Regular City Commission Meeting

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MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 18, 2002, AT 6:00 P.M.

PRESENT: Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor

ABSENT: None

PRESIDING: Mayor Mason

The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m.

City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance.

1. PRESENTATION RE: CERTIFICATES OF RECOGNITION FOR NEWLY SWORN POLICE OFFICERS 2ND CLASS JEFFREY DUNN AND ROBERT GOODSON, III

Mayor Mason requested that Jeffrey Dunn and Robert Goodson, III, newly sworn Police Officers 2nd Class, come forward; stated that Officers Dunn and Goodson have completed all the requirements to become certified in the State, were sworn as Police Officers 2nd Class on February 26, 2002, and have sworn to uphold, protect and defend the Constitutions of the State of Florida and the United States of America and to enforce the ordinances, laws, rules and regulations of the City, the State, and the United States of America; read in its entirety a Certificate of Recognition to each for their accomplishments; welcomed each to the SPD; and presented each the Certificate of Recognition.

Officer Goodson recognized and thanked his wife, Lisa Goodson, present in the Chambers.

Officer Dunn stated that the support of his family is appreciated.

2. CHANGES TO THE ORDERS OF THE DAY - APPROVED

City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day:

A. Remove under Consent Agenda No. 1, Item No. III-A-3, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Neighborhood Association Grant Agreement between the City of Sarasota and Park East Community Association for a picket fence in the amount of $2,000, per the request of Jennifer Wilson and Sandy Vaughn, Park East Neighborhood Association. B. Remove under Consent Agenda No. 1, Item No. III-A-10, Approval Re: Bylaws for the Sarasota Community Redevelopment advisory board, per the request of Downtown Redevelopment Director Hartman. C. Remove under Consent Agenda No. 1, Item No. III-A-11, Approval Re: Request for Proposal (RFP #2-33M) for the City Waterworks Building Rehabilitation and Restoration of the Historical City Waterworks Building located at 1015 North Orange Avenue, per the request of Downtown Redevelopment Director Hartman. D. Remove under Consent Agenda No. 1, Item No. III-A-12, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Donation Agreement between the City of Sarasota and the Estate of Harry J. Allen, for a children’s play area to be constructed next to the children’s fountain at Bayfront Park, per the request of Attorney Connolly. E. Remove under Consent Agenda No. 2, Item No. III-B-1, Approval Re: Proposed Resolution No. 02R-1480 relating to Community Redevelopment, per the request of Redevelopment Director Hartman. F. Add under Public Petitions, Item No. V-2, Presentation Re: Update regarding future of master planning for the Sarasota County Fairgrounds, per the request of Attorney Robert Johnson, Chair of the Sarasota County Fair Board’s Long Range Planning Committee.

MOTION: Approve the Changes to the Orders of the Day with the exception of the removal of Consent Agenda No. 1, Item No. III-A-3. OUTCOME: Passed VOTE: Unanimous AYES: Martin, Servian, Palmer, Quillin, Mason

Vice Mayor Quillin asked for a point of information that the item was removed at the request of the applicant and the reason for not removing the item from the Agenda.

Commissioner Martin stated that discussion concerning the proposed grant agreement between the City and the Park East Association is desired.

Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes.

3. CONSENT AGENDA NO. 1: ITEM NOS. 2, 4, 6, 7, 8, 9, 13, 14, 15, AND 16 - APPROVED; ITEM NOS. 10 AND 11 AND 12 - REMOVED UNDER CHANGES; ITEM NO. 3 - CONSIDERED UNDER UNFINISHED BUSINESS; ITEM NO. 1 - CONSIDERED UNDER NEW BUSINESS (AGENDA ITEM III-A)

Commissioner Quillin requested that Item No. 1 be removed for discussion. Commissioner Martin requested that Item No. 3 be removed for discussion.

City Auditor and Clerk Robinson stated that the Item No. 3 will be considered under Unfinished Business.

Commissioner Martin stated that the item will be discussed under Unfinished Business due to the recent change in the Commission’s Rules of Procedure. City Auditor and Clerk Robinson stated that is correct.

Commissioner Martin stated that discussion under Unfinished Business is acceptable.

City Auditor and Clerk Robinson stated that Item No. 1 will be considered under New Business and Item No. 3 will be considered under Unfinished Business on the Agenda.

2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to Agreement between the City of Sarasota and Sarasota Season of Sculpture, to extend the upcoming sculpted display at the Bayfront for one month to May 31, 2003 4. Approval Re: Submission of “An Analysis of Impediments to Fair Housing Choice in Sarasota County” 5. Approval Re: Authorize the City Manager to execute the modifications to mortgage documents assigned to the City of Sarasota by Sarasota County per the 1998 Interlocal Agreement to defer several loans made before 1997 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Project Grant Agreement between the City of Sarasota and the Florida Department of Environmental Protection, in the amount of $45,236 for the construction of the 8th Street Linear Park 7. Approval Re: Request by Mote Marine to renovate the interior third floor of their administration building in the amount of $292,000, and approve Mote Marine’s request to waive the construction security requirement for this project 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Lease Agreement between the City of Sarasota and the Art Center Sarasota, Inc., for a five (5) year initial term with four (4) five (5) year renewal options 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to a Technical Projects Agreement between the City of Sarasota and the Southwest Florida Water Management District, (SWFWMD) to complete fish sampling the Sarasota Bay National Estuary Program Habitat Assessment Project 13. Approval Re: Award a formal contract and authorize the Mayor and City Auditor and Clerk to execute the contract between the City of Sarasota and Lovin Construction, Inc., (Bid #02-04M) in the amount of $256,494 for the 2001 Bridge Maintenance Project 14. Approval Re: Monthly activities report from the Greater Downtown Sarasota Action Team (GDSAT) 15. Approval Re: Monthly activities report from the Downtown Association 16. Approval Re: Monthly activities report from Sarasota Court Watch

MOTION: Approve Consent Agenda No. 1, Item Nos. 2, 4, 5, 6, 7, 8, 9, 13, 14, 15, and 16. OUTCOME: Passed VOTE: Unanimous AYES: Palmer, Servian, Martin, Quillin, Mason

4. CONSENT AGENDA NO. 2, ITEM 1 (RESOLUTION NO. 02R-1480) - REMOVED UNDER CHANGES; ITEM 2 (ORDINANCE NO. 02-4364) - ADOPTED; ITEM 3 (ORDINANCE NO. 02-4368) - ADOPTED (AGENDA ITEM III-B)

2. Adoption Re: Proposed Ordinance No. 02-4364, amending the Comprehensive Plan of the City of Sarasota (a/k/a the Sarasota City Plan [1998]) by adding thereto a new Historic Preservation Chapter including goals, objectives and action strategies as more fully specified in Attachment 1 appended hereto; also amending various other sections of the Sarasota City Plan as more fully specified in Attachment 3 appended hereto in order to maintain internal consistency within the City of Sarasota; and incorporating a Historic Preservation Chapter support document as more fully set forth in Attachment 2 appended hereto which is not officially adopted as a part of the Sarasota City Plan; all in accordance with City-initiated Comprehensive Plan Amendment Application No. 01-PA-05; providing for the severability of the parts hereof; etc. (Title only) 3. Adoption Re: Proposed Ordinance No. 02-4368, adopting by reference the Engineering Design Criteria Manual of the City of Sarasota by amending Chapter 29.5, Sarasota City Code, in accordance with City-initiated Code Amendment Application Nos. 00-CA-01 and 02-CA-01, as more fully specified herein; stating various findings of fact concerning the preparation and adoption of the Engineering Design Criteria Manual (2002 ed.); providing for definitions; adopting by reference the following seven (7) parts: Part 1, General Regulations; Part 2, Erosion and Siltation Control; Part 3, Subdivision Regulations; Part 4, Street Design, Outside of Downtown and Environs area (“DEA”); Part 6, Storm Drain Design; and Part 7, Utilities Engineering for Water Distribution, Sanitary Sewer, Reuse Distribution; [collectively a/k/a the Engineering Design Criteria Manual (2002 ed.)]; providing for transitional rules; providing that the Engineering Design Criteria Manual (2002 ed.) shall supersede the prior Engineering Design Criteria Manual adopted by Ordinance No. 89-3278; providing for the severability of the parts hereof and the parts of the Engineering Design Criteria Manual (2002 ed.); repealing ordinances in conflict; etc. (Title only)

City Auditor and Clerk Robinson read proposed Ordinance Nos. 02-4364 and 02-4368 by title only.

MOTION: Adopt Consent Agenda No. 2, Item Nos. 2 and 3. OUTCOME: Passed VOTE: Unanimous AYES: Martin, Quillin, Mason, Palmer, Servian

Mayor Mason recognized Andrew Armstrong, Boy Scout Troop 14, St. James United Methodist Church, who was present in the Chambers and working on a merit badge.

Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows:

We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks.

All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson.

5. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4356, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA; TO AMEND THE DEFINITION OF “ACCUMULATIVE CONTRIBUTIONS” AND “CREDITED SERVICE” AND ADD A DEFINITION OF “VEST, VESTED”; AMENDING SECTION 24-96, BOARD OF TRUSTEES; AMENDING SECTION 24-101, CREDITED SERVICE; AMENDING SECTION 24-103, PENSION BENEFITS; AMENDING SECTION 24-105, TERMINATION BENEFITS; AMENDING SECTION 24-107, DISABILITY BENEFITS; AMENDING SECTION 24-115, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 24-117, DEFERRED RETIREMENT OPTION PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) - PASSED ON FIRST READING; CITY AUDITOR AND CLERK WILL PROVIDE A MEMORANDUM CONCERNING THE STATUS OF THE FORMER CITY FIREFIGHTERS’ PARTICIPATION IN THE DROP PLAN (AGENDA ITEM IV-A-1)

Mayor Mason stated that proposed Ordinance No. 02-4356 is to amend Chapter 24, Article II, Pensions, Division 4, General Employees, Sarasota City Code (1986 as amended).

Douglas Taylor, Chair, General Employees' Pension Board of Trustees, came before the Commission and stated that proposed Ordinance No. 02-4356 amends the General Employees' Pension Plan (Pension Plan) by: 1. Clarifying no interest shall accrue on contributions after termination; 2. Specifying contributions will be returned after five years from termination date for individuals who are not vested; 3. Defining “vested”; 4. Clarifying the departments which can fill “seat two” on the Board; 5. Allowing purchase of military service and other government service at no cost to the fund; 6. Allowing re-employed individuals to purchase prior service time at no cost to the Fund any time prior to retirement; 7. Deleting reference to the obsolete personnel merit system; 8. Clarifying review procedures for disability pensioners; 9. Updating the Plan pursuant to Internal Revenue Service (IRS) changes effective January 1, 2002, for rollover provisions and IRS language concerning basic limitation; and 10. Clarifying that Deferred Retirement Option Plan (DROP) participants are not guaranteed employment.

Mr. Taylor continued that a number of amendments are included in proposed Ordinance No. 02-4356, all of which are administrative in nature; referred to a letter dated February 4, 2002, to Benita Saldutti, Pension Manager, from Gabriel, Roeder, Smith, & Company (Actuary) indicating the amendments will result in no financial impact to the Pension Plan; and stated that both unions, i.e., the International Brotherhood of Teamsters, Local #173, and the Southwest Florida Police Benevolent Association, Inc., have waived negotiations; that passing proposed Ordinance No. 02-4356 on first reading is recommended.

Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing.

City Auditor and Clerk Robinson read proposed Ordinance No. 02-4356 by title only.