BOOK 55 Page 27007 02/09/04 5:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF FEBRUARY 9, 2004, AT 5:00 P.M. OR IMMEDIATELY FOLLOWING THE COMMISSION WORKSHOP PRESENT: Mayor Lou Ann R. Palmer participating by speaker telephone), Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, 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: Vice Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 5:00 p.m. Vice Mayor Martin stated that Mayor Palmer will be participating in the Special Commission meeting by speaker telephone due to illness. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGE TO THE ORDERS OF THE DAY - APPROVED CD 5:01 through 5:03 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add Agenda Item No. III, Presentation Re: Resolution No. 03-1643 approving Major Conditional Use Application No.03-CU-05, Resolution No. 04R-1690 granting a G Zone alver/APPlication No. 03-GZW-01, an Amendment to Development Agreement/Application No. 03-DA-01; and Sixth Amendment to Lease Agreement, Mote Marine Laboratory, Inc., per the request of City Attorney Taylor. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 2. APPROVAL RE: : SCOPE OF SERVICES AND COST FOR FURTHER ANALYSIS OF ALTERNATIVES AND RECOMMENDATIONS FOR THE PROVISIONS OF LEGAL SERVICES - APPROVED (AGENDA ITEM I) CD 5:04 through 5:10 Vice Mayor Martin stated that the Scope of Services to study the provision of legal services was considered at the February 2, 2004, Regular Commission meeting; that a concern was to assure a complete understanding of the Scope of Services; that a Revised Scope of Services including the cost has been received for Commission consideration. Commissioner Servian asked if the $16,000 indicated in the Revised Scope of Services is the total cost for the City including the original cost expended by the City? City Auditor and Clerk Robinson stated that the total cost for Phase Two is $16,000, which is in addition to the $10,900 for Phase One. Vice Mayor Martin stated that the Revised Scope of Services provides a further understanding of the deliverables and includes specified recommendations concerning the integration of legal service into the overall management of the City and controls which could be instituted for both the provision of legal services and the associated costs. On motion of Commissioner Bilyeu and second of Mayor Palmer, it was moved to approve the Revised Scope of Services as presented with the submission of a report to the Office of the City Auditor and Clerk no later than Wednesday, March 31, 2004. Mayor Palmer stated that lengthy conversations were held with Dr. Dan Beeman regarding the concerns; that the City can expect to receive a totally objective analysis and recommendations regarding legal services, whether in-house or not in-house, which is very important; that the City will handle legal issues properly which is of vital importance in the future; that approving the Revised Scope of Services is strongly supported; that the Revised Scope of Services prepared will enable the City to make an educated decision from objective information. Commissioner Servian stated that allocating $30,000 for the study is not a proper expenditure; that the interim report received provided significant necessary information enabling the Commission to move forward to control the City's legal costs; that the City BOOK 55 Page 27008 02/09/04 5:00 P.M. BOOK 55 Page 27009 02/09/04 5:00 P.M. Attorney has been trying to get the City's legal costs under control also; that the decision concerning legal services will ultimately be made by the Commission; that the investment is not wise. Commissioner Atkins stated that the concern is the expenditure; that the cost is exorbitant; that the motion is supported due to the significant amount of funds the City has already invested; that the final recommendations should be considered prior to making a decision. Vice Mayor Martin stated that the motion is supported; that the Commission is guaranteed to receive a recommendation regarding the structure of legal services; that the only information not forthcoming will be the various transition methods available if a change is recommended; that a Clear recommendation of the City's options can be expected; that the Commission will be ultimately responsible for the decision; that the matter of legal services is important; that Commissioner Servian has been instrumental in furtherance of the legal services matter; that the best move for the City is for the Commission to exercise objective and deliberative processes sO the additional information will be useful; that one-third of the pillar of the City's government is legal services; that the manner by which legal services are received and accessed is crucial; that the legal services issue is important now and for the future of the City. Mayor Palmer stated that the interrelationship among the three Charter Officials regarding legal services is unclear; that Dr. Beeman previously indicated the interrelationship of the Charter Officials would be included in the report; that the inclusion of the Charter Officials' interrelationship should be communicated either orally or in writing to Dr. Beeman to ensure a clear understanding. Vice Mayor Martin stated that the discussion is recalled; that clarification can be communicated to Dr. Beeman to avoid any potential misunderstandings; and asked if inclusion of the additional request in the motion is appropriate? Commissioner Bilyeu, as maker of the motion, with the approval of Mayor Palmer, as the seconder, stated that language should be included in the motion indicating the interrelationship of the Charter Officials should be included in the final report. Vice Mayor Martin called for a vote on the motion to approve the Revised Scope of Services including language indicating the interrelationship of the Charter Officials should be incorporated in the final report with a submission date to the Office of the City Auditor and Clerk no later than March 31, 2004. Motion carried (4 to 1): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, no; Martin, yes. 3. DISCUSSION RE: : MANAGEMENT OF THE FARMERS MARKET (AGENDA ITEM II) CD 5:10 through 7:00 Vice Mayor Martin stated that the relocation of the Farmers Market was discussed at the February 2, 2004, Regular Commission meeting; that the discussion was confined to the relocation of the Farmers Market; that in retrospect, doing sO may have seemed unfair considering all the concerns regarding the management and future of the Farmers Market raised by public speakers; that various vendors expressed concerns about various issues in terms of the present management; that a suggestion was made for another group to manage the Farmers Market; that a clear inderstanding of the Commission's direction to the Administration regarding short-term management and relocation should be provided; and asked the manner in which the issues are being handled and the City's partnership interest in the matter? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that in the 1970s, the Commission authorized the Downtown Association of Sarasota (Downtown Association) by motion to place the Farmers Market on Lemon Avenue; that a formal document was created in the summer of 2003 regarding the Farmers Market; that a usage permit which Staff felt was the most appropriate manner by which to handle the matter is nearing completion; that the general direction of the Commission was to formalize the past and present language in the document; that the necessity for a temporary relocation arose subsequent to completion; that the adopted Commission policy is the Downtown Association, now called the Downtown Partnership of Sarasota (Downtown Partnership), is the managing organization for the Farmers Market; that at the February 2, 2004, Regular Commission meeting, the Commission authorized the temporary relocation of the Farmers Market to the Pineapple Avenue area for the duration of the construction on Lemon Avenue; that the management issue was not addressed. Mr. Schneider continued that during the two or three weeks prior to the Commission's taking the action, the Sarasota Downtown BOOK 55 Page 27010 02/09/04 5:00 P.M. BOOK 55 Page 27011 02/09/04 5:00 P.M. Farmers Market group requested authorization to manage the operation of the Farmers Market; however, the Commission took no action regarding the matter; that the earlier adopted policy direction of the Commission was the Downtown Partnership should be the managing organization; that the Administration has been cooperating with the Downtown Partnership to make the relocation as smooth as possible; that the City Manager went into significant detail at the February 2, 2004, Regular Commission meeting regarding the actions the City has done to make the move as painless as possible; that the Sarasota Downtown Farmers Market made the request to manage the Farmers Market independently; that nothing exists to prevent the vendors of the Farmers Market from coming before the Commission and requesting such; that the Downtown Partnership will continue being supported until a formal request is made to the Commission by the Sarasota Downtown Farmers Market. Vice Mayor Martin asked for clarification of the time line for the forced relocation during the construction Downtown. Mr. Schneider stated that October 2004 is the earliest date the construction could be completed; that the October 2004 date is the anticipated date to return the Farmers Market to Lemon Avenue. Commissioner Servian asked if the Administration received a copy of the Articles of Incorporation for the Sarasota Downtown Farmers Market? Mr. Schneider stated no. Commissioner Servian stated that the legal ramifications should be addressed as the Farmers Market would be controlling its own destiny if the Sarasota Downtown Farmers Market has incorporated; and asked how an agreement can be entered into with the Downtown Partnership if the Farmers Market has incorporated and wants to operate independently? City Attorney Taylor stated that the fact the Sarasota Downtown Farmers Market has incorporated is no problem; that the destiny of the Farmers Market is in the hands of the Farmers Market; that the fact an entity was created does not actually alter the relationship with the City; that the new entity still must come to the Commission and request a change in the policy direction to the Administration. Vice Mayor Martin stated that the Farmers Market is located on public land for which the City is responsible; that a number of people are present at the Special Commission meeting to speak to the issue; that the time limit is three minutes for citizens to speak; that the City Auditor and Clerk will time the speakers and advise when one minute remains. The following people came before the Commission: Charles Crowley, Crowley Nursery and Gardens, 16423 Jomar Road (34240), Fifth Generation Sarasota resident, stated that the City would be best served by allowing the vendors to self- govern the Farmers Market and use the funds collected for promotion, insurance, and portable toilets, with the profits being split between charities and the City as opposed to the Downtown Partnership; that all the vendors are concerned about the temporary relocation to Pineapple Avenue; that the relocation is favored; that restaurants on Main Street will petition the City for the return of the Farmers Market to the Lemon Avenue location as soon as possible. Elena De LaVille, Farmers Market vendor, 2110 Euclid Terrace (34239), stated that in November 2003, a location with the Farmers Market became available as a vendor after being on a waiting list for three years; that the vendors are the most important part of the Farmers Market regardless of the location of the Farmers Market; that the vendors are the Farmers Market; that the vendors arrive between 4:30 and 6:30 a.m.; that no one directs the vendors; that umbrellas or tents are installed; that the vendors' wares are displayed; that people are attracted to Downtown by the Farmers Market; that the vendors are professional individuals with significant experience to give to the community and the Saturday Farmers Market. Marilyn Nunan, former Farmers Market Manager for 12 years, 5280 Huntingwood Court (34235), stated that the Commission is asked to listen to what is being said; that on January 19, 2004, packets were distributed from the Sarasota Downtown Farmers Market Board of Directors requesting the Sarasota Downtown Farmers Market be the managing organization for the Farmers Market; that copies of agreements from the majority of the vendors were also distributed; that no acknowledgment of the fact has been made by the Commission until now; that the purpose of the Sarasota Downtown Farmers Market organization is to have a year-round weekly open air market offering fresh produce, organic produce, flowers, plants, and various food products with a unique venue for artists and crafts people to display and sell handcrafted works; that the Sarasota Downtown Farmers Market is an autonomous, not for profit, self governing organization BOOK 55 Page 27012 02/09/04 5:00 P.M. BOOK 55 Page 27013 02/09/04 5:00 P.M. comprised of vendors and an elected Board of Directors; that the Sarasota Downtown Farmers Market seeks to bring area residents and visitors to the Downtown area and to work in conjunction with other local merchant and civic organizations to promote the economic development of the Central Business Core; that the Sarasota Downtown Farmers Market Board will allocate a portion of year-end proceeds for distribution to the Downtown Merchants Organization and an area charity for the benefit of the Downtown business core; that signatures from 90 percent of the vendors were acquired; that the vendors request no longer being associated with the Downtown Partnership in the agreement; that copies of the document were provided to the City. Ms. Nunan continued that on January 29, 2004, a brief meeting was held with Mr. Paul Thorpe, Mr. Schneider, and herself; that the vendors' request was reiterated in writing; that the vendors were unaware the State Street location was already eliminated from the potential sites due to the construction of sidewalks; that the vendors were not informed of the unavailability of the State Street location at the time; that only the information provided can be listened to; that at the February 2, 2004, Regular Commission meeting, a formal request was made for recognition during Citizens' Input. Ms. Nunan stated further that the Farmers Market is comprised of vendors; that the Farmers Market does not exist without the vendors; that the vendors want the Commission to listen to the vendors personally; that whoever said the vendors can be replaced was speaking in ignorance; that the vendors are not easily replaced, having managed the Farmers Market for approximately 12 years; that the stamina required as a vendor is enormous; that not everyone will get up in the middle of the night to set up the products, rain or shine, hot or cold; that the vendors also would like to learn where the funds go; that the informal agreement made many years ago between the City and the Downtown Association indicated the monies from the Farmers Market will go toward promoting the Farmers Market or toward Christmas decorations or other things, which has not been done for many years; that appreciation is expressed to the Commission for listening. Vann Smith, Member, Board of Directors, Downtown Partnership of Sarasota, Chairman, Farmers Market Advisory Committee, 8295 Shadow Pine Way (34238), stated that the Farmers Market has been a concern for three years; that Mr. Tylee. is charged with business management of the Farmers Market; that at the end of 2003, one member of the Board of Directors of the Downtown Partnership was asked to step forward and accept the responsibility for being a liaison between the Board of Directors and the Farmers Market; that the decision was made to accept the responsibility due to personal promotion of the Farmers Market; that he is employed by Channel 40 television station; that Channel 40 has supported the Farmers Market for many years; that Mr. Tylee came into the office seeking promotion for the Farmers Market; that Channel 40 volunteered to provide a significant amount of Public Service Announcement (PSA) work; that Channel 40 is ready to continue the process now; that the news will break on the air once the new location has been established; that SRQ Magazine has also expressed a desire to support the Farmers Market. John Tylee, Executive Director, Downtown Partnership of Sarasota, 1818 Main Street (34236), distributed a statement concerning the Farmers Market dated February 9, 2004, and stated that the timely meeting being held is appreciated; that the hope is everyone can leave the current Commission meeting with a decision concerning who will manage the Farmers Market in the future; that despite the clarifying letter from the City Manager which was distributed to vendors on February 7, 2004, a considerable amount of confusion exists among vendors; that the matter is critical for everyone to cooperate during the inevitably difficult temporary move to Pineapple Avenue; that the Farmers Market is an excellent example of the vitality and diversity which the Downtown Partnership seeks to create every day of the week; that the Downtown Partnership strives to improve Downtown by bringing together all the relevant groups including the merchants, residents, associations, customers, and media as well as the vendors of the Farmers Market. Mr. Tylee continued that Ms. Nunan's comments regarding the importance of the vendors are understood very well; that a proposal is to oversee the Farmers Market through a committee composed of all the above groups and chaired by one of the Downtown Partnership Board Members, Vann Smith of Channel 40 as indicated previously; that very little documentation of the Farmers Market practices existed when the job was undertaken a year ago; that the Board of Directors of the Downtown Partnership directed the institution of good business practices; that the first ever Vendors Advisory Committee was formed to work with vendors concerning changes including the relocation; BOOK 55 Page 27014 02/09/04 5:00 P.M. BOOK 55 Page 27015 02/09/04 5:00 P.M. that unavoidable changes in the construction schedule in and around Lemon Avenue made the planning of the move impossible until January 2004. Mr. Tylee stated further that among the improvements and processes discussed with the Vendor Advisory Committee are computerization of vendor accounts, payment for spaces in advance, documentation of the Farmers Market rules, a transparent process for recruiting, qualifying and choosing new vendors, working towards a small, year round Farmers Market through increasing vendor attendance in the summer, better integration with the Farmers Market and the rest of the community through a kiosk, not for profit demonstrations, etc., and improvements in the attractiveness of the Farmers Market through better signage, use of musicians, etc.; that the belief is the decision should be made by a group which brings together all interests impacted by the Farmers Market; that vendor input on each of the issues is crucial. Mr. Tylee further stated that by establishing a 501 (3) (c) organization with a diverse and well-respected Board, the Downtown Partnership is well positioned to continue to manage the Farmers Market; that permission is respecttully sought to continue to do so; that a decision should be made immediately; that the Downtown Partnership is ready to sign a usage permit with the City and invest in the signage, communications, insurance, portable toilets, and other costs associated with the temporary move to Pineapple Avenue; that the current situation is confusing to vendors and customers and prevents the Downtown Partnership from planning an imminent move; that the Farmers Market cannot be managed protessionally if two groups are distributing different materials and many vendors are unsure about to whom to pay the rent; that the decision required at this time is about the future of the Farmers Market; that the Downtown Partnership believes the approach of bringing all the relevant stakeholders together is the appropriate approach; that the hope is the City will grant the Farmers Market a usage permit for produce and craft vendors acting as members of the Farmers Market Committee and work with the Downtown Partnership to make an exemplary Downtown Farmers Market. Matt Orr, Market Manager, Downtown Partnership of Sarasota 750 North Tamiami Trail (34236), stated that being asked to take over Ms. Nunan's position as Market Manager after her resignation three weeks ago was exciting; that time was spent personally meeting vendors, collecting monies, and listening to vendor and customer comments over the past three Saturdays; that the experience was good on February 7, 2004; that the vendors were encouraging; that 15 of the 54 vendors chose not to pay the Downtown Partnership; that the reason for not paying was simple; that two different organizations were collecting the money; that all the vendors except for a few are willing to cooperate with the Downtown Partnership; that most vendors are confused concerning whom to payi that excitement is felt for the future and progress of the Farmers Market; that a quote recently came to mind, "Honest disagreement is often a good sign of progress"; that the Farmers Market is a perfect example of the statement; that the role as Market Manager for the Farmers Market is favorably anticipated as progress is made for the future to make the City an even more diverse and exciting place to live. Mimi Blanca Letterman, Sonny's Produce, Farmers Market vendor, stated that Sonny's Produce is one of the largest vendors at the Farmers Market and has been a vendor at the Farmers Market for 14 years; that the concern with a new corporation managing the Farmers Market is the vendors have not been informed about who the Board of Directors of the Sarasota Downtown Farmers Market are; that assurance is necessary for 100 percent backing regardless of who is managing the Farmers Market; that the plan is to stay at the Farmers Market; that the vendors should be completely apprised of what is going on with the Farmers Market; that relocation is required due to the construction of Lemon Avenue; that the situation is unavoidable; that agreement is expressed with the relocation; that communication is important regardless of which organization manages the Farmers Market. Eve Howes, Farmers Market vendor, Awesome Orchids, 7537 Botanica Parkway (34238), stated that an unusual bond forms between people who get up very early on Saturday mornings to venture out and set up the stands in the dark, while windy or while raining; that the friendship between the vendors has made the situation very difficult; that some hesitancy exists in saying what must be said; that friends may be lost and enemies may be created due to the differences of opinion; that other vendors feel the same wayi however, some vendors would rather stay quiet than create BOOK 55 Page 27016 02/09/04 5:00 P.M. BOOK 55 Page 27017 02/09/04 5:00 P.M. animosity and tension between friends and possibly create long-term rifts among the vendors; that the Commission Office and the City Manager's Office are being bombarded with complaints and requests for change in the management of the Farmers Market; that people are not hearing from the vendors who feel cooperation is possible with the current management; that some vendors think satisfactory management of the Farmers Market by working with the City through the Downtown Partnership is possible; that apologies have been offered for the many communication problems which have existed; that a concerted effort has been made to deal with the situation; that an entity representing only the Farmers Market may be the best management alternative to allow the vendors of the Farmers Market to have a united voice in dealing with the City whether directly through the City or through the Downtown Partnership; however, many reservations concerning the Sarasota Downtown Farmers Market exist; that the new corporation is not necessarily opposed. Ms. Howes continued that all vendors should understand the power the new corporation will have and who will be in charge; that the belief is many vendors have supported the organization for fear the City or the Downtown Partnership would shut down the Farmers Market during the Lemon Avenue construction; that the people who formed the new corporation have the best of intentions for the current Farmers Market; however, the situation could change; that the long-term implications must be considered; that several questions should be answered which have no answers at this time; that ample time is not available to go into all the questions. Ms. Howes stated further that the Board has the best intentions; however, whoever is managing the Farmers Market in the future could rule the Farmers Market without consulting the vendors or the City; that control of the new entity will be uncertain; that ample time has not been available to answer some of the unsettling questions; that vendors were being pressured to support the new corporation due to the fear of having the Farmers Market shut down by the City; that the Commission is asked not to change the current management arrangement and give the vendors time to have the pending questions answered to the satisfaction of all; that Ms. Nunan is loved by all the vendors and is in a no-win situation; that Ms. Nunan should be the Market Manager and is the only person who understands the vendors. Nancy Bryant, Farmers Market vendor, Nan-Del Plants, 6814 16th Avenue East, Palmetto (34221), stated that the situation is not enjoyed; that the dissension and anger are not understood as the Farmers Market has been a source of happiness; that her business was launched at the Farmers Market and is now very successful; that the customers are happyi that not wanting to relocate is understood; that an understanding is of the importance of relocating; that enough information was not received about the relocation which caused problems; that the understanding is the Downtown Partnership was not solely to blame for the situation; that the Farmers Market is well established Downtown and relocating is not desirable; that the Downtown Partnership has been good to the vendors for many years; that problematic situations were addressed or explained every time a problem arose; that the only remaining concern is for more advertising in the summer months. Ms. Bryant continued that statements indicating the look of the Farmers Market should be changed are heard; that much gossip has been circulating around the Farmers Market; that the Farmers Market should look as good as possible; that the Farmers Market sells top quality products; that the Farmers Market creates a wonderful, harmonious, friendly atmosphere Downtown; that the situation has been changed; that all the people who are supporting the Sarasota Downtown Farmers Market are loved; that the Downtown Partnership will work hard for the vendors; that the simplicity in the Farmers Market is beautiful; that people like to see the vegetables and plants even in the middle of an upscale community; that the customers love the Farmers Market; that people have a feeling of comfort and trust with the Farmers Market; that alienation from Ms. Nunan and other vendors is not wanted; that Ms. Nunan has worked hard and will be missed if Ms. Nunan decides not to stayi that terrible stories have been heard about the manner in which the Downtown Partnership was treated at the Farmers Market; that vendors refused to pay the rent; that the rent should be paid if products are being sold at the Farmers Market; that not paying the rent was mean spirited; that having a committee from the Farmers Market to represent the vendors is a good idea as communication would be Clearer; that the vendors of the Farmers Market should be represented; that the Downtown Partnership is supported. Alan Howes, Farmers Market vendor, Awesome Orchids, 7537 Botanica Parkway (34238), stated that over 10,000 condominium BOOK 55 Page 27018 02/09/04 5:00 P.M. BOOK 55 Page 27019 02/09/04 5:00 P.M. properties or units have been personally managed in Sarasota and Manatee Counties; that extensive work with Boards of Directors similar to the proposed vendor Board of Directors has occurred; that the Farmers Market should be repaired; that two populations exist within the Farmers Market, the crafts people and the produce people; that the produce people are located at the main line on Lemon Avenue where most of the traffic goes; that most of the craits people are near the fountain; that frustration was experienced when the vending location to sell orchids was moved for two years off Lemon Avenue as the traffic is on Lemon Avenue; that the only people in the area of the fountain are other vendors; that the Farmers Market has been broken into two factions. Mr. Howes continued that the inception of the move to Pineapple Avenue repairs the Farmers Market; that the configuration which the Downtown Partnership has almost completed locates all crafts and produce vendors on one street side by side; that a drawing of the layout indicates no second class citizens exist; that the crafts people should be very satisfied with the location on Pineapple Avenue; that the type of exposure necessary is not received if the vendor is on the other side of the fountain at Lemon Avenue; that the decision to move the Farmers Market to Pineapple Avenue repairs the problem from the perspective of the Farmers Market vendors; that the management of the Farmers Market is not broken; that a vendor Board of Directors could create a problem due to a possible lack of objectivity; that the vendors on a Farmers Market Board of Directors may not be objective; that if outlets and fans are required, the outlets and fans will be installed near the vendor on the Board of Directors; that personal vacations include visiting other Farmers Markets; that all the farmers markets visited have been run by an extension of the municipality. Del Bryant, Farmers Market vendor, Nan-del Plants, 6814 16th Avenue East, Palmetto (34221), stated that a little history of the Farmers Market should be provided; that he was employed with a local software firm 22 years ago; that one third of the stores were closed and boarded upi that for rent signs were scattered up and down Main Street 22 years ago; that the Farmers Market was started a few years before by the people; that now the people are saying a new entity should manage the Farmers Market; that the Downtown Association built the Farmers Market to benefit Sarasota; that the Downtown Association brought the vendors in and provided the opportunity to launch a business; that prior to management by the Downtown Association now Downtown Partnership, 80 percent of his Farmers Market business was in St. Petersburg, Florida, and 20 percent was in Sarasota; that 50 percent of the business was in Sarasota and 50 percent in St. Petersburg within a year; that 80 percent of the business was in Sarasota and 20 percent in St. Petersburg within two years; that an opportunity was provided to build his companyi that new customers were met at the Farmers Market; that plants are leased for special events and weddings; that most of his business was started at the Farmers Market. Mr. Bryant continued that the Downtown Partnership gave the opportunity to develop a successful company and make a good living; that the personal loyalties are with the Downtown Partnership; that the paper was not signed although the rumor was a good location would not be provided at the Pineapple Avenue location if the paper was not signed; that the pressure to get the situation under control has been tremendous; that the number of vendors who were threatened to sign the document is unknown; that he has personal knowledge of the threats; that no one has contacted him due to the refusal to sign in the last two weeks; that the Farmers Market needs advertising and has had some problems; that a problem in the past was letting vendors float in and out when desiring to do so; that the problem was solved through the Downtown Partnership; that cooperation can exist with the Downtown Partnership. Mr. Bryant stated further that a recommendation is for the Farmers Market to elect three, five, or seven people to work with the Downtown Partnership; that the Downtown Partnership is performing in the best interest of the Farmers Market and Downtown; that vendors are necessaryi that the Downtown Partnership is also necessary as the Downtown Partnership did not come in and take the Farmers Market over when all was successful; that the Downtown Partnership made the Farmers Market what the Farmers Market is now; that only one Board Member of the Sarasota Downtown Farmers Market represents food or vegetables, one is retired, one represents a tavern, and three members represent the arts and crafts, which is not equal representation. Chris Keesecker, Board Member and vendor, Sarasota Downtown Farmers Market, 1352 Manhattan Avenue (34237), stated that an understanding of the pressure vendors experience is difficult without actually being a vendor; that the Farmers Market vendors should have an autonomous voice; that a right of self BOOK 55 Page 27020 02/09/04 5:00 P.M. BOOK 55 Page 27021 02/09/04 5:00 P.M. determination should be provided; however, the Downtown Partnership has performed satisfactorily regarding management of the Farmers Market and is a recognized entity; that Mr. Tylee has performed the duties for the Farmers Market satisfactorily, has been fair and approachable, and has a sincere interest in trying to administer the Farmers Market to the best of his ability; that most of the vendors work throughout the week; that the vendors recognize the Farmers Market as a major source of personal income; that the vendors would rather be in bed on Saturday morning, especially when the weather is windy, wet, rainy, and cold than be outside at 4:30 a.m. to 6:30 a.m.; that significant time, effort, energy, and interest has gone into the organization followed by confusion due to a lack of direction; that the trustrations will continue to grow and become divisive; that the Downtown Partnership has not been involved in the deviousness as has been alleged; that the problem is lack of communication; that difficulty in communicating back to the vendors was due to the City's changing timeline. Diana Hamilton, Farmers Market vendor, 533 Osprey Avenue (34236), distributed a letter from Kim Morrison dated February 5, 2004, and stated that the sentiments expressed and the loyalties felt toward the Downtown Partnership are appreciated; that personal loyalties are felt for Mr. Tylee; that Mr. Tylee has been an excellent communicator up to the present time; that none of the situation is personal. Ms. Hamilton read the letter indicating that the Sarasota Downtown Farmers Market Board will continue to manage and advise its Members in their best interests; that remarks about Commission intervention and Farmers Market management are being accepted; that recognition of the Sarasota Downtown Farmers Market as a legitimate management entity should be established; that to date the vendors have been improperly acknowledged and offered no respect; that Mr. Tylee has personally forbade her from attending meetings with the Commission; that the City Manager's Office has not given the same critical information to the Sarasota Downtown Farmers Market as has been provided to the Downtown Partnership; that the vendors' interests have not been recognized; that the vendors' choice of location was dismissed; that the vendors' chosen Market Manager was relieved of her duties; that the desire to have their monies go to the Sarasota Downtown Farmers Market is in serious jeopardy; that the vendors are concerned, intimidated, and confused; that the vendors alone are doing everything possible to quell the fears and alleviate the confusion; that the Board Members are fielding phone calls and individually and equally addressing each vendor rather than delivering edicts from atop a fountain which has been turned into a trashcan; that the vendors have been and will continue to act in the best interest of the Members; that the selection of Paul Thorpe as President of the Sarasota Downtown Farmers Market is solely the result of needing four officer names for the 501 (c) (3) corporation application; that Mr. Thorpe was asked to advise the vendors because of his passion for the Farmers Market; that a Board of Directors will be elected at the appropriate time. Ms. Hamilton continued reading from the letter indicating that the Vendor Advisory Committee met with the Downtown Partnership for six months until the meetings were abruptly ended by the Downtown Partnership; that only after exhaustive efforts to resolve serious conceptual, operational, and financial issues were the vendors forced into the present stance; that the intent has always been to successtully resolve any issues without intentional conflict for the City; that the vendors will wholeheartedly pursue an agreement if the Downtown Partnership will approach the vendors with respect on equal footing and will meet with the vendors' Board outside of the Downtown Partnership office; that the Sarasota Downtown Farmers Market is a legitimate, independent entity and will act accordingly and will not acquiesce; that the vendors have acted professionally, have avoided confrontational behavior, and have acted with respect for the City Administration and its processesi that the vendors will continue to do sO. Curtis Hunt, Farmers Market vendor, Hidden Florist, 1371 Mustang Street, Nokomis (34275), stated that a wait of three years occurred to get into the Farmers Market; that only two flower vendors are allowed in the Farmers Market; that one of the flower vendors was bought out to get into the Farmers Market; that approximately $10,000 was spent to get into the Farmers Market; that the business is truly good; that the Sarasota Downtown Farmers Market was originally supported; however, information indicating two of the Sarasota Downtown Farmers Market Board of Directors are not vendors was just received and is a concern; that he has participated in three other Farmers BOOK 55 Page 27022 02/09/04 5:00 P.M. BOOK 55 Page 27023 02/09/04 5:00 P.M. Markets; that the vendors should all get along; that Mr. Tylee is upstanding, is straight forward, and is fully supported; that conversations have occurred with Mr. Tylee in a satisfactory manner; that the move to Pineapple Avenue is personally liked; that the original location of his stand was with all the other vendors until he was moved to the portion of Lemon Avenue south of Main Street; that his income was reduced to two-thirds which was very upsetting after spending all the money to get the location at the Farmers Market; that the Pineapple Avenue location would be fine on a permanent basis if all the vendors will remain on the same street. Franck Johannesen, Farmers Market vendor, 1051 Racimo Drive (34240), stated that the frustration over the direction of the Farmers Market caused the sudden need for action; that the feeling was the vendors' interests were not being taken seriously; that the Downtown Partnership took the vendors' money to look out for the vendors' interests in finding a suitable relocation site; that significant disappointment ensued when the relocation site was not determined; that the Farmers Market should continue; that not being able to stay near Downtown is disappointing; that whatever the Commission decides will be fully supported; that provision should be made for the vendors' needs; that many well-educated people are vendors who are very serious about business; that the Farmers Market is the best entertainment in town on Saturday mornings; that most people really enjoy the Farmers Market; that the people who come to the Farmers Market are smiling, laughing, and appear relaxed; that the Farmers Market should continue. John O'Donnell, Farmers Market vendor, 5162 Cedar Hammock Drive (34232), stated that his position is as a craft vendor; that people come to the location every Saturday and are familiar with the location; that the entire situation can be reduced to the moneyi that the Farmers Market has been a cash COW for the Downtown Partnership; that according to the statement read at the February 2, 2004, Regular Commission meeting, no monies have been put back into the Farmers Market; that the Farmers Market has no need for the money except for advertising to attract more customers and vendors; that the hope is the Commission is listening. Ron Gordon, 530 Oak Bay Drive, Osprey (34229), stated that he is representing his wife who designs orchid arrangements for sale at the Farmers Market, which is a source of happiness but is not exceptionally lucrative; that about 30 or 40 hours of hard work are spent each week designing the orchid arrangements; that two cars are packed and taken down to the Farmers Market on Saturday morning; that many enjoyable relationships have come from the people who come to the Farmers Market; that a situation occurred on February 7, 2004, where a 95 year old man in the cold, rainy weather came down with his wife to entrust a personal antique for an orchid arrangement; that the completed arrangement was delivered due to the inclement weather; that the couple came to the Farmers Market by bus and were smiling and sO receptive of being in the atmosphere. Mr. Gordon continued that the concern is for the Downtown area; that he moved to Downtown Sarasota seven or eight years ago for three reasons, specifically, the City is favorable to the arts, has pristine beaches without the crowds, and has a vibrant Downtown area rather than a series of malls; that the City has a wonderful ambiance at night; that the vendors are the people who interact with the customers; that any experiences at the Farmers Market will be remembered; that travel has been personally experienced to over 50 countries; that many markets have been personally visited; that the method of operation of the other markets is not known; that the people in Sarasota deserve the experiences the vendors can bring to the Cityi that the Downtown Partnership and the Sarasota Downtown Farmers Market should be brought together and begin cooperating; that the accomplishments of the Farmers Market should be kept in mind. Paul Thorpe, Sarasota Downtown Farmers Market, 157 Garden Lane (34242), stated that vendors called him to discuss the problems experienced with the change in management and the Downtown Partnership; that the Farmers Market is a significant part of the Downtown; that a meeting was held with the vendors; that two of the Sarasota Downtown Farmers Market Board of Directors are not vendors; that his status is as an ex-vendor who sold flowers at the Farmers Market for a while; that a person from the Main Street Merchants Association is on the Board of Directors of the Sarasota Downtown Farmers Market to provide a liaison with the organization; that all the vendors wanted a self governing entity with control of the Farmers Market and the monies spent; that communication was important and was not being received from the Downtown Partnership; that 47 of the vendors signed the document. Mr. Thorpe continued that the idea the vendors were forced into signing is not believable; that the situation was explained and then the vendors were asked to sign; that some vendors signed; BOOK 55 Page 27024 02/09/04 5:00 P.M. BOOK 55 Page 27025 02/09/04 5:00 P.M. that Articles of Incorporation for the Sarasota Downtown Farmers Market were developed, a copy of which will be given to the City Attorney for review; that the Commission was informed of the change in early January 2004; that no response was received; that three vendors were strongly in support of the Downtown Partnership which is wonderful; that the 47 people who signed the new documents could discuss matters with the Downtown Partnership; that the opinions of the vendors should be expressed; that the Commission is respectfully asked to listen to the request. Barbara Frush, Farmers Market vendor, 3120 Guadalupe Street, Punta Gorda (33950), stated that the action of the Downtown Partnership was very impressive when the members came with t-shirts with big hearts and the words "We love the Farmers Market"; that for the people to spend all night ironing the words on the t-shirts was meaningful; that a number of promises about future actions have been made; that having the issues in writing and a commitment to address the issues within two months would provide everyone time to get situated and move on in a positive direction; that a liaison with the Downtown Partnership is necessaryi that two or three vendors should be a part of the liaison; that Main Street can be seen driving down Pineapple Avenue; that the impression was the relocation to Pineapple Avenue was permanent; that temporary pain will be felt with the relocation; that the situation cannot be helped; that the vendors should put the most positive spin possible on the relocation sO the customers are happy to come and see happy and positive vendors; that the trade journals concerning farmers markets indicate the difficulty which will be experienced at the time the Whole Foods Centre Market opens; that the relocation back to Lemon Avenue may not be a good idea in such close proximity to the Whole Foods Centre Market. Marielle Ashcroft, Farmers Market vendor, 500 Oak Crest Boulevard (34233), stated that Mr. Tylee appears like a nice gentleman; that the concern is Mr. Tylee may focus more on the Farmers Market as an entity rather than on the vendors of the Farmers Market; that the anxiety is understood with the new location, new association, and new rules; that in the Middle Ages in Europe, the land was ruled by a King and many powerful Dukes; that possession was taken of the castle, lawn, cattle, and people when another Duke won a battle; that when people belong to another regulator, the concern is the new regulator wants to take possession of the castle; that such is the case with the Farmers Market; that when reservations were expressed on February 7, 2004, a comment made to her was not to listen to a bunch of gypsies and be careful; that the warning must mean something; that the statement about being careful was made a second time. Ms. Ashcroft continued that the contract between the Downtown Partnership and the City is already an agreement; that the illusion of free will was completely destroyed; that the purpose of being before the Commission is a mystery if the matter is free will; that the desire is for the relocation of the Farmers Market back to Lemon Avenue after the construction; that the new Whole Foods Centre Market has the potential to develop a new, interesting clientele to the Farmers Market; that the Farmers Market has a longevity which should be kept and preserved; that the new regulations, the 52 week contract fee, and drastic insurance will affect the value of the vendors of the Farmers Market. Ed Wisbrun, Farmers Market vendor, 1370 Grand Boulevard (34232), stated that the major concern is the unknown; that the current discussion is a non-issue if a year from now the same number of people are coming Downtown and the vendors are making money; that the relocation to Pineapple Avenue is supported; that the concern is the egress/ingress and the parking; that another concern is whether people will come Downtown; that the Farmers Market is a happening; that people come Downtown to go to the Farmers Market, to eat lunch, to eat breakfast, and to talk to artists; that the Whole Foods Centre Market is a wonderful store; that a Whole Foods Centre Market has been personally visited in Austin, Texas; that the vendors will not be affected; that the people coming Downtown who buy soap, candles, and vegetables are talking to the artists and sometimes the growers of the vegetables; that the atmosphere at the Farmers Market cannot be found at the Whole Foods Centre Market or Saks Fifth Avenue; that the experience is unsurpassed when a person purchases a piece of art and gets to talk to the artist; that the Farmers Market is a happening. Mr. Wisbrun continued that the problem comes back to the unknown; that the Pineapple Avenue relocation would be more exciting if not for the concern regarding parking and ingress/egress; that no other location is known; that personal service on a committee would be acceptable; that all the vendors should be responsible and involved in the Euture; that the BOOK 55 Page 27026 02/09/04 5:00 P.M. BOOK 55 Page 27027 02/09/04 5:00 P.M. vendors should decide the vendors' locations; that a year from now, the decision can be made whether to go back to Lemon Avenue; that many events could happen before that time; that involvement is necessary; that the vendors are professional people who are at the Farmers Market to live, earn a living, and move on. Vice Mayor Martin stated that the constructive and heart-felt comments are appreciated; that the forum was necessary to enable the citizens to speak to the Commission. Mayor Palmer stated that the last gentleman summarized best the opinion about the fear of the unknown; that the issue is determining the location as much as the move to Pineapple Avenue; that the other issue is communication; that the major concern is the breakdown of communication between the City, the Downtown Partnership, and among the vendors; that perhaps the City should have communicated better with the Downtown Partnership; that perhaps the Downtown Partnership should have communicated better with the vendors; that the vendors should have given more input and had an ability to understand what was happening; that the relocation will be fairly short term; that the comment about not moving back to the current location is an interesting proposition which should be discussed in the future; that the Commission should move forward with the agreement with the Downtown Partnership; that the information received was the vendors were largely left out of the communications; that the vendors should come together with the Downtown Partnership; that the promises made should be put in writing to ensure follow through of the commitments. Mayor Palmer continued that if the agreement, which can be for any appropriate period of time, does not work out, the issues can be worked out in the future; that the major concern now is time; that the Farmers Market must be relocated immediately; that the organization should be put together quickly; that Ms. Nunan and Mr. Thorpe were the people who initiated and created the Farmers Market and understand better than anyone the meaning of the Farmers Market; that the Downtown Partnership and Mr. Thorpe and Ms. Nunan can work out the situation to the benefit of all; that the Commission should not decide how to split the Farmers Market; that turf wars are not beneficial; that the community should rally around the Farmers Market; that the continuance of the Farmers Market is assured with the appropriate publicity toward a future with clarity, understanding, communication, and the passion which all the people feel. Commissioner Atkins stated that he has not visited the Farmers Market often; that a continuing battle from the separation of the Downtown Association which moved on to the Downtown Partnership is occurring; that some people are capitalizing on the division while creating a problem for all; that the concern regarding the possible negative effect of the Whole Foods Centre Market on the Farmers Market is great; that the vendors should become more aware of the fact; that the initial rumor was the Whole Foods Centre Market was trying to close down the Farmers Market; that many rumors have been heard; that the belief is the Farmers Market is more powerful than the vendors imagine; that the power is separate and apart from anything else going on Downtown; that the people do not come to the Farmers Market due to a desire to go to a restaurant; that the people come to the Farmers Market to see the vendors who are vitally important. Commissioner Atkins continued that deciding whether the Downtown Partnership or the Sarasota Downtown Farmers Market could best transition the Farmers Market during the most difficult period in its history due to the relocation is difficult; that a significant number of steps must be taken before the necessary synchronization will occur; that waiting a year during the relocation before making any further significant decisions is appropriate. Commissioner Servian stated that a Fresh Fields Market is located outside of Philadelphia, Pennsylvania; that a couple of blocks from the Fresh Fields Market is one of the most prosperous Farmers Markets in existence; that the Fresh Fields Market did not cause a negative impact; that the belief is the Whole Foods Centre Market will not negatively impact the Farmers Market; that the energy experienced at the Farmers Market is the reason for personal visits to the Farmers Market; that the experience is not the same at any grocery store; that the Farmers Market is visited almost every Saturday; that the transition is the most important issue; that the move to Pineapple Avenue and back should be done in the best way possible with the proper security, signage, etc. BOOK 55 Page 27028 02/09/04 5:00 P.M. BOOK 55 Page 27029 02/09/04 5:00 P.M. Commissioner Servian continued that the management of the Farmers Market should be discussed; that a compromise may be possible; that having the Farmers Market incorporate as an independent organization is a marvelous idea; that the Sarasota Downtown Farmers Market could have a representative as a liaison to the Downtown Partnership; that a contract should be developed between the Downtown Partnership and the Sarasota Downtown Farmers Market; that the issues and the time lines should be put in writing to establish a formal representation with the Downtown Partnership. Commissioner Servian stated further that changing management during the transition is a concerni that a willingness to work with the Downtown Partnership should be developed; that the communication problems were recognized; that all people make mistakes; that Mr. Tylee came before the Commission and asked all the vendors to forgive him for any miscommunication; that many statements heard were of concern; that many unkind statements were made; that the facts should be brought before the Commission if any proof exists for some of the statements rather than talking amongst the vendors; that the activity is very disruptive; that all the vendors get along well; that the division would be unfortunate for the Farmers Market; that the idea of pressure being applied to any vendor to choose sides is another concerni that the vendors are at the Farmers Market to make a living and to continue the exciting, vital entity the Farmers Market is to Downtown Sarasota; that the vendors of the Farmers Market could continue with the Sarasota Downtown Farmer Market, which could be the liaison to and have a formal contract with the Downtown Partnership. Commissioner Bilyeu stated that the Farmers Market has been visited; that the atmosphere is special; that no matter what happens the vendors will survive; that the Farmers Market is almost an international Farmers Market; that something wonderful must be happening at the Farmers Market for someone to pay $10,000 for a spot; that a firm belief is Mr. Tylee can take the Farmers Market to the next level; that all due respect is accorded Mr. Thorpe and Ms. Nunan, who with the Downtown Association started the Farmers Market many years ago; that Mr. Tylee has a deep concern for the Downtown area and is a great collaborator; that good ideas have come forward at the current meeting; that Mr. Tylee is supported. Commissioner Bilyeu continued that his 15 and 9 year old daughters are often thought of when issues are considered; that the family would have a big screen television and would go out to eat every night if the daughters were making the decisions; that the people in control should make the necessary decisions; that the situation will be worked out by the vendors no matter what occurs at Pineapple Avenue; that the major concern is all the logistics will be in place in time for the transition sO the transition will be as smooth as possible; that a minimum of a one year agreement should be given to the Downtown Partnership with a three to five year option to renew; that a Board to ensure some type of continuity as suggested by Mr. Tylee regarding who will be handling the money, who is getting the money, what is happening, etc., should be developed; that the Farmers Market can work. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to engage with the Downtown Partnership for a term of one year and refer negotiation of the details to the Administration. Commissioner Bilyeu stated that the options should be assured in the contract; that a year was indicated due to the many issues occurring; that a date should be known; that people thought staying at Pineapple Avenue after the completion of construction might be satistactory; that the success of the Farmers Market on Lemon Avenue is impressive; that a better idea concerning the future of the Farmers Market after a year of cooperation between the Downtown Partnership and the Farmers Market vendors will be available. Mayor Palmer stated that the motion is supported; that the hope is Mr. Tylee and the Downtown Partnership will listen to the statements made; that a definitive relationship is necessary through an advisory committee; that the matter has been heard loudly and clearly for the Commission to assure the vendors are part of the decision making process; that a clear picture of the interaction between the Downtown Partnership, the vendors, and the Sarasota Downtown Farmers Market will be appreciated; that the contract can be reviewed at the end of one year to determine if the relationship should be continued. Commissioner Servian stated that the Sarasota Downtown Farmers Market should work directly with the Downtown Partnership if the Sarasota Downtown Farmers Market is now an incorporated entity; BOOK 55 Page 27030 02/09/04 5:00 P.M. BOOK 55 Page 27031 02/09/04 5:00 P.M. that the relationship should be formalized to ensure the Farmers Market receives feedback regarding the expenditure of vendors' monies, for example, the amount spent for advertisements, and sO the new organization represents the vendors to the Downtown Partnership; that everyone would benefit from doing SO. City Manager McNees stated that concerning the quote, "Honest disagreement is often a good sign of progress," I the fear is too much progress is being made; that the direction being taken is actually good; that the major concern is the fear of the unknown; that no certainty can be given the vendors to ensure a smooth operation at the time the Farmers Market opens on Pineapple Avenue; that the people responsible for the logistical success for the City are the Engineering Department, the Public Works Department, and the Sarasota Police Department; that the organizers of the Sarasota Film Festival, of the COEXISTENCE Exhibit, of the opening night of the Sarasota Opera, or of any number of special events will say those people deliver; that the commitment of the City Department Heads will make the Farmers Market work as well as possible; that glitches will occur. City Manager McNees continued that the members of the Burns Square Association will be in attendance and are very excited about the Farmers Market being in the neighborhood; that the highest priority is for the Farmers Market to continue to function by having the necessary parking arrangements, slowing traffic on Orange Avenue, and resolving all the logistical issues; that one concern is having the Commission direct the Downtown Partnership to enter into any relationship with the new corporation; that the opportunity to consider the matter thoroughly would be beneficial; that an issue would be the status of vendors who are not members of the Sarasota Downtown Farmers Market. Commissioner Servian stated that the suggestion was for the groups to resolve the matter, not for the Commission to direct the resolution; that the matter is not one for the Commission to dictate. City Manager McNees stated that a property value appears to have become attached to vendor certificates; that the matter should be fully considered and discussed with the City Attorney; that the situation of locations with property values may be one which should not be created by the Commission to occur on the public streets; that the direction may be to work on the relationship of the Downtown Partnership with the vendors; that the matter will be brought back before the Commission as soon as the matter is structured. Mayor Palmer stated that a partnership should be developed with the City to offset public works and public safety costs if the Downtown Partnership has additional funds beyond the basic costs of operating; and asked if a contribution to the City's costs will be included in the agreement negotiated by the City Manager? City Manager McNees stated yes. Vice Mayor Martin stated that the most significant factor at the current meeting and in the community is for the Farmers Market to sustain profitability and stability; that the best manner to achieve sustained profitability and stability has been found; that an apology is extended to the vendors; that a fair response was not given to the vendors regarding the management of the Farmers Market due to the focus of the Commission and Staff on the relocation issue at the February 2, 2004, Regular Commission meeting; that management was a concern; however, the focus was to assure the Farmers Market would not stumble; that the vendors are the backbone of the Farmers Market; however, the entire community is also involved; that the representation of the vendors is extremely important; that the vendors should have a voice in the management; that Mr. Tylee and the Downtown Partnership have indicated at least four voices are involved in the Farmers Market; that the matter was addressed; that the important step is to move forward; that the Downtown Partnership is going to continue to manage the Farmers Market; that the Farmers Market will continue being monitored to ensure the right decision is ultimately made; that a management contract is necessary; that a united voice was heard at the current meeting; that the renaming of the Downtown Association to the Downtown Partnership was important. Vice Mayor Martin continued that the City will help the Farmers Market make the transition smooth; that ongoing regular costs are incurred by the Downtown Partnership; that new costs will also be incurred with remarketing and disseminating the word of the logistics of the Farmers Market; that the City should be a partner in the relocation of the Farmers Market; that the City Manager is encouraged to bring an appropriation or a commitment from the City to ensure the City's support; that the hope is for all to have a happy, successful Valentine's Day in the spirit of celebration; that the transition to the new location should be accomplished in BOOK 55 Page 27032 02/09/04 5:00 P.M. BOOK 55 Page 27033 02/09/04 5:00 P.M. a cooperative manner to keep the Farmers Market as successful as ever. Commissioner Bilyeu stated that a commitment is made to appear at the Farmers Market at 4:00 a.m. on Saturday, February 21, 2004, at the Pineapple Avenue location; that an orange or white shirt will be worn; that help will be given to load or unload or anything required for the first day of moving. Commissioner Servian stated that a disturbing statement was included in the letter from Ms. Morrison indicating a person may be forbidden from coming before the Commission; that a citizen is never forbidden to speak to the Commission; that the setting is public and on public property; that a citizen is free to speak to the Commission at any time with a comment, a question, or a concern; that the concern will be addressed. Vice Mayor Martin restated and called for a vote on the motion to engage with the Downtown Partnership for one year with options for a renewal and refer the details to the Administration. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. The Commission recessed at 6:45 p.m. and reconvened at 7:00 p.m. 4. PRESENTATION RE: RESOLUTION NO. 03R-1643; ETC., APPROVING MAJOR CONDITIONAL USE APPLICATION NO. 03-CU-05; RESOLUTION NO. 04R-1690; ETC. / GRANTING A G ZONE HAIVER/APPLICATION NO. 03-GZW-01; AMENDMENT TO DEVELOPMENT AGREEMENT, /APPLICATION NO. 03-DEA-01; AND SIXTH AMENDMENT TO LEASE AGREEMENT, MOTE MARINE LABORATORY, INC. CONTINUED TO A PUBLIC HEARING WHICH WILL BE RE-ADVERTISED FOR THE MARCH 15, 2004, REGULAR COMMISSION MEETING (AGENDA ITEM III) CD 7:00 through 7:17 Vice Mayor Martin stated that the conditional use, the Governmental (G) Zone Waiver, the Amendment to the Development Agreement, and the Sixth Amendment to the Lease concerning Marine Laboratory, Inc. (Mote Marine), which were before the Commission on February 2, 2004, are being considered; that the City Attorney will apprise the Commission of the current situation. City Attorney Taylor stated that a motion was made and action was taken to approve the Amendment to the Development Agreement at the February 2, 2004, Regular Commission meeting; however, the motion to adopt proposed Resolution No. 03R-1643 to approve the major conditional use was defeated; that subsequently, legal counsel for Mote Marine contacted the City and indicated Mote Marine wished to submit a revised, amended site plan. City Attorney Taylor continued that the question posed was if a revised, amended site plan could legally be submitted; that the action taken by the Commission was analyzed; that the City Auditor and Clerk was consulted for the parliamentary position; that a vote which failed is the equivalent of no action under Roberts' Rules of Order; that the only method to have finalized the issue concerning the conditional use was to have another motion to deny the proposed Resolution; therefore, the matter is open at the present time since a motion to deny was not made; that no legal impediment exists for filing an amended site plan; however, no specific provision exists in the Zoning Code (2002 Ed.) to address the situation; that the matter is discretionary for the Commission; that two options are available since no action was taken; that the matter of the conditional use and other associated actions such as the G Zone Waiver, the Sixth Amendment to the Lease, and the Development Agreement could be continued to another date certain; that Mote Marine would be allowed the opportunity to submit a revised site plan; that the matter would go through the Development Review Committee (DRC) process and brought back through the public hearing process for final action. City Attorney Taylor stated further that, alternatively, Major Conditional Use Application No. 03-CU-05 could be finalized by moving to deny proposed Resolution No. 03R-1643 and taking a vote; that on February 6, 2004, a meeting was held with the Administration and Staff; that all the elements have been reviewed; that the necessary City Staff is present for questions if desired. Vice Mayor Martin referred to the Administration's recommendation on the Agenda Request form included in the Agenda backup material as indicating the Commission may: 1. Continue proposed Resolution No. 03R-1643 for the Major Conditional Use and Resolution No. 04R-1690 for the G Zone Waiver to the March 15, 2004, Regular Commission meeting to allow Mote Marine to file and amended Site Plan and set for public hearing or BOOK 55 Page 27034 02/09/04 5:00 P.M. BOOK 55 Page 27035 02/09/04 5:00 P.M. 2. Move to deny Resolution No. 03R-1643 for the Major Conditional Use. Vice Mayor Martin asked if the matter can be scheduled earlier than the March 15, 2004, Regular Commission meeting? City Attorney Taylor stated that the determination was the earliest date would be the March 15, 2004, Regular Commission meeting to assure all the deadlines could be met and the required notices published. City Auditor and Clerk Robinson stated that item is on the current Agenda to assure all the required deadlines can be met for the March 15, 2004, Regular Commission meeting. Commissioner Servian asked if the site plan which will be presented to the DRC and the Commission will have the restaurant removed if the Commission continues the matter? City Attorney Taylor stated yes. Commissioner Servian asked if a similar situation in which a motion to approve failed and the Commission did not take action to deny? City Attorney Taylor stated not to his recollection. City Auditor and Clerk Robinson stated that a similar situation is not recalled in a land use matter. Commissioner Servian stated that a continuance will be supported if the applicant is willing to remove the restaurant from the proposed project; that the restaurant was the major concern. Commissioner Atkins stated that his previous view was for denial as the project was moving forward with no commitment from the Applicant; therefore, the Application was not supported previously; that often, expectations are not met; that defining the restaurant as an accessory use is understood; however, Mote Marine should have come forward with some acceptable verbiage to satisfy the Commission the organization is not competing with private enterprise organizations; that the matter was basically out of sync with the normal process. Vice Mayor Martin stated that the discussion regarding the parameters of the use in the lease should have been resolved prior to considering the conditional use. Commissioner Atkins stated that is correct. Mayor Palmer stated that an apology is offered; that a positive motion for denial should have been requested at the February 2, 2004, Regular Commission meeting but was not; that Mote Marine was requested to come before the Commission regarding the lease, which was her major concern and disagreement with the Board of Directors and organization of Mote Marine; that revenues should come to the City with no restrictions if the City is involved in a revenue producing venture; that her personal concern is not with the restaurant; that the restrictions on the restaurant were very stringent; that the restaurant should not be reconsidered unless Mote Marine is prepared to change the agreement and distribute some of the revenues to the City with no restrictions. City Attorney Taylor stated that one issue raised in the discussion with Staff was if the issue of the restaurant could be further negotiated; that the conclusion was the issue of the restaurant had been before the Commission previously and nothing had been presented to allow Staff to bring the issue of the restaurant back before the Commission; that Mote Marine has offered to substitute educational and office use in the space previously designated for the restaurant; that Mote Marine has the right to present the issue of the restaurant again in the future. On motion of Mayor Palmer and second of Commissioner Bilyeu, it was moved to accept the offer of Mote Marine Laboratory and Aquarium to remove the restaurant from the site plan and to continue the items concerning proposed Resolution Nos. 03R-1643 and 04R-1690, the Amendment to the Development Agreement as incorporated in Application No. 03-DEA-01, and the Sixth Amendment to the Lease Agreement to the March 15, 2004, Regular Commission meeting. City Manager McNees stated that the public hearing concerning the items was previously closed; and asked if the public hearing should be continued or the public hearing re-advertised and reopened? Mayor Palmer stated that another public hearing should be re-advertised and reopened. BOOK 55 Page 27036 02/09/04 5:00 P.M. BOOK 55 Page 27037 02/09/04 5:00 P.M. City Auditor and Clerk Robinson stated that the last public hearing is not being continued; that consideration of the subjects is being continued with the deletion of the restaurant from the site plan. Mayor Palmer stated that is correct. City Manager McNees stated that caution is necessary in the matter. Vice Mayor Martin stated that the lease including the terms of the restaurant use could not be addressed at the February 2, 2004, Regular Commission meeting prior to the other items due to the order on the Agenda; therefore, the use was denied in the entirety; that the concern is the possibility the use was lost due to the order of the Commission's Agenda, which is a disappointment; that clarification is requested from Staff. Karin Murphy, Redevelopment Specialist, Planning and Redevelopment Department, came before the Commission and stated that the matter is being handled very carefully; that the matter is being treated as a remand to Staff for refinement and a return of the matter to the Commission; that the matter will not be going to the Planning Board/Local Planning Agency (PBLP) again; that under the Zoning Code (2002 Ed.), Mote Marine must wait one year to re-file for the restaurant use. Vice Mayor Martin asked if Staff's recommendation is the only manner in which to handle the matter? City Auditor and Clerk Robinson stated yes, based on time constraints with the State grant for Mote Marine of April 1, 2004. Vice Mayor Martin requested that the City Auditor and Clerk restate the motion. City Auditor and Clerk Robinson restated the motion as to continue Resolution No. 03R-1643 approving Major Conditional Use Application No. 03-CU-05, continue Resolution No. 04R-1690 granting a G Zone Waiver and approving Application No. 03-GZW-01, and continue the Amendment to the Development Agreement of Application No. 03-DEA-01 and the Sixth Amendment to the Lease Agreement for Mote Marine Laboratory and Aquarium to a public hearing which will be re-advertised for the March 15, 2004, Regular Commission meeting. Mayor Palmer stated that the Administration's recommendation is for the filing of an amended site plan, which should be included in the motion. City Auditor and Clerk Robinson stated that the filing of an amended site plan is required for the Major Conditional Use without the inclusion of the restaurant as an accessory use. Mayor Palmer stated that the Applicant will be removing the restaurant use; that the proposal was not actually denied; therefore, the Applicant may be able to request the restaurant as an accessory use in less than one year; however, the primary issue is the State grant will be lost if action is not taken by a certain time; that the matter should be resolved expediently; that the other issues can be handled at a later time; that the project for the Educational Center must move forward; therefore, removing the restaurant from consideration at this time is appropriate sO the State grant can be received. Vice Mayor Martin asked for clarification regarding the time requirement for re-filing. City Auditor and Clerk Robinson stated that the Zoning Code (2002 Ed.) indicates another application cannot be filed for a year if the Commission denies a major conditional use; that the Commission has not denied the use; that the matter was withdrawn by Applicant sO the request could be re-filed. Vice Mayor Martin stated for clarification, that the accessory restaurant use is being removed and an alternate use of the space is being specified. City Auditor and Clerk Robinson stated that is correct; that the Applicant can amend the request at a later time. City Attorney Taylor stated that the request would go through the complete review process. Commissioner Bilyeu stated that the matter should go forward at this time. Commissioner Servian stated that the reason the matter was not supported was the restaurant did not fit the definition of an BOOK 55 Page 27038 02/09/04 5:00 P.M. BOOK 55 Page 27039 02/09/04 5:00 P.M. accessory use; that the lack of support had nothing to do with the lease. Vice Mayor Martin stated that removing the restaurant accessory use is a disappointment; that the idea was a brilliant extension of the aquarium use and another opportunity for education about the state of the fisheries and the environment; that the proposed use was properly gauged and considerate of various issues including the competitive issue; that the restaurant would have worked in a synergistic capacity with other local restaurants; that the matter was fairly and creatively addressed with the idea by Mote Marine to establish a fund with a portion of the proceeds to further serve the citizens and children of Sarasota, to help consult with the people in terms of environmental protection issues, and to help further education in the community; that the proposal was set up as a win-win situation for everyone; that Mote Marine indicated the proceeds would be a 50/50 split; that an opportunity has been missed; that the views of the other Commissioners are respected; that not realizing a good opportunity is disappointing. Vice Mayor Martin called for a voted on the motion to continue Resolution No. 03R-1643 approving Major Conditional Use Application No. 03-CU-05, continue Resolution No. 04R-1690 granting a G Zone Waiver approving Application No. 03-GZW-01, continue the Amendment to the Development Agreement of Application No. 03-DEA-01, and the Sixth Amendment to the Lease Agreement for Mote Marine Laboratory and Aquarium to a public hearing which will be re-advertised for the March 15, 2004, Regular Commission meeting. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. a5.a CITIZENS I INPUT CONCERNING CITY TOPICS (AGENDA ITEM IV) CD 7:17 There was no one signed up to speak. 6. OTHER MATTERS/ADMINISTRATIVE OFFICERS ADMINISTRATION WILL REVIEW THE LEASE AND CONCESSION AGREEMENT WITH THE DOWNTOWN PARTNERSHIP; SCHEDULED AN ATTORNEY-CLIENT OUT-OF-THE- SUNSHINE MEETING FOR FEBRUARY 23, 2004 (AGENDA ITEM XI) CD 7:17 through 7:20 COMMISSIONER SERVIAN: A. stated that the Lease and Concession Agreement between the City and the Downtown Partnership of Sarasota related to the Main Street and Lemon Avenue site should be referred to the Administration; that the lease expires September 30, 2004; that a significant number of questions has been heard regarding the lease agreement. City Manager McNees stated that the Lease and Concession Agreement will be reviewed. MAYOR PALMER: A. stated that the patience of all with her participation by speaker telephone is appreciated. B. stated that bringing the issue of the Downtown Partnership and Farmers Market issue to a resolution is appreciated; that the open meeting was informative for all and hopefully will result in a cooperative balance achieved by all the partners involved; that hopefully, any future disagreements will be minimal. VICE MAYOR MARTIN: A. stated that the roof of the Van Wezel Performing Arts Hall (VWPAH) has been pressure cleaned and looks better; that the progress should be noted since comments were made a few weeks ago regarding the roof of the VWPAH; that the VWPAH will continue improving for the next several months as the work is performed. CITY ATTORNEY TAYLOR: A. stated that an attorney-dlient, out-of-the-sunshine meeting is requested to discuss a Federal lawsuit filed against the City in the matter of Dr. Murray Klauber versus the City of Sarasota; that the City Auditor and Clerk has been advised; that strategy and expenses of litigation should be discussed. City Auditor and Clerk Robinson stated that the meeting can be scheduled for February 23, 2004, immediately following the already scheduled Commission Workshop. BOOK 55 Page 27040 02/09/04 5:00 P.M. BOOK 55 Page 27041 02/09/04 5:00 P.M. Vice Mayor Martin stated that hearing the Commission's agreement, an attorney-Client, out-of-the-sunshine meeting will be scheduled. 7. ADJOURN (AGENDA ITEM XII) CD 7:20 There being no further business, Vice Mayor Martin adjourned the Special meeting of the City Commission of February 9, 2004, at 6:00 p.m. r Clcftur Buckad RICHARD F. MARTIN, VICE MAYOR ATTEST: allE Rolune BIELY E. ROBINSON, CITY AUDITOR AND CLERK