MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF MARCH 8, 1993 AT 3:30 P.M. PRESENT: Mayor Jack Gurney, Vice Mayor Gene Pillot, Commissioners Fredd Atkins, David Merrill and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Jack Gurney The meeting was called to order in accordance with Article III, Section 10 of the Charter of the City of Sarasota at 3:34 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. APPROVAL RE: RATIFICATION OF THE THREE-YEAR CONTRACT AGREEMENT BETWEEN THE CITY AND THE BARABOTA-MAMATEE PROFESSIONAL FIRE FIGHTERS & PARAMEDICS, LOCAL 2546, IAFF = CONTRACT RATIFIED (AGENDA ITEM I) #1 (0027) through (0804) City Manager Sollenberger stated that Bill Davenport, Director of Human Resources, would speak to the Commission on this item. Mr. Davenport and Cecil Baker, Deputy Director of Human Resources, came before the Commission. Mr. Davenport stated that in the interest of providing the Commission an opportunity to review the general outline of the contract, on March 4 they had been provided with a tentative draft of the contract; that since that time a few modifications had been made, not to the contract itself but for clarification, and he wanted to review these modifications with the Commission at this time. Mr. Davenport continued that City Manager Sollenberger's memorandum to the City Commission dated March 8, 1993 (a copy of which is on file in the Office of the City Auditor and Clerk) summarizes the tentative agreement showing the provisions for the first, second, and third years of the contract. Mr. Davenport stated that one of the major provisions in the "First Year 1992-93" is phasing in a 48-hour work week as soon as practical with an anticipated date of April 1, 1993; that the "Second Year = 1993-94" provides a 1.92% increase in the base rate of pay to eligible members, a lump-sum payment of 1.92% of the regular annual salary which would be paid in December 1994, and continues to waive the holidays as provided in the First Year. Mr. Davenport continued that the "Third Year 1994-95" provides an Book 35 Page 9154 03/08/93 3:30 P.M. Book 35 Page 9155 03/08/93 3:30 P.M. "opener" for the base rate of pay and makes no provision for holiday payment; that pages 3 and 4 of the aforementioned memorandum describe various correspondence the City has had with the Fire Fighters Local 2546 and provides clarification of several of the items that are in the contract. Mr. Davenport reviewed the following changes, which are highlighted in the contract, with the Commission as follows: Page 28, Section 6 - "April 1992 to April 1993" changed to read "April 1, 1992 to March 31, 1993" Page 29, Section 8 - "April 1992 to April 1993" changed to read "April 1,1992 to March 31, 1993" Page 33, Section 4 "Incentive Leave" changed to rèad "Incentive Award Bonus Days" A Page 36, Section 5 D - insertion of a comma Mr. Davenport stated that there is a letter dated March 8, 1993 from the Sarasota-Manatee Professional Fire Fighters & Paramedics Local 2546 (a copy of which is on file in the Office of the City Auditor and Clerk) indicating that they have ratified the agreement; and that it is his recommendation that the City Commission ratify this agreement at this time. Mr. Sollenberger stated that he wanted to reiterate that he recommends ratification of this agreement by the City Commission and that this agreement has been negotiated in accordance with instructions provided to the Administration in Out-of-the-Sunshine meetings. Commissioner Merrill stated that one of the problems he has with this contract and negotiations is that it is being reviewed on its own, separate from the City's budget; that he feels the negotiations have looked at this issue from the point of the firemen rather than from the point of what it is going to cost the City; that the change to hours worked has a big effect on the cost. Commissioner Merrill continued that since 70% of the City's budget is for public safety, if the Commission is to get the City back on a firm financial footing, the Commission needs to look at public safety as one of the areas that needs to be as efficient as possible; that the Police and Fire/Rescue Departments were determined to be overstaffed and the Commission took the action to consolidate the two departments into one Public Safety Department, which over the long term should have savings to the City; and that it was determined that the City has 16 firemen too many. Commissioner Merrill stated further that in order to attempt to avoid laying off 16 firemen, the City decided to look at lowering the hours each fireman worked but unless some effect is made on the base pay, there will be no savings. Commissioner Merrill had three overheads displayed at this time to explain his point. Commissioner Merrill continued that if the City approves this contract, the cost will go up almost four times (15.3%) the Cost of Living this last year; that he feels this is financially irresponsible because the Commission should look at this contract in view of the City's whole budget. Commissioner Merrill stated further that last year the brunt of the budget savings were taken out on General Employees because that is where the layoffs were; that the Commission at the budget meetings last year had discussed laying off seven firemen, but they were not laid off; that if the City goes forward with this contract, there are not going to be any savings found in the Fire/Rescue Division; that the Commission will have to look at where to balance the City's $2.5 million deficit and that he does not feel it will be found in the Police Division and will once again be taken out on the General Employees; that he feels the City is setting up two classes of employees, unionized and non-unionized, and he does not feel the employees will tolerate the two classes for long and the City will be inviting back AFSCME (American Federation of State, County and Municipal Employees, AFL-CIO) by going forward with ratification of this agreement. Commissioner Merrill stated that AFSCME is militant and not cooperative the way the Police and Fire unions are. Commissioner Merrill continued that he feels the Commission should consider layoffs in the Fire/Rescue Division of the seven employees the Commission had agreed to fund for one year more at the budget meetings last year; therefore, he is going to vote against ratification of this agreement. Vice Mayor Pillot stated that the 15.3% increase in the hourly rate of fire fighters pointed out by Commissioner Merrill is irrefutable; however, he wants to point out that this is not an increase to the fire fighters but a cut in total gross pay because they will be working less hours; that by federal law the City has been paying time and a half for weekly hours above 53; that the total for the current year shown on Commissioner Merrill's overhead is $4,042,562.27 while the total for Year One of the agreement will be $3,996,766.26, which is a savings for the City. Mayor Gurney stated that he understands that there are 142 people on the Fire/Rescue staff currently and if the City goes to a 48-hour work week, it will require a minimum of 135 people; therefore, the number of excess people is only 7 instead of 16. Commissioner Patterson stated that Commissioner Merrill's point is that by lowering the number of hours worked, the City's flexibility is reduced for the future to deal with what is an obvious coming Book 35 Page 9156 03/08/93 3:30 P.M. Book 35 Page 9157 03/08/93 3:30 P.M. budgetary crisis; and that she intends to vote against this agreement also because she would like to preserve the City's flexibility to achieve a correct number of fire fighters by another means even if it is a long-term attrition plan, rather than permanently lowering the number of hours worked. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to ratify the contract as previously ratified by the professional Fire Fighters & Paramedics (IAFF) and as recommended by the City Manager. Commissioner Atkins stated that he feels there is an opportunity for the City to move into a position of a Fire Department for the future, because if the Commission does not do it now, it will have to do it later; that he hopes that the City does not have as tremendous a shortfall as is anticipated this year and in following years; and that he feels delaying ratification will cost the City more in the long run. Mayor Gurney called for the vote on the motion. Motion carried (3 to 2) : Atkins, yes; Merrill, no; Patterson, no; Pillot, yes; Gurney, yes. 2. APPROVAL RE: FY93 HOME PROGRAM ACCEPTED THE ADHINIEPRATIONUE RECOMMENDATION (AGENDA ITEM II) #1 (0806) through (3708) Don Hadsell, Director of Community Development, came before the Commission and stated that at the Regular Sarasota City Commission Meeting of March 1, 1993 he was asked to provide the Commission with an overview of the five federal and state programs. that his department will administer this fiscal year as follows: Community Development Block Grant (CDBG) Program Home Partnership Investment Act (HOME) Program Mr. Hadsell stated that the HOME Program was funded for the first time last year. Commissioner Merrill left the meeting at 4:00 p.m. Sadowski Housing Investment Partnership (SHIP) Program Mr. Hadsell stated that this is a state program which will be administered by the County; however, the City is going to become directly involved in this program. 312 Loan Program Mr. Hadsell stated that this is a direct loan package from the federal government to local owner/occupants; that the City did not receive a block of money, but applied for individuals for these funds and has received more funds than any other community in the State of Florida over the last two years. Rental Rehab Program Mr. Hadsell stated that this is a rental program that is allocated by formula. Mr. Hadsell stated that in addition to these five programs, the City has a contract with Sarasota County to administer their HOME Housing Rehabilitation Program, which is approximately $475,000. Mr. Hadsell continued that while the County is going to administer the SHIP Program, the City is going to be involved because the HOME Program requires a match beginning in 1993; and that the SHIP Program was intended to be the match for the federal HOME Program. Mr. Hadsell stated that with regard to the CDBG Program, there was approximately $400,000 left from last year; that the reason for this was because Community Development went part of last year without a rehab inspector; however, an inspector from the Building Department was transferred to Community Development last July; and that another reason there were CDBG funds left was because the City had worked hard through the 312 Loan Program and were able to get an additional $200,000. Mr. Hadsell reviewed figures on the above-mentioned programs with the Commission with various overheads (copies of which are on file in the Office of the City Auditor and Clerk). Commissioner Atkins asked if the lack of an inspector had caused jobs to go undone. Mr. Hadsell stated that that was correct because there had not been a full-time inspector assigned to his department; and that since an inspector was assigned to Community Development, they have gone from one work write-up a week to one work write-up a day. Commissioner Atkins asked why the Commission had not been told about the need of an inspector. City Manager Sollenberger stated that now that the system has been fine tuned, the City will probably have more capacity than dollars to "pump" through the system based on his review with Mr. Hadsell. Mr. Hadsell stated that an interlocal agreement with the County is being drafted regarding the administering of the SHIP Program under the control of the County; that the County Commission will be reviewing the conceptual format of said interlocal agreement tomorrow; that he had been told by the County that the formal document is to be prepared within the next two weeks following conceptual approval by the County Commission. Book 35 Page 9158 03/08/93 3:30 P.M. Book 35 Page 9159 03/08/93 3:30 P.M. Mr. Hadsell stated that he had been directed to provide the Commission with the status of land purchases for the Community Housing Corporation of Sarasota (CHC) and it is as follows: LAND PURCHASES 8th Street (6/91) $ 25,000.00 Returned to City 15,000.00 Amount Owed $ 10,000.00 Orange Avenue (4/92) 55,000.00 5th Street (12/92) 68,000.00 7th Street (2/93) 35,500.00 Cash Available 66,000.00 Total Available in the Revolving Fund $234,500.00 Jack Conway, Chairman of the Community Housing Corporation of Sarasota (CHC), came before the Commission and stated that the $10,000.00 owed to the City will be paid back by March 31, 1993; that all houses in the Orange Avenue project are under construction and will be completed within the next 60 days and those funds will be paid back into the revolving fund; that the 5th Street project has full financing on construction loans from NationsBank and construction will commence one house at a time for a total of five houses to be completed and sold on a one-a-month schedule after the first 90 days; that the CDBG funds used for the 7th Street purchase has houses designed and ready to be constructed and completed this year. Mr. Conway continued that the HOME Partnership funds will be used differently from the CDBG funds; that an arrangement was reached with the Wilson Foundation that they would make available to the CHC $110,000, on which the CHC pays interest, to purchase land and then make application to the HOME program for what would normally be construction loan money; and that the CHC has drawn down $60,000 from the Wilson Foundation funds to purchase eight lots on Cohen Way. Mr. Conway stated further that the concept is to have working funds generate houses for people who have incomes of 80% of median income or less and must meet the requirements of the federal housing program; that with regard to the Central Gardens property recently acquired by the City, he realizes there is a political problem in connection with this property because of the unanticipated problem of asbestos which has to be dealt with and he feels it can be dealt with. Commissioner Patterson stated that she objected to Mr. Conway characterizing an unexpected expense of approximately $200,000 in asbestos abatement as a political problem because she regards it as a financial problem as to how to deal with it; that it takes the land acquisition of a $66,000 property and increases it to $266,000 and makes the lots from Central Gardens tremendously expensive for what the CHC intends. Mr. Conway stated he feels the purchase of the Central Gardens units was a sound decision, but it would have been more helpful if the City had known ahéad of time that they had an asbestos problem. Commissioner Patterson stated that she has some concern moving ahead so rapidly developing property backing up to Cohen Way while the CHC is still in the process of studying the feasibility of turning the Cohen Way Projects into condominium units. Mr. Conway stated that nothing would be lost if it turns out that the program to convert to condominiums does not go forward because it is possible to upgrade the units to train the families in management and to give them some assistance in child' care and occupational training; and that he feels a significant impact can be made in this neighborhood rather quickly. Vice Mayor Pillot stated that he shared that optimism; that he sees this becoming a benefit and improvement and asked Mr. Conway to explain a typical financing process for someone buying one of the eight proposed houses on Cohen Way. Mr. Conway stated that the first thing that is done is to go through the qualifying ratios; that it has to be determined that a family is able to, over the span of a few months, either from current assets or what they can save, have 3% of the sales price for the down payment; that the family has to be able to show an earnings level or monthly capacity to meet the monthly mortgage payment. Mr. Conway continued that if a family can do the aforementioned two things, the CHC starts to work with the family to address any credit problems they may have and once this has been resolved to take the family to one of the participating banks for the bank to review their creditworthiness; and that the CHC stays with the family through this process. Mr. Conway stated further that when the bank certifies that the family is bankable, the CHC puts together the final package with them regarding the type of house they need; that any down payment assistance that is needed is determined up to a maximum of $2,000 to reduce the cost further to the family; that the CHC negotiates with the bank to reduce closing costs almost to zero. Mr. Conway stated that he had invited the Secretary of Housing and Urban Development (HUD) to Sarasota to launch the CDBG Week on April 5. On motion of Commissioner Atkins and second of Commissioner Patterson, it was moved to accept the Administration's recommendation to approve Option 2 (which sets aside funds for new construction) with the stipulation that the proceeds be used as a revolving account with no additional funds being necessary in FY93 and authorize the Mayor to submit the HOME application for FY93. Motion carried unanimously (4 to 0): Atkins, yes; Patterson, yes; Pillot, yes; Gurney, yes. Book 35 Page 9160 03/08/93 3:30 P.M. Book 35 Page 9161 03/08/93 3:30 P.M. 3. CITIZENS - INPUT (AGENDA ITEM III) #1 (3711) through #2 (0795) Lawrence Button, 801 S. Boulevard of the Presidents, representing the Lido Key Residents Association of which he is President, came before the Commission and stated that the Lido Key Residents Association is formally asking the Commission to revoke the Special Exception granted to the St. Armand Inn for the operation of waverunners on Lido Beach; that although the City Attorney stated at a recent Commission meeting that Special Exceptions could not be revoked, they sought counsel from Mr. Richard Crosso, Legal Director of the 1000 Friends of Florida, who says that since all but one of the conditions of the Special Exception have been violated by the operator of the boats; the Commission is in a position to revoke the Special Exception. At this time Mr. Button presented petitions to the Mayor signed by individuals requesting that the Special Exception be revoked. City Attorney Taylor stated that he would want to have something in writing from Mr. Crosso backed up by sufficient citation of legal authority so that he feels the City of Sarasota had firm legal grounds to attack the property rights that are involved here. Bonnie J. Wagoner, 1714 Devonshire Lane, came before the Commission and stated that it is her understanding that the Commission is elected to represent the citizens with the government and not to protect the City from the citizens, particularly a citizen who has been abused and discriminated against by the system; that the Health Department knows she has had meningitis; that as far as the flooding of her home is concerned, there have been innumerable City officials there to see it, including the City Attorney and the Director of the Building Department; that she has not been able to come to an agreement with the City on how much spinal meningitis is worth, or how much her house is worth to replace it; and that no offers have been made to settle this and she would like to see a settlement in her lifetime; however, she has instructed her family to pursue settlement if something should happen to her; that she would like direction from the Commission so she has some basis of good faith on which to transact a settlement. Ms. Wagoner distributed copies of the Conflict Resolution Citizen Dispute Settlement pamphlet to the Commissioners (a copy of which is on file in the Office of the City Auditor and Clerk). Vice Mayor Pillot stated that the Commission has set policy on this issue several times and instructed the Administration to get it resolved within the legal process, whether it is Conflict Resolution or a lawsuit in a court of competent jurisdiction; and that process cannot be controlled by this Commission nor by any individual. City Manager Sollenberger stated that the Administration has responded to the Commission's direction to pursue mediation; that the City Attorney has explored mediation with the District Court that administers it, but mediation is a process that does not provide for binding decisions but a process for conflict resolution whereby the parties work with an impartial mediator to reach a settlement; that any conclusion that is reached through the mediation process will be presented to the City Commission with a recommendation and the Commission will make the final decision. City Attorney Taylor stated that when he had called the person who runs the Conflict Resolution program, he was told that they would welcome the opportunity to assist counties or municipalities in matters of this nature; that he is comfortable with the process of Conflict Resolution; that what has caused Ms. Wagoner's concern at this moment is that Friday in discussing how to proceed to get this before the local Court Administrator's Office, Ms. Wagoner's attorney stated that Ms. Wagoner expected that what transpired in the Conflict Resolution would be binding, which would change it from mediation to binding arbitration. Commissioner Patterson stated that she was comfortable with this process and that she feels the City should move ahead with mediation of this matter. Vice Mayor Pillot stated that he agreed. 4. OTHER MATTERS (AGENDA ITEM IV) #2 (0798) through (0804) There were no Other Matters. 5. ADJOURN (AGENDA ITEM V) #2 (0812) The Special Sarasota City Commission Meeting of March 8, 1993 was adjourned at 5:30 p.m. PSDIA a Dp ack 3 GURNEY, MAYOR . 3 JACK t IAIE ATTEST: 1 - BIELIE Robinaon BILLY EDROBINSON, CITY AUDITOR AND CLERK Book 35 Page 9162 03/08/93 3:30 P.M.