MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF APRIL 8, 1996, AT 7:00 P.M. PRESENT: Mayor David Merrill, Vice Mayor Mollie Cardamone, Commissioners Jerome Dupree (arrived at 7:03 p.m.), Nora Patterson, and Gene Pillot (arrived at 7:02 p.m.), city Manager Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor David Merrill The meeting was called to order in accordance with Article III, Section 10 of the Charter of the City of Sarasota at 7:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PUBLIC HEARING RE: CABLE TELEVISION FRANCHISE RENEWAL - PUBLIC INPUT RECEIVED; NO ACTION TAKEN (AGENDA ITEM I) #1 (0040) through (3126) V. Peter Schneider, Deputy City Manager, stated that as part of the formal renewal process of the City's cable operator, Comcast Cablevision of West Florida, Inc., (Comcast) the City is conducting a public hearing in which the public is invited and encouraged to comment on the performance of the cable operator under the current franchise and on future cable-related community needs, including local programming and institutional network requirements; that the input received tonight as well as information obtained through other elements of the pubic process will be evaluated and considered when the City develops its cable ordinance and request for proposal (RFP); that the city's cable consultant will review the tasks identified and performed during the renewal process and provide the framework for the hearing. Don Williams of Rice, Williams Associates (RWA) came before the Commission and stated that in 1994, RWA was retained to assist the City in the renewal process with Comcast; that the purpose of the public hearing is to gain information from the public regarding individual, institutional, and group needs for cable communications in the future; that the lengthy, thorough investigation of community needs and consumer preferences included a community needs ascertainment survey of 400 residential Comcast subscribers and over 70 institutions and organizations in Sarasota; that one significant item identified is the need to develop local programming options in the Sarasota community, i.e., public and government access as well as programming by and for the local educational institutions; that a technical evaluation of the cable BOOK 39 Page 13002 04/08/96 6:00 P.M. BOOK 39 Page 13003 04/08/96 6:00 P.M. communications system was also performed; that Comcast is in the process of rebuilding/wpgrading its entire network within Sarasota; that the evaluation was performed on the system as currently constituted and during reconstruction. Mr. Williams continued that the information received at the public hearing will used to develop a request for a renewal proposal which puts forth the City's minimum requirements for technical issues, customer services standards, institutional services, local programming, etc.; that in accordance with Federal law, the request for renewal proposal will be submitted to Comcast; that Comcast then has an opportunity to submit a proposal addressing the RFP issued by the City; that hopefully, Comcast will submit a proposal which addresses the needs of the Sarasota community for the future, and a new franchise agreement will be negotiated; that the length of the franchise agreement term is subject to what is gained in negotiations with Comcast. Mr. Schneider submitted for the record letters received from Embassy House Association, Inc.; Bayfront Property Owners Committee; Human Services Center of Sarasota, Inc.; Carol Lambert; John Lambert; Michael Murphy, Sarasota County School Board; Danford Sawyer, Jr., President & General Partner, Desoto Channel 62 Associations, Ltd. regarding the Comcast agreement franchise. Mayor Merrill requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Merrill opened the public hearing. The following people came before the Commission: Maureen Cestari, 5205 Fruitville Road (34232) representing Comcast Cablevision of West Florida, Inc., stated that as the Director of Community Relations for Comcast, her responsibilities include working with the municipalities in the day-to-day operation and in the area of franchising; that public input is an important part of the renewal process; that she is most anxious to hear input from the public regarding Comcast's performance and suggestions regarding the needs of the community; that the intention of Comcast is to work with the franchising authorities to develop a franchise agreement which will address the needs identified by the community. Thomas Gaul, Superintendent of Sarasota County Schools, 451 Bowdoin Circle (34236), stated that an educational access channel would expand learning experiences for students and all the citizens in Comcast's franchise area; that expelled and homebound students could be served; that menus informing the public of events occurring at every school could be broadcast; that School Board and Parent-Teacher organization meetings could be broadcast; that the talents and accomplishments of students and teachers could be showcased; that Adult and Community Education offerings to the public could be expanded; that the Sarasota County School Board would like to use the educational channel to transmit programming which is currently broadcast to teachers and students through the schools' closed-circuit television system. Mr. Gaul recognized Mary Watts, Assistant Superintendent for Instruction; Robert Meyer, Assistant Superintendent for Support Services; William Delp, Director, Exceptional Student Education; Brian Fitz-Harris, Executive Director, Pre-K through Grade 8; Wilma Hamilton, Executive Director, Grade 9 through Adult Education; and Janice Mee, Member, Sarasota County School Board. Mr. Gaul requested that the Commission include in the franchise agreement provision for an educational access channel to further benefit students and the community. Kerry Kirshner, former Mayor and City Commissioner, 770 South Palm Avenue (34236), stated that he is speaking as a citizen and not as the Executive Director of the Argus Foundation; that the Argus Foundation has not yet taken a position on this issue. Mr. Kirshner continued that cable television services 85% of the homes in Sarasota County; that minimal public programming is provided; that City Commission and County Commission meetings are televised live; that the Hospital Board meetings are televised on a delayed basis; that attending Commission meetings is difficult for parents of school-aged children who work all day; that a dedicated government channel should be pursued to provide interaction with the public via the television on items such as land-use planning; that a call-in talk show with elected officials could be provided for general City topics. Mr. Kirshner further stated that Comcast donated equipment which enables the Sarasota County School System to transmit educational programs to 40 schools on four in-house channels; that an educational access channel would permit the School Board to transmit taxpayer-funded programming to the entire population; that currently, the only education provided through local programming is the "read to me" program televised from 8 a.m. to 8:30 a.m and two adult education programs televised on Wednesdays and Fridays from 5:30 to 6:00 p.m.; that 1,700 students in Sarasota County miss more than 25 days of school; that an educational channel would provide BOOK 39 Page 13004 04/08/96 6:00 P.M. BOOK 39 Page 13005 04/08/96 6:00 P.M. an opportunity to develop programs for in-home learning requirements. Mr. Kirshner further stated that Comcast is a quasl-monopoly, that building over the existing system established by Comcast would be difficult for a competing cable companyi that the Commission is encouraged to pursue with Comcast expansion of the access channels necessary to meet the needs of Sarasota. Larry Angel, Chairman of the Sarasota County Veterans Committee, 4238 MacEachen Boulevard (34233), stated that 53,000 to 70,000 veterans reside in Sarasota County; that an ability to produce and broadcast a weekly, hour-long veterans' program is requested; that the program would be hosted by a veteran who would receive phone calls and provide information regarding benefits and programs available to veterans and to surviving family members of veterans; that weekly guests would include representatives from the Sarasota County Veterans Service Office, the Vet Center, operated by the United States Department of Veterans' Affairs, and leaders from other local veterans' organizations. Mr. Angel continued that annual Memorial Day and Veterans' Day parades and ceremonies are held in Sarasota; that notifying the public of the scheduled dates for the events is difficult; that many people are informed about the parades through media coverage which occurs after the parades have occurred; that an opportunity to notify the public in advance of scheduled events is requested; that transmitting a message trailer across the bottom of the television screen prior to the date schedule for the parades is one form of public service announcement which would assist the Patriotic Observance Committee in informing the public and enhancing attendance at scheduled events. Mr. Angel further stated that last year, Comcast videotaped and provided the public with a delayed broadcast of the City's Memorial Day events and the events held at Sarasota High School ceremonies. Fred McLaughlin, 1800 Siesta Drive (34243), representing United States Military Veterans, stated that he is the Director of the Sarasota Vet Center, Department of Veterans' Affairs; that advocacy groups need an opportunity to bring their message through the public broadcasting system; that members of advocacy groups, i.e., the veterans' organizations or the Homeless Coalition, could be trained to learn camera operation, directing techniques, and other skills necessary to present programming for viewing by the public. Dan Kunkel, 1710 North Lake Shore Drive (34231), representing the Vietnam Veterans of Sarasota-Manatee, stated that only 10% of all veterans throughout the United States belong to veterans' organizations; thus communication with veterans is limited; that a public access channel would assist veterans in communicating and providing information to veterans; that Sarasota County has approximately 25 veterans' organizations, the majority of which offer benefits and publish newsletters for members; that a public access channel would provide the opportunity for services and newsletters to be offered to a broader audience; that few communities maintain the tradition of Memorial Day and Veterans' Day parades; that a public access channel would provide for better advertising of the events and an opportunity to enhance participation; that the events could be televised for people who are unable to attend; that veteran speakers annually address 8th grade students in the Sarasota County School System prior to and about Memorial Day and Veterans' Day; that a public access channel would provide a greater opportunity to promote patriotism in Sarasota. Mary Ouillin, 2304 Ringling Boulevard #213 (34237), stated that the cable industry is becoming more involved in community service; that the public access channel was removed when Comcast took over Storer Cable and the Sarasota News Network (SNN) was established; that many City Commission meetings are not televised; that County Commission meetings are often pre-empted by BLAB TV; that workshop meetings of governmental entities should be telecast; that the City has adequate facilities and all City Commission meetings should be televised; that much of the apathy in the community is caused by busy schedules; however, many people videotape televised government meetings. Ms. Quillin continued that the franchise agreement should be structured wisely; that Comcast will not the be only cable service provider in the area for much longer; that telephone companies are anticipated to expand services to include television access; that computer programming and on-line communications are continually expanding. Ms. Quillin Eurther stated that increased community programming and televised Commission workshop and planning board meetings should be required under a renewal franchise agreement. Ronald Greiner, 585 Midnight Pass Road (34242) representing Siesta Key Condominium Council, stated that the Siesta Key Condominium Council represents approximately, 75 Siesta Key condominiums; that the Florida Condominium Act entitles condominium owners to cable access by a duly franchised television operator; that originally, cable television was the only television service available; that as delivery of cable services is now provided by telephone line, satellite, wireless, etc., care should be taken by the City to protect the existing cable users from unfair restraints which limit the availability of systems competitive to Comcast; that condominiums are particularly vulnerable to a monopoly which threatens law suits and should be protected in any new agreements set forth between the City and Comcast. BOOK 39 Page 13006 04/08/96 6:00 P.M. BOOK 39 Page 13007 04/08/96 6:00 P.M. Mr. Greiner continued that Comcast should be precluded from suing condominiums that attempt to use competitive services; that Comcast files lawsuits against condominiums for claims of ownership of cable wiring within buildings and easements to real property which survive the contract period; that Comcast won a lawsuit involving tax assessments by disclaiming ownership of such interior wiring; that condominiums should not be required to undergo lawsuits to use the interior wiring for other services; that Comcast also attempts to have condominiums waive rights to the interior wiring when renewal contracts are pending; that Comçast is pursing lengthy contract commitments varying from two to nine years; that managers and condominium board members are not always aware of the intricacies of negotiating contracts and could make bad decisions for the long term; that nine-year contracts limit competition and should be prohibited in the renewal franchise. Mr. Greiner requested that the condominium owners be protected by the franchise renewal; and submitted for the record a resolution passed unanimously by the Siesta Key Condominium Council which requests the City require Comcast do nothing to interfere or prevent successor usage of any interior wiring in any buildings. Commissioner Pillot asked if specifying that the interior wiring is owned by the residents of the condominium would provide alternative options for television access by the residents? Mr. Greiner stated yesi that successor usage of the interior wiring would allow the condominiums to pursue competitive bids received from other service providers without the threat of a lawsuit. Commissioner Pillot stated that letters regarding similar issues have been received from representatives of condominiums not located on Siesta Key. Commissioner Patterson stated that the letter received from the Bayiront Property Owners Committee also referenced franchised contractors who demand lifetime access easements as part of the condition for providing service for a limited period of time. Mr. Greiner stated that condominium boards rely on recommendations from a licensed manager mandated by the State; that many of the managers are not capable of negotiating cable television access; that the elected officials should make attempts to address the issues of interior wiring and easements to protect condominium boards from being taken advantage of by Comcast. Commissioner Pillot requested that the Administration forward to the Commission a copy of the lawsuit referenced in which Comcast allegedly disclaimed ownership of interior wiring. Mayor Merrill stated that in the past, many developers, in negotiating with Storer Cable for the installation of the interior wiring, signed agreements providing permanent ownership of the interior wiring to Storer Cable. Charles Armitage, 6140 Midnight Pass Road (34242), stated that the comments made by Mr. Greiner are supported. Lynn Urban, 7762 Pine Trace Drive (34243) representing Sarasota County Schools, stated that she has been involved in developing the four-channel, closed circuit instructional television system licensed by the Federal Communications Commission (FCC), located on the Sarasota County Technical Institute Campus, with three satellite dishes and two studios, and operated by the Sarasota County School Board; that Comcast has been a partner with the school system; that the "Read to Me" program is a partnership between Comcast and the Adult Community Education Department; that a large portion of the equipment for the closed circuit television system was donated to the School Board by Comcast; that Comcast also offers assistance with the Cable in the Classroom project by supplying the magazine monthly to students free of charge. Ms. Urban continued that the new Telecommunications Law, which was signed by President Clinton in February 1996, will provide consumers with additional viewing opportunities by permitting similar services to be offered through, e.g., telephone companies; that technology is expanding and changes will progress quickly once guidelines for the Telecommunications Law are established; therefore, the length of the franchise agreement should be shorter than proposed. Ms. Urban further stated that Sarasota's cable company should be willing to adapt newly developed technologies; that interactive programming will be vital as networks continue to enhance voice, video, and data capabilities; that interactive programming should be available for instructional and staff development throughout Sarasota County; that, for example, the Lightspan partnership curriculum currently being written will allow children to view a computer/television and interact with other students from home. Ms. Urban continued further that the State of Florida has purchased a transponder on a satellite and formed the Florida Distance Learning Network (FDLN); ; that transponder time on the network will be sold to produce funding for grant programs; that the objective of the grant program is to increase Florida citizens' access to education; that Sarasota will be unable to access the grant funding without a means of transmitting educational programming to the community; that an educational access channel would provide opportunities to instruct homebound students, home schooling students, adults in the workplace, the handicapped, people at home raising children, and teachers; that community agencies ready to BOOK 39 Page 13008 04/08/96 6:00 P.M. BOOK 39 Page 13009 04/08/96 6:00 P.M. contribute programming to an educational channel include: the Ringling Museum, Eckerd College, the University of Southwest Florida, Selby Gardens, Mote Marine, Manatee Community College, and Selby Library; that Hillsborough and Manatee Counties who have formed a consortium to broadcast on educational channels, are willing to share information and assist in the development of educational channels in Sarasota. Ray Thacker, 1919 Lincoln Drive (34236) representing Mote Marine Laboratory, stated that Mote Marine Laboratories produces a number of extremely successful educational programs, i.e., an interactive science/video link, the Jason Project, and workshops for teachers; that these and other educational programs could be broadcast on an educational access channel. Tim Lampman, 1270 5th Street (34236), stated that he has been a cable subscriber for many years; that the service from Comcast has generally been acceptable; however, transmission problems have continually been experienced with Channels 19 and 20; that the problems vary from frequent, slight signal interference to occasional, strong electrical interference; that in response to a complaint lodged in 1984, the cable company rewired his house; that the rewiring did not improve the reception but the matter was not pursued further; that recently he moved from the County into the City limits and had cable installed; that the same problems are being experienced at his new residence; that other cable subscribers experience similar interference problems on the same channels; that his new residence was rewired with no results; that Comcast refuses to recognize a problem exists, although off-duty Comcast representatives have indicated over-the-air signals from Sarasota Memorial Hospital may be the cause; that approximately six weeks ago a letter was sent to Comcast requesting a refund for the services Comcast is unable to provide; that no response has been received to date; that Comcast should be more responsive to interference problems reported. Commissioner Patterson asked if Mr. Lampman's neighbors experience a similar problem with interference on Channels 19 and 20? Mr. Lampman stated yes. City Manager Sollenberger stated that the technical report prepared by RWA addresses the interference on Channels 19 and 20 experienced by subscribers. Vice Mayor Cardamone stated that similar interference experienced at her residence was attributed to the paging system at Sarasota Memorial Hospital; that excellent service was provided by Comcast in remedying the interference which was being experienced on Channels 3, 6, 19, and 20. Kenneth Marshall, #2 6076 Clark Center Avenue (34238), representing Paradise Cable, Inc., stated that Paradise Cable, Inc., recently succeeded in acquiring, at a cost of $1.4 million, the remaining FCC licenses necessary to broadcast signals in Sarasota; that Paradise has been sued by Comcast regarding service provided to Woodfield Apartments and Beneva Ridge, and has been threatened to be sued over the Casarina Condominium on Siesta Key; that Comcast's ownership of the interior wiring in the buildings is the basis of the lawsuits; that the FCC has determined interior wiring in a single-dwelling unit is owned by the property owner; however, property owners are billed $0.44 monthly for cableguard, an insurance policy on the wire, which was not billed until 1992 when Comcast conceded ownership of the wire to property owners; that cable wire costs Comcast approximately $0.6 per foot; therefore, a house can be wired for approximately $12; that interior wiring transmits signals and does not require insurance; that Comcast generates substantial revenue by charging 6 million subscribers nationwide $0.44 per month for cableguard; that subscribers who make a request in writing can have the $0.44 cableguard charge removed from monthly billings. Mr. Marshall continued that many businesses question Comcast's tactics and business practices; that lawsuits are continuously threaten or filed when multiple-dwelling units pursue competitive service through other cable companies; that Paradise expended approximately $32,000 for the lawsuit filed regarding Beneva Ridge; that legal fees for the Beneva Ridge Association totalled $20,000; that rates for a multiple-dvelling unit averages $14 monthly compared to single-dwelling rates of $25; that Comcast threatens single-dwelling rates if Condominium Associations refuse to sign long-term contracts. Mr. Marshall further stated that Paradise is a wireless operator which currently provides 27 channels of programming via air waves versus City or County rights-of-way; that additional channels will be forthcoming as the remaining FCC licenses are acquired; that digital compression of signal is a technological change which should be available later this year; that, for example, 4 channels could be compressed into 40 channels of programming within the same spectrum. Mr. Marshall requested that the Commission consider the following: 1) shortening the length of the franchise renewal agreement with Comcast, 2) requesting the fees collected for cableguard be eliminated or redirected toward educational and community service programming, 3) including a provision to address successor access for interior wiring if Comcast is replaced as a signal provider, and 4) taking over as the cable provider. Mary Kay Fordham, 2491 8th Street #78, stated that she has been a cable subscriber since February 1994; that 8 price increases BOOK 39 Page 13010 04/08/96 6:00 P.M. BOOK 39 Page 13011 04/08/96 6:00 P.M. totalling $5.17 have been experienced over the past 26 months; that Comcast attributes the increases to replacement of coaxial cables with fiber optics; that a reduction in channels was requested to lower the amount of her monthly service bill; that Comcast informed her a converter box at a cost of $2.73 monthly is necessary to block the channels requested; that requiring subscribers to pay for programming not received is ridiculous; that an additional price increase is scheduled for November 1996. Ms. Fordham continued that the Comcast service bills list the City as the franchise contact, but the City does not have a franchise representative; that efforts to contact the FCC and obtain a regulation booklet have been frustrating. Mayor Merrill requested that V. Peter Schneider, Deputy City Manager, contact Ms. Fordham regarding the City's regulation of Comcast. Don Guercio, 47 South Palm Avenue Suite 211 (34236), stated that he is the general manager of BLAB Television; that the station has experienced problems in the past but programming has taken a new direction recently; that an educational access channel is not opposed; that BLAB Television makes a financial commitment to produce public, interactive, community-based broadcasting; that BLAB Television has funded programs hosted by prominent members of the community, i.e., Kerry Kirshner, County Commissioner David Mills, and Sandra Washington, which address local issues; that programs on conventional and alternative medicine, golfing, senior citizens scams, and long-term nursing care have been televised in an effort to better educate the community. Mr. Guercio continued that the contract between BLAB Television and Comcast provides for pre-empting at any time; that maintaining reasonable rates and the flexibility for extended air time as necessary is desired for BLAB Television to continue providing educational programming to the community. Gregg Chappell, 654 Calle De Peru (34242), representing Rebound Youth Service, stated that the Rebound Youth Service teaches vocational skills, i.e., carpentry, auto mechanics, and other trades to severely, emotionally disturbed youths who have been expelled from or do not attend public school and have had been in trouble with the law; that an educational access channel would provide an opportunity for a weekly program showing the youths building furniture or tuning up automobiles, etc., to be produced and televised; that such a program would not only boost the self- esteem of the youths but also provide instruction to the public; that the program would also show the public that trouble youths can be rehabilitated; that Comcast's providing an educational access channel with no air-time charges would benefit the community. Commissioner Patterson asked if Rebound Youth Service could afford the expense of producing a weekly program if the air time were made available on a public access channel? Mr. Chappell stated yes; that the opportunity exist to utilize the Sarasota School Board's television production equipment; that availability to air time could be used to solicit potential sponsors for the program. There was no one else signed up to speak and Mayor Merrill closed the public hearing. Mr. Schneider stated that any additional input neighbors or friends of people present may have can be sent to the City Manager's office for consideration; that the information received tonight as well as the survey information previously received will be compiled and used as a basis in developing a draft RFP. Mr. Williams came before the Commission and stated that the results of the evaluation survey indicated a large number of the 400 residential subscribers surveyed had experienced technical difficulties with several channels, including Channels 19 and 20; that the technical audit indicated a substantial amount of the problems are caused by strong over-the-air signals from paging and mobile radio devices; that the installation of converters would provide increased shielding and eliminate the interference; that Comcast is currently replacing off-air reception with fiber optic links direct to the broadcasters, which should provide better signal quality for some of the other channels identified as problems. Mr. Williams continued that the FCC is in the process of reviewing some of the issues brought forth by the condominium associations; that the FCC will determine whether or not and to what extent the current rules regarding interior cable wiring will apply to multiple-dvelling units in this age of telephone and cable convergencei; that the FCC is likely to set forth regulation which will be more conducive to the condominium owners' point of view; however, the extent to which the FCC regulations will supersede a contract entered into between a bulk-buyer and a cable operator are not known. Mr. Williams further stated that two levels of service exist: 1) the basic tier, which is the service every cable subscriber is required to take, and 2) the satellite tier, which 95% of subscribers elect to take and pay additional monthly fees to receive; that prior to the passage of the Telecommunication Law in 1996, satellite-tier subscribers could file complaints directly to the FCC each time a rate increase occurred and the rate increase would be reviewed by the FCC; that in accordance with the Telecommunications Law of 1996, complaints regarding rate increases BOOK 39 Page 13012 04/08/96 6:00 P.M. BOOK 39 Page 13013 04/08/96 6:00 P.M. related to the satellite tier of service must be filed with the franchising authority, the City of Sarasota; that after more than one complaint on a particular rate increase is received, the franchising authority can file a complaint with the FCC; that the FCC will rule as to whether the rate increase was justified; that historically, complaints regarding rate increases to the satellite- tier of service have not been reviewed in a timely fashion. Commissioner Pillot asked if the ownership of interior cable wiring, the required length of contract, and the elimination of the $0.44 cableguard fee are issues the City could successtully negotiate? Mr. Williams stated that the $0.44 cableguard fee was widely viewed as an aspect of negative-option billing; that in accordance with an FCC ruling, Comcast is required to remove the fee upon written request reçeived from subscribers; that the cableguard fee issue could addressed during negotiations; however, the likelihood of success in negotiating the issue, which is a facet of Comcast's revenue, is not known. Commissioner Pillot stated that City's argument in negotiation could be that Comcast could avoid receiving tens of thousand of letters by eliminating the cableguard fee. Mr. Williams stated that the language developed by the FCC regarding ownership of cable should be improved upon to the extent possible and included in the local regulatory ordinances to make clear to the condominium associations the options available when bulk contracts with a cable operator are negotiated; that wiring multiple-dvelling units is more difficult and more costly than wiring single, residential units. Commissioner Pillot stated that a property or condominium owner has the right to request removal of the wiring; that the ownership of the wire becomes that of the party requesting removal if the cable operator does not remove the wiring within a specified time. Mr. Williams stated that, currently, those regulations apply only to single, residential dwelling units; that upon cancellation of service by the subscriber, the cable operator has 7 days to remove the wiring; that the subscriber also has the option of purchasing the wiring, at cost, within that 7-day period; that the time period was reduced from 30 days to 7 days when the new Telecommunications Law was passed to encourage the retention of wiring installed as part of the general effort to promote competition. 2. APPROVAL RE: RESPONSE TO FDOT DECISION REGARDING RINGLING CAUSEWAY BRIDGE REPLACEMENT PROJECT - REJECTED THE KSA DESIGN THEME FOR A STANDARD FDOT BRIDGE; EXPRESSED A COMMITMENT TO HAVE A DISTINCTIVE BRIDGE BUILT; AUTHORIZED THE ADMINISTRATION TO: 1) SECURE REASONABLE TIME FOR THE CITY TO DEVELOP A BRIDGE DESIGN ACCEPTABLE TO THE FDOT, 2) REQUEST THE FDOT TO REAFFIRM ITS COMMITMENT TO BUILD A BRIDGE ACCEPTABLE TO THE CITIZENS OF SARASOTA, AND 3) REOUEST AN EXPLANATION FROM THE FDOT AS TO THE $38 MILLION FIGURE ESTIMATED FOR THE KUYKENDALL DESIGN (AGENDA ITEM II) #1 (3126) through #2 (2429) Dennis Daughters, Director of Engineering/City Engineer, stated that at the February 5, 1996, regular City Commission meeting, the Commission took the following action: 1) endorsed the Aesthetic Task Team's recommended choice of Alternative #1, designed by Charles Kuykendall, and authorized forwarding the selection to the Florida Department of Transportation (FDOT) and the public for comments and necessary structural modifications, and 2) in the event the recommended selection is rejected or substantially altered, the FDOT be requested to delay the design process to allow the Commission to work with the Foundation for Excellence in Architecture to develop an alternative proposal to meet any objections raised by the FDOT. Mr. Daughters continued that David May, District Secretary, FDOT, responded to the City's recommendations in a letter dated March 18, 1996, stating the Kuykendall concept is not a practical alternative due to cost, structural design complexity, constructability, and maintainability problems associated with the proposed system; that the letter stated that the FDOT is willing to delay the design process for an additional four months to allow the City time to work with the Foundation for Excellence in Architecture and listed specific elements to be addressed in developing new concepts for the FDOT's consideration. Mr. Daughters reviewed the following four options developed for consideration by the City Commission: 1. Request the FDOT to reconsider their position on the Kuykendall design theme and request the Sarasota-Manatee Metropolitan Planning Organization (MPO) to support the City in allocating additional funds. Mr. Daughters stated that the MPO briefly discussed the Bridge design theme at its March 25, 1996, meeting; that several MPO members expressed concern regarding the direction being taken by the FDOT and indicated potential support in allocating additional funds to have an award-winning bridge built over Sarasota Bay. 2. Approve the program of the Foundation for Excellence in Architecture and authorize the Administration to proceed with the program. BOOK 39 Page 13014 04/08/96 6:00 P.M. BOOK 39 Page 13015 04/08/96 6:00 P.M. Mr. Daughters stated that Donald Blivas and Nan Plessas, representatives of the Foundation for Excellence in Architecture, are available for questions but are not prepared to make a presentation regarding the specifics of the program. 3. Request FDOT to pursue the Aesthetic Task Team's second choice of the "Classic" design theme of Kunde, sprecher & Associates (KSA). Mr. Daughters stated that KSA is the design consultant hired by the FDOT. 4. Request FDOT to pursue the aesthetic task team's third choice of the "Y-shaped columns" design theme of Dale Parks & Mike Carlson of MGA Architecture. Mr. Daughters stated that Mr. May indicated that if the City has not submitted an acceptable alternative by the end of July 1996, the FDOT will proceed with the "Classic" design, which was the Aesthetic Task Team's second choice; that four months is a short time period within which to develop an alternative proposal; that the Engineering Department recommends Option #1. City Manager Sollenberger stated that Mr. May indicated the analysis performed on the Kuykendall design theme by FDOT's bridge consultants resulted in an excessive cost figure; that FDOT has requested a second analysis from an independent consultant; that the results of the second consultant's analysis or technical justification for FDOT's rejecting the Kuykendall design has not been forwarded to the City; that the Commission's original position had been to work with the Foundation for Excellence in Architecture if the FDOT rejected the Kuykendall design; that receipt of the technical data upon which FDOT based its rejection would be necessary for the City to proceed with the Foundation; that four months is not sufficient time in which to develop an alternative bridge design concept; that requesting the FDOT to reconsider its position regarding the time delay is implied in Option #1. Commissioner Patterson asked if the four options presented are the only options available to the City. City Manager Sollenberger stated no; that other options may be available; that copies of a bridge design concept approved by the FDOT for construction in Daytona Beach, Florida, have been forwarded to the Commission; that the Broadway Bridge over the Halifax River in Daytona Beach is similar in size and scale to that being considered for the Ringling Causeway Bridge over Sarasota Bay; that the Commission may wish to consider that option. Commissioner Patterson stated that the existing bridge, which requires frequent repairs that cause substantial traffic congestion, does not work well for Sarasota; that failure to meet potential deadlines associated with the Federal funding approved for a bridge replacement could result in the City's losing the opportunity for a new bridge without having a commitment from the FDOT to repair the existing bridge. Mr. Daughters stated that the City has not been informed of a time frame established in accordance with the Federal funding approved for a bridge replacement. Commissioner Patterson requested that the Administration determine if such time frames were established. Commissioner Pillot agreed. Commissioner Pillot stated that the Commission's action of February 5, 1996, included direction for the Administration to seek assistance by the Foundation for Excellence in Architecture if the FDOT rejected the Kuykendall design; that the motion has not been rescinded; therefore, the purpose of the Administration's presenting alternative options for action at this time is not clear. Commissioner Patterson stated that the Foundation for Excellence in Architecture offered to bring experts to the community to assist in the selection of a bridge design; that the February 5 Commission vote was taken without knowledge of the potential amount of time or funding required by the Foundation; that the Commission should hear from the Foundation prior to proceeding. Mayor Merrill stated that extending the four-month delay and receiving additional information from the FDOT would be necessary for the Commission to proceed with the Foundation. The following people came before the Commission: Charles Kuykendall, 1130 Hampton Road (34236), stated that the City Commission has selected and recommended his bridge design; that he supports the Commission's proceeding with Option #1 as recommended by the Administration. Mr. Kuykendall continued that various aspects of the FDOT's conduct during the bridge design process are questionable; that 12 design concepts resulted from the AIA charette meeting held in December 1994; that three architect groups were formed and design themes prepared for the 12 concepts; that the charette presented the design themes to the FDOT at a meeting held in January 1995; that various themes were rightly eliminated from consideration; however, the FDOT indicated the remaining designs were not as acceptable as KSA's standard design because the costs for construction would exceed the budget; that FDOT also informed the Aesthetic Task Team that the bridge design submitted by KSA was the only design which would meet the budget. BOOK 39 Page 13016 04/08/96 6:00 P.M. BOOK 39 Page 13017 04/08/96 6:00 P.M. Commissioner Patterson stated asked if the design similar to the standard FDOT bridge design, which had been submitted to and originally approved by the Aesthetic Task Team, had been rejected by the FDOT? Mr. Kuykendall stated yes; that the design was close to the KSA design but the additional features included raised the cost. Mr. Kuykendall continued that the Broadway Bridge is a segmental bridge design; that in response to inquiries made by the architect charette architect in December 1994, the FDOT stated a segmental bridge was too costly and would not be considered for a bridge the scale proposed for the Ringling Causeway Bridge. Commissioner Patterson stated that the City Engineering Department's data indicates the structure lengths of the Broadway Bridge and proposed Ringling Causeway vary by only 72 feet. Mr. Kuykendall stated that data he has reviewed indicates the Broadway Bridge is only 10 feet longer and zero inches taller than the Ringling Causeway Bridge replacement proposed by FDOT; that the Broadway Bridge design is identical in height and length as the truss bridge design previously approved by the Commission. Mr. Kuykendall continued that contractors generally contact the architect when cost analyses are performed; that no representatives from the FDOT or KSA have not contacted him regarding specific of his design theme. Vice Mayor Cardamone asked if specific information had been submitted regarding the truss design prior to FDOT's performing the cost analysis? Mr. Kuykendall stated that the conceptual drawing was the only information submitted; that the FDOT was not aware that the steel trusses of the bridge were a minimum of 15 feet above the water or that the tubular steel would be 20 inches not 6 inches in diameter; that preparing a cost analysis without asking the designer questions is not common; that the prices the FDOT is quoting fluctuate; that the estimated cost for the truss bridge design was originally $29 million then $38 million; that the cost for replacing the existing Ringling Causeway Bridge was estimated at $60 million; that the wrong people are preparing the price analyses on the bridges; that the FDOT made no presentation nor asked specific questions at the meeting during which the Commission selected the Kuykendall bridge design; that the representatives left the meeting after the Commission's selection was made and have not been heard from since. Vice Mayor Cardamone asked if KSA was the firm which performed the first cost analysis on the Kuykendall design? Mr. Kuykendall stated that he is not sure; that during a discussion regarding another matter, Bill Junkin of KSA had informed him that KSA was no longer working on the project and that the FDOT or Doug Cox, of Post, Buckley, Schuh, & Jernigan, would have to be contacted directly regarding the Ringling Causeway Bridge project. Commissioner Patterson asked if Mr. Kuykendall is willing to make a presentation to the MPO if requested? Mr. Kuykendall stated yes. Donald Ross Blivas, AIA and President, Foundation of Excellence in Architecture. 143 Beach Road (34242), stated that the Ringling Causeway Bridge Replacement project has become a total fiasco; that the FDOT had no intention of supporting a bridge design other than the one prepared by their design consultants, KSA; that the membership of the Aesthetic Task Team did not include numerous design professionals; therefore, the Task Team had difficulty standing up to the FDOT. Mr. Blivas continued that the Foundation at its own expense offered to bring in professionals, i.e., Figg Engineering Group (FEG), the designers of the Sunshine Skyway Bridge in St. Petersburg, to assist the City in talking with FDOT and determining an acceptable design for the Ringling Causeway Bridge replacement; that funding is not a major issue as the professionals will not be paid to perform services; that the Kuykendall design is interesting; however, the FDOT could not have performed a cost analysis based on the information received; that detailed architectural renderings of a concept are required for an accurate cost analysis; that the FDOT has not acted properly regarding the Ringling Causeway Bridge Replacement Project. Commissioner Patterson stated that funding would be required to bring in experts to assist the City. Mr. Blivas stated that the Foundation has adequate funding to bring the experts to Sarasota. Commissioner Patterson stated that the process may be simplified if the City were to request the FDOT to consult FEG regarding the Kuykendall design and, in the event that design is rejected, other designs. Mr. Blivas stated that the Foundation intended to bring several experts to Sarasota and potentially sponsor competitions to develop the best product possible; that discussions were held with FEG, who indicated their involvement is questionable as an employee formerly worked with KSA, FDOT's consultant on the project. Commissioner Patterson stated that the procedure proposed by the Foundation will be lengthy; that time is of the essence even if the City protests the ridiculous four-month delay. BOOK 39 Page 13018 04/08/96 6:00 P.M. BOOK 39 Page 13019 04/08/96 6:00 P.M. Mr. Blivas stated that the City needs answers from the FDOT before the Foundation can proceed; that the Foundation's spending time and money is pointless if the FDOT has decided the only bridge which will be built is the one designed by KSA; that the Foundation has offered to meet with the FDOT to determine whether or not proceeding is feasible; that KSA submitted its design over three years ago; that the FDOT has been going through the motions with the City's Aesthetic Task Teams; that an alternative bridge cannot be designed or accepted overnight; that Commissioners have indicated that retaining the existing bridge may be more acceptable than being forced to accept an undesirable bridge; that the status of the Federal funding may impact the Commission's decision; that selecting a proper bridge design takes time; that the Foundation would not be able to assist the City if a decision is required prior to the end of the year. Commissioner Patterson asked for the amount of time the Foundation will need to complete its procedure? Mr. Blivas stated that the position of the FDOT is not known; that the Foundation could provide a written opinion 30 days after meeting with the FDOT. Commissioner Pillot stated that additional time is necessary unless the City is willing to concede to the FDOT's bridge design. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to authorize the Administration to contact the appropriate State officials in Tallahassee to secure reasonable time limits for the City to develop an acceptable bridge design. Commissioner Patterson stated that the Commission should hear from the remaining speakers prior to taking a vote on the motion. Vice Mayor Cardamone agreed. Commissioner Pillot stated that the City will require an extension of time regardless of the input received regarding the bridge design. Mayor Merrill called for the vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. Roger Compton, 11 Sunset Drive (34236), representing the Aesthetic Task Team, stated that the Mr. Blivas' disparaging remark regarding the inability of the Task Team or the City Commission to judge the appearance of a bridge was inappropriate; that the people of Sarasota are more than capable of differentiating between an adequate and an inadequate bridge. Mr. Compton continued that the City should pursue litigation relative to previous statements made by FDOT representatives regarding Sarasota's receiving a signature bridge regardless of cost. Mr. Compton further stated that the cost analyses prepared by the FDOT for various bridges are questionable; that an $18 million difference between the Kuykendall design and the Broadway Bridge design is not likely; that detailed architectural drawings are not required to perform a relative cost analysis; that perhaps the Foundation could assist the City in preparing relative cost figures for the three priorities recommended by the Task Team to assist the City in determining which design is most worthwhile pursing. William Halstead, 3709 Breezmont Drive (34232), representing the Aesthetic Task Team and AIA, stated that the Commission's proceeding with Option #1 as recommended by the Administration is supported; that in late 1994 the AIA attempted to obtain additional information regarding the Ringling Causeway Bridge Replacement Project and formed a charette of 23 architects to prepare conceptual drawings; that although David Hourdeqiun, an associate and former FDOT representative, acted as liaison for the architects, obtaining information from the FDOT was difficult as the Bridge Development Report (BDR) had not been completed; that at the request of Dennis Daughters, Director of Engineering/City Engineer, 7 design themes were presented to and discussed with FDOT and KSA representatives; that the design themes were subsequently presented at an Aesthetic Task Team meeting attended by FDOT and KSA representatives; that Bill Junkin, of KSA, had stated that all the bridge designs presented were viable and could be constructed. Mr. Halstead continued that the FDOT supports an embellished standard design submitted by KSA; that the Broadway Bridge, designed by FEG, is an acceptable bridge; that FEG is a consultant to KSA; that the Kuykendall design provides a bridge with color and interesting filigree which would light the Bayfront at night, an aspect not addressed by the other designs. Mr. Halstead further stated that Chuck Wood of FDOT indicated a specific amount of funding is allocated annually for bridge construction; that the number of bridges Sarasota County receives may be reduced if a signature bridge is requested; however, funding has been allocated; and requested that the City should pursue Option #1 to obtain additional time from the FDOT, additional funding from the MPO, and a signature bridge for Sarasota. Mark Smith, AIA, 5562 Cape Aqua Drive (34242), stated that although Option #1 is the best of the four options presented by the Administration, other options are available to the Commission; that Option #1 assumes the cost for the Kuykendall design is in excess of the budget; that additional funding may not be required; that BOOK 39 Page 13020 04/08/96 6:00 P.M. BOOK 39 Page 13021 04/08/96 6:00 P.M. requesting the FDOT to reaffirm their previously stated support for providing the City of Sarasota with a signature bridge would be more appropriate; that the City has undergone and completed the design process; that the FDOT should be requested to pursue the City's choice in an honest manner by performing the engineering required to develop a proper cost analysis and presenting the city with options based on the results; that the Commission should support retention and repair of the existing bridge if the FDOT demands acceptance of a standard bridge. Richard Storm, 707 South Gulf Stream Avenue #103 (34236) representing Bridge Too High Committee, deferred from speaking. Julia W. Googins, 174 Whittier Drive (34236), stated that Vice Mayor Cardamone's quote in the Sarasota Herald-Tribune, "Stop the whole plan and repair the existing bridge for only $1.9 million, DOT" was a prudent suggestion; that the bridge could be welded closed and big boats required to lower their masts; that subsidizing the fitting of boats with new masts would be less costly than building a new bridge; that the Commission has represented the community very well against the FDOT dictates. Ms. Googins continued that the increase in population and motor traffic since the 1950s when the Ringling, Cortez, and Manatee Avenue bridges were built justifies the construction of two more bridges to Longboat Key; that the evaluating charette's decision to oppose a bridge connecting Longboat Key to the mainland was disappointing; that Miami Beach is the same length as Longboat Key and the distance across the water to the mainland is also the same, three miles; that five bridges connect Miami Beach with Miami City; that the Ringling Causeway Bridge Replacement Project should be delayed until an additional bridge is built over Sarasota Bay to Longboat Keyi that repairs to the existing Ringling Causeway Bridge or construction of a new bridge will greatly reduce the flow of traffic between the mainland and Longboat Key; that the traffic flow is significantly reduced any time repair work is performed on the existing bridge; that post-season, the trip from the beginning of the Causeway to the mainland takes forty minutes if traffic is reduced to one land eastbound; that air pollution increases when the traffic flow is slowed; that subjecting the citizens to that degree of obstruction for three years while a new bridge is built is absurd. Ms. Googins further stated that comments regarding sidewalks made by the Commission at its January 4, 1996, meeting were disturbing; that the Commission requested modification to the sidewalks to enhance the view of Sarasota Bay by the motorists and to reduce the construction cost of the bridge; that sidewalks on both sides of the bridge will provide greater safety for pedestrians and cyclists; that lowering the sidewalks would subject pedestrians and cyclists to greater air pollution as exhaust fumes are heavier than air and fall downward; that the design features of a new bridge should address durability; that large, oval pilings should be used from the water line down to guard against boat collision and salt water damage; that the pilings should be positioned perpendicular to the roadway of the bridge and parallel to the water flow; that bumpers similar to those on the Sunshine Skyway Bridge should be placed on the pilings. Ms. Googins continued further that the nonintrusive simplicity of the Broadway Bridge design is preferable to any of the other design themes presented. Vice Mayor Cardamone cited the following excerpts from a viewpoint editorial entitled "Stubborn DOT, Give in and Let Sarasota have its Unique Bridge" which had appeared in the Bradenton Herald: Some cities fight about money, power, or corruption. Sarasota's most public controversies are frequently about aesthetics the way things look and why. . e Sarasotans are exercised by how their new bridge will look sitting in the harbor. Since they have to have one, they don't want a standard State Department of Transportation (DOT) bridge, even if it does have a grade three amenities package. Since (the City of Sarasota) is a town where politicians, editorial writers, business people, architects, neighborhood activists, and ordinary citizens all publicly agonize over issues of art, design, and civic planning, then those subjects deserve more than cursory attention. They deserve attention everywhere. Besides, DOT owes Sarasota one anyhow. The last time it pushed a big project through the town it filled in part of the harbor, built U.S. 41 extension highway right across the bayfront, totally demolishing Sarasota's waterfront connection with downtown. That was back in 1960 and the City has spent years and millions since repairing the damage. So simmer down, DOT, and give Sarasota the bridge it wants. It will make the Sarasotans happy, and it will make you look good for a change. Vice Mayor Cardamone stated that obtaining additional time from the FDOT will enable the City to pursue the Kuykendall design, which was the design selected by the Commission. Commissioner Patterson stated that the City's pursing the Kuykendall design is supported; that the Broadway Bridge and the design submitted by Dale Parks and Mike Carlson, MGA Architecture, have similarly impressive qualities and would be acceptable; however, the standard FDOT bridge design submitted by KSA is not. BOOK 39 Page 13022 04/08/96 6:00 P.M. BOOK 39 Page 13023 04/08/96 6:00 P.M. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to reject the KSA design theme as an alternative. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. Vice Mayor Cardamone stated that additional action by the Commission may not be necessary. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to express the Commission's commitment to have a modern, distinctive bridge built if a bridge is to be built over Sarasota Bay. Commissioner Patterson stated that a modern, distinctive bridge would include the Kuykendall design, the Parks/Carlson design, or a bridge design similar to that put forth by FEG for Daytona; that the intent of the motion, however, is not to dilute the City's first choice of the Kuykendall design. Commissioner Pillot stated that the terms modern and distinctive are subjective. Mayor Merrill stated that the word distinctive is acceptable; however, the term "modern" is too subjective; that modern is a building style. Commissioner Patterson, as maker of the motion, and Commissioner Pillot, as seconder, agreed to eliminate the term "modern" from the motion. Mayor Merrill restated the motion as to express the Commission's commitment to have a distinctive bridge built if a bridge is to be built over Sarasota Bay. Vice Mayor Cardamone stated that the first two motions were clearly defined and identifiable; that holding FDOT accountable for previous statements made to the Commission regarding a signature bridge may be a more appropriate motion. On motion of Commissioner Dupree and second of Commissioner Pillot, it was moved to amend the motion to request the FDOT to reaffirm its support and commitment to build a bridge acceptable to the citizens of Sarasota. Commissioner Patterson stated that the FDOT has made no real commitment to build the bridge Sarasota wants; that the FDOT is committed to building a high-span bridge, which the City Commission does not support. Mayor Merrill called for the vote on the motion to amend. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill called for the vote on the main motion to express the Commission's commitment to have a distinctive bridge built if a bridge is to be built over Sarasota Bay and to request that the FDOT reaffirm its commitment to build a bridge acceptable to the citizens of Sarasota. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to request the FDOT to provide the City with the basis on which the $38 million figure for the Kuykendall design was determined. On motion of Vice Mayor Cardamone it was moved to amend the motion to include asking why the FDOT has reneged on their commitment to allow the City Commission to select a bridge based on an acceptable design not based on cost. Motion died for lack of a second. Mayor Merrill called for the vote on the motion to request from the FDOT an explanation of the $38 million figure for the Kuykendall design. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. Commissioner Patterson stated that a meeting with the FDOT is necessary for the Foundation for Excellence in Architecture to evaluate its participation in the process; therefore, the Administration should schedule a meeting with FDOT promptly; that Mr. Kuykendall, City Manager Sollenberger, and the City Engineer should plan to participate in the discussion. City Manager Sollenberger stated that discussion will be held with the Foundation to develop a strategy. The Commission recessed at 9:42 p.m. and reconvened at 9:52 p.m. Commissioner Patterson stated that during the recess, a representative of the Aesthetic Task Team indicated that the Commission should have also rejected the original, standard FDOT bridge design which included fluted, Greek columns. Mayor Merrill stated that hearing no objections, the intent of the vote to reject the standard FDOT bridge design included rejecting the fluted, Greek-column design originally presented. Vice Mayor Cardamone stated that several comments have been made regarding her statement in the Sarasota Herald-Tribune; that the public and FDOT may support the economical approach of repairing the existing bridge. BOOK 39 Page 13024 04/08/96 6:00 P.M. BOOK 39 Page 13025 04/08/96 6:00 P.M. Mayor Merrill stated that hearing no objections, the Commission assigns to Vice Mayor Cardamone the responsibility of carrying forward the idea of repairing the existing bridge. 3. PRESENTATION RE: NBIGHBORHOOD CONCERNS AT THE 888/HYATT/OUAY BASIN - ADMINISTRATION TO REPORT BACK BY THE MAY 15, 1996, CITY COMMISSION MEETING (AGENDA ITEM III) #2 (2429) through (2400) Mayor Merrill stated that the Commission recognizes that problems with noise emanating from nightclubs at the Sarasota Quay, loud boats, and crime are experienced at the 888/Hyatt/Quay Basin; that the presentation should focus on solutions to the problems being experienced. Philip Dasher, 926 Boulevard of the Arts (34236), Granville Crabtree, 912 Boulevard of the Arts (34236), and William Gulick, 904 Boulevard of the Arts (34236), representing Marina Suites Association; and Joseph Hylan, 910 Boulevard of the Arts (34236) representing 888, came before the Commission. Mr. Crabtree stated that statements have been made in the past that Philip Dasher is the only resident lodging complaints; that the four people currently before the Commission represent 25 members of the Marina Suites Association and 75 residents from the 888 and 988 Condominiums, who have also experienced problems generated by the development of the Sarasota Quay. Mr. Dasher stated that the neighborhood concerns have been categorized into three areas: 1) boat noise, 2) crime, and 3) controllable and noncontrollable noise emanating from Sarasota Quay. Mr. Dasher continued that numerous incidents have been experience with intoxicated boaters boarding vessels at 2 a.m. and 3 a.m., revving the engines in the Quay basin, and waking local residents; that Florida Statutes, Chapter 327.65, outlines regulations for muffling devices and provides for adoption of additional noise pollution and exhaust regulations by local ordinances; that the sound level test is performed at a distance of 50 feet from the vessel; that sound levels in excess of 90 decibels are illegal in State and Intercoastal Waterways; that Florida also has a Boating While Intoxicated (BWI) law with implied consent provisions; that the neighborhood is requesting the State Statute on noise be enforced and that boating safety checks be performed at the Quay late at night. Mr. Crabtree stated that enforcement of existing City ordinances related to noise could assist in resolving problems experienced with the boat and other noise in and around the Quay basin; that the City's Zoning Code pertaining to the Commercial, Central Business District (C-CBD) specifically prohibits amplified music and amplified entertainment, but the City does not enforce the ordinance; that enforcement of the City's noise ordinance is subjective; that noise emanating from the Sarasota Quay makes conversation difficult inside his residence if the balcony door is ajar; that area residents are subjected to a continuous beat- thumping sound throughout the evening; that "Teen Night" on Sunday evenings also creates disturbing noise; that police officers' determinations as to whether the level of noise is loud or raucous is subjective; that police officers who are not willing to enforce the noise ordinance should not be assigned to patrol the residential areas surrounding the Quay. Commissioner Pillot asked if the Sarasota Quay was excluded when the noise ordinance was changed to provide investigating police officers with discretion in determining sound levels? City Attorney Taylor stated that the ordinance as drafted does not require meter readings in response to complaints at the Sarasota Quay. Mr. Dasher stated that requiring meter readings to measure the noise levels at the Quay was discussed during an April 1993 meeting held with City Manager Sollenberger, Attorney John Meshad, Commissioner Pillot, who was mayor at the time, and himself; that the Commission was forwarded a memorandum after that meeting which indicated the City's intention to purchase equipment to measure the noise levels; that a copy of the memorandum is contained in the materials he previously submitted to the Commissioners. Mr. Crabtree stated that perhaps the ordinance could be amended to require meter readings at residences located within, for example, 300 feet of the Quay. Commissioner Patterson cited the following from the Methods of Enforcement documentation attached to Resolution No. 93R-651 which approved Special Exception Petition 92-SE-07 to permit various marine-oriented uses in the basin adjacent to Sarasota Quay and the Hyatt Hotel: The Sarasota Quay's security officer or the Sarasota Quay's trained person shall issue a written warning to a transient boat user, or any violation of the Rules attached hereto as Exhibit 6 . Commissioner Patterson stated that the rules in Exhibit 6 prohibit excessively noisy boats and boats idling in a slip for more than five minutes; and asked if the Quay has security officers who issues warnings? Mr. Dasher stated no; that a committee consisting of one representative from the Lawrence Point Condominium, himself, BOOK 39 Page 13026 04/08/96 6:00 P.M. BOOK 39 Page 13027 04/08/96 6:00 P.M. representing the combined group of 888, 988, and the Marina Suite Condominiums, and Sarasota Quay management representatives developed the rules referenced; that the Special Exception granted requires: 1) periodic discussions between the Quay management and the condominium representatives regarding compliance by the Quay to the stipulations and 2) communications between the security offices at the condominiums and the security office at the Quay to enable reporting of violations directly to the Quay security rather than to the Sarasota Police Department; that subsequent to the approval of Special Exception Petition 93R-SE-07, the Quay management ceased communications with the condominium representatives; that the Quay has had four different managers since the special exception was approved; that attempts to contact the managers to discuss violations occurring at the Quay have been fruitless; that the Quay has not abided by the terms of the special exception. Mr. Dasher summarized the neighborhood's recommendations as follows: 1. Develop a separate zone district for the Quay basin. 2. Require noise to be controlled inside the establishments at the Quay with no noise being transmitted outside. 3. Make the owner, not the manager, responsible for enforcing the provisions of the special exception by eliminating the misdemeanor and increasing the fines or restricting the owners' license to operate. 4. Enforce the prohibition of operating equipment, i.e., street Cleaners and pressure cleaners, during the late evening and early morning hours. Mr. Dasher stated that recently grills were sprayed with toxic materials in the parking lots; that the toxic chemicals drained directly into the basin; that the violation can be confirmed by representatives at the Hyatt Hotel. 5. Enforce the ordinance prohibiting outdoor dining at the Quay after 11 p.m. Commissioner Pillot asked if the neighborhood would also support utilizing instrumentation to measure sound levels? Mr. Dasher stated that his residence is 700 feet from the Downunder Jazz Bar; that tests measuring 50 decibels have been performed at his residence; that the basin residents should not be subjected to continuous beat-thumping sounds late in the evening; that the sound should be contained; that the noise ordinance states the following: ive I roper ner 1 aws; No person shall make, continue, or cause to be made or continued any loud or unusually loud unnecessary excessive noise which unreasonably annoys, disturbs, inures, or endangers the comfort and repose of others within the limits of the City. Commissioner Pillot stated that the language cited is subjective; that he has personally witnessed the beat-thumping sounds occurring at Mr. Dasher's residence; that he agrees the sound is definitely annoying and objectionable; however, police officers responding to complaints have not. Commissioner Pillot asked if the neighborhood recommends meter readers to measure sound levels? Mr. Crabtree stated yes. Mr. Dasher stated yes, if a series of decibel measurements for different parts of the basin are determined. Mr. Gulick stated that the establishments at the Quay are frequented and enjoyed; however, the amplified and intermittent sounds emanating from the Quay are not; that the Downunder Jazz Bar was not a problem until two years ago when the establishment began amplifying the music; that many times he and his guests have to vacate his deck and close the balcony door to continue their conversation; that the amplified sound emanating from the Quay is continuous between the hours of 8 p.m. and 2:30 a.m.; that intermittent sounds are primarily caused by drunk and disorderly conduct on the dock at the Quay; that the loud yelling, boat motors, etc., wake him from a sound sleep; that continuous monitoring would assist in controlling the intermittent sounds; that a security officer may not have the authority to arrest patrons who are drunk and disorderly or to enforce the State Statute regarding unmuffled boats; therefore, placing on site a permanent police substation or an officer authorized to take the necessary actions is recommended. Mr. Crabtree stated that 700 people reside in the area surrounding the basin. Mr. Highland stated that his residence is located directly across from the Quay; that one neighbor often has to relocate her two-year-old child who is awakened by the noises emanating from the Quay; that he formerly resided in New York City in the vicinity of various entertainment establishments, i.e., Rodney Dangerfield's and Chippendales; that one of his residences was located over a jazz club; that in New York City, where entertainment establishments operate until 5 a.m., licenses are revoked if noise amplifies outside an establishment; that problems were not experienced with sound when he resided in New York City. BOOK 39 Page 13028 04/08/96 6:00 P.M. BOOK 39 Page 13029 04/08/96 6:00 P.M. Mr. Highland continued that he enjoys and frequents the establishments at the Quay; that ignorance of both law and attitude applies toward a building that pays over $1 million in taxes annually is part of the problem; that the noise begins at 5 p.m. and continues through to 3 a.m. Mr. Highland demonstrated the sound to which basin residents are subjected by locating a portable tape player at the rear of the Chambers, playing music, and attempting to talk. Mr. Highland also used a portable meter reader to measure the level of sound to which the Commission and audience were being subjected. Mr. Highland stated that music played in the Chambers registered 65 and 50 decibels; that police officers responding to complaints have subjectively determined that noise levels which registered at 78 decibels were acceptable. Vice Mayor Cardamone asked if closing the doors at the establishments reduces the sound impact? Commissioner Patterson asked if the sound problem exists with equal magnitude with the doors opened and closed? Mr. Crabtree and Mr. Gulick stated yes. Mr. Highland stated that the sound is not as loud when the doors are closed, but the sound with the doors closed is still too loud. Mr. Gulick stated that the degree of amplification causes the problems. Jack Douse, 420 El Verona Avenue (34236), representing the El Verona Condominium Association, stated that El Verona Avenue runs parallel to U.S. 41 between Fourth Avenue and Boulevard of the Arts; that the overflow parking lot for the Onav is lanated hatrre BOOK 39 Page 13031 04/08/96 6:00 P.M. Enforce the ordinance which prohibits outdoor dining at the Quay after 11 p.m. Require police or other patrol of the overflow parking lot during and subsequent to the closing hours at the Quay. Increase fines for violation against the owner rather than the manager. Mr. Dasher came before the Commission and stated that the Hyatt management recently gated the Fourth Street entrance to the Hyatt parking lot and increased security, which has dramatically reduced the after-hours noise and the debris collection required daily at that location; that John O'Hara, General Manager, Hyatt Hotel, supports increased police presence at the Quay and is willing to issue no trespass violations for unmuffled boats. City Manager Sollenberger stated that Mr. Dasher has met with and mntlined for the Administration the neighborhood's recommendations; Vice Mayor Cardamone asked if citations are issued to unmuffled boats? Director Lewis stated that the City has tested several boats over the past two weeks in response to complaints received from Mr. Dasher; that no citations were issued as the meter reading levels on the boats tested were within the limits set by the Florida Statutes. Commissioner Dupree asked if the testing was performed in the Quay basin during early morning hours? Director Lewis stated no; that the testing was performed in the vicinity of Island Park. Tom Samara, 888 Boulevard of the Arts, Apt. #200 (34236), stated that the doors to the second floor apartment of the South Tower at 888 facing west must be kept closed constantly; that boats being operated between 1:30 a.m. and 3 a.m. create a high level of noise; that one solution would be to extend the no-wake zone out further and ask the City's Marine Patrol to oversee the area; that although a similar boat is used by the Marine Patrol, the engines are muffled and are not obtrusive. George E. Ryan, 988 Boulevard of the Arts, Apt. #317 (34236). was no longer in the Commission Chambers. Joanne Perrot, 988 Boulevard of the Arts (34236). stated that the Director of Public Safety's indication that the decibels levels of cigarette boats tested recently were considered acceptable is difficult to comprehend; that noise problem created by unmuffled boats occur during the day as well as in the evening; that both telephone conversation as well as conversation between individuals in the same room is difficult to hear; that the vibration on the tenth floor experienced from the sound of unmuffled boats is jarring; therefore, must be detrimental to the manatee and fish swimming in the Quay basin. Mayor Merrill stated that Director Lewis had referred to the legality and not the acceptability of the decibel level. Myra Dasher, 926 Boulevard of the Arts (34236) stated that the cigarette boats put the marine park and the environment at risk; that the boats arriving at law-breaking speeds could potentially harm the manatees which are constantly viewed in the basin; that the boats and music create unbearable noise levels; that one unmuffled boat comes in and out of the Quay basin five or ten times per day; that an investigation is warranted to determine whether the owner is deliberately flaunting directives to muffle the boat; that Florida license numbers identifying the offenders are visible to the authorities; that something should be done. BOOK 39 Page 13032 04/08/96 6:00 P.M. BOOK 39 Page 13033 04/08/96 6:00 P.M. Ms. Dasher continued that the Marine Patrol travels in and out of the Quay basin daily without making any, safety checks; that a clear message would be sent to boat owners if the Marine Patrol issued tickets on weekend evenings. Ms. Dasher referred to a letter written by Volkar and Elizabeth Grotto of 1101 Tower One to the Condo-on-the-Bay management which addresses bar music blasting until 2 a.m., power boats violating the residential zoning ordinance with 120 decibel engines, and other sounds emanating from the Quay which wake people at 3 a.m. Volkor and Elizabeth Groth, 888 Boulevard of the Arts, Apt. #1101 (34236). were no longer in the Commission Chamber. Steen Stovall, 888 Boulevard at the Arts, Apt. #906 (34236). stated that his family owns three units at the 888 Condominium; that he suggests a video camera, similar to that used to identify vehicles running red lights, be fixed at the end of the seawall at the Quay basin to identify the unmuffled boats; that in addition to extending the legal border in the water where the boats may begin accelerating, a camera fitted with a decibel reader and a time code would inform the Police when the offense occurred. Dan Dressler, 416 E1l Vernona Avenue (34236), deferred from speaking. Roland King, 916 Boulevard of the Arts (34236), stated that he has resided in Sarasota since 1950; that although Sarasota has great concerns with visual aesthetics, the way things sound is just as important; that the motor boat operators should be arrested and the bar at the Quay Closed down. Michael Furen, 2033 Main Street (34237), representing International Nightclub Corporation, stated that his client is the owner and operator of In Extremis, the sponsors of "Teen Night, 1 which is a very popular event for the youth of the community; that the teens shown drinking in overflow parking lot did not acquire alcoholic beverages from In Extremis; that the owner of the nightclub has previously worked with the Quay management, Director Lewis, Gordon Jolly, Chief of Police Services Bureau, Public Safety Department, and other City Staff members to address legitimate concerns; that off-duty police officers are voluntarily funded for crowd control: that although the owner of In Extremis is not unresponsive to legitimate concerns, the City granted a special exception for nightclubs to operate at the Quay; that a large sum of money has been invested in the business from which a significant amount of taxes are paid; that the owners of In Extremis will resist any effort to ban "Teen Night"; that any action taken by the City which would adversely affect the City-approved business operation would be met with stiff resistance; that the City Administration should arrange a meeting at which both the management and tenants of the Quay and the residents of 888, 988, and El Vernona Avenue are in attendance; that the Commission may consider meeting with the tenants in the Quay to discuss possible solutions to legitimate concerns or seeking input from the youth in the community relative to banning the Sunday night function which provides one of the few places for them to congregate. Vice Mayor Cardamone asked what teenagers do at a nightclub? Mr. Furen stated that the teenagers dance and drink soda pop. Vice Mayor Cardamone asked if any alcohol beverages are sold? Mr. Furen stated that no alcohol is sold to underage patrons. Commissioner Pillot stated that the scene in the video, although not at In Extremis, but in the parking lot afterwards, is the City Commission's responsibility; that banning "Teen Night" is not justified; however, demanding that the teenagers behave in a responsible manner is an enforceable expectation; that the residents have a legitimate right to expect Commission action; that to ignore any citizen's rights would render the Commission irresponsible; that Director Lewis and Police Chief Jolly are studying possible solutions to the problem; that the meetings with the residents should include meetings with the management of the Quay; that the Commission should fully support the Administration's review of the situation and development of solutions. Mayor Merrill asked if the Administration requires any action from the Commission. City Manager Sollenberger stated no; that an outline of possible action was presented during the meeting; that a meeting with the management of the Quay is desirable; that the transient nature of the management of the Quay and the restaurants has made communications difficult; that a great deal of time was spent with the managers at the time the special exception was approved; that the Administration will attempt to develop a solution which balances the rights of the Quay tenants and the residents of the adjacent neighborhood. Commissioner Patterson stated that the Commissioner of Police in New York City believes crime is a by-product of disorder and creating a more orderly atmosphere reduces crime; that crime in New York was reduced by 30% in a two-year period; that the City currently expends substantial resources answering complaint calls in the Quay basin area; that City's resources should be applied to find a solution; that the businesses in the Quay should be required to operate in an acceptable manner; that the constant change in management has been part of the problem; however, a new attitude toward and within the Quay is required to bring about a balance BOOK 39 Page 13034 04/08/96 6:00 P.M. BOOK 39 Page 13035 04/08/96 6:00 P.M. between noncompatible and compatible uses; that the problems have got to be diminished. Vice Mayor Cardamone asked if the Commission can expect a report back from the Administration by the regular City Commission meeting on May 15, 1996? City Manager Sollenberger stated yes; however, beneficial measures will be implemented prior to that meeting. Commissioner Dupree asked if the City Attorney will participate in the Staff review referenced? City Manager Sollenberger stated yes; that the City Attorney has been included in all prior considerations of the issue. 4. ADJOURN (AGENDA ITEM XII) #3 (2972) There being no further business, Mayor Merrill adjourned the special meeting of April 8, 1996, at 11:34 p.m. DAVID MERRILL, MAYOR ATTEST: Billy & Robursen BILLY B ROBINSON, CITY AUDITOR AND CLERK