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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_11/04/2010 VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text. 11/04/10 Consent Agenda: Yes Resolution #: 32 -10 Originating Department: Clerk 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Resolution 32 -10 Amending Resolution 20 -09 and Revising the 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: Amount Remaining after item: N/A 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 amend language under "Lien / Code Violation Search" to read, "includes code violations, utility charges, and other governmental imposed lien searches." 5. APPROVALS: Dept. Head : Finance Director i l l" Reviewed for Financial Sufficiency No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: • DENY ITEM: ❑ 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: October 25, 2010 SUBJECT: Resolution 32 -10 Public Records Policy In order to cover the full array of services provided during lien searches, I request Council amend the Resolution language under "Lien / Code Violation Search" to read, "includes code violations, utility charges, and other governmental imposed lien searches." When a lien inquiry is requested, a thorough search is completed that includes water utility charges, code violations, open permits, and Village imposed liens. Recently, we have had some lien companies attempting to request only the water charges in order to bypass the full lien search and its accompanying fee. RESOLUTION NO. 32 -10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING RESOLUTION 20 -09 AND REVISING THE PUBLIC RECORDS POLICY AND SETTING A UNIFORM FEE SCHEDULE FOR PUBLIC RECORDS INSPECTION / DUPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 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 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 '/ 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. 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 Size Single /Double /Color Cost - Copies: 8 Y2 X 11 Single Sided $.15 per pa e 8 '/2 X 11 Double Sided .20 per page 8 V2 X 11 Color copies .40 per page 8 Y2 X 14 Single Sided .15 per age 8 14 Double Sided .20 per page 8 Y2 X 14 Color copies .40 per page 11 X 17 One Sided .25 per page 11 X 17 Double Sided .30 per page 11 X 17 Color Copies .50 per page Certified Copies: $1.00 per page CD /DVD, Cassette Village supplied CD's $1.00 per CD Tapes: Villa a supplied cassette tae $1.00 per tape Village supplied DVD $1.00 per DVD Photos: $3.00 per photo 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 during their inspection. Lien /Code Includes code Violations, utility charges, and $25.00 per search fee Violation Search other governmental imposed lien searches. $50.00 rush search fe (24 hour turn around requested Police: Crime Reports, Incident Reports and other No Charge Reports — Victim Fingerprint Fee: Resident No Charge — no limit on number of cards p rocessed Non - Resident $5.00 — per card — no limit on number of cards processed There will be no charge for record requests that cost less than $3.00 (including postage). Section 4 This Resolution shall become effective immediately upon passage.