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Port Richey Dissolution Ordinance Takes First Step

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By KLINT LOWRY | The Suncoast News

Published: February 28, 2009

PORT RICHEY - The city took another step Tuesday toward once again putting its future in the hands of voters. City Council approved on first reading an ordinance calling for a special referendum on whether to dissolve the city and the process that would follow should the referendum pass.

On Jan. 27, the council directed City Attorney Michael Brannigan to draft the ordinance, ostensibly as a response to a petition signed by 225 residents to put the dissolution question to voters.

On Tuesday, the debate got a little more passionate, while at the same time details began to find their place among the raw emotions as residents and council members made their cases for and against the idea of a referendum and dissolution itself.

After about an hour of speechmaking, the vote to approve the ordinance on first reading went the same way as the vote directing Brannigan to draft the ordinance. Councilmen Phil Abts, Perry Bean and Mark Hashim voted yes and Mayor Richard Rober and Councilman Steven O'Neill voted no.

Because of the gravity of the issue and the fact this was the first time the ordinance was being presented in a public forum, Brannigan read through it in its entirety.

The ordinance explains how the city meets the three criteria needed for dissolution under the Formation of Municipalities section of Florida statutes:

•It cannot be substantially surrounded by other municipalities.

•The county or neighboring cities must be able to provide necessary services.

•Arrangements must be made in relation to bonded indebtedness and the vested rights of city employees.

The ordinance then goes on to describe the steps that would take place should residents vote to dissolve the city.

If that happens, the city charter would be immediately revoked and the municipal corporation resolved. City council would remain in place for the sole purpose of developing and implementing a dissolution plan. It would have to begin developing the plan within 30 days of the vote and have it completed within 90.

The ordinance also spells out the minimum requirements for severance packages for city employees.

"This is by no means all-inclusive," Brannigan said as he concluded reading the ordinance. The process of dismantling a city and all its departments, the accounting and inventory that would be necessary, would be quite complicated, he said.

Brannigan also emphasized that if the city is dissolved, it is unlikely it could ever be brought back in any form. With a population of about 3,200, Port Richey has less than half the population required to apply for municipal status.

While all the talk on Tuesday did nothing to change what was essentially a predestined vote, it did serve to frame some of the questions that are sure to continue in the weeks and months to come. The questions, particularly those from residents in attendance, covered the spectrum, from political motivations to technical and financial aspects of dissolution that need to be considered.

Jim Diamond, director of operations for the West Central Florida Police Benevolent Association, started the public comment portion by saying he was perplexed at what appears to be a city at cross-purposes. Although in the midst of long-term plans, including a charter review, the city is talking about dissolution, the union leader noted.

"That is absolutely absurd," Diamond said. With no apparent fiscal reason for this to be happening, personal self-interest can be the only reason why this issue is being pushed, he asserted.

Resident Terrence Rowe followed up on that point, asking that proponents explain why they are so intent on dissolution.

"We only ask for the truth," Rowe said, "reasons that are sound, that are based in fact, backed with proof, and not on hearsay and innuendo."

Amy Scott, a City Council candidate, and Steve Johnston, two of the people behind the recent dissolution petition drive, sought to downplay the question of dissolution and focused on the question of putting the issue to a vote.

"There's something called democracy; it's a great thing," Johnston said. "Democracy should decide this issue."

Practical matters, like what happens to the city's assets and liabilities in the event of dissolution and logistical issues were raised as well. They will almost surely be discussed in the weeks to come, particularly if the ordinance passes on its second reading, set for March 10.

If that occurs, the process of organizing a special referendum will begin, with the actual voting required to take place a minimum of 60 days later, likely making that sometime in mid to late May.

To hear all the various issues discussed Tuesday night and who said what, a complete audio recording of the meeting is available on the city's Web site, www.copr.net.

Klint Lowry can be reached at 727-815-1067 or klowry@suncoastnews.com.

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