MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 5, 2015

Transcription

1 Book 63 Page MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 5, 2015 PRESENT: Mayor Willie Charles Shaw, Vice Mayor Susan Chapman, Commissioners Suzanne Atwell, Eileen Normile and Stan Zimmerman, Deputy City Manager Marlon Brown, City Attorney Robert Fournier, and City Auditor and Clerk Pamela Nadalini ABSENT: City Manager Thomas Barwin 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 Deputy City Manager Brown stated that the City Manager is absent due to the birth of his first grandchild, a baby boy. 1. CHANGES TO THE ORDER OF THE DAY Vice Mayor sought Commission consensus for the following Changes to the Order of the Day: A. Change New Business, Agenda Item No. XIV.3., Discussion Re: Vice Mayor Chapman s attorney fees incurred in litigating suit filed by Citizens for Sunshine to Agenda Item No. XIV.1. B. Change New Business, Agenda Item No. XIV.4., Report Re: Senate Bill No. 846, which provides that all elected municipal officers must complete four hours of ethics training each calendar year to Agenda Item No. XIV.2. C. Change New Business, Agenda Item No. XIV.5., Presentation and Discussion Re: Additional staffing for Building Division including a full-time front counter permit technician position, a full-time multi-license building inspector/plan examiner and to change the vacant receptionist position from part-time to full-time to Agenda Item No. XIV.3. D. Change New Business, Agenda Item No. XIV.2., Discussion Re: Potential Whistleblower claim against the City to Agenda Item No. XIV.4. E. Change New Business, Agenda Item No. XIV.1., Report Re: Initial Forensic Review of Recovered City Laptops to Agenda Item No. XIV.5. Mayor Shaw noted Commission consensus to approve the Changes to the Order of the Day. 2. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) The following people spoke: Carolyn Mason, Chair, Sarasota County Board of County Commissioners (BCC), wished the Commission a Happy New Year and read a prepared statement on behalf of the BCC, indicating support is sought for the transfer of the property of the former City of Sarasota Police Station to Sarasota County as agreed upon in the 2003 Memorandum of Understanding (MOU). Ann Snyder indicating since October 2009, she has been working hard to establish a Get Better Club (GBC) in Sarasota, Florida, and was finally given permission to do so by the Internal Revenue Service (IRS). Shawn Pierson, President, Friends of Bobby Jones Golf Club (BJGC), Inc., read a prepared statement indicating the Friends of BJGC is a Not-for-Profit organization with a mission to enhance the experience at BJGC for the City of Sarasota and area residents and visitors and to help effect, through sponsorship of projects, programs and events and the four initiatives for improvements at the BJGC, the Donald Ross

2 Book 63 Page Society annual winter meeting is scheduled to be held this year in Sarasota, Florida, for four days in February 2015 to celebrate the 88 th anniversary of the dedication of the BJGC, the size of the proposed BJGC Study Committee should not be limited since applicants offer significant experience in the business of golf as well as the vital current and continuing evolvement in recreational and competitive golf, representing voices which have not been heard from previously in public forums can add a considerable perspective to the voices already heard over the years, and the hope is for the Friends of BJGC to become a part of the conversation. R. Steven Leiberworth wished the Commission a Happy New Year, indicating he has spoken with the Mayor and others about safety in Sarasota, Florida, and has nothing against the Sarasota Police Department (SPD) after being arrested for a battery charge, God should be the judge since the laws are made for everyone. 3. APPROVAL OF MINUTES (AGENDA ITEM II) Vice Mayor Chapman stated that the minutes of the December 1, 2014, Regular Sarasota City Commission meeting under Agenda Item II, should be corrected to reflect the word applauded instead of applaud, and Commission Normile stated that for the minutes of the December 1, 2014, Regular Sarasota City Commission meeting she has rewritten her remarks which were impossible to understand as follows: that Mr. Werlin is known to her and is a neighbor and should be applauded for his donation; that his wife passed away several years ago; that before she died she would walk past the Causeway Park because she loved the area. tired portion of the City, such as a park or a bench, etc., to remember loved ones without difficulty. City Auditor and Clerk Nadalini stated that the December 1, 2014, Regular Sarasota City Commission meeting minutes will be reviewed and corrected and revised if deemed necessary. Mayor Shaw noted Commission consensus to approve the minutes of the December 1, 2014, Regular Sarasota City Commission meeting as corrected and with a revision. 4. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) Commissioner Atwell removed from Consent Agenda No. 1, Item No. 4, for discussion. 1) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourth Extension of Agreement between the City of Sarasota and Risk Management Associates, Inc. (d/b/a Public Risk Insurance Agency), (RFP #09-43W) pertaining to Property and Casualty Insurance Agent of Record Services in the amount of $17, (Agenda Item IV-A-1) 2) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreements between the City of Sarasota, CB&I Environmental & Infrastructure, Inc., Coastal Technology Corporation, and Atkins North America, Inc., (RFP #14-55LKD) pertaining to for Consulting Engineering Services for Coastal Management on an as-needed basis (Agenda Item IV-A-2) 3) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Contract Agreements between the City of Sarasota, McShea Contracting, LLC, and AKCA Incorporated, (ITB #14-65BK) pertaining to Pavement Marking Services on an as-needed basis (Agenda Item IV-A-3)

3 5) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Joint Project Agreement between the City of Sarasota and Sarasota County pertaining to 10th Street Outfall Stormwater Management with County funding not to exceed $500, and City Dredge Project funding not to exceed $1,462, (Agenda Item IV-A-5) 6) Approval Re: City of Sarasota staff to enter into direct negotiations with Glenn D. Walters, Jr., and Margaret E. Walters, TTEE, related to the purchase of seven parcels of land located at 1715, 1717, and th Way (Agenda Item IV-A-6) 7) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Extension of Agreement between the City of Sarasota and Atkins North America, Inc., (RFP #09-18W) pertaining to Consulting Engineering Services for Water Treatment Facilities on an as-needed basis (Agenda Item IV-A-7) 8) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourth Amendment to and Fifth Extension of Agreement between the City of Sarasota and The University of Central Florida pertaining to Reverse Osmosis Process Assessment Study and Verna Nanofiltration Process Evaluation Services in the amount of $75,671.00, resulting in a total project amount of $642, (Agenda Item IV-A-8) 9) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Extension of Agreement between the City of Sarasota and Polydyne, Inc., (ITB #11-04K) pertaining to Centrifugal Dewatering Equipment Polymer Chemical on an as-needed basis (Agenda Item IV-A-9) A motion was made by Commissioner Zimmerman, seconded by Commissioner Atwell, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item Nos. 1 through 3 and 5 through ITEMS REMOVED FROM CONSENT AGENDA NO.1 (AGENDA ITEM IV-A) 1) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Name Change Amendment to and Second Extension of Agreement between the City of Sarasota and ABM Onsite Services - West, Inc. (d/b/a ABM Landscape & Turf Services), (RFP #04-55K) pertaining to Golf Course Maintenance Services (Agenda Item IV-A-4) Commissioner Atwell stated that the item was removed so Staff could address the item. Deputy City Manager Brown stated that Shawn Pierson, President, Friends of Bobby Jones Golf Club (BJGC), Inc., is thanked for notifying Staff about an incorrect contract amount in the Agenda backup material; that the correct contract amount for the extension of the maintenance contract will be placed on the record. Susan Martin, Manager, Bobby Jones Golf Club (BJGC), came before the Commission and stated that she mistakenly put in the wrong calculation for the Agenda item; that the amount shown is for a six months' extension; that the correct amount for the record is $1,429, A motion was made by Commissioner Atwell, seconded by Vice Mayor Chapman, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No. 4, with the noted corrected amount of $1,429, Book 63 Page 34862

4 Book 63 Page CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) Commissioner Zimmerman removed from Consent Agenda No. 2, Item No. 2, for discussion. 1) Adoption Re: Proposed Resolution No. 15R-2465, calling for the First Municipal Election to be held on March 10, 2015, and the Second Municipal Election to be held on May 12, 2015, if required, for the purpose of electing three District City Commissioners for a term of four years; setting forth the location of the polling places; authorizing the Mayor to appoint the Clerks, Inspectors and Officers for the Election, etc. (Agenda Item IV-B-1) 3) Adoption Re: Proposed Resolution No. 15R-2467, providing that the City Commission shall hold and attend a joint meeting commonly known as the "Convocation of Governments" Meeting; providing that such meeting shall be held jointly with the Board of County Commissioners and School Board of Sarasota County and with the three other municipalities in Sarasota County; providing that matters of shared interest and concern will be discussed at such joint meeting; providing the date and time for such joint meeting; and providing the location of such meeting which is in unincorporated Sarasota County outside the municipal limits of the City of Sarasota, etc. (Title Only) (Agenda Item IV-B-3) 4) Adoption Re: Second reading of proposed Ordinance No , amending the City Code; Chapter 5, Alcoholic Beverages; Section 5-13, Hours of Sale; to allow for the sale, dispensing and consumption of alcoholic beverages on Sunday mornings before noon, etc. (Title Only) (Agenda Item IV-B-4) City Auditor and Clerk Nadalini read proposed Resolution Nos. 15R-2465, 15R-2467 and proposed Ordinance No by titles only. A motion was made by Commissioner Atwell, seconded by Commissioner Normile, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item Nos. 1, 3 and ITEMS REMOVED FROM CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) 1) Adoption Re: Proposed Resolution No. 15R-2466, 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-2) Commissioner Zimmerman stated that a few questions are posed to Staff regarding the use of the Sarasota Police Department (SPD) and Law Enforcement Trust Funds concerning the purchase of police vehicles. Financial Administration Director John Lege, III, Financial Administration Department, and Police Lieutenant Kevin Stiff, Sarasota Police Department (SPD), came before the Commission. In response to a question from Commissioner Zimmerman asking if the vehicles were already purchased, Mr. Lege stated yes. In response to a question from Commissioner Zimmerman asking if the three vehicles were exmilitary mine-restraint vehicles, commonly known as Mine Resistant Ambush Protected (MRAP) vehicles, Lieutenant Stiff stated no; that two of the vehicles are Humvees, commonly referenced as jeeps and both are armored; that the other vehicle is a smaller armored personnel carrier and does not have the same style as the MRAP vehicle.

5 Discussion ensued about the use of $8,000 for applying SPD graphics and installation of radios and red/blue lights on the each vehicle and the vehicle size comparison. City Auditor and Clerk Nadalini read proposed Resolution No.15R-2466 by title only. A motion was made by Commissioner Zimmerman, seconded by Commissioner Normile, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item No BOARD APPOINTMENTS: 1) APPOINTMENT RE: BOBBY JONES GOLF CLUB STUDY COMMITTEE (AGENDA ITEM V-1) City Auditor and Clerk Nadalini stated that at the November 3, 2014, Regular Sarasota City Commission meeting, the Commission adopted proposed Resolution No. 14R-2452 to create an Ad Hoc Committee to be known as the Bobby Jones Golf Study Committee (BJGC); that the Office of the City Auditor and Clerk received applications from the following individuals which are included in the Agenda backup material for Commission consideration: Richard Kyllonen, Jay Logan, Charles Mericle, John Bondur, Maryellin Kirkwood, Clarence Rogers, Arthur Bady, Dan Smith, and Jon Baugh. Vice Mayor Chapman stated that she is not prepared to make any appointments now and would like to interview some of the candidates since many good candidates applied; that Commission consensus is sought to table the item until the February 2, 2015, Regular Sarasota City Commission meeting. Commissioner Atwell agreed and stated that she too would like to meet with candidates and would also like to have Staff input. City Auditor and Clerk Nadalini stated that for the record the item was placed on the Agenda at the direction of the Commission after adopting proposed Resolution No. 14R-2452 for consideration of appointments. City Attorney Fournier stated that the Commission followed the protocol of the Resolution which was to have the item placed on the Agenda; that the item can be continued if the Commission desire. Commissioner Normile requested the Commission receive appointment and board applications as early as possible as a matter of future policy. Commissioner Zimmerman stated that as the result of the holiday there literally was no time between tabling the Agenda item and placing the item back on the Agenda with materials distributed by the Office of the City Auditor and Clerk since the Resolution calls for the item to come before the Commission now to interview candidates even via the telephone. Discussion ensued about concerns of not rubber-stamping the selection process, the overwhelming amount of Agenda backup material under Unfinished Business, Agenda Item No. VI.4., Approval Re: Lido Beach Renourishment Program Post Tropical Storm Debby which was 1025 pages, postponing and possibly tabling the candidate selections item until the February 2, 2015, Regular Sarasota City Commission meeting and having individuals who signed-up to speak tonight regarding the item to speak at February 2, 2015, Regular Sarasota City Commission meeting. A motion was made by Vice Mayor Chapman, seconded by Commissioner Atwell, and carried by a 5-0 vote to table the Bobby Jones Golf Club Study Committee candidate appointments and Book 63 Page 34864

6 Book 63 Page individuals who signed-up to speak to the February 2, 2015, Regular Sarasota City Commission meeting. 2) APPOINTMENT RE: BOARD OF RULES AND APPEALS (AGENDA ITEM V-2) City Auditor and Clerk Nadalini stated that a vacancy exists due to the passing of Ralph Hardesty; that Mr. Hardesty had the seat designated for a license electrical contractor; that an application was received from William Beauchamp which is included in the Agenda backup material for Commission consideration. Vice Mayor Chapman nominated William Beauchamp for appointment. Hearing no other nominations Mayor Shaw noted Commission consensus to appoint William Beauchamp to the Board of Rules and Appeals and congratulated Mr. Beauchamp on his appointment. 3) APPOINTMENT RE: FIREFIGHTERS' PENSION FUND BOARD OF TRUSTEES (AGENDA ITEM V-3) City Auditor and Clerk Nadalini stated that the Firefighters' Pension Board of Trustees consists of five members; that two members are selected by the Commission, two are elected by the Plan members and one is selected by the other four; that Section (1)(a), Florida Statutes, provides the legislative body will, as a ministerial duty, appoint the individual selected by the Board of Trustees; that the Board of Trustees has selected Scott Snow to serve on the Firefighters' Pension Board of Trustees for a four-year term. Commissioner Normile nominated Scott Snow for appointment. Hearing no other nominations Mayor Shaw noted Commission consensus to appoint Scott Snow to serve on the Firefighters' Pension Board of Trustees for a four-year term and congratulated Mr. Snow on his appointment. 4) APPOINTMENT RE: POLICE OFFICERS BOARD OF TRUSTEES (AGENDA ITEM V-4) City Auditor and Clerk Nadalini stated that the Police Officers Pension Board of Trustees consists of five members; that two members are selected by the Plan members and one is selected by the other four; that the Florida Statutes provide the legislative body will, as a ministerial duty, appoint the individual selected by the Board of Trustees; that the Board of Trustees has selected Ron Baty to serve on the Police Officers Pension Board of Trustees for a four-year term. Commissioner Atwell nominated Ron Baty for appointment. Hearing no other nominations, Mayor Shaw noted Commission consensus to appoint Ron Baty to serve on the Police Officers Pension Board of Trustees for a four-year term and congratulated Mr. Baty on his appointment. 5) APPOINTMENT RE: SARASOTA COUNTY STORMWATER ENVIRONMENTAL UTILITY ADVISORY COMMITTEE (SEUAC) (AGENDA ITEM V-5) City Auditor and Clerk Nadalini stated that the Sarasota County Stormwater Environmental Utility Advisory Committee (SEUAC) is comprised of ten individuals who serve staggered three-year terms; that no fewer than two members shall reside within the corporate limits of the City and shall be selected by the City Commission for recommendation to the Sarasota Board of County Commissioners (BCC); that included in the Agenda backup material are applications received from Kenneth Kiehl and Christopher Gallagher for Commission consideration.

7 Vice Mayor Chapman nominated Kenneth Kiehl for appointment. Commissioner Atwell nominated Christopher Gallagher for appointment. Kenneth Kiehl received four votes: Chapman, yes; Shaw, yes; Normile, yes; and Zimmerman, yes. Mayor Shaw noted Commission consensus to appoint Christopher Gallagher to the Sarasota County Stormwater Environmental Utility Advisory Committee (SEUAC). Mayor Shaw announced and congratulated Kenneth Kiehl and Christopher Gallagher on their appointments to the SEUAC. City Auditor and Clerk Nadalini stated that the Office of the City Auditor and Clerk will be sending out letters to all the newly appointed individuals and to the County regarding the Sarasota County Stormwater Environmental Utility Advisory Committee appointment. 9. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) APPROVAL RE: CONSENSUS OF THE CITY COMMISSION TO SCHEDULE FUTURE INFORMAL CITY COMMISSION MEETINGS (AGENDA ITEM VI-1) Commissioner Zimmerman stated that when the Commission meets in formal sessions, the Agenda is very rigid and does not allow the Commission time to explore ways to make the Commission meetings more efficient or explore ways of team and consensus building; that the belief is an Informal Meeting similar to those held in the past could be valuable to the Commission and would present a greater comfort level of what and how the Commission is doing; that the Agendas seems to be lengthening and expanding of their own right; that perhaps some items on the Agenda could be handled in a different manner; that the meetings would be open to the public and commence at 5:00 p.m. Commissioner Atwell stated that she recalls such a meeting three or four years ago and Commissioner Zimmerman was a reporter at the time; that the meeting which was a Retreat was held in a conference room at the Federal Building and was open to the public. City Auditor and Clerk Nadalini stated that a Retreat is not the same as an Informal meeting which is what Commissioner Zimmerman is suggesting. Commissioner Atwell stated that she is trying to differentiate the request being made and asked if Commissioner Zimmerman wanted a meeting like the one held at the Bayfront Community Center at which the topic was Strategic Planning strategies for Fiscal Year 2014 and beyond, and Deputy City Manager Brown stated that was a Retreat as well. City Auditor and Clerk Nadalini gave a brief overview to differentiate a Retreat from an Informal Meeting and stated that Commissioner Zimmerman is referring to an Informal Meeting, some of which were held in Conference Room 112 in the past; that an Informal Meeting does not necessarily require an elaborate Agenda; that various topics of interest can be discussed; that taking action is not allowed; that in the past Citizens Input has not been received; however, Citizens' Input could be allowed if desired; that an Informal Meeting is simply a forum at which Commissioners can discuss various topics which may appear on a future meeting Agenda. Commissioner Normile stated that such a meeting would be very helpful especially for the new Commissioners. Book 63 Page 34866

8 Book 63 Page Vice Mayor Chapman stated that the suggestion by Commissioner Zimmerman to hold the meeting at 5:00 p.m. is greatly appreciated since she has other employment. In response to comments and a question from Mayor Shaw indicating that agreement is expressed with all the remarks; that an Informal Meeting will provide an opportunity for the Commissioners to come together and exchange ideas about topics which will come before the Commission in the future, and asking for a legal opinion, City Attorney Fournier stated that the only caveat is for the Commission to not vote on a matter concerning public input prior to a vote. Discussion ensued about proposed dates and times for scheduling a Retreat with the inclusion of setting annual priorities as outlined in the City Charter and an Informal Meeting with locations to be determined, for the Office of the City Auditor and Clerk to work with the Commission s liaison to determine specific dates and times to afford timely notice for the public, drafting an Agenda and for the Deputy City Auditor and Clerk to attend the Informal Commission meeting as the result of a scheduling conflict with the City Auditor and Clerk. Mayor Shaw noted Commission consensus for Staff to schedule an Informal Meeting on Tuesday, January 27, 2015 at 5:00 p.m. with the location to be determined. Deputy City Manager Brown stated that Staff will continue to determine a date and time to schedule a Retreat with the inclusion of setting annual priorities as outlined in the City Charter. 2) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE SECOND AMENDMENT TO AND THIRD EXTENSION OF LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA GARDEN CLUB, INCORPORATED, PERTAINING TO CITY-OWNED PROPERTY LOCATED AT TH STREET IN THE AMOUNT OF $10.00 ANNUALLY (AGENDA ITEM VI-2) Asset Manager Robert Schanley, Purchasing Division, Financial Administration Department, came before the Commission and stated that at the December 1, 2014, Regular Sarasota City Commission meeting, the Commission directed Staff to place the item back on the Agenda for the January 5, 2015, Regular Sarasota City Commission meeting for consideration; that the Second Amendment (Amendment) to and the Third Extension of the Lease Agreement between the City and the Sarasota Garden Club (Garden Club) are included in the backup material; that in accordance with the Commission s direction, the City Attorney s Office modified language to reflect the current title of the Downtown Master Plan (Plan) 2020; that in addition the Amendment increases the liability insurance coverage requirements of the Tenant and adds Special Event insurance requirements to the lease; that the Agreement also extends the lease for an additional five years from January 1, 2015, to December 31, 2019, to reflect the exercise of the Tenant s third option to renew; that the Amendment adds an additional five-year option to the end of the lease with the final option period commencing January 1, 2035, and terminating on December 31, 2039; that the Tenant is responsible for all operations, maintenance, improvements, security and utilities to operate the Leasehold; that the annual rental fee is $10.00; that Staff recommends the Commission approve the Second Amendment to and the Third Extension of the Lease Agreement between the City and the Garden Club. City Attorney Fournier stated that as part of the original Lease Agreement between the City and the Garden Club, an option was included to extend the lease for five years which the Commission approved and had a discussion about the super-majority vote requirement for a portion of the lease renewal; that the extension of the lease from January 1, 2015, to December 31, 2019, does not require a super-majority vote since the extension is just an option which the Tenant has under the lease as currently written; that the portion of the lease the Commission discussed pertaining to adding on another five years to the end of the lease term would extend the lease from the end of 2034 to the end of 2039, which would require a super-majority vote.

9 City Attorney Fournier continued that the Tenant was informed the City was not agreeing to anything which could be construed as a lease in perpetuity; that language in the lease indicates the Commission grants the Garden Club the additional five years because the Commission agreed to grant the request which is of concern as the Commission was not required to do so by the term of the lease; however, the five years can be extended if the Commission desires. In response to a question from Commissioner Zimmerman asking for clarification about the Garden Club lease and if two separate decisions are being made by the Commission, City Attorney Fournier stated yes. A motion was made by Commissioner Zimmerman, seconded by Vice Mayor Chapman, and carried by a 5-0 vote to authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to and Third Extension of the Lease Agreement between the City of Sarasota and Sarasota Garden Club (Garden Club), Incorporated, pertaining to City-owned property located at th Street in the amount of $10.00 annually with the extension of an additional five years from January 1, 2015 to December 31, Discussion ensued about the option of extending the lease for another five years which would give the Garden Club the right unilaterally to extend the lease for the additional five years without the Commission s acquiescence or agreement. A motion was made by Commissioner Normile and seconded by Commissioner Atwell to extend the Lease Agreement between the City of Sarasota and Sarasota Garden Club (Garden Club), Incorporated, for an additional five-year term from 2034 to the end of Commissioner Zimmerman stated that lengthy term Lease Agreements to which the City often acquiesces are a concern and in no way reflects upon the Garden Club and Vice Mayor Chapman and Mayor Shaw agreed. Mayor Shaw called for a vote on the motion to extend the Lease Agreement between the City of Sarasota and Sarasota Garden Club (Garden Club), Incorporated, for an additional five-year term from 2034 to the end of 2039, which failed 2-3, with Mayor Shaw, Vice Mayor Chapman, and Commissioner Zimmerman voting no. 3) REPORT RE: PROPOSED ORDINANCE NO REGARDING ZONING TEXT AMENDMENT WHICH WOULD ALLOW THE TRANSFER ACROSS CERTAIN RIGHTS OF-WAY-OF DENSITY RIGHTS OR PARKING OBLIGATIONS WITHOUT REQUIRING AFFORDABLE HOUSING (AGENDA ITEM VI-3) City Attorney Fournier stated he wishes to correct for the record a mistake made at the December 1, 2014, Regular Sarasota City Commission meeting related to a statement of the pending Application for the vacation of May Lane, which was characterized as an alley; that May Lane is not an alley but is an approximately 40-foot right-of-way. Deputy City Attorney Michael Connolly, City Attorney s Office, came before the Commission and stated that at the December 1, 2014, Regular Sarasota City Commission meeting, the Commission directed the City Attorney s Office to schedule the proposed Amendment to Article VI, Zone Districts, Division I, General Section VI-104, amending the Zoning Code, 2002 Edition, which would allow the transfer of density rights or parking obligations across certain rights-of-way without requiring affordable housing; that Section VI-104 was included among the proposed Zoning Text Amendments (ZTA) recommended by Urban Design Studio (UDS) Staff; that Section VI-104 currently allows authorization density or parking requirements to cross rights-of-way if the development provides identified affordable housing. Deputy City Attorney Connolly referred to illustrated materials in the Comprehensive Plan and the street listing for the Thoroughfare Plan included in the Agenda backup materials and stated that Book 63 Page 34868

10 Book 63 Page the Zoning Code provision has not been utilized due to changes in the economic environment over the last decade; that a ZTA is proposed concerning the authorized density or required parking which could cross rights-of-way and sets forth a regulatory procedure which would be applicable to a requested transfer of density or parking requirements; and referred to a draft of proposed Ordinance No included in the Agenda backup material for discussion purposes. Deputy City Attorney Connolly continued that the proposed ZTA was drafted by the City Attorney s Office with assistance from the General Manager of the Neighborhood and Development Services (NDS) Department; that the language was ratified by Staff of the UDS; that prior to the start of the Commission meeting, Staff spoke to representatives of Rosalyne Holding, Inc., the Applicant for the Cityside Rosemary Project and was informed the ZTA would not solve their problem; that the Applicant will continue to move forward with the proposed Street Vacation for May Lane which is scheduled to go before the Planning Board/Local Planning (PBLP) Agency the week of January 14, 2015; that the PBLP recommendation which will be based upon the outcome and would come before the Commission in February 2015; that the Applicant for the Cityside Rosemary Project is proposing to construct more of a brick-type road; that the Cityside Rosemary Project will still allow public use for ingress and egress and will also need use of the rights-of-way for stormwater retention from the north to the south; that if May Lane is a public right-of-way, the Engineering and Design Criteria Manual (EDCM) or the City s Engineering Staff would likely not support the use of the rightof-way, which is the reason the Applicant for the Cityside Rosemary Project must move forward with the Street Vacation for May Lane; that Commission direction is sought concerning separating the proposed ZTA from a more global package which the UDS Staff is developing and authorization for Staff to schedule the ZTA for quasi-judicial public hearings before the PBLP and the Commission. In response to a question from Commissioner Zimmerman asking if selling the property on the south side of the street is not possible as the required parking for the north side of the street has been encumbered on the property on the south side, Deputy City Attorney Connolly stated that the keyword is encumbrance and the Commissioner s understanding is correct. Commission discussion ensued about assessing the matter from a redevelopment perspective 50 years into the future due to the impediment of selling properties, the elimination of the encumbrance when the structures are torn down, the usage of the term "perpetuity" as the wrong term to use, the actual phrase would be the useful life of the improvement," the inability to transfer density from Central and Cocoanut Avenues but the ability to cross over May Lane, and if any other rights are transferable besides parking and density, i.e., stormwater and greenspace. In response to a question from Vice Mayor Chapman asking the reason the affordable housing component was included and the reason for removal, Deputy City Attorney Connolly stated that speculation is based upon the timing of adoption and City Attorney Fournier stated that the Commission may prefer to keep the affordable housing component and consider the proposal with the other ZTA proposals and have Staff to explain further. Mayor Shaw stated that the City just lost an opportunity a few months ago concerning the Affordable Housing Trust Fund. Vice Mayor Chapman stated that the item should be included with the UDS proposals which will be submitted in the future; that the hope is the Commission will begin to consider affordable housing. Mayor Shaw noted Commission consensus to add an affordable housing component and consider proposed Ordinance No regarding the Zoning Text Amendment (ZTA) which would allow the transfer of density rights or parking obligations across certain rights-of-way with the other proposed Zoning Text Amendment proposals which the Urban Design Studio (UDS) Staff is currently developing and for the item to come back before the Commission for consideration in the future.

11 4) AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE CONTRACT AGREEMENT BETWEEN THE CITY OF SARASOTA AND ORION MARINE CONSTRUCTION, INC., (ITB #14-76BK) PERTAINING TO THE LIDO BEACH RENOURISHMENT PROGRAM FOR POST TROPICAL STORM DEBBY IN THE AMOUNT OF $3,677, (AGENDA ITEM VI-4) City Engineer Alexandrea DavisShaw, Building and Zoning Division, Neighborhood and Development Services (NDS) Department, came before the Commission, wished them Happy New Year and stated that Commission approval is sought to execute the Contract Agreement between the City of Sarasota and Orion (Orion) Marine Construction, Inc.; that the Lido Beach Renourishment Program is being funded differently than some other past projects; that the City was declared by the Federal Emergency Management Agency (FEMA) to have lost approximately 120,000 cubic yards of sand on Lido Beach as the result of Tropical Storm Debby; however, beach erosion has continued along the shoreline; that residents of Lido Key Beach are concerned about getting as much sand as possible since obtaining permits and funding is very difficult to obtain for these types of projects; that Staff's assessment of the matter is going further waterward or expanding the burrow area is impossible; that a solution would be to add additional fill to address the erosion which occurred from Tropical Storm Debby and to-date as the result of additional erosion; that Staff presented before the Sarasota County Board of Commission (BCC) evidence of losing approximately another 45,000 cubic yards of sand in July 2014 based upon a survey which was conducted; that the BCC was asked to allow City Staff to utilize additional Tourist Development Tax (TDT) dollars which was approved for up to $1 million to allow for additional sand above the volume covered by the FEMA project; that approval is sought for the larger project involving $1 million from the County and the City s existing TDT dollars along with funds received from the Florida Department of Environmental Protection (FDEP); that this amount matches approximately 25 percent of funds received from FEMA for the project and the balance of 75 percent of the original 120,000 cubic yards of sand covered by FEMA will be utilized. In response to a question from Commissioner Normile asking if the Lido Beach Renourishment Program will impact the United States Army Corps of Engineers (USACE) larger renourishment project, Ms. DavisShaw stated that the USACE has a certain plan to build; that if the sand is still there when the project is begun, the amount of sand to be replaced will be reduced; however, if the sand is eroded the USACE will continue to build the project as proposed; that the issue is timing; that the hope is the sand will remain in place so the USACE can reduce some of the volume which would reduce the cost. Discussion ensued concerning completing the Lido Beach Renourishment Program project during the turtle nesting season within the designated timeframe, approval of Orion, the contractor for the Lido Beach Renourishment Program project, has already been accomplished. In response to a question from Commissioner Zimmerman asking if sand would be borrowed from the New Pass channel, Ms. DavisShaw stated that sand would not be borrowed from the New Pass channel and referred to an aerial map displayed on the Chamber monitors outlining the area where sand will be borrowed, and Deputy City Manager Brown stated that sand will be borrowed from a shoal off of the New Pass channel. Discussion ensued about Staff providing information to citizens and recreational sailors regarding the impact on the New Pass channel, not borrowing sand from the New Pass channel for the Lido Beach Renourishment Program project since Longboat Key would like to use the New Pass channel sand, information has already been provided to the Sarasota Sailing Squadron (SSS) and the Sarasota Police Department (SPD) Marine Patrol Division by Staff, the flow of the sand coming from the north and continuing south, designated bird monitor(s) during the project, the proposed definition of a false crawl of sea turtles and the approximated timeframe of the project s commencement and end dates. Book 63 Page 34870

12 Book 63 Page A motion was made by Commissioner Zimmerman, seconded by Commissioner Atwell and carried by a 5-0 vote to authorize the Mayor and City Auditor And Clerk to execute the Contract Agreement between the City of Sarasota and Orion (Orion) Marine Construction, Inc., (LTB #14-76BK) pertaining to the Lido Beach Renourishment Program for post Tropical Storm Debby erosion in the amount of $3,677, ) CONTINUED DISCUSSION RE: HOMELESSNESS STATUS REPORT (AGENDA ITEM VI-5) Deputy City Manager Brown stated that Staff has nothing to report regarding homelessness and distributed to the Commission a letter dated December 5, 2014, to Commissioner Normile from Congressman Vernon G. Vern Buchanan (Congressman Buchanan), United States House of Representatives, 13th District of Florida, requesting the Commission support the effort to reform the nation s mental health system by supporting the Helping Families in Mental Health Crisis Act (H.R. 3717), sponsored by Congressman Tim Murphy, United States House of Representatives, 18 th District of Pennsylvania; that no action is required by the Commission; that the item will be placed on a future Agenda for Commission consideration. Commissioner Normile stated that the belief is everyone received a visit from Congressman Buchanan asking for support of H.R. 3717; that the Bill is a necessity and would correct some of the worst problems within the mental health system such as the inability of families to access the records of a mentally ill family member or even a child who may be 18 years of age; that the hope is the Commission will pass a Resolution supporting the Bill; that the Congressman s assistant was requested to occasionally asked Congressman Buchanan to inform the Commission when funding becomes available and to please consider Sarasota, Florida, for some type of facility. In response to a request from Vice Mayor Chapman asking the language be slightly revised to say mental illness if possible, Commissioner Normile stated that the change can be made. Mayor Shaw stated that the issue is not only a City issue but a regional issue and would like to see the matter addressed by the ManaSota League of Cities, Inc. (MSLC) to broaden the conversation and to avoid the issue of Not In My Backyard (NIMBY) concerning the placement of a facility; that the MSLC may have a better chance for receiving funds. Deputy City Manager Brown stated that Staff will follow-up with the Office of the City Auditor and Clerk once the Commission adopts the proposed Resolution with the revised language to ensure the MSLC receives a copy. Commissioner Atwell stated that her meeting with Congressman Buchanan was enjoyed. Commissioner Zimmerman read the following sentence from Congressman Buchanan s letter: the reform Bill is not expected to carry any cost because it simple reorganizes the dollars the federal government spend on mental health services. Commissioner Zimmerman stated that the funds are a reorganization of the monies which have already been appropriated for mental health care. Mayor Shaw noted Commission consensus for Staff to place the item on a future Agenda with the revised language. Discussion ensued about the feeding of approximately 100 individuals in the City s parking lot on Sunday, January 4, 2015, by the Calvary Church of Christ. Vice Mayor Chapman stated that the memorial held at The Salvation Army for a gentleman who died as the result of being attacked by yellow jackets was attended; that the implications of the

13 gentleman having been trespassed out of Gillespie Park are not true; that the gentleman had been offered services through The Salvation Army numerous times. 10. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM VII) COMMISSIONER ATWELL: A. stated that the Downtown New Year s Eve event was absolutely fabulous; that two Sarasota Police Officers are acknowledged for providing the service of assisting the Commissioners through the crowd. B. stated that the Sarasota Bay Estuary Program Policy Board of which she is a member recently held their Retreat at Marie Selby Botanical Gardens in the Great Room by the Bay; that the Great Room by the Bay would be an excellent place to have the Commission s Informal Meeting. C. requested that Staff provide the Commission with a membership status report for the Robert L. Taylor Community Complex (RLTCC) and asked if plans are in place to hold a membership drive this year. D. stated that the 2015 Embracing Our Differences kick-off event was attended which was excellent. E. stated that the Sarasota Police Department (SPD) Volunteer Party was attended which was absolutely phenomenal and Vice Mayor Chapman was also in attendance. F. stated that the Winter Luncheon for City employees was attended which was fabulous and the Commissioners served the luncheon to Staff. G. stated that partnering with a wonderful woman student scholar from Florida State University (FSU) is an honor; that the she is interested into analyzing the jail population; that the hope is to identify an internship for her at the Sarasota County Sheriff's Department or the Sarasota Police Department. A motion was made by Commissioner Atwell, and seconded by Commissioner Zimmerman to extend the meeting beyond 4:30 p.m. Hearing no objections, Mayor Shaw noted Commission consensus to extend the meeting beyond 4:30 p.m. COMMISSIONER ZIMMERMAN: A. requested Staff provide the Commission with a status report concerning the City s Donation Policy. City Attorney Fournier stated that the City s Donation Policy was reviewed in the context of the Ernest Doc Werlin donation; that the conclusion was the policy was not applicable to City s Donation Policy which is not an all-encompassing policy, and Deputy City Manager Brown stated that Staff has been working with the City Attorney s Office and an item will be placed on the Agenda of the January 20, 2015, or February 2, 2015, Regular Sarasota City Commission meeting. B. stated that the vacant Ringling Shopping Center located off of Main Street was used by The Salvation Army this year to store toys and bicycles for Christmas; that parents were issued a voucher to stop by and pick up toys before Christmas; that the event was the first community spirited activity seen at the site. Book 63 Page 34872

14 Book 63 Page COMMISSIONER NORMILE: A. stated that the Poinsettia Park and Indian Beach Sapphire Shores Homeowners Association meetings were attended; that attendance at both meetings was large and impressive. B. stated that the Economic Development Council (EDC) training was attended which was very professionally done. VICE MAYOR CHAPMAN: A. stated that the events she and the other Commissioners attended were all very enjoyable and nice holiday events. B. stated that the Old Gillespie Park Neighborhood Association meeting was attended along with Mayor Shaw and Commissioner Atwell; that the meeting was very positive and they were looking to create more activities in the park as a way to deal with the underlying issue of the gathering of street people; that Dale Orlando is acknowledged for the tremendous amount of research done on the Housing First initiative. C. stated that the funeral service of John Rivers, a community icon was attended; that Mr. Rivers brought the idea of equal opportunity and direct action to achieve it to the community. D. stated that the Coalition of City Neighborhood Associations (CCNA) meeting was attended on Saturday, January 3, 2015; that the Community Redevelopment Agency (CRA) presentation was outstanding. MAYOR SHAW: A. stated that the passing of the three-term former New York State Governor Mario Cuomo on January 1, 2015, is recognized; that on the same day of his passing his son Andrew Mark Cuomo was confirmed to begin his second term to serve as Governor for the State of New York. B. stated that he too attended the funeral service of John Rivers, who was one of the individuals who signed and brought the lawsuit against the City to create District 1; that Commission consensus is sought for the Office of the City Auditor and Clerk to draft a Memorial Resolution for Mr. Rivers for Black History Month in February Mayor Shaw noted Commission consensus for the Office of the City Auditor and Clerk to draft a Memorial Resolution for John Rivers for Black History Month in February C. stated that the pinning of the Meritorious Service medal for Warren Davis as a tribute to his military service was attended at his home with wife Ruth which was a very moving moment to see veterans get this recognition. D. stated that the Downtown New Year Eve s event gathering was great and the lyrics to Auld Lang Syne along with other songs are not known since he is not a singer. E. stated that he presented the Key to the City of Sarasota, Florida to Vanessa Williams, the first African-American Miss America, actress, singer/song-writer and producer on Friday, January 2, 2015, at the Van Wezel Performing Arts Hall (VWPAH); that Staff at the VWPAH is recognized for doing an excellent job. 11. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM VIII) CITY AUDITOR AND CLERK NADALINI:

15 A. stated that the qualifying period for the 2015 City Commission Municipal Election for District Seats 1, 2 and 3 began today at noon and will end on Friday, January 9, 2015 at noon. CITY ATTORNEY FOURNIER: A. stated that the Downtown Improvement District (DID) Board of Directors has a meeting on January 6, 2015, and is considering making clarifications to their policy for awarding grants; that Staff has received a copy of their policy and the Ordinance which created the DID will need to be clarified to show the DID does have authority to award grants; that Commission consensus is sought for Staff to begin working on a draft Ordinance. Mayor Shaw noted Commission consensus for Staff to draft an Ordinance to clarify the Downtown Improvement District (DID) has the authority to award grants and to bring the draft Ordinance back before the Commission for consideration. B. stated that under New Business, Agenda Item XIV, Item No. 4, Report Re: Applicability of City Sign Regulations to A-Frame Message Boards and Plastic Styrofoam Boards affixed to City light poles at the November 17, 2014, Regular Sarasota City Commission meeting, the Commission voted to direct the City Attorney to define the word "sign" in the City s Sign Ordinance as the commonly understood dictionary meaning for the word; that the item will be heard by the Planning Board/Local Planning (PBLP) Agency during the month of January 2015; that at the time Staff mentioned the one exception would be the banners which the City allows on the City's light poles; that Commission consensus is sought to place the item on the January 20, 2015, or February 2, 2015, Regular Sarasota City Commission meeting for discussion. Mayor Shaw noted Commission consensus for Staff to place the item on the January 20, 2015, or February 2, 2015, Regular Sarasota City Commission meeting for further discussion. C. stated that Commission consensus is sought to hold an Out-of-the Sunshine meeting on January 15, 2015, at 5:00 p.m. regarding a lawsuit filed by Lieutenant Kevin Stiff and others from the Sarasota Police Department (SPD) which challenges the implementation process of a City Ordinance concerning the Police Officers Pension Plan which was adopted in October Mayor Shaw noted Commission consensus for Staff to schedule an Out-of-the Sunshine meeting on Thursday, January 15, 2015 at 5:00 p.m. The Commission recessed at 4:37 p.m. and reconvened at 6:00 p.m. Mayor Shaw recognized and thanked former Mayor, Vice Mayor and City Commissioner Fredd Glossie Atkins for doing an outstanding Community Redevelopment Agency (CRA) presentation at the Coalition of City Neighborhood Associations (CCNA) meeting on Saturday, January 3, 2015; that Mr. Atkins deserves a round of applause from the Commission. Deputy City Manager Brown stated that Deputy Police Chief Stephen Moyer, Sarasota Police Department (SPD), is recognized in the audience and will be moving back to Maryland to bigger and better things; that Deputy Police Chief Moyer will be missed and is thanked for his service to the City. 12. SCHEDULED PRESENTATIONS (AGENDA ITEM X) 1) PRESENTATION RE: PAINTBOX SARASOTA PRESENTER(S): JIM SHIRLEY, EXECUTIVE DIRECTOR, THE ARTS AND CULTURAL ALLIANCE OF SARASOTA COUNTY, INC. (AGENDA ITEM X-1) Jim Shirley, Executive Director, The Arts and Cultural Alliance (ACA) of Sarasota County, Inc., and Jerry Simon, City Resident and long-time business person, came before the Commission. Book 63 Page 34874

16 Book 63 Page Mr. Shirley referred to a PowerPoint presentation on the Chamber monitors, gave an overview of the Paintbox Project, and stated that Mr. Simon and his wife were on a trip to Calgary, Alberta, Canada, a couple of years ago, saw utility boxes in the City of Calgary painted by local artists, and brought the idea to the ACA as something Sarasota, Florida, could embrace; that Commission consideration for support of the project is sought. Mr. Simon stated that he and his wife walked towards one of the painted utility boxes while Downtown in a busy shopping area and later encountered more in other parts of the City of Calgary; that all the painted utility boxes were beautiful works-of-art; that the painted utility boxes have been in North America for approximately 10 to 12 years based upon research conducted; that Calgary was one of the first places to have them followed by: Boston Bakersfield Minneapolis Topeka Sacramento Fort Collins Tempe San Diego Santa Clara Salem Berkley Portland Rochester Mr. Shirley continued the PowerPoint presentation and stated that Commission consideration and support of the project is sought to allow the ACA in conjunction with City Staff to consider looking at the proposed project and move forward with painting up to 20 boxes over the next several months on a trial basis; that included in the Agenda backup material is a draft proposal which outlines the project; that a juried committee would help select the art; that the ACA would seek sponsorships; that Scott Paint Company has already agreed to provide the paint; that the proposal indicates the boxes to be painted would be selected by a committee, the ACA and City Staff; that the project would be managed by the ACA as a project; that no public funding would be required and the selected boxes will be within City limits. Discussion ensued about the ACA proposal would include an Agreement with the artist who would be responsible for the painted boxes to assure maintenance and touch up as necessary even as the result of fading from the sun, as outlined in the draft proposal to the City, the boxes will be returned as originally installed if anyone feels the painted boxes are not appropriate, the possibility of utilizing students from Ringling College of Art and Design, the selected artists would receive a stipend as payment for their time and effort, all the boxes to be painted are made of aluminum and the City s Public Art Committee (PAC) could be considered to vet the selected art. Mayor Shaw on behalf of the Commission thanked Messrs. Shirley and Simon for the presentation. 13. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) The following people spoke: Deputy Police Chief Stephen Moyer, Sarasota Police Department (SPD), read a prepared statement, indicating he has been employed with the SPD for 21 months which have been one of the greatest 21 months of his life, the Commission is thanked for giving him the opportunity to serve, people will show respect as the result of one s title, but one is successful when people give respect based on the name on one's birth certificate. Elaine Owen read a prepared statement indicating improper use of Payne Park for events such as the Annual Pumpkin and Snow Festivals is of concern, the events damage the grass, the sidewalks are stained from food booths, and considerable trails of litter are left behind.

17 Dan Kriwitsky thanked the Commission for coming to the main stage at the Downtown New Year s Eve event and indicating one of the ways the events are funded is through the sale of alcohol, in the past a number of businesses who do not have Alcohol License Permits for the festival continue to sell alcohol outside of the establishments, the issue has been brought forward to the Sarasota Police Department which has indicated the situation will be discussed with the City Attorney s Office and yet the competition continues each year. 14. LEGISLATIVE PUBLIC HEARING (AGENDA ITEM XII-A) City Auditor and Clerk Nadalini administered an oath to persons wishing to speak during the public hearings. 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO , CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER THE CITY CHARTER SHALL BE AMENDED TO PROVIDE THAT AN INDIVIDUAL WHO IS ELECTED OR APPOINTED TO THE CITY COMMISSION TO FILL A VACANCY IN AN AT LARGE SEAT SHALL HAVE BEEN A RESIDENT AND QUALIFIED ELECTOR OF THE CITY FOR ONE YEAR PRECEDING THE DATE HE OR SHE TAKES THE OATH OF OFFICE; AND TO PROVIDE THAT AN INDIVIDUAL WHO IS ELECTED OR APPOINTED TO THE CITY COMMISSION TO FILL A VACANCY IN A DISTRICT SEAT SHALL HAVE BEEN A RESIDENT AND QUALIFIED ELECTOR OF THE DISTRICT TO BE REPRESENTED FOR ONE YEAR PRECEDING THE DATE HE OR SHE TAKES THE OATH OF OFFICE; STATING THE REFERENDUM BALLOT QUESTION AND TITLE; STATING THE TEXT OF THE PROPOSED CHARTER AMENDMENT; STATING THE DATE ON WHICH THE REFERENDUM WILL BE HELD; PROVIDING AN EFFECTIVE DATE FOR THE CHARTER AMENDMENT, IF APPROVED, ETC. (TITLE ONLY) (AGENDA ITEM XII- A-1) Mayor Shaw opened the public hearing. City Attorney Fournier stated that proposed Ordinance No is an Amendment to the City Charter concerning the requirement for one year of City residency as a qualified elector for election or appointment to the City Commission; that the current City Charter requires an individual who runs for office as an At-Large or District Commissioner to have been a resident and qualified elector of the City one year prior to the date of commencement of the four-year term of office; however, the requirement is not specifically applicable to a person who may want to run in a Special Election or appointed to fill a vacancy on the City Commission; that Article III, Section 5, of the City Charter addresses both Special Elections to fill a vacancy occurring in the first three years of a Commissioner s term and appointments for the last year of the term of the Commissioner creating the vacancy by the City Commission or the Governor; that Section 5 does not specifically impose either a one-year residency requirement or a one-year qualified elector requirement on persons who might seek an appointment to fill a vacancy or for persons wanting to run in a Special Election to fill a vacancy on the City Commission; that the Charter Review Committee appointed by the Commission in 2010 through 2011 became came aware of the lack of specifying language and recommended an Amendment to the City Charter which was placed on the Electoral Ballot (Ballot); that the Amendment was defeated possibly because the proposed Amendment was grouped with other proposed Amendments; that the proposed Amendment would be submitted to the voters as a single issue on the Ballot if the Commission adopts proposed Ordinance No City Attorney Fournier stated that also included in the Agenda backup material are two alternate drafts of the language to be added to proposed Ordinance No ; that the Commission is requested to choose one of the draft alternate summaries; that the local Charter Amendment Referendum is subject to the provision of the Florida State Statute requiring the ballot summary or question be an explanatory statement of the chief purpose of the measure and is not to exceed 75 words. Book 63 Page 34876

18 Book 63 Page Discussion ensured about the district run-offs, extensive cost of approximately $60,000 for a Special Election, for the Commission to choose one of the two alternate draft summaries to be added to proposed Ordinance No , and the Commission choose Summary No. 1 which reads: Requires persons elected or appointed to fill a vacancy in an At-Large City Commission seat to have been a resident and qualified elector of the City for one-year prior to taking the Oath of Office. Requires persons elected or appointed to fill a vacancy in a District City Commission seat to have been a resident and qualified elector of the district to be represented for one year prior to taking the Oath of Office. No one signed up to speak and Mayor Shaw closed the public hearing. City Auditor and Clerk Nadalini read proposed Ordinance No by title only. A motion was made by Commissioner Atwell, seconded by Commissioner Zimmerman, and carried by a 5-0 vote to pass on first reading proposed Ordinance No with the inclusion of Summary No. 1. 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO , CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER THE CITY CHARTER SHALL BE AMENDED TO PROVIDE THAT THE 180 DAY PERIOD ALLOWED TO OBTAIN SIGNATURES FOR A CITIZENS INITIATIVE PETITION TO AMEND THE CITY CHARTER SHALL COMMENCE UPON THE DATE THAT A COPY OF THE PETITION IN FINAL FORM IS SUBMITTED TO THE OFFICE OF THE CITY AUDITOR AND CLERK; TO REQUIRE THAT CITIZENS INITIATIVE PETITIONS BE FILED WITH THE OFFICE OF THE CITY AUDITOR AND CLERK ON OR BEFORE THE DATE THAT THE FIRST SIGNATURE IS OBTAINED; AND TO PROVIDE THAT THE ORDINANCE SCHEDULING A REFERENDUM ON A PROPOSED CHARTER AMENDMENT RESULTING FROM A CITIZENS INITIATIVE PETITION SHALL BE ADOPTED WITHIN SIXTY (60) DAYS AFTER THE PETITION CONTAINING THE REQUIRED NUMBER OF SIGNATURES IS PRESENTED TO THE CITY COMMISSION; STATING THE REFERENDUM QUESTION AND TITLE; STATING THE TEXT OF THE PROPOSED CHARTER AMENDMENT; STATING THE DATE ON WHICH THE REFERENDUM WILL BE HELD; PROVIDING AN EFFECTIVE DATE FOR THE CHARTER AMENDMENT, IF APPROVED, ETC. (TITLE ONLY) (AGENDA ITEM XII-A-2) Mayor Shaw opened the public hearing. City Attorney Fournier stated that proposed Ordinance No concerns an Amendment Referendum of the qualified electors of the City for the purpose of determining whether the City Charter shall be amended to provide the 180-day period allowed to obtain signatures for a citizens initiative petition shall commence on the date a copy of the petition in final form is submitted to the Office of the City Auditor and Clerk; that the Amendment would also extend the time to adopt an Ordinance for a Referendum on a Charter Amendment proposed by a citizens petition showing the date the signature was received; that the current timeframe would change from 30 days to 60 days after the petition is presented to the City Commission; that the City Charter can be amended by: 1. City Commission adoption of a proposed Ordinance to place a question on the Electoral Ballot 2. A Citizens Initiative Petition City Attorney Fournier continued that before 2012, the City Charter allowed citizens wanting to place a proposed Amendment on the Electoral Ballot (Ballot) 90 days to gather all the necessary signatures which ran 90 days backwards from the date the petition was submitted to the City; that confusion arose as to whether the 90 days ran backwards from the date the actual signatures was received by the Office of the City Auditor and Clerk or the date the item was actually placed

19 on the City Commission s Agenda; that language in the current City Charter did not reflect the change which has now been applied to indicate the date received by the Office of the City Auditor and Clerk; that in 2012, the voters also voted to extend the 90-day period to 180 days for gathering signatures which must be verified by the Supervisor of Elections Office within the 180-day period. Discussion ensued about Staff's receiving questions regarding the deadline for submitting signatures in 2014 as a group calling itself It s Time Sarasota announced a proposed Charter Amendment for the Ballot for citizens to vote to change the current form of City Government to an elected Mayor with executive authority, the result would be the Mayor would be the only City Official elected At-Large, the date of the proposed Referendum was to be considered for the Ballot in the November 2014 general election, the change would become effective within 30 days so the proposed five district elections would be held in the Spring 2015 if approved by the voters, the responsibility of the Commission and not the signature gathers is to decide upon specific language to be placed on the Ballot since the Ballot language may differ from the language used on the petition Summary, decide upon the Referendum date, decide how the Amendment would be implemented along with the effective date, and for the Commission to choose one of the two alternate draft summaries to be added as the Summary for proposed Ordinance No , and the Commission choose Summary No. 2, which reads: Provides that a copy of a citizens initiative petition to amend the City Charter must be filed with the City Clerk before signatures are collected; that 180-day period to obtain signatures on petitions shall commence upon the date such copy is filed with the clerk and certified as received; extends the time period to adopt an Ordinance scheduling the Charter Amendment proposed by citizens initiative for Referendum from 30 to 60 days after the petition is filed is presented to the City Commission. No one signed up to speak and Mayor Shaw closed the public hearing. City Auditor and Clerk Nadalini read proposed Ordinance No by title only. A motion was made by Commissioner Zimmerman, seconded by Commissioner Atwell, and carried by a 5-0 vote to pass on first reading proposed Ordinance No with the inclusion of Summary No QUASI-JUDICIAL PUBLIC HEARING (AGENDA ITEM XII-B) 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO TO VACATE THOSE TWO CERTAIN PRIVATE UTILITY EASEMENTS CONSISTING OF APPROXIMATELY 2,114 SQUARE FEET AND 1,783 SQUARE FEET, EACH EASEMENT HAVING BEEN DEDICATED ON THE RENAISSANCE OF SARASOTA PHASE II PLAT; ALL IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF, ETC. (TITLE ONLY) (APPLICATION NO. 15-SV-01, APPLICANT RYAN STUDZINSKI, OF ICON REAL ESTATE VENTURES, LLC, AS CONTRACT PURCHASER AND AGENT REPRESENTING ACP/ALINARI, LLC, AS THE FEE SIMPLE OWNER) (AGENDA ITEM XII-B-1) Mayor Shaw opened the public hearing. City Attorney Fournier stated that Street Vacations are generally the subject of legislative public hearings; however, proposed Ordinance No pertains to the approval of a subdivision plat along with the vacating of two private utility easements dedicated on the Renaissance of Sarasota Phase II Plat; that the recommendation is to take two separate votes on the item since the two applications have been combined; that one Affected Person has signed-up to speak; that the Commission is to base their decision on competent, substantial evidence to be placed into the record; that 15 minutes is recommended for the Applicant's and Staff s presentations; that five Book 63 Page 34878

20 Book 63 Page minutes is recommended for rebuttals and for the Affected Person; that Commissioner ex-parte communications about the merits of proposed Ordinance No outside of a Commission meeting should be disclosed on the record. Mayor Shaw asked Commissioners for ex-parte communications, if any, for the record. Mayor Shaw, Vice Mayor Chapman Commissioners Atwell, Normile and Zimmerman stated that no ex-parte communications have occurred. In response to a question from City Attorney Fournier asking if the Applicant was heard before Staff when the item was presented at the Planning Board/Local Planning (PBLP) Agency, Senior Planner Courtney Mendez, Building and Zoning Division, Neighborhood and Development Services (NDS) Department, stated yes from the audience. Ryan Studzinski, Manager, Icon Real Estate Ventures, LLC, and Mark Adler, Landscape Architect, P.E., PlaceMaker Design Studio, LLC, representing George F. Young, Civil Engineer, Y George F. Young, Inc., came before the Commission. Mr. Studzinski displayed and referred to copies of PowerPoint slides displayed on the Chamber monitors and stated that Subdivision Replat Application No. 14-SUB-02 and Easement Vacation Application No. 15-SV-01 are for the development and replat of the existing project within the Downtown Rosemary District in conjunction with the vacation of an unutilized easement; that a 30-unit community is proposed; that the site acreage is approximately 1.5 acres which has an allowable density for up to 32 units; however, only 30 units are proposed; that the site of the project is within the Downtown Edge (DTE) Zone District just north of Fruitville Road in the Rosemary District; that currently 16-unit spaces are recorded and the proposed intent is to increase to 30 units; that a third of the proposed units are under 1,350 square feet; that the unutilized easement was recorded as part of a previous plat intended to service future development at the site; however, Application Nos. 14-SUB-02 and 15-SV-01 does not require the easement and a vacation is being requested. In response to a question from Commissioner Zimmerman concerning the intended original use of the easement, Mr. Studzinski stated that the original easement was for water and sewer usage, and Mr. Adler stated that the original easement was probably intended for water and sewer usage; however, the original intention is not certain; that the easement is not a necessity for the proposed project. Mr. Studzinski continued the presentation by outlining the proposed Site Plan for the project and stated that a mix of two- and three-story units will be developed; that May Lane would have threestory units; that units fronting along Cocoanut Avenue as well as Boulevard of the Arts would all be two stories; that all the units would consist of interior garages within the interior drive aisle and would come with a two-car garage; that Spanish Mediterranean style architecture with some contemporary flair is proposed; that a small amenity area is oriented within the property to house the mail kiosk area along with a little community space; that in addition visitors' parking will be provided beyond the two spaces per unit; that various palm trees and birds of paradise plantings will be incorporated into the project along with Spanish tiles at the front entries for color enhancement. In response to a question from Vice Mayor Chapman asking the type of engineering completed to address the stormwater issues which were brought forward in November 2014 at the PBLP meeting, Mr. Adler stated that since the PBLP meeting, they met with the Southwest Florida Water Management District (SWFWMD) which issued the original state stormwater permit for the original project; that the original state stormwater permit will be modified as the result of the proposed project.

21 Discussion ensued regarding the modification of the original SWFWMD issued stormwater permit for the proposed project, the actual split between impervious and pervious surface for the proposed project which is 75 percent impervious and 25 percent pervious for the total project, and retaining the existing trees within the rights-of-way and sidewalks. Senior Planner Courtney Mendez, Building and Zoning Division, Neighborhood and Development Services (NDS) Department, came before the Commission and stated that the Applicant did a thorough job of explaining the proposed project; that initially the project began with four Applications: 1) Street/Easement Vacation, 2) Site Plan (SP), 3) Subdivision Replat, and 4) Adjustment to the Downtown Code requirements; that the SP and adjustments were approved by the PBLP contingent on approval of the following two Applications being presented this evening, 1) Subdivision Replat Application No. 14-SUB-02 and 2) Easement Vacation Application No. 15-SV-01; that originally the proposed site was under the Master Development Agreement for the project; that the site would have allowed up to 32 residential units as well as an additional 40,000 square feet of office space and 35,000 of retail space which could have also been allowed within the Master Project; that the Easement Vacation comes under the same criteria as a Street Vacation which was covered in the Staff Report included in the Agenda backup material and discussed at the PBLP meeting; that Staff recommends the Commission approve the Subdivision Replat Application No. 14-SUB-02 and 2) Easement Vacation Application No. 15-SV-01. The following person spoke: Laurie Rosin, Affected Person and property owner of the following properties located across the street from the proposed project: 1238, 1240, 1242, 1242½ and 1244 Boulevard of the Arts, indicating the development taking place on Cocoanut Avenue is exciting, the Bayfront 20:20 meetings have been attended, maps and charts presented by the Applicant should be made available for further review to determine the effect of egress upon her tenants. Deputy City Manager Brown left the Chambers at 7:10 p.m. and Director Timothy Litchet, Neighborhood and Development Services (NDS) Department, sat at the dais until his return to the Chambers at 7:20 p.m. Mr. Studzinski stated that the specific details of the proposed project plans can be reviewed with Ms. Rosin; that none of the existing configuration of the site will be modified. Discussion ensued about the proposed project construction staging, construction hours, assurance of the survival of the trees along Cocoanut Avenue and as part of the project requirement to have on- or off-site parking. In response to question from Mayor Shaw asking if trees exist on Cocoanut Avenue, Ms. Mendez stated that currently smaller trees exist in the sidewalks and rights-of-way located behind Hotel Indigo; that the existing royal palm trees along May Lane will be relocated; that eight-inch black olive trees are along Cocoanut Avenue. City Auditor and Clerk Nadalini read proposed Ordinance No by title only. A motion was made by Commissioner Atwell, seconded by Commissioner Normile, and carried by a 5-0 vote to pass on first reading proposed Ordinance No for approval of Street/Easement Vacation Application No. 15-SV-01. The Commission recessed at 7:18 p.m. and reconvened at 7:28 p.m., and Commissioner Normile returned to the dais at 7:29 p.m. City Attorney Fournier stated that the public hearing presented to the Commission prior to the recess regarding proposed Ordinance No requires two votes; that the Commission only voted to approve the Street/Easement Vacation; that another vote is necessary for the approval of the Renaissance Subdivision Replat Application No. 14-SUB-02. Book 63 Page 34880

22 Book 63 Page A motion was made by Commissioner Atwell, seconded by Commissioner Normile, and carried by a 5-0 vote to pass on first reading proposed Ordinance No for the approval of the Renaissance Subdivision Replat Application No. 14-SUB NEW BUSINESS (AGENDA ITEM XIV) 1) DISCUSSION RE: VICE MAYOR CHAPMAN S ATTORNEY FEES INCURRED IN LITIGATING SUIT FILED BY CITIZENS FOR SUNSHINE (AGENDA ITEM XIV-1) City Attorney Fournier stated that the item concerns attorney fees incurred in the context of the lawsuit filed in October 2013 by a group calling itself Citizens for Sunshine ; that originally the citizens for Sunshine versus City of Sarasota, et al., Case No CA 7532 NC, lawsuit was filed against the City and Commissioners Atwell and Chapman; that the case is on-going only against Vice Mayor Chapman at this time; that the topic of the City s payment of attorneys fees on behalf of Vice Mayor Chapman was discussed with the Commission four times; that the minutes reflecting the dates are included in the Agenda backup material; that attorney fees were paid from the start of the lawsuit through the end of February 2014; that William J. Fuller, III, Attorney, representing Vice Mayor Chapman is present in the audience and could address questions regarding what has occurred during the ten-month period since that time; that Staff would like to address two points which were raised by Commissioner Zimmerman; that one is in the content of an he sent to the Commission and Charter Officials dated December 14, 2014, and the other which may have been alluded to at the December 1, 2014, Regular Sarasota City Commission meeting, when he requested to have this item placed on the Agenda to discuss standards or policy guidance; that a two-part test applies in the State of Florida; that the two questions to ask are: 1) Was the conduct which caused or resulted in the lawsuit undertaken during the course of performing official duties? 2) Was the conduct undertaken for a public purpose as distinguished from a private purpose? City Attorney Fournier continued that no one was at the subject meeting for private business; that the meeting was for public business; that the inquiry would have stopped at this point if an allegation in the context of the lawsuit of a violation of Florida's Government-in-the-Sunshine (Sunshine) law had not been made; however, with an allegation of a violation of the law, the Commission would have to take the allegation into consideration since the law also indicates the local government is not to be responsible for the attorneys fees of a public official if the public official is found to have willfully or intentionally violated the law, which would be sensible; that the City Charter gives discretionary authority to pay the attorneys' fees for all Commissioners even though a violation of the law may be found; that the policy and the presumption should be given to the two-part test, which is the fees should be covered and paid unless some credible evidence exists or the Commission has reason to believe the person acted intentionally and knowingly to violate the law; that in the absence of any such credible evidence, the attorneys fees would be covered; that for good reasons the Commission has the discretion to cover attorneys fees under the circumstances when a court might find the law has been violated since oftentimes the law is not entirely clear and sometimes the violation can be totally unintentional or inadvertent; that this case probably presents a good example since the plaintiff is advocating or espousing what is believed to be a new interpretation of the law; that no other cases are known in the State of Florida in which the City Attorney has instructed local elected officials of Sunshine Law and the Jennifer R. Finch and SC Read, Inc., Appellant versus Seminole County School Board case should be construed or interpreted the way the plaintiff's attorneys interpret the case or the Sunshine Law; that two major questions are involved if the case turns out the wrong way: 1) Vice Mayor Chapman is not the prevailing party and the court makes a factual finding a discussion about a matter to come before the Commission did take place.

23 2) Vice Mayor Chapman could conceivably be found to have violated the Sunshine Law if the court somehow agrees with the plaintiffs on their legal argument, i.e., the Sunshine Law was violated under the circumstances of two Commissioners being present and just listening. City Attorney Fournier stated that a suggestion was heard at the December 1, 2014, Regular City Commission meeting which was not fully addressed in Commissioner Zimmerman s of the provision of legal defense by the City Attorney s Office rather than outside counsel; that Staff reviewed the issue; that however the lawsuit is resolved some ramifications will exist for both the City as an entity and for Vice Mayor Chapman which may differ; that he was deposed for over two hours and Deputy City Attorney Michael Connolly might become a potential witness in the case; that for those reasons Vice Mayor Chapman should continue to retain independent outside counsel; that Mr. Fuller has estimated the unpaid attorneys fees for the past ten months at $23,000; that the City paid $85,000 in attorneys fees within the first four months when the case was progressing; that things have slowed as a practical matter due to the concern about expenditures or the lack of funds; that Vice Mayor Chapman has an interest which qualifies under the Statute as a conflict, will have to abstain from voting, and will have to complete form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers within 15 days of this meeting. Vice Mayor Chapman stated that on any given day any public official does not know the meaning of the Sunshine Law due to the kind of litigation which has gone on and depending upon the case or any given case; and referred to a 2012 article in Volume 41, Stetson Law Journal, entitled: Beyond Debatable Limits : A Case for Legislative Clarification on Florida s Sunshine Law by Cheryl Cooper Vice Mayor Chapman stated that since the article which is considered to be a seminal article on the Sunshine Law, no legislative clarification has been received; that a government meeting has not been defined by the Sunshine Law; that many other states define a government meeting; that public officials in the State of Florida must rely on the opinions of the attorney, Attorney General, training, and historical practice. Discussion ensued with Vice Mayor Chapman's referencing an article in the Monday, January 5, 2015, Sarasota Herald-Tribune newspaper entitled Revisiting Chapman Lawsuit and reading into the record a follow-up about the article sent to reporter Ian Cummings and the fact Mr. Fuller provided approximately 100 deposition dates to legal consultant Michael Barfield and Attorney Andrea Mogensen, The Law Office of Andrea Mogensen, for depositions of their witnesses to no avail, and the number of scheduled depositions cancelled without prior notice which is considered to be unprofessional behavior. The following people spoke: John Minder indicating the recommendation made by Commissioner Zimmerman for the City to pay Vice Mayor Chapman s attorneys fees is supported. Jude Levy wished the Commission a Happy New Year, indicating Commissioner Zimmerman is thanked for placing this item on the Agenda and on that day Vice Mayor Chapman was doing the City s bidding when she attended a Downtown meeting to listen to citizens and their concerns. Nancy Richardson, Downtown resident, indicating Vice Mayor Chapman is her Commissioner and has been a ray of sunshine for her when dealing with City politics. Arthur Levin read a prepared statement indicating the notion to stand up for any Commissioner is supported when confronted with legal actions derived from performing his or her function, to be specific covering the legal expenses for Vice Mayor Chapman is supported. Book 63 Page 34882

24 Book 63 Page Gretchen Serrie, 42-year City resident, read a prepared statement, indicating Commissioner Zimmerman s remarks about the responsibility not to leave a wounded comrade on the battlefield resonated deeply with her and so many others, although no one else s wounds compare with those of fallen comrades the metaphor could be expanded to cover the collateral damage to community members and organizations as well. Barbara Langston, President and representing the Amaryllis Park Neighborhood Association (Association), read a prepared statement, indicating the Association is the collateral damage in the lawsuit against Vice Mayor Chapman, City Staff advised the Association of a minutes request which were provided as a City Staff member took a portion of the Association meeting minutes, the request should have been directed to the President of the Association, neighborhood associations are not covered by Florida s Government-in-the-Sunshine (Sunshine) Law, a clarification or justification is sought along with an apology. Mike Lasche, City resident, read a prepared statement, indicating someone needs to stand up to the bully because a lot of people in the City are being hurt by legal bullies who have a strong financial interest in constant litigation. Virginia Hoffman-Meketon, read a prepared statement, indicating the City's picking up the legal fees for Vice Mayor Chapman s defense in the Florida's Government-in-the Sunshine (Sunshine) Law lawsuit by Citizens for Sunshine is supported, first-hand knowledge exists of the feeling of injustice in being sued personally for serving one s community and doing so in good faith. Kathy Kaminiski, City resident, indicating Vice Mayor Chapman has been known for many years, she is an honest individual and did nothing wrong, the citizens elect representatives for representation which Vice Mayor Chapman did by going to a meeting and listening to her constituents. Tricia Varley, 25-year City resident, indicating everything said about Vice Mayor Chapman from the other speakers is supported and could not have been phrased more eloquently, the Commission should support Vice Mayor Chapman and Commissioner Zimmerman is thanked for bringing the matter up. Dale Orlando, City resident, indicating Commissioner Zimmerman is thanked for bringing the matter forward, many felt appalled about the Commission s decision not to not pay Vice Mayor Chapman s legal fees based on bullying tactics in an on-going campaign by Citizens for Sunshine to bleed the City on every account possible. Commissioner Zimmerman stated that many in City Hall and the Commission probably know him as being a former news reporter for 40 years and strong supporter of the Florida s Public Records and open Public Meetings Laws; that public officials have been warned numerous times about chit-chatting before the commencement of a meeting and was told to Stop it, you are breaking the law ; that transparency is key in Florida and a necessity; and read into the record a memorandum he drafted regarding the necessity to develop criteria to defend from frivolous legal attacks not only Commissioners and Advisory Board members but also City employees who are doing their jobs to the best of their ability. Commissioner Normile read a prepared statement and stated that the decision taken by Commissioner Atwell is respected; that she did nothing wrong and wanted to shield the City from litigation; that the decision taken by Vice Mayor Chapman is also respected; that she was aware of a pattern of targeting by using the Sunshine and Public Records Laws. In response to a request from Commissioner Normile for Commission consensus for Mr. Fuller to come before the Commission, Mayor Shaw noted Commission consensus for Mr. Fuller to come before the Commission.

25 Commissioner Normile asked Mr. Fuller various questions pertaining to the on-going lawsuit filed by Citizens for Sunshine against Vice Mayor Chapman and the scheduling of depositions, Mr. Fuller came before the Commission and responded concerning the scheduling and cancelling of several depositions after arrival at the office of the plaintiff s attorney. In response to a question from Commissioner Normile asking Deputy City Manager Brown the number of times scheduled for deposition, the reason for cancellation and if the depositions had been rescheduled, Deputy City Manager Brown responded by indicating three depositions had been rescheduled and cancelled, once after arriving at the office of the plaintiff s attorney; and stated that the deposition has not been rescheduled Commissioner Normile stated that the City Manager indicated he had been deposed for over six hours; that 95 percent of the questions did not pertain to the lawsuit but rather the contract of homeless consultant Dr. Robert Marbut and City Policy. In response to a question from Commissioner Normile asking City Auditor and Clerk Nadalini about being on the list for deposition and if a deposition had been scheduled, City Auditor and Clerk Nadalini stated yes, she was on the list for a deposition; that a deposition has not been scheduled; that she was previously scheduled but was informed by the City Attorney of the cancellation. In response to a question from Commissioner Normile asking Deputy City Auditor and Clerk Karen McGowan if she was on the list for a deposition and if the deposition was scheduled, Deputy City Auditor and Clerk McGowan, the Office of the City Auditor and Clerk, came before the Commission and stated yes, she was on the list; that she was scheduled but the deposition was cancelled. Discussion ensued with Commissioner Normile referring to various printed material and Vice Mayor Chapman reading into the record a list of individuals and organizations possibly affected by Mr. Barfield. Mayor Shaw stated that voices of the public and the Commission have spoken. A motion was made by Commissioner Normile and seconded by Vice Mayor Shaw to pay the legal fees of Vice Mayor Chapman for the lawsuit filed by Citizens for Sunshine regarding Florida's Government in-the-sunshine (Sunshine) Law to conclusion. Commissioner Atwell read the following prepared statement: I am quite sure you all know that I am not going to support this motion. I settled quite a long time ago and believe me the merits of this case are not lost on me. I agree with almost everything that s been said but I continue to be steadfast in my belief that the taxpayers should not bear the responsibility for an individual Commissioner s quest for justice. Again, the merits of which are not lost on me. This, what we are doing is obviously righting a wrong. We re trying to slay the dragon and you can t slay the dragon. Michael Barfield to all of you is the dragon. Whatever you want to think, but if you slay the dragon on the backs of the taxpayers, I have an issue with that and you continue to as the expression goes have deaths by a thousand cuts. This is what we re talking about and it s awful. I agree, with so much of what you said, but I decided to go another way, because what we re doing, we re enlisting the City of Sarasota, Florida, as a participant in this if we re using taxpayer dollars, whether they want to or not. I was elected to govern and you all were elected govern to represent all 55,000 citizens as the fiscal steward of their taxes, not to be a lone Commissioner who arms his or herself with taxpayers dollars. I also don t believe for a minute that we won t get candidates to run for office. Book 63 Page 34884

26 Book 63 Page In response to a question from Mayor Shaw asking if the City currently has insurance coverage for future claims, Deputy City Manager Marlon Brown stated that the City has insurance coverage for cases going forward but not for this case. Mayor Shaw stated that the motion is supported; that seeing others on the Commission also supportive of the motion is pleasing since standing alone the last time was very lonely and cold. Mayor Shaw called for a vote on the motion to pay the legal fees of Vice Mayor Chapman for the lawsuit filed by Citizens for Sunshine regarding Florida's Government in-the-sunshine (Sunshine) Law to conclusion, which carried by a 3-1 vote, with Commissioner Atwell voting no and Vice Mayor Chapman abstaining. 2) REPORT RE: SENATE BILL NO. 846, WHICH PROVIDES THAT ALL ELECTED MUNICIPAL OFFICERS MUST COMPLETE FOUR HOURS OF ETHICS TRAINING EACH CALENDAR YEAR (AGENDA ITEM XIV-2) Deputy City Attorney Michael Connolly, City Attorney s Office, came before the Commission and stated that in 2014, the Florida Legislature passed Senate Bill No. 846 amending Section , Florida State Statutes, by inserting Subsections (2)(b) and (d) which are included in the Agenda backup material; that the new statutory language provides that beginning January 1, 2015, all elected municipal officials must complete four hours of ethics training each calendar year; that the ethics training is required to address at a minimum Article II, Section 8, Florida State Constitution dealing with ethics in government which addresses the Code of Ethics for Public Officers and Employees as well as the Public Records and Public Meetings Laws of the State is included in the Agenda backup material; that the Ethics training requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar or presentation if the required subjects are covered; that the State Statutes anticipate the required training will be completed as close as possible to the date which the elected municipal officer assumes office; that an was received today from the Florida League of Cities (FLC) and they are aware of the required Ethics training and will be developing a training program and indicated the elected officers must certify their compliance on the annual form which is filed with the Supervisor of Elections. In response to a question from Mayor Shaw asking if the training received within the last three to four months would be applicable, Deputy City Attorney Connolly stated that the effective date was January 1, 2015; that any training received prior to the effective date would not be applicable towards the requirement. In response to a question from Vice Mayor Chapman asking if the training availability to meet the criteria is known, Deputy City Attorney Connolly stated no. In response to a question from Commissioner Atwell asking the penalty if the Ethics training is not completed, Deputy City Attorney Connolly stated that the Commission on Ethics oversees the area and an ethics violation would apply and if not cured, fines will be imposed and begin to accrue. 3) PRESENTATION AND DISCUSSION RE: ADDITIONAL STAFFING FOR BUILDING DIVISION INCLUDING A FULL-TIME FRONT COUNTER PERMIT TECHNICIAN POSITION, A FULL-TIME MULTI-LICENSE BUILDING INSPECTOR/PLANS EXAMINER AND TO CHANGE THE VACANT RECEPTIONIST POSITION FROM PART-TIME TO FULL-TIME (AGENDA ITEM XIV-3) Director Timothy Litchet, Neighborhood and Development Services (NDS) Department, came before the Commission and stated that the Commission is thanked for considering additional Staff for the Building Department outside of the normal budget cycle; that revenues have fluctuated significantly over the past years as the result of the economy s highs and lows; that a conservative budget

27 approach regarding Staffing and other department expenditures has always been taken; that the Building Department Division layoffs have been minimal compared to surrounding jurisdictions; that the request would not have been presented to the Commission if the matter was not considered urgent and necessary to continue providing excellent customer service; that Commission approval to process a Budget Amendment would allow for hiring: one full-time front counter Permit Technician, one full-time Multi-License Building Inspector/Plans Examiner and to change the vacant part-time Receptionist to a full-time; that the Building Department Division handled 18,821 customer visits last year; that if the request to approve a Budget Amendment is granted, the item will come back before the Commission and the hiring of additional Staff would begin. Commissioner Atwell stated that years ago a cry came from certain people in the community indicating City Hall was not open for business and now City Hall is not only opened for business but a line is leading from the street; that the request is supported. In response to a question from Commissioner Normile asking if Staff of the NDS Department was reduced during recessionary times for the positions being requested, Mr. Litchet stated that Staff was reduced but the layoffs were minimal. In response to a question from Commissioner Zimmerman asking about the possibly of contacting previous employees who are already trained and understand the City Codes be offered re-employment, Mr. Litchet stated that some people left through retirement and have been rehired along with the hiring of full-time contract employees who are retirees and have full licensing. A motion was made by Commissioner Atwell, seconded by Commissioner Zimmerman, and carried by a 5-0 vote to approve for Staff to process a Budget Amendment for one full-time front counter Permit Technician, one full-time Multi-License Building Inspector/Plans Examiner and to change the vacant part-time Receptionist to a full-time and to bring the Budget Amendment back before the Commission. 4) DISCUSSION RE: POTENTIAL "WHISTLEBLOWER" CLAIM AGAINST THE CITY (AGENDA ITEM XIV-4) City Attorney Fournier stated that Sarah Warren, Assistant City Attorney, City Attorney's Office, is present due to the extensive research conducted concerning the case law under Florida's Whistleblower Act; that the item was placed on the Agenda due to a potential claim against the City; and outlined the essential facts involving a City employee in the Information Technology (IT) Department who sent out several s to the City Manager, the Vice Mayor, Staff of Sarasota County, representatives of Fifth-Third Bank, and the Human Resources Director, the topics of which were in two categories: 1) management issues and 2) security in the IT Department; that the employee also released an unredacted Risk Assessment Report; that the Risk Assessment Report was prepared by ReliaQuest, LLC (ReliaQuest) at the request of the City Auditor and Clerk; that only an Executive Summary of the Risk Assessment Report had previously been released with portions redacted due to IT security concerns. City Attorney Fournier continued with a background of the situation indicating the employee may have been of the impression of impending disciplinary action due to stories heard; and stated that the employee left a meeting with IT Staff and management; however, the City Auditor and Clerk was not aware of the s or of the release of an unredacted Risk Assessment Report at the time. City Attorney Fournier stated that the employee left City Hall, has not returned, and has been placed on Administrative Leave, which cannot be a permanent arrangement; that the employee has not been terminated; that the possible options are: 1) termination, 2) return to work, or 3) negotiation of a mutually agreeable settlement; and continued further with a detailed explanation of the options presented; and referred to the December 16, 2014, offer of settlement Book 63 Page 34886

28 Book 63 Page letter included in the Agenda backup material from Attorney Andrea Mogensen, The Law Office of Andrea Flynn Mogensen, P.A., the attorney representing the employee. City Attorney Fournier stated further that the Commission is not generally brought into employee and personnel issues; however, any input from the Commission would be appreciated. Commission discussion ensued concerning the difficulty of the decision concerning the matter. The following person spoke: Maryellin Kirkwood, City resident, indicating the employee goes under the mantle of a Cisco Certified Network Professional, research was conducted of Cisco Systems, Inc., Cisco has a specific Code of Business Conduct including a section regarding ethics, which indicates the proper methods to share concerns, the responsible use of resources, and the protection of resources, the employee did not protect the City's property and made negative insinuations against management in communications with outside agencies which were personal, not business-related and not professional, the hope is the employee will do the right thing and resign. A motion was made by Commissioner Atwell and was seconded by Vice Mayor Chapman to move the Information Technology (IT) Department function and Staff from the jurisdiction of the Office of the City Auditor and Clerk to the City Manager effective immediately. Commission discussion ensued concerning the investigation into IT operations, the functioning of the present organization, turnover of IT Staff, the burden on City taxpayers of continuation of Administrative Leave for an employee, the options of termination or return to work under the City Manager, the ReliaQuest Risk Assessment Report, the advantages of living in a community with people of high achievement in many areas, the high qualifications and excellent credentials of the employee as indicated by an individual in the community with significant IT experience, the existence of multiple whistleblowers, the security of the unredacted ReliaQuest Risk Assessment Report, the Executive Summary of the ReliaQuest Risk Assessment Report as a public record, management's response to the ReliaQuest Risk Assessment Report, the seriousness of the issues raised with the ReliaQuest Risk Assessment Report, the adequacy of the redacted ReliaQuest Risk Assessment Report for Commission decision-making, the necessity for impartial audits of the IT function, security as a fundamental issue in IT functions, the necessity for change, the necessity for the Commission to address the underlying issues, the budget and office space consequences if a change in management occurs. In response to a question from Commissioner Zimmerman asking the effect of an immediate change in management, Deputy City Manager Brown stated that a change in the Table of Organization could be brought back to the Commission at the January 20, 2015, Regular Sarasota City Commission meeting; however, the change in the reporting relationship could be made effective immediately. Commission discussion ensued concerning the previous change in management from the City Manager to the City Auditor and Clerk, the previous investigation by the Sylint Group (Sylint), the willingness of the City Auditor and Clerk to assume responsibility for management of the IT function, the previous reports by Sylint indicating the system was broken, the cyberspace game, the increase in identity theft, the human factor, the political purposes of the previous change in management, the investigations by the Federal Bureau of Investigation (FBI) and the Florida Department of Law Enforcement (FDLE), turnover as a management issue according to the ReliaQuest Risk Assessment Report, the resignations of the former IT Director and the Manager, Information and Communication Technology. City Auditor and Clerk Nadalini stated that placing a few comments on the record is important and continued by providing a brief background overview of the transfer of the IT Department from the City Manager to the City Auditor and Clerk, the commissioning of an investigation by Sylint as

29 well as Sunera Technologies (Sunera) at the direction of the Commission due to the alleged computer scrubbing complaint received from former Florida State Senator Bob Johnson and others, the neglect of hardware/software upgrades in the IT Department for a number of years and the lack of management and oversight prior to the transfer of the IT Department to the City Auditor and Clerk, and the indication by Sylint for years of vital necessary repairs. City Auditor and Clerk Nadalini further stated that she and the former IT Director accepted the responsibility for resolving the issues identified in the ReliaQuest Risk Assessment Report and committed to working towards resolving the issues; that the reason the former IT Director left cannot be provided as the reason is not known; that a new IT Director has been hired; that the manner in which to improve IT operations is being assessed; that information technology is expensive; that prioritizing and budgeting are required. City Auditor and Clerk Nadalini continued by explaining the changes in the IT Department which included an emphasis on accountability and a high level of customer service and professionalism, the staffing and budget issues involved with information technology, the commitment to the Commission for an objective third-party cyber IT security audit of the IT Department annually which requires outside professionals, the status of the department at the time of the transfer from the City Manager which has been documented in numerous reports, the commitment of the newly hired IT Director as well as herself to work towards resolving the issues. City Auditor and Clerk Nadalini stated that the use of the term "whistleblower" is of concern since the individual did not uncover anything; that the ReliaQuest Risk Assessment Report identified the weaknesses and the areas requiring correction; that the distribution of the unredacted ReliaQuest Risk Assessment Report is a significant concern regardless of to whom the report was distributed; that the unredacted Report was given to the former IT Director and IT Staff to resolve the problems; that the employee used the unredacted ReliaQuest Risk Assessment Report to booster the claim of being a "whistleblower"; that a great deal of confidence is held in the new IT Director who is committed to making positive change in the IT Department; that the right outside security professionals must be hired to guide the process. Deputy City Manager Brown stated that prior to the transfer of responsibility for the IT Department from the City Manager, the country experienced the worst recession in a long time; that drastic reductions were required in all departments including the IT Department; that the former IT Director at the time, Chance Craig, was prepared to present to the Commission a Budget Amendment intended to improve the IT function but did not have the opportunity and was, therefore, unable to fix the problems. In response to a question from Commissioner Zimmerman asking about the impact on the current situation if responsibility of the IT Department is transferred back to the City Manager, City Attorney Fournier stated that no lawsuit should exist until proof of an adverse personnel action exists; that if the responsibility is transferred to the City Manager, the decision to retain or discipline the employee would be up to the City Manager. Mayor Shaw stated that the Commission went through the previous investigations which no one understood from a technical perspective; that the City Auditor and Clerk agreed to assume responsibility for the IT function as a job, a task; that the findings were the entire system was broken; that systems were outdated or nonconforming; that the hope is the Commissioners are aware of the ramifications if embarking on a road of change. Commission discussion ensued concerning clarification of the definition of whistleblower in terms of authorship of documents released, and the major policy decision implicit in the motion. In response to a comment from Commissioner Zimmerman indicating the critical piece of material is the unredacted ReliaQuest Risk Assessment Report, City Attorney Fournier stated that reference was made earlier in the Executive Summary which were adequate to understand, and Book 63 Page 34888

30 Book 63 Page Vice Mayor Chapman stated that the person she spoke with was an IT Director from a major department and the entire audit was not shared; that the report was shared with the City Attorney on Friday, January 2, 2015, for legal reasons only and special care was taken to maintain security of the report; that the report contains mainly technical information from having read it, but the number one issue is management. Commission discussion ensued concerning the decision required by the motion, discussions with other whistleblowers, the concern regarding the IT Department, caution in exercising a decision regarding a multi-million dollar division of the City, and making a decision under pressure. In response to a question from Commissioner Zimmerman asking if a decision must be made at this time, City Attorney Fournier stated no; that the interest in bringing the matter forward was to inform the Commission of the consequences of any decision; that the employee has been on Administrative Leave for four months; that Administrative Leave is not a permanent solution. Commission discussion ensued concerning directing the City Auditor and Clerk to take no action concerning the employee until the Commission decides on a course of action, concerns regarding Agenda Item XIV.5, Report Re: Initial Forensic Review of Recovered City Laptops, possible reasons for reorganizing the government, concerns regarding having an auditor in charge of the IT Department, possibly tabling the motion to learn more information, the authority to investigate provided by the City Charter to the Commission, the requirement of Florida's Whistleblower Law for an impartial investigation which has not occurred, the Sylint investigation under the purview of the City Auditor and Clerk in regards to Agenda Item XIV.5, Report Re: Initial Forensic Review of Recovered City Laptops, the type of information necessary to take action, the urgency of the situation, the necessity to take action at the January 20, 2015, Regular Sarasota City Commission meeting, the manner in which to effect a possible transition, the City Auditor and Clerk providing a reason for the importance of not making a change, the possibility of withdrawing the motion, and the necessity for clear parameters of action prior to the January 20, 2015, Regular Sarasota City Commission meeting. In response to a question from Mayor Shaw asking if the motion should be tabled, City Auditor and Clerk Nadalini stated that the item rather than the motion could be tabled if desired; that the motion would have to be withdrawn if the item is to be tabled. Commissioner Atwell, as the maker of the motion, with the approval of Vice Mayor Chapman, as the seconder of the motion, withdrew the initial motion. Mayor Shaw noted Commission consensus to approve withdrawal of the initial motion. A motion was made by Commissioner Zimmerman, and seconded by Commissioner Normile to table the item until the January 20, 2015, Regular Sarasota City Commission meeting. Mayor Shaw noted Commission consensus to approve the motion to table the item until the January 20, 2015, Regular Sarasota City Commission meeting. In response to a comment from Vice Mayor Chapman indicating the identification of the type of information necessary should be discussed, Commissioner Zimmerman stated that providing the following information would be helpful: Budgets for the past four years Number of personnel and ranking and salary for the same period Software costs for the past four years Hardware costs for the past four years A narrative

31 Commissioner Zimmerman stated that the hope is the City Auditor and Clerk could respond to two questions: Why would you like to keep the IT Department under the management of the Office of the City Auditor and Clerk? How would the Office of the City Auditor and Clerk be affected if the IT Department is moved back to the City Manager's Office? Mayor Shaw stated that information concerning the trends regarding personnel changes would be helpful in gaining an understanding, along with knowing the number of senior people lost or transferred out of the IT Department for the prior six years. In response to a question from Commissioner Normile asking the number of employees in the IT Department, Herminio Rodriguez, Director of Information Technology (IT) Department, came before the Commission and stated that the IT Department currently has twelve employees. In response to a question from Vice Mayor Chapman asking if exit interviews were conducted of the former IT Director and Manager, Information and Communication Technology, Stacie Mason, Director of Human Resources (HR) Department, came before the Commission and stated yes. In response to a request from Vice Mayor Chapman asking for a copy of the minutes of the meeting with the City Auditor and Clerk and Staff of the IT Department, City Auditor and Clerk Nadalini stated that no minutes were taken; however, the Internal Audit Manager who was in attendance can speak for himself at a later date if the Commission desire. In response to a comment from Commissioner Atwell concerning the importance of knowing Staff satisfaction and the ability to perform, City Auditor and Clerk Nadalini stated that a morale problem existed at the time responsibility for the IT Department was transferred to the Office of the City Auditor and Clerk. Mayor Shaw stated that the "E" should be taken out from over the "I"; that Intelligence should be placed over Emotions; that much of what has happened in the City has been the transitional position of the IT Department; that the real issues should be addressed; that the strong points and the weak points should be identified. Commission discussion ensued concerning the importance of 21st Century Information Technology being a necessity for an organization to run smoothly. In response to a comment from Deputy City Manager Brown indicating employees under the City Manager's responsibility left during the transition and Staff could provide the exit interviews if the Commission desire, Mayor Shaw stated that providing exit interviews for the past six years would be helpful. In response to a comment from Commissioner Normile indicating with only twelve employees in the IT Department gaining an understanding should not be difficult, Deputy City Manager Brown stated that the HR Director could speak to each employee if the Commission desire and report back, and Mayor Shaw stated that speaking with each employee in the IT Department will not be necessary. City Auditor and Clerk Nadalini stated that any of the Commissioners could speak privately with the IT Director whose perspective would be of important if desired. Commissioners Normile and Zimmerman stated that a tour of the IT Department would be helpful. 4) REPORT RE: INITIAL FORENSIC REVIEW OF RECOVERED CITY LAPTOPS (AGENDA ITEM XIV-1) Book 63 Page 34890

32 Book 63 Page City Attorney Fournier stated that a word of caution is employees have due process rights under Federal Law and the City' Personnel Rules; that information can be provided which is factual about an examination of a City computer; however, the City s Personnel Rules require an employee be notified in writing and given an opportunity to respond to any allegations or insinuations about wrongdoing of any nature on the part of an employee; that a process is established and should be followed; that something could be alleged whether true or not and considered retaliatory. Vice Mayor Chapman stated that the information should not have been placed in the public record and any discussion postponed indefinitely; that Commission discussion could increase the City's liability. A motion was made by Vice Mayor Chapman, seconded by Commissioner Normile, to postpone any discussion concerning the report indefinitely, which carried by a 4-1 vote with Mayor Shaw voting no. In response to a question from Commissioner Normile as to whether a direction to the City Auditor and Clerk to take no further action concerning the employee, Mayor Shaw stated that taking no further action concerning the employee was understood and City Auditor and Clerk Nadalini stated that direction to take no further action is clear. 17. ADJOURN (AGENDA ITEM XV) The Commission adjourned at 10:15 p.m. WILLIE CHARLES SHAW, MAYOR ATTEST: PAMELA M. NADALINI, MBA, CMC CITY AUDITOR AND CLERK

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