Book 61 Page 32385 11/22/11 1:30 P.M. MINUTES OF THE JOINT MEETING OF THE SARASOTA BOARD OF COUNTY COMMISSIONERS AND THE CITY COMMISSION OF THE CITY OF SARASOTA OF NOVEMBER 22, 2011 PRESENT: Sarasota Board of County Commissioners: Chair Nora Patterson, Vice Chair Carolyn Mason, Commissioners Joseph Barbetta, Christine Robinson, and Jon Thaxton, Interim County Administrator Terry Lewis, County Attorney Stephen DeMarsh, and Deputy Clerk Spring Dickson Sarasota City Commission: Mayor Suzanne Atwell, Vice Mayor Terry Turner, Commissioners Paul Caragiulo, Willie Shaw, and Shannon Snyder, City Manager Robert Bartolotta, City Attorney Robert Fournier, and City Auditor and Clerk Pamela Nadalini ABSENT: None The meeting was called to order by Sarasota Board of County Commissioner (BCC) Chair Patterson at 1:30 p.m. PLEDGE OF ALLEGIANCE: BCC Vice Chair Mason BCC Chair Patterson welcomed the City Commissioners. Mayor Atwell read a prepared statement highlighting the need for elected and appointed officials to focus on the greater good and respect for public employees. 1. OPEN TO THE PUBLIC Norman Schimmel indicating term limits should not be imposed on elected officials. Cathy Antunes indicating the ballot amendment concerning term limits should be stopped. Pat Rounds indicating the Court ruling regarding the language of the proposed County Charter Amendment relating to County Commissioner term limits as deficient should render the issue moot. Virginia Hoffman indicating the services provided by the City and County for neighborhood parks and law enforcement are appreciated and the County Charter Review Board will be bringing to the County Commission a proposal concerning expiration of petition signatures in the near future and requesting consideration to designate the Robert L. Taylor Community Complex as a regional facility. Assistant County Attorney Kathleen Schneider stated that the Charter Review Board can place items on the ballot without the County Commission's approval. County Attorney Stephen DeMarsh stated that the County Commission would only be asked to determine whether the procedures had been handled correctly. 2. PUBLIC WORKS: UPDATE ON ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS) (AGENDA ITEM 2.A) Public Works Executive Director Jim Harriott came before the Commissions; gave a computer-generated presentation to provide an update of the Advanced Traffic Management System (ATMS); and stated that the hope is to have Phase I operational by June 2012 and Phase II by July 2012. 3. PUBLIC WORKS: DISCUSSION ON MYRTLE STREET PROJECTS (AGENDA ITEM 2.B) Public Works Executive Director James Harriott came before the Commissions; gave a computer- generated presentation of possible projects on Myrtle Street between U.S. 301 and U.S. 41; and presented the following options: Option 1A Sidewalk on south side with open drainage Option 1B Sidewalk on south side with closed drainage Option 2A Sidewalks on both sides with oen drainage Option 2B Sidewalks on both sides with closed drainage Option 3A Sidewalks, bike lanes and lighting with open drainage Option 3B Sidewalks, bike lanes and lighting with closed drainage Mr. Harriott stated that no City or County funding is available for any of the options at present. Discussion by the Commissions ensued concerning the best option, possible funding sources, and the importance of improving the area of Myrtle Street due to the recent opening of the Robert L. Taylor Community Complex nearby. A motion was made by BCC Commissioner Barbetta, seconded by BCC Vice Chair Mason, and carried by a 5-0 vote to direct the Interim County Administrator to work with the City Manager and City Staff to explore funding options including the Sidewalk to Schools Program, the Sarasota-Manatee Metropolitan Planning Organization (MPO), and the State to implement Option 1B to construct a sidewalk on one side of Myrtle Street from U.S. 41 to U.S. 301, which includes replacing the existing ditch on the south side of the road with a closed drainage system and construction of a Stormwater Management Facility. A motion was made by City Commissioner Shaw, seconded by City Vice Mayor Turner, and carried by a 5-0 vote to direct the City Manager to work with the Interim County Administrator and County Staff to explore funding options including the Sidewalk to Schools Program, the Sarasota-Manatee Metropolitan Planning Organization (MPO), and the State to implement Option 1B to construct a sidewalk on one side of Myrtle Street from U.S. 41 to U.S. 301, which includes replacing the existing ditch on the south side of the road with a closed drainage system and construction of a Stormwater Management Facility. Mr. Harriott stated that a proposed project for the intersection of Myrtle Street at U.S. 301 is not funded; however, the County Commission adopted the project as the top priority in the unfunded projects; that he is optimistic funding will be identified in the next Capital Improvement Plan; and displayed on the monitors a schematic of the proposed design. 4. FINANCIAL PLANNING: ECONOMIC DEVELOPMENT UPDATE (AGENDA ITEM 3) Financial Planning Business and Economic Development Manager Jeffrey Maultsby came before the Commissions; distributed and displayed on the monitors and explained graphs listing all the economic development projects which total $3,740,000 in grants awarded seven companies in the City. 5. EMERGENCY SERVICES: TO CONSIDER THE USE OF FIRE ASSESSMENTS TO ADDRESS FIREFIGHTER PENSION COSTS (AGENDA ITEM 4) City Manager Bartolotta stated that the City and the County have a consolidated Fire Department through an Interlocal Agreement; that the financing of pension costs has been an issue since the consolidation; that the request is to show the cost of firefighter pensions as a separate line item; that the additional cost to the City is $2 million. Discussion by the Commissions ensued to consider the use of Fire Assessments to address Firefighter Pension costs, the allocation of the cost of firefighter pensions, the cost of firefighter pensions as a fire expense rather than a City General Fund expense, the allocation of the costs of Emergency Medical Services (EMS), and the possible creation of a separate Municipal Services Taxing Unit (MSTU). City Manager Bartolotta stated that three possible solutions are suggested: 1. Add to the non-ad valorem assessment Book 61 Page 32386 11/22/11 1:30 P.M. Book 61 Page 32387 11/22/11 1:30 P.M. 2. Create a separate district 3. Add a separate line to the tax bill Discussion by the Commissions ensued concerning the cost to the business community, the funds being held in accordance with Section 175, Florida Statutes (Section 175 funds). Emergency Services Executive Director Michael Suarez came before the Commissions and stated that several years ago a committee was formed to consider the use of the Section 175 funds; however, no solution was determined; that the Committee has since disbanded. City Finance Director Christopher Lyons came before the Commissions and stated that the purpose of the Committee was to try to save costs; that benefits must be reduced to save costs; that under State law, benefits cannot be reduced retroactively; that the plan does not have many active participants; that one possibility was to eliminate a share account which was available after retirement; however, the union did not agree to the proposal; that no similar amount of savings could be identified; therefore, no solution was reached. Mr. Suarez stated that 24 active members are still in the firefighter pension plan; that all but seven are eligible to retire; that the eligible firefighters all worked for the City prior to 1998 and, therefore, were on the City's payroll; that the eligible firefighters believe they should be able to share in some of the funds; that all should not be used to reduce costs of the pension plan. Following additional discussion by the Commissions, Chair noted consensus by the County Commission to direct the Interim County Administrator to work with the Sarasota City Manager regarding options for a Fire Assessment to address Firefighter Pension costs and to bring back a report for Board consideration. 6. FINANCIAL PLANNING: DISCUSSION ON FUNDING FOR THE SITE REMEDIATION AND REHABILITATION OF THE MARIAN ANDERSON PLACE BROWNFIELD SITE LOCATED AT 2046 DR. MARTIN LUTHER KING, JR., WAY, SARASOTA (AGENDA ITEM 5) Sarasota City North Sarasota Redevelopment General Manager Lorna Alston came before the Commissions and stated that in 2004, the County Administrator and the City Manager verbally agreed that the County would provide the City with a $500,000 grant to fund site remediation and rehabilitation efforts for the Marian Anderson Place site located at 2046 Dr. Martin Luther King, Jr., Way; that expenses of $67,873,87 have been incurred by the City and reimbursed by the County, leaving a balance of $432, 126.13; that in 2011, that an Interlocal Agreement was presented to the BCC by County Staff which included in the following conditions on the grant: 1. All available resources must be exhausted and 2. All payments made after September 30, 2012, would be subject to budget appropriation. Ms. Alston stated that the following revision is requested to the above language in the Interlocal Agreement: The City can demonstrate that there is no other funding from brownfield grants available to the City from Federal or State agencies to assist with the cost of site clean up or remediation in accordance with a Brownfield Site Rehabilitation Agreement (BSRA) or Remediation Action Plan (RAP) approved by the Florida Department of Environmental Protection (FDEP). Discussion by the Commissions ensued concerning funding for the site remediation and rehabilitation of the Marian Anderson Place Brownfield site located at 2046 Dr. Martin Luther King, Jr., Way, Sarasota and the decision-making process, exhausting Federal and State funding, the lack of responses to the Invitation to Negotiate (ITN) for redevelopment of the site. Chair Patterson stated that the funds to remediate the site are being held at the current time; that the County is willing to cooperate with the City concerning remediation of the site. 7. PUBLIC WORKS: DISCUSSION ON PARK IMPACT FEES (AGENDA ITEM 6) City Commission Snyder stated that the item regarding park impact fees was placed on the agenda as the City was considering opting out of park impact fees for development; that the question is if the County would indefinitely suspend the collection of park impact fees if the City chose to do SO. Public Works Transportation Mobility General Manager Clarke Davis, Interim Chief Financial Planning Officer Steven Botelho, and Interim Community Services Executive Director John McCarthy came before the Commissions. Mr. Davis distributed and explained a chart of the revenue history of park impact fees and explained the collection process. Discussion by the Commissions concerning the distribution of park impact fees to the City and the County, the use of park impact fees for playground enhancements, the City's level of service for parks to residents, economic redevelopment and growth in the City, annual variations in the collection of park impact fees. City Finance Director Christopher Lyons came before the Commissions and stated that a response is not immediately known but a report will be provided the Commissions. The Commissions recessed at 3:16 p.m. and reconvened at 3:26 p.m. 8. FINANCIAL PLANNING: DISCUSSION ON DUAL TAXATION (AGENDA ITEM 7) City Finance Director Christopher Lyons came before the Commissions; referred to the agenda backup material; and stated that the backup material is not intended to present a legal analysis; that the belief is an inequity exists due to the millage rates charged; that the argument is City residents pay the entire County millage rate but do not receive the full benefit; that the dual taxation argument is whether taxpayers receiving the full benefit of the taxes; that the Cities in the County and the County previously met; that a follow-up meeting was to be scheduled; however, a follow-up meeting has never been held; that a suggestion is for all the Cities in the County and the County to hire a consultant to evaluate the issue. Discussion by the Commissions ensued concerning hiring a consultant, the goal and focus of the consultant's evaluation, and buy-in from the other municipalities in the County. Mr. Lyons stated that the focus should be on a legal analysis of dual taxation. Discussion by the Commissions ensued concerning the services provided by the County to the City and non-discretionary and discretionary services. Interim Chief Financial Planning Officer Steven Botelho came before the Commissions and stated that the necessity for a follow-up meeting with the Cities in the County and the County was not previously known; that a follow-up meeting can be scheduled. Discussion by the Commissions ensued conçerning examples of the services provided by the County to the City, the issue of fairness, determination of methodologies for determining the allocation of services, the source of the possible unfairness, the allocation of sales and gas taxes, the value of the services from all revenue sources, the cost to the City of non-residents who come to the City, and the integrity of a methodology, the agreement between the Cities in the County and the County concerning settlement of the previous lawsuit concerning dual taxation, and the future needs for a new jail and new court house. Book 61 Page 32388 11/22/11 1:30 P.M. Book 61 Page 32389 11/22/11 1:30 P.M. Chair Patterson noted BCC Commission consensus for County Staff to meet with Staff of the Cities to consider possible revisions to the methodology previously presented. 9. FINANCIAL PLANNING: DISCUSSION ON OPPORTUNITIES FOR COUNTY AND CITY SARASOTA PARTNERSHIPS (AGENDA ITEM 8) Interim County Administrator Terry Lewis stated that the desire is to explore opportunities for County and City partnerships; that opportunities have been discussed with each of the municipalities in the County; gave examples of current partnerships. Discussion by the Commissions ensued concerning opportunities for partnerships in economic development, 10. OPEN TO THE PUBLIC (AGENDA ITEM 9) Linda Holland indicating the collaboration of City and County for the Gillespie Park Neighborhood improvements is appreciated and her appreciation for the selection and service of Terry Lewis as Interim County Administrator, and invited the Commission to attend the upcoming Coalition of City Neighborhood Associations Holiday Party on December 3, 2011. Millie Small thanked the Commissions for their service to the citizens of the County and the City and commended the Commissions for the joint meeting and collaboration on County and City issues. 11. OTHER BUSINESS (AGENDA ITEM 10) BCC COMMISSIONER THAXTON: 1. A motion was made by BCC Commissioner Thaxton for the BCC to take no further action on the term-limit Charter amendment ballot language and direct the County Attorney provide language to the BCC necessary to implement the direction. County Attorney Marsh stated that action to rescind the previous action is not necessary as the Court has struck the proposed ballot language. CITY COMMISSIONER CARIGIULO: 1. stated that the City and County Commissions should hold a joint meeting in the near future to discuss the following topics: Sarasota County Area Transportation (SCAT), the Bus Rapid Transit (BRT) system, a Downtown circulator, and integration of an urban and suburban transportation system. BCC Commissioner Thaxton stated that the BCC would like to be aware of the City's strategies concerning connection of the Downtown to the Bayfront. BCC Chair Patterson noted mutual consensus of the Commissions to schedule a joint meeting as soon as possible. BCC COMMISSIONER ROBINSON: 1. asked the status of contract negotiations with Randall Reid for County Administrator. Interim County Administrator Lewis stated that the negotiations are progressing well. 12. ADJOURN (AGENDA ITEM 11) BCC Chair Patterson adjourned the Joint Meeting of the Sarasota Board of County Commissioners and the City Commission of the City of Sarasota of November 22, 201, at 4:22 p.m 1e A SUZANNEATWELL, MAYOR tA AM0S Bm ocat PAMELA M. NADALINI, CITY AUDITOR AND CLERK Book 61 Page 32390 11/22/11 1:30 P.M.