Book 35 Page 9629 09/20/93 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 20, 1993 AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Nora Patterson, Commissioner Fredd Atkins, Mollie Cardamone and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. PRESENTATION RE: PLAQUE TO THE CITY COMMISSION FROM GULF COAST WORLD OF SCIENCE #1 (0029) through (0119) Ms. Marilyn Hoellen came before the Commission and stated that on behalf of the children of the community, the Gulf Coast World of Science was presenting a commemorative plaque to the City Commission inscribed as follows: "For their commitment, for their vision, for their support, for providing the permanent home of Nature Place Discovery Place, the Gulf Coast World of Science, Inc. presents this plaque to the Sarasota City Commissioners: Gene Pillot, Mayor, Fredd Atkins, Mollie Cardamone, David Merrill, Nora Patterson, for the action taken May 3, 1993." 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR AUGUST 1993 ELAINE K. KIDD, SECRETARY, PUBLIC SAFETY DEPARTMENT SUPPORT SERVICES BUREAU #1 (0120) through (0219) John Gingras, Battalion Chief, came before the Commission and introduced Elaine K. Kidd. Chief Gingras stated that Ms. Kidd has been a City employee for ten years; that in addition to her everyday duties to keep up with three battalion chiefs in the Public Safety Department, Ms. Kidd took on the responsibility of publishing a department newsletter on fitness; that Ms. Kidd is on the Aerobics Committee for the Public Safety Department. Mayor Pillot presented Elaine K. Kidd with a plaque and certificate for Employee of the Month for August 1993 in appreciation of her unique performance with the City of Sarasota and congratulated her for her outstanding efforts. 3. PRESENTATION RE: 1993-94 VAN WEZEL POSTER TO POSTMASTER PETE FERNANDEZ AS A TOKEN OF THE CITY'S GRATITUDE FOR THE EXTRAORDINARY EFFORT OF THE U.S. POSTAL SERVICE TO ENSURE THAT AN ORDERLY, ACCOMMODATING, ACCESSIBLE AND FAIR SYSTEM WAS IN PLACE TO MAIL AND RECEIVE THE 1993-94 VAN WEZEL BROCHURE #1 (0220) through (0298) Ilene Denton, Acting Director of the Van Wezel Performing Arts Hall, came before the Commission and stated that the Sarasota Main Post Office has once again gone far above and beyond the call of duty in aiding the Van Wezel in the smooth delivery of over 50,000 season brochures; that in appreciation of all that the Post Office does for Van Wezel she was presenting a framed poster of the 1993-94 Van Wezel season to representatives Gizella Allen and Ed Rainey. Mayor Pillot stated that the City of Sarasota would send a letter to the Postmaster General in Washington D.C. to let the Postmaster General know that the people in the postal service in Sarasota are doing extra to make things work well for the citizens of this community. Mayor Pillot stated that he had received a request to move a public hearing out of the order in which it was advertised and asked whether it would be possible to do so? City Auditor and Clerk Robinson stated that the first public hearing tonight by law is the final adoption of the budget and no items can be rearranged tonight. 4. APPROVAL OF MINUTES = APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 19, 1993; MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 23, 1993; AND MINOTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 7, 1993 = APPROVED (AGENDA ITEM I-1, -2, AND -3) #1 (0326) through (0339) On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve the Minutes of the Regular Sarasota City Commission Meeting of July 19, 1993, Minutes of the Special Sarasota City Commission Meeting of July 23, 1993, and Minutes of the Regular Sarasota City Commission Meeting of September 7, 1993. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. BOARD ACTIONS = REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF JULY 7, 1993 = AFFIRMED THE ACTION Book 35 Page 9630 09/20/93 6:00 P.M. Book 35 Page 9631 09/20/93 6:00 P.M. OF THE PLANNING BOARD/LOCAL PLANNING AGENCY ON PRELIMINARY SITE AND DEVELOPMENT PLAN 93-E WITH THE STIPULATIONS SET FORTH AND SET PETITION 93-8V-03 FOR PUBLIC HEARING; AFFIRMED THE PLANNING BOARD/LOCAL PLANNING AGENCY'S RECOMMENDATION AND SET PROPOSED ORDINANCE NO. 93-3706 FOR PUBLIC HEARING; SET PROPOSED ORDINANCE NO. 93-3707 FOR PUBLIC HEARING; ACCEPTED REPORT (AGENDA ITEM II-1) #1 (0340) through (0596) Jane Robinson, Director of Planning and Development, and Berta Lefkovich, Chairman of the Planning Board/Local Planning Agency, came before the Commission. Ms. Lefkovich presented the following items from the Planning Board's Regular Meeting of July 7, 1993: A. Petition No. 93-SV-03 A request for vacation of a portion of 19th Street lying between Goodrich Avenue and Osprey Avenue. Preliminary Site and Development Plan 93-E = To permit expansion of the J. H. Floyd Sunshine Manor. The parcel is located in the G Zone District Ms. Lefkovich stated that the Planning Board/Local Planning Agency recommends that the Commission approve Petition 93-SV-03; that the Planning Board found the Preliminary Site and Development Plan 93-E consistent with the Sarasota City Plan with the stipulation that the designated future facility be excluded from the consistency finding; that the Planning Board found the Preliminary Site and Development Plan 93-E consistent with the Tree Protection Ordinance and approved the plan with the stipulation that the 18" diameter oak trees located near the southeast corner and the northwest corner, not shown on the site plan, of the proposed west parking lot be preserved. On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to affirm the action of the Planning Board/Local Planning Agency on Preliminary Site and Development Plan 93-E with the stipulations set forth and set Petition 93-SV-03 for public hearing. Vice Mayor Patterson stated that she is becoming increasingly disturbed with the quantity of street vacations that the City does; that she had asked whether there was an alternative and was told there was not; that since so many of the requests come from churches and not-for-profit organizations, her position is that each time the City has a public hearing on such requests, the City request that the organization who is asking for something that belongs to the City present some appreciation of what they are doing for the City of Sarasota that would demand such a contribution of public propertyi that she hopes that in the future the Administration will make this known to organizations. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Ms. Robinson stated that this (request) relates only to the leased area regarding increasing the leasehold; that this would come back to the Commission at a later date. B. Proposed Ordinance No. 93-3706 - Outlining Lighting Ms. Lefkovich stated that the Planning Board/Local Planning Agency found proposed Ordinance No. 93-3706 consistent with the Sarasota City Plan and recommends approval and that it be set in ordinance form. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to affirm the Planning Board/Local Planning Agency's recommendation and set proposed Ordinance No. 93-3706 for public hearing. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. C. Proposed Ordinance No. 93-3707 Cooking and Open Flames Outdoors Ms. Lefkovich stated that the Planning Board/Local Planning Agency found proposed Ordinance No. 93-3707 consistent with the Sarasota City Plan and recommends approval to the City Commission. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to set proposed Ordinance No. 93-3707 for public hearing. Mayor Pillot requested that the City Auditor and Clerk and the City Manager make sure that the representatives of the people at 888 and 988 across from The Quay are notified as to when the public hearing will be held. City Auditor and Clerk Robinson stated that he would notify the representatives. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to accept the Planning Board/Local Planning Agency's report. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. BOARD ACTIONS = REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF JULY 13, 1993 AND ADVANCED REPORT OF MEETING OF SEPTEMBER 14, 1993 - SET PETITIONS 93-HD-18 AND 93-HD-17 FOR PUBLIC HEARINGS; AFFIRMED THE NATIONAL REGISTER Book 35 Page 9632 09/20/93 6:00 P.M. Book 35 Page 9633 09/20/93 6:00 P.M. NOMINATIONS THE HISTORIC PRESERVATION BOARD APPROVED FOR 1490 MAIN STREET AND 1490 FIRST STREET; TABLED THE DECISION TO BET PETITION 93-HDD-02 FOR PUBLIC HEARING UNTIL THE FIRST MEETING IN OCTOBER 1993; ACCEPTED REPORT (AGENDA ITEM II-2) #1 (0597) through (0933) Jane Robinson, Director of Planning and Development, and William Merrill, Chairman of the Historic Preservation Board, came before the Commission. Mr. Merrill presented the following items from the Historic Preservation Board's Meeting of July 13, 1993: A. Petition 93-HD-18 - - 1910 Datura Street B. Petition 93-HDD-02 = 221, 226 and 231 Garden Lane (Siesta Key Fish Market) C. Petition 93-HD-17 - 2027 McClellan Parkway D. National Register Nominations = 1490 Main Street (Worth's Block) and 1490 First Street (Russell Building) Mr. Merrill stated that the Historic Preservation Board recommends approval of Petition 93-HD-17, 93-HD-18, and 93-HDD-02; that the first two are designations of structures and the last is for designation of a site; that the Historic Preservation Board approved the reports for the Nominations of 1490 Main Street and 1490 First Street to the National Register and recommends approval by the City Commission. Vice Mayor Patterson stated that she would like to have Petition 93-HDD-02 considered separately. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to set Petitions 93-HD-18 and 93-HD-17 for public hearings. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to affirm the National Register nominations the Historic Preservation Board approved for 1490 Main Street and 1490 First Street. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Vice Mayor Patterson stated that the Siesta Key Fish Market property is in her neighborhood; that historically the Fish Market has been kept in a very poor condition and was recently purchased by a new owner who has cleaned it up substantially; that there was a shooting at the Fish Market probably less than a year ago; that if (Petition 93-HDD-02) it is set for public hearing, she would like the Police Department to report to the Commission on the circumstances of the shooting; that several of the neighbors who live immediately next to the property are not anxious to see the property continue as a fish market and fish camp; that the neighbors are frightened under a public hearing scenario or even to come forth in writing and say they are opposed to having the site stay as it is; that she does not feel the site qualifies for historic designation because of what the property has historically been. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to table the decision to set Petition 93-HDD-02 for public hearing until the first meeting in October 1993. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. E. Historic Preservation Fee Mr. Merrill stated that he understands that the Commission approved the Billable Fee Ordinance earlier today (Special Meeting) Mayor Pillot stated that he had to interrupt Mr. Merrill because it was now 6:30 p.m., the time for which public hearings are advertised. On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to accept the report of the Historic Preservation Board. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 7. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 93R-680, CERTIFYING TO THE COUNTY PROPERTY APPRAISER OF SARASOTA COUNTY THE RATES OF MILLAGE TO BE LEVIED BY THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993; ETC. = ADOPTED A N SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3738, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING ON SEPTEMBER 30, 1994; SAID BUDGET TO INCLUDE THE GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUNDS, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, THE CAPITAL IMPROVEMENT PLAN: PROVIDING FOR CURRENT EXPENSES AND CAPITAL EXPENDITURES OF THE WATER AND SEWER UTILITY SYSTEM OF THE CITY OF SARASOTA, EACH BEING SPECIFICALLY IDENTIFIED HEREIN; ASSESSING AND LEVYING AD VALOREM TAXES FOR CALENDAR YEAR 1993; SPECIFYING THE AD VALOREM TAX MILLS TO BE LEVIED AND ASSESSED FOR PURPOSES OTHER THAN BONDED-DEBT SERVICE; SPECIFYING THE AD VALOREM TAX MILLS LEVIED AND ASSESSED FOR BONDED-DEBT SERVICE; MAKING APPROPRIATIONS FROM THE AD VALOREM TAX REVENUES COLLECTED; IDENTIFYING THE BUDGETS AND AMOUNT OF THE AD VALOREM TAX REVENUES WHICH ARE APPROPRIATED FOR THE PURPOSES ENUMERATED Book 35 Page 9634 09/20/93 6:00 P.M. Book 35 Page 9635 09/20/93 6:00 P.M. HEREIN; APPROPRIATING MISCELLANEOUS REVENUES AND SURPLUS REVENUES FOR THE PURPOSES STATED; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM IV-1) #1 (0970) through (3499) Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Resolution No. 93R-680 needs to be adopted before the Commission adopts the budget therefore, the Commission needs to consider proposed Ordinance No. 93-3738, which adopts a budget and Capital Improvement Plan for the fiscal year October 1, 1993 through September 30, 1994 and establishes the ad valorem tax millage to be levied and assessed for the Operating Budget and Debt Service Budgets; that the public hearing tonight advertised an increase in the operating millage from 5.270 mills to 5.339 mills, which is a 1.31% increase and a debt service millage of 1.246 down from 1.248 mills for a total millage of 6.585. Mr. Mitchell continued that the budget contains all of the directions the Commission gave the Administration at the previous public hearing (September 7); that the directions were as follows: (1) add back one Police lieutenant at $69,900; (2) increase Fire ambulance fees $147,000; (3) add back seven fire fighters at a cost of $278,490; (4) reduce expenditures for four early retirements in the Fire Department at a savings of $131,389; (5) reduce COLA (cost-of-living adjustment) expense from 3.2% to 2.8% at a savings of $67,000; (6) do not transfer $48,000 from the County Occupational License Fund and use the funds for economic development; and (7) reduce ad valorem millage from 5.409, which was the advertised rate at the previous public hearing, to 5.339 which is a reduction of $149,060. Mr. Mitchell stated that the TRIM Bill (Truth In Millage) requires that the proposed millage rate for ad valorem taxes be measured in terms of the rollback rate; that the rollback rate is the millage rate necessary to yield the same ad valorem tax revenue as the current year; that the rollback rate is 5.233 mills; that the proposed millage rate is 5.339 mills, which is a 2.03% increase over the rollback rate. Vice Mayor Patterson stated that she understands that the budget and the millage that funds it does not include funding or expenditures for the four CSAS (Community Service Aides). Mr. Mitchell stated that was correct. Mayor Pillot opened the public hearing. The following individuals came before the Commission: Barbara Cherry, 3907 Bay Shore Road, representing North Trail Business, stated that she was present at the previous public hearing on the budget; that at that time the Commission discussed the City's legal fees; that she understands one thing involved in the legal fees is the Motel/Hotel Interdiction Program the City adopted to get rid of the motels and hotels that are harboring drug dealers and prostitutes; that such a program has worked in other cities and is working in Sarasota and she feels the City needs to continue to maintain this program; that she hopes that the City can get the CSAS back into their jobs sometime; that in talking with several police officers and sheriff's officers, she was dismayed to find out that there is low morale in the ranks; that she supports any encouragement that can be given to the Police Department. Patricia E. Heinzerling, 468 Meadow Lark Drive, stated that in previous budgetary hearings, she has listened as speaker after speaker has requested sums of money from the Commission who represent the residents of the City of Sarasota; that she does not recall hearing from people who are actually having to pay this money, namely, the taxpayers; that many people have decided that it is useless to try to stem the tide of ever-increasing taxes by appearing before governmental bodies; that the residents who live in her area, Bird Key, on waterfront property have just been issued notices of the increased assessed valuation on their properties of 15-35%; that now the City of Sarasota intends to increase its property tax levy by 2.03%; that Sarasota County intends to increase its property tax levy by 5.17%; that Sarasota Memorial Hospital is contemplating an increase as is SWFWMD (Southwest Florida Water Management District); that in the 14 years she has lived in Sarasota, she has experienced approximately a 350% increase in property taxes; that the population of Sarasota has not greatly changed in these 14 years; that the Franklin Manor property is off the tax rolls having been acquired by the City for undefined purposes; that the various taxing authorities cannot continue to extract more and more money from fewer and fewer sources; that she requests that the Commission carefully consider the proposed increase of the tax burden on your constituents. Mayor Pillot stated that City-wide the non-exempt assessed values for property are not going up as dramatically as waterfront properties. Bob Gorevan 2075 Main Street, #4, representing the Police Benevolent Association, came before the Commission. Mr. Gorevan stated that he has assumed the duties of President of the Police Benevolent Association (PBA) with the resignation of Stan Hayes; that the membership of the PBA is concerned that there has been talk of future consolidation between the City Police Department and the Sheriff's Department; that the PBA members do not look forward to any such consolidation and would like to see the Commission stand fast against any such activity; however, if it is the desire of the Commission to some day consolidate with the Sheriff's Department, the PBA membership would like to know now so that people can find new jobs or wait for the consolidation to happen; that considering the rising crime rate the City has, he feels the Commission should budget the Police Department for the future by Book 35 Page 9636 09/20/93 6:00 P.M. Book 35 Page 9637 09/20/93 6:00 P.M. structuring the department to meet the needs of the citizens of this community. Rick Lewis, 2075 Main Street, #4, representing the Police Benevolent Association, stated that he is the Vice President of the PBA; that he spoke to the Commission earlier this afternoon at the Commission's Special Meeting; that on September 17, 1993 he became aware of a memorandum indicating that the dependent insurance coverage would be increased from the current $30.00 a week to $37.50 effective the first pay day of the new fiscal year; that there are a lot of employees who cannot afford to pay $37.50 a week. Mr. Lewis continued that on August 16, 1993 an Employee Benefits Analysis Team was organized to try to find ways to offset the cost of health insurance; that the Team has had two meetings and is on its way to coming up with ways to cut costs; that cutbacks the Team is checking into are increasing deductibles; that he understands that a revenue of $210,000 will be generated by having the employees contribute an additional $7.50 a week for dependent health care; that he asks that the Commission give the Team three months to come up with some ways to defray some of the costs. There was no one else who wished to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 93R-680 in its entirety. Commissioner Merrill moved that the same millage rate as last year be adopted. The motion died for lack of a second. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to set the millage set forth in proposed Resolution No. 93R-680. Vice Mayor Patterson stated that she proposed a millage increase because she is unwilling to have the City dip into reserves any more than was done last yeari that there are two items under Consent Agenda that have a financial impact on the City and she thinks it is strange these items were not considered as part of the budgetary items; that one Consent Agenda item is a program that will grant employees days off for meeting certain physical fitness tests; that another Consent Agenda item regards a practice the City has had, which is in addition to annual raises, to fund longevity increases for employees. Vice Mayor Patterson continued that she is going to vote against both of these Consent Agenda items when they are brought up later tonight; that she resents that these items were not discussed as part of the budget. Commissioner Merrill stated that this is his third budget session; that the first two years he was on the Commission, a strong stand was taken to not raise taxes; that on April 17, 1993 the Commission met on its goals setting and the number one goal voted on by the majority of the Commission was to balance budgets without tax increase or reserve reduction; that he is not the only Commissioner who has complained about the tax penalty the City residents have to pay to get the same services the County residents get for their much lower County taxes; that the two big cost expense items that the Commission is talking about that drive the General Fund are Fire and Police; that the Director of Public Safety, Chief of the Police Services Bureau, and Chief of the Fire-Rescue Services Bureau all live in the County and the vast majority of the City's fire fighters and police officers live in the County; that the expense the City spends on Police and Fire services is not appreciated in the marketplace to offset the tax penalty City residents have to pay, but is discouraging people from living in the City of Sarasota by high taxes. Commissioner Merrill stated that he feels there are three different options he would like to have the Commission consider which can help to reduce the tax penalty that is a disincentive to live in the City. Commissioner Merrill stated further that one option would be deannex District 3 of the City of Sarasota and have all of its services provided by Sarasota County; that the second option would be to deannex District 1 of the City of Sarasota and have all of its services provided by Sarasota County; that the final option would be to deannex the entire City and disband the City. Commissioner Merrill stated that if District 3 were deannexed from the City, it would immediately eliminate the tax penalty for the middle-class neighborhoods in District 3, which is the district he represents; that District 3 has an aging housing stock; that the School Board by its foolish and irresponsible decision to close the old Sarasota Middle School has caused turmoil with parents of school children. Commissioner Merrill stated further that the second option to deannex District 1 because this district needs the most government services of all the rest of the City; that District 1 drives the City's increasing budget by trying to fund the law enforcement to take care of the area; that unfortunately the area in District 1 has been taken over by drug dealers and roving juveniles; that in order to do something productive for District 1 by providing additional law enforcement is counterproductive to District 3. Commissioner Merrill stated that the City of Bradenton has 46,000 people and the city of Sarasota has 50,000 people; that the City of Bradenton's Police budget is $5 million and the City of Sarasota's Police budget is over $15 million; that the 50,000 Sarasota residents cannot continue to pay for law enforcement for District 1. Book 35 Page 9638 09/20/93 6:00 P.M. Book 35 Page 9639 09/20/93 6:00 P.M. Commissioner Merrill stated that the options he suggests will require a serious evaluation to determine the best thing to do; that his opinion is that to raise any millage rate tonight to further exacerbate the tax penalty on City residents is the worst thing the Commission could do. Commissioner Atkins stated that selective parts of what Commissioner Merrill has said make sense; that he is of the opinion that the City of Sarasota has a responsibility to the people who live here; that he would not even live in the City of Bradenton much less compare anything Bradenton has to what Sarasota has; that he believes the City of Sarasota has held its taxes down as best as it could; that there has not been a major uprising of citizens with regard to the services provided; that if the citizens did not expect the services that the City provides, masses of citizens would be before the Commission rebelling against the tax proposal. Vice Mayor Patterson stated that she feels Commissioner Merrill has hit on a lot of valid truths; that the Commission may be looking at unincorporating the City in some year if the State does not change some of its laws; that the State of Florida prohibits a city from annexing an urbanized area directly on its periphery; that there are State laws interpreted by the courts to make it impossible to address dual taxation issues equitably; that the one district Commissioner Merrill does not want to deannex is District 2, which is the district that is paying the largest portion of the bill; that District 2 probably receives the least services because it sees the fewest Police cars; that until people start talking seriously about wanting to deannex from the City, she does not know how to address the issue. Commissioner Cardamone stated that the world is transient; that the people who live in the City of Sarasota do sO by choice to be close to the amenities that are offered in the community; that maybe the problem is not with the City demands and expectations but in the fact that the City is somewhat controlled by County government in the taxes City residents pay for which services are not received; that she has a real problem with talking about deannexing any portion of the City of Sarasota and would be a grave injustice to even consider doing at this time; that she suggests that the Commission return to the subject at hand, which is tonight's budget. Mayor Pillot stated that he and Commissioner Merrill are pretty much on opposite ends of the spectrum with respect to financing the City; that he feels; however, that Commissioner Merrill deserves a commendation for a very thoughtful presentation; that he agrees with Commissioner Cardamone with regard to deannexing the City; that during his two campaigns he stated that he would support raising taxes; that he has had a great deal of support for his position on public safety. Mayor Pillot called for the vote on the motion to adopt proposed Resolution No. 93R-680. Motion carried (3 to 2): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, yes; Pillot, no. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3738 by title only. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to adopt proposed Ordinance No. 93-3738. Motion carried (3 to 2): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, yes; Pillot, no. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3724, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1365 FRUITVILLE ROAD, HISTORICALLY KNOWN AS THE s.T. HUMBER HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 93-HD-14, J. WHITCOMB RYLEE) PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (3500) through (3600) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the Planning Board and the Administration recommends that this (historic) designation be passed; that she understands that the house is to remain at its present location and used for multi-family residential housing. Commissioner Merrill left the Commission Chambers at 7:29 p.m. Mayor Pillot opened the public hearing. There was no one who wished to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3724 by title only. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to pass proposed Ordinance No. 93-3724 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Patterson, yes; Pillot, yes. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3736, EXTENDING THE APPROVAL OF THE CITY COMMISSION PERTAINING TO THE SITE AND DEVELOPMENT PLAN FOR PETITION 91-T FOR A PERIOD OF TWO (2) YEARS FROM THE AUTOMATIC EXPIRATION OF SAID APPROVAL, PROVIDING FOR THE CONTINUATION OF THE CONDITIONAL REZONING FROM RMF-4 ZONE DISTRICT TO TAD ZONE DISTRICT FOR A PERIOD OF TWO (2) YEARS MEASURED FROM THE AUTOMATIC EXPIRATION OF SITE AND DEVELOPMENT PLAN 91-T THE FOLLOWING DESCRIBED PROPERTY: LOTS 2 AND 4, BLOCK 26, PLAT OF SARASOTA, AS RECORDED IN PLAT Book 35 Page 9640 09/20/93 6:00 P.M. Book 35 Page 9641 09/20/93 6:00 P.M. BOX A, PAGE 30, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, A/K/A 400 NORTH TAMIAMI TRAIL; AS MORE PARTICULARLY DESCRIBED HEREIN; SETTING FORTH FINDINGS AS TO THE CIRCUMSTANCES OF THE AUTOMATIC EXPIRATION OF PETITION 91-T: REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (NUGENT, NORMANDY INN) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (3602) through (3730) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the proposed ordinance was a request for (a two-year extension for the site and development plan and conditional rezoning) the Normandy Motel on U.S. 41; that Staff recommends approval. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3736 by title only. Commissioner Merrill returned to the Commission Chambers at 7:31 p.m. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 93-3736 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3737, AMENDING THE SARASOTA CITY CODE, CHAPTER 2, ADMINIBTRATION: BY REPEALING THEREFROM ARTICLE V, BOARDS, COMMISSIONS, AND COMMITTEES DIVISION 2, MOBILE HOME PARK ADVISORY BOARD SARASOTA MOBILE HOME PARK; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-4) #1 (3732) through #2 (0158) City Manager Sollenberger stated that the proposed ordinance was for the dissolution of the Mobile Home Park Advisory Board at the request of the Advisory Board; that the Administration recommends approval. Commissioner Atkins asked whether the State Mobile Home Park Law requires that there be an Advisory Board? Mr. Sollenberger stated that the State does not require an Advisory Board in this form. City Attorney Taylor stated that the Advisory Board was a non-statutory committee set up by the City Commission; therefore, dissolution of the Advisory Board does not conflict with State law. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3737 by title only. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to adopt proposed Ordinance No. 93-3737. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3740, TO REZONE FROM CG ZONE DISTRICT TO NT ZONE DISTRICT THE FOLLOWING DESCRIBED PROPERTY: TRACTS 6 AND 7 LESS THE EASTERLY 270 FEET THEREOF AND LESS R.O.W. FOR U.S. 41, MARLOWE PARK SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 90 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; A/K/A 4108 N. TAMIAMI TRAIL; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 93-01, RONALD ARD) - PASSED ON FIRST READING (AGENDA ITEM IV-5) #2 (0160) through (0201) Jane Robinson, Director of Planning and Development, came before the Commission and stated that this item was a request for a rezoning of property located on North Tamiami Trail from CG (Commercial General) Zone to NT (North Trail) Zone; that the Staff recommends approval. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3740 by title only. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 93-3740 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 12. BOARD ACTIONS -= REPORT RE: PUBLIC ART COMMITTEE SPECIAL MEETING OF AUGUST 19, 1993 = ASKED THAT THE ARTIST (VIRGINIA HOFFMAN) CREATE A DESIGN FOR TWO NORMALIY-OPERATING FOUNTAINS AND MAKE A PRESENTATION OF THE DESIGN TO THE COMMISSION; ASKED Book 35 Page 9642 09/20/93 6:00 P.M. Book 35 Page 9643 09/20/93 6:00 P.M. THE ADMINISTRATION TO ADVISE THE COMMISSION OF THE FINANCIAL IMPACT (AGENDA ITEM II-3) #2 (0203) through (1045) Jane Robinson, Director of Planning and Development, and Dennis Daughters, City Engineer, came before the Commission. Ms. Robinson stated that The Public Art Committee (PAC) selected Virginia Hofiman as the artist for the Main Street artwork; that Ms. Hoffman's proposal is in the Commission's back-up material. Commissioner Merrill stated that he has been contacted by some people wondering whether a thorough selection of artists had been done and asked whether the Staff felt a thorough selection was done and that the artist selected is the best one to do the work. Mr. Daughters stated that he felt Ms. Hoffman is the best one to do the work; that the Public Art Committee selected 20 artists as potential candidates for the artwork on the Main Street project; that the Committee narrowed the field down to 7 artists. Commissioner Merrill stated that he is concerned because the Public Art Committee is not present tonight. Ms. Robinson stated that she did not know why the Public Art Committee were not present but the Committee felt very good about Virginia Hoffman. Vice Mayor Patterson stated that she had attended a large portion of the hearing by the Public Art Committee and she got the impression that the PAC didn't feel good about anything; that the PAC was very bitter because they had not been brought in on this process earlier; that the PAC felt that the bases of the fountains should have been part of the design process and she thinks the PAC is absolutely right. Vice Mayor Patterson continued that the PAC was very distressed that the (fountain) mechanism would be concealed within the sculpture itself as opposed to concealed within the base; that the PAC had asked Staff whether there could be any latitude in redesigning the base or incorporating the fountain mechanism within the base; that the PAC was told that the bases were being manufactured as they spoke and that the design drawings and detail were ready and none of this could be addressed. Commissioner Cardamone stated that she wanted to make the Commission aware of a description of the design of the proposed fountains which states: "The work includes six sculptural elements individually designed or of similar design which will contain a mechanical device which projects water 18 to 26 feet to an adjacent fountain pool. The jet system is a device measuring 24 inches in length and 6 inches in diameter . carefully mounted via brackets to the inside of the sculptural element . . mounted in such a way as to provide a method of precise and permanent aiming of the water jet to be projected by the device. The sculpture which is to receive the jet device must be waterproof. 7 Commissioner Cardamone continued that she thinks this (fountain project) is fraught with difficulty and with controversy; that she thinks the Commission is setting itself up for something that will require a great deal of maintenance and which will create a great deal of controversy and criticism. Commissioner Merrill stated that he is very concerned that the Public Art Committee is not here tonight to endorse this project; that he does not feel he can take action on this item tonight. Vice Mayor Patterson stated that she did not intent to vote in favor of this project as presented; that she is not voting against the artist; that she feels her questions have not been answered about this project; that she has been reluctant to kill this project because she realizes that it will cost the City more money to do something else because of the contractual negotiations that have already taken place. Vice Mayor Patterson continued that the original design presented to the Commission were whimsical drawings of fish by Jack Dowd that were very charming and looked like a fun thing to have at the bottom of Main Street; that she does not feel comfortable in voting for the project as it is now presented. Virginia Hoffman (artist) came before the Commission and stated that she has lived in Sarasota for 28 years; that she feels that the fountainheads might cause problems in the future; that the budget that exists now for this artwork is only $20,000; that if the fountainheads are eliminated, the money could be used toward some very nice sculptures which she would love to do; that she feels she is very capable of executing this project for the City. Vice Mayor Patterson stated that she would like to see a presentation of two pieces of art to go into two normally functioning fountains to go on either side of the pedestrian and vehicular roadway. Commissioner Cardamone stated that these fountains have been a source of worry to her since the election; that she likes the idea of two fountains; however, she has a lot of problems with 16 to 28 foot projections of water. Ms. Hoffman stated that Sarasota is known as an art community; that she feels that Sarasota needs some nice substantial artwork; that art appreciation is a very personal thing; that she feels it is important that the City has a continual policy to place good art of high standards in prestigious locations throughout the City. Mayor Pillot stated that Commissioner Cardamone and he had heard considerable input from the public during their election campaign Book 35 Page 9644 09/20/93 6:00 P.M. Book 35 Page 9645 09/20/93 6:00 P.M. related to the Bayfront project; that he had heard the public say more simplicity was desired aesthetically and functionally; that he agrees with more simplicity; that he also does not want to see shooting fountains; that he is not in favor of spitting fish or anything else that's not normal; that he feels Vice Mayor Patterson's idea of a couple of simple fountains would probably fit in the scheme of what the public would want. Commissioner Cardamone stated that before the Commission takes some action she thinks that the Commission should consider the fact that part of the impetus for the fountains and the spitting fish was because part of this grant and construction was based on a tourist- oriented location. City Manager Sollenberger stated that he thinks this modification could get approved; however, the City will have to move swiftly on this because things are being held up at this stage; that a change order would have to be submitted to the EDA (Economic Development Administration) regarding elimination of the laser jet spitting fountains; that he needs clarification as to whether the Commission wants to stick with the art concept that has been proposed but devoid of the spitting devices; that the more changes that are made, the more expensive it is going to become. Vice Mayor Patterson stated that she is in favor of asking for a presentation that scraps the use of the proposed bases and the idea of putting individual pieces of art on the bases; that she prefers asking for two normal fountains with pieces of art as centerpieces for the fountains; that she understands that the City will probably have to contribute more money than was initially allotted to make this work. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to ask for this artist (Virginia Hoffman) to create a design for two mormally-operating fountains and make a presentation of the design to the Commission and to ask the Administration to advise the Commission of the financial impact, and eliminating the spitting whatevers and the bases. Commissioner Merrill stated that he would like to have the Public Art Committee feel more responsibility, that he feels that the Commission should refer this issue back to the PAC; that he would like the PAC to feel a personal sense of reputation on this project. Vice Mayor Patterson stated that she feels that the design should be passed on and approved by the Public Art Committee and would like to include this in her motion. Mayor Pillot called for the vote on the motion. Motion carried (4 to 1): Atkins, no; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 13. CONSENT AGENDA NO. 2 - ITEM 1 (RESOLUTION NO. 93R-669) = ADOPTED; ITEM 2 (RESOLUTION NO. 93R-670) = ADOPTED; ITEM 3 (RESOLUTION NO. 93R-672) - ADOPTED; ITEM 4 (RESOLUTION NO. 93R-673) = ADOPTED; ITEM 5 (RESOLUTION NO. 93R-674) = ADOPTED WITH UNDERSTANDING THE WORDING WILL BE CLARIFIED TO INCLUDE EMPLOYEES IN GOOD STANDING WHO WERE LAID OFF; ITEM 6 (RESOLUTION NO. 93R-675 = ADOPTED; ITEM 7 (RESOLUTION NO. . 93R-677) = ADOPTED; ITEM 8 (RESOLUTION NO. 93R-678) = ADOPTED; ITEM 9 (RESOLUTION NO. 93R-679) = ADOPTED; ITEM 10 (RESOLUTION NO. 93R-681) = ADOPTED; AND ITEM 11 (RESOLUTION NO. 93R-682) - ADOPTED (AGENDA ITEM III-B-1, -2, -3, 4, -5, -6, -7, -8, -9, -10, AND -11) #2 (1047) through #3 (0486) Vice Mayor Patterson requested that Item Nos. 2 and 7 be removed for discussion. Mayor Pillot requested that Item No. 5 be removed for discussion. City Auditor and Clerk Robinson read proposed Resolution Nos. 93R-669, 93R-675, 93R-679, 93R-681, and 93R-682 in entirety and proposed Resolution Nos. 93R-672, 93R-673, 93R-677, and 93R-678 by title only. 1. Adoption Re: Proposed Resolution No. 93R-669, appropriating $45,012 from the Special Law Enforcement Trust Fund (Forfeitures) to pay the costs for off-site location expenses of the Vice Intelligence Narcotics Section 3. Adoption Re: Proposed Resolution No. 93R-672, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only) 4. Adoption Re: Proposed Resolution No. 93R-673, authorizing the execution of a Highway Maintenance Agreement with the Florida Department of Transportation on behalf of the City of Sarasota; etc. (Title Only) 6. Adoption Re: Proposed Resolution No. 93R-675, appropriating; $5,000 from the Law Enforcement Trust Fund (Fund 110), to fund various law enforcement training courses for members of the Sarasota Police Department Book 35 Page 9646 09/20/93 6:00 P.M. Book 35 Page 9647 09/20/93 6:00 P.M. 8. Adoption Re: Proposed Resolution No. 93R-678, closing Pioneer Park between the hours of 11:00 p.m. and 6:00 a.m.; making certain findings that conditions exist or events have transpired, in proximity to or within Pioneer Park, which create a threat to the health, safety and welfare of the citizens utilizing Pioneer Park or residing in the vicinity of said park; directing the Public Works Department to post signs designating hours during which Pioneer Park will be closed as set forth herein; etc. (Title Only) 9. Adoption Re: Proposed Resolution No. 93R-679 (Special Appropriation No. 720), appropriating $5,110.82 from the Law Enforcement Trust Fund (Fund 110) for the funding of five first-line supervisors, mid-managers and one administrator to a Problem-oriented Policing seminar at the Northwestern University Traffic Institute in Evanston, Illinois 10. Adoption Re: Proposed Resolution No. 93R-681 (Special Appropriation No. 722), appropriating $48,139 from the Law Enforcement Trust Fund (Fund 110) to provide the required matching dollars for continuation of our Federal Anti-Drug Abuse Grant in the 1993-94 fiscal year 11. Adoption Re: Proposed Resolution No. 93R-682 (Special Appropriation No. 723), appropriating $21,200 from the Special Law Enforcement Trust Fund (Forfeitures) to provide continued funding for the purchase of competency-based computerized law enforcement training from the Police Law Institute On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 2 Items 1 through 11. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. Adoption Re: Proposed Resolution No. 93R-670, adopting, by reference, a personnel rule and regulation for general employees of the City of Sarasota, Florida, pertaining to participation in the Run/Walk/Swim Fitness Program (Personnel Rule 18); etc. (Title Only) Vice Mayor Patterson stated that this fitness program is already available to the Police and Fire Departments; that she doesn't know why employees should be rewarded for something she feels should be a requirement of the job; that this proposed resolution will extend the same benefits to the General Employees; that she feels the employees who are already physically fit will receive a bonus of extra days off and those employees who are not will probably not feel the bonus is worth the amount of time or trouble to get fit enough to earn bonus days. Bill Davenport, Director of Human Resources, and Bob Ellis, Risk Manager, came before the Commission. Mr. Davenport stated that participants may choose one of the three items (run/walk/swim) for a maximum of six days off. Vice Mayor Patterson asked how much time an employee who has worked for the City for ten years gets off? Mr. Davenport stated it would be three weeks of vacation time. Vice Mayor Patterson stated that she understands that an employee who does not use sick leave can earn additional days off. Mr. Davenport stated that was correct. Vice Mayor Patterson stated that this is against her philosophy; that she thinks the City's employees have ample vacation time. Mr. Davenport stated that this program has been in effect for a long time for the employees of the Public Safety Department; that Staff is recommending that the program be extended to General Employees because it has been demonstrated through studies that every dollar spent on this type of program returns an average of $7; that when people are in good physical condition, attendance is better and costs on health insurance are substantially less. Commissioner Cardamone asked whether there is a specific location where City employees will go to exercise? Mr. Ellis stated that the employees will exercise on their own time at whatever location they select; that the testing will take place at Sarasota High School utilizing the track where Fire and Police and the Fire and Police civilians with desk jobs take the test; that the swim program test will be held at the pool in Arlington Park. Commissioner Cardamone asked whether the County has a facility to which City employees have access? Mr. Davenport stated that the County has not completed the fitness facility yet. Mr. Sollenberger stated that the County has offered the use of the facility to the City; however, the Administration has not finalized this pending the resolution of some issues with the City Commission. Mr. Davenport stated that he thinks the participation of the civilian employees of the Public Safety Department is about 22%, who earned an average of 2.1 days off per year. Mr. Ellis stated that it is at the discretion of the Department Head as to when the employees are allowed to take the time off. Mr. Davenport stated that Mr. Ellis and Captain Stan Carter (Police) worked with the Wellness Committee to put this program Book 35 Page 9648 09/20/93 6:00 P.M. Book 35 Page 9649 09/20/93 6:00 P.M. together so that it could be offered to all employees and not just to the Public Safety Department. Commissioner Merrill stated that he thinks Vice Mayor Patterson makes a compelling case; that he thinks this program is too much. Mayor Pillot asked how this program could be applied to an employee who is a paraplegic? Mr. Ellis stated that a criteria has not been developed to address this issue yet; however, if the City has a wheelchairbound employee who wished to participate in the program, a criteria would be developed for disabled employees. Commissioner Atkins stated that he would support this proposed resolution because he feels there is a need for equity among all employees of the City of Sarasota; that he feels this program is part of what the City needs to do to balance employees' morale. Commissioner Cardamone asked whether there is a provision that this program could be tried for one year and then determine what the impact is? Mr. Ellis stated that could be done. City Manager Sollenberger stated that he recommends this program for two reasons; that one reason is the issue of equity and the other reason is the matter of providing an incentive for people to be physically fit; that he feels employees will be motivated to exercise, which will affect their health; that the City is looking at skyrocketing costs in the area of health insurance and he feels the City needs to do everything in its means to have a healthy work force. City Auditor and Clerk Robinson read proposed Resolution No. 93R-670 by title only. On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 93R-670. Vice Mayor Patterson stated that she feels being physically fit should be a requirement of the job for Police and Fire. Commissioner Merrill stated that he does not feel the City should offer this program to the civilian employees of the Fire and Police. Commissioner Atkins stated that if the Commission is prepared to take this program away from the Police and Fire, he would be prepared to not support the issue as it relates to the overall system. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 2): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, no; Pillot, yes. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved that as soon as possible the privilege (of the Run/Walk/Swim program) be no longer funded or allowed for any City employee. Mayor Pillot asked whether this issue is a bargaining issue under State law? Mr. Davenport stated that was correct; that he feels the appropriate time for the Commission to take an action such as that is on the table would be when such a matter is brought to the Commission by the City Manager, because it may be inappropriate under the State Statutes to make a negotiation decision when negotiations are not going on. On motion of Mayor Pillot (who passed the gavel to Vice Mayor Patterson) and second of Commissioner Merrill, it was moved to amend the motion to table the decision and bring it to the Commission at the next regularly scheduled, legally scheduled executive session relating to collective bargaining. Commissioner Atkins asked whether the Commission was permitted to take a motion from this table to a collective bargaining situation? City Attorney Taylor stated that he feels that the Commission is saying that when the Administration sits down as part of the next bargaining session, that this (program) should be an item that the City Commission would like the Administration to explore with the union. Mayor Pillot stated that he would like to adopt the necessary modifications of the language of his amendment so that it reflects propriety with law. Mr. Robinson stated that he sees no problem with such a request. Vice Mayor Patterson called for the vote on the amendment to the main motion to table the decision (to no longer fund or allow the Run/Walk/Swim program) and bring this back to the Commission at the next regularly, legally scheduled executive session relating to collective bargaining. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 5. Adoption Re: Proposed Resolution No. 93R-674, amending, by reference, a current practice for Civil Service and General Employees of the City of Sarasota, Florida (except as is required to be negotiated by the City Manager for employees for whom collective bargaining is required); pertaining to discontinuation of the paid lifetime medical/dental benefits coverage upon an employee's qualified retirement from service with the City of Sarasota, excluding current employees, effective for all future employees hired on or after October 1, 1993; etc. (Title Only) Book 35 Page 9650 09/20/93 6:00 P.M. Book 35 Page 9651 09/20/93 6:00 P.M. Mayor Pillot stated that he requested that Item 5 be removed for discussion to clarify the wording "effective for all future employees hired on or after October 1, 1993"; that when he made this proposal, which was accepted by the entire Commission, the wording that he used was that "all employees who are employees of the City on or before September 30, 1993, including anyone who left in good standing and who may be rehired in good standing" would continue to have this benefit; that his purpose is primarily related to people who are laid off because of the City's budgetary problems; that it was his intent to be sure that people who were in good standing and return in good standing on or after October 1, 1993 would not lose this (medical) benefit. Mayor Pillot asked whether this was the intent of the Commission. Mr. Davenport stated that he had understood the proposal as Mayor Pillot describes; however, he feels the wording in the proposed resolution is not without ambiguity. Commissioner Cardamone asked whether Mayor Pillot was only speaking of employees that have been laid off, or about someone who quits and returns as an employee of the City in five or six years. Mayor Pillot stated that his intent was that anyone who left the City's employment in good standing and would be welcomed back by the Administration in good standing, regardless of the reason (for leaving) ; that he used the layoffs as an example. Commissioner Cardamone stated that she might be willing to include employees who were laid off because of a budget crunch. Commissioner Atkins stated that he would support Mayor Pillot's proposal as it relates to people who were laid off but not for employees who left employment voluntarily. Vice Mayor Patterson stated that she agrees with Commissioner Atkins. Vice Mayor Patterson stated that since Commissioner Merrill was absent at the Special Meeting earlier today, she wanted to advise Commissioner Merrill that she had placed on the table a motion that failed 2 to 2 to have the City Attorney examine whether there could legally be any modifications in the current unwritten policy of fully funding health care for all employees; that she gave notice that she intends to bring this issue back up for another vote at the next meeting in the beginning of October. Commissioner Merrill stated that he would support it. Mayor Pillot stated that it appears the Commission is willing to clarify the language (in proposed Resolution No. 93R-674) sO that anyone who was laid off through no fault of the employees and is returned to duty after October 1, 1993, would retain the (health) benefit. There was a consensus of the Commission to agree with Mayor Pillot's comments. City Manager Sollenberger stated that he feels the resolution should be reworded to reflect the Commission's wishes; that he feels it can be reworded after the meeting. City Auditor and Clerk Robinson read proposed Resolution No. 93R-674 by title only. On motion of Mayor Pillot (who passed the gavel to Vice Mayor Patterson) and second of Commissioner Atkins, it was moved to adopt proposed Resolution No. 93R-674 with the understanding of the clarification language regarding laid off employees. Vice Mayor Patterson requested that the City Auditor and Clerk proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Vice Mayor Patterson returned the gavel to Mayor Pillot. 7. Adoption Re: Proposed Resolution No. 93R-677 adopting the revised Position Classification/Compensation Plan; authorizing employees, including the City Manager and the City Auditor and Clerk, for whom collective bargaining is not required, except as provided herein, an increase in the base rate of pay as provided herein, effective September 29, 1993, authorizing the City Manager to continue to administer the Classification/Compensation Plan requirements; providing additional compensation for longevity; determining which officers shall give bond and the amounts thereof; etc. (Title Only) Vice Mayor Patterson stated that in the future she would like to see pay rate increases for the City Manager and the City Auditor and Clerk handled as part of a regular agenda and not part of a Consent Agenda; that she has no problem with the City Manager and the City Auditor and Clerk receiving a cost-of-living adjustment along with the other employees; however, since she has been on the Commission 2% years there has been one evaluation done of these two Charter Officials, which was never discussed at the Commission table; that only four Commissioners turned in the evaluations; that she feels it is time for another evaluation; that in the future she feels the evaluations should be done before a salary increase is agendaed. Vice Mayor Patterson continued that she got an (evaluation) form from the Florida League of Cities that she thought was good which she has shared with Mr. Sollenberger. Mayor Pillot stated that he agreed that it was time for evaluations; that he also gave the City Manager four or five sample (evaluation) forms; that he asked the City Manager to look over these forms and make comments, because the City Manager knows what Book 35 Page 9652 09/20/93 6:00 P.M. Book 35 Page 9653 09/20/93 6:00 P.M. goes on in his office. Mayor Pillot continued that this might be a good time for the Commissioners to submit any particular items about which they would like to be sure are evaluated and the method by which the Commissioners would like to have the evaluations done. Mayor Pillot stated further that he feels it is very important for the Commission to choose a person to receive this input as well as the ultimate evaluation of the City Manager and the City Auditor and Clerk. Mayor Pillot stated that he requests that before the end of this week the Commissioners choose the person to coordinate the evaluations, to whom each Commissioner would submit his/her completed evaluation forms, along with thoughts about how the evaluation ought to be conducted. Commissioner Cardamone asked whether City Auditor and Clerk Robinson had been afforded the same opportunity to look at various evaluations. Mayor Pillot stated that he had not and wished to apologize for this. Mayor Pillot stated that he suggests that the City Attorney coordinate the evaluations (of the City Manager and the City Auditor and Clerk). Vice Mayor Patterson stated that she thinks this is a good idea. Commissioner Merrill stated that he agreed. Commissioner Cardamone stated that she would like to see an annual evaluation, as written in the City's Charter, take place the same time every year; that the Administration bring this to the attention of the Commission each year; that she would like the facilitator to conduct a discussion regarding the critique. Commissioner Atkins stated that he does not accept using City Attorney Taylor as the facilitator; that he thinks Attorney Taylor and Mr. Sollenberger work too closely together; that he suggests that the Commission use the City's in-house arbitrator regarding Code Enforcement as an impartial person to facilitate the evaluations. There was a consensus of the Commission to agree with Commissioner Atkins' suggestion to use Larry Robinson (Special Master) and authorize the Mayor to contact him regarding this matter. Vice Mayor Patterson stated that regarding proposed Resolution No. 93R-677, she is concerned about the increases for people as follows: 5 years of service-28 increase, 10 years of service-48 increase, 15 years of service-68 increase, 20 years of service-88 increase, and 25 years of service-108 increase; that she thinks this should be part of the budget process; that she doesn't think it makes sense to encourage this type of longevity in a City where employees are being rewarded for retiring; that she is not sure the City can afford to continue to give raises of this size for 20 and 25 years of service. City Manager Sollenberger stated that the dollar impact of this has been calculated into the budget; that this (longevity increase) practice was adopted by the City many years ago and is built into the salary levels; that withdrawing the longevity increases would have to be negotiated with the Fire and Police unions; that current employees would have to take a salary reduction if the longevity practice is discontinued, which is a takeback. City Auditor and Clerk Robinson read proposed Resolution No. 93R-677 by title only. On motion of Commissioner Atkins and second of Mayor Pillot (who passed the gavel to Vice Mayor Patterson), it was moved to adopt proposed Resolution No. 93R-677. Commissioner Cardamone stated that she is amazed that these percentages are automatically built in without any kind of an evaluation or review of an employee. Mr. Robinson stated that he understands that the longevity practice is to stop turnover thereby eliminating retraining of employees. Commissioner Cardamone stated that she understands from various department heads that it is very difficult to eliminate an employee even if they are not performing their job well. Vice Mayor Patterson stated that this type of policy and many other benefits originated at a time when government employees made substantially less than people in private industry; however, it has gotten to the point where government employees, because of regular raises through hard times and good times, make more than the private sector in equivalent jobs. Vice Mayor Patterson continued that she thinks the City has reached the point where it cannot afford to provide such longevity increases, at least not without an evaluation, and not without examining it every year as a budgetary issue; that she feels the City should also examine whether these longevity increases should be funded for unions at budgetary time. Commissioner Atkins stated that he feels this is another equity issue that the system bought into many years ago; that he feels that if the City starts losing employees based on discontinuing the longevity policy, it will cost the City more money to try to replace the older employees. Commissioner Atkins continued that he supports this policy for the General Employees because the City has this policy for the Public Safety Department; that he believes that the General Employees have been cut back to the extent that if the City takes this (longevity increase) away it will open the door for potential union organization of General Employees. Book 35 Page 9654 09/20/93 6:00 P.M. Book 35 Page 9655 09/20/93 6:00 P.M. Mayor Pillot stated that he agrees with what Commissioner Atkins said; that he cannot say how relative positions in the City compare with the private sector; however, he suggests that the Commission compare how the pay of the City's Chief Executive Officer and Department Heads is to the other three main governing bodies of the community, the County government, the school system, and the hospital (Sarasota Memorial); that he believes it will be found that the city's rates of pay are the lowest paid of the four; that he does not feel the City's employees are overpaid. Mayor Pillot continued that an employee does not receive the longevity pay increase each subsequent year; that the difficulty of firing a questionable employee does not rest with the fault of the City's Administration but with federally required due process procedures. Attorney Taylor stated that was true. Mayor Pillot stated that he is worried about the morale of the City's employees due to layoffs, talk about taking insurance benefits away, increased rates of dependent health insurance, and various other cutbacks. Vice Mayor Patterson passed the gavel to Commissioner Atkins. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to amend the motion on the floor to take the 20th year (longevity increase) at 8% and the 25th year (longevity increase) at 10% and make them 5% and to make all of these rewards contingent on the judgement of the supervisor and a positive evaluation. Mr. Sollenberger stated that the difficulty of firing employees lies with due processi that he wants the Commission to know that the Administration does not shrink from pursuing due process; that he does not want it to be concluded from the discussion that there are a lot of people working for the City who ought to be fired. Mr. Sollenberger continued that he thinks that the Administration has pursued getting rid of employees who do not deserve to keep their jobs; that he thinks that the employees who do have jobs by and large deserve their jobs and do a good service. Mr. Sollenberger stated that with respect to the motion on the floor, he guarantees that if the Commission passes this amendment to the motion, the City will have a genuine morale problem; that the General Employees would not be treated the same as the Public Safety employeesi that employees with 20 years of service and above would get a salary cut; that he recommends that the Commission not adopt this amendment. Vice Mayor Patterson stated that as part of her amendment, she would like to say that she would not want to take away an increase due someone this year as part of the budget. Commissioner Merrill stated that he suggests that the City not give mandatory increases to employees it does not want to keep; that he recommends that increases are based on merit at the discretion of the managers; that he supports doing away with all mandated increases in payi that he feels this would only affect the poor performing employees. Commissioner Cardamone asked Mr. Sollenberger to respond to Commissioner Merrill's suggestion. Mr. Sollenberger stated that the policy is a consistent longevity payment and not a merit payi that it would take more time and consideration for merit increases than can be devoted at this meeting; that he feels the City should treat all employees the same; that if the Commission is going to change the longevity policy for General Employees, he thinks it should be changed for the Police and Fire as well. Commissioner Atkins stated that he cannot support the amendment; that he believes it is contrary to everything the City wants to do in scaling back the work force. Commissioner Cardamone stated that she will vote against the amendment but would like to see this issue discussed with the City Manager in a better setting. Vice Mayor Patterson stated that she hoped there would be a workshop held to examine employee benefits and automatic employee pay increases; that she feels pay increases should be given because an employee has performed well and deserves a raise. Commissioner Atkins called for the vote on the amendment to the main motion to take the 20th year (longevity increase) at 8% and the 25th year (longevity increase) at 10% and make them 5% and to make all of these rewards contingent on the judgement of the supervisor and a positive evaluation. Motion failed (3 to 2): Cardamone, noi Merrill, yes; Patterson, yes; Pillot, no; Atkins, no. Commissioner Atkins returned the gavel to Vice Mayor Patterson. Vice Mayor Patterson requested that the City Auditor and Clerk proceed with the roll-call vote on the motion to adopt proposed Resolution No. 93R-677. Motion carried (3 to 2): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, no; Pillot, yes. Commissioner Cardamone stated that there is an implication that the Commission will have further discussions on this issue along with other increases in pay as well as a general review of the budget Book 35 Page 9656 09/20/93 6:00 P.M. Book 35 Page 9657 09/20/93 6:00 P.M. aspects of employee benefits. Mr. Sollenberger stated that the Administration will plan further discussions. 14. SCHEDULED PRESENTATIONS (AGENDA ITEM V) #3 (0487) through (0487) There were no Scheduled Presentations. 15. CITIZENS' INPUT (AGENDA ITEM VI) #3 (0488) through (1038) Rick Lewis, 2075 Main Street, #4, representing. the Police Benevolent Association (PBA), came before the Commission and stated that his comments pertain to all City employees with regard to health benefits; that he became a City employee 11 years ago; that 11 years ago he contributed $19 a week to dependent insurance coverage; that the contribution of $19 a week was maintained until the 1991-92 budget year; that there were surpluses but a rollback of the contribution rate was not made to the employees; that in 1991-92 the employee contribution to dependent insurance coverage increased to $20.50 a week; that last year the rate increased to $30 a week; that for fiscal year 1993-94 the City has advised the employees of another increase in the employee contribution rate for dependent insurance coverage to $37.50. Mr. Lewis continued that rate has nearly doubled in two years; that the lower paid employees cannot afford this increase; that he is concerned about all employees and not only the employees he represents. Mr. Lewis stated that another meeting of the Employee Benefits Analysis Team is scheduled for 2:00 p.m. tomorrow; that he is asking the Commission whether he should go to the meeting with the motivation and the initiative to try and find ways to cut and keep the dependent insurance rates down? Mayor Pillot asked when the Commission could address this issue and give the PBA representatives an answer? City Auditor and Clerk Robinson stated that if the dependent insurance was part of the budget as far as funding, the Commission cannot go back and reopen the budget hearing. Mayor Pillot asked whether the Commission has the authority to amend a budget after it has been adopted. Attorney Taylor stated that was correct. Vice Mayor Patterson stated that the City's health care benefits are so high compared to other agencies with all the wellness programs for half of the employees in the incentive program; that she would like to encourage the committee to meet; however, she is not willing to fund $55,000 through a budget amendment because it would mean dipping into reserves; that if the committee comes up with savings, she is sure the Administration will be willing to see what can be done to reward this initiative. Mayor Pillot asked whether the action of the Employee Benefits Committee was something the City Manager supports continuing? Mr. Sollenberger stated that he absolutely supports the committee; that other public agencies have even higher rates than the City has; that if the City is able to achieve any savings or cost containments that reduce the City's costs of health care, the Administration would look toward passing the pro rata share on the family coverage; however, until the City can come to a resolution that the City is not going to have to take on costs that were not budgeted, the increase will have to stand. Mayor Pillot asked the Commission whether it would be acceptable as a tentative statement tonight that if the work of the committee brings changes to the (health) plan to the Administration that are acceptable that result in costs lower than projected in the budget, that the Commission would be willing to lower the costs (to the employee) on a pro rata basis. There was a consensus of the Commission to accept Mayor Pillot's statement. Commissioner Cardamone stated that the Commission talked about mandatory health coverage for every employee was discussed during the budget workshops and asked whether someone had checked into the possibility of eliminating this feature? Bob Ellis, Risk Manager, came before the Commission and stated that a survey of all employees was done per the request of the Commission regarding how many employees would be willing to drop their health care coverage if the person has coverage elsewhere; that it was determined that employees would rather have X amount of dollars than carry coveragei that he feels the City has a responsibility, to see that this does not take place; that it was not determined how much of a credit to give an employee for dropping coveragei that the survey showed that 20 employees would be interested in dropping their coverage. Vice Mayor Patterson stated that the motivation for an employee dropping health coverage would be to get a cash reward. Mr. Ellis stated that was correct. Mayor Pillot asked whether a plan with options to drop certain coverayes, such as maternity, would be feasible for the City of Sarasota? Mr. Ellis stated that it would be feasible but the practicality of such a plan would need to be evaluated because the current plan provides a spread of the risk. Mayor Pillot stated that underwriting statistics may show this is not feasible. Mr. Ellis stated that was correct. Book 35 Page 9658 09/20/93 6:00 P.M. Book 35 Page 9659 09/20/93 6:00 P.M. Commissioner Merrill left the Commission Chambers at 9:28 p.m. Mayor Pillot asked whether the Commission was agreeable to move to Item 3 of Unfinished Business because there are representatives of the Bobby Jones Advisory Board present. There was a consensus of the Commission to move Agenda Item VII-3 forward to be addressed at this time. 16. UNFINISHED BUSINESS - APPROVAL RE: BOBBY JONES GOLF COMPLEX ANNUAL FEE HOLDERS CAP OF 350 ANNUAL FEE HOLDERS TO BE DEFINED AS PLAYERS RATHER THAN AS UNITS (MULTIPLE IN-FAMILY CATEGORIES) = ADD THE PERSONS THAT WERE ON THE LIST ON THE DAY OF THE LOTTERY WHO WERE NOT SELECTED AND ADD THEM TO THE PRESENT POSITIONS OF 350; THE CITY WILL THEN PROCEED TO REACH THE FIGURE OF 350 PLAYERS (RATHER THAN UNITS) THROUGH ATTRITION (AGENDA ITEM VII-3) #3 (1085) through (2625) Peter Schneider, Deputy City Manager, stated that there were a number of items that were discussed at the budget workshop held on July 16, 1993 which the Commission asked to have brought back with additional input; that the recommendation is to set the number of annual fee holders at Bobby Jones Golf Complex at 350 players rather than 350 units; that a unit is a multiple-person category and could and does consist of a husband and a spouse; that the Staff followed up with the National Golf Foundation (NGF) to find out their intent and NGF responded in writing that the intent of the number of 350 was players and not multiple-person categories. Commissioner Merrill returned to the Commission Chambers at 9:31 p.m. Mr. Schneider stated that other items discussed at the budget workshop which can be implemented administratively are: (1) single rider golf carts and (2) permitting less than foursomes to play; that these will be relatively easy to implement with the automated tee time system and the Administration intends to do this. Mr. Schneider continued that another item discussed in the workshop was extending the time for mandatory carts from 12:00 to 1:15 p.m.; that the Staff proposes not to do this at this time; that the situation will be monitored through the season with the automated tee time before a recommendation is made on this. Mayor Pillot asked whether the Administration recommended reducing the annual fee holders through attrition? Mr. Schneider stated that was correct. Commissioner Cardamone asked whether there is a price difference for an annual fee holder that is a single person versus a fee holder that is a couple? Mr. Schneider stated that the proposed 1993-94 rate for a single City resident is $658 and for a City family it would be $1,050; that the rate for a non-City single fee holder would be $830 and a non-City family would be $1,324; that these rates reflect a 5% increase from 1992-93 to 1993-94. Vice Mayor Patterson asked whether the Administration made calculations that the more time played by daily fee players will more than make up the difference in dollars to the course in spite of the fact that there will be fewer annual fees collected? Mr. Schneider stated that was correct. Joseph Bevilacqua, 1336 Oak Park Avenue, representing the Bobby Jones Golf Association, came before the Commission and stated that he is representing, Harold Grabb because Mr. Grabb was taken to the hospital this morning for surgery; that Mr. Grabb wrote a letter to the Commission and asked him to read it to the Commission: "As a property owner, taxpayer and golfer, I feel that the City and manager of Bobby Jones Golf Course are discriminating against the local citizens who support this complex all year. We are the workers and retirees who spend our time and money in Sarasota. We pay our way in everything we do, but to have to pay $25.00 per person per round of golf at our public course is ridiculous. My wife and I like to play an average of 2 - 3 times a week. This means during prime time it would cost us $100.00 to $150.00 a week, if we are careful not to buy extras like food, drink or equipment at Bobby Jones Golf Course. To pay $25.00 = $50.00 a round of golf for a tourist, who expect to pay while they play during their vacation, is not unreasonable but $25.00 for local average citizens who work for a living at wages of $5.50 - $7.00 an hour is out of the question. All retirees are not rich, some of us live on Social Security and a very small pension. Bobby Jones is a beautiful public golf course that we should be proud of, have the opportunity to enjoy and play whenever we like. Annual-fee holders should not be told they can play only at designated tee times, because the rest of the tee times (during prime time) are reserved for whoever has the big bucks. Walkers at Bobby Jones are now restricted to early morning hours 7:00 A.M. to 8:30 A.M. when playing golf is wet and dirty, also they can walk after 12:00 noon. If new restrictions are implemented and walkers aren't permitted until after 2:00 Book 35 Page 9660 09/20/93 6:00 P.M. E Book 35 Page 9661 09/20/93 6:00 P.M. P.M. they will not be able to play 18 holes because of darkness. I realize those who are setting these fees have no idea what the average citizen can afford to pay for a round of golf. If you averaged annual fee holder's fees, county and city, it would be about $1,000.00 each and if we had as many annual fee holders as we had in the early 1980s. You wouldn't be collecting $230,000.00 a year, but well over $800,000.00. That would be money that would be up front that you could use all year." Mr. Bevilacqua stated that the morale of the golfers at Bobby Jones Golf Complex (BJGC) is about as low as it can get; that he feels the Commission should reevaluate the whole situation. Mayor Pillot stated that he wants to point out that it is not the manager of the golf course who is doing this; that the manager operates the course under the Commission's instructions. Commissioner Cardamone asked that Mr. Schneider respond to the statement about collecting over $800,000 a year. Mr. Schneider stated that right now BJGC has 350 units or 437 players for $260,000 of annual fee revenues, which is well below $1,000 per person; that there used to be in excess of 800 annual fee holders; that if the City had $800,000 in annual fee revenue, there would be very little in daily fee revenue because the 800 (players) would virtually use all of the tee times. Vice Mayor Patterson stated that it would also mean that the City was maintaining a golf course in a City of 50,000 people for 800 people, which is inequitable. Vice Mayor Patterson asked what it normally costs for a daily fee player at another course? Mr. Schneider stated that there may be one or two regulation courses that can be played for within a dollar or two of Bobby Jones Golf Complex; that (the rates charged by) BJGC is the low end of the courses in this community. Vice Mayor Patterson asked what the high end is? Mr. Schneider stated that a public access course might cost as much as $48; that generally most of the other (public access) courses are in the $30s. Vice Mayor Patterson stated that her vision for the BJGC is to see reinvestment in the course to see the whole facility be a top notch one of which the City could be proud; that she would like to see the fees always be at the bottom of what it costs to play golf as well as achieve a revenue source to the City. Aubrey Bowers, 3624 Pin Oaks Street, and Ken Kelch, 1520 Glen Oaks Drive, #351C, representing the Bobby Jones Advisory Committee, came before the Commission. Mr. Kelch stated that he is the Chairman of the Bobby Jones Advisory Committee; that he feels Ray Grady, Manager of BJGC has done an excellent job for the last four year; that the new irrigation system is showing tremendous improvement; that the new concrete cart paths have been installed and are producing additional revenue; that nine new bridges have been installed; that 100 Live Oak trees were planted on both courses; that new pressure-treated fencing has been installed around the clubhouse and the Executive Course on Circus Boulevard; that the pro shop has gone from bankruptcy to a gross figure of over $100,000 in 1992; that the new tee time system is working very well; that the Advisory Committee supports the renovation of the greens on the British Course. Mr. Bowers stated that a lot of the golfers have concerns about the tee time situation; that there are 25 people which were on the lottery list last year who were not selected; that 6 people have requested their names be added to the list, for a total of 31 people. Mr. Bowers continued that the number of 350 (annual fee players) is nebulous to balance a number of annual fee holders with green fee players; that he suggests that the City continue to work with groups (units) rather than individuals; that he suggests that the figure of 350 be changed to 300 units. Commissioner Merrill stated that the Bobby Jones Golf Complex is what helps to maintain in a significant way the tax base of the Glen Oaks area. Mayor Pillot stated that the City could honor the 25 people who put their names in the lottery last year but were not selected by allowing them to become annual fee holders; that the Commission could then adopt the Administration's recommendation by attrition to bring the number of annual fee holders down to 350 people. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to take the persons that were on the list on the day of the lottery and. add them to the present positions of 350 and after these persons are added, the City will proceed to reach the figure of 350 players (rather than units) through attrition. Motion carried (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 17. UNFINISHED BUSINESS = REPORT RE: STATUS OF THE MAIN STREET PROJECT, HIRING MANDATES; ETC. = NO ACTION NECESSARY (AGENDA ITEM VII-1) #3 (2627) through (3275) Book 35 Page 9662 09/20/93 6:00 P.M. Book 35 Page 9663 09/20/93 6:00 P.M. Dennis Daughters, City Engineer, came before the Commission and stated that the Main Street Improvement Project is on schedule; that the sidewalk has been removed and the concrete portion replaced from Gulf Stream Avenue to Pineapple Avenue, with the exception of the first block on the south side between Gulf Stream Avenue and Palm Avenue because of the reconstruction of the Orange Blossom Hotel; that all of the demolition has been accomplished and utilities installed between Gulf Stream Avenue and U.S. 41; that the work is being done one block at a time as originally specified; that the brick paving between the new concrete sidewalk and the curb will begin being placed soon. Mr. Daughters continued that the concrete/brick sidewalk combination has to be completed in the area from Orange Avenue to Five Points by February 1, 1994; that the contractor thinks this will be completed earlier than February 1; that the total project completion date is the middle of June 1994. Mr. Daughters stated that business access has been provide continuously; that the businesses along Main Street have been extremely cooperative; that the contractor has also been very cooperative. Mr. Daughters stated further that he would like to give oral reports like this to the Commission at every Commission meeting. Commissioner Atkins left the Commission Chambers at 10:10 p.m. Vice Mayor Patterson asked how many people had been hired pursuant to the EDA (Economic Development Association) specifications? Mr. Schneider, Deputy City Manager, stated that Goodwill Industries has advised the Administration that ten individuals had been hired as of September 1. Commissioner Atkins returned to the Commission Chambers at 10:13 p.m. Commissioner Cardamone stated that she had attended the Downtown Association's general membership meeting recently and Alexandrea Hay, Assistant City Engineer, made a nice presentation about the project; that no one had any questions to ask Ms. Hay, which seems to indicate there is a great deal of satisfaction with the project. Commissioner Atkins stated that he would like to request that in the future the Commission receives a report on the percentages of the people being hired; that he walked down Main Street last Saturday night and wanted to complement the contractor on how clean the construction was. 18. UNFINISHED BUSINESS = DISCUSSION RE: POLICE TASK FORCE = REQUESTED THE CITY MANAGER TO DEVELOP A PLAN TO WORK TOWARD THE ELIMINATION OF ILLEGAL SUBSTANCES IN THE CITY OF SARASOTA (AGENDA ITEM VII-2) #3 (3277) through #4 (0504) Vice Mayor Patterson stated that suggestion has been made to comprise a committee rapidly; that the Police Task Force could determine some of their own methodology and path; that the Commission would not dictate to them; that the committee would be composed of ten (10) members as follows: Director of Public Safety; City Manager; Commander of Support Services Two (2) representatives from operating manpower of the Police Force, one chosen by PBA and one chosen by Administration; and Five (5) members of the Public, one chosen by each Commissioner. Vice Mayor Patterson continued by referring the Commissioners to the mission of the Task Force on Public Safety which she had edited to read as follows: "To examine current utilization of resources in Sarasota Police Department and make recommendations for maximizing those resources. To identify any apparent areas where the department and its support services could operate in a more cost effective manner. To identify areas where City and County, might work more effectively together in addressing mutual concerns. Citizen input, departmental input, and information from other cities should be solicited. 27 Vice Mayor Patterson stated that she felt the most potential area for savings was in support services, and that the Commander of Support Services should be included on the Task Force. Commissioner Merrill stated that he supports the direction in which Vice Mayor Patterson is trying to proceed, but the goals are too nebulous; that the Commission should proceed toward one of their goals such as eliminating illegal substances; that illegal substances are causing much of the crime in the City and much of the expense; that the Public Safety Department should be directed to draft a plan listing resources and measures necessary to eliminate illegal substances. Commissioner Merrill stated that the Task Force could come back with some support service that could be consolidated which may be forgotten about in two yearsi that the Commission should come up with a concrete plan relating to their #10 goal to eliminate illegal substances and focus on results; that the Police Department is currently given a budget and told to keep the public safe; that he finds it hard to evaluate because the Police Department is doing an excellent job; that the people are excellent, the support Book 35 Page 9664 09/20/93 6:00 P.M. Book 35 Page 9665 09/20/93 6:00 P.M. service is excellent, the equipment is excellent, but the Public is not satisfied with the results; that illegal substances, prostitution, and murders have not been eliminated; that these problems should be targeted by categories with real plans and resources; that Charlie Wells, Manatee County Sheriff, focuses on specific items, goes after them, and gets a mandate; that the City of Sarasota has the ability to get an excellent report. Commissioner Atkins stated that he supports Commissioner Merrill's position to identify an area to impact upon in a more concentrated way; that initiative could be taken to target the #10 goal of the Commission Goal Chart; that measurable movement could be achieved in a problem that is costing the City astronomical money as well as forfeiture funds. Vice Mayor Patterson stated that she supports Commissioner Merrill's suggestion, but that the this proposed Task Force will not have the expertise to create a workable plan to address the elimination of illegal substances; that a Committee addressing the elimination of illegal substances should be formed from the Judiciary system; that her motivation to change the mission of the Task Force on Public Safety was to produce a lever to apply political pressure to the County's Sheriff Department, which is also funded by the City; that the County's Sheriff Department has been asked to form a proposed task force previously and has expressed a lack of interest; that two different issues are being addressed; that she would vote for targeting illegal substances in the City, but that she does not see a role in it for this proposed task force. On motion of Commissioner Merrill and second of Commissioner Atkins it was moved to request the City Manager to develop and bring to the Commission a plan to work toward the elimination of illegal substances in the City of Sarasota. Motion carried unanimously (5 to -0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Vice Mayor Patterson stated that the logical thing to do would be to table the Task Force; that the real motivation was the fact that enormous amounts of dollars are spent on public safety; that the cost seems uncontrollable; that despite having good employees working in a constructive fashion, satisfaction from the people receiving the services is not achieved; that people who are interested in the Task Force are asking her "What's happening to this?" Mayor Pillot stated that since no action was taken, it was not necessary to table; that the item could be brought back at her discretion. Commissioner Cardamone stated that she supported the task force concept immediately; that at the Voter's meeting during the election campaign every neighborhood in the City and other area representatives came forth with their lists of concerns; that almost every person addressing the candidates brought to that forum some concern about what they thought they should be, but were not getting from the Police Department; that some concerns were as easy as enforcing No Truck signs on Osprey Avenue, or as difficult as drugs and prostitution on Central Avenue; that it seemed that every single person was one more time crying that "We're not this 33 seeing happen. Commissioner Cardamone stated that the original concept she was and is willing to support was a task force for public perception; that the public is getting the service, but they just don't realize it; that crazy little things like how many tickets are given for no through trucks or moving a park bench because prostitutes sit on it make people interested in "Why do we spend so much money on police, and are we really getting what my neighborhood thinks it should have, and what your neighborhood thinks it should have." Commissioner Cardamone stated further that she was looking at this proposed task force to solve the problem of perception. Mayor Pillot stated that he agreed with Commissioner Cardamone; that he had no disagreement with the mission, only how it would be reached; that the public, as it is represented, is clearly the best source to tell the Administration and the Commission what they want from a Police Department; that he did not think that the general public is the best source to say how to accomplish the solutions; that the solutions require expertise in law enforcement; that he had a problem with the composition of the proposed Task Force; that identifying areas where the department and support services can operate in a more cost-efficient manner requires professional knowledge; that citizens tell us what they expect from their Police Department; that all that material must be collated and organized into categories; that the material should be given to the experts, professionals both inside the City and perhaps some outside the City, as "Here's what the Public tells us they want, now you professionals tell us how to get this done. 9 Mayor Pillot continued that he did not think the general public is the source to say how to operate and utilize the resources of a department; that he supports what Commissioner Merrill, Commissioner Atkins, and Commissioner Cardamone said; that he supports this mission, but approaching it with a different composition of expertise. Vice Mayor Patterson asked Mayor Pillot if he agreed with half of the composition. Mayor Pillot stated that he agreed with the Director of Public Safety, the City Manager, and two representatives from the Book 35 Page 9666 09/20/93 6:00 P.M. Book 35 Page 9667 09/20/93 6:00 P.M. operating manpower; that he thought the Police Chief was a better choice than the Commander of Support Services for a variety of reasons. Vice Mayor Patterson stated that the only reason she added the Commander of Support Services was to address support services; that if support services could be economized, which she thinks is the only reason why the Police and Fire Department would be consolidated, more money would be available for manpower for actual police services. Mayor Pillot agreed and stated that he agreed with everything of the Task Force on Public Safety except for the personnel; that he would like to substitute the Police Chief for the Commander of Support Services; that the Director of Public Safety clearly can speak for the support services because they report to him. Commissioner Merrill stated that if the committee is being limited to the City staff of the Police Department, theoretically they have already done what the Commission is asking them to do in terms of efficiency because a budget has just be completed. Mayor Pillot stated that he hoped that Vice Mayor Patterson would keep the Task Force on Public Safety alive; that the Commission should first obtain the public input which Commissioner Cardamone referred; that input heard at the Waldemere Fire Station (Voter's meeting) was important input but from a numerically limited number of people; that he would strongly support the public telling the Commission what's good that they see happening, what they want more of, and what they would like changed; that all of that data from a large number of people should be combined in an organized fashion and given to a committee with law enforcement specialists from inside and/or outside; that the committee should come back to the Commission through the City Manager and state recommendations for maximizing the City's resources; that then the mission is excellent. Commissioner Merrill stated that the issue of perception is the reason he supported the Community Resources Teams, putting Police Officers throughout the City on bicycles which makes them more highly visible; that he was engaging more in perception than in good law enforcement; that he does not want to deal with perceptions anymore, but wants to attack the problem; that he believes the problem starts with drugs which creates these criminals and then takes over. Vice Mayor Patterson stated that she was going abandon the Task Force because she did not feel that it should be a group of people to come and tell the Commission what it is that they want from the Police Force because they want everything from the Police Force; that the Commission knows what people want from the Police Force; that the problem is that it would be impossible to adequately provide for all these needs; that one of the most important things the Commission could decide would be what Commissioner Merrill wants to pursue; that she flinched when Commissioner Cardamone stated that this group would deal with the perceptions of what the Police Force was not doing correctly; that the city can not afford to spend that amount of manpower dealing with whether people perceive the City's Police doing or not doing an adequate job; that her district perceives that their taxes are substantially too high; that they hardly see any police when they need them; that they would not be willing to raise their taxes to have a greater perception of safety; that the Commission should move on with the one thing they agree on. Mayor Pillot stated that Police Officers should know that the Commission feels strongly about them; that the Police Chief and the Director of Public Safety should be given reasonable time to bring about the changes and improvements that inevitably will happen. Vice Mayor Patterson stated that there were two mayors at the annual Florida League of Cities conference in Fort Lauderdale whose cities combined Police and Fire into Public Safety by imitating some larger cities in the country; that the concept to them meant that Police and Fire were cross-trained; that she brought this concept up at a previous Commission meeting; that she was told that Police and Fire were different groups and didn't want to do each other's job; that from what she has heard that is what a Public Safety Department really means. 19. NEW BUSINESS DISCUSSION RE: THE BUREAU OF JUSTICE ASSISTANCE POLICE HIRING SUPPLEMENT PROGRAM = NO ACTION TAKEN: THE COMMISSION WILL RECONSIDER THE ISSUE IF THE POLICE LIEUTENANT ELIGIBLE FOR RETIREMENT DOES RETIRE (AGENDA ITEM VIII-1) #4 (0505) through (0713) City Manager Sollenberger stated that the City has received notification that President Clinton's program is to put 50,000 Police Officers on the street; that there will be three deadline dates for applications, with the first application date in October 1993; that a decision needs to be made whether to participate in the funding or not; that he feels participating in a funding request would be totally counter to what the Commission is trying to accomplish financially with the City's budget; that he thinks this decision needs to be made by the City Commission. Mr. Sollenberger continued that the analysis provided by Police Services Chief Jolly shows that if the City participates, it will receive a maximum of $1 million over a three-year period; that the City could get up to $75,000 per police officer; however, the City would have to contribute approximately $44,000 per police officer; Book 35 Page 9668 09/20/93 6:00 P.M. Book 35 Page 9669 09/20/93 6:00 P.M. that the City's share could be more in the event of salary increases during that three-year period. Vice Mayor Patterson stated that this item should have been presented with the budget to determine funding; that there is funding in the budget for a police lieutenant who may or may not retire. Vice Mayor Patterson asked whether the grant application had to be submitted immediately? Mr. Sollenberger stated that it was not imperative to submit paperwork at this time. Vice Mayor Patterson stated that she would like the Administration to advise the Commission if the police lieutenant retires and this issue could be discussed further. Commissioner Merrill asked whether the City could withdraw its request at a later date? Mr. Sollenberger stated that a lot of work would be involved to complete the applications; that if the City is not serious about this project, he would prefer not to devote the time to this; that he would rather devote the time to addressing the request the Commission just presented to have the Administration develop a plan for eliminating illegal substances. Mayor Pillot (who passed the gavel to Vice Mayor Patterson) moved to ask the City Manager to fill out the application; that if the City is successful, the matching dollars be found in the best possible place the City Manager can find the dollars, including reserves as a last resort. The motion died for lack of a second. Vice Mayor Patterson returned the gavel to Mayor Pillot. Commissioner Atkins stated that he agrees with Vice Mayor Patterson's suggestion that if the police lieutenant retires, the Commission will reconsider this possibility. Commissioner Merrill stated that he agreed. 20. BOARD APPOINTMENTS (AGENDA ITEM IX) #4 (0714) through (0714) There were no Board Appointments. 21. REMARKS OF COMMISBIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = DIRECTED THE CITY MANAGER TO HAVE A PLAQUE APPROPRIATELY PLACED IN HONOR OF MR. JOHN ROBINSON (AGENDA ITEM X) #4 (0715) through (1101) VICE MAYOR PATTERSON: A. stated that she has requested a synopsis of the hours spent and the results achieved from the City's Quality Improvement teams. City Manager Sollenberger stated that he will respond to Vice Mayor Patterson's request with a memo and a brief presentation to the Commission. B. stated that the weeds at Bayfront Park are starting to come back in certain sections; that she understands that the City has a contract (for maintenance) effective October 1st; however, she feels the area needs to be maintained beautifully if the City wants to bring about rapid public acceptance of the bayfront project. C. stated that she heard that the Boy Scouts wanted to hold an event at Bayfront Park but were told by the Deputy City Manager that the Commission had not directed the Administration on any policy on use of the bayfront; therefore, at this time no groups could be allowed to use the area; that she feels the Commission has been neglectful in not demanding this issue be an agenda item; that the Commission needs to discuss what types of groups and functions can take place at the bayfront; that she feels crafts fairs should be held at the bayfront; that she feels the bayfront should be used. There was a consensus of the Commission to request that the Administration present this issue as an agenda item. D. stated that she supported a tax increase this year very reluctantly largely due to an Administrative promise that the City would not look at a tax increase next year; that she has set a level of where she is willing to lay employees off and reduce services to the City; that this is the reason she is taking a tough line on health care expenses and longevity pay increases. COMMISSIONER CARDAMONE: A. stated that the County Commission has recently approved a rock wall along Big Pass; that she is concerned because this wall is very close to what will now be City residential properties; that she would like more information as to what the County Commission actually approved. MAYOR PILLOT: A. stated that there was an extremely well written memorial to Mr. John Robinson in a recent copy of the Gillespie Book 35 Page 9670 09/20/93 6:00 P.M. Book 35 Page 9671 09/20/93 6:00 P.M. Park Neighborhood Association newsletter; that the Association intends to plant a tree as a memorial to Mr. Robinson; that he suggests that the City provide a plaque to be appropriately placed in appreciation for the work that Mr. Robinson did; that the City Manager has indicated that a plaque could be placed within the scope of the neighborhood improvement program if the Commission approves. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to direct the City Manager to have a plaque appropriately placed in honor of Mr. John Robinson. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. B. stated that he had the pleasure of representing the City at Mote Marine to watch the mural painted on a wall by Wyland; that he asked that anyone who goes to see the mural pay particular attention to the large turtle in the lower left-hand part of the mural; that Wyland had permitted his wife, Beverly, and him to paint a couple of barnacles on the turtle. C. stated that a matter of extreme importance to the City of Sarasota is that Commissioner Atkins has publicly stated that he intends to be a candidate for the Board of County Commissioners in November 1994; that Commissioner Atkins has exhibited knowledge, experience, and personal wisdom during the 45 years he has worked with him; that he hopes Commissioner Atkins makes the decision to stay with the City Commission as long as he may legally do so. 22. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (1102) through (1107) There were none. 23., ADJOURN (AGENDA ITEM XII) #4 (1108) The Regular Maeting of the Sarasota City Commission of Septen.ber 20, 1993 was adjourned at 10:58 p.m. 527 DHL6 GENE M. PILLOT, MAYOR ATTEST: BillE Rulunson BILLY E ROBINSON, CITY AUDITOR AND CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME' NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson, Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 707 Freeling Drive X CTEY. : ! COUNTY 11 OTHER L.OCAL AGENCY CITY COUNTY NAME OF POLITICAL. SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON W'HICH VOTE OCCURRED MY POSITION IS: September 20, 1993" X ELECTIVE 11 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by àny person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or commitree. It applies equally to members of advisory and non-advisory bodies who are predented with a voting conflict of intèrest. under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although thé use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (fother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO.MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and filei it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in* the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Nora Patterson hereby disclose that on September 20 19.93 (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Settlement of a lawsuit between the City of Sarasota and Marina Jack. My husband is a partner in the law firm that represents Marina Jacks. September 22, 1993 Aton Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM RB 1A-86 PAGF 2