MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF AUGUST 1, 2001, AT 2:00 P.M. PRESENT : Mayor Albert F. Hogle, Vice Mayor Carolyn J. Mason, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT : None PRESIDING: Mayor Hogle The meeting was called to order in accordance with Article III, Section 9(a) 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. SELECTION RE: FINALISTS TO BE INTERVIEWED FOR THE POSITION OF CITY MANAGER SELECTED PAUL BEECHER, CITY MANAGER, DOVER, NEW HAMPSHIRE, STERLING CHEATHAM, ASSISTANT CITY MANAGER, NORFOLK, VIRGINIA, ROD IRWIN, ASSISTANT COUNTY MANAGER, ARLINGTON COUNTY, VIRGINIA, BONNIE KRAFT, CITY MANAGER, GRESHAM, OREGON, MICHAEL MCNEES, ASSISTANT COUNTY MANAGER, COLLIER COUNTY, FLORIDA, AND ELLEN POSIVACH, CITY MANAGER, TARPON SPRINGS, FLORIDA, AS FINALISTS FOR THE POSITION OF CITY MANAGER (AGENDA ITEM I) #1 (0030) through (1170) Lewis Fox, Regional Director, DMG-Maximus (DMG), and William Campbell, Director of Human Resources, came before the Commission. Mr. Fox referred to a displayed computer-generated slide of the 15 semifinalist candidates for the position of City Manager, distributed copies of a ranking sheet for the semifinalist candidates to Commissioners, and stated that DMG was hired by the Commission to facilitate the selection of a new City Manager; that 92 applications for the City Manager position were received; that DMG reduced the 92 applications to 15 semifinalists for review by the Commission; that the applications of the 15 semifinalists were received by Commissioners on Saturday, July 28, 2001; that Commissioners' questions concerning the applications and selection process were addressed prior to the current meeting; that Commissioners should proceed to ranking the top five desired finalists; that two alternate finalists should also be identified to replace any BOOK 49 Page 21574 08/01/01 2:00 P.M. BOOK 49 Page 21575 08/01/01 2:00 P.M. of the top five finalists who withdraw from further consideration; that the interview process for finalists is scheduled for August 16 through 18, 2001; that DMG will contact the finalists and provide the schedule for the interview process; that the continued interest and availability of each finalist will be confirmed; that one candidate, Stephen Stanton, City Manager, Largo, Florida, decided to withdraw from further consideration just prior to the current meeting; that a preferred finalist should not be discussed openly at the current meeting; that the number of votes for each semifinalist will be recorded after the rankings are obtained. City Auditor and Clerk Robinson stated that Commissioners should sign the ranking sheets for the public record. The Commissioners completed the ranking sheets and distributed to the City Auditor and Clerk for the public record. Mr. Fox stated that the Commission has selected the following candidates as finalists for the position of City Manager: Top Five Alternate votes votes Paul Beecher, City Manager, Dover, 5 New Hampshire Michael McNees, Assistant County 4 1 Manager, Collier County, Florida Sterling Cheatham,- Assistant City 3 1 Manager, Norfolk, Virginia Rod Irwin, Assistant County Manager, 3 1 Arlington County, Virginia Bonnie Kraft, City Manager, Gresham, 2 2 Oregon Ellen Posivach, City Manager, Tarpon 2 2 Spring, Florida Mr. Fox continued that the intent was to select five finalists for on-site interviews; however, Ms. Kraft and Ms. Posivach received the same number of top five and alternate votes; therefore, the recommendation is to interview six finalists; that interviewing six finalists will ensure at least five are interviewed and will not be significantly more difficult to facilitate than five finalists. Mayor Hogle stated that Mr. Holley received 2 top five votes but no alternate votes; and asked if Mr. Holley will serve as the alternate finalist? Mr. Fox stated yes. City Auditor and Clerk Robinson stated that Commissioners will conduct individual interviews with the selected finalists on August 16 and 17, 2001; that a reception will be held for the finalists and the public at 5 p.m., August 17, 2001, at the Van Wezel Performing Arts Hall (VWPAH); that a Special Commission meeting will be held at 9 a.m., August 18, 2001, to - conduct Commission interviews with each finalist and to select a new City Manager. Mr. Fox stated that an hour should be allocated for the interview of each finalist at the August 18, 2001, Special Commission meeting; that the interviews should consume 45 minutes; that 15 minutes should be allowed between interviews; that the interviews will be begin at 9 a.m. and should be concluded in the afternoon; that the Commission will proceed to selecting a new City Manager after the interviews are conducted. Vice Mayor Mason asked if the August 18, 2001, Special Commission meeting will last all day? City Auditor and Clerk Robinson stated yes; that candidates will also be provided tours of the City on August 16 and 17, 2001. Mr. Fox stated that each Commissioner will interview each finalist individually on August 16 and 17, 2001; that a recommended list of questions will be submitted for the August 18, 2001, Special Commission meeting; that the recommended questions should be asked of each finalist at the August 18, 2001, Special Commission meeting; that Commissioners may also ask other questions of the finalists if desired. Vice Mayor Mason asked the times Commissioners should reserve for individual interviews on August 16 and 17, 2001? City Auditor and Clerk Robinson stated that Commissioners' schedules will be coordinated to ensure each Commissioner conducts an individual interview with each finalist. BOOK 49 Page 21576 08/01/01 2:00 P.M. BOOK 49 Page 21577 08/01/01 2:00 P.M. Commissioner Quillin asked if the questions submitted to the Commission should be asked only at the August 18, 2001, Special Commission meeting? Mr. Fox stated yes. Commissioner Martin stated that the Commission's ranking of the finalists should not be shared with the finalists until the August 18, 2001, Special Commission meeting is adjourned. Mayor Hogle asked Mr. Fox to state for the public watching at home his qualifications to facilitate the hiring process? Mr. Fox stated that he is a retired City Manager; that he attended the University of Missouri, at which a Bachelor's Degree in Public Administration was earned; that a Master's Degree in Public Administration was earned from the University of Kansas; that he served as Budget Analyst for the City of Wichita, Kansas, served in the United States Marine Corps, served as the City Manager of the City of Overland Park, Kansas, which is a suburban community of Kansas City, Missouri, served as City Manager for five years for the City of Orange, Texas, which is a very diverse community, and served for four years as a Deputy City Manager and nine years as the City Manager for the City of San Antonio, Texas; that in 1990, he became a professor at Trinity University in San Antonio, Texas; that he now works for DMG as a private consultant and a Regional Director for executive searches. Commissioner Palmer stated that Commission meetings are open to the public; that the Commission cannot prevent anyone from attending the meetings; however, the finalists should not be allowed to observe another finalist's interview. Mr. Fox concurred and stated that DMG recently completed the hiring of a new City Manager for the City of Clearwater, Florida; that the finalists were asked not to attend the other finalists' interviews; that city managers are protessionally bound to observe the requests of a city commission or council; that the finalists were interviewed in a manner which did not allow the other finalists to observe the interview; that the meeting could be taped and broadcast after the meeting is completed. Commissioner Palmer asked if DMG will conduct background checks for the selected finalists prior to the August 18, 2001, Special Commission meeting? Mr. Fox stated yes; that the educational degrees of the finalists will be verified; that a criminal history report will. be obtained for each finalist; that the litigation record of each finalist will be examined; that a media search will be conducted of newspaper or journal articles which were written about each finalist; that personal references will be requested and contacted for each finalist; that other individuals familiar with a finalist may be contacted; that a portion of the background check was performed for the semi-finalists. Commissioner Palmer asked if the background information will be provided prior to the August 18, 2001, Special Commission meeting? Mr. Fox stated yes; that the background information will be provided to the Commission as soon as possible; that DMG will submit a final report prior to the August 18, 2001, Special Commission meeting; that the final report will contain the background information and DMG's analysis and assessment of each finalist; that any issues and controversies will also be identified in the final report. Commissioner Palmer asked the role of DMG after the Commission selects a new City Manager? Mr. Fox stated that DMG will provide assistance for negotiation of a contract with the new City Manager; that assistance will also be provided to the spouse of the new City Manager if necessary. Commissioner Palmer asked if any special demands or concerns of the finalists will be provided to the Commission prior to the selection of a new City Manager? Mr. Fox stated that the finalists will bè informed of the City's current contract with City Manager Sollenberger; that the terms and conditions of employment as City Manager will be discussed; that other issues concerning the City will be discussed; that finalists will have an opportunity to identify any concerns or special demands. Commissioner Palmer asked if the Commission should conduct on-site visitations? Mr. Fox stated that conducting an on-site visitation is a policy issue; that an executive search for a city manager was recently completed for the City of Carrollton, Texas; that the City Council of Carrollton decided to conduct an on-site visitation; that the on-site visitation was utilized to examine first-hand the BOOK 49 Page 21578 08/01/01 2:00 P.M. BOOK 49 Page 21579 08/01/01 2:00 P.M. performance of the selected candidate in the jurisdiction currently served; that important civic, business, media, and community leaders were questioned; that the on-site visitation provided invaluable assistance for a final decision; however, on- site visitations are not conducted frequently; that an on-site visitation can be conducted if desired. Commissioner Quillin stated that an on-site visitation may not be required; that each Commissioner could visit the jurisdiction of one selected finalist. Commissioner Palmer stated that only one on-site visitation should be conducted; that the on-site visitation should be conducted in the jurisdiction of the finalist selected to become the new City Manager. Commissioner Quillin stated that the on-site visitation should be conducted prior to selecting a new City Manager. Commissioner Palmer stated that the on-site visitation was utilized during the hiring of City Manager Sollenberger for assurance in hiring the selected finalist; that a new City Manager is not formally hired until a contract is negotiated. Mayor Hogle concurred and stated that DMG and the City Attorney will be responsible for negotiating a contract with the selected finalist; that negotiating the contract with the selected finalist may consume significant time; that the current City Manager's contract and the expertise of DMG and the City Attorney's Office should reduce the negotiation period. Commissioner Quillin stated that the finalists should be requested to provide a proposed contract prior to the August 18, 2001, Special Commission meeting; that applicants for executive positions are regularly requested to provide a proposed contract; that all desired benefits and allowances should be included in the proposed contract. Mr. Fox concurred and stated that the City should provide a reasonable relocation allowance separate from the contract with the new City Manager. Commissioner Quillin concurred and stated that the financial demands of the finalists should be provided to the Commission prior to the selection of a new City Manager. Mr. Fox stated that each state has a different retirement system and benefits; that a particular finalist's retirement benefits may not be portable to another state; that the majority of city managers participate in the deferred compensation program of the International City/County Management Association (ICMA) or a private retirement plan; that copies of the finalists' current contracts and other contracts negotiated by DMG will be provided to the Commission for consideration at the August 18, 2001, Special Commission meeting. 2. REPORT RE: RESPONSE TO THE CITY'S REQUEST FOR PROPOSAL (RFP) NO. 01-64H, LEASE AGREEMENT FOR THE LEMON AVENUE MALL REJECTED ALL RESPONSES TO RFP NO. 01-64H AND DIRECTED THE ADMINISTRATION TO EXAMINE THE CONDITION OF THE LEMON AVENUE MALL LEASEHOLD AND TO PERFORM ANY REQUIRED CLEANUP OR REPAIRS (AGENDA ITEM II) #1 (1170) through (1510) Nancy Carolan, Director of General Services, and V. Peter Schneider, Deputy City Manager, came before the Commission. Ms. Carolan stated that the deadline to receive responses to Request For Proposal (RFP) No. 01-64H was July 20, 2001; that four responses to RFP No. 01-64H were received and are included in the Agenda backup material; that responses were received from Angel's Catering, Ed's Place of Sarasota, Inc., Islander's Orchid Hut, and H & B Concessions; that an August 6, 2001, Commission Workshop is scheduled to select a response to RFP No. 01-64H; that a Staff review committee was established to conduct an initial examination of the responses; that the Staff review committee unanimously found all responses unresponsive to the terms of RFP No. 01-64H and thus, unsatisfactory; that the recommendation of the Staff review committee is to reject all responses to RFP No. 01-64H. Ms. Carolan referred to a July 18, 2001, letter from the Downtown Association of Sarasota, Inc. (Downtown Association) I to the Commission concerning the Lemon Avenue Mall leasehold included in the Agenda backup material and continued that the Downtown Association presented an alternate proposal to continuing the RFP process; that the proposal is for the City to consider temporarily leasing the Lemon Avenue Mall leasehold to the Downtown Association, which will be responsible for securing a tenant; that the Downtown Association's proposal was not considered by the Staff review committee; that Staff's request is to seek Commission rejection of all responses to RFP BOOK 49 Page 21580 08/01/01 2:00 P.M. BOOK 49 Page 21581. 08/01/01 2:00 P.M. No. 01-64H; that the presentation of the responses to RFP No. 01-64H scheduled for the August 6, 2001, Commission Workshop should be cancelled; that the July 18, 2001, letter should be considered by the Commission; that the Downtown Association could be requested to provide a presentation if desired. Ms. Carolan further stated that the Staff review committee consisted of the Director of General Services, the Director of Public Works, the Acting Director of Neighborhood Development, and the Director of Downtown Redevelopment; that the current status of the leasehold poses many potential challenges to a temporary tenant; that the weather is a potential challenge; that tenants are prohibited from constructing additional structures on the leasehold; that the proposed lease term is for one year; that a one- -year lease may not be preferred by prospective tenants as the leasehold requires significant improvements which could be expensive; that the general recommendations proposed for the Lemon Avenue Mall, Project D7, the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020) were also included in RFP No. 01-64H and indicate a specific type of development should occur; that the Downtown Master Plan 2020 also indicates certain utilities at the Lemon Avenue Mall should be improved and relocated; that improving and relocating the leasehold utilities would significantly disrupt operations; however, improved utilities may offer different uses of the leasehold such as the construction of an additional structure. City Manager Sollenberger stated the Administration recommends rejecting all responses to RFP No. 01-64H. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to reject all responses to Request For Proposal No. 01-64H. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Mayor Hogle asked if a representative from the Downtown Association is interested in speaking during Citizens' Input? Mr. Schneider stated that the Administration's intent was to allow the Downtown Association sufficient time to prepare a presentation to the Commission; that the Downtown Association may not be prepared to make a presentation at the current meeting and has only submitted the July 18, 2001, letter which indicates a proposal could be made to the Commission; that a meeting will be scheduled to receive a presentation from the Downtown Association. Mayor Hogle asked if the 2 p.m., August 6, 2001, Commission Workshop should be cancelled? Mr. Schneider stated yes; that the Downtown Association's presentation will be scheduled for a Commission Workshop or as an Agenda item for a Regular Commission meeting after discussion with the Downtown Association; that the presentation will be scheduled for a Commission Workshop if the discussion will consume more than 30 minutes. Commissioner Quillin stated that the exterior of the Lemon Avenue Mall leasehold should be Cleaned upi that the restrooms at the leasehold should be Cleaned and open to the public; that the existing condition of the leasehold is not satisfactory; that the leasehold could be utilized for advertising space for the Van Wezel Performing Arts Hall (VWPAH) or other local attractions; that a map of Main Street and the schedule of the Sarasota County Area Transit (SCAT) Trolleys could also be posted; that the Lemon Avenue Mall should be a pleasant and enjoyable public space; that the public should be encouraged to visit the Lemon Avenue Mall; that the exterior should be cleaned; that any broken or malfunctioning light Eixtures should be repaired. Mayor Hogle stated that the consensus of the Commission is to direct the Administration to examine the condition of the Lemon Avenue Mall leasehold and to perform any required cleanup or repairs. 3. CITIZENS' INPUT CONCERNING CITY TOPICS SCHEDULED A PRESENTATION FROM THE DOWNTOWN ASSOCIATION CONCERNING THE LEMON AVENUE MALL LEASEHOLD FOR THE 2 P.M., AUGUST 6, 2001, COMMISSION WORKSHOP (AGENDA ITEM III) #1 (1510) through #1 (1765) Paul Thorpe, 1818 Main Street (34236), Executive Director, the Downtown Association of Sarasota, Inc. (Downtown Association), came before the Commission, referred to the July 18, 2001, letter to the Commission concerning the Lemon Avenue Mall leasehold included in the Agenda backup material and stated that the Downtown Association has not prepared a presentation for the current meeting; that the decision of the Commission concerning the Lemon Avenue Mall leasehold and Request For Proposal (RFP) No. 01-64H was not anticipated; that the proposal contained in BOOK 49 Page 21582 08/01/01 2:00 P.M. BOOK 49 Page 21583 08/01/01 2:00 P.M. the July 18, 2001, letter has been discussed among the members of the Downtown Association Board of Directors; that the desire is to provide a presentation at a Commission Workshop, which would allow an exchange of concepts for utilizing the leasehold; that the intent is to utilize the Lemon Avenue Mall to benefit the City; that the Downtown Association will present a number of concepts for utilizing the leasehold; that Commissioners' concepts for utilizing the leasehold should also be discussed; that the discussion at a Commission Workshop would be utilized to prepare a final written proposal which could be approved at a Regular Commission meeting. Commissioner Palmer asked if the presentation of the Downtown Association could be prepared for the previously cancelled 2 p.m., August 6, 2001, Commission Workshop? Mr. Thorpe stated that more time was anticipated to prepare a presentation to the Commission; however, a meeting of the Downtown Association Board of Directors is scheduled for August 2, 2001; that the presentation could be. developed at the meeting and provided for the August 6, 2001, Commission Workshop, which would be utilized to exchange concepts for utilizing the leasehold; that the intent is to acquire the leasehold as soon as possible; that the leasehold could be utilized for advertising space; that a tenant for the leasehold should be acquired no later than October 1, 2001. Commissioner Palmer stated that the Commission's schedule is very busy during August 2001. Mayor Hogle stated that the 2 p.m., August 6, 2001, Commission Workshop is the preferred date to receive a presentation from the Downtown Association. Commissioner Quillin concurred and stated that annually leasing the leasehold for $1 will not be supported as requested in the July 18, 2001, letter; that a use or tenant for the leasehold which attracts the public to the Lemon Avenue Mall should be obtained; that the City should earn income from the leasehold; that the Lemon Avenue Mall should be utilized for holiday and other special events; that lights were previously installed and should be reinstalled in the trees on the Lemon Avenue Mall; that the maintenance of the leasehold should be increased; that the Lemon Avenue Mall should be pressure cleaned; that the Downtown Association should provide recommendations which generate income for the City and enhance the appeal of the leasehold; and asked if the leasehold was previously leased for $25 daily? V. Peter Schneider, Deputy City Manager, came before the Commission and stated yes. Commissioner Quillin stated that income is required to fund the costs of maintenance and other required repairs such as repairs to the restrooms; that the restrooms are utilized regularly by the public, especially during the Farmers' Market on Saturdays. City Manager Sollenberger stated that a provision requiring the tenant to pay the property taxes for the leasehold should be included in the City's lease with the tenant. Mayor Hogle stated that the consensus of the Commission is to schedule a presentation from the Downtown Association concerning the Lemon Avenue Mall leasehold for the 2 p.m., August 6, 2001, Commission Workshop. Commissioner Quillin stated that other non-profit organizations should be invited to attend the 2 p.m., August 6, 2001, Commission Workshop; that other persons or organizations should be allowed to present concepts for utilizing the leasehold. Mr. Thorpe stated that a proposal allowing the Downtown Association to lease the Lemon Avenue Mall leasehold will be provided; that other organizations previously had an opportunity to provide a response to RFP No. 01-64H. Commissioner Quillin stated that the August 6, 2001, Commission Workshop should not be focused solely on the Downtown Association; that a negative public perception may result; that the Commission may be viewed as favoring the Downtown Association over other non-profit organizations; that the August 6, 2001, Commission Workshop should be focused on developing concepts for utilizing the leasehold; that the intent is to lease the leasehold to the Downtown Association, which will be responsible for securing a tenant. Commissioner Martin stated that the July 18, 2001, letter from the Downtown Association was also signed by many local merchants and other community members; and asked who will provide a presentation with the Downtown Association at the August 6, 2001, Commission Workshop? BOOK 49 Page 21584 08/01/01 2:00 P.M. BOOK 49 Page 21585 08/01/01 2:00 P.M. Mr. Thorpe stated that a few local merchants and the Acting President of the Downtown Association will also provide concepts for utilizing the leasehold during the presentation. 4. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM IV) #1 (1765) through (1790) CITY MANAGER SOLLENBERGER. : A. stated that he will be on vacation starting August 6, 2001, will be absent during the remainder of August 2001, but will return for September 2001; that the remainder of personal leave time will be utilized prior to his retirement as City Manager. 5. ADJOURN (AGENDA ITEM V) #1 (1790) There being no further business, Mayor Hogle adjourned the Special meeting of August 1, 2001, at 2:55 p.m. Q414 / ALBERT F. HOGLE, % MAYOR ATTEST: : : - (V BStk.é - Rolnes BILLY B ROBINSON, CITY AUDITOR AND CLERK 3 00 C