MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 16, 2002, AT 2:30 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 2:31 through 2:33 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Commission Presentations, Item No. VIII-3, Proclamation Re: Sarasota Mothers and Infants Day, per the request of Commissioner Servian. B. Remove under Scheduled Presentations, Item IX-2, Presentation Re: Status of Island Park Mooring, per the request of Commissioner Servian. C. Add under Commission Presentations, Item No. VIII-4, Mayor's Citation recognizing James DeNiro, Police Officer, Sarasota Police Department, and Ron Locke, Sergeant, Sarasota County Sheriff's Department, for service above and beyond the call of duty in apprehending a suspect wanted in connection with three bank robberies in the past month. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. BOOK 53 Page 24456 12/16/02 2:30 P.M. BOOK 53 Page 24457 12/16/02 2:30 P.M. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:33 through 3:04 The following people came before the Commission: Ken Smith, 2221 Shadow Wood Lane (34240), President of Dooley & Mack Constructors, Inc. (Dooley & Mack), stated that Dooley & Mack is the contractor responsible for the renovation of the Van Wezel Performing Arts Hall (VWPAH); that the renovation of the VWPAH was completed under the most difficult circumstances; that at the time, the City was facing $2.7 million in lost revenues and penalties if long-contracted pertormances were delayed; that in June 2001, the City and Dooley & Mack entered into a settlement agreement for Dooley & Mack and an electrical subcontractor to wait for payment until the City reached a settlement with the architect through mediation; that the settlement agreement was in the spirit of cooperation between the parties; that everyone anticipated a settlement of the issues in the mediation. Mr. Smith continued that in October 2001, the settlement agreement was undermined by an Orlando law firm sabotaging the spirit of the settlement agreement to further its own goals; that the action has forced Dooley & Mack into a position where the only means to now seek resolution is to file an action for binding arbitration with the City against the architect; that a sum of $300,000, which the Commission had allocated to the Orlando law firm to conduct the litigation, has been depleted; that the settlement agreement is gone; that any opportunity for a global settlement of the issues has been lost; that a second litigation concerning the same issues, which is estimated to cost $450,000 and will more likely cost $675,000 of taxpayer funds, is ludicrous. Mr. Smith further stated that the diligence and time spent in resolving these matters has been wasted; that at the time the agreement was made between the City and Dooley & Mack, Mayor Mason and Commissioner Quillin publicly thanked Dooley & Mack for doing the right thing in the summer before the VWPAH reopened. Mr. Smith stated further that the Commission should appoint an individual responsible for resolving the issues of the VWPAH; that he is a 30-year involved, supportive member of the community, worships on Main Street, and all of his children graduated from Sarasota High School. Mr. Smith continued that significant funds should not be spent with an Orlando law firm to resolve issues which could be resolved if honorable people met in good faith in an expedient and fair manner; that providing the City taxpayers an opportunity to resolve the issues without spending millions of dollars would be in the best interests of all concerned parties. William Dooley, Attorney, 1432 First Street (34236), representing Dooley & Mack, stated that on June 21, 2001, Dooley & Mack and the City entered into a settlement agreement, agreeing to move forward jointly to pursue claims against the design team responsible for the problems at the VWPAH; that on October 12, 2001, Dooley & Mack's bonding company was notified by letter of alleged defaults despite the settlement agreement and despite the continuation of work at the time; that the letter of October 12, 2001, destroyed the intended spirit of the settlement agreement; that Dooley & Mack continued to attempt to resurrect the settlement agreement but efforts to do sO were in vain. Mr Dooley continued that all the involved parties agreed to mediation; that the first mediation session was held on August 9, 2002, at which time all contractors and subcontractors were present and all but one attorney were present; that an agreement was reached to set aside three days in December 2002 at which time all parties would meet in Tampa to achieve a resolution of the issues; that the effort to attain a resolution was initiated by Dooley & Mack. Mr. Dooley further stated that in early December 2002, the Tampa mediation session was cancelled without consultation with any of the parties involved; that the attorney for Taliesin Architects had assured Dooley & Mack on several occasions all the parties would be present at the meeting and best efforts would be used to bring about a resolution to the issues; that the unilateral termination of the scheduled mediation session has resulted in a lost opportunity to resolve the issues forever. Conrad Lazo, 535 South Palm Avenue (34236), Attorney, representing Dooley & Mack, stated that he is a construction attorney, a graduate architect, and a partner in the law firm of Gurley Dramis; that because of his unique background in architecture as well as construction law, he was asked to review BOOK 53 Page 24458 12/16/02 2:30 P.M. BOOK 53 Page 24459 12/16/02 2:30 P.M. the documents relating to the VWPAH project, including the Complaint filed by the City against its architect and to appear before the Commission to emphasize the importance of achieving resolution of the issues; that Dooley & Mack is owed a substantial amount for charges resulting from errors and omissions in construction documents; that the issue of errors and omissions is not disputed but supported by the City's lawsuit against the architect; that the allegations in the lawsuit refer to the architect's breach of duty by negligently preparing incomplete, incorrect architectural drawings causing over 600 construction bulletins and numerous virtually incomprehensible drawing revisions which caused serious delays during the project. Mr. Lazo continued that Florida law follows the Spearin Doctrine which indicates the owner who procures construction documents is responsible for the damages associated with errors and omissions in construction documents; that applying the theory in this particular case would indicate the City procured the drawings and the City admits the errors and omissions, which imputes to the City a certain amount of liability; that to say anything to the contrary would be to argue inconsistently with the lawsuit already filed on the City's behalf. Mr. Lazo further stated that another troubling issue is the inconsistent dispute resolution provisions; that disputes are litigated with the architect but arbitrated with the construction manageri that if resolution of the issues is not amicable, the City will be forced to fight in two separate forums, thereby duplicating attorneys' fees. Mr. Lazo stated further that the City has spent $300,000 without taking one deposition, the most expensive part of any litigation; that an appeal is made to each Commissioner to bring the matter to a resolution rather than expend significant funds to defend the litigation inconsistently within the various forums. William R. Dooley, 550 Norton Street, Longboat Key (34228), Chairman and Chief Executive Officer of Dooley & Mack, stated that two years ago on October 13, 2000, the renovated VWPAH was reopened for the first performance; that upon reflection, the reopening of the VWPAH was an enormous feat considering the impediments during the project; that beginning at the onset of construction, a lawsuit against the City was filed concerning the use of the Local Option Sales Tax (L.0.S.T.), also called the penny sales tax, thereby shortening the planned construction time by two months; that within the first three months of construction, the architect completely revised and reissued the drawings which caused a delay of five weeks due to the many errors discovered in structural drawings; that after the revised drawings were being implemented, changes were still being made to the existing drawings. Mr. Dooley continued that the then-Executive Director of the VWPAH indicated doing whatever necessary to get the job done to open on time was required; that if the VWPAH did not open on time, the cancellation fees would have been astronomical; that for weeks before the reopening;, Dooley & Mack and several subcontractors worked 24 hours a day, seven days a week to complete the project on time; that Dooley & Mack has lived up to its commitment; that the VWPAH opened on time. Mr. Dooley further stated that the Commissioners are beseeched to appoint someone on the Staff, other than attorneys, to sit down with Dooley & Mack and bring closure to the issues of the VWPAH. Jerry McFadden, 5166 Kestral Park Terrace (34231), stated that the problems with the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) are two-sided; that litigation will be costly; that not too many years ago on Longboat Key, the Commissioners decided to shut down a developer as a result of a missed deadline; that the developer instituted a lawsuit and won; that as a result, the taxpayers of Longboat Key were adversely affected. Mr. McFadden continued that his hope is a similar situation does not happen in Sarasota; that discussion between the parties is the method to bring about a solution; that as a resident of 33 years, the suggestion is to enter negotiations instead of litigating the issues. Kerry Kirshner, Argus Foundation, 1515 Second Street (34236), John Harshman, Downtown Commercial Property Owners, 1575 Main Street (34236), Jay Brady, Director, Gulf Coast Builders' Exchange, 1575 Main Street (34236). Mr. Kirshner stated that the representatives of the three associations are appearing before the Commission in the interest BOOK 53 Page 24460 12/16/02 2:30 P.M. BOOK 53 Page 24461 12/16/02 2:30 P.M. of saving time; that the request is for the parties involved in the challenge to the Downtown Master Plan 2020 and the City to come together to discuss the issues rather than engage in protracted litigation; that the hope is the issues can be amicably resolved; that two sides can disagree but through discussion and compromise can achieve a positive result. Mr. Harshman stated that the Downtown Commercial Property Owners is one of the Challengers to the Amendment to the City's Comprehensive Plan, also called the Sarasota City Plan (City's Comprehensive Plan) resulting from the Downtown Master Plan 2020; that the Downtown property owners have joined the challenge due to legitimate concerns regarding the Downtown Master Plan 2020; that the Commission indicated an interest in negotiating the 28 items of initial concern raised regarding the Downtown Master Plan 2020; that as the representative of the Downtown Commercial Property Owners for the negotiations, approximately six or seven weeks of strenuous negotiations were spent; that as a result, eight points were identified on which City Staff, the Planning Board Local Planning Agency (PBLP), the Coalition of City Neighborhoods Association (CCNA), Duany Plater-Zyberk and Company (DPZ), the Challengers, and many members of the community could agree; that the eight points of agreement were presented to the Commission, at which time agreement on all but three points was negotiated; that a considerable amount of time has been spent in attempting to resolve the concerns; that an opportunity to move forward is requested. Mr. Brady stated that communication is key; that a dialog is being sought to achieve resolution of the issues in the near future; that clarification of positions should be addressed; that a positive outcome is at hand as long as communications remain open. Mike Hartenstine, 200 South Orange Avenue (34236), Attorney, appearing on behalf of Charles Bailey, Attorney, law firm of William, Parker, Harrison, Dietz & Getzen, who was unable to attend, stated that Attorney Bailey appeared before the Commission at the November 4, 2002, public hearing concerning the proposed settlement of the challenge to the amendment to the City's Comprehensive Plan concerning the Downtown Master Plan 2020; that Attorney Bailey spoke on behalf of his law firm as well as a Downtown property owner and informed the Commission his law firm and his client are supportive of the settlement agreement as originally proposed and requested that the Commission reconsider the settlement agreement. Mr. Hartenstine continued that reconsideration of the settlement agreement would be beneficial for two reasons; that first, the settlement agreement would accelerate the time frame for final adoption of the amendment to the City's Comprehensive Plan while continuing the litigation would only delay the effective date of the amendment and consequently delay adoption of a new zoning code for the Downtown area; that delay in the rezoning of property in the Downtown area to the new zone districts will further delay redevelopment of properties under the new standards; that second, the settlement agreement would ensure the validity of the amendment to the City's Comprehensive Plan would be upheld and would be adopted generally intact. Mr. Hartenstine further stated that a consensus regarding the major issues appears very close to resolution; that the settlement process can succeed; that the Commissioners are urged to reconsider the matter. Mr. Hartenstine quoted Abraham Lincoln, 16th President of the United States, to lawyers as follows: Discourage litigation. Persuade your neighbor to compromise whenever you can. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough. We are all neighbors, let us seek compromise. Bob Windom, 5450 Eagles Point Circle (34231), stated that Commission reconsideration is requested to the action taken regarding the Downtown Master Plan 2020, especially the legal action to solve the issues; that negotiation is necessary for all parties to move forward; that cautious deliberation of the issues is paramount to achieve the best results while being ever mindful of the impact on future generations; that the historical record will report the success or failure of the responsible parties and the impact of their decisions; that as Louis Brandeis, Associate Justice of the United States Supreme Court, said: "The most important office in a democracy is the office of citizen." Ian Black, 6784 Sarasea Circle (34242), stated that during his last appearance before the Commission, a request was made to BOOK 53 Page 24462 12/16/02 2:30 P.M. BOOK 53 Page 24463 12/16/02 2:30 P.M. adopt a spirit of compromise; that strong leadership is now necessary to lead the parties down the road to the 'promised" plan; that protracted litigation is not a choice by the citizens who rely on the Commission's judgment; that a spirit of cooperation and compromise among the parties must become the goal. Mr. Black further stated that the business community has in the past been mischaracterized as the "bad boys"; that if the settlement agreement is accepted, the business community will be the instrument by which to measure successi that the Commission is requested to bring unity to all concerned and accept the amended settlement agreement. Paul Thorpe, 157 Garden Lane (34242), stated that as a concerned citizen, the recommendation is reconsideration of the amended settlement agreement be first and foremost on the agenda of the Commission; that discussions and negotiations among the parties are paramount to the success of the amended settlement agreement; that litigation will be costly and delay the commencement of the Downtown Master Plan 2020 for several months as well as be injurious to the spirit of the Cityi that 2003 must be the year to proceed with the Downtown Master Plan 2020 and bring unity back to the community. Ken Shelin, 770 South Palm Avenue (34236), stated that he has resided on the Downtown Bayfront directly north of Marie Selby Botanical Gardens (Selby Gardens) for approximately two years and has witnessed disruptive behavior and criminal activity by a small group of vagabonds living on a group of five to eight boats which are moored just off Selby Gardens; that the disruptive people living on the moored boats are not boaters; that the boats never leave the mooring and are poorly maintained; that the hulls and anchor lines of the boats have a significant amount of algae and barnacles; that other boaters have provided intormation the boats are essentially rented flophouses. Mr. Shelin continued that the vagabonds gain access to the mainland via the small beach directly north of Selby Gardens; that the vagabonds often use the property at Selby Gardens as a toilet and can be found sleeping at times in the mangroves along the Bayfront and in Selby Gardens; that the beach has been the scene of heavy drinking and drunken revelries and fights on numerous occasions; that the Sarasota Police Department (SPD) has been called on several occasions to respond to vagabond fights and verbal abuse towards people strolling along the Bayfront; that a number of arrests have occurred as a result. Mr. Shelin further stated that the vagabonds use the Bay as a toilet by dumping raw sewage from the boats directly into the Bay; that he wishes free sewage disposal privileges; that trash is also dumped onto the small beach adjacent to Selby Gardens; that the City dutifully hauls the trash away weekly; that he wishes free garbage service; that the vagabonds steal potable water routinely from his condominium building in large quantities; that he wishes free fresh drinking water. Mr. Shelin stated further that enforcement of the following Section VI-804 (B), Mooring and Living Aboard Watercraft, Zoning Code (2002 Ed.), regulations would discourage nearly all of the irresponsible and illegal behavior: (1) It shall be unlawful for any person or persons to moor, for any period of time, a boat, vessel, barge, floating structure, floating home for live-aboard purposes (2) (c) It shall be unlawful for any person who moors a watercraft within the Marine Park zone to deposit or dispose of any trash, garbage or waste, including wastewater, by casting the same in or onto the waters of the Marine Park Zone District Mr. Shelin stated that the SPD recently swept the Bayfront mooring field and ticketed a number of illegal boats which resulted in 30 or more boats being removed; that the effort to remove the boats has stopped; that vagabonds planning to leave due to excessive heat have stayed since City enforcement has ceased; that the Commission is requested to ensure the SPD routinely enforces Section VI-804 (B), Zoning Code (2002 Ed.). 3. APPROVAL RE: : MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF NOVEMBER 26, 2002, AND MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 2, 2002 = APPROVED (AGENDA ITEM II-1 AND -2) CD 3:04 through 3:06 BOOK 53 Page 24464 12/16/02 2:30 P.M. BOOK 53 Page 24465 12/16/02 2:30 P.M. Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the November 26, 2002, Special Commission meeting and the December 2, 2002, Regular Commission meeting are approved by unanimous consent. 4. BOARD ACTIONS RE: BOARD REPORT : CELEBRATE SARASOTA COMMITTEE - RECEIVED REPORT (AGENDA ITEM III-1) CD 3:06 through 3:20 Mayor Mason referred to the Agenda Request form regarding the Celebrate Sarasota Committee included in the Agenda backup material and stated that a report will be provided. Thorning Little, Chair of the Celebrate Sarasota Committee (Committee), came before the Commission and stated that at its December 11, 2002, meeting the Committee unanimously approved a deadline of January 8, 2003, at 5 p.m. for grant applications; that a recommendation regarding the grant applications will be provided at the January 21, 2003, Regular Commission meeting; that the grant application has been revised and distributed to various groups who have participated in the monthly Committee meetings; that many neighborhood associations have been provided a copy of the grant application through the Coalition of City Neighborhoods Association (CCNA) ; that the number of neighborhoods receiving a copy is unknown. City Auditor and Clerk Robinson stated that Staff is in the process of mailing the grant applications to all neighborhood associations; that the application is the same as the Commission previously received with revisions as requested. Commissioner Quillin asked if the grant application is available on the City's web site? City Auditor and Clerk Robinson stated that the grant application is not on the City's web site at this time. Commissioner Servian left the Chambers at 3:08 p.m. Mr. Little stated that several elements discussed at the December 11, 2002, Committee meeting included: 1. Eligibility for a maximum of $500 per neighborhood funding Mr. Little stated the majority of the Committee agreed the neighborhoods could be eligible for a maximum of $500 per neighborhood with the anticipation the neighborhood would hold events or neighborhood functions to celebrate the City's 100th Anniversary during the year; that the grant funds could be utilized to offset the expenditures of the functions. 2. Grant application assessment process Mr. Little stated that the assessment should be based on the potential of the event to reach the greatest number of attendees and the benefit to the Cityi that activities with large budgets will be evaluated to determine the possibility of offsetting the funds. Mr. Little continued that the current budgeted present by the City Auditor and Clerk at the December 11, 2002, Committee meeting, indicates a budgetary balance of $103,060.28. Commissioner Quillin asked if the budgetary balance includes a carryover of $25,000 from the previous fiscal year. City Auditor and Clerk Robinson stated that the budgetary balance includes the remaining balance of the $25,000 which was carried forward. Mr. Little stated that a calendar of events planned throughout 2003 has been developed; that a multi-cultural event will be held at the end of 2003 at Robarts Sports Arena. Commissioner Martin asked the deadline for the grant applications? Mr. Little stated that the deadline is January 8, 2003; that parties desiring a copy of the grant application can contact the Office of the City Auditor and Clerk; that the completed grant application can be filed by facsimile prior to January 8, 2003. Commissioner Martin asked the method for disbursing funds if someone decided to organize a function in July 2003? Mr. Little stated that the Committee is attempting to remain flexible; that the hope is to provide the opportunity for anyone BOOK 53 Page 24466 12/16/02 2:30 P.M. BOOK 53 Page 24467 12/16/02 2:30 P.M. wishing to schedule an event to apply for the grant at this time rather than receiving grant applications throughout the year; that the hope is to run out of funding by February 2003; that the Committee anticipates soliciting for grants again as the year progresses if funding remains. Commissioner Martin stated that the short timeline is a concern, especially during the holidays; and asked if a maximum amount of funding has been established for larger events? Mr. Little stated no; however, the Committee has projected a maximum may be approximately $5,000; that the funding for the multi-cultural event will be in excess of $5,000; that the event will be extremely involved and target the largest number of people of all ages; that establishing a maximum amount of funding for large events is not recommended. Commissioner Quillin stated that the original discussions were for any request over $500 to require matching funds; that originally, City funds were not to be utilized; that corporate sponsors would be sought; that considering grant applications without assessment criteria is a concern; that the original discussion also included a maximum of $2,000 rather than $5,000 to require matching funds for large events; that the understanding is the multi-culture event will be in excess of $30,000; that the Committee should be soliciting corporate sponsorships. Mr. Little stated that the consideration of a number of elements and criteria for the grant application were presented to the Commission in September 2003; that nothing has been solidified; that the desire is to obtain large corporate sponsorsi that a letter was sent with the grant application itemizing some of the assessment criteria; that a number of the subcommittees have made presentations to the Commission; that most of the subcommittees have funding and sponsorships. Commissioner Quillin stated that the January 8, 2003, deadline is a concern; that smaller events may develop throughout the year after the funding is no longer available; that people should be reminded the events are gifts back to the citizens. Commissioner Servian returned to the Chambers at 3:17 p.m. Mr. Little stated that events and activities are being organized even though the January 8, 2003, deadline is fast approaching; that the possibility of extending the deadline to February 2003 and the receipt of grants throughout the year exists; that the hope is serious event organizers who have registered on the calendar will submit the grant applications by January 8, 2003; that the Committee may have to be receptive and flexible to a possible extension. Vice Mayor Palmer stated that minutes of the Committee meeting should be provided to the Commission; that the priorities, criteria, and a deadline should be established; however, later events should not be eliminated for not providing a written document by January 8, 2003; that some of the established determinations of the Committee may require Commission consensus; that written documentation of the Committee meetings and recommendations should be provided prior to the next board report. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to receive the report of the Celebrate Sarasota Committee. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 5. BOARD ACTIONS RE: : REPORT RE: : CITIZEN'S WITH DISABILITIES BOARD REGULAR MEETING OF NOVEMBER 15, 2002 - RECEIVED REPORT AND APPROVED THE REQUEST TO APPLY FOR THE NATIONAL ORGANIZATION ON DISABILITY SECOND ANNUAL ACCESSIBLE AMERICA COMPETITION (AGENDA ITEM III-2) CD 3:20 through 3:24 Mary Ciner, Chair of the Citizens with Disabilities Advisory Board, and William Hallisey, Director of Public Works, came before the Commission. Ms. Ciner presented the following items from the November 15, 2002, meeting of the Citizens with Disabilities Advisory Board: 1. Application for the National Organization on Disability Second Annual Accessible America Competition. Ms. Ciner stated that the Citizens with Disabilities Advisory Board requests approval to apply for the National Organization BOOK 53 Page 24468 12/16/02 2:30 P.M. BOOK 53 Page 24469 12/16/02 2:30 P.M. on Disability Second Annual Accessible America Competition; that the purpose of the competition is to recognize and promote replication of exemplary practices which communities use to facilitate the comprehensive involvement of citizens with disabilities in community life. 2. Ability to obtain closed captioning for AccessSarasota, Channel 19, AccessSarasota) and 3. Grievance policy update On motion of Vice Mayor Palmer and second of Commissioner Servian it was moved to receive the November 15, 2002, report of the Citizen's with Disability Advisory Board meeting and to approve the request to apply for the National Organization on Disability Second Annual Accessible America Competition. Commissioner Quillin stated that applying for the National Organization on Disability Second Annual Accessible America Competition is exciting; however, the minutes do not reflect any communication with the Office of the City Auditor and Clerk which is responsible for AccessSarasota. Ms. Ciner stated that the Office of the City Auditor and Clerk came before the Citizen's with Disability Advisory Board in November 2002 and requested that the item of closed captioning be continued to the January 2003 Citizen's with Disability Advisory Board meeting. City Auditor and Clerk Robinson stated that Mark Singer, Attorney, City Attorney's Office, is coordinating the efforts with the Office of the City Auditor and Clerk. Commissioner Quillin asked if the City is limited because of the involvement with the County and AccessSarasota? Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that the ability to involve the County is the reason the item was extended to the January 2003 meeting; that all parties will be present to address the difficult issues of closed captioning and to develop a long-range plan. Commissioner Quillin asked if the County's Citizen's with Disability Advisory Board been contacted? Attorney Singer stated no. Commissioner Quillin stated that a joint effort by both boards may be a good idea. Attorney Singer agreed. Mayor Mason called for a vote on the motion to receive the November 15, 2002, report of the Citizen's with Disability Advisory Board meeting and approve the request to apply for the National Organization on Disability Second Annual Accessible America Competition. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2,3,4,5, 6, 7, 8,9, AND 10 = APPROVED (AGENDA ITEM IV-A) CD 3:24 through 3:26 1. Approval Re: Strategic Plan Agreement between the City of Sarasota and Stansbury Resolution By Design, Inc., to prepare a strategic plan for the City of Sarasota in an amount not to exceed $25,500. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between the Sarasota Bay National Estuary Program (SBNEP) and Karen A. Farley, a sole proprietor, to assist SBNEP in developing the Protection, Involvement, Education & Restoration Program (P.I.E.R.), a school environmental outreach program for Sarasota and Manatee Counties. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between the SBNEP and Mote Marine Laboratory, Inc. to enable SBNEP to develop the Protection, Involvement, Education & Restoration Program (P.I.E.R.), a school environmental outreach program for Sarasota and Manatee Counties. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Barger and Dean Architects, Inc., to provide the design and construction management services for the stadium roof replacement and authorize funding in the amount of $10,828 for the BOOK 53 Page 24470 12/16/02 2:30 P.M. BOOK 53 Page 24471 12/16/02 2:30 P.M. repair and replacement of one air conditioning unit utilizing Sarasota School Board Bid #1142RW. 5. Approval Re: Authorize the City Attorney's office to file a quiet title action against CSX Transportation, Inc., (RFP #02-33M), in order to obtain marketable title of the abandoned railroad spur which traverses the City's Waterworks Building property. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute Amendment No. 1 to Florida Department of Environmental Protection (FDEP) Funding Agreement for Lido Key Beach Nourishment Project and to authorize Mayor to execute the Amendment. 7. Approval Re: Workers' Compensation Settlement Agreement between City of Sarasota and William J. Newland in the amount of $6,500. 8. Approval Re: Authorize the Administration to negotiate and the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Manatee Community College, (RFP #02-62M) for a Training Needs Analysis to identify internal and external courses and seminars needed for the development of City personnel. 9. Approval Re: Deny request from the Sarasota Housing Authority seeking a waiver for the $1,000 comprehensive plan amendment filing fee. 10. Approval Re: Neighborhood Action Strategy, analysis of Neighborhoods. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 10, inclusive. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1558) - ADOPTED, i ITEM 2 (RESOLUTION NO. 03R-1559) = ADOPTED; ITEM 3 (RESOLUTION NO. 03R-1562) ADOPTED, ; ITEM 4 (RESOLUTION NO. 03R-1566) = ADOPTED, ; ITEM 5 (RESOLUTION NO. 03R-4432) ADOPTED; ; ITEM 6 (ORDINANCE NO. 02-4413) - ADOPTED; AND ITEM 7 (ORDINANCE NO. 03-4425) = ADOPTED (AGENDA ITEM IV-B) CD 3:26 through 3:30 1. Adoption Re: Resolution No. 03R-1558, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only). 2. Adoption Re: Resolution No. 03R-1559, appropriating $86,704.75 from the Unappropriated Fund Balance of the General Fund to fund arbitrage liability from the First Florida Governmental Finance Commission Loan to the City for partially funding the Van Wezel Renovation project. 3. Adoption Re: Resolution No. 03R-1562, appropriating $25,500 from the Unappropriated Fund Balance of the General Fund to provide funding for the agreement with Stansbury Resolution by Design, Inc. to prepare a strategic plan for the City of Sarasota. 4. Adoption Re: Resolution No. 03R-1566, adopting the Rosemary District Neighborhood Action Strategy for the neighborhood known as Rosemary District; setting forth findings; authorizing the implementation of the Rosemary District Neighborhood Action Strategy; etc (Title Only). 5. Adoption Re: Resolution No. 03R-1567, authorizing the City Manager or his designated representative to apply for and accept a Highway Beautification Grant and to enter into a Highway Beautification Council Grant, Landscape Construction, and Maintenance Memorandum of agreement with the Florida Department of Transportation. 6. Adoption Re: Second reading of proposed Ordinance No. 02-4413 to rezone +1.1 acres located at 3293 and 3305 Fruitville Road from the Residential Multiple Family 2 (RMF-2) Zone District to the Office Community District (OCD) Zone District; said property being generally located on the north side of Fruitville Road approximately 700 feet east of Lockwood Ridge Road; approving Site Plan 02-SP-47 depicting three one-story office buildings proposed to be constructed upon the rezoned property; providing for conditions of this rezoning; etc. (Title Only) (Applicant Joel Freedman, AICP, as agent representing Todaro Umberto, as owner, and MPL Properties, Inc., as contract vendee). BOOK 53 Page 24472 12/16/02 2:30 P.M. BOOK 53 Page 24473 12/16/02 2:30 P.M. 7. Adoption Re: Second reading of proposed Ordinance No. 03-4425, to amend Ordinance No. 96-3929 by the substitution of Site Plan 02-SP-36 for previously approved Site Plan 96-PSD-D; Rezone Ordinance No. 96- 3929 conditionally rezoned property located at 3470 Fruitville Road to the Multiple Family Residential 4 (RMF-4) Zone District; said amendment would enable the conversion of the existing uncompleted assisted living facility to an approximate 110 room hotel/motel within renovated existing structures in accordance with the Zoning Code (1998 ed.); amending the conditions of the previously approved Rezone Ordinance No. 96-3929; said property is generally located south of Fruitville Road, west of the intersection of Fruitville Road and Beneva Road; substituted Site Plan 02-SP-36 is required to be constructed in accordance with approved Variance 02-48 and Major Conditional Use Application No. 02-CU-12; providing for conditions; repealing ordinances in conflict; etc. (Title Only) (Applications Nos. 02-CU-12, 02-SP-36, and 02-ROA-05, Applicant Herman Weinberg, of HEDJ Engineering, Inc., Steve Mayhew of Homes and Dreams Realty, Inc., and Daniel Lobeck, Esquire, as agents representing Merca Real Estate, LLC, as owner) City Auditor and Clerk Robinson read proposed Resolution Nos. 03R-1559, and 03R-1562 in their entirety and proposed Resolution Nos. 03R-1558, 03R-1566, 03R-4432 and proposed Ordinance Nos. 02-4413 and 03-4425 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 7, inclusive. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 8. BOARD APPOINTMENTS RE: : NON-DISCRIMINATION AD HOC COMMITTEE - APPOINTED REBEÇCA EGER TO REPRESENT THE CATEGORY OF AGE, L ROBERT BRACHLE TO REPRESENT THE CATEGORY OF DISABILITY L MANUEL CHEPOTE TO REPRESENT THE CATEGORY OF NATIONAL ORIGIN, MIGDALIA APONTE TO REPRESENT THE CATEGORY OF RACE, - RABBI JOEL MISHKIN TO REPRESENT THE CATEGORY OF RELIGION, REVEREND JIM MERRITT TO REPRESENT THE CATEGORY OF SEXUAL ORIENTATION, HENRY BLYDEN TO REPRESENT THE CATEGORY OF VETERAN '; S STATUS, TRISH MCCONNELL TO REPRESENT THE CATEGORY OF EMPLOYMENT, JOHN SCHAUB, III, TO REPRESENT THE CATEGORY OF HOUSING, AND VIRGINIA HALEY TO REPRESENT THE CATEGORY OF PUBLIC ACCOMMODATIONS (AGENDA ITEM V-1) CD 3:30 through 3:56 City Auditor and Clerk Robinson stated that the Commission approved creating a ten-member Ad Hoc Committee to make recommendations concerning implementation of a provision in the Sarasota City Charter regarding non-discrimination which was recently approved by the voters; that several applicants are eligible for more than one seat; that the seat categories are: age, disability, national origin, race, religion, sexual orientation, veteran's status, employment, housing, and public accommodation; and referred to a chart distributed prior to the meeting indicating the applicants and the categories for which application was made as some applicants applied to represent more than one category and also referred to the applications of persons interested in appointment to the Ad Hoc Committee included in the Agenda backup material. Commissioner Quillin stated that the preference would have been to receive the applications the week before to provide adequate time to review the applications as excellent people applied; that the chart does not indicate the City district if a City resident or, if not, if a County resident, which is not a concern except to try to maintain a balance of representation of City districts on the Ad Hoc Committee; that the efforts of everyone in soliciting applications is appreciated; that talented people interested in serving applied; that some applicants should be appointed as alternates to the members appointed; and asked a recommendation to proceed. City Auditor and Clerk Robinson stated that nominations could be made by category represented. Mayor Mason stated that hearing no objections, nominations to the Ad Hoc Committee will be made by category represented. Commissioner Martin stated that making appointments to the Ad Hoc Committee is difficult due to the excellent qualifications of the many people applying; that the mandate of the Ad Hoc Committee has not been established and should be discussed by the Commission at some time; that a question is if the Ad Hoc Committee should review the policies and procedures of other communities or utilize the draft ordinance previously presented BOOK 53 Page 24474 12/16/02 2:30 P.M. BOOK 53 Page 24475 12/16/02 2:30 P.M. by the Sarasota Equality Project; that another question is if the Ad Hoc Committee should review Federal and State laws and compliance issues; that the Ad Hoc Committee should be directed as to the Commission's charge. City Attorney Taylor stated that the members could be appointed to the Ad Hoc Committee; that the City Attorney's Office will develop an organizing resolution establishing the representative capacities of the members and the goals and purpose of the Ad Hoc Committee; that the Ad Hoc Committee is not a substitute for the legal work required; that the expertise and input of the Ad Hoc Committee is necessaryi however, the Ad Hoc Committee is not in charge of producing an ordinance regardless of the advice of the City Attorney's Office; that the City Attorney's Office will prepare a resolution formalizing the goals and purpose after appointment of the members of the Ad Hoc Committee if agreeable to the Commission. Vice Mayor Palmer stated that the understanding was the draft ordinance presented by the Sarasota Equality Project would be utilized as a basis to begin the deliberations; that the Ad Hoc Committee in coordination with the City Attorney's Office would consider the legal ramifications and implications; that the direction of the Ad Hoc Committee is not a personal question; that the number of applicants as well as the level of expertise is pleasing; that the meetings of the Ad Hoc Committee will be open to the public and advertised; that all applicants cannot be appointed; that any applicants not appointed can and are encouraged to attend and participate in the meetings of the Ad Hoc Committee; that a broad-based Ad Hoc Committee should be appointed which is the reason for having established the categories represented; that the Commission has done an excellent job as the applications are of extraordinary quality. Commissioner Quillin nominated Rebecca Eger to represent the category of age and stated that Ms. Eger can provide representation of many categories, has been very active in the community, and would be an excellent member of the Ad Hoc Committee. Commissioner Martin nominated Edward Freeman to represent the category of age and stated that a roundtable discussion of Riverview High School students was recently attended; that age discrimination in the community is often against younger people rather than older people; that identifying members based on a constituency is a concerni that ideal applicants are individuals who cross the boundaries of the categories; that the applicants have been considered based upon representing a number of different categories. Mayor Mason nominated Beverly Alter to represent the category of age and stated that Ms. Alter is not personally known; that the choice was difficult; and called for the vote on the nominations. Rebecca Eger received 3 votes: Palmer, Quillin, and Servian. Mayor Mason announced the appointment of Rebecca Eger to represent the category of age on the Ad Hoc Committee. Commissioner Servian nominated Robert Brachle to represent the category of disability and stated that Mr. Brachle is personally known through mutual work on the Police Volunteer Program, is very dedicated, and is capable of representing the category of disability well. Commissioner Martin nominated Pamela Dorwarth to represent the category of disability and stated that the breadth of Ms. Dorwarth's experience at the State and Federal level is excellent; that Ms. Dorwarth has a good understanding of the issues at the State and Federal level and has extraordinary experience and dedication. Commissioner Quillin stated that the nomination of Ms. Dorwarth is supported; that the choice is difficult which is a reason for suggesting alternates; that Ms. Dorwarth serves on two State boards, the Florida Building Codes Accessibility Council and the Florida Transportation Disadvantaged Commission which address issues concerning the disabled; that Mr. Brachle has an excellent background as well; that an alternate could be appointed to attend meetings if Ms. Dorwarth is out of town; that the category of disability encompasses a large area. Commissioner Servian stated that committing time to another committee may be difficult for Ms. Dorwarth. Mayor Mason stated that Mr. Brachle is her selection for appointment. BOOK 53 Page 24476 12/16/02 2:30 P.M. BOOK 53 Page 24477 12/16/02 2:30 P.M. Vice Mayor Palmer stated that Ms. Dorwarth is extraordinary; however, a concern is the number of other committees on which Ms. Dorwarth serves; that Ms. Dorwarth will certainly be of assistance concerning the Charter provisions; that Mr. Brachle will not have the problem concerning conflicting commitments. Commissioner Quillin stated that Ms. Dorwarth could be appointed as an alternate. Vice Mayor Palmer stated that appointing alternates has not been decided; that Ms. Dorwarth could be requested to attend the meetings and provide input; that both Ms. Dorwarth and Mr. Brachle are ideal candidates. Commissioner Quillin stated that Robert Mann who is with the Suncoast Center for Independent Living (SCIL) is also an excellent candidate; that excellent candidates have made application. Mayor Mason called for the vote on the nominations. Robert Brachle received 3 votes: Mason, Palmer, and Servian. Mayor Mason announced the appointment of Robert Brachle to represent the category of disability on the Ad Hoc Committee. Commissioner Quillin nominated Manuel Chepote to represent the category of national origin and stated that the applications of City residents are always supported above non-City residents; that excellent people made application to represent the category of national origin. Commissioner Martin nominated Shane Munoz to represent the category of national origin and stated that Mr. Munoz has remarkable experience as an attorney working with labor relations and employment issues, which will be helpful to the Ad Hoc Committee, and is extraordinarily qualified. Mayor Mason stated that the appointment of Mr. Munoz is supported and called for the vote on the nominations. Manuel Chepote received 3 votes: Palmer, Quillin, and Servian. Commissioner Quillin stated that the hope is Mr. Munoz will be involved with the Ad Hoc Committee due to the breadth of his experience. Mayor Mason announced the appointment of Manuel Chepote to represent the category of national origin on the Ad Hoc Committee. Commissioner Servian nominated Edward Freeman to represent the category of race. Vice Mayor Palmer nominated Henry Blyden to represent the category of race. Commissioner Martin nominated Migdalia Aponte to represent the category of race. Commissioner Quillin nominated April Sheffield to represent the category of race. Mayor Mason stated that the application of Migdalia Aponte is supported as, until recently, no representatives of the Hispanic/Latino community have been represented on any City advisory board; that the other candidates are excellent. Commissioner Martin stated that Ms. Aponte has been active with the Hispanic/Latino Coalition and is therefore in touch with the Hispanic/Latino community and the issues presented. Mayor Mason stated that Ms. Aponte has been known for several years and has a unique ability to work anywhere with anyone in the community. Vice Mayor Palmer stated that Mr. Blyden works with Drug Free Communities, is involved with SOAR (Sarasota Openly Addresses Racism), does work with issues involving discrimination Citywide and Countywide, and has an extraordinary background. Mayor Mason stated that Ms. Aponte also works with SOAR. Commissioner Quillin stated that few Hispanics/latinos serve on City advisory boards; that the selection is difficult; that an individual involved in the African/American community should be represented on the Ad Hoc Committee; that Ms. Sheffield is involved with the children in the community and brings more than representation for the category of race and employment, which BOOK 53 Page 24478 12/16/02 2:30 P.M. BOOK 53 Page 24479 12/16/02 2:30 P.M. was indicated on the application; that Ms. Sheffield's background and experience Cross many spectrums due to her involvement with families and issues concerning housing as well as employment and public accommodations; that assuring a balance on the Ad Hoc Committee is difficult. Mayor Mason stated that all the candidates have a good breadth of experience which makes the selection difficult; and called for the vote on the nominations. Commissioner Servian withdrew the nomination of Edward Freeman. Henry Blyden received 1 vote: Palmer. Migdalia Aponte received 3 votes: Martin, Mason, and Servian. Mayor Mason announced the appointment of Migdalia Aponte to represent the category of race on the Ad Hoc Committee. Vice Mayor Palmer nominated Rabbi Joel Mishkin to represent the category of religion and stated that having the Jewish community, as a minority community, represented is important. Commissioner Servian nominated Reverend Jim Merritt and stated that Reverend Merritt crosses several spectrums; that having representation from the Christian community would be helpful. Mayor Mason stated that the appointment of Rabbi Mishkin is supported. Commissioner Quillin stated that the appointment of Rabbi Mishkin is supported. Commissioner Servian stated that the appointment of Rabbi Mishkin is acceptable. Mayor Mason called for the vote on the nominations. Rabbi Joel Mishkin received 5 votes: Martin, Mason, Palmer, Quillin, and Servian. Mayor Mason announced the appointment of Rabbi Joel Mishkin to represent the category of religion on the Ad Hoc Committee. Commissioner Servian nominated Reverend Jim Merritt to represent the category of sexual orientation and stated that Reverend Merritt was instrumental in bringing the issue of non- discrimination to the Commission through the Charter Review Board and has devoted attention to educating the public concerning the issue of mon-discrimination. Vice Mayor Palmer agreed but stated that Michael Shelton was also instrumental in bringing the issue to the Commission's attention and nominated Michael Shelton to represent the category of sexual orientation. Commissioner Quillin stated that the selection is difficult; that Reverend Merritt crosses many spectrums, could have indicated more categories on the application, and deals with troubled youth. Commissioner Servian stated that Reverend Merritt also deals with employment and housing. Mayor Mason stated that the appointment of Reverend Merritt is supported. Commissioner Martin stated that the appointment of Mr. Shelton is supported due to his previous work concerning the Charter provision regarding non-discrimination and his legal experience. Mayor Mason called for the vote on the nominations. Reverend Jim Merritt received 3 votes: Mason, Quillin, and Servian. Mayor Mason announced the appointment of Reverend Jim Merritt to represent the category of sexual orientation on the Ad Hoc Committee. Commissioner Martin nominated Henry Blyden to represent the category of veteran's status. Commissioner Quillin nominated Dr. Richard Swier to represent the category of veteran's status. Mayor Mason called for the vote on the nominations. Henry Blyden received 4 votes: Martin, Mason, Palmer, and Servian. BOOK 53 Page 24480 12/16/02 2:30 P.M. BOOK 53 Page 24481 12/16/02 2:30 P.M. Mayor Mason announced the appointment of Henry Blyden to the category of veteran's status on the Ad Hoc Committee. Vice Mayor Palmer nominated Trish McConnell to represent the category of employment and stated that Ms. McConnell is the Director of Human Resources for the Sarasota Herald-Tribune, which is one of the largest private-sector employers in the City, and brings significant experience from the private sector into the discussion. Commissioner Quillin agreed. Vice Mayor Palmer stated that Tommy Meyer, as a attorney with significant labor relations experience, is also an excellent candidate; that the hope is Mr. Meyer will participate. Commissioner Quillin stated that Mr. Meyer is considered an excellent candidate also. Mayor Mason stated that the appointment of Ms. McConnell is supported. Vice Mayor Palmer stated that Ms. McConnell is an extraordinary candidate due to her Human Resources experience. Commissioner Martin stated that Mr. Meyer is a City resident; that Ms. McConnell seemed to indicate concerns regarding the time commitment, which was not true of Mr. Meyer; that Mr. Meyer is a member of the Florida Bar Association; and nominated Tommy Meyer to represent the category of employment. Commissioner Quillin stated that serving on the Ad Hoc Committee represents a significant commitment; that the issues discussed will be intense; that Ms. McConnell may not be able to make the time commi tment due to the work at the Sarasota Herald-Tribune; that having alternates who could attend meetings if the primary member cannot attend would be nice. Mayor Mason called for the vote on the nominations. Trish McConnell received 3 votes: Mason, Palmer, and Servian. Mayor Mason announced the appointment of Trish McConnell to represent the category of employment on the Ad Hoc Committee. Mayor Mason stated that the only applicant to represent the category of housing is John Schaub, III; and hearing no other nominations, announced the appointment of John Schaub, III, to represent the category of housing on the Ad Hoc Committee. Mayor Mason stated that the only applicant to represent the category of public accommodations is Virginia Haley; and hearing no other nominations, announced the appointment of Virginia Haley to represent the category of public accommodations on Ad Hoc Committee. Commissioner Servian stated that the chart provided by the City Auditor and Clerk is appreciated. City Attorney Taylor asked if a resolution should be returned for the Commission's approval? Mayor Mason stated yes. City Attorney Taylor asked the timeframe anticipated? Commissioner Quillin stated that the Ad Hoc Committee should be created as soon as possible. City Attorney Taylor asked if a timeframe for sunsetting the Ad Hoc Committee should be established. City Auditor and Clerk Robinson stated that the Commission originally indicated the work should be completed by April 2003. Vice Mayor Palmer stated that the Ad Hoc Committee should complete the work prior to finalization of the Administration's budget proposal to the Commission; that the work should be completed by March 2003 or April 2003 at the latest. Commissioner Servian agreed. Vice Mayor Palmer stated that any financial implications should be considered for the fiscal year (FY) 2003/04 budget. City Manager McNees stated that recommendations should be prepared by the end of April 2003 or the middle of May 2003 for consideration in the FY 2003/04 budget; that Finance Staff would BOOK 53 Page 24482 12/16/02 2:30 P.M. BOOK 53 Page 24483 12/16/02 2:30 P.M. prefer the middle to end of April 2003; that May 1, 2003, could be established as the deadline. Commissioner Quillin stated that a report could be provided at the May 5, 2003, Regular Commission meeting. Vice Mayor Palmer stated that the final report could be provided at the May 5, 2003, Regular Commission meeting; however, the Commission indicated a joint workshop should be held with the Ad Hoc Committee in January 2003 after formation to discuss ideas. Commissioner Quillin stated that a final report is not sought but rather recommendations for funding; that a report could be prepared after the funding is approved; that the Ad Hoc Committee could recommend, for example, phasing in different programs over a period of years; that the recommendation for first-year funding should be presented at the May 5, 2003, Regular Commission meeting; that the Ad Hoc Committee could be meeting for a year to consider all the issues presented; that phasing over a period of time will likely be required. Mayor Mason asked if the City Attorney has all the required information? City Attorney Taylor stated yes. 9. BOARD APPOINTMENTS RE : PUBLIC ART COMMITTEE - REAPPOINTED JAMES BOWEN AND APPOINTED VIRGINIA HOFFMAN (AGENDA ITEM V-2) CD 3:56 through 4:02 City Auditor and Clerk Robinson stated that Pamela Sumner has resigned from her seat on the Public Art Committee; that the seat is designated for a member of a local arts organization; that the term of James Bowen has expired; that Mr. Bowen is eligible for and expressed an interest in reappointment. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to reappoint James Bowen. Commissioner Quillin stated that Mr. Bowen was just appointed. City Auditor and Clerk Robinson stated that is correct; that Mr. Bowen was appointed on September 3, 2002, to fill an unexpired term. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mayor Mason called for nominations for the seat designated for a member of a local arts organization. Commissioner Servian nominated Virginia Hoffman. Commissioner Martin nominated Ann Albritton. Commissioner Martin stated that Ms. Hoffman is known personally, is supported, is an active member of the community, and her heart is in the right place; that Ms. Albritton's background and experience as a Professor at the Ringling School of Art and Design is engaging and provides a necessary linkage to institutions in the community which has been personally promoted on other advisory boards; that a major concern with the Public Art Committee over the years has been the potential for a conflict of interest, which has been an issue for the Commission in the past; that a conflict can be created by the award of a commission to a member of the Public Art Committee, which has caused Eriction in the past; that Ms. Albritton would be separated from any similar potential conflict; that Ms. Albritton also has feminist credentials, which would be valuable, and has a good overview of art and art history and sculpture as demonstrated by her reviews for Sculpture Magazine; that applications have been received from more qualified applicants than seats are available; that creating additional seats on the Public Art Committee may be desirable. Mayor Mason stated that one concern is the Public Art Committee already has a representative from the Ringling School of Art and Design; that appointment of a second representative may create an imbalance; that Ms. Albritton's credentials are impressive and not disputed. Commissioner Quillin stated that Ms. Hoffman has worked with builders and architects, has also worked for the City including a project at the Bayfront, and lives in District 3; that an interest is always in achieving balanced representation on City advisory boards; that having too many non-City residents on an advisory board is a concern; that Ms. Albritton has excellent credentials; however, equal representation from all City districts is desired. Commissioner Martin withdrew the nomination for Ann Albritton. BOOK 53 Page 24484 12/16/02 2:30 P.M. BOOK 53 Page 24485 12/16/02 2:30 P.M. Vice Mayor Palmer stated that the four applicants are extraordinarily competent and capable; that the hope is none of the applicants will withdraw applications sO the applications can be considered for the next opening. Mayor Mason called for the vote on the nominations. Virginia Hoffman received 5 votes: Martin, Mason, Palmer, Quillin, and Servian. Mayor Mason announced the appointment of Virginia Hoffman to the Public Art Committee. 10. UNFINISHED BUSINESS: APPROVAL RE: : AMENDMENT NO. 2 TO THE FIRE AND EMERGENCY SERVICES INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA COUNTY - CONTINUED DISCUSSION TO ITEM 20 AT THE EVENING SESSION (AGENDA ITEM VI-1) CD 4:02 through 4:32 City Manager McNees stated that at its December 2, 2002, meeting, the Sarasota Board of County Commissioners (BCC) adopted County Resolution No. 2002-323, which provided formal notice of the County's termination of the Interlocal Agreement between the City and County regarding Fire and Emergency Medical Services; however, termination will not be effective if the City approves proposed Amendment No. 2 to the Interlocal Agreement no later than December 16, 2002; that proposed Amendment No. 2 provides for the City to initiate certain changes to the Pension Plan including funding mechanisms and an agreement for the City to conduct a public hearing to consider the adoption of an ordinance to establish a Municipal Services Taxing Unit (MSTU) to fund emer rgency medical services (EMS) within the urisdictional limits of the City. City Manager McNees continued that the issues surrounding proposed Amendment No. 2 are simple and primarily involve the Pension Fund from which retirement benefits are paid to retired City firefighters and active County firefighters who worked for the City prior to consolidation; that the required contributions to the Pension Fund have increased considerably since consolidation; that the Pension Plan was fully funded at the time of consolidation of the City's and County's Fire Departments; therefore, additional payments to the Pension Fund were not necessaryi that the details of the Pension Plan are at issue; that the City must consider the constraints of State and Federal law, the provisions of the Sarasota City Code (1986 as amended), and the Interlocal Agreement which governs the consolidated fire and EMS services into which the City and the County entered in 1996; that a City Fire Department will be reconstituted as a City service or a contracted service if County Resolution No. 2002-323 becomes effective or the City will renegotiate the Interlocal Agreement by approving proposed Amendment No. 2 to continue a consolidated service; that the termination of the Interlocal Agreement will not take effect if the City approves proposed Amendment No. 2. City Manager McNees further stated that an additional February 11, 2003, deadline is established providing the County another opportunity to give the City notice of deconsolidation if the City approves but does not comply with proposed Amendment No. 2; that a thorough analysis of the implications of proposed Amendment No. 2 has been provided to the Commission; that Staff is recommending approval of proposed Amendment No. 2 with revisions as presented as a counteroffer; that the Administration has held discussions with County Staff and County Commissioners who indicated a willingness to consider revisions to proposed Amendment No. 2 if the City takes action by the December 16, 2002, deadline. City Manager McNees stated further that the Administration recommends not approving certain provisions of proposed Amendment No. 2; that proposed Amendment No. 2 includes a provision whereby the County can notify the City of deconsolidation again by February 11, 2003, if the City does not take the actions indicated in proposed Amendment No. 2; that the provision allows the County leverage over the City after the City has made concessions; that the City would be in a position of being forced into further concessions which is not fair; that reconstituting a City Fire Department is more costly than the recommendations included in proposed Amendment No. 2; that reconstituting a City Fire Department is not purely a financial decision but is a policy decision requiring significantly more discussion; that time remains for discussion; that an assumption is the level of service for City residents would remain the same regardless of the service provider. City Manager McNees stated further that the Administration recommends the Commission not grant the further February 11, BOOK 53 Page 24486 12/16/02 2:30 P.M. BOOK 53 Page 24487 12/16/02 2:30 P.M. 2003, deadline but rather consider December 2, 2002, as the final deadline which is the date the County adopted Resolution No. 2002-323; that proposed Amendment No. 2, if accepted by the City, should not provide another opportunity for the County to notify the City of deconsolidation for fiscal year (FY) 2002/03; that the Administration is recommending specifying the City's financial contribution to the Fire Pension Fund; that the recommendation is a maximum additional contribution of $500,000; that the City would negotiate the amount if the County's estimated annual contribution to the Pension Fund of $2.2 million is exceeded; that the current Interlocal Agreement indicates the County is obligated to make the payments to the Pension Fund. Commissioner Martin asked if the financial contribution of up to $500,000 is an obligation only if the cost exceeds the County's annual contribution of $1.7 million? City Manager McNees stated that the obligation of $500,000 is the City's financial contribution if the County's annual contribution of $2.2 million is exceeded; however, the number the County identifies as an annual payment of $2.2 million is based upon assumptions which are not consistent with the assumptions of the City's actuary for the Pension Plan; that the County's calculation will be verified with the City's actuary. Commissioner Martin stated that the computation is a concerni that the City would pay nothing if the County's total contribution is $1.7 million. City Manager McNees stated that is correct. Commissioner Quillin stated that a calculation justifying the $500,000 financial contribution has not been provided; that the issue concerns 68 former City firefighters who now work for the County; that making a commitment of $500,000 with which future Commissions will have to live without justification is a concern; that personal calculations reveal the financial contribution should be $300,000. City Manager McNees stated that $500,000 is an arbitrary number; that $500,000 is the amount the County has indicated will be acceptable as the City's financial contribution to avoid forced deconsolidation; that the Commission may be of the opinion $500,000 is not acceptable as a financial contribution; that the County's request is $500,000 plus additional costs if the total annual contribution exceeds $2.2 million. Commissioner Martin stated that $500,000 is a maximum amount; that the exact amount would have to be calculated and proven. City Manager McNees stated that the issue is the split of the total annual payment to the Pension Fund; that the County has indicated $1.7 million is acceptable and advises the $1.7 million calculation is somehow derived from the current contribution to the Florida Retirement System (FRS) for the other County firefighters; that the figure of $1.7 million which is 52 percent of payroll initially appeared arbitrary; that a recommendation is to index the amount the County will contribute to the FRS; that further, the County should pay half the additional amount if at any point the FRS County's contribution exceeds the amount contributed for the former City firefighters as the County's objective is to bring the contributions in line; that the County should not expect to reap the benefit if the required contribution is lower but expect the City to pay if the required contribution is higher, which is not fair; that the Commission should indicate a different amount if not comfortable with the proposed contribution of $500,000. Commissioner Quillin stated that $500,000 is a contribution to the Pension Fund on behalf of the active former City firefighters; that the contribution to the City's retired firefighters' pension is another issue which is the City's responsibility; that a calculation justifying the $500,000 financial contribution for 68 former City firefighters has not been provided; that supporting an arbitrary or capricious amount is difficult; that the calculation for the City's financial contribution should be made clear to the Commission; that the County is arbitrarily indicating no more than $1.7 million will be committed; that the former City firefighters are now employees of Sarasota County; that the firefighters hired initially by the City and subsequently transferred to the County should not be considered differently; that the County is not serving County residents by providing an arbitrary amount; that a definitive calculation is requested; that City Pension Staff should explain the calculation; that the amount the County will provide is arbitrary. City Manager McNees referred to a November 20, 2002, letter from David Bullock, Deputy County Administrator, included in the Agenda backup material concerning the calculation, and stated that the Administration requested the logic for the calculation; that the BOOK 53 Page 24488 12/16/02 2:30 P.M. BOOK 53 Page 24489 12/16/02 2:30 P.M. County responded that the County pays 23.66 percent of payroll for FRS employees; that 23.66 percent is multiplied by the total wages of $3,274,740, which is $774,803.48; that the maximum the County is willing to contribute is $1.7 million which is 52 percent of total wages; that the letter provides no additional rationale or documentation. Commissioner Quillin asked if the County will provide more information? City Manager McNees stated that the letter provides the County's final answer to the question. Commissioner Servian stated that the arbitrary number of $500,000 is a concern; that the County provided information the number is arbitrary and has indicated a willingness to negotiate the number to a lesser amount; that the number should be decreased to a more reasonable amount of $300,000 to $350,000. Vice Mayor Palmer stated that making a determination of $500,000 without documentation is difficult; however, beneiits were increased by the County with the City's approval; that the increases have had significant impact on the benefits of retirees as well as the cost to the Pension Plan; that the Pension Plan was fully funded at the time of consolidation; that the situation is different at the present time; that the City is responsible for ensuring the retired City firefighters' pensions are appropriately funded; however, the former City firefighters who are still active are now the County's responsibillty, that the County did not make any contribution to the Pension Fund for the first several years; that the cost increases are estimated at $2.9 million if the County decides to fund the payments over a 12-year timeframe which will possibly become a 20-year timeframe; that extending the payment timeframe yields lower annual payments; that some former City firefighters now retired will not be around in 20 years; that the responsibility of the City to care for former City firefighters will be reduced significantly which raises a concern for a fixed contribution of $500,000; that the actuarial calculation for the retired City firefighters over a 12- and 20-year timeframe should be provided; that the issue is complicated; that making decisions and determinations in an afternoon with no opportunity to discuss the issue is difficult; that the situation is unfortunate. Commissioner Quillin agreed and stated that the discussion should be tabled to a special meeting or be discussed during the evening session; that a memorandum was prepared at the time of consolidation indicating the required contribution of City taxpayers to the County for the consolidation; that the County is now requesting more moneyi that the Administration's recommendation may not be fiscally sound; that funding is generated by City taxpayersi that the County collects approximately $8 million from City residents for fire assessments; that the City's Fire Department had a much higher rating than the County's Fire Department at the time of consolidation which is the reason the County desired a consolidation; that the Administration should provide a detailed cost analysis of reinstituting a City Fire Department; that the County should assess vacant property in Sarasota County to lower fire costs for all County residents which includes City residents; that the County should proactively keep costs under control rather than place the responsibility on the City. City Attorney Taylor stated that County Resolution No. 2002-323 terminates the Interlocal Agreement at 11:59 p.m., September 30, 2003, unless the Commission accepts proposed Amendment No. 2 at the present time; that proposed Amendment No. 2 does not detail the $500,000 contribution but rather indicates the City must agree to advertise and conduct a public hearing on February 3, 2003, to consider the adoption of an ordinance consenting to the establishment of an MSTU by the County to provide EMS services within the jurisdictional limits of the City, which will keep the termination from becoming effective. City Attorney Taylor stated that the City is not required to agree to anything; however, not considering proposed Amendment No. 2 will result in a termination of the Interlocal Agreement; that the City should continue negotiations to resolve the issue; that the County is offering an opportunity to avoid the termination if the City agrees to hold a public hearing, which will provide additional time to obtain further information. Mayor Mason stated that holding a public hearing will provide an opportunity to obtain desired information and is supported. City Manager McNees quoted Paragraph 5, proposed Amendment No. 2, as follows: BOOK 53 Page 24490 12/16/02 2:30 P.M. BOOK 53 Page 24491 12/16/02 2:30 P.M. The extent of the anticipated City contributions is dependent upon the extent to which changes are made to the Fire Pension Code as more fully described in letters dated November 15 and 20, 2002 City Manager McNees continued that the letters dated November 15 and 20, 2002, from David Bullock, Deputy County Administrator, include the amounts of the proposed contribution; that the County was informed proposed Amendment No. 2 includes a weak link to the proposed contributions; that the County's intent is approval of proposed Amendment No. 2 will lock in the amounts indicated in the November 15 and 20, 2002, letters; that the Commission would be relying on the County's assurance of the willingness to continue bargaining in good faith if proposed Amendment No. 2 is approved as presented; that the County's willingness to bargain in good faith outside of the threat of deconsolidation cannot be guaranteed other than by approving proposed Amendment No. 2 as presented, support of which is not seen; that the Administration is not recommending supporting proposed Amendment No. 2 as presented. City Manager McNees further stated that Staff recommends removing the provision allowing for unilateral termination of the Interlocal Agreement by the County; that a deconsolidation should be a mutual rather than a unilateral decision; that proposed Amendment No. 2 includes adopting changes to the Pension Plan which would rollback the City's 1998 Pension Plan enhancements for former City firefighters currently employed by the County; that the 1998 Pension Plan enhancements are prescribed in Section 10, City Ordinance No. 98-4074. City Manager McNees referred to a Comparison of Plan Provisions Chart included in the Agenda backup material and stated that the chart compares the current and proposed Pension Plan for former City firefighters, FRS firefighters, and Sarasota Police Officers; that the decision is difficult; that the hope is the Chart will provide assistance. City Manager McNees continued that proposed Amendment No. 2 makes a vague and non-specific reference to other changes concerning retired former City firefighters; that the Administration recommends agreeing to open discussions with retired City firefighters; that the retired City firefighters should be included in discussions relating to the 1998 Pension Plan enhancements; that the City has made commitments to retired City firefighters. City Auditor and Clerk Robinson stated that the deadline of 4:30 p.m. for the afternoon session has been met; that further discussion will continue at the evening session as the first item under Unfinished Business. Mayor Mason stated that other members of the public have signed up to speak under Citizens' Input; however, due to the time limitations, the additional speakers are requested to speak under Agenda Item XI, Citizens' Input, scheduled for the evening session. The Commission recessed at 4:32 p.m. and reconvened at 6:00 p.m. 11. COMMISSION PRESENTATION RE: : 25 YEARS OF MEMBERSHIP AND PARTICIPATION WITH THE NATIONAL LEAGUE OF CITIES (AGENDA ITEM VIII-1) CD 6:00 through 6:33 Mayor Mason stated that the National League of Cities recognized the City for 25 years of membership and dedicated service in shaping and advocating national municipal policy and helping to strengthen and promote communities of all sizes and presented a plaque to City officials at the National League Cities Conference held the week of December 2, 2002, in Salt Lake City, Utah, which was attended by 5,000 representatives of cities, towns, and villages throughout the United States. 12. COMMISSION PRESENTATION RE: MAYOR'S CITATION RECOGNIZING BREAST HEALTH SARASOTA, INC., FOR ON-GOING WORK IN SUPPORT OF PROVIDING BREAST HEALTH EDUCATION AND FREE MAMMOGRAMS (AGENDA ITEM VIII-2) CD 6:33 through 6:40 Mayor Mason requested that the following people join her and the Commission at the Commission table: Dan Clarke, Executive Director, Suellen Kaeb, R.N., President, Susan Dean, Secretary, Breast Health of Sarasota, Inc., and Bobbie Gray, Director, and Kathryn Cantley, Lead R.N., Community Medical Clinic, Sarasota Memorial Hospital BOOK 53 Page 24492 12/16/02 2:30 P.M. BOOK 53 Page 24493 12/16/02 2:30 P.M. Mayor Mason read in its entirety the Mayor's Citation recognizing Breast Health Sarasota, Inc. and indicating that breast cancer is the most common cancer among women, excluding skin cancer, and is a devastating disease affecting victims, survivors, and families; that 70 percent of all women diagnosed with breast cancer have no identifiable risk factors; that an estimated 192,000 new cases of breast cancer were diagnosed in the United States in 2001; that an estimated 12,500 new cases will be diagnosed in the State of Florida which is the third highest incident rate in the United States behind only the states of California and New York; that breast health experts and the American Cancer Society agree all women 40 years old and over should get a screening mammogram and a mammogram every year thereafter; that a statistically greater number of women over the age of 50 in the Hispanic and Black community have never been screened as compared to women over the age of 50 in the Anglo population; that while the incidence of breast cancer rose by 1.4 percent from 1997 to 2000, deaths due to breast cancer declined by 3.8 percent primarily due to the increasing number of women getting mammograms and the resultant early detection of breast cancer; that October is designated as Breast Cancer Awareness Month and October 17, 2003, will be Mammography Day; that Breast Health Sarasota, Inc., is a non-profit organization founded in 1999 to raise funds to increase awareness and enhance breast cancer prevention in the community by offering a variety of programs from educational forums to free mammogramsi; and stated that Breast Health Sarasota, Inc., is recognized for ongoing work in support of providing breast health education and free mammograms particularly to segments of the community which may not otherwise be reached. Mayor Mason stated further that a family member died of breast cancer three years agoi that the difficulties experienced by all family members due to a loss from the disease is devastating; that the work of Breast Health of Sarasota, Inc., is deeply appreciated. Ms. Cantley stated that a new Clinic was recently opened in North Sarasota County which has been able to provide services to the Newtown population, thereby reaching many more women than originally anticipated. Mr. Clarke, on behalf of Breast Health Sarasota, presented a check in the amount of $5,000 to the Community Medical Clinic of Sarasota Memorial Hospital for the use of the Well-Woman Care Program at the Newtown Medical Clinic of Sarasota Memorial Hospital. Mr. Clarke stated that the information being reported from some of the Scandinavian countries with regard to self-examination and mammography is untrue; that self-examination and mammography are the best tools currently available; that the recognition by the Commission is appreciated. 13. COMMISSION PRESENTATION RE: : SARASOTA MOTHERS' AND INFANTS - DAY (AGENDA ITEM VIII-3) CD 6:40 through 6:44 Mayor Mason requested that David Beesley, President, First Step of Sarasota, Inc., and Lynn Ross, Member of the Board of Directors, First Step of Sarasota, Inc., join her and the Commission at the Commission table and read in its entirety the Proclamation declaring December 19, 2002, as Sarasota's Mothers' and Infants' Day and indicating that the First Step of Sarasota, Inc. (First Step), recently celebrated the 100th drug-free baby born for First Stepi that First Step has been serving the residents of Sarasota since 1968, providing affordable drug and alcohol rehabilitation and established the Mothers' and Infants' Program in 1995 for the purpose of providing pregnant women, who are addicted to drugs and/or alcohol, with a safe and supportive environment in which to recover from addiction and deliver healthy infants, learn parenting, decision-making, and life management skills as well as seek opportunities for career and/or education; that First Step has saved taxpayers approximately $25. million through the Mothers' and Infants' Program, compared to the cost of treating babies born with problems and illnesses associated with the mother's substance abuse during pregnancy; and presented the Proclamation. Mr. Beesley stated that the Staff of First Step is extremely dedicated; that appreciation is extended to the Commission on behalf of the Staff, the mothers who have gone through the program and, foremost, on behalf of the infants; and introduced Dillyn Andrews, the 100th baby born for First Step and Heather, Dylan's mother. 14. COMMISSION PRESENTATION RE: MAYOR'S CITATION RECOGNIZING JAMES DENIRO, POLICE OFFICE, 1 SARASOTA POLICE DEPARTMENT, AND RON LOCKE, SERGEANT, SARASOTA COUNTY SHERIFF'S DEPARTMENT, - FOR SERVICE ABOVE AND BEYOND THE CALL OF DUTY IN BOOK 53 Page 24494 12/16/02 2:30 P.M. BOOK 53 Page 24495 12/16/02 2:30 P.M. APPREHENDING A SUSPECT WANTED IN CONNECTION WITH THREE BANK ROBBERIES IN THE PAST MONTH (AGENDA ITEM VIII-4) CD 6:44 through 6:51 Mayor Mason requested that Peter Abbott, Chief of Police, and James DeNiro, Police Officer, Sarasota Police Department (SPD), and Ron Locke, Sergeant, Sarasota County Sheriff's Department, join her and the Commission at the Commission table. Mayor Mason read in its entirety the Mayor's Citation indicating that Police Officer DeNiro was off-duty on his day off eating at a local restaurant when he recognized a suspect in three bank robberies in the past month and took the initiative not just to call 911 but also to follow the suspect at a safe distance until Sheriff's Deputies arrived at the location; that Sheriff's Deputies of Sarasota County joined by Police Officer DeNiro took up pursuit while the suspect tried to evade arrest by running through backyards and around houses, finally jumping into Phillippi Creek; that Sheriff's Sergeant Locke chased the suspect into the Creek and with the assistance of other Sheriff's Deputies and Police Officer DeNiro subdued the suspect and placed him in custody; that the vigilance of law enforcement officers both on and off duty is the primary deterrent in the fight against crime; and presented a Mayor's Citation to Police Officer DeNiro and Sheriff's Sergeant Locke. Police Chief Abbott stated that the level of commitment of both law enforcement officers is commended and read a dedication from the SPD for Police Officer DeNiro. Police Officer DeNiro stated that the recognition is appreciated; expressed gratitude to the Commission and Chief Abbott; and recognized his wife and children, present in the audience. Sheriff's Sergeant Locke thanked the Commission, Police Chief Abbott and the other officers from the Sarasota Sheriff's Department and SPD for their assistance in apprehending the suspect. 15. SCHEDULED PRESENTATION RE: : SISTER CITIES INTERNATIONAL DELEGATION VISIT (AGENDA ITEM IX-1) CD 6:51 through 7:10 Linda Rosenbluth, President of the Sarasota Sister Cities Association (Sister Cities), came before the Commission and stated that the Sister Cities International Delegation visited the City in October 2002; that the long-term effects of a single event or series of events on a major, diverse community such as Sarasota is difficult to forecast; that the recent visit by delegates from Sarasota Sister Cities was an enormous success. Ms. Rosenbluth continued that the first and obvious consequence of the visit was to enérgize some of the most significant groups in the community such as the City and County Commissions and the Sister Cities itseli; that groups have committed themselves and their resources to fulfilling the dream of former President Dwight Eisenhower who envisioned individual Americans interacting on a one-to-one basis with citizens from countries around the globe; that the belief is personal relationships will lesson the chance of cultural world conflict; that the second consequence of the visit was to unite Sarasota's five Sister Cities; that witnessing the dream of personal bonding between representatives of Sister Cities become a reality and the former President Eisenhower's goal and mandate repeated during the series of events was the opportunity of a lifetime; that the recent meetings may not be the basis for lasting world peace; however important seeds have been sown; that the stage has been set for meaningful foreign exchanges in the future. Ms. Rosenbluth further stated the Sister Cities' decision to send governmental heads, not merely social leaders, made a significant impression on Sarasota; that the meetings were substantive; that "inter-municipal" associations have been forged; that people with influence and power have witnessed the value of Sister Cities' efforts and have returned to their home cities with an increased understanding between communities; that the delegates were impressed with Sarasota just as Sarasotans were impressed with the delegates; that the City Commission dedicated a significant part of two full days to become acquainted with all the Sister Cities' visitors; that similarly, significant time was allocated by two members of the County Commission; that the visible commitment by community leaders did not go unnoticed or unappreciated by the visitors. Ms. Rosenbluth stated further that the most important consequence of the visit was to the Sister Cities itself; that the Sister Cities organization has established the following goals to achieve on an annual basis: BOOK 53 Page 24496 12/16/02 2:30 P.M. BOOK 53 Page 24497 12/16/02 2:30 P.M. Arrange for active exchanges with each Sister City semi-annually, not necessarily people visits but project visits between Sister Cities; Establish firm budgetary guidelines, policies, and procedures to facilitate conservative yet productive expensing of annual funds granted to the Sister Cities by the City; - Review mid- and long-range goals regularly to establish a strategic planning process; and - Review funding in an effort to pursue additional and/or alternative sources, including but not limited to increasing membership and grants to underwrite expended projects in the future. Ms. Rosenbluth further stated that the welcoming reception on the LeBarge touring Sarasota Bay introduced Sister City members to the Caledonian Association, co-host of the event, and to international delegates as a welcome to Sarasota; that concert tickets for the international delegates were donated by the Sarasota Jazz Club and the delegates were able to spend an evening listening to genuine New Orleans jazz; that additional tickets were sold to non-delegates which underwrote the event; that as a result of the success of the project, a surplus balance is available for division between the Sarasota Sister Cities Association and the Caledonian Association. Mayor Mason requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 03-4420, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 3, POLICE; AMENDING SECTION 24-76, CREDITED SERVICE FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; ; AMENDING SECTION 24-77, PRIOR POLICE SERVICE; AMENDING SECTION 24-81, SPECIAL PROVISIONS AND LIMITATIONS FEDERAL; AMENDING SECTION 24-83, MISCELLANEOUS PROVISIONS; AMENDING SECTION 24-90, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM X-A-1) CD 6:40 through 6:44 Benita Saldutti, Pension Plans Administrator, came before the Commission and stated that she is present on behalf of the Police Officers' Pension Board of Trustees; that proposed Ordinance No. 03-4420 amends the Police Officers' Pension Plan (Pension Plan) to: Allow a member to purchase time served as a police officer for any other municipal, county or state law enforcement agency or prior military service not to exceed five years at a cost of the actuarial value of the time sO no cost or liability will result to the fund; Accept rollovers of eligible pension accounts for the purpose of purchasing military or prior police service; Update the Pension Plan pursuant to changes in Section 415, limitations and eligible rollover provisions of the [Internal Revenue Service (IRS) Code]; and Provide for compliance with Chapter 185, Florida Statutes, to ensure the Pension Plan will continue to qualify for funding under Section 185.08, Florida Statutes, if a change to the provision is effective before the Pension Plan can be amended. Mayor Mason and Commissioner Servian left the Chambers at 6:41 p.m. BOOK 53 Page 24498 12/16/02 2:30 P.M. BOOK 53 Page 24499 12/16/02 2:30 P.M. Mayor Mason returned to the Chambers at 6:42 p.m. Ms. Saldutti referred to the October 25, 2002, letter from Gabriel, Roeder, Smith and Company (GRS), Consultants and Actuaries, to the Pension Plans Administrator included in the Agenda backup material and stated that the letter indicates proposed Ordinance No. 03-4420 will not have an actuarial impact on the Pension Plan. Commissioner Servian returned to the Chambers at 6:44 p.m. Ms. Saldutti stated that the Southwest Florida Police Benevolent Association, Inc. (PBA), has waived the right to bargain concerning the proposed Ordinance; that the Police Officers' Pension Board of Trustees and Staff recommend passing proposed Ordinance No. 03-4420 on first reading. Mayor Mason opened the public hearing. There was no one signed up to speak; and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4420 by title only. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 03-4420 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. Commissioner Servian left the meeting at 6:44 p.m. 17. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4423, AMENDING CHAPTER 21, OFFENSES, ARTICLE VII, ADVERTISING, TO CREATE SECTIONS 21-161 AND 21-162 TO PROHIBIT ADVERTISING VEHICLES AND WATERCRAFT; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING DEFINITIONS) ; SETTING FORTH EXCEPTIONS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. . (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM X-A-2) CD 6:44 through 6:46 Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 03-4423 prohibits advertising vehicles and watercraft from being operated for the principle purpose of advertising which has become a common commercial practice in numerous jurisdictions around the countryi that a companion amendment to the Zoning Code (2002 Ed.) will be brought before the Commission during the next cycle of amendments to the Zoning Code (2002 Ed.). Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4423 by title only. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 03-4423 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yesi Martin, yes; Mason, yes. 18. QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 03-4424, AMENDING ORDINANCE NO. 98-4051 TO REFLECT THE APPROVAL AND SUBSTITUTION OF SITE PLAN APPLICATION NO. 02-SP-43 FOR A PORTION OF PREVIOUSLY APPROVED DEVELOPMENT PLAN NO. 98-DPR-B; SAID SITE PLAN APPLICATION NO. 02-SP-43 PERTAINS TO THE COMPLETION OF A MIXED-USE PROJECT - COMMONLY KNOWN AS THE RENAISSANCE OF SARASOTA LOCATED ON PROPERTY BOUNDED ON THE WEST BY NORTH TAMIAMI TRAIL; ON THE EAST BY COCOANUT AVENUE, ; ON THE SOUTH BY BOULEVARD OF THE ARTS (FORMERLY SIXTH STREET) ; AND ON THE NORTH BY THE PLAYERS THEATER; SITE PLAN APPLICATION NO. 02-SP-43 DOES NOT INCLUDE THE EXISTING RESIDENTIAL CONDOMINIUM LOCATED ON LOT 1 OF THE PLAT OF THE RENAISSANCE OF SARASOTA AND DOES NOT INCLUDE LOT 2 SHOWN ON SAID PLAT WHICH IS THE NOW VACANT SOUTHWEST CORNER PARCEL OF THE PROPERTY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NOS. 02-ROA-08, 02- SP-43, AND 01-SUB-02, APPLICANT THE SARASOTA RENAISSANCE LIMITED PARTNERSHIP AS OWNER) = PASSED ON FIRST READING INCORPORATING THE APPLICANT' S PROFFER TO PARTICIPATE IN THE TRANSPORTATION MANAGEMENT ORGANIZATION (AGENDA ITEM X-B-1) CD 6:46 through 7:27 BOOK 53 Page 24500 12/16/02 2:30 P.M. BOOK 53 Page 24501 12/16/02 2:30 P.M. Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissions will be requested to disclose any ex parte communications concerning the subject property; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination; that the Legislature has established a category of Affected Persons; however, no one has filed for certification as an Affected Person. Mayor Mason left the Chambers at 6:47 p.m. City Attorney Taylor stated that proposed Ordinance No. 03-4424 is to amend Ordinance No. 98-4051 to reflect the approval and substitution of Site Plan Application No. 02-SP-43 for a portion of previously approved Development Plan Application No. 98-DPR-B; that Site Plan Application No. 02-SP-43 pertains to the completion of a mixed-use project commonly known as The Renaissance of Sarasota Renaissance); that the Applicant is The Sarasota Renaissance Limited Partnership, L.P. Renaissance Limited), as owner; that the recommendation is to allow 20 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 5 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Commission approval of the time limits is requested. Mayor Mason returned to the Chambers at 6:49 p.m. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to approve the time limits of 20 minutes for the Applicant's presentation and 5 minutes for rebuttal, 5 minutes for the City's presentation and 3 minutes for rebuttal, and other interested persons will have 5 minutes to speak. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Palmer, and Commissioners Martin and Quillin stated that no ex parte communications have occurred. Mayor Mason stated that Commissioner Servian is not feeling well and had to leave the meeting. Mayor Mason opened the public hearing and requested that the Applicant come forward. William Merrill, III, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen and Ginsburg, P.A., Joel Freedman, Freedman Consulting Group, Inc., Victor Yue, AIA, Project Architect, Dorsky, Hodgson, and Partners, Inc., and J. Christopher Cobb, Vice President, Wynnton Group, Inc. (Wynnton Group), came before the Commission. Attorney Merrill referred to a site plan of the proposed project displayed on the Chamber monitors and stated that City Staff is commended for their professional efforts and good working relationship concerning the proposed project; and read Section VII-1601, Article VI, Zoning Code (1998 ed.) displayed on the Chamber monitors as follows: The standards of the C-CBD zone district are intended for application in the city's downtown urban core. The C-CBD District is intended to accommodate diverse land uses and activities in concentrated areas, which will attract residents, and visitors in significant numbers. The C-CBD District permits and encourages the coordinated development of retail trade activities; business, professional and financial services; hotels and high-density residential uses. The District is intended to be an active pedestrian area with an emphasis on human scale activities and amenities at the street level. Residential developments and mixed-use developments incorporating residential are especially encouraged in order to increase the District's resident population. Attorney Merrill continued that the proposed project is the epitome of the type of development envisioned in the C-CBD Zone District and will be a defining example of the type of development the City will want to encourage in the C-CBD Zone District; that compelling and self-evident reasons to approve the proposed BOOK 53 Page 24502 12/16/02 2:30 P.M. BOOK 53 Page 24503 12/16/02 2:30 P.M. project will be presented; that City Staff recommended approval of the development as indicated in the Staff's Executive Summary and Technical Analysis included in the Agenda backup material; that such an unqualified Staff recommendation of approval for the size and complexity of the development is unusual; that the proposed project is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020), the Rosemary District Neighborhood Action Strategy, the Future Land Use Classification category, and the applicable Sections of the Zoning Code (1998 ed.) as follows: Section IV-508, Changes to Site Plan; Section IV-1104, Rezonings; = Section IV-1106, Rezone Standards for Review; - Sections IV-1601 through IV-1603, C-CBD Zone District; Section IV-506, Site Plan Standards for Review; and Article IV Division 10, Subdivisions/Plats. Attorney Merrill referred to Attachment "A", Renaissance Site Plan Notes, to proposed Ordinance No. 03-4424 included in the Agenda backup material and stated that the Attachment "A" establishes design standards which promote compatibility and pedestrian connectivity issues recommended by City Staff for the project and stated that the City's Engineering Department administratively approved and determined Final Plat No. 01-SUB-02 meets both the State and local requirements for platting and subdivision requirements; that at its November 6, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously to recommend Commission approval of proposed Ordinance No. 03-4424 subject to the following condition: The location and construction of the proposed mixed use project must be in conformity with the development plan presented with Development Plan No. 98-DPR-B, except for the component of the mixed-use project to be situated on Lots 3-A through 3-I, Lots 4-A through 4-0, and Lot 6 shall be located and constructed in conformity with Site Plan Application No. 02-SP-43. Mr. Freedman referred to computer-generated slides of the proposed project displayed on the Chamber monitors throughout the presentation and stated that the project area is bounded by Boulevard of the Arts on the south, US 41 on the west, Cocoanut Avenue on the east, and The Players Theater, Inc. (The Players) on the north; that the challenge concerning the development was to provide the City with enough assurance of the final product but at the same time provide flexibility for the developer as the market changed; that the design standards which are attached to the proposed Ordinance as Attachment "A" are an overlay specifically for the proposed project; that six lots which existed on the original project plan have been subdivided as follows: Lot 1: Contains the existing condominium tower and parking deck; Lot 2: Depicts future development plans for a Holiday Inn Express hotel along Boulevard of the Arts; Lot 3-A through 3-I and 4-A through 4-0: Depict the future development of either townhouses with garages, retail/office, restaurant, or retail with residential above; Lot 5: Depicts future development plans of a surface parking lot adjacent to and east of the existing condominium tower-parking garage; Lot 6: Contains the proposed north condominium tower and parking garage. Lot 7: Depicts a vacant area which may be deeded to the (The Players). Mr. Freedman referred to two different live/work configurations which could be constructed along Cocoanut Avenue and Boulevard of the Arts and continued that the configurations could be mixed and matched depending on the owner of the individual lot; that the units can be totally residential or retail on the ground floor with residential on the second floor; however, the mixture of units is controlled by the design standards attached to the proposed Ordinancei that the units along May Lane include a condominium-type approach construction; that the unit owner will own one unit of the six-unit condominium complex; that the May Lane units are more intense commercial units; the an owner may purchase two lots and develop both as a larger office facility or a restaurant. Mr. Freedman referred to architectural rendering of the northwest view of the proposed project displayed on the Chamber monitors and BOOK 53 Page 24504 12/16/02 2:30 P.M. BOOK 53 Page 24505 12/16/02 2:30 P.M. further stated that the two towers have been superimposed behind the proposed live/work units to indicate the size and scale of the development; that the western view of May Lane depicts the commercialized units as constructed as close to the sidewalks as possible to provide a pedestrian urban experience. Mr. Yue referred to an architectural rendering of the proposed Renaissance Tower II displayed on the Chamber monitors and stated that being chosen by the owner of the Renaissance as the architect is a pleasure; that the site was visited approximately one year ago to determine the objectives of the owner as well as the Cityi that all parties involved have worked together to develop a solution to meet the objectives; that the beauty of the existing lake near the Phase I tower cannot be seen from the street and is therefore not appreciated; that the proposed project includes a sidewalk from US 41 into the Phase II project area; that the live/work units and condominiums around the surrounding blocks of the Phase II tower conceal the internal circulation and servicing of the building; that the appearance along the front of the Phase II tower will be retail on the ground floor; that the Phase II tower should reflect understated elegance; that the arcade of the building is covered; that the vertical design of the Phase II tower appears as two separate smaller towers to minimize a massing effect; that the goal is to create the reverse of the appearance of the Phase II tower. Mr. Yue continued that the intent of the proposed terrace units of the Phase II tower was to create an urban environment for the residents of the development; that some private units of the Phase II tower will be constructed on the ground floor with gardens unlike the Phase I tower; that the pool deck will be relocated to the top of the parking structure sO the tower residents will not have to look down at a parking lot and parked cars; that the environment will be picturesque. Attorney Merrill stated that the request is for Commission approval of the proposed project; that the project will create a transition from the Rosemary District and epitomizes New Urbanism principles and the type of projects encouraged by the City for the C-CBD Zone District. Commissioner Martin asked if the Wynnton Group has plans to develop the Phase II tower and the parking garage? Attorney Merrill stated yes; that the Wynnton Group is developing the project as a principal of the Renaissance Limited. Commissioner Martin asked if the mixed-use parcels of the project will be sold to developers for development? Attorney Merrill stated no; that the mixed-use parcels will be sold to end users and governed by a master association with sub- associations within the master association to maintain the integrity of the development. Commissioner Martin asked if Renaissance Limited will be developing all of the structures within the project area? Mr. Cobb stated yes. Commissioner Martin referred to the curved design on the eastern section of the proposed parking garage and asked for clarification. Mr. Yue stated that the curved design is a landscape paving pad similar to a walkway; that the top of the proposed garage will be landscaped and will include herb and Japanese gardens. Commissioner Martin asked if the location of the proposed swimming pool is to the east of the walkway on the top of the parking garage? Attorney Merrill stated yes. Mr. Freedman referred to a cross-section rendering of the project area displayed on the Chamber monitors and stated that the Phase II tower is to the west and the parking garage with recreational deck on top is directly behind the Phase II tower to the east. Commissioner Quillin asked if the residents in the Phase II Tower will be viewing down into a backyard-type setting rather than the top of a building with air conditioning ducts? Mr. Yue stated that the view will be of a recreational area on top of the proposed parking garage; that all the mechanical equipment is on the roof of the Phase II tower or on the ground floor of the parking garage. Commissioner Quillin asked if the parking garage will be exclusively for the Phase II tower parking? BOOK 53 Page 24506 12/16/02 2:30 P.M. BOOK 53 Page 24507 12/16/02 2:30 P.M. Mr. Freedman stated that the ground floor of the parking garage includes a mixture of parking; that private parking will be beyond the gate of the parking garage. Commissioner Quillin asked if adequate parking is provided for the units along Cocoanut Avenue? Mr. Freedman stated that each residential unit will include a parking facility of a two- or three-car garage; that on-street parking will be available on Cocoanut Avenue and parallel parking along May Lane. Commissioner Quillin asked if a shuttle service for the entire project has been considered? Attorney Merrill stated that an answer is unknown. Commissioner Quillin stated that the original development agreement included an internal transportation system such as a shuttle system. Attorney Merrill stated that he does not recall discussions regarding an internal transportation system. Commissioner Quillin stated that the information will be researched and provided; that the project area is part of the trolley system; that specifics of the original project included the ability to shuttle people to different locations; that the lack of such a system is a concerni that a bicycle facility should be included in the project. Mr. Freedman stated that bicycle facilities will be located throughout the project area. Commissioner Quillin stated that the appearance of May Lane is uninviting and lacks pedestrian friendliness; that the design of May Lane should be a walking experience to destinations such as the Van Wezel Performing Arts Hall (VWPAH) and should attract pedestrians to the retail uses of the project; that the corners of the intersection of May Lane and Cocoanut Avenue are uninviting. Attorney Merrill asked if the concern is the appearance of the setbacks of the buildings at the intersection corners? Commissioner Quillin stated yes; that the corners should be emphasized with neck-outs and landscaping for pedestrian ease of crossing the intersection; and asked the number of future occupants for the development based on 2.8 people per household? Mr. Cobb stated that the number of future occupants is approximately 1,000. Commissioner Quillin stated that one proposed architectural rendering for the units on Cocoanut Avenue has a teeth-like" appearance due to the variations in height. Mr. Freedman stated that the purpose of the different styles of architecture is to establish design standards and create a character for the area. Attorney Merrill stated that the architectural renderings depict the possible size and scale ranges for the proposed project. Commissioner Quillin stated that the design may be undesirable and visually unattractive to a future commercial buyer; that the Applicant is applauded for including the design standards in the proposed Ordinance. Vice Mayor Palmer stated that the circulation and parking on May Lane was previously a concerni that the explanation of the parking is appreciated; that the lots will be under separate ownership; and asked the manner in which the new owners can avoid future conflicts? Attorney Merrill stated that a master association was formed for the entire development; that a condominium association was also formed for the Phase I tower; that the master association is the umbrella over the condominium association and any newly formed homeowners' associations or other condominium associations; that the design standards will coordinate the entire project; that ownership and restrictions will be bound by the governing association documents and the design standards; that the intent is the Phase II tower and the May Lane units will be condominiumized under separate associations pursuant to the master association; that Lots 3 and 4 will be under a property owners' association in accordance with the master association which is already in place. Vice Mayor Palmer asked the status of the Holiday Inn Express. Attorney Merrill stated that a status is unknown. BOOK 53 Page 24508 12/16/02 2:30 P.M. BOOK 53 Page 24509 12/16/02 2:30 P.M. Vice Mayor Palmer stated that the original plans for the development of the Renaissance project included an arrangement with The Players; and asked for clarification regarding the on- going negotiations concerning Lot 7 near The Players. Attorney Merrill stated that the original arrangement included the intent to work with The Players regarding parking issues; that discussions are on-going regarding the possibility of a vacant area being deeded to The Players for additional parking; that the details are not finalized. Stanley Tarkow, Vice President and General Counsel, the Wynnton Group, came before the Commission and stated that proposals are being exchanged with The Players at this time. Vice Mayor Palmer stated that the design standards of the proposed project represent the exact intent of the Downtown Master Plan; that the list of proffered uses which are normally permitted in the C-CBD Zone District has been reduced and limited substantially; and asked if reducing and limiting the uses was intentional? Attorney Merrill stated yes. Vice Mayor Palmer asked if the applicant is involved with the Transportation Management Organization (TMO) ? Mr. Freedman stated that the proposed project was created prior to the establishment of the TMO. Vice Mayor Palmer stated that the Renaissance project is not located in the Transportation Concurrency Exception Area (TCEA) and was required to meet full transportation concurrency requirements; that proffering to participate in the TMO is suggested. Mr. Freedman stated that the involvement of the project developers in the TMO makes sense; that coordinating transportation through the TMO would be a benefit. Vice Mayor Palmer asked if the Applicant is willing participate in the TMO? Mr. Cobb stated yes. Commissioner Quillin stated that individual retail establishments should also be part of the TMO. Vice Mayor Palmer stated that participation in the TMO should apply to all appropriate parts of the project. Attorney Merrill asked the requirements of participating in the TMO? Commissioner Quillin stated that the Director of the TMO will contact the Applicant; that the TMO is awaiting the results of the Downtown Mobility and Parking Study. Mayor Mason requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning Department, stated that developing a product which provides market flexibility yet promotes and enhances New Urbanism principles is difficult; that the Renaissance was initially a unified development approved through the Community Redevelopment Agency (CRA); ; that unnecessarily re-platting the project over and over was a concern to City Staff; that the hope is the proposed re-plat will be the last; that protecting the integrity of a unified development was a concern at the time the proposed Holiday Inn Express came before the Commission; that the proposed project was part of design charrettes and public input concerning the type of mixed-use development for the area; that the market has changed since the original Renaissance proposal project was approved; that the design standards of Attachment "A" of the proposed Ordinance provide a certainty regarding building line and enhanced pedestrian connectivity; that the hope is pedestrian movement will link to future mass transit systems; that the Renaissance project originally involved approval of Street Vacation No. 98-SV-04, Conditional Rezoning No. 98-CO-02, Development Agreement No. 98-DA-01, and Development Plan No. 98- DPR-B; that individual owners should not be required to amend the rezoning ordinance for the entire development if flexibility for future development is provided; that the design standards promote mixed-uses, flexibility in design and development, control and maintenance of the unified plan for the overall site, and human-scale activities at the pedestrian level. Ms. Murphy continued that an extensive parking analysis was conducted; that an inventory method was developed for Staff to monitor parking as each retail establishment developed; that at its November 6, 2002, meeting, the PBLP held a public hearing and found Rezone Ordinance Amendment Application No. 02-ROA-08, Site BOOK 53 Page 24510 12/16/02 2:30 P.M. BOOK 53 Page 24511 12/16/02 2:30 P.M. Plan Application No. 02-SP-43, and Final Plat 01-SUB-02 as incorporated in proposed Ordinance No. 03-4424 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the standards for review set forth in the Zoning Code (1998 ed.), and the Tree Protection Ordinance, and voted unanimously to recommend Commission approval of proposed Ordinance No. 03-4424 subject to the conditions indicated previously by the Applicant. Mayor Mason requested that other interested persons come forward; and the following interested person came before the Commission: Judson Rees, Member of the Board of Directors, The Players, 8945 Wild Dunes (34241), stated that he is present to confirm positive negotiations are on-going with the developers; that discussion and consideration regarding the parking issues of the proposed project should be considered; that the belief is The Players is being considered based on the conversations which have ensued. Mayor Mason stated neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if any and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4424 by title only. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 03-4424 on first reading with inclusion of the Applicant's proffer to participate in the Transportation Management Organization. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Martin, yes; Mason, yes; Palmer, yes. 19. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 7:27 through 7:29 The following people came before the Commission: John Tylee, Interim Executive Director, Downtown Association of Sarasota, Inc., (Downtown Association) 1818 Main Street (34236), stated that Charles Kuykendall, Chair of the Policy Committee of the Downtown Association, attended the afternoon meeting; however, Mr. Kuykendall is not in attendance at this time; that four concerns regarding the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) on behalf of the Downtown Association are: 1. The early adoption of the Downtown Master Plan 2020 is crucial for development and redevelopment of Downtown; 2. The Downtown Association has consistently supported the Downtown Master Plan 2020 and will continue to urge its adoption; 3. The reduction of the issues between the Commission and the Challengers to a few words is encouraging and both sides are congratulated on the progress made; and 4. The Commission and the Challengers are urged to build on the progress to date and continue toward bringing the issue to a speedy conclusion. Charles Kuykendall, Chair of the Policy Committee of the Downtown Association Sarasota, Inc., 1818 Main Street (34236), was no longer present in the Chambers. Thomas Walter, Two North Tamiami Trail (34236), was no longer present in the Chambers. 20. CONTINUED UNFINISHED BUSINESS: : APPROVAL RE : AMENDMENT NO. 2 TO THE FIRE AND EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA COUNTY APPROVED WITH REVISIONS PROPOSED BY THE ADMINISTRATION INCLUDING THE CHANGES DISCUSSED (AGENDA ITEM VI-1) CD 7:30 through 8:52 City Auditor and Clerk Robinson stated that the discussion concerning proposed Amendment No. 2 to the Interlocal Agreement between the City and the County regarding Fire and Emergency Medical Services (EMS) is continued from the afternoon session. City Manager McNees distributed and referred to recommended revisions to proposed Amendment No. 2 prepared in consideration of Commissioners' comments during the afternoon session of the meeting and stated that a meeting was held with the City Attorney which resulted in the following proposed revisions: 1. Delete the sixth WHEREAS clause as follows: BOOK 53 Page 24512 12/16/02 2:30 P.M. BOOK 53 Page 24513 12/16/02 2:30 P.M. WHEREAS, the City and County both desire to amend the Agreement such that the County shall have until February 11, 2003, at 5:00 p.m. within which it shall have the option, in its sole discretion, to give written notice of termination of the Agreement effective September 30, 2003 at 11:59 p.m., and 2. Amend Paragraph 1 to amend Section 12.3 of the Agreement as amended by Amendment 1 as follows: Add: COUNTY shall repeal COUNTY Resolution No. 2003-323, dated December 3, 2002, such repeal having the effect such that COUNTY's termination of the Agreement effective September 30, 2003 at 11:59 p.m., as noticed in such Resolution, shall not take effect and shall be null and void. Delete: Notwithstanding the foregoing provisions of this Section 12.3, the COUNTY shall have until February 11, 2003 at 5:00 p.m. within which to notify the CITY in writing that it has elected, in its sole discretion, to terminate the Agreement effective September 30, 2003 at 11:59 p.m. 3. Amend Paragraph 5 as follows: Add: The City agrees to enter into further negotiations with the County for the purpose of defining a financial contribution by City with respect to the Fire Pension Fund, not to exceed five hundred thousand ($500,000.00) dollars, to be payable on such terms and at such time as is mutually agreed by the City and the County. Delete: The extent of the anticipated City contributions is dependent upon the extent to which changes are made to the Fire Pension Code as more fully described in letters dated November 15 and November 20, 2002 from David Bullock to Michael A. McNees. City Manager McNees continued that the Administration recommends approving proposed Amendment No. 2 with the recommended revisions as presented; that the efforts of the City Attorney's Office in drafting the recommended revisions are appreciated; that further discussion concerning the recommended revisions is welcome. Vice Mayor Palmer stated that the earlier discussion which indicated the County did not make any contributions to the Pension Fund was inaccurate; that the County made a contribution of $61,295 to the Pension Fund in fiscal year (FY) 2000/01; that the contribution was not necessary and was credited to FY 2001/02; that the importance of providing accurate information is stressed; that Staff is urged to address inaccurate statements or information. Commissioner Martin referred to the recommended revision of Paragraph 5, proposed Amendment No. 2, and stated that the word "annually" should be incorporated to read as follows: - not to exceed five hundred thousand ($500,000.00) dollars annually Commissioner Quillin stated that a formula should be developed for the calculation of the cost of fire services; that City taxpayers pay a fee for fire services; that City taxpayers will be requested to contribute additional funds from the General Fund under proposed Amendment No. 2; that an explanation is required for City taxpayers; and asked the process to approve the recommended revisions to proposed Amendment No. 2? City Attorney Taylor stated that proposed Amendment No. 2 will be rewritten incorporating the recommended revisions for presentation to the County. Commissioner Quillin stated that revisions to proposed Amendment No. 2 should include a provision for the County to investigate additional means to spread the cost of fire services such as assessing vacant land; that assessing vacant land is only one method; that other methods may be available; that the costs for fire services must be controlled. Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that current funding for fire services as contrasted with EMS services comes from a Municipal Services Benefits Unit (MSBU); that the funding for EMS is part of the discussion as indicated in the following provision of proposed Amendment No. 2: BOOK 53 Page 24514 12/16/02 2:30 P.M. BOOK 53 Page 24515 12/16/02 2:30 P.M. WHEREAS, the City has agreed to advertise and conduct public hearings by February 3, 2003 necessary to consider the adoption of an ordinance consenting to the establishment of an Emergency Medical Services MSTU by the County Attorney Singer continued that a new language could be included in Amendment 2 as follows: The City and County agree to discuss, advertise, and conduct public hearings by a certain date to change the manner in which the fire assessments are levied under the County's Municipal Services Benefit Unit. Attorney Singer stated further that the present formula in the County's Ordinance relating to fire services provides for funding through an assessment based upon square footage and does not include vacant land; that a phrase could be added to the proposed new paragraph "to include assessments on vacant property." Vice Mayor Palmer asked if the formula is based on Equivalent Residential Units (ERUS)? City Manager McNees stated yes. Vice Mayor Palmer stated that ad valorem taxes are calculated differently than assessments; that basing the funding for fire services on ad valorem taxes will have a different impact on City taxpayers. Attorney Singer stated that funding for fire services is not currently through ad valorem taxes which utilizes property values but rather through an MSBU which utilizes square footage; that the calculation for the MSTU must be ad valorem based and would include a tax on property values for vacant as well as occupied land. City Manager McNees stated that additional revisions will further complicate the specifics of stopping the deconsolidation order; that a suggestion is to approve proposed Amendment No. 2 with the recommended revisions as presented and to prepare additional recommendations such as revenue enhancement through assessment of vacant parcels for presentation to the Sarasota Board of County Commissioners (BCC); that the development of an MSTU should be carefully studied to assure the percentage of funding for EMS services is not unfairly shifted onto City residents; that changing the calculation from a per property basis to a value-based assessment will shift the burden to City residents. Commissioner Quillin stated that the Administration's suggestion not to include other revisions to proposed Amendment No. 2 is not supported; that proposed Amendment No. 2 indicates the pension benefit multiplier will be changed from 3.3 percent to 3.0 percent for all former City firefighters currently employed by the County for all years of service; that the County firefighters have a Deferred Retirement Option Program (DROP) Plan; that the County has been requested to provide a DROP Plan for former City firefighters for years; that former City firefighters will be treated as a different class of firefighters, which is not acceptable; that the County is not living up to the Interlocal Agreement and has been using tactics of misinformation with the union representing the firefighters; that the additional changes being discussed should be included in proposed Amendment No. 2 to assure former City firefighters and City taxpayers the City will be fiscally responsible in any amendment to any agreement, especially if different benefits for employees or former employees are involved; that the Administration's efforts are appreciated; however, proposed Amendment No. 2 is an agreement; that not including all recommended changes in proposed Amendment No. 2 could result in losing proposed changes; that the recommendation concerning revenue enhancements should be included in proposed Amendment No. 2 before anything drastic occurs to former City firefighters again. The following people came before the Commission: James Frazier, 7211 32nd Avenue East, Bradenton (34208), Division Chief, Sarasota Fire Rescue, retired, representing Retired City Firefighters' Association (RCFA), stated that he is representing the RCFA for Robert McLeod who is out of town; that he is not speaking in favor of or in opposition to deconsolidation; that the focus of the RCFA is the reduction in benefits to retirees; that the RCFA urges the Commission to take the concept of deconsolidation seriously and believes the City would be wise to consider seriously the financial costs in a detailed study prior to making a decision; that the County's contribution calculation of $1.7 million based on a 16 percent contribution to the FRS is ludicrous; that the County's contribution for 2002 is 16 percent but has been lower for the past six years; that the percentage contribution will most BOOK 53 Page 24516 12/16/02 2:30 P.M. BOOK 53 Page 24517 12/16/02 2:30 P.M. likely be twice as high in 2003 due to the economy and the FRS's loss of $300 million on investments related to the Enron Corporation; that to expect the City to base a contribution on a 16 percent difference is ludicrous; that a request is to include recommendations concerning certain possible benefit adjustments for the City's retired firefighters in discussions and decisions; that the Commission is requested to reject any reduction of pension benefits to retirees and cease any and all actions to amend City Ordinance No. 98-4074 pertaining to the firefighters' Pension Plan as applied to retirees, spouses, and children; that the topic is on the table since the County does not like the terms of the Interlocal Agreement signed in 1995; that the County initiated enhancements to the firefighters' Pension Fund in 1998; that the County was not coerced into signing the Interlocal Agreement in 1995; that the County initiated the enhancements to the firefighters' Pension Fund in 1998 to accelerate attrition. Retired Fire Division Chief Frazier continued that the City should not renegotiate with the County; that the stock market is down; that the County owes more money to the Fire Pension Fund than was planned due to the stock market; that increased costs must not be paid to the detriment of retirees; that retirees are the least able to payi that a question is if the County will refuse to pay the FRS if the County's costs increase for the FRS due to stock losses. Retired Fire Division Chief Frazier further stated that the County's refusal to pay the FRS is doubtful; that State law requires the County to support the FRS; that the City is bound to support Section 175.121, Florida Statutes; that the County passed a resolution to enhance the Fire Pension Plan; that the language in the resolution clearly indicates the enhancements were reviewed and approved by the County Fire Chief, the County Attorney's Office, and the County Administrator; that the resolution further indicates the Pension Board utilized sound strategies validated by actuarial and legal analyses; that over 40 firefighters have accepted the new terms and retired under the plan; that to take away accrued benefits from currently retired public servants, widows, and children would be unconscionable; that in some cases, removal of the Share Plan could reduce a widow's income by as much as 15 percent; that the action should be rejected as unethical and immoral; that the action is in direct conflict with Chapter 24.45, Authority of City Commission to increase or liberalize pension benefits, Sarasota City Code (1986 as amended) (City Code), as follows: no amendment or division shall be adopted by the City Commission which will have the effects of reducing the then accrued benefits of members or member's spouse, issue or dependent parent Retired Fire Division Chief Frazier stated further that the distribution from the Share Plan is part of the benefit and thus cannot be taken away from those currently retired; that the City will be in violation of the City Code if previously granted benefits are taken away from retirees; that the representatives of the International Association of Firefighters (IAFF) do not agree to forfeit the funds from the Share Plan but rather are trading the funds from the Share Plan for a DROP Plan; that a question is if the County proposes to bring retirees back into active duty to provide an opportunity to enter the DROP Plan rather than the Share Plan; that the answer to the question would most likely be negative; that the Share Plan which was implemented in 1998 in lieu of the DROP Plan was intended to encourage retirement and was successful in doing so; that the retirees fulfilled contractual obligations to retire; that taking back the retirees' Share Plan would leave the retirees less than whole under the agreed upon contract. Retired Fire Division Chief Frazier further stated that the County requested the City delay distribution of accrued benefits to retirees in August 2001; that the request was withdrawn; that the County made and withdrew the request again in August 2002; that the County indicated the retirees were not included in the request; that the County is making the request again; that the County has little regard for the emotional turmoil and fear which are caused by launching attacks on the livelihood of former employees who served the City and the County for many years; that a question is if a jury of citizens would respond to evidence of the pain and suffering of firefighters or widows and children by actions of such wanton disregard; that the hope is a jury will never have to hear such a case; that removing the benefits after an employee has retired is both morally and legally wrong; that the belief firefighters can afford a cut in benefits or the 1998 enhancements are a mistake should not be a consideration; that the Commission is urged not to approve proposed Amendment No. 2; that the Commission is wholeheartedly and vigorously requested to reject any proposal to reduce BOOK 53 Page 24518 12/16/02 2:30 P.M. BOOK 53 Page 24519 12/16/02 2:30 P.M. retiree benefits and take actions to prevent similar types of harassment in the future. Tom Fields, 3634 White Sulphur Place (34232), City Fire Chief, retired, representing the Retired City Firefighters' Association (RCFA), stated that the Administration has no option other than to bring the issues relating to pension benefits for firefighters before the Commission for a decision; that the approach which has been taken by the County involving the pension benefits is a concern; that the County researched the issue with the County Finance Department and the County Administration; that a recommendation was made to the County Administrator which was approved and forwarded to the BCC, which adopted Resolution No. 2002-323 approving the Share Plan and other pension benefits; that Resolution No. 2002-323 now presents a problem and has resulted in the County requesting $500,000 from the City; that mismanagement is occurring at the highest levels of County leadership; that the retirees have no option to bargain for additional benefits in 2003; that the collective bargaining process and the members of the bargaining unit are respected; that active firefighters have the ability to argue for benefits on an annual basis; that retirees do not have the same option; that benefits for retirees are gone once taken awayi that the Share Plan was instituted to assist in attrition of upper level, highly paid Fire Department personnel; that the DROP Plan is available to many City and County employees but is not available to firefighters participating in the City firefighters' pension plan and quoted a portion of a 1998 memorandum from the County Administrator as follows: The DROP Plan would have a negative effect actually encouraging employees to stay longer. Former Fire Chief Fields continued that the Share Plan was instituted to encourage employees to retire which would save moneyi that the DROP Plan encourages employees to stay longer; that the upper level, higher paid employees will stay longer; that the DROP Plan will cost more money which is counterproductive and boggles the mind; that the Commission is encouraged to leave the benefits for the retirees in place; that retirees are willing to work with the City to resolve the issue in any possible way; that the County is requesting $500,000 back from the City while removing the Share Plan from the retirees' benefits which is approximately between $400,000 and $500,000 from State funds; that the $500,000 will be taken out of the pockets of the active or retired firefighters; that for the City to give $500,000 to the County with the Share Plan being cut and $500,000 coming out of the active and retired firefighters' pockets is a vicious cycle. Harold Stinchcomb, 4986 Vinson Way (34232), City Fire Chief, retired, stated that during the 22 years served as Fire Chief, he did not miss many City Commission meetings except while on vacation; that being present in the Chambers again is pleasing; that the issues raised by retired City Divison Fire Chief Frazier are supported; that he is representing himself and not the RCFA; however, the concerns of the RCFA are endorsed; that deconsolidation is a personal concern; that a special meeting would afford the opportunity to discuss the situation in depth; that providing the best level of service for the health, safety, and welfare of the citizens of the City and County is the goal; that at the time the consolidation occurred, the "Robin Hood" approach took over which resulted in some City firefighters being moved to the County with some remaining in City fire stations; that the capital turnover in equipment and properties to the County at the time of the consolidation was significant and should be considered; that he and former City Fire Chiefs worked with the Commission over many years to build a top-rated City Fire Department; that the City's Fire Department was rated by a national fire magazine in the early 1990s as one of the best Fire Departments in the United States for the City's size; that the decision to consolidate was made in one evening and reversed the progress the City Fire Department had made. Retired Fire Chief Stinchcomb continued that the safety of the citizens is a concern; that response times are not the same as in the past; that the services no longer being provided should be discussed; that the primary concern of the Commission is to decide the value of the citizens' protection for health, welfare, and safety; that deconsolidation will cost more moneyi that an estimate to deconsolidate was provided at $11 million and could possibly be as high as $13 million; that citizens in the community have indicated paying extra taxes for better fire protection and ambulance service is not a problem; that the hope is an in-depth discussion concerning the issue can take place prior to an ultimate decision being made to deconsolidate. John Hanlon, 2465 Arlington Street (34239), City resident since 1997, stated that he is an active firefighter with 15 years of service to the County, is a former City firefighter, has BOOK 53 Page 24520 12/16/02 2:30 P.M. BOOK 53 Page 24521 12/16/02 2:30 P.M. performed 15 years of service with the County, is an Associate Member of the RCFA, and pays union dues, and is representing himself and many other former City firefighters but he is frustrated and angryi that the hope is his emotions are evident during his speech to the Commission; that two governments are being served; that lobbying efforts for benefits must be directed to the County and City Commissions; that the direction presently seems to move towards cutting active benefits to his pension plan; that the philosophy is wrong. Mr. Hanlon continued that the number of active former City firefighters has been reduced to 69 to fix the problem caused by the stock market; that in 2003, the number will decrease to 50 and will decrease further in future yearsi that the County will come back to the City for additional funding regardless of existing agreements; that the cost will go upi that the philosophy of balancing the issue to the detriment of retirees is questioned; that the IAFF has most likely been speaking to the City and will speak to the City in the future; that the firefighters have not yet voted on the contract; that 300 firefighters are not even affected by the pension cuts; that the approval of the contract affecting only former City firefighter pensions will not be a surprise; that the job of a firefighter is very stressful; that discussions were held with Commissioner Martin concerning the stresses of politics; that the position of Commissioner Martin is respected; however, a Commissioner will most likely never be in a situation as stressful as a firefighter; that firefighters face stresses such as automobile accidents and other extreme situations and are being requested to balance the budget and to fix the County's mistakes of not allocating enough funds for fire protection in the twilight of their careers. Mr. Hanlon continued that the County received the desired outcome of attrition of firefighters and the reduced pension contributions over a three-year period; that the contribution decreased to zero in the third year; that the County paid less than originally anticipated; that the former City firefighters gave over $1 million of the pension reserves which complicated the problem along with the decline of the stock market. Mr. Hanlon further stated that the afternoon session of the Commission meeting was attended; that the earlier discussions concerning the issue were heard as well as the fact of $23 million being spent on the Van Wezel Performing Arts Hall (VWPAH) remodeling project; that the County is requesting $500,000 from the City; that providing $500,000 to the County would be wrong; that equaling the amount spent on the VWPAH remodeling project would take 46 years if the City provided the County $500,000 annually; that a significant amount of funds were also spent on legal issues surrounding the John Ringling Causeway Bridge replacement; that the request is for the Commission to spend funds at the present time to keep his benefits intact; that cutting benefits is not the only solution to the problem; that the BCC has been lobbied; that bargaining sessions have been held in good faith; that cutting the benefits of the firefighters is the only solution to which the County is willing to listen; that other solutions to the problem exist; that the hope is the Commission will not make a hasty decision at the present time; that the appearance is revisions to proposed Amendment No. 2 have been drafted over dinner and will be acted upon at the present time; that the plea is for the Commission not to cut the retirees' or active members' pension benefits. Mervin Kennell, 5247 Myakka Valley Trail (34241), stated that as a business agent for the aAErtRrdNate Professional Firefighters and Paramedics, Local 2546, International Association of Firefighters (IAFF), he was assigned the daunting task of bringing amicable resolution to the present pension benefits situation; that he is aware of the dissent of individual speakers and others not present; however, the Commission is requested to lay the emotional nature of the decision aside and rule in the best interest of the majority of City and County residents as well as the firefighters and paramedics; that the proposed revisions to the Pension Plan were born out of desire to avert a near certain deconsolidation of fire and EMS services; that the Pension Plan cuts are significant and certainly not without pain; that proposed Amendment No. 2 was drafted at the request of the current Chair of the Pension Board to resolve the issue and bring firefighters' benefits more in line with contributions to the FRS as requested by the County. Mr. Kennell continued that an ordinance establishing an MSTU meets the goal of the County which is to bring the costs under control; that the concessions brought forth have no intended effect on current retirees; that the adoption of an ordinance consenting to the establishment of an MSTU should resolve the issue at the present time and for the foreseeable future; that the City Administration's recommended revisions to proposed BOOK 53 Page 24522 12/16/02 2:30 P.M. BOOK 53 Page 24523 12/16/02 2:30 P.M. Amendment No. 2 are supported; that the Commission's feeling of being pressured and leveraged at the present time is recognized; that the Commission is requested to weigh the options of possible inaction or delay of action concerning the critical issue, given the imposed deadline, against the benefits of the proposed tri-party agreement; that a delay at the present time could result in $4 to 7 million in an annual increase to City taxpayersi; that documentation is in hand which supports the information; that the reason for the Commission's not being made aware of the cost of the annual increase is not known. Mr. Kennell further stated that in response to an earlier comment regarding 300 firefighters not being affected, the proposal has an impact on every one of the 372 firefighters represented by the IAFF; that decisions were not considered lightly; that preserving the level of benefits for the former 69 City firefighters who are members receiving benefits under Chapter 175, Florida Statutes, was a grave concern. Mary Boutieller, 2463 Arlington Road (34239), was no longer present in the Commission Chambers but authorized her husband, John Hanlon, to read a prepared statement with the approval of the Commission. Mr. Hanlon quoted a prepared statement by Ms. Boutieller indicating that a question is if the Commission would continue the type of work presently conducted if the realization was statistically Commissioners would only live approximately seven years past retirement; that the national statistic for the average length of time a firefighter lives past retirement is seven years; that the Commission is requested to imagine undergoing a full year of Acquired Immune Deficiency (AIDS) testing due to a patient's blood being splashed in the eyes; that the Mayor is requested to imagine informing individual Commissioners a patient recently rescued had bacterial meningitis which requires the entire Commission be tested and treated for the disease due to exposure; that the scenarios are hard to imagine yet have been faced during a career as a firefighter and paramedic; that firefighters and paramedics risk lives serving the community on a daily basis yet the firefighters' pension seems disposable; that the Commission is requested to take a risk as well by not cutting pension benefits to the active or retired former City firefighters; that the Commission is requested to take the time to look at solutions which will actually fix the problem and not just provide a short-term solution. John Flaherty, 500 Royal Road, Longboat Key (34228), stated that the Commission is in a difficult position; that a few years ago, the BCC wished to declare the City firehouses as owned; that the BCC had different leadership at the time and probably thought the idea was good and assumed responsibility for the property and equipment in good will; that the new County Administrator coming from Las Vegas, Nevada, found an escape clause; that the Commission's position is not envied; that the County is working the issue to the hilt; that the County is holding the City over a barrel as if the City is Irag; that mutual respect between the County and City Administrators is not seen; that a kind of extortion is seen; that the County is requiring more money from the City; that the County's investments are down; that the County did not address the situation properly from the outset; that the work required by firefighters is realized; that the real dangers firefighters face are biological hazards; that firefighters are constantly faced with hazards related to blood exposure; that as a patriotic individual, he would not consider the job of firefighter; that firefighters face danger on a daily basis for entire careers; that AIDS has been present since 1982; that an easy target is to take the money and the pension and benefits away to save moneyi that taking away pension and benefits is simple; that the retirees are principally old men; that the older retirees will probably not bark too loud; that the possibility of war and biological weapons compounds the dangers firefighters face along with the threat of contracting diseases at accident scenes and fires; that the risks of the job alone warrant not cutting the pension benefits. City Manager McNees stated that a few issues were raised by public speakers which should be clarified; that the Administration tells the truth; that clarification of a misreading of the County's documents which tied the County's number of $1.7 million to the FRS calculation was provided in the afternoon session of the meeting; that the County did not intend to index the $1.7 million; that the $1.7 million did not actually come from the FRS calculation; that clarification is provided of no connection between the calculation of the $1.7 million and the FRS contribution. City Manager McNees continued that a suggestion was made for the Commission not to approve proposed Amendment No. 2; that the direct and immediate consequence to refusing to renegotiate the BOOK 53 Page 24524 12/16/02 2:30 P.M. BOOK 53 Page 24525 12/16/02 2:30 P.M. Interlocal Agreement is the Interlocal Agreement will no longer exist; that the City will be in the process of negotiating a new agreement; that a certainty is the existing Interlocal Agreement will be renegotiated or a new agreement will be negotiated; that refusing to negotiate is not an option on the table; that not having to negotiate the issue would be pleasing but is not an option; that an issue was raised concerning changes to the Share Plan distributions and the effect on widows and disabled retirees' pensions; that the Administration met with a group of retirees; that assurance was provided the City would never recommend decreased benefits for widows and disabled retirees. City Manager McNees further stated that the issue important to recognize is the source of the funding for the pension increases; that the funding will come from either County or City taxpayers; that City taxpayers are also County taxpayers; that funding for the pension increases could be paid through fire assessments or property taxes; that the City has a stake in the solution; that the situation is emotional; that a belief may be the Commissioners are honor bound to not adjust any benefits; that the Commission approved some specific enhancements to pension benefits in 1998 for all firefighters, both prospective and existing retirees; that an expectation was the enhancements would not cost the City taxpayers additional money in the future which is no longer true; that to represent the issue solely as a matter of honor is perhaps extreme; that the benefit changes on the table for the active firefighters were negotiated by the IAFF and the County; that the benefits after the changes are still somewhat better than the benefits the City affords the Sarasota Police Officers at the present time. City Manager McNees stated further that changes would never be made to benefit plans which are not consistent with State law and the City Code and would not occur without discussion with the individuals affected in advance. Vice Mayor Palmer stated that the issues are difflcult and will not become easier as the process moves forward; that comparing the pension benefits with the discussions heard is difficult; that the point made the benefits after the changes are better than the benefits the City affords the Sarasota Police Officers is significant; that the pension calculation for firefighters is based on the same income and number of years served as an Sarasota Police Officer; that a review of the tape of the 1998 Commission meeting regarding the increases and improvements to benefits was reviewed; that the former City Manager indicated increases and improvements which were made in 1998 would only hold if deconsolidation did not take place; that a rollback of the benefits would be considered if deconsolidation takes place; that the issue is not simple; that individuals present in the audience are encouraged to review the tape of the 1998 Commission meeting; that a general understanding at the time the benefits were increased was the City would not assume the financial responsibility of the benefits if any difficulty took place in the future; that the belief was the County assumed the responsibility once the plan was approved; that the present Commission is not happy about being in a situation of having to address rollback of pension benefits. Vice Mayor Palmer continued that the City Manager made a case which should be considered; that the consideration is to make the proposed revisions in the language of proposed Amendment No. 2; that the issue is not set in stone at the present time; that individual speakers indicate other solutions exist; that the individual speakers are encouraged to bring additional solutions forward prior to February 2003; that the recommended revisions drafted by the Administration to proposed Amendment No. 2 are supported; that the recommended revisions should be clear; that an answer must be provided to the County; that the Commission is not happy about doing so but is not in the position of examining a reconstituted fire department; that the consolidation of the City's and County's Fire Departments was not pleasing; that the County provided proposed Amendment No. 2 to the City; that the City is recommending revisions to proposed Amendment No. 2; that the outcome of proposed Amendment No. 2 is not known since the City is including recommended revisions; that the desire is for negotiations and conversations to continue; however, action is required at the present time; that the request is for the City Manager and City Attorney to review the proposed revisions one step at a time. Commissioner Quillin stated that the Administration indicated the County's calculation of $1.7 million was not based on an FRS calculation and asked the manner in which the amount was derived? City Manager McNees stated that the answer is not known. BOOK 53 Page 24526 12/16/02 2:30 P.M. BOOK 53 Page 24527 12/16/02 2:30 P.M. Commissioner Quillin referred to Option 3 (3) (g) concerning certain requested pension contributions in the December 12, 2002, memorandum from the Administration to the Commission as follows: Staff recommends that the City agree to a contribution generally as calculated in the County proposal, not to exceed $500,000 as a hard cap, in any given year.. (i) The County's recommended contribution of $1,700,000 is based on the number of former City firefighters employed and the current contribution percentage for FRS firefighters which includes the current FRS special-risk retirement contribution for FY 2003 of 16.01 percent. Commissioner Quillin continued that the County will not pay over 16 percent; that the City will be expected to cover costs over 16 percent; that 18.44 percent is indicated for 2002; that making changes which affect the health, safety, and welfare of citizens is not desired; that the desire is to inform the County the City will hold public hearings; that the hope is the City will have some comparative figures prior to February 2003; that the desire is to have the City's fire department back; that County fire trucks have responded to many personal situations; that the fire trucks did not come from City fire stations which is a concerni that the situation will not improve; that City taxpayers are County taxpayers; that City taxpayers are being double taxed; that proposed Amendment No. 2 does not contain a reference to the DROP Plan; that unions are supported; however, the actions of the IAFF are disappointing. Commissioner Quillin further stated that 300 County firefighters are pitted against 68 City firefighters; that many City firefighters have brought concerns forward; that solutions and the provision of quality services are required; that more information is necessary; that holding public hearings and including recommended revisions in proposed Amendment No. 2 is supported; that the City should not be a victim to the County which is tiresome; that citizens have indicated many times the County has reneged on an agreement which was signed; that a willingness exists to agree to proposed Amendment No. 2 with stipulations for the handling of the February 3, 2003, public hearings regarding the firefighters' Pension Plan and MTSU funding; that a personal guarantee cannot be provided to approve either issue; that the hope is the actual costs will be outlined; that $8 million is being generated in fire fees at the present time; that the City owns the land and the City fire stations; that the County will be required to return the fire equipment to the City upon deconsolidation; that the County is indicating the City did not turn the stations over in good repair which is the reason a report was prepared indicating the age of the stations as well as improvements performed prior to consolidation; that the County is taking advantage of the City; that the present City Manager was not with the City at the time of the approval of the existing Interlocal Agreement; that tapes and historic information are available; that selling the City short without further information is not supported. Commissioner Martin referred to Option 3(3) (g) (ii) of the December 12, 2002, memorandum from the Administration and asked for clarification of the following: The County's overall estimated payment of $2.2 million per year over twenty years is based on certain actuarial assumptions that are inconsistent with those used by the City Fire Pension Board actuary City Manager McNees stated that the validity of the assumption is unknown. Commissioner Martin asked for clarification of the proposed County's calculation of $1.7 million. City Manager McNees stated that the preference is to arrive at a number through some logic; that an arbitrary calculation is not supported and quoted the following recommended revision to proposed Amendment No. 2: - The City agrees to enter into Eurther negotiations with the County for the purpose of defining a financial contribution by City with respect to the Fire Pension Fund. City Manager McNees stated that the proposed change concerns not only the amount of the financial contribution but also the logic upon which the financial contribution is based. Vice Mayor Palmer stated that the Pension Board hires an actuary; that the actuarial calculation is the basis upon which the calculations must be made according to State law; that the calculation is performed objectively; that the calculation does not include City or County contributions; that reliance is BOOK 53 Page 24528 12/16/02 2:30 P.M. BOOK 53 Page 24529 12/16/02 2:30 P.M. placed on an actuarial firm to perform the calculation; that various scenarios can be examined by the actuarial firm; that the calculations are not based on emotions or positions. City Manager McNees stated that the first question is the payment in total; that the second question is if the City agrees to pay the amount which is defined in the Interlocal Agreement as the City's responsibility to avoid a forced deconsolidation; that the City's actuary is the final authority for the amount of the total payment. City Auditor and Clerk Robinson stated that the State will only recognize the calculations of the Pension Board's actuary. Vice Mayor Palmer stated that the City does not wish unfairness towards the County; that the desire is to address the issues professionally and accurately for everyone involved; that the goal is to divide responsibility between the City and the County fairly; that the issue should be resolved fairly and unemotionally; that the Fire Department will be deconsolidated if the issue is not resolved; that taking action at the present time does not eliminate the possibility of deconsolidation; that all options should be examined; that the understanding is the firefighters retiring after the 1998 benefits enhancements are not being affected by proposed Amendment No. 2. City Manager McNees stated that disagreement has existed between the County's and City's legal experts regarding the benefits for the firefighters retiring after the benefit enhancements were put into place; that County Staff informed the Administration of the willingness to accept the City's legal opinion and will not seek a rollback of the benefits; that the agreement is not in writing but was received verbally over the telephone. Vice Mayor Palmer requested the Administration to review the proposed revisions. City Manager McNees referred to the proposed revisions to proposed Amendment No. 2 and stated that the recommendation is to: 1. Delete the sixth WHEREAS Clause as follows: WHEREAS, the City and County both desire to amend the Agreement such that the County shall have until February 11, 2003, at 5:00 p.m. within which it shall have the option, in its sole discretion, to give written notice of termination of the Agreement effective September 30, 2003 at 11:59 p.m., and 2. Amend Paragraph 1 to amend Section 12.3 of the Agreement as amended by Amendment 1 as follows: Add: COUNTY shall repeal COUNTY Resolution No. 2003-323, dated December 3, 2002, such repeal having the effect such that COUNTY's termination of the Agreement effective September 30, 2003 at 11:59 p.m., as noticed in such Resolution, shall not take effect and shall be null and void. Delete: Notwithstanding the foregoing provisions of this Section 12.3, the COUNTY shall have until February 11, 2003 at 5:00 p.m. within which to notify the CITY in writing that it has elected, in its sole discretion, to terminate the Agreement effective September 30, 2003 at 11:59 p.m. 3. Amend Paragraph 5 as follows: Add: The City agrees to enter into further negotiations with the County for the purpose of defining a financial contribution by City with respect to the Fire Pension Fund, not to exceed five hundred thousand ($500,000.00) dollars, to be payable on such terms and at such time as is mutually agreed by the City and the County. Delete: The extent of the anticipated City contributions is dependent upon the extent to which changes are made to the Fire Pension Code as more fully described in letters dated November 15 and November 20, 2002 from David Bullock to Michael A. McNees. City Manager McNees stated that a suggestion was made to add revenue enhancements; that the addition of revenue enhancements should be discussed. Vice Mayor Palmer stated that revenue enhancements should be added to the recommended revisions. BOOK 53 Page 24530 12/16/02 2:30 P.M. BOOK 53 Page 24531 12/16/02 2:30 P.M. Commissioner Quillin agreed. City Manager McNees stated that the understanding is the language would indicate the City and County agree to consider revenue enhancements. City Attorney Taylor stated that the language should be kept as simple as possible; that Staff of the City Attorney's Office drafted the following language as an additional revision to proposed Amendment No. 2: The County agrees to advertise and conduct public hearings by February 3, 2003, to consider modifying the assessment methodology as set forth in Sarasota County Ordinance 96- 056 which provides funding for fire and emergency services. Commissioner Quillin stated that the language should not include EMS services since vacant land cannot be assessed for EMS services. City Manager McNees stated that the following additional phrase is suggested to provide sufficient detail in the recommended revisions to proposed Amendment No. 2: . i.e., including the assessment of the vacant property for fire services. Vice Mayor Palmer stated that the initials e.g., meaning "for example" should be used rather than i.e., which means "that is." City Manager McNees stated that the reference to unilateral termination in proposed Amendment No. 2 was a concern which was raised and asked if the Commission wished to address the issue in the recommended revisions to proposed Amendment No. 2? Vice Mayor Palmer stated that the issue pertaining to reference to unilateral termination should be addressed in the recommended revisions to proposed Amendment No. 2. City Manager McNees stated that removing the language concerning unilateral termination should be carefully considered. Commissioner Quillin stated that the City can notify the County of deconsolidation if the level of service falls below a certain point; that the City may wish to have a City Fire Department in 2015 after the existing firefighters have retired; that the City should not give up the right to have a City Fire Department at some future date. Vice Mayor Palmer asked the term of the Interlocal Agreement? City Manager McNees stated that the term is 20 years if extended at the present time; that the Interlocal Agreement expires in the year 2015. Commissioner Quillin stated that the City still has fire stations and property; that the issue does not just surround firefighters; that the agreement is silent concerning former City firefighters; that a question is if the County will purchase the property from the City at the time the last firefighter retires in 2015. Mayor Mason asked if the recommended revisions to proposed Amendment No. 2 should include changes to the language relating to unilateral termination? City Manager McNees stated that the strongest position would be to remove the County's ability to terminate unilaterally but leave the City's ability to terminate unilaterally in place. Commissioner Martin stated that the position could be a deal breaker and overshadows the original goal; that unilateral termination is a negotiable issue. Commissioner Quillin asked for clarification of language relating to the DROP Plan. City Manager McNees stated that the DROP Plan is negotiated between the bargaining unit and the employer; that the City has no ability to institute a DROP Plan. City Auditor and Clerk Robinson stated that the IAFF must sign off on the DROP Plan. Commissioner Quillin stated that the IAFF should consider the DROP Plan as the City firefighters are treated differently; that County firefighters have a DROP Plan; that discrimination towards City firefighters is not pleasing. BOOK 53 Page 24532 12/16/02 2:30 P.M. BOOK 53 Page 24533 12/16/02 2:30 P.M. City Attorney Taylor stated that the Commission's becoming involved in collective bargaining issues with another entity is not desired; that State law may not allow the City or the Commission to become involved in collective bargaining; that questions to the County can be raised on the record; that the City may not be allowed under State law to enter into negotiations with the IAFF. City Manager McNees stated that negotiation are still open at the present time; that a contract has not been ratified. Vice Mayor Palmer stated that a joint meeting was previously held with the City and County Commissions to discuss the Share Plan; that conversations were held pertaining to the DROP Plan but were not acted upon. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to approve proposed Amendment No. 2 as submitted by the County to the Fire and Emergency Services Interlocal Agreement between the City and the County with the revisions recommended by the Administration as follows and also including the verbal changes discussed: 1. Delete the sixth WHEREAS clause as follows: WHEREAS, the City and County both desire to amend the Agreement such that the County shall have until February 11, 2003, at 5:00 p.m. within which it shall have the option, in its sole discretion, to give written notice of termination of the Agreement effective September 30, 2003 at 11:59 p.m., and 2. Amend Paragraph 1 to amend Section 12.3 of the Agreement as amended by Amendment 1 as follows: Add: COUNTY shall repeal COUNTY Resolution No. 2003-323, dated December 3, 2002, such repeal having the effect such that COUNTY's termination of the Agreement effective September 30, 2003 at 11:59 p.m., as noticed in such Resolution, shall not take effect and shall be null and void. Delete: Notwithstanding the foregoing provisions of this Section 12.3, the COUNTY shall have until February 11, 2003 at 5:00 p.m. within which to notify the CITY in writing that it has elected, in its sole discretion, to terminate the Agreement effective September 30, 2003 at 11:59 p.m. 3. Amend Paragraph 5 as follows: Add: The City agrees to enter into further negotiations with the County for the purpose of defining a financial contribution by City with respect to the Fire Pension Fund, not to exceed five hundred thousand ($500,000.00) dollars, to be payable on such terms and at such time as is mutually agreed by the City and the County. Delete: The extent of the anticipated City contributions is dependent upon the extent to which changes are made to the Fire Pension Code as more fully described in letters dated November 15 and November 20, 2002 from David Bullock to Michael A. McNees. Vice Mayor Palmer requested that the City Attorney restate the verbal changes discussed. City Attorney Taylor stated that the Commission would be authorizing the preparation of a revised Amendment No. 2 for signature and execution incorporating the revisions proposed by the Administration for presentation to the County; that the word "annually" will be incorporated in the addition proposed for Paragraph 5; that new language concerning the methodology for the County Ordinance relating to assessments for fire services to provide revenue enhancements such as including vacant parcels in the fire assessments was also proposed as Paragraph 6. Commissioner Quillin asked for clarification that the motion does not indicate the City has agreed to any proposals and only requires the City hold a public hearing at the February 3, 2003, Regular Commission meeting at which time final action can be taken? City Attorney Taylor stated that the motion indicates those proposals to which the City Commission has agreed and is not indicative of the proposals to which the County will agree; that the motion does not indicate approval of the County proposal. BOOK 53 Page 24534 12/16/02 2:30 P.M. BOOK 53 Page 24535 12/16/02 2:30 P.M. Vice Mayor Palmer stated that the intent of the motion is the City and County Administrations will continue to negotiate on a number of issues presented; that additional information should be presented to the City and County Commissions prior finalization. Commissioner Quillin agreed. Mayor Mason called for a vote on the motion as clarified to: 1. Delete the sixth WHEREAS clause as follows: WHEREAS, the City and County both desire to amend the Agreement such that the County shall have until February 11, 2003, at 5:00 p.m. within which it shall have the option, in its sole discretion, to give written notice of termination of the Agreement effective September 30, 2003 at 11:59 p.m., and 2. Amend Paragraph 1 to amend Section 12.3 of the Agreement as amended by Amendment 1 as follows: Add: COUNTY shall repeal COUNTY Resolution No. 2003-323, dated December 3, 2002, such repeal having the effect such that COUNTY's termination of the Agreement effective September 30, 2003 at 11:59 p.m., as noticed in such Resolution, shall not take effect and shall be null and void. Delete: Notwithstanding the foregoing provisions of this Section 12.3, the COUNTY shall have until February 11, 2003 at 5:00 p.m. within which to notify the CITY in writing that it has elected, in its sole discretion, to terminate the Agreement effective September 30, 2003 at 11:59 p.m. 3. Amend Paragraph 5 as follows: Add: The City agrees to enter into further negotiations with the County for the purpose of defining a financial contribution by City with respect to the Fire Pension Fund, not to exceed five hundred thousand ($500,000.00) dollars annually, to be payable on such terms and at such time as is mutually agreed by the City and the County. Delete: The extent of the anticipated City contributions is dependent upon the extent to which changes are made to the Fire Pension Code as more fully described in letters dated November 15 and November 20, 2002 from David Bullock to Michael A. McNees. 4. Add new language as Paragraph 6 concerning the methodology for the County Ordinance relating to assessments for Fire Services to provide revenue enhancements such as including vacant parcels in the fire assessments. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Quillin, yes; Mason, yes. 21. UNFINISHED BUSINESS: APPROVAL RE: DIRECT THE ADMINISTRATION TO PROCEED WITH CONSTRUCTION OF THE LIDO POOL - CONTINUED THE DISCUSSION TO THE JANUARY 6, 2003, REGULAR COMMISSION MEETING (AGENDA ITEM VI-2) CD 8:49 through 8:58 City Auditor and Clerk Robinson stated that Agenda Item concerning the Lido Pool is carried over from the afternoon meeting and was placed on the Agenda at the request of Vice Mayor Palmer and Commissioner Servian. Commissioner Quillin left the Chambers at 8:50 p.m. William Hallisey, Director of Public Works, and Duane Mountain, Public Works Capital Projects Manager, came before the Commission. Mr. Hallisey stated that a meeting was held at the Lido Pool site with a local pool contractor who requested the meeting in an effort to understand the ramifications regarding renovation verses replacement of the existing Lido Pool; that the local pool contractor suggested the thickness of and the size of the existing pool shell may be an asset for the City to build upon but keeping the existing shell will not result in a replication of the existing Lido Pool; however, the suggestion has some merit; that comparing the thickness of the shell without having to excavate the existing pool as part of the design is an option which can be brought back to the Commission; that funding to renovate or BOOK 53 Page 24536 12/16/02 2:30 P.M. BOOK 53 Page 24537 12/16/02 2:30 P.M. replace the existing pool has not been fully identified; that directing the Administration to commission through the bidding process the design of either a new pool or renovation of the existing pool whichever is most cost effective for the public is necessary to move forward. On motion of Vice Mayor Palmer, it was moved to direct the Administration to commission through the bidding process the design of either a new pool or renovation of the existing pool whichever is most cost effective for the public. Motion died for lack of a second. Commissioner Martin stated that directing the Administration to pursue design and construction of a pool without identifying funds or without having an agreement with the County regarding contributing a share of the funds is the reason the motion is not supported; that the motion cannot be supported without a better identification of the cost and available funds for the project. Commissioner Quillin returned to the Chambers at 8:57 p.m. Vice Mayor Palmer stated that the County has indicated a willingness to financially contribute to the renovation or replacement of the Lido Pool; that the City Manager has indicated City funds are available but must still be identified; that moving ahead with the design of the pool is desired; that continuing to move the project forward is a community concerni that the funding will be identified; that the community has also indicated the possibility of private funding support; that the general consensus is to move forward with the pool; that an ad hoc committee to development a master plan for the Lido Beach area is in the process of being formed; that the most important issue is to start moving on constructing the pool. Mr. Hallisey stated that the estimate to replace the existing pool is $400,000; that the amount could be less if the shell of the pool is saved; that the County originally offered $125,000 based on a $250,000 estimate of repairing the pool prior to the discovery of the Sarasota Health Department issues regarding the pool; that funding sources of up to $135,000 have been identified; that the project could be pulled together if the both the City and the County each contributed an additional $70,000; that the total cost will become Clearer once the pool is designed; that the City will then have a firmer proposition to present to the County regarding a financial contribution. Commissioner Martin stated that $400,000 is only to replace the pool and does not address several other deficiencies of the Lido Beach facility such as the locker room, poor landscaping, and fencing; that the City should address the Lido Beach facility as a whole; that hearing from the ad hoc committee and understanding the funding sources from both the private and public sector is desired. Mayor Mason stated that having a full Commission present to act on a decision concerning the Lido Pool is desired. Commissioner Quillin stated that reviewing a master plan for the Lido Beach facility is desired; that subjecting the area to construction at a cost of $400,000 to replace or $480,000 to renovate the pool and again to implement a master plan is not desired; that having the votes to save the existing pool may not be available; that removing the pool and beginning anew with a master plan is desired; however, saving and rededicating the diving platform is preferred. On motion of Vice Mayor Palmer and second of Mayor Mason, who passed the gavel to Vice Mayor Palmer, it was moved to continue the discussion of the replacement of the Lido Pool to the January 6, 2003, Regular Commission meeting. Motion carried unanimously (3 to 1): Mason, yes; Martin, no; Quillin, yes; Palmer, yes. 22. UNFINISHED BUSINESS: STATUS REPORT RE: UPDATE OF THE MINOR CHANGES TO THE CONCEPT PLAN FOR LANDSCAPING THE JOHN RINGLING CAUSEWAY BRIDGE RECEIVED THE REPORT AND AUTHORIZED THE ADMINISTRATION TO DEVELOP CONSTRUCTION DOCUMENTS AND ADVERTISE THE PROJECT FOR BID BASED ON THE REVISED CONCEPT PLAN RELATING TO THE MINOR CHANGES TO THE LANDSCAPING PLAN FOR THE JOHN RINGLING CAUSEWAY BRIDGE (AGENDA ITEM VI-3) CD 8:58 through 9:27 William Hallisey, Director of Public Works, Duane Mountain, Public Works Capital Projects Manager, and David Johnston, Principal, David Johnston and Associates, came before the Commission. Mr. Hallisey stated that the plans for the landscaping project for the land at the approaches to John Ringling Causeway Bridge BOOK 53 Page 24538 12/16/02 2:30 P.M. BOOK 53 Page 24539 12/16/02 2:30 P.M. are complete; that Commission authorization is necessary to move forward; that authorization is urgent as the City is in the process of completing a grant application for matching funds from the Florida Department of Transportation (FDOT); that the estimated cost of the project is $1.5 million; that the City has received a gift of $200,000 from Gilbert Waters toward the project; that $315,000 from the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, was dedicated to the project in the fiscal year (FY) 2002/03 Capital Improvement Program (CIP); that the $315,000 can be combined with the $645,000 transferred from the State to PCL Civil Contractors, Inc. (PCL), and the $200,000 gift to leverage potential grant funding sources to develop the funding necessary to meet the estimated $1.5 million project cost. Mr. Hallisey referred to computer-generated slides displayed on the Chamber monitors throughout the presentation and stated that the area to be landscaped near the John Ringling Causeway Bridge is an opportunity of a lifetime and should be showcased to the public; that the City is accruing an additional three acres of waterfront park; that the cost to purchase three acres of waterfront property in Sarasota is unknown; that on April 24, 2000, the Commission reviewed the landscape conceptual plans for the John Ringling Causeway Bridge and directed Staff to solicit public input regarding the design; that the design includes sidewalks, trails, and bicycle paths as well as picnic, fishing, and relaxation areas; that the landscaping plan is the beginning of the west multi-use recreational trail (MURT) to connect the Bayfront to the Town of Longboat Key and Lido Key; that changes in the bridge design and input received from the public has necessitated changes in the landscape design; that the issues and concerns received from the Bird Key residents have been addressed. Mr. Hallisey referred to a December 16, 2002, letter from the Bird Key Improvement Association recently distributed to the Commission and stated that the letter raised several concerns of the Bird Key residents; that most of the concerns have been addressed; that three major issues identified are: 1. Tree Placement Mr. Hallisey stated that strategically installing trees will lessen the impact to the view corridor for the Bird Key residents; that the landscaping architect is committed to field locating the trees to ensure the views are maintained as much as possible. 2. Passive Recreational Activities Mr. Hallisey stated that passive recreational activities will be created for the west end landscape area near Bird Key. 3. Sidewalk Placement Mr. Hallisey stated that several residents of Seagull Lane do not desire the placement of a sidewalk in the area; however, the sidewalk is appropriate for security reasons and easy access for the public; that law enforcement has indicated a greater use of a public facility will decrease the use by vagrants. Mr. Mountain referred to an architectural rendering of the East End Landscape Plan of the John Ringling Causeway Parks displayed on the Chamber monitors and stated that the minor changes to the design of the bridge affected the location of the retention pond and the Hart's Landing parking area on the east end of the landscaping plan. Mr. Johnston stated that FDOT moved the original parking location for Hart's Landing as a result of gradient and safety issues; that the parking has been relocated to a linear area with higher elevation to avoid flooding; that parking for the Tony Saprito Fishing Pier has been added on the northwestern tip of the East End Landscape Plan under the span of the bridge. Commissioner Quillin stated that the parking area for the Tony Saprito Fishing Pier appears smaller than the original design. Mr. Johnston stated that the parking area is as large as possible for the space available; that the plan depicts approximately 15 spaces; however, an exact number of spaces is unknown. Commissioner Quillin stated that 15 spaces is not enough to accommodate the number of fisherman on a good fishing night at Tony Saprito Fishing Pier. Mr. Johnston stated that 20 additional spaces are available on the southeastern side of the bridge near Hart's Landing. BOOK 53 Page 24540 12/16/02 2:30 P.M. BOOK 53 Page 24541 12/16/02 2:30 P.M. Commissioner Quillin stated that fishermen utilizing the Tony Saprito Fishing Pier will not park at Hart's Landing at night; that the original parking design provided an area for disabled individuals to drive up to Hart's Landing, honk their horn, and receive service from Hart's Landing; that the effort complied with the Americans with Disabilities Act (ADA) ; and asked the reason the Hart's Landing parking area was relocated? Mr. Johnston stated that FDOT made the changes in the design scheme. Mr. Hallisey stated that more parking spaces have been added to the northeast area near Hart's Landing; that the parking area is larger than previously indicated in the original concept plan. Vice Mayor Palmer asked the number of additional parking spaces? Mr. Johnston stated that approximately 20 to 25 spaces were presented in the original design; that the Commission requested additional parking in proximity to the Tony Saprito Fishing Pier; that approximately 15 additional spaces are provided on the northwestern tip of the East End Landscape Plan under the north span of the bridge. Commissioner Quillin stated that the original parking was closer in proximity to the Tony Saprito Fishing Pier sO fishermen's vehicles can remain within view from the pier; that more than 15 fisherman may fish at once; that problems will occur if fisherman have to park in the location near Hart's Landing; and asked the location of boat launch ramp? Mr. Johnston stated that the boat ramp for launching has been eliminated as part of the Commission's direction. Commissioner Quillin stated that the Commission did not direct Staff to eliminate the boat launch ramp; that the issue regarding the boat launch ramp was to come back before the Commission; that a discussion was recently held with Dennis Hart, owner of Hart's Landing; that Mr. Hart has never been contacted regarding the elimination of the boat launch ramp and indicated mostly jet skiers launch from the area; that Staff previously indicated a lack of parking for the area as the reason to eliminate the boat launch rampi that the new plans indicate 20 parking spaces for the area; that very few places for boat launching exist in the City; that the eastern end of the John Ringling Causeway Bridge is a fishing area; that the new parking design is not as originally presented and the configuration of the parking was different; that the lack of a boat launch ramp is not pleasing; that 20 parking spaces for Hart's Landing verses a boat launch ramp does not help the business. Mr. Mountain stated that a discussion was held with Mr. Hart regarding the boat launch rampi that Mr. Hart was asked if he was comfortable with removing the boat launch ramp from the area; that Mr. Hart indicated a minor part of his business is generated by the jet skiers; that Mr. Hart also suggested the City find an alternative launch location for the jet skiers; that the reconfiguration of the boat launch ramps of Ken Thompson Park will provide an alternative location for the jet skiers to launch; that the parking of boat trailers and trucks in the parking area near Hart's Landing is the issue; that the area is not wide enough to accommodate vehicles pulling trailers; that the trailers will extend into the roadwayi that a small parking area for boat trailers was originally evaluated; however, such an area does not fit in the space available. Commissioner Quillin stated that eliminating the boat launch ramp near Hart's Landing will increase the traffic congestion to Ken Thompson Park. Mr. Hallisey stated that the east end of the John Ringling Causeway Bridge is a confined area; that few options are available; that parking of vehicles with trailers will require additional space; that firm design standards for ingress and egress to the area must be met; that the parking is maximized for the location; that the Commission was advised in an August 20, 2002, interoffice memorandum from V. Peter Schneider, Deputy City Manager with an attached July 30, 2002, interoffice memorandum to the City Manager from Dale Haas, Technical Service Manager and Duane Mountain, Public Works Capital Projects Manager, of the reasons for the removal of the boat launch ramp and the alternative location of Ken Thompson Park for launching; that Staff will meet with the owner of Hart's Landing again, if necessary. Vice Mayor Palmer asked the timing requirement in the efforts to obtain a grant for the landscaping project and if the Commission must take action at this time? BOOK 53 Page 24542 12/16/02 2:30 P.M. BOOK 53 Page 24543 12/16/02 2:30 P.M. Mr. Mountain stated yes; that the deadline for the grant application is February 1, 2003; however, FDOT must be provided 30 days review time with ample time for the City to make any changes; that the project will be $300,000 short in funding in the absence of the grant. Commissioner Martin stated that renderings of the landscaping plans have been on display in the foyer of City Hall for some time; that the conversation regarding the loss of the boat launch ramp is recalled; that the understanding was the area will be a greenspace-park for fishermen and a passive area for picnicking; that a boat launch ramp is no longer a possible use for the area; and asked for clarification regarding the location of the retention area and if the area is wet or dry? Mr. Mountain stated that the retention area is currently being utilized by boaters on the southeastern side of the John Ringling Causeway; that the site will be a dry retention area. Vice Mayor Palmer referred to the West End Landscape Plan for the John Ringling Causeway Parks displayed on the Chamber monitors and asked if the concerns identified in the December 16, 2002, letter from the Bird Key Improvement Association have been addressed? Mr. Hallisey stated yes. Commissioner Quillin left the Chambers at 9:20 p.m. Mr. Mountain stated that the hardscape elements of the landscape plan will include benches and swings similar to the Bayfront Park; that a pavilion/shade structure will not be constructed on the west end of the John Ringling Causeway Park in an effort to address the desire of the Bird Key Residents for a passive area; that a pavilion/shade structure will attract large groups of people which is not desired; that the pavilion/shade structure will be constructed on the east end of the John Ringling Causeway Park for picnicking; that the west end of the John Ringling Causeway Park will include a seating wall and bicycle racks; that all areas are ADA accessible; that the sidewalks are 8-feet wide to accommodate emergency service vehicles; that discussions were held with the Sarasota Police Department (SPD) regarding compliance with the principles of the Crime Prevention Through Environmental Design (CPTED) program and elevation issues; that SPD is in agreement with the proposed design for the area; that the landscape elements include: Large scale plant material to visually reduce the size of the bridge; - Color; - Wildflowers as an FDOT grant requirement; - Hardy plant material; - Low volume drip and spray irrigation system; and Maintenance. Mr. Mountain stated that the annual maintenance cost of the landscape plan as indicated in the FY 2002/03 CIP is: One full time employee $37,200 Material 7,800 Total $45,000 Commissioner Martin asked who will be responsible for maintaining the area? Mr. Mountain stated that the City's Public Works Department will maintain the area. Mr. Hallisey stated that the area is currently maintained by the County and is part of the interlocal agreement between the City and the County regarding parks; that the recommendation is for the City to take over the new larger area and negotiate with the County to maintain an alternative location; that the $45,000 was anticipated during the budget process as an additional cost for maintenance for either the City or the County. Commissioner Martin stated that the question was to clarify if the maintenance will be contracted out or performed in-house. Mr. Hallisey stated that Staff is still evaluating the options. Commissioner Martin stated that irrigation will be necessary; and asked the manner in which and type of water utilized for irrigation? Mr. Johnston stated that potable water will be supplied until the reclaimed water main is installed in the area. BOOK 53 Page 24544 12/16/02 2:30 P.M. BOOK 53 Page 24545 12/16/02 2:30 P.M. Commissioner Martin asked if a fresh water source will be available and if drinking fountains will be available? Mr. Mountain stated that drinking fountains will not be installed at this time; however, drinking fountains can be installed since potable water will be utilized until the reclaimed water main is installed; that potable and reclaimed water lines will run parallel. Commissioner Martin stated that both lines will be installed. Mr. Mountain stated that is correct. Commissioner Martin asked if drinking fountains can be addressed in the proposed landscape plan? Mr. Hallisey stated yes. Commissioner Martin stated that a number of windsurfers utilize Bird Key Park; and asked if the activities of the windsurfers and parking for Bird Key Park will be curtailed? Mr. Hallisey stated that the parking area for Bird Key Park will be resurfaced and restriped to the existing conditions. Commissioner Martin asked if the beach area of Bird Key Park will remain the same? Mr. Johnston stated that the grant application is limited to spending State funding on State road rights-of-way; that the Bird Key Park is located outside the State road right-of-way; that City funds can be spent for Bird Key Park but not State funds. Commissioner Martin asked if seawalls will be installed in any areas of existing beach. Mr. Mountain stated no. Vice Mayor Palmer asked the location of the MURT? Mr. Johnston stated that the MURT will be constructed on the south side of the landscape plan on the East End Landscape Plan; that part of the MURT is interrupted by the emergency access trail on the West End Landscape Plan; that the MURT is on both sides of John Ringling Causeway; that one portion of the MURT is in front of Bird Key. Vice Mayor Palmer stated that the Bird Key residents do not desire the MURT along the south side of John Ringling Causeway. Mr. Johnston stated that a sidewalk almost adjacent to the Bird Key fence currently exists along the south side of John Ringling Causeway; that the MURT will be installed as far north as possible. Vice Mayor Palmer asked the amount of footage between the MURT and the Bird Key fence? Mr. Johnston stated 25 to 30 feet. Vice Mayor Palmer stated that the MURT will not be very close to the homes. Mr. Johnston stated that is correct. Mayor Mason referred to the minutes of the July 1, 2002, Regular Commission meeting and stated that the minutes indicate a boat launching facility was discussed; however, the boat launch was not included in the conceptual plan as a result of inadequate space for parking of boat trailers; that a vote was not taken by the Commission. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to receive the report and authorize the Administration to develop construction documents and advertise the project for bid based on the revised concept plan relating to the minor changes to the landscaping plan for the John Ringling Causeway Bridge. Commissioner Martin stated that the elimination of the existing launch area near Hart's Landing may cause the jet skiers to utilize Bird Key Park; that conflicts may occur between the jet skiers and the windsurfers at Bird Key Park which may require regulating in the future. Mr. Hallisey stated that the issue could be brought back before the Commission if problems occur; that the public may be utilizing small areas of rights-a-way adjacent to the water for certain purposes such as boat launching near Hart's Landingi that the Florida Department of Environmental Protection (FDEP) and the Southwest Florida Water Management District (SWFWMD) prohibit some of the casual use area which will be eliminated; that the large dry retention area is required; that Staff attempts to maximize utilization of areas for certain recreational purposes yet at the same time meet FDEP and SWFWMD regulations. BOOK 53 Page 24546 12/16/02 2:30 P.M. BOOK 53 Page 24547 12/16/02 2:30 P.M. Mayor Mason called for a vote on the motion to receive the report and authorize the Administration to develop construction documents and advertise the project for bid based on the revised concept plan relating to the minor changes to the landscaping plan for the John Ringling Causeway Bridge. Motion carried unanimously (3 to 0): Martin, yes; Palmer, yes; Mason, yes. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to extend the meeting past 9:30 p.m. to complete the Agenda. Mayor Mason asked if the meeting will be extended to a certain time? Vice Mayor Palmer stated that the intent of the motion is to complete the next three Agenda items. Mayor Mason called for a vote on the motion. Motion carried (2 to 1): Martin, yes; Palmer, yesi; Mason, no. City Auditor and Clerk Robinson stated that the understanding is not to discuss Commission Board Reports or present Commissioner or Administrative Remarks. Vice Mayor Palmer stated that intent is to finish the New Business items of the Agenda and not the rest of the Agenda. Mayor Mason stated that extending the meeting to complete the next three Agenda items only is supported. Commissioner Quillin returned to the Chambers at 9:30 p.m. 23. NEW BUSINESS: ADOPTION RE: : PROPOSED RESOLUTION NO. 03R-1560, APPROPRIATING $200,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE NEW PENNY SALES TAX FUND TO PARTIALLY FUND MAST ARM SIGNALS FOR MAIN STREET AND THE LEMON AVENUE BEAUTIFICATION PROJECTS; ETC. ADOPTED (AGENDA ITEM XIII-1) CD 9:30 through 9:34 Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Davis-Shaw, Deputy Director of Engineering/Deputy City Engineer, came before the Commission. Ms. Davis-Shaw stated that funding is requested for the replacement of three span-wire traffic signals with mast arm traffic signals at the intersections of Main Street and Osprey Avenue, Main Street and Orange Avenue, and Main Street and Lemon Avenue; that funding of $200,000 is budgeted for Traffic Signalization beginning in fiscal year (FY) 2003/04 for one intersection per yeari that replacing the traffic signals has become a high priority to coordinate with the Main Street and Lemon Avenue Streetscape projects; that the $495,000 required for the signal replacement project will not be available until October 2004 as funds accumulate in the traffic signal account over the next two years; that request is to advance the funds by one yeari that the funds will be repaid by the FY 2003/04 budgeted line item. Ms. Davis-Shaw continued that $500,000 is currently budgeted in FY 2002/03 for the Citywide Transportation Master Plan (CTMP) by utilizing Tax Increment Financing (TIF) funds; that the traffic replacement project is a greater priority at this time than the CTMP; that the Downtown Mobility Study must be completed and accepted prior to the start of the CTMP; therefore, the intent is to transfer $295,000 of the CTMP to the proposed project; that $295,000 will be added to the CTMP in October 2003 from the TIF fund; that the CTMP can begin at that time. Vice Mayor Palmer asked the reason for the short notice of the replacement of the traffic signals which were not in the initial proposal? Mr. Daughters stated that Staff made an error which will not occur again; that the Engineering Department assumed the traffic signal replacements were included in the Main Street and Lemon Avenue Streetscape projects; that the Public Works Department assumed the Engineering Department budgeted for the items; that traffic signalization projects have been traditionally funded at a rate of $50,000 per year; that accumulating significant funds takes a long time; therefore, the Engineering Department requested an additional $200,000 for the funding beginning in FY 2003/04. Vice Mayor Palmer stated that replacement of the traffic signals must be done at some point; that replacing the traffic signals during the Main Street and Lemon Avenue Streetscape projects makes sense. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1560 in its entirety. BOOK 53 Page 24548 12/16/02 2:30 P.M. BOOK 53 Page 24549 12/16/02 2:30 P.M. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to approve the funding plan and proposed Resolution No. 03R-1560. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. City Auditor and Clerk Robinson stated that next two Agenda Items are celated and can be heard together. 24. NEW BUSINESS: ADOPTION RE: : RESOLUTION NO. 03R-1563, APPROPRIATING $123,500 FROM THE UNAPPROPRIAIED FUND BALANCE OF THE GENERAL FUND TO PROVIDE ADVANCE FUNDING TO THE ST. ARMANDS SPECIAL BUSINESS IMPROVEMENT DISTRICT TO BE REPAID FROM THE INITIAL ASSESSMENTS TO BE COLLECTED IN 2003/04; ETC. - ADOPTED (AGENDA ITEM XIII-2) AND NEW BUSINESS: APPROVAL RE : REQUEST FOR THE ST. ARMANDS SPECIAL BUSINESS NEIGHBORHOOD IMPROVEMENT DISTRICT REQUEST FOR ADVANCE FUNDING IN THE AMOUNT OF $123,500 = APPROVED TO CONSIDER THE MEDIAN IMPROVEMENT OF $37,000 AS PART OF THE FISCAL YEAR 2003/04 BUDGET PROÇESS AND APPROVED THE REQUEST OF THE ST. ARMANDS SPECIAL BUSINESS NEIGHBORHOOD IMPROVEMENT DISTRICT TO ADVANCE $123,500 WHICH WILL BE REPAID FROM THE INITIAL ASSESSMENT COLLECTED IN 2003/04 WITH INTEREST (AGENDA ITEM XIII-3) CD 9:34 through 9:49 V. Peter Schneider, Deputy City Manager, and Martin Rappaport, Chair, St. Armands Special Business Neighborhood Improvement District, came before the Commission. Mr. Schneider stated that the St. Armands Special Business Neighborhood Improvement District is requesting the City to advance a portion of the funds which will be received from the initial assessment to make improvements to the District. Mr. Rappaport stated that several years ago median neck-out improvements were implemented on South Boulevard of the Presidents to provide an area for the statue of John Ringling; that the median neck-out improvements were one of the first infrastructure improvements to St. Armands Circle and have been well received by the public; that the median neck-out improvements provided increased pedestrian safety by reducing exposure to vehicle traffic at the crossing by 50 percent and has caused a natural slowing of vehicular traffic on the rotary approach to the area. Mr. Rappaport continued that at the September 4, 2001, Regular Commission meeting, the St. Armands Commercial Landowners Association requested the City consider installing median neck- out improvements at the remaining three median crosswalks on St. Armands Circle; that each median improvement costs approximately $60,000 to $75,000; that St. Armands Circle is the only area in the Commercial Tourist (CT) Zone District which attracts thousands of pedestrians everyday; that Sarasota is obligated to protect and provide a safe environment to the public; that the request is for the City to partner with the St. Armands Special Business Neighborhood Improvement District to make necessary improvements to the median leading to Lido Beach prior to the 2003/04 tourist season; that the cost is approximately $37,500 for each partner; that St. Armands Circle is at a critical turning point and must be restored as a jewel of the community; that consideration to partner for the median neck-out improvements is requested. Commissioner Quillin referred to the Agenda Request form included in the Agenda backup material and stated that the information indicates the request is for a $123,500 advance through a special appropriation. Mr. Rappaport stated that the St. Armands Special Business Neighborhood Improvement District is requesting two items: 1. A loan of $123,500 to the St. Armands Special Business Neighborhood Improvement District; and 2. To consider an allocation of $37,500 toward the median neck-out improvement. Commissioner Quillin stated that the $37,500 must be identified in the budget by Staff. Commissioner Martin stated that the funds are not included in the fiscal year (FY) 2002/03 budget. City Manager McNees stated that the $37,500 in matching funds are not currently budgeted; that the recommendation is to BOOK 53 Page 24550 12/16/02 2:30 P.M. BOOK 53 Page 24551 12/16/02 2:30 P.M. consider the matching funds during the FY 2003/04 budget review process. Mr. Rappaport stated that the concern is the improvements will be delayed for an additional 18 months if the funding is not considered until the FY 2003/04 budget; that the improvements must be completed during the summer months to avoid an adverse impact on the tourist season for St. Armands Circle. Commissioner Quillin stated that the ability to identify available funding is unknown; that the FY 2002/03 budget is balanced; that the issue should be referred to Staff. Mr. Rappaport stated that in FY 2001/02, the project was referred to Staff for consideration in the FY 2002/03 budget; that now, the project is again being referred to Staff for inclusion in the FY 2003/04 budget for implementation in 2004. Commissioner Quillin stated that the timing for completing the improvements is understood; however, the budget is constrained for FY 2002/03; that the project should be referred to Staff to attempt to identify funding for the project. Mr. Rappaport stated that the project is very importanti that the St. Armands Special Business Neighborhood Improvement District is the first in the community; that the City should take the opportunity to show the community an improvement district can work; that immediate physical improvements for St. Armands Circle are necessary. Mr. Schneider stated that the funding would be available October 1, 2003, if the project is approved in the FY 2002/03 budget review processi that the specifications and bidding could be completed prior to October 1, 2003; that a contract could be awarded as close to October 1, 2003, as possible; that construction would be completed prior to the start of the 2003/04 season; that funding is not available in the current budget. Commissioner Martin asked the amount of time to complete the improvements? Commissioner Quillin stated that the prior improvements to St. Armands Circle were completed expeditiously. Commissioner Martin stated that the prior improvements seemed to occur over night. William Hallisey, Director of Public Works, came before the Commission and stated that replicating the expeditious timeline may not be possible; that designing the improvements is a funding issue; that the City does not have the Staff to design the project with all the other projects being implemented at this time; that funding for the engineering design is necessary if the Commission desires to have the project completed by October 1, 2003. Vice Mayor Palmer stated that the request is for an advance of $37,500; that the City's portion can be approved during the FY 2003/04 budget review process; that the cost of the engineering design can be funding from the $37,500 advance. Mr. Hallisey stated that $37,500 is adequate funding to design the project. Commissioner Quillin asked if the intersection at Boulevard of the Presidents near the proposed improvements is the area being evaluated for stormwater and sewer improvements? Mr. Hallisey stated that part of the engineering design will determine any issues regarding utilities for the area; that the estimated cost of $75,000 may cover the median neck-out improvements if major utility improvements are not required. Commissioner Quillin asked if allocating $37,500 of the $123,500 is sufficient funding for the engineering design? Mr. Hallisey stated that the engineering design would be contracted out; that the cost is approximately 10 to 12 percent of the project; that the contract administration could be completed in-house; that the engineering design will cost approximately $15,000 if utilities are not an issue. Commissioner Quillin asked the reason the City would not be charging interest on the advanced funding. City Manager McNees stated that charging interest is recommended. Mr. Rappaport asked if the interest is negotiable? BOOK 53 Page 24552 12/16/02 2:30 P.M. BOOK 53 Page 24553 12/16/02 2:30 P.M. City Manager McNees stated that the interest is based on the rate at which the City invests the ad valorum funds being loaned; that the City must be repaid the interest lost as a result of the Loan. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to consider the median improvement of $37,000 as part of the fiscal year 2003/04 budget process and approve the request of the St. Armands Special Business Neighborhood Improvement District to advance $123,500 which would be repaid from the initial assessment to be collected in 2003/04 with interest. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1563 in its entirety. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to adopt Resolution No. 03R-1563. Commissioner Quillin asked if the proposed Resolution should include the repayment with interest? City Auditor and Clerk Robinson stated the repayment of interest is addressed in another motion; that Resolution No. 03R-1563 is simply to appropriate the funds for availability. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt Resolution No. 03R- 1563. Motion carried unanimously (4 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. Mayor Mason stated that something in the air in the Chambers is adversely affecting her breathing; that Staff should look into the problem immediately. Vice Mayor Palmer stated that something in the air may have been the cause of Commissioner Servian becoming suddenly ill. City Manager McNees stated that Commissioner Servian indicated something in the air in the Chambers was adversely affecting her; that she had inquired if the carpets were recently cleaned. Vice Mayor Palmer stated that some type of perfume in the air may be causing the problem. 25. ADJOURN (AGENDA ITEM XII) CD 9:49 There being no further business, Mayor Mason adjourned the Regular meeting of the City Commission of December 16, 2002, at 9:49 p.m. aslihe - CAROLYN J. MASON, MAYOR ATTEST 3ell - BILLY E. ROBINSON, CITY AUDITOR AND CLERK BOOK 53 Page 24554 12/16/02 2:30 P.M.