MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 3, 2014

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1 Book 63 Page MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 3, 2014 PRESENT: Mayor Willie Charles Shaw, Vice Mayor Susan Chapman, Commissioners Suzanne Atwell, Paul Caragiulo and Shannon Snyder, City Manager Thomas Barwin, City Attorney Robert Fournier, and City Auditor and Clerk Pamela Nadalini ABSENT: None The meeting was called to order by Mayor Shaw at 2:30 p.m. INVOCATION: City Auditor and Clerk Nadalini PLEDGE OF ALLEGIANCE: Vice Mayor Chapman 1. CHANGE TO THE ORDER OF THE DAY City Auditor and Clerk Nadalini presented the following Change to the Order of the Day: A. Add under Unfinished Business, Item No. IV.4, Discussion Re: Request from Joe Hembree regarding the Pad Lite Site and the unused adjacent City property, per the request of Deputy City Manager Marlon Brown. Mayor Shaw noted Commission consensus to approve the Change to the Order of the Day. 2. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) The following people spoke: Frank Brenner read a prepared statement indicating the hamlet of Gulf Stream, Florida, in Palm Beach County is about to file a federal racketeering lawsuit against two residents who are operating under the contrived front of a Citizens Awareness Foundation. Edward Whitehead, retired former Sarasota Deputy Police Chief City and member of the Benefits Focus Group since the inception, read a prepared statement indicating the proposed health insurance changes previously made to the Commission were neither discussed with the Benefits Focus Group or retirees, resulting changes to the medical plan would create extreme hardship for many retired employees who so faithfully served the City in the past. Tom Fields, retired former 27 year Firefighter, read a prepared statement indicating the proposed health insurance changes are a financial disaster waiting to happen, surviving spouses lose 30 percent of their income when a retiree passes away and a question is what will happen to retirees who are not eligible for Medicare. John Lewis, retired former Sarasota Police Chief, indicating the City s process appears not to have been followed which is of concern, the first-time hearing about the proposed health insurance changes was at the September 30, 2014, Sarasota City Commission Workshop, Presentation and Discussion Regarding: OPEB (Other Post-Employment Benefits), which does not allow public input. Alan Woodle, retired former Sarasota Police Captain and Chairman of the Benefits Focus Group, read a prepared statement indicating the recently announced increases in the health insurance premiums were initiated without City Staff providing information to retirees to assess the severe financial ramifications for low-income retirees. Steve Campion, recently retired Sarasota Police Officer as of October 24, 2014, which was the same day he found out about the proposed health insurance changes without notice from the City but by word of mouth, the proposed health insurance changes are very concerning.

2 Bruce Porter, distributed to the Commission and read into the record a copy of a letter from his attorney, Armando Ortiz, Esquire, Feldman Morgado, PA, indicating the firm has been retained by a group of pre City of Sarasota retirees to represent their interests in the no-cost health insurance the City promised them prior to and during their employment and upon retirement. Jeff Gueli, retired former Sarasota Lieutenant Paramedic, read Section (1), Florida Statutes, Group Insurance; participation by retired employees, indicating any state agency, county, municipality, special district, community college, or district school board which provides life, health, accident, hospitalization, or annuity insurance, or all of any kinds of such insurance for its officers and employees and their dependents upon a group insurance plan or self-insurance plan shall allow all former personnel who have retired prior to October 1, 1987, as well as those who retire on or after such date, and their eligible dependents, the option of continuing to participate in such group insurance plan or self-insurance plan. John McCord, retired former City Firefighter, indicating many incidents and stories are recalled such as the time when a fellow firefighter contracted hepatitis from a patient and months of recovery were required which caused much worry for his family, the hope is the Commission will reconsider the decision concerning retirees' medical insurance premiums which would be devastating to many low-income retirees and families. Wayne Welsh, retired former Sarasota Battalion Chief, indicating the City promised him a secure pension and health care benefits which were affordable for him and his family, and he promised to do everything he possibly could to protect lives and properties within the City of Sarasota, Florida, he kept his promise and the hope is the City will keep theirs. Darren Briggs, read from notes within his cellular telephone on behalf of retirees, indicating the City is trying to reduce liabilities and save taxpayers money which is realized, health care costs are expected to increase over the years, however, what is being proposed is drastic and the Commission is urged to reconsider the changes. Ted Lang, retired former Firefighter, indicating employees contributed four percent of their earning via raises to make up the necessary four percent which added up millions of dollars, the question is where did the money go for ten years, if City had been saving since 2007? 3. APPROVAL OF MINUTES (AGENDA ITEM II) Vice Mayor Chapman stated that the minutes of the October 20, 2014, Regular Sarasota City Commission meeting under Agenda Item VI, Item No 3, Unfinished Business, Direction Re: Follow up to the City Commission Workshop held September 30, 2014, Concerning OPEB should be clarified to read: the most cost-savings will not be realized by the City by selecting Option I which is the midrange savings Option; however, savings will be realized for the City even though selecting the mid-range Option I and savings is realized for the OPEB liability instead Option I is the mid-range savings Option; that not much savings can be realized for the City even being mid-range; however, some savings is realized for the OPEB liability Vice Mayor Chapman stated that the clarification more accurately reflects her intention. City Auditor and Clerk Nadalini stated that the clarification to the minutes of the October 20, 2014, Regular Sarasota City Commission meeting could be made with Commission consensus. Mayor Shaw noted Commission consensus to approve the minutes of the October 20, 2014, Regular Sarasota City Commission meeting with the noted clarification. Book 63 Page 34769

3 Book 63 Page CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) Vice Mayor Chapman removed from Consent Agenda No. 1, Item No. 3, for discussion. 1) Approval Re: Ratification of the Agreement between the City of Sarasota and The Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen and Helpers, affiliated with the International Brotherhood of Teamsters, Local No. 173, for October 1, 2014 through September 30, 2015 (Agenda Item IV-A-1) City Attorney Fournier stated that included in the Agenda backup material is a copy of the Ratification of the Agreement (Agreement) between the City of Sarasota and The Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen and Helpers, affiliated with the International Brotherhood of Teamsters, Local No. 173, which was signed by Deputy City Manager Marlon Brown; that the City Attorney s Office requested for this to be a subsequent Agreement to be signed by the Mayor; that Staff informed the City Attorney s Office about the historical practice of preparing the Memorandum of Understanding (MOU) which is a supplement or addendum to the Collective Bargaining Agreement and which in the past has not been signed by the Mayor but rather by the Human Resources Director; that the motion would include providing authorization for the Human Resources Director to sign the MOU which is the historical practice. In response to a question from Commissioner Snyder asking if the City Charter has requirements for signing authorization, City Attorney Fournier stated yes; that this Agreement would not be authorized until the Commission votes. Discussion ensued about signing authorization for agreements and contracts per the City Charter. 2) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Extension of Agreements between the City of Sarasota, Jensen and Group Engineering Consultants, LLC, DMK Associates, Inc., and Hazen and Sawyer, P.C., (RFP #12-34K) pertaining to Consulting Civil Engineer Services-Small Utility Projects on an as-needed basis (Agenda Item IV-A-2) A motion was made by Commissioner Atwell, seconded by Vice Mayor Chapman, and carried by a 4-1 vote with Commissioner Snyder voting no to approve Consent Agenda No. 1, Item Nos. 1 and ITEMS REMOVED FROM CONSENT AGENDA NO.1 (AGENDA ITEM IV-A-3) 1) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the agreement between the City of Sarasota and Spectrum Underground, Inc., (ITB #14-63BK) pertaining to Emergency Watermain Replacement at Hudson Bayou in the amount of $247, (Agenda Item IV-A-3) Director Russell Mitt Tidwell, Utilities Department and Matt Taylor, P.E., Division Manager Florida Water Infrastructure, Atkins Consulting Engineering, came before the Commission. Mr. Tidwell stated that Mr. Taylor is a representative of the engineering firm which designed the project. In response to a question from Vice Mayor Chapman asking the depth of the pipes to be installed under the Hudson (Bayou) Bayou in the proposed project, Mr. Taylor stated that the depth is approximately 10 feet below the bottom of the channel and varies to as much as 26 feet deep. In response to a question from Vice Mayor Chapman asking for a comparison of micro-tunneling versus the horizontal directional drill method, Mr. Tidwell stated that the two methods are slightly

4 different technical processes; that with micro-tunneling, the head is steered and removes soil; that with the horizontal directional drill method a much smaller pilot hole is made and the reamer is pulled back in the opposite direction for expansion to allow pulling the pipe in. In response to a question from Vice Mayor Chapman asking if the insurance of the driver who caused the accident resulting in the damage would be obligated to cover some of the cost, Mr. Tidwell stated that the City has filed a claim with the driver s insurance company; that the full cost of the repairs is unknown until the work is completed; that the belief is the driver s insurance policy has a coverage limit of $100,000 for property damage and the City's cost will exceed the amount. Discussion ensued about the various existing sub-surfaces, the possibly of limestone beneath the Bayou, street names listed in the Agenda backup material as related to the project were referenced as the result of soil borings or subsurface geotechnical investigations conducted in and around the general areas and the possibility of drilling fluid escaping. A motion was made by Commissioner Snyder, seconded by Vice Mayor Chapman, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item No CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) Commissioner Atwell requested Consent Agenda No. 2, Item No. 3, be removed for discussion, and Vice Mayor Chapman requested the same item be removed for discussion. 1) Adoption Re: Proposed Resolution No. 15R-2453, adopting the Revised Position Classification/Compensation Plan; authorizing employees, for whom collective bargaining is not required, except provided herein, an increase in the rate of pay as provided herein, effective October 1, 2014, authorizing the City Manager and City Auditor and Clerk to continue to administer the revised Classification/Compensation plan requirements; providing compensation for longevity; authorizing, Surety Bond and the amounts thereof, etc. (Title Only) (Agenda Item IV-B-1) 2) Adoption Re: Proposed Resolution No. 15R-2455, amending the budget for the fiscal year beginning October 1, 2013 by providing for supplemental appropriations in the amounts identified in Exhibit A; providing for severability if any of the parts hereof are declared invalid, etc. (Title Only) (Agenda Item IV-B-2) 4) Adoption Re: Second reading of proposed Ordinance No , amending Ordinance No which will be codified in the Sarasota City Code, Chapter 25, Planning, Article II, Multimodal Transportation Impact Fee, so as to exempt from said impact fee all new development within in the portion of the Sarasota County/City of Sarasota Enterprise Zone located within the city limits; providing for the severability of the parts hereof if declared invalid; providing for repealing of ordinances in conflict herewith, etc. (Title Only) (Agenda Item IV-B-4) City Auditor and Clerk Nadalini read proposed Resolution No. 15R-2453 and proposed Ordinance No by title only. A motion was made by Commissioner Snyder, seconded by Commissioner Atwell, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item Nos. 1 and 4. City Auditor and Clerk Nadalini apologized and stated that she had not realized Consent Agenda No. 2, Item No. 2, was not removed and read Resolution No. 15R-2455, by title only. Book 63 Page 34771

5 Book 63 Page A motion was made by Commissioner Snyder, seconded by Commissioner Atwell and carried by a 5-0 vote to approve Consent Agenda No. 2, Item No ITEMS REMOVED FROM CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B-3) 1) Adoption Re: Proposed Resolution No. 15R-2456, amending the budget for the fiscal year beginning October 1, 2014 by providing for supplemental appropriations in the amounts identified in Exhibit A; providing for severability if any of the parts hereof are declared invalid, etc. (Title Only) (Agenda Item IV-B-3) Commissioner Atwell stated that proposed Resolution No. 15R-2456 amending the fiscal year (FY) 2014/15 budget to use $50,424 of the General Fund to hire a full-time Commission Reporter in the Office of the City Auditor and Clerk was removed from Consent Agenda No. 2 for discussion. City Auditor and Clerk Nadalini stated that the request is made as a follow-up to past discussions with the Commission and the City Attorney regarding notice and minutes of private meetings or activities outside of City Commission scheduled meetings if two or more Commissioners will be attending; that the Office of the City Auditor and Clerk is required to take minutes of all City Commission meetings, Workshops and Community Redevelopment Agency (CRA) Board meetings for the Commission body as a whole in accordance with the City Charter; that hiring an additional Staff member will allow the Office of the City Auditor and Clerk to accommodate the requests and interests of two or more Commissioners to attend private meetings or activities outside of City Commission scheduled meetings; that the request for a full-time Commission Reporter rather than a part-time Commission Reporter is in the past the Office of the City Auditor and Clerk had employed three to four full-time Commission Reporters; that to-date the Office of the City Auditor and Clerk only employs one Commission Reporter who has the responsibility for taking all the minutes for the City Commission meetings and workshops; that Staff is currently working extended hours for scheduled City Commission meetings in order to produce draft minutes in a timely manner for Commission approval; that hiring another Commission Reporter will enable the area of Commission Support to be better managed with more efficiency due to the numerous scheduled Commission meetings and to support the requests and interests of two or more Commissioners to attend private meetings or activities outside of City Commission scheduled meetings and at which a matter which may reasonably be foreseen to come before the Commission for action. Commissioner Atwell read the following excerpt from minutes of the September 9, 2014, Sarasota City Commission Special Meeting, under Agenda Item III, Other Matters/Administrative Officers, and asked if the issue has risen to the level of hiring a full-time Commission Reporter as the Deputy City Manager indicated two individuals are currently under contact with the City to take minutes: In response to a question from Commissioner Snyder asking if the work could be subcontracted to a stenographer, City Attorney Fournier stated that no legal impediment exists to doing so. Deputy City Manager Marlon Brown, City Manager s Office, came before the Commission and stated that the City has contracted with two individuals to prepare minutes who are not considered to be City employees; that the two individuals are utilized on an as-needed basis for taking minutes; that one individual prepares minutes for the Nuisance Abatement Advisory Board for approximately $25 per hour per meeting; that the other individual takes minutes for meetings of the Planning Board/Local Planning (PBLP) Agency for approximately $30 per hour per meeting; that one of the questions asked at the September 9, 2014, Sarasota City Commission Special Meeting, under Agenda Item III, Other Matters/Administrative Officers, was the number of meetings requiring minutes to be taken; that Staff did an analysis which showed only one such meeting has been held each month at which someone was required to be in attendance to take

6 minutes since September 2014; that the Commission will have to decide if the issue rises to the level of hiring a full-time Commission Reporter or if the minutes can be taken by the contractual, part-time individuals. Vice Mayor Chapman stated that as a Hearing Officer for the County, a panel was created and utilized for the few times when a Hearing Officer had a conflict or was not available; that the City Auditor and Clerk could develop a panel of two or more people who can be trained to take minutes and not be a full-time City employee; that the minutes could be taken by a retired individual part-time who is skilled in taking minutes and paid on an hourly basis with no City benefits; that a fourth or fifth individual on the panel could be called if the two other part-time individuals are not available; that attendance by two or more Commissioners of the same outside meeting or event is rare; that according to the City's settlement, minutes would have to be taken if two or more Commissioners attend outside meetings or events if the topic is reasonably likely for future City government action. City Attorney Fournier stated that reasonable and the possibility of foreseeable issues has always been the standard in the past; that such meetings were always noticed prior to the lawsuit; that attention was focused more on the likelihood of a Commissioner wanting to speak or be asked to address questions; that some of the most recent meetings which were noticed are: The Salvation Army Town Hall meeting held on May 14, 2014, the Argus Foundation Luncheon regarding Bayfront 20:20 held on September 23, 2014, the Bayfront 20:20 Forum held on October 27, 2014, and just recently the Coalition of City Neighborhood Associations (CCNA) meeting held this past Saturday on November 1, In response to a question from Commissioner Caragiulo asking if State law requires taking minutes, any direction concerning the scope of the minutes since outside minutes do not include motions and votes and can be taken in a synoptic format, and if having a City employee take the minutes is a necessity, City Attorney Fournier stated that State law does not set minimum standards for the quality of taking minutes; that such standards would come from the Commission upon approval; that the State law does not specify City employees must take minutes; that the minutes would become official upon adoption by the Commission; that State law does not assign responsibility for a City employee to take such minutes; that currently neighborhood associations and others are not willing to provide the City with minutes which has become problematic. Discussion ensued about neighborhood association s unwillingness to provide the City Auditor and Clerk with their minutes and bitterness of the Argus Foundation as the result of having to invite the public to their luncheon meetings to avoid unforeseen problems. A motion was made by Vice Mayor Chapman and seconded by Commissioner Atwell to direct the City Auditor and Clerk to establish a panel of individuals for taking minutes to be paid an hourly rate in the unlikely event two or more Commissioners attend outside meetings or community events. Commissioner Caragiulo asked if the motion is to direct the City Auditor and Clerk to establish a panel of individuals for taking minutes to be paid an hourly rate by denying the proposed Resolution presented and for Staff to come back with a budget amendment, discard the entire request and establish a panel of individuals for taking minutes, or is the Commission asking for something to occur without appropriation, and Commissioner Snyder stated that he agrees with Commissioner Caragiulo and had mentioned to the City Attorney in the past the likelihood of the Commission having to address the standard and quality of the minutes; that the end result will be the more costly litigation if the process is not controlled. Vice Mayor Chapman stated that the panel could consist of trained individuals; that training for official City minutes should not take more than an hour; that former City employees and those who previously worked in the Office of the City Auditor and Clerk could become a member of the panel; that an alternative would be for the City Auditor and Clerk to seek a Declaratory Judgment Book 63 Page 34773

7 Book 63 Page to indicate the Office of the City Auditor and Clerk is not required to take minutes at outside meetings or community events attended by two or more Commissioners or the Florida League of Cities (FLC) with the close rapport with the City Auditor and Clerk could represent the City Auditor and Clerk as not being required to take minutes at outside meetings or community events attended by two or more Commissioners or even notice such meetings or events in accordance with the Florida Government-in-the Sunshine (Sunshine) Law; that the City Auditor and Clerk is also invited to litigate if desired. Deputy City Manager Brown stated that the City currently has two part-time employees who have been trained in taking City minutes; that the Administration s perspective is if the City Auditor and Clerk's desire is to hire a part-time Commission Reporter or contractual employee, the item would not have to come back before the Commission and can be done administratively by the City Auditor and Clerk; that Staff will have to conduct research and the Office of the City Auditor and Clerk would be required to assure individual(s) are trained on the proper use of Granicus to ensure consistency if the Commission desires to establish a panel for taking City minutes. City Auditor and Clerk Nadalini stated that to hear the Deputy City Manager speak in-depth about the issue is interesting; that part of the problem has been requests for assistance are never fulfilled due to individuals' unavailability which was the situation for the Saturday, November 1, 2014, Coalition of City Neighborhood Associations (CCNA) meeting, of which the City Attorney was also made aware; that Staff did reach out to former City employee Janice Docking who indicated her unavailability; that Ms. Docking is retired and not always available due to travels and other commitments, and just recently took minutes at the Bayfront 20:20 Forum held on October 27, 2014; that problems with establishing a panel of individuals to take minutes can be foreseen due to availability and consistency in the minutes; that the Office of the City Auditor and Clerk's ability to hire another full-time Commission Reporter with or without benefits would be essential and allow Staff to properly train the individual concerning the required standard for preparing official City minutes which is far beyond one hour; that for clarification, the proposal for hiring a full-time Commission Reporter is not due to any litigation; that the proposal for hiring a full-time Commission Reporter is from a resource standpoint so the Office of the City Auditor and Clerk would be able to assist more efficiently to prevent the problem of two or more Commissioners attending outside meetings or community events if deemed necessary and would not eliminate the use of the two contractual individuals. In response to a question from Mayor Shaw asking if the two contractual individuals are from a service or company which provides certified services, Deputy City Manager Brown stated that the two individuals are Certified Court Reporters, Mayor Shaw stated that was not the question asked. Mayor Shaw reiterated his question and asked if the two contractual individuals are from a certified service or company, and Deputy City Manager Brown stated that he would have to verify if the two contractual individuals are from a service or company which provides certified services; that the two individuals are Certified Court Reporters; that the belief is they are from a service or company which provides such services. In response to a question from Commission Snyder asking if the two contractual individuals or the service or company would be willing to write the check or would the City be liable if litigation is brought against the City based upon the standard and quality of the minutes taken, Deputy City Manager Brown stated he would have to verify with Risk Management. Discussion ensued about multiple City Staff members receiving Compensation (Comp) Time to be present at neighborhood associations meetings and workshops, Staff generally outnumbers participants in attendance and could be tasked with taking minutes whether after hours or on weekends.

8 Mayor Shaw stated that Commission consensus is sought to table the item concerning the hiring of a full-time Commission Reporter until information is received from Staff so the Commission can make a judgment, and Vice Mayor Chapman stated that she agrees with tabling the item if two or more Court Reporters can be trained in case the need arises. City Auditor and Clerk Nadalini stated that the Commission is reminded of an upcoming Bayfront 20:20 meeting on November 13, 2014; that in the meantime, the Deputy City Manager could make the necessary arrangements for one of the two contractual individuals to take minutes if two or more Commissioners decide to attend which would be greatly appreciated; that for clarification the proposal to hire a full-time Commission Reporter is not just for taking minutes at private meetings or activities outside of City Commission scheduled meetings but to also assist with the Commission s Regular, Special, and CRA Board meetings and Workshops as a result of newly appointed Commissioners and the necessity for scheduling additional meetings and workshops; that hiring the additional full-time Commission Reporter would enable the Office of the City Auditor and Clerk to be more proactive in preparing minutes with the proper Staff and necessary resources. Mayor Shaw stated that the proposal presented is understood. Commissioner Snyder stated that in the past he came to a meeting and gracefully left when Commissioner Turner was present; that the hope is the Commission would attend meetings and events utilizing a scheduling method; that the Commission has Liaisons to establish such schedules if the Commissioners choose to use the Commission Liaisons, and Vice Mayor Chapman stated that she was specifically informed of being the only Commissioner to be present at her neighborhood association meeting and was very disappointment when another Commissioner came and she was unable to speak. City Auditor and Clerk Nadalini stated that with due respect, the City Auditor and Clerk is not delegating any authority of the City Auditor and Clerk to the City Manager s Office; that the Office of the City Auditor and Clerk is not responsible for preparing minutes for private meetings or activities outside of City Commission scheduled meetings if two or more Commissioners plan to be in attendance; that the duties of the Office of the City Auditor and Clerk in accordance with the City Charter is to provide minutes of the official business and actions of the City Commission as a body concerning Regular, Special, CRA Board meetings and Workshops; that the Office of the City Auditor and Clerk has assisted with taking minutes for private meetings and activities outside of City Commission scheduled when two or more Commissioners were in attendance; that if are two contractual individuals are taking minutes for other official City official meetings as indicated by the Deputy City Manager, a request is being made to provide such information. A motion was made by Commissioner Snyder and seconded by Mayor Shaw to table the item for hiring a full-time Commission Reporter to the November 17, 2014, Regular Sarasota City Commission meeting to afford Staff time to provide the Commission with verification of the two contractual individuals coming from a service or company which provides certified services and if the City or service or company of the two contractual individuals would be liable for payment if litigation is brought forward based upon a specific standard of quality of minutes taken after checking with Risk Management and to bring back a budget amendment for Commission consideration. Commissioner Snyder asked if Vice Mayor Chapman, as the maker of the motion, and Commissioner Atwell, as the seconder, would withdraw the initial motion to direct the City Auditor and Clerk to establish a panel of individuals for taking minutes to be paid an hourly rate in the unlikely event of two or more Commissioners attend outside meetings or community events and to table the item for hiring a full-time Commission Reporter to the November 17, 2014, Regular Sarasota City Commission meeting to afford Staff the opportunity to provide the Commission with verification of the two contractual individuals from a service or company which provides certified services and to bring back the budget amendment. Book 63 Page 34775

9 Book 63 Page Vice Mayor Chapman, as the maker of the motion, declined to withdraw the motion and Commissioner Atwell, as the seconder, agreed to withdraw the initial motion. A motion made by Vice Mayor Chapman to direct the City Auditor and Clerk to establish a panel of individuals for taking minutes to be paid an hourly rate in the unlikely event two or more Commissioners attend outside meetings or community events failed as Commissioner Atwell, the seconder, withdrew from the initial motion. Mayor Shaw called for a vote on the motion to table the item for hiring a full-time Commission Reporter to the November 17, 2014, Regular Sarasota City Commission meeting to afford Staff time to provide the Commission with verification of the two contractual individuals coming from a service or company which provides certified services and if the City or service or company of the two contractual individuals would be liable for payment if litigation is brought forward based upon the standard and quality of minutes taken after checking with Risk Management, and bring back the budget amendment, which carried by a 4-1 vote, with Vice Mayor Chapman voting no. A motion was made by Commissioner Snyder, seconded by Vice Mayor Chapman, and carried by a 5-0 vote to adopt proposed Resolution No. 15R-2456 and use $39,189 of the General Fund balance to allow for a Full-Time Accreditation Manager position, establish a revenue and expense budget of $58,491 for the Victims of Crime Act Grant award, and amend the General Fund expense budget $11,698 for the required City match for the Victims of Crime Act Grant. 8. BOARD APPOINTMENTS (AGENDA ITEM V): 1) APPOINTMENT RE: FIREFIGHTERS PENSION FUND BOARD OF TRUSTEES (AGENDA ITEM V-1) City Auditor and Clerk Nadalini stated that the Firefighters Pension Fund Board of Trustees consists of five members; that two members are selected by the Commission, two members are selected by the Board Members, and one is selected by the other four members; that the term of member Sheila Roberson expires January 2015; that in accordance with Article 5.9., the Interlocal Agreement between the City of Sarasota and Sarasota County for Emergency Medical Services (EMS), the County is to submit a name to be considered for appointment; that the County is suggesting Ms. Roberson be reappointed to the Firefighters Pension Fund Board of Trustees to serve another four-year term. A motion was made by Commissioner Atwell, seconded by Commissioner Caragiulo, and carried by a 5-0 vote to a reappoint Shelia Roberson to the Firefighters Pension Fund Board of Trustees for another four-year term. Mayor Shaw congratulated Ms. Roberson on her reappointment to the Firefighters Pension Fund Board of Trustees. 9. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) ADOPTION RE: PROPOSED RESOLUTION NO. 14R-2452, ESTABLISHING AN AD HOC COMMITTEE TO BE KNOWN AS THE BOBBY JONES GOLF CLUB STUDY COMMITTEE; SETTING FORTH RECITALS AS TO THE NEED FOR SAID COMMITTEE AND THE PURPOSE TO BE SERVED BY IT; CONFIRMING THE APPOINTMENT OF COMMITTEE; PROVIDING FOR ADMINISTRATIVE SUPPORT AND ASSISTANCE, ETC. (TITLE ONLY) (AGENDA ITEM VI-1) City Attorney Fournier stated that at the September 15, 2014, Regular Sarasota City Commission meeting, the Commission received a presentation and heard input from various individuals regarding the current status and operation of the Bobby Jones Golf Course (BJGC) and potential

10 long-term potential plans; that the Commission directed the City Attorney s Office to draft a proposed Resolution creating an Ad Hoc Committee to be known as the BJGC Study Committee; that proposed draft Resolution No. 14R-2452 was presented at the October 6, 2014, Regular Sarasota City Commission meeting; that Staff was directed to make revisions to the text and tasks assignments of the BJGC Study Committee; that Staff has made the required revisions which are included in the Agenda backup material and recommend the Commission adopt proposed Resolution No. 14R-2452 to establish a BJGC Study Committee. Commissioner Caragiulo stated that specific documents which the Commission requested be made available and were posted on the City s website by the Office of the City Auditor and Clerk are not included in the Agenda backup material such as the 2008 National Golf Foundation (NGF) Consulting Reports, Staff s 2013 White Paper Report, and the 2008 Architect Report all of which contain very relevant information along with copies of the adopted budgets back to fiscal year (FY) Vice Mayor Chapman stated that language in Section 1, proposed Resolution No. 14R-2452, should be changed to read: All members shall be residents of the City of Sarasota Vice Mayor Chapman stated that individuals from outside the City limits would be considered if no qualified City residents apply; that Section 2, proposed Resolution No. 14R-2452, indicates letters of interest, resume and/or background summary are to be submitted for consideration; that the assumption was the same application for other Advisory Boards would be utilized; that selecting members at the November 17, 2014, Regular Sarasota City Commission does not provide the Commission adequate time; that the language in Section 4(c), proposed Resolution No. 14R-2452, Management Structure and Any Possibilities of Alternatives, should be deleted as the management is under the City Manager; that a Staff Liaison is not identified but should be in the proposed Resolution. City Manager Barwin stated that BJGC is managed under the direction of the Public Works (PW) Department Director and Manger of BJGC; that the City Manager s Office receives information from both individuals; that selecting a Staff Liaison would be necessary to give and receive information. Discussion ensued about the language in Section 4(c), proposed Resolution No. 14R-2452, concerning the deletion of the management structure due to the importance to the City to retain control of the BJCG. Commissioner Snyder stated that the language in Section 4(c), proposed Resolution No. 14R-2452, Management Structure and Any Possibilities of Alternatives, should be deleted; that the BJGC should continue under City management through the City Manager s Office. Mayor Shaw noted Commission consensus to direct the City Attorney to make the following changes to proposed Resolution No. 14R-2452: Section 1 Section 2 Section 4(c) Add - All members shall be residents of the City of Sarasota with the potential for residents of Sarasota or Manatee counties to be included if no suitable residents apply from the City of Sarasota. Clarify - Applicants for membership on the Committee shall submit a completed Advisory Board application to the Office of the City Auditor and Clerk. Delete - Management Structure and Any Possibilities of Alternatives. Book 63 Page 34777

11 Book 63 Page The following people spoke Millie Small indicating the recent report from the National Golf Foundation (NGF) in her option offers the basis for a Master Plan for the City use, the report was very complimentary about management and Staff, and the Commission should consider appointing the Public Works (PW) Department Director as the Bobby Jones Golf Course (BJGC) Staff Liaison. Norman Dumaine indicating the City Attorney s Office is thanked for making the necessary changes to proposed Resolution No. 14R-2452 to establish a Bobby Jones Golf Course (BJGC) Study Committee, the changes reflect the desire for BJGC to remain a municipal golf course in character with the solicitation of community input and the conversation concerning necessary improvements, enhancements and long-term planning. Commissioner Caragiulo stated that the proposed Resolution should also include some language regarding measuring the effect on the adjoining neighborhood and the surrounding geographic area since a large portion of the City s parkland is involved, and Vice Mayor Chapman agreed. City Auditor and Clerk Nadalini read proposed Resolution No. 14R-2452 by title only. A motion was made by Vice Mayor Chapman, seconded by Commissioner Atwell, and carried by a 5-0 vote to adopt proposed Resolution No. 14R-2452, establishing an Ad Hoc Committee to be known as the Bobby Jones Golf Club (BJGC) Study Committee and for Staff to bring the proposed Resolution back before the Commission with the noted changes for Commission consideration: 1) Section 1, Add - All members shall be residents of the City of Sarasota with the potential for residents of Sarasota or Manatee counties to be included if suitable residents do not apply from the City of Sarasota, 2) Section 2, Applicants for membership on the Bobby Jones Golf Club (BJGC) Study Committee shall submit a completed Advisory Board application to the Office of the City Auditor and Clerk, for appointment at the January 5, 2015, Regular Sarasota City Commission meeting, 3) Section 4(c), Delete and replace language to reference environmental concerns for neighborhoods adjacent and/or neighboring geographical areas, 4) Section 3(1), Include the 2008 National Golf Foundation (NGF) Consulting Reports, Staff s 2013 White Paper Report, and the 2008 Architect Report along with the adopted budgets back to fiscal year (FY) 2007, 5) Section 3(1). Change the commencement date for Bobby Jones Golf Club (BJGC) Study Committee from March 2015 to April 2015 for receiving a report in May 2015, 6) Direct the City Manager to include appointment a Staff Liaison, A motion was made by Commissioner Snyder, seconded by Commissioner Atwell, and carried by a 5-0 vote to extend the meeting beyond 4:30 p.m. 2) PRESENTATION AND DISCUSSION RE: PROPOSED DRAFT 2015 LEGISLATIVE PRIORITIES FOR THE CITY OF SARASOTA (AGENDA ITEM VI-2) City Auditor and Clerk Nadalini displayed PowerPoint slides concerning the proposed draft of the 2015 Legislative Priorities on the Chamber monitors, and stated that the Commission was presented with a list of a proposed draft of the 2015 Legislative Priorities for the City of Sarasota, at the October 20, 2014, Regular Sarasota City Commission meeting; that the Office of the City Auditor and Clerk has since sent a October 29, 2014, memorandum, to the Commission requesting the proposed items be reviewed to establish the final 2015 Legislative Priorities for the City of Sarasota and to determine the top three to five priorities which will be presented at the Sarasota County Legislative Delegation hearing, tentatively scheduled for Wednesday, December 3, 2014, from 9:00 a.m. to 12:00 p.m. noon at the Sarasota County Administration Building.

12 City Auditor and Clerk Nadalini continued that the proposed 2015 Legislative Priorities for the City of Sarasota selected by the Commission at the October 20, 2014, Regular Sarasota City Commission meeting are: 1) Public Pension Reform (support) 2) Funding for Homelessness Programs (support) 3) Funding for Mental Health Initiatives/Programs (support) 4) Stand Your Ground Law (support) 5) Strategic Lawsuit Against Public Participation (SLAPP) (support) 6) Communication Service Tax (oppose restrictions/eliminations) 7) Red Light Cameras (oppose repeal of local government authority) 8) Sober Homes (support) 9) Enterprise Zones (support) 10) Other/New priorities Commissioner Snyder stated that the Commission s focus should be related to revenue such as the Communication Services Tax, Red Light Cameras, Enterprise Zones, and Funding for Homelessness Programs. In response to a question from Commission Atwell asking if the order of prioritizing items is critical or necessary, Commissioner Caragiulo stated that all State Legislators have a document which is often located on their website regarding communicating with the legislature, which is very informative; that the document outlines the timeframe of five or ten minutes allocated to present issues and for leaving pertinent information; that the Office of the City Auditor and Clerk does an excellent job of putting all the necessary materials together and has a sophisticated understanding of how the legislature works, which is very important; that prioritizing items using numbers is not recommended. Vice Mayor Chapman stated that defining meeting under the Florida Government-in-the- Sunshine (Sunshine) Law should be added under Other/New Priorities, since other States define meetings along with accepting Medicare/Medicaid Funding under the Affordable Care Act. Discussion ensued about funding for Homelessness Programs, Sober Homes and funding for Mental Health Initiatives/Programs all being allocated from similar, and/or a related fund source, and not ranking items using numbers. City Manager Barwin stated that the Commission may want to consider adding energy in the form of solar to the 2015 Legislatives Priorities list; that the City energy bill is $3 million a year in the Florida Sunshine State. Mayor Shaw noted Commission consensus to combine the items in the following order: 1) Funding for Homelessness, Mental Health Initiatives/Programs, and Sober Homes 2) Public Pension Reform and Communication Service Tax 3) Red Light Cameras 4) Enterprise Zones In response to a question City Auditor and Clerk Nadalini asking for clarification of consensus for adding Vice Mayor Chapman's requests to add under Other/New Priorities: 1) defining meeting under the Sunshine Law, and 2) accepting Medicare/Medicaid Funding under the Affordable Care Act; Mayor Shaw stated that two items would be outside of the 2015 Legislatives Priorities list to be presented to the Sarasota County Legislative Delegation but can be added to the list. Book 63 Page 34779

13 Book 63 Page Discussion ensued about using existing language for each of the legislative items or language proposed by the FLC. A motion was made by Commissioner Caragiulo, seconded by Commissioner Snyder, and carried by a 3-2 vote with Commissioners Caragiulo and Snyder voting not to keep the Stand Your Ground Law a priority on 2015 Legislatives Priorities list for the City of Sarasota. Commissioner Snyder stated that the request is to place the item on the November 17, Regular Sarasota City Commission meeting Agenda for re-voting, and City Auditor and Clerk Nadalini stated that the items will be placed on the Agenda. Mayor Shaw noted Commission consensus to move Agenda Item VII, Remarks of Commissioners, Announcements and Items for next Agenda to the end of the Agenda. 3) CONTINUED DISCUSSION RE: HOMELESSNESS STATUS REPORT (AGENDA ITEM VI-3) City Manager Barwin stated that Staff is aware of new issues which have emerged at Gillespie Park; that the Homeless Outreach Teams (H.O.T. Teams) Senior Case Manager and Staff from Sarasota Police Department (SPD) will provide the Commission with the Homeless Status Report. Senior Case Manager Calvin Collins, Homeless Outreach Teams (H.O.T. Teams), and Lieutenant Kevin Stiff, Sarasota Police Department (SPD), came before the Commission. Mr. Collins read from a report prepared by the SPD Crime Analysis Unit on October 31, 2014, as follows: Veterans (Vets) Current Month Past Month Year-to-Date Estimated in area over 30 days Estimated new arrivals/first contact Homeless Vets set to housing Non-Veterans Estimated in area over 30 days Estimated new arrivals/first contact Homeless Estimated leaving the City Estimated entering housing Monthly Activities Outreach Hours (starting 9/16/14) Number of original contacts Number of repeat contacts Lieutenant Stiff continued the presentation and stated that the number of homeless camps is as follows: Camps Year-To-Date Current Active Camps 6 Lowest Active Camps 4 Highest Active Camps 22 Vice Mayor Chapman displayed photographs of Gillespie Park on the Chamber monitors and Lieutenant Stiff stated that complaints were received regarding trash in Gillespie Park; that Shift Commanders are checking the area to ensure no one is trespassing after the hours of 11:00 p.m. through 5:00 a.m., which is the time Gillespie Park is closed; that a majority of the complaints are from citizens about individuals sitting underneath the shelter; that Police Officers are stationed at

14 the site when not taking calls to monitor the group of individuals under the shelter; that the Commission was previously informed the SPD does not police lifestyle; that the SPD polices criminal behavior and the Police Officers are not seeing any criminal behaviors; however, the site will continue to be monitored nightly by Police Officers. Mayor Shaw stated that no Police Officers were obviously on site when the photographs were taken. Vice Mayor Chapman stated that Gillespie Park has been visited on several occasions; that the site is occupied all day with lots of people; that numerous complaints were received from both neighborhood associations; that the concern has been discussed with the Parks and Environmental Landscape Division, Public Works (PW) Department General Manager about possibly fencing the shelter area and putting bars on the benches to prevent sleeping on the benches due to the number of complaints being received. Discussion ensued about possibly privatizing Gillespie Park for utilization for residents only and concerns of privatizing Gillespie Park from others who pay taxes but would not be allowed in the park if they reside east or west of Gillespie Park. City Manager Barwin stated that the specific issue concerns a church group which is feeding individuals in the area and has requested the homeless individuals go to Gillespie Park for transportation; that the H.O.T. Team is in the process of trying to set up a meeting with the church to discuss more constructive approaches to positively impacting the challenge. Lieutenant Stiff stated that the church picks up the individuals from Gillespie Park at lunchtime, takes them to the church for feeding and drops them back off at Gillespie Park; that Staff has reached out to the church with no avail but will continue to try to have a conversation with church representatives. Mayor Shaw stated that the Sarasota Military Academy (SMA) Urfer Campus utilizes the area as a drill pad; that SMA is thanked. Commissioner Caragiulo stated that there are quite a few individuals in the Chambers who will be coming before the Commission to speak about the issue regarding OPEB (Other Post-Employment Benefits); that he was going to bring the issue up earlier under Agenda Item VII, Remarks of Commissioners, Announcements and Items for next Agenda, which has now been placed at the end of the Agenda; that Commission consensus is sought to continue the City Commission meeting until 6:00 p.m. and recess for 30 minutes, and upon reconvening discuss the OPEB item due to the number of individuals currently present and the extended hours of the meeting. Commissioner Snyder stated that Commission consensus could be sought to remove Agenda Item VI, Item No. 4, Discussion Re: Request from Joe Hembree regarding the Pad Lite Site and the unused adjacent City property, from the Agenda for placement on the Agenda of the November 17, 2014, Regular Sarasota City Commission meeting. City Manager Barwin stated that Administration would like to present some recommendations or suggestions when the OPEB item is brought forth. In response to a question from Commissioner Caragiulo asking if the recommendations or suggestions from the Administration will be presented at the November 17, 2014, Regular Sarasota City Commission meeting, City Manager Barwin stated no; that the suggestions will be presented this evening. Book 63 Page 34781