MINUTES OF A REGULAR MEETING
CITY COUNCIL,
January 12, 2010
A Regular Meeting of the City Council was held this date in Council Chambers at City Hall. Mayor Martin called the meeting to order at 1:31 p.m.
Roll was called with the following elected officials present: Mayor Ed Martin, Vice Mayor Ernie Zavodnyik, and Council Members Jim Bennett, Emilio Carlesimo, Sue Lang, Kit McKeon, and John K. Moore.
Also present: City Attorney Bob Anderson, City Clerk Lori Stelzer, City Manager Isaac Turner, Finance Director Jeff Snyder, Recording Secretary Judy Gamel, and for certain items on the agenda: City Engineer Kathleen Weeden, Public Information Officer Pam Johnson, and Archives Director James Hagler.
The City Clerk offered the Invocation followed by the Pledge of Allegiance led by Mayor Martin.
I. MAYOR’S PILLAR OF THE COMMUNITY AWARD
Mayor Martin presented the Mayor’s Pillar of the Community Award to Michael Gelormino.
II. PROCLAMATION
Mayor Martin presented Betty
Intagliata, South County Chair, and Hans Johansson, Bertha Palmer Executive
Committee for
Mayor Martin presented Gina E.
Taylor, Communications & Marketing Director, Big Brothers Big Sisters of
the
Mayor Martin presented Candace J. Millington, Principal; Ann Pinney, Media Specialist and Literacy Advisor; and Lindsey Delgado, President of the Student Literacy Council, Venice High School, with a proclamation designating January 2010 as Literacy Awareness Month and the week of January 25 to January 28, 2010 as Venice High School Literacy Week.
III. SERVICE AWARDS
Mayor Martin presented a 40-year service award to Nathaniel “Nat” Burns, Solid Waste Equipment Operator, Public Works Department.
IV. BOARD APPOINTMENTS
Ms. Lang moved to approve the correction of the terms of Laurel Schiller and Barbara Desmond on the Planning Commission to begin January 1, 2010 until December 31, 2012. Seconded by Mr. Moore. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
Mr. Moore moved to approve the Mayor’s recommendation to appoint Jim Leis to the Planning Commission to complete the term of Barbara Desmond from January 12, 2010 until December 31, 2012. Seconded by Mr. McKeon. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
Mr. Carlesimo moved to approve the Mayor’s recommendation to appoint Steven Byington to the Parks and Recreation Advisory Board to complete the term of Earl Quandt from January 12, 2010 to July 31, 2011. Seconded by Mr. Zavodnyik. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
Mr. McKeon moved to approve the Mayor’s recommendation to reappoint Ralph Engle, Hugh Dinkler, and Don Griffin to the Citizens Stormwater Committee to serve another term from February 1, 2010 until January 31, 2013. Seconded by Mr. Bennett. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
Mr. Zavodnyik moved to approve the Mayor’s recommendation to appoint Thomas J. Gavlick to the Fire Pension Board of Trustees to serve a term from January 12, 2010 until January 31, 2012. Seconded by Mr. Moore. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
V. APPROVAL OF MINUTES
Mr. Bennett moved to approve minutes of the Regular Meetings held December 8, 2009 and August 26, 2008, and the Special Meetings held August 12, 2008, September 8, 2008, October 31, 2008 and December 8, 2009. Seconded by Mr. Moore. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
(2:05) Greg Silvia, Althea’s Restaurant, discussed problems concerning the Miami Avenue parking lot and questioned ticket writing procedures.
Mr. Turner responded that parking violation warnings were being issued by Venice Police Department personnel who would respond to Mr. Silvia’s comments. Mr. Turner also noted the parking situation would be discussed with council members at the February 9, 2010 council meeting.
Discussion ensued regarding scheduling a workshop to discuss parking problems, four-hour parking time limits, and downtown valet parking.
Bob Dennis,
Mike Rafferty,
Walter Hake,
Albert C. Veltri,
Discussion followed regarding correcting sewer odor issues in the East Gate neighborhood, staff reviewing this matter and reporting back to council, lack of government funding, and membership in International Council for Local Environmental Initiatives.
(2:26) Robert F. Smith,
Mayor Martin explained that council could not bypass permitting procedures and directed Mr. Turner to discuss a possible solution with Building and Code Enforcement Director Hans Behrens.
Chuck Schmieler,
Mayor Martin indicated this matter could be discussed at the January 28, 2010 workshop.
VII. ORDINANCE NO. 2009-11, ABOLISHING THE VENICE LIFESTYLES COMMITTEE, REPEALING CHAPTER 2, ADMINISTRATION, ARTICLE VII, VENICE LIFESTYLES COMMITTEE – APPROVED AND ADOPTED
Ms. Stelzer read the ordinance by title only.
Mr. Zavodnyik moved that Ordinance No. 2009-11 be placed on final reading. Seconded by Ms. Lang. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
Mayor Martin opened the public hearing and Ms. Stelzer stated that no written communications had been received.
No one in the audience came forward to speak and Mayor Martin closed the public hearing.
Mr. McKeon moved that Ordinance No. 2009-11 be approved and adopted. Seconded by Mr. Bennett.
ROLL CALL: MR. MCKEON, YES; MS. LANG, YES; MR. ZAVODNYIK, YES; MR. MOORE, YES; MR. CARLESIMO, YES; MR. BENNETT, YES; MAYOR MARTIN, YES. MOTION CARRIED.
VIII. CITY ENGINEER KATHLEEN WEEDEN, DEMETRA MCBRIDE, NATURAL RESOURCE MANAGER, SARASOTA COUNTY AND PHIL SMITH, DWJA LANDSCAPE ARCHITECT: U.S. 41 NORTH JUNCTION LANDSCAPING – APPROVED
Ms. Weeden provided background information and noted that council previously approved allocating one cent sales tax funds for the landscaping project and that the county required concurrence that the city would maintain landscaping once it was installed.
Mr. Smith displayed photographs of the proposed landscaping.
Ms. McBride commented on project funding and pointed out annual maintenance costs of $9,000 per year.
(3:03) Discussion followed regarding funding for the project, utilizing Washingtonia palms in landscaping plans, and maintenance costs.
Ms. Weeden displayed the proposed landscape concept drawing and discussed the Legacy Trail overpass.
Discussion continued regarding palm tree species and difficulties of maintaining Washingtonia palms.
Mr. Moore moved to approve the landscape concept plan for the U.S. 41 North Junction and direct staff regarding future maintenance funding and also direct staff to explore the possibility and report to council the propriety of substituting Washingtonia palms for several of the Cabbage palms throughout the landscape plan and evaluate the difference in maintenance costs. Seconded by Mr. Bennett. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
Mr. Anderson pointed out the need to approve maintenance responsibilities upon installation of the plantings.
Mr.
McKeon moved that the City of
Ms. McBride advised the county would confirm in writing the use of booted cabbage palms, and discussed rights-of-way and underground utilities presenting difficulties with planting trees along the side of the highway.
MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
Recess was taken from 3:26 p.m. until 3:36 p.m.
IX. HISTORIC PRESERVATION BOARD CHAIR JEAN TRAMMELL: DONATION OF SCULPTURES FROM NAOMI VOIT – ACCEPTED WITH CONDITIONS
Mr. Hagler displayed photographs of eight sculptures, reviewed Ms. Voit’s request to bequeath the sculptures to the city, and discussed possible locations for the sculptures.
Discussion ensued regarding the Public Art Task Force (PATF) unanimously supporting acceptance of the sculptures and efforts to catalog public art owned by the city, and possible locations for display of public art.
Mr. Hagler clarified that conditions for acceptance of the art would be addressed upon presentation of PATF Policies and Procedures, prior to acceptance of the art.
Discussion ensued regarding PATF policies, maintaining and insuring public art donations, whether or not the city has accepted public art donations in the past, and conditions of acceptance.
Mr. McKeon moved that City Council is receptive to accepting the bequeath of the sculptures from Naomi Voit at a future date after her death contingent upon completion of the policies and procedures of the Public Art Task Force.
Ms. Lang suggested adding verbiage concerning a mutually satisfactory acceptance agreement between the parties.
Mr. Anderson reminded council members this would be a bequest under Ms. Voit’s will, making the city a beneficiary with the ability to decline the bequest. In addition, he stated the bequest may include provisions for acceptance of the sculptures, or that PATF Policies and Procedures may be in place at that time.
Mayor Martin said it was preferable to have an agreement with Ms. Voit in advance of her including the bequeath in her will, and suggested adding appropriate verbiage to the motion.
Mr. McKeon withdrew the motion.
Mr. McKeon moved that City Council is receptive to accepting the bequeath of the sculptures from Naomi Voit at a future date after her death contingent upon a mutually acceptable agreement under the terms of policies and procedures for accepting such art. Seconded by Ms. Lang. MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
X. ORDINANCE NO. 2010-01, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 409 GRANADA AVENUE, HISTORICALLY KNOWN AS THE LORD-HIGEL HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO CHAPTER 86, LAND DEVELOPMENT CODE, ARTICLE II, ADMINISTRATION AND REVIEW AUTHORITIES, SECTION 86-28, HISTORIC PRESERVATION, PLACING IT ON THE LOCAL REGISTER OF HISTORIC PLACES – APPROVED ON FIRST READING
(4:03) Ms. Stelzer read the ordinance by title only and stated no one signed up to speak.
Mr. Moore moved that Ordinance No. 2010-01 be approved on first reading. Seconded by Mr. Zavodnyik.
ROLL CALL: MR. MOORE, YES; MR. BENNETT, YES; MS. LANG, YES; MR. ZAVODNYIK, YES; MR. MCKEON, YES; MR. CARLESIMO, YES; MAYOR MARTIN, YES. MOTION CARRIED.
XI. RESOLUTION
NO. 2010-01, AMENDING THE CITY OF
Ms. Stelzer read the resolution by title only.
Mr. McKeon moved that Resolution No. 2010-01 be approved and adopted. Seconded by Ms. Lang.
ROLL CALL: MS. LANG, YES; MR. MOORE, YES; MR. MCKEON, YES; MR. CARLESIMO, YES; MR. ZAVODNYIK, YES; MR. BENNETT, YES; MAYOR MARTIN, YES. MOTION CARRIED.
XII. ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION (TAX ABATEMENT)
Mr. Snyder provided background information on the tax abatement program which would allow exemptions of up to 100 percent assessed value of all improvements to real property for up to ten years for new businesses or expansion of existing businesses.
Discussion followed regarding county participation, developing criteria for eligible businesses, public input, collecting taxes at the end of ten years, and establishing the same criteria as the county.
Mr. Moore moved to authorize city staff to work with
XIII. INTERLOCAL
AGREEMENT BETWEEN THE SCHOOL BOARD OF
(4:27) Scott Lempe, Chief Operating Officer, Sarasota County School Board, displayed an aerial photograph of the proposed performing arts center superimposed over the existing Venice High School facility. Mr. Lempe also displayed site plan drawings and discussed parking and architectural styles.
Discussion ensued regarding similarities
with the
John Ryan, Venice Area Chamber of Commerce President, thanked community groups that participated with development of the project and voiced support for the project.
(5:04) Mr. McKeon moved to approve the Interlocal Agreement and authorize the Mayor to execute the agreement between the School Board of Sarasota County, Florida and the City of Venice to share the cost of construction upgrades to the auditorium at Venice High School. Seconded by Mr. Bennett.
Mr. Moore commented that the project provided economic development and benefited residents’ quality of life.
MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
XIV. USE
AGREEMENT BETWEEN THE SCHOOL BOARD OF
Mr. Zavodnyik moved to approve the Use Agreement and authorize the Mayor to execute the agreement between the School Board of Sarasota County, Florida and the City of Venice governing the terms and conditions for use of the Venice Performing Arts Center. Seconded by Mr. Moore.
Discussion followed regarding pricing
for use of the performing arts center, operational costs, the city not
incurring ongoing expenses, and cross-indemnification for the Sarasota County
School Board and the City of
MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
Recess was taken from 5:18 p.m. until 5:22 p.m.
XV. CITY ATTORNEY’S REPORT
Mr. Anderson had no report.
XVI. FINANCE DIRECTOR’S REPORT
Mr. Snyder had no report.
XVII. CITY CLERK’S REPORT
Ms. Stelzer had no report.
XVIII. CITY MANAGER’S REPORT
ITEM 1 –
Mr. Moore moved to approve Item 1 of the City Manager’s Report. Seconded by Ms. Lang.
Discussion ensued regarding exceeding noise level limits.
Mr. Turner advised he would research noise level limits and report back to council at the January 26, 2010 meeting.
MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
XIX. REPORT BY MS. LANG
·
CONSIDERATION
OF LETTER OPPOSING H.R. 1799, SAFE EFFICIENT TRANSPORTATION ACT (PROPOSES TO
INCREASE TRUCK WEIGHT LIMITS FROM 80,000 TO 97,000 POUNDS) AND SUPPORTING H.R.
1618 SAFE HIGHWAYS INFRASTRUCTURE AND PRESERVATION ACT WHICH KEEPS WEIGHTS AT
80,000 POUNDS
Ms. Lang discussed a request from Thyme Gadson, Florida Coalition for Safe Highways State Director, to support the Safe Highways Infrastructure and Preservation Act, H.R. 1618, which limits truck weight limits at 80,000 pounds.
Mike Gelormino,
Ms. Lang moved to send the letter opposing H.R. 1799, Safe Efficient Transportation Act, and supporting H.R. 1618, Safe Highways Infrastructure and Preservation Act, to Congressman Vern Buchanan, Senator Nelson, and Senator LeMieux as suggested by Mr. Gadson. Seconded by Mr. Zavodnyik.
MOTION CARRIED ON VOICE VOTE UNANIMOUSLY.
·
SUPPORT
OF MAYOR MARTIN’S LETTERS SENT TO SENATORS NELSON AND LEMIEUX AND CONGRESSMAN
BUCHANAN DESIGNATING THE
Ms. Lang thanked
Mayor Martin for correspondence he sent to Congressman Buchanan, Senator Nelson,
and Senator LeMieux requesting their support for the designation of the
Detailed discussion followed regarding the airport designation, the need to formally support Mayor Martin’s action, and submitting position papers.
Mr. Anderson reminded council members that terms of the Lorenzo Settlement stipulated discouraging the use of position papers.
Mr. Turner suggested discussing this matter at the Friday, January 29, 2010 Strategic Planning Session.
XX. REPORT BY MR. CARLESIMO
·
CONSIDERATION
OF USING OUTSIDE COUNSEL TO FURTHER INVESTIGATE THE QUESTIONS CONCERNING
RETIREE HEALTH CARE BENEFITS
Mr. Carlesimo referenced his memo concerning retiree health care benefits research.
Discussion followed regarding laws that govern public officials’ benefits.
Mr. Zavodnyik commented on holding a referendum concerning providing health insurance coverage for retired council members.
(5:57) Mr. Carlesimo moved that the city engage an outside legal firm to research and make recommendations to council, using the following questions as a guide regarding the health care issue as it pertains to council, charter officers, and contract workers, from a “now on” point of view:
1) Are council members full time employees?
a. If not, shouldn’t their health care and pension benefits be comparable to other part time employees?
b. If yes, shouldn’t it have gone to referendum as prescribed by the city charter.
c. If so, is there legal reason to continue it?
2) Charter officers and appointees should be regarded with these questions in mind:
a. Since they are employees and are eligible for health benefits, is their family coverage provided consistent with other city employees?
b. How to we treat them when they separate from the city under any circumstances?
c. We need clarification on how we treat contract employees, specifically the individual/firm/staff that fulfills the charter requirement for an attorney, and what about when he/they separate?
The motion died for lack of a second.
Mr. Carlesimo agreed there should be a referendum and suggested including additional issues.
Mr. Anderson recommended that prior to any action being taken with regard to retiree health care benefits, staff complete a legislative history of Charter Section 3.05 and perform a record review of archived files to determine when health insurance became a benefit for council members.
Discussion followed regarding hiring an
outside attorney and providing the necessary historical data.
XXI. REPORT BY MR. ZAVODNYIK
Mr. Zavodnyik reported that Sarasota County Legislative Delegation offered unanimous support for expansion of the Sarasota County Tourist Development Council membership. He also noted that chances were remote that the state Senate would deal with offshore drilling during the current term.
XXII. REPORT BY MR. MOORE
Mr. Moore reported on the success of the Sarasota County Legislative Delegation meeting.
XXIII. REPORT BY MR. BENNETT
Mr. Bennett requested that Planner Roger Clark’s presentation on the pedestrian bridge for Legacy Trail be presented to council at the January 26, 2010 meeting.
Mr. Bennett reported he is working with Mr. Behrens and the Municipal Code Enforcement Board (CEB) to develop a policy concerning maintenance of foreclosed and unkept properties.
Mr. Bennett advised he was working with Mr. Anderson with regard to the CEB’s response to a recent short term rental case.
(6:16) A detailed discussion followed regarding CEB guidelines for presenting evidence and ruling on city code violations.
Mayor Martin requested that council review any recommendations dealing with CEB hearing procedures.
XXIV. REPORT BY MR. MCKEON
Mr. McKeon had no report.
XXV.
REPORT BY MAYOR MARTIN
Mayor Martin commented on the impending deadline for renters securing state licensing and code certification approvals.
XXVI. ADJOURNMENT
There being no further business to come before council, the meeting was adjourned at 6:36 p.m.
ATTEST: Mayor – City of
City Clerk