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HB1359 On Hold Until Next Session

April 1, 2008 - It is only fair and responsible to the many people who worked so hard on the proposed Town of Palm Harbor Charter and Feasibility Study, those who attended our meetings, signed the petition, and otherwise wished for this local Bill to pass this Legislative session, that I respond to Representative Nehr's Media Release concerning HB 1359.[See below]

1. On behalf of the Palm Harbor Coalition I want to sincerely thank Representative Nehr for his efforts to see this Bill through the Legislature. This would have been a difficult Bill to get passed through this session. It was the first time a bill on the Incorporation of Greater Palm Harbor had been introduced, and there is currently much uncertainty in the eyes of State and County government over the future revenue mix (ad valorem, sales tax, etc.) and how it would affect our revenue and expense projections. Nonetheless, Representative Nehr believed that we, as citizens of Palm Harbor, East Lake, Ozona, and Crystal Beach, had the fundamental right to vote on whether we wanted to incorporate ourselves, and we feel strongly that he be commended for this. Had the bill passed, which allowed for a referendum next November, the vote for Incorporation may have gone either way.  Yet, the citizens would have truly known the benefits and drawbacks to carving a municipality out of the North Pinellas unincorporated areas, and known why the Palm Harbor Coalition feels so strongly about how our tax dollars, collected by Pinellas County, are being apportioned (or mis-apportioned) by our County government.

2. We first saw a summary of the objections raised by Chuck Hungerford, Senior Legislative Analyst to the Florida Legislative Committee on Intergovernmental Relations, last Thursday, March 27th. The Coalition committee members that worked on the Feasibility Study and Charter met that night to formulate a response. By Saturday afternoon, March 29th, we submitted the response by email to Representative Nehr [see attachment]. Our response is accurate, detailed, and directly addresses Hungerford's objections.

We understand that Representative Nehr must rely on his staff's objections. Yet, he does allow in his media release that we raised points that might have altered the analysis. We feel certain that the analysis was flawed in its assumptions and methodology, and that we could have convinced Hungerford, his staff, and House members of this, given enough time. In the end, we received the analysis too late in the legislative process, and wish that Hungerford had submitted his analysis sooner.

3. We promised Representative Nehr that we could incorporate and operate a municipality with the revenues we would receive at projected levels after the impact of Amendment 1; there never was a need to raise taxes. In fact, not one analysis has criticized our expense projections, nor indicated in any manner where something was left out. The revenue projections were acknowledged by the County as being correct.   Therefore, either Mr. Hungerford's analysis is incorrect, or Pinellas County is sending Palm Harbor and East Lake substantially less than what we should receive in direct tax benefits. We hope that the Pinellas County Government will scrutinize Hungerford's analysis and act accordingly on our - the communities of Palm Harbor, East Lake, Ozona, and Crystal Beach - behalf. Then one of the reasons we wanted to have a vote on incorporation might be addressed.

4. We agree to include all Charter corrections and changes recommended by Hungerford and his staff. But, the Charter is substantially sound as submitted. These changes could have been made overnight and resubmitted, if the bill remained in Committee.

5. There are other reasons besides receiving our fair share of taxes back into our communities that we wanted to have a vote on incorporation. They include but are not limited to:
Local self government; we can better and more responsibly govern ourselves locally in a Town of 100,000 than as a small part of a County 10 times our size.
Preservation of unique community attributes; we can better preserve our local community attributes than the County can or has been willing to.
Better services and infrastructure; perhaps we would have solid waste collection, sidewalks along heavily used roads, parks and recreation that at least come to the average State recommendations
In summary, in our opinion the Legislative review, while welcomed, and required, was not the true reason this bill died in Committee.  Moreover, we dispute Council Chairman Atkinson's decision that this was "not the time" to consider the "incorporation of new cities".   We did not ask that the Legislature incorporate Palm Harbor as a city, but instead asked for the right to vote ourselves on whether we wanted to become a city.  There is a tremendous difference here - are we, as residents of our community, with all access to information on our projected revenues and expenses, facts on taxes we currently pay and amounts that are returned directly to our community, with comparisons in services provided to our community versus those in surrounding community, to be trusted with this vote? Apparently someone in the Legislature, not Representative Nehr but someone more senior, thinks that we aren't smart enough, aren't concerned enough, aren't righteous enough to take more control over our local government and our communities. This is the true shame of this bill's death in this session.

We will continue to work on our Feasibility Study and Charter. We will continue to educate our community. We will continue to fight for more of our taxes to be returned to Palm Harbor, East Lake, Ozona, and Crystal Beach. We WILL return to the Florida Legislature next year! I sincerely hope that Representative Nehr, or whomever is elected to represent us in the Florida House, commits to sponsoring this bill again.

Respectfully,

Jim Kleyman, Spokesperson
Palm Harbor Coalition
(727) 798-6645
----- Original Message -----
From: Nehr, Peter
Sent: Monday, March 31, 2008 4:12 PM

To all those involved in the local HB 1359 to incorporate Palm Harbor into a city:
Due to some attention that this local bill is receiving, I am sending this e mail to the media, the Pinellas Delegation, to the leaders of the Palm Harbor Coalition and to the representatives of Pinellas County and others who may be affected by this bill to give you an update.

Brief History:

Last year I was approached by a group of citizens who wanted to incorporate Palm Harbor into a city because they felt, among other things, that they were not getting back an equal amount of services for the taxes they paid into the County. I agreed to sponsor a local bill that would give the citizens of Palm Harbor the right to vote in a special referendum whether or not they wanted to become a city. I neither supported the bill nor opposed the bill. What I wanted was to give the citizens of Palm harbor an opportunity to have a say in their future as taxpayers.
As I expressed publicly at the last Pinellas Delegation meeting, moving this bill forward was conditional on the assumption that the taxes paid by the citizens of Palm Harbor would not increase and they would get the same or better services than they are now receiving from the County of Pinellas. Senator Fasano agreed to sponsor the proposal in the Senate with the same conditions and also asked for 1000 signatures from Palm Harbor citizens in support of incorporation. These signatures were obtained.
Part of proposing such a bill in the Legislature comes with the benefit that a professional staff of individuals who work for the State will do a fair and comprehensive staff analysis and report on the feasibility of such a proposal. My continued movement of this bill would be based on this staff analysis.
Unfortunately the initial staff analysis came back saying that taxes would have to be increased if Incorporation were to become a reality. The analysis is lengthy and I have not included it in this e mail but I have attached a letter from the Senior Staff Analyst which summarizes the findings.

[Staff Analysis Documents: Department of Community Affairs Review, Office of Economic & Demographic Research, Florida Department of Revenue, Legislative Committee on Intergovernment Relations]

In all fairness, the Palm Harbor Coalition did raise some points that may have changed the staff analysis and this may be looked at in the future.
Where we are today 3/31/08
I have attached a letter from Council Chairman Atkinson which summarizes his feelings about incorporating any new city during this session of the Legislature. This letter is not specific to Palm Harbor and is made to address any area in Florida who may want to incorporate. Since the HB 1359 will not be heard in Committee or Council, this issue is in effect closed for this session.

I have tried to answer in advance any questions regarding this issue but I am willing to answer any additional questions that may arise. Please contact my office at (850) 488-5587.

I want to thank the Palm Harbor Coalition, the Pinellas Delegation and the many people who both signed and gathered signatures for the petition. State staff also spent many hours on this issue and they should be commended for their hard work.
Sincerely,
Peter Nehr
Representative Peter Nehr
District 48
District Office: 727-943-4880
Tallahassee 850-488-5580

House Bill Filed for Palm Harbor Incorporation Referendum & Petition Submitted

Palm Harbor, FL – Rep. Peter Nehr introduced HB 1359 this State Legislative session and received over 1000 signatures on a petition supporting the Bill. The bill will be heard by the Committee on Urban & Local Affairs which is under the Gov. Efficiency and Accountability Council. The Policy & Budget Council does not have any sub-committees.

The bill “creates Town of Palm Harbor in Pinellas County; provides charter; provides council-manager form of government; provides boundaries; provides municipal powers & duties; establishes fiscal year; provides for annual budget & appropriations; provides for referendum requirements for revenue bonds & other multiyear contracts; provides for financial audit; provides for nonpartisan elections; provides for charter review committee; provides transitional schedule & procedures; provides for continuation of communications services tax; provides for accelerated entitlement to state shared revenues; provides for receipt & distribution of fuel tax revenues; provides for participation in local government infrastructure surtax; provides waiver of certain statutory requirements; provides for continuation of those portions of Palm Harbor Special Fire Control District, Palm Harbor Community Services District, East Lake Tarpon Special Fire Control District, & Pinellas County Library Services District lying within town boundaries; provides for law enforcement; requires referendum.”

To follow the bill, click on http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=39246&BillText=palm+harbor&HouseChamber=B&SessionId=57.

Bill History:

Event	Time	Member	Committee
Now in Government Efficiency & Accountability Council	Friday, March 07, 2008 8:25 PM		Government Efficiency & Accountability Council
Referred to Policy & Budget Council	Friday, March 07, 2008 8:25 PM		Policy & Budget Council
Referred to Government Efficiency & Accountability Council	Friday, March 07, 2008 8:25 PM		Government Efficiency & Accountability Council
1st Reading	Tuesday, March 04, 2008 10:58 PM
Filed	Monday, March 03, 2008 10:03 AM	Nehr

The mission of the Greater Palm Harbor Community Coalition is “to plan and work together as a coalition of individuals and community groups, to identify and advocate our community needs and ensure the return of our FAIR SHARE of tax dollars to Greater Palm Harbor.”

For more information, see www.PalmHarborCoalition.org or contact Coalition Spokesman Jim Kleyman at 727-798-6645 or info@PalmHarborCoalition.org.

Deadline Approaches for Palm Harbor Incorporation Referendum Petition

Palm Harbor, FL – When Senator Mike Fasano agreed to co-sponsor a bill for a referendum that gives the citizens of Palm Harbor the choice to incorporate or not, he stipulated he wanted 1000 signatures from affected residents.With the start of the legislative session this week, the deadline approaches for the Palm Harbor Coalition.So far, several hundred signatures have been collected, but the push to get all signatures collected is underway.

The ONLINE petition in support of a referendum for the Incorporation of the Town of Palm Harbor is available for residents, employees or property owners in the PALM HARBOR, OZONA, CRYSTAL BEACH and EAST LAKE areas to electronically sign. The petition is available by going to www.petitiononline.com/PalmHarb/petition.html or by going to www.PalmHarborCoalition.org and clicking on the “Sign Petition” button.

The petition is directed to Senator Mike Fasano and states: “I support a referendum so that the citizens of the local community can decide if Palm Harbor should become a Town; I live, work or own property in Palm Harbor, Ozona, Crystal Beach or East Lake.” A hardcopy of the petition is also being circulated for those who do not have computer access. It is available at the Palm Harbor Community Center on 16^th Street, the Palm Harbor Library on Nebraska Avenue or Oak Trail Books on Florida Avenue.

For more information, see www.PalmHarborCoalition.org or contact Coalition Spokesman Jim Kleyman at 727-798-6645 or info@PalmHarborCoalition.org.

Palm Harbor Coalition Updates Public on Proposed Town of Palm Harbor Incorporation

Palm Harbor, FL – A general Palm Harbor Coalition Meeting was held Thursday February 21^st, at 7 pm at the Palm Harbor Community Center, 1500 16^th Street The purpose of this meeting was to update the residents of PALM HARBOR, OZONA, CRYSTAL BEACH and EAST LAKE with regard to the efforts of the Coalition to hold a referendum on the Incorporation of the Town of Palm Harbor.

Several weeks ago, the Coalition advertised for volunteers to participate in the review and critique of the Charter and Feasibility Study currently before the Florida Legislature, and to respond to comments by interested parties, including Pinellas County, and the State of Florida. More than 40 residents responded to the request for volunteers. Most have been meeting weekly in an effort to address whether incorporation is financially feasible, and how the future government would work. Members of this working group were at the meeting 1) to explain the proposed Charter and how it affects PALM HARBOR, OZONA, CRYSTAL BEACH and EAST LAKE; 2) to explain the Feasibility Study and findings on the proposed Town budget; and 3) to listen to suggestions and comments from the public.

This meeting was not intended to be a debate on incorporation, but an informational session with a powerpoint presentation. Once the Charter and Feasibility Study have been finalized, the Coalition will sponsor debate forums with regard to the benefits and drawbacks of Incorporation for the general public.

The mission of the Greater Palm Harbor Community Coalition is “to plan and work together as a coalition of individuals and community groups, to identify and advocate our community needs and ensure the return of our FAIR SHARE of tax dollars to Greater Palm Harbor.”

For more information, see www.PalmHarborCoalition.org or contact Coalition Spokesman Jim Kleyman at 727-798-6645 or info@PalmHarborCoalition.org.

Pinellas County Delegation Votes YES for Palm Harbor Incorporation Referendum

Palm Harbor, FL – The Pinellas County Legislative Delegation UNANIMOUSLY approved the Town of Palm Harbor local bill on January 3rd, 2008. The next stop is Tallahassee. The local bill, sponsored by Representative Peter Nehr and Senator Mike Fasano on behalf of the Palm Harbor Community Coalition, will now be sent to bill drafting.

Once the bill has been prepared or approved by the House Bill Drafting Service, but prior to filing, the member is presented with the completed draft legislation. Once the member is satisfied with the content of the proposed bill, he or she approves the bill and it is then automatically filed with the Chief Clerk’s Office. Each bill is given a number and filed with the Chief Clerk. Bills, upon filing or introduction may be referred by the Speaker to one or more councils. This type of bill (Municipal Incorporation) will probably be referred to the Government Efficiency & Accountability Council and be heard by the Committee on Urban & Local Affairs who will perform a staff analysis of the Palm Harbor Incorporation Feasibility Study and the Town Charter.

The public may view the Feasibility Study and Town Charter by clicking on the button to the left. The website features a discussion forum and guestbook for interested citizens.

For those who are not computer savvy, hard copies of the feasibility study and town charter are available at the Palm Harbor Library, the Palm Harbor Recreation Center and the Old Palm Harbor Main Street Office in Harbor Hall (1190 Georgia Avenue). Access to the website is available to the public at the Palm Harbor Library as well. On the website, interested citizens may sign the guestbook and be emailed the latest news; there is also a forum, similar to a blog, where issues can be discussed amongst all 96,000 residents assuming they all had computer access.

In 2008, the Coalition will be hosting a series of meetings where the Feasibility Study can be discussed thoroughly.

Typically, incorporation efforts are undertaken by a group of citizens, working through their elected state representatives, towards the creation of a new city by the people. Incorporation requires a special act of the Florida Legislature. If the Legislature approves the special act, a referendum is traditionally held within the community, and if it passes by a majority vote, then the municipality is created.

Florida law governing the formation and dissolution of municipal governments is found in chapter 165, Florida Statutes, the "Formation of Municipalities Act". The stated purpose of the Act is to provide standards, direction, and procedures for the incorporation, merger and dissolution of municipalities, and to achieve the following goals:

• Orderly patterns of growth and land use;

• Adequate public services;

• Financial integrity in government;

• Equity in fiscal capacity; and

• Fair cost distribution for municipal services.

In 1996, the Legislature amended s. 165.041, F.S. to require that a feasibility study be completed and submitted in conjunction with the incorporation bill. Section 165.041, F.S., was amended in 1999 to require that certain elements must be included in a feasibility study.

For more information, see www.palmharborcoalition.org or contact Coalition Spokesman Jim Kleyman at 727-798-6645 or info@palmharborcoalition.org.

Palm Harbor Coalition Submits Final Incorporation Feasibility Study & Town Charter to Pinellas County Delegation & Pinellas County Commission

Palm Harbor – The Greater Palm Harbor Community Coalition submitted the Final Feasibility Report & Town Charter in the form of a local bill to the Pinellas County Legislative Delegation on December 10, 2007. The bill is sponsored by State Representative Peter Nehr. The Feasibility Study and Town Charter was also submitted to the Pinellas County Commission the same week.

The public may view the Final Feasibility Study and Town Charter on the website www.palmharborcoalition.org. The website features a discussion forum and guestbook for interested citizens. “We want to provide an easy forum in this high tech world that would allow for the most amount of discussion on the subject of incorporation so that we can all make an educated decision,” states Lesley Klein whose business, Oak Trail Books, is sponsoring the site.

For those who are not computer savvy, hard copies of the feasibility study and town charter are available at the Palm Harbor Library, the Palm Harbor Recreation Center and the Old Palm Harbor Main Street Office in Harbor Hall (1190 Georgia Avenue). Access to the website is available to the public at the Palm Harbor Library as well. On the website, interested citizens may sign the guestbook and be emailed the latest news; there is also a forum, similar to a blog, where issues can be discussed amongst all 100,000 residents assuming they all had computer access.