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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_07/09/20091. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 7/9/09 Meeting Type: Regular Ordinance #: Click here to enter text. Consent Agenda: No Resolution #: 20-09 Originating Department: Clerk 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Resolution 20-09, Amending Resolution 07-07/08 a Public Records Policy and Setting a Uniform Fee Schedule for Public Records Inspection /Duplication 3. BUDGET /FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: N/A Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Request to change charges for records requests costing less than $3.00 (including postage) and an increase in lien search fee. 5. APPROVALS: Dept. Head: ~ ~ Finance Director:%`. ~ Reviewed for Financial Sufficiency ^ No Financial Impact Attorney: (for legal sufficiency) ~.?.L ~C~,c~. Yes [~ No ^ Village Manager: ~-i • SUBMIT FOR COUNCIL DISCUSSION: [~ • APPROVE ITEM: Q • DENY ITEM: ^ J MEMORANDUM Village of Tequesta Clerk's Office TO: Mr. Michael Couzzo, Village Manager FROM: Lori McWilliams, Village Clerk t~ DATE: May 13, 2009 SUBJECT: Lien /Code Violation Search Fees Resolution 7-07/08 charges a fee of $5.00 to a Lien Search company for staff to process alien /code violation search. This fee covers the staff time it takes to search for a lien or code violation and compile the requested information. Each search involves work by the water utilities department, Village Clerk's Office and Code Enforcement Office. As the records custodian, all record requests come through my office; therefore, the Clerk's Office processes and receives all lien search requests and payments. Currently, the turn-around time to process a lien search in full is approximately 3 days. We do not charge a rush fee, however are frequently asked to rush these services. I would estimate that it takes approximately 1 hour in total for all three departments to complete each lien search. The hourly salaries of those who process the requests are: Deanna Mayo - $15.75, Lorraine Ferrina $17.33 and Joe Petrick $24.98; with an average of the three being $19.35. Recently, the Palm Beach County Municipal Clerk's Association members responded to a survey regarding their municipalities search fees (see attached responses). As you can see, the Village of Tequesta, along with Atlantis, charges the least with Palm Beach charging the most; however, the average search fee is $20.00 among those who responded. Many lien companies charge their clients a standard flat municipal lien search fee as high as $150.00 as opposed to the rate the Village actually charges. Recommendation I recommend Council amends Resolution 7-07/08 to include a $25.00 lien search fee simply to cover the salary costs of staff compiling the requests and postage. Additionally, I suggest a rush fee of $50.00 for searches requesting aturn-around time of 24 hours. Municipality Charge -Per PCN Turnaround Time Rush Fee -Same Day Note Delray Beach 25.00 3 days or less Possible increase Lantana 20.00 5 50.00 Palm Beach 35.00 3-5 100.00 Atlantis 5.00 Lantana 20.00 5 50.00 Mangonia Park Palm Springs 25.00 3-5 50.00 (24-48 hrs) Highland Beach 25.00 Pahokee 15.00 Juno 10.00 MEMORANDUM Village of Tequesta Clerk's Office TO: Mr. Michael R. Couzzo, Jr., Village Manager Honorable Mayor and Village Council Members FROM: Lori McWilliams, Village Clerk DATE: June 25, 2009 SUBJECT: Resolution 20-09, Amendment to Public Records Policy and Fee Schedule The attached Resolution is an amendment to Resolution 07-07/08, which was adopted in January 2008. I am requesting approval to change the following information: Item Chan a Reason Copies -page 3 There will be no charge for It is not an efficient use of record requests that cost less staff time to process and than $3.00 (including postage). charge for a record request under $3.00. More time is spent tracking, collecting, and processin the char e. Lien/Code Search - From $5.00 per search to $25.00 A survey was done of Palm page 4 per search and $50 per rush Beach municipalities and the search average lien search fee is $22.00 and average rush fee is $62.50. For your convenience, I have e~iskea the items that should be removed and underlined the items that have been added. Please contact me any time prior to the meeting should you have any questions, concerns or general comments regarding the Resolution and the law. McWilliams, Lori From: keith W. Davis [keith@corbettandwhite.com] Sent: Thursday, June 25, 2009 5:14 PM To: McWilliams, Lori Subject: RE: Res 20-09 Records Policy Revisions.pdf -Adobe Reader Lori: On your memo to the Manager and Council dated today, remove the words "with a" in the "Change" box associated with the Item "Copies -page 3". On the Resolution, end each "Whereas" clause with "; and" except the last one which just ends with a period. Finally, add the following two "Whereas" clauses after all the existing ones: WHEREAS, the Village's current established fees for lien and code violation searches are inadequate to cover the Village's actual costs for performing these services; and WHEREAS, the Village Council desires to update its fee schedule so that the Village's fees for performing such services are adequate to cover the Village's actual costs. Keith W. Davis, Esq. Corbett and White, P.A. Tel: (561) 586-7116 From: Trela White [mailto:trela@corbettandwhite.com] Sent: Thursday, June 25, 2009 4:29 PM To: 'Keith W. Davis ' Subject: FW: Res 20-09 Records Policy Revisions.pdf -Adobe Reader From: McWilliams, Lori [mailto:Imcwilliams@tequesta.org] Sent: Thursday, June 25, 2009 4:12 PM To: trela@corbettandwhite.com Subject: Res 20-09 Records Policy Revisions.pdf -Adobe Reader Trela, I would like to revise the records policy. Please see the attached. I have included my changes in red for you so that they will stand out. I will remove the red and place underlines prior to sending to Council. Also, on page 4 of the resolution, I have removed the word "that" in the * wording. Please let me know what you think. Lori IMPORTANT. The contents of this email and any attachments are confidential. They are intended for the named recipient(s) only. If you have received this email in error, please notify the system manager or the sender immediately and do not disclose RESOLUTION NO.20-09 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING RESOLUTION 07-07/08, ESTABLISHING A PUBLIC RECORDS POLICY AND SETTING A UNIFORM FEE SCHEDULE FOR PUBLIC RECORDS INSPECTION /DUPLICATION. WHEREAS, Florida Statutes, F.S. Section 119.011 (11), defines "public records" to include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency; and WHEREAS, Section 119.07 (1) (a) and (b), F.S. establishes a right of access to public records in plain and unequivocal terms: (a) "Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under the supervision of the custodian of the public records." (b) "A custodian of public records or a person having custody of public records may designate another officer or employee of the agency to permit the inspection and copying of public records, but must disclose the identity of the designee to the person requesting to inspect or copy public records." WHEREAS, Section 119.07 (1) (c) F.S., provides that the "custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed," and 1 WHEREAS, Section 119.07 (4) provides that "the custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized: (a) 1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8 %2 inches; 2. No more than an additional 5 cents for each two-sided copy; and 3. For all other copies, the actual cost of duplication of the public record. (c) An agency may charge up to $1 per copy for a certified copy of a public record," and WHEREAS, pursuant to Section 119.07 (4) (d) F.S. "(I)f the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both," and WHEREAS, the Village's current established fees for lien and code violation searches are inadequate to cover the Village's actual costs for performing these services; and WHEREAS, the Village Council desires to update its fee schedule so that the Village's fees for performing such services are adequate to cover the Village's actual costs. 2 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 The Village Clerk shall be, and is, the authorized custodian of all records of the Village of Tequesta. Section 2 Upon receipt of a public records request, the Clerk or Clerk's designee shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records and in accordance with 119.07(1)(d) which reads as follows, "(A) person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying." Section 3 In the event that copies of any record are requested, then the fees for duplication shall be in accordance with the following records fee schedule: Record I Size Single/Double/Color ' Gost * Copies: 8 '/z X 11 Sin le Sided $.15 per pa e 8 '/ X 11 Double Sided .20 per page 8 '/2 X 11 Color copies .40 per pa e 8 '/ X 14 Sin le Sided .15 per pa e 8 '/ X 14 Double Sided .20 er pa e 8 'h X 14 Color co ies .40 per pa e 11 X 17 One Sided .25 per pa e 11 X 17 Double Sided .30 per a e 11 X 17 Color Co ies .50 per pa e Certified Co ies: $1.00 er pa e CD/DVD, Cassette Ta es: Village supplied CD's $1.00 per CD Villa a sup lied cassette tae $1.00 per to e Villa a supplied DVD $1.00 per DVD Photos: $3.00 per photo 3 ~+Id~ff Plans: Actual cost to send to outside print agency for duplication Special Service Shall be reasonable and shall be based on the cost incurred for such Fee: extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. The Special Service Fee will begin to accumulate after the first 15 minutes and will be charged based on the actual labor cost for clerical personnel who are required, due to the nature or volume of a public records request, to safeguard such records from loss or destruction durin their ins ection. Lien/Code $5: A8-p°~vl~ Violation Search $25.00 per search fee $50.00 rush search fe (24 hour turn around re uested Police: Crime Reports, Incident Reports and other No Charge Re orts -Victim Fingerprint Fee: Resident No Charge - no limit on number of cards rocessed Non-Resident $5.00 -per card - no limit on number of cards processed '~ There will be no charge for record requests with a that cost less than $3.00 (including osta e . Section 4 This Resolution shall become effective immediately upon passage.