Book 36 Page 10431 04/25/94 1:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF APRIL 25, 1994, AT 1:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Fredd Atkins and Gene Pillot, City Manager David Sollenberger, Deputy City Auditor and Clerk Karen McGowan and City Attorney Richard Taylor ABSENT: Commissioner Cardamone PRESIDING: Mayor Nora Patterson The meeting was called to order in accordance with Article III, Section 10 of the Charter of the City of Sarasota at 1:04 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 94- 3786, AMENDING CHAPTER 16 OF THE SARASOTA CITY CODE, RECYCLING AND SOLID WASTE, ARTICLE II, COLLECTION AND DISPOSAL OF RECYCLABLE MATERIALS AND BY AMENDING THE CITY'S VOLUNTARY RECYCLING PROGRAM AS TO ASSURE COMPLIANCE WITH THE CITY'S MANDATORY RECYCLING PROGRAM; BY ADDING A PENALTIES AND ENFORCEMENT PROVISION sO AS TO ASSURE COMPLIANCE WITH THE CITY'S MANDATORY RECYCLING PROGRAM; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM I) #1 (0003) through (0047) Karen McGowan, Deputy City Auditor and Clerk, read proposed Ordinance No. 94-3786 by title only. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to (adopt proposed Ordinance No. 94-3786 on second reading). Mayor Patterson requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (3 to 0): Merrill, yes; Pillot, yes; Patterson, yes. 2. APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA COUNTY FOR RECYCLING AND SOLID WASTE DISPOSAL = APPROVED (AGENDA ITEM II) #1 (0050) through (0088) City Manager Sollenberger stated that the City Commission approved an interlocal agreement with Sarasota County on January 3, 1994, concerning landfill use and the City's mandatory recycling program which reflected the implementation date of July 1, 1994; that the implementation date in Section III, page 4, was changed to October 1, 1994, for consistency with Ordinance 94-3786; therefore, re- approval of the interlocal agreement is necessary. Commissioner Atkins joined the Commission at the table at 1:06 p.m. City Manager Sollenberger stated that the Administration recommends approval and authorization for the Mayor to sign the interlocal agreement; that the interlocal agreement has met the satisfaction of the City Staff; and that the County Commission will be considering this matter on Tuesday, April 26, 1994. Mr. Sollenberger continued that the Administration is hopeful that this interlocal agreement coupled with Ordinance No. 94-3786 will be satisfactory to the County Commission and will terminate any further litigation proceedings. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to (authorize the Mayor and City Auditor and Clerk to execute an interlocal agreement between the City of Sarasota and Sarasota County for recycling and solid waste disposal). Motion carried unanimously (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Patterson, yes. 3. REMARKS OF THE COMMISSIONERS, ANNOUNCEMENTS, AND ITEMS FOR NEXT AGENDA (AGENDA ITEM IV) #1 (0088) through (0590) MAYOR PATTERSON: A. stated that she received a letter from the Property Manager Specialist of Publix indicating that Vice Mayor Merrill had contacted Publix in reference to the closing of School Avenue in conjunction with the Sarasota High/Alta Vista School campus traffic study; that the letter states opposition to closing School Avenue; that she plans to answer the letter by stating that at this time the Commission has expressed an opinion in opposition of closing School Avenue. Commissioner Pillot stated that the last official action taken by the Commission with respect to School Avenue is the one to be appropriately cited; that the conclusions of the traffic study should not be limited by the Commission; that the Commission should express that they recognize the value and the rights of the study to come forth with its findings and recommendations, to then be acted upon appropriately. Vice Mayor Merrill stated that the Commission should take a strong stand against considering certain options, such as closing School Avenue. Vice Mayor Merrill continued that he is factual about the issue of the traffic study, the School Board's budget, and (the Commission's position) when he speaks to business owners and the Book 36 Page 10432 04/25/94 1:00 P.M. Book 36 Page 10433 04/25/94 1:00 P.M. citizens; that a letter written by a person to the Commission based on a discussion held between him and the person does not fully represent what was said; that he is not telling people that the School Board wants to close School Avenue; that he is stating that a traffic study is underway by the School Board and one of the conclusions may be to close School Avenue:. Commissioner Pillot stated that individual Commissioners should not presume and express the ultimate vote of the Commission; that individual Commissioners should express only their personal position and perhaps give an opinion of how they feel the Commission may vote. B. stated that she was contacted on Friday by an individual involved with a Cuban group in Tampa who oppose the Sarasota Sailing Squadron sponsoring a sailing regatta to Cuba; that she invited the individual to come before the Commission during Citizens' Input at the next Regular Commission Meeting to express his reasons why the Commission should re-consider and take a position on this matter; that Attorney Ralph Fernandez, an attorney for the Cuban group, has issued public statements about liability to the City of Sarasota in regard to the Sailing Squadron launching 200 or more boats from City- owned property and breaking Federal laws. City Attorney Taylor stated that he talked to Attorney Fernandez on Friday; that Attorney Fernandez represents a group of former detainees incarcerated by the Castro regime; that the group had successfully opposed a similar regatta scheduled in St. Petersburg last year; that Attorney Fernandez's organization plans to oppose Sarasota Sailing Squadron's regatta because it is not the sporting event perceived by the participants; that Attorney Fernandez plans to present the Commission with reasons why he feels that organizing a sailing regatta to Cuba was a carefully planted seed by the Cuban government; that Attorney Fernandez feels that participants sailing numerous vessels into Cuba bringing 250 pounds of humanitarian goods violates Federal law and the US embargo on the import of goods into Cuba; that Attorney Fernandez was hoping that the City of Sarasota as a governmental entity was not endorsing this act; that Attorney Fernandez had stated that he assumed a clause existed in the Sarasota Sailing Squadron's lease which states that as the City's tenant they shall not commit any unlawful acts. city Attorney Taylor continued that the Commission had requested that his office review the status of travel to Cuba; that he requested and received a standard document from the US Treasury Department; that the document does not state that travel to Cuba is prohibited, but states that no US currency can be expended while US citizens are in Cuba; that the document also lists categories of travel where certain amounts of money can be expended; that additional documents (pertaining to the Federal law concerning Cuba) are being forwarded by Attorney Fernandez to the City Attorney's office for review; that Attorney Fernandez made a public records request for a copy of the Sarasota Sailing Squadron's lease which has been sent. City Attorney Taylor further stated that he doesn't see anything that the City Attorney's office or the City Manager's office should be doing until sufficient documentation of a potential violation of the lease is received. Commissioner Pillot stated that it is not unlawful for a boat to depart from City-owned property; that the destination may or may not be unlawful; that the City Commission would be stretching a point substantially to regulate what adventures can be launched from leased land; and that he does not want to get involved in this matter unless the Commission is advised by the City Attorney that to allow any action to take place from the leased land would be in violation of a Federal law or any other law binding on this Commission. City Attorney Taylor stated that he knows of nothing that would require him to expend any more time or effort on this matter; that the Commission will be notified if a basis of concern materializes from the information received by Attorney Fernandez. Mayor Patterson stated that the Commission should be concerned whether tenants of City-owned property will be breaking Federal law in their intent of the sailing; that what is being planned by the Sarasota Squadron and what the City's liability is should be determined. Commissioner Atkins stated that this has already been determined by the City Attorney; that Attorney Fernandez and his organization are welcome to make a presentation before the Commission; that the City Attorney has stated that no laws are being broken; therefore, no further time should be spent on this matter by the Commission at this time. 4. OTHER MATIRB/ADAIDIGTATIVE OFFICERS (AGENDA ITEM V) #1 (0590) through (0616) CITY MANAGER SOLLENBERGER: A. that the Federal Government through executive order of President Clinton will be closing Federal offices on Wednesday, April 27th (in observance of former President Richard M. Nixon's death) ; that City, State, and County offices do not plan to close; that flying the flags at half mast commenced at City Hall on Saturday, April 23rd; and that the City Hall flags will fly at half mast for the same 30-day period as observed by Federal institutions. Book 36 Page 10434 04/25/94 1:00 P.M. Book 36 Page 10435 04/25/94 1:00 P.M. 5. ADJOURN (AGENDA ITEM VI) #1 (0617) There being no further business, Mayor Patterson adjourned the méeting at 1:23 p.m. C74 Hova Aluson NORA PATTERSON, MAYOR - ATTEST: - a à U. Bicly & Aabenson BILLY E. GOBINSON, CITY AUDITOR AND CLERK