance to the flag of the United States of America and to the republic for [00:00:18] which it stands, one nation, under God, indivisible, with liberty and justice for all.

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4. 4

   Approval of August 16, 2022 Regular Meeting Minutes

   approved

   Council approved the minutes from the August 16, 2022 regular meeting with no discussion.

   • vote:Approve the August 16, 2022 regular meeting minutes. (passed)

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   [00:00:31] Next is approval of the August 16th meeting minutes. [00:00:42] Any discussion? [00:00:43] Hearing none, all those in favor, please signify by saying aye. [00:00:47] Aye. [00:00:48] Opposed? [00:00:49] Like sign. [00:00:50] Motion passes.

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5. 5

   Introduction and Badge Pinning for Fire Captain Robert LaChance

   Fire Chief Fitch introduced and presented the captain's badge to newly promoted Fire Captain Robert LaChance, who finished first in the captain assessment promotional process. His wife Jasmine and five children performed the badge pinning, with family and fire department staff in attendance.

   🏢Hillsborough Community College🏢Hillsborough County🏢Leary Technical Institute👤Barbara👤Chief Fitch👤Jasmine LaChance👤Jeff👤Robert LaChance#C-shift#Captain assessment promotional process

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   [00:00:51] Next is introduction and badge pinning for Fire Captain Robert LeBlanc. [00:00:56] Robert LeChance, I'm going to ask Chief Fitch to come up front and introduce Mr. LeChance [00:01:04] and his family and all of his supporters. [00:01:08] Yeah, we have a lot here. [00:01:10] Yeah, we do. [00:01:12] We've got a big crowd. [00:01:15] So, yeah, before we get started, I'd like to thank all the staff that's here on and [00:01:22] off duty and all of Robert's family, his wife, Jasmine, his five children, his parents [00:01:28] in the back row, for coming and showing your support for Robert's big night. [00:01:35] So just a few words. [00:01:37] Tonight, I proudly stand before you to introduce our newest captain, Robert LeChance. [00:01:43] He was sworn in last month by our city clerk so we could get him started in his new role. [00:01:52] The rank of captain has a lot of responsibilities and it's the first rung in the ladder of leadership. [00:01:58] They're responsible for supervising fire crews during emergency and non-emergency operations. [00:02:05] They're the officer in charge a lot of times, the first one there, responsible for making [00:02:11] split-second decisions that can have significant impacts in determining the outcome of all [00:02:16] types of emergency incidents. [00:02:19] They manage day-to-day operations of staff, apparatus, and equipment. [00:02:23] Most importantly, they're responsible for the accountability and safety of their crew [00:02:28] that's working with them. [00:02:29] Just like I have five children, I'm not responsible for you anymore, I'm responsible for your [00:02:35] children as well. [00:02:36] So, not to say firefighters are like children, but sometimes they are. [00:02:41] I can then ride up as district chief during vacancies when that time comes for Robert. [00:02:49] Robert met the time and educational requirements to participate in the captain assessment promotional [00:02:54] process that included the following components. [00:02:57] Written exam, tactical scenarios, two of them, critical thinking exercise, and a panel interview. [00:03:03] We put together this process because of the importance of the captain position. [00:03:09] We don't take it lightly, we want to make sure that we have the right people sitting [00:03:12] in those seats making those decisions. [00:03:15] So the assessment portion was designed to simulate high-pressure situations common to [00:03:21] the rank of captain, and each exercise was designed to measure the knowledge and ability [00:03:25] of the candidates, which was evaluated and graded by a panel of fire chiefs from outside [00:03:31] jurisdictions. [00:03:32] After all of that, Robert finished number one in the process with the highest weighted [00:03:36] average score. [00:03:38] A little bit about Robert, and if I missed something, help me out. [00:03:43] Robert was born in Tampa, he grew up in Land O'Lakes, spending a lot of time in New Port Richey where many of his family resided. [00:03:49] He graduated high school from Land O'Lakes, he graduated the fire academy and EMT school [00:03:56] from Leary Technical Institute in Tampa. [00:03:59] He graduated paramedic school in 2016 from Hillsboro Community College, and he's been [00:04:06] with the city for six and a half years, and I have to tell you, he's done an outstanding [00:04:10] job, and prior to him starting here with the city, he was with Hillsboro County for about [00:04:16] two. [00:04:17] So currently, he's assigned to the C-shift as a captain. [00:04:22] He's married to his wife Jasmine, and they have five children who are here tonight, and [00:04:28] they will be doing the pinning of his captain's badge. [00:04:33] I invite them up for time. [00:04:38] Who do you want to have the sharp object? [00:04:40] I'll give it to you, Jeff. [00:04:46] That's very helpful. [00:04:48] Thanks, Barbara. [00:05:03] Thank you. [00:05:05] All right, Chief, I'm going to invite the rest of the fire department family up. [00:05:34] And we wanted to get some family pictures before the meeting. [00:05:39] We were unable to, so if any of his extended family would like to get a picture, we'd welcome [00:05:45] them down as well. [00:06:04] All right. [00:06:09] You know, next time. [00:06:17] Oh, yeah. [00:06:34] Yeah. [00:06:39] Squeeze in your hands, give me a hand. [00:06:40] Give me a little hand. [00:06:41] Give me a hand. [00:06:42] Give me the next jump. [00:06:43] Give me the next jump. [00:06:44] You look good. [00:06:45] Yay. [00:06:46] Yay. [00:06:47] Yay. [00:06:50] Yay. [00:07:07] Next I would like to...

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6. 6

   Proclamation - Recovery Month

   approved

   Mayor Rob Marlowe proclaimed September as Recovery Month in the City of New Port Richey, raising awareness of mental health and substance use disorders. Jennifer Webb, Executive Director of Live Tampa Bay, accepted the proclamation and announced the second annual recovery walk on Friday from 5-8 p.m. at Sims Park.

   • direction:Mayor proclaimed September as Recovery Month in the City of New Port Richey. (passed)

   📍Sims Park🏢Baycare🏢HTA🏢Hope Shot Recovery Epicenter🏢Live Tampa Bay🏢PASCO-ASAP👤Altman👤Jennifer Webb👤Mothershead👤Murphy👤Peters👤Rob Marlowe#National Recovery Month#Second Annual Recovery Walk

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   [00:07:17] Next I would like to... [00:07:47] Next I would like to... [00:07:52] I'd like to ask the representatives from ASAP to meet me at the podium, please. [00:07:55] I'd like to ask the representatives from ASAP to meet me at the podium, please. [00:08:17] And this is a proclamation of the city of Newport, Richard. [00:08:19] Whereas mental health and substance use disorders affect all communities nationwide, [00:08:24] with commitment and support those impacted can embark on a journey of [00:08:28] improved health and overall wellness. [00:08:30] And whereas we must celebrate all people that make the journey of recovery possible [00:08:35] by embracing the tagline, [00:08:37] Recovery is for Everyone, Every Person, Every Family, and Every Community. [00:08:42] And whereas the impact of mental health and substance use disorders [00:08:46] is apparent in our local community, [00:08:49] last year more than 30 people died in the Tampa Bay region each week from fatal opioid overdoses, [00:08:56] yet 34 opioid overdoses were successfully reversed by first responders [00:09:02] each and every day in the Tampa Bay region in 2021. [00:09:07] Whereas Florida had a total of 42,380 non-fatal overdoses last year, [00:09:14] and the Tampa Bay region had 12,449 non-fatal overdoses in 2021. [00:09:21] And whereas the overdose epidemic has touched the lives of all of our community, [00:09:26] regardless of race, ethnicity, socioeconomic status, primary language, [00:09:31] sexual orientation, religious affiliation, or educational attainment, [00:09:36] and whereas through National Recovery Month, [00:09:38] people become more aware and able to recognize the signs of mental health [00:09:42] and substance use disorders [00:09:44] and encourage people in the need of recovery services to seek help. [00:09:48] Managing the effects of these conditions helps individuals achieve healthy lifestyles, [00:09:53] both physically and emotionally, [00:09:55] and whereas the Recovery Month observance continues to work to improve the lives [00:09:59] of those affected by mental health and substance use disorders [00:10:03] by raising awareness and educating communities about the effective services that are available. [00:10:09] Now, therefore, I, Rob Marlowe, Mayor of the City of New Port Richey, [00:10:12] do hereby proclaim the month of September as Recovery Month in the City of New Port Richey [00:10:18] to help more people achieve and sustain long-term recovery [00:10:22] and urge all residents to participate in the continual education [00:10:26] and recognition of those who help sustain long-term recovery and health-seeking behaviors. [00:10:32] And for any of you who haven't noticed, the bridge is lit up for the month as well. [00:10:38] So with that, if you'd like to say a few words and tell folks what you're going to be doing Friday. [00:10:47] I would love to. Thank you so much, Mayor Marlowe, Deputy Mayor Peters, [00:10:51] Councilwoman Mothershead, and Councilmen Altman and Murphy. [00:10:57] I am Jennifer Webb. I am the Executive Director of Live Tampa Bay, [00:11:01] and we are a member of PASCO-ASAP, and PASCO-ASAP is a member of our regional coalition. [00:11:07] And this year we asked the cities of New Port Richey to join with the City of Tampa, [00:11:13] the City of St. Petersburg, and the City of Bradenton in issuing proclamations [00:11:18] and lighting up their cities purple to raise awareness of the fact that it's not an individual city, [00:11:23] but entire region, and indeed our nation, is suffering from this. [00:11:27] And so on Friday, many of our partners are having events, and on Friday from 5 to 8 p.m. in Sims Park [00:11:34] will be the second annual recovery walk, and there will be vendors there from treatment centers [00:11:39] and other recovery centers, along with folks sharing their stories of recovery. [00:11:45] And why that's important is that what the data show is that the more that we focus on stories of recovery, [00:11:51] the more apt people who need help are to get it, and that data bears that out. [00:11:59] And so please join me and others on Friday from 5 to 8 in celebrating Recovery Month, [00:12:04] and I want to thank the city, organizations here like PASCO-ASAP, the Hope Shot Recovery Epicenter, [00:12:14] Baycare, HTA, and all of our additional partners in helping to make this proclamation possible. [00:12:20] Thank you, Mayor. [00:12:25] Thank you.

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7. 7

   Proclamation - Gulf High School 100th Anniversary

   approved

   The City Council issued a proclamation congratulating Gulf High School on its 100th anniversary, recounting the school's history since 1922 and commending its commitment to excellence. School representatives accepted the proclamation and noted upcoming centennial celebrations.

   • direction:City Council issued a proclamation congratulating Gulf High School on its 100th anniversary. (passed)

   📍Louisiana Avenue📍School Road🏢Gulf High School🏢Newport Richey Grammar School👤E.B. O'Berry👤Elvira Remick👤F.H. Trimble👤Jeff Morgenstern👤Manz👤Rob Marlowe#Gulf High School 100th Anniversary#International Baccalaureate Diploma Program

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   [00:12:32] We have Jeff Morgenstern with us tonight. Come on down. [00:12:37] Good morning. This is Elvira Remick. She is the Executive Board President of Gulf High School. [00:12:46] Very good. Whereas on March 24, 1922, Superintendent E.B. O'Berry received from the architect F.H. Trimble [00:12:56] profiles of Gulf High School, which is to be built this summer on the bank of the Pithlichess Cody [00:13:01] to accommodate the children of the Gulf Coast of PASCO County, and whereas on September 18, 1922, [00:13:08] Gulf High School opened with 40 students in grades 6 through 11, and whereas on October 19, 1922, [00:13:16] the Gulf High School boys baseball team defeated a team from the New Port Richey Grammar School [00:13:21] in a final score of 4 to 1, marking the first known athletic event involving Gulf High School, [00:13:27] and whereas on April 29, 1924, Gulf High School held its first graduation ceremony with a senior class of 11 students. [00:13:36] In May 2009, Gulf High School graduated its first senior class of International Baccalaureate Diploma Program students, [00:13:44] and whereas over the course of the past century, Gulf High School alumni have included numerous notable public servants [00:13:51] and community leaders, and whereas Gulf High School moved from Louisiana Avenue to its current location on School Road [00:13:58] in September of 1971, construction began earlier this year on a new state-of-the-art building on the current campus site, [00:14:07] whereas Gulf High School will celebrate its 100th anniversary on September 18, 2022. [00:14:13] Therefore, the City Council of the City of New Port Richey deems it proper and necessary to congratulate Gulf High School [00:14:19] on this momentous occasion, and therefore I would like to invite Mayor Rob Marlowe of the City of New Port Richey [00:14:24] to hereby congratulate Gulf High School on their 100th anniversary and commend them for their commitment to excellence [00:14:30] in academics, athletics, clubs, and service organizations, serving students from all regions of western Pasco County [00:14:37] and the City of New Port Richey, and as one edit to that, while the School Road location opened in September of 1971, [00:14:48] it opened as the middle school, because those of us who were in high school were still at the Louisiana Road, [00:14:55] and I had, not this month, [00:15:00] But next month, my class will be celebrating its 50th reunion. [00:15:05] So, if you'd like to say a few words. [00:15:11] City Council Members, Mayor Marlow, City Manager Manz, [00:15:15] we are honored to be here for your recognition of 100 years [00:15:20] of Gulf High School history in several locations. [00:15:23] Its original building on Gulf and then moved to other locations. [00:15:29] We are not only, as we say, sailing the rising tide [00:15:33] and reaching new horizons now as we celebrate 100 years, [00:15:36] but we are building for our next century. [00:15:39] And we are proud to be a cornerstone of the City [00:15:42] of New Port Richey, and we look forward [00:15:44] to another 100 years serving the students and the community [00:15:47] and building that servant leadership that is represented [00:15:51] by so many people in this room [00:15:53] who are graduates of our high school. [00:15:55] We thank you. [00:15:57] Alira? [00:15:58] I didn't really prepare anything, but I just wanted [00:16:01] that they say thank you for all that you do [00:16:05] in having us celebrate our 100th year anniversary. [00:16:10] It's very special. [00:16:11] And we've got a 100th anniversary football game coming [00:16:14] up a week from Friday? [00:16:16] Oh, yes, we do. [00:16:17] Okay. [00:16:18] It's going to be very exciting, and as being a part [00:16:21] of the student government and being president [00:16:23] of the Executive Board, we're planning a lot [00:16:25] of fun things for this year. [00:16:26] And especially for our alumni, we want to make it fun [00:16:29] for everyone who's graduated before. [00:16:32] Very good. [00:16:32] Thank you. [00:16:33] Thank you very much. [00:16:33] Thank you. [00:16:35] Thank you. [00:16:37] Thank you. [00:16:39] Thank you. [00:16:41] Thank you. [00:16:42] Next is Fox Pop.

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8. 8Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda▶ 16:46
9. 9.a

   Purchases/Payments for City Council Approval

   approvedon consent

   Council approved the consent agenda for purchases/payments with no items pulled. A councilmember also asked Ms. Mance to follow up on the status of an unspecified grant.

   • motion:Motion to approve the Consent Agenda. (passed)
   • direction:Direction to Ms. Mance to follow up on the status of a grant. (none)

   👤Ms. Mance#Consent Agenda

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   [00:42:20] Ms. Mance, could you find out what the status is on that grant? [00:42:24] I'll need a little bit more information, but I'd be more than glad to follow up. [00:42:29] If you would, please. Thank you. [00:42:32] Next is the Consent Agenda. [00:42:35] Move for approval. [00:42:37] Second. [00:42:41] Any items to be pulled? [00:42:43] Hearing none, all those in favor, please signify by saying aye. [00:42:47] Aye. [00:42:48] Opposed, like sign. [00:42:50] Motion passes.

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10. 9.b

    Cultural Affairs Committee Minutes - April 2022

    approvedon consent

    Council requested staff follow-up on the status of a grant referenced in the Cultural Affairs Committee minutes, then moved into the Consent Agenda which was approved unanimously.

    • motion:Motion to approve the Consent Agenda. (passed)
    • direction:Direction to Ms. Mance to follow up on the status of a grant. (none)

    👤Ms. Mance#Consent Agenda#Cultural Affairs Committee Minutes - April 2022

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    [00:42:20] Ms. Mance, could you find out what the status is on that grant? [00:42:24] I'll need a little bit more information, but I'd be more than glad to follow up. [00:42:29] If you would, please. Thank you. [00:42:32] Next is the Consent Agenda. [00:42:35] Move for approval. [00:42:37] Second. [00:42:41] Any items to be pulled? [00:42:43] Hearing none, all those in favor, please signify by saying aye. [00:42:47] Aye. [00:42:48] Opposed, like sign. [00:42:50] Motion passes.

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11. 9.c

    Consideration of Amendment to the FY22 Adopted Budget

    approvedon consent

    Council moved and approved the Consent Agenda without pulling any items. The transcript snippet for this item also includes a brief direction to Ms. Mance to follow up on the status of an unspecified grant.

    • motion:Motion to approve the Consent Agenda. (passed)
    • direction:Staff (Ms. Mance) directed to follow up on the status of a grant. (none)

    👤Ms. Mance#Consent Agenda#FY22 Adopted Budget Amendment

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    [00:42:20] Ms. Mance, could you find out what the status is on that grant? [00:42:24] I'll need a little bit more information, but I'd be more than glad to follow up. [00:42:29] If you would, please. Thank you. [00:42:32] Next is the Consent Agenda. [00:42:35] Move for approval. [00:42:37] Second. [00:42:41] Any items to be pulled? [00:42:43] Hearing none, all those in favor, please signify by saying aye. [00:42:47] Aye. [00:42:48] Opposed, like sign. [00:42:50] Motion passes.

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12. 10.a

    Board Appointment: Leonard Gravitz, Environmental Committee

    approved

    Council appointed Leonard Gravitz to the Environmental Committee for a two-year term ending September 6, 2024. Mr. Gravitz, a 12-year resident, spoke briefly expressing his interest in serving.

    • motion:Motion to appoint Leonard Gravitz to the Environmental Committee for a two-year term through September 6, 2024. (passed)

    👤Leonard Gravitz#Environmental Committee

    ▶ Jump to 42:52 in the video

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    [00:42:52] Next, we'll go to Board Appointment. [00:42:55] Leonard Gravitz to the Environmental Committee. [00:42:58] We have Mr. Leonard Gravitz as an applicant [00:43:01] to serve on the Environmental Committee. [00:43:04] I believe he is in attendance this evening [00:43:06] and he's making his way to the podium. [00:43:09] He's an anxious gentleman to serve on the Environmental Committee. [00:43:14] The current term is for a two-year period of time. [00:43:19] He meets the requirements to serve on the Environmental Committee. [00:43:23] And if you see fit to appoint Mr. Gravitz to serve on the committee, [00:43:29] his term would span through September 6th of 2024. [00:43:36] Open it up for public comment, Mr. Gravitz. [00:43:39] I've lived in Newport Ridge for about 12 years [00:43:43] and I'm looking forward to working more closely [00:43:47] with the various machinery that makes the city work. [00:43:51] I enjoy living here. [00:43:53] My family enjoys living here. [00:43:55] And there are many, many good things that this community does. [00:43:59] And I'd like to see more of the same. [00:44:04] Move for approval. [00:44:05] Second. [00:44:07] Any discussion? [00:44:09] Sounds like a good speech for a non-paid job. [00:44:14] Thank you for being involved. [00:44:16] My pleasure. [00:44:18] All those in favor, please signify by saying aye. [00:44:21] Aye. [00:44:22] Opposed, light sign. [00:44:23] Thank you. [00:44:24] Next is board reappointments. [00:44:26] Dana Suders and Rob Omen to Parks and Rec. [00:44:28] Yes, we have... [00:44:30] Congratulations. [00:44:31] Thank you. [00:44:32] We have Ms. Dana Suders, whose term expired on the Parks and Rec Advisory Board [00:44:38] on March 5th of 2022. [00:44:41] Mr. Rob Omen, whose term expired on May 17th of 2022, [00:44:48] both of whom are seeking reappointment to the board. [00:44:53] And if you approve their appointments, [00:44:58] the terms are for... [00:45:00] three-year period of time, and their renewals would be through September 6th

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13. 10.b

    Board Re-Appointments: Dana Suiters and Rob Oman, Parks and Recreation Advisory Board

    approved

    Council re-appointed Dana Suiters and Rob Oman to the Parks and Recreation Advisory Board with terms running through 2025. The motion passed unanimously by voice vote.

    • motion:Approve re-appointment of Dana Suiters and Rob Oman to the Parks and Recreation Advisory Board with terms through 2025. (passed)

    👤Dana Suiters👤Rob Oman#Parks and Recreation Advisory Board

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    [00:45:06] of 2025, and I do not believe either of them are in attendance this evening. [00:45:14] I'll comment. Anyone? Seeing none, bring it back to Council. I'll move approval. Second. [00:45:22] Discussion? All those in favor, please signify by saying aye. Aye. Opposed, like sign. [00:45:29] Motion passes. Next is a mural design approval request. It's actually a two-part agenda item, Mr. Mayor, and we have the

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14. 10.c

    CAC Mural Art Design Approval and Funding Request RE: Mural for Main Street Food Mart

    approved

    Council considered approval of a mural design and a $3,000 appropriation to hire local artist Adonis Paul Hunter to paint a 'It's a sunny day' mural on the west-facing Jefferson Street wall of the Main Street Food Mart. After debate over the prominence of the lettering and a near-resignation from the CAC chairman, council approved the mural and funding as proposed on a 3-2 vote.

    • motion:Motion to approve the mural design and $3,000 appropriation to hire Adonis Paul Hunter to paint the mural as proposed. (passed)3–2

    📍west-facing wall on Jefferson Street of the Main Street Food Mart🏢Cultural Affairs Committee🏢Fitzgerald's🏢Main Street Committee🏢Main Street Food Mart👤Adonis Paul Hunter👤Alderman👤Jeanine Humphrey👤Kelly👤Peter👤Rich Melton#$3,000 mural appropriation#CAC Mural Art Design Approval

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    [00:45:41] Chairman of the Cultural Affairs Committee in attendance this evening, Mr. [00:45:44] Richmelton, in the back of the room. The first part of the request relates to [00:45:51] your consideration of a mural design which has been approved by the Main [00:45:57] Street Committee. It is contained in your packet, and it is largely a graphic [00:46:05] representation of a sunrise or a sunset, I would say, with some real, with some [00:46:17] prominent lettering to indicate that it's a sunny day, and it is proposed to [00:46:23] be established on the west-facing wall on Jefferson Street of the Main Street [00:46:30] Food Mart. If you determine that that's an appropriate mural, then the second [00:46:37] part of the recommendation before you this evening is to consider the Cultural [00:46:45] Affairs Committee recommendation that you consider the approval of a $3,000 [00:46:51] appropriation for the purposes of establishing the mural on the wall, and [00:46:58] the interest is in hiring Adonis Paul Hunter, a local artist, to establish the [00:47:09] mural in the amount of $3,000. Open it up for public comment. Seeing no one come [00:47:18] forward, bring it back to Council. I'll move approval for the purpose of the [00:47:26] discussion. We have a second? I'll second. Okay, to the maker. Yes, in my backup [00:47:32] material, I see the minutes. Am I missing a picture of this mural? It could be, and I'd be glad to pass one down to you, if you'd like to. [00:47:39] It's a sunny day. It's sort of hard to see without it. This is the building on the corner of? Right across the street. [00:47:52] Across the street, Dr. Grassen's? No, no, the mini-park. Mini-park across the street. [00:48:03] The store corner where all the cars park. Sure. To the second? I'm fine with it. Deputy Mayor? So, [00:48:22] interestingly, I know some of you know that I have a little bit of history with the [00:48:27] mural program downtown in Fort Ritchie, and I think the first set of murals was set out [00:48:35] to be historical, and I think they had categories of historical in nature or fauna and floral, [00:48:45] and I think that held true, and those have served us very well. Jeanine Humphrey led [00:48:51] that committee when that was first established, and I know it was quite controversial at that [00:48:56] point in time, but I think those murals have served us pretty well. I think they all still [00:49:00] exist except for maybe one that got painted over there on Bourbon on Main for some reason. [00:49:06] I think that's the one the city paid for, and it got painted over. But anyway, and since [00:49:14] that time, we've had a little bit of pause in murals with the exception of the newest [00:49:19] one there on Fitzgerald's, which depicts the kind of movie theme that we were hoping [00:49:25] to be back in the 20s, and there's been some discussions I've heard within the community [00:49:33] about hey, let's get something a little bit more artsy, let's get something maybe a little [00:49:36] bit more fun, and you know, spice it up, or more of a variety, which I'm okay with. I [00:49:46] think that when we go to murals, it's got to have some kind of artistic touch and interpretation. [00:49:54] This particular mural, and quite frankly, that building could use some improvement, [00:50:00] and maybe this does that. I'm just a little bit cautious about the verbiage on there. [00:50:07] I would be more inclined to be a supporter of this if maybe the wording wasn't on there, [00:50:18] we don't have any wording on our other murals, and that would leave it more of artistic interpretation [00:50:26] and design. It couldn't be a sunset, or it could be a sunrise. I'm not a real big fan [00:50:40] of having the verbiage on a mural. [00:50:45] Let me offer an amendment to the motion, if I can, which would be that the verbiage of [00:50:52] the mural, that we relegate that to a size that is readable from someone who's close [00:51:02] to it, but not in this sort of big, let's see the picture. I think if there's some interest [00:51:09] in having murals that have some kind of a little, you know, theme, or thing like that, [00:51:18] that's fine, but that the verbiage could not exceed the city's sign ordinance with respect [00:51:26] to that wall in terms of the space that it takes place of. I don't think we allow, or [00:51:36] we kick it back and get some recommendation, but I can go along with yours and ask that [00:51:42] we get maybe, I mean, you want to recommend an amendment, I'll consider it. [00:51:46] I was thinking, some along those lines, Councilman, I was thinking, there's been a lot of work [00:51:54] already done on this, right? You've gotten approval by the building owner, and we've [00:51:59] got renderings, and so forth, and you've got a price to do it, and so forth. I'm just thinking [00:52:06] maybe there might be a way to send it back to the committee and ask them to, you know, [00:52:14] I'm in favor of putting a mural there, very much so, and maybe just a re-review, maybe? [00:52:26] Yeah, may I speak? How about we kick it back to them and maybe have a couple of different [00:52:32] options? Maybe we can kick it back and maybe get a few options, and maybe they can pick [00:52:40] out the one they like the best, and kind of go from that, instead of just having one option. [00:52:45] I like all the colors in it, and I think that, you know, something that's that bright and [00:52:50] colorful, I think, make people smile when they walk by, and that's not a bad thing. [00:52:54] I really do like having all those colors. Now, I could see why you would want the wording [00:52:58] maybe a little bit smaller, but I like the mural itself. [00:53:01] I don't have any problem with the thing the way it is. I think it looks nice. [00:53:07] I'm going to withdraw my motion, so maybe we could hear from the, well, just so maybe [00:53:13] we could hear from somebody, because when we're in a motion, it really, it's hard for [00:53:17] Robert's Rules to be taking anybody's comments, so I'm going to withdraw my motion, if you [00:53:21] would draw your second for the purpose of hearing from what our chairman of our cultural [00:53:28] committee has to say, if you'd be willing to come forward. [00:53:31] I would ask the chairman to come forward, please. [00:53:35] Good evening. I thank you for hearing this, this evening, even though, personally, my [00:53:41] opinion of this is, I don't feel it should be a city councilman's decision, or woman, [00:53:47] for that matter, to make decisions about what's going to be put on a side of a building. [00:53:52] Now, I agree, it's being used with city funds, so your input should be limited to, I mean, [00:53:59] the cultural affairs chair and our committee has made huge strides to make this happen, [00:54:05] and the amount of time that it has taken to even get it this far to be kicked down the [00:54:10] road again, if it gets kicked down the road, I'm telling you right now, you will have my [00:54:14] resignation today, because I worked far too hard to have to keep coming back here to get [00:54:21] the simplest of things done, so if you want my resignation, I'll give it to you right [00:54:26] now. [00:54:27] Can I speak to you? [00:54:30] Sure. [00:54:31] So, you're an art dealer. [00:54:34] I am. [00:54:35] Okay, so, you're an expert. [00:54:37] 30 years. [00:54:38] Okay, you're an expert. So, I was about to suggest some kind of percentage to say that [00:54:44] a percentage of a building, because we're establishing a precedent, if we have a picture [00:54:49] that is overrun by a message, I need your help on this. [00:54:55] Only when it's in advertising though, Peter. [00:54:57] It's only listed as, it can't be the verbiage of advertisement. [00:55:01] This is the furthest thing from advertisement. [00:55:04] This is, it's a sunny day. [00:55:06] I don't know how much more simplistic a saying could be for the city. [00:55:11] And it could be Ronald Reagan's son saying that I'm perfectly happy to rot in hell, you [00:55:19] know, which he said on a TV commercial once, because he has a right to say whatever he [00:55:23] wants to say. [00:55:24] So, we are already faced with, as a council, and I agree with you, we don't want to control [00:55:33] language. [00:55:35] If we're going to pay for it and we have some input, then yes. [00:55:41] If that person wants to paint that on there without the funds, I'm assuming that they [00:55:48] can. [00:55:50] So, it's because I don't want you to resign. [00:55:54] I'm going to make the motion that we approve this, but limit the space of the verbiage [00:56:01] to 20% or less of the face of the building area. [00:56:06] And then I'm going to have to make another rendition that I'm going to have to get this [00:56:10] checked off by the business owner. [00:56:14] All these other hoops I have to go through just because of that. [00:56:17] I'm not doing it. [00:56:18] I'm sorry. [00:56:19] And you can have my resignation. [00:56:21] I've just had enough. [00:56:23] If that's what you want to do, let me know. [00:56:26] Well, I don't want to box you in a corner, but do you realize how much I do for the city [00:56:33] and the cultural affairs? [00:56:35] It's not about you. [00:56:36] It is. [00:56:37] No. [00:56:38] Because this is all just redundancy. [00:56:41] First time I've seen it. [00:56:45] We've been trying to get this on the docket for months. [00:56:48] We haven't had a quorum for the last three months. [00:56:53] Thanks. [00:56:54] Let's see what happens. [00:56:55] Thank you. [00:56:56] Thank you. [00:57:08] Let's give the gentleman what he wants. [00:57:10] What is the issue? [00:57:12] I think it's great. [00:57:13] Let's do murals. [00:57:14] We did murals, like you said, a long time ago. [00:57:17] I don't know if they were culturally accurate because it really didn't depict the African American population that built this city. [00:57:23] But let's actually do it. [00:57:25] Let's stop wasting time. [00:57:27] Like that man said, he's worked his butt off for the city. [00:57:30] And I have seen so many people come before you guys and saying the same thing. [00:57:34] You'll spend a million dollars on the high sienda without a question. [00:57:38] So let's make the city look beautiful. [00:57:40] I stand with him. [00:57:41] Thank you. [00:57:42] I would make a motion. [00:57:48] Well, I'll make a motion. [00:57:50] But I don't know if we should be tying art and things like that into a sign ordinance and percentages and things like that. [00:57:57] I don't think that's what we need to do because then it just puts a stranglehold on the artistic ability. [00:58:05] But, I mean, I'll make a motion for it. [00:58:11] And I'll second it. [00:58:12] Okay. [00:58:13] Anything else in the making? [00:58:14] No. [00:58:16] Kelly? [00:58:17] No, I just think that that's something that we need in our city. [00:58:19] We need the color. [00:58:20] And if it takes having the writing on there to have a sunny day to do that, I think that it's worth doing. [00:58:26] I think the writing's an integral part of the art, personally. [00:58:30] Deputy Mayor? [00:58:31] I kind of already explained where I was. [00:58:33] Okay. [00:58:34] Mr. Alderman? [00:58:35] Yeah. [00:58:38] All right. [00:58:39] If there's no further discussion, all those in favor, please signify by saying aye. [00:58:44] Aye. [00:58:45] Aye. [00:58:46] Opposed? [00:58:47] Aye. [00:58:48] Aye. [00:58:49] The motion passes on a 3-2. [00:58:55] Next is Resolution 22-12, Annual Approval of the Comprehensive Fee Schedule.

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15. 10.d

    Resolution No. 2022-12: Annual Approval of the Comprehensive Fee Schedule

    approved

    Council adopted Resolution 2022-12 approving the comprehensive fee schedule for FY 2022-2023, with modest increases to certain administrative (handbill license) and fire department (residential plan review) fees. Public comment and council discussion focused on Parks and Recreation membership fees, with multiple members expressing interest in revisiting resident discounts in the future, but approving the schedule as presented for now.

    Ord. Resolution No. 2022-12

    • motion:Motion to approve Resolution 2022-12 adopting the comprehensive fee schedule for FY 2022-2023. (passed)

    📍7124 Meeting Court👤Altman👤Bob Smallwood#American Rescue Act funding#Comprehensive Fee Schedule FY 2022-2023#Fire department residential plan review fees#Handbill license fees#Parks and Recreation membership fees#Resolution No. 2022-12

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    [00:59:00] This is Resolution 2022-12, a resolution of the City Council of the City of New Port Richey, Florida, [00:59:07] providing a comprehensive table of fees for fiscal year 2022-2023, modifying certain fees, providing an effective date. [00:59:17] Every year in advance of the adoption of the budget, [00:59:25] the staff reviews our annual fee schedule to determine if the fees for service are appropriate. [00:59:34] This year we are recommending that there are a few administrative fees and fire department fees that warrant some changes, [00:59:49] and they are indicated to you in the attachment to our communication to you. [00:59:56] They relate specifically to you. [01:00:00] You hand bill license fees, and in the fire department fees, [01:00:07] they relate to residential fees for plan reviews. [01:00:16] And with that, those are the only fees [01:00:19] that we're recommending any increase in our fee [01:00:23] schedule for the fiscal year 22-23 year. [01:00:33] Open it up for public comment. [01:00:44] I'm Bob Smallwood, 7124-ME-IN-COURT. [01:00:48] And just wanted to get up and talk specifically [01:00:50] about the park and recreation fees. [01:00:52] And I know I've said this in multiple years. [01:00:55] I haven't come up here in the last couple of years. [01:00:57] But to me, it seems you're giving [01:01:01] the citizens of the city only a 20% discount [01:01:03] on a lot of the services and renting facilities, [01:01:07] when the entire cost of the staff, the operations, [01:01:10] the debt services of all these facilities [01:01:12] are being carried directly to the citizens of New Port Richey. [01:01:17] And my understanding is the county [01:01:18] doesn't contribute any of their parks and recs funds [01:01:21] to the city to operate any of these facilities. [01:01:24] So you're only giving the citizens a 20% discount, [01:01:27] where it's a great deal for the county residents, [01:01:29] because they only pay a 20% premium, [01:01:31] but they don't have to pay the city taxes to utilize [01:01:33] the facilities and have the services. [01:01:35] So I was very hopeful. [01:01:37] I know during the budget discussion, [01:01:39] you guys talked a little bit about changing or eliminating [01:01:43] some of the fees for city residents. [01:01:46] I was very hopeful to see some of that in the fee structure, [01:01:48] but I don't see anything. [01:01:50] I'm hoping you can reconsider that, [01:01:54] hopefully maybe with a new parks and recs director too, [01:01:56] that you can find more ways to create revenue [01:01:58] so that you can lower the cost of the citizens. [01:02:02] I know there's certain times a year [01:02:04] you give the citizens a price break. [01:02:06] Maybe that should be the standard price for the citizens. [01:02:08] It should be more than a 20% discount. [01:02:11] It should be more like 50%, at least. [01:02:14] Thank you. [01:02:14] Thank you. [01:02:15] Anyone else? [01:02:17] Seeing no one else come forward, bring it back to council. [01:02:25] Move for approval. [01:02:27] Second. [01:02:28] The maker? [01:02:29] Nothing. [01:02:29] Second. [01:02:31] Yeah, I appreciate Mr. Smallwood's comments [01:02:36] in regards to that. [01:02:37] I mean, you see our library is, residence fees [01:02:43] for a library card is zero. [01:02:46] Or is it non-residence? [01:02:47] It's, I think, $25, something to that effect. [01:02:51] And I'd love to see the fact that we have, [01:02:58] first of all, the fee schedule there for the parks [01:03:01] and rec center and what we have to offer, [01:03:04] I think, is a bargain at the prices we charge. [01:03:08] I tend to think it's maybe charging outside residents, [01:03:13] maybe they're getting too good a break. [01:03:16] But, and I know that we have some scholarship funds [01:03:23] that we pass along to folks who, [01:03:27] and particularly families with kids [01:03:30] that may not be able to afford. [01:03:33] I would kind of lend my credence to, [01:03:37] if we're gonna make some adjustments there, [01:03:40] is that we maybe find more ways to get scholarships [01:03:43] for memberships for the rec center [01:03:45] as opposed to reducing overall fees. [01:03:48] I know a lot of our residents don't utilize the parks [01:03:54] or the rec center, and yet their tax dollars [01:03:58] are going that way. [01:03:59] I'd encourage them to come out and utilize it [01:04:01] and see it, they would appreciate it. [01:04:04] So, I certainly hear Mr. Smallwood's comments [01:04:11] and I think it's something that we should have [01:04:15] for more in-depth discussion. [01:04:18] But, for the sake of getting this moved on, [01:04:21] I would go in favor of this as it is now. [01:04:26] I wholeheartedly agree. [01:04:29] Mr. Allman. [01:04:31] Yeah, I have a good bit to say. [01:04:32] I've already said it, I haven't had any response, [01:04:34] but I will tell you that places that really want [01:04:39] to promote healthy lifestyles and living [01:04:41] and to get the youth and folks to use facilities, [01:04:47] I've talked to a number of people who live in this city [01:04:50] who do not get their membership fees, [01:04:53] don't join it as a member, [01:04:58] and I think all of our city residents are paying for it [01:05:01] and they ought to be able to use it [01:05:03] and pay their $3 at the door when they go [01:05:06] as many times as they go. [01:05:10] Workout rooms, pools, whatever, [01:05:14] memberships are traditionally, [01:05:18] you spend a lot of money, [01:05:19] you make a New Year's resolution, [01:05:21] you're going to get in shape, [01:05:21] you're going to go to the gym every day, [01:05:23] and then after about a month, [01:05:24] you stop going to the gym and you don't use it. [01:05:27] I've talked to a number of people who've said [01:05:29] they would use it more if we just opened it up for them. [01:05:32] And I just have to say, [01:05:35] when we got the American Rescue Act money over a year ago, [01:05:40] which was meant to support and help the people [01:05:41] of our community through the pandemic, [01:05:44] and we used the money internally to some degree [01:05:48] to help our essential services, [01:05:51] and many of the people who live in the city [01:05:52] are just as essential. [01:05:54] It's now exiting. [01:05:56] Are just as essential, [01:05:58] whether it be working in a grocery store, [01:06:01] a bar, a restaurant, in the public eye every day. [01:06:05] And if there was something we could do [01:06:08] to cover the cost of the fees, [01:06:13] it's a way to support health, outdoor, [01:06:16] healthy outdoor living, and all of that. [01:06:19] There are many communities that do not have a membership. [01:06:23] The city manager commented to me [01:06:25] that the county has an interest in being able [01:06:29] to have us serve their residents. [01:06:32] And you also made, yeah, [01:06:35] and you also made a comment that, [01:06:37] when I said, let's not have the fees that, [01:06:39] you know, maybe everybody would come [01:06:42] and we would be overwhelmed, [01:06:43] which, you know, sometimes can happen, [01:06:48] but everybody is paying for it. [01:06:52] And asking someone to pay another fee [01:06:54] to be a member of the organization [01:06:56] that they're taxpaying, dollars they're already paying for, [01:07:00] to me is something we don't have to do. [01:07:03] It's a couple hundred thousand. [01:07:04] If I ask for a breakdown of how much it was, [01:07:09] maybe I'll approve, you don't need my vote, [01:07:13] but I'll give you my vote [01:07:15] if you'll consider looking at these fee structures [01:07:19] for our residents as a way to encourage [01:07:21] the people who do pay the taxes. [01:07:24] And, you know, 50%, the difference, you know, [01:07:27] here or there, I'm saying, [01:07:28] you live in the city, you go to the rec center. [01:07:31] You pay $3 like you do at Largo [01:07:33] or some of these other city pools and city facilities. [01:07:39] Asking a family that's hard-pressed with children [01:07:42] to pay, you know, the family rate as a resident [01:07:47] for the year, $410, that could be a lot of money. [01:07:56] So they'll wait for the discount, [01:07:58] do it just during the summer when school's out. [01:08:00] And so we're not getting their money. [01:08:03] I'd rather see them using the rec center all year [01:08:06] and keeping our facility active. [01:08:10] So could we talk about it again sometime [01:08:13] between now and next year? [01:08:15] I know you've mentioned looking at it. [01:08:18] Could we do some little look around to see how others? [01:08:22] And, you know, if we made it free for our residents, [01:08:26] then that's something that the county residents [01:08:29] would go back to the county and say, [01:08:31] well, I have to pay for it. [01:08:32] And why is that? [01:08:33] It's like because county is taking our recreation money [01:08:37] and putting it in other facilities [01:08:39] and we're serving county residents [01:08:41] in a facility they designed their system around. [01:08:45] So they've been using our system [01:08:48] to provide this service to county residents since day one. [01:08:52] My speech is over. [01:08:54] Thank you. [01:08:55] I'm one of those folks that has the best of intentions. [01:09:04] In my case, I've got the equivalent of silver sneakers, [01:09:10] although that's not what it's called, [01:09:14] which provides me with a free membership to the rec center. [01:09:17] And I really should go far more often than I do. [01:09:21] Generally, I get there in time [01:09:22] to make sure my card hasn't expired. [01:09:26] But there is something to be said [01:09:29] for adjusting the membership rates. [01:09:36] I'm presuming that this comprehensive fee schedule [01:09:40] is in anticipation of trying to get the budget balanced [01:09:45] and ready to go out. [01:09:47] So I'm inclined to support it tonight, [01:09:52] but as like Mr. Altman, I'd love to revisit [01:09:58] and figure out what sort of numbers [01:10:00] actually would be involved if we went [01:10:04] to a significantly deeper discount for the residents. [01:10:12] And that may mean we need to look [01:10:14] at the non-resident fees also, [01:10:17] but we don't need to try to do that tonight [01:10:21] from the dais, I would toss that back to you guys [01:10:25] to try to figure out what might be an alternative [01:10:29] that would encourage some of our local residents [01:10:32] to city residents to take better advantage of it than I do. [01:10:39] So any other discussion? [01:10:44] Hearing none, all those in favor, [01:10:45] please signify by saying aye. [01:10:49] Opposed, like sign. [01:10:51] Motion passes. [01:10:52] Next, 2022 Wastewater Treatment Plant, [01:10:54] 24-inch Affluent Pipe Replacement. [01:10:57] As most of you will recall, in May of 19, [01:11:02] the city initiated, not intentionally,

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16. 10.e

    2022 WWTP 24” Effluent Pipe Replacement – Project Close Out

    approved

    Council approved project close-out for the 2022 WWTP 24" Effluent Pipe Replacement, including a deductive change order of $32,766.88 and final pay request of $312,896.87 to contractor KRI. The project replaced two 24-inch pipes and installed two 24-inch valves on the east side of the wastewater treatment plant, with 49% of funding from Pasco County.

    • motion:Approve the deductive change order and final pay request for the 2022 WWTP 24" Effluent Pipe Replacement project close-out. (passed)

    🏢FGUA🏢KRI🏢Pasco County👤Mr. Allman👤Mr. Rivera👤Ms. Mann#2020 Wastewater Treatment Plant Process Piping Condition Assessment and Report#Interlocal agreement with Pasco County/FGUA#Water and Sewer Utility Construction Funds account 0963

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    [01:11:05] but a very large project at the wastewater treatment plant. [01:11:10] And we entered into a contract with KRI [01:11:15] in the amount of $364,800. [01:11:22] And tonight's agenda item covers both [01:11:28] a deductive change order in the amount of $32,766.88 [01:11:37] and a final pay request in the amount of $312,896.87. [01:11:46] For the construction of a 24-inch [01:11:52] Affluent Pipe Replacement project. [01:11:54] And Mr. Rivera is prepared to talk to you a little bit [01:11:57] about the details of that project. [01:12:00] Just to add to what Ms. Mann said, [01:12:02] the work was called out in the city's 2020 [01:12:05] Wastewater Treatment Plant Process Piping Condition [01:12:09] Assessment and Report. [01:12:10] And this was directly related to the 24-inch [01:12:14] that blew on the east side of the plant. [01:12:18] And so the work did include replacing of the two, [01:12:22] or I'm sorry, replacing of the 24-inch pipes, [01:12:25] two of them, as well as the installation [01:12:27] of two 24-inch valves. [01:12:31] And then some other incidental work including survey work. [01:12:36] The available funds were identified as water [01:12:39] and sewer utility construction funds [01:12:42] in an account of 0963. [01:12:44] And just a side note, this is also 49% responsible [01:12:49] for funding from Pasco County. [01:12:52] And so with that, we would recommend that you approve it. [01:12:56] Thank you. [01:12:57] Open up for public comment. [01:12:59] Seeing no one come forward, bring it back to council. [01:13:02] Move for approval. [01:13:03] Second. [01:13:04] Maker. [01:13:05] We've got to do it. [01:13:07] This is just a formality. [01:13:08] We've got to get it done. [01:13:09] This is something we absolutely need, so. [01:13:12] Second. [01:13:13] Yep, it's a necessity. [01:13:14] I think it's actually been done. [01:13:16] So this is the close out. [01:13:18] Yeah, sorry again. [01:13:19] Deputy Mayor. [01:13:20] I'm good. [01:13:21] Mr. Allman. [01:13:22] Yeah, I just, I heard 49%. [01:13:27] Could you tell me then that deal was done then? [01:13:30] Is that what's happened? [01:13:31] Yes, sir, that deal's done. [01:13:32] It was done when, it took effect when the county [01:13:36] officially took over Lendrick, or FGUA. [01:13:43] And the bulk revenue to the city is over then now [01:13:49] at this point, or, you don't have to go over the deal [01:13:52] with me, I know it's complicated, but. [01:13:54] Right, it's in that new interlocal agreement [01:13:56] that was approved, and so there's the first year, [01:14:00] their rate is reduced in half, and then in the second year [01:14:04] it goes to their existing rate that they currently have [01:14:07] with the city. [01:14:11] Thank you. [01:14:12] There's no further discussion. [01:14:13] All those in favor, please signify by saying aye. [01:14:16] Aye. [01:14:17] Opposed, likes sign. [01:14:18] Motion passes.

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17. 10.f

    2022 Sanitary Sewer Lining Project Close Out

    approved

    Council approved a change order ($119,515), final pay request ($256,783.48), and budget amendment for the 2022 Sanitary Sewer Lining Project, which rehabilitated gravity sewer mains in the West Grand neighborhood, Cypress Knolls, and areas around downtown using cured-in-place pipe lining by Granite Inliner LLC. The change order added lining work at the wastewater treatment plant, with funds transferred from the Reclaimed Water Extensions Project.

    • motion:Approve the change order, final pay request, and budget amendment for the 2022 Sanitary Sewer Lining Project. (passed)

    📍Cypress Knolls neighborhood📍Lincoln and Main📍West Grand neighborhood🏢BayCare🏢City of Castleberry🏢Granite Inliner LLC👤Becker👤Robert Rivera#2022 Sanitary Sewer Lining Project#Reclaimed Water Extensions Project#Resilience Ready consortium#Vulnerability Assessment grant

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    [01:14:19] Next, 22 Sanitary Sewer Lining Project Closeout. [01:14:25] Pipelining, as you all know, is our approach [01:14:29] to rehabilitate our infrastructure, [01:14:32] and this project relates specifically [01:14:36] to some gravity main rehabilitation [01:14:39] that was done over the course of the last year, [01:14:44] relying on Granite Inliner LLC for the rehabilitation. [01:14:50] The project change order is in the amount of $119,515. [01:15:00] And the final pay request is in the amount of $256,783.48, and the agreement is actually [01:15:13] a piggyback on the current City of Castleberry contract. [01:15:19] And Mr. Rivera can talk to you about the detail of some of the neighborhoods that were identified [01:15:28] to have deterioration significant enough for the project areas to be included this [01:15:34] year in the project. [01:15:35] So as you're aware, this is an annual program that's performed in-house at the beginning [01:15:41] where the city crews go out and they identify areas that are in need of this type of upgrade. [01:15:48] This is a little bit easier as far as construction phases go when it comes to disrupting, you [01:15:55] know, traffic, disrupting, you know, the general public. [01:16:00] It's different than your regular conventional construction is where, whereas you have to [01:16:05] go in with the backhoes, tear up the ground, and restore your site. [01:16:10] Right here we can do a lot of boring and digging up sites and then doing some lining where [01:16:15] we put a cured in place lining inside the existing pipe. [01:16:20] Most of those pipes are the old clay type that either have cracks along the sides of [01:16:25] them or they're cracked at the joints where they connect. [01:16:29] In this case, there were three different types of areas that we concentrated on. [01:16:34] The West Grand neighborhood, Cypress Knolls neighborhood, which is east of Main Street [01:16:40] and Rowan Road. [01:16:41] It's outside the city limits in the county. [01:16:43] And then we did several areas north and south of the downtown area. [01:16:49] The change order was directly related to additional work that we did over at the wastewater [01:16:54] treatment plant. [01:16:56] When we ended up draining our basin tank that we were installing the pipe and the valves, [01:17:02] we were able to take a look at some of that interior piping and it was at that time that [01:17:07] we decided that we'd go ahead and line that section of pipe as well. [01:17:12] The change order funds were transferred from the Reclaimed Water Extensions Project. [01:17:19] Those project funds are available on a reactive basis. [01:17:25] So it was just a standard budget amendment. [01:17:28] So in this case, we'd ask you to approve the change order as well as the final pay request [01:17:35] and the budget amendment. [01:17:39] Thank you. [01:17:40] Open up for public comment. [01:17:43] Seeing no one come forward, bring it back to council. [01:17:47] Move for approval. [01:17:48] Second. [01:17:49] Becker? [01:17:50] Again, it was something that needed to be done, maintenance, and you're only as strong [01:17:56] as your infrastructure, so. [01:17:59] Second. [01:18:00] I've got a lot of faith in Robert over there and what he says needs to be done. [01:18:08] Councilman? [01:18:09] Agreed. [01:18:10] Councilman? [01:18:11] Yeah, the Resilience Ready documentation that is part of the consortium that New Port Richey [01:18:21] participates in along with seven counties and 40-some cities, I believe, is preparing [01:18:31] some actions, and included in that are cost estimates with respect to along the river, [01:18:39] for example. [01:18:40] Robert, there are strategies for raising seawalls and establishing water retention that will [01:18:50] hold back water from getting into, and there are a lot of really modern and innovative [01:18:58] techniques that are being proposed. [01:19:00] So I will certainly support this when I read it. [01:19:05] Having river cleanups, which I'm proud to say I was part of for a long time, getting [01:19:09] them started and running them are all great things, but as is mentioned by the mayor earlier, [01:19:15] some of these threats, which may be severe, and we are going to see when that vulnerability [01:19:23] study comes out, just how massive the water inundation can be in a direct category one [01:19:31] hurricane or with sea level rise. [01:19:34] So this is something that I hope that the city staff will continue to brief itself on, [01:19:41] and when we have work groups that I know the county participates in, I would love to see [01:19:48] the cities, whether it's Robert or a member of the staff, to tag along and see what's [01:19:56] happening in other cities and continue to go after the resiliency funds. [01:20:01] So that vulnerability assessment that we got the grant for is really going to open up some [01:20:07] things. [01:20:08] We talked earlier about Baycare and Baycare potential plans to expand their hospital footprint, [01:20:19] which would expand into the residential districts as related both by parking and a huge retention [01:20:27] pond that rarely fills but can hold its own water, but it's high ground. [01:20:33] As you move toward the rec center, it gets real low, like there's a seawall between the [01:20:38] streets going to the east. [01:20:42] So I'm just going to be fascinated to see that next level of stormwater that we're going [01:20:49] to have to start modeling for, and some of the language that's in this that talks about [01:20:56] sort of depopulating flood-prone areas, we got a lot more flood area than we can depopulate, [01:21:03] so we need to figure out how to be outsmart or to build to last. [01:21:10] But yeah, so my second speech, there may still be another one in there, I'm not sure. [01:21:22] A enterprising Tampa Bay businessman once used to advertise on TV, tires ain't purdy. [01:21:32] He could have been talking about sanitary sewer lines, because they're not, and mercifully [01:21:38] most of us don't think about them, except in the rare instances where one of them has [01:21:45] a blowout, as we had over at Lincoln and Main a month or so ago. [01:21:53] Having this lining that we've been doing now for as long as I can remember, covering [01:22:02] the sanitary sewer lines throughout the city, helps to minimize those so that the leaks [01:22:14] popping up like that one are the rare exception as opposed to the rule, and as you look around [01:22:23] the state and even in the Tampa Bay area, I've lost track of the number of times I've [01:22:31] seen where somebody has had a sewer line blowout, because they've got old pipes much like we've [01:22:36] got and they have not been doing this sort of routine maintenance that we do on an ongoing [01:22:42] basis. [01:22:44] It's just critically important that we keep this up, just to keep the sewer going in the [01:22:53] right direction so that it eventually gets to the wastewater treatment plant. [01:22:58] So on that basis, I will also support this. [01:23:03] There's any further discussion? [01:23:05] Hearing none, all those in favor, please signify by saying aye. [01:23:08] Aye. [01:23:09] Opposed, like sign.

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18. 10.g

    2021-22 LMS Report and RLF Management Plan - Consideration for Approval

    approved

    Council accepted the 2021-22 Local Mitigation Strategy (LMS) Report and Repetitive Loss Floodplain (RLF) Management Plan, which supports the city's participation in FEMA's National Flood Insurance Program Community Rating System. The city is currently a Class 7, providing residents a 15% reduction on flood insurance premiums in special flood hazard areas.

    • motion:Move for approval of the 2021-22 LMS Report and RLF Management Plan. (passed)
    • vote:Voice vote to accept the LMS plan and progress report. (passed)

    🏢FEMA🏢Pasco County Department of Emergency Management👤Mr. Altman👤Mr. Hall👤Ms. Mann#2021-22 Local Mitigation Strategy Report#CRS Class 7 rating#Community Rating System (CRS)#Flood 2.0 rating program#National Flood Insurance Program#Pasco County Hazard Mitigation Committee 2019 LMS Plan#Repetitive Loss Floodplain Management Plan

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    [01:23:12] Motion passes. [01:23:13] Next is the 2021-22 LMS Report and RLF Management Plan. [01:23:20] City participates in the National Flood Insurance Plan Community Rating System, and the reason [01:23:26] it does so is because it provides a reduction in flood insurance premiums to our residents. [01:23:33] Mr. Hall has prepared a PowerPoint in that regard to further explain this program to [01:23:39] you, and we're going to allow him to present the PowerPoint. [01:23:44] Thank you, Ms. Mann. [01:23:45] I'll try to be brief. [01:23:47] It's been a long day, but to provide, to fully understand the requests that I have for you [01:23:53] this evening, I'm going to provide a greater explanation of the overall program. [01:23:58] But what I'm trying to do is get acknowledgement and approval of the 2021-22 Local Mitigation [01:24:04] Strategy Report and Repetitive Loss Management Plan. [01:24:11] A lot there. [01:24:12] I'll explain it in just a bit. [01:24:15] FEMA has, as Ms. Mann mentioned, FEMA has a National Flood Insurance Program, and to [01:24:20] participate in that, you're required to have, to participate in the federal-backed flood [01:24:27] insurance program, you need to have a floodplain management ordinance, which we do. [01:24:32] As had mentioned by Mr. Altman, that more than 50% of the city is in a flood zone presently. [01:24:39] So we have some special flood areas of A and AE, and we also have some areas that are outside [01:24:46] that as X. [01:24:48] So we do participate in the National Flood Insurance Program. [01:24:51] However, there is ability to get an additional reduction in the insurance rates. [01:24:58] To do that, you put forth a report every year for how you're addressing the requirements [01:25:07] for the CRS rating system. [01:25:10] You're rewarded by doing more than just the basics, and I'll go into more detail on what [01:25:15] those are. [01:25:16] And some of those things are mapping, GIS mapping, and providing public information [01:25:22] to citizens, the billboard out in the hallway, things like these are items where you get [01:25:27] graded on these and get evaluation reports. [01:25:31] So you're trying to make a comprehensive approach to the management of the program. [01:25:37] Currently there are 10 classifications in the CRS classification system, and you get [01:25:43] 5% reduction per class that you're in. [01:25:47] We are a class 7, so we get a 15% reduction in our premiums in the special flood hazard [01:25:55] areas. [01:25:56] Outside of that is a different criteria, but you still get, we are presently at 5%. [01:26:02] The maximum you can get, or the best rating, is a number 1, and that would be a 45% reduction [01:26:07] in the federal flood hazard premiums. [01:26:15] So the county, we are part of the Pasco County Working Group, and they adopted, the Hazard [01:26:23] Mitigation Committee adopted in 2019 the Local Mitigation Strategy Plan. [01:26:29] That's actually in your packet there, we do have a resolution from 2019 of that. [01:26:35] And it is a multi-hazardous plan that allocates resources, establishes goals and objectives, [01:26:40] and identifies hazards and whatnot. [01:26:44] We are part of this program, and you can get the full plan, the full LMS plan, from the [01:26:49] Pasco County's Department of Emergency Management website. [01:26:54] So all of that being said, and providing a very brief summary on the background of the [01:26:59] program, this is what we're here for this evening. [01:27:04] We submitted the CRS recertification documents to the, in July, to be reviewed, and it included [01:27:13] the entire 2021 annual report, and what we have in just the report, it's just a sliver [01:27:21] of the entire report, but they want to make sure that we have the annual report that shows [01:27:26] how we summarize our staff responsibilities, highlight comprehensive goals and objectives, [01:27:32] and acknowledges our repetitive loss properties. [01:27:35] And I can go in more detail on these as we go through this, or when you have questions [01:27:40] at the end, but that is what you have before you, again, the LMS and RLF management plan. [01:27:48] So the recommendation tonight is asking for acceptance of the LMS plan and the progress [01:27:55] report, and in summary it basically says that the city should continue to maintain our current [01:28:02] staff mitigation responsibilities, pursue our goals and objectives that are outlined [01:28:06] in the LMS plan, continue to work with Pasco County on the existing program, and ensure [01:28:13] that we have public awareness of the program. [01:28:16] This LMS program in its entirety will be reviewed by the working group with Pasco County in 2024. [01:28:26] So we will continue to have this, again, for another year or so, and adopting an update [01:28:31] of how we've achieved the plan and its goals. [01:28:35] And in 2024, we'll be working to redo the entire plan. [01:28:42] I tried to be brief. [01:28:43] I think I was pretty brief. [01:28:44] If you have more questions, I'd be more than happy to answer any questions you may have [01:28:49] on this report. [01:28:50] Thank you. [01:28:51] I'll open it up for public comment. [01:28:54] Come forward, bring it back to Council. [01:28:57] Move for approval. [01:28:58] Second. [01:28:59] To the Mayor. [01:29:00] The speech I gave earlier was about this, so as you all know. [01:29:04] I thought we'd already voted on the doggone sewer plant in my head. [01:29:08] I read ahead and got myself in trouble. [01:29:11] Now you're ahead. [01:29:13] Yeah. [01:29:14] So now I got, yeah. [01:29:17] To the second. [01:29:20] Yeah, and I believe that if you, I think the county's also at 15 percent. [01:29:26] Is that right? [01:29:27] Okay. [01:29:28] It's my understanding, yes. [01:29:30] I think so. [01:29:31] So, and that 15 percent is becoming a bigger and bigger deal. [01:29:36] Those people who buy flood insurance have seen or will see significant rate increases, [01:29:41] some of them very significant, with the new rating program, Flood 2.0. [01:29:50] And obviously, and to move that rating system so, you know, you mentioned that there's a [01:29:55] 45 percent discount, why don't we do that? [01:30:00] That would be extremely painful to get that way. [01:30:04] We may work our way there, but to suddenly enact the rules [01:30:09] and regulations required to get us there would be really tough. [01:30:14] You know, we have to build to certain heights now, [01:30:17] add a couple feet to that all of a sudden, you know, boom. [01:30:21] And so it's just a fact of where we live, we have that risk, [01:30:29] and the flood insurance program nationwide is still funded, [01:30:41] supplemented by tax dollars. [01:30:43] It's not completely paid for by premiums. [01:30:46] In the state of Florida, that's not been the case. [01:30:50] We've paid more in than we've collected in recent years, [01:30:55] the last 10, 20 years, but they keep waiting [01:30:58] for the big one to hit and to catch up, I suppose. [01:31:01] But it's, you know, so I applaud the staff for continuing to be diligent in working [01:31:07] with this program and seeing how we can enhance it going forward. [01:31:12] Thank you. [01:31:13] Councilman? [01:31:14] Yeah, flood rates have gone up for everybody, so to see us at least be able [01:31:18] to get the 15% discount's a good thing. [01:31:21] Councilman? [01:31:23] Yeah, I mean, it's something that, you know, something that benefits everybody. [01:31:27] Everybody wins, we're educated, the residents are educated, [01:31:30] we save on our insurance, so, I mean, it's just a win-win. [01:31:37] And unfortunately, it's the prices for that flood insurance are not going [01:31:41] to go down anytime soon, so it is important we can get whatever discounts [01:31:46] we can qualify our residents for, so. [01:31:50] If there's no further discussion, all those in favor, please signify by saying aye. [01:31:54] Aye. [01:31:55] Opposed? [01:31:56] Motion passes. [01:31:57] Next is the 2022 North River Neighborhood Improvements Project Engineering Services

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19. 10.h

    ↳You arrived here from a search for “Local Option Gas Taxes” — transcript expanded below

    2022 N. River Neighborhood Improvements Project - Engineering Services Task Order No.16

    approved

    Council approved Engineering Services Task Order No. 16 with Stroud Engineering Consultants for $167,580 to design and oversee construction of the 2022 N. River Road Neighborhood Improvements Project (Phase 1), funded by local option gas taxes. Approval was conditioned on the preliminary design being brought back to Council for review before proceeding to final design.

    • motion:Approve Task Order No. 16 with Stroud Engineering Consultants for $167,580, with the condition that the preliminary design be brought back to City Council for review before final design. (passed)

    📍Golf Drive📍Highway 19📍Lesions Place📍North River Road📍Veterans Drive🏢Duke Energy🏢Stroud Engineering Consultants🏢Wanamaker Jensen👤Debbie Manns👤Mr. Murphy👤Pete👤Robert#2022 N. River Neighborhood Improvements Project#Capital Improvement Program#LED crosswalk signage#Local Option Gas Taxes#Phase 1 North River Road Neighborhood Improvement Project#Task Order No. 16

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    [01:32:04] Task Order Number 16. [01:32:10] Okay. [01:32:11] Mr. Mayor, as all of you are aware, we have been meeting for some time now with [01:32:18] residents owning property, spanning in what is to be the first phase of the [01:32:25] North River Road Neighborhood Improvement Project, the purpose of which, [01:32:30] in large part, was to solidify the improvement amenities that would be [01:32:37] incorporated into the design of the North River Road improvements. [01:32:46] At the conclusion of much discussion, it became evident that the improvements [01:32:55] would include the replacement of existing sidewalk on the east side of [01:33:01] North River Road, the hardscape landscape, and also some traffic lane [01:33:13] narrowing, as well as the installation of LED crosswalk signage and some [01:33:23] reorientation of intersections located at North River Road, Veterans Drive, [01:33:30] Lesions Place, and Veterans Drive also. [01:33:34] Veterans Drive, I'm sorry. [01:33:35] Was there three, Robert, or four? [01:33:38] Veterans Drive and... [01:33:40] It was three, right? [01:33:42] No, the two realignments were the two here. [01:33:46] Okay. [01:33:46] We had some improvements over at Golf Drive, but the two realignments were the [01:33:50] ones that you just called on. [01:33:51] That's what I thought, okay. [01:33:53] And in that respect, all of you are aware of the fact that we were working with [01:34:02] the architecture firm that we had of Wanamaker Jensen, and we tried to come [01:34:13] to an agreement with them on a task order for the project. [01:34:18] And unfortunately, it was just cost prohibitive for us to do so, in large part [01:34:24] driven by the cost of civil engineering. [01:34:30] And so we shopped until we found an engineer that could perform the work at a [01:34:37] cost that we thought was within market. [01:34:42] Stroud Engineering Consultants were the engineering services company that we [01:34:47] think can do the work for what is an appropriate fee. [01:34:51] The amount being requested for the work to be done to complete the project through [01:34:57] design, bid, and the construction phases of the projects is in the amount of $167,580. [01:35:10] And we are recommending that you consider approving them to do the work. [01:35:16] The funding for the project is allocated in the capital improvement program, and [01:35:24] the specific funding source being recommended is local option gas taxes. [01:35:30] Thank you. [01:35:30] Before I open it up for public comment, just one question. [01:35:33] Do we know what decade the Duke Energy folks are targeting for getting those poles replaced? [01:35:40] Robert might be better suited to respond to the question than I am. [01:35:44] That's why I was looking in his direction. [01:35:46] They're still, we've met with them a couple times. [01:35:48] They're still on track with us to get them moved before we get in there. [01:35:52] We told them that we've talked with the consultant here, and we're looking at bidding in December. [01:36:00] And by the end of January is when we're going to start breaking ground. [01:36:04] And they haven't said that they're going to have difficulties with it. [01:36:09] So they've been in there for two months now? [01:36:13] Okay. [01:36:14] They're there every day. [01:36:16] And they are there every day doing something. [01:36:19] I'll open it up for public comment. [01:36:22] Seeing no one come forward, bring it back to Council. [01:36:27] I'm going to move approval with the request that the City Council see the preliminary design before approving the final design. [01:36:42] Do we have a second? [01:36:43] I'll second. [01:36:44] Okay. [01:36:44] To the maker. [01:36:46] When I look at the engineer's compensation schedule, I really would like for us to become more involved in these capital projects [01:36:54] and seeing them at the start and understanding and putting in input if we have it. [01:37:00] That's ten weeks under their schedule. [01:37:06] And then they give, I don't think, they give the city ten weeks to review it, I guess. [01:37:11] So that's 20 weeks if I'm reading that right. [01:37:13] But I'm not looking to slow the project down at all, Robert, or Debbie, but that's my motion. [01:37:26] Clarification. [01:37:27] You're talking about bringing the design back when it's finished or at some midpoint? [01:37:32] When it says preliminary design under the engineer's compensation, they do preliminary design. [01:37:39] And if it's final design and they spend $107,000 or $108,000, then I'm going to listen to the same thing I heard about the parking lot down here, [01:37:50] which was we've already designed it and we're all ready to go and it's out the door. [01:37:55] So I just would like to see those drawings because we have a lot of redevelopment activity that's been promoted for us to do on Highway 19. [01:38:04] And we've got, you know, we have these issues of highway safety. [01:38:08] We're spending probably a million dollars on this project for sidewalks and crosswalks and safety. [01:38:14] And yet, you know, if there's going to be a process for us, we should be integrating our interest in how this serves that commercial corridor that's adjacent to it. [01:38:34] That's become part of the problem. [01:38:35] So you're asking somewhere between the preliminary design and before they get very far into the final that we should see where they are? [01:38:44] I don't know. I'm just, when I look at it, preliminary design means somebody's getting a picture. [01:38:48] And that's all I'm asking for. I don't need to see the full engineered design. I just want to know what we're doing. [01:38:53] I thought we had pictures already, right? [01:38:56] What you've got attached here is the conceptual of the project. [01:39:01] The preliminary design that you will see is based on the conceptual that you have attached there, except for now it's not going to be any rendering. [01:39:12] It's going to be lines on a plan sheet. [01:39:16] So you'll still see it, but those lines, just to keep it simple, those lines are going to be based on the conceptual drawings that you see, [01:39:26] those renderings that you see that we presented to you. [01:39:30] That's what the preliminary design is going to be based on. [01:39:35] So we're not going to see more pretty pictures, just going to see lines. [01:39:39] Yeah, so I'm not sure the benefit. I appreciate, you know, the fact that we have, you know, to check and make sure what we're doing, but, well, I'm just not. [01:39:53] It's already written into the final design that is for city review. [01:39:59] This one, I think, is what you're asking about. That's why I was questioning it. [01:40:05] Well, when the engineers get here, if there's any change, let me modify to say if there's any changes in the design when they get through with their preliminary design, we should know. [01:40:19] I'd like to know about that. And if there are any influences that they have to suggest any changes, then I mean, if we're just hiring a technical person to do the job and finish it, [01:40:34] you always find something out in the course of it. But thank you for showing me those photos. [01:40:39] I don't know why I'm not picking them up, but you've got to go back. [01:40:44] But at any case, yeah, I mean, I'm happy to just say when you get to that point and you're ready to go to final design, you have to approve it. [01:40:54] I'd just like for you to come to us and say, you know, here it is, here it is. [01:40:59] And if there are changes that you determine, any time you get a contractor who takes an architect's drawing or you get an engineer who takes something that's done, they might have a recommended modification. [01:41:10] So that's the best I can do to weasel out of that. [01:41:14] Well, and it has adhered to the final design that they're going to bring, when it's 90 percent and when it's final, it comes to review by the city for approval, review and approval. [01:41:21] So I think that we're good. [01:41:23] I think what Pete was asking was something before they get to the 90 percent point. [01:41:27] And this is, if this is it, plus any modifications they make early on. [01:41:34] Have they done the first $7,600 worth of work yet? [01:41:37] Not until we approve it, right? [01:41:39] I haven't done anything yet, no. [01:41:40] Right. [01:41:40] So there's an engineer's compensation. [01:41:43] And after that first preliminary design, all I'm asking is to bring it back to us and say, maybe we found something, maybe we can do something else. [01:41:55] Maybe we answer a question about buried cables. [01:41:57] Maybe there's an old fence that might be buried from 1924 that's made out of rock that's under there that has to change something. [01:42:11] Mr. Murphy? [01:42:12] I'm good. [01:42:14] Deputy Mayor? [01:42:16] Yeah, I guess maybe we can, I don't know if we can do this on every project. [01:42:21] Maybe we can use this as a case study to get figured out when we approve something and then each step out of the way. [01:42:31] You know, I'm just, I'm still trying to see the benefit of that. [01:42:35] Did the city council approve the preliminary design by motion? [01:42:40] What you're looking at there? [01:42:42] Yes. [01:42:44] I believe so. [01:42:46] Yeah, I think we had, do we have this presentation or maybe I'm getting all the neighborhoods mixed up as well. [01:42:52] But I thought that. [01:42:54] I'm not. [01:42:55] You approved the task order, like say a year and a half ago or whatever it was with Watermaker Jensen. [01:43:02] They were the ones that did this. [01:43:03] They came to you, presented it to you, listened to some of the feedback that you had, the comments that you wanted to incorporate. [01:43:12] Then we had a couple series of public meetings that we invited the residents to come in, got their input, [01:43:20] and then had one final meeting to go ahead and display what you see here. [01:43:26] What I would suggest is let's get through the preliminary design, incorporate that into what you've got here and then run it past it. [01:43:34] And it doesn't hurt to get the drawing out in a public meeting to everybody to see that after a year and a half of talk, [01:43:40] that here's what we're going to do. [01:43:42] And that's basically what I'm trying to drive to. [01:43:46] Yeah, well, I thought that's what, you know, if that's going to get us something different than what we already have. [01:43:53] Yeah, and that's, we need to know if it's changing. [01:43:58] And also to push it out there again, you know, so people know what's going to happen. [01:44:04] This is what we've got in mind, and barring some unforeseen circumstance, we'll say let's move on to final design. [01:44:13] Yeah. [01:44:15] Yeah. [01:44:16] Ms. Muthad, anything? [01:44:17] Let me be open. [01:44:19] I think that works, and it shouldn't slow things down at all. [01:44:24] Just get them started. [01:44:26] Two weeks at most, right? [01:44:28] Not even. [01:44:29] Yeah, worst case. [01:44:30] We've got to get it on the agenda, right? [01:44:33] Just for the record, so the motion is to approve it with the preliminary design coming back to the city council for approval? [01:44:41] Yes. [01:44:41] Okay. [01:44:42] And design is what you're telling me we already have. [01:44:46] But they're going through a process and charging us $7,000 for what they call preliminary design. [01:44:52] And if they find something out, then if they don't, they don't. [01:44:56] If they do, we know, and we can share it with people. [01:45:00] It may be as simple as this is just ducky, let's move forward. [01:45:06] It may be, hey, we want to make these modifications [01:45:10] and recommend we move forward, so. [01:45:14] I can live with that. [01:45:17] Any further discussion? [01:45:19] Hearing none, all those in favor, please signify by saying aye. [01:45:23] Aye. Aye. [01:45:24] Opposed, like sign. [01:45:25] Motion passes. [01:45:27] Next is discussion reappointment of Timothy Driscoll as city attorney. [01:45:32] Ms. Manns. [01:45:34] As indicated by you, Mr. Mayor, the request [01:45:37] is to authorize the city manager to enter into an agreement with Mr. [01:45:41] Driscoll to provide his services as city attorney [01:45:46] with an effective date of September 6, 2022 [01:45:50] for a one-year period of time. [01:45:53] As you'll recall, we had some discussion at your last meeting [01:45:58] about the reappointment of Mr. Driscoll. [01:46:01] And I indicated at that time to you that he [01:46:06] has served in an excellent capacity as city attorney since 2016, [01:46:12] and that I have no doubt that he'll continue to do so. [01:46:16] There was some confusion, though, about his role as city attorney. [01:46:24] And some of that emanated, I think, from some of the people [01:46:30] in attendance at the meeting. [01:46:31] So I thought it might be helpful if I just enumerated [01:46:37] some of his specific responsibilities. [01:46:40] Because the city doesn't rely on Mr. Driscoll [01:46:43] exclusively for all legal responsibilities of the city. [01:46:50] We do business with outside counsel as well. [01:46:54] And with your permission, I'll just identify [01:46:56] some of his specific responsibilities. [01:47:01] Chiefly, he's the legal advisor to the city attorney. [01:47:06] I'm sorry, to the city council. [01:47:08] And he provides us with advice and counseling. [01:47:12] Myself and the department heads of the city. [01:47:16] He prepares and revises ordinances of the city and the resolutions as well. [01:47:22] And he prepares all the legal documents and agreements of the city. [01:47:27] He prepares and revises and reviews policies and procedures. [01:47:33] He prosecutes county court code enforcement cases [01:47:37] and advises code enforcement personnel on proper application of the law. [01:47:43] He represents the police department in risk protection order matters. [01:47:48] He represents the city in litigation matters [01:47:52] that are not handled by outside legal counsel. [01:47:57] We have outside legal counsel typically for insurance related matters, [01:48:02] labor related matters, union related matters, or specialty issues. [01:48:09] He coordinates a lot of those type of matters [01:48:15] and reviewing the progress of litigation handled by outside counsel. [01:48:20] He reviews progress of those claims. [01:48:23] He handles foreclosure matters involving liens and claims. [01:48:29] And he represents the city in all aspects of city council and magistrate decisions. [01:48:35] He provides legal opinions on legal issues that are necessary for either the city council, [01:48:42] myself, or any of the department heads of the city. [01:48:44] And those are his primary responsibilities. [01:48:49] And I thought it would be a good time to reflect on his proficiency of those things. [01:48:58] And of those things that he's responsible for, [01:49:04] he has served in not only good faith, but in good honor. [01:49:10] And we have not had challenges to any of the ordinances or contracts that he has written. [01:49:19] We have not had any policies or procedures challenged during his tenure as city attorney.

    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.

20. 10.i

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

    approved

    Council considered the re-appointment of Timothy P. Driscoll as City Attorney. After extensive public comment both opposing (with allegations regarding code enforcement warrants, police conduct, and prior representation) and supporting (citing professionalism and successful contract work), and a strong defense from Driscoll himself, the council moved forward with the re-appointment.

    • vote:Re-appoint Timothy P. Driscoll as City Attorney (passed)

    📍5511 West Shore Drive📍6110 Florida Avenue, New Port Richey📍6141 Pine Hill Road📍Gulf Drive🏢Baptist Church property🏢Hacienda Hotel🏢Kaiser Project👤Chopper Davis👤Debbie Manns👤Eric Jay👤Jeff Starkey👤Judith Allen👤Mario Ezzoni👤Marla Jones👤Rob Wojciechowski👤Ron Howarth👤Timothy P. Driscoll#Florida Statute 933#Section 1983 claims#code enforcement#inspection warrant

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    [01:49:34] And he has always provided me with good counsel, [01:49:40] whether it be on a matter that is within his specialty [01:49:46] or he needed to tell me to talk to, you know, one of our outside counsel on a matter. [01:49:55] It's your decision, of course, whether or not you choose to go forward with the appointment. [01:50:06] But in my estimation, we couldn't do better in terms of working with an attorney [01:50:17] that's committed to the good and the best interests of the city. [01:50:22] Thank you. Open up for public comment. [01:50:32] What an absolute farce that is that he's done the best for this city. [01:50:37] When you're talking about his responsibilities being advising you on the things that the police are doing [01:50:44] and you've got your police giving out noise ordinances, [01:50:47] you've got your police arresting this innocent black man and trying and holding up his life for two years. [01:50:54] You've got this woman sitting here and your view that is a Jewish woman who in this man's presence, [01:51:02] there's anti-Semitic jokes made about this woman in her home and Anne Frank. [01:51:07] You're talking about this man. [01:51:11] I am disgusted with the concept that Ms. Manns could possibly think that this man is the best that this city has to offer, [01:51:19] that she would be the best that this city has to offer is beside the point. [01:51:23] New Port Richey, the people who are in the city of New Port Richey deserve better than a man who is going with code enforcement [01:51:35] and giving out false and illegal search warrants of their home. [01:51:41] In front of this man, you have the, I don't know what his title is, whatever Eric Jay's title is. [01:51:51] He's on the camera, moving the camera so that his police department isn't seen going through this woman's home. [01:51:59] That man is sitting in the same property. [01:52:01] That man goes through people's trash. [01:52:04] Is it illegal? [01:52:05] I don't know. [01:52:06] Maybe it's not because maybe I've been proven that it's not illegal, but it's certainly unethical. [01:52:11] It is certainly unethical that the city, that this, that the members of, I'm so disgusted I can't barely even speak to you, [01:52:18] that this man would be allowed to keep his job at over $100,000 a year. [01:52:24] It's disgusting. [01:52:26] We could do better. [01:52:27] We should do better. [01:52:29] I've brought to you 30% of your police department that is corrupt, and that's just touching the brink of it. [01:52:36] But he's in charge of that, right? [01:52:38] He's in charge of advising you all on what you should do about the police department, right? [01:52:44] You all got to do better. [01:52:45] You all make me sick. [01:52:47] Thank you. [01:52:48] Anyone else? [01:52:50] Shame on all of you. [01:52:58] Doctor, repeat my name again? [01:53:00] Please. [01:53:01] Michelle. [01:53:02] 5 Fort, Rob Wojciechowski, New Port Richey. [01:53:05] The last time I stood up here, you guys made some remarks that my statements were allegations. [01:53:09] And I've made it a point to send you guys a lot of the pieces that you said were allegations. [01:53:17] I still feel like there has been an obstruction of my civil rights by the employees of the city of New Port Richey, [01:53:22] who are under the direction and supervision of our city manager. [01:53:26] So at this point, if she's saying that the city attorney isn't responsible for the things that have happened, [01:53:31] then I guess that would be the responsibility to her. [01:53:36] I actually have a copy of the letter of intent that I filed at the city hall on May 18, 2022, [01:53:42] in accordance with our municipal ordinances. [01:53:45] I believe that our city manager had sent her assistant down to sign that she received it. [01:53:49] So I have a copy of that for all of you today. [01:53:52] I haven't received any response, nor has the insurance carrier contacted me, [01:53:56] like was said at the last city council meeting, that it was sent to the insurance carrier. [01:54:00] I actually have that information from a public record, and they said that they have no documentation of that. [01:54:07] So with this intent, this will cure in November. [01:54:11] And at that time, I will proceed with a federal lawsuit, [01:54:13] which will also follow in the same footsteps of Mr. Ron Howarth, who is still here. [01:54:20] So you guys are very well aware of the 1983 claims that people have taken against you. [01:54:26] This action could have been and should have been avoided. [01:54:28] Actually, I had reached out to our risk management. [01:54:33] And like everybody else that is working in the city of New Port Richey, [01:54:37] I've been blackballed from communicating with anybody. [01:54:39] I had asked about any improvements that were being done on Gulf Drive, [01:54:43] and Mr. Rivera just said that there were improvements, [01:54:45] but I've been told for the past two years that there are no improvements at all. [01:54:49] So that's a little deceptive and concerning as to why my property is being targeted. [01:54:54] I'd also like to say that I'm concerned if you guys think that it's okay [01:54:59] that our attorney has actually sent to my attorney in discovery. [01:55:03] So he agrees that you guys are using my water bill to track me [01:55:09] when I'm coming in and out of my property. [01:55:11] I was wondering why I had never encountered code enforcement [01:55:14] in the past 15 violations, 20 violations they have given me. [01:55:19] Well, now I understand why. [01:55:20] Because my water bill states that I'm leaving the property and when I'm there. [01:55:25] That's an invasion of my privacy. [01:55:27] I never paid for a water bill for you guys to use it against me. [01:55:32] That's sick. [01:55:33] And I don't know what else is being used against me. [01:55:36] I don't know if you guys are using tracking devices or what else. [01:55:39] I mean, I don't feel comfortable here in this city. [01:55:42] I'm concerned with my safety and other people's safeties. [01:55:47] And I think that if you reappoint the current attorney that we have, [01:55:53] it's not only negligent, but it's reckless. [01:55:57] You guys are responsible for the supervision of your city manager. [01:56:01] Thank you. [01:56:03] Anyone else? [01:56:15] Marla Jones, 6141 Pine Hill Road. [01:56:18] I am here today. [01:56:19] I stand and I oppose this. [01:56:21] I oppose it just like I opposed it the first time. [01:56:24] We were at this very, I was at this diocese. [01:56:28] To listen to the city manager gloat and give accolades [01:56:33] of her city attorney is sickening. [01:56:39] My head hurts. [01:56:40] My eyes are ready to pop out of my head. [01:56:43] All of you have now seen all of the information. [01:56:46] I know you have. [01:56:47] We know that. [01:56:49] And if you think by appointing Mr. Driscoll that this is going to help you, [01:56:54] it's going to make it worse. [01:56:56] You're opening yourself up for many more lawsuits. [01:56:59] You're not making it safe for us because any day I could be shot dead [01:57:03] in these streets. [01:57:04] Would you care then? [01:57:06] Any day. [01:57:08] Mr. Driscoll was the city attorney when I was falsely and wrongly arrested. [01:57:13] And what did your chief of police go on national television [01:57:15] and say along with your city manager? [01:57:17] We waited a week to arrest Mr. Jones because we wanted to see all the evidence. [01:57:20] We wanted to see all the videos. [01:57:22] We get discovery. [01:57:24] There's no evidence. [01:57:25] I was acquitted on May 5th. [01:57:28] What investigation happened into that police department [01:57:30] for writing a false affidavit? [01:57:32] Because last time I checked, that was illegal to do. [01:57:35] Has anybody followed up on that? [01:57:38] Has anybody followed up on the previous job [01:57:40] that the city attorney has held or the city manager? [01:57:44] I see a pattern here, a very bad pattern. [01:57:48] I asked the chief of police, who does the hiring here? [01:57:52] Because you know, like in most jobs, you hire someone, [01:57:54] you do a background check. [01:57:55] Why is it that a lot of police officers [01:57:57] in the New Paricher Police Department have prior issues [01:58:01] in other jobs that they had in law enforcement? [01:58:04] I could go down the list, but I'm not going to waste my time. [01:58:06] I only got three minutes. [01:58:08] But how much more do we have to come and say that this is wrong? [01:58:11] He is the legal advisor to you all. [01:58:14] And everything that has been done in the last two, three years, [01:58:17] there has been a lot of things that have been illegal. [01:58:19] Using the code enforcement as a fascist Gestapo [01:58:23] is not going well with the citizens. [01:58:24] And you all have received many complaints. [01:58:27] Whether you're going through the trash, [01:58:28] picking through the trash, looking at the trash, [01:58:31] why is our city attorney accompanying code enforcement [01:58:33] and law enforcement on these different agendas? [01:58:38] What is it, to intimidate us? [01:58:40] I don't feel safe in this city. [01:58:42] I have lived in the city longer than most of you. [01:58:44] My roots go back almost 100 years. [01:58:47] My ancestors built this very place. [01:58:51] And for you, city manager, to sit up here and say, [01:58:54] oh, he's done a great job. [01:58:55] He's done a great job. [01:58:56] No, we respectfully disagree. [01:58:58] And I respectfully disagree. [01:59:00] Because we have evidence to prove otherwise. [01:59:02] I read all the text messages. [01:59:04] You still haven't denounced Jeff Starkey for calling us loons. [01:59:08] I have not received a letter saying, [01:59:09] we, the city of New Port Richey, do not condone that. [01:59:12] Where do you stand? [01:59:13] How vote you? [01:59:14] Because we are watching. [01:59:17] Thank you. [01:59:28] Chopper Davis, 6110 Florida Avenue, New Port Richey. [01:59:33] I worked with Tim Driscoll for six years. [01:59:36] And I also worked with a couple other attorneys before that. [01:59:40] One was the first one I got on council was a firm. [01:59:43] And it seemed like we got different people [01:59:45] at every council meeting. [01:59:47] Some repeats, but we got different people. [01:59:49] So I don't think there was a consistency in the first firm. [01:59:52] So then we went with an individual. [01:59:54] And then he went on to become a judge. [01:59:56] But I appreciated his work. [01:59:58] But in the last six years. [02:00:00] I've been working with Tim before I got off council. [02:00:02] I found a professionalism that I thought was immaculate. [02:00:07] I didn't see any of the things that you just heard, [02:00:10] which having to do with the attorney. [02:00:12] All the other things I talked about, [02:00:13] I don't know about with the attorney. [02:00:15] And the attorney works at the pleasure of you guys. [02:00:17] He doesn't work at the pleasure of the city manager. [02:00:20] So you actually are hiring him. [02:00:22] And as far as a city council member, [02:00:25] when I was a city council member, [02:00:26] he always had an open door policy [02:00:28] and allowed us to come in, question us, get back with us. [02:00:31] You know, he didn't question us, [02:00:33] but we questioned him and got back with him. [02:00:35] And so I always appreciated his help and his guidance. [02:00:38] So as a city council member, I approve this. [02:00:42] Thank you. [02:00:43] Mario Ezzoni, 5511 West Shore Drive. [02:00:58] Nobody asked me to be here in regard [02:01:00] to this matter whatsoever. [02:01:02] My wife and I actually, we watch the council meetings [02:01:05] on every other Tuesday. [02:01:08] And I just wanted to share my experience [02:01:11] with working with Mr. Driscoll. [02:01:13] I think if it were some of the projects [02:01:14] that we were involved with, [02:01:15] my role primarily was marrying the investment capital [02:01:19] and entrepreneur efforts of bringing [02:01:20] that investment capital to the city [02:01:22] for the purposes of generating, you know, [02:01:25] tax revenues on the commercial side of things. [02:01:30] We've processed several contracts with Attorney Driscoll. [02:01:34] And I gotta tell you, his breadth of knowledge, [02:01:37] and I'm a little bit older [02:01:38] and we all deal with a lot of attorneys, [02:01:40] and it's exceptional. [02:01:42] It's exactly as a city manager has described. [02:01:45] You can go to him at any point in time [02:01:47] and ask a specific question, [02:01:49] and he'll tell you in detail how that law relates [02:01:52] to the citizens of the city [02:01:53] and how it relates to the function of the government. [02:01:55] He really, really understands that. [02:01:58] And there is a tremendous amount of depth and knowledge. [02:02:01] The thing that makes him a standout [02:02:03] is that on several situations [02:02:06] where we're dealing with developers [02:02:08] that want to bring their investment to the city [02:02:12] is that a lot of times you run into obstacles. [02:02:16] You run into parts of the law which protect the citizens. [02:02:20] You know, for example, you know, about the church property. [02:02:24] You know, you just can't provide incentives [02:02:26] about the property because it was owned by the city. [02:02:29] And, you know, you have to have provisions [02:02:31] in those agreements that should you not perform, [02:02:33] those contracts require you [02:02:35] to hand that property back to the city. [02:02:37] So a lot of my work with Attorney Driscoll [02:02:40] was in the realm of contract law. [02:02:42] A lot of it dealt with the investors really needing [02:02:46] to see a straight line from point A to point B. [02:02:49] And those three projects that we've been successful at [02:02:51] have been the Baptist Church property, [02:02:53] the sale of the Hacienda Hotel after eight years, [02:02:56] and this is gonna be open soon in that process. [02:02:59] And I think probably one of the most complicated things [02:03:02] that you probably had to deal with [02:03:03] is the Atlanta Assembly associated with the Kaiser Project [02:03:07] for bringing educational institutions to this town. [02:03:10] The thing that he does do is he thinks things [02:03:13] throughout the night and the next morning, [02:03:16] you know, he proposes solutions. [02:03:20] You know, this is what work you're confronted with [02:03:22] in terms of what the needs of investors are, [02:03:25] but this is what the citizens are confronted with [02:03:26] in terms of their protection of their assets are. [02:03:29] And we've been able to move forward on several projects [02:03:32] as specific as a result of what he's provided insight on. [02:03:37] But I can tell you, his intentions are to protect [02:03:39] the interests of this city. [02:03:41] And the last point I wanna make basically [02:03:44] is that I think the city manager's correct [02:03:46] in the fact that if you lose this city attorney, [02:03:49] the replacement, I just wonder if it's gonna be [02:03:53] that exceptional. [02:03:54] I think you've got a great person to work with [02:03:56] for the next year, and I certainly would hope [02:03:59] that you would consider his skills. [02:04:00] Thank you. [02:04:01] Thank you. [02:04:07] Thank you. [02:04:16] Judith Allen, I've been a resident of this city [02:04:19] for over 50 years. [02:04:21] You have an inspection warrant copy up in there [02:04:23] in front of you, and I wanna draw your attention [02:04:25] to the fourth line down on the left side. [02:04:28] It says on this warrant, above described premises. [02:04:33] That is required by the Florida statute. [02:04:38] Very specifically, you have to identify the place [02:04:41] and why you've asked for an inspection warrant. [02:04:46] In neither of those cases is that in this copy. [02:04:51] This is the inspection warrant and other warrants [02:04:54] that are being given in all of these search warrants. [02:04:57] Mr. Driscoll should have known that this did not comply [02:05:02] with the Florida statute. [02:05:03] The Florida statute, I repeat, is 933. [02:05:08] There is a number of things that are stated there. [02:05:11] Now, I want to confess that I had quite a conversation [02:05:15] today with the Inspector General, [02:05:17] and you can check my phone log, any of you who want [02:05:19] to look at my phone log to prove that yes, [02:05:21] I did talk to them. [02:05:23] This is not the first time that I've talked [02:05:25] to the Inspector General. [02:05:26] Their advice after I expressed the situation [02:05:30] that I've gotten phone calls from South Carolina. [02:05:33] I already mentioned I got a phone call this morning, [02:05:35] and you can check my phone log for that too, [02:05:37] from Escambia County. [02:05:39] I've had other phone calls, really concerned about [02:05:43] what in the world is going on here [02:05:46] with these warrants and inspections. [02:05:49] Mr. Driscoll is on tape as being there. [02:05:54] The statements that have been made here is on tape. [02:05:57] I was at one of those inspections [02:06:00] in which there was no warrant, [02:06:02] and I'm on that tape asking for where is the warrant? [02:06:07] And Eric Jay was there, Alex was there, [02:06:11] several police officers were there, no warrant. [02:06:15] They didn't get me a warrant until, [02:06:17] or these people who were living there [02:06:19] for three hours afterwards. [02:06:21] There's a number of things that we're concerned about, [02:06:23] and primarily is, as a city attorney, [02:06:27] you should absolutely make sure [02:06:29] that we comply with the Florida statutes. [02:06:32] We can lose our charter [02:06:35] if we do not follow the Florida statutes. [02:06:40] And repeatedly, we've had situations here [02:06:45] under his advice, [02:06:46] that we have not followed the Florida statutes. [02:06:50] I've lived here a long time. [02:06:51] I would hate to see that. [02:06:54] But the other thing is his reputation. [02:06:55] He was a city council attorney for Tampa. [02:07:00] He was requested a number of years ago [02:07:03] to resign specifically for their loss in faith. [02:07:08] Let me read this. [02:07:09] He was asked to resign because of loss of faith [02:07:12] in his advice. [02:07:13] We have a situation, [02:07:15] we also have a situation with text messages [02:07:18] that are not completely appropriate. [02:07:20] Thank you. [02:07:27] Anyone else? [02:07:29] Seeing no one else coming forward, [02:07:31] I'm gonna bring it back to council. [02:07:33] Mr. Mayor, can I make a couple comments? [02:07:34] Yes, sir. [02:07:35] Just to clear up the record, [02:07:36] there's been a lot of misstatements made here tonight, [02:07:39] and I really can't let you sit here and listen to that [02:07:42] and believe that some of the hyperbole [02:07:45] that you're hearing here is true. [02:07:48] We do not conduct searches without warrants. [02:07:51] We've had legal warrants. [02:07:52] The warrant that was used in Mrs. Wojciechowski's case [02:07:56] was a legal warrant, [02:07:58] and we were scheduled to go to trial on her case [02:08:01] last Thursday, but had her attorney's request, [02:08:04] the judge continued it, [02:08:06] and we will not be going to trial until November. [02:08:08] I've made an offer to Ms. Wojciechowski [02:08:12] to resolve things through her attorney, [02:08:15] and I'm still waiting on a response to that. [02:08:19] I've had good conversations with her attorney, however, [02:08:22] but I don't have a response yet. [02:08:23] We've given them an out to correct the violations [02:08:27] on her property to deal with it. [02:08:28] I'm not gonna say anything more about that [02:08:30] because it's a pending case. [02:08:32] I never represented the city of Tampa, [02:08:34] so I don't know what this lady's talking about [02:08:35] with respect to that. [02:08:38] I've not heard anything about a text message. [02:08:40] I have not gone through anyone's garbage. [02:08:45] I was not present when someone may have said something [02:08:48] about the Anne Frank. [02:08:49] I was not there when that occurred, [02:08:51] so I don't even know what that's about, [02:08:53] or anybody moving a camera. [02:08:55] I can tell you that I went on this warrant search. [02:08:57] I did not observe any illegal activity. [02:08:59] That's one of the reasons why I go. [02:09:01] We don't do a lot of these, but when we do one, [02:09:05] if it's a code enforcement case, I go, [02:09:08] because I wanna make sure that I can answer any questions, [02:09:10] and I can make sure that the officers follow the law. [02:09:12] I don't follow every officer all over the property. [02:09:16] We bring multiple disciplines to these types of inspections [02:09:19] because there are multiple disciplines involved, [02:09:23] and you need the experts in each of those fields. [02:09:26] We don't go in more than once. [02:09:27] We go in once. [02:09:28] We take a look, and we get out. [02:09:30] That's what we do. [02:09:31] And the only reason we had to do that [02:09:33] is because this lady refused to let us into her property [02:09:37] when we requested it multiple times. [02:09:39] That's all I'm gonna say about it. [02:09:40] We have a court case pending, [02:09:42] and the judge will hear all about it. [02:09:44] But to sit here and listen to these folks [02:09:47] disparage me and defame me like they have [02:09:50] without any basis whatsoever is appalling, quite frankly. [02:09:56] Would you have these people removed, please? [02:10:00] No problem. [02:10:01] You're all hypocrites. [02:10:03] You know exactly what you've done. [02:10:08] And so we're hearing from people [02:10:10] that are threatening to sue the city, [02:10:12] and they're not happy with the city attorney. [02:10:15] Well, that's pretty convenient. [02:10:17] Yeah, they don't want me to defend the city. [02:10:19] They don't want me to defend the city's interest, [02:10:22] but here they're threatening to sue you. [02:10:24] We do not have any pending litigation [02:10:26] that is not currently being handled [02:10:28] by the city's insurance carriers. [02:10:31] It's my obligation to tell you [02:10:33] if we are facing significant litigation [02:10:35] that is not covered by our insurance [02:10:37] that will expose the taxpayers to liability. [02:10:40] We have no such litigation, [02:10:41] and we've had no such litigation [02:10:42] in the six years that I've served the city. [02:10:45] One of the things that I try to do [02:10:47] is to make sure that the city [02:10:48] does not face that type of litigation, [02:10:50] that when we have a legal problem, [02:10:52] it is something that's covered by insurance, [02:10:55] and there's adequate insurance to cover it. [02:10:57] We do not have an increase in our insurance coverage rates [02:11:01] as a result of excessive claims activity. [02:11:05] There's a lot of exaggeration being thrown at you [02:11:08] during these proceedings. [02:11:09] I don't know why they think that it's my responsibility [02:11:13] to control what police officers do or say [02:11:16] on a regular basis. [02:11:17] I do not go in the cars with them. [02:11:19] I do not follow them. [02:11:20] If an issue is brought to my attention, I deal with it, [02:11:23] and I have done so, and I will not talk about specifics [02:11:26] with respect to officers that I've had to get involved with, [02:11:29] but I will say that our police officer [02:11:30] is doing a heck of a job. [02:11:32] Every time I bring one into court, [02:11:34] they're well-prepared, they're on time, [02:11:36] and they do an excellent job of testifying [02:11:38] in the cases that I've represented the city. [02:11:40] We've never lost a code enforcement case, [02:11:43] and I'm required to enforce the laws that you all adopt. [02:11:49] That's my responsibility, and that's all I'm doing, [02:11:51] and that's all I'm doing in Ms. Wojcicki's case. [02:11:55] That's all I do in any case. [02:11:56] Enforce the laws that you adopt. [02:11:58] If they're not happy with those laws, [02:12:00] they need to bring that to you [02:12:01] and have those laws changed, but I'm doing my job, [02:12:04] and I'm doing it to the best of my ability. [02:12:06] There are probably five attorneys [02:12:08] that do this job at the level that I do it. [02:12:10] I've been doing it for 30 years, [02:12:13] and I give my heart and soul to this city. [02:12:16] Every single day that I come here, [02:12:17] I can't wait to come here. [02:12:19] I can't wait to represent this city. [02:12:20] I can't wait to work for you and this city council, [02:12:23] and this has been one of the most excellent [02:12:25] city councils I've ever worked with, [02:12:28] and I definitely want to continue that, [02:12:30] but I will not sit here and listen to this nonsense [02:12:32] and have these folks disparage me this way [02:12:35] when I'm doing the best that I can for this city [02:12:37] and I'm doing an excellent job for this city. [02:12:40] Thank you, that's all I have. [02:12:41] I'll be glad to answer any questions. [02:12:42] Thank you. [02:12:48] Entertain a motion. [02:12:50] Move for approval. [02:12:51] Second. [02:12:51] To the maker. [02:12:54] Like I said last time, we heard a lot of allegations [02:12:57] and things of evidence and allegations of illegal activity [02:13:02] and things against the law, and like I said last time, [02:13:04] if you think that's true, contact an attorney. [02:13:08] I've mentioned that several times. [02:13:10] They'll let you know whether or not any laws [02:13:13] are being broken or anything, [02:13:14] and then you have an avenue of recourse [02:13:17] to sue or whatever you want to do, [02:13:19] but to keep coming up and saying things are illegal [02:13:21] or saying things are against the law, [02:13:24] I mean, that's not fair to do that to someone [02:13:28] who, in my experience, has always been very forthcoming [02:13:33] and able to answer my questions and my thoughts on his role, [02:13:39] and correct me if I'm wrong, is he advises us on the law [02:13:43] what we should or shouldn't do, [02:13:45] and I've gone to him several times for things, [02:13:49] and if he says, hey, Councilor Murphy, [02:13:52] that's not a good idea, that may be a conflict, [02:13:54] you shouldn't do that, and then I go and do it, [02:13:57] well, now that's on me. [02:13:58] I put myself in a bad spot. [02:14:00] So I don't really see him as an enforcer [02:14:03] and tying anybody's arms and saying you can't do something, [02:14:09] that's really not his role, and if he advises something [02:14:12] and somebody does something they shouldn't, [02:14:13] then that's on them, and so I just think [02:14:18] he's always done a good job, he's always worked well with me [02:14:21] and I don't have any issues with his ability [02:14:25] or what he's done. [02:14:27] Thank you. [02:14:28] Deputy Mayor, you're the second. [02:14:30] Yes, thank you, Mayor. [02:14:32] It's been my experience working with Mr. Driscoll [02:14:34] that he's utmost professional, and you know, [02:14:36] sometimes people, you have an idea [02:14:39] about something that ought to be done this way [02:14:41] or should go this way or not, and you kick it around, [02:14:44] and when I've had those kind of discussions [02:14:48] with Mr. Driscoll, it always comes back [02:14:50] to being about is it fair? [02:14:53] You know, this has gotta be fair for everybody. [02:14:56] You can't be partial one way or the other. [02:14:59] You've got to. [02:15:00] look at it as it is and make fair decisions. [02:15:04] And so even though I may think strongly one way or the other, [02:15:09] you know, in those regards, discussions, he's pointed out that, hey, [02:15:15] by doing that way or thinking that way, that's not necessarily fair. [02:15:19] You've got to consider this. [02:15:21] And so when you have somebody, you know, on council that keeps you advised like that, [02:15:29] because we all have our own opinions and biases and how we feel about certain things, [02:15:35] and sometimes that gets in the way of us being fair. [02:15:39] But it's great to have someone on council that keeps us centered in those regards. [02:15:45] And, you know, the fact is that, you know, we talk about suits here or there. [02:15:51] I think the city manager has done an excellent job in communicating with us about possible suits [02:15:58] or claims or so forth. [02:16:00] And I know that, you know, the last council meeting, I'm sorry I wasn't able to attend, [02:16:04] but, you know, that there was a question of whether or not we had lawsuits pending or so forth. [02:16:09] And, you know, we would know that. [02:16:12] That's been well communicated. [02:16:14] And just as my experience is in watching prior to council and after council, [02:16:22] that in the city, you know, we're not a huge, complex city. [02:16:28] But we sometimes have complex issues, right? [02:16:31] And the fact that we've been able to, over the past years, to come through with no claims against us, [02:16:42] things successfully defended, you know, his responsibility is to review our ordinances. [02:16:47] Are our ordinances lawful and will they hold up in court? [02:16:51] So from those situations is that, you know, I think he does an excellent job. [02:16:56] I think that there are limited people with the breadth of experience he has. [02:17:02] And even though he's not full time with us, I feel fortunate to have him as part of our staff. [02:17:09] Thank you. [02:17:10] Councilwoman? [02:17:11] Yes. [02:17:12] So I chose not to vote at the last meeting because I was new to the council, [02:17:16] haven't been here that long, and so there were some things I wanted to research on my own. [02:17:21] And I will say that I asked for a meeting and got right in within a couple of days, [02:17:27] sat and met with Mr. Driscoll. [02:17:30] And I will say he was very professional, gave me lots of information. [02:17:34] Everything I asked him for, he answered for me. [02:17:38] I feel like what he's done in the past up to this point has been handled professionally. [02:17:44] You're not always going to agree, we're not always going to agree, [02:17:47] but his job is to uphold those ordinances and laws that we put in place, [02:17:54] not to be the police but to be the attorney to advise us whether it's legal or not. [02:18:00] And I think that he's doing a really good job at doing that for us. [02:18:05] Thank you. [02:18:06] Mr. Allman? [02:18:07] Yeah, I too had an opportunity to speak with Mr. Driscoll [02:18:11] and have had professional conversations all along. [02:18:17] I do want to share something with you all to really cause us to look at ourselves, [02:18:23] because what we've been hearing has been look at ourselves, [02:18:28] look at what we have done in the light of the complaints that the residents have brought to us. [02:18:34] And so really the comment that you've made that you enforce our policies and support our positions, [02:18:42] it's critical to me that we continue on. [02:18:46] And Councilman Peters, I know when you came on you were excited about the direction the city has come on. [02:18:52] You were a woman for change, but we're all changing, so we're all in this together, [02:18:57] and it's been a good collegial body that we've had together up here. [02:19:03] So I asked about the incident, [02:19:06] because the reason for the delay was the accusation made of the attorney going into a code enforcement violation house, [02:19:16] and I wanted to understand that. [02:19:17] So thank you for allowing me the time to learn more about it, [02:19:22] and that was the underpinning of asking to do that. [02:19:26] We had that discussion, and I asked Mr. Driscoll of why his involvement or why he felt it was necessary that he go, [02:19:35] and your response was that you would go when you were asked to go by the code enforcement or the attorney. [02:19:43] That's a little different than what you're saying today, but let me finish. [02:19:48] The bottom line is you're responsible for the legal advice that's been suggested by the city manager [02:19:56] and to the staff and to the departments. [02:19:59] Putting aside my personal belief that code enforcement belongs in the Land Use and Planning Department because of this very reason, [02:20:10] because a law enforcement officer wants to make sure that we are law-abiding citizens. [02:20:18] The warrant was the topic of, and I only looked, I only saw it yesterday, [02:20:26] this YouTube civil rights attorney 10-minute investigative report on New Port Richey, [02:20:37] which had 7,000 likes and zero dislikes. [02:20:42] The reality is 6,800 and some were probably not New Port Richey residents, [02:20:51] but what is being blasted out is that the city has done something wrong, [02:20:56] and they showed a video of the police entering into a house and looking in cabinetry doors, drawers. [02:21:07] It didn't look to me like we were looking for missing walls or sockets or anything. [02:21:14] It looked to me like we were involved in a warrant. [02:21:19] And then when I saw this, and yes, there is no parcel ID number, [02:21:24] so as much as you say everything that's coming at you personally is wrong, [02:21:31] factually, as the folks have been coming to us saying, here are the facts. [02:21:35] City Council, what are you going to do about it? [02:21:37] I'm looking at the document, and it says the zero zero's out, [02:21:42] but most importantly it says that the lawful assistance is hereby commanded between the hours of 8 and 9, [02:21:52] and with the presence of the owner or occupant over 18 years of age of the particular premises described. [02:22:01] If the occupant was not there, tell me that it's lawful to do something that the document says you're authorized to do [02:22:11] if the occupant is not there. [02:22:13] So these are the issues that are being blasted out factually with pictures showing this particular incident. [02:22:22] And then we see the sign that says something negative about the city, that we're not a good city. [02:22:30] I don't know the exact verbiage of it, but it's been out there. [02:22:33] So if you take the timeline of someone is opposed to our city, someone searches that individual's property [02:22:45] and identifies what they think and attests that something has happened, which, [02:22:50] and Mr. Attorney, you've got to agree with me when it says that it's the immediate threat or health safety. [02:22:59] These are the kinds of things that you bring to us for us to decide that we have agreed, [02:23:05] and you have won in court, that we have said a property with testimony is a health hazard [02:23:13] or a safety hazard or what we're doing with the hotel. [02:23:16] So I'm not here to argue against the policies that are being made by the city attorney, [02:23:23] but the one thing that you also said was tell you what to do. [02:23:28] And so I can see where this is going, but I have to ask my colleagues. [02:23:33] We can't just ignore the commentary. [02:23:36] We can't ignore the public, you know, kicking that is coming at us without some kind of legal advice to say, [02:23:52] should we be more clear as a city council? [02:23:55] Because I don't approve of that. [02:23:58] I don't approve of anything that brings us back to the Sullivan and Brennan lawsuit of 1980-something, [02:24:06] which is selective enforcement. [02:24:08] So what is the, you know, what is the real issue behind this action? [02:24:16] And I would like our city attorney to tell me as a city council his opinion, [02:24:23] because you're our client and I'd like us as a city council to ask our attorney to give us the opinion, [02:24:30] not to be diluted by any sense of obligation or thanks for all the praise [02:24:40] and all the other things that are coming at you, because you've worked for 30 years. [02:24:44] I've worked for 20-some years. [02:24:46] This is the end of my career. [02:24:48] I don't care if I get elected again. [02:24:51] I have no intentions today of running again. [02:24:54] That may change tomorrow, but not today. [02:24:57] I'm telling you, it doesn't look good. [02:25:01] The optics are not good. [02:25:03] And it has been a combination of issues that we've sat up here and then said, [02:25:10] hold back and don't respond because it could be a pending legal issue. [02:25:14] And yet we have no pending legal issues. [02:25:17] We're in good shape and nothing's wrong. [02:25:20] So I think we need more transparency about what has happened, [02:25:27] and we need to have, as a council, we need to have someone tell us. [02:25:33] And to me, that's our attorney. [02:25:37] We just heard you. [02:25:38] You've done this for 30 years. [02:25:40] We don't need it today. [02:25:42] But I'm not satisfied to allow us to just let this woman have had her house invaded by officers, [02:25:54] maybe rightfully having their guns out, whatever. [02:25:59] She wasn't there. [02:26:02] And why did we do this? [02:26:04] That's what I want to know. [02:26:06] And I can just answer that pretty quickly. [02:26:08] But, again, I don't want to talk about pending litigation. [02:26:11] As I said before, the warrant is valid. [02:26:13] The warrant was properly executed, and we did properly enter the property. [02:26:18] And there was many attempts to get voluntary entry into the property [02:26:24] that were denied by the property owner. [02:26:26] When there is a known violation of the code at a property, we have no choice. [02:26:30] And that's why I said, I mentioned that the policies of the city are in the ordinances [02:26:35] that this city council adopts. [02:26:37] Once you adopt those ordinances, it's our responsibility to enforce those ordinances. [02:26:41] There are violations in the property that are the subject of pending claims [02:26:47] that are going to be heard by the county court in November. [02:26:51] They would have been heard last Thursday, as I said, [02:26:53] but the property owner's attorney requested a continuance and got that continued. [02:27:02] So I'll be glad to answer any questions, but as far as discussing this publicly, [02:27:06] we should wait until after the litigation is concluded. [02:27:09] I didn't ask that you discuss it. [02:27:11] I said I thought that I would like to get some response, [02:27:14] and I think that as a council we ought to be unified in the sense that we want a diverse city, [02:27:20] we want a city that people feel comfortable in, and maybe we have to change our policy. [02:27:26] We shouldn't be getting warrants and entering into properties, in my view, [02:27:30] if we think that they've done some illegal construction, [02:27:35] particularly if those people have outwardly expressed their disappointment with the city. [02:27:41] It just doesn't look good. [02:27:44] Thank you. [02:27:47] I have on numerous occasions asked the city attorney for opinions on how I should conduct myself, [02:27:58] on what the law requires of us, and in every case he has been readily available and has done that. [02:28:11] And I would agree with former Councilman Davis, [02:28:18] definitely better than some of the ones we had in the past where I never was quite 100% sure I trusted the advice [02:28:27] I was getting. [02:28:31] We've got an unfortunate situation where we have a small group of very unhappy people [02:28:40] who have been attacking the city for now going on two and a half years. [02:28:47] It's the same stuff every single meeting, although they did miss a few, I'll grant them. [02:28:54] But it's just over and over and over again, wild allegations, [02:29:00] most of which are untethered by facts of any sort, threats of litigation, continuously. [02:29:10] It is an attempt to intimidate the city council. [02:29:15] It is an attempt to intimidate the city attorney, the city manager, the chief of police. [02:29:23] This has been happening over and over and over again. [02:29:27] I have held my peace on this and tried not to get too far in the weeds. [02:29:33] But I do have some questions about that group. [02:29:37] Why they terrorized kids in their own front yards, whether or not it was official policy [02:29:46] that they were marching through the downtown explicitly to hurt people, [02:29:51] to hurt the businesses that were downtown. [02:29:55] In the case of Mr. Jones and his arrest, [02:29:59] the question that nobody... [02:30:00] has asked is not not only why did he get himself between [02:30:05] a police officer and a peaceful protester [02:30:10] as the police officer was trying to disarm her [02:30:13] but why was that peaceful protester [02:30:16] packing a firearm in the first place? [02:30:19] Get her out of there please. [02:30:30] Settled that one down nicely Mr. Mayor. [02:30:34] But this has been going on for two and a half years. [02:30:39] It's the same garbage every single meeting, [02:30:43] the same handful of people getting up and saying the same stuff over and over [02:30:48] again [02:30:48] and quite frankly it's hard to determine whether or not [02:30:53] anything that they're saying has any bearing in truth [02:30:57] because they have put out so much misinformation, [02:31:01] so many just flat-out lies and misrepresentations [02:31:06] over and over and over again. So as a city council member [02:31:11] I have a hard time knowing what to believe when they're talking [02:31:15] because it is very difficult to determine if [02:31:18] any of it is true. But I'd love to [02:31:23] see them [02:31:26] settle down and go about their lives. [02:31:30] Mr. Mayor, could I address the motion one last time? [02:31:33] Just to suggest that the [02:31:36] whole discussion about [02:31:40] fit for service, put all of that aside for a moment and [02:31:44] go back to the comment about the hiring [02:31:48] and that we are hiring the city attorney and [02:31:52] when I was managing a [02:31:56] community development district of the same size as the city [02:32:01] the board made a [02:32:04] concerted effort. Every three years they went out for bid for their [02:32:09] management [02:32:10] and they went out for bid for their legal and they invited their attorney and [02:32:14] their managers to [02:32:15] participate. And so in the sense that [02:32:19] we talk about value and [02:32:23] and we have it, he'd get [02:32:28] reappointed again. So I never objected to it and I wouldn't think that our city [02:32:33] attorney would object that [02:32:34] come next year when we're setting our budget [02:32:37] if we have that discussion to say [02:32:41] you know let's make sure that we [02:32:45] allow others to say hey I'm as good as Mr. Driscoll [02:32:49] because he says he's one of the best and he gets to demonstrate that he's one of [02:32:53] the best [02:32:54] and it goes that way [02:32:57] and the public feels that we have done our job to make sure [02:33:01] that we are getting the best [02:33:05] and that we are testing the prices and the values of things. [02:33:09] That's a very civilized and standard procedure in some communities [02:33:16] and it's not something that's going to happen today [02:33:19] but I'll bring it up again over the course of the next year. [02:33:22] Before I was interrupted I was going to say that we cannot [02:33:26] base our decision [02:33:29] on a mob [02:33:33] that is spouting [02:33:36] inaccuracies, exaggerations, [02:33:40] out and out lies, trying to [02:33:44] personally discredit or defame any [02:33:48] member of the staff that we are [02:33:52] charged with hiring and that includes the city manager [02:33:56] and I'm not going to stand for it. [02:33:59] These people are wrong. [02:34:04] They have been wrong since the get-go. They continue to be [02:34:08] wrong. They take no responsibility for their [02:34:12] own actions and the troubles that it has caused them [02:34:15] and yet they want to pin all of the blame for [02:34:19] any of their misfortunes on our city manager or on our city attorney. [02:34:24] I'm not buying it and I think the city manager has done a good job, [02:34:30] the city attorney has done a good job [02:34:33] and for these [02:34:37] small group of people to get out there [02:34:41] and quite frankly defame both of them, [02:34:45] defame the police chief, I remember vividly [02:34:49] when Marlo Jones got up in front of the whole bit [02:34:53] and wanted to know why the chief [02:34:57] wasn't in attendance and why he was off on vacation on [02:35:02] January the 6th of [02:35:05] 2020 or 2021 [02:35:09] and at that point it was [02:35:13] quite frankly none of Mr. Jones's business why the chief wasn't there. [02:35:18] The chief had very good reasons [02:35:21] and I knew full well he was down in Tampa. He wasn't [02:35:26] at the Capitol [02:35:30] because he was in a hospital [02:35:33] and you know just [02:35:38] no decency whatsoever [02:35:41] and I've been watching [02:35:45] some of the hearings [02:35:49] that were done back in 1953, [02:35:52] 1954 [02:35:56] where a gentleman stood up [02:35:59] to Joseph McCarthy and said point blank, have you [02:36:03] no sense of decency left? And I would ask that question of this group that [02:36:08] keeps coming [02:36:09] week after week, do any of them have [02:36:12] any sense of decency left? Because [02:36:15] they are attacking people on a personal basis that [02:36:19] absolutely do not deserve it and it's wrong, [02:36:24] it's immoral and they need to be called out on it [02:36:28] and that's just, [02:36:32] it's just absolutely wrong and that's where I stand. [02:36:37] So I am going to vote in favor of retaining [02:36:40] the city attorney. There's no further discussion. [02:36:44] All those in favor please signify by saying [02:36:47] aye. Opposed like sign. [02:36:51] Aye. Motion passes. Communications. [02:36:55] Mr. Murphy?

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21. 11Communications▶ 2:36:57
22. 12Adjournment▶ 2:52:25