BOOK 52 Page 23485 07/08/02 2:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 8, 2002, AT 2:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, and Mary J. Quillin, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : Commissioner Martin and Commissioner Servian PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(b) of the City of Sarasota Charter at 2:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: : PROPOSED RESOLUTION NO. 02R-1520, CERTIFYING THE RESULTS OF THE ST. ARMANDS SPECIAL BUSINESS NEIGHBORHOOD IMPROVEMENT DISTRICT REFERENDUM; ETC. ADOPTED (AGENDA ITEM I) CD 2:03 through 2:17 Mayor Mason stated that Commissioner Servian is ill and unable to attend and Commissioner Martin is out of town on vacation. City Auditor and Clerk Robinson read in its entirety proposed Resolution No. 02R-1520 declaring the official results of the St. Armands Special Business Neighborhood Improvement District; and stated that Section 163.511, Florida Statutes, sets forth the procedures by which Special Residential and Business Neighborhood Improvement Districts can be created; that the Commission held a duly noticed public hearing at the January 22, 2002, Regular Commission meeting to consider the creation of Special Residential and Business Neighborhood Improvement Districts within the municipal limits of the City and determined adopting Ordinance No. 01-4342 was in the public interest; that Ordinance No. 01-4342 authorizes the creation of such Districts within the municipal limits of the City if all statutory criteria are met; that on March 4, 2002, the Commercial Landowners Association of St. Armands, Inc. (CLAS), submitted a petition to the Commission seeking a referendum to determine if a Special Business Neighborhood Improvement District pursuant to Section 163.511, Florida Statutes, should be created; that a referendum was held; that 67 ballots were mailed; that 53 ballots were returned by the deadline of 7 p.m., July 2, 2002; that the total assessed value of the properties within the proposed Special Business Neighborhood Improvement District is $88,575,580; that the Special Business Neighborhood Improvement District will be deemed created if the combined assessed property value of all "Yes" votes received is in excess of 50 percent or $44,287,790 of the assessed value of the properties within the proposed improvement district, in accordance with Section 163.511(4) (g), Florida Statutes. City Auditor and Clerk Robinson continued that the combined assessed values of the "Yes" votes cast totals $65,574,790 which is in excess of 50 percent of the assessed value of the properties within the St. Armands Special Business Neighborhood Improvement District; that the proposed referendum to create the St. Armands Special Business Neighborhood Improvement District was approved by the eligible voters. On motion of Commissioner Quillin and second of Vice Mayor Palmer, it was moved to adopt proposed Resolution No. 02-1520. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Mason, yes, Palmer, yes; Quillin, yes. Michael Connolly, Attorney, City Attorney's Office, came before the Commission and stated that the creation of the St. Armands Special Business Neighborhood Improvement District is a statutory process; that the referendum has been completed and has resulted in an affirmative vote for the creation of the Special District; therefore, the City must create the District; that by State Statute, the Ordinance which creates the District must be adopted within 30 days of the approval of the creation of the Special District; that the first reading of the Ordinance to create the St. Armands Special Business Neighborhood Improvement District is scheduled for the July 15, 2002, Regular Commission meeting; that second reading of the Ordinance is scheduled for the August 5, 2002, Regular Commission meeting; that the Ordinance has been prepared and advertised in advance; that the Ordinance provides the following: 1. Creates the St. Armands Special Business Neighborhood Improvement District; 2. Names the three members of the Board of Directors of the St. Armands Special Business Neighborhood Improvement District; and BOOK 52 Page 23486 07/08/02 2:00 P.M. BOOK 52 Page 23487 07/08/02 2:00 P.M. 3. Establishes the powers of the St. Armands Special Business Neighborhood Improvement District. Attorney Connolly, continued that the proposed Ordinance has been drafted; that the powers of the St. Armands Special Business Neighborhood Improvement District are limited based on the perception the Commission wishes a conservative approach; that the Commercial Landowners Association of St. Armands, Inc. (CLAS), is of the belief additional powers are necessary; that further discussions will be held at the scheduled public hearing regarding the powers of the St. Armands Special Business Neighborhood Improvement District; that the CLAS had also requested a Workshop be scheduled with the Commission which had previously decided a Workshop was inappropriate while the ballots were outstanding; that a request to hold a Workshop has been made again; that discussions have been held with the City Auditor and Clerk; that scheduling a Workshop may be impossible prior to the public hearing due to the Budget Workshop schedule; that the Commission cannot make the required in a Workshop; that Commission decisions will be based upon input from Staff, the general public, and affected people which are landowners and merchants, which will be received at the public hearing. Vice Mayor Palmer stated that the Commission previously expressed an interest in significant restrictions to ensure the City's first Special Business Neighborhood Improvement District will be successful; that future positive results of the Special Business Neighborhood Improvement District are anticipated; that proposed ordinances cannot be made more restrictive once advertised; that proposed ordinances can be changed to become less restrictive. Attorney Connolly stated that anticipating the outcome of a public hearing is difficult; that a proposed ordinance could be changed as a result a public hearing, which may require re-advertising. Vice Mayor Palmer asked the effect on the 30-day time requirement to adopt the Ordinance to create the St. Armands Special Business Neighborhood Improvement District if changes to the proposed Ordinance are made which require re-advertising? Attorney Connolly stated that the Commission will be meeting several times during the interim; that a Special meeting could be held prior to one of the Budget Workshops. Commissioner Quillin stated that a conservative approach to the powers is desired; that establishing other Special Business and Residential Neighborhood Improvement Districts is anticipated; and asked if the landowners have had the opportunity to review the proposed Ordinance to create the St. Armands Special Business Neighborhood Improvement District? Attorney Connolly stated yes; that the landowners have provided input concerning the proposed Ordinance; that the landowners desire greater powers than Staff believes is consistent with the instructions received from the Commission. Commissioner Quillin stated that a report regarding the powers incorporated in the proposed Ordinance could be provided by Staff prior to the public hearing is a suggestion. Attorney Connolly stated that additional powers can be given to the Special District at a later date; that for example, one of the changes to the proposed Ordinance desired by the CLAS concerning the non-ad valorum special assessments of up to $500 per yeari that the CLAS requested removing the $500 limit and using the limit established by the State Statute; that Staff recommends keeping the $500 assessment limit sO the Commission controls the limit even if the State Statute changes; that the Special District can come before the Commission to request an increase in assessments if the limit in the State Statute increases. Commissioner Quillin asked for clarification of the language in the State Statute. Attorney Connolly stated that the State Statute provides for an up to $500 per year non-ad valorum assessment, in addition to the $2 mills in property tax. Commissioner Quillin asked if language indicating the assessment will be the limit established by the State Statute could be added to the proposed Ordinance? Attorney Connolly stated yes. Commissioner Quillin stated that the maximum allowable rate established by the State Statute is $500; that the City should adopt the maximum amount allowed by State Statute sO a new ordinance is not required if the State Legislature decides to increase the amount. Attorney Connolly stated that deleting the $500 non-ad valorum assessment limit was requested by CLAS; that Staff decided to keep BOOK 52 Page 23488 07/08/02 2:00 P.M. BOOK 52 Page 23489 07/08/02 2:00 P.M. the assessment limit at $500 based on the perceived direction from the Commission; that the assessment limit can be changed by the Commission Commissioner Quillin asked if the Commission can limit the assessment to $500 if the State Legislature increases the amount to $1,000? Attorney Connolly stated yes; that the amount could be reduced to a lower amount than currently allowed by State Statute; that the intent of the proposed Ordinance is to provide ultimate control to the Commission to make decisions. Commissioner Quillin asked if the $500 non-ad valorum assessment is a one-time assessment? Attorney Connolly stated the amount is an annual assessment. Vice Mayor Palmer stated that the efforts of Martin Rappaport, Executive Director, Commercial Landowners Association of St. Armands, Inc. (CLAS), regarding the referendum are commended; that the actual result was the property owners of approximately 75 percent of the assessed values rather than the 50 percent required approved the Special District; and congratulated the landowners, merchants, and the residents for the success of the referendum. City Auditor and Clerk Robinson stated that only 5 ballots were cast against the referendum. 2. ANNOUNCEMENT RE : ATTORANEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011 (8), FLORIDA STATUTES (2001), PURSUANT TO A REQUEST BY THE CITY ATTORNEY TO DISCUSS THE SETTLEMENT NEGOTIATIONS AND STRATEGY RELATING TO LITIGATION EXPENDITURES RELATING TO THE MANASOTA POST POLIO SUPPORT GROUP, / ET AL. VERSES THE CITY OF SARASOTA CASE NO. 8:00-CV-1436-7-30, UNITED STATES DISTRICT COURT - MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION (AGENDA ITEM II) CD 2:15 through 2:25 Mayor Mason stated that Agenda Item II is for the Commission to recess and reconvene into an attorney-client session; and requested that the City Attorney explain the procedure for the attorney-client session. City Attorney Taylor stated that Agenda Item II and the attorney- client session were scheduled in accordance with Section 286.011(8), Florida Statutes (2001), to discuss settlement negotiations relating to litigation arising out of the pending lawsuit in the matter of Manasota Post Polio Support Group, et al., verses the City of Sarasota, US District Court, Middle District of Florida, Case No. 8:00-CV-1436-P-30A, that for the record, Agenda Item II commenced at 2:17 p.m.i that the attorney-client session will be confined to discussions concerning settlement and strategy related to litigation expenses arising out of the pending lawsuit with the trial of the lawsuit about to commence; that the request for the attorney-client session was made at the June 17, 2002, Regular Commission meeting by the City Attorney in accordance with the State Statute; that the parties to the case are: Manasota Post Polio Support Group, et. al - Plaintiffs City of Sarasota - Defendant City Attorney Taylor continued that the persons attending the attorney-client session will be: Carolyn J. Mason, Mayor; Lou Ann R. Palmer, Vice Mayor; Richard F. Martin, Commissioner, via teleconference; Mary J. Quillin, Commissioner; Michael A. McNees, City Manager; Richard J. Taylor, City Attorney; Mark D. Singer, Litigation Counsel for the City; Thomas M. Gonzalez, Special Legal Counsel for the City; Erin A. Gremillion, Special Legal Counsel for the City; and a certified court reporter. City Attorney Taylor further stated that the record of the attorney-client session will become a public record filed with the City Auditor and Clerk at the conclusion of the litigation; that the anticipated length of time for the attorney-client session will be approximately 30 minutes. The Commission recessed at 2:25 p.m. into an attorney-client session in Room 109 in City Hall and reconvened in the Chambers at 3:11 p.m. 3. ANNOUNCEMENT RE: TERMINATION OF ATTORNEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011(8), FLORIDA STATUTES (2001) (AGENDA ITEM III) CD 3:11 through 3:11 Mayor Mason announced the termination of the attorney-client session in accordance with Section 286.011(8), Florida Statutes (2001), at 3:11 p.m. BOOK 52 Page 23490 07/08/02 2:00 P.M. BOOK 52 Page 23491 07/08/02 2:00 P.M. City Attorney Taylor stated for the record, that the attorney- client session was terminated at 3:11 p.m.i that the Commission provided the required direction. 4. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM IV) CD 3:11 through 3:11 There was no one signed up to speak. 5. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA CD 3:11 through 3:19 MAYOR MASON: A. stated that information was received the County may be considering changing City's programming on Access Sarasota, Channel 19, AccessSarasota) that information concerning any potential change to the programming should be provided by the Steering Committee for AccessSarasota to the Commission / that the understanding is the Steering Committee has not met since 2001. City Auditor and Clerk Robinson the last meeting of the Steering Committee was in December of 2001. Mayor Mason stated that the City's representatives on the Steering Committee should be included in discussions if the City's programming is anticipated to change. Commissioner Quillin stated that information concerning the City of North Port is being advertised on the AccessSarasota Bulletin Board; that a report has not been provided regarding the programming of AccessSarasota; that constituents have questioned the reason old Commission meetings are being re- broadcast since recent Commission meetings should be re-broadcast shortly following the live meetings but are not; that the broadcast of the meeting is not consistent; that constituents have complained the recent meetings are not being re-broadcast and shows are being re- broadcast numerous times. Vice Mayor Palmer stated that the programming issue should be resolved; that the City Manager and the City Auditor and Clerk are members of the Steering Committee; that the Commission should by consensus direct the City's members of the Steering Committee to meet with the County to resolve the programming issues. Commissioner Quillin stated that a second channel can be implemented if desired. Mayor Mason stated that the second channel was discussed at the May 7, 2002, joint meeting of the City Commission and the Board of County Commissioners. Commissioner Quillin agreed; but stated that only discussions are held; that a financial report regarding the programming has been requested for the past three years but not yet received; that an report has been received but not a report indicating the actual operating costs of the AccessSarasota facility as desired. Vice Mayor Palmer stated that the participation in the AccessSarasota programming by the City of Venice was discussion at the May 7, 2002, joint meeting; that a report regarding the participation of the City of Venice has not been received; that other boards in the community are interesting in participating in the programming; that the City of Sarasota voted unanimously at the May 7, 2002, joint meeting to: allow the broadcast of Venice City Council meetings on AccessSarasota if an appropriate fee is paid and schedules do not interfere with City or County scheduled programming.. Vice Mayor Palmer continued that the County also voted unanimously to approve a similar motion at the May 7, 2002, joint meeting to: - to allow the broadcast of Venice City Council meetings on AccessSarasota with a cost as will be determined as long as Venice programming does not conflict with existing programs.. Vice Mayor Palmer stated that no further information has been received regarding the participation of the City of Venice; that the City Auditor and Clerk and City Manager should meet with the appropriate people and report back to the Commission. City Auditor and Clerk Robinson stated that the Steering Committee voted in September of 2001 to allow the City of Venice to participate in AccessSarasota if an appropriate fee is paid and schedules do not interfere with City or County scheduled BOOK 52 Page 23492 07/08/02 2:00 P.M. BOOK 52 Page 23493 07/08/02 2:00 P.M. programming; that the Steering Committee should be meeting four times a year and has not meet in 2002; that the lack of communication is a problem. Commissioner Quillin stated that the City of Venice may be of the opinion a financial contribution is not necessary as a cable franchise fee is already being paid by Venice residents; however, the payment is going to County and not the Cityi that employment opportunities for the City of North Port are being advertised on AccessSarasota; that returning to the original intent of the programming is desired; that a long-range plan for a second channel should be developed. Mayor Mason stated that the issue regarding the possible changing of programming should be resolved by the Steering Committee. City Auditor and Clerk Robinson stated that several issues regarding AccessSarasota were recently discussed with the City Manager. Commissioner Quillin stated that the recesses of the Commission and Board meetings should be edited out of the re-broadcast; that complaints have been received regarding the lack of editing; that the public should not have to wait 10 to 15 minutes for the meeting to reconvene with the screen displaying the meeting is in recess. 6. ADJOURN (AGENDA ITEM V) CD 3:19 There being no further business, Mayor Mason adjourned the Special meeting of July 8, 2002, at 3:19 p.m. CaslhQMase CAROLYN J. MASON, MAYOR a E Robenson BILL - ROBINSON, CITY AUDITOR AND CLERK