BOOK 52 Page 23423 07/01/02 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 1, 2002, AT 6:00 P.M. PRESENT : Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, 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 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: : MAYOR'S CITATION TO BILLY ROBINSON, CITY AUDITOR AND CLERK, FOR EXCEPTIONAL SERVICE TO THE CITY AND THE COMMUNITY CD 6:02 through 6:05 Mayor Mason requested that City Auditor and Clerk Robinson join her and the Commission at the Commission table for the presentation. Mayor Mason read in its entirety the Mayor's Citation indicating that Mr. Robinson was born in Fort Myers, Florida, graduated from Charlotte High School in Punta Gorda, Florida, and received a Bachelor of Science Degree from the School of Business at Florida State University; that Mr. Robinson joined the City on June 20, 1979, and served as Auditor, Auditor/Administrative Assistant, Senior Auditor/Administrative Assistant, Assistant City Auditor and Clerk, and Deputy City Auditor and Clerk and was appointed Acting City Auditor and Clerk on. July 1, 1989, and City Auditor and Clerk on January 1, 1990; that Mr. Robinson serves as the Parliamentarian for the City Commission and provides invaluable advice and guidance to the City's elected officials in the performance of their official duties; that Mr. Robinson acts as the "glue" which keeps the City Commission moving forward in a positive direction and is always available to assist the Commissioners in meeting the needs of the citizens of the community and advancing the goals and objectives of the Commission; that Mr. Robinson is a focal point of contact for the Commissioners, City Staff, the citizens of our community, members of the business community, and others who do business with the City; expressed appreciation to Mr. Robinson for outstanding service to the City Government and for helping make Sarasota a great place to live and work; and presented the Mayor's Citation to City Auditor and Clerk Robinson. Mayor Mason continued that keeping the recognition a surprise was difficult; that City Auditor and Clerk Robinson is the keeper of the records and prepares the Agenda; that the assistance from Karen McGowan, Deputy City Auditor and Clerk, Pamela Christian, Assistant City Auditor and Clerk, Administrative Operations, and colleagues in planning the recognition is appreciated. City Auditor and Clerk Robinson thanked the Commission for the recognition; and stated that the recognition is a surprise; that working for the City is a pleasure; that City Staff and the citizens of the City are friends and very supportive. 2. PRESENTATION RE: EMPLOYEES OF THE MONTH FOR JUNE 2002, TERRY RUTHRUFF, MAINTENANCE SPECIALIST AND PAUL SHUMWAY, UTILITY SPECIALIST, POLICE DEPARTMENT CD 6:05 through 6:10 Mayor Mason requested that City Manager McNees, Edward Whitehead, Acting Chief of Police, Sarasota Police Department (SPD), and Terry Ruthrufi, and Paul Shumway, Maintenance Specialists, SPD, and Employees of the Month for June 2002, join her and the Commission at the Commission table for the presentation. Acting Chief Whitehead stated that Mr. Ruthruff and Mr. Shumway are very dedicated and conscientious in their duties; that they painted the entire interior of the police station, including the exterior trim and doors through dedicated teamwork and a concerted effort; that the painting was completed two months ahéad of schedule in addition to their daily tasks which enabled the early implementation of another SPD project; that they voluntarily changed their schedules to paint the interior of the SPD and worked together to minimize the inconvenience to other SPD employees. Acting Chief Whitehead continued that both employees can handle any emergency encountered, are constantly requested to handle a variety of tasks, and vigilant for required maintenance at the six offsite SPD locations; that all tasks are completed with a positive attitude and without complaint; that they are highly BOOK 52 Page 23424 07/01/02 6:00 P.M. BOOK 52 Page 23425 07/01/02 6:00 P.M. motivated, require little supervision, take the initiative, and address problems themselves; that both serve the SPD and the City with excellence and pride. Mayor Mason read the Employee of the Month plaques in their entirety, presented Terry Ruthruff and Paul Shumway with City-logo watches, and certificates as the June 2002 Employees of the Month in appreciation of their unique performance with the Cityi and congratulated them for their efforts. City Manager McNees recognized the families of Mr. Ruthruff and Mr. Shumway for support on their behalf; stated that the ability to work as a team is appreciated; and thanked Mr. Ruthruff and Mr. Shumway for their efforts. 3. PRESENTATION RE: : CERTIFICATE OF APPRECIATION TO WWSB CHANNEL 40 AND SARASOTA FORD FOR JOINING THE CITY IN SPONSORING AND FUNDING THIS YEAR'S JULY 4TH FIREWORKS DISPLAY AT THE BAYFRONT CD 6:10 through 6:14 Mayor Mason requested that Dan Clarke, Special Services/Community Relations, Sarasota Ford, and J. Manuel Calvo, President and General Manager, WWSB-TV Channel 40, join her and the Commission at the Commission table for the presentation. Mayor Mason read in its entirety the Certificate of Appreciation indicating that WWSB-TV Channel 40 and Sarasota Ford are joining the City in sponsoring and funding the July 4, 2002, fireworks display at Bayfront Park; that pride is taken in the fireworks display; that the sponsorship of $10,000 each allows continuation of the City's fireworks tradition at a time funding appeared no longer available; that both WWSB-TV Channel 40 and Sarasota Ford have demonstrated their commitment to the community by coming forward sO residents and visitors can enjoy the fireworks as the Country celebrates its Independence Dayi and presented each with the Certificate of Appreciation. Mr. Clarke thanked the Commission for the recognition and stated that the people of the City and taxpayers have also made the fireworks display possible; that contributions to the victims of the September 11, 2001, terrorist attacks on the Country have caused a decline in contributions to local charities; that Sarasota Ford and WWSB-TV Channel 40 assisted with the financial burden of the fireworks display this year; that citizens are encouraged to make any financial contributions previously given to support the fireworks to local charities. Mr. Calvo stated that WWSB-TV Channel 40 is thrilled to be a part of the partnership with the City and Sarasota Ford; that a fabulous fireworks display is anticipated; that the fireworks display is organized by Garden State Fireworks and will be accompanied by music from Oldies 108; that July 4, 2002, will be a time to remember the victims of September 11, 2001, and to celebrate the Country's independence. 4. CHANGE TO THE ORDERS OF THE DAY = APPROVED CD 6:14 through 6:15 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove under Ouasi-Judicial Public Hearing, Item No. IV-B-1, proposed Ordinance No. 02-4390; pertaining to Rezone Application 02-RE-08 and Site Plan Application 02-SP-19 (and related Rezone Ordinance Amendment 02-ROA- 04) pertaining to a proposed office building to be located at the northwest corner of Prospect Street and South Tamiami Trail with a street address of 1250 South Tamiami Trail per the request of the Administration. City Auditor and Clerk Robinson stated that proposed Ordinance No. 02-4390 will be rescheduled; that another review by the Planning Board/Local Planning Agency (PBLP) may be required. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. The Commission recessed at 6:15 p.m. into a Special meeting of the Community Redevelopment Agency and reconvened at 6:32 p.m. 5. APPROVAL RE: : MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF APRIL 29, 2002, AND THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 17, 2002, APPROVED (AGENDA ITEM I-1, -2) CD 6:32 through 6:33 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the Special Sarasota City Commission meeting of BOOK 52 Page 23426 07/01/02 6:00 P.M. BOOK 52 Page 23427 07/01/02 6:00 P.M. April 29, 2002, and the Regular Sarasota City Commission meeting of June 17, 2002, are approved by unanimous consent. 6. BOARD ACTIONS RE: : REPORT RE: HISTORIC PRESERVATION BOARD': S REGULAR MEETING OF JUNE 11, 2002 - SET HISTORIC PRESERVATION APPLICATION NOS. 02-HD-02 AND 02-HD-03 FOR PUBLIC HEARING AND RECEIVED REPORT (AGENDA ITEM II-1) CD 6:33 through 6:37 Christopher Wenzel, Chair of the Historic Preservation Board, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Wenzel presented the following items from the June 11, 2002, Regular meeting of the Historic Preservation Board: A. Historic Designation Application No. 02-HD-02 5050 Brywill Circle Bryson/Crane House Mr. Wenzel stated that Staff from the Sarasota County Department of Historical Resources determined the structure located at 5050 Brywill Circle, historically known as Bryson/Crane House, is of historical significance; that the Historic Preservation Board unanimously recommends historic designation of the structure located at 5050 Brywill Circle, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998 ed.): 1. Exemplifies or reflects the broad cultural history of the City of Sarasota as a typical representation of the type of home built during the Sarasota Land Boom; and 4. Embodies the distinctive visible characteristics of the Mediterranean Revival Style of architecture as evidenced by its asymmetrical plan, barrel-tile roof, and construction of stucco over hollow clay tile. B. Historic Designation Application No. 02-HD-03 1757, 1759, 1761, 1763, and 1765 Alta Vista Street The Rigby/Robinson Alta Vista Historic District Mr. Wenzel stated that Staff from the Sarasota County Department of Historical Resources determined the structures located at 1757, 1759, 1761, 1763, and 1765 Alta Vista Street, which will be known as The Rigby/Robinson Alta Vista Historic District, is of historical significance; that the Historic Preservation Board unanimously recommends historic designation of the structures located at 1757, 1759, 1761, 1763, and 1765 Alta Vista Street, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998 ed.): 1. Represents a significant entity whose components may lack individual distinction; and 2. Represents a geographically area, which contains structures, sites, objects, and spaces linked historically through location, design, setting, materials, and workmanship, feeling and association. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to set Historic Designation Application Nos. 02-HD-02 and 02-HD-03 for public hearing. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to receive the board report of the June 11, 2002, Regular meeting of the Historic Preservation Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4,5,6,7,8,9. 10, 11, 12, AND 13 - APPROVED (AGENDA ITEM III-A) CD 6:37 through 6:37 1. Approval Re: Set for public hearing on August 5, 2002, regarding the 2002 Local Law Enforcement Block Grant in the amount of $145,962, with a match amount by the City of $16,218 for a total of $162,180. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to re-execute a corrected agreement 02CON000116 between the Southwest Florida Water Management District (SWFWMD) and the City of Sarasota for the Sarasota Bay National Estuary Program FY 2002 Annual Workplan (W601), etc. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute Sub-Grant Agreement between Manatee County and the City of Sarasota to provide the BOOK 52 Page 23428 07/01/02 6:00 P.M. BOOK 52 Page 23429 07/01/02 6:00 P.M. Sarasota Bay National Estuary Program an award of $7,000 to partially fund the Cortez Schoolhouse Restoration Project in Manatee County. 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between W. G. Mills, Inc., (Bid #02-37M) in the amount of $2,085,250.10 for the Upper Main Street Streetscape Improvements. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Valentin Purtis and Valentina Bovkis for water service for a developed site located at 2916 Hawthorne Street. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Mario D. Gingerich for water service for a developed site located at 3017 Hawthorne Street. 7. Approval Re: 2002-2003 Action Plan for submission to the US Department of Housing and Urban Development (HUD) and authorize execution of the documents. 8. Approval Re: Award of contract and authorize Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Duncan Seawall, Dock & Boat Lift Inc., (Bid #02-12M) in the amount of $405,288.16 for site improvements to Ken Thompson Park Boat Ramps 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Urban Community Forestry (U&CF) Grant Memorandum of Agreement between the State of Florida Department of Agriculture and Consumer Services, and the City of Sarasota in an award amount of $14,035 towards conducting an inventory of the City's tree stock. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Insurance and Risk Management Services, Inc. (IRMS), in the amount of $38,000 for a one-year extension with the City's current property and casualty broker, IRMS, due to the unfavorable insurance conditions for the public entity property and casualty market. 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Arbitrage Services between the City of Sarasota and Arbitrage Compliance Specialists, Inc., for the period of August 1, 2001, through July 31, 2006. 12. Approval Re: Authorize the Neighborhood Development Department to use approximately $4,200 from the neighborhood Grant Program to fund the cost of registration and two nights' accommodations at double- occupancy for up to two representatives per neighborhood. 13. Receive Re: Monthly activities report from the Greater Downtown Sarasota Action Team (GDSAT). On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 13, inclusive. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1514) - ADOPTED ; ITEM 2 (RESOLUTION NO. 02R-1515) - ADOPTED; ITEM 3 (RESOLUTION NO. 02R-1516) = ADOPTED ; ITEM 4 (RESOLUTION NO. 02R-1517) = ADOPTED; i AND ITEM 5 (ORDINANCE NO. 02-4384) - ADOPTED (AGENDA ITEM III-B) CD 6:37 through 6:41 1. Adoption Re: Proposed Resolution No. 02R-1514, appropriating $16,218 from the Special Law Enforcement Trust Fund (forfeitures) to provide matching funds for a 2002 Local Law Enforcement Block Grant; etc. 2. Adoption Re: Proposed Resolution No. 02R-1515, appropriating $50,000 from the Special Law Enforcement Trust Fund (forfeitures) to provide funds for the operational and investigative cost of the Vice Narcotics Unit; etc. 3. Adoption Re: Proposed Resolution No. 02R-1516, appropriating $50,000 from the Special Law Enforcement Trust Fund (forfeitures) to fund attendance by Police Department personnel at various training programs offered at educational and law enforcement training institutes; etc. 4. Adoption Re: Proposed Resolution No. 02R-1517, authorizing the Mayor on behalf of the City of Sarasota, Florida to execute the Agreement between the State of BOOK 52 Page 23430 07/01/02 6:00 P.M. BOOK 52 Page 23431 07/01/02 6:00 P.M. Florida Department of Transportation and the City of Sarasota for the State Highway Lighting, Maintenance, and Compensation Agreement; etc. (Title Only) 5. Adoption Re: Proposed Ordinance No. 02-4384, to rezone a + .24 acre parcel from the Commercial Intensive (CI) Zone District to the Commercial Central Business District (C-CBD) Zone District to allow two buildings generally located on the southwest corner of Fifth Street and Central Avenue, a/k/a 1386 Fifth Street, as more particularly described herein; approving Site Plan 02-SP-14 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc. (Title Only) (Application Nos. 02-RE-06 and 02-SP- 14, Bruce Franklin, Land Resource Strategies, Inc., as agent representing Daniel Pochedley, as owner) City Auditor and Clerk Robinson read proposed Resolution Nos. 02R-1514, 02R-1515, and 02R-1516, in their entirety and proposed Resolution No. 02R-1517 and proposed Ordinance No. 02-4384 by title only. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 5, inclusive. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 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. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4380, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA; AMENDING SECTION 24-103, PENSION BENEFITS; TO PROVIDE THAT THE PENSION BENEFIT BEING PAID TO EVERY DISABILITY RETIREE OR THE JOINT ANNUITANT OF A DISABILITY RETIREE WHO RETIRED ON OR BEFORE JANUARY 1, 2000, WILL BE INCREASED TO APPROXIMATE THE CURRENT BENEFIT MULTIPLIER OF 2.5 PERCENT EFFECTIVE MARCH 1, 2002, AND DELETES OBSOLETE LANGUAGE REGARDING PRORATED COST-OF-LIVING ADJUSTMENT BENEFITS, ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-1) CD 6:41 through 6:44 Benita Saldutti, Pension Plans Administrator, came before the Commission and stated that proposed Ordinance No. 02-4380 is to amend Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, amending Section 24-103, Pension Benefits; that proposed Ordinance No. 02-4380 amends the General Employees' Pension Plan, (Pension Plan) to: 1. Provide the pension benefit paid to every disability retiree or the joint annuitant of a disability retiree who retired on or before January 1, 2000, will be increased to approximate the current benefit multiplier of 2.5 percent; 2. Delete obsolete language regarding the prorated cost of living adjustment benefits; and 3. Provide the increase is effective March 1, 2002. Ms. Saldutti referred to two letters included in the Agenda backup material as follows: Letter dated February 13, 2002, from Gabriel, Roeder, Smith and Company (GRS), Consultants and Actuaries to the Pension Plans Administrator. Ms. Saldutti stated that GRS outlined the cost to the Pension Plan to increase the benefit to approximate the current benefit multiplier of 2.5 percent; that some current disability BOOK 52 Page 23432 07/01/02 6:00 P.M. BOOK 52 Page 23433 07/01/02 6:00 P.M. recipients retired at the time the multiplier was less than 2 percent; that the annual cost of the benefit improvement is .32 percent of the general employees' payroll, or $58,188 per yeari however, funding will not be impacted until 2008 due to the City's contribution of a minimum of 8 percent of payroll; that excess funding of the Pension Fund is anticipated until 2008; that the increased funding is applicable from 2008 through 2016; that the City will experience a small increase in contributions for nine years; that the benefit improvement is a one-time adjustment. Letter dated June 5, 2002, from James Godshall, representing the Citrus, Cannery, Food Processing and Allied workers, drivers, warehouse, and helpers, Local Union Number 173, International Brotherhood of Teamsters (Teamsters) to the Pension Plans Administrator. Ms. Saldutti stated that the Teamsters Union has waive the right to bargain concerning the proposed Ordinance and continued that the General Employees' Pension Board of Trustees and Staff recommend passing Ordinance No. 02-4380 on first reading. 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. 02-4380 by title only. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to pass proposed Ordinance No. 02-4380 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yesi Quillin, yes; Servian, yes; Martin, yes. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4381, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 3, POLICE; ; AMENDING SECTION 24-69 DISABILITY BENEFITS; PROVIDES THAT THE MONTHLY PENSION BENEFIT BEING PAID TO EVERY POLICE OFFICER THAT BECAME DISABLED IN THE LINE OF DUTY (PRIOR TO THE EFFECTIVE DATE OF THE ORDINANCE) WILL BE INCREASED TO $2,592.62; PROVIDES THAT THE MONTHLY PENSION BENEFIT BEING PAID TO THE WIDOW OF A POLICE OFFICER THAT BECAME DISABLED IN THE LINE OF DUTY (PRIOR TO THE EFFECTIVE DATE OF THE ORDINANCE) WILL BE INCREASED TO $1,728.42, EFFECTIVE MARCH 1, 2002; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-2) CD 6:44 through 6:46 Benita Saldutti, Pension Plans Administrator, came before the Commission and stated that proposed Ordinance No. 02-4381 is to amend Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the Code of Ordinances of the City of Sarasota, amending Section 24-69, Disability Benefits; that proposed Ordinance No. 02-4381 amends the Police Officers' Pension Plan, (Pension Plan) to: 1. Provide the monthly pension benefit paid to every police officer disabled in the line of duty prior to the effective date of the ordinance will be increased to $2,592.62; 2. Provide the monthy pension benefit paid to the widow of a police officer disabled in the line of duty prior to the effective date of the ordinance will be increased to $1,728.42; and 3. Provide the increase is effective March 1, 2002. Ms. Saldutti stated that the Police Officers' Pension Board of Trustees reviewed the amount of funding received by the line-of-duty disability recipients and widows of disability recipients and determined the amounts are below a reasonable standard of living; that adjusting the benefits to 75 percent of the salary of a first-class probationary Police Officer, with widows receiving 50 percent of the salary will bring certain disability recipients into a more equitable position with other retirees; that the benefit improvement will bring the disability recipients to the minimum amount received by a first-class probationary police officer currently receiving a line-of-duty disability; that the benefit improvement is a one-time adjustment. Ms. Saldutti referred to two items included in the Agenda backup material as follows: Letter dated February 14, 2002, from Gabriel, Roeder, Smith and Company (GRS), Consultants and Actuaries to the Pension Plans Administrator. Ms. Saldutti stated that the letter from GRS indicates the annual cost of the benefit improvement is estimated at .59 BOOK 52 Page 23434 07/01/02 6:00 P.M. BOOK 52 Page 23435 07/01/02 6:00 P.M. percent of the police payroll, or $58,691 per year; however, funding will not be impacted until 2008 due to the City's contribution of a minimum of 8 percent of payroll; that excess funding of the Pension Fund is anticipated until 2008; that the increased funding is applicable for years 2008 through 2016; that the City will experience an increase in contributions for nine years. Waiver dated June 5, 2002, from Michael McHale, President, Southwest Florida Chapter of the Southwest Florida Police Benevolent Association, Inc. (PBA), to the Pension Plans Administrator. Ms. Saldutti stated that the PBA waived the right to bargain concerning the proposed Ordinance and continued that the Police Officers' Pension Board of Trustees and Staff recommend passing Ordinance No. 02-4381 on first reading. 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. 02-4381 by title only. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4381 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes; Mason, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4387, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA (1998 EDITION) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION 02-PA-02 INITIATED BY THE CITY OF SARASOTA; SAID SMALL SCALE DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND USE CIASSIFICATION OF A PARCEL OF PROPERTY FROM "MULTII PLE FAMILY MODERATE DENSITY" TO "OPEN SPACE RECREATION CONSERVATION", ; SAID PROPERTY BEING APPROXIMATELY .48 ACRE IN SIZE AND LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DR. MARTIN LUTHER KING, / JR. WAY AND COCOANUT AVENUE; ; STATING VARIOUS FINDINGS OF FACT CONCERNING THE ADOPTION OF THIS SMALL SCALE DEVELOPMENT AMENDMENT; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-02, APPLICANT CITY OF SARASOTA) = PASSED ON FIRST READING (AGENDA ITEM IV-A-3) CD 6:46 through 6:53 David Smith, AICP, Senior Planner II, Planning Department, came before the Commission; referred to computer-generated slides of the proposed Future Land Use Map Amendment throughout the presentation; and stated that in October 2001, the City initiated the proposed amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) to revise the Future Land Use Map to allow park-related facilities or open space uses at the proposed site located at the southeast corner of the intersection of Dr. Martin Luther King, Jr. (MLK) Way and Cocoanut Avenue with a street address of 1306 and 1322 MLK Wayi that Plan Amendment Application No. 02-PA-02 as incorporated in proposed Ordinance No. 02-4387 is a proposal to amend the Future Land Use Classification for the City-owned t .48 acre site from the Multiple Family (Moderate Density) to the Open cNeCNeAN Land Use Classification; that the site is currently undeveloped and in the Commercial Business Newtown (CBN) Zone District. Mr. Smith continued that the Multiple Family (Moderate Density) Future Land Use Classification allows for a maximum of nine residential dwelling units per acre; which includes multi-family type developments; that a single-family development could be also built on the site; that the proposed Open Space-Recreation- Conservation Future Land Use Classification allows for the development of parks and ancillary uses; and referred to Section II, Public Benefits Review, of the Staff report concerning the Comprehensive Plan Amendment included in the Agenda backup material which identifies the public benefits of the Application in the following five sections of the City's Comprehensive Plan: 1. Future Land Use Chapter 2. Neighborhood Plan Chapter 3. Housing Plan Chapter 4. Recreation and Open Space Plan Chapter 5. Capital Improvements and Plan Chapter Mr. Smith further stated that Staff did not identify any goals, objectives, or action strategies in the City's Comprehensive Plan which would indicate the proposed amendment is not of public benefit; and continued that at its June 5, 2002, Regular meeting, the Planning Board/Local Planning Agency (PLBP) voted unanimously to approve Plan Amendment Application No. 02-PA-02 as incorporated BOOK 52 Page 23436 07/01/02 6:00 P.M. BOOK 52 Page 23437 07/01/02 6:00 P.M. in proposed Ordinance No. 02-4387; that Staff recommends passing Ordinance No. 02-4387 on first reading. Commissioner Martin stated that the proposed amendment will compliment Dr. Martin Luther King, Jr. Park by allowing future support parking. Mr. Smith stated that parking will be an allowed use at the site once the Future Land Use Classification is changed. 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. 02-4387 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4387 on first reading. Commissioner Quillin stated that the property will be utilized for parks and ancillary uses as originally intended by the Commission at the time of purchase, which is pleasing. Commissioner Martin stated that the loss of a potential housing site is a concern; however, other opportunities exist in the north Sarasota area for infill and redevelopment housing; that additional access to Dr. Martin Luther King, Jr. Park is important; that events held at the park serve the north Sarasota area; that the Parks Section of the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) focuses on parks such as the Whitaker-Gateway Park as a kayak and canoe park with access to Sarasota Bay; that Whitaker-Gateway Park serves the west neighborhoods such as the Indian Beach Sapphire Shores neighborhoods and part of the north Sarasota area; that possible enhancements to Dr. Martin Luther King, Jr. Park are pleasing; that the development of a park-like parking area for the park is suggested; that an open space concept is desired. Mayor Mason called for a vote on the motion to pass proposed Ordinance No. 02-4387 on first reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yes; Martin, yes; Mason, yes; Palmer, yes. 13. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 6:53 through 7:03 The following people came before the Commission: Fred Shultz, 2154 Webber Street (34239), distributed a letter describing the history of the apartment/rental unit constructed on the property of his main residence; and stated that the information was previously provided to the City; that a problem has been encountered with the Code Enforcement Department; that the problem was discussed with Commissioner Martin; that Code Enforcement Staff is of the opinion houses should not have separate apartments on residential property; however, separate apartments are constructed on residential property all over the City, have existed for years, and are relied upon for rentals during the tourist season; that the reason for the prohibition is not known; that no information concerning the prohibition was provided at the time of constructing the apartment/rental unit that apparently, the restrictions were adopted immediate prior to his constructing the apartment/rental unit; that the construction plans were approved by the City's building inspectors at the time; that the apartment/rental unit was utilized until approximately a year ago with no problems; that Code Enforcement Staff does not understand the problem; that significant money is being lost; that the main residence could be sold; however, the value is significant less without the apartment/rental unit; that his wife is in a nursing home and therefore unable to assist; that the Commission's assistance is requested. Commissioner Quillin stated that a letter to the Commission from Mr. Shultz was received on March 4, 2002, and forwarded to the Administration; that the Administration could research the history regarding the apartment/rental unit and report back. Mayor Mason stated that the Commission's consensus is to forward the request to the Administration for a report back. Mr. Shultz stated that the Commission could change the regulations concerning apartment/rental units on residential property. Mayor Mason stated that the Commission cannot change the regulations at this time; that a report from the Administration will be evaluated; that Mr. Shultz will be contacted by the Administration. BOOK 52 Page 23438 07/01/02 6:00 P.M. BOOK 52 Page 23439 07/01/02 6:00 P.M. Commissioner Quillin stated that a response should also be provided to the Commission. City Manager McNees stated that a written response will be provided to the Commission; that responses have already been provided to Mr. Schultz on a number of occasions; however, the response is not as desired. Toni Oatsvall, homeless, stated that a majority of the Commissioners are known either directly and indirectly from her activities on the residents' council of the Sarasota Housing Authority (SHA) in 2001; that on June 17, 2002, the SHA evicted her to the street, along with her daughter and granddaughter; that a lawsuit is pending in Circuit Court against SHA as the SHA indicated her dog is too large; that the dog is cystitic; that significant documentation concerning the dog was supplied to SHA; however, SHA will not accept the documentation; that a lawsuit concerning handicapped discrimination and violations of the fair housing laws has been filed with the US Department of Housing and Urban Development (HUD) and is progressing; that numerous conciliation offers have been made to SHA; however, the only conciliation offer received from SHA is to vacate the premises; that the only support received is Social Security Disability Income; that other living accommodations cannot be afforded; that she resides in her vehicle presently; that a daughter moved in during the eviction proceedings as she, personally, was suicidal and the daughter was concerned; that an effort was made to add the daughter's name to the lease as the rent would have been less and therefore more affordable; however, SHA did not allow adding the daughter's name to the lease as she, personally, is not considered a tenant in good standing. Ms. Oatsvall continued that numerous conversations were held with the Property Manager; that correspondence was sent to the SHA Executive Director; that conversations were held with other SHA staff; that the SHA Executive Director will not return telephone calls; that messages are returned through other SHA staff; that she is now homeless; that money for the rent was available from two non-profit organizations in the City to pay the back rent; that SHA refused to accept the back rent; that Commissioner Quillin was contacted and personally telephoned the SHA Executive Director who indicated the monies for the back rent would not be accepted and the eviction is final; that only one hour was allowed to gather all personal belongings and vacate the premises; that her daughter fell off the front step during the eviction and is now on crutches with torn ligaments and tendons in one leg and a torn knee-cap in the other leg; that her daughter was unconscious for two minutes; that the authorities who were standing nearby did nothing to assist her daughter and did not allow her to help the daughter but rather told her to keep removing the personal belongings from the premises; that the authorities indicated a bad example was being set for the granddaughter and a bad example had already been set by allowing the eviction to happen. 14. UNFINISHED BUSINESS: REPORT RE : STATUS OF THE CITY'S 100th YEAR ANNIVERSARY CELEBRATION - APPROVED TO SUPPORT THE PROGRAM OF THE SARASOTA SISTER CITIES ASSOCIATION (SSCA) FOR THE OCTOBER 14, 2002, DINNER AND PERFORMANCE AT THE VAN WEZEL PERFORMING ARTS HALL FOR THE CITY'S 100TH YEAR ANNIVERSARY CELEBRATION AS INDICATED IN THE JUNE 24, 2002, LETTER FROM HOPE BYRNES, SSCA CITY LIAISON, AND THE JUNE 18, 2002, MEETING MINUTES OF THE 100TH ANNIVERSARY DINNER PLANNING COMMITTEE AND REFERRED THE SUGGESTION FOR COMMEMORATIVE ARTWORK FOR THE CELEBRATION TO THE ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM VII-1) CD 7:03 through 7:30 Commissioner Quillin displayed on the Chamber monitors and distributed a sketch of the original seal of the City with language added to commemorate the City's 100th Year Anniversary Celebration (Celebration); and stated that a status report of the Celebration will be presented; that the seal with the commemorative language could be used throughout the Celebration; that the plan is also to produce a 1.5-inch coin with the seal and commemorative language as a memento; that additionally, the coin could be made larger of bronze as a gift; that a website is being constructed for the Celebration and will be ready by October 14, 2002; that the name of the website is CelebrateSarasota.com. Mayor Mason stated that the design looks good. Commissioner Quillin stated that a meeting was held with Paul Thorpe, Executive Director, Downtown Association of Sarasota, Inc. (Downtown Association), regarding the calendar of events for the Celebration; that events are added to the calendar as information becomes available; that the hope is to have a circus parade in January 2003 to coincide with the circus performance by Showfolks, which is normally held in December; that the promoter was requested to change the date of the circus BOOK 52 Page 23440 07/01/02 6:00 P.M. BOOK 52 Page 23441 07/01/02 6:00 P.M. performance to the first Saturday in January 2003; that a entire month of circus-related activities may be possible; that additional ideas are being solicited for the Celebration; that a unique pin in the shape of a key of a city with a logo in the center was seen at a recent conference attended on behalf of the City; that information concerning producing a similar pin for the City's celebration is being obtained; that discussions were held with the City Auditor and Clerk regarding the Key to the City which is given to visiting dignitaries; that ideas concerning the Key to the City could be presented to the Commission if desired; that the Commission is requested to advise as to any new and exciting ideas for the Celebration. Commissioner Quillin continued that the neighborhood representatives who attended the recent neighborhood conference met to exchange ideas; that an idea is to include events celebrating the City's neighborhoods and parks in the calendar of events; that various groups which produce different events are being contacted; that a meeting is scheduled for July 16, 2002, to discuss ideas for events during the Celebration; that the City's media Staff will attend to assist groups in developing ideas and strategies to tie in planned events to the Celebration; that the CelebrateSarasota.com website will hopefully interact with calendars of other organizations; that for example, the Downtown Association sponsors functions such as Arts Day; that additional intormation about Arts Day could be provided through a link on the CelebrateSarasota.com website; that additional information will be provided to the Commission as available; that interested parties are invited to attend the meeting; that contact lists concerning other events in the City will be provided. Commissioner Quillin further stated that the groups planning the dinner and performance for October 14, 2002, are diligently working; that the President of the Sarasota Sister Cities Association (SSCA) recently left to attend her son's wedding in Colorado, will return in time for the July 15, 2002, Regular Commission meeting, and can provide updated information at that time; that the dinner for the dignitaries traveling to the City will be held at the Van Wezel Performing Arts Hall (VWPAH); that the number of dignitaries planning to attend is growing; that SSCA requested one representative from each of the Sister Cities; that one Sister City is sending four individuals to attend the event; that SSCA has established an association with the Rotary Club of Sarasota, which is excellent; that the connections with the Sister Cities are amazing; that more information is being obtained; that SSCA will provide an update at the July 15, 2002, Regular Commission meeting. Commissioner Martin stated for clarification that a commemorative coin is suggested; that other ideas are for a commemorative pin and a commemorative Key to the City to distribute during the Celebration. Commissioner Quillin stated that is correct; that the pin is a miniature Key to the City with the City's logo; that the hope is to identify the supplier; that samples from suppliers for the Key to the City are being obtained. Commissioner Martin asked if the website is separate from the City's website? Commissioner Quillin stated no; that the website is part of the City's website; that the cost for the website name of CelebrateSarasota.com was $14; that the basic concept of the website CelebrateSarasota.com is to provide information concerning Celebration events on a monthly basis; that links will be provided to obtain additional information regarding specific events. Commissioner Martin stated that a conversation was held with former Mayor and Commissioner Mollie Cardamone about a Bay Event Celebration along with the City's Celebration; that the possibility of a Bay Event Celebration will be discussed by the Management and Policy Committee of the Sarasota Bay National Estuary Program (SBNEP) in early August 2002 with hopes to plan an event for early March 2003. Commissioner Martin referred to a June 24, 2002, letter from Hope Byrnes, SSCA City Liaison, to the Mayor with attached minutes of the June 18, 2002, meeting of the 100th Anniversary Dinner Planning Committee (Planning Committee) and stated that the planned events are impressive; that the Commission's support for the planned events was requested; that the plans are coming together; that the Commission should support the plans as indicated; that a monthly status report from Commissioner Quillin concerning the events of the Celebration would be appreciated; that additionally, receiving the meeting minutes of the Planning Committee would be appreciated sO the Commission is aware of on-going activities. BOOK 52 Page 23442 07/01/02 6:00 P.M. BOOK 52 Page 23443 07/01/02 6:00 P.M. Commissioner Quillin stated that a budget for the events was requested; that SSCA is working on the budget; that the City can assist with some of the financial requirements; that the City will be a partner with SSCA concerning the dinner and performance at the VWPAH; that the City Auditor and Clerk and is on the Planning Committee which is meeting on July 2, 2002, to discuss upcoming activities; that discussions were held with the SSCA President concerning the anticipated budget; that the hope is to provide assistance to the SSCA concerning the planned events. Vice Mayor Palmer stated that the information in the June 24, 2002, letter and attached minutes was excellent; that the Commission should support the recommendations of the Planning Committee regarding the dinner and the performance; that more detail concerning the performance at the VWPAH would be appreciated; and asked the funding allocated by the Commission for the Celebration? Commissioner Quillin stated that $25,000 was allotted and will be used for the coins and other events planned. Vice Mayor Palmer stated that a report of the planned expenditures from the City's budgeted funds for the Celebration is requested sO the Commission can move forward, provide support as necessary, and have knowledge concerning the expenditures; that concerns have been voiced by some members of the various groups involved; that information should be provided sO united progress can continue to assure the events will be an extraordinary success; that the Celebration will last a full year; that various groups have expressed interest in participating; that a formal monthly budget update is requested with specifics as to the proposals, particularly for the October 14, 2002, kickoff event. Commissioner Quillin stated that the Planning Committee is preparing the information; that the budget was requested from SSCA; that invitations requiring postage are being prepared; that the City can provide assistance; that certain information requires clarification; that suggestions can be made for the City to provide assistance; that resistance has been encountered; that a team effort is required; that the Commission is requested to support the mutual efforts of the SSCA President and herself; that work on the activities has continued since Sister City Dunfermline, Scotland, indicated representatives would be coming to the City for the October 14, 2002, events; that information concerning the performance at the VWPAH will be in the VWPAH fall brochure; that the performance will be a two- hour historical and musical depiction of the City's history entitled Celebrate Sarasota; that the Sarasota Concert Band and VWPAH Staff are working on the details of the performance; that the menu for the dinner is complete, the location has been selected, and the remaining details are being addressed. Vice Mayor Palmer stated that an overview report from the entire group would be appreciated at the July 15, 2002, Regular Commission meeting. Commissioner Quillin stated that another month is required to complete the details. Vice Mayor Palmer stated that a report should be scheduled for the July 15, 2002, Regular Commission meeting; that if not possible, a report could be provided at the August 5, 2002, Regular Commission meeting. Mayor Mason asked if a written request is being suggested? Vice Mayor Palmer stated that any communication based on the Commission's consensus is appropriate. Commissioner Quillin stated that work continues on the performance at the VWPAH, which hopefully will be sold out; that the possibility of creating a committee called the Celebrate Sarasota Committee (Committee) was discussed with the City Manager, the Executive Director of the Downtown Association, and the SSCA President; that the Committee could assist other organizations which are producing shows and events and could provide grants through corporate sponsorship; that the Downtown Association is a designated non-profit organization; that any funds remaining after the dinner and the performance could be allocated to the Committee for establishing grants to assist smaller organizations such as Juneteenth, the Soapbox Derby, and others. Mayor Mason asked the manner by which the request for a report will be communicated to SSCA? Commissioner Quillin stated that the SSCA President indicated a report will be provided for the July 15, 2002, Regular Commission meeting. BOOK 52 Page 23444 07/01/02 6:00 P.M. BOOK 52 Page 23445 07/01/02 6:00 P.M. Commissioner Martin stated that unequivocal support should be offered to SSCA. On motion of Commissioner Martin and second of Vice Mayor Palmer, it was moved to support the program of the Sarasota Sister Cities Association (SSCA) for the October 14, 2002, dinner and performance at the Van Wezel Performing Arts Hall for the City's 100th Year Anniversary Celebration as indicated in the June 24, 2002, letter from Hope Byrnes, SSCA City Liaison, and the June 18, 2002, meeting minutes of the 100th Anniversary Dinner Planning Committee. Commissioner Martin stated that some confusion has existed in the past; that SSCA is concerned about the limited time to complete the plans and should be provided a vote of confidence. Vice Mayor Palmer stated that the group comprised of SSCA representatives and others involved is requested to address the Commission at the July 15, 2002, Regular Commission meeting to provide an updated report concerning the events and the budgetary implications. Commissioner Quillin stated that the group is working on the budget; that efforts have been made sO the City can be of any assistance possible and sO contentiousness is not necessary. 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. Commissioner Quillin stated that establishing a Celebrate Sarasota Committee utilizing the non-profit corporation status of the Downtown Association was suggested sO efforts to obtain corporate sponsors for upcoming events and to provide grants could begin. Vice Mayor Palmer stated that the establishment of a Celebrate Sarasota Committee could be included in the report. Commissioner Quillin stated that the Celebrate Sarasota Committee is separate from SSCA. Vice Mayor Palmer stated that the request is for a report of all events and activities associated with the Celebration. Commissioner Quillin stated that a report concerning the calendar and other events to date can be provided; that SBNEP has been requested to establish a committee, obtain funding, and advise as to any assistance required from the City for the Bay Event Celebration. Mayor Mason stated that an update of available information will be provided at the July 15, 2002, Regular Commission meeting. Vice Mayor Palmer stated that a partial report was received from the Public Art Committee, which was not excited about the idea of a contest for a piece of public art commemorating the City's 100th Year Anniversary and suggested referring the project to the City's Public Information Officer; that the Commission should move forward with a recommendation concerning a piece of commemorative public art; that the suggestion was for a contest or competition for a piece of artwork commemorating the City's 100th Anniversary; that a recommendation from the Administration would be appreciated. City Manager McNees stated that the members of the Public Art Committee are the experts and would have been the best source of knowledge concerning commemorative artwork; that nevertheless, some ideas can be developed for the Commission's consideration. Commissioner Quillin stated that a dedication of a time capsule during the Celebration is being considered in conjunction with the renovation of the Sarasota Federal Building; that the Public Art Committee was under the assumption a contest or competition should be accomplished by October 14, 2002, which is impossible; that a date of October 14, 2003, the conclusion of the Celebration events, could be established for completion of a contest or competition, which would provide adequate time; that another proposal is for the City's Sister Cities to participate in an art competition which has been referred to the SSCA President; that each of the City's Sister Cities could send artwork for display during the Celebration; that the Public Art Committee was under the assumption the Commission was interested in having a contest or competition completed by October 14, 2002. Vice Mayor Palmer stated that the suggestion for commemorative artwork for the Celebration should be referred to the Administration for a report back. City Manager McNees stated that a report will be provided the Commission. BOOK 52 Page 23446 07/01/02 6:00 P.M. BOOK 52 Page 23447 07/01/02 6:00 P.M. Vice Mayor Palmer stated that waiting until October 14, 2003, for a contest or competition is not preferred; that the suggestion for the City's Sister Cities to send artwork for display is excellent; however, alternatives for a piece of commemorative artwork initiated by the City should be developed. Commissioner Quillin stated that the Public Art Committee was of the opinion the Commission was interested in a completion date of October 14, 2002. Vice Mayor Palmer stated that the Public Art Committee could have indicated a completion date of October 14, 2002, is too soon. Commissioner Quillin stated that a City poster was presented to Sister City Dunfermline, Scotland, during the Sister City signing ceremony; that the poster was created in 1990; that the artist has been identified and is still in the Cityi that a meeting with the artist will be scheduled to discuss using the poster during the Celebration. City Manager McNees stated that a proposal for commemorative art for the Celebration will be developed and returned to the Commission; that the suggestion is for art which is more populist than the commissioning of a piece of fine art for the Celebration; that a centennial poster or mural which would have more widespread distribution could be considered; that ideas will be brought back to the Commission. The Commission recessed at 7:30 p.m. and reconvened at 7:42 p.m. 15. UNFINISHED BUSINESS: CONTINUED DISCUSSION RE: : PROPOSED AMENDMENTS TO THE SARASOTA CITY CHARTER - DIRECTED BALLOT LANGUAGE BE RETURNED FOR FIVE PROPOSED AMENDMENTS TO THE SARASOTA CITY CHARTER (AGENDA ITEM VII-2) CD 7:42 through 9:26 City Attorney Taylor referred to the minutes of the May 1, 2002, Workshop concerning the review of the Sarasota City Charter (City Charter) by the Charter Review Committee which were included in the Agenda backup material; and stated that the areas of the City Charter discussed as well as the Commission's direction from the May 1, 2002, Workshop will be reviewed; that any amendments to the City Charter must be placed before the voters in a referendum; that areas of the City Charter reviewed by the Commission are as follows: Penalties for Charter Violations by City Commissioners City Attorney Taylor stated that a review of the minutes indicated the Commission did not support a Charter amendment concerning penalties for Charter violations by a Commissioner; therefore, no amendment concerning violations of the City Charter by City Commissioners is proposed. Authority to Sign City Contracts City Attorney Taylor stated that the minutes did not reflect discussion regarding a proposed amendment concerning the authority to execute City contracts; that no Commission discussion is required; and referred to proposed language for the ballot included in the Agenda backup material as follows: Section 19, Article IV, Written Contracts: The City Commission shall approve all written contracts of the City except for specific contractual matters declared by ordinance of the City Commission to be exempt from the requirements of this article. An exempting ordinance shall specify the policy to be followed to approve and execute a contract exempt from the provisions of this article. Annual Budget Process City Attorney Taylor stated that the annual budget process, specifically the budgets of the City Auditor and Clerk and the City Attorney, was discussed; and referred to proposed language for the ballot included in the Agenda backup material as follows: Section 5, Article VI, Annual Budget: The City Auditor and Clerk shall prepare an annual budget to be included in the city manager's proposed budget for consideration during the annual budget workshops. Section 4, Article VII, Annual Budget: The City Attorney shall prepare an annual budget to be included in the city manager's proposed budget for consideration during the annual budget workshops. Calculation of "majority voter support" BOOK 52 Page 23448 07/01/02 6:00 P.M. BOOK 52 Page 23449 07/01/02 6:00 P.M. City Attorney Taylor stated that language to clarify the calculation of "majority voter support" was proposed and approved by the Charter Review Committee; and referred to proposed language for the ballot in the Agenda backup material as follows: Section 5, Article IX, Nominations Elections and Referenda: When only (1) or two (2) persons qualify as candidates for an at-large seat on the city commission, the names of such persons shall not appear on the ballot, and such persons shall be declared elected and shall assume office at the same time and in the same manner as if elected in the first election. The minimum number of votes required for a candidate for an at-large seat to receive the support of a majority of the voters, as required herein, shall be a number which is equal to half the numbers of persons voting (as indicated by valid ballots cast) plus one (1). Procedures related to Charter Amendments City Attorney Taylor stated that new procedures concerning proposed changes to the City Charter were developed by the City Attorney's Office, are included in proposed revisions to Article X of the City Charter, were previously provided to and approved by the Charter Review Committee, and were presented to the Commission at the May 1, 2002, Workshop; that unless directed otherwise, the proposed revisions to the procedures for adopting amendments to the City Charter will be included on the ballot. Non-Discrimination/Human Rights language City Attorney Taylor stated that a listing of employers including governmental entities with non-discrimination policies was provided to the Commission at the May 1, 2002, Workshop; that the City Attorney's Office received direction to research additional information to present to the Commission; that copies of non- discrimination policies were obtained from St. Petersburg, Ft. Lauderdale, Gainsville, Key West, Lake Worth, and other cities in Florida; that after review of the policies obtained, two items are presented to the Commission in the Agenda backup material: 1) the policy from St. Petersburg, Florida, and 2) the model ordinance prepared by the International Municipal Lawyers Association (IMLA), an organization to which the City has belonged for a number of years. City Attorney Taylor continued that the Supervisor of Elections indicated the ballot language for the November 2002 election is due by August 26, 2002; that the November 2002 ballot is lengthy, including seven State Constitutional amendments; that any referenda proposed by the City will be at the end of the ballot; that the new touch-screen ballots are easier to administer than previous systems; that the County anticipated going to referendum at the November 2002 election but . decided to hold a special election in September 2002; that the deadline for the September 2002 election is July 21, 2002, which could not be met by the City due to all the requirements such as publication; that dates for Commission consideration of the applicable ordinances will be discussed with the City Auditor and Clerk. City Attorney Taylor further stated that the Commission raised the following questions regarding the non-discrimination/human rights language: a. Will the Charter contain a basic unequivocal statement of position and will there be specific enforcement options provided in addition to the policy statement? b. What will be the scope of the enforcement of the non- discrimination policy statement and will it include the formation of a human rights commission? City Attorney Taylor stated further that language and a ballot question should be formulated prior to development of enforcement provisions; that the policies should be adopted, followed by implementation; that the City Manager should be involved in the development of implementation and enforcement provisions. Commissioner Quillin asked if additional information concerning the St. Petersburg Human Rights Commission was obtained? City Attorney Taylor stated that the City of St. Petersburg has a department director, a human relations officer, and six or seven investigators in the Community Affairs Department; that the Community Affairs Department investigates the complaints, undertakes conciliation efforts, and ultimately enters a ruling; that the Human Rights Commission functions as the appeals board, holds monthly meetings which last four to five hours, and hears BOOK 52 Page 23450 07/01/02 6:00 P.M. BOOK 52 Page 23451 07/01/02 6:00 P.M. three to four cases a month; that legal staff is provided to support the activities. Commissioner Quillin asked the cost of administering the Human Rights Commission? City Attorney Taylor stated that the cost is not known but could be obtained if desired. Commissioner Quillin asked if the St. Petersburg policy was adopted after the development of the IMLA model ordinance? City Attorney Taylor stated that a response is not known. Commissioner Servian stated that the St. Petersburg policy was adopted by ordinance and not by charter. City Attorney Taylor stated that often statements of policy are included in city charters; that the detail and implementation language will likely be adopted at a lower level; that the implementing language for the St. Petersburg policy is adopted by ordinance. Commissioner Servian asked the size of an organization which would be required for the City to have a Community Affairs Department similar to that of St. Petersburg? City Attorney Taylor stated that a response would only be a guess; that the Sarasota City Code has provisions for a Community Relations Board, which apparently functioned at one time but not at a high activity level; that a large staff was not required to support the Community Relations Board. Commissioner Martin stated that ordinances addressing discrimination issues exist throughout the Country; that the question is if the issues should be first addressed in the City Charter with implementation addressed through the adoption of an ordinance. Commissioner Servian stated that the recollection is the St. Petersburg policy was not adopted in the Charter but rather by ordinance. Commissioner Martin stated that the Editor's Commentary to the IMLA model ordinance references ordinances rather than city charters. City Attorney Taylor stated that additional information concerning other cities practices can easily be obtained if desired. Commissioner Martin stated that the detail in the St. Petersburg Code is beyond the scope of a city charter; that additional research would be helpful; that possible language was presented by the Charter Review Committee; that West Palm Beach and Orlando, Florida, have a human rights commission; that personal meetings have been held with a group which formed after the Sarasota Openly Addresses Racism (SOAR) effort and which is interested in the possibility of a human relations commission in the community; that the provisions in the City Code concerning the Community Relations Board were discovered at that time; however, Section 18-40, Complaints, indicates the Community Relations Board addresses housing only as follows: Section 18-40, Complaints Any person subjected to a discriminatory act or practice in contravention of this article shall file with the community relations board a complaint . [statingl the facts surrounding the alleged commission of an unfair housing practice Commissioner Martin stated that the City's Community Relations Board formulated as a peacemaker to address issues and provide a forum to mediate problems; that enforcement can be addressed in a variety of methods; that the Commission should first decide if the issue of oa-diserimintionsan rights should be presented to the voters, after which the hard work begins if approved; that more questions will be presented in the future; that the language for any proposed amendment must be developed to meet the election deadline if the Commission decides to proceed. City Attorney Taylor stated that his understanding from the May 1, 2002, Workshop was language would be developed as a statement of policy for inclusion in the City Charter with implementing ordinances to follow; and referred to the St. Petersburg declaration of policy as follows: Section 15-21, Article II, Discrimination: The general purpose of this article and the policy of the City is to secure for all individuals within the City freedom from discrimination because of race, color, religion, ancestry, sex, national origin, age, handicap, place of birth, sexual BOOK 52 Page 23452 07/01/02 6:00 P.M. BOOK 52 Page 23453 07/01/02 6:00 P.M. orientation or marital status and thereby to protect their interest in personal dignity, to make available to the City their full productive capacities, to secure the City against domestic strife and unrest to preserve the public safety, health and general welfare and to promote the interest, rights and privileges of individuals within the City. It is, furthermore, recognized by the City that the furtherance of this declaration of policy will be accomplished most expeditiously at the local level rather than through the utilization of State or Federal resources. Commissioner Servian stated that public input will be received shortly; that a suggestion is to suspend the normal time limits due to the large number of speakers who have signed up to speak; that individuals who have signed up to speak indicated one individual could make a 15-minute statement on behalf of twelve others, who are willing to forego their time; that the other individuals who signed up to speak would have three minutes. Commissioner Martin stated that the suggestion is supported. Mayor Mason stated that hearing the Commission's agreement, the first speaker will be allowed 15 minutes to speak on behalf of himself and others; that the others who have signed up to speak will have three minutes. The following people came before the Commission: Michael Shelton, 426 Partridge Circle (34236), Attorney, and six- year City resident, stated that as a preliminary matter, the St. Petersburg code provisions were adopted by ordinance and are not part of the Charter; that information concerning the St. Petersburg code will be provided to the Commission and the City Attorney in the future; and continued that this community is considered home; that living in the community is a privilege; that additionally, being a member of the City's Planning Board/Local Planning Agency (PBLP) is an honor and a privilege; that comments are offered as an individual citizen but also represent the views of the community-at-large, that concerns were raised after reading the minutes of the May 1, 2002, Workshop, specifically of the mechanics of the review of the proposed amendments to the City Charter and the issues raised; that the concern is the Commission is unnecessarily clouding the issues sO the original objectives are not achieved. Attorney Shelton continued that information concerning the amendment as originally proposed and as adopted by the Charter Review Committee will be presented; that the non-discrimination proposal recommended by the Charter Review Committee is a broad and all-encompassing statement that discrimination in any form, shape, or manner should not be tolerated; that two sensitive words, "sexual" and "orientation, I were included; that neither the attendance nor the interest at the Commission meeting would have been as high if the two words were not included in the recommendation; that the City should recognize that individuals of all sexual orientation are part of the community; that the City should enter the 21st Century regarding the issue of non- discrimination based on sexual orientation; that the City Attorney previously indicated the City should not necessarily be at the forefront of the issue, which was appalling and indicated a lack of knowledge of the issue, of current-day America, and of the local community, the state, the country, and the world; that the recommended language is not cutting edge; that the statistics previously supplied to the Charter Review Committee and the Commission indicate hundreds of communities throughout the country have adopted ordinances, charter amendments, and constitutional amendments supporting the concepts presented in the proposed amendment to the City Charter. Attorney Shelton further stated that critics have raised several objections, none of which will withstand any test; that one objection that is gays and lesbians should not be afforded special privileges; that special privileges are not being requested; that all citizens who work, live, and pay taxes in the City should be afforded the same dignity, rights, and benefits afforded to every other citizen in the City; that the concern is not a lack of support by the Commission but rather the Commission is being inundated with procedural matters; that placing the language in a preamble to the City Charter is a statement of policy only; that a statement of policy has no force and effect if enforcement provisions are not provided; that a preamble in a constitution is not law but rather a goal toward which to strive; that the hope is to end discrimination at all levels; that the concern is if the Commission will follow through and create the mechanism within City government to enforce any Charter provision; that nothing of significance will be accomplished until the enforcement mechanisms are created; that the enforceability of Charter provisions without enforcement mechanisms is a concern; that at least a private cause of action would be created, allowing individuals harmed by violations to seek redress through the Court system; that a number of attorneys are available to take discrimination cases, which can be very profitable; that discrimination cases are a fact of daily BOOK 52 Page 23454 07/01/02 6:00 P.M. BOOK 52 Page 23455 07/01/02 6:00 P.M. life; that anyone afraid of discrimination litigation need only review one's own conduct. Attorney Shelton stated further that statistics from a June 2001 Gallop Poll indicate 85 percent of the population believes homosexuals should have equal rights in terms of opportunities, and 11 percent do not; that the City should provide protection against the 11 percent of the population who do not support equal rights; that the 11 percent of the population are the most violent, the most mean-spirited, and the focus of the recommended amendment to the City Charter; that protection is not required from the 85 percent majority but rather the 11 percent minority; that a June 2001 Harris Poll indicates 61 percent of the population favored legislation prohibiting discrimination based on sexual preference in the workplace; that 45 percent assumed legislation was already in place, which is dismaying; that no Federal or State legislation prohibits discrimination based on sexual orientation; that the City should be bold and step into the forefront; that supporters exist at the Federal level; that Federal legislation has been introduced to amend Title VII of the Civil Rights Act of 1964 to specifically include sexual orientation as a discrimination factor in employment, promotion, transfer, etc., in the workplace; that the hope is the proposed Federal legislation will passi that a proposal entitled the Non- Discrimination in Employment Act has been under consideration for six years; that each year, the proposal has passed the US Senate but died in the US House of Representatives; that the anticipation was for passage in the US House of Representatives this year; however, the hope died with the events of September 11, 2001, which established other Federal priorities; that the City should not wait for the Federal government to act and take the right action; that neither the Federal, State, or County governments nor the Courts have taken action regarding discrimination based on sexual orientation; that the local elected officials should protect the rights of each member of the community. Attorney Shelton continued that the City is not a center for discrimination and hatred; that the City is personally loved; that the Commission is comprised of his elected representatives and is being requested to adopt non-discrimination as a policy and as a matter of principle; that a strong policy statement should be adopted indicating Sarasota, the City of arts, the City of liberal causes, and the City of human rights stands tall and proud, will not tolerate discrimination, and has a mechanism to enforce the policy; that adopting a policy statement without enforcement mechanisms will diminish the importance of prohibitions against discrimination and would be an insult; that the Commission is strongly urged to create a human rights commission, which is necessary to protect the rights of the weaker members of society who may be victims of different types of discrimination; that the victims of discrimination have all types of problems, including disability, lower economic status, etc.; that people who have had a charmed life do not require protection; however, many members of the community require the recommended protections; that the City should adopt ordlieriaination/umn rights language in the Charter and quickly thereafter adopt legislation to enforce the language; that the language in the IMLA model ordinance is excellent and is supported; that enforcement provisions should not be costly; that many members of the community would be willing to serve on or assist with a human rights commission; that the City will not likely be overwhelmed with cases; however, the types of cases may be shocking. April Sheffield, 1239 18th Street (34234), six-year City resident, stated that as an African American, a sense of racial discrimination has been experienced in the City but does not affect the desire to live in the City she loves; that in 1997 as an Intake Case Manager with the Department of Juvenile Justice, a position requiring her education and background, she experienced racial discrimination for the nine months during her employment; that co-workers played antagonizing games; that an office key was not provided to her but was provided to white co-workers; that the only broken computer was assigned to her; that a caseload of 92 children was assigned compared to a caseload of 34 to 38 maximum for white co-workers; that after the election of Jeb Bush as Governor of the State, 1,000 State employees were laid off; that the decision as to layoff was between a white co-worker who was 24 years old and herself; that two supervisors supported her work; that a caseload of 90 and above was willingly and successfully carried by working additional hours; that she was the first African American representative for the Department of Juvenile Justice for District 8 of Sarasota County; that nevertheless, the Department of Juvenile Justice laid her off. Ms. Sheffield continued that the reason given for the layoff was a secretary to the Director of the Department of Juvenile Justice, who referred to her using a derogatory racial slur, referenced her as being over-educated, and did not like her; that office tension existed due to her success and being ranked second in an audit of cases in District 8; that the layoff was accepted; that local assistance was not available; therefore, a claim was filed with the Equal Employment Opportunity Commission (EEOC); that a right- BOOK 52 Page 23456 07/01/02 6:00 P.M. BOOK 52 Page 23457 07/01/02 6:00 P.M. to-sue letter was issued; that the case went to mediation and was amicably settled; that the Department of Juvenile Justice offered her the position back; however, the offer was declined due to the possibility of retaliation; that the City should adopt a non- discrimination/human rights amendment to the City Charter; that the City has much to offer; that the importance of diversity will be promoted. Ken Shelin, 770 South Palm Avenue (34236), stated that he is a resident, elector, senior citizen, US Army veteran, a proud and active City citizen, and proudly serves the City as Chair of the PBLP; that placing a referendum question on the November 5, 2002, ballot to incorporate language in the City Charter prohibiting discrimination on the basis of age, race, gender, religion, national origin, handicap, sexual orientation, or veteran status is strongly encouraged; that the Charter Review Committee unequivocally recommended the prohibition be included in the City Charter; that subsequently, the discussion at the Commission table has been disturbing due to the focus on: 1) redundancy of non- discrimination language at other levels of government, 2) the cost of enforcement, and 3) the inappropriateness of such prohibition in the City Charter. Mr. Shelin continued that a question is if a policy declaration of non-discrimination or a specific prohibition against discrimination should be included in the City Charter; that the US Constitution and the Bill of Rights should not be forgotten; that the Bill of Rights came into existence as the Founding Fathers quickly recognized the US Constitution, ratified in 1787, was not adequate to protect the essential rights of citizens; that James Madison introduced a proposal to amend the US Constitution in 1789; that the Bill of Rights of ten amendments was ratified by the States in 1791; that the Bill of Rights and subsequent amendments include specific prohibitions against behaviors which diminish the human rights of citizens including slavery, race, and color among others; that the prohibitions were included in the US Constitution to ensure enforceability; that the same is true of the City Charter. Mr. Shelin further stated that a policy statement does not have the force and effect of law and would only demonstrate less than complete support for anti-discrimination at all levels; that the powers of the Federal and State governments are separate; that a war was fought over the separation of powers between the Federal and State governments; that Federal and State prohibitions against discrimination are limited by the jurisdictions of the institutions and do not create redundancy at other levels of government; that his grandmother was an indentured servant in the Commonwealth of Virginia as a teenager; that the Constitutional prohibition against involuntary servitude in the 13th Amendment did not provide protection due to the lack of Federal jurisdiction in domestic situations; that a prohibition against discrimination affecting human rights is necessary in the City to eliminate segregation and polarization. Mr. Shelin stated further that costs should not be a factor in considering basic human rights; that a price tag should not be placed on the most fundamental protections for which the country has fought, stood for, and pursued around the world for others for 225 yearsi that the City should demonstrate human rights are respected, protected, and cherished; that the recommended language is as simple and easy as the language in the 13th Amendment to the US Constitution; that the language should be placed on the November 2002 ballot sO the voters can decide. Cici Cuevas Mitchell, P.O. Box 25812 (34277), six-year City resident, stated that the City is a beautiful place in which to live; that living in the City has been an enlightening experience; that she is a former nurse with the US Marines and served in the Republic of Vietnam; that she attended Summit Committee meetings in Denmark as well as in Maroneck, New York, with former President Bill and First Lady Hillary Clinton in attendance; that due to her Hispanic ethnicity, she was requested to speak regarding the topic of discrimination; that like all other races, Hispanics experience discrimination. Ms. Mitchell continued that ending discrimination is imperative; that an abundance of suffering exists in the 21st Century; that all people of all creeds including a personal family member suffered as a result of the terrorist attack on the World Trade Center on September 11, 2001; that discrimination has played a large part in her life; that for the City not to have a City Charter with protections for citizens of all nationalities and cultures is disturbing; that the Commission has a responsibility to ensure discrimination ends; that Dr. Martin Luther King, Jr., suffered and died for equal rights and the end of discrimination; that while visiting Pearl Harbor and reflecting on the individuals close to her who served in World War II, an awareness is discrimination existed and continues to exist; that some City citizens are not strong enough to come before the Commission but should, nevertheless, be afforded equal rights; that discrimination, particularly in the area of housing and against BOOK 52 Page 23458 07/01/02 6:00 P.M. BOOK 52 Page 23459 07/01/02 6:00 P.M. persons with disabilities, should end; that working is impossible due to war disabilities, diabetes, heart problems and asthma; that the City with all its diversity should take the lead concerning non-discrimination. Estelle Thomas, 7622 LaSalle Avenue, Los Angeles, California (90047), stated that she recently retired from the Los Angeles County Sheriff's Department with 35 years of service and is coming before the Commission representing herself and others belonging to the Metropolitan Community Church (MCC) Church of the Trinity, pastored by the Reverend Elder Nancy Wilson; that the support of laws prohibiting the abuse of employment of underage children and abuse of the elderly is appreciated; that the Commission is being requested to continue to serve with excellence and pride by adopting. a zero tolerance of discrimination against gay, transgendered, and bisexual individuals who are generally hard working, taxpaying, law-abiding citizens; that the Commission is being requested to provide prayer and fairness while considering the action which must be taken regarding discrimination; that homophobia must be eliminated; that the citizens of the community should move forward as sisters and brothers serving each other. Reverend Jim Merritt, 5013 Bay Shore Road (34234), that he also represents the Pastor from MCC Church of the Trinity, the Reverend Elder Nancy Wilson; that a year ago, one of the first meetings of the Charter Review Committee was attended and anti-discrimination language was personally presented; that supporters understood the journey would be long and tedious; that addressing the Commission on the same subject approximately one year later was not anticipated; that the Charter Review Committee was told the community was ready for language prohibiting all forms of discrimination against its citizens and the anti-discrimination language should be put forth in a strong and powerful manner with enforcement provisions having the force of law; that discrimination should not be addressed in a weak policy statement without adequate enforcement; that a weak policy statement is not good enough for the white, black, Hispanic, Asian, Indian, gay, straight, Christian, Moslem, Hindu, handicapped or veteran citizens of the City; that the dream of Dr. Martin Luther King, Jr., is recalled; and quoted Dr. Martin Luther King, Jr., as follows: We have come too far to turn back now. Reverend Merritt continued that the supporters of the non- discrimination language will not turn back and have come to the Commission with very strong feelings; that the Commission is requested to vote to support an amendment to the City Charter which will provide the force of law and the ability to hold persons who discriminate personally responsible; that the City should not be responsible for the actions of citizens; that each individual should carry personal responsibility; that the City should provide the mechanism to hold people who discriminate responsible and to reward people who take the right actions; that the Commission is urged to vote for an amendment which has power and strength and guarantees fairness, justice, and equality for all the City's citizens; that taking any less action would be a disgrace; that finding a softer way is always easyi that the consequences for taking the easier and softer way are great and grave; that each Commissioner is requested to stand, be counted, and take the right action for all citizens of the community; that a strong amendment to the City Charter indicating discrimination will not be tolerated and everyone will be treated in an equal and fair manner should be adopted as an indication justice is at the heart of the City. Debbie Roginski, P.0. Box 25474 (34277), Executor Director of AIDS Manasota, Inc., stated that she is in attendance as her clients cannot due to the discrimination against individuals who are HIV positive; that AIDS Manasota, Inc., sends clients information in plain envelops so neighbors cannot determine the source of the information; that telephone calls to clients are blocked to protect clients against discrimination; that citizens who are HIV positive face discrimination in employment, housing, and in every facet of life; that many people who are HIV positive live in the City and County due to the many services available; that individuals using the services must often live in the City due to a lack of transportation to reach services; that the Commission should show support of their choice to live in the City by enacting legislation protecting these individuals against discrimination; that many substantial cases in support of placing the recommended amendment on the November 2002 ballot have been presented to the Commission; that the Commission is strongly urged to place the recommended amendment for anti-discrimination on the ballot for the voters to decide; that some have indicated any prohibition should be adopted at the Federal level; however, action should be taken at the local level without waiting for action at the Federal level; that the first change must be in the local communities; that non-discrimination provisions should be at all levels of government; that the Commission is urged to place the amendment before the voters for a decision. BOOK 52 Page 23460 07/01/02 6:00 P.M. BOOK 52 Page 23461 07/01/02 6:00 P.M. Commissioner Servian stated that a number of individuals spoke, many of whom had very compelling stories; that the concept which resonates most deeply is the elected officials sitting on the Commission have not just the right but the duty to protect all the citizens in the community; therefore, nothing less than placing the amendment concerning non-discrimination/human rights on the ballot sO the City's citizens can make the decision will be supported. Commissioner Martin stated that additional research may be required to determine the type of language to incorporate into the City Charter; that the Charter Review Committee suggested certain language; that a personal determination cannot be made as to if the language suggested by the Charter Review Committee is the appropriate language; that additional research of language utilized by other communities is desired; that placing the issue of language concerning non-discrimination/human rights before the voters is supported and has always been supported; that the position of placing the issue before the voters is unequivocal; however, questions as to the appropriate language to put before the voters remain; that other issues must be addressed depending on the outcome of the referendum in November 2002. City Attorney Taylor stated that adequate time is available to provide suggested language sO the Commission can decide the specific language to include on the ballot. Mayor Mason stated that the non-discrimination/human rights language should be incorporated in the City Charter; that presenting a referendum including non-discrimination/human rights language to. the voters is strongly supported; however, including the language in the City Charter will not make much sense without enforcement provisions; that she was born in the City at a time the community was very separate; that discrimination is still experienced, which is not a good feeling; that as an elected official and policy maker for the City, legislation protecting the freedoms and rights of everyone will be supported. Vice Mayor Palmer stated that great respect is held for everyone who spoke; however, some issues require response; that assuming a non-discrimination/human rights provision is passed by the voters, enforcement legislation will be required; that she does not have some of the information from other communities which has been obtained by members of the public; that questions will be posed to the City Attorney; however, members of the public may have pertinent information and could provide assistance as well; that the Federal and State governments have passed legislation regarding a number of the areas included in the non- discrimination/human rights language proposed for the Commission's consideration; and asked if a case involving racial discrimination, for example, will come before the City rather than State or Federal agencies? City Attorney Taylor stated that at least one jurisdiction has a provision in the enabling legislation indicating an opportunity is not available at the local level if a remedy has been pursued through the State or Federal agencies; that the Vice Mayor has a number of specific questions; however, a response cannot be provided to all the questions at this time; that the City will develop provisions specific to the City; that for example, deciding of methods to handle multiple complaints may be required; that one issue is the level of detail incorporated in the enabling legislation; that statutes of some jurisdictions apply to public employment as well as private employment; that the City already has provisions pending concerning City employment; that the City has not previously been in the business of legislating private employment; that the questions posed by the Vice Mayor will require research and a report back. Vice Mayor Palmer stated that the issues will be presented as some of the public speakers may be able to provide additional information; and referred to the Editor's Commentary of the IMLA model ordinance as follows: I.B. Why Have Local Anti-Discrimination Ordinances? Given that many discriminatory practices are prohibited by federal and state law, the question of the advantages of a local human rights ordinance arises. Having a local, rather than a state or federal agency, handle discrimination claims has several comparative advantages. Vice Mayor Palmer asked for clarification as the comment appears to indicate the City may be responsible for handling cases which are violations of State and Federal law. City Attorney Taylor stated that the City cannot preempt the Federal government in terms of civil rights violations. Vice Mayor Palmer stated that the question is the original jurisdiction of any claim. BOOK 52 Page 23462 07/01/02 6:00 P.M. BOOK 52 Page 23463 07/01/02 6:00 P.M. City Attorney Taylor stated that any legislation enacted by the City becomes an ordinance of the Cityi that the City has jurisdiction to enforce its ordinances; that similar laws may exist at other levels of government; however, the City has the right of enforcement unless the subject has been preempted by the US Constitution or specific State legislation; that for example, the City has the right to legislate on any subject in the absence of specific prohibitions under home rule; that the enforcement techniques are those of a municipal ordinance, often with the same penalties for violations of other ordinances or the ability to obtain injunctive relief in an appropriate circumstance. Vice Mayor Palmer asked if the City would have jurisdiction over other governmental entities, for example, concerning discrimination in the workplace? City Attorney Taylor stated that providing a response to the question is difficult; that responses can be provided; however, additional research is necessary. Vice Mayor Palmer stated that another question concerns discrimination in favor of rather than against individuals in a protected category, i.e., senior citizens, students, ladies discounts, veterans' rights, bonus provisions for minority contractors in the City's bidding procedures. City Attorney Taylor stated that any ordinance can be reviewed from a number of perspectives, i.e., valid classes, the furtherance of the public health, safety, and welfare, etc.; that the issue is if the special treatment is the subject the ordinance was designed to address, which is a question of administration of the law; that the City will not address a complaint regarding special treatment if special treatment is not the focus of the prohibition; that for example, veterans' preferences are granted by Federal law; that the City does not automatically prosecute every complaint brought forward; that discretion in the application of the law is required. Vice Mayor Palmer referred to the IMLA model ordinance as follows: Section 12-105, Exemptions, (f) Employer Rules Based on Marital Status: Notwithstanding the prohibition against employment discrimination on the basis of marital status under Section 12-104 (b), an employer may, without violating this Ordinance, provide greater health and retirement benefits to employees who have a legal spouse or dependent children than are provided to other employees, and may enact and enforce reasonable anti-nepotism and anti-fraternization policies. Vice Mayor Palmer stated that the provision goes against the concept of mon-discrimination as a level of discrimination exists if different benefits are provided different groups of employees; and asked the underlying circumstances granting the rights? City Attorney Taylor stated that the non-discrimination/human rights provision does not implement an employment practice or standard but is rather designed to address discrimination in the administration of the City's pay plans for example. Vice Mayor Palmer asked if the existence of different standards would be considered discrimination? City Attorney Taylor stated that ordinances are defended on the basis of the valid, legitimate purposes upon which the ordinance was enacted. Commissioner Servian stated that the discussion should involve the proposed amendment to the City Charter and the decision to place a proposed amendment on the ballot sO the voters can decide; that once the amendment passes, the Commission can be concerned about the implementing legislation; that discussing the implementing legislation is pointless if the amendment is not placed on the ballot or the amendment does not pass; that the focus should be on the proposed amendment to the City Charter; that ballot language should be finalized, after which implementing legislation can be discussed. Commissioner Quillin stated that a Task Force will be proposed if placing the non-discrimination/human rights amendment on the ballot is approved; that the Task Force can consider the creation of a human rights commission and can start working immediately; that the anticipation is a moadlserisintio/iumn rights amendment will be passed as a policy statement but not as an article in the City Charter; that she worked hard to have the language in the City's Personnel Rules and Regulations changed; that the City cannot legislate an employer must supply insurance, which is governed by Federal regulations; that an ordinance should be tailored for the City; that a vote should be taken to place an amendment on the ballot; that a motion will be then be made to create a Task Force; that the City should have a Task Force BOOK 52 Page 23464 07/01/02 6:00 P.M. BOOK 52 Page 23465 07/01/02 6:00 P.M. whether the amendment passes or not; that a cost will be involved for the City; that the County should be involved sO enabling legislation could be enacted throughout the County; that the Florida League of Cities could also become involved; that many concerns are presented; that answers will not be provided until a Task Force considers the many issues and reports back; that the language of the St. Petersburg code may not be entirely acceptable. Mayor Mason stated that the item is under Unfinished Business and asked the desired action by the Commission? City Attorney Taylor stated that the Commission was presented with the six areas of the City Charter previously discussed as follows: Item 1: Penalties for Charter Violations by Commissioners Item 2: Authority to Sign City Contracts Item 3: Annual budget = City Auditor and Clerk and City Attorney Item 4: Calculation of "Majority Voter Support" Item 5: Procedures related to Charter Amendments Item 6: Non-discrimination/Human Rights Language City Attorney Taylor stated that the Commission decided not to move forward concerning Item 1; that language was presented and presumably acceptable for Items 2 though 5; therefore, the remaining issue is Item 6, which has been the subject of most of the discussion at this time; that additional examples can be presented for Commission consideration or the Commission can approve language already presented. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to direct the City Attorney to return appropriate language in an ordinance for the five areas of the City Charter discussed for the Commission's approval for the November 2002 ballot. Commissioner Quillin stated that some of the language has already been accepted. Vice Mayor Palmer stated that legitimate issues should be considered; that some questions were raised; that some of the issues and questions raised will be of concern to the community; that fiscal implications are presented; that other communities have non-discrimination/human rights ordinances and have created administration mechanisms; that some idea as to the cost should be presented; that the question of cost will be raised; that personal concerns are being presented for discussion; that the question should be placed on the ballot for the voters to decide; that nevertheless, the concerns should be addressed. Commissioner Servian stated that one alternative presented by the City Attorney for non-discrimination/human rights language should be the language recommended unanimously by the Charter Review Committee; that the language is succinct and indicates exactly the intent of the Commission; and quoted the language proposed by the Charter Review Committee as follows: Discrimination on the basis of age, race, gender, religion, national origin, disability, Veterans' status and sexual orientation in the areas of housing, employment and public accommodation shall be prohibited in the City. Commissioner Servian stated that the language is plain, simple, and straightforward. Commissioner Martin stated that the only personal question is the language for an amendment concerning non- discrimination/human rights; that the language for the other four issues has been presented and could be approved or critiqued; that the suggestion is to amend the motion to accept the amendment language presented by the City Attorney for Items 2 through 5, and to return options for the non- discrimination/human rights amendment. Commissioner Quillin stated that the 75-word maximum ballot question must be developed for each of the proposed amendments; that the City Attorney can return the ballot question for each amendment; that the Commission can take action on all items at that time. City Auditor and Clerk Robinson stated that an ordinance including the ballot questions for Items 2 through 5 will be prepared with any additional language required for the ballot; that several options will be presented concerning the language for the non-discrimination/human rights amendment. City Attorney Taylor stated that the Commission will select the language for the mo-discrisinationsn rights amendment, after which an ordinance will be set for public hearing. Commissioner Quillin stated that the anticipation in the motion was the ballot summaries would be presented. BOOK 52 Page 23466 07/01/02 6:00 P.M. BOOK 52 Page 23467 07/01/02 6:00 P.M. City Auditor and Clerk Robinson stated that the Commission's direction is understood. Commissioner Servian asked if the expectation is the language concerning non-discrimination/human rights will be significantly different than the language proposed by the Charter Review Committee? City Attorney Taylor stated that the language proposed by the Charter Review Committee will be one option presented; that the other option is the policy statement from the St. Petersburg code; that the policy statements received from the other jurisdictions will be reviewed to determine if any other language is consistent with the Commission's discussion and should be presented for Commission consideration; that the Commission could make a decision from the options currently presented if desired. Commissioner Quillin stated that the policy statement from the St. Petersburg code is agreeable and goes further than other language presented. Mayor Mason asked the date proposed language will be presented? City Attorney Taylor stated that options can be presented at the July 15, 2002, Regular Commission meeting; but continued that the focus of the debate appears in the City Attorney's Office; that the language should be discussed with the City Manager; that the administrative role in implementing a non- discrimination/human rights amendment has not been explored significantly. Commissioner Servian stated that the St. Petersburg code is a declaration of policy; that the language recommended by the Charter Review Committee is a prohibition; that the phrase "shall be prohibited" in the language recommended by the Charter Review Committee is lacking from the St. Petersburg code which instead references a general purpose. Commissioner Quillin stated that the implementing legislation can indicate the prohibitions. Vice Mayor Palmer stated that the Charter Review Committee debated the non-discrimination/human rights amendment at length; that Commissioner Servian served on the Charter Review Committee, which voted unanimously to support the recommended language; that the Commission should put the language recommended by the Charter Review Committee to the voters unless legal impediments exist; that significant discussion is not necessary. Commissioner Servian stated that all ten Charter Review Committee members voted in favor of the recommended language. Mayor Mason requested that City Auditor and Clerk Robinson restate the motion. City Auditor and Clerk Robinson restated the motion as to return ballot language for Items 2 through 6. Vice Mayor Palmer stated that the understanding was the suggestion concerning accepting the language for Items 2 through 5 was agreeable and asked for clarification. Commissioner Quillin stated that the language for all five items will be returned as a ballot question. City Auditor and Clerk Robinson stated that the presentation will be an introduction of an ordinance. 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. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to establish a Task Force to examine and recommend the need for the following: 1. an ordinance prohibiting discrimination 2. the establishment of a human rights commission or other named entity to enforce any ordinance recommended by the Task Force and approved by the Commission Commissioner Quillin stated that numerous questions have been presented; that personal questions exist concerning enforcement; that a Task Force should be established to consider methods by which the City can address all the related issues; that the Task Force can make recommendations regarding implementation and the specific ordinances required to assure the City has zero tolerance for discrimination. BOOK 52 Page 23468 07/01/02 6:00 P.M. BOOK 52 Page 23469 07/01/02 6:00 P.M. Vice Mayor Palmer stated that the Task Force would be making recommendations based on the passage of the ballot question. Commissioner Quillin stated no; that passage of the ballot question is not required; that the City should have a Task Force; that people in the community have been the victims of discrimination. City Manager McNees stated that the unintended consequences are not known; that the Commission has made a significant step by agreeing to go to the voters with an amendment to the City Charter; that recommending the Commission establish a Task Force at this time is difficult as the ballot question may be clouded by the advance development of implementing ordinances; that the next step should be carefully considered; that the Administration must manage the procedural matters once a policy statement is adopted; that the concern is leaping forward too quickly. Commissioner Martin stated that understanding a method by which to proceed with the motion is unclear; that the motion cannot be supported at this time; that the City Code has language relating to a Community Relations Board, which is a factor; that the Citizens' Advisory Committee for the Office of Housing and Community Development is currently addressing fair housing; that a group which developed from the SOAR initiative has been in contact with the Florida Human Rights Commission; that several different initiatives are in progress; that the amendment to the City Charter will be presented to the voters in November 2002; that defining a Task Force and identifying a charge for the Task Force is premature, at least personally at this time; that the motion is interesting but cannot be supported at this time. Vice Mayor Palmer agreed; and stated that the concept is to put the amendment to the City Charter before the voters and let the voters decide; that if the amendment to the City Charter is approved by the voters, implementing ordinances should be considered; that members of the public can review the various language presented and provide feedback; that a formalized Task Force may not be necessary at this time; that significant input will be required from members of the public who understand the many issues involved once the ballot question is approved by the voters; that the preference is to wait to establish a Task Force until after the referendum; that the position of the City Manager is supported. Mayor Mason stated that the position of the City Manager is also supported; and requested that the Sarasota County branch of the N.A.A.C.P (National Association for the Advancement of Colored People) be added to the mailing list. City Auditor and Clerk Robinson stated that the N.A.A.C.P. was already added to the mailing list. Commissioner Quillin stated that the entire Commission recognizes non-discrimination/human rights language should be included either in the City Charter or in an ordinance; that the City has established Task Forces in the past to consider issues and report back with recommendations; that the referendum will be held in four months; that many questions are presented; that ordieriainationan rights language should be adopted whether passed by the voters or not; that the surprise is to still be fighting for the rights of women for equal pay at this time; that Sarasota is her home town; that the City should have zero tolerance for discrimination; that excellent people in the community are concerned about the effects of discrimination and could be requested to review the various ordinances and make recommendations; that the St. Petersburg code does not fit Sarasota; that waiting until after the November 2002 is not supported; that establishing a Task Force is important; that fighting discrimination should not be necessary at this time; that every Commissioner had heard stories of discrimination in housing, employment, etc.; that a Task Force could help provide answers and develop ordinances to address specific concerns; that establishing a Task Force immediately is preferred; that the sorrow is the rest of the Commission is not supportive. Commissioner Servian stated that the understanding of the motion and the reason for seconding the motion was not for the Task Force to write an ordinance. Commissioner Quillin stated that the Task Force will not be writing the ordinance. Commissioner Servian stated that the understanding was the Task Force would consider the various issues and make recommendations to the Administration and the Commission as to future actions; therefore, establishing a Task Force now is supported sO a mechanism is already determined at the time the amendment is passed in November 2002 and time is not lost. BOOK 52 Page 23470 07/01/02 6:00 P.M. BOOK 52 Page 23471 07/01/02 6:00 P.M. Vice Mayor Palmer stated that the motion specifies ordinances. Commissioner Quillin stated that the motion is to examine and recommend to the Commission; that the Task Force will not be writing ordinances; that the Task Force could be reviewing ordinances from other jurisdictions, deciding which ordinances to recommend to the Commission, deciding if to recommend a human rights commission, etc.; that the City should have a non- discrimination/human rights provision in the City Code or the City Charter; that the policy statement has been made in the City's proposed Personnel Rules and Regulations for City employees; that the policy statement should also be made for the community. Mayor Mason called for a vote on the motion. Motion failed (3 to 2): Martin, no; Palmer, no; Quillin, yesi Servian, yes; Mason, no. 12. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THREE AGREEMENTS BETWEEN THE CITY OF SARASOTA AND PCL CIVIL CONSTRUCTORS, INC. L RELATIVE TO THE RINGLING BRIDGE PROJECT WITH THE UNDERSTANDING THAT THE SAPRITO PIER REPAIR AGREEMENT IS CONDITIONALLY APPROVED SUBJECT TO THE AVAILABILITY OF PENNY SALES TAX FUNDING; ETC. APPROVED THE THREE AGREEMENTS WITH PCL CIVIL CONTRACTORS, INC. WITH THE UNDERSTANDING THE TONY SAPRITO FISHING PIER REPAIR AGREEMENT IS APPROVED CONDITIONED ON THE AVAILABILITY OF L.O.S.T. FUNDING WHICH WILL BE PRESENTED AT THE JULY 15, 2002, REGULAR COMMISSION MEETING (AGENDA ITEM VII-3) CD 9:26 through 9:47 Dale Haas, P.E., Technical Services Division Manager, Public Works Department, came before the Commission and stated that three proposed agreements between the City and PCL Civil Contractors, Inc. (PCL), regarding the John Ringling Causeway Bridge Project are presented as follows: 1. Landscaping Funding Agreement Mr. Haas stated that the Florida Department of Transportation (FDOT) funded $795,000 for landscaping for the John Ringling Causeway Bridge Project $150,000 of which has already been distributed by PCL to the City; that a contract exists between FDOT and PCL to provide a basic level of landscaping for the John Ringling Causeway Bridge Project; that the City, FDOT, and PCL have agreed to transfer the remaining for the basic landscaping costs from PCL to the City, allowing the construction of two public waterfront parks and the enhancement of landscaping and park amenities at each end of the new John Ringling Causeway Bridge; that the estimated cost of the project is $1.5 million; that execution of the proposed agreement will provide $795,000 of the project cost; that the City has received a gift of $200,000 from Gilbert Waters toward the project; that $315,000 in the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax, is proposed in the fiscal year (FY) 2002/03 Capital Improvement Program (CIP), and can be coupled with the $795,000 transfer and the $200,000 gift to leverage potential grant funding sources to develop the funding necessary to meet the estimated $1.5 million project cost. Mr. Haas continued that a Request for Proposal (RFP) is pending for a landscaping architect to design the landscaping project; that the Bird Key Improvement Association is interested in coordinating the landscaping project with the redesign of the front entrance to Bird Key; that the selected landscaping architect will further refine the plans for the landscaping project; that the City will continue the landscaping effort at the end of the PCL contracti that the FDOT landscaping plans provide for a boat-launching facility on the southeast side of the new John Ringling Causeway Bridge; however, the boat- launching facility is not included in the conceptual landscaping plans with PCL due to inadequate space for parking of boats and trailers; that a nice facility currently exists at Centennial Park for launching boats; that the Commission has also approved repairs to the boat launch at Ken T'hompson Park; that adequate boat-launching facilities exist in other areas; that a boat- launching facility at the southeast side of the new John Ringling Causeway Bridge would be cumbersome and difficult to maintain; that future additional savings may occur once the City and PCL negotiate the landscaping plans; that a preliminary plan will be brought before the Commission once a landscaping architect is selected. Commissioner Quillin asked if any boat-launching facility will be constructed at the southeast section of the new John Ringling Causeway Bridge near Hart's Landing? Mr. Haas stated that the FDOT plans include a boat-launching facility for the area; however, a review of the area indicated the available space is not sufficient for parking boat trailers; BOOK 52 Page 23472 07/01/02 6:00 P.M. BOOK 52 Page 23473 07/01/02 6:00 P.M. that a parking area for fisherman only will exist once the new John Ringling Causeway Bridge Project is complete. Commissioner Quillin stated that the Commission will have unhappy fishermen if a boat-launching facility is not constructed near Hart's Landing; that fishermen will want to buy bait at Hart's Landing and have the convenience of a boat-launching facility in the same area. Mr. Haas stated that fishermen are currently buying bait and using the boat-launching facility at Hart's Landing. Commissioner Quillin stated that a tradition is for fishermen to buy bait at Hart's Landing and launch boats in the same area; that she has personally bought bait at Hart's Landing and gone out fishing. Mr. Haas stated that smaller crafts are continuing to launch at the Hart's Landing area; that larger crafts currently launch at Centennial Park. Commissioner Quillin agreed; and stated that not allowing parking and launching of a skiff at the Hart's Landing area is a concern; that launching a skiff at Centennial Park is difficult. Mr. Haas stated that further discussion is necessary regarding the Hart's Landing area at the time the preliminary plans are brought before the Commission; however, a review of the conceptual plans indicates adequate space for parking of vehicles with trailers at the area new Hart's Landing is not available; that parking of the trailers rather than launching is the concern. Mayor Mason passed the gavel to Vice Mayor Palmer and left. the Chambers at 9:32 p.m. Commissioner Quillin asked if adequate parking exists on the greenspace near Hart's Landing? Mr. Haas stated that the greenspace will disappear and become sand; that walking areas will tie into the multi-use recreational trail (MURT). Commissioner Quillin stated that boats are launched from the Hart's Landing area now even though adequate parking does not exist; that the Commission approved a boat-launching facility for the area on the John Ringling Causeway Bridge Project plans; that additional parking was added for fishermen at Tony Saprito Fishing Pier. Mr. Haas stated that the FDOT plans indicate one small boat- launching ramp with no additional parking. Commissioner Quillin stated that one small boat-launching ramp is adequate; that smaller crafts do not need a fancy area. Mr. Haas stated that one small boat-launching ramp and other issues and concerns can be discussed once the landscaping architect is selected; that all issues and concerns will be identified and brought before the Commission; and continued that the proposed agreement is to establish a conduit for the funds to flow from FDOT to PCL to the City for the landscaping project. Commissioner Quillin referred to the June 20, 2002, memorandum, to Michael McNees, City Manager from Dale Haas, P.E., Technical Services Division Manager, Public Works Department, included in the Agenda backup material indicating the following: The repair of the pier after the new bridge construction will be difficult because the new bridge overhangs the existing damaged pier sections.. Commissioner Quillin asked if the Tony Saprito Fishing Pier will be redesigned to avoid future difficulties with repairs if damage occurs? Mr. Haas stated that the difficulties surrounding the Tony Saprito Fishing Pier repairs will be explained in the presentation of the third agreement. Commissioner Martin stated that the area near Hart's Landing should not become a parking lot for vehicles with boat trailers; that increased greenspace and improved landscaping for pedestrian use are desired. Mr. Haas stated that greenspace and improved landscaping are depicted on the conceptual plans for the area. Commissioner Martin stated that parking for boat trailers will not be provided even though a small boat ramp is indicated on the conceptual plans. BOOK 52 Page 23474 07/01/02 6:00 P.M. BOOK 52 Page 23475 07/01/02 6:00 P.M. Mr. Haas stated that the boat ramp creates a conflict between the two plans; that plans for a nicely landscaped area do not include a boat ramp. Commissioner Martin stated that the question presented is if the area is intended as a park or a boat ramp parking lot. Commissioner Quillin stated that the area is a park for fishermen. Mr. Haas stated that the FDOT plans indicate the construction of a boat ramp which is a conflict; that as construction progresses, the issues and concerns regarding the boat ramp will be brought before the Commission. Commissioner Martin stated that the conflict should be resolved. Vice Mayor Palmer stated that the Mayor is not feeling well and had to leave. Commissioner Quillin stated that the City's parks meet the needs of several types recreational uses; that the use of the southeast area of the new John Ringling Causeway Bridge near Hart's Landing is a tradition; that the public utilizes the area night and day for fishing; that a beautifully landscaped area is appreciated; however, a park for the fishermen is necessary. Vice Mayor Palmer stated that Staff indicated the boat ramp issue will be brought back to the Commission for review. Mr. Haas stated that the proposed agreement will allow the City to acquire the funds to move forward with the landscaping project. Commissioner Martin referred to the June 20, 2002, memorandum, to Michael McNees, City Manager, from Dale Haas, P.E., Technical Services Division Manager, Public Works Department, included in the Agenda backup material and stated that the State historic grant survived the Governor's veto; therefore, funds will be available in the L.0.S.T. extension; and asked the necessary additional funding? Mr. Haas stated that the funding amounts will be explained in the presentation of the third agreement. 2. Agreement for Construction Services Utilities Removal Mr. Haas stated that the City removed a water main and a sanitary sewer force main to accommodate the new John Ringling Causeway Bridge construction; that FDOT requires all abandoned utilities within FDOT's rights-of-way be removed at the owner's expense; that the abandoned utilities are under the approaches to the existing bridge; that having PCL remove the pipelines at the same time as the approaches to the bridge is more cost effective than hiring an outside contractor to accomplish the work; that 730,038 lineal feet of pipe 14 and 16 inches in diameter are involved; that much of the pipe is asbestos cement, which requires special handling and disposal; that the removal cost is $401,065 which is already budgeted in the Water Utility Renewal, Replacement and Improvement (RR&I) Fund. Commissioner Servian asked if PCL has the proper mechanisms to mitigate removal of the asbestos pipes? Mr. Haas stated that PCL has a subcontractor who specializes in the removal of asbestos. 3. Agreement for Construction Services Tony Saprito Fishing Pier Repair Mr. Haas stated that several storms over the years have damaged the Tony Saprito Fishing Pier; that the pier is open; however, a section of the pier is unsafe for use and barricaded to prevent public access; that a temporary walkway is in place to the safe section of the pier; that the damaged pier section should be repaired at the same time as the bridge project and the park/landscaping project; that repairing the pier in the future will be difficult due to the construction of the John Ringling Causeway Bridge. Mr. Haas continued that discussions were held with the Southwest Florida Water Management District (SWFWMD) regarding potential realignment of the pier; that SWFWMD indicated several requirements must be met for a realignment of the pier; that Staff determined the best and most cost effective solution is to repair the pier in the current location; that Staff can research a realignment possibility in the future if additional repairs become necessary; that PCL agreed to repair the pier during the construction of the new bridge at a cost of $439,000; that $335,875 is budgeted in the L.0.S.T.; however, an additional amount of $103,125 is required for the repair; that Finance BOOK 52 Page 23476 07/01/02 6:00 P.M. BOOK 52 Page 23477 07/01/02 6:00 P.M. Staff is assisting by preparing a special appropriation for additional funding from the L.O.S.T which will be presented at the July 15, 2002, Regular Commission meeting; that the third agreement is contingent on the approval of the special appropriation. Vice Mayor Palmer referred to the June 20, 2002, memorandum as follows: These funds.. will be used to leverage potential grant funding sources to develop the funding needs to meet the estimated $1.5 million project cost. Vice Mayor Palmer stated that matching funds should be sought even if a special appropriation is approved. Mr. Haas stated that leveraging potential grant funding sources are related to the first agreement rather than the third agreement; that highway beautification grants will be sought for the landscape architect and the park/landscaping project; that the $795,000 can be utilized as leverage for additional grant funding to obtain the entire $1.5 million required for the park/landscaping project. Commissioner Quillin stated that a special emergency appropriation to fund the damage to the Tony Saprito Fishing Pier was approved last year. Mr. Haas stated that emergency measures for the pier did occur; that the City changed the contact with the repair contractor and moved the repair contractor from one project to another project; that FDOT turned over the right-of-way for the pier area to PCL at the same time; that once the right-of-way was under the control of PCL, the City's repair contractor realized the insurance company could not cover PCL at the same job site; that PCL was also concerned about having the City's repair contractor at the job site; that having two contractors at the same job site is difficult; that the City's repair contractor requested the contract with the City be rescinded to allow the City to deal directly with PCL regarding repairs to the Tony Saprito Fishing Pier. Commissioner Quillin stated that the recission of the contact should have been brought before the Commission; that the appearance was repairs had begun then ceased. Mr. Haas stated that he was of the understanding was recission of the contract came before the Commission. Commissioner Quillin stated that she has no knowledge of rescinding the contract. Vice Mayor Palmer and Commissioner Martin agreed. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve the three agreements with PCL Civil Contractors, Inc. (PCL), with the understanding the Tony Saprito Fishing Pier Repair Agreement is conditioned on the availability of funding from the Local Option Sales Tax (L.0.S.T) extension, also called the penny sales tax, which will be presented at the July 15, 2002, Regular Commission meeting and to authorize the Mayor and City Auditor and Clerk to execute the same. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Servian, yes. 13. BOARD APPOINTMENTS: APPOINTMENT RE: METROPOLITAN PLANNING ORGANIZATION/S (MPO) TRANSIT POLICY COMMITTEE - APPOINTED COMMISSIONER QUILLIN (AGENDA ITEM IX-1) CD 9:47 through 9:48 City Auditor and Clerk Robinson stated that at the June 17, 2002, Regular Commission meeting, the Commission requested clarification of the membership requirements for appointment to the newly created Transit Policy Committee (TPC) of the Sarasota/Manatee Metropolitan Planning Organization (MPO); that the MPO advised the appointee must be an elected official from each of the eight represented jurisdictions and the governing authority for the Sarasota/Bradenton International Airport (Airport Authority); that additionally, the appointee must be one of the elected officials currently serving on the MPO Board. Vice Mayor Palmer stated that the City's two representatives on the MPO Board are herself and Commissioner Quillin; that Commissioner Quillin has been very involved in transit policy issues; therefore, the appointment of Commissioner Quillin to the TPC is recommended; that hearing no objections, Commissioner Quillin is appointed to the Transit Policy Committee of the Sarasota/Manatee Metropolitan Planning Organization. 14. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 9:48 through 9:50 BOOK 52 Page 23478 07/01/02 6:00 P.M. BOOK 52 Page 23479 07/01/02 6:00 P.M. COMMISSIONER SERVIAN: A. stated that she sits on a subcommittee Task Force of the Economic Development Board (EDB) which will be involved in updating the County's Comprehensive Economic Development Plan (Plan) over the next five years; that a Request for Qualifications for a consultant to assist with the development of the Plan was distributed; that numerous responses were received; that seven respondents were invited to make presentations to the Task Force on August 19 and 20, 2002; that three respondents will be selected to make presentations to the EDB in September 2002; that progress is being made. COMMISSIONER MARTIN: A. stated that he was selected as an at-large member of the Healthy Start Coalition of Sarasota County (Coalition) and will be serving as one of two elected officials on the Coalition. VICE MAYOR PALMER: A. stated that a meeting of the Tourist Development Council is scheduled for July 2, 2002, to review the long-range strategic plans for use of tourist development funds in the community; that a meeting is scheduled for July 3, 2002, to receive public input; that Commissioners are encouraged to share comments or attend the meeting to provide input. 15. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - REFERRED THE BOAT MOORING REGULATIONS TO THE CITY ATTORNEY FOR A REPORT BACK (AGENDA ITEM X) CD 9:50 through 10:06 COMMISSIONER SERVIAN: A. stated that an update of the status of the Lido Pool would be appreciated; that the possibility of obtaining grant funds to renovate the Lido Pool should be explored; that the Sarasota County Health Department has determined the Lido Pool is unsafe, must be upgraded, and cannot be reopened with only normal maintenance; that the City must take some action to reopen the Lido Pool. B. stated that WWSB-TV Channel 40 recently broadcast a report concerning the mooring of boats in Sarasota Bayi that interviews with City Staff, Bayfront residents, and herself were included in the report; that the City has made progress in removing derelict boats from the Bay; that the remaining boats moored in the Bay could be placed under power or sail if necessaryi that the current issue is health; that some boats have not been moved in years, implying the boats have not been taken to appropriate pumping-out facilities; that the City may not have the authority to board the boats; however, the US Coast Guard or some other agency may have the authority to become involved to alleviate the health concerns of people using and living on the Bayfront; that children are wading in the water at the Bayfront in which human waste can be seen. Vice Mayor Palmer stated that having served on the Commission at the time the original regulations were adopted, the intent was not just to address inoperable boats which were moored for more than 72 hours but also live-aboard boats; that an evaluation of the regulations should be provided by the City Attorney's Office; that Commission agreement to refer the boat mooring regulations to the City Attorney for an evaluation would be appreciated. Commissioner Quillin stated that the Sarasota Police Department (SPD) should indicate the problems with enforcement of the current regulations. Vice Mayor Palmer stated that the City Attorney can obtain information from the SPD as necessary for the report. Commissioners Martin and Servian concurred. Vice Mayor Palmer stated that hearing the Commission's consensus, the boat mooring regulations are referred to the City Attorney for a report back. Commissioner Quillin stated that a report concerning the reasons SPD cannot enforce the regulations has been requested for a long time; that the Commission's moving forward with the boat mooring regulations is pleasing; that the SPD previously indicated a certain number of boats were removed from the Bayi that some of the boats were damaged by Tropical Storm Gabrielle; that the City BOOK 52 Page 23480 07/01/02 6:00 P.M. BOOK 52 Page 23481 07/01/02 6:00 P.M. was reimbursed for removal of the damaged boats by the Federal Emergency Management Agency (FEMA); that an accounting of the reimbursement from FEMA would be appreciated; that additionally, information concerning efforts to recover the costs from the boat Owners would be appreciated; that some live-aboards are paying rent to live on the boats to owners who live on Bird Key; that the situation of boat mooring in the Bay is intolerable; that many people living on the boats are renting and do not own the boats. Vice Mayor Palmer asked for comment from the Administration. City Manager McNees stated that approximately 30 disabled or derelict boats, some of which were damaged by Tropical Storm Gabrielle, were removed from the Bayi that a written report was previously provided the Commission. COMMISSIONER MARTIN: A. stated that comments concerning the Sarasota 2050 Plan were prepared by City Staff, distributed to the City Commission, and personally delivered to the Board of County Commissioners (BCC); that a major concern is development east of Interstate (I)-75, particularly the impact on roads; that the County held public hearings concerning the Sarasota 2050 Plan the week of June 24, 2002; that the BCC will be considering the Sarasota 2050 Plan on July 2 and 9, 2002; that the City Commissioners are invited to contact the County Commissioners to express any concerns; that City Staff is of the opinion the concerns regarding development east of I-75 can be addressed more thoroughly in the Sarasota 2050 Plan and made recommendations; that each of the City Commissioners is encouraged to contact the County Commissioners to support City Staff's recommendations. B. stated that a motion made under Agenda Item VII-2 concerning proposed amendments to the City Charter to create a Task Force to consider anti-discrimination language in the City Charter and implementation methods did not pass; that a need for the effort is understood; that personally devoting some thought to a proposed Task Force is necessary, which is the reason for not supporting the creation of a Task Force at this time; that a Commission Workshop could be scheduled in the fallof 2002 if desired to address a proposed charge for a Task Force and any parameters; that a thoughtful discussion would be beneficial. Vice Mayor Palmer stated that a Task Force to consider the ramifications of any proposed ordinance is not opposed; that the concern was the specificity concerning the Task Force in the motion; that a mechanism should be established to respond to questions prior to the referendum to consider proposed changes to the City Charter in November 2002; that her questions may be shared by others; that the concern is the possible development of an ordinance by the Task Force prior to the referendum; that religious discrimination was experienced as a child upon moving to the City; therefore, the concerns regarding discrimination are understood; that being the object of discrimination is not comfortable; that discrimination should not be tolerated in the City; that the personal comments made during Agenda Item VII-2 should not be misunderstood as indicating a lack of support; that responses to some questions are necessaryi; that the community will also have questions. VICE MAYOR PALMER: A. stated that an August 1, 2002, Workshop is scheduled to consider the issue of noise; that inquiries as to the Workshop Agenda and the opportunity for public input have been received; that public concern has been expressed on both sides of the noise issue; that some are of the opinion the noise regulations are too liberal, some too conservative; that a feeling of the community's view of major issues regarding noise should be obtained prior to the Workshop; and asked the Commission's interest in receiving advance public input? Commissioner Martin stated that the public could be invited to submit position papers; that several position papers have already been received; that the Commission could decide to receive public input or hold a public hearing following the Workshop; that the public should be invited to submit written suggestions in advance, which would be constructive; that public input could be solicited following the Workshop to further define a future direction. Commissioner Servian stated that input has been received from people on both sides of the issue, i.e., people believing the regulations are too liberal or too conservative; that the public has been encouraged to submit written comments to the City; that any information received from the public will be shared. BOOK 52 Page 23482 07/01/02 6:00 P.M. BOOK 52 Page 23483 07/01/02 6:00 P.M. Commissioner Quillin stated that the Workshop is an opportunity for the Commissioners who were not on the Commission at the time the current regulations were adopted to receive historical information; that following the adoption of the current regulations, a personal recommendation was made for the Blue Ribbon Committee on Noise to continue meeting and to consider other possible regulations for specific areas most affected such as St. Armands Circle, Downtown, and Dr. Martin Luther King, Jr., Way; however, the then-existing Commission did not support the request; that hopefully, a consideration of noise sensitive areas will develop from the Workshop; that the concern is the current ordinance does not differentiate between areas in the City. Vice Mayor Palmer stated that members of the public could be identified by the Office of the City Auditor and Clerk and requested to provide written information for the Commission's consideration. Commissioner Quillin stated that members of the Blue Ribbon Committee could be contacted, could provide excellent input, and could be invited to the Workshop; that the Blue Ribbon Committee included a cross-section of representatives of various interest groupsi that majority and minority recommendations were submitted by the Blue Ribbon Committee, which was the reason for suggesting the Blue Ribbon Committee continue and determine if noise sensitive areas exist. Vice Mayor Palmer asked the format of the August 1, 2002, Workshop? City Manager McNees stated that the Director of Building, Zoning, and Code Enforcement will determine the format, which is not known at this time; that typically, the issues and the history are presented. 16. OTHER MATTERS/ADMINISTRATIVE OFFICERS - APPROVED THE REQUEST OF THE CITY ATTORNEY TO RECESS THE JULY 8, 2002, SPECIAL COMMISSION MEETING INTO AN ATTORNEY- -CLIENT SESSION TO CONSIDER MATTERS INVOLVED IN LITIGATION (AGENDA ITEM XI) CD 10:06 through 10:07 CITY AUDITOR AND CLERK ROBINSON: A. stated that the ballots for the St. Armands Improvement District are due in the Office of the City Auditor and Clerk by 7 p.m., July 2, 2002; that the ballots will not be opened until 9 a.m., July 8, 2002; that a 2 p.m., July 8, 2002, Special Commission meeting is scheduled for the Commission to consider a resolution certifying the results of the election. City Attorney Taylor stated that a lawsuit concerning the Americans with Disabilities Act (ADA) is pending against the City and is scheduled for trial on July 10, 2002; that new information concerning a settlement proposal has been received; therefore, the Commission is requested to recess the July 8, 2002, Special Commission meeting into an attorney-client session for the purpose of considering matters related to the litigation. Vice Mayor Palmer stated that hearing no objections, the July 8, 2002, Special Commission meeting will be recessed into an attorney-client session as requested by the City Attorney. 17. ADJOURN (AGENDA ITEM XII) CD 10:07 There being no further business, Vice Mayor Palmer adjourned the Regular meeting of July 1, 2002, at 10:07 p.m. Casbhn Q.Ma er CAROLYNIJ. NASON, MAYOR ATTEST: 55 Lly E Rolse - e BILLY E. ROBINSON, CITY AUDITOR AND CLERK BOOK 52 Page 23484 07/01/02 6:00 P.M.