APPROVED MARCH 28, 2011 NORTH PORT CITY COMMISSION MINUTES OF REGULAR MEETING MONDAY, MARCH 14, 2011

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1 NORTH PORT CITY COMMISSION MINUTES OF REGULAR MEETING MONDAY, MARCH 14, 2011 PRESENT: Commissioner Blucher, Chair; Commissioner Jones, Vice-Chair; Commissioners Garofalo, Treubert, and Yates; Interim City Manager Lewis; City Attorney Robinson; City Clerk Raimbeau; Deputy City Clerk Adkins; and Police Chief Vespia. The North Port City Commission Regular Meeting was called to order at 1:00 p.m. in City Chambers by Commissioner Blucher, Chair. INVOCATION A moment of silence was observed. PLEDGE OF ALLEGIANCE - LED BY THE COMMISSION APPROVAL OF AGENDA - COMMISSION Commissioner Yates moved to approve the Agenda as presented; seconded by Commissioner Jones. Motion carried unanimously. Subsequent to a request, clarification was provided that Commissioner Garofalo was in Washington D.C. on City business. Discussion ensued concerning the allowable extent of his participation in the meeting. Commissioner Yates moved to recognize that Commissioner Garofalo could not be physically present at this meeting and to allow him to participate in the conversation and vote while on the phone; seconded by Commissioner Treubert. Motion carried unanimously. Commissioner Jones moved to amend the motion to state that the circumstances are extraordinary in preventing Commissioner Garofalo from being present and he should be able to participate and vote at this meeting; seconded by Commissioner Yates. Motion carried unanimously. Chair Blucher called the question, thereafter, the main motion as amended carried unanimously. Thereafter, clarification was provided that Commissioner Garofalo s vote will be accepted by voice. Chair Blucher stated for the record, that he must leave by 5:00 p.m. on a trip to Washington D.C. Sarasota County Commissioner Robinson was introduced and her attendance at the meeting was acknowledged. 1. INTRODUCTION OF NEW EMPLOYEES: A. Cameron Burleson, Part-time Recreation Attendant (S. Borgsdorf); Joshua Gilliam and Fausto Villarroel, Firefighter/Paramedics (W. Taaffe); Blaine Mentzer, Police Officer (K. Vespia); Kris-An Hinds, Executive Internship and Joseph Marino, Water/Wastewater Treatment Plant Apprentice (C. Mick) General Services Director Borgsdorf introduced Parks & Recreation Part-time Attendant, Cameron Burleson. Fire Chief Taaffe introduced the newest Firefighters, Josh Gilliam and Fausto Villarroel. Police Chief Vespia introduced the newest Police Officer, Blaine Mentzer. Utilities Director Mick introduced the Executive Intern Kris-An Hinds, and Water/Wastewater Treatment Plan Apprentice, Joseph Marino Commission Regular Meeting Minutes Page 1 of 7

2 2. PRESENTATIONS: A. Update regarding the Strategic Plan for Economic Development by the Economic Development Corporation of Sarasota County. (C.J. Fishman, Past Chair; David Session, Chair; and Kathy Baylis) There was an agreement to grant the Economic Development Corporation of Sarasota County (EDC) up to ten minutes for their presentation. Thereafter, North Port Economic Development Manager Lane introduced the EDC Past Chair C.J. Fishman, and EDC President and CEO, Kathy Baylis. The EDC Report included: (1) their Strategic Plan Goals; (2) the new jobs and accomplishments of 2010; and (3) the Fiscal Year 2011 Business Plan. Following a question, clarification was provided that as of this date, Ms. Baylis was unaware of any contracts that have been signed as a result of the joint economic development fact-finding visit to the country of Panama. However, some of the companies that went on the trip continue to follow up on their leads. Future trips are planned by Enterprise Florida to Central America and the EDC continues to stay connected with the businesses that were contacted in Panama. Chair Blucher recommended contacting Dr. Reichardt when the group travels to Germany this year. B. Presentation of Lean Sigma Black Belt Certifications to the following employees: Rich Berman, Tom Davel, Victor DiRamio, Kory Merchant, Aaron Nick, Lou Sperduto, Sean Viara, Andrea Vigil, and Dan Waldron. (D. Schult) Assistant City Manager Schult recognized and presented Certificates of Accomplishment to City employees Richard Berman, Tom Davel, Victor DiRamio, Kory Merchant, Aaron Nick, Lou Sperduto, Sean Viara, Andrea Vigil, and Dan Waldron for their participation in the City s Lean Sigma Program. Their combined projects identified in excess of $500,000 of cost savings and/or revenue increases for the City. 3. PUBLIC COMMENT: Public comment was held from 1:50 p.m. to 1:57 p.m. 4. CONSENT AGENDA: Commissioner Treubert moved to approve the Consent Agenda as presented; seconded by Commissioner Jones. Motion carried unanimously. A. Approval of Minutes for the February 24, 2011 Commission Special Meeting. (H. Raimbeau) B. Approval for Appointment of Joseph Mangione and Nicholas Worden as Regular Members to the Tamiami Trail Appearance Advisory Board. (H. Raimbeau) C. January 2011 Cash Receipt Summary (P. Lear) 5. PUBLIC HEARINGS: A. Petition No. PLF , Peter VanBuskirk, P.E., AICP, of Kimley Horn and Associates, on behalf of Divosta Homes LP, requests approval of a Final Plat hereby re-platting a portion of the previously approved IslandWalk Phase 1C subdivision, specifically Jalisca St. The site contains ± acres and is located on Tantino Drive (Section 31, Township 39S, Range 20E) (S. Cullinan) (Quasi-judicial) Commission Regular Meeting Minutes Page 2 of 7

3 City Clerk Raimbeau swore in all those wishing to provide testimony pertaining to the Petition and it was disclosed that no Commission member had Ex Partite communication with Divosta Homes, LP or their assigns. Planning, Zoning, and Engineering Planner Cullinan provided an overview of the subdivision changes and it was noted that Project Engineer Peter VanBuskirk was present to answer questions. Thereafter, there was no public comment. Commissioner Treubert moved to approve Petition No. PLF , Peter VanBuskirk, P.E., AICP, of Kimley Horn and Associates, on behalf of Divosta Homes LP, the request of a Final Plat hereby replatting a portion of the previously approved IslandWalk Phase 1C subdivision, specifically Jalisca St. The site contains ± acres and is located on Tantino Drive (Section 31, Township 39S, Range 20E); seconded by Commissioner Yates. Motion carried unanimously. 6. GENERAL BUSINESS: A. Discussion, and possible action, concerning a waiver of the rental fee at the George Mullen Activity Center in the amount of $75.00 for the Healthy Start Coalition and the Kiwanis Club of Sarasota to hold a Healthy Start Baby Shower. (T. Lewis) Clarification was provided that manpower will be supplied by the Healthy Start Coalition and there was no additional setup or disassembling incurred by the City. Commissioner Jones moved to approve a waiver of the rental fee at the George Mullen Activity Center in the amount of $75.00 for the Healthy Start Coalition and the Kiwanis Club of Sarasota to hold a Healthy Start Baby Shower; seconded by Commissioner Garofalo. Motion carried unanimously. B. Discussion, and status report regarding the Youth Opportunities Advisory Board. (J. Bellia) Public Works Projects Administrator and Liaison for the Youth Opportunities Advisory Board, Julia Bellia, presented an update that since May 2009 regular Board meetings were scheduled but they lacked a quorum and were cancelled. As a result, in 2010 the Commission directed Staff to redefine the roll of the Board and meet with youth and adults in the community to seek input, and to improve and increase interest and participation in the Board. A report was provided concerning the entities visited and contacted and the results of those meetings. Commission questions and concerns ensued: (1) the financial costs to keep the Board was centered in monthly agendas and backup material, printed brochures which were funded from the City Manager s budget, City vehicle use when attending functions to promote the Board, and Staff time in meeting preparation and transcription of minutes; (2) Commissioner Garofalo recommended keeping the Board active, giving it another chance, and perhaps assign a Commissioner to approach the high school administration or studentbody to encourage participation in the YOAB; (3) Commissioner Jones suggested extending a decision to dissolve the Board for 30 to 60 days and contact groups such as the North Port High School Key Club, the Sarasota County Community Youth Development, the Drug Free Youth Foundation, and to make them aware of the opportunities available serving on the YOAB before making the final decision to dissolve the Board. Commissioner Treubert moved to abolish the Youth Opportunities Advisory Board; seconded by Commissioner Yates. Commissioner Yates moved to amend the motion and direct Staff to bring back a Resolution to disband the Youth Opportunities Advisory Board or to bring back a Resolution that modifies or amends the current Youth Opportunities Advisory Board Resolution. Motion was withdrawn Commission Regular Meeting Minutes Page 3 of 7

4 Chair Blucher called for a vote on the original motion. The motion carried on a (3-2) vote. Commissioners Garofalo and Jones dissented for reasons stated previously. Further discussion ensued: (1) Commissioner Yates suggested that the YOAB be a sub-committee to the Parks & Recreation Advisory Board; (2) Commissioner Treubert suggested integrating youth input through adding working groups to existing Advisory Boards and all parts of City government and expressed reluctance to place additional burdens on Staff; (3) a Resolution is required to dissolve the YOAB: (4) clarification was provided that a group meeting that is held for fact finding is not applicable to the Sunshine Law; (5) Commissioner Garofalo agreed with Commissioner Treubert regarding the burden on Staff and restated his previous suggestion to personally approach the high school administration and students; (6) Commissioner Jones opposed the opinion to place the YOAB under the direction of the Parks & Recreation Advisory Board; and (7) Commissioner Blucher articulated that in order to succeed, the Board format must change and could not support the motion. Thereafter, public comment was held. Commissioner Yates moved to request that the Parks and Recreation Advisory Board discuss developing a sub-committee or an ad hoc committee for the youth; seconded by Commissioner Treubert. Motion failed on a (1-4) vote. Commissioners Treubert, Garofalo, Jones, and Blucher dissented for reasons stated previously. Recess: 3:01 p.m. 3:17 p.m. C. Discussion, and possible action, regarding the City Attorney s Contract. (Commissioner Yates) Subsequent to a request to continue the item to the April 11, 2011 Commission meeting, City Attorney Robinson provided the following clarification: (1) the item was placed on the agenda with insufficient time for the City Attorney to provide supporting material; and (2) confirmation was provided by Interim City Manager Lewis that the additional time would allow Staff to acquire comparative data from other municipalities pertaining to in-house counsel. Commissioner Yates moved to direct Staff to review the costs and expenses for an in-house attorney and bring that information back to Commission on the March 28, 2011 meeting, along with any information provided by Nelson Hesse; seconded by Commissioner Jones. The motion and second were withdrawn. Commissioner Yates moved to direct Staff to review the costs and expenses for an in-house attorney, and bring that information back to Commission on the April 11, 2011 meeting, along with any information provided by Nelson Hesse; seconded by Commissioner Jones. Questions and concerns ensued: (1) Commissioner Yates stated the issue regarding costs of an in-house counsel was worth revisiting due to the change in the economic climate and examining options was a worthwhile endeavor to insure the best interest of the City is kept in view and asserted that the agenda item was submitted timely; (2) Commissioner Jones opined that the Commission was aware of legal costs and have done many things to reduce those costs by implementing ways to work better not cheaper. He favored an independent study concerning in-house vs. outside counsel in order to receive a qualified opinion; (3) Commissioner Yates stated that a change would serve the community well; and (4) clarification was provided that pending a Commission determination to seek a different firm for legal counsel, City Attorney Robinson will tender notification that Nelson Hesse elects not to renew the Contract on those terms. Thereafter, public comment was held. Commissioner Yates moved to amend the motion to direct City Staff to bring back the cost comparison information from other municipalities on in-house attorneys and also the cost to have a feasibility Commission Regular Meeting Minutes Page 4 of 7

5 study and analysis done on an in-house attorney by an outside consultant by April 11, 2011; seconded by Commissioner Jones. Motion carried on a (4-1) vote. Commissioner Garofalo dissented, agreeing with only the portion of the motion dealing with contracting for an outside feasibility study. Discussion continued: (1) Commissioner Blucher was disinclined to require Staff to perform work that would be best performed by a feasibility study, but also was reticent to lose the legal expertise gained over the years by the current City Attorney; (2) Commissioner Treubert agreed with Commissioner Blucher, stating in the long run an in-house attorney is more expensive; and (3) Commissioner Jones favored only the feasibility study and could not support the motion as stated. Chair Blucher called the question and thereafter the main motion as amended to direct City Staff to bring back the cost comparison information from other municipalities on in-house attorneys and also the cost to have a feasibility study and analysis on an in-house attorney by an outside consultant by April 11, 2011 failed on a (1-4) vote. Commissioner Blucher, Commissioner Jones, Commissioner Treubert, Commissioner Garofalo dissented for reasons stated previously. Commissioner Jones moved to direct Staff to provide information to the Commission on the cost of a feasibility study for an in-house and outside legal counsel for a City Attorney on the April 11, 2011 meeting; seconded by Commissioner Garofalo. Motion carried unanimously. Chair Blucher left the meeting at 4:39 p.m. Recess 4:39 p.m. 4:53 p.m. D. Discussion on questions regarding current activities at Warm Mineral Springs. (Commissioner Yates) After a review of concerns regarding the activities at Warm Mineral Springs, a clear understanding of its management and activities held there, clarifications regarding the Purchase Agreement and the License Agreement, discussion ensued: (1) for the record, Commissioner Yates voiced misgivings and was not satisfied with the answers provided by Sarasota County Administrator Ley in regard to her concerns because they seemed to be contrary to specifics in the License Agreement and the Purchase Agreement; and (2) Commissioners Jones, Treubert, and Garofalo were satisfied with Mr. Ley s answers. Thereafter, public comment was held. Discussion continued: (1) Acting Chair Jones explained that part of the Warm Mineral Springs Sales Agreement allowed Cypress Lending Group, LTD to operate the Springs for 30 months to their benefit; (2) Sarasota County is the manager of the License Agreement; (3) clarification was provided that the Licensing Agreement was dated December 2, 2010 and was not a recent (2011) agreement; (4) City Attorney Robinson was authorized by the Commission to negotiate a Purchase Agreement which has been memorialized. At this juncture, the post-closing issues are being ironed out and those interpretations, reviews, and concerns are being billed at an hourly rate, as approved by the Commission; (5) City Attorney Robinson recommended that no further agenda items relative to closing documents etc., for Warm Mineral Springs be discussed; that the City s Legal Counsel is not authorized to spend more time other than the necessities for the post-closing such as vacating the plat lines and/or transfer of the domain name; that when communicating with the County that clarification is provided regarding the author(s) of the request; that questions with the County be directed through Mr. McCarthy who is a reputable source of information; and finally the City Staff and Attorney as well as the County Staff and Attorney were satisfied with the end result of the Warm Mineral Springs negotiations. Commissioner Treubert moved that no further funds be encumbered concerning any future discussion in regard to the Purchase Order and License Agreement and that the City moves forward regarding the Interlocal Agreement and the other aspects of getting the property moving forward. Any questions Commission Regular Meeting Minutes Page 5 of 7

6 should be directed to our Staff only without the approval of the Commission; seconded by Commissioner Garofalo. Following a comment, Commissioner Garofalo withdrew his second. Acting Chair Jones provided clarification that the Commission acts as a body, not as an individual, and action is sought only among the body and then the body directs the action to be taken. Commissioner Treubert moved to amend the motion to include approval of any money for the City Attorney first meet with Commission approval. There was no second and the motion and the proposed amendment were lost. For the record, Commissioner Yates voiced concerns at any attempt to stifle or impede the duties of her office. Commissioner Garofalo moved to approve that any further discussion, questions, or actions regarding documents, including the Licensing Agreement, the Closing documents, the actual document with Warm Mineral Springs Purchase; anything regarding the documents themselves, leasing, licensing, or any discussion involving those things, that if any one City Commissioner would like questions involving that to be answered, that they would go through the City Manager or through City Staff before taking any other action; seconded by Commissioner Treubert. Motion carried on a (3-1) vote. Commissioner Yates dissented for reasons stated previously. Clarification was provided that the motion was not an action of suppression, and any questions may be brought and discussed with the Commission and thereafter the Commission may take action or direct Staff to pursue the question or provide and answer. 7. PUBLIC COMMENT: Public comment from 6:06 p.m. 6:07 p.m. 8. COMMUNICATIONS: Commissioner Garofalo: 1) provided an update on the priorities for the coming year during the Public Safety and Crime Prevention Board meeting; 2) recognized the North Port Community Health Action Team (CHAT) and others in the area and local law enforcement agencies for the continuing efforts to put a stop to the problem of drug overdose; 3) the baseball feasibility study will be presented at Thursday s meeting of the Tourism Development Council (TDC); 4) North Port resident Ted Allen has applied for the recent vacated seat on the TDC and Commissioners were encouraged to contact the Sarasota County Commissioners in support of his application; 5) a Cardboard Campout and Food Drive will be held at the Lutheran Church on March 26, 2011 from 8:00 a.m. to 4:00 p.m. to raise awareness of the homeless; 6) on April 8, 2011 a drug screening is scheduled for the potential Drug Free Youth (DFY) members and a Who Done It party for current members; 7) Groovin on the Green will be held on Friday, March 18, :00 p.m. on the lawn in front of City Hall; 8) the City Ambassador Program starts next Wednesday, March 23, 2011 at 9:00 a.m. at City Hall; 9) Project Graduation continues with its fundraising efforts; 10) Saturday and Sunday March 19 and 20, 2011 the EcoFest event will be held at Warm Mineral Springs; and 11) Saturday, March 19, 2011 the Englewood Firefighters are sponsoring A Day in the Life of a Firefighter for elected officials to get a feel for what a firefighter does. Interim City Manager Lewis: communicated that in connection with Sexual Assault Awareness Month, a Proclamation to the Safe Place and Rape Crisis Center (SPARCC) will be presented at the March 28, 2011 Commission meeting Commission Regular Meeting Minutes Page 6 of 7

7 Commissioner Yates: 1) attended a Sarasota County preliminary 2010 Census re-districting meeting where the Census results were projected to be publicized by the end of March or beginning of April. A handout was provided to the Commission; and 2) the City s Charter Review Advisory Board meeting is scheduled for Wednesday, March 16, 2011 at 6:00 p.m. where a discussion on re-districting is planned; 3) pending a City decision to place a referendum regarding re-districting on the ballot, it would be beneficial to share the costs associated with it, with Sarasota County; 4) the data for the Strategic Marketing Plan will be forwarded soon to the City Manager and will be used for upcoming City projects; 5) urged the implementation of a waiver release form for Commission-delegated representatives in the Ambassador Program; and 6) clarification was provided that no City expenditures will be associated with the Ambassador Program activities. Commissioner Jones: 1) at a meeting on March 10, 2011, members of the Manasota League of Cities endorsed the Florida League of Cities Resolution objecting to the Environmental Protection Agency s policy regarding the Numeric Nutrient legislation. A copy of the Resolution was distributed to the Commission; 2) relayed that the EPA s policy will have significant impact on the City and information is being gathered pertaining to the proposed policy as it applies to the City budget, to water rate payers, and to developers. The information will be on a future Commission agenda for discussion; 3) on Monday and Tuesday, March 21 and 22, 2011 Commissioners Jones and Yates will be in Tallahassee to meet with the City s legislative delegation and requested that Commissioners submit any issues they want conveyed to the lobbyists; 4) the Manasota League of Cities will sponsor a two-day training for elected and appointed officials in May on Sunshine Law, Public Records, and Parliamentary Procedures; 5) the Manasota League of Cities announced there are funds available for lobbying as reimbursable expenses; and 6) the Shining Stars Banquet luncheon is scheduled for March 24, 2011 at which Chris Anne Hines will be honored. 9. ADJOURNMENT: Vice-Chair Jones adjourned the North Port City Commission Regular Meeting at 6:25 p.m. CITY OF NORTH PORT, FLORIDA ATTEST: BY: JIM BLUCHER, COMMISSION CHAIR HELEN M. RAIMBEAU, MMC CITY CLERK Minutes approved at the Commission Regular Meeting this Day of Commission Regular Meeting Minutes Page 7 of 7