MINUTES OF THE STATUTORY SARASOTA CITY COMMISSION MEETING OF MARCH 13, 2002, AT 12:00 NOON 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 12-43 of the City of Sarasota Charter at 12:00 noon. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: PROPOSED RESOLUTION NO. 02R-1487, DECLARING THE OFFICIAL RESULTS OF THE SPECIAL MUNICIPAL ELECTION OF MARCH 12, 2002, ETC. = ADOPTED (AGENDA ITEM I) #1 (0030) through (0125) CD 11:59 through 12:02 City Auditor and Clerk Robinson read in its entirety proposed Resolution No. 02-1487 declaring the results of the referendum to change the City's form of government to the "Strong-Mayor" form of government which was held March 12, 2002; that of 29,384 registered voters, a total of 7,667 votes were cast for a turnout of 26 percent, including 501 absentee ballots and 2 provisional ballots; that the votes cast were as follows: For the Amendment: 2,236 Against the Amendment: 5,341 City Auditor and Clerk Robinson stated that the proposed Charter amendment for the "Strong-Mayor" form of government failed to receive the required number of votes and therefore failed. On motion of Vice Mayor Quillin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 02R-1487. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously: (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. BOOK 51 Page 22884 03/13/02 12:00 NOON BOOK 51 Page 22885 03/13/02 12:00 NOON 2. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM II) #1 (0125) through (0380) CD 12:02 through 12:15 MAYOR MASON: A. stated that the role each Commissioner played in the resounding victory achieved on March 12, 2002, is appreciated; that thanks are extended to the voting public, who voted with the new voting machines and made wishes known; that the election was a testament of possible achievements with everyone working together; that the efforts of the Supervisor of Elections and the City Auditor and Clerk and Staff on an outstanding job are appreciated; that the new voting machines are excellent. COMMISSIONER SERVIAN: A. stated that the defeat of the referendum for a "Strong- Mayor" form of government is pleasing; that opposing the referendum was the honorable and right side of the issue; that having the opportunity to get back to work without the distraction is good; that the Supervisor of Elections and the City Auditor and Clerk and Staffs did an excellent job; that representatives of the State Division of Elections and other interested groups were in attendance at the tabulation of results as the new voting machines were being used for the first time; that the feedback from the public exiting the polls concerning the new voting machines was positive; that retaining the Commission-Manager form of government is pleasing. VICE MAYOR QUILLIN: A. stated that election day, March 12, 2002, was a long day for everyone involved; that the "No-Boss Mayor" group raised the funds to inform the public and defeat the referendum; that considerable personal effort was put forth in the district served, District 3, to inform the public; that appreciation and thanks are extended to everyone for getting to the polls voting on this important issue; that the public understands the issues and knows the government exists to represent the people; that getting back to work and addressing necessary issues will be a pleasure; that thanks are extended to the other Commissioners for the hard work; that the effort involved considerable team work. COMMISSIONER PALMER: A. thanked the Supervisor of Elections, the City Auditor and Clerk, and everyone who voted, regardless of the side supported; and stated that the election was a demonstration of democracy in action; that the results are pleasing; that the process was established in the City Charter and resulted in certification of a request by citizens to have an issue placed on the ballot; that the Commission handled the election with aplomb and dignity; that the Commission took the required action to assure the public had the necessary information to make an informed decision at the polls; that removing the pin proclaiming "No Boss Mayor" is pleasing; that the City will not have a Boss Mayor. B. stated that a previous comment was the issue of an elected mayor would be raised after the referendum; that the suggested elected mayor was not like the "Strong Mayor"; however, the issue of an elected mayor will not be raised at this time; that the City has been through a traumatic period; that her campaign included support for a mayor elected by the people for a four-year term; that the City has been through a difficult time; that the next at-large election is in 2005; that no initiative will be taken to seat an extra person at the Commission table; that an elected mayor as envisioned would replace one of the at-large Commission seats and therefore would not be on the ballot until 2005. C. stated that a proponent of the referendum indicated time should be taken to mend fences; that the first step to mending fences could be to drop the challenge to the amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) based on the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020), which has already received the approval of the State Department of Community Affairs (DCA) ; that the City should not be forced to pay thousands of dollars in legal fees and staff time to defend against the BOOK 51 Page 22886 03/13/02 12:00 NOON BOOK 51 Page 22887 03/13/02 12:00 NOON challenge; that implementation of the Downtown Master Plan 2020, which was strongly supported by the community, should not be delayed by a challenge to the DCA; that the request is for the challengers to drop the appeal; that everyone should move forward together to deal with the issues; that City time and money should not be wasted to combat a challenge to a major initiative supported by a strong percentage of the community. COMMISSIONER MARTIN: A. stated that the appeal to the DCA should be dropped; that fences should be mended; that dropping the appeal is the first proof of sincerity; that much work must be done; that the Commission is up to the task; that the City should move forward. Vice Mayor Quillin stated that personal belief exists in the process; that the processes such as a challenge are available to the public; that dropping the challenge is not priority to mend bridges; that personally, an apology or clarification concerning the misinformation which went to the public is desired; that many people asked if the voters could not determine truth; that the supporters of the "Strong-Mayor" referendum should begin mending bridges with the public; that many statements were inappropriate; that government is often the object of negative comments; that the statements made were worse than necessary; that the feelings of many people were hurt; that citizens have a choice to challenge government's actions. 3. OTHER ATERSABINISTATIVA OFFICERS #1 (0380) through (0615) CD 12:15 through 12:17 CITY MANAGER MCNEES: A. stated that thanks are extended to everyone who voted. CITY ATTORNEY TAYLOR: A. stated that last fall, the Charter Review Committee concluded the work assigned to review the City of Sarasota Charter (1996) (City Charter); that the Commission decided to wait to address the issues raised; that a workshop was scheduled for March 18, 2002, after the referendum, which can proceed if desired by the Commission; however, the suggestion is to wait and schedule a workshop to review the recommendations of the Charter Review Committee in April 2002. Mayor Mason stated that the preference is to wait so the Charter Officials can present a complete recommendation. Vice Mayor Quillin stated that some issues raised by the Charter Review Committee were housekeeping items. City Attorney Taylor stated that some issues are substantive such as nondiscrimination. Vice Mayor Quillin stated that a date certain for the workshop should be established; that the issues are important; that personal effort has been directed at clarifying some items in the City Charter for some time; and asked if possible revisions to the City Charter can be scheduled for the November 2002 ballot? Commissioner Servian stated that having sat on Charter Review Committee, the desire is to move quickly; that the referendum took considerable time and energyi that the workshop can be postponed for a short period; that nondiscrimination is an important issue; that time is necessary to receive public input and discuss the issues. City Auditor and Clerk Robinson stated that ten subjects have been identified for presentation at workshops; that a schedule for workshops will be developed shortly; that the issues raised by the Charter Review Committee will receive the top priority. Member Martin stated that the Charter Review Committee presented recommendations for revisions to the City Charter; that the Commission or Staff could also have recommendations for revisions to put before the voters; and asked if Commission and Staff recommendations will also be considered at the workshop? City Attorney Taylor stated that the March 18, 2002, Workshop was to consider recommendations from the Charter Review Commission; however, the Commission can consider such issues as deemed appropriate. Member Martin asked if the Commission can place issues before the voters? BOOK 51 Page 22888 03/13/02 12:00 NOON BOOK 51 Page 22889 03/13/02 12:00 NOON City Attorney Taylor stated yes. City Auditor and Clerk Robinson stated that an ordinance requiring a public hearing is necessary for ballot questions; however, any issue could be put before the voters for a referendum by the Commission. 4. ADJOURN (AGENDA ITEM III) #1 (0615) CD 12:17 There being no further business, Mayor Mason adjourned the Regular meeting of March 13, 2002, at 12:26 p.m. - - - 75 CAROLYN J. MASON, MAYOR 01 I a ATTES A Le BILy ROBINSON, CITY AUDITOR AND CLERK E9o